Alaska Statutes

Alaska Stat. § 12.25.030 (2026)

Grounds for arrest by private person or peace officer without warrant

✓ current as of July 2026

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Sec. 12.25.030. Grounds for arrest by private person or peace officer without warrant.
(a) A private person or a peace officer without a warrant may arrest a person
     (1) for a crime committed or attempted in the presence of the person making the arrest;

     (2) when the person has committed a felony, although not in the presence of the person making the arrest;

     (3) when a felony has in fact been committed, and the person making the arrest has reasonable cause for believing the person to have committed it.

(b) In addition to the authority granted by (a) of this section, a peace officer
     (1) shall make an arrest under the circumstances described in AS 18.65.530;

     (2) without a warrant may arrest a person if the officer has probable cause to believe the person has, either in or outside the presence of the officer,
          (A) committed a crime involving domestic violence, whether the crime is a felony or a misdemeanor; in this subparagraph, “crime involving domestic violence” has the meaning given in AS 18.66.990;

          (B) committed the crime of violating a protective order in violation of AS 11.56.740; or

          (C) violated a condition of release imposed under AS 12.30.016(e) or 12.30.027;

     (3) without a warrant may arrest a person when the peace officer has probable cause for believing that the person has
          (A) committed a crime under or violated conditions imposed as part of the person's release before trial on misdemeanor charges brought under AS 11.41.270;

          (B) violated AS 04.16.050 or an ordinance with similar elements; however, unless there is a lawful reason for further detention, a person who is under 18 years of age and who has been arrested for violating AS 04.16.050 or an ordinance with similar elements shall be cited for the offense and released to the person's parent, guardian, or legal custodian;

          (C) violated conditions imposed as part of the person's release under the provisions of AS 12.30; or

          (D) violated AS 11.41.230 at a health care facility, and the person
                (i) was not seeking medical treatment at the facility; or

                (ii) was stable for discharge.

(c) [Repealed, § 16 ch 61 SLA 1982.]
(d) [Repealed, § 72 ch 64 SLA 1996.]
(e) In this section, “health care facility” has the meaning given in AS 18.07.111.

Notes of Decisions

Cited in 44 cases (3 in the last 5 years), 1967–2026 · leading case: Atwater v. City of Lago Vista, 532 U.S. 318 (2001).

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Atwater v. City of Lago Vista, 532 U.S. 318 (2001). · cites it 2× “2000) (authorizing warrantless arrest for any "public offense" committed in the presence of the officer); Alaska Stat. Ann. § 12.25.030 (a)(1) (2000) ("for a crime committed .”

McCoy v. State, 491 P.2d 127 (Alaska 1971). · cites it 11× “ARREST AS 12.25.030 provides that a peace officer without a warrant may arrest a person (1) for a crime committed or attempted in his presence; (2) when the person has committed a felony, although not in his presence; (3) when a felony has in fact been committed, and he has…”

State v. Grier, 791 P.2d 627 (Alaska Ct. App. 1990). · cites it 5× “030(3) applies as well to AS 12.25.030(1) which governs misdemeanor arrests.”

Prentzel v. State, Dep't of Pub. Saf., 169 P.3d 573 (Alaska 2007). · cites it 2× “9 The court also ruled that Troopers Scott and Gilmore were immune from suit even though they admittedly misunderstood the law by failing to recognize that AS 12.25.030 did not authorize warrantless arrests for violations of misdemeanor DWI bail conditions.”

Prentzel v. State, Dep't of Pub. Saf., 53 P.3d 587 (Alaska 2002). · cites it 3× “The superior court ruled that Prentzel's arrest was "an exercise of Trooper discretion," and that governmental immunity protects Troopers Scott and Gilmore from liability for misinterpreting their authority to arrest Prentzel under AS 12.25.030. 5 The superior court also denied…”

Pistro v. State, 590 P.2d 884 (Alaska 1979). · cites it 2× “The issue of whether probable cause existed for the arrest was argued before the superior court.”

Layland v. State, 535 P.2d 1043 (Alaska 1975). · cites it 4× “14 Warrantless arrests are regulated by AS 12.25.030 which provides that A private person or a peace officer without a warrant may arrest a person (1) for a crime committed or attempted in his presence; (2) when the person has committed a felony, although not in his presence;…”

Hamilton v. State, 59 P.3d 760 (Alaska Ct. App. 2002). · cites it 2× “[7] See AS 12.25.030(a)(1) (a police officer may arrest a person without a warrant when the person commits a crime in the officer's presence); AS 12.”

Jacobson v. State, 551 P.2d 935 (Alaska 1976). · cites it 2× “AS 12.25.030 provides, in part, that a peace officer may make a warrantless arrest of a person for a crime committed or attempted in his presence.”

Est. of Logusak v. City of Togiak, 185 P.3d 103 (Alaska 2008). · cites it 4× “Accordingly, we examine the police officers' actions under AS 12.25.030. 8 The existence of a statute addressing the situation before us is not the end of the inquiry, however.”

Deal v. State, 626 P.2d 1073 (Alaska 1980). · cites it 2× “On appeal, Deal now seeks to raise, in addition to those theories argued below, the following arguments which admittedly were not directly raised before the trial court: (1) that his arrest was illegal under AS 12.”

United States v. Grigg, 498 F.3d 1070 (9th Cir. 2007). “See Alaska Stat. § 12.25.030 (2006); Ariz.Rev.”

Show all 44 citing cases →

— Alaska Stat. § 12.25.030(1) — 4 cases

Howes v. State, 503 P.2d 1055 (Alaska 1972).

Miller v. State, 462 P.2d 421 (Alaska 1969).

State v. Grier, 791 P.2d 627 (Alaska Ct. App. 1990). “030(3) applies as well to AS 12.25.030(1) which governs misdemeanor arrests.”

Layland v. State, 535 P.2d 1043 (Alaska 1975). “14 Warrantless arrests are regulated by AS 12.25.030 which provides that A private person or a peace officer without a warrant may arrest a person (1) for a crime committed or attempted in his presence; (2) when the person has committed a felony, although not in his presence;…”

— Alaska Stat. § 12.25.030(3) — 5 cases

McCoy v. State, 491 P.2d 127 (Alaska 1971). “ARREST AS 12.25.030 provides that a peace officer without a warrant may arrest a person (1) for a crime committed or attempted in his presence; (2) when the person has committed a felony, although not in his presence; (3) when a felony has in fact been committed, and he has…”

State v. Grier, 791 P.2d 627 (Alaska Ct. App. 1990). “030(3) applies as well to AS 12.25.030(1) which governs misdemeanor arrests.”

Dunn v. State, 653 P.2d 1071 (Alaska Ct. App. 1982).

Merrill v. State, 423 P.2d 686 (Alaska 1967).

Soolook v. State, 447 P.2d 55 (Alaska 1968).

— Alaska Stat. § 12.25.030(a) — 4 cases

Moxie v. State, 662 P.2d 990 (Alaska Ct. App. 1983).

Duncan v. State, 178 P.3d 467 (Alaska Ct. App. 2008).

Cullom v. State, 673 P.2d 904 (Alaska Ct. App. 1983).

Chase v. State, 243 P.3d 1014 (Alaska Ct. App. 2010).

— Alaska Stat. § 12.25.030(a)(1) — 4 cases

Hamilton v. State, 59 P.3d 760 (Alaska Ct. App. 2002). “[7] See AS 12.25.030(a)(1) (a police officer may arrest a person without a warrant when the person commits a crime in the officer's presence); AS 12.”

Earley v. State, 789 P.2d 374 (Alaska Ct. App. 1990).

Ford v. State, 699 P.2d 889 (Alaska Ct. App. 1985).

O'Connor v. Mun. of Anchorage, 907 P.2d 1377 (Alaska Ct. App. 1995).

— Alaska Stat. § 12.25.030(a)(3) — 2 cases

Yi v. Yang, 282 P.3d 340 (Alaska 2012).

Lege v. City of Ketchikan, Alaska (D. Alaska 2021).

— Alaska Stat. § 12.25.030(b) — 2 cases

Williams v. State, 151 P.3d 460 (Alaska Ct. App. 2006).

Mun. of Anchorage v. Sanders, 902 P.2d 347 (Alaska Ct. App. 1995).

— Alaska Stat. § 12.25.030(b)(2) — 1 case

Mun. of Anchorage v. Sanders, 902 P.2d 347 (Alaska Ct. App. 1995).

— Alaska Stat. § 12.25.030(b)(2)(A) — 1 case

State v. Bingaman, 991 P.2d 227 (Alaska Ct. App. 1999).

— Alaska Stat. § 12.25.030(b)(8)(B) — 1 case

Est. of Logusak v. City of Togiak, 185 P.3d 103 (Alaska 2008). “Accordingly, we examine the police officers' actions under AS 12.25.030. 8 The existence of a statute addressing the situation before us is not the end of the inquiry, however.”

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