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Alaska Statutes

Alaska Stat. § 12.25.070 (2026)

Limitation on restraint in arrest

✓ current as of July 2026
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Sec. 12.25.070. Limitation on restraint in arrest.
A peace officer or private person may not subject a person arrested to greater restraint than is necessary and proper for the arrest and detention of the person.


Notes of Decisions
Cited in 20 cases (7 in the last 5 years), 1970–2026 · leading case: Olson v. City of Hooper Bay, 251 P.3d 1024 (Alaska 2011).
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Olson v. City of Hooper Bay, 251 P.3d 1024 (Alaska 2011). · cites it 3× “370 and AS 12.25.070 provide sufficient notice to an officer of the legality or illegality of the officer's actions.”
Russell Ex Rel. Jn v. Virg-In, 258 P.3d 795 (Alaska 2011). · cites it 2× “370(a) ("In addition to using force justified under other sections of this chapter, a peace officer may use nondeadly force and may threaten to use deadly force when and to the extent the officer reasonably believes it necessary to make an arrest, to terminate an escape or…”
Samaniego v. City of Kodiak, 2 P.3d 78 (Alaska 2000). · cites it 4× “370 and AS 12.25.070, as well as the case law interpreting our qualified-immunity statute.”
Marquinn Jones-Nelson v. State of Alaska, 512 P.3d 665 (Alaska 2022). · cites it 2× “Compare AS 12.25.070 (limiting an arresting officer or person to “necessary and proper” force (emphasis added)), and AS 11.”
Maness v. Daily, 307 P.3d 894 (Alaska 2013). “370(a) provides in part that a peace officer "may use nondeadly force and may *901 threaten to use deadly force when and to the extent the officer reasonably believes it necessary to make an arrest, to terminate an escape or attempted escape from custody, or to make a lawful…”
Lum v. Koles, 314 P.3d 546 (Alaska 2013). “370 (explaining when officer may use force); AS 12.25.070 (explaining amount of force officer is authorized to use).”
Est. of Day Ex Rel. Strosin v. Willis, 897 P.2d 78 (Alaska 1995). “AS 12.25.070 expressly applies only to a "person arrested.”
Howard v. State, 664 P.2d 603 (Alaska Ct. App. 1983). “AS 12.25.070 (no peace officer or private person may subject a person arrested to greater restraint than is necessary and proper for his arrest and detention).”
Wilson v. State, 473 P.2d 633 (Alaska 1970). · cites it 2× “030 provides: 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; (3) when a felony has in fact been committed, and he has…”
Martin v. State, 623 P.2d 1225 (Alaska 1981). · cites it 2× “Martin then started running again, and one of the officers again ordered him to stop.”
Grant v. State, 621 P.2d 1338 (Alaska 1981). · cites it 6× “6 The State suggests in its brief that the court’s instruction in which it quoted AS 12.25.070 was sufficient. 7 However, AS 12.”
Howell v. Mun. of Anchorage (D. Alaska 2022). · cites it 3× “240 Together, these statutes provide that a police officer “may not subject a person arrested to greater restraint than is necessary and proper for the arrest and detention of the person” and allow an officer to “use nondeadly force and [] threaten to use deadly force when and…”
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