Alaska Statutes
Alaska Stat. § 12.25.080 (2026)
Means to effect resisted arrest. [Repealed, § 21 ch 59 SLA 1982. For present provisions, see
✓ current as of July 2026
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Sec. 12.25.080. Means to effect resisted arrest. [Repealed, § 21 ch 59 SLA 1982. For present provisions, see AS 11.81.370 — 11.81.390.]
Notes of Decisions
Cited in 8
cases, 1980–2010 · leading case: State v. Sundberg, 611 P.2d 44 (Alaska 1980).
State v. Sundberg, 611 P.2d 44 (Alaska 1980). “He argued that Alaska's statutory scheme, AS 12.25.080, detailing the means permissible to effect an arrest is unconstitutional, if interpreted to allow the use of deadly force to arrest a fleeing felon who is not threatening the life of another.”
Copelin v. State, 659 P.2d 1206 (Alaska 1983). “2d 44 (Alaska 1980), we elected not to apply the exclusionary rule to a violation of AS 12.25.080 (forcible arrest statute). While noting that the primary purpose of the exclusionary rule is deterrence of future illegal conduct by police, we also concluded that other deterrents…”
Stephan v. State, 711 P.2d 1156 (Alaska 1985). “2d 44 (Alaska 1980), we declined to apply an exclusionary rule to violations of the forcible arrest statute (AS 12.25.080). In the absence of a history of excessive force in arrests, we were persuaded that application of an exclusionary rule would, at best, achieve only a…”
Martin v. State, 623 P.2d 1225 (Alaska 1981). “The officers then had to jump over the fence in order to get to Martin. Under AS 12.25.070, police may not "subject a person arrested to greater restraint than is necessary and proper for his arrest and detention.”
Shorty v. State, 214 P.3d 374 (Alaska Ct. App. 2009). “6 Shorty's argument is directly contrary to AS 12.25.080(8), which authorizes a peace officer to arrest a person without a warrant "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.”
Est. of Logusak v. City of Togiak, 185 P.3d 103 (Alaska 2008). “7 Instead, we look to the Alaska legislature's clear effort to address the situation before us: release of an intoxicated juvenile to her parents under AS 12.25.080. Alaska Statute 12.25.080(b)(8)(B) provides that "a peace officer without a warrant may arrest a person when the…”
Grant v. State, 621 P.2d 1338 (Alaska 1981). “080 indicates that the legislature intended to preclude private persons from using force when making arrests.”
Chase v. State, 243 P.3d 1014 (Alaska Ct. App. 2010). “But Alaska law contains a general provision-AS 12.25.080(a)-that authorizes law enforcement officers to arrest a person without a warrant "for [any] crime committed or attempted in the presence of the [officer]".”
— Alaska Stat. § 12.25.080(8) — 1 case
Shorty v. State, 214 P.3d 374 (Alaska Ct. App. 2009). “6 Shorty's argument is directly contrary to AS 12.25.080(8), which authorizes a peace officer to arrest a person without a warrant "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.”
— Alaska Stat. § 12.25.080(a) — 1 case
Chase v. State, 243 P.3d 1014 (Alaska Ct. App. 2010). “But Alaska law contains a general provision-AS 12.25.080(a)-that authorizes law enforcement officers to arrest a person without a warrant "for [any] crime committed or attempted in the presence of the [officer]".”
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