Alaska Statutes
Alaska Stat. § 12.25.180 (2026)
When peace officer may issue citation or take person before the court
✓ current as of July 2026
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Sec. 12.25.180. When peace officer may issue citation or take person before the court.
(a) When a peace officer stops or contacts a person for the commission of a class C felony offense, a misdemeanor, or the violation of a municipal ordinance, the officer may, in the officer's discretion, issue a citation to the person instead of taking the person before a judge or magistrate under AS 12.25.150, except the officer may arrest if
(1) the person does not furnish satisfactory evidence of identity;
(2) the peace officer reasonably believes the person is a danger to others;
(3) the crime for which the person is contacted is one involving violence or harm to another person or to property;
(4) the person asks to be taken before a judge or magistrate under AS 12.25.150; or
(5) the peace officer has probable cause to believe the person committed a crime involving domestic violence; in this paragraph, “crime involving domestic violence” has the meaning given in AS 18.66.990.
(b) When a peace officer stops or contacts a person for the commission of an infraction or a violation, the officer shall issue a citation instead of taking the person before a judge or magistrate under AS 12.25.150, except the officer may arrest if
(1) the person does not furnish satisfactory evidence of identity;
(2) the person refuses to accept service of the citation.
(3) [Repealed, § 138 ch 4 FSSLA 2019.]
(c) A person may not bring a civil action for damages for a failure to comply with the provisions of this section.
(a) When a peace officer stops or contacts a person for the commission of a class C felony offense, a misdemeanor, or the violation of a municipal ordinance, the officer may, in the officer's discretion, issue a citation to the person instead of taking the person before a judge or magistrate under AS 12.25.150, except the officer may arrest if
(1) the person does not furnish satisfactory evidence of identity;
(2) the peace officer reasonably believes the person is a danger to others;
(3) the crime for which the person is contacted is one involving violence or harm to another person or to property;
(4) the person asks to be taken before a judge or magistrate under AS 12.25.150; or
(5) the peace officer has probable cause to believe the person committed a crime involving domestic violence; in this paragraph, “crime involving domestic violence” has the meaning given in AS 18.66.990.
(b) When a peace officer stops or contacts a person for the commission of an infraction or a violation, the officer shall issue a citation instead of taking the person before a judge or magistrate under AS 12.25.150, except the officer may arrest if
(1) the person does not furnish satisfactory evidence of identity;
(2) the person refuses to accept service of the citation.
(3) [Repealed, § 138 ch 4 FSSLA 2019.]
(c) A person may not bring a civil action for damages for a failure to comply with the provisions of this section.
Notes of Decisions
Cited in 9
cases, 1979–2020 · leading case: Jurco v. State, 825 P.2d 909 (Alaska Ct. App. 1992).
Jurco v. State, 825 P.2d 909 (Alaska Ct. App. 1992). “030 authorizes police officers to arrest without a warrant when a misdemeanor is committed in their presence, but he claims that this statutory authority is limited by AS 12.25.180(a), which provides: When a person is stopped or contacted by a peace officer for the commission of…”
Hamilton v. State, 59 P.3d 760 (Alaska Ct. App. 2002). “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 12.25.180(a) (a police officer who stops or contacts a person for committing a misdemeanor may either arrest them or issue them a citation, at the…”
People v. Monroe, 93 Cal. Daily Op. Serv. 700 (Cal. Ct. App. 1993). “28 (West 1985) [discretion to arrest on failure to supply satisfactory identification]; Alaska Stat. § 12.25.180 , subd. (b)(1) (1991) [same].”
Vigue v. State, 987 P.2d 204 (Alaska Ct. App. 1999). “Thus, under AS 12.25.180, the officer was empowered to stop Vigue and issue him a citation.”
Ahmaogak v. State, 595 P.2d 985 (Alaska 1979). “” AS 12.25.180 provides in part, that “[wjhen a person is stopped or contacted by a peace officer for the commission of a misdemean- or .”
McGuire v. State, 425 P.3d 203 (Alaska Ct. App. 2018). “…to expand the scope of the pat-down beyond this limit in an effort to discover evidence of a crime. Ibid. " 11 See AS 12.25.180(a).”
State of Alaska v. Kai Davidson Meyers, 479 P.3d 840 (Alaska Ct. App. 2020). “040 “allows peace officers to arrest a person for a violation or an infraction if the person refuses to identify himself or to accept a citation” and that it should be read together with the corresponding amendment to AS 12.25.180, governing the use of citations in connection…”
Chase v. State, 243 P.3d 1014 (Alaska Ct. App. 2010). “030(a) and AS 12.25.180(b), police officers have the authority to arrest or issue a citation to any person who commits an offense in their presence.”
State v. Martinez, 131 P.3d 879 (Utah Ct. App. 2006). “§ 32-l-4(a) (LexisNexis 2005) (stating that whenever a person is arrested for a motor vehicle misdemeanor, arresting officer shall release upon written bond to appear, unless officer has good cause to believe person (1) has committed any felony, (2) is “causing or contributing”…”
— Alaska Stat. § 12.25.180(a) — 3 cases
Jurco v. State, 825 P.2d 909 (Alaska Ct. App. 1992). “030 authorizes police officers to arrest without a warrant when a misdemeanor is committed in their presence, but he claims that this statutory authority is limited by AS 12.25.180(a), which provides: When a person is stopped or contacted by a peace officer for the commission of…”
Hamilton v. State, 59 P.3d 760 (Alaska Ct. App. 2002). “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 12.25.180(a) (a police officer who stops or contacts a person for committing a misdemeanor may either arrest them or issue them a citation, at the…”
McGuire v. State, 425 P.3d 203 (Alaska Ct. App. 2018). “…to expand the scope of the pat-down beyond this limit in an effort to discover evidence of a crime. Ibid. " 11 See AS 12.25.180(a).”
— Alaska Stat. § 12.25.180(b) — 1 case
Chase v. State, 243 P.3d 1014 (Alaska Ct. App. 2010). “030(a) and AS 12.25.180(b), police officers have the authority to arrest or issue a citation to any person who commits an offense in their presence.”
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