Alaska Statutes
Alaska Stat. § 12.35.020 (2026)
Grounds for issuance
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Sec. 12.35.020. Grounds for issuance.
A search warrant may be issued if the judicial officer reasonably believes any of the following:
(1) that the property was stolen or embezzled;
(2) that the property was used as a means of committing a crime;
(3) that the property is in the possession of a person who intends to use it as the means of committing a crime, or in possession of another to whom the person may have delivered it for the purpose of concealing it or preventing its being discovered;
(4) that the property constitutes evidence of a particular crime or tends to show that a certain person has committed a particular crime;
(5) that either reasonable legislative or administrative standards for conducting a routine or area inspection with regard to air pollution are satisfied with respect to the particular place, dwelling, structure, premises, or vehicle, or there is reason to believe that a condition of nonconformity exists with respect to the particular place, dwelling, structure, premises, or vehicle.
A search warrant may be issued if the judicial officer reasonably believes any of the following:
(1) that the property was stolen or embezzled;
(2) that the property was used as a means of committing a crime;
(3) that the property is in the possession of a person who intends to use it as the means of committing a crime, or in possession of another to whom the person may have delivered it for the purpose of concealing it or preventing its being discovered;
(4) that the property constitutes evidence of a particular crime or tends to show that a certain person has committed a particular crime;
(5) that either reasonable legislative or administrative standards for conducting a routine or area inspection with regard to air pollution are satisfied with respect to the particular place, dwelling, structure, premises, or vehicle, or there is reason to believe that a condition of nonconformity exists with respect to the particular place, dwelling, structure, premises, or vehicle.
Notes of Decisions
Cited in 7
cases, 1980–2016 · leading case: Johnson v. State, 617 P.2d 1117 (Alaska 1980).
Johnson v. State, 617 P.2d 1117 (Alaska 1980). “[11] They are not precluded by the statutory authority of AS 12.35.020(3) which requires only reasonable belief of possession of the item for issuance of the warrant, without specifying that possession must be contemporaneous with the issuance, as distinct from the execution, of…”
State v. Crocker, 97 P.3d 93 (Alaska Ct. App. 2004). “Under AS 12.35.020, a judicial officer is empowered to issue a warrant authorizing the police to enter a premises and search for specified property if the government's warrant application establishes probable cause to believe: that the property was stolen or embezzled, or that…”
Pena v. State, 664 P.2d 169 (Alaska Ct. App. 1983). “032(a) is fundamentally inconsistent with the provisions authorizing issuance of search warrants for evidence of crime that are contained in AS 12.35.020. Both statutory provisions can be given full effect by reading AS 28.”
State v. Intercontinental, Ltd., 486 A.2d 174 (Md. 1985). “Stat. § 803-32 (1976); Ill.Ann.Stat. ch. 38, § 108-3 (Smith-Hurd 1980); Ind.”
State v. Evans, 378 P.3d 413 (Alaska Ct. App. 2016). “082(a) and the court's separate authority to issue search warrants for evidence of a crime under AS 12.35.020. 35 As Chief Judge Alex Bryner explained, "Both statutory provisions can be given full effect by reading AS 28,85.”
State v. Euteneier, 31 P.3d 111 (Alaska Ct. App. 2001). “Relying on the language of AS 12.35.020(4), Euteneier asserted that search warrants can only be issued to investigate "crimes" not "violations.”
Braund v. State, 12 P.3d 187 (Alaska Ct. App. 2000). “See AS 12.35.020(c)-(d) and Alaska Criminal Rule 37(b).”
— Alaska Stat. § 12.35.020(3) — 1 case
Johnson v. State, 617 P.2d 1117 (Alaska 1980). “[11] They are not precluded by the statutory authority of AS 12.35.020(3) which requires only reasonable belief of possession of the item for issuance of the warrant, without specifying that possession must be contemporaneous with the issuance, as distinct from the execution, of…”
— Alaska Stat. § 12.35.020(4) — 2 cases
State v. Euteneier, 31 P.3d 111 (Alaska Ct. App. 2001). “Relying on the language of AS 12.35.020(4), Euteneier asserted that search warrants can only be issued to investigate "crimes" not "violations.”
Pena v. State, 664 P.2d 169 (Alaska Ct. App. 1983). “032(a) is fundamentally inconsistent with the provisions authorizing issuance of search warrants for evidence of crime that are contained in AS 12.35.020. Both statutory provisions can be given full effect by reading AS 28.”
— Alaska Stat. § 12.35.020(c) — 1 case
Braund v. State, 12 P.3d 187 (Alaska Ct. App. 2000). “See AS 12.35.020(c)-(d) and Alaska Criminal Rule 37(b).”
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