Alaska Statutes
Alaska Stat. § 12.35.040 (2026)
Authority of officer executing warrant
✓ current as of July 2026
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Sec. 12.35.040. Authority of officer executing warrant.
In the execution or service of a search warrant, the officer has the same power and authority in all respects to break open any door or window, to use the necessary and proper means to overcome forcible resistance made to the officer, or to call any other person to the officer's aid as the officer has in the execution or service of a warrant of arrest.
In the execution or service of a search warrant, the officer has the same power and authority in all respects to break open any door or window, to use the necessary and proper means to overcome forcible resistance made to the officer, or to call any other person to the officer's aid as the officer has in the execution or service of a warrant of arrest.
Notes of Decisions
Cited in 12
cases, 1974–1999 · leading case: State v. Attaway, 870 P.2d 103 (N.M. 1994).
State v. Attaway, 870 P.2d 103 (N.M. 1994). “Code § 15-5-9 (1982); Alaska Stat. § 12.35.040 (1990); Ariz. Rev.”
Lockwood v. State, 591 P.2d 969 (Alaska 1979). “100 and AS 12.35.040, which operate jointly to establish the procedure required for the lawful execution of a search warrant.”
Walker v. State, 652 P.2d 88 (Alaska 1982). “16 In this appeal, Walker renews his challenge to the constitutionality of former AS 12.35.040(b), again on equal protection grounds.”
Jurco v. State, 825 P.2d 909 (Alaska Ct. App. 1992). “420 is also consonant with AS 12.35.040, governing the authority of police officers executing a search warrant.”
Bohanan v. State, 992 P.2d 596 (Alaska Ct. App. 1999). “” And AS 12.35.040 declares that an officer “has the same power and authority .”
Wallace v. State, 933 P.2d 1157 (Alaska Ct. App. 1997). “Judge Rowland’s observation is supported by AS 12.35.040, which provides that an officer executing a warrant has the power and authority “to call any other person to the officer’s aid.”
State v. Johnson, 716 P.2d 1006 (Alaska Ct. App. 1986). “100; AS 12.35.040. We conclude that only those who are present at the time of the entry may complain of a violation of these statutes.”
Fleener v. State, 686 P.2d 730 (Alaska Ct. App. 1984). “AS 12.35.040 provides: Authority of officer executing warrant.”
Davis v. State, 525 P.2d 541 (Alaska 1974). “AS 12.35.040 provides that: “In the execution or service of a search warrant, the officer has the same power and authority in all respects to break open any door .”
Sandland v. State, 636 P.2d 1196 (Alaska Ct. App. 1981). “AS 12.35.040 provides: Authority of officer executing warrant.”
United States v. Reed, 810 F. Supp. 1078 (D. Alaska 1992). “100 (arrest warrant) and AS 12.35.040 (search warrant). Davis v. State, 525 P.”
Hudson v. State, 792 P.2d 290 (Alaska Ct. App. 1990). “100 and AS 12.35.040. We therefore have jurisdiction over this appeal.”
— Alaska Stat. § 12.35.040(b) — 1 case
Walker v. State, 652 P.2d 88 (Alaska 1982). “16 In this appeal, Walker renews his challenge to the constitutionality of former AS 12.35.040(b), again on equal protection grounds.”
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