Alaska Statutes
Alaska Stat. § 12.35.070 (2026)
Search of defendant in presence of judge or magistrate
✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Sec. 12.35.070. Search of defendant in presence of judge or magistrate.
When a person charged with a crime is believed by the judge or magistrate before whom that person is brought to have on the person a dangerous weapon, or anything that may be used as evidence of the commission of the crime, the judge or magistrate may direct the accused to be searched in the presence of the judge or magistrate, and the weapon or other thing be retained subject to the order of the judge or magistrate or the order of the court in which the defendant may be tried.
When a person charged with a crime is believed by the judge or magistrate before whom that person is brought to have on the person a dangerous weapon, or anything that may be used as evidence of the commission of the crime, the judge or magistrate may direct the accused to be searched in the presence of the judge or magistrate, and the weapon or other thing be retained subject to the order of the judge or magistrate or the order of the court in which the defendant may be tried.
Notes of Decisions
Cited in 1
case, 1971–1971 · leading case: McCoy v. State, 491 P.2d 127 (Alaska 1971).
McCoy v. State, 491 P.2d 127 (Alaska 1971). “See AS 12.35.070. [10] Given the smallness of the packet and other revelant facts in this record, I think it unlikely that the police would have been successful in obtaining a search warrant for the interior of the packet.”
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