Alaska Statutes
Alaska Stat. § 16.05.180 (2026)
Power to search without warrant
✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Sec. 16.05.180. Power to search without warrant.
Each peace officer designated in AS 16.05.150 may without a warrant search any thing or place if the search is reasonable or is not protected from searches and seizures without warrant within the meaning of art. I, § 14, Alaska State Constitution, which specifically enumerates “persons, houses and other property, papers and effects.” However, before a search without warrant is made a signed written statement by the person making the search shall be submitted to the person in control of the property or object to be searched, stating the reason the search is being conducted. A written receipt shall be given by the person conducting the search for property which is taken as a result of the search. The enumeration of specific things does not limit the meaning of words of a general nature.
Each peace officer designated in AS 16.05.150 may without a warrant search any thing or place if the search is reasonable or is not protected from searches and seizures without warrant within the meaning of art. I, § 14, Alaska State Constitution, which specifically enumerates “persons, houses and other property, papers and effects.” However, before a search without warrant is made a signed written statement by the person making the search shall be submitted to the person in control of the property or object to be searched, stating the reason the search is being conducted. A written receipt shall be given by the person conducting the search for property which is taken as a result of the search. The enumeration of specific things does not limit the meaning of words of a general nature.
Notes of Decisions
Cited in 5
cases, 1970–1997 · leading case: Dye v. State, 650 P.2d 418 (Alaska Ct. App. 1982).
Dye v. State, 650 P.2d 418 (Alaska Ct. App. 1982). “Pursuant to Alaska Rule of Evidence 412, 2 the appellants moved to suppress Dunaway’s testimony and argued that Dunaway’s observations constituted a search rendered illegal by noncompliance with AS 16.05.180. 3 The state conceded be *420 low and concedes here that Dunaway did…”
Nathanson v. State, 554 P.2d 456 (Alaska 1976). “Neither of the warrantless searches and seizures were preceded by notice to Na-thanson, as is required in certain fish and game cases under AS 16.05.180. Before, the trial commenced, Nathanson presented a number of pretrial motions concerning the seizure.”
Klockenbrink v. State, 472 P.2d 958 (Alaska 1970). “First, they contend that the trial court erroneously permitted the installing of an improperly selected jury; second, that the court had improperly ruled that no illegal search incident to the arrest had been made in violation of AS 16.05.180; third, that the procedure used to…”
Wamser v. State, 600 P.2d 1359 (Alaska 1979). “In this appeal Wamser challenges the introduction of certain evidence at his trial on the ground that such evidence was obtained in violation of AS 16.05.180. 1 We hold that the evidence was properly admitted and affirm his conviction.”
MacKelwich v. State, 950 P.2d 152 (Alaska Ct. App. 1997). “This appeal requires us to interpret AS 16.05.180, a statute that empowers peace officers and other authorized employees of the Department of Fish and Game to engage in warrantless searches when investigating violations of the fish and game laws.”
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