Alaska Statutes
Alaska Stat. § 33.05.070 (2026)
Arrest of probationer
✓ current as of July 2026
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Sec. 33.05.070. Arrest of probationer.
(a) At any time within the probation period, the probation officer may for cause arrest the probationer whenever found, without a warrant. At any time within the probation period, or within the maximum probation period permitted by AS 12.55.080 and 12.55.090, the court for the district in which the probationer is being supervised or, if the probationer is no longer under supervision, the court for the district in which the probationer was last under supervision may issue a warrant for the probationer's arrest for violation of probation occurring during the probation period. The warrant may be executed in any district by the probation officer or any peace officer in the district in which the warrant was issued or of any district in which the probationer is found. If the probationer is arrested in any district other than that in which the probationer was last supervised, the probationer shall be returned to the district in which the warrant was issued, unless jurisdiction over the probationer is transferred as above provided to the district in which the probationer is found, and in that case the probationer shall be detained pending further proceedings in that district.
(b) As speedily as possible after arrest, the probationer shall be taken before the court for the district having jurisdiction over the probationer. Except as provided in AS 12.55.090(f), the court may revoke the probation and require the probationer to serve the sentence imposed or any lesser sentence and, if imposition of sentence was suspended, may impose any sentence that might originally have been imposed, subject to the limitation specified in AS 12.55.086(c).
(c) At any time within the probation period, a police officer certified by the Alaska Police Standards Council may detain a probationer if the police officer has reasonable suspicion that the probationer has recently violated or may imminently violate a probation condition relating to one of the topics set out in (d) of this section. The police officer may also arrest the probationer without a warrant if the police officer has probable cause to believe that the probationer has violated a probation condition relating to one of the topics set out in (d) of this section.
(d) The conditions that permit a police officer to detain or arrest a probationer or parolee without a warrant under AS 33.16.240 and (c) of this section are those conditions imposed by the court, or the parole board, relating to
(1) geographic limitations on the probationer's movements;
(2) possessing or consuming controlled substances under state or federal law;
(3) possessing firearms;
(4) possessing or consuming alcoholic beverages, or being in a place where they are sold or served;
(5) operating or driving a motor vehicle; or
(6) other conduct that creates an imminent public danger or threatens serious harm to persons or property.
(a) At any time within the probation period, the probation officer may for cause arrest the probationer whenever found, without a warrant. At any time within the probation period, or within the maximum probation period permitted by AS 12.55.080 and 12.55.090, the court for the district in which the probationer is being supervised or, if the probationer is no longer under supervision, the court for the district in which the probationer was last under supervision may issue a warrant for the probationer's arrest for violation of probation occurring during the probation period. The warrant may be executed in any district by the probation officer or any peace officer in the district in which the warrant was issued or of any district in which the probationer is found. If the probationer is arrested in any district other than that in which the probationer was last supervised, the probationer shall be returned to the district in which the warrant was issued, unless jurisdiction over the probationer is transferred as above provided to the district in which the probationer is found, and in that case the probationer shall be detained pending further proceedings in that district.
(b) As speedily as possible after arrest, the probationer shall be taken before the court for the district having jurisdiction over the probationer. Except as provided in AS 12.55.090(f), the court may revoke the probation and require the probationer to serve the sentence imposed or any lesser sentence and, if imposition of sentence was suspended, may impose any sentence that might originally have been imposed, subject to the limitation specified in AS 12.55.086(c).
(c) At any time within the probation period, a police officer certified by the Alaska Police Standards Council may detain a probationer if the police officer has reasonable suspicion that the probationer has recently violated or may imminently violate a probation condition relating to one of the topics set out in (d) of this section. The police officer may also arrest the probationer without a warrant if the police officer has probable cause to believe that the probationer has violated a probation condition relating to one of the topics set out in (d) of this section.
(d) The conditions that permit a police officer to detain or arrest a probationer or parolee without a warrant under AS 33.16.240 and (c) of this section are those conditions imposed by the court, or the parole board, relating to
(1) geographic limitations on the probationer's movements;
(2) possessing or consuming controlled substances under state or federal law;
(3) possessing firearms;
(4) possessing or consuming alcoholic beverages, or being in a place where they are sold or served;
(5) operating or driving a motor vehicle; or
(6) other conduct that creates an imminent public danger or threatens serious harm to persons or property.
Notes of Decisions
Cited in 8
cases, 1981–2020 · leading case: Jackson v. State, 926 P.2d 1180 (Alaska Ct. App. 1996).
Jackson v. State, 926 P.2d 1180 (Alaska Ct. App. 1996). “Jackson’s argument is premised on the second sentence of AS 33.05.070, the statute that authorizes the superior court to issue a warrant for the arrest of a probationer: At any time within the probation period, or within the maximum probation period permitted by AS 12.”
Nelson v. State, 617 P.2d 502 (Alaska 1981). “Nelson, by operation of law, would have been eligible for parole after serving one-third of the five year period of confinement. AS 33.15.080; AS 33.”
State of Alaska v. Falealo Manuele Pulusila, 467 P.3d 211 (Alaska 2020). “16 See AS 33.05.070(a) (allowing probation officer to arrest probationer for cause without warrant); AS 33.”
Anderson v. State, 145 P.3d 617 (Alaska Ct. App. 2006). “085(b) & AS 33.05.070(b). 4 . AS 12.55.090(b) & (c); O'Shea v.”
Tritt v. State, 625 P.2d 882 (Alaska Ct. App. 1981). “The precise question presented is whether an increase in sentence occurs when, upon revocation of probation, an originally suspended term is imposed consecutively to a sentence imposed for an offense occurring in the interim between suspension of the original sentence and its…”
Galaktionoff v. State, 733 P.2d 628 (Alaska Ct. App. 1987). “Thus, it comes as no surprise that AS 33.05.070 is virtually identical to 18 U.”
Brown v. State, 127 P.3d 837 (Alaska Ct. App. 2006). “See AS 33.05.070(a). While Davies was following the cab, he used his cell phone to contact the Fairbanks Police Department and request their help in stopping the cab.”
George v. State, 307 P.3d 4 (Alaska Ct. App. 2013). “AS 33.05.070(). . Valencia, 91 P.3d at 984 .”
— Alaska Stat. § 33.05.070(a) — 2 cases
State of Alaska v. Falealo Manuele Pulusila, 467 P.3d 211 (Alaska 2020). “16 See AS 33.05.070(a) (allowing probation officer to arrest probationer for cause without warrant); AS 33.”
Brown v. State, 127 P.3d 837 (Alaska Ct. App. 2006). “See AS 33.05.070(a). While Davies was following the cab, he used his cell phone to contact the Fairbanks Police Department and request their help in stopping the cab.”
— Alaska Stat. § 33.05.070(b) — 4 cases
Nelson v. State, 617 P.2d 502 (Alaska 1981). “Nelson, by operation of law, would have been eligible for parole after serving one-third of the five year period of confinement. AS 33.15.080; AS 33.”
State of Alaska v. Falealo Manuele Pulusila, 467 P.3d 211 (Alaska 2020). “16 See AS 33.05.070(a) (allowing probation officer to arrest probationer for cause without warrant); AS 33.”
Anderson v. State, 145 P.3d 617 (Alaska Ct. App. 2006). “085(b) & AS 33.05.070(b). 4 . AS 12.55.090(b) & (c); O'Shea v.”
Tritt v. State, 625 P.2d 882 (Alaska Ct. App. 1981). “The precise question presented is whether an increase in sentence occurs when, upon revocation of probation, an originally suspended term is imposed consecutively to a sentence imposed for an offense occurring in the interim between suspension of the original sentence and its…”
— Alaska Stat. § 33.05.070(c) — 1 case
State of Alaska v. Falealo Manuele Pulusila, 467 P.3d 211 (Alaska 2020). “16 See AS 33.05.070(a) (allowing probation officer to arrest probationer for cause without warrant); AS 33.”
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