Title 12 — Code of Criminal Procedure
26 chapters · 362 sections in this title.
AS 12.35.010 Issuance of search warrant; extraterritorial jurisdiction.
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(a) A judicial officer may issue a search warrant upon a showing of probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the thing to be seized. The court may issue a search warrant for a place or property located either in th…
AS 12.35.015 Issuance of search warrant upon testimony communicated by telephone or other means.
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(a) A judicial officer may issue a search warrant upon the sworn oral testimony of a person communicated by telephone or other appropriate means, or sworn affidavit transmitted by facsimile machine. (b) A judicial officer shall place under oath each person whose oral testimony fo…
AS 12.35.020 Grounds for issuance.
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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 u…
AS 12.35.025 Seizure of property.
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(a) Property described in AS 12.35.020 may be taken on a warrant from (1) a house or other place in which it is concealed or may be found; (2) the possession of the person by whom it was stolen, embezzled, or used in the commission of a crime; (3) a person who is in possession of…
AS 12.35.030 Showing of probable cause. [Repealed, § 16 ch 69 SLA 1970.]
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[Repealed or reserved.]
AS 12.35.040 Authority of officer executing warrant.
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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 …
AS 12.35.050 Disposition of property taken. [Repealed, § 42 ch 143 SLA 1982. For present provisions, see AS 12.36.]
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For present provisions, see AS 12.36. For present provisions, see AS 12.36.
AS 12.35.060 Malicious procurement of search warrant.
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A person who maliciously and without probable cause causes a search warrant to be issued and executed is guilty of a misdemeanor.
AS 12.35.070 Search of defendant in presence of judge or magistrate.
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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 sea…
AS 12.35.080 Secs. 12.35.080 — 12.35.110. Disposition of stolen property. [Repealed, § 42 ch 143 SLA 1982. For present provisions, see AS 12.36.]
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For present provisions, see AS 12.36. For present provisions, see AS 12.36.
AS 12.35.120 Definition of search warrant.
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A search warrant is an order in writing, signed by a judge or magistrate or signed at the direction of a judicial officer in accordance with AS 12.35.015, directed to a peace officer, commanding the peace officer to search for personal property and bring it before the judge or ma…