Title 12 — Code of Criminal Procedure
26 chapters · 362 sections in this title.
AS 12.30.031 Temporary release.
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(a) A person, either before trial or after conviction, who is detained under this chapter may be released temporarily if (1) the person is being held in connection with a misdemeanor or class B or C felony; (2) the release is requested because of the (A) death of an immediate fam…
AS 12.30.035 Release pending appeal by state.
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If the state appeals an order dismissing an indictment, information, or complaint, or granting a new trial after verdict or judgment, the court shall treat the defendant in accordance with the provisions governing pretrial release under this chapter.
AS 12.30.040 Release before sentence; release after conviction.
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(a) Except as provided in (b) of this section, a person who has been convicted of an offense and is awaiting sentence or who has filed an appeal may be released under the provisions of this chapter if the person establishes, by clear and convincing evidence, that the person can b…
AS 12.30.050 Release of material witnesses.
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(a) If the prosecution or defense establishes by affidavit or other evidence that the testimony of a person is material in a criminal proceeding, and that it may be impracticable to secure the presence of the person by subpoena, a judicial officer may order the arrest of the pers…
AS 12.30.055 Persons appearing on petition to revoke.
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(a) A person who is in custody in connection with a petition to revoke probation for a felony crime against a person under AS 11.41 does not have a right to be released under this chapter. A judicial officer may, however, release the person under the provisions of this chapter, i…
AS 12.30.060 Penalties for failure to appear. [Repealed, § 30 ch 19 SLA 2010.]
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[Repealed or reserved.]
AS 12.30.070 Contempt.
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Nothing in this chapter shall prevent a court from exercising its power to punish for contempt.
AS 12.30.075 Forfeited cash and other securities.
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(a) Cash or other security posted by a person under AS 12.30.011 that would otherwise be forfeited shall be held by the court in trust for the benefit of the victim if, within 30 days after an order of the court establishing a failure to appear or a violation of conditions of rel…
AS 12.30.078 Conviction occurrence.
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In this chapter, a conviction occurs at the time the person is found guilty, either by plea or verdict, of the offense.
AS 12.30.080 Definitions.
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In this chapter, (1) “crime involving domestic violence” has the meaning given in AS 18.66.990; (2) “judicial officer” means a person authorized to release a person pending trial, sentencing, or pending appeal; (3) “knowingly” has the meaning given in AS 11.81.900; (4) “offense” …
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…
AS 12.36.010 Property disposition.
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When property not belonging to a law enforcement agency comes into the custody of the agency, the property shall be disposed of in accordance with this chapter.
AS 12.36.020 Return of property.
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(a) A law enforcement agency may (1) not return property in its custody to the owner or the agent of the owner, except as provided in AS 12.36.200, if (A) the property is in custody in connection with a children's court proceeding, a criminal proceeding, or an official investigat…
AS 12.36.030 Disposal of unclaimed property used as evidence.
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(a) Unless the property is a firearm, ammunition, or a firearm part subject to AS 18.65.340, if property that is used as evidence in a criminal proceeding or a children's court proceeding, including wrongfully taken or damaged property, is not claimed by the owner within one year…
AS 12.36.040 Disposal of property when owner unknown; exceptions.
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(a) When the owner of property is unknown and the property comes into the possession of a law enforcement agency as suspected evidence of a crime but is not used in a criminal proceeding or a children's court proceeding, or when the property comes into the possession of a law enf…
AS 12.36.045 When finder of property is considered the owner.
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(a) When a private individual obtains property of another that is lost, mislaid, or delivered to the individual by mistake, the individual delivers that property to a law enforcement agency, and the true owner of the property remains unknown for a period of one year or does not c…
AS 12.36.050 Remission of forfeited property.
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(a) A claimant seeking remission of the claimant's interest in a weapon ordered forfeited under AS 12.55.015(a)(9) shall prove to the court by a preponderance of evidence that the claimant (1) has a valid interest in the weapon, acquired in good faith; (2) did not knowingly parti…
AS 12.36.060 Disposal of forfeited deadly weapons.
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(a) A deadly weapon, other than a firearm or ammunition, forfeited to the state under AS 12.55.015(a)(9), unless remitted under AS 12.36.050, shall be disposed of by the commissioner of public safety under this section. Under this subsection, the commissioner of public safety (1)…
AS 12.36.070 Return of property by hearing.
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(a) A crime victim who is the owner of property not belonging to a law enforcement agency that is in the custody of the agency under this chapter may request that the office of victims' rights request that the agency return the property to the crime victim. The request under this…
AS 12.36.090 Definitions.
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Article 2. Preservation of Evidence. In AS 12.36.010 — 12.36.090, (1) “final disposition of a case” means the time when all appeals have been exhausted or the time when all appeals that could have been taken has expired; (2) “law enforcement agency” means a public agency that per…
AS 12.36.200 Preservation of evidence.
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(a) Notwithstanding AS 12.36.010 — 12.36.090, the Department of Law, the Department of Public Safety, the Alaska Court System, or a municipal law enforcement agency shall preserve (1) all evidence that is obtained in relation to an investigation or prosecution of a crime under AS…
AS 12.37.010 Authorization to intercept communications.
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The attorney general, or a person designated in writing or by law to act for the attorney general, may authorize, in writing, an ex parte application to a court of competent jurisdiction for an order authorizing the interception of a private communication if the interception may …
AS 12.37.020 Application for order authorizing a communication interception.
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(a) An application for an order authorizing the interception of a private communication shall be made in writing upon oath or affirmation and must state (1) the authority of the applicant to make the application; (2) the identity of the peace officer for whom the authority to int…
AS 12.37.030 Requirements for an order authorizing a communications interception.
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(a) Upon consideration of an application, the court may enter an ex parte order authorizing the interception of a private communication if the court determines, on the basis of the application, that (1) there is probable cause to believe that the person whose communication is to …
AS 12.37.040 Contents of order authorizing a communications interception; limitations on disclosure.
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(a) An order entered under AS 12.37.030 must state (1) that the court is authorized to enter the order; (2) if known, the identity of, or a particular description of, the person whose communications are to be intercepted; (3) the character and location of the particular communica…
AS 12.37.050 Privileged communications.
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An otherwise privileged communication intercepted in accordance with, or in violation of, the provisions of AS 12.37.010 — 12.37.130 does not lose its privileged character by reason of the interception.
AS 12.37.060 Collateral authority of court; interpretation of AS 12.37.010 — 12.37.130.
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(a) Notwithstanding any other provision of AS 12.37.010 — 12.37.130, a court to which an application is made for an order authorizing the interception of a private communication may take the evidence, make the findings, or issue the other orders necessary to conform the proceedin…
AS 12.37.070 Records and recordings and custody of them.
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(a) A communication intercepted under AS 12.37.010 — 12.37.130 shall, if practicable, be recorded by tape or wire or other comparable method. The recording shall, if practicable, be done in a way that will protect it from editing or other alteration. During an interception, the p…
AS 12.37.080 Custody of applications and orders; penalty for disclosure.
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(a) Except for a copy that may be retained for use by the applicant, all applications made and orders entered under AS 12.37.010 — 12.37.130 for the interception of private communications shall be sealed by the court and maintained as the court directs. The applications and order…
AS 12.37.090 Notice of interception and disclosure.
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(a) Within a reasonable period of time, but no later than 90 days following the expiration of the authorized interception period specified in an order entered under AS 12.37.030 or, if an extension order has been entered, upon expiration of the authorized interception period spec…
AS 12.37.100 Approval for unanticipated interception.
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If, while intercepting a private communication under the provisions of AS 12.37.010 — 12.37.130, a peace officer intercepts a communication that relates to a felony offense other than one specified in the order of authorization, the attorney general, or a person designated in wri…
AS 12.37.110 Use of intercepted communication.
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An intercepted private communication, and evidence derived from it, may not be received in evidence or otherwise disclosed in an official proceeding unless each party to the communication who is a party in the official proceeding was furnished, at least 10 days before the proceed…
AS 12.37.120 Suppression of unlawful interceptions.
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(a) A motion to suppress the contents of an intercepted private communication, or evidence derived from it, may be filed in a proceeding on the ground that the (1) interception was unlawful; (2) order of authorization under which the communication was intercepted is insufficient …
AS 12.37.130 Required reports.
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Article 2. Pen Registers and Trap Devices. (a) Within 30 days after the expiration of the authorized interception period specified in an order entered under AS 12.37.030 or, if an extension order has been entered, upon expiration of the authorized interception period specified in…
AS 12.37.200 Authorization to use pen registers and trap devices.
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Article 3. Communications in Electronic Storage. Upon application by a peace officer made in conformity with any provision of federal law authorizing such an application, a court may issue an order authorizing or concerning the use of a pen register or a trap device as permitted …
AS 12.37.300 Authorization for access to and use of communications in electronic storage.
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Article 4. Police Use of Body Wires. Upon application by a peace officer made in conformity with any provision of federal law authorizing such an application, a court may issue an order authorizing or concerning access to and disclosure or use of communications in electronic stor…
AS 12.37.400 Police use of body wire.
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Article 5. General Provisions. (a) A peace officer may intercept an oral communication by use of an electronic, mechanical, or other eavesdropping device that is concealed on or carried on the person of the peace officer and that transmits that oral communication by means of radi…
AS 12.37.900 Definitions.
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In this chapter, (1) “communications common carrier” has the meaning given in AS 42.20.390; (2) “contents” has the meaning given in AS 42.20.390; (3) “court” means superior court, except that in AS 12.37.200 it means either superior or district court; (4) “electronic communicatio…
AS 12.40.010 Qualifications and manner of drawing grand jurors.
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Grand jurors shall have the qualifications and be drawn as are trial jurors under AS 09.20.010 — 09.20.080.
AS 12.40.020 Number of jurors.
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[Repealed or reserved.]