What Are the Key Differences Between Aggravated Robbery and Aggravated Burglary?
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What is Considered an Arrest in Alaska?
In Alaska, Title 12 of the code of criminal procedure generally indicates that arrest refers to taking a person into custody so they can answer for the commission of a crime. Officers of the law may act following directions from a judicial officer or when they witness a crime in progress. Citizens may also be arrested if they witness another person committing a crime.
They may also request assistance from a police officer instead of physically subduing the offender. However, Alaska statutes do not indicate how much assistance may be given before the citizen's arrest becomes a warrantless police arrest. Following an arrest, the accused typically goes through the following processes.
Custody and Control
When one is arrested and consequently held for the time being as charges are drawn up, their freedom generally is deprived, but they get to exercise constitutional rights. That includes the Eighth Amendment, which protects against cruel and unusual punishment. However, custodial interrogation may be used as part of a criminal investigation.
Legal Authority
Law enforcement officers within the state of Alaska are generally granted a legal mandate to arrest individuals following the issuing of an arrest warrant. Warrants refer to an order to apprehend an individual following a complaint of their actions. This warrant is typically to be served during arrest, and the person is presented to a magistrate or judge. Arrests may also occur without a warrant as the officer has the authority to detain a person committing a crime in their presence or who is a danger to themselves and others.
Miranda Rights
Miranda warnings are rights provided to persons accused of committing a criminal act during or following an arrest. Typically, police officers are not required to give Miranda warnings during interactions unless the situation escalates into full-blown custody. If the police officer does not issue these rights, the statements taken during custodial interrogations may not be admissible. That said, it does not mean the case will be dismissed.
Restraint and Transport
During apprehension, an officer may use reasonable force to detain the suspect. If the suspect does not comply, the officer may use the force required to take them into custody. Law enforcement typically will also organize transportation to the department or the sheriff's office for processing and booking.
Booking Process
Upon arrival at the police department or the sheriff's office, the accused is generally processed. Their details and attributes are recorded. Their mugshot is taken, and the suspect goes through medical screening. Personal items are confiscated, and the accused is given uniforms to use during their stay at the jail before they are taken for arraignment or a hearing.
Arrests may be implemented following the commission of criminal offenses when a warrant is issued, but they may also happen in other scenarios. If the person has committed a crime and the officer has probable cause to believe an offense has occurred, they may still be arrested.
Traffic violations, public order offenses, and civil offenses can typically be committed without a warrant. The same goes for juvenile offenses and violations of court orders. Due to their nature, arrests are generally distinguished from detention. While arrests entail being taken into custody to answer for a crime, detention refers to a temporary loss of freedom, during which time an individual may be interrogated by the police.
What is Unlawful Arrest in Alaska?
Unlawful arrest generally occurs when a citizen is apprehended for a reason or in a manner that goes against the constitutional stipulations at the state or federal level. There are various ways this may occur in Alaska.
Lack of Probable Cause
When a police officer arrests a person on a whim, meaning there is no evidence or probable cause to show that they engaged in a criminal offense, it is an unlawful arrest. The law enforcement officer generally must either have cause or a warrant for them to arrest an individual.
Violation of Constitutional Rights
Violations of unconstitutional rights typically occur when the officer uses unnecessary force to detain a person, causing physical injury or even death. Similarly, conducting a search and seizure without a warrant is against the Fourth Amendment. If a police officer does not consider the statute, evidence submitted against the accused may not be admissible in court.
Arrest Without a Warrant
Arrests without a warrant generally are only permitted when the officer has probable cause to show that the person committed a crime. Likewise, it may be the case if the person commits the offense in front of the officer or engages in acts that are harmful to themselves or others. It is typically unconstitutional to arrest a person who does not fall into these categories.
Mistaken Identity
Mistaken identity may occur when a police officer accidentally takes the wrong person into custody because they fit the description of the accused. In these scenarios, it is unconstitutional to continue holding the person, and they generally must be released immediately.
Racial Profiling and Discrimination
Racial profiling generally occurs when a police officer arrests a person based on their skin color. They may also arrest individuals because they belong to a particular fringe group, believing they are engaging in suspicious activities. These incidents are typically considered hate crimes and may result in the prosecution of the officers involved.
Arrest outside Jurisdiction
According to Criminal procedure statutes, arrest warrants may be served anywhere within the state. That means arrests outside the state are not done by state personnel. Federal personnel or assigned bounty hunters may execute an arrest and take the individual to the appropriate authorities.
The tort of false imprisonment typically protects a person's right to be free from unlawful detainment. Though Alaska statutes do not precisely determine who has the burden of proof that an arrest was lawful, an allegation followed by damage is generally sufficient to bring a case.
If a police officer is found to have unlawfully arrested a person, they may be subject to internal disciplinary measures. Officers may also be hit with civil rights lawsuits, especially if the detainment was based on racial discrimination. Depending on the extent of the unconstitutional arrest, law enforcement officers may also be subject to criminal prosecution.
Are Arrest Records Public in Alaska?
According to Alaska Statute, 12.62.160, any individual typically can receive criminal justice information within the state. That means any interested party may view arrest records. The code generally authorizes additional information access to employers and licensing agencies if they are screening employers to work roles that entail the care of dependent adults or children. The administrative code also defines the procedures for accessing the data.
The arrest records in Alaska may contain the following information.
- Personal details, including name, address, height, weight, age, race, and gender
- Date and time of the arrest
- Names of the arresting officer
- Law enforcement agency
- Charges included for the alleged offense
- Case numbers and mugshots
Although arrest records are typically available to all requesters within the state, some information may be restricted from public view. Records concerning ongoing criminal investigations or juveniles are generally not open to the public, and the same goes for records containing information pertinent to state security.
What are the Types of Arrest Records in Alaska?
Arrest records are maintained at the state and local levels in Alaska. At the local level, police departments handle most criminal justice interactions. These are typically recorded in the incident and arrest reports when a person has been booked. Arrest records are also available at the state level, though they are typically issued as part of the person's criminal background. Arrest records at this level may be harder to access, considering the likelihood of potentially confidential information.
Where are Arrest Records Kept in Alaska?
In Alaska, the following groups maintain local, state, and federal arrest records.
Local police departments or the Sheriff's Office
Both the police department and the sheriff's offices maintain arrest records at the local level. In Alaska, these documents are generally available to all parties, with the provision that there are no confidentiality issues with the information.
Alaska Department of Public Safety - Criminal Records and Identification (R&I) Bureau
Parties may also access arrest records from the Alaska Department of Public Safety, the main state mechanism for criminal records. The Records and Identification Bureau maintains criminal history details, typically allowing requesters and institutions to perform background checks. Personal criminal checks are generally provided by submitting one's fingerprints.
How To Find Public Arrest Records in Alaska?
Interested parties may access arrest records in Alaska through the following platforms:
Requesting Records from the Local Police Agencies and Sheriff's Offices
Every local police department and sheriff's office has a unique means of records release. So, it would be advisable to contact their offices in advance and ask for the appropriate method of getting arrest records. Parties may have to fill out a downloaded form and submit it in person or via mail. The requester's government-issued photo ID, name, and address would also have to be submitted along with the required fee.
Alaska Department of Public Safety - Criminal Records and Identification (R&I) Bureau
Criminal records may be accessed by submitting a request to the Criminal Records and Identification Bureau based on a name search. Background checks are also implemented based on positive fingerprint identification. Name-based searches may not retrieve criminal history if it is filed under an alias or another name that was not searched. The fee for a background check is $20, while a fingerprint search is $35.
How Long Do Arrests Stay on the Record in Alaska?
Alaska does not have specific expungement regulations. A person who was acquitted or dismissed charges may get their records sealed. According to Alaska statutes 22.35.030, sealing of records typically applies to mistaken identity or false accusation if it is proven beyond a reasonable doubt. Except for possession of marijuana, the state does not make a provision for sealing or expunging a conviction. Hence, criminal records cannot be expunged for other convictions.
How To Seal or Expunge an Arrest Record in Alaska?
All parties seeking to seal a criminal record in Alaska may complete the Request to Seal a Criminal Justice Information form. Requesters are generally expected to provide sufficient evidence that the case was dismissed or they were acquitted.
