Alaska

Criminal Procedure

Criminal Procedure

Rule 4 – Warrant or Summons Upon Complaint

(a)Issuance.

(1)Probable Cause. A warrant or summons shall be issued by a judge or magistrate judge only if it appears from the complaint, or from an affidavit or affidavits filed with the complaint, that there is probable cause to believe that an offense has been committed and that the defendant has committed it.
(2)Summons or Warrant. The court must issue a summons as opposed to a warrant unless the judge or magistrate judge finds that an arrest is necessary to ensure the defendant’s presence in court, or that an arrest is necessary because the defendant poses a danger to a victim, other persons, or the community.
(3)Failure of Defendant to Appear After Summons. If a defendant who has been duly summoned fails to appear or if there is reasonable cause to believe that the defendant will fail to appear, a warrant of arrest shall issue; provided that in the case of a defendant charged with a minor offense as defined in Rule 8, District Court Rules of Criminal Procedure, additional summons may issue in lieu of a warrant of arrest. If a defendant corporation fails to appear after having been duly summoned, a plea of not guilty shall be entered by the court if the court is empowered to try the offense for which the summons was issued and the court may proceed to trial and judgment without further process. If the court is not so empowered it shall proceed as though the defendant has appeared.
(4)Additional Warrants or Summonses. More than one warrant or summons may issue on the same complaint.
(b)Form and Contents.

(1)Warrant. The warrant shall be signed by the judge or magistrate judge, or by a clerk directed to do so on the record. The warrant shall contain the name of the defendant or, if the defendant’s name is unknown, any name or description by which the defendant can be identified with reasonable certainty, and shall describe the offense charged in the complaint. The warrant shall be directed to any peace officer or other person authorized by law to execute the warrant and shall command that the defendant be arrested and brought before the nearest available judge or magistrate judge without unnecessary delay. The judge or magistrate judge shall endorse the amount of bail upon the warrant.
(2)Summons. The summons shall be signed by the judge or magistrate judge or by a clerk directed to do so on the record. The summons shall be in the same form as the warrant, except that it shall summon the defendant to appear before a judge or magistrate judge at the time and place stated therein, and shall inform the defendant that if the defendant fails to appear a warrant will issue for the defendant’s arrest.
(c)Execution or Service and Return.

(1)By Whom. The warrant shall be executed by any peace officer or other officer authorized by law. The summons may be served by any peace officer or by any other person authorized to serve a summons in a civil action.
(2)Territorial Limits. The warrant may be executed or the summons may be served at any place within the jurisdiction of the State of Alaska.
(3)Manner. The warrant shall be executed by the arrest of the defendant. The officer need not possess the warrant at the time of the arrest, but upon request shall show the warrant to the defendant as soon as possible. If the officer does not possess the warrant at the time of the arrest, the officer shall then inform the defendant of the offense charged and of the fact that a warrant has been issued. The summons shall be served upon the defendant by delivering a copy to the defendant personally, or by leaving it at the defendant’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or in any other manner provided for service of process in civil actions.
(4)Return. The officer executing the warrant shall make return thereof to the judge or magistrate judge before whom the defendant is brought pursuant to Rule 5. At the request of the prosecuting attorney any unexecuted warrant shall be returned to the judge or magistrate judge by whom it was issued and shall be canceled by the judge or magistrate judge. On or before the return day, the person who served the summons shall make return thereof to the judge or magistrate judge before whom the summons is returnable. At any time while the complaint is pending and upon the request of the prosecuting attorney, any unexecuted and uncancelled warrant or unserved original or duplicate summons shall be re-executed or re- served.

Alaska R. Crim. P. 4

Adopted by SCO 4 October 4, 1959; amended by SCO 98 effective September 16, 1968; by SCO 127 effective April 29, 1971; by SCO 157 effective February 15, 1973; by SCO 224 effective December 15, 1975; by SCO 517 effective October 1, 1982; by SCO 650 effective July 1, 1985; by SCO 904 effective January 15, 1989; by SCO 1100 effective January 15, 1993; and by SCO 1153 effective July 15, 1994; amended by SCO 1829 effective October 15, 2014; amended by SCO 1929 effective October 15, 2018.

Administrative Bulletin 80 on Warrants standardizes procedures for issuing, recalling, and returning warrants. These procedures apply to warrants issued in all case types (criminal, minor offense, delinquency, and civil).