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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) An enlisted service member may be ordered into arrest or confinement by any commanding officer by an order, oral or written, delivered in person or through individuals subject to this chapter, or through an individual authorized by this chapter to apprehend individuals.
(2) A commanding officer may authorize warrant officers or noncommissioned officers to order enlisted members of his or her command or subject to his or her authority into arrest or confinement.
(3) A commissioned officer or warrant officer may be ordered apprehended, or ordered into arrest or confinement, only by a commanding officer to whose authority the commissioned officer or warrant officer is subject, and only by an order, oral or written, delivered in person or by another commissioned officer. The authority to order the officer apprehended or into arrest or confinement may not be delegated.
(4) A service member may not be apprehended or placed under arrest or confinement except upon probable cause.
(5) This section does not limit an individual authorized to apprehend offenders in securing the custody of an alleged offender until the proper authority may be notified.
Cite this article: FindLaw.com - Utah Code Title 39A. National Guard and Militia Act § 39A-5-108. Arrest - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-39a-national-guard-and-militia-act/ut-code-sect-39a-5-108/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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