(a) Arrest is the restraint of a person by an order, not imposed as a punishment for
an offense, directing him or her to remain within certain specified limits. Confinement is the physical restraint of a person.
(b) An enlisted member may be ordered into arrest or confinement by any commissioned
officer by an order, oral or written, delivered in person or through other persons
subject to this article. A commanding officer may authorize warrant officers, petty officers, or noncommissioned
officers to order enlisted members of the commanding officer's command or subject
to the commanding officer's authority into arrest or confinement.
(c) A commissioned officer, a warrant officer, or a civilian subject to this article
or to trial there under may be ordered into arrest or confinement only by a commanding
officer to whose authority the person is subject, by an order, oral or written, delivered
in person or by another commissioned officer. The authority to order such persons into arrest or confinement may not be delegated.
(d) No person may be ordered into arrest or confinement except for probable cause.
(e) This section does not limit the authority of persons authorized to apprehend offenders
to secure the custody of an alleged offender until proper authority may be notified.
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 or via Westlaw before relying on it for your legal needs.
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