TITLE 30

Military Affairs and Defense

CHAPTER 30-13

Rhode Island Code of Military Justice

SECTION 30-13-9



   § 30-13-9  Imposition of restraint. –

(a) "Arrest" is the restraint of a person by an order, not imposed as a

punishment for an offense, directing that person 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 code or through any person

authorized by this code to apprehend persons. A commanding officer may

authorize warrant officers, petty officers, or noncommissioned officers to

order enlisted members of his or her command or subject to his or her authority

into arrest or confinement.



   (c) A commissioned officer or a warrant officer may be

ordered apprehended or into arrest or confinement only by a commanding officer

to whose authority he or she is subject, by an order, oral or written,

delivered in person or by another commissioned officer. The authority to order

these persons apprehended or into arrest or confinement may not be delegated.



   (d) No person may be ordered apprehended or 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.



History of Section.

(G.L. 1956, § 30-13-9; P.L. 1962, ch. 82, § 1.)