[§124A-13]  Imposition of restraint


Published: 2015

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     [§124A-13]  Imposition of restraint. 

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

punishment for an offense, directing the 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 chapter or through

any person authorized by this chapter to apprehend persons.  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 or a warrant

officer may be ordered apprehended or into arrest or confinement only by a

commanding officer to whose authority the commissioned officer or warrant

officer is subject, by an order, oral or written, delivered in person or by another

commissioned officer.  The authority to order such 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. [L 1982, c 171, pt of

§2; gen ch 1985]

 

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