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This entry was published on 2014-09-22
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SECTION 130.9
Imposition of restraint
Military (MIL) CHAPTER 36, ARTICLE 7, PART 2
§ 130.9. Imposition of restraint. (a) Arrest is the restraint of a
person by an order not imposed as a punishment for an offense, directing
him to remain within certain specified limits. Confinement is the
physical restraint of a person.

(b) An enlisted person may be ordered apprehended or into arrest or
confinement by any 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 persons of his command or
subject to his authority into arrest or confinement.

(c) An officer or a warrant officer may be ordered into arrest or
confinement only by a commanding officer to whose authority he is
subject, by an order, oral or written, delivered in person or by another
officer. The authority to order such persons into arrest or confinement
may not be delegated.

(d) No person shall be ordered into arrest or confinement except for
probable cause.

(e) Nothing in this section shall be construed to limit the authority
of persons authorized to apprehend offenders to secure the custody of an
alleged offender until proper authority may be notified.