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U.S. Code as of:
01/19/04
Section 809. Art. 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 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. A
commanding officer may authorize warrant officers, petty officers,
or noncommissioned officers to order enlisted members of his
command or subject to his authority into arrest or confinement.
(c) A commissioned officer, a warrant officer, or a civilian
subject to this chapter or to trial thereunder 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 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) Nothing in this article limits the authority of persons
authorized to apprehend offenders to secure the custody of an
alleged offender until proper authority may be notified.
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