Section 130.9. Imposition of restraint  


Latest version.
  • (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.