10 U.S.C. § 809 — Art. 9. Imposition of restraint

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 201 words · no verdicts yet

in plain englishAI-generated · not legal advice

This article defines arrest and confinement and says who may order them. It requires probable cause and preserves authority to hold an alleged offender until proper authority is notified.

(a) Arrest is an order, not punishment, requiring a person to stay within specified limits. Confinement is physical restraint. (b) Any commissioned officer may orally or in writing order an enlisted member into arrest or confinement, personally or through someone subject to this chapter. A commanding officer may authorize warrant, petty, or noncommissioned officers to order enlisted members under the command into arrest or confinement. (c) A commissioned officer, warrant officer, or covered civilian may be arrested or confined only by the commanding officer with authority over that person, by an order delivered personally or by another commissioned officer. This authority cannot be delegated. (d) No one may be arrested or confined without probable cause. (e) The article does not limit authorized apprehenders’ power to hold an alleged offender until proper authority can be notified.

the actual law source: uscode.house.gov ↗public domain

(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.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 40.)

history & why it existsrecord from the source credit

1956Enacted · Act of Aug. 10, 1956, ch. 1041

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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