Sec. 26.05.390. Apprehension.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A member of the militia or a person authorized under 10 U.S.C. 801 - 946 or the code of military justice to apprehend persons subject to the code of military justice, a marshal of a court-martial, and a peace officer or civil officer having authority to apprehend offenders under the laws of the United States or of a state may apprehend a person subject to the code of military justice upon probable cause that an offense under this chapter has been committed and that the person apprehended committed the offense.

(b)Commissioned officers, warrant officers, petty officers, and noncommissioned officers have authority to suppress disorder or mutual combat among members of the militia and to apprehend a person who participates in the disorder or mutual combat.

(c)If an offender is apprehended outside the state, the offender's return to the area must be in accordance with applicable extradition procedures, if any, or by reciprocal agreement.

(d)A person authorized by this section to apprehend, restrain, or confine persons subject to the code of military justice may not require payment of a fee for apprehending, restraining, or confining a person except as otherwise provided by law.