26-1009. Authority to order arrest

153 words·~1 min read·/az/title-26/26-1009

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

A. 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, or noncommissioned officers, to order enlisted members of his command or subject to his authority into arrest or confinement.

B. A commissioned 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 commissioned officer. The authority to order such persons into arrest or confinement may not be delegated.

C. No person may be ordered into arrest or confinement except for probable cause.

D. Nothing in this section limits the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority is notified.