[§124B-13] Imposition of restraint.
194 words·~1 min read·
/hi/124b-13A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
[§124B-13] Imposition of restraint.
(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 or through any person authorized by this chapter to apprehend persons. A commanding officer may authorize warrant officers, petty officers, or noncommissioned officers to order enlisted members of the commanding officer's command or subject to the commanding officer's authority into arrest or confinement.
(b)A commissioned officer or warrant officer may be ordered apprehended or into arrest or confinement only by a commanding officer to whose authority the commissioned officer or warrant officer is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order the persons apprehended or into arrest or confinement shall not be delegated.
(c)No person shall be ordered apprehended or into arrest or confinement except for probable cause.
(d)This section shall not limit the authority of persons authorized to apprehend an alleged offender to secure the custody of the alleged offender until the proper authority is notified. [L 2022, c 286, pt of §2]