35.045 Imposition of restraint.
208 words·~1 min read·
/ky/chapter-35/35-045A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Arrest is the restraint of a person by an order not imposed as a punishment for an
offense, directing the person to remain within certain specified limits. Confinement
is the physical restraint of a person.
(2)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 code. 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.
(3)A commissioned officer, a warrant officer, or a civilian subject to this code or to
trial thereunder may be ordered into arrest or confinement only by a commanding
officer to whose authority he or she 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.
(4)No person may be ordered into arrest or confinement except for probable cause.
(5)This section does not limit the authority of persons authorized to apprehend
offenders to secure the custody of an alleged offender until proper authority may be
notified.