39A-5-108. Arrest.
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/ut/title-39a/chapter-5/39a-5-108A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/4/2022
39A-5-108. Arrest.
(1)An enlisted service member may be ordered into arrest or confinement by any commanding officer by an order, oral or written, delivered in person or through individuals subject to this chapter, or through an individual authorized by this chapter to apprehend individuals.
(2)A commanding officer may authorize warrant officers or noncommissioned officers to order enlisted members of his or her command or subject to his or her authority into arrest or confinement.
(3)A commissioned officer or warrant officer may be ordered apprehended, or ordered into arrest or confinement, only by a commanding officer to whose authority the commissioned officer or warrant officer is subject, and only by an order, oral or written, delivered in person or by another commissioned officer. The authority to order the officer apprehended or into arrest or confinement may not be delegated.
(4)A service member may not be apprehended or placed under arrest or confinement except upon probable cause.
(5)This section does not limit an individual authorized to apprehend offenders in securing the custody of an alleged offender until the proper authority may be notified.
Renumbered and Amended by Chapter 373 , 2022 General Session