§809 — Title 10 Armed Forces | U.S. Code

Summary

People may be put under arrest (told to stay within set limits, not as punishment) or confined (physically held). Any commissioned officer can order an enlisted member into arrest or confinement. A commanding officer can let warrant officers, petty officers, or noncommissioned officers give those orders to enlisted people in the command. Commissioned officers, warrant officers, or civilians under military law can only be put into arrest or confinement by their own commanding officer, and that power cannot be handed off. No one may be arrested or confined unless there is probable cause. People who are allowed to catch offenders may hold a suspect briefly to secure custody until the proper authority is notified.

Title 10, §809

Armed Forces — Source: USLM XML via OLRC

(a)Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing him to remain within certain specified limits. Confinement is the physical restraint of a person.

(b)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, petty officers, or noncommissioned officers to order enlisted members of his command or subject to his authority into arrest or confinement.

(c)A commissioned officer, a warrant officer, or a civilian subject to this chapter or to trial thereunder 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.

(d)No person may be ordered into arrest or confinement except for probable cause.

(e)Nothing in this article limits the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 809(a)809(b)50:563(a).50:563(b).May 5, 1950, ch. 169, § 1 (Art. 9), 64 Stat. 111. 809(c)50:563(c). 809(d)50:563(d). 809(e)50:563(e). In subsection (b), the word “commissioned” is inserted before the word “officer” for clarity. The words “member” and “members”, respectively, are substituted for the words “person” and “persons”. In subsection (c), the words “A commissioned” are substituted for the word “An” for clarity. The word “commissioned” is inserted after the word “another” for clarity. In subsection (d), the word “may” is substituted for the word “shall”. In subsection (e), the word “limits” is substituted for the words “shall be construed to limit”.

§809 Art. 9. Imposition of restraint

Summary

Title 10, §809

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata