§809 Art. 9. Imposition of Restraint

Summary

Tells who can order military people into arrest or confinement and defines those words. Arrest means an order to stay within set limits and is not a punishment. Confinement means being physically held or locked up. Any commissioned officer can order an enlisted member into arrest or confinement. A commanding officer can let warrant officers, petty officers, or noncommissioned officers do the same for people in that command. A commissioned officer, a warrant officer, or a civilian subject to the military code can only be put into arrest or confinement by their commanding officer, and that order must be given in person or through another commissioned officer. No one can be put into arrest or confinement unless there is probable cause. People who have the power to catch suspects can hold someone briefly to secure custody until the proper authorities are told.