Title 10, Armed ForcesRelease 119-102

§809 Art. 9. Imposition of Restraint

Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 47 — UNIFORM CODE OF MILITARY JUSTICE › SUBCHAPTER II — APPREHENSION AND RESTRAINT › § 809

Last updated Aug 21, 2026|Official source

Summary

Sets rules for ordering people into arrest or confinement. Arrest means being told to stay inside certain limits. Confinement means being physically held. Any commissioned officer can order an enlisted member into arrest or confinement. Orders can be spoken or written and given in person or through others under the same rules. A commanding officer may let warrant officers, petty officers, or NCOs give those orders for enlisted members in his command. A commissioned officer, warrant officer, or civilian who is under this law can only be put into arrest or confinement by the commanding officer who has authority over them. That order must be spoken or written and given in person or by another commissioned officer, and the commanding officer cannot transfer that power to someone else. No one may be ordered into arrest or confinement unless there is probable cause. People who are allowed to apprehend suspects may hold someone temporarily until the proper authority is notified.

Full Legal Text

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.

Legislative History

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”.

Reference

Citations & Metadata

Citation

10 U.S.C. § 809

Title 10, Armed Forces

Last Updated

Aug 21, 2026

Release point: 119-102