
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC809]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
                SUBCHAPTER II--APPREHENSION AND RESTRAINT
 
Sec. 809. Art. 9. Imposition of restraint

    (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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 40.)

                                          Historical and Revision Notes
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            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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809(a)................................  50:563(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
809(b)................................  50:563(b).                            9
), 64 Stat. 111.
809(c)................................  50:563(c).
809(d)................................  50:563(d).
809(e)................................  50:563(e).
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    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''.

                  Section Referred to in Other Sections

    This section is referred to in section 937 of this title.
