10-U.S.C.-809
§809 – Art. 9. Imposition of Restraint
Pathway
Title 10 > Subtitle A > Part II > Chapter 47 > Subchapter II > Section 809
Details
- Reference: Section 809
- Legend: §809 – Art. 9. Imposition of Restraint
- USCode Year: 2013
Provision Content
(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.)
| Revised section | Source (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.
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