29B.6 - IMPOSITION OF RESTRAINT.
29B.6 IMPOSITION OF RESTRAINT.
Arrest is the restraint of a person by an order, not imposed as a
punishment for an offense, directing the person to remain within
certain specified limits. Confinement is the physical restraint of a
person.
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 code or through any
person authorized by this code to apprehend persons.
A commanding officer may authorize warrant officers or
noncommissioned officers to order enlisted members of the officer's
command or subject to the officer's authority into arrest or
confinement.
A commissioned officer or a warrant officer may be ordered
apprehended or into arrest or confinement only by a commanding
officer to whose authority the commissioned or warrant officer is
subject, by an order, oral or written, delivered in person or by
another commissioned officer. The authority to order such persons
apprehended or into arrest or confinement may not be delegated.
This section does not limit the authority of persons authorized to
apprehend offenders to secure the custody of an alleged offender
until the proper authority is notified. Section History: Early Form
[C54, 58, 62, § 29.66; C66, 71, 73, 75, 77, 79, 81, § 29B.6,
29B.7; 82 Acts, ch 1042, § 3]