35.045 Imposition of arrest.
(1) 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 <br>physical restraint of a person.
(2) An enlisted person may be ordered apprehended or into arrest or confinement by
any officer by an order, oral or written, delivered in person, or through other subject <br>persons, or through any person authorized by this code to apprehend persons. A <br>commanding officer may authorize warrant officers or noncommissioned officers to <br>order enlisted members of his command or subject to his authority into arrest or <br>confinement.
(3) An officer 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 <br>by another officer. The authority to order such persons into arrest or confinement <br>may not be delegated.
(4) No person shall be ordered into arrest or confinement except for probable cause. <br>(5) Nothing in this section shall be construed to limit the authority of persons
authorized to apprehend offenders to secure the custody of an alleged offender until <br>proper authority may be notified.
History: Amended 1970 Ky. Acts ch. 56, sec. 7. -- Created 1954 Ky. Acts ch. 99,
sec. 8, effective July 1, 1954.
35.045 Imposition of arrest.
(1) 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 <br>physical restraint of a person.
(2) An enlisted person may be ordered apprehended or into arrest or confinement by
any officer by an order, oral or written, delivered in person, or through other subject <br>persons, or through any person authorized by this code to apprehend persons. A <br>commanding officer may authorize warrant officers or noncommissioned officers to <br>order enlisted members of his command or subject to his authority into arrest or <br>confinement.
(3) An officer 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 <br>by another officer. The authority to order such persons into arrest or confinement <br>may not be delegated.
(4) No person shall be ordered into arrest or confinement except for probable cause. <br>(5) Nothing in this section shall be construed to limit the authority of persons
authorized to apprehend offenders to secure the custody of an alleged offender until <br>proper authority may be notified.
History: Amended 1970 Ky. Acts ch. 56, sec. 7. -- Created 1954 Ky. Acts ch. 99,
sec. 8, effective July 1, 1954.
35.045 Imposition of arrest.
(1) 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 <br>physical restraint of a person.
(2) An enlisted person may be ordered apprehended or into arrest or confinement by
any officer by an order, oral or written, delivered in person, or through other subject <br>persons, or through any person authorized by this code to apprehend persons. A <br>commanding officer may authorize warrant officers or noncommissioned officers to <br>order enlisted members of his command or subject to his authority into arrest or <br>confinement.
(3) An officer 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 <br>by another officer. The authority to order such persons into arrest or confinement <br>may not be delegated.
(4) No person shall be ordered into arrest or confinement except for probable cause. <br>(5) Nothing in this section shall be construed to limit the authority of persons
authorized to apprehend offenders to secure the custody of an alleged offender until <br>proper authority may be notified.
History: Amended 1970 Ky. Acts ch. 56, sec. 7. -- Created 1954 Ky. Acts ch. 99,
sec. 8, effective July 1, 1954.
