[§124A-13]  Imposition of restraint. (a)  Arrest is the restraint of a person by an order, not imposed as apunishment for an offense, directing the person to remain within certainspecified limits.  Confinement is the physical restraint of a person.

(b)  An enlisted member may be ordered intoarrest or confinement by any commissioned officer by an order, oral or written,delivered in person or through other persons subject to this chapter or throughany person authorized by this chapter to apprehend persons.  A commandingofficer may authorize warrant officers, petty officers, or noncommissionedofficers to order enlisted members of the commanding officer's command orsubject to the commanding officer's authority into arrest or confinement.

(c)  A commissioned officer or a warrantofficer may be ordered apprehended or into arrest or confinement only by acommanding officer to whose authority the commissioned officer or warrantofficer is subject, by an order, oral or written, delivered in person or by anothercommissioned officer.  The authority to order such persons apprehended or intoarrest or confinement may not be delegated.

(d)  No person may be ordered apprehended orinto arrest or confinement except for probable cause.

(e)  This section does not limit the authorityof persons authorized to apprehend offenders to secure the custody of analleged offender until proper authority may be notified. [L 1982, c 171, pt of§2; gen ch 1985]