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10 U.S.C. § 809 — Art. 9. Imposition of restraint
Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Source file: Laws/federal/codes/united-states-code/title-10/section-809-art-9-imposition-of-restraint--3b0f0ba3d9.md
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Source location: Title 10, Chapter 47, § 809; chapter-047-uniform-code-of-military-justice.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 561, act May 5, 1950, ch. 169, § 1, 64 Stat. 111, related to apprehension. See [section 807 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section807&num=0&edition=prelim), Armed Forces.
Section 562, act May 5, 1950, ch. 169, § 1, 64 Stat. 111, provided for apprehension of deserters. See [section 808 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section808&num=0&edition=prelim).
Section 563, act May 5, 1950, ch. 169, § 1, 64 Stat. 111, related to imposition of restraint. See [section 809 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section809&num=0&edition=prelim).
Section 564, act May 5, 1950, ch. 169, § 1, 64 Stat. 111, related to restraint of persons charged with offenses. See [section 810 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section810&num=0&edition=prelim).
Section 565, act May 5, 1950, ch. 169, § 1, 64 Stat. 112, provided for reports and receiving of prisoners. See [section 811 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section811&num=0&edition=prelim).
Section 566, act May 5, 1950, ch. 169, § 1, 64 Stat. 112, prohibited confinement of members of armed forces with enemy prisoners. See [section 812 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section812&num=0&edition=prelim).
Section 567, act May 5, 1950, ch. 169, § 1, 64 Stat. 112, prohibited punishment before trial. See [section 813 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section813&num=0&edition=prelim).
Section 568, act May 5, 1950, ch. 169, § 1, 64 Stat. 112, related to delivery of offenders to civil authorit
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 561 to 568
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Federal law — U.S. Code and appendices · legal_authorities
Page 726
TITLE 10—ARMED FORCES
§ 808
(Aug. 10, 1956, ch. 1041, 70A Stat. 39.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
807(a) ......
807(b) ......
50:561(a).
50:561(b).
May 5, 1950, ch. 169, § 1
(Art. 7), 64 Stat. 111.
807(c) ......
50:561(c).
In subsection (a), the words ‘‘into custody’’ and ‘‘of a
person’’ are transposed.
In subsection (c), the words ‘‘All’’ and ‘‘shall’’ are
omitted as surplusage. The word ‘‘Commissioned’’ is in-
serted before the word ‘‘officers’’ for clarity. The word
‘‘therein’’ is substituted for the words ‘‘in the same’’.
§ 808. Art. 8. Apprehension of deserters
Any civil officer having authority to appre-
hend offenders under the laws of the United
States or of a State, Commonwealth, possession,
or the District of Columbia may summarily ap-
prehend a deserter from the armed forces and
deliver him into the custody of those forces.
(Aug. 10, 1956, ch. 1041, 70A Stat. 40; Pub. L.
109–163, div. A, title X, § 1057(a)(4), Jan. 6, 2006,
119 Stat. 3440.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
808 ..........
50:562.
May 5, 1950, ch. 169, § 1
(Art. 8), 64 Stat. 111.
The word ‘‘may’’ is substituted for the words ‘‘It shall
be lawful for * * * to’’. The words ‘‘a State, Territory,
Commonwealth, or possession, or the District of Co-
lumbia’’ are substituted for the words ‘‘any State, Dis-
trict, Territory, or possession of the United States’’.
The words ‘‘of the United States’’, before the words
‘‘and deliver’’, are omitted as surplusage. The words
‘‘those forces’’ are substituted for the words ‘‘the
armed forces of the United States’’, after the words
‘‘custody of’’.
Editorial Notes
AMENDMENTS
2006—Pub. L. 109–163 s
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 809
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