5203 - Imposition of restraint.
§ 5203. Imposition of restraint. (a) Definitions.--Arrest is the restraint of a person subject to this part 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 subject to this part. (b) Enlisted personnel.--An enlisted person subject to this part 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 part or through any person authorized by this part to apprehend persons. 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) Commissioned and warrant officers.--A commissioned officer or a warrant officer subject to this part may be ordered apprehended or 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 apprehended or into arrest or confinement may not be delegated. (d) Probable cause.--No person subject to this part may be ordered apprehended or into arrest or confinement except for probable cause. (e) Construction of section.--This section does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.