Section 26.05.395. Imposition of restraint.

   (a) An enlisted member of the militia may be arrested or confined by an oral or written order issued by a commissioned officer or another member of the militia of the state acting at the commissioned officer's direction. A commanding officer may authorize warrant officers, petty officers, or noncommissioned officers to order enlisted members of the commanding officer's command or subject to the commanding officer's authority into arrest or confinement.
   (b) A commissioned or warrant officer may be arrested or confined only by a commanding officer who has authority over the commissioned or warrant officer. The commanding officer shall deliver the order orally, in writing, in person, or by another member of the militia. A commanding officer may not delegate the authority granted in this subsection.
   (c) A person may not be arrested or confined unless the officer issuing the order for arrest or confinement has probable cause to believe that an offense under this chapter has been committed and that the person has committed the offense.
   (d) 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.

Notes

History

(Sec. 4 ch 55 SLA 2016)