CHAPTER 110-B DEPARTMENT OF MILITARY AFFAIRS AND VETERANS SERVICES
Military Justice
Section 110-B:44
110-B:44 Arrest and Confinement. –
I. "Arrest" is the restraint of a person by an order, not imposed as punishment for an offense, directing the person to remain within certain specified limits. "Confinement" is the physical restraint of a person.
II. An enlisted person may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through another member of the national guard. A commanding officer may authorize warrant officers or non-commissioned officers to order enlisted personnel of the command or subject to the officer's authority, into arrest or confinement.
III. The officer who is subject to this chapter may be ordered into arrest or confinement only by a commanding officer to whose authority the person is subject, by an order, oral or written, delivered in person or by another officer. The authority to order officers into arrest or confinement may not be delegated.
IV. No person shall be ordered into arrest or confinement except for probable cause.
V. 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 the proper authority may be notified.