Georgia § 38-2-1009 - Who may order the arrest or confinement of members.
Full text of Georgia Official Code of Georgia Annotated § 38-2-1009 — Who may order the arrest or confinement of members., with citation guidance and answers to common questions.
§ 38-2-1009. Who may order the arrest or confinement of members.
An enlisted member may be ordered into arrest or confinement by any commander in the grade of O-4 or above by an order, oral or written, delivered in person or through any other person who is subject to this article. A commander in the grade of O-4 or above may authorize commissioned officers, 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. A commissioned officer, a warrant officer, or a civilian subject to this article or to trial thereunder may be ordered into arrest or confinement only by a commanding officer in the grade of O-6 or above to whose authority the person 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 shall not be delegated. No person may be ordered into arrest or confinement except for probable cause. This article shall not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified. The Governor, or the adjutant general under delegation by the Governor, may by written order, or regulations issued pursuant to Part 1 of Article 2 of this chapter, further limit who may order the arrest or confinement of members. (Code 1981, § 38-2-1009 , enacted by Ga. L. 2015, p. 753, § 1/HB 98.) U.S. Code. - For similar provision in Uniform Code of Military Justice, see 10 U.S.C. § 809.
Source: official Georgia text · Last verified 2026-08-27
Frequently Asked Questions About Georgia § 38-2-1009
What does Official Code of Georgia Annotated § 38-2-1009 cover?
Section 38-2-1009 ("Who may order the arrest or confinement of members.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 38-2-1009?
A common citation format is "Official Code of Georgia Annotated § 38-2-1009" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 38-2-1009 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.