Oklahoma § 44-809 - Imposition of restraint

§ 44-809. Imposition of restraint

ARTICLE 9. Imposition of restraint.

A. Arrest is the restraint of a person by an order, not imposed

as a punishment for an offense, directing that person 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 the Oklahoma Uniform

Code of Military Justice. A commanding officer may authorize

warrant officers or noncommissioned officers to order enlisted

members of his or her command or subject to his or her authority

into arrest or confinement.

C. A commissioned officer or a warrant officer may be ordered

into arrest or confinement only by a commanding officer to whose

authority he or she 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.

D. No person may be ordered into arrest or confinement except

for probable cause.

E. Nothing in this section limits the authority of persons

authorized to apprehend offenders to secure the custody of an

alleged offender until proper authority may be notified.

Added by Laws 2019, c. 408, § 15, eff. Oct. 1, 2019.