(1) Arrest is the restraint of a person by an order, not imposed as punishment for an offense, directing him to remain within certain specified limits.

(2) Confinement is the physical restraint of a person.

(b) Restraint of enlisted member. 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 this Code. A commanding officer may authorize a warrant officer or noncommissioned officer to order an enlisted man of his command or subject to his authority into arrest or confinement.

(c) Restraint of commissioned officer/warrant officer. A commissioned officer or warrant officer 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) Apprehension or arrest requires probable cause. No person may be ordered apprehended or into arrest or confinement except for probable cause.

(e) No limits to authority of authorized persons. Nothing in this Article limits the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.

SOURCE: UCMJ ARTICLE 9.