(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.

Terms Used In Rhode Island General Laws 30-13-9

  • Arrest: Taking physical custody of a person by lawful authority.
  • Commanding officer: includes only commissioned officers;
    (5) "Commissioned officer" includes a commissioned warrant officer;
    (6) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding for the time being, or a successor in command;
    (7) "Duty status other than active state duty" means any type of required duty other than that set forth in subdivision (2) of this section and includes travel to and from that duty;
    (8) "Enlisted member" means a person in an enlisted grade;
    (9) "Grade" means a step or degree, in a graduated scale of office or military rank, that is established and designed as a grade by law or regulation;
    (10) Law officer" means an official of a general court-martial detailed in accordance with § 30-13-28
    (11) "Law specialist" means a commissioned officer of the organized naval militia of the state designated for special duty (law);
    (12) "Legal officer" means any commissioned officer of the organized naval militia of the state designated to perform legal duties for a command;
    (13) "May" is used in a permissive sense. See Rhode Island General Laws 30-13-1
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.

(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 this code or through any person authorized by this code to apprehend persons. A commanding officer may authorize warrant officers, petty 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 apprehended or 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 these persons apprehended, or into arrest or confinement, may not be delegated.

(d)  No person may be ordered apprehended or into arrest or confinement except for probable cause.

(e)  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.

History of Section.
G.L. 1956, § 30-13-9; P.L. 1962, ch. 82, § 1.