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 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.

Terms Used In South Dakota Codified Laws 33-10-36

  • Arrest: Taking physical custody of a person by lawful authority.
  • Commanding officer: includes only commissioned officers of the state military forces and shall include officers in charge only when administering nonjudicial punishment pursuant to this code. See South Dakota Codified Laws 33-10-20
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2

Source: SL 2012, ch 175, § 17.