39A-5-108. Arrest.
| (1) |
An enlisted service member may be ordered into arrest or confinement by any commanding officer by an order, oral or written, delivered in person or through individuals subject to this chapter, or through an individual authorized by this chapter to apprehend individuals. |
Terms Used In Utah Code 39A-5-108
- Apprehend: means taking an individual into custody by competent authority, with or without a warrant. See Utah Code 39A-5-102
- Arrest: means restraining an individual by an order, not imposed as a punishment for an offense, directing the individual to remain within a specified area. See Utah Code 39A-5-102
- Arrest: Taking physical custody of a person by lawful authority.
- Commanding officer: means both a commissioned officer and a warrant officer designated as a commander. See Utah Code 39A-5-102
- Commissioned officer: includes a commissioned warrant officer. See Utah Code 39A-5-102
- Confinement: means the physical restraint of an individual. See Utah Code 39A-5-102
- Officer: means a commissioned or warrant officer. See Utah Code 39A-5-102
- Person: means :Utah Code 68-3-12.5
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
| (2) |
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. |
| (3) |
A commissioned officer or warrant officer may be ordered apprehended, or ordered into arrest or confinement, only by a commanding officer to whose authority the commissioned officer or warrant officer is subject, and only by an order, oral or written, delivered in person or by another commissioned officer. The authority to order the officer apprehended or into arrest or confinement may not be delegated. |
| (4) |
A service member may not be apprehended or placed under arrest or confinement except upon probable cause. |
| (5) |
This section does not limit an individual authorized to apprehend offenders in securing the custody of an alleged offender until the proper authority may be notified. |
Renumbered and Amended by Chapter 373, 2022 General Session
