U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 47— UNIFORM CODE OF MILITARY JUSTICE › Subchapter SUBCHAPTER II— APPREHENSION AND RESTRAINT

10 U.S.C. § 809

Art. 9. Imposition of restraint

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 10 CasesGoogle Scholar
(a) Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing him 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 this chapter. A commanding officer may authorize warrant officers, petty officers, or noncommissioned officers to order enlisted members of his command or subject to his authority into arrest or confinement.(c) A commissioned officer, a warrant officer, or a civilian subject to this chapter or to trial thereunder may be ordered 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 into arrest or confinement may not be delegated.(d) No person may be ordered into arrest or confinement except for probable cause.(e) 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.(Aug. 10, 1956, ch. 1041, 70A Stat. 40.)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

809(a)

809(b)

50:563(a).

50:563(b).

May 5, 1950, ch. 169, § 1 (Art. 9), 64 Stat. 111.

809(c)

50:563(c).

809(d)

50:563(d).

809(e)

50:563(e).

In subsection (b), the word “commissioned” is inserted before the word “officer” for clarity. The words “member” and “members”, respectively, are substituted for the words “person” and “persons”.

In subsection (c), the words “A commissioned” are substituted for the word “An” for clarity. The word “commissioned” is inserted after the word “another” for clarity.

In subsection (d), the word “may” is substituted for the word “shall”.

In subsection (e), the word “limits” is substituted for the words “shall be construed to limit”.

Notes of Decisions
Cited in 66 cases, 1957–2019 · leading case: United States v. Donald Eugene Banks, 539 F.2d 14 (9th Cir. 1976).
Sort: Relevance Newest Treatment
United States v. Donald Eugene Banks, 539 F.2d 14 (9th Cir. 1976). · cites it 2× “When their actions are based on probable cause, military personnel are authorized by statute to arrest and detain civilians for on-base violations of civil law, see 10 U.S.C. § 809 (e) and 18 U.S.C. § 1382 ; 2 also, they may conduct reasonable searches based on a valid warrant.”
Courtney v. Williams, 1 M.J. 267 (1976). · cites it 2× “Article 9(d), UCMJ, 10 U.S.C. § 809 (d). . Article 9(b) and (c), UCMJ, 10 U.”
United States v. Davenport, 9 M.J. 364 (1980). “§ 807 (a), with Article 9(a), UCMJ, 10 U.S.C. § 809 (a).”
United States v. Kinane, 1 M.J. 309 (1976). · cites it 2× “11 Article 9(a), Uniform Code of Military Justice, 10 U.S.C. § 809 (a), specifies that “[a]rrest is the restraint of a person by an order .”
Samayoa-Martinez v. Holder, 558 F.3d 897 (9th Cir. 2009). “1976); see also 10 U.S.C. § 809 (e) (providing that military police may “secure the custody of an alleged offender until proper authority may be notified”).”
United States v. Jeffrey R. MacDonald, 531 F.2d 196 (4th Cir. 1976). · cites it 2× “9, 10 U.S.C. § 809 , provides: “(a) Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing him to remain within certain specified limits.”
United States v. Schuber, 70 M.J. 181 (C.A.A.F. 2011). · cites it 2× “While I would hold that Schuber’s restriction to base constituted “arrest” as that term is defined in Article 9, UCMJ, 10 U.S.C. § 809 (2006), I do not believe that Schuber suffered prejudice based on the delay.”
United States v. Long, 64 M.J. 57 (C.A.A.F. 2006). · cites it 2× “30 Article 9, UCMJ, 10 U.S.C. § 809 (2000). 31 Articles 22, 23, and 24, UCMJ, 10 U.”
State v. Morley, 952 P.2d 167 (Wash. 1998). “§ 807 (b); no person may be arrested or confined except for probable cause ( 10 U.S.C. § 809 (d)); a person arrested or confined has the right to be informed of the accusations brought against him and the right to speedy resolution of those charges ( 10 U.”
United States v. Weiss, 36 M.J. 224 (1992). “9(b), UCMJ, 10 USC § 809 (b)); serve as an investigating officer (Art.”
United States v. Felty, 12 M.J. 438 (1982). “” Article 9(a), UCMJ, 10 U.S.C. § 809 (a). Although the term “custody” is used in the Code, 1 it is not defined there.”
State v. Davis, 582 S.E.2d 289 (N.C. Ct. App. 2003). · cites it 2× “That Code, at 10 U.S.C. § 809 (2003) (emphasis added), provides: (a) Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing him to remain within certain specified limits.”
Show all 66 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.