2010 Mississippi Code
TITLE 33 - MILITARY AFFAIRS
Chapter 13 - Mississippi Code of Military Justice.
33-13-21 - Imposition of restraint.

§ 33-13-21. Imposition of restraint.
 

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

(2)  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, or noncommissioned officers to order enlisted members of his company or subject to his authority into arrest or confinement. 

(3)  A commissioned officer or warrant officer 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. 

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

(5)  This section does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until a proper authority may be notified. 
 

Sources: Former § 33-13-55 [Codes, 1942, § 8529-09; Laws,  1966, ch. 538, § 9] repealed by Laws,  1981, ch. 362, § 102, eff from and after July 1, 1981, amended and recodified as § 33-13-21 by Laws,  1981, ch. 362, § 12, eff from and after July 1, 1981.