2006 New York Code - Imposition Of Restraint.



 
    § 130.9. Imposition  of  restraint.   (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  person may be ordered apprehended or into arrest or
  confinement by any 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 persons  of  his  command  or
  subject to his authority into arrest or confinement.
    (c)  An  officer  or  a  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
  officer.  The authority to order such persons into arrest or confinement
  may not be delegated.
    (d)  No  person shall be ordered into arrest or confinement except for
  probable cause.
    (e) Nothing in this section shall be construed to limit the  authority
  of persons authorized to apprehend offenders to secure the custody of an
  alleged offender until proper authority may be notified.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.