2019 Oklahoma Statutes
Title 44. Militia
§44-809. Imposition of restraint.
ARTICLE 9. Imposition of restraint.
A. Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing that person 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 the Oklahoma Uniform Code of Military Justice. 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.
C. A commissioned officer or a warrant officer may be ordered into arrest or confinement only by a commanding officer to whose authority he or she 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 shall not be delegated.
D. No person may be ordered into arrest or confinement except for probable cause.
E. Nothing in this section limits the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.
Added by Laws 2019, c. 408, § 15, eff. Oct. 1, 2019.
