---
kind: "section"
citation: "10 U.S.C. § 809"
title: "10"
title_heading: "Armed Forces"
number: "809"
heading: "Art. 9. Imposition of restraint"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/809"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 47 — Uniform Code of Military Justice"
  - "Subchapter II — Apprehension and Restraint"
---

# §809. Art. 9. Imposition of restraint

- (a) Arrest is the restraint of a [person](/usc/10/2700.md?p=2) 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](/usc/10/2700.md?p=2).
- (b) An [enlisted member](/usc/10/101.md?p=b-6) may be ordered into arrest or confinement by any [commissioned officer](/usc/10/101.md?p=b-2) by an order, oral or written, delivered in [person](/usc/10/2700.md?p=2) or through other [persons](/usc/10/2700.md?p=2) subject to this chapter. A [commanding officer](/usc/10/801.md?p=3) may authorize [warrant officers](/usc/10/101.md?p=b-3), petty [officers](/usc/10/101.md?p=b-1), or noncommissioned officers to order [enlisted members](/usc/10/101.md?p=b-6) of his command or subject to his authority into arrest or confinement.
- (c) A [commissioned officer](/usc/10/101.md?p=b-2), a [warrant officer](/usc/10/101.md?p=b-3), or a civilian subject to this chapter or to trial thereunder may be ordered into arrest or confinement only by a [commanding officer](/usc/10/801.md?p=3) to whose authority he is subject, by an order, oral or written, delivered in [person](/usc/10/2700.md?p=2) or by another [commissioned officer](/usc/10/101.md?p=b-2). The authority to order such [persons](/usc/10/2700.md?p=2) into arrest or confinement may not be delegated.
- (d) No [person](/usc/10/2700.md?p=2) may be ordered into arrest or confinement except for probable cause.
- (e) Nothing in this article limits the authority of [persons](/usc/10/2700.md?p=2) authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.

## Source credit

(Aug. 10, 1956, ch. 1041, 70A Stat. 40.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 809(a)<br>809(b) | 50:563(a).<br>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”.