Wisconsin Statutes 322.009 – Article 9 – Imposition of restraint
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Terms Used In Wisconsin Statutes 322.009
- Arrest: Taking physical custody of a person by lawful authority.
- Commanding officer: includes only commissioned officers of the state military forces and shall include officers in charge only when administering nonjudicial punishment under…. See Wisconsin Statutes 322.001
- Enlisted member: means a person in an enlisted grade. See Wisconsin Statutes 322.001
- Officer: means a commissioned or warrant officer. See Wisconsin Statutes 322.001
- Officers: when applied to corporations include directors and trustees. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- This code: means this chapter. See Wisconsin Statutes 322.001
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) In this section:
(a) “Arrest” means the restraint of a person by an order, not imposed as a punishment for an offense, directing him or her to remain within certain specified limits.
(b) “Confinement” means 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. A commanding officer may authorize warrant officers, petty officers, or noncommissioned officers to order enlisted members of the commanding officer’s command or subject to the commanding officer’s authority into arrest or confinement.
(3) A commissioned officer, a warrant officer, or a civilian subject to this code or to trial thereunder may be ordered into arrest or confinement only by a commanding officer to whose authority the person is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order 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 proper authority may be notified.