(a) 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 chapter or through any person authorized by this chapter to apprehend persons. 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.
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Terms Used In Hawaii Revised Statutes 124B-13

  • Arrest: Taking physical custody of a person by lawful authority.
  • Arrest: means the restraint of a person by an order, not imposed as a punishment for an offense, directing the person to remain within certain specified limits. See Hawaii Revised Statutes 124B-1
  • Commanding officer: includes :

    (1) Only commissioned officers of the state military forces; and
    (2) Officers in charge only when administering nonjudicial punishment under section 124B-21. See Hawaii Revised Statutes 124B-1
  • Commissioned officer: includes a commissioned warrant officer. See Hawaii Revised Statutes 124B-1
  • Confinement: means the physical restraint of a person. See Hawaii Revised Statutes 124B-1
  • Enlisted member: means a person in an enlisted grade. See Hawaii Revised Statutes 124B-1
  • Officer: means a commissioned officer. See Hawaii Revised Statutes 124B-1
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
(b) A commissioned officer or warrant officer may be ordered apprehended or into arrest or confinement only by a commanding officer to whose authority the commissioned officer or warrant officer is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order the persons apprehended or into arrest or confinement shall not be delegated.
(c) No person shall be ordered apprehended or into arrest or confinement except for probable cause.
(d) This section shall not limit the authority of persons authorized to apprehend an alleged offender to secure the custody of the alleged offender until the proper authority is notified.

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