Kentucky Statutes 35.045 – Imposition of restraint
Current as of: 2024 | Check for updates
|
Other versions
(1) Arrest is 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. Confinement is 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 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 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.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 13, effective June 25, 2013. — Amended
1970 Ky. Acts ch. 56, sec. 7. — Created 1954 Ky. Acts ch. 99, sec. 8, effective July 1,
1954.
(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.
Terms Used In Kentucky Statutes 35.045
- Arrest: Taking physical custody of a person by lawful authority.
- Code: means this chapter. See Kentucky Statutes 35.010
- Commanding officer: includes only commissioned officers of the state military forces and shall include officers in charge only when administering nonjudicial punishment under KRS §. See Kentucky Statutes 35.010
- Officer: means a commissioned or warrant officer. See Kentucky Statutes 35.010
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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 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 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.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 13, effective June 25, 2013. — Amended
1970 Ky. Acts ch. 56, sec. 7. — Created 1954 Ky. Acts ch. 99, sec. 8, effective July 1,
1954.