Michigan Laws 32.1009 – “Arrest” defined; arrest by military superior; probable cause; authority to secure custody of alleged offender not limited
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Terms Used In Michigan Laws 32.1009
- Arrest: Taking physical custody of a person by lawful authority.
- Confinement: means the physical restraint of a person. See Michigan Laws 32.1002
- Enlisted member: means a person in an enlisted grade. See Michigan Laws 32.1002
- Military: includes each armed force of the United States and each component of the state military establishment. See Michigan Laws 32.1002
- Officer: means a commissioned or warrant officer. See Michigan Laws 32.1002
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) As used in this section, “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.
(2) An officer or enlisted member of the state military forces accused of an offense in violation of this code may be placed in arrest by his or her military superior.
(3) A person shall not be ordered into arrest or confinement except upon probable cause.
(4) This section does not limit the authority of a person authorized to apprehend an offender of this code to secure the custody of an alleged offender until the proper authority is notified.