Minnesota Statutes 192A.055 – Imposition of Pretrial Restraint
Subdivision 1.Definition.
“Pretrial restraint” means any restraint on a person‘s liberty which is imposed before and during disposition of offenses and may consist of conditions on liberty, restriction, or confinement.
Terms Used In Minnesota Statutes 192A.055
- Arrest: Taking physical custody of a person by lawful authority.
- Code: means this chapter;
(4) "Commanding officer" means a commissioned officer who is in command of any unit;
(5) "Commissioned officer" includes a commissioned warrant officer;
(6) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding or temporarily commanding, or a successor in command;
(7) "Enlisted member" means a person in an enlisted grade;
(8) "Federal active service" has the meaning given in section 190. See Minnesota Statutes 192A.015
- Commissioned officer: includes a commissioned warrant officer;
(6) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding or temporarily commanding, or a successor in command;
(7) "Enlisted member" means a person in an enlisted grade;
(8) "Federal active service" has the meaning given in section 190. See Minnesota Statutes 192A.015
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
For the purposes of this section:
(1) “conditions on liberty” are imposed by orders directing a person to do or refrain from doing specified acts;
(2) “restriction” is the restraint of a person by oral or written orders directing the person to remain within specified limits; and
(3) “confinement” is physical restraint, imposed by order of competent authority, depriving a person of freedom pending disposition of offenses.
Subd. 2.Enlisted members.
An enlisted member may be ordered into pretrial restraint by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this code or through any person authorized by this code to apprehend persons. A commanding officer may authorize warrant officers or noncommissioned officers to order enlisted members of the authorizing officer’s command or subject to the authorizing officer’s authority into pretrial restraint.
Subd. 3.Commissioned officers or warrant officers.
A commissioned officer or a 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 such persons apprehended or into pretrial restraint may not be delegated.
Subd. 4.Probable cause.
No person may be ordered apprehended or into pretrial restraint except for probable cause.
Subd. 5.Authority to secure alleged offenders.
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.