d. Apprehension and Restraint. Because Masters-at-Arms
make a large percentage of all apprehensions in the Navy, you
should clearly understand the legal meanings of the word
apprehension and other terms such as arrest, custody,
confinement, and restraint. The authority of Navy law
enforcement personnel to enforce military law, orders, and
regulations is derived from Title 10, U.S. Code 807, and Manual
for Courts-Martial (MCM), Rule 302.
(1) UCMJ Article 7 -- Apprehension. Apprehension is the
taking of a person into custody. Any person authorized under
regulations governing the armed forces to apprehend persons
subject to this chapter or to trial there under may do so upon
reasonable belief that an offense has been committed and that
the person apprehended committed it. Commissioned officers,
warrant officers, petty officers, and noncommissioned officers
shall have authority to quell quarrels, frays, and disorders
among persons subject to this chapter, and to apprehend persons
subject to this chapter who take part therein.
(a) Apprehension is defined as taking a person into
custody. As you will see later, a person is placed under arrest
only on the order of an officer. As a practical matter, the
fact that you say, "I'm placing you under arrest" instead of
"I'm apprehending you" makes no legal difference. The important
point is that the offender must be informed clearly that he or
she is being taken into custody. The offender won't know unless
told. The MCM defines custody in part as "restraint of free
locomotion, which is imposed by lawful apprehension." To make
the custody clear, you should normally use some indication of
physical restraint, such as taking the offender by the arm.
This procedure is not always wise, of course, especially if the
offender is argumentative or drunk. Use good judgment when
using physical restraint. Remember that the purpose of taking a
person into custody is only to restrain the violator until
proper authority can be notified. Article 7 includes taking
custody of any U.S. service member, Navy or otherwise.
(b) Apprehension is the military equivalent of the
civilian term arrest. Any officer, warrant officer,
noncommissioned officer, or other person designated by proper
authority to perform guard, police, or criminal investigation
duties may apprehend a violator. Custody means restraint of
free movement. When an individual is taken into custody, the
individual's movements are controlled by the person or persons
who made the apprehension. Physical restraint is the loss of
free movement that results from being taken into custody. It
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