of his command or subject to his authority into arrest or
confinement. A commissioned officer, a warrant officer, or a
civilian subject to this chapter or to trial thereunder may be
ordered into arrest or confinement only by a commanding officer
to whose authority he 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. No person may be ordered into arrest or
confinement except for probable cause.
(a) Congress has given the terms apprehension,
arrest, and confinement distinct meanings. Apprehension, as you
learned from Article 7, is the initial act of taking a person
into custody. Once a person is taken into custody, that person
may be held under restraint for safekeeping while the charges
are disposed of. There are three forms of such restraint. The
most severe is confinement -- the physical restraint of a person.
Next comes the arrest, which is the restraint of a person by an
order directing him or her to remain within certain specified
limits. The least severe form of restraint for safekeeping is
restriction in lieu of arrest, which is also imposed by an order
directing the person to remain within certain specified limits.
The difference between arrest and restriction in lieu of arrest
is that a restricted person performs all regular duties, whereas
a person under arrest does not perform full military duties.
For this reason, personnel who commit relatively minor offenses
are normally put under restriction in lieu of arrest.
Confinement, arrest, and restriction in lieu of arrest, when
imposed under Article 9, are not forms of punishment. Arrest
and restriction in lieu of arrest are similar in one respect:
the party is required to stay within specified limits. It is a
person's conscience and the force of law, rather than a strong
arm or a barred door, that induce an individual to remain within
those limits. A person obeys because of a moral and legal
obligation to do so. Confinement before trial is usually not
imposed. However, it is imposed if needed to ensure the
presence of the accused at the trial, if the offense charged is
extremely serious, or if the safety of the public or the accused
is in jeopardy.
d. Search and Seizure.
Manual for Courts Martial 2008, Military Rules for Evidence
(MRE) 313-316
(1) Definitions
(a) Search - A quest for incriminating evidence
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