may involve force or may be accomplished by obedience to orders.
Even if force is not used, a Master-at-Arms must be able to
apply force if needed to effect an apprehension; that is, the MA
must be able to restrain forcibly an offender who resists
apprehension. The use of force depends on whether or not the
offender submits to the apprehension. The procedure for
apprehending depends upon its necessity, the manner in which an
offender is approached, an evaluation of the facts and
circumstances, and the manner in which custody is imposed.
(c) When to Apprehend. Apprehension is made only
for probable cause. If facts and circumstances indicate that a
person has committed an offense, then an apprehension may be
justified. All offenses, however, do not require apprehension.
A minor offense or traffic violation may require only an on-the-
spot correction, an incident report, or a traffic citation.
When to apprehend depends on the facts and circumstances of the
offense and your judgment and experience. No two offenders are
identical. Officers should not be apprehended except on the
orders of another officer or because of the seriousness of the
offense. An apprehension is affected when the suspect is told
that he or she is being taken into custody. A simple statement
such as "You're under apprehension" or "I'm taking you into
custody" is sufficient. The suspect should not have any doubts
about his or her status. As the apprehending officer, you may
search for weapons to ensure your own safety or search for tools
that might enable the suspect to escape. You need not search
every area in a room in which a suspect is apprehended; instead,
search only that area of the room under the suspect's immediate
control. Thus, the scope of the search depends on the
circumstances involved in the apprehension. If circumstances
allow, warn a suspect of his or her right against self-
incrimination in accordance with Article 31, UCMJ. Although
formal interrogations are rarely made at the scene of an
apprehension, any confession or admission obtained from the
suspect at the scene is inadmissible in court unless the suspect
is first warned of his or her rights under Article 31, UCMJ.
(2) Article 9 -- Imposition of Restraint. Arrest is the
restraint of a person by an order, not imposed as a punishment
for an offense, directing him to remain within certain specified
limits. Confinement is the physical restraint of a person. 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 chapter. A
commanding officer may authorize warrant officers, petty
officers, or noncommissioned officers to order enlisted members
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