40.025. Arrest--confinement--definitions--probable cause required --procedure--enlisted member--commissioned officer. - Missouri Statutes

Arrest--confinement--definitions--probable cause required--procedure--enlisted member--commissioned officer.

40.025. 1. "Arrest" is the restraint of a person by anorder, not imposed as a punishment for an offense, directing theperson to remain within certain specified limits. "Confinement"is the physical restraint of a person.

2. An enlisted member may be ordered into arrest orconfinement by any commissioned officer by an order, oral orwritten, delivered in person or through other persons subject tosections 40.005 to 40.490 or through any person authorized bysections 40.005 to 40.490 to apprehend persons. A commandingofficer may authorize warrant officers or noncommissionedofficers to order enlisted members of his command or subject tohis authority into arrest or confinement.

3. A commissioned officer or warrant officer may be orderedapprehended or into arrest or confinement only by a commandingofficer to whose authority he is subject, by an order, oral orwritten, delivered in person or by another commissioned officer.The authority to order such persons apprehended or into arrest orconfinement may not be delegated.

4. No person may be ordered apprehended or into arrest orconfinement except upon probable cause, and a written record ofthe facts and circumstances upon which probable cause was madeshall be kept.

5. This section does not limit the authority of personsauthorized to apprehend offenders to secure the custody of analleged offender until proper authority may be notified.

(L. 1984 H.B. 1035 § 9, A.L. 1986 H.B. 1505)