§15-1E-10 Imposition of restraint. - West Virginia Statutes

§15-1E-10. Imposition of restraint.
(a) Arrest is the restraint of a person subject to this article 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 subject to this article.

(b) An enlisted person subject to this article may be ordered into arrest or confinement by any officer by an order, oral or written, delivered in person or through other persons subject to this article or through any person authorized by this article to apprehend persons. A commanding officer may authorize officers, petty officers, or noncommissioned officers to order enlisted members of his command or subject to his authority into arrest or confinement.

(c) An officer subject to this article may be ordered apprehended or 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 apprehended or into arrest or confinement may not be delegated.

(d) No person subject to this article may be ordered apprehended or into arrest or confinement except upon probable cause and written record of the facts and circumstances upon which probable cause was made shall be recorded.

(e) 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.