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2017 Statute



Prev Article 22. - CODE OF MILITARY JUSTICE; APPREHENSION AND RESTRAINTNext


48-2201.(KCMJ Art. 7) Apprehension. (a) Apprehension is the taking of a person into custody.

(b) Any person authorized by regulations governing the state military forces to apprehend persons subject to this code, any marshal of a court-martial appointed pursuant to the provisions of this code, and any law enforcement officer having authority to apprehend offenders under the laws of the United States or of a state or municipality, may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it.

(c) Commissioned officers, warrant officers and noncommissioned officers have authority to quell quarrels, frays and disorders among persons subject to this code and to apprehend persons subject to this code who take part therein.

(d) Any person subject to this code who misses a movement to annual training or state active duty or is absent without leave from annual training or state active duty, may be apprehended and delivered to the person's commanding officer pursuant to a warrant issued by a military judge based upon probable cause. Apprehension under this subsection may be made by military police, security police or civilian law enforcement officers.

History: L. 1972, ch. 203, § 48-2201; L. 1988, ch. 191, § 3; July 1.



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