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Kentucky · Snapshot 09/05/2026

KRS 35.045: Imposition of restraint.

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Where this section sits in the code
  1. KRS Chapter 35

(1) Arrest is the restraint of a person by an order not imposed as a punishment for an

offense, directing the person to remain within certain specified limits. Confinement

is the physical restraint of a person.

(2) 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 code. A commanding officer may authorize warrant

officers, petty officers, or noncommissioned officers to order enlisted members of

the commanding officer's command or subject to the commanding officer's

authority into arrest or confinement.

(3) A commissioned officer, a warrant officer, or a civilian subject to this code or to

trial thereunder may be ordered into arrest or confinement only by a commanding

officer to whose authority he or she 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.

(4) No person may be ordered into arrest or confinement except for probable cause.

(5) 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.

Collected 2026-09-05T20:48:51Z. Source file · JSON

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