N.Y. Military Law § 130.9: Imposition of restraint

§ 130.9. Imposition of restraint. (a) 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.

(b) An enlisted person may be ordered apprehended or into arrest or

confinement by any officer by an order, oral or written, delivered in

person or through other persons subject to this code, or through any

person authorized by this code to apprehend persons. A commanding

officer may authorize warrant officers, petty officers, or

noncommissioned officers to order enlisted persons of his command or

subject to his authority into arrest or confinement.

(c) An officer or a warrant officer may be ordered 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

officer. The authority to order such persons into arrest or confinement

may not be delegated.

(d) No person shall be ordered into arrest or confinement except for

probable cause.

(e) Nothing in this section shall be construed to limit the authority

of persons authorized to apprehend offenders to secure the custody of an

alleged offender until proper authority may be notified.