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2007 Minnesota Statutes
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Chapter 192A
Section 192A.055
Topics
Recent History
- 2002 192A.055 Amended 2002 c 308 s 9
This is an historical version of this statute chapter. Also view the most recent published version.
192A.055 IMPOSITION OF PRETRIAL RESTRAINT.
Subdivision 1. Definition. "Pretrial restraint" means any restraint on a person's liberty which
is imposed before and during disposition of offenses and may consist of conditions on liberty,
restriction, or confinement.
For the purposes of this section:
(1) "conditions on liberty" are imposed by orders directing a person to do or refrain from
doing specified acts;
(2) "restriction" is the restraint of a person by oral or written orders directing the person to
remain within specified limits; and
(3) "confinement" is physical restraint, imposed by order of competent authority, depriving a
person of freedom pending disposition of offenses.
Subd. 2. Enlisted members. An enlisted member may be ordered into pretrial restraint
by any commissioned 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 or noncommissioned officers to order
enlisted members of the authorizing officer's command or subject to the authorizing officer's
authority into pretrial restraint.
Subd. 3. Commissioned officers or warrant officers. A commissioned officer or a warrant
officer may be ordered apprehended or into arrest or confinement only by a commanding officer
to whose authority the commissioned officer or warrant officer 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 pretrial restraint may not be delegated.
Subd. 4. Probable cause. No person may be ordered apprehended or into pretrial restraint
except for probable cause.
Subd. 5. Authority to secure alleged offenders. 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.
History: 1963 c 661 s 192A.055; 1986 c 444; 2002 c 308 s 9
Subdivision 1. Definition. "Pretrial restraint" means any restraint on a person's liberty which
is imposed before and during disposition of offenses and may consist of conditions on liberty,
restriction, or confinement.
For the purposes of this section:
(1) "conditions on liberty" are imposed by orders directing a person to do or refrain from
doing specified acts;
(2) "restriction" is the restraint of a person by oral or written orders directing the person to
remain within specified limits; and
(3) "confinement" is physical restraint, imposed by order of competent authority, depriving a
person of freedom pending disposition of offenses.
Subd. 2. Enlisted members. An enlisted member may be ordered into pretrial restraint
by any commissioned 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 or noncommissioned officers to order
enlisted members of the authorizing officer's command or subject to the authorizing officer's
authority into pretrial restraint.
Subd. 3. Commissioned officers or warrant officers. A commissioned officer or a warrant
officer may be ordered apprehended or into arrest or confinement only by a commanding officer
to whose authority the commissioned officer or warrant officer 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 pretrial restraint may not be delegated.
Subd. 4. Probable cause. No person may be ordered apprehended or into pretrial restraint
except for probable cause.
Subd. 5. Authority to secure alleged offenders. 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.
History: 1963 c 661 s 192A.055; 1986 c 444; 2002 c 308 s 9
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Revisor of Statutes