§ 31-2A-7 — (Article 7.) Apprehension

Alabama § 31-2A-7

• Jurisdiction: Alabama
• Title 31: Military Affairs and Civil Defense
• Ch. 2A: Military Justice
• Part II: Apprenhension and Restraint

Text

(a) Apprehension is the taking of an individual into custody.
(b) Any individual authorized by this code or by regulation to apprehend individuals subject to this code, any marshal of a court-martial appointed pursuant to the provisions of this code, and any peace officer or civil officer having authority to apprehend offenders under the laws of the United States or of the State of Alabama may do so upon probable cause that an offense has been committed and that the apprehended individual committed the offense.
(c) Commissioned officers, warrant officers, petty officers, and noncommissioned officers have authority to quell quarrels, frays, and disorders among individuals subject to this code and to apprehend individuals subject to this code who take part therein.
(d) If an offender is apprehended outside the State of Alabama, the offender’s return to the area must be in accordance with normal extradition procedures or by reciprocal agreement, unless it is solely a military offense.
(e) No individual authorized by this article to apprehend individuals subject to this code or the place where the offender is confined, restrained, held, or otherwise housed may require payment of any fee or charge for receiving, apprehending, confining, restraining, holding, or otherwise housing an individual except as otherwise provided by Section 31-2-106.

Legislative History

(Act 2012-334, p. 790, §1; Act 2024-329, §1.)