Ill. Admin. Code tit. 95 § 400.200

Current through Register Vol. 48, No. 49, December 6, 2024

Section 400.200 - Apprehension

a)Apprehension is the taking of a person into custody. (Code Section 7(a))

b)Any person subject to the Code who is authorized by the Code to apprehend persons subject to the Code may do so only after consultation with the NGIL-JA and only after having probable cause that an offense has been committed and that the person apprehended committed it. (Code Section 7(b))

c) Civilians Authorized to Apprehend Deserters. Under Code Section 7, any civilian officer having authority to apprehend offenders under laws of the United States, or of a state, may do so when apprehension is of a deserter from SMF. Upon receipt of DD Form 553 (Deserter/Absentee Wanted by the Armed Forces), civilians authorized to apprehend shall do so and detain that deserter until appropriate military authorities take custody.

d) How an Apprehension May Be Made

1) General. An apprehension is made by clearly notifying the person to be apprehended that the person is in custody. This notice should be given orally or in writing, but may be implied by the circumstances.

2) Warrants. Neither warrants nor any other authorization shall be required for an apprehension under this Manual, except as required by the U.S. Constitution as applied to members of the armed forces.

3) Use of Force. Any person authorized under this Manual to make apprehension may use such force and means as reasonably necessary under the circumstances to effect the apprehension.

Ill. Admin. Code tit. 95, § 400.200

Adopted at 41 Ill. Reg. 11931, effective 9/14/2017.