N.Y. MIL Law § 130.9

§ 130.9. Imposition of restraint. (a) Arrest is the restraint of a\nperson by an order not imposed as a punishment for an offense, directing\nhim to remain within certain specified limits. Confinement is the\nphysical restraint of a person.\n (b) An enlisted person may be ordered apprehended or into arrest or\nconfinement by any officer by an order, oral or written, delivered in\nperson or through other persons subject to this code, or through any\nperson authorized by this code to apprehend persons. A commanding\nofficer may authorize warrant officers, petty officers, or\nnoncommissioned officers to order enlisted persons of his command or\nsubject to his authority into arrest or confinement.\n (c) An officer or a warrant officer may be ordered into arrest or\nconfinement only by a commanding officer to whose authority he is\nsubject, by an order, oral or written, delivered in person or by another\nofficer. The authority to order such persons into arrest or confinement\nmay not be delegated.\n (d) No person shall be ordered into arrest or confinement except for\nprobable cause.\n (e) Nothing in this section shall be construed to limit the authority\nof persons authorized to apprehend offenders to secure the custody of an\nalleged offender until proper authority may be notified.\n