Legal Definitions - breach of arrest

Breach of arrest is a specific military offense. It occurs when a military officer, who has been placed under a form of disciplinary confinement known as "arrest in quarters," leaves their designated living space without receiving official permission from a superior officer. This type of arrest restricts an officer to their assigned residence or a specific area, and any unauthorized departure from these confines is considered a serious violation of military discipline.

Here are some examples to illustrate this concept:

• Imagine a Captain Rodriguez, who has been placed under arrest in quarters and is confined to her on-base apartment. One evening, feeling restless, she decides to walk to the base commissary to buy some snacks without first requesting or receiving authorization from her commanding officer. By leaving her apartment, which is her designated quarters under arrest, without permission, Captain Rodriguez has committed a breach of arrest.

• Consider Major Davies, who is under arrest in his barracks room following a disciplinary incident. He receives a text message from a colleague about an urgent, non-critical administrative issue at their unit. Believing he can quickly resolve it, Major Davies leaves his room and walks to the unit office, intending to return shortly. Even though his intention was to address a work-related matter, his departure from his designated quarters without explicit authorization from a superior officer constitutes a breach of arrest.

• Suppose Lieutenant Chen is under arrest in quarters, confined to his off-base rented house. His family visits from out of town and invites him to dinner at a local restaurant. Lieutenant Chen, without seeking or obtaining permission from his superior officer, leaves his house to join his family for the meal. His unauthorized departure from his designated quarters, even for a family event, is a clear instance of a breach of arrest.