Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 9 - Complaints Under Article 138, LCMJ › Section II-917 - Request for Arrest Warrant Packet -Appendix

Current through Register Vol. 50, No. 6, June 20, 2024
STATE OF LOUISIANA
Military Department
CHECKLIST FOR ISSUANCE OF ARREST WARRANT
1. _____ Request for Arrest Warrant. [Figure 5-3, LANG
				  27-10]
2. _____ Properly completed DD Form 458 Charge Sheet. [Figure
				  5-9 and 5-10, LANG 27-10]
3. _____ Properly completed Arrest Warrant.
4. _____ Written Order to Report.
5. _____ MACOM SJA Endorsement
NOTES
A. Warrants may only be issued to secure the presence of the
				  accused. Arrest cannot be used as punishment.
B. Regarding AWOL's, warrants may only be issued if the
				  soldier has been absent for five MUTA's over two consecutive drills. If a
				  soldier is AWOL one drill but reports at the next drill, arrest is not needed
				  to secure the presence of that soldier. Similarly, if the soldier is AWOL six
				  consecutive drill weekends and reports to the seventh drill, the unit should
				  read that soldier his DD Form 458 Charge Sheet and take the necessary action
				  the commander deems appropriate under the LCMJ at that time. It cannot issue an
				  arrest warrant after the soldier has reported, unless the soldier is again
				  absent for five consecutive MUTA's over two drill weekends.
C. Arrest Warrants cannot authorize detention for more than
				  eight (8) hours unless specifically approved by the State Judge Advocate upon a
				  showing of just cause for such detention time.
D. Some common mistakes include such simple omissions as the
				  arrestee's physical description and the use of inappropriate arrest warrant
				  forms used for AWOL from Annual Training (which occasionally, depending on the
				  circumstances permit much longer detention) instead of AWOL from drill.
WRITTEN DIRECT ORDER TO
Name and Rank of Arrestee
Upon release on personal recognizance by the law enforcement
				  official, you are directed to report to
(Unit address and phone
				  number)
on the first day following your release no later than 1600
				  hours. If you fail to report, you will be apprehended again for pretrial
				  confinement.
BY ORDER OF
Commander's Name and
				  Signature
LANG-XXX
Date
MEMORANDUM FOR Commander, 256 BCT, ATTN: Staff Judge
				  Advocate
SUBJECT: Request for Arrest Warrant Authority Under the
				  Louisiana Code of Military Justice
1. The undersigned requests authority to arrest the following
				  soldier pursuant to the LCMJ:
a.
Rank & Name of arrestee: PFC John C.
				  Doe
b.
Unit address or arrestee: HHC, 256th Infantry,
					 1806 Surrey Street, Lafayette, LA 70508
c.
Offense(s) of arrestee: Article 86, LCMJ
						(AWOL)
d.
Civilian Employment of arrestee: Student,
						  Part-time at Outback on weekends
2. Justification/necessity for arrest:
Soldier
						  has been consistently AWOL from drill and arrest is necessary to secure the
						  soldier's presence. Soldier was AWOL for the following drill dates: 7-8 Nov 99,
						  1-2 Dec 99, 5-6 Jan 00, 8-9 Feb 00.
3. The unit has attempted to contact the Soldier
three times by telephone at the number listed on the Unit's Alert
						  Roster and twice by certified mail
but has been unsuccessful securing
						  the presence of the soldier for disposition of the offenses charged.
4. In brief, the arrestee's prior service record is as
						  follows:
(a)
Is the Guardsman an OIF or OEF
						  veteran?
(b)
Has the Guardsman experienced any
							 extenuating circumstances or hardship recently or since the unsatisfactory
							 participation?
(c)
What specific actions has the unit taken
								to address any concerns or issues that the Guardsman may be
								experiencing?
(d)
What type of performance has the
								  Guardsman had during their military career? List both positive accomplishments
								  and prior misconduct.
5. Aggravating, extenuating or mitigating
								  circumstances:
Arrestee thought he would lose his job if he went to
								  drill on the drill weekends noted above.
6. If there are any questions, please contact the
								  undersigned at
Unit phone number.
7. Encl
Requestee's Signature
								  Block
1. DD Form 458 Charge Sheet
2. Arrest Warrant
3. Written Order to Report
4. SJA Memorandum
5. Arrest Warrant Checklist
Sample Chart Detailing All Recovery
											 Attempts
Guardsman's Name
Unit
Justification
Status
PV1 Soldier, Sam E.
HSC, 528th EN Bn
PV1 Soldier state to CPT
														Spurlock that he had some medical documentation to fax to him. CPT Spurlock
														told the Solider that he needed to report to the Monroe armory NLT 1700 on 3
														OCT06.
The Soldier stated "I was trying
														not to hear him" and hung up the phone.
SJA prepared to recommend
														approval after receiving the Request for Warrant, along with the Soldier's home
														of record and the Company Commander's Name and Phone Number.
10 OCT 06.
SPC Guy, Good E.
HSC 528th EN Bn
CPT Spurlock explained to SPC
														Guy that he had been called back to duty and that the National Guard would take
														care of his medication condition and get him the care he need and also put him
														orders. CPT Spurlock told SPC Guy to go home and retrieve his gear and report
														back to the unit NLT 0700 on 7 OCT 06.
SPC Guy failed to report in at
														the time instructed.
SJA Disapproves.
SJA Required corrections to the
														affidavit.
We should not issue a warrant
														unless the Soldier is already on orders. 10 OCT 06.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).