Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 5 - Pretrial Procedures › Section II-504 - Arrest Warrant Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Definitions
Apprehension
-the taking of a person into
				  custody. [LCMJ Article 7(A)]
Detention
-the imposition of custody by
				  competent authority, pending disposition of offenses for a period of longer
				  than 8 hours. For purposes of this Regulation, the term "detention" shall be
				  synonymous with "arrest" and "arrest warrant" under LCMJ Articles 8 and
				  9.
B. Grounds for Apprehension and
				Detention-a person subject to the LCMJ may be apprehended and detained only for
				an offense triable by court-martial upon probable cause to apprehend and when a
				properly executed arrest warrant is issued. Probable cause to apprehend exists
				when there are reasonable grounds to believe that an offense under the LCMJ has
				been or is being committed and the person to be apprehended committed or is
				committing the offense. Receipt of the sworn Charge Sheet (DD Form 458) is
				considered probable cause for the issuance of an arrest warrant.
C. Apprehension by Military Authorities. If
				probable cause exists to apprehend a service member who is located on property
				under control of the Louisiana National Guard, then persons authorized under
				LCMJ Articles 7 and 8 may apprehend persons for which, while in a duty status,
				there is probable cause to believe that an offense has been committed and those
				who take part in quarrels, frays, or disorders. An arrest warrant shall not be
				necessary to apprehend service members located on military property or
				installations.
D. Apprehension by
				Civilian Law Enforcement
1. Apprehension of
				all service members who are located outside of military installations or
				military property shall be conducted under the arrest warrant procedures under
				LCMJ Article 8 in accordance with this Regulation. Any apprehension conducted
				outside of military installations and property shall be conducted by civilian
				law enforcement agencies which have jurisdiction over the location where the
				accused may be found. In order to make an apprehension, a law enforcement
				officer may use such physical force as in reasonably justifiable and authorized
				for the officer to exercise under the laws of this state.
2. Upon making the apprehension, the officer
				shall take the offender without due delay before the officer directing the
				apprehension in the arrest warrant. If circumstances require that the accused
				must be detained prior to being taken to the apprehension authority, he may be
				placed in a confinement facility, but for no more than 8 hours and he may not
				be placed in the general population of such facility.
3. If circumstances are such that it is clear
				that the accused will not be released to his commander within 8 hours of
				apprehension, then the accused shall be released and given a written order to
				appear before the court martial on a certain time and date. The order shall
				provide a warning to the accused that failure to appear will result in another
				arrest warrant being issued and additional charges brought against him under
				the LCMJ.
4. Overnight detention or
				pre-trial confinement is not authorized and, in such circumstance, the
				arresting authority will release the accused to his unit as expeditiously as
				possible. Overnight pre-trial confinement pursuant to an arrest warrant shall
				not be authorized unless approved by the State Judge Advocate.