La. Admin. Code tit. 41 § II-303

Current through Register Vol. 50, No. 9, September 20, 2024

Section II-303 - Questioning Suspects and Witnesses, Generally

A. It is the duty of the unit commander to insure prompt investigation of the circumstances of an alleged crime and to examine the facts relevant to the guilt or innocence of the accused. All necessary witnesses as well as the suspects, should be interviewed. Interviews should be conducted fairly and, because memories fade, as soon as possible. The questioning of any suspect must begin with a warning of his rights under LCMJ Article 31 and his right to counsel. An investigation may be complicated or simple. In either case, the investigator will want to question both the suspect and the witnesses. Not all cases will require formal statements. In the simple case, sufficient facts may be obtained without written statements.

La. Admin. Code tit. 41, § II-303

Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2355 (November 2009).

AUTHORITY NOTE: Promulgated in accordance with R.S. 29:11(F).