Current through Register Vol. 50, No. 9, September 20, 2024
Section II-306 - Oral StatementsA. When a suspect waives his rights under LCMJ Article 31 and his right to counsel, but refuses to sign a statement, the investigator may make a summary of his remarks. This summary or oral statement may be admissible in a trial by courts-martial. The oral statement of a suspect concerning his part in an offense made to a person who is not investigating the case or which was blurted out spontaneously to the investigator before the rights warning was administered may also be admissible in a trial by court-martial. If possible, have critical oral statements witnessed by at least one disinterested individual.La. Admin. Code tit. 41, § II-306
Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2356 (November 2009).AUTHORITY NOTE: Promulgated in accordance with R.S. 29:11(F).