La. Admin. Code tit. 41 § II-505

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

Section II-505 - Apprehension and Detention by Peace Officers

A. Authority to Apprehend. Any peace officer having authority to apprehend offenders under the laws of the state may apprehend and detain an offender under the LCMJ.

B. Apprehension Procedures. A peace officer may apprehend and detain a person subject to the LCMJ:

1. for any court-martial offense committed in the presence of the peace officer, if the peace officer has probable cause to believe the person apprehended committed it, or

2. when the peace officer is notified by telegraph, telephone, radio, facsimile machine, or other mode of communication by a commissioned officer or by military law enforcement officials, or by another peace officer, that there exists a duly issued order for the apprehension of the person by a commanding officer to whose authority the person is subject, or by a military court.

C. Notice to Service member. The peace officer shall inform the person to be apprehended of the peace officer's authority and reason for the apprehension.

La. Admin. Code tit. 41, § II-505

Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2380 (November 2009).

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