La. Admin. Code tit. 41 § II-917
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. |
La. Admin. Code tit. 41, § II-917