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SECTION: 403 WARRANTS

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SECTION: 403

TITLE: WARRANTS

EFFECTIVE DATE:  February 15, 2017

 

  1. PURPOSE:
  2. Provide guidelines for Deputy Sheriffs executing warrants.
  3. Provide guidelines for Deputy Sheriffs to instruct arrestees regarding their responsibilities during the execution of a warrant.
  4. Provide guidelines for Deputy Sheriff's forcing entry under authority of a warrant.
  5. POLICY:

It is the policy of the Evangeline Parish Sheriff's Office to execute all warrants and all other orders as directed by the courts/Justice of the Peace in accordance with Louisiana Code, Section C. Cr. P. Art.220.

III. PROCEDURE:

  1. Warrant:

 

Definitions

  1. A writ or order issued by a Court/Justice of the Peace to a Police Officer/Deputy Sheriff that authorizes him/her to perform a certain act.
  2. A search warrant authorizes an officer to search for and seize any property that constitutes evidence of the commission of a crime.
  3. Arrest defined in C. CR. P. Art. 201 - Arrest is the taking of one person into custody by another. To constitute arrest, there must be an actual restraint of the person. The restraint may be imposed by force or may result from the submission of the person arrested to the custody of the one arresting him/her.
  4. Warrant of arrest remains in effect until executed. C.CR.P. Art. 205.
  5. Defining who executes warrants: Pursuant to C. CR.. Art. 204, the warrant shall be directed to all Peace Officers in the state. It shall be executed only by a sworn Peace Officer, and may be executed in any parish by any sworn Peace Officer having authority in the territorial jurisdiction where the person arrested is found or by any Peace Officer having authority in one territorial jurisdiction in this state who enters another jurisdiction in close pursuit of the person arrested. (74.3.2)
  6. Office Procedure for Warrants:
  7. The Criminal Warrants of the Criminal Process Unit of the Evangeline Parish Sheriff's Office will receive and execute all warrants.
  8. Upon receipt of process from the Courts/Justice of the Peace of Evangeline Parish and/or courts of foreign jurisdiction, the Criminal Warrant Sub-Unit Supervisor ensures that the following steps are taken:

 

  1. Enter the following information regarding the warrant of the Criminal Process System Computer:

1). Date received; 2). Type of warrant; 3). Origin or Source (jurisdiction) of Warrant; 4). Name of wanted person/address; 5). Deputy assigned; 6). Date assigned; 7). Court docket number; 8). Physical description (if any); and 9). Date of arrest.

  1. Forward the warrant to the appropriate deputy for service.

 

  1. Warrants for executions for arrestees living within the Parish of Evangeline are given to the warrant officer/deputy within Evangeline Parish.
  2. Warrants to be executed out of the 13th Judicial District area are directed to that jurisdiction with a transmittal.
  3. Logs are to be kept and filed by the Warrant Officer/Deputy within the 13th Judicial District area.
  4. Warrants for execution out of the 13th Judicial District area are entered into the Imaging System and kept for future reference/copies.

(1) Entry made by Criminal Warrants Supervisor are entered by: (a) Name; and       (b) Case number. Out of Parish warrants:

To ensure that a valid warrant exists and to avoid any chance of false arrest, all warrants shall be checked through the computer prior to being served and checked with District Attorney's Office to validate warrant during working hours, 8:00 am. - 4:00 pm., Monday thru Friday.

 

Entering State wide Felony Warrants into NCIC:

State wide and those Warrants approved for extradition will be entered into NCIC, as requested per District Attorney's Office/foreign jurisdiction as needed for arrest.

The Criminal Warrants Supervisor shall review all warrants for service on a daily basis. The supervisor will then issue the document according to service area, to the appropriate deputy for service.

Deputy responsibility:

  1. Upon receipt of a warrant of arrest, the deputy shall review the warrant, paying particular attention to the nature of the warrant, location of service and name of person to be arrested. b. The assigned Deputy/Warrant Officer shall proceed as soon as possible to execute the warrant/process, as demands for service allows.
  2. Warrants of arrest in criminal process include: attachments, outstanding bench warrants, and bench warrants. d. The Warrant Officer/Deputy will execute the warrant within the territorial jurisdiction where the person arrested is found. When entering another jurisdiction, the Peace Officer in that territorial jurisdiction, may accompany the warrant officer in pursuit of the person arrested. (La. C. CR. P. Art. 204) e. If the person named in the warrant is located / arrested, the deputy shall detain that person. He/she will take appropriate action in accordance with law.

Upon execution of a warrant, a return is made and returned to the Criminal Warrants Supervisor the same day or following work day.

In the event execution is attempted and not made, the deputy shall record the date/time, location, and disposition of such attempts on the Criminal Log sheet and return such warrant.

Upon return of a warrant, the Criminal Warrants Supervisor shall make the following entries in the Criminal Process System Computer:

  1. Arrest made: (1) Date of arrest; (2) Location of service; (3) Executing deputy; and (4) Active (Y/N). b. Non-execution: (1) Reason for non-execution; (2) Recalled/returned; (3) Date (recalled/returned); and (4) Active (Y/N).

 

The person in charge will then forward the served or un-served document back to the appropriate jurisdiction.

When a complaint is made of the commission of a misdemeanor and requirements of Art.202 are met, the magistrate may issue a summons instead of a warrant of arrest, if he has reasonable ground to believe that the person against whom the complaint is made will appear upon a summons. In a case where a summons has been issued, a warrant of arrest may be issued later in its place. (C. CR. P. Art. 209)

Definition: Magistrate - A judicial officer authorized to order the arrest of a person charged with the commission of a public offense. Justices of the peace and other inferior Judicial Officers are also called magistrates.

Issuing Worthless Checks: Summons by Peace Officers instead of arrest.

  1. When a Peace Officer has reasonable grounds to believe a person has committed the offense of issuing worthless checks as defined by Louisiana

Revised Statute 14:71, he/she may give a written summons instead of making an arrest if:

(1) He/she has reasonable grounds to believe that the person will appear upon summons; and

(2) He/she has no reasonable grounds to believe that the person will cause injury to himself / herself or another or damage to property unless immediately arrested.

.In any case in which a summons has been issued, a warrant of arrest may be issued in its place. (C. CR. P. Art. 211 -2) Procedure when warrant defective: A warrant of arrest shall not be quashed or abated and a person in custody for an offense shall not be discharged from custody because of any informality or defect in the warrant, but the warrant may be amended so as to remedy the informality or defect. (C. CR. P. Art. 206)

Procedure when arrest made for offense trial-able in another parish: When an arrest under a warrant occurs in a parish other than that which the alleged offense was committed, the person arrested shall be booked and imprisoned in the parish where he was arrested until he gives bail or is transferred to the parish where the offense is alleged to have been committed. A person awaiting transfer shall not be detained in custody in the parish of his/her arrest for a longer period than ten (10) days. (C. CR. P. Art. 207)

Summons: A summons is an order in writing, issued and signed by a Magistrate or a Peace Officer in the name of the state, stating the offense charged and the name of the alleged offender, and commanding him/her to appear in the court designated in the summons at the time and place stated in the summons. (C. CR.. P. Art. 208)

Service of summons: The service of a summons is made in the same manner as a citation in a civil action. (C. CR.P. ART.. 210)

Summons by officer instead of arrest and booking:

When it is lawful for a Peace Officer to arrest a person without a warrant for a misdemeanor, he/she shall give a written summons instead of making an arrest if all the following exist:

(1) The officer has reasonable grounds to believe that the person will appear upon summons; (2) The officer has no reasonable grounds to believe that the person will cause injury to himself/herself or another or damage to property or will continue in the same or a similar offense unless immediately arrested or booked; and (3) There is no necessity to book the person to comply with routine identification procedures.

 In any case in which a summons has been issued, a warrant of arrest may later be issued in its place. (C. CR.P. ART.. 211)

Criminal trespass; summons by officer instead of arrest: When a Peace Officer has reasonable grounds to believe a person has committed criminal trespass as defined by

Section 63 of Title 14 of the Louisiana Revised Statute of 1950, he shall give a written summons instead of making an arrest if:

(1) He/she has reasonable grounds to believe that the person will appear upon summons; and (2) He/she has no reasonable grounds to believe that the person will cause injury to himself / herself or another or damage to property unless immediately arrested.

In any case in which a summons has been issued, a warrant of arrest may later be issued in its place. (C. CR. P. Art. 211.1)

 

 Littering: Summons by Peace Officer instead of arrest; affidavits:

  1. When a Peace Officer has reasonable grounds to believe a person has committed an offense of littering under the provisions of Louisiana Revised Statute 32.289(A), he/she shall issue a written summons to the offender, in accordance with law, commanding him/her to appear and answer the charge. (C. CR. P. Art. 211.3)

 

 

Arrest by Officer Without Warrant When Lawful:

A Peace Officer may, without a warrant, arrest a person when:

  1. The person to be arrested has committed an offense in his/her presence; and if the arrest is for a misdemeanor, it must be made immediately or on close pursuit;
  2. The person to be arrested has committed a felony, although not in the presence of the officer;

 

  1. The Peace Officer has reasonable cause to believe that the person to be arrested has committed an offense, although not in the presence of the officer; or
  2. The Peace Officer has received positive and reliable information that another Peace Officer from this state holds an arrest warrant or a Peace Officer of another state or the United States holds an arrest warrant for a felony offense. Any Peace Officer in close pursuit of a person to be arrested, who is making an arrest pursuant to this article may enter another jurisdiction in this state and make the arrest. (C. CR. P. Art. 213)

Officer May Summon Assistance:

A Peace Officer making a lawful arrest may call upon as many persons as he/she considers necessary to aid him/her in making the arrest. A person thus called upon shall be considered a Peace Officer for such purposes. (C. CR. P. Art. 219)

Submission to Arrest; Use of Force:

A person shall submit peaceably to a lawful arrest. The person making a lawful arrest may use reasonable force to effect the arrest and detention, and also to overcome any resistance or threatened resistance of the person being arrested or detained. (C. CR. P. Art. 220)

Forcible Entries to Serve Warrants:

  1. Article 224 of the Code of Criminal Procedure reads as follows: An order to make an arrest, a Peace Officer, who has announced his authority and purpose, may break open an outer or inner door or window of any vehicle, water craft, aircraft, dwelling or other structure, movable or immovable, where the person to be arrested is or is reasonably believed to be, if he /she is refused or otherwise obstructed from admittance. The Peace Officer need not announce his authority and purpose when to do so would imperil the arrest.
  2. In addition to authority to break in if are used at admittance, as provided in the source provision, this article authorizes an officer to break in if otherwise obstructed from at admittance.
  3. The Peace Officer's right of forcible entry applies to all lawful arrests, including arrests without a warrant on suspicion of a felony. It provides a minor extension of the right of forcible entry under Article 72 of the 1928 Louisiana Code, in that it applies to an arrest for a misdemeanor where arrest without a warrant it authorized. 4. An exception is added to relieve the officer from announcing his authority and purpose before resorting to forcible entry when to do so would imperil the arrest,at for example, when the person to be arrested is dangerous or likely to slip away if forewarned.
  4. The provisions of former Louisiana Revised Statute 15:73, authorizing forcible liberation from detention where the one detained lawfully entered a building to make an arrest are omitted. Such a right exists without any special statutory authority.
  5. In those situations where forcible entry is being considered as a final option, a Command Officer is to be notified.

Exemption from Arrest and Service of Process:

  1. If a person comes into this state in obedience to a summons directing him to attend and testify in this state, he/she shall not, while in this state pursuant to such summons or order, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
  2. If a person passes through this state while going to another state in obedience to a summons or order to attend and testify in that state or while returning there-from, he/she shall not, while so passing through this state be subject to arrest, or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons or order.

3. The offender, under the public bribery, bribery of voters or corrupt influencing articles, who states the facts under oath to the district attorney charged with the prosecution of the offense, and who gives evidence tending to convict any other offender under those articles, may, in the discretion of such district attorney, be granted full immunity from prosecution in respect to the offense reported, except for perjury in giving such testimony. (Louisiana Revised Statu