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Terms Used In Louisiana Code of Criminal Procedure 228

  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

A.  It is the duty of every peace officer making an arrest, or having an arrested person in his custody, promptly to conduct the person arrested to the nearest jail or police station and cause him to be booked.

B.  A person is booked by an entry, in a book kept for that purpose, showing his name and address, a list of any property taken from him, the date and time of booking, and the submission of a booking information summary as provided for in Paragraph C of this Article to the person making the entry in the police or jail book.  Every jail and police station shall keep a book for the listing of the above information as to each prisoner received.  The book and booking information summaries shall always be open for public inspection.  The person booked shall be imprisoned unless he is released on bail.

C.(1)  At the time of booking, the peace officer causing the arrested person to be booked shall deliver to the person at the jail or police station who accepts custody of the arrestee a booking information summary which shall include at least the following information:

(a)  The proper legal name of the arrestee, if known.

(b)  The charge or charges upon which the person was arrested and the name of the person making the arrest.

(c)  A short recitation of the facts or events which caused the defendant to be arrested.

(d)  The names of all other persons arrested as a result of the same events or facts.

(2)  If the peace officer presenting an arrestee for booking is unable to submit a complete booking information summary, he shall provide the person receiving custody of the arrestee a written statement or form, explaining why a complete booking information summary cannot be presented.

Acts 1992, No. 672, §1.