Louisiana Code of Criminal Procedure 211.3 – Summons by officer instead of arrest and booking; improper supervision of a minor by parent or legal guardian
Terms Used In Louisiana Code of Criminal Procedure 211.3
- Arrest: Taking physical custody of a person by lawful authority.
- Summons: Another word for subpoena used by the criminal justice system.
A. When a peace officer has reasonable grounds to believe that a person has committed the offense of improper supervision of a minor by parent or legal custodian as defined in La. Rev. Stat. 14:92.2, he may issue a written summons instead of making an arrest unless any of the following conditions exist:
(1) The officer has reasonable grounds to believe that the person will not appear upon summons.
(2) The officer has reasonable grounds to believe that the person will cause injury to himself or another, will cause damage to property, or will continue in the same or a similar offense unless immediately arrested and booked.
(3) It is necessary to book the person to comply with routine identification procedures.
B. In any case in which a summons has been issued, a warrant of arrest may later be issued in its place. If the offender fails to appear pursuant to the summons, the court shall immediately issue a warrant for the arrest of the offender.
Acts 2019, No. 290, §2.