§ 3 – Standard for issuing an arrest warrant under La. C.Cr.P. art. 202(C)


An arrest warrant may be issued when a magistrate has probable cause to believe that an offense was committed and that the person against whom the complaint was made committed it.


An arrest warrant should be issued by a Justice of the Peace when:


1. The person making a complaint executes an affidavit specifying, to the best of his knowledge and belief, the nature, date, and place of the offense, and the name and surname of the offender, if known, and of the person injured if there be any; and


2. The justice of the peace has probable cause to believe that an offense was committed and that the person against whom a complaint was made committed it.


a. Probable cause exists when facts and circumstances from reasonably trustworthy information are sufficient to justify a reasonable person to believe that the person arrested has committed a crime.329

Justices of the peace cannot issue arrest warrants against any of the following:


1. A juvenile;324.


2. A law enforcement officer for acts performed while in the course and scope of his official duties;325.


3. A justice of the peace shall not issue a warrant for the arrest of an administrator of any public or private elementary, secondary, high school, vocational-technical school, college, university, or licensed child day care center in this state or a teacher in any public or private elementary, secondary, high school, vocational-technical school, college, or university in this state who is acting in the course and scope of his official duties, unless an independent investigation into the allegations has been conducted and the investigator's findings support the allegations contained in the affidavit required in Subparagraph (A)(1) of this Article;326.


4. A school employee for any misdemeanor act allegedly committed on school premises or at a school-sanctioned event during the course and scope of the school employee's employment. In all such instances, a summons shall be issued to the school employee pursuant to Code of Criminal Procedure Article 209;327.


5. A school employee for any misdemeanor allegedly committed upon a student during the course and scope of the school employees employment: regardless of whether the act is alleged to have occurred on or off the school campus. In all such instances, a summons shall be§ 3 – Standard for issuing an arrest warrant under La. C.Cr.P. art. 202(C)

 

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