Legal Question in Criminal Law in Louisiana

Re: being booked

Dear LawGuru Friend,

There is no easy answer to your question. Article 228 of the LOUISIANA CODE OF CRIMINAL PROCEDURE (the Law of Louisiana) provivdes, "It is the duty of every peace officer (cop) making an arrest, or having an arrested person in his custory, promptly to conduct the person arrested to the nearest jail or police station and cause him to be booked." (Parenthetical matter added by me.) That's it! Nothing further is said about time for booking. The key words are "peace officer", "duty", "promptly", "nearest jail or police station" and "booked". I cannot see where any penalty is provided for a cop's failute to comply with the requrements of article 228, other than possibly being guilty of "malfeasance" in office. A later article which follows this one closely provides that an arrested defendant unable to make bond must be brought before a judge within seventy-two hours to be advised of his rights, including the right to counsel. There is more to it all than this, but this is something to think about. I suggest you go to the Louisiana Legislature web-site, click on Louisiana Law, then on LOUISIANA CODE OF CRIMINAL PROCEDURE, search "booking" and read article 228 and following of the LA CODE OF CRIMINAL PROCEDURE. Good luck! If a problem continues, feel free to call a good lawyer, including myself. There is no fee for just talking. Again, good luck to you and/or your friend!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA