It was recently revealed that the Caddo Parish District Attorney's Office has acquired several automotic rifles (M-16's) from the Federal Government DLA Program. The Shreveport Times broke the story:
Sheriff asks for investigation related to DA machine guns
Concerns raised about DA use of sheriff commissions
A local blog, MyBossier, also has a post about the story, a great photoshop picture and one interesting comment from Anonymous.
The issue is whether the DA's Office is an eligible agency to even receive these type of surplus items from the DLA:
"(A)suitable for use by the agencies in law enforcement activities, including counter-drug and counter-terrorism activities ... (d) ... the Secretary shall give preference to those applications indicating transferred property will be used in the counter-drug or counter -terrorism activities of the recipient agency." Title 10 USC, Section 2576a
The Louisiana Federal Property Assistance Agency's website states, "Agencies with law enforcement activities are defined as government agencies whose primary function is the enforcement of applicable federal, state and local laws and whose compensated law enforcement officers have powers of arrest and apprehension."
The 1033 Louisiana LESO Application contains a "Memorandum of Understanding between the State of Louisiana and the ___________ Sheriff/Police Department". The Application also ask the Law Enforcement Agency to list the "Number of Compensated Officers with Arrest and Apprehension Authority".
The duties of the DA are defined by LSA-R.S. 16:1 which states, "...shall represent the state in all civil actions, and shall have charge of every criminal prosecution by the state in his district, be the representative of the state before grand juries in his district, and be the adviser to the grand juries". No where does the law state that the District Attorneys "have powers of arrest and apprehension."
In regard to DA Investigators LSA-RS 16:13.1 states, "... they shall not have the right to make arrests, except as citizens under the Louisiana Code of Criminal Procedure Article 214."
In other words, the DA is not a law enforcement agency nor does its employees, in their role as employees of the DA's office, have the powers of arrest and apprehension. If a DA, ADA, or DA Investigator arrests someone, then they are doing so under authority other than that provided to the DA (i.e as a part-time Sheriff Deputy). It appears that the DA's office does not have the power to arrest and apprehend and is not eligible for these surplus items in the first place.
What do to with this. Please make clear.
Posted by: Job Duties | March 13, 2012 at 06:19 AM
Very interesting. I wonder why Sheriff Prator gave the District Attorney Investigators the power of arrest when Louisiana law specifically and clearly prohibits the DA Investigators from having arrest powers? There is no exception for the DA Investigators to be granted arrest powers by the sheriff. They shall only the same rights to arrest as an ordinary citizen. Title 16, §13.1. District attorney's investigator; definition and duties. The investigators of the district attorneys' offices shall be peace officers with all privileges, immunities, and defenses accorded to peace officers, except that they shall not have the right to make arrests, except as citizens under Louisiana Code of Criminal Procedure Article 214. They shall have the same territorial jurisdiction as the district attorney for whom they work. Notwithstanding any other provisions of law to the contrary, investigators of a district attorney's office shall not receive state supplemental pay. Added by Acts 1978, No. 566, §1. http://www.legis.state.la.us/lss/lss.asp?doc=79490
Posted by: Sam Brown | March 14, 2012 at 05:43 AM
In many instances you dont need to pesonal be sure that the advance and yes it doesn't show up in your credit report or affect your ability to be entitled to other financing not Fake sometime you may not save the amount of money; you'll be able to not save to your future.
Posted by: not Fake | September 20, 2013 at 07:21 PM
Less when compared to a month after voters rejected Proposition B, which could have increased employees' pension contributions, a $379 not fake therefore, you could possibly be worse off than you were when you started the loan consolidation.
Posted by: not fake | September 23, 2013 at 02:00 AM
Pretty! This has been a really wonderful post. Thank you for providing this info.
Posted by: SBA Guaranteed Loans | September 23, 2013 at 06:49 AM
The city is also an important commercial and transit center that links Mexico with the remainder of California as well as the US with billions of dollars in trade annually killers concert if vehicles with 100,000 miles or greater are allowed, then they'll in many cases need to finance for shorter terms, which consequently can impact your monthly obligations.
Posted by: killers concert | September 27, 2013 at 10:59 AM
Though the motorcycle title loan is secured in character, they may be offered by highest rate of interest on account of their short-run nature night garden live show secured unsecured loans are ideal for when you happen to be trying to increase a great deal; are experiencing difficulty getting an unsecured personal loan or use a poor credit ranking.
Posted by: night garden live show | September 30, 2013 at 01:03 AM
Does your website have a contact page? I'm having trouble locating it but, I'd like to shoot you an e-mail. I've got some ideas for your blog you might be interested in hearing. Either way, great site and I look forward to seeing it grow over time.
Posted by: web marketing | October 01, 2013 at 02:16 AM
Thank you for this awesome write-up! Extremely effectively written and it looks like you put a great deal of time into this. Significantly appreciated.
Posted by: Emerson | October 08, 2013 at 03:14 PM
I really like your blog.. very nice colors & theme. Did you design this website yourself or did you hire someone to do it for you? Plz answer back as I'm looking to design my own blog and would like to find out where u got this from. cheers
Posted by: guaranteen money loans | October 08, 2013 at 03:15 PM
I study this blog with my group and all of us decided that we would like to return to read a lot more from you inside the future. It's very hard to make this list we've so I must offer you the credit you deserve! Cheers!
Posted by: los angeles escorts | October 08, 2013 at 03:18 PM
This can be a difficult topic to create on! Good job on challenging oneself and I hope far more world-wide-web writers take immediately after your ambition!
Posted by: Www.ezrecordclean.com | October 08, 2013 at 03:21 PM
I think this really is the second time I have study your weblog and I know it is actually really tough to help keep capturing your audience. Good Blog maintain writing please!
Posted by: homepage | October 08, 2013 at 03:21 PM
I've read a few good stuff here. Definitely price bookmarking for revisiting. I wonder how so much attempt you set to make the sort of wonderful informative website.
Posted by: spilleautomater | October 14, 2013 at 03:41 PM