Caddo Parish District Attorney Charles Scott has Armed his ADA's with Federal Government Surplus Automotic Weapons

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.

 

 

Comments

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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

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