Louisiana Code of Criminal Procedure Article 106 authorizes the coroner to order the arrest of a person identified as a suspect during an investigation. It is a narrow but real source of arrest authority that can arise in homicide and unexplained-death cases.
What the Statute Says
Art. 106. Arrest of criminal suspect
If an investigation by the coroner indicates that a crime has been committed by a person who is not in custody, the coroner may arrest him. The coroner shall deliver the person arrested to a peace officer.
La. Code Crim. Proc. — source: Louisiana State Legislature
Why Article 106 Matters to Your Defense
Article 106 matters because arrests springing from a coroner’s investigation must still rest on a proper factual basis. If the investigation did not actually indicate that a crime was committed by the person arrested, the arrest’s legality is open to challenge.
These cases often involve forensic and medical evidence, an area where careful scrutiny of the underlying findings can be decisive. A flawed investigative premise can undermine everything built on top of it.
How Our Attorneys Use Article 106
We examine the coroner’s investigative findings, the chain of custody for medical and forensic evidence, and whether the conclusions actually support the arrest. Our firm’s background in forensic evidence is particularly valuable in these matters.
Where the investigation’s premise is weak, we challenge the arrest and the evidence that followed. See our Louisiana criminal procedure overview for how investigative arrests fit the broader process.
Frequently Asked Questions
Yes. Under Article 106, if a coroner’s investigation indicates a crime was committed by a person not in custody, the coroner may order that person’s arrest.
Yes. The arrest must be supported by investigative findings indicating a crime was committed by the person. A weak or flawed premise can be challenged.
It typically arises in homicide or unexplained-death investigations where the coroner’s office plays a central investigative role.
Charged in Louisiana? Talk to a Defense Attorney
If your case involves a coroner-ordered arrest, the procedural details can shape the entire outcome. The Ambeau Law Firm knows how to hold the State to the rules. Contact us or call (225) 330-7009 for a free, confidential consultation.