Could a city court probation officer arrest a misdemeanor probationer under supervision?

Plain-English summary

An Eunice City Court judge asked whether court-appointed officers supervising misdemeanor probationers had peace-officer powers. In Opinion 03-0221, the AG said they were peace officers for work incident to supervising the people assigned to them, including arrests.

The opinion relied on Louisiana Code of Criminal Procedure article 899(F) and earlier Opinion 83-226. It said probation and parole officers could act as peace officers in matters concerning their supervisees, including arrests, searches, and warrants, but not toward the public generally. The conclusion therefore depended on the officer's supervisory relationship with the person involved.

Currency note

The full issue date is not legible in the available official extract. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

What the opinion meant at issuance

City court probation officers

The AG said peace-officer status applied incident to supervision of assigned probationers. It did not describe a general law-enforcement commission over people outside that relationship.

City court

The answer concerned court-appointed probation officers in misdemeanor cases. The AG treated the scope of their arrest authority as tied to the probationers they supervised.

Common questions

Q: Could a probation officer arrest someone under that officer's supervision?
A: Yes. The AG said an officer could make arrests incident to supervising assigned probationers.

Q: Did that make probation officers peace officers for every member of the public?
A: No. The opinion limited their peace-officer powers to matters involving probationers or parolees they supervised.

Q: Did the opinion mention powers beyond arrest?
A: Yes. In discussing earlier Opinion 83-226, it referred to searches, serving warrants, and enforcing state law in relation to supervisees.

Background and statutory framework

The judge's question concerned probation officers appointed by a city court to supervise misdemeanor cases. The AG cited Louisiana Code of Criminal Procedure article 899(F) and LSA-R.S. 40:2402, and described its earlier Opinion 83-226 on probation and parole officers' limited peace-officer powers.

Citations and references

Statute cited: LSA-R.S. 40:2402. Code provision discussed: Code of Criminal Procedure article 899(F). Earlier opinion: La. Attorney General Opinion No. 83-226.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0221

Original opinion text

P.O. BOX 94095
DEPARTMENT OF JUSTICE
BATON ROUGE, LA 70804-9095
RICHARD P. IEYOUB CRIMINAL DIVISION Telephone:
ATTORNEY GENERAL
(225) 342-7552
FAX:
JUN 0 2003 (225) 342-7893
OPINION 03-0221

Lynette Y. Feucht, Judge
Eunice City Court 60 LAW OFFICERS - Authority and Jurisdiction

300 South Second Street
LSA-R.S. 40:2402; C.Cr.P. art. 899 (F)
P.O. Box 591
Eunice, Louisiana 70535
Probation officers are deemed to be peace officers. They may make
arrests incident to their supervision of those they are assigned to supervise.
Dear Judge Feucht:

This office is in receipt of your opinion request wherein you asked whether court appointed probation officers supervising misdemeanor cases inherit the powers of and are deemed to be peace officers as defined in Code of Criminal Procedure article 899?

Louisiana Code of Criminal Procedure article 899 (F) states that probation officers are deemed to be peace officers incident to their supervision of probationers. La. Attorney General Opinion No. 83-226 explained this language. This office stated in that opinion that probation and parole officers are entitled to act as peace officers only during instances concerning probationers and parolees. These statutory provisions do not allow probation and parole officers to act as peace officers in regard to the entire public citizenry. However, as noted in the previously referenced opinion, probation officers may make arrests, execute searches, serve warrants and execute the laws of this State in regard to those they are supervising and are "peace officers" as provided for in LSA-R.S. 40:2402.

Therefore, it is the opinion of this office that probation officers are deemed to be peace officers.
They may make arrests incident to their supervision of those they are assigned to supervise.

If the office can be of further assistance, please do not hesitate to contact us.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

PAUL KNIGHT ~’
ASSISTANT DISTRICT ATTORNEY
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