Opinion Number
Background
- State AG opinion addresses duties of a parish coroner in death investigations for District 71.
- Statutes governing coroners are La. Rev. Stat. Title 33, §§1551-1645; §1567 governs retention of decedent’s personal effects.
- Coroner must take charge of personal effects at death scene and later return them to lawful owner when no longer needed for proceedings.
- Coroner has duty to collect property/evidence related to cause of death or identity of deceased; law enforcement may collect non-body items, and may act at coroner’s request if refused.
- No prescribed process for removal of items; policy is left to each coroner’s office after law enforcement declines to collect items.
- Policy considerations include maintaining chain of custody for admissibility in criminal proceedings; guidance from cited cases and prior opinions informs procedures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to remove property during a death investigation | N/A | N/A | Coroner may remove/collect only as allowed; primary authority rests with law enforcement, but coroner may act when refused. |
| Legal process for removal from a death scene | N/A | N/A | No formal statutory process; coroner policy governs removal when law enforcement declines. |
| Duties regarding inventory/listing of property | N/A | N/A | Statute lacks inventory requirements; policy governs listing; chain of custody recommended to preserve admissibility. |
| Disposal of contraband/substances and family rights | N/A | N/A | Disposal governed by general criminal-disposition statutes; contraband may be court-ordered disposed; some items not returnable to kin. |
Key Cases Cited
- State v. Castro, 40 So. 3d 1036 (La. App. 5 Cir. 2010) (discusses chain of custody requirements for evidence)
- State v. Arita, 900 So.2d 37 (La. App. 5 Cir. 2005) (illustrates evidentiary custody principles)
- State v. Beaner, 974 So.2d 667 (La. App. 2 Cir. 2007) (addresses custody and admissibility considerations)
