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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)
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Case Details

Case Name: Opinion Number
Court Name: Louisiana Attorney General Reports
Date Published: Dec 21, 2010
Court Abbreviation: La. Att'y Gen.