2.3 Louisiana Arrest & Detention Laws (C.Cr.P.)

Louisiana Arrest & Detention Laws (C.Cr.P.)

Introduction to the Code of Criminal Procedure

While Title 14 defines the crimes themselves, the Louisiana Code of Criminal Procedure (C.Cr.P.) governs the rules and processes that law enforcement, prosecutors, and courts must follow. For law enforcement officers, C.Cr.P. Articles 201 through 232 are of paramount importance as they dictate the lawful parameters of arrest, detention, and the immediate post-arrest process. Strict adherence to these procedures is necessary to protect citizens' rights and ensure the admissibility of evidence.

Defining an Arrest

Under C.Cr.P. Art. 201, an arrest is defined as the taking of one person into custody by another. To constitute an arrest, there must be an actual restraint of the person. The restraint may be imposed by force or may result from the submission of the person arrested to the custody of the one arresting them.

• An arrest is a seizure under the 4th Amendment and requires probable cause.
• The officer does not have to state "you are under arrest" for an arrest to occur; if a reasonable person in the suspect's position would feel that their freedom of movement is completely restricted, an arrest has effectively taken place.

Lawful Arrests: With and Without a Warrant

Arrest With a Warrant

A warrant of arrest is a written order, signed by a magistrate, commanding a peace officer to arrest a specific person. It is issued based upon an affidavit establishing probable cause. An officer executing a warrant may make the arrest on any day and at any time of the day or night.

Warrantless Arrests (C.Cr.P. Art. 213)

Law enforcement officers make the vast majority of arrests without a warrant. Under Article 213, a peace officer may arrest a person without a warrant when:

1. The person has committed an offense in the officer's presence. (If it's a misdemeanor, the arrest must be made immediately or on close pursuit).
2. The person has committed a felony, although not in the presence of the officer.
3. The officer has reasonable cause (probable cause) to believe that the person to be arrested has committed an offense, although not in the officer's presence.
4. The officer has received positive and reliable information that a warrant for the arrest has been issued.

Misdemeanor vs. Felony Warrantless Arrest Rules

• Felonies: Officers have broad authority to make warrantless arrests for felonies based on probable cause, regardless of whether the crime occurred in their presence.
• Misdemeanors: Traditionally, for a warrantless misdemeanor arrest, the offense had to occur in the officer's presence. While Louisiana allows warrantless arrests for misdemeanors not in the officer's presence if there is probable cause (Art. 213(3)), officers must be cautious and often issue a summons instead, especially for minor violations.

Terry Stops and Frisks (C.Cr.P. Art. 215.1)

Not all detentions are arrests. A brief investigatory detention, commonly known as a "Terry Stop" (from Terry v. Ohio), is governed by C.Cr.P. Art. 215.1.

• Standard: An officer may stop a person in a public place whom they reasonably suspect is committing, has committed, or is about to commit an offense. "Reasonable suspicion" is a lower standard than probable cause but requires specific, articulable facts—not just a hunch.
• Questioning: The officer may demand the person's name, address, and an explanation of their actions.
• Frisk: If the officer reasonably suspects that they are in danger, they may conduct a limited pat-down search of the outer clothing for weapons. A frisk is not a search for evidence or drugs; it is strictly for officer safety. If a weapon is felt, it may be seized.

Summons in Lieu of Arrest (C.Cr.P. Art. 211)

To conserve jail resources and officer time, Louisiana law requires or permits officers to issue a written summons instead of making a custodial arrest for certain offenses.

• A summons is a written notice to appear in court at a specific time and place.
• For most misdemeanor offenses (other than domestic violence, DWI, etc.), an officer shall issue a summons instead of arresting the person if the officer has reasonable grounds to believe the person will appear, the person has no outstanding warrants, and the person is not a danger to themselves or others.

Use of Force in Making an Arrest (C.Cr.P. Art. 220)

A person shall submit peaceably to a lawful arrest. The person making a lawful arrest may use reasonable force to effect the arrest and detention, and also to overcome any resistance or threatened resistance. However, the use of excessive or unreasonable force is unlawful and subjects the officer to civil liability and criminal prosecution.

Post-Arrest Rights & Booking (Art. 228-230)

Once an arrest is made, strict timelines and procedures apply:

• Booking (Art. 228): The arrested person must be booked promptly. This involves recording their name, the offense, and photographing/fingerprinting them.
• Right to Phone Calls (Art. 229): The person must be permitted to make phone calls to communicate with counsel, family, or friends.
• Rights of the Arrested Person (Art. 230): From the moment of arrest, the person has the right to procure counsel.
• 48-Hour Probable Cause Determination (Art. 230.2): After a warrantless arrest, if the person remains in custody, a magistrate must determine probable cause within 48 hours of arrest. The officer must promptly complete and submit a probable-cause affidavit. This determination is not an adversary hearing and may be made without the defendant's presence on affidavits or other written evidence. If the determination is not timely, the arrested person shall be released on recognizance (subject to rearrest on a later warrant based on probable cause).
• 72-Hour Appearance for Counsel (Art. 230.1): Separately, the sheriff or officer having custody must bring the arrested person before a judge within 72 hours of arrest for appointment of counsel. Saturdays, Sundays, and legal holidays are excluded from that 72-hour computation. The court may also fix bail at that appearance. Do not treat the Art. 230.1 counsel appearance as the Art. 230.2 probable-cause clock.

Mastering these procedures ensures that officers act within the bounds of the law, safeguarding the constitutional rights of the public while effectively carrying out their law enforcement duties.