Arrest Procedure Louisiana

ARREST PROCEDURE LOUISIANA
 
The law relating to arrest in the State of Louisiana is governed by the Criminal Procedure Code of Louisiana.
 
Arrest means the taking of one person into custody by another. To constitute 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 him.
 
Arrest may be made either by with or without warrant.
 
ARREST WITH WARRANT

A warrant of arrest may be issued by any magistrate when:

  1. The person making the complaint executes an affidavit specifying, to his best knowledge and belief, the nature, date, and place of the offense, and the name and surname of the offender if known, and of the person injured if there be any; and
  2. The magistrate has probable cause to believe that an offense was committed and that the person against whom the complaint was made committed it.
  3. A justice of the peace shall not have the authority to issue a warrant for the arrest of a peace officer for acts performed while in the course and scope of his official duties.

A justice of the peace shall not issue a warrant for the arrest of

  1. an administrator of any public or private elementary, secondary, high school, vocational-technical school, college, university, or licensed child day care center in this state or
  2. a teacher in any public or private elementary, secondary, high school, vocational-technical school, college, or university in this state who is acting in the course and scope of his official duties,

without conducting an independent investigation into the allegations has been conducted and the investigator's findings support the allegations contained in the affidavit.

  1. A complaint is made before a magistrate of the commission of an offense in another parish, the magistrate shall also immediately notify the district attorney of the parish in which the offense is alleged to have been committed.
Method of arrest
 
A peace officer, when making an arrest by virtue of a warrant, shall inform the person to be arrested of his authority and of the fact that a warrant has been issued for his arrest, unless he flees or forcibly resists before the officer has an opportunity to inform him, or unless the giving of such information would imperil the arrest.
 
The officer need not have the warrant in his possession at the time of the arrest, but after the arrest, if the person arrested so requests, the warrant shall be shown to him as soon as practicable.
 
FORM AND CONTENTS OF WARRANT
 
The warrant of arrest shall:
  1. Be in writing and be in the name of the State of Louisiana;
  2. State the date when issued and the municipality or parish where issued;
  3. State the name of the person to be arrested, or, if his name is unknown, designate the person by any name or description by which he can be identified with reasonable certainty;
  4. State the offense charged against the person to be arrested;
  5. Command that the person against whom the complaint was made be arrested and booked; and
  6. Be signed by the magistrate with the title of his office.
The warrant of arrest may specify the amount of bail in noncapital cases when the magistrate has authority to fix bail.
 
ARREST BY OFFICER WITHOUT WARRANT

A peace officer may, without a warrant, arrest a person when:

  1. The person to be arrested has committed an offense in his presence; and if the arrest is for a misdemeanor, it must be made immediately or on close pursuit;
  2. The person to be arrested has committed a felony, although not in the presence of the officer;
  3. The peace officer has reasonable cause to believe that the person to be arrested has committed an offense, although not in the presence of the officer; or
  4. The peace officer has received positive and reliable information that another peace officer from this state holds an arrest warrant, or a peace officer of another state or the United States holds an arrest warrant for a felony offense.
A peace officer in close pursuit of a person to be arrested, who is making an arrest may enter another jurisdiction in this state and make the arrest.
 
Method of arrest
 
A peace officer, when making an arrest without a warrant, shall inform the person to be arrested of his intention to arrest him, of his authority, and of the cause of the arrest. A private person, when making an arrest, shall inform the person to be arrested of his intention to arrest him and of the cause of the arrest.
 
The officer or private person making the arrest need not so inform the person to be arrested if the person is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the officer or person making the arrest has an opportunity to so inform him, or when the giving of the information would imperil the arrest.
 
ARREST BY PRIVATE PERSON
 
A private person may make an arrest when the person arrested has committed a felony, whether in or out of his presence.
 
PROCEDURE WHEN ARREST MADE FOR OFFENSE TRIABLE IN ANOTHER PARISH
 
When an arrest under a warrant occurs in a parish other than that in which the alleged offense was committed, the person arrested shall be booked and imprisoned in the parish where he was arrested until he gives bail or is transferred to the parish where the offense is alleged to have been committed. A person awaiting transfer shall not be detained in custody in the parish of his arrest for a longer period than ten days.