The Use of Force Verbal Command Hands on Soft Hands on Hard Weapon non Lethal Weapon Lethal

Types of Search Search incidental to arrest Stop and frisk Consent search Warrant

Special Cases Plain view Hot pursuit Vehicle searches Emergency situations Border and airport searches Fruit of the poisonous tree

Arrest Arrest is 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.

Officer may summon assistance A peace officer making a lawful arrest may call upon as many persons as he considers necessary to aid him in making the arrest.  A person thus called upon shall be considered a peace officer for such purposes.

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 pursuant to this Article may enter another jurisdiction in this state and make the arrest. An arrest may be made on any day and at any time of the day or night, and at any place.

Method of arrest without warrant 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; when lawful A private person may make an arrest when the person arrested has committed a felony, whether in or out of his presence.

Arrest Warrant  Be in writing and be in the name of the State of Louisiana;  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;  (6)  Be signed by the magistrate with the title of his office.  (7) A warrant of arrest remains in effect until executed.

Method of arrest by officer under warrant 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.