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Being Arrested

La. C.Cr.P. art. 230.1 — before a judge within 72 hours, not counting weekends and holidays, or released

An arrest is the taking of one person into custody by another, with an actual restraint of the person. A person submits peaceably to a lawful arrest, and the officer may use reasonable force to make it and to overcome resistance.

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  • Without a warrant, an officer may arrest for an offense committed in his presence, for a felony, or on reasonable cause to believe the person committed an offense.
  • An officer arresting without a warrant tells the person of the intent to arrest, his authority, and the cause, unless the person is fleeing or resisting or telling would imperil the arrest.
  • For a misdemeanor, an officer may issue a written summons instead of arresting, when the person will likely appear and no booking is needed.
  • For domestic abuse battery, a protective order violation, stalking, or force against a family or household member or dating partner, the officer makes a custodial arrest.

Seventy-two hours. The person arrested is brought before a judge promptly, and within 72 hours not counting weekends and legal holidays, for the appointment of counsel. If that does not happen, the person is released on his own recognizance.

  • La. C.Cr.P. art. 230.1

After announcing authority and purpose and being refused entry, an officer may break open a door or window to make an arrest where the person is reasonably believed to be.

Several rules about an arrest come from the Supreme Court of the United States rather than from this state's code. It has held that before questioning a person in custody, officers must warn that the person may remain silent, that anything said can be used against them, and that they have a right to a lawyer, appointed if they cannot afford one; that a person arrested without a warrant is entitled to a prompt decision by a judge on whether there was probable cause; and that officers generally need a warrant to search the data on a phone taken from a person they arrested. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.

  • Miranda v. Arizona
  • County of Riverside v. McLaughlin
  • Riley v. California
Sources for this section (10)
  1. La. C.Cr.P. art. 201 — Arrest defined
  2. La. C.Cr.P. art. 213 — Arrest by officer without warrant; when lawful
  3. La. C.Cr.P. art. 218 — Method of arrest without warrant
  4. La. C.Cr.P. art. 220 — Submission to arrest; use of force
  5. La. C.Cr.P. art. 224 — Forcible entry in making arrest
  6. La. C.Cr.P. art. 230.1 — Maximum time for appearance before judge for the purpose of appointment of counsel; court discretion to fix bail at the appearance; extension of time limit for cause; effect of failure of appearance
  7. La. C.Cr.P. art. 211 — Summons by officer instead of arrest and booking
  8. Miranda v. Arizona, 384 U.S. 436 (1966) — Right to remain silent and to counsel during custodial interrogation
  9. County of Riverside v. McLaughlin, 500 U.S. 44 (1991) — Probable cause review generally within 48 hours of a warrantless arrest
  10. Riley v. California, 573 U.S. 373 (2014) — Police need a warrant to search a phone seized during an arrest

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Louisiana attorney.

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