Louisiana Code of Criminal Procedure Article 201 defines arrest as the taking of one person into custody by another, requiring an actual restraint of the person. This deceptively simple definition often decides when constitutional protections kick in.
What the Statute Says
Art. 201. Arrest defined
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.
La. Code Crim. Proc. — source: Louisiana State Legislature
Why Article 201 Matters to Your Defense
Article 201 matters because the moment of arrest triggers important rights and obligations — including the need for probable cause and the protections that follow custody. Pinpointing exactly when an “arrest” occurred can be outcome-determinative.
Police sometimes treat an encounter as a mere stop when, in substance, it was a full arrest requiring probable cause. The actual-restraint standard helps the defense show when that line was crossed.
How Our Attorneys Use Article 201
We analyze the totality of the encounter to determine when actual restraint began, then test whether the State had probable cause at that moment. If not, the arrest — and the evidence flowing from it — may be challenged.
This definition also interacts with stop-and-frisk law, where the question is whether a brief detention ripened into a custodial arrest. See our Louisiana criminal procedure overview.
Frequently Asked Questions
Under Article 201, an arrest occurs when one person takes another into custody with an actual restraint of the person. The restraint can be physical or by submission to authority.
The moment of arrest triggers the requirement of probable cause and other protections. If police lacked probable cause when restraint began, the arrest may be unlawful.
Not necessarily. A brief investigatory stop is not a full arrest, but if the detention amounts to actual restraint in custody, it may qualify as an arrest requiring probable cause.
Charged in Louisiana? Talk to a Defense Attorney
If your case involves the legality of an arrest, the procedural details can shape the entire outcome. The Ambeau Law Firm knows how to hold the State to the rules. Contact us or call (225) 330-7009 for a free, confidential consultation.