Louisiana Code of Criminal Procedure Article 204 governs the execution of an arrest warrant — it is directed to all peace officers in the state and must be executed by a peace officer. How a warrant is carried out can matter as much as whether it was valid in the first place.
What the Statute Says
Art. 204. Execution of warrant
The warrant shall be directed to all peace officers in the state. It shall be executed only by a peace officer, and may be executed in any parish by any peace officer having authority in the territorial jurisdiction where the person arrested is found, or by any peace officer having authority in one territorial jurisdiction in this state who enters another jurisdiction in close pursuit of the person arrested.
La. Code Crim. Proc. — source: Louisiana State Legislature
Why Article 204 Matters to Your Defense
Article 204 matters because an arrest warrant must be executed by an authorized peace officer and in accordance with law. Execution by an unauthorized person, or in an unlawful manner, can give rise to a defense challenge.
The details of execution — who, where, and how — can affect the legality of the arrest and the admissibility of anything obtained during it.
How Our Attorneys Use Article 204
We confirm the warrant was executed by an authorized officer and in a lawful manner. Procedural missteps in execution can support challenges to the arrest and the evidence that followed.
We pair this analysis with scrutiny of the warrant’s validity under Article 202. See our Louisiana criminal procedure overview for the full picture.
Frequently Asked Questions
Under Article 204, the warrant is directed to all peace officers in the state and may be executed only by a peace officer.
The warrant is directed to all peace officers in the state, and Article 204 addresses where and how it may be executed. The specifics can be important to a defense.
Yes. Unlawful or unauthorized execution can support challenges to the arrest and to evidence obtained during it.
Charged in Louisiana? Talk to a Defense Attorney
If your case involves execution of an arrest warrant, 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.