Louisiana Code of Criminal Procedure Article 213 specifies when a peace officer may make a warrantless arrest — for example, when an offense is committed in the officer’s presence or when the officer has probable cause to believe a felony occurred. Because most arrests happen without a warrant, this article is central to countless criminal cases.
What the Statute Says
Art. 213. Arrest by officer without warrant; when lawful
A. A peace officer may, without a warrant, arrest a person when any of the following occur:
(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.
(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.
B. A peace officer making an arrest pursuant to this Article who is in close pursuit of the person to be arrested may enter another jurisdiction in this state and make the arrest.
C. Notwithstanding any other provisions of law to the contrary, no magistrate shall have the authority to issue a warrant of arrest for a school employee, as defined by R.S. 17:16(G), for any misdemeanor act allegedly committed on school premises or at a school-sanctioned event during the course and scope of the school employee’s employment. In all such instances, a summons shall be issued to the school employee pursuant to Article 209 of this Code.
D.(1) Except as provided in Paragraph (2) of this Subsection, and notwithstanding any other provision of law to the contrary, no peace officer shall have the authority to arrest a school employee, as defined by R.S. 17:16(G), for any misdemeanor allegedly committed upon a student during the course and scope of the school employee’s employment regardless whether the act is alleged to have occurred on or off the school campus. In all such instances, a summons shall be issued to the school employee pursuant to Article 209 of this Code.
[Excerpt — see the full text at the official source linked below.]
La. Code Crim. Proc. — source: Louisiana State Legislature
Why Article 213 Matters to Your Defense
Article 213 matters because a warrantless arrest is lawful only if it fits one of the statute’s categories and is supported by probable cause. When officers arrest on a hunch or on facts that fall short, the arrest can be challenged and the resulting evidence suppressed.
Probable cause is the linchpin. An arrest based on insufficient or unreliable information does not satisfy Article 213, no matter how the officer characterizes it.
How Our Attorneys Use Article 213
We test the officer’s stated justification against the actual facts: was the offense committed in his presence, or did he truly have probable cause? If the arrest does not fit Article 213, we challenge it and move to suppress statements and evidence.
This analysis often dovetails with stop-and-frisk and the 48-hour rule. See our Louisiana criminal procedure overview.
Frequently Asked Questions
Under Article 213, a peace officer may arrest without a warrant in specified circumstances, such as when an offense is committed in his presence or when he has probable cause to believe a felony was committed.
Probable cause means facts and circumstances sufficient to lead a reasonable person to believe an offense has been committed by the person to be arrested. Without it, a warrantless arrest is unlawful.
Yes. If the arrest did not fit Article 213’s categories or lacked probable cause, your attorney can challenge it and seek to suppress the resulting evidence.
Charged in Louisiana? Talk to a Defense Attorney
If your case involves a warrantless 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.