Louisiana Code of Criminal Procedure Article 215.1 governs the “stop and frisk” — the brief, on-the-street detention and pat-down that often begins a criminal case. It is the Louisiana codification of the United States Supreme Court’s decision in Terry v. Ohio, and it draws the constitutional line police must respect before they stop, question, or search you. Because so many arrests grow out of these encounters, Article 215.1 is one of the most important procedural tools in a Louisiana criminal defense.
What the Statute Says
Art. 215.1. Temporary questioning of persons in public places; frisk and search for weapons
A. A law enforcement officer may stop a person in a public place whom he reasonably suspects is committing, has committed, or is about to commit an offense and may demand of him his name, address, and an explanation of his actions.
B. When a law enforcement officer has stopped a person for questioning pursuant to this Article and reasonably suspects that he is in danger, he may frisk the outer clothing of such person for a dangerous weapon. If the law enforcement officer reasonably suspects the person possesses a dangerous weapon, he may search the person.
C. If the law enforcement officer finds a dangerous weapon, he may take and keep it until the completion of the questioning, at which time he shall either return it, if lawfully possessed, or arrest such person.
D. During detention of an alleged violator of any provision of the motor vehicle laws of this state, an officer may not detain a motorist for a period of time longer than reasonably necessary to complete the investigation of the violation and issuance of a citation for the violation, absent reasonable suspicion of additional criminal activity. However, nothing herein shall prohibit a peace officer from compelling or instructing the motorist to comply with administrative or other legal requirements of Title 32 or Title 47 of the Louisiana Revised Statutes of 1950.
La. Code Crim. Proc. — source: Louisiana State Legislature
Why Article 215.1 Matters to Your Defense
Article 215.1 limits when an officer may detain you. A stop is lawful only when the officer can point to specific, articulable facts giving rise to a reasonable suspicion that you are committing, have committed, or are about to commit an offense. A hunch, your presence in a “high-crime area,” or nervousness alone is not enough. When the State cannot justify the initial stop, everything discovered afterward — statements, contraband, weapons — may be suppressed as fruit of an unlawful detention.
The statute also restricts the scope of any pat-down. A frisk is limited to a search of the outer clothing for weapons, and only when the officer reasonably suspects he is in danger. An officer who exceeds that limited purpose — manipulating objects to identify drugs, reaching into pockets without justification — conducts an unlawful search. Paragraph D further caps traffic detentions at the time reasonably necessary to complete the investigation and issue a citation, absent reasonable suspicion of additional crime, which is a frequent battleground in DWI and drug cases.
How Our Attorneys Use Article 215.1
When we review a case that began with a street or traffic stop, we examine the officer’s stated justification against the body-camera footage, dispatch records, and police reports. If the facts do not add up to reasonable suspicion, we file a motion to suppress under Article 215.1 and the Fourth Amendment. A successful motion can gut the prosecution’s case, often leading to reduced charges or outright dismissal.
We also use Article 215.1 to cross-examine officers at suppression hearings, pinning down exactly what they observed and when. The burden is on the State to prove the stop and frisk were lawful, and careful litigation of these issues protects clients long before trial. To understand how this fits into the larger process, see our Louisiana criminal procedure overview.
Frequently Asked Questions
A stop is a brief, investigatory detention based on reasonable suspicion; an arrest requires probable cause. Article 215.1 authorizes only the limited stop and weapons frisk. If an officer’s “stop” becomes a full custodial arrest without probable cause, the detention may be unlawful.
Generally no. A frisk under Article 215.1 is limited to a pat-down of outer clothing for weapons. An officer may not reach into your pockets unless the pat-down reveals what is immediately apparent as a weapon or contraband, or unless another exception applies. Searches that exceed this scope are frequently challenged.
Under Paragraph D, an officer may not hold a motorist longer than reasonably necessary to investigate the violation and issue a citation, unless the officer develops reasonable suspicion of additional criminal activity. Prolonging a stop without that justification can render any later search unlawful.
If the initial stop or frisk violated Article 215.1, your attorney can move to suppress the evidence that resulted from it. When key evidence is suppressed, the State may be unable to proceed, which can lead to dismissal or a favorable plea.
Charged in Louisiana? Talk to a Defense Attorney
If your case started with a stop, frisk, or search, the legality of that encounter may decide the outcome. The Ambeau Law Firm has extensive experience litigating suppression issues under Article 215.1. Contact us or call (225) 330-7009 for a free, confidential consultation.