Louisiana Code of Criminal Procedure Article 218 sets the method of arrest without a warrant: the officer must inform the person of his authority and the reason for the arrest. These notice rules guard against arbitrary, unexplained seizures.
What the Statute Says
Art. 218. Method of arrest without warrant
A peace officer, when making an arrest without a warrant, shall inform the person to be arrested of his intention to arrest him, of his authority, and of the cause of the arrest. A private person, when making an arrest, shall inform the person to be arrested of his intention to arrest him and of the cause of the arrest.
The officer or private person making the arrest need not so inform the person to be arrested if the person is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the officer or person making the arrest has an opportunity to so inform him, or when the giving of the information would imperil the arrest.
La. Code Crim. Proc. — source: Louisiana State Legislature
Why Article 218 Matters to Your Defense
Article 218 matters because, even in a warrantless arrest, the officer must announce his authority and the cause. A failure to do so can be raised in challenging the arrest and assessing whether the person’s conduct and statements were affected.
Notice of the reason for arrest is also relevant to whether any resistance was lawful and whether later statements were voluntary.
How Our Attorneys Use Article 218
We assess whether the officer provided the authority-and-cause notice Article 218 requires, and whether any failure prejudiced our client. The method of a warrantless arrest is a legitimate area of inquiry.
This works in tandem with the substantive limits on warrantless arrests in Article 213. See our Louisiana criminal procedure overview.
Frequently Asked Questions
Under Article 218, the officer must inform you of his authority and the reason for the arrest.
Article 218 requires the officer to state the cause of the arrest, so you are informed of why you are being taken into custody.
A failure to follow Article 218 can support a challenge to the arrest and to the voluntariness of any statements you made.
Charged in Louisiana? Talk to a Defense Attorney
If your case involves the method of 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.