TITLE V ARREST 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.
Art. 202. Warrant of arrest; issuance A. A warrant of arrest may be issued by any magistrate pursuant to this Paragraph or as provided in Paragraph D of this Article and, except where a summons is issued under Article 209 of this Code, shall be issued when all of the following occur: (1) The person […]
Art. 203. Form and contents of warrant The warrant of arrest shall: (1) Be in writing and be in the name of the State of Louisiana; (2) State the date when issued and the municipality or parish where issued; (3) State the name of the person to be arrested, or, if his name is unknown, […]
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 […]
Art. 205. Effective period A warrant of arrest remains in effect until executed.
Art. 206. Procedure when warrant defective A warrant of arrest shall not be quashed or abated, and a person in custody for an offense shall not be discharged from custody, because of any informality or defect in the warrant, but the warrant may be amended, so as to remedy the informality or defect.
Art. 207. Procedure when arrest made for offense triable in another parish When an arrest under a warrant occurs in a parish other than that in which the alleged offense was committed, the person arrested shall be booked and imprisoned in the parish where he was arrested until he gives bail or is transferred to […]
Art. 208. Summons; defined A summons is an order in writing, issued and signed by a magistrate or a peace officer in the name of the state, stating the offense charged and the name of the alleged offender, and commanding him to appear before the court designated in the summons at the time and place […]
Art. 209. When summons may be issued by magistrate When a complaint is made of the commission of a misdemeanor and the requirements of Article 202 are met, the magistrate may issue a summons instead of a warrant of arrest, if he has reasonable ground to believe that the person against whom the complaint is […]
Art. 210. Service of summons The service of a summons is made in the same manner as a citation in a civil action.
Art. 211. Summons by officer instead of arrest and booking A.(1) When it is lawful for a peace officer to arrest a person without a warrant for a misdemeanor, or for a felony charge of theft or illegal possession of stolen things when the thing of value is five hundred dollars or more but less […]
Art. 211.1. Persons with outstanding warrant; arrest or release of person A. Notwithstanding the provisions of Article 203, or any other provision of law to the contrary, when a peace officer stops a person who has an outstanding warrant or an attachment for failing to comply with a summons to appear in court on a […]
Art. 211.2. Contempt; attachment of arrest for failing to appear; summons by peace officer instead of arrest A. Notwithstanding any other provision of law to the contrary, in Orleans Parish, when a peace officer serving a subpoena, summons, or notice to appear in court for a misdemeanor traffic offense or a nonviolent offense, except for […]
Art. 211.3. Summons by officer instead of arrest and booking; improper supervision of a minor by parent or legal guardian A. When a peace officer has reasonable grounds to believe that a person has committed the offense of improper supervision of a minor by parent or legal custodian as defined in R.S. 14:92.2, he may […]
Art. 211.4. Repealed by Acts 2011, No. 403, §2.
Art. 211.5. Repealed by Acts 2011, No. 403, §2.
Art. 211.6. Repealed by Acts 2011, No. 403, §2.
Art. 212. Securing jurisdiction over corporation, partnership, or other unincorporated association A. When a corporation, or partnership, or other association of persons not incorporated, is charged with the commission of an offense, the court before which the case is to be tried shall issue a summons stating the offense charged and ordering the defendant to […]
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 […]
Art. 214. Arrest by private person; when lawful A private person may make an arrest when the person arrested has committed a felony, whether in or out of his presence.
