What Are the Key Differences Between Aggravated Robbery and Aggravated Burglary?
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What is Considered an Arrest in Louisiana?
An arrest in Louisiana is defined as restraining a person through force or voluntary submission and taking them into custody. An individual may be arrested for several reasons, some of which are:
- Committing an act of violence against another person
- Stalking or repeatedly making unwanted physical contact
- Trespassing, breaking, or remaining unlawfully on another person's property
- Violating a court order
- Failing to appear for a court summons
- Operating a vehicle under the influence of alcohol or drugs
- Possessing and/or distributing illegal drugs and controlled substances
- Engaging in disorderly conduct in public spaces
Arrests and arrest procedures in Louisiana are governed by the Louisiana Code of Criminal Procedure (CCRP) – primarily Articles 201 through 234 - and relevant constitutional principles, such as those in the Fourth Amendment, which protects individuals against unreasonable searches and seizures. Per these laws, the following elements are generally critical to an arrest in the state:
- Custody and Control: an individual is said to be arrested in Louisiana once they are taken into custody. When this happens, the person loses their right to leave freely, and the arresting officer generally becomes responsible for controlling them.
- Legal Authority: the Louisiana Code of Criminal Procedure grants law enforcement officers the legal authority to make arrests, with or without a warrant. Warrantless arrests are only allowed in specific instances, such as when an officer directly witnesses a crime or when there is probable cause to believe that one has been committed (CCRP 213). Article 231 of the CCRP also authorizes out-of-state law enforcement officers in pursuit of a suspected felon to carry out an arrest in Louisiana if the person enters the state.
- Miranda Rights: Article 218.1 of the CCRP generally mandates law enforcement officers to fully inform an arrestee of the reason for their arrest. They must also advise them of their right to remain silent, their right against self-incrimination, their right to legal counsel, and to have a court-appointed attorney if they cannot afford one of their choosing. CCRP 230 goes a step further by ensuring that the arrestee has the immediate right to speak with an attorney and to make a phone call or send a message to friends or an attorney once arrested. These rights are based on the Miranda ruling as established by the landmark U.S. Supreme Court case Miranda v. Arizona (1966).
- Restraint and Transportation: restraint is a crucial part of the arrest process in Louisiana. Per Article 201 of the CCRP, a person under arrest must be restrained; this may either be done through the use of reasonable force (if the person resists or threatens to resist) or through their voluntary submission to the arresting officer. Once the arrestee is restrained, they must be promptly transported to the nearest jail or police station for booking (CCRP 228).
- Booking Process: once the arrestee has been transported to a jail or police station, they undergo the booking process. This involves documenting their name, the charge(s) that led to their arrest, the name of the arresting officer, and a brief description of the events leading to the arrests. They are also fingerprinted and photographed and then placed in a holding cell until they are arraigned or bond is posted, depending on the circumstances of the case. In situations where the person was arrested for violating a state statute, the arresting officer must also notify the district attorney in writing within 48 hours (CCRP 229).
It should be noted that, despite the similarities between the two, detentions and arrests in Louisiana are not the same. Detention occurs when a person is temporarily stopped by law enforcement, such as during a traffic stop or for routine questioning. Per Article 215.1 of the CCRP, a law enforcement officer only needs reasonable suspicion of criminal activity to justify this action, and they also have the right to frisk the person for weapons during this time. However, a person who is detained is typically free to leave unless probable cause arises during the encounter to escalate the situation into an arrest – this is the main difference between a detention and an arrest; with an arrest, the person's right to freely leave is revoked.
What is Unlawful Arrest in Louisiana?
In Louisiana, unlawful arrests (also called false or wrongful arrests) generally occur when a law enforcement officer takes an individual into custody without legal justification or in violation of the state's criminal procedures. These types of arrests infringe on the individual's rights as recognized under both state and federal law and are typically characterized by the following factors:
- Lack of Probable Cause: for an arrest to be lawful in Louisiana, the arresting officer must have probable cause to believe that the individual has committed, is committing, or is about to commit a crime. If the arrest is made without this legal justification, it may be considered a false arrest.
- Violation of Constitutional Rights: an arrest made in violation of a person's constitutional rights is generally deemed wrongful. This includes arrests made without proper legal justification, which violate the person's Fourth Amendment right against unreasonable searches and seizures.
- Racial Profiling and Discrimination: arrests made based on a person's race, ethnicity, or appearance, rather than actual criminal behavior, violate both state and federal anti-discrimination laws and are typically deemed unlawful.
- Procedural Violations: law enforcement officers have to follow certain procedures when making an arrest, typically such as properly identifying themselves, informing the arrestee of their rights (against self-incrimination and to proper legal counsel), and bringing the individual before a judge within 72 hours of the arrest. An arrest may be considered unlawful if these procedures aren"t correctly followed.
- Arrest Without a Warrant: while Louisiana law (CCRP 213 to 215) generally permits warrantless arrests in certain situations, such as when a crime is committed in the presence of an officer or when there is probable cause for a felony, these arrests must adhere to strict legal standards. Arrests without a warrant outside of these stipulated circumstances are likely to be considered unlawful.
- Mistaken Identity: arrests made based on mistaken identity or incorrect information may result in claims of false arrest in Louisiana.
Some outcomes of unlawful arrests in Louisiana may include:
- Civil Lawsuits: victims of an unlawful arrest may file civil lawsuits against the arresting officer, their department, or other relevant governmental entities for violations of their civil rights under U.S. Code Title 42, Section 1983 (or other applicable state statutes). These lawsuits, if successful, typically result in compensation for damages such as loss of freedom, emotional distress, or financial loss resulting from the arrest.
- Exclusion of Evidence: evidence obtained from unlawful arrests is typically inadmissible in court (per the Fourth Amendment exclusionary rule). For instance, if an individual was arrested without probable cause and interrogated without being read their Miranda rights, any statements they made may be excluded from trial. Similarly, any physical evidence obtained as a result of a false arrest may be thrown out.
- Criminal Charges Against Officers: in some instances, the officers involved in an unlawful arrest may face false imprisonment charges under Louisiana Revised Statutes Section 14:46; this offense is punishable by up to $200 in fines, six months in jail, or a combination of fines and jail time.
Are Arrest Records Public in Louisiana?
Per Louisiana Revised Statutes Title 44 (known as the state's Public Records Law), arrest records in Louisiana are generally considered public and may be accessed by any interested party, albeit with certain restrictions.
Some of the publicly accessible information contained in Louisiana arrest records may include:
- The name of the arrestee
- The charges(s) that led to the arrest
- The name of the arresting officer
- The date and location of the arrest
- A brief description of the events leading up to the arrest
- The names of other individuals arrested at the same time or as a result of the same events
Booking photographs (mugshots) are also considered public information in Louisiana. However, per CCRP 234, platforms that charge a fee to remove a booking photo or make money primarily by publishing these photos must delete the mugshots of individuals who were acquitted, not prosecuted, or had their charge expunged, vacated, or pardoned. This must be done within seven days of the person providing proof of this outcome and at no cost to the person.
On the other hand, the following types of arrest records and/or arrest-related information are typically restricted from public access in Louisiana:
- Records of juvenile offenders and victims under 18
- Information that can reveal the identity, contact information, or address of sex offense and human trafficking victims
- Information that can reveal the address or contact information of victims of family, household, or dating partner-related crimes
- Records that would reveal the identity of confidential informants and information that could reveal the identity of undercover officers
- Records related to ongoing or anticipated criminal cases (these are restricted until the case is resolved)
- Expunged records
What are the Types of Arrest Records in Louisiana?
Information on arrests in Louisiana is generally created and maintained by local law enforcement agencies, such as parish sheriff's offices and municipal police departments, as well as at the state level by agencies like the Louisiana State Police (LSP). Local-level arrest records are generally limited to specific jurisdictions and contain details of a single arrest, which typically include the arrestee's personal information, the offense, the date and location of the arrest, and the arresting officer's details. On the other hand, state-level arrest records maintained by the LSP are typically referred to as "criminal history reports," and they provide a more comprehensive view of an individual's interactions with the criminal justice system across the entire state (as opposed to local records that are location-specific). To this end, these criminal history reports typically include arrest information and other details like convictions and sentences arising from the arrest.
Where are Arrest Records Kept in Louisiana?
Agencies involved in the arrest, detainment, and housing of individuals who have come in contact with the criminal justice system in Louisiana typically maintain copies of arrest records. These agencies include:
- Parish Sheriff's Offices and Local Police Departments: local law enforcement agencies in Louisiana manage and maintain records of all arrests booked in their jurisdictions; some of these agencies also keep records of arrest warrants and attachment files generated by their respective judicial district courts.
- The Louisiana State Police (LSP): the LSP's Bureau of Criminal Identification and Information serves as Louisiana's primary repository for criminal history information and maintains comprehensive records that typically include arrest and conviction histories for individuals who have come in contact with the state's criminal justice system.
- The Louisiana Judicial Branch: courts in Louisiana maintain records of legal proceedings (such as arraignments, trials, and sentencing hearings) resulting from arrests.
- The Louisiana Department of Public Safety & Corrections (DPS&C): DPS&C keeps detailed records of individuals who are convicted and incarcerated following their arrest. These records typically include information about the individual's incarceration location and custody status; the department also provides updates on parole status and expected release dates.
- Federal Agencies: federal agencies like the FBI maintain records on individuals investigated and arrested for federal crimes committed in Louisiana. Likewise, the Federal Bureau of Prisons (BOP) keeps records of individuals incarcerated in the federal correctional complexes at Oakdale and Pollock.
How To Find Public Arrest Records in Louisiana?
Interested parties may access public arrest records in Louisiana through various methods, such as:
- Through Parish Sheriff's Offices and Police Departments: the most direct method of accessing arrest records in Louisiana is by contacting the parish sheriff's office or the local police department where the arrest was made. While the procedure for accessing these records may vary depending on the agency, it largely involves submitting a formal written request and paying the stipulated copy fees; some agencies may provide online portals for accessing and/or requesting copies of arrest records. It should be reiterated that local law enforcement agencies only keep records of arrests booked within their specific jurisdictions, so contacting the appropriate agency is crucial to getting the required records.
- Through the Louisiana Courts: interested parties may also get information on arrests that lead to legal proceedings through the Louisiana Judicial Branch. Each parish's court keeps records of criminal cases (which typically include information about the arrest that led to a trial or conviction), and these records may be accessed by contacting the clerk of court in the parish where the case was heard. The Louisiana Clerks of Court Association also maintains an eClerksLA platform that may be used to access these records online; however, a user account must first be created (at no cost) to utilize this option.
- Through the Louisiana State Police: under Louisiana Revised Statutes Section 15:588, interested parties (or their authorized representatives) may obtain certified copies of their criminal history report from the LSP's Bureau of Criminal Identification and Information. Requesters generally must submit their fingerprints and pay a fee (determined by where the person is fingerprinted). Queries may be directed to the bureau at (225) 925-6095.
- Through a Third-Party Website: third-party websites like RecordsFinder generally offer access to public arrest records nationwide, including Louisiana. These websites compile data from multiple sources, including public government databases, and allow users to search for required records by name or location. However, it should be noted that these platforms may not always have the most up-to-date or complete information, as they are not typically affiliated with official government agencies.
How Long Do Arrests Stay on the Record in Louisiana?
Arrests generally remain on a person's record indefinitely unless they are expunged. If expunged, the record typically is removed from public databases and will not show up in most background checks, though it may still be accessible for certain legal purposes.
How To Seal or Expunge an Arrest Record in Louisiana?
In Louisiana, expungement refers to the process of restricting access to a person's criminal record so that it is no longer available to the public. It should be noted that expunged records are not destroyed; they are only removed from public access but typically remain visible to certain government agencies (including law enforcement).
The legal framework for expungements in Louisiana is outlined in Articles 971 to 986 of the Louisiana Code of Criminal Procedure. Per this law, records of non-conviction cases may be expunged at any time (after the disposition), while non-violent misdemeanor or felony convictions may be expunged after a mandatory waiting period (following the completion of the sentence). While this waiting time is five years for misdemeanors and 10 years for felonies, certain cannabis-related first-time offenses may be expunged within 90 days. Likewise, individuals arrested for DUI-related offenses who are placed into a pretrial diversion program must also wait at least five years after the date of the arrest before requesting an expungement.
Note that the individuals seeking expungements are generally required to remain crime-free during the waiting period. Also, certain crimes are ineligible for expungement. These typically include sex offenses, stalking, crimes involving minors, and violent offenses.
Individuals who meet the eligibility criteria and wish to have their records expunged must file a petition with the court that handled the case and pay the stipulated fees (usually waived for cases that ended in an acquittal or dismissal). The court then serves a notice to the relevant district attorney, law enforcement agency, and the Louisiana Bureau of Criminal Identification and Information, all of whom are entitled to file a motion objecting to the expungement.
If the court grants the expungement, it will order all relevant agencies to remove the record (but not destroy it), and the individual may legally deny being arrested or convicted. However, even though expunged records are 'sealed" from public view, they may still be accessed by criminal justice agencies (including law enforcement and prosecutors), certain licensing boards, and individuals with a valid court order granting them access to the record.
