When can a private citizen make a citizen's arrest in Louisiana?
1. Statutory Authority
Louisiana codifies citizen's arrest at La. Code Crim. Proc. art. 214: "A private person may make an arrest when the person arrested has committed a felony, whether in or out of his presence."
2. Felony Standard
Louisiana's article 214 is felony-only and requires that a felony actually have been committed. There is no statutory authority for misdemeanor citizen's arrest. The standard is strict - mistake about whether a felony occurred is not excused.
3. Misdemeanor Standard
Louisiana law does not authorize citizen's arrest for misdemeanors. Citizens may only act as witnesses or restrain to prevent ongoing violence under self-defense principles.
4. Georgia Post-Arbery Comparison
Georgia repealed its broad citizen's arrest statute via HB 479 in May 2021 after Ahmaud Arbery's killing. Louisiana's article 214 is already narrower than Georgia's repealed law (felony-only, no misdemeanor authority).
5. Force Permitted
La. Rev. Stat. § 14:19 permits reasonable, non-deadly force in lawful arrest. Deadly force in defense of a person is governed by § 14:20 and is restricted to imminent danger of losing life or receiving great bodily harm, or to prevent enumerated forcible felonies.
6. Hand-Off Duty
Under La. Code Crim. Proc. art. 215, the arrestee must be delivered without unnecessary delay to a peace officer.
7. Risks
False imprisonment (La. Rev. Stat. § 14:46), simple/aggravated kidnapping (§§ 14:44, 14:45), battery, and civil tort liability for false arrest and battery.
8. Shopkeeper's Privilege
La. Code Crim. Proc. art. 215 specifically authorizes merchants, security officers, and law enforcement to detain on reasonable cause to believe theft of goods has occurred, for a reasonable length of time, with immunity from civil/criminal liability.
9. Stand-Your-Ground / Castle Doctrine
La. Rev. Stat. § 14:19(C) provides no-duty-to-retreat. § 14:20 includes the "shoot the carjacker" provision. These are independent of arrest authority.
10. Practical Recommendation
Louisiana attorneys advise calling 911. The narrow felony-only rule means any misdemeanor "citizen's arrest" is unlawful, exposing the citizen to false imprisonment and possible kidnapping charges.
This is legal information, not legal advice.
- You face false imprisonment or kidnapping charges after a citizen's arrest
- You are sued for false arrest or battery in civil court
- You operate retail and rely on art. 215 shopkeeper detention authority
- La. Code Crim. Proc. art. 214
- La. Code Crim. Proc. art. 215
- La. Rev. Stat. § 14:19
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.