Louisiana Jury Instructions–Civil and Criminal
CHAPTER 2 Criminal Jury Instructions
XXIII. Defenses to a Criminal Charge
A. Justification

§ 23.03 Reasonable Accomplishment of an Arrest

The Defendant’s conduct, otherwise criminal, is justified when the conduct is a reasonable accomplishment of an arrest which is authorized under the law. An arrest is authorized by the law under the following circumstances:

Use appropriate/applicable language:

[A private citizen may arrest if the person arrested has committed a felony.]

[A private citizen may, when called upon by a peace officer, aid in the arrest of a person.]

[A peace officer may arrest if he has reasonable grounds to believe that the person arrested has committed an offense.]

[A peace officer may arrest if he has a warrant to arrest the person arrested.]

[A peace officer may arrest if he has positive and reliable information that another peace officer has a warrant to arrest the person arrested.]

An arrest may be reasonably accomplished by the following means:

[The person making an authorized arrest may use reasonable force to effect the arrest and detention, and also to overcome any resistance or threatened resistance, of the person being arrested or detained.]

[In order to make a lawful arrest, a peace officer, who has announced his authority and purpose, may break open an outer or inner door or window of any vehicle, watercraft, aircraft, dwelling, or other structure, movable or immovable, where the person to be arrested is or is reasonably believed to be, if the officer is refused or otherwise obstructed from admittance. The peace officer need not announce his authority and purpose when to do so would imperil the arrest.

 

[230711]