Criminal Law
Louisiana's Criminal Code (La. R.S. Title 14) and Code of Criminal Procedure define what a private investigator may do and what conduct turns an investigation into a crime. Questions test elements, mental states, citizen's arrest, and offenses an investigator can commit while trying to help a client.
Mental states and core offenses
- La. R.S. 14:10–14:12 classify specific intent (actively desiring the result), general intent, and criminal negligence. Theft (14:67) is the misappropriation or taking of anything of value belonging to another without consent, with intent to permanently deprive; value sets the grade.
- Criminal trespass (14:63) covers entry after being forbidden, express or implied - the offense most often lurking in surveillance and canvassing.
- Simple burglary, unauthorized entry of a place of business, and criminal damage to property arise in site and asset investigations.
Citizen's arrest and force
- Under La. C.Cr.P. art. 214, a private person may arrest for a felony and for a misdemeanor committed in his presence, and must deliver the arrestee to a peace officer without unnecessary delay. Confirm the current text before relying on it.
- Force must be reasonable and non-deadly; deadly force is justified only within the narrow self-defense and defense-of-others limits of La. R.S. 14:20. A PI has no special use-of-force privilege.
Offenses an investigator can commit
- Impersonating a peace officer (14:112.1); obstruction of justice (14:130.1); intimidation of a witness (14:129.1); stalking (14:40.2); unauthorized interception of communications (La. R.S. 15:1303).
- Under 14:24 and 14:26, one who aids or conspires is a principal or conspirator even when someone else performs the act.
Worked example
A client wants photos of a spouse's companion inside a hotel room. Entering without the occupant's authorization is trespass, and photographing through a gap in the curtains supports an intrusion claim. The lawful alternative: observe and record from public corridors, lobbies, and parking areas, or let counsel subpoena records. Evidence is worthless if the manner of obtaining it creates criminal and civil exposure.
Traps
- Confusing citizen's arrest with a right to detain for questioning.
- Searching a person, bag, or vehicle on suspicion.
- Self-help recovery of a client's property by force or deception.