Law Enforcement / Police Archives - Elizabeth B. Carpenter Attorney At Law

Resisting A Police Officer — Louisiana

Louisiana Law Resisting an Officer -- La R.S. 14:108 Under Louisiana Law, Resisting an officer is the intentional interference with, opposition or resistance to, or obstruction of an individual acting in his official capacity and authorized by law to make a lawful arrest, lawful detention, or seizure of property or to serve any lawful process or court order when the offender knows or has reason to know that the person arresting, detaining, seizing property, or serving process is acting in his official capacity. Definitions: "Obstruction of" as used herein shall, in addition to its common meaning, signification, and connotation [...]

By Elizabeth B. Carpenter|2020-02-07T03:29:06+00:00February 5th, 2020|Categories: Crimes Defined, Criminal Statutes, Law Enforcement / Police|Tags: Misdemeanor, New Orleans Criminal Defense, Resisting an Officer|

Frequently Asked Questions About Police Interrogations

Frequently Asked Questions About Police Interrogations Do I have to answer questions if the police stop me while I am walking on the street? The police can stop a person when they have good faith belief that the person was involved in a crime – this is often referred to as a “Terry Stop.” However, under the Fifth Amendment right against self-incrimination, a person does not have to answer any questions. In fact, a person should not answer any questions during a “Terry Stop.” The law only requires a person to give his name, date of birth, address and [...]

By Elizabeth B. Carpenter|2020-01-21T02:10:36+00:00January 14th, 2020|Categories: Criminal Procedure, Law Enforcement / Police, The Constitution, U.S. Supreme Court|Tags: Case Law, Fifth Amendment, Miranda Rights, New Orleans Criminal Defense, one of the best criminal defense lawyers in new orleans, Police Interrogation|

Resisting an Officer — Louisiana

RESISTING AN OFFICER NEW ORLEANS Resisting an officer is the intentional interference with or opposition to an individual acting in his official capacity to make an arrest or seize property or to serve any court order when the offender knows or has reason to know that the person is acting in his official capacity. The statute is located at La. RS 14:108. This offense is a misdemeanor. The penalty for this offense is a fine of not more than $500.00 or be imprisoned for not more than 6 months, or both. Seek Help From An Attorney If [...]

By Elizabeth B. Carpenter|2020-10-28T22:58:03+00:00January 6th, 2020|Categories: Crimes Defined, Criminal Statutes, Law Enforcement / Police|Tags: New Orleans Criminal Defense, one of the best criminal defense lawyers in new orleans, Resisting an Officer|

Are You the Cable Guy or the FBI?

Are you the cable guy or the FBI? There is an interesting case before a U.S. Federal District Court in the Las Vegas area. The issue for the judge to decide is whether FBI agents can disconnect a utility service to an abode and then, disguise themselves as repairmen in order to gain entry and covertly search the premises in hopes of finding evidence that might justify the issuance of a search warrant. The defendants in this case are a group of Chinese high rollers who are accused of running an illegal gambling operation from their Las [...]

By Elizabeth B. Carpenter|2015-05-06T07:07:34+00:00November 10th, 2014|Categories: Law Enforcement / Police, The Constitution|Tags: Case Law, Fourth Amendment, Search and Seizure Law|

Facts, Lies and Videotaped Interrogations

FACTS, LIES and VIDEOTAPED INTERROGATIONS The Justice Department recently said that the F.B.I. and other federal law enforcement agencies are encouraged to videotape interviews with suspects in most instances. This new policy does not apply in cases where agents need urgent national security-related information that could expose sources or methods or where the interviewed subject request to not be videoed. This is one of the most significant changes in F.B.I. policy under James B. Comey, who took charge as the bureau’s director in September. Mr. Comey’s predecessor, Robert S. Mueller III, and senior bureau officials had once opposed the video [...]

By Elizabeth B. Carpenter|2015-05-10T02:10:48+00:00June 11th, 2014|Categories: Federal Crimes, Law Enforcement / Police|Tags: Federal Defense Attorney New Orleans, Police Interrogation|

Battery of a Police Officer — Attorney New Orleans

Battery of a Police Officer -- La RS 14:34.2 Battery of a police officer is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a police officer acting in the performance of his duty. For purposes of this Section, "police officer" shall include commissioned police officers, sheriffs, deputy sheriffs, marshals, deputy marshals, correctional officers, constables, wildlife enforcement agents, state park wardens, and probation and parole officers. For purposes of this Section, "battery of a police officer" includes the use of force or violence upon the person of the police [...]

By Elizabeth B. Carpenter|2018-07-20T20:59:29+00:00August 5th, 2012|Categories: Battery, Crimes Defined, Criminal Statutes, Law Enforcement / Police|Tags: Battery of a Police Officer, Criminal Defense New Orleans Attorney|

Can the Police Search My Car?

Drug Possession Distribution Attorney Louisiana Elizabeth B. Carpenter, Esq. -- New Orleans Criminal Defense Attorney The Fourth Amendment of the U.S. Constitution protects citizens against unreasonable searches. The amendment applies to government agents, like police officers. It does not apply to searches by private individuals. This protection extends to automobile searches, but it is not absolute. However, if a court finds that evidence was taken during an unlawful vehicle search, the court will not allow the prosecution to use that evidence. Searches and Your Expectation of Privacy A "search" can occur when a governmental agent intrudes in [...]

By Elizabeth B. Carpenter|2012-07-30T21:13:37+00:00July 30th, 2012|Categories: Criminal Procedure, Drug Crimes, Law Enforcement / Police|Tags: drug crimes, New Orleans Criminal Defense, Probable Cause, Search and Seizure Law, Traffic Stop|

Aggravated Assault with a Motor Vehicle — Louisiana

New Orleans Assault Criminal Defense Attorney Elizabeth B. Carpenter, Esq. -- New Orleans Premiere Criminal Defense Attorney Serving Clients in Orleans Parish, St. Tammany Parish, St. John Parish, St. James Parish, St. Bernard Parish, St. Charles Parish, Assumption Parish, Tangipahoa Parish, Terrebonne Parish, Plaquemines Parish and Jefferson Parish. Aggravated Assault with a Motor Vehicle Upon a Peace Officer -- La RS 14:37.6 A. Aggravated assault with a motor vehicle upon a peace officer is an assault committed with a motor vehicle upon a peace officer acting in the course and scope of his duties. B. For the [...]

By Elizabeth B. Carpenter|2012-05-23T22:09:15+00:00May 23rd, 2012|Categories: Assault, Crimes Defined, Criminal Statutes, Law Enforcement / Police|Tags: Criminal Attorney New Orleans, New Orleans Assault and Battery Defense Attorney|

Unlawful use of a Laser on a Police Officer — Louisiana

New Orleans Criminal Defense Attorney Elizabeth B. Carpenter, Esq. -- New Orleans Premiere Criminal Defense Attorney Serving Clients in Orleans Parish, St. Tammany Parish, St. John Parish, St. James Parish, St. Bernard Parish, St. Charles Parish, Assumption Parish, Tangipahoa Parish, Terrebonne Parish, Plaquemines Parish and Jefferson Parish. Unlawful use of a Laser on a Police Officer -- La RS 14:37.3 Unlawful use of a laser on a police officer is the intentional projection of a laser on or at a police officer without consent of the officer when the offender has reasonable grounds to believe the officer [...]

By Elizabeth B. Carpenter|2012-05-23T21:37:41+00:00May 23rd, 2012|Categories: Crimes Defined, Criminal Statutes, Law Enforcement / Police|Tags: Criminal Defense New Orleans, Unlawful use of a Laser on a Police Officer|

Aiding and Abetting the Fraudulent Portrayal of a Law Enforcement Officer or Firefighter — Louisiana

New Orleans Criminal Defense Attorney Elizabeth B. Carpenter, Esq. -- New Orleans Premiere Criminal Defense Attorney Serving Clients in Orleans Parish, St. Tammany Parish, St. John Parish, St. James Parish, St. Bernard Parish, St. Charles Parish, Assumption Parish, Tangipahoa Parish, Terrebonne Parish, Plaquemines Parish and Jefferson Parish. Aiding and Abetting the Fraudulent Portrayal of a Law Enforcement Officer or Firefighter -- La RS 14:112.3 A. Aiding and abetting the fraudulent portrayal of a law enforcement officer or firefighter is the inciting, soliciting, urging, encouraging, exhorting, instigating, or assisting any other person to commit the crime of fraudulent portrayal [...]

By Elizabeth B. Carpenter|2012-05-21T21:51:20+00:00May 21st, 2012|Categories: Crimes Defined, Criminal Statutes, Law Enforcement / Police|