If you are a victim who has been injured in an 18-wheeler truck accident here in Shreveport, Louisiana, Caddo Parish, or any other part of Louisiana, you have a legal right to make an insurance claim and file a personal injury lawsuit. You must act quickly because you only have one year to file your lawsuit from the accident date. Your best chance of recovering the maximum amount of compensation for your injuries and other damages is to retain the legal services of a committed Caddo Parish accident lawyer.
Below, the Louisiana personal injury lawyer at the Law Offices of Philip B. Adams discusses some of the top reasons why you may want to consider hiring a Louisiana 18-wheeler accident lawyer after an accident. Experience Louisiana 18-wheeler truck accident cases are legally complex. Moreover, the types of injuries sustained by victims tend to be very severe. Hiring an experienced law firm with a record of success can help ensure you receive the maximum compensation. As one example, if the injuries are severe enough, you may be entitled to compensation for FUTURE medical bills, lost earnings, pain and suffering, and other types of damages. You may not know about your right to compensation for future medical bills, but experienced Louisiana personal injury lawyers do know it. Claiming these FUTURE damages is one way that your compensation can be maximized. Protection from "Tricks" that Insurance Companies Play When accident victims suffer injuries, representatives of the insurance carrier for the at-fault party often call the victims to arrange a settlement. But insurance companies want to pay as little as possible. Experienced Louisiana 18-wheeler lawyers are "wise" to the "tricks" that the insurance companies play. We will fight for you and defend you against the efforts of the insurance companies to pay you less than your claim is worth. Without vigorous legal advocacy, you may leave "money on the table," and that is not what you want to do. Solid Information About Complicated Legal Cases Another reason that Louisiana 18-wheeler truck accident cases are legally complex is because there may be many parties who are legally responsible for the injuries caused by the accident. The truck driver may be at fault, but there may be other at-fault parties. These potential parties include the driver's employer, the truck's owner, the company that loaded the truck, the company that made the truck, the repair shop that maintained the truck's mechanical condition, and more. Experienced Louisiana 18-wheeler lawyers can ensure that claims are made against ALL at-fault parties. And, if personal injury litigation must be filed, ALL at-fault parties can be brought into the lawsuit. Giving Yourself Time to Heal and Peace of Mind Being injured in a Louisiana 18-wheeler truck accident is traumatic, both physically and emotionally. But the difficulties do not end after the accident. Healing takes time and is also physically and emotionally draining. Plus, there may be financial and family problems caused by the injury and the recovery. By hiring a Louisiana truck accident lawyer, you give yourself and your family time to heal and obtain some peace of mind, knowing that a professional is taking care of the legal issues and working with dedication to obtain the full and maximum compensation that you have a legal right to. Contact A Louisiana Personal Injury Attorney Today For more information, contact the Law Offices of Philip B. Adams. If you have been injured in a Louisiana accident, our Louisiana personal injury lawyer can help you recover the full compensation to which you are entitled under Louisiana law. To contact us, complete our "Contact Us" page here. You may benefit significantly from having an attorney with legal competence and experience assisting you with your Louisiana personal injury case. We have offices in Shreveport and handle personal injury cases throughout all of Louisiana. Thank you for reading this blog post and visiting our website. Suppose you have been arrested or accused of statutory rape in Shreveport or any other part of Louisiana. In that case, the first thing to remember is that you may significantly benefit from speaking to an experienced Louisiana criminal defense attorney before conversing with law enforcement officials. This is because Louisiana laws with regard to statutory rape are complicated. If you speak with the police, there is a danger that you will accidentally admit to elements of the crime.
"Statutory rape", or what Louisiana law refers to as "carnal knowledge of a juvenile", is a crime that occurs when a person has consensual sexual intercourse (vaginal, oral, or anal) with a person under the age of 17 and certain age ranges for the victim and perpetrator are met. If the alleged victim is under the age of 13, the crime is charged as first-degree rape, and only two elements need to be proven: sexual conduct involving penetration (however slight) and that the alleged victim was under the age of 13. The criminal defendant's lack of knowledge of the age of the alleged victim (or the belief that the victim was older) is not a defense. Being legally married to the alleged victim is also not a defense. Conviction of first-degree rape carries a maximum possible prison sentence of life. Louisiana Rev. Stat., § 14:42. The laws are more complicated if the alleged victim is 13 years old but younger than 17 years old. In these cases, statutory rape is called having "carnal knowledge of a juvenile." Depending on the age of the alleged perpetrator, having carnal knowledge of a juvenile can be a felony or misdemeanor crime. Basically, if the alleged perpetrator is more than four years older than the victim, the sexual intercourse is felony rape. More specifically, felony carnal knowledge of a juvenile -- Louisiana Rev. Stat., § 14:80 -- has these elements which must be proven by the prosecuting attorneys:
Conviction of felony carnal knowledge of a juvenile carries a potential 10-year prison sentence (plus fines). Misdemeanor carnal knowledge of a juvenile -- Louisiana Rev. Stat., § 14:80.1 --contains similar elements as the felony-grade offense, except that the alleged perpetrator was/is over the age of 17 and was/is older than the victim by more than two years, but less than four years. A first-time conviction of misdemeanor carnal knowledge of a juvenile carries a potential 6-month jail term (plus fines). Contact A Louisiana Criminal Defense Attorney Today For more information, contact the Law Offices of Philip B. Adams today. We are relentless, meticulous, and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana. Common Causes of Louisiana 18-Wheeler Truck Accidents and How They Impact Your Claim and Settlement8/14/2023
If you have been injured in an 18-wheeler truck accident here in Shreveport or in other parts of Louisiana, you have a right to file an insurance claim and seek a settlement. If a loved one has been killed in such an accident, you have the same right on your own behalf and on behalf of your deceased loved one -- the right to seek compensation for wrongful death and to seek recovery on the basis of a survival action.
Hiring a trusted and experienced Louisiana personal injury lawyer will help maximize your chances of obtaining a FULL and COMPLETE recovery. The Law Offices of Philip B. Adams offers free, no-obligation consultations. Insurance companies and trucking companies fight hard to pay as little as they can to victims. Competent Louisiana 18-wheeler truck accident attorneys have the resources and legal skills to fight back and win. Suppose an insurance settlement cannot be reached. In that case, the next step may be seeking justice for the victims through the filing of personal injury litigation in Louisiana State and Federal courts. Victims can recover compensation even if the 18-wheeler truck is from out-of-state. One of the most important tasks of a Louisiana 18-wheeler truck accident law firm is to investigate the various possible causes of the accident. This is a crucial task because the possible causes of the accident will uncover the possible defendants in the case. In Louisiana litigation and insurance settlement, the "defendants" are the potential "at fault" parties who are legally liable to pay money damages as compensation to the victims and their families. Moreover, each defendant will likely have an insurance policy that can be triggered to ensure sufficient coverage to pay the full and complete compensation to the victims. For example, many common causes of Louisiana 18-wheeler truck accidents involve the driver. This is why truck drivers are almost always defendants in cases like this. Driver-related causes include factual matters like distracted driving, violation of traffic and driving laws, reckless endangerment (by excessive speeding, as an example), driver fatigue, driving under the influence of various substances, etc. Further, since most Louisiana 18-wheeler truck drivers are employed by their trucking company, those trucking companies can become defendants through various legal doctrines. As another example, many Louisiana 18-wheeler truck accidents are caused -- in full or in part -- by mechanical defects or failure with respect to the truck. This might involve defects in the engine, in electronic control mechanisms, the tires, brakes, couplings, etc. Where mechanical failure is a possible cause of the injuries to victims (or death), then the truck manufacturer or designer is a potential defendant in the case. As yet another example, negligent repair and maintenance can be the cause of Louisiana 18-wheeler truck accidents. Under these types of facts, the various repair companies involved in the truck's maintenance history are possible defendants in the case. As a final example, cargo loading errors are common causes of Louisiana 18-wheeler truck accidents. Examples include excessive weight, improper weight distribution, tie-down failures, and more. But, many times, the cargo loading is done by a third party. That is, the "trailer" part of the 18-wheeler tractor-trailer is loaded by someone other than the driver or the driver's trucking company. Where improper cargo loading is a factor in the injuries or fatality caused by the accident, those third-party cargo loaders are possible defendants in the case. Contact A Louisiana Personal Injury Attorney Today For more information, contact the Law Offices of Philip B. Adams. If you have been injured in a Louisiana accident, our Louisiana personal injury lawyers can help you recover the full compensation you are entitled to according to Louisiana law. To contact us, complete our "Contact Us" page here. You may benefit significantly from having an attorney with legal competence and experience assisting you with your Louisiana personal injury case. We have offices in Shreveport and handle personal injury cases throughout all of Louisiana. Thank you for reading this blog post and visiting our website. "Felony murder" in Louisiana can be charged if a person is killed during the commission of some other violent, serious, and/or drug-related felony crime. Louisiana does not have a specific statute defining "felony murder." Rather, felony murder can be charged by prosecutors as either First Degree Murder or Second Degree Murder, depending on whether specific intent can be proven and what other crime is involved.
Our Louisiana criminal defense attorney at the Law Offices of Philip B. Adams explains more on felony murder below. Generally speaking, First Degree "Felony" Murder requires proof of intent to cause death or great bodily harm during the commission of another felony. By contrast, it might be said the killing involved in Second Degree "Felony" Murder is accidental; that is, there is no proof of intent to kill or cause great bodily harm. Pursuant to Louisiana Rev. Stat., § 30, First Degree "Felony Murder" will be charged if the accused had the specific intent to kill and take a life or to inflict great bodily harm and perpetrated -- or attempted to perpetrate -- one or more of the following crimes:
Pursuant to Louisiana Rev. Stat., § 30.1, Second Degree "Felony Murder" will be charged if the accused kills another person -- but did not have the specific intent to kill or to inflict great bodily harm -- while committing or attempting to commit one or more of the following crimes:
Defenses to Felony Murder A number of legal defenses can be used for felony murder charges in the same manner as they can be used for any criminal charge. These include various innocence defenses like alibi, misidentification, failure of proof by the government prosecutors, and more. If supported by the facts, defenses may also be based on law enforcement's violation of constitutional protections and processing/procedure rules. Special attention and investigation must be given to the predicate crime. If that can be defended against, that can move the case down from felony murder to manslaughter or involuntary homicide, which carry much less punishment for convictions. Defeating the evidence related to the predicate offense may also then allow defenses related to excusable homicide like self-defense, defense of others, and/or other circumstances of justifiable use of force. Contact A Louisiana Criminal Defense Attorney Today For more information, contact the Law Offices of Philip B. Adams today. We are top relentless, meticulous, and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. You may benefit significantly from having an attorney with legal competence and experience assisting you with your criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana. Generally, there is no fee owed when you hire a Louisiana 18-wheeler accident lawyer to handle a personal injury case if there is no insurance settlement or civil litigation judgment. Here at the Law Offices of Philip B. Adams, we work to maximize the recovery for our clients who have been injured in Shreveport, Louisiana, tractor-trailer accidents.
We handle our personal injury cases on a contingency fee basis. That means you pay no attorney fee unless we recover on your behalf. If we recover on your behalf, our attorney fees are paid from the settlement or judgment amount. Contact us if you have been injured in a big rig accident here in Shreveport. You may benefit from hiring hardworking and committed Louisiana accident lawyers to help maximize your recovery. What is a contingency fee in Caddo Parish, Louisiana? Louisiana attorneys charge for legal services in several different ways. Often, services are charged on an hourly basis. For each hour of work, the client is invoiced at the agreed-upon fee level. That fee is often several hundred dollars an hour. Another method of billing is flat fee billing. This is often negotiated for bulk and repetitive legal services like sending copyright violation notices and things of that nature. The third type of typical lawyer billing is called contingency fee billing. As noted, the client and the attorney agree that no attorney fees are due if the case is not resolved with a recovery. If there is success in the lawsuit (or success in settlement negotiations), the attorney fees are taken from the amount obtained through the lawsuit and/or the settlement. This process is why the attorney fees are called "contingent." The fees are contingent upon success in the case. This fee process is common for personal injury lawsuits like big rig and 18-wheeler accidents here in Louisiana. How much are the contingency fees in Shreveport, LA 18-wheeler cases? Attorney fees in contingency fee cases are generally based on a percentage of the award or settlement. A common percentage is one-third (approximately 33.33%) if the matter is settled before a lawsuit must be filed, and 40% if there is no insurance settlement and a lawsuit must be filed. Sometimes, there is a further increase in the percentage if victory only comes after the case is appealed to a higher court. As an example, assume a big-rig injury case here in Louisiana is settled for $600,000. Under a standard contingency fee agreement, the attorneys' fees would be $200,000, leaving $400,000 for the client, medical bills, and expenses of litigation for reimbursement. What about costs and litigation expenses? A contingency fee may state that any costs or litigation expenses advanced and paid by the attorneys will be reimbursed and that the attorney fee is based on the entirety of the recovery. In our prior example of a Louisiana 18-wheeler accident case that settles for $600,000, if the attorneys spent $12,000 hiring an accident reconstruction expert to explain how the accident occurred, that $12,000 would be reimbursed to the attorneys. Also, the 33.33% attorneys' fee would be calculated on the entire recovery amount ($600,000). That would result in an attorney's fee of $200,000, and expenses of $12,000 to be reimbursed to the attorneys. Contact A Louisiana Personal Injury Attorney Today For more information, contact the Law Offices of Philip B. Adams. If you have been injured in a Louisiana accident, our Louisiana personal injury lawyers can help you recover the full compensation you are entitled to according to Louisiana law. To contact us, complete our "Contact Us" page here. We have experience and legal knowledge that can help you. We have offices in Shreveport and handle personal injury cases throughout all of Louisiana. Thank you for reading this blog post and visiting our website. In Shreveport, LA, assault and battery are crimes. Although they are often thought of as the same crime, they are different. Assault occurs when the perpetrator acts in such a way as to put the victim in a fear -- apprehension -- of violent, harmful, unwanted, and/or offensive contact. For example, an assault may occur when the perpetrator threatens to punch someone in the face, or takes a swing but misses. By contrast, battery may occur when there is violent, harmful, unwanted, and/or offensive contact with the victim's person. For example, a battery may occur when the perpetrator actually punches someone in the face.
Battery is, of course, the more severe crime since it involves actual violence, harm, and/or offensive touching. For this reason, the criminal punishments for battery are more severe. Note that almost always, if there has been a battery, then there is the potential for an assault to be charged because there is almost always the threat, fear, and apprehension that comes before the battery. In Louisiana, there are several levels of these crimes. In comparison to assault levels, there are more levels for a battery, which include
Likewise, under Louisiana criminal law, more severe assault and battery crimes exist that depend on the nature of the behavior and the nature of the victim. As an example, if the assault and/or battery was sexual in nature, then the crime will be charged as sexual assault and/or sexual battery. A long list of possible victims exist that will make an assault and/or battery more severe. These include assaults/batteries on
If you are arrested and charged with any of the various crimes involving assault and/or battery, you can benefit from hiring a committed and experienced Shreveport criminal defense attorney. Simple forms of assault and battery in Louisiana are generally deemed misdemeanor crimes, but you should seek to avoid any criminal convictions on your record. Even misdemeanor charges can result in jail time and hefty fines. More complex assault and battery charges can be felonies that carry even more serious consequences than their misdemeanor counterparts. In terms of defending against assault and battery charges, the facts of the case will determine what the criminal defenses are. The main defense is to challenge whether the government prosecutors can prove all the necessary elements. For example, for a simple assault, the government must prove beyond a reasonable doubt the following:
From this, several potential criminal defenses are evident. Was there intent, for example? Did the victim have a reasonable fear or apprehension? Was the alleged perpetrator actually defending him or herself from the aggression of the alleged victim? Did the alleged victim give consent (actual or implied) as in agreed-upon combat? Contact A Louisiana Criminal Defense Attorney Today For more information, contact the Law Offices of Philip B. Adams today. We are relentless and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. We have the experience and legal knowledge that we can put to work to help your criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana. Generally, the answer is "no." Punitive damages are not often allowed in Louisiana car accident cases. However, there are some exceptions.
If you (or a family member) have been injured here in Shreveport or Caddo Parish, contact us at the Law Offices of Philip B. Adams. Contact us here. We also provide legal services to personal injury victims in Bossier Parish, Red River Parish, and De Soto Parish, along with the rest of Louisiana. Here is what you should know about asking for punitive damages in a Shreveport, Louisiana, auto accident. What are punitive damages? Victims who are injured or killed in Louisiana auto accidents are entitled to seek compensation from the at-fault party (or parties) for any injuries to themselves as well as damage to personal property (like their vehicle). Compensation for these injuries and property damage are called "compensatory damages." That is, the money awarded is for compensation. Examples include recovery of costs for medical bills, lost wages, costs to repair damaged property, out-of-pocket expenses (like the cost to rent a replacement vehicle), pain and suffering, emotional distress, costs for therapy, disfigurement, apprehension and fear, and more. By contrast, punitive damages are not about compensating victims but are about punishing the wrongdoer. Punishment, however, is typically reserved for circumstances of purposeful or intentional conduct. Because in an accident case the conduct or behavior that causes the Louisiana auto accident is generally not intentional, most of the time the victims are not allowed to seek punitive damages. Exceptions where punitive damages ARE allowed in Shreveport, Louisiana Auto Accident Cases By statute, Louisiana has made several exceptions to the general rule and DOES allow punitive damages in Shreveport, Louisiana, car accident cases. The first is contained in the Civil Code, art. 2315.4, which allows an award of punitive damages if the at-fault party was driving under the influence of alcohol or drugs. The provision reads: "In addition to general and special damages, exemplary [punitive] damages may be awarded upon proof that the injuries on which the action is based were caused by a wanton or reckless disregard for the rights and safety of others by a defendant whose intoxication while operating a motor vehicle was a cause in fact of the resulting injuries." In Louisiana Civil Code, art. 3546, there is another exception involving out-of-state parties if punitive damages can be awarded in the domiciliary states of those out-of-state parties. One circumstance involves situations in which the wrongful behavior OR the injury occurred in another state that allows punitive damages. Punitive damages can be sought if that wrongful conduct injures a person here in Louisiana OR a Louisiana resident. A second circumstance involves situations in which the at-fault party causes injury here in Louisiana but lives in a state that allows punitive damages. This might occur if an out-of-state driver causes an auto accident here in Louisiana. Will punitive damages be awarded? So far, we have only discussed whether a victim of a Louisiana car accident can ASK for punitive damages. As noted, generally, a victim cannot even seek punitive damages. But, even when it is permissible to seek punitive damages, the facts must still be proven. The wrongful conduct must generally be shown to be intentional or rise to a level of negligence that demonstrates indifference and/or reckless disregard for the health and safety of others. Contact A Louisiana Personal Injury Attorney Today For more information, contact the Law Offices of Philip B. Adams. If you have been injured in a Louisiana accident, our Louisiana personal injury lawyers can help you recover the full compensation you are entitled to according to Louisiana law. To contact us, complete our "Contact Us" page here. We have the experience and legal knowledge that you need. We have offices in Shreveport and handle personal injury cases throughout all of Louisiana. Thank you for reading this blog post and visiting our website. Have you been the victim of an 18-wheeler accident here in Shreveport, Louisiana? You have a right to bring an insurance claim and file a personal injury lawsuit. If this has happened to you -- or a loved one -- contact the Law Offices of Philip B. Adams. Use our "contact us" page. We provide top-tier legal assistance for all types of personal injury cases in Caddo Parish and other parts of Louisiana. We work hard to obtain compensation for victims of all types of truck accidents, such as 18-wheeler trucks, semis, big rigs, tractor-trailers, and other large commercial vehicles like buses and more. In this article, we discuss the types of damages that can be recovered by victims of Louisiana 18-wheeler truck accidents.
To begin, please note that you should act very quickly after a Louisiana big-rig accident because Louisiana law imposes a short deadline for filing a personal injury lawsuit. This is called a "statute of limitations," and in Louisiana, the statute of limitations is only one year from the date of the accident. This applies to claims for compensation based on negligence and also for wrongful death and survivor actions if there has been a fatality. What Categories of Damages Can Be Recovered for a Louisiana 18-Wheeler Accident? If you are a victim of an accident here in Louisiana, you have a right to compensation. You have a right to FULL recovery for all injuries and property damage. The goal of compensation is to attempt -- as fully as possible -- to "make whole" the victim. Since an accident causes many types of losses, there are just as many categories of damages. These include compensation for:
Contact A Louisiana Personal Injury Attorney Today For more information, contact the Law Offices of Philip B. Adams. If you have been injured in a Louisiana accident, our Louisiana personal injury lawyers can help you recover the full compensation you are entitled to according to Louisiana law. To contact us, complete our "Contact Us" page here. We have the experience and legal knowledge that you need. We have offices in Shreveport and handle personal injury cases throughout all of Louisiana. Thank you for reading and visiting our website. In Louisiana, there are three levels -- degrees -- of rape charges. The two key elements of rape in Louisiana are penetration and lack of consent. Penetration can be proven even if the penetration is minimal or even negligible. If there is no penetration, then generally, the crime is called some form of sexual battery. Because Louisiana prosecuting attorneys generally charge as many crimes as the facts will substantiate, in rape cases, the accused will very often be charged with various levels of rape, sexual battery, and common battery.
Consent is generally a defense, but there are many circumstances in which the victim cannot legally consent. Examples in which consent cannot occur include those cases in which the accuser is under the age of 17 and those accusers who are mentally infirm. In Louisiana, rape can involve oral, vaginal, or anal penetration. Those convicted will face incarceration, fines, and mandatory sex offender registration. First-degree rape First-degree rape -- also called aggravated rape -- is the most serious. It involves oral, anal, or vaginal penetration without the victim's consent and one of the following:
First-degree rape carries a potential life sentence. Second-degree rape Second-degree rape -- also called forcible rape -- involves oral, anal, or vaginal penetration without the victim's consent and one of the following:
A conviction of second-degree rape carries a potential incarceration term of 5 to 40 years at hard labor. Third-degree rape Third-degree rape -- also called simple rape -- involves oral, anal, or vaginal penetration without the victim's consent and one of the following:
A conviction of third-degree rape carries a potential incarceration term of up to 25 years at hard labor. Defenses to charges of rape in Louisiana If you are charged with rape in Louisiana, you may benefit from hiring a Louisiana criminal defense attorney. A defense attorney can evaluate your case and protect your legal rights. Contact us here at the Law Offices of Philip B. Adams. Depending on the facts, there may be potential legal defenses. Examples include:
Contact A Louisiana Criminal Defense Attorney Today For more information, contact the Law Offices of Philip B. Adams today. We are top-rated, relentless, and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. We have the experience and legal knowledge that you need to defend your criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana. Written by Attorney Philip B. Adams on 06/29/2023. The Louisiana legislature recently passed in both the House and Senate a proposed bill colloquially referred to as the “25-foot” bill. It has engendered a tremendous amount of controversy, particularly among civil liberties advocates (myself included). In my opinion, Governor John Bel Edwards correctly vetoed this bill that would have severely affected the constitutional rights of Louisiana citizens in multiple ways. This proposed legislation would have created a new crime under Louisiana Revised Statutes 14:109. The text of the proposed bill reads as follows: “A. No person shall knowingly or intentionally approach within twenty-five feet of a law enforcement officer who is lawfully engaged in the execution of his official duties after the law enforcement officer has ordered the person to stop approaching or to retreat. B. For the purposes of this section, "law enforcement officer" means any commissioned police officer, sheriff, deputy sheriff, marshal, deputy marshal, correctional officer, probation and parole officer, constable, wildlife enforcement agent, livestock brand inspector, forestry officer, or state park warden. C. Whoever violates the provisions of this section shall be fined not more than $500 dollars, imprisoned for not more than sixty days, or both.” Multiple news outlets ran stories discussing the bill’s ramifications. Here are some news stories for those of you are interested in reading further:
The bill’s sponsor is Michael Johnson (R-Pineville). More information about him can be accessed through the following link: https://house.louisiana.gov/h_reps/members?ID=27. News stories reported that he sponsored the bill out of concern for officer safety and a desire to establish a buffer zone between police and civilians, such as when officers are investigating the scene of a crime. This claim appears disingenuous because criminal laws already sufficiently protect police officers and can be invoked if necessary, even through the power of arrest. If a citizen assaults or batters an officer, any reasonably well-trained police officer will be prepared to meet such a scenario. Officers are trained in how to meet force with force and can take lawful action to protect themselves should they genuinely feel threatened or harmed. Moreover, La. R.S. 14:329 already makes it a crime to interfere with a law enforcement investigation. Given existing law, this sponsored bill is completely unnecessary, ill-considered, and a waste of taxpayer resources. This bill’s language is constitutionally problematic in many ways. The analysis of whether this law is constitutional involves several factors and legal principles, primarily related to the First Amendment, Fourth Amendment, and Fourteenth Amendment of the U.S. Constitution. 1. First Amendment – Freedom of Speech and Right to Assemble: The First Amendment of the U.S. Constitution protects freedom of speech and assembly. Louisiana State Constitution, Article I, Section 7 (Freedom of Expression), similarly protects freedom of speech and assembly. This law potentially infringes on these rights by restricting a person's ability to approach a law enforcement officer. In City of Houston, Texas v. Hill, 482 U.S. 451 (1987), the Supreme Court struck down an ordinance that made it unlawful to interrupt a police officer in the performance of his duty. The Court noted that "the First Amendment protects a significant amount of verbal criticism and challenge directed at police officers." However, these rights are not absolute. The government can place reasonable restrictions on the time, place, and manner of protected speech, provided the restrictions are justified without reference to the content of the regulated speech, that they are narrowly tailored to serve a significant governmental interest, and that they leave open ample alternative channels for communication of the information. The law does not seem to be narrowly tailored to serve a significant governmental interest, as required by the Supreme Court's ruling in Ward v. Rock Against Racism, 491 U.S. 781 (1989). A court may consider the law as content-neutral because it does not seem to target specific speech but instead restricts physical proximity. The stated interest of ensuring the safety of officers engaged in their duties may be considered significant. However, the narrow tailoring of this law might be challenged. Critics could argue that the 25-foot restriction is overly broad and impedes citizens' rights to record police activity, ask questions, or protest law enforcement actions, especially if there's no imminent threat to officer safety. The law does not specify alternative channels for communication, which could be problematic. This law could arguably be deemed overbroad because it could potentially prohibit or chill constitutionally protected activities. For instance, the broad language of the law might deter the press and individuals from lawfully recording police officers in public, a right that is protected by the First Amendment and that has been recognized in several court cases, including Phillip Turner v. Driver, et al, No. 16-10312 (5th Cir. 2017). Trying to record officers from twenty-five feet away might prove difficult, if not downright impossible, depending on the level of technology in the hands of the recorder. Surely, we don't want any less transparency as to the conduct of law enforcement officers on our streets given the already high level of mistrust many members of the public have towards the police? Additionally, this law could potentially inhibit lawful protests or gatherings near law enforcement officers. The U.S. Supreme Court in Schenck v. Pro-Choice Network of Western New York, 519 U.S. 357 (1997), struck down a "floating" buffer zone that kept protesters certain distances from people entering a medical facility, in part because the zone covered "public sidewalks, a traditional public forum." This law does not make any exceptions for public forums. Finally, the law may be subject to challenge as a form of prior restraint. This refers to a governmental restriction preventing speech or other expression before it can take place. Since it potentially stops individuals from engaging in protected speech (e.g., criticizing or questioning police action, protesting, recording officers) before it can occur, the law could be seen as a type of prior restraint. The Supreme Court has generally been very skeptical of prior restraints, considering them to be presumptively unconstitutional. For instance, in Near v. Minnesota, 283 U.S. 697 (1931), the Court declared that government action suppressing speech is subject to a heavy presumption against its constitutional validity. 2. Fourth Amendment – Unreasonable Seizures: The law might be seen as promoting unreasonable seizures. In Terry v. Ohio, 392 U.S. 1 (1968), the Supreme Court held that, in order for a seizure involving a detention to be constitutionally reasonable, it must be based on reasonable articulable suspicion that a crime has been committed, is being committed, or is about to be committed. Detaining or arresting someone merely for approaching a police officer, without any additional behavior indicating criminal activity, could be seen as violating this principle. The Fourth Amendment protects citizens against unreasonable searches and seizures. Louisiana State Constitution, Article I, Section 5 (Right to Privacy), similarly protects against unreasonable searches and seizures. The vague nature of what constitutes a "lawful engagement in the execution of official duties" might make it prone to misuse and therefore a potential Fourth Amendment violation. Under the Fourth Amendment, the law could even potentially be construed as providing a means for officers to bypass the requirement for a warrant before conducting a search. For example, if the law were to be used to create an artificial buffer zone in which officers could search individuals or their belongings without a warrant, this could be a potential Fourth Amendment violation. In Katz v. United States, 389 U.S. 347 (1967), the Supreme Court established the principle that "searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment." 3. Fourteenth Amendment - Vagueness Doctrine: Under the Due Process Clause of the Fourteenth Amendment, laws must be clear in their terms to give people appropriate notice of what behavior is prohibited. Louisiana State Constitution, Article I, Section 2 (Due Process of Law), similarly protects the right to due process. The vagueness of certain terms in this law could make it susceptible to a vagueness challenge. The vagueness doctrine serves two important purposes: 1. It gives individuals fair warning of what conduct is prohibited. 2. It provides standards for law enforcement to prevent arbitrary or discriminatory enforcement. As per the Supreme Court decision in Connally v. General Construction Co., 269 U.S. 385 (1926), a law can be deemed unconstitutionally vague if “men of common intelligence must necessarily guess at its meaning and differ as to its application.” A few potential areas of vagueness in this law exist, making its application ripe for widespread abuse by unethical police: 1. "Approaching or or to retreat": This term is not specifically defined. Does it refer to any movement in the direction of the officer, or does it require a certain speed or manner of movement? Does it apply if the officer moves towards a stationary person, decreasing the distance to within twenty-five feet even if the person may be trying to leave? What does it mean to "retreat"? Do you have to just stop, or do you have to turn around? If you turn around, do you walk or run? 2. "Within twenty-five feet": The average person may not be able to accurately judge a distance of 25 feet, especially in a dynamic situation or without a point of reference, thus rendering this law potentially unconstitutionally vague. A citizen could easily inadvertently violate this law without realizing it, which is antithetical to the principle of fair warning that laws should provide. Moreover, the ambiguity of what exactly constitutes 25 feet can open the door for arbitrary or discriminatory enforcement of the law by police officers. In other words, it leaves too much discretion to individual officers to decide when someone has violated the law, which can result in unequal enforcement, a concern that was noted in the Supreme Court case of Grayned v. City of Rockford, 408 U.S. 104 (1972). How will any law enforcement officer know that a citizen is "within 25-feet" if that citizen is near a hypothetical twenty-five-foot boundary? At the risk of sounding facetious, without measuring devices, tape measures, and/or lasers, it will be downright impossible for officers and citizens to know when they've crossed an imaginary twenty-five-foot circle around any given officer. What if you're at 24 feet 11 inches? Too bad. It's your word versus the officer's word. If he thinks you've crossed that practically indiscernible boundary, he can arrest you and turn your life upside down. 3. "Law enforcement officer who is lawfully engaged in the execution of his official duties": The law does not clearly define what constitutes "lawfully engaged in the execution of his official duties". Does it apply to any action taken by an officer while on duty, or only certain types of actions? Isn't it true that an officer is "lawfully engaged in the execution of his official duties" every second that he is on the job and clocked in? How can an average person determine if an officer is "lawfully engaged" in their duties at a given moment? 4. "Has ordered the person to stop approaching or to retreat": The clarity of the officer's order could be a point of contention. How clearly must the order be communicated? What if the person cannot hear or understand the order due to a language barrier, hearing impairment, or environmental noise? All of these aspects can contribute to the law being considered vague. 4. Fourteenth Amendment – Equal Protection Clause: Finally, under the Fourteenth Amendment, this law might be enforced in a discriminatory manner. If the law is disproportionately enforced against certain groups, it could be seen as violating the Equal Protection Clause of the 14th Amendment of the U.S. Constitution. In Yick Wo v. Hopkins, 118 U.S. 356 (1886) the Supreme Court held that a law is unconstitutional if it is applied in a discriminatory manner, even if the law itself appears to be neutral. Louisiana State Constitution, Article I, Section 3, provides for equal protection of the laws as well. Given that this bill, if it had become effective law, would have trampled upon the First Amendment, Fourth Amendment, and Fourteenth Amendment rights of Louisiana citizens, Governor John Bel Edwards made the right decision in vetoing it. A copy of his veto letter is attached at the bottom of this blog post. At least our state governor understands the importance of the Bill of Rights in the context of this proposed legislation. The same cannot be said for our state legislature. It doesn't require much intellect to see many problems inherent in this poorly worded statute. If this abominable bill ever gets resurrected down the road, or if you or a loved one is arrested under a similarly constitutionally suspect bill, Attorney Philip B. Adams can help fight for your rights against government tyranny. Contact him here to schedule a consultation if your rights are in jeopardy.
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