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La. Rev. Stat. § 15:451 (2026)

Condition precedent to use of confession; free and voluntary rule

✓ current as of May 2026
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§451.  Condition precedent to use of confession; free and voluntary rule

Before what purports to be a confession can be introduced in evidence, it must be affirmatively shown that it was free and voluntary, and not made under the influence of fear, duress, intimidation, menaces, threats, inducements or promises.

Acts 2010, No. 451, §433, §1, eff. Aug. 15, 2010.

Notes of Decisions
Cited in 768 cases (16 in the last 5 years), 1952–2026 · leading case: State v. Leger, 936 So. 2d 108 (La. 2006).
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State v. Leger, 936 So. 2d 108 (La. 2006). · cites it 3× “R.S. 15:451. The Miranda holding "protects an individual's Fifth Amendment privilege during incommunicado interrogation in a police-controlled atmosphere.”
State v. Holmes, 5 So. 3d 42 (La. 2008). · cites it 4× “She contends the repeated assertions of her interrogators were untruthful and thus rendered her subsequent statement about the offense involuntary. It is hornbook law that before the State may introduce a confession into evidence, it must demonstrate the statement was free and…”
State v. Glover, 343 So. 2d 118 (La. 1977). · cites it 6× “On the other hand, he held that the oral inculpatory statement made to his common-law wife was admissible because it was not made while defendant was in police custody, stating in his reasons for judgment that the jury could determine what "weight and credibility" they wished to…”
State v. McGraw, 366 So. 2d 1278 (La. 1979). · cites it 5× “703(C); R.S. 15:451; State v. Scott, 355 So.2d 231 (La.”
State Ex Rel. Graffagnino v. King, 436 So. 2d 559 (La. 1983). · cites it 2× “he gave the taped statement he now complains of and was again informed of his rights by the interrogating officer, who expressly advised the defendant that he could terminate the interview at any time.”
State v. Manning, 885 So. 2d 1044 (La. 2004). · cites it 2× “As a general matter, before a confession may be admitted into evidence, the State has the burden of affirmatively showing it was made freely and voluntarily, and not under the influence of fear, duress, intimidation, menace, threats, inducements, or promises.”
State v. Hunt, 25 So. 3d 746 (La. 2009). · cites it 2× “Thus, before a confession or inculpatory statement made during a custodial interrogation may be introduced into evidence, the State must prove beyond a reasonable doubt that the defendant was first advised of his Miranda rights, that he voluntarily and intelligently waived those…”
State v. Perry, 420 So. 2d 139 (La. 1982). · cites it 3× “Before a confession can be introduced in evidence, the state has the burden of affirmatively proving that it was free and voluntary and not made under the influence of fear, duress, intimidation, menaces, threats, inducements or promises.”
State v. Montejo, 40 So. 3d 952 (La. 2010). · cites it 3× “R.S. 15:451 (before the state may introduce a confession into evidence, it has the burden of proving that the statement was free and voluntary and not induced by threats, promises or coercion).”
State v. Green, 655 So. 2d 272 (La. 1995). · cites it 2× “Although the facts of this case do not require us to address this question, we do note that at least one court of appeal has recognized this dilemma and has seized upon LSA-R.S. 15:451 as an independent statutory ground, apart from the motion to suppress unconstitutionally…”
State v. Bowers, 909 So. 2d 1038 (La. Ct. App. 2005). · cites it 3× “The defendant concludes that the state failed to meet its burden of proving that her statement was free and voluntary.”
State v. Robinson, 87 So. 3d 881 (La. Ct. App. 2011). · cites it 4× “13 Thus, the inquiry in the present matter is two-fold: 1) whether the defendant’s statement regarding his address is inculpatory in nature such that the State’s failure to meet the requirements of admission pursuant to LSA-R.S. 15:451 renders defendant’s *901 statement…”
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