Ongoing Projects:

Federal Project(s):

The Lafayette Engagement and Research Network (“LEaRN”) was awarded the U.S. Environmental Protection Agency’s Smart City Air Challenge in 2016.  The project will use citizen science to demonstrate how communities can leverage IoT technology to monitor air quality.  See Learn About Air Quality, Lafayette Engagement and Research Network, https://learnlafayette.com (last visited Feb. 7, 2019).

Collection of Information:

Ag-Gag Law:

“A. It shall be unlawful for any person: ….

    (6) To knowingly obtain or exert unauthorized control, by theft or deception, over records, data, material, equipment, or animals of any animal research facility or animal management facility for the purpose of depriving the legal owner of an animal research facility or animal management facility of records, material, data, equipment, or animals or for the purpose of using, concealing, abandoning, or destroying such records, material, data, equipment, or animals.

    (7) To possess or use records, material, data, equipment, or animals or in any way to copy or reproduce records or data of an animal research facility or animal management facility, knowing or reasonably believing such records, material, data, equipment, or animals to have been obtained by theft or deception or without authorization of that facility.

B. ….

    (2) ‘Animal management facility’ as used herein means that portion of any vehicle, building, structure, or premises, where an animal is kept, handled, housed, exhibited, bred, or offered for sale, and any agricultural trade association properties.  Animal management facility also means that portion of any vehicle, building, structure, premises, property, or equipment used in the conduction of authorized wildlife management practices, including but not limited to the control of animals that damage property, natural resources, or human health and safety.

C. Whoever violates any provision of this Section shall be fined not more than five thousand dollars or imprisoned, with or without hard labor, for not more than one year, or both.” La. Stat. § 14:228.

Scientific Collecting Permit:

A permit is required to collect wildlife for scientific purposes. See Scientific Collecting Permit, La. Dep’t of Wildlife & Fisheries, http://www.wlf.louisiana.gov/permit/scientific-collecting-permit (last visited Feb. 7, 2019).

Other Provisions:

See infra “Drone Laws.”

Trespass Laws:

Criminal Liability for Trespass Despite Lack of Notice:

Yes.  “B.(1) No person shall enter upon immovable property owned by another without express, legal, or implied authorization….

  J. Although not required by this Section, notice that entrance upon …immovable property owned by another is prohibited may be indicated by … [posted signs and purple marks on tress or posts].”  La. Stat. § 14:63; see also State in Interest of P.L., 81 So. 3d 983, 989 (La. App. 4th Cir. 2012) (“While [Defendant] argues that there were no signs posted on the abandoned house, there is no requirement that signs forbidding entrance be posted. Indeed, the law provides that ‘no person shall enter upon immovable property owned by another without express, legal, or implied authorization.’”).

For the first offense, the fine shall be not less than $100 and not more than $500, or imprisonment for not more than 30 days, or both. La. Stat. § 14:63(G)(1).

Other Provisions:

See infra “Critical Infrastructure Laws.”

Drone Laws:

Surveillance of a Targeted Facility:

Unlawful use of an unmanned aircraft system includes: “[t]he intentional use of an unmanned aircraft system to conduct surveillance of, gather evidence or collect information about, or photographically or electronically record a targeted facility without the prior written consent of the owner of the targeted facility.”

La. Stat. § 14:337(A)(1).

“Targeted facility” includes petroleum and alumina refineries; chemical and rubber manufacturing facilities; and nuclear power electric generation facilities. Id. § 14:337(B)(3).

For a first offense, a person shall be fined not more than $500, or imprisoned for not more than six months, or both. Id. § 14:337(E)(1).

Exceptions: 

This section does not apply to “[t]he operation of an unmanned aircraft by institutions of higher education conducting research, extension, and teaching programs in association with university sanctioned initiatives.” Id. § 14:337(D)(2).

Wildlife Management Areas:

Operation of drones on wildlife management areas is prohibited. 76 La. Admin. Code Pt. XIX, § 111(G)(1)(o).

Critical Infrastructure Laws:

Trespass:

“Unauthorized entry of a critical infrastructure is any of the following:

1. The intentional entry by a person without authority into any structure or onto any premises, belonging to another, that constitutes in whole or in part a critical infrastructure that is completely enclosed by any type of physical barrier.
2. The use or attempted use of fraudulent documents for identification purposes to enter a critical infrastructure.
3. Remaining upon or in the premises of a critical infrastructure after having been forbidden to do so, either orally or in writing, by any owner, lessee, or custodian of the property or by any other authorized person.

The intentional entry into a restricted area of a critical infrastructure which is marked as a restricted or limited access area that is completely enclosed by any type of physical barrier when the person is not authorized to enter that restricted or limited access area.” La. Stat. Ann. § 14:61(A).

“Whoever commits the crime of unauthorized entry of a critical infrastructure shall be imprisoned with or without hard labor for not more than five years, fined not more than one thousand dollars, or both.” Id. § 14:61(C).

“‘Critical infrastructure’ means any and all structures, equipment, or other immovable or movable property located within or upon chemical manufacturing facilities, refineries, electrical power generating facilities, electrical transmission substations and distribution substations, water intake structures and water treatment facilities, natural gas transmission compressor stations, liquified natural gas (LNG) terminals and storage facilities, natural gas and hydrocarbon storage facilities, transportation facilities, such as ports, railroad switching yards, pipelines, and trucking terminals, or any site where the construction or improvement of any facility or structure referenced in this Section is occurring.” Id. § 14:61(B)(1).

Other Provisions:

See supra “Drone Laws.”

Stalking:

Criminal Law:

“Stalking is the intentional and repeated following or harassing of another person that would cause a reasonable person to feel alarmed or to suffer emotional distress.  Stalking shall include but not be limited to the intentional and repeated uninvited presence of the perpetrator at another person’s home, workplace, school, or any place which would cause a reasonable person to be alarmed, or to suffer emotional distress as a result of verbal, written, or behaviorally implied threats of death, bodily injury, sexual assault, kidnapping, or any other statutory criminal act to himself or any member of his family or any person with whom he is acquainted.” La. Stat. § 14:40.2(A).

Use of Information:

Although incomplete, our research has not found any provisions relating to the use of information collected by citizens in enforcement or administrative/legislative actions.

Evidentiary Standards:

Pleading a Claim:

Requires certification that “[e]ach allegation or other factual assertion in the pleading has evidentiary support or, for a specifically identified allegation or factual assertion, is likely to have evidentiary support after a reasonable opportunity for further investigation or discovery.”  La. Code Civ. P.  Art. 863(B)(3).

Authentication or Chain of Custody:

“The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.”  La. Code Evid. Art. 901(A).

Expert Testimony:

Louisiana Code of Evidence Article 702 and Daubert standard.  See State v. Foret, 628 So. 2d 1116, 1123 (La. 1993).