While many might assume that someone police put in handcuffs is under arrest, that is not necessarily the case. A series of court decisions have given the police the right, in certain circumstances, to place someone in handcuffs even when they are not under arrest. But there are still cases where police cannot handcuff someone without arresting them. It is important to understand these rules to protect your rights.
Contact us to learn more about when police can handcuff someone without arresting them and when it is illegal to handcuff someone.
When Do Police Have the Right to Handcuff Someone?
There are a few common scenarios when police have the right to handcuff someone, such as:
- When executing a search warrant – The Supreme Court has ruled that police can detain and handcuff someone when searching their premises with a valid warrant. In these cases, the person in handcuffs is not necessarily under arrest. However, police can arrest them later if they find probable cause during their search.
- To protect officers’ safety – This rationale gives police broad authority to place someone in handcuffs. It is up to individual officers to determine how safe they are and whether handcuffs are necessary to protect themselves.
- When they believe a suspect in custody is a flight risk – If a police officer believes a suspect may try to flee the scene during questioning or as part of an investigation, they have the right to place them in handcuffs.
- At any time after they place someone under arrest – Once the suspect is in custody, police can keep them in handcuffs in most circumstances.
Examples of Times When Police Can Use Handcuffs
Outside of an arrest, the main reasons police will place someone in handcuffs are if they are worried about their safety or believe the suspect may try to run away.
Common signs police look for to determine if there’s a risk of violence include:
- Not cooperating with an officer’s commands
- Hiding your hands
- Tensing up
- Making intense eye contact
- Being impaired by drugs or alcohol
Common signs police look for that may indicate you are a flight risk include:
- Scanning the area as if you are looking for an exit
- Pacing
- Rocking back and forth
- Trying to move away from the officer
- Lying to an officer, especially if the officer says they know you are lying
- Stretching your arms or legs as if you are preparing to run
What Should Officers Do When Handcuffing a Person?
You still have rights even when being handcuffed. These include the right to be protected from excessive force. When placing someone in handcuffs, police officers should:
- Make sure the handcuffs are not too tight
- Place the person’s hands in front of them if placing their hands behind their back is too painful or would cause an injury
- Support the person in handcuffs and help them balance when moving
- Avoid unnecessary injuries or unreasonable force against the person in handcuffs
Contact Adras & Altig, Attorneys at Law If the Police Illegally Handcuffed You
Police officers in Nevada have broad authority to place people in handcuffs. But they should also be held accountable when their actions go too far. If you were illegally handcuffed, contact Adras & Altig, Attorneys at Law today for a free consultation with an experienced criminal defense attorney.
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Our first prize winner, Shane Christensen, attends Llano High School in a small rural Texas town. His essay discusses how neighborhoods coming together is essential to prevent crime. Christensen explains how his town struggles with a methamphetamine epidemic, where he even sees his fellow high schoolers abusing drugs. He believes his town would benefit from a neighborhood watch group to combat this particular issue. “Communication between citizens and the law is the key to cracking down on certain problems in a society,” he explains. Christensen also states that funding should be provided to establish better lighting and cleanup throughout the town, as drug use and dealing runs rampant in the dark of night. He believes that through these methods, his town will be able to stop the production and distribution of drugs, as well as provide more safety for residents.
Second place is Steven Daley at Arizona State University, who addresses the circumstances that may lead some people to commit crimes. As he explains, “When people are unable to afford basic goods and services, they are more likely to meet their basic needs by committing crimes that give them the funds they need.” Daley believes that the way to prevent crime is to invest in services that can assist the needy with low-cost food, housing, transportation, medical treatment, and other essential goods and services. By ensuring people have the means to succeed and be gainfully employed, the need for many types of crimes will decrease.
Kiki Olafimihan, who attends Western New England University, sees the solution as requiring cooperation from many levels of society. This begins on a grassroots level to provide resources to the community and misguided youth. She also explains how cleaning up the community can help prevent vandalism, as a clean environment is less welcoming to crime. Olafimihan then states that there must also be involvement from the government level. The consequences of a criminal record frequently keep people from getting back on their feet, and they instead fall back into the cycle of crime. She explains, “Recognizing the unfairness of restricting relief to those without the means to financially fulfill certain obligations may prevent a recurrence of crime in the community.”