When Can a Police Officer Put You in Handcuffs
When Can Police Place You in Handcuffs?
Many people associate being handcuffed past police with beingness arrested and read Miranda rights.
Nonetheless, there are several different situations, including but non express to beingness arrested, in which police may place you lot in handcuffs or other restraints without violating your civil rights.
So when can police put you in handcuffs? Hither are a few mutual scenarios:
- When executing a warrant. The U.S. Supreme Courtroom affirmed the right of law officers to use handcuffs to detain occupants of premises being searched pursuant to a search warrant in Muehler v. Mena in 2005. The Court had previously found in Michigan v. Summers (in 1981) that handcuffing an occupant during search of the premises was non a violation of the 4th Amendment's prohibition on unreasonable seizure of a person.
- For officeholder safety purposes. The same rationale that allows officers to handcuff occupants of a premises being searched also applies to other situations in which an officer feels he or she may exist at risk. As a grooming bulletin used past the Los Angeles Police force Department states, "The handcuffing of an arrestee is non based on rigid criteria. It is determined by the nature of each situation as perceived by the officer." If an officer feels that placing a person in handcuffs is the best way to ensure his or her own safety, and then a court would not likely observe that the officer had violated the rights of the person being detained.
- While a person is in custody. A person who has already been arrested and taken into custody may be handcuffed while in custody, even while appearing in court. Withal, if wearing restraints in courtroom would exist unduly prejudicial to a jury, your attorney may be able to claiming information technology.
- When there is probable crusade to identify you under arrest. Although police are non obligated to place a suspect who is being arrested into handcuffs or other restraints, officers may do so if they feel that it is necessary for their ain protection.
If you feel your ceremonious rights have been violated past police force misconduct, a criminal defense attorney can assist y'all defend yourself in court.
Related Resource:
- Notice Criminal Defence Lawyers Near You (FindLaw'south Lawyer Directory)
- When Are Police Allowed to Use Tasers? (FindLaw Blotter)
- Cops Handcuff Daughter, 6, Over Tantrum (FindLaw'south Blotter)
- First Grader Handcuffed Subsequently Easter Egg Tantrum (FindLaw's Blotter)
- Zero Tolerance Policy Means Handcuffs for 12 Yr Sometime Who Wrote on Her Desk (FindLaw'southward Legally Weird)
Content For You
Source: https://www.findlaw.com/legalblogs/criminal-defense/when-can-police-place-you-in-handcuffs/
0 Response to "When Can a Police Officer Put You in Handcuffs"
Post a Comment