Set Cuff
Why is it legal to put cuffs on someone if they havent committed an offence or been arrested?
I watched cops ..and the police officer cuffed the guy and set him on the sidewalk.The officer wasnt in danger or being abused. He was eventually released without charge ,but isnt that illegal detention and against international law? Freedom of movement? It started as a traffic stop.
Each law enforcement officer has a certain amount of what's called 'discretional lattitude' to handle a situation in a manner that he thinks is necessary to maintain a safe situation for himslef, other officers, and the general public. This does not mean every officer will make the absolute correct choice every time. They, too, are human... and subject to all the weaknesses all humans share. However, as a question of legality, here is a website with an article that "...examines recent decisions addressing the use of handcuffs so as to identify specific risks associated with handcuffing and to make particular recommendations to diminish these liabilities."
http://www.llrmi.com/Articles/le-handcuffsrisk.cfm
"The application of handcuffs to a person is an assault and unlawful unless it can be justified. Justification is achieved through establishing not only a legal right to use handcuffs, but also good objective grounds for doing so in order to show that what the officer did was a reasonable use of force."
An excerpt from an article from the UK on proper use of ratchet handcuffs:
http://pso.hmprisonservice.gov.uk/pso1600/Sec%202%20ratchetslink.htm
Here is the official policy of the Cleveland Police Dept on the use of handcuffs:
http://www.cleveland.police.uk/downloads/publications/foi/policies/97.pdf
Here is the Aele Law Library of Case summaries: Civil Liability of Law Enforcement Agencies & Personell: Assoult and Battery: Handcuffs & Restraints (ain't that a mouthfull?):
http://www.aele.org/law/Digests/civil17.html
Some interesting court decisions regarding handcuff use:
http://www.kcpd.org/masterindex/Files/Lb/LB%2094-08.pdf
DPS Training Bulliten, Alaska, legal bulletin No. 296
Darin L Muehler, et al v. Iris Mena
United States Supreme Court
Case No. 03-1423
Use of Handcuffs to Detain Person During Questioning and Search Warrant Execution:
http://www.dps.state.ak.us/apsc/docs/bulletins/LB296.pdf
The case of Michegan v Summers is also educational regarding fourth amendment rights (search and seisure):
http://law.jrank.org/pages/13030/Michigan-v-Summers.html
and, finally, a legal analysis of 'Use -of-Force' that is quite educational:
http://www.laaw.com/uoflegout.htm
Basically, the use of handcuffs is at the officer's discretion. While there are some guidelines to their 'legal' use, the officer may find it useful to invoke some sort of 'reasonable suspicion' or the somewhat stronger justification of 'reasonable cause' to use handcuffs, based on his/her evaluation of a given situation. The couts are inclined to rule in favor of the officer in most cases. Without substantial proof of 'use of unreasonable force', one cannot make a very good case of it. And, of course, most officers are taught how to control a situation so there can be little, if any, substantial evidence against them.
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