Legal Question in Civil Rights Law in California

If a person is not on probation nor parole, do officers havr the right to handcuff the person, mind you they were walking and minding their own business.


Asked on 2/27/13, 4:03 pm

1 Answer from Attorneys

Daphne Macklin Law Office of Daphne L. Macklin

This is a dicey one but it goes like this: an officer is allowed to take whatever non-lethal and reasonable steps to protect himself or herself during the course of a custodial interrogation (hence people handcuffed to tables while sitting in the police department). Without knowing all of the circumstances, if the officer was considering a custodial arrest, then he or she within his or her rights to handcuff the person being questioned. If you have a criminal record or history, the officer quite frankly may have opted to handcuff you as a precaution given past history.

My sense is that if you feel that handcuffing was unnecessary, done for harassment or humiliation purposes, then you should consider writing a complaint letter to the local chief of police or sheriff. It is unlikely that anything further would happen but if there is a sizable collection of complaints such as yours, then it is quite possible things could change. good luck with this.

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Answered on 2/27/13, 4:15 pm


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