Legal Question in Criminal Law in California

Can a cop come up on a parked car, pull the person out of the car, place them in hand cuffs without giving a reason why


Asked on 6/23/15, 6:35 am

2 Answers from Attorneys

Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

It does not seem right but I am not sure I have all the facts. Were Miranda rights given after being placed in handcuffs? Was there a care chase first? Forgive me, I just don't know if I have all the facts of the incident.

But no, this is not proper police procedure under normal circumstances.

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Answered on 6/23/15, 9:19 am
Edward Hoffman Law Offices of Edward A. Hoffman

Not usually. But I can imagine circumstances where police could justifiably do what you describe. It's one thing to handcuff a suspect before telling him what's going on, but it would be quite another to keep the information from him once he's been in custody for a while. And like Mr. Wheeler, I sense that this isn't an even-handed account of what happened.

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Answered on 6/23/15, 10:00 am


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