Legal Question in Criminal Law in California

unlawful detention?

is it legal for a police officer to point a gun at you then quickly hand cuffs you just because they thought you were a suspect? They didnt tell me why they hand cuffed me but told me after my release released


Asked on 6/23/09, 2:56 pm

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

Re: unlawful detention?

The officers must have "reasonable suspicion" to detain you. They can use reasonable force to hold you during the period of detention. Whether guns and handcuffs were "appropriate" in your situation - I can't say. You didn't say why you were detained and what they suspected you of.

No, they don't necessarily have to tell you why you're being detained. They must inform you why you're being arrested, but not detained. Most do in order to try to secure cooperation and/or a statement, but it's not required.

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Answered on 6/23/09, 3:00 pm


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