Legal Question in Education Law in Louisiana
Is it lawful for a police officer to handcuff a 6yrold kindergarten child without parents being notified first?
Asked on 5/07/14, 9:36 pm
1 Answer from Attorneys
Adam Lambert
The Law Office of Adam S. Lambert
If the child is actually under arrest, I believe they have to cuff the child. I believe that is standard policy even for non-violent people and children placed under arrest. However, my understanding (although I am not a criminal lawyer) is that the police are only supposed to handcuff people who are not under arrest in order to protect the officer from possible harm from the person. I don't see any sort of circumstances where a 6 year old could pose such a serious threat to a grown man that the child had to be cuffed. That seems quite excessive to me if the child was not actually under arrest.
Answered on 6/16/14, 9:48 am
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