If A Person's Not Under Arrest, Why Are They Handcuffed?
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If A Person's Not Under Arrest, Why Are They Handcuffed? - 7/26/2008 9:53:50 PM
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MyCatSmokey2006
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I was watching Cops tonight in which a man with some serious personal issues had a knife and was suicidal. After they disarmed him, he was handcuffed, put in a police car, told that he was being taken to a hospital for an evaluation, but was not under arrest.
My question may sound dumb, but I'm going to ask it anyway. Since I know that if a person is under arrest, that means that they're not free to leave and are usually wearing handcuffs. So, if a person's considered not under arrest, but they're not free to leave and it's not a criminal matter, then why would they be wearing handcuffs?
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RE: If A Person's Not Under Arrest, Why Are They Handcu... - 7/26/2008 10:03:39 PM
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SteveSund
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He was handcuffed for his safety and for the safety of the people transporting him. This is standard procedure (in my state, at least) if someone is being taken to a facility for evaluation. Unless they are acting out, then the handcuffs are usually removed at the evaluation site. Like you mentioned, this is a civil, rather than criminal matter, but people can still be detained for civil matters.
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RE: If A Person's Not Under Arrest, Why Are They Handcu... - 7/26/2008 10:17:27 PM
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Leon_Figg3
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As SteveSund said, this sounds like a situation in which the man was handcuffed because he posed a threat to himself and others.
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RE: If A Person's Not Under Arrest, Why Are They Handcu... - 7/26/2008 10:18:05 PM
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humbleinspirit
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Yes, its called protective custody.
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RE: If A Person's Not Under Arrest, Why Are They Handcu... - 7/27/2008 4:03:39 AM
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FurGodWurLivin
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Yeap. According to certain state's laws, handcuffs come into use in either in the case of criminal arrest (usually due to flight risk) OR because continued action by the subject places themselves or others involved at some kind of physical risk. For example, that guy that you saw on Cops had both a major flight risk (suicidal people tend to also be very paranoid), and the reasonable assumption that if he was left unrestrained (being suicidal in the first place) he might cause grievous harm to himself or the officers around him.
Adam
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RE: If A Person's Not Under Arrest, Why Are They Handcu... - 7/27/2008 8:44:42 AM
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rcjames
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The difference between restrained (handcuffed) and arrested is a legal one.
If one is arrested they are going to be taken in booked and processed.
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RE: If A Person's Not Under Arrest, Why Are They Handcu... - 7/27/2008 2:34:48 PM
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colliefan
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rc hit it correctly. They are being restrained for their own, and the officers, protection.
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RE: If A Person's Not Under Arrest, Why Are They Handcu... - 7/28/2008 9:31:19 AM
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redeemedsaint
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Most are handcuffed just for the safety of the officer and to the public at large.
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RE: If A Person's Not Under Arrest, Why Are They Handcu... - 7/28/2008 11:53:42 AM
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WesP
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quote:
ORIGINAL: MyCatSmokey2006
That's what I figured, but I was just concerned that there was a possible violation of the guy's civil rights for some dumb reason. Why did I start this thread in the first place?  Mods, please have mercy and close this thread. Thank you.
FYI, it was not a dumb question at all. In fact, I can tell you from personal experience that cops can handcuff you based simply on something someone called in to the station or told an officer in person. My ex-wife was mad and her friend called the police at 2:00am to tell them that I may have killed her in my home. They came and cuffed me in my own home right in front of my daughter (5yo at the time) just so they could search my house. Lovely, huh? They told me that I had no rights to complain, and they did not have to tell me who filed the complaint!
< Message edited by WesP -- 7/28/2008 12:33:13 PM >
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