{"id":7220,"date":"2023-10-26T15:20:37","date_gmt":"2023-10-26T15:20:37","guid":{"rendered":"https:\/\/portal.bluetogold.com\/?p=7220"},"modified":"2026-09-17T06:23:43","modified_gmt":"2026-09-17T13:23:43","slug":"proper-use-of-handcuffing","status":"publish","type":"post","link":"https:\/\/portal.bluetogold.com\/?p=7220","title":{"rendered":"Proper Use of Handcuffing"},"content":{"rendered":"

Let’s start with some case law.<\/p>\n

The Ninth Circuit has held that you are allowed to use handcuffs during an investigative detention or traffic stop, if you can articulate it.\u00a0 A good case on this is United States versus Taylor, Ninth Circuit 1983.<\/p>\n

They basically held that the use of handcuffs, if reasonably necessary, has to be articulated, and while substantially aggravating the intrusiveness of the investigative stop or traffic stop, do not necessarily convert a Terry stop<\/a> into an arrest necessitating probable cause<\/a>.<\/p>\n

What happens if you use handcuffs improperly?<\/h2>\n

Well, what is the consequence?\u00a0 If you have an improper use of handcuffs, there are really three things that can happen.\u00a0 Number one is you could have what they’re kind of talking about here, which is what’s called a de facto arrest.\u00a0 A de facto arrest is when based on the totality of circumstances, the court believes that the person was essentially arrested.<\/p>\n

Well, what do you need for a valid arrest?\u00a0 You need probable cause.\u00a0 So if you have probable cause, then you have a valid arrest.\u00a0 If you don’t have probable cause, and you have an unlawful de facto arrest, then we have consequences, like suppression of evidence and so forth.<\/p>\n

Can improper handcuffing become an excessive force claim?<\/h2>\n

The other consequence could be an excessive force claim, which we are going to talk about as well.\u00a0 If officers do not properly articulate the use of handcuffs during an investigative detention or a traffic stop, that person can come back and say that you unlawfully used handcuffs, and they can try to go after you for a civil rights violation.<\/p>\n

Can handcuffs trigger Miranda?<\/h2>\n

And then finally, there are Miranda<\/a> issues.\u00a0 If handcuffs are improperly used, it can cause what’s called an arrest-like custody.\u00a0 You may not want to put the person under arrest.\u00a0 Maybe you’re just doing an investigative detention.\u00a0 You’re not looking to arrest them, you maybe don’t have probable cause.\u00a0 But even despite those facts, if you improperly use handcuffs, it could create a situation where now Miranda is required, because a reasonable person would feel that they’re under arrest. The constraints are in line with a formal arrest.<\/p>\n

So those are three consequences if we don’t use handcuffs appropriately: de facto arrest, excessive force, or Miranda-like custody.<\/p>\n

When does policy say handcuffs are appropriate on a Terry stop?<\/h2>\n

Now, I want to go over a policy.\u00a0 This is Las Vegas Metro PD Policy 3.110, \u201cUse of Force.\u201d\u00a0 The policy is actually in my opinion, very, very well written because it gives you lots of examples where handcuffs are appropriate during investigative detentions or Terry stops, where one or more of the following factors are present.\u00a0 They are appropriate only for as long as the circumstances exist, not to exceed 60 minutes.\u00a0 Otherwise, we turn that into a formal arrest.<\/p>\n

So articulate facts that the subject is physically uncooperative; that is, a fight situation.\u00a0 What about facts that the subject\u2019s actions may present physical danger to themselves or others if not restrained?\u00a0 Reasonable possibility of flight based on the actions of the subject; these have to be articulated.\u00a0 Why do you believe that this particular person may take off running on you?\u00a0 Maybe we need some facts about why this person may be currently armed, which would obviously allow a patdown as well.\u00a0 The stop closely follows a violent crime and you have reason to believe that this person was involved in it.\u00a0 Suicidal subjects, during a search warrant service, if you can articulate it’s reasonably necessary.\u00a0 Persons being transported to detox facilities, and so forth.<\/p>\n

But these are the main things that your department is looking for when you’re going to put handcuffs on someone.\u00a0 Now, the other thing that I want to mention is; if they can go on, they have to come off if you don’t have those reasons anymore.\u00a0 Sometimes cops will believe that a person may be a danger or a flight risk, but as they start talking to them, they realize that those facts no longer support handcuffing.<\/p>\n

How long can you keep someone in handcuffs on a detention?<\/h2>\n

I want to give you a brief case out of the Eighth Circuit.\u00a0 It’s a case in 2021, called Hanes versus Minnehan.\u00a0 Here is basically what happened.\u00a0 An officer saw the suspect stop his car and have a hand to hand transaction with a homeless person.\u00a0 He thought basically that one of them was selling drugs to the other.\u00a0 So the officer stops the car.\u00a0 So far so good.<\/p>\n

According to the court this was a high crime area, and the cop articulated reasonable suspicion for the stop, got the driver out and put him in handcuffs.\u00a0 Then he started talking to the driver, and he\u2019s composed, he’s calm, he explains that he actually did not purchase drugs or sell drugs. He just gave this homeless person some money.<\/p>\n

He offers to have the car searched by officers, he consents to a search.\u00a0 The cops pat him down and don’t find anything on his person or in a consensual search of his pockets.\u00a0 They run him, he has no criminal history and so forth. This whole time, he’s in handcuffs.\u00a0 Other officers show up, they wave them away.\u00a0 And they just keep him in handcuffs.<\/p>\n

The court found that the driver was approximately held in handcuffs for five minutes too long.\u00a0 Let’s say the whole stop was about 15 minutes long.\u00a0 Five of those minutes they found, was an unlawful use of handcuffs. And are you ready for it?\u00a0 No qualified immunity!<\/p>\n

\u00a0In other words, the court found that this was a violation of the Constitution.\u00a0 And it was clearly established under case law out of the Eighth Circuit.\u00a0 I think you’re going to find that same situation in the Ninth Circuit too.\u00a0 Where courts are looking at these detentions and where the cop is not able to articulate keeping a person in handcuffs for an investigative detention, that can cause legal problems for you.<\/p>\n

So at the end of the day, be safe out there, but articulate why you’re doing what you’re doing.\u00a0 And also remember that you have a legal obligation to continually reassess your constitutional intrusions.\u00a0 So if handcuffs go on, they can go on quickly, but they may need to be quickly taken off if the facts change.\u00a0 I hope this helps you get it right every single time.\u00a0 Please keep your questions coming.<\/p>\n

Related from Blue to Gold<\/h2>\n