Consent to handcuffing

[PSOfficer]

If I have a suspect in my custody, does his consent to him getting handcuffed get me out of any "false arrest" charges? Skateboarder story btw.

[histfan71]

No, in order to lawfully arrest someone you must have probable cause to believe that a crime has been committed and that the person you are arresting committed that crime. A person consenting to be handcuffed will not shield you from false arrest charges, if you made the arrest without sufficient probable cause.

In most states, you may only arrest a person for a misdemeanor crime if you actually witnessed the person commit the crime.

In the case of felony crimes, you must KNOW (not just suspect) that a felony crime has been committed, and have probable cause to believe that the person you are arresting committed the crime.

Laws vary between jurisdictions, so check the laws in your state.

[Bill Warnock]

That is excellent advice we can all profit from. HistFan, thank for posting that comment.
Enjoy the day,
Bill

[PSOfficer]

Well, he did commit a crime, he was trespassing.

[LavianoTS386]

^ Is it considered only a violation?

[Lawson]

Theres many things that go around trespassing and using cuffs for arrests...

Is the area a public domain? (I.e. private property that people commonly frequent, such as a parking lot)

Are there "No Trespassing" signs?

Has he been warned before?

Was law enforcement advised and responded? (as far as I am concerned, I never "un-arrest" people, I'll leave that to the cops.)

Could you have affected the arrest without handcuffs?

What time of day was it?

How many of them were there vs. how many of you?

Any weapons involved? Was the suspect compliant?

the list goes on and on and on...

[HotelSecurity]

Was law enforcement advised and responded? (as far as I am concerned, I never "un-arrest" people, I'll leave that to the cops.)

For our Canadian members, in order for the arrest to be legal you MUST turn the person over to the police. If you on your own release them, the arrest has become illegal.

[histfan71]

Well, he did commit a crime, he was trespassing.

You did not give us enough information about the specific circumstances to judge if the arrest you made was proper. If you are in California or Hawaii, I might be able to tell you.

[N. A. Corbier]

If you're in Florida, I can probably figure it out, as well as Washington and a few others states I've had to read up on for members.

Basically, here's the "Is this guy under arrest" checklist. If you cannot answer each question, then the arrest may not be lawful

1. Do I have the authority to arrest, either through statute (You are a peace officer, special officer, or private citizen who has a statutory arrest power), or through common law (citizen's arrest.)

2. Can I figure out what crime has been committed?

3. What are the elements of the crime?

4. How has the suspect committed each element of the crime?

5. Is this an arrestable offense under common law or statute for someone with my authority? (Breaches of Peace, Felony, Misdemeanor, Ordinance... Each jurisdiction gives authority to arrest differently, as well as who you are legally.)

6. Does law authorize me to use force to overcome resistance or protect myself from unlawful interference?

7. Does company policy authorize me to arrest?

Basically, the chain goes like this: Detect the criminal offense, determine that the suspect committed the criminal offense (meets all elements of the crime), determine you can arrest for that crime (You may not be able to arrest for a misdemeanor you detected, only observed, etc), determine you can use force to overcome resistance, announce the arrest, and engage till the person is arrested or the arrest becomes too dangerous to continue (You lose.)

[Mr. Security]

Theres many things that go around trespassing and using cuffs for arrests...

Is the area a public domain? (I.e. private property that people commonly frequent, such as a parking lot)

Are there "No Trespassing" signs?

Has he been warned before?

Was law enforcement advised and responded? (as far as I am concerned, I never "un-arrest" people, I'll leave that to the cops.)

Could you have affected the arrest without handcuffs?

What time of day was it?

How many of them were there vs. how many of you?

Any weapons involved? Was the suspect compliant?

the list goes on and on and on...

This is a key factor in CT. The police issue a no trespass warning and THEN the person is arrested the next time. Even so, it doesn't mean that they are "cuffed & stuffed." Generally, the police will issue a summons w/ a PTA as long as there are no hits pending on the suspect.

[PSOfficer]

He was trespassing. I had told him to leave once a week before. It was only him and I. It was getting dark, and I was just a little nervous, being that it was just two of us. I just told him that we would both be safer if I restrained him. He said well whatever and I handcuffed him, I felt it was the safest way to handle the situation.

[Mall Director]

Well, from the way we play, along with state statutes regarding our "powers of arrest", I am not sure I personally would have placed him in restraints. Of course, if you have had prior encounters with the subject, and he has demonstrated a level of uncertainty with safety being a factor, then its really a tough call.

I am curious, did you document the first encounter at all any where? Do you have written "trespass warning orders" (ie: barrment forms), that you can issue out?

Where I am at, we issue these documents out as to not only serve as a trespass warning order, but to document that we gave a warning to not come back, that can be kept on file. Once we have sent them along their way (1st encounter), then we have grounds for a legal arrest if they return before expiration of the warning order. (Now, this is purely our situation and in a different state). Once they have returned, its automatic arrest.

Depending on the conditions set on the 2nd contact, such as where, when, how.. was it dark again? in a secluded area? Were you alone? Was the subject hostile or abbusive or percieved dangerous? Complaint?

Our policy is that if you can articulate that the concern for your safety, the safety of the arrested subject, and anyone else around could be jepordized by the actions or behaviors of the subject, then I would definately do so. Definately think ahead while playing it safe.. Our "skateboarders: tend to be loud, abbusive, wear amazingly huge and long belt chains and spikes. We find they carry an array of screwdrivers (I guess to "moddify" their skateboards during play) and other strange looking tools I have never seen before. And we really dont want any of this to be an issue, so we dont chance things alot.

Now, we have gone to court quite a few times, as the subject wants to plead "not-guilty" to a trespass charge. We have won every time, as we document there warning and violation with a lot of supporting evidence. During proceedings, the "accused" have had issues in the past with restraints being used (and even when PD picks them up), but it all has been deemed acceptable. Our PD officers that respond have had to deal with a complaining subject who wants to contest the use of the restraints, and Pd has been great about explaining that they would have done the same. In court, the prossecutor and judge agree as well, understanding safety.

Now, if we were to get some small subject who was completely compliant, and had not committed an offense that could be percieved as dangerous to anyone, and a threat or danger could not be articulated, I am sure it would be under scrutiny.

I can give two examples on the far end of the spectrum:

We had one person we brought in for theft and property damage. The subject was somewhat compliant. After bringing the subject into our facility, we had him sit down while we all waited for PD to arrive. While getting the paperwork together, the subject kept getting up and walking up to my table and was very animated in his actions, expressing that his friend had placed the stolen merchandise in his pockets and he wasnt aware of it. We didnt ask him any questions, as we had all we needed, and really didnt want to hear another story. Each time he got up, he bolted to the table while raising his voice expressing his version of the truth. After several reminders to take a seat, I warned him that if he got up again and approached me at the table, I would take it as an act of aggression, and would have to place him in restraints if he could not control himself. He got up again a minute later as he wanted to continue his story and approached the table. At that point we automatically placed him in restraints.

Other end of the spectrum, take that we had a female who was engaged in verbally fighting with another. After asking the one female to clam down several times, she went off and shoved the other female to the ground in front of us. She was hooked up immediately.

Both cases, we were able to articulate the violation of safety during a legal arrest. Subject #1 was warned repeatedly, was acting in an aggressive manner, was under legal arrest, displayed physical actions that were warnings to him getting wound up to the point where he could hurt us, himself or some one else. Subject #2, committed a physical act of violence (in front of us none the less), which harmed another. Restraints were to keep both subjects from not only hurting us, but if they become physical, the chances of them hurting themselves in their actions is higher. So its safety!

[hisownhero]

I'd be a little hesistant working graveyard with no one around even suggesting putting cuffs on someone who hasn't committed a serious crime. I've had several instances where the person I was planning on arresting was fine and cooperating until I got the cuffs out and then they just went beserk. Here in Seattle, we can only make a lawful arrest if we actually have witnessed someone committing a felony.

[Arff312]

Here is the way i look at it. I work at a mall and have prior experience as a police explorer. Anytime that i feel an arrest is necessary the person goes into hand cuffs. I do not leave any one out of handcuffs for several reasons. First off you never know what a subject is capable of, what he has Etc. Second this is the way i was trained as a police explorer and by my security trainers, Third if everyone goes into cuffs everytime then there is no way one person can say that i profiled them because of any reason if i treat everyone the same. Lastly that is how each officer at my post does it. I will NEVER arrest anyone and not cuff them. As once i place them under arrest they are my responsibilty and that is just one more step to ensure safety and prevent escape. Also everyone who is handcuffed is searched for weapons and means of escape. This is just my way of seeing this issue.

[Mr. Security]

Here is the way i look at it. I work at a mall and have prior experience as a police explorer. Anytime that i feel an arrest is necessary the person goes into hand cuffs. I do not leave any one out of handcuffs for several reasons. First off you never know what a subject is capable of, what he has Etc. Second this is the way i was trained as a police explorer and by my security trainers, Third if everyone goes into cuffs everytime then there is no way one person can say that i profiled them because of any reason if i treat everyone the same. Lastly that is how each officer at my post does it. I will NEVER arrest anyone and not cuff them. As once i place them under arrest they are my responsibilty and that is just one more step to ensure safety and prevent escape. Also everyone who is handcuffed is searched for weapons and means of escape. This is just my way of seeing this issue.

That's all well and good for a lawful arrest, but in this case the question is: Was it lawful?

[Arff312]

Well if that is a issue there should have never been a arrest. If you are not sure that you can do something then dont do it. If you dont have teh ability or knowledge to make an arrest dont do it. Call the police and get them out there. I am a big fan of pro active security but also make sure you are not getting your self in trouble too.

[Mr. Security]

Well if that is a issue there should have never been a arrest. If you are not sure that you can do something then dont do it. If you dont have teh ability or knowledge to make an arrest dont do it. Call the police and get them out there. I am a big fan of pro active security but also make sure you are not getting your self in trouble too.

Agreed. :) This particular incident appears somewhat iffy; not a good situation for a security officer to be in.

[Lawson]

I will NEVER arrest anyone and not cuff them.
In some parts, that can get you into a little hot water. Around here, you can affect an arrest simply by stating "You are under arrest."

After that you need to have just cause to do what you do. As far as citizen's arrests go, you can open yourself up civily if you place someone into cuffs and it was deemed unnecessary. e.g. you decide to arrest me for a shoplift. I, not wanting a fight, succomb to your commands and take a seat on the curb and place my hands on my lap. If you were to have me stand up for a cuffing, in some area courts I could sue your ass off for unjust force and restraint.

Now, if you can articulate that (and you better be able to articulate it well) you felt that this person was either a threat (i.e. arresting for an aggravated assault or battery) or a flight risk (i.e. the person has been trying to walk away or is resisting your arrest) then I would say have-at. But as always, be cautious.

[Lawson]

He was trespassing. I had told him to leave once a week before. It was only him and I. It was getting dark, and I was just a little nervous, being that it was just two of us. I just told him that we would both be safer if I restrained him. He said well whatever and I handcuffed him, I felt it was the safest way to handle the situation.
As far as this situation goes, I would have the police on the way.. give a really good description in case he gets away from you. Upon contact I would advise him that he is trespassing and it would be best for him to wait for the police. Upon LE arrival, have them issue a criminal trespass form.

If he comes back anytime, I would say feel free to affect an arrest, but it is best to have every duck in a row before going for a swim and all the ammo you need for your arsenal before going to war.

[jeff194307]

Here is the problem. How many Security Firms provide training in probable cause, search and siesure, unarmed defense, arrest and detention? Very few. The bottom line is never arrest anyone if you do not know the law and/or the legal reason for detention. If you even detain a subject, you had better know what you are allowed to do or some defense atty will ruin your security carreer.

[Mr. Security]

Here is the problem. How many Security Firms provide training in probable cause, search and siesure, unarmed defense, arrest and detention? Very few. The bottom line is never arrest anyone if you do not know the law and/or the legal reason for detention. If you even detain a subject, you had better know what you are allowed to do or some defense atty will ruin your security carreer.

Not to mention your bank account/other assets, if you happen to have any $$$.

[PSOfficer]

I did not document the first encounter. I told him to leave and he did. The second contact, I just felt more nervous, plus he, in my opinion, gave the ok for the handcuffs to go on. I just think that in this kind of situation, handcuffs make it much more safe for him and me. Plus, if nothing has come of it now, nothing will.

[N. A. Corbier]

The problem with consent to handcuffing is that if he wants you to remove them at any point, you must comply with that order. This is why handcuffing against someone's wishes based on law is perferable.

[Lawson]

When I was working as a Port Security Patrol Officer I used to get a lot of people coming up to me and asking me to put them in handcuffs for a variety of reasons, some people just wanted a picture, some wanted to know what it felt like, etc... I would never place them in handcuffs due to the fact that Washington State does see that as a detention and all it took was on person to say they didnt feel they were free to leave and I would be in a heap of trouble.

[GCMC Security]

wth is consent to handcuff?? Never heard of it, if I'm cuffing you it's because you screwed up and you dont want me to do it! Now I have told individuals, I am handcuffing you for my safety and for your safety and that's it, I don't ask for permission

[Mall Director]

I was waiting so patiently for that quesiton!!! LOL!!! Why would some one request it?

I have requests like this all the time, even on arrested subjects.. Response:

1) People feel that they are proving their innocense and their complaince to your requests or demands. They dont want to just verbalize their complaince, they want it known to all that they ar no danger to anyone.. "See, I am innocent, I am letting myself get handcuffed.. I am not a bad guy.. Look everyone, I am cool and have nothing to hide". Its retarded, but thats their goal, to up play their innocense of violating a rule or law. We label these individuals as "drama subjects"..LOL

2) Its kewl dude! "Look at me mom (or friends) I am a real bad guy. I got handcuffed.. Wooo, look out for big bad me. I need to be cuffed cause I am dangerous!".. Another retarded reason, Juveniles love this game. They want it done so it makes them the talk of the school the next day!

3) Ignorance. Whether its plain stupidity on their understanding of the law, or they succomb to pressure of the smallest amount easily, complaince from these types are common.

4) Looking for free $$$$. They say "You can cuff me, I am not a danger and want to agree with you", then turn around a few days later with a different story! Danger Will Robinson!

I am not saying to not restrain your subjects.. Just have cause, and document the heck out of it. If any one wants an example of a great document I put together a few years ago, that clear up alot of noise in court, the judges love it, and I am happy to provide it. Liek stated so many times before, have your just cause, and then document all contacts, especially when using restraints. Same with OC and other impact weapons.

I just had acompliant female today, that we arrested for violating a RO and trespassing. We documented her before, and she came back. During the arrest she tried the crying routine, and the helpless me "i didnt know" card. Regardless, she was placed in restraints. Why? Because her first contact was violent. Even though she was compliant now, the first time we dealt with her, she attempted to decapitate one of my officers with payphone. We didnt chance it, and it was best. Needless to say, she went to county lockup.

Some people we get are arrested on site, but htey havent been violent or acted aggressively. So we may take a chance and not use restraints. It may be a bad call, but its something we are working through!

[N. A. Corbier]

If you're going to arrest someone, physically deprive them of the ability to attack or escape. :)

[Mall Director]

Ahh yes, nothing liek the psychological effects of an arrest! LOL.. It seems to get the message loud and clear when you plce those restraints on a subject.

I recently had an arrest. Placing the restraints on the subject was compliant and easy, even though a previous violent contact with us before. But what amazed me, or should I say I noticed, is when PD came to pick her up, we had this one Officer, who is a bit abbrassive. He make that statement loud and clear, when he switched out restraints, he made it very clear he was in chrage when he slammed the restraints across her wrist.. I didnt know cuffs could make such a nice loud peircing noise. It got her attention, as well as all of ours.