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Consent to handcuffing

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  • Mall Director
    replied
    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.

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  • N. A. Corbier
    replied
    If you're going to arrest someone, physically deprive them of the ability to attack or escape.

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  • Mall Director
    replied
    Ahhh, the question arrises.. please, let me answer!

    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!

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  • GCMC Security
    replied
    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

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  • Lawson
    replied
    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.

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  • N. A. Corbier
    replied
    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.

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  • PSOfficer
    replied
    concent

    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.

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  • Mr. Security
    replied
    [QUOTE=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.[/QUOTE]

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

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  • jeff194307
    replied
    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.

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  • Lawson
    replied
    Originally posted by 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.
    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.

    Leave a comment:


  • Lawson
    replied
    Originally posted by Arff312
    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.

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  • Mr. Security
    replied
    Originally posted by 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.
    Agreed. This particular incident appears somewhat iffy; not a good situation for a security officer to be in.

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  • Arff312
    replied
    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.

    Leave a comment:


  • Mr. Security
    replied
    Originally posted by 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.
    That's all well and good for a lawful arrest, but in this case the question is: Was it lawful?

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  • Arff312
    replied
    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.

    Leave a comment:

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