NCJ Number
144503
Journal
Police Chief Volume: 60 Issue: 8 Dated: (August 1993) Pages: 26,29-30,32,34,36
Date Published
1993
Length
6 pages
Annotation
To determine policy related to handcuffing arrestees, police departments should compare their standards with language provided by U.S. Supreme Court.
Abstract
In general, the courts have supported handcuffing for safety concerns, based on the degree of harm inflicted and the interest of the government in protecting the officer, the public, and the suspect. However, the Supreme Court has established a standard of "objective reasonableness," which forces officers to ask what the severity of the crime is, whether the suspect poses an immediate threat, and whether the suspect was actively resisting arrest or attempting to flee. These factors must be considered collectively in determining the appropriateness of the total force used. A review of local, State, and Federal police policies revealed a variety of procedures pertaining to the use of handcuffs. This author concludes that a general practice to handcuff all arrested persons, even if supportable by the due process standard on force, may soon no longer be acceptable. A deviation in a policy of respect for every suspect should be manifested only as a response to an initiated action by the suspect which impinges on the public or officer's safety. 13 references