Legal to be handcuffed to fixed object in Delaware?

[jessi3boys]

What is the name of your state (only U.S. law)? delaware

Is it proper police procedure to handcuff a person being detained to a fixed object in the state of Delaware?

[Alex23]

This thread is making me hot, but I don't live in Delaware.

[You Are Guilty]

Originally Posted by jessi3boys

What is the name of your state (only U.S. law)? delaware

Is it legal to handcuff a person being detained to a fixed object in the state of Delaware?

Depends. If by "fixed object" you mean a neutered dog, then no. However, if you mean something that is not moving, then I have to question your intelligence.

[jessi3boys]

Originally Posted by You Are Guilty

Depends. If by "fixed object" you mean a neutered dog, then no. However, if you mean something that is not moving, then I have to question your intelligence.

Question my intelligence? For your info I am a retired Md officer and it is against police procedure to handcuff anyone to a fixed object (ie rail, pole) for obvious safety reasons and liability reasons. I am not familiar with Delaware's policies and was merely asking as a close friend was arrested there and was handcuffed to a ring set in the wall for over three hours.

[Zigner]

Originally Posted by jessi3boys

Question my intelligence? For your info I am a retired Md officer and it is against police procedure to handcuff anyone to a fixed object (ie rail, pole) for obvious safety reasons and liability reasons. I am not familiar with Delaware's policies and was merely asking as a close friend was arrested there and was handcuffed to a ring set in the wall for over three hours.

Against procedure is not the same as illegal...

[jessi3boys]

Originally Posted by Zigner

Against procedure is not the same as illegal...

I also understand that. It is merely a question and no one seems to be able to answer it with a yes or no. All anyone seems to be able to do here is be insulting. I thought this website was here to help with questions not throw insults at the people who ask them. Apparently, I misjudged the calibre of the members here. I merely asked a question here because I could not find anything about Delaware's arrest and detention procedures online. MAybe I need to rephrase the question to: Is it against police procedure to handcuff a detainee/arrestee to a fixed object in the state of Delaware?

[quincy]

The answer to your question, jessi, is that it depends.

The DOJ's National Criminal Justice Reference Service advises that an officer should never handcuff a suspect to a fixed object or to himself. However it is not illegal to do so.

The test as to whether a suspect's Fourth Amendment rights are violated by the handcuffing was outlined in Michigan v Summers, 452 US (1981). In addition, the Fourth Amendment, which gives a person the right to be free from "unreasonable seizure," had reasonableness defined in Graham v Connor, 490 US (1989).

Handcuffing is warranted when there is a risk of flight, when it is used to minimize the risk of harm to officers, and when done to facilitate the orderly completion of a search. The authority to detain incident to a search is unquestionned. It is the prolonged use beyond the time reasonably required under the circumstances that is a question.

Whether three hours handcuffed to a fixed object is unreasonable and a violation of your friend's Fourth Amendment rights depends on all of the facts.

[jessi3boys]

Originally Posted by quincy

The answer to your question, jessi, is that it depends.

The DOJ's National Criminal Justice Reference Service advises that an officer should never handcuff a suspect to a fixed object or to himself. However it is not illegal to do so.

The test as to whether a suspect's Fourth Amendment rights are violated by the handcuffing was outlined in Michigan v Summers, 452 US (1981). In addition, the Fourth Amendment, which gives a person the right to be free from "unreasonable seizure," had reasonableness defined in Graham v Connor, 490 US (1989).

Handcuffing is warranted when there is a risk of flight, when it is used to minimize the risk of harm to officers, and when done to facilitate the orderly completion of a search. The authority to detain incident to a search is unquestionned. It is the prolonged use beyond the time reasonably required under the circumstances that is a question.

Whether three hours handcuffed to a fixed object is unreasonable and a violation of your friend's Fourth Amendment rights depends on all of the facts.

Thank You very much Quincy.

[IsabellaSoriano]

Originally Posted by You Are Guilty

Depends. If by "fixed object" you mean a neutered dog, then no. However, if you mean something that is not moving, then I have to question your intelligence.

ow! that was too funny!

[quincy]

You're welcome, jessi.



As an aside: I think it is probably better to be handcuffed to a fixed object than to one that is moving (say, a bus).

[CdwJava]

When in a station for booking, an interview, or some form of processing it is not uncommon for a prisoner to be handcuffed or shackled to a fixed object. The person should not generally be unattended, but it is not un-common.

I would not think that three hours would be unreasonable if that is the time it took to do the processing or arrange for transportation of the prisoner to a holding facility. My old department had a bench with a rail running along the back side of it, and prisoners could be cuffed to the rail. We're looking to put something like that IN to my current agency because as it is right now, if we want a secure place to process prisoners, we have to take them to the jail ... not the best place to conduct interviews.

Different rules may also apply to juveniles. At least in my state, you generally cannot cuff a juvenile to a fixed object.

- Carl

[You Are Guilty]

Again, a violation of police procedure is not illegal. (If it was illegal, then someone is going to make millions off of Central Booking.)

[Antigone*of*Greece]

Originally Posted by You Are Guilty

Again, a violation of police procedure is not illegal. (If it was illegal, then someone is going to make millions off of Central Booking.)

from my monitor to you YAG: Darn it!!! I hate it when she drinks that chai latte stuff

[jessi3boys]

[quote=You Are Guilty;2340805]Again, a violation of police procedure is not illegal. (If it was illegal, then someone is going to make millions off of Central Booking.)[/QUOTE

She isnt looking to sue I was merely asking the question because I found it to be a bit "off" to be handcuffed to a ring set in the wall for 3 hours for an arrestable traffic violation (not DWI/DUI).
Oh and I already know that life isnt fair dear and no one ever told me it was. It was reinforced when I held my 27 year old brothers hand as he passed from cancer and again when illness struck me and ended my career in law enforcement at 30. Its how you handle the rough times that make you who you are.

[jessi3boys]

Originally Posted by quincy

You're welcome, jessi.



As an aside: I think it is probably better to be handcuffed to a fixed object than to one that is moving (say, a bus).

LOL isnt that the truth althought there were a few I would have loved to have done that too.