Handcuffed for not signing a ticket?

[EMauricio]

What is the name of your state?What is the name of your state?What is the name of your state? Colorado

Hello

This past sunday I was test-driving a demo vehicle from a dealer. After having me stopped the officer took the plate that was displayed in the front window and I was given a ticket for a "fictitious plate." I asked the officer if I could speak to a supervisor that could explain to me why I was left without a vehicle to drive and 10 miles away from my house for something I had not caused, since I was not doing anything illegal and because I wasn't dressed for the day (turned out to be a much colder day than expected).

The officer asked me if I was refusing to sign the ticket to which I answer that I wasn't, I just wanted to elevate the problem. He proceeded to handcuff me right in front of Costco and in front of my wife. He left her there and drove me to the county jail. After waiting some 20 minutes handcuffed, the officer received a phone call (most likely from a supervisor) to have me driven to my house. He took the handcuffs off and drove me home.

Needless to say my ego is EXTREMELY hurt (and my wrists too because of the handcuffs being too tight) since I had NEVER done anything other than getting a couple of speeding tickets over the last five years. My questions are: Can they do this? Can they handcuff me without reading me my rights? Can they handcuff me for ASKING to speak to a supervisor? can they handcuff me for not signing a ticket? I never signed the ticket, anyways!!!

I have never been rude and I never resisted anything the officer said. I feel violated and betrayed by those same people who are there to "protect" me.

Any comments or feedback will help. Thank you much.

[snostar]

Yes, it is a method of restraint which can be exercised at their will. The officer had a reason, whether or not you agree with it.

[CdwJava]

In my state, failure to sign the ticket would have landed you in the county jail. You got a ride home. I'd say you were lucky.

If you disagree with the cite, that's fine - court is where you should discuss it. The officer at the scene has a job to do and he is not going to spend a lot of time going round and round with you over your citation.

The officer is not necessarily responsible for seeing that you get home. You were in front of a store, presumably with money, and you likely had access to a phone that you could call someone to give you a lift. The officer COULD have called someone for you or waited until you completd a call yourself, but he was likely under no legal obligation to do so.

If you have a complaint about his demeanor and attitude, go to the station and ask about how to file a formal complaint against the officer in question.

- Carl

[CdwJava]

Originally Posted by EMauricio

My questions are: Can they do this?

Yes. Handcuffs are a restraint. And if he had the lawful right in your state to take you in to custody for failing to sign the citation, then this was perfectly fine.

Can they handcuff me without reading me my rights?

Yes. Miranda rights are only required when both custody AND interrogation occur. Only on TV (and, apparently, at the NYPD) are people regularly read their rights when they are cuffed.

Can they handcuff me for ASKING to speak to a supervisor?

No. But you were apparently handcuffed as you were taken in to custody for failing to sign the citation.

can they handcuff me for not signing a ticket?

In my state they can. I believe it is the same in CO, but I am not sure. If they cannot make a custodial arrest in CO for failure to sign a citation ... oops! You can always consult an attorney.



- Carl

[Curt581]

DUPLICATE THREAD

This is also in Arrests Searches Warrants and Procedure section


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