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inhuman treatment during arrest

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freeadvicebike

Junior Member
What is the name of your state (only U.S. law)? california
during arrest i was kept in handcuffs while in the back of police cruiser for 3.5 to 4 hours. Also had to ask officers involved with transportation to at least open the windows while waiting for transportation. Is this amount of time excessive and therfore considered inhuman treatment?What is the name of your state (only U.S. law)?
 


Some Random Guy

Senior Member
in Muehler vs Mena (2005), the US Supreme Court held that a three hour detention in handcuffs of a non-arrested suspect during a search was reasonable. Therefore, I would suspect that, unless there is a CA-specific law on time spent in handcuffs, you would have no action based solely on the length of time in cuffs.

544 U.S. 93

Did you suffer any actual injuries as a result of sitting in a car for 3 to 4 hours? Did the officers open a window for you and did you suffer any actual injuries as a result of breathing the air inside the patrol car? How was your experience any different than that of a prisoner being transported from Los Angeles to San Fran in the back of a cruiser?
 

CdwJava

Senior Member
during arrest i was kept in handcuffs while in the back of police cruiser for 3.5 to 4 hours. Also had to ask officers involved with transportation to at least open the windows while waiting for transportation. Is this amount of time excessive and therfore considered inhuman treatment?
While this IS a long time, I can only suppose there was a reason to do so. Unless the action was to punish you in some manner, or you were somehow injured, I doubt that anything will come of it.

You can make a complaint to the agency involved. And, if you suffered any injuries, then you can speak to an attorney about making a claim for damages and a lawsuit against the agency.
 

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