Generally, handcuffing a suspect during an arrest is allowed when the police officer has a reasonable basis for believing the suspect poses a present physical threat or might flee.

Circumstances in which handcuffing is considered necessary include when: (1) the suspect is uncooperative; (2) the officer has information the suspect is currently armed; (3) the officer has information the suspect is about to commit a violent crime; (4) the detention closely follows a violent crime by a person matching the suspect’s description and/or vehicle; (5) the suspect acts in a manner raising a reasonable possibility of danger or flight; or (6) the suspects outnumber the officers.

As the case of People v. Stier states, police officers need to have clear reasons that would suggest someone is a threat or is armed in order to handcuff them. An officer may not handcuff someone who is four to five inches taller than them and the officer is “uncomfortable” only about the height differential.

While a suspect’s height could factor for an officer to consider in assessing whether the suspect poses a present physical threat, a person’s height alone is not considered a threat to an officer’s safety. What is more important is the suspect’s conduct and behavior. If the suspect’s behavior is cooperative, polite, and calm, handcuffing the suspect becomes much less necessary as the officer’s safety is a lot less likely to be threatened.

The Law Offices of Michael S. Carrillo will protect your rights to ensure that they are not violated by police officers. If you have been arrested or handcuffed for your misdemeanor or felony case it is important to hire a competent and experienced attorney to defend your rights in your case. Give us a call immediately to discuss your case and receive a free consultation. Call (626) 799-9375 now.