Can a Police Officer Handcuff You Without “Arresting” You?

While many might assume that someone police put in handcuffs is under arrest, that is not necessarily the case. A series of court decisions have given the police the right, in certain circumstances, to place someone in handcuffs even when they are not under arrest. But there are still cases where police cannot handcuff someone without arresting them. It is important to understand these rules to protect your rights.

Contact us to learn more about when police can handcuff someone without arresting them and when it is illegal to handcuff someone.

When Do Police Have the Right to Handcuff Someone?

There are a few common scenarios when police have the right to handcuff someone, such as:

• When executing a search warrant – The Supreme Court has ruled that police can detain and handcuff someone when searching their premises with a valid warrant. In these cases, the person in handcuffs is not necessarily under arrest. However, police can arrest them later if they find probable cause during their search.
• To protect officers’ safety – This rationale gives police broad authority to place someone in handcuffs. It is up to individual officers to determine how safe they are and whether handcuffs are necessary to protect themselves.
• When they believe a suspect in custody is a flight risk – If a police officer believes a suspect may try to flee the scene during questioning or as part of an investigation, they have the right to place them in handcuffs.
• At any time after they place someone under arrest –  Once the suspect is in custody, police can keep them in handcuffs in most circumstances.

Examples of Times When Police Can Use Handcuffs 

Outside of an arrest, the main reasons police will place someone in handcuffs are if they are worried about their safety or believe the suspect may try to run away.

Common signs police look for to determine if there’s a risk of violence include:

• Not cooperating with an officer’s commands
• Hiding your hands
• Tensing up
• Making intense eye contact
• Being impaired by drugs or alcohol

Common signs police look for that may indicate you are a flight risk include:

• Scanning the area as if you are looking for an exit
• Pacing
• Rocking back and forth
• Trying to move away from the officer
• Lying to an officer, especially if the officer says they know you are lying
• Stretching your arms or legs as if you are preparing to run

What Should Officers Do When Handcuffing a Person?

You still have rights even when being handcuffed. These include the right to be protected from excessive force. When placing someone in handcuffs, police officers should:

• Make sure the handcuffs are not too tight
• Place the person’s hands in front of them if placing their hands behind their back is too painful or would cause an injury
• Support the person in handcuffs and help them balance when moving
• Avoid unnecessary injuries or unreasonable force against the person in handcuffs

Contact Adras & Altig, Attorneys at Law If the Police Illegally Handcuffed You

Police officers in Nevada have broad authority to place people in handcuffs. But they should also be held accountable when their actions go too far. If you were illegally handcuffed, contact Adras & Altig, Attorneys at Law today for a free consultation with an experienced criminal defense attorney.