Can a police officer handcuff a minor for shoplifting? 34 Answers as of June 10, 2013

Can a police officer handcuff a minor for shoplifting?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Yes.
Answer Applies to: California
Replied: 6/9/2013
Law Offices of John Carney
Law Offices of John Carney | John Carney
Everyone who is arrested is handcuffed fr the safety of the officer and to prevent escape. Minors are more likely to try to run away and the police do not want to have to chase them which could result in their being injured. It is appropriate to handcuff them even for a minor offense.
Answer Applies to: New York
Replied: 5/16/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
Yes, and they can strip search him, put him in the rubber room at the hall, and interrogate him for hours and even days unless he specifically asks for a lawyer, not mom or dad.
Answer Applies to: California
Replied: 5/13/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
Yes, they can handcuff a minor, especially if they are over 16, since they are then treated as an adult in the criminal justice system. However, they can also handcuff a minor under 16 too. That's how they arrest someone.
Answer Applies to: New York
Replied: 5/13/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
Yes. There is noting that precludes an officer from handcuffing a minor after a theft offense.
Answer Applies to: Minnesota
Replied: 5/12/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Yes. If the police can arrest someone, they can do what they need to as part of the arrest, so they can use handcuffs, force, or whatever it takes. If the police behavior is totally unwarranted by the circumstances, then, in theory, you might be able to sue them over it. But the damages from being handcuffed are minimal. And it's possible that evidence discovered, or the defendant's statements made, as a result of police overreaching would be suppressed in a criminal or juvenile proceeding, but that doesn't matter if no evidence was discovered.
    Answer Applies to: Oregon
    Replied: 5/11/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Yes.
    Answer Applies to: New York
    Replied: 6/10/2013
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    Yes.
    Answer Applies to: Montana
    Replied: 6/10/2013
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    Whether or not to cuff a minor really depends on the circumstances, but in short yes a minor can be cuffed and arrested.
    Answer Applies to: New Hampshire
    Replied: 5/10/2011
    Mercado & Hartung
    Mercado & Hartung | Stephanie Hartung
    Yes.
    Answer Applies to: Washington
    Replied: 6/10/2013
    The Law Offices of Jason Chan
    The Law Offices of Jason Chan | Jason Chan
    Yes if there is probable cause that an offense was committed.
    Answer Applies to: Massachusetts
    Replied: 5/10/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Of course. It is required policy for transport to jail. If serious about hiring counsel to help in this case, feel free to contact me.
    Answer Applies to: California
    Replied: 5/10/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Yes. A minor is a person under 17 years old in GA. In order to maintain order in a situation, the officer may handcuff a 16 or 15 year old.
    Answer Applies to: Georgia
    Replied: 5/10/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    The short answer is yes the police officer can handcuff the minor and even take the minor into custody if the officer feels that is appropriate.
    Answer Applies to: California
    Replied: 5/10/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    There is no law or rule that says minors cannot be handcuffed when arrested. Everyone who is arrested can be handcuffed for officer's safety. The police usually have special handcuffs designed for minors and women who tend to have smaller wrists.
    Answer Applies to: Michigan
    Replied: 5/10/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Yes, that would put them under arrest.
    Answer Applies to: Michigan
    Replied: 5/10/2011
    California Criminal Defense Center
    California Criminal Defense Center | Ardalon Fakhimi
    Yes.
    Answer Applies to: California
    Replied: 6/10/2013
    Law Offices of Ramona Hallam
    Law Offices of Ramona Hallam | Ramona Hallam
    If the minor is a 2 year old child, it would appear to be wrong to do so. If, however, the child is older, an officer is trained to secure the situation and will likely cuff any suspect who has allegedly done something wrong. The fact that the person is a minor shouldn't matter unless they are toddlers. After all, there are young children in jail in juvenile hall.
    Answer Applies to: California
    Replied: 5/10/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    If the officer has reasonable cause based on the officer's observations and experience to believe a crime has been committed the officer may detain and secure the suspect long enough to investigate the alleged crime. Also if the suspect is large, hostile, insane or intoxicated, the officer my use handcuffs to ensure officer safety.
    Answer Applies to: Washington
    Replied: 5/10/2011
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