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A primer on handcuffing in non-arrest situations

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
I am not a lawyer.....I am not a cop. I am an ordinary citizen. If I am not free to go, I am under arrest. If I cannot walk away, if a LEO will taze or tackle me if I try. I am under arrest.

Everything else is an obfuscation. An attempt to muddy the waters to usurp more freedoms from citizens while singing God Bless America the whole way.

I don't blame LEOs really, but it is the sign of a declining nation. Sad to see it.

+1

Unless someone is an apologist it is way to easy to understand what an arrest is.

+1

Just to add my usual comments for the consideration of any new readers or lurkers:

In Terry vs Ohio, the US Supreme Court invented reasonable suspicion and temporary detentions out of thin air, and blatantly misadjudicated the case. There are several different angles on this. If you want to know more, I'm happy to explain.

Our Pollyanna Law-enforcement Officer always commits the logical fallacies of appealing to authority or giving one-sided examples of the benefit of detentions. He never compares it to the very foundation of our government:

Government by consent among equals. Among consenting equals, the only possible legitimate justification for seizing another human being is defense of others. For example, a crime witnessed and interrupted. Even investigating, indicting, and prosecuting a crime is one step removed from that premise. That is to say, requiring probable cause to arrest an equal is already one step removed, and already opens the door to abuses. The reasonable suspicion standard for a Terry Stop, especially as modified by more than forty years of sliding-down-the-slippery-slope court decisions, completely validates the temporary seizure of innocent people. People the government just doesn't know for sure are guilty, people the government doesn't even have enough evidence to say they are probably guilty (probable cause).

The Terry decision was another step removed from defense of others. The court decisions since then that took advantage of the mile-wide loopholes in Terry created a standard that is even further removed from defense of others.

There is no possible way to justify temporarily seizing an equal on the slender excuses now sanctioned by the courts, and practiced by a law-enforcement industry which also invents creative ways to expand even the lax standard provided by the courts.

Instead of comparing temporary investigative detentions (Terry Stops) to the foundational premise of our government, PALO resorts to logical fallacies: the US Supreme Court said it, so its reasonable. It provides some benefit sometimes, so its reasonable.

If something is reasonable, it means reason went into evaluating it. In order to accept Terry v Ohio one has to suspend reason or fail to reason. And, that's just talking about the internal inconsistencies in the opinion. One has to avoid considering (reasoning) the seizure of innocent equals, also. And, none of that takes into account yet the ocean of abuses perpetrated by police and enabled by the other police who tolerate the abusers.

+1

It ignores that the so called founding itself was an infringement too, something the anti federalist realized and without them and their constitutional tweaks cops and statist would have done away with any notions of a restrained government long ago.

Seems so many statists and apologist want to convince us there is in one cops words "gray area", first I believe that is bull and a rationalization to do away with the fact that their is limited government and freedom and then there is not, but even if that is true they have pushed the gray area to its extremes that it is virtually indistinguishable from being black or white, and that is a police state.
 

Freedom1Man

Regular Member
Joined
Jan 14, 2012
Messages
4,462
Location
Greater Eastside Washington
What is the point of this thread?

The point of this thread was to create excuses for cops to violate your many rights. Also to get your to go along with the violation of rights.

Officer safety is used as an excuse to restrain citizens regardless of the circumstances of the detainment/arrest. Of course, it is only a temporary inconvenience, being restrained and defenseless, if the restraint is of some short duration, say 30-45 minutes, one hour tops.

Explain that to any boss. I am not all THAT late the courts have ruled that 1 hour to be a short duration that I cannot be punished for. That will really fly.

If you can lose a job do to how long a police stop takes, then the stop is too long to be anything but an arrest.

I am not a lawyer.....I am not a cop. I am an ordinary citizen. If I am not free to go, I am under arrest. If I cannot walk away, if a LEO will taze or tackle me if I try. I am under arrest.

Everything else is an obfuscation. An attempt to muddy the waters to usurp more freedoms from citizens while singing God Bless America the whole way.

I don't blame LEOs really, but it is the sign of a declining nation. Sad to see it.

Amen. +3. Way to call out the sophistry of the OP.

Of course you disagree, you're a cop. Also, I like how LE parses detentions into variations.

Citizen: Am I being detained?
Cop: Maybe, maybe not, it depends.

Unless you're accused of being a terrorist or drug dealer then they will take your money, your car, your house, etc and let you go if accused of being a drug dealer. The cops will lock you up for a few years with out even letting you talk to a lawyer if they accuse you of being a terrorist.

This whole thing is worse than most people realize.
 

skin'erback

Regular Member
Joined
Mar 14, 2012
Messages
29
Location
missouri
I felt like I was arrested

Years ago I was in the right seat of a car struck by an unmarked police car who blew a red light. We had the green arrow to go left and no lights and siren. I was looking at the damage to the car when I was thrown on the hood and cuffed. I sure felt like I was arrested. No one had spoken to me prior to this happening. I got printed, photo'd, charged with making an illegal left turn, left in a cell for 2 days in my socks and underwear.I felt like I was arrested . Remember that I wasn't driving? Lying sacks probably have to screw their socks on. I met the judge on monday. Told hiim I'm not paying for something I didn't do. He asked if I was accusing an officer of being untruthfull. I said -Yes I was, said that I got cuffed after exiting the passinger side of the car. After conferring with someone all charges got dropped. I still feel like I was arrested. Really, 2 days for a left turn? not even the driver? ya think he was just making stuff up?

I will consider being cuffed with an arrest and it will generate my full indignation towards the power lackey doing it. You clowns want respect, then start treating people with dignity and respect. Otherwise you get our righteous indignation and contempt. I have held all cops in contempt since this incident. It only takes one bad experience to effect a generation. My entire family knows this story and feels as I do.
 

DocWalker

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Jul 6, 2008
Messages
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Location
Mountain Home, Idaho, USA
Years ago I was in the right seat of a car struck by an unmarked police car who blew a red light. We had the green arrow to go left and no lights and siren. I was looking at the damage to the car when I was thrown on the hood and cuffed. I sure felt like I was arrested. No one had spoken to me prior to this happening. I got printed, photo'd, charged with making an illegal left turn, left in a cell for 2 days in my socks and underwear.I felt like I was arrested . Remember that I wasn't driving? Lying sacks probably have to screw their socks on. I met the judge on monday. Told hiim I'm not paying for something I didn't do. He asked if I was accusing an officer of being untruthfull. I said -Yes I was, said that I got cuffed after exiting the passinger side of the car. After conferring with someone all charges got dropped. I still feel like I was arrested. Really, 2 days for a left turn? not even the driver? ya think he was just making stuff up?

I will consider being cuffed with an arrest and it will generate my full indignation towards the power lackey doing it. You clowns want respect, then start treating people with dignity and respect. Otherwise you get our righteous indignation and contempt. I have held all cops in contempt since this incident. It only takes one bad experience to effect a generation. My entire family knows this story and feels as I do.

Sorry to hear that.

That is the problem LEO's that think cuffing an innocent is perfectly fine but all it does is create more distain and distrust between the average citizen and the LEO's. Someone or in your case a whole family might not of had any ill thoughts toward a cop or cops now have strong anti feelings due to their abuse. I really hoped you got a lawyer and sued the cops.

It boils down to if your movement, freedom, and means of defending yourself are restricted then you are UNDER ARREST. PERIOD.
 

KYGlockster

Activist Member
Joined
Dec 9, 2010
Messages
1,842
Location
Ashland, KY
The OP is rubbish! In Kentucky if you are placed in 'cuffs you have been arrested. In Kentucky you are considered arrested if you submit to the individual detaining you, regardless of whether you are 'cuffed or not. The original poster is coming to his conclusion by way of FEDERAL precedent only!

If I place someone in 'cuffs it is because they are going to jail. If they are violent then they get 'cuffed and go to jail. You do not place someone in 'cuffs just to do so. Officer safety does NOT trump people's rights as the OP suggests -- at least it doesn't with me! If I have to 'cuff someone it is because they have committed a violation of a law that I will enforce or because I am arresting them on a warrant; otherwise, I do not remove my 'cuffs from my belt.
 
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color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,950
Location
Cincinnati, Ohio, USA
Years ago I was in the right seat of a car struck by an unmarked police car who blew a red light. We had the green arrow to go left and no lights and siren. I was looking at the damage to the car when I was thrown on the hood and cuffed. I sure felt like I was arrested. No one had spoken to me prior to this happening. I got printed, photo'd, charged with making an illegal left turn, left in a cell for 2 days in my socks and underwear.I felt like I was arrested . Remember that I wasn't driving? Lying sacks probably have to screw their socks on. I met the judge on monday. Told hiim I'm not paying for something I didn't do. He asked if I was accusing an officer of being untruthfull. I said -Yes I was, said that I got cuffed after exiting the passinger side of the car. After conferring with someone all charges got dropped. I still feel like I was arrested. Really, 2 days for a left turn? not even the driver? ya think he was just making stuff up?

I will consider being cuffed with an arrest and it will generate my full indignation towards the power lackey doing it. You clowns want respect, then start treating people with dignity and respect. Otherwise you get our righteous indignation and contempt. I have held all cops in contempt since this incident. It only takes one bad experience to effect a generation. My entire family knows this story and feels as I do.
++++1

I was stopped and cuffed, the one time in my life, for making a legal "U" turn. He was a dirty cop. After the charges were dropped I made it a point to get him canned. With the help of his x-wife and open record review he was discharged and lost his gun rights. Six months later - convicted of receiving stolen property. This was accomplished without the help of the police.

When are cops going to learn that the thin blue line is not their friend.
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
The OP is rubbish! In Kentucky if you are placed in 'cuffs you have been arrested. In Kentucky you are considered arrested if you submit to the individual detaining you, regardless of whether you are 'cuffed or not. The original poster is coming to his conclusion by way of FEDERAL precedent only!

If I place someone in 'cuffs it is because they are going to jail. If they are violent then they get 'cuffed and go to jail. You do not place someone in 'cuffs just to do so. Officer safety does NOT trump people's rights as the OP suggests -- at least it doesn't with me! If I have to 'cuff someone it is because they have committed a violation of a law that I will enforce or because I am arresting them on a warrant; otherwise, I do not remove my 'cuffs from my belt.

+1

I notice how he avoids Washington's courts ruling that Article 1 Section 7 gives stronger protection than the feds 4th.

I am curious PALO, you claim to be libertarian yet the non libertarian cops on this forum seem to understand rights more than you? Why is this?
 

OC for ME

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Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
His claims to the contrary, PALO is not as liberty centric as he would have us all believe. I have designated him as anti-liberty and anti-citizen. This thread, and his words, is further proof as to the appropriateness of my designation.
 

davidmcbeth

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Jan 14, 2012
Messages
16,167
Location
earth's crust
If I'm placed in handcuffs I would think that I am being kidnapped...I don't break the law...so what's with the cuffs?
 
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bushwacker

Regular Member
Joined
Jan 4, 2011
Messages
203
Location
pottsboro,texas
I take it as an assault and a strip of my safety ...how do we know that when you get cuffed the cop isn't up to something ,or that something goes wrong with him like a tumor snaps in his head and he goes on a killing rampage ,and there you are all cuffed up and no place to go. Don't think it couldn't happen, remember Charles whitman (the tower shooter in Austin tx) . after all in many ways the cops are legalized gangsters, they just have organization and communication ,government brainwashing (going into schools to help indoctrinate our children to believe that the system is the answer and not the family members ,i.e. if you see or smell daddy smoking this you need to help him by telling a police officer, instead of another member of the family) and special laws passage for them (leosa act and others) all of which makes them the worst gang of this country , true not all gang members..errr.. cops are bad, but when have you ever heard ...the Hells Angle , Flying Skull ,Outlaw, tong, triad ,seigi seigi ,spooknic, cript, blood, ms13, zalatan, or whatever gang name you want to put in there, is your friend. Why hell I don't even let a lover handcuff me ...( they may have a tumor also :eek:) so you know how unsafe I feel if a complete stranger in uniform wants to handcuff me for no real reason , .... ok I ranted , I feel better now.
 
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carolina guy

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Jun 21, 2012
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1,737
Location
Concord, NC
There is massive body of case law supporting non-arrest handcuffing. I'm citing a few of those cases. For those who think it'so prudent to resist what they ebelieve to be a false arrest, recognize that handcuffing does not necessarily mean = ARREST


Most of the "massive body" of case law is not binding outside the district it was decided...you only cited one or two SCOTUS cases. The most honest method to present this would be saying where the cases are binding.

And, FWIW, I believe that morally MY safety is paramount over any public servant's safety. Per the SCOTUS and many other decisions, ALL LE encounters are VOLUNTARY on the part of the LEO since the LEO has NO DUTY to respond to ANYTHING.
 

color of law

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Joined
Oct 7, 2007
Messages
5,950
Location
Cincinnati, Ohio, USA
Lets place each one of those judges in cuffs, held in the backseat of a cop car for a hour with the temperature exceeding 95 degrees and see how they believe that treatment is reasonable.

Remember, we are all equal, some are just more equal than others.
 

Deanimator

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Sep 21, 2007
Messages
2,083
Location
Rocky River, OH, U.S.A.
The police have done everything humanly possible to give anyone a reasonable impression that they are the enemies of and a danger to the public at large.

It's sickly amusing to see them then whine about the consequences of their own actions.

Act like a hostile foreign army of occupation, get treated like one.

ALL of my interactions with police are strictly by the book. I'm polite (as much so as I am to panhandlers, and I avoid both like the plague), but in NO way friendly to them.

Police have made themselves the enemy and shouldn't cry about it like little girls.
 

sudden valley gunner

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Dec 13, 2008
Messages
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Whatcom County
The police have done everything humanly possible to give anyone a reasonable impression that they are the enemies of and a danger to the public at large.

It's sickly amusing to see them then whine about the consequences of their own actions.

Act like a hostile foreign army of occupation, get treated like one.

ALL of my interactions with police are strictly by the book. I'm polite (as much so as I am to panhandlers, and I avoid both like the plague), but in NO way friendly to them.

Police have made themselves the enemy and shouldn't cry about it like little girls.

+1

s.
 

77zach

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Feb 5, 2007
Messages
2,913
Location
Marion County, FL
Unless a person is violent or runs away on the spot, a warrant should be issued before handcuffs could be used. That is, if freedom meant anything in this loser country.

Maybe PALO is having some internal conflict because this is fast becoming reality everywhere:http://ericpetersautos.com/2013/09/07/profiles-pork/

The choice to be in law enforcement is difficult because you will be required to do unethical things to keep your job.
 
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March Hare

Regular Member
Joined
Dec 31, 2009
Messages
351
Location
Arridzona - Flatlander
<snip> Handcuffs are strongly SUGGESTIVE of arrest, but are not dispositive of same. </snip>

SUGGESTIVE of arrest???

B.S.

If I am in cuffs, I consider myself to have been arrested.
Any and all interaction I have with the cops beyond what is absolutely required by law has ended.

I guess bleeding is just SUGGESTIVE of injury, eh?

-MH
 
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carolina guy

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Jun 21, 2012
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Location
Concord, NC
SUGGESTIVE of arrest???

B.S.

If I am in cuffs, I consider myself to have been arrested.
Any and all interaction I have with the cops beyond what is absolutely required by law has ended.

I guess bleeding is just SUGGESTIVE of injury, eh?

-MH


So...if someone is in handcuffs, but hasn't been told they are arrested, they are free to "escape"? I doubt this...
 
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