Policy Text
Policy
303Fremont Police Department
Handcuffing and Restraints
303.1 PURPOSE AND SCOPE
This policy provides guidelines for the use of handcuffs and other restraints during detentions and
arrests.
303.2 POLICY
The Fremont Police Department authorizes the use of restraint devices in accordance with this
policy, the Use of Force Policy, the Transporting Persons in Custody Policy, and department
training. Restraint devices shall not be used to punish, to display authority, or as a show of force.
See the Transporting Persons in Custody Policy for guidelines for transporting restrained persons.
303.3 USE OF RESTRAINTS
Only members who have successfully completed Fremont Police Department-approved training
on the use of restraint devices described in this policy are authorized to use these devices.
When deciding whether to use any restraint, officers should carefully balance officer safety
concerns with factors that include but are not limited to:
•The circumstances or crime leading to the arrest.
•The demeanor and behavior of the arrested person.
•The age and health of the person.
•Whether the person is known to be pregnant.
•Whether the person has a hearing or speaking disability. In such cases, consideration
should be given, safety permitting, to handcuffing to the front in order to allow the
person to sign or write notes.
•Whether the person has any other apparent disability.
303.3.1 RESTRAINT OF DETAINEES
Situations may arise where it may be reasonable to restrain a person who may, after brief
investigation, be released without arrest. Unless arrested, the use of restraints on detainees should
continue only for as long as is reasonably necessary to ensure the safety of officers and others.
When deciding whether to remove restraints from a detainee, officers should continuously weigh
the safety interests at hand against the continuing intrusion upon the detainee.
303.3.2 RESTRAINT OF PREGNANT PERSONS
Persons who are known to be pregnant should be restrained in the least restrictive manner that is
effective for officer safety. Leg restraints, waist chains, or handcuffs behind the body should not
be used unless the officer has a reasonable suspicion that the person may resist, attempt escape,
injure themself or others, or damage property. THE WRAP© will not be used on an obviously
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pregnant prisoner/subject or a prisoner/subject claiming to be pregnant. Officers should minimize
the amount of time a prisoner/subject is lying face down.
No person who is in labor, delivery, or recovery after delivery shall be handcuffed or restrained
except in extraordinary circumstances and only when a supervisor makes an individualized
determination that such restraints are necessary for the safety of the detainee, officers, or others
(Penal Code § 3407; Penal Code § 6030). See the Transporting Persons in Custody Policy for
guidelines relating to transporting pregnant persons.
303.3.3 RESTRAINT OF JUVENILES
A juvenile under 14 years of age should not be restrained unless he/she is suspected of a
dangerous felony or when the officer has a reasonable suspicion that the juvenile may resist,
attempt escape, injure him/herself, injure the officer, or damage property.
303.4 APPLICATION OF HANDCUFFS OR PLASTIC CUFFS
Handcuffs, including temporary nylon or plastic cuffs, may be used only to restrain a person's
hands to ensure officer safety.
Although recommended for most arrest situations, handcuffing is discretionary and not an absolute
requirement of the Department. Officers should consider handcuffing any person they reasonably
believe warrants that degree of restraint. However, officers should not conclude that in order to
avoid risk every person should be handcuffed, regardless of the circumstances.
In most situations, handcuffs should be applied with the hands behind the person's back. When
safe to do so, handcuffs should be checked for fit and double-locked to prevent tightening, which
may cause undue discomfort or injury to the hands or wrists.
In situations where one pair of handcuffs does not appear sufficient to restrain the person or may
cause unreasonable discomfort due to the person's size, officers should consider alternatives,
such as using an additional set of handcuffs or multiple plastic cuffs.
Handcuffs should be removed as soon as it is reasonable or after the person has been searched
and is safely confined within a detention facility.
303.5 APPLICATION OF SPIT HOODS
Spit hoods are temporary protective devices designed to prevent the wearer from biting and/or
transferring or transmitting fluids (saliva and mucous) to others.
Spit hoods may be placed upon persons in custody when the officer reasonably believes the
person will bite or spit, either on a person or in an inappropriate place. They are generally used
during application of a physical restraint, while the person is restrained, or during or after transport.
Officers utilizing spit hoods should ensure that the spit hood is fastened properly to allow for
adequate ventilation and so that the restrained person can breathe normally. Officers should
provide assistance during the movement of a restrained person due to the potential for impairing
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Handcuffing and Restraints
or distorting that person's vision. Officers should