Policy Text
Handcuffing and Restraints - 1 Printed Date: 2017/06/13
© 1995 -2015 Lexipol, LLC Policy Oakland Police Department
302 Policy Manual
Handcuffing and Restraints
302.1 PURPOSE AND SCOPE
This policy sets forth guidelines for the use of handcuffs and other restraints du ring arrests and
detentions .
302.2 POLICY
The use of handcuffs and other restraints is intrusive and can impact the community’s trust in
the police . As courts put it, the use of handcuffs “substantially aggravates the intrusiveness of
an otherwise routine investigatory detention and is not part of a typical Terry (investigative)
stop.” The application of restraints shall never be considered a part of standard operating
procedure.
At the same time, officers must ensure their safety and face many unknowns.
When using restraints, members must follow the use -of-force policy and the handcuffing and
restraint procedure. Only members who have successfully c ompleted Department -approved
training on the use of restraint devices are authorized to use them .
If restraints are applied while waiting for medical response, the subject shall be continuously
monitored until medical personnel a rrive.
302.3 CUSTODIAL ARREST
Members shall use handcuffs on a person who is under custodial arrest unless health and
safety considerations reasonably require modified restraint s.
302.4 DETENTIONS
The use of handcuffs during investigative stops is authorized when the use of restraints is a
reasonable and brief response to the investigating officer’s articulable safety concerns and
when one or more of the below factors is present. The totality of circumstances is what matters
most. Simply because one of the below factors is present will not always mean that it is
reasonable to use handcuffs.
The stop is for a crime that commonly involves weapons or violence
There is circumstantial evidence that the person is armed or dangerous
The officer ha s to transport the person to another location and there is rea son to believe
that the person pose s a danger
The suspect is uncooperative or d oes something that raise s a reasonable chance that
he or she may flee
The stop closely follow s a violent crime
The officer ha s information t hat a crime involving violence is about to occur
The stop is for a suspected high -value drug deal
The person refuse s to keep his hands in sight
The person pull s away from officers
Oakland Police Department
Policy Manual
Handcuffing and Restraints
Handcuffing and Restraints - 2 Printed Date: 2017/06/13
© 1995 -2015 Lexipol, LLC
The person is hostile or agitated
The person trie s to reach inside his clothing despite being told not to do so
Officers are outnumbered and the totality of circumstances presents a reasonable safety
concern
Probation or parole status alone is not justification to use handcuffs.
While handcuffing may be justified during a search, t he performance of a search is not reason
alone for handcuffing. Officers should determine and articulate whether the totality of
circumstances justif ies the use of handcuffs during a search .
When detaining a person who is not under arrest, members should use the least -intrusive
means that are reasonably available to confirm or to dispel the members’ suspicion for the stop
as quickly as possible. Members should consider whether it is safe to use lesser means, such
as commands to keep one’s hands in sight or to stay in one place.
If the situation reasonably calls for handcuffs, the member should explain to the person that he
or she is not under arrest and that an investigation is underway. The member should keep
assessing whethe r handcuffs are needed. The member should remove the handcuffs as soon
as they are no longer needed to investigate safely .
Handcuffs may be necessary for use on a person who is appearing to have a mental health
crisis and is a danger to self or others.
302.5 HEALTH AND SAFETY CONSIDERATIONS
Modified restraint s may be used in accordance with the accompanying procedure when health
and safety considerations are reasonably known , such as :
The person’s age and health
Whether the person may be pregnant
Whether the person has a disability
302.6 APPLICATION OF PLASTIC RESTRAINTS
Members may use Department -issued nylon or plastic restraints (flex -cuffs) as an alternative to
handcuffs when necessary (such as mass arrest s or multiple suspects ).
302.7 REQUIRED DOCUMENTATION FOR USE OF RESTRAINTS
Members must complete a Field Interview/Stop Data Report for self -initiated stops; members
must complete a FI or Crime Repo rt for dispatched encounters. Members must set forth all the
facts that lead to their reasonable suspicion to detain a person. Also, members must set forth
the reasons for using restraints , prolonging a detention , or otherwise making an investigative
stop more intrusive .
If an individual is arrested, the use of restraints shall be documented in the related report. The
application of restraints, in and of itself, is not to be considered a use of force. An injury
requiring more than basic first aid shall be document ed in accordance with the use of force
policy.
Oakland Police Department