Police Department Policy

TUSPD_GO_0354_-_Handcuff_Policy_74463

Tustin PD

Policy Text
CATEGORY DATE ADOPTED LAST REVIEW 1 01/24/2011 01/01/20 25 TUSTIN POLICE DEPARTMENT GENERAL ORDERS _____ _____________ 354 - Handcuff Policy 1 POLICY 354 HANDCUFF POLICY 354.1 PURPOSE AND SCOPE This procedure provides guidelines for handling situations involving handcuffing during detentions and arrests . This policy is also applicable to Flexcuffs /Tuff-Ties, which will be considered synonymous with handcuffs for purposes of this policy. 354.1.1 ACCREDITATION STANDARDS This policy pertains to the following CALEA Standards: 1.2.7 , 42.2.2, 70.1.6, 70.2.1 354.2 HANDCUFFING POLICY Although recommended for most arrest situations, handcuffing is a discretionary procedure and not an absolute rule of the department. When deciding whether to handcuff an arrestee, officers should carefully balance officer safety concerns with factors including, but not limited to the following: a) The circumstances leading to the arrest ; b) The attitude and behavior of the arrested person ; c) The age, sex and health of the person ; d) Whether the person has any other apparent disability . It is not the intent of the department to dissuade officers from handcuffing all persons they believe warrant that degree of restraint, nor is it the intent of this policy to create the atmosphere that in order to avoid risk, an officer should handcuff all persons regardless of the circumstances . In most situations handcuffs should be applied with the hands behind the person. Han dcuffs should be removed as soon as the arrested person is safely confined . 354.2.1 IMPROPER USE OF HANDCUFFS Handcuffing is never done to punish, to display authority , or as a show of force. Person s are handcuffed only to restrain their hands to ensure officer safety. When practical, handcuffs shall be double locked to prevent tightening , which may cause undue discomfort or injury to the hands or wrists. 354.2.2 JUVENILES Juveniles 14 years of age or older should be handcuffed on any misdemeanor or felony crime arrest or when the ir acts have amounted to crimes where the officer has a reasonable suspicion the suspect may have a desire to escape, injure themselves, injure the officer , or destroy property. Juveniles under 14 years of age generally will not be handcuffed unless their acts have amounted to a dangerous felony or when they are of a state of mind which suggests a reasonable probability of their desire to escape, injure themselves, the offi cer, or to destroy pro perty. CATEGORY DATE ADOPTED LAST REVIEW 1 01/24/2011 01/01/20 25 TUSTIN POLICE DEPARTMENT GENERAL ORDERS _____ _____________ 354 - Handcuff Policy 2 354.2.3 HANDCUFFING OF DETAINEES Situations may arise where it may be reasonable to ha ndcuff an individual who may, after subsequent investigation, be released prior to arrest. Such a situation is considered a detention, rather than an actual arrest. Unless arrested, the use of handcuffs on detainees should continue for only as long as is reasonably necessary to assure the safety of officers and others. Officers should continuously weigh the safety interests at hand against the intrusion upon the detainee when deciding to remove handcuffs from a detainee. When an individual is handcuffed and released without an arrest, an FI or report of the incident , depending on the circumstances , shall be made to document the details of th e detention and need for use of handcuffs. 354.2.4 HANDCUFFING OF PREGNANT ARRESTEES IN LABOR Persons who are known to be pregnant should be restrained in the least restrictive manner that is effective for officer safety and in no event shall these persons be restrained by the use of leg restraints or handcuffs behind the body. No arrestee 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 arrestee, officers or others (Penal Code § 3407; Penal Code § 6030). 354.2.5 ALTERNATIVE HANDCUFFING OF DETAINEES Situations may arise where it may be unreasonable to handcuff a detainee due to various conditions such as medical issues, broken or missing limbs, or any other unforeseeable circumstance where standard handcuffing restraints may not apply. In these circumstances , RIPP Arm / Leg restraints, waist cuffs, leg cuffs , and flex cuffs may be used to restrain an individual. The purpose of using these alternative restraint devices is to provide a level of detainee restraint to ensure officer safety and prevent escape when a detainee cannot be handcuffed behind the back. The application of the alternative handcuffing restraints should be used in conjunction with each other to ensure officer safety and limit the potential of escape , but it is up to the officer’s discretion which restraints to use.

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