QUESTION
Can a police officer handcuff a minor for shoplifting?
Asked on May 09th, 2011 on Criminal Law - California
16 ANSWERS
Yes.
Answered on Jun 10th, 2013 at 11:16 PM
Litigation Attorney serving Kalispell, MT
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Law Offices of Scott G. Hilderman PC
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Yes.
Answered on Jun 10th, 2013 at 11:15 PM
Criminal Defense Attorney serving Seattle, WA
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Mercado & Hartung, PLLC
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Yes.
Answered on Jun 10th, 2013 at 11:15 PM
Yes.
Answered on Jun 10th, 2013 at 11:13 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes.
Answered on Jun 10th, 2013 at 11:13 PM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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Yes.
Answered on Jun 10th, 2013 at 11:12 PM
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.
Answered on May 13th, 2011 at 11:36 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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The use of handcuffs is not dependent on a person's age. In general, a police office can take a person into custody and handcuff them. If there is no probable cause to do se, then there may be a civil rights violation. If charges follow, then there will generally be no problem with handcuffing a person for the officer's safety as part of police procedure. I hope that this was helpful.
Answered on May 12th, 2011 at 9:38 AM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Yes they can. They cannot interview the minor without the consent of the parent however.
Answered on May 11th, 2011 at 10:02 AM
Criminal Attorney serving Bellingham, WA
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Andrew Subin Attorney at Law
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It is standard procedure for police to handcuff anyone that is being taken into custody.
Answered on May 11th, 2011 at 9:44 AM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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Whether or not to cuff a minor really depends on the circumstances, but in short yes a minor can be cuffed and arrested.
Answered on May 10th, 2011 at 4:01 PM
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.
Answered on May 10th, 2011 at 1:01 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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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.
Answered on May 10th, 2011 at 12:55 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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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.
Answered on May 10th, 2011 at 12:47 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Yes, that would put them under arrest.
Answered on May 10th, 2011 at 11:41 AM
Civil Practice Attorney serving Encinitas, CA
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Law Offices of Ramona R. Hallam
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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.
Answered on May 10th, 2011 at 11:33 AM