If a police officer says that I'm "not under arrest" and that I'm being "detaine

1. 74

   ptosisposted 8 years ago

   If a police officer says that I'm "not under arrest" and that I'm being "detained"
   
   yet I'm handcuffed behind my back.  That to me seems that I'm under arrest - not detained.  I've seen a lot of instances of video where the cop said "detained" a witness yet handcuffed her behind her back. I think that is wrong. What do you think? According to FindLaw it's OK: executing a warrant, officer safety purposes, probable cause to place you under arrest. Three 9-year-old girls and an 8-year-old little boy were arrested during a major school fight. The school was ordered from the police not to call the parents. ACLU says that the kids should have been arrested at home.
   
   

   replyreport
2. 64

   Johnny James Aposted 8 years ago

   You can arrest children without parents being present, however, under aged children do need a solicitor, counselor, parent, etc present (depending on state law) during questioning. The detaining part really depends on the situation. If a cop is trying to sort out a situation and fears safety, or needs to hold people until they have sorted the matter one can be detained with reasonable or probable cause.  I am actually ok with this so long as there is probable cause for the detainment.  The issue comes when officers do not have enough information and start detaining everyone.  The Charles Stuart case in Boston was a poster child situation for abuse of detaining power where hundreds of people were detained. Also, cops have the right to detain for the safety of the individual.  In the case of school fights many times the combatants will go after their victim later on, or parents escalate the situation.  So cops will detain them. Also, I believe all states have the mandated reporter rule where if any child is deemed in danger (a fight would count) the school must report it and the cops must be notified to make a decision on the matter.  Many times in a minor fight the cops will just note it and not make a case of the situation. However, in this litigious day and age I am not surprised that even a minor fight might escalate to a school report, police report, and mandatory school counselor session.  Better to CYA the situation then find out something escalated later or bullying was involved.

   replyreport
   1. 74

      ptosisposted 8 years agoin reply to this

      Thanks for your great answer. I didn't grow up with cops in our school. Makes me wonder, do kids do more crimes because the cops are there or the other way around. Wow, And I thought school sucked when I was young seems not bad compared to now a days

      replyreport
3. 50

   bradmasterOCcalposted 8 years ago

   ptosis
   
   Being detained is a part of an arrest, but it is not the arrest itself. Putting someone into handcuffs is in these time certainly a safety measure for both the police and the detainee.
   
   You didn't provide a context as to why you were handcuffed?
   This measure secures the person or persons while the police can investigate the situation, get some facts and make further determinations on what to do next.
   
   Your school kid scenario lacks contexts and details. But there have been deaths in school fights even grade school.
   
   Not sure what your point is here?

   replyreport
   1. 74

      ptosisposted 8 years agoin reply to this

      Not sure myself. Perhaps progressive, differentiated use of force' instead of full-scale military response to a situation where it is not needed?

      replyreport
   2. 50

      bradmasterOCcalposted 8 years agoin reply to this

      ptosis
      There certainly is room for more advanced police training throughout the country. Some police forces train better, some may not getting adequate training. Fear on the part of an officer plays a big part in making mistakes.

      replyreport