Should we have handcuffs?

I'm a county animal control officer in NC, and we carry guns, 3 actually, and all the other wonderful self defense tools however we do not have handcuffs. We are not sworn, so we do not have the right to arrest. We call the sheriffs dept. for back up in dangerous situations. However, not all situations seem bad to begin with. This is why we have the guns. No one has ever had to use them and we all hope that we never do. My concern is however that if we find ourselves in a situation that we must protect ourselves, yet do not shoot the person attacking us, how are we supposed to detain him until the sheriffs dept can come and arrest him? By gun point? And what if he moves? Shoot him? Well, it seems to me, that if we had a pair of handcuffs, they would eliminate the possibility of that happening. We could detain the person until the sheriffs dept arrives and that would make it a safer situation for both of us. Although the chances are slim that a situation of this nature would ever happen, I'd like to know I was prepared, and could go home to my daughter each night. Do you know of any statistics on whether or not handcuffs actually prevent the shootings of criminals by officers? Thanks for any help.

Hello,

I read your post and have been thinking about it quite deeply.

In all honestly, in my opinion, I think that if you ARE carrying a gun, and have/will have to use it in order to control a dangerous person, that handcuffs just seem like common sense.

The real question is, in all the time you have been on the job, have you ever been in a situation where handcuffs would have been useful?

If YES, it only makes sense that you have some. Wether your department supplies them or not, it would probably be a good idea to have them.

Why? Handcuffing a suspect does not mean he has officially been arrested, it mierly means you are restraining him for his own good, as well as yours.

My vote, go pick yourself up a pair or two of the Smith & Wesson M-100's, they run about $25 each.

Next, get yourself a book, or video on the proper regulation use of handcuffs. Why? Because if you do not know how to properly use them, the suspect could easily use the cuffs to his advantage to claim "unlawful brutality" against yourself, which could lead to a law suit.

Best,
E1

I'm a county animal control officer in NC, and we carry guns, 3 actually, and all the other wonderful self defense tools however we do not have handcuffs. We are not sworn, so we do not have the right to arrest. We call the sheriffs dept. for back up in dangerous situations. However, not all situations seem bad to begin with. This is why we have the guns. No one has ever had to use them and we all hope that we never do. My concern is however that if we find ourselves in a situation that we must protect ourselves, yet do not shoot the person attacking us, how are we supposed to detain him until the sheriffs dept can come and arrest him? By gun point? And what if he moves? Shoot him? Well, it seems to me, that if we had a pair of handcuffs, they would eliminate the possibility of that happening. We could detain the person until the sheriffs dept arrives and that would make it a safer situation for both of us. Although the chances are slim that a situation of this nature would ever happen, I'd like to know I was prepared, and could go home to my daughter each night. Do you know of any statistics on whether or not handcuffs actually prevent the shootings of criminals by officers? Thanks for any help.

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Just a quick insert here..... The U.S. Supreme Court has released an opinion recently that does imply, in part: "If a person with authority to do so places a suspect in handcuffs, thus denying his freedom of movement, this action (handcuffing) DOES constitute a custodial ARREST. "
This is a fine line between a detention and arrest, and thus if one does not have the power of arrest, I do not suggest handcuffing anyone without their consent.
This came from a legal bulletin sent out by Ashcroft's office, and has affected quite a few cases already, especially where bondsman , etc. are concerned. We will see what the high Court decides a detention is shortly, I presume.
Tim

I'm a county animal control officer in NC, and we carry guns, 3 actually, and all the other wonderful self defense tools however we do not have handcuffs. We are not sworn, so we do not have the right to arrest. We call the sheriffs dept. for back up in dangerous situations. However, not all situations seem bad to begin with. This is why we have the guns. No one has ever had to use them and we all hope that we never do. My concern is however that if we find ourselves in a situation that we must protect ourselves, yet do not shoot the person attacking us, how are we supposed to detain him until the sheriffs dept can come and arrest him? By gun point? And what if he moves? Shoot him? Well, it seems to me, that if we had a pair of handcuffs, they would eliminate the possibility of that happening. We could detain the person until the sheriffs dept arrives and that would make it a safer situation for both of us. Although the chances are slim that a situation of this nature would ever happen, I'd like to know I was prepared, and could go home to my daughter each night. Do you know of any statistics on whether or not handcuffs actually prevent the shootings of criminals by officers? Thanks for any help.

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Dear Jenn,

A person is detained when he or she has cause to feel he or she may not leave freely. If you in fact and by action, whether by active or by passive action, prevent a detained person from leaving, you have arrested that person. As an animal control officer, your arrest well may be and probably is illegal.

A close, long-time friend of mine once was a cruelty investigator for the Humane Society of Broward County (Florida). Her frustration about having no real police powers prompted her to join the Broward Sheriff's Office. She now is a lieutenant and also is recognised nationally as the leading law enforcement authority on animal abuse.

Your department, a governmental entity, may seek a legal opinion on the issues you raise from the North Carolina Attorney General. You, on your own, may seek the counsel of your county's District Attorney's office. They have your state's annotated statutes, which means the statutes themselves together with all pertinent case law, and should be willing to give you clear, reasonable explanations and sound, reliable advice.

Were I you, I would be leery, circumspect and extremely cautious about any casual advice you receive from anyone, whatever their qualifications or experience, on the Internet.

Cheers,

Jack

I'm a county animal control officer in NC, and we carry guns, 3 actually, and all the other wonderful self defense tools however we do not have handcuffs. We are not sworn, so we do not have the right to arrest. We call the sheriffs dept. for back up in dangerous situations. However, not all situations seem bad to begin with. This is why we have the guns. No one has ever had to use them and we all hope that we never do. My concern is however that if we find ourselves in a situation that we must protect ourselves, yet do not shoot the person attacking us, how are we supposed to detain him until the sheriffs dept can come and arrest him? By gun point? And what if he moves? Shoot him? Well, it seems to me, that if we had a pair of handcuffs, they would eliminate the possibility of that happening. We could detain the person until the sheriffs dept arrives and that would make it a safer situation for both of us. Although the chances are slim that a situation of this nature would ever happen, I'd like to know I was prepared, and could go home to my daughter each night. Do you know of any statistics on whether or not handcuffs actually prevent the shootings of criminals by officers? Thanks for any help.

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Thank you for all of your comments. I do appreciate the advice.

I'm a county animal control officer in NC, and we carry guns, 3 actually, and all the other wonderful self defense tools however we do not have handcuffs. We are not sworn, so we do not have the right to arrest. We call the sheriffs dept. for back up in dangerous situations. However, not all situations seem bad to begin with. This is why we have the guns. No one has ever had to use them and we all hope that we never do. My concern is however that if we find ourselves in a situation that we must protect ourselves, yet do not shoot the person attacking us, how are we supposed to detain him until the sheriffs dept can come and arrest him? By gun point? And what if he moves? Shoot him? Well, it seems to me, that if we had a pair of handcuffs, they would eliminate the possibility of that happening. We could detain the person until the sheriffs dept arrives and that would make it a safer situation for both of us. Although the chances are slim that a situation of this nature would ever happen, I'd like to know I was prepared, and could go home to my daughter each night. Do you know of any statistics on whether or not handcuffs actually prevent the shootings of criminals by officers? Thanks for any help.

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If you carry a gun for protection/job and you are within your legal right to detain someone until the police arrive,
that person should be handcuffed, PERIOD! That has nothing more to do with than a SAFETY issue. As long as you can justify that the person was cuffed for YOUR safety AND HIS SAFETY you're fine. I would still check with your supervisors. I use the Hiatts cuffs. They work very well and they preload for speed cuffing.
Good Luck!

I'm a county animal control officer in NC, and we carry guns, 3 actually, and all the other wonderful self defense tools however we do not have handcuffs. We are not sworn, so we do not have the right to arrest. We call the sheriffs dept. for back up in dangerous situations. However, not all situations seem bad to begin with. This is why we have the guns. No one has ever had to use them and we all hope that we never do. My concern is however that if we find ourselves in a situation that we must protect ourselves, yet do not shoot the person attacking us, how are we supposed to detain him until the sheriffs dept can come and arrest him? By gun point? And what if he moves? Shoot him? Well, it seems to me, that if we had a pair of handcuffs, they would eliminate the possibility of that happening. We could detain the person until the sheriffs dept arrives and that would make it a safer situation for both of us. Although the chances are slim that a situation of this nature would ever happen, I'd like to know I was prepared, and could go home to my daughter each night. Do you know of any statistics on whether or not handcuffs actually prevent the shootings of criminals by officers? Thanks for any help.

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I was going through old forums and thought I'd just add to this one. I am an officer, yes, so I have arrest powers. But it is my opinion that anyone who carries a gun should also carry handcuffs. Like the man said, if you are forced to use the gun and do not have to shoot him (lets say he complies and goes to the ground) what is to say while waiting the 15 mins it takes for an officer to arrive he just don't say heck with it this guy can't shoot me and get up and walk or run away. And in Iowa as well as most states, there is a citizens arrest law, that if any person witnesses a crime him or herself they have the power to use what ever force is necessary to hold that person until the police can arrive. The difference there, and this is what will be used in court is you have witnessed the crime, verses an officer who can go off someone else’s word to make an arrest.

It would be no different than someone who sees a guy about to light a bomb on a plane. Are you just going to just sit there and allow the guy to blow up the plane because you don't have legal power to arrest him, (because by definition if you were to jump him and hold him down to keep him from lighting the bomb he is under arrest, he can't leave can he?,)

So I think it is important to note that if he has the right to carry a gun for his job, then he has the right to handcuff someone and call the cops. There are many mall security guards that carry handcuffs and detain shoplifters until the police can arrive.

I think this gentleman should carry a set of handcuffs on him and if and when he ever has to pull his gun, then worry about the consequences of why he handcuffed someone. I think you would be able to easy explain yourself in court and no judge or jury would hold you accountable for handcuffing someone if you witnessed something big enough to pull a gun, just my opinion.

But in Iowa many departments require reserve officers, who are NOT sworn, and have no arrest powers when off duty and outside the city they work in, to carry handcuffs if they are also carrying a concealed weapon off duty, for this very reason.

Just something to think about.

James Brownb