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Handcuffing person not under arrest.

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February 10, 2006, 15:28
NCB
Handcuffing person not under arrest.
Any case law on handcuffing a person not under arrest, simply for officer and or suspect safety? For example during a routine traffic stop where suspicions lead you to a vehicle search and backup is 30 plus or more minutes away, or multiple subjects in the same situation?
February 10, 2006, 16:07
JJ
Do you mean how does it impact the admissibility of statements made by the suspect?

If so, Mr. Alpert's case law update suggests reading Rhodes v. State 945 S.W.2d 115 and Alford v. State, 22 S.W.3d 669.
February 10, 2006, 17:12
NCB
I have not read the suggested information but in short what impact would it have? I understand that a reasonable person would think he/she is under arrest after being placed into handcuffs, but to advise them that they are being detained in such a manner, as for officer and suspect safety, on video, would this be sufficient enough to cover yourself. Past experience has been in searching a vehicle alone with no backup raises legitimate safety concerns. People will either do what they are advised or will end up looking over your shoulder.
February 13, 2006, 13:33
Ken Sparks
As Diane Beckham states in the TDCAA Manual, Warrantless Search and Seizure, page 16, a suspect may be handcuffed for safety or flight reasons during a temporary detention. The duration of the handcuffing must be brief or it will escalate into an arrest.