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submitted 3 months ago by Oha@lemmy.ohaa.xyz to c/linux@lemmy.ml
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[-] Blue_Morpho@lemmy.world 33 points 3 months ago

Was he arrested? I don't see follow up. It only says he was handcuffed which would be standard until they know what's going on.

[-] Buffalox@lemmy.world 21 points 3 months ago

OK, here it's the other way around, you don't normally handcuff somebody unless they are arrested.

[-] JoMiran@lemmy.ml 38 points 3 months ago

You get handcuffed as a precaution. You do not have to be arrested. You can het handcuffed on a traffic stop if the officer decides they have cause to search your car. Etc.

[-] SplashJackson@lemmy.ca 58 points 3 months ago* (last edited 3 months ago)

Some cops will go a step further and shoot you first; as a precaution, of course.

[-] JoMiran@lemmy.ml 31 points 3 months ago

Or your dog. Safety first!

[-] Nurgus@lemmy.world 8 points 3 months ago* (last edited 3 months ago)

Just because handcuffung is normal in the USA, that doesnt make it normal or sensible. No one gets cuffed in a normal traffic stop or house visit in the UK for example.

[-] tpihkal@lemmy.world 9 points 3 months ago

Being detained while an investigation is conducted is not being arrested.

[-] sugartits@lemmy.world 8 points 3 months ago

Factually inaccurate.

[-] orcrist@lemm.ee 3 points 3 months ago

In the US, the cops need RAS to handcuff you. The standard was never and is not "until they know what's going on". And RAS depends on the current cop knowledge. Even if they had legal grounds to break into your place, what they see in the next ten seconds is still relevant. For example, if someone said you attacked them with a knife, when the cops see no victim, knife, or blood, their legal authority ceases.

Of course it's all highly dependent on specific details.

(On traffic stops, often they already have RAS. That's why they pulled you over. So don't be fooled by other comments about that topic.)

[-] Blue_Morpho@lemmy.world 2 points 3 months ago

"Law enforcement officers typically have fairly broad leeway to place someone in handcuffs during an interaction if they believe that it’s necessary to protect themselves from harm. In those cases, they can do so even if the person being handcuffed hasn’t been arrested."

"When a search warrant is being executed"

https://www.northernillinoislegalteam.com/blog/2021/04/when-do-police-have-the-right-to-handcuff-a-person/

Handcuffs do not mean an arrest.

[-] Neon@lemmy.world 1 points 3 months ago

This is in Germany, idk what laws in the US have to do with this

this post was submitted on 14 Sep 2024
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