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HomeMy WebLinkAbout0306 - USE OF HANDCUFFS RESTRAINTSRed Wing Police Department Policy SUBJECT: POLICY NUMBER W USE OF HANDCUFFS AND TRANSPORTATION 306 Oxr, RESTRAINTS EFFECTIVE DATE March 12, 2018 REFERENCE(S): APPROVED BY: Minnesota ENACTED DATE: CHIEF ROGER D. POHLMAN November 28, 2008 PURPOSE: To provide guidelines for handcuffing, searching and transporting people in the officer's custody. These guidelines are established to provide safety for the general public, officers, and the person in custody. POLICY: Generally, it is the policy of this department that all persons in the custody of the officer, or placed into the custody of this department by court order, will be handcuffed and thoroughly searched for weapons and contraband. DEFINITIONS: A. IN -CUSTODY: For purposes of this policy people who are under arrest, being lawfully held or detained, and are not free to leave are considered in -custody. 2. PROCEDURES: A. HANDCUFFING / SEARCHING: All persons arrested for a crime or taken into custody will be handcuffed and searched by the arresting or transporting officer. 2. The handcuffs will be applied in accordance with the officer's training, including being double locked and the tightness checked. a. If handcuffs are placed in the front of the person in custody, a transport belt should be used. The use of a transport belt is strongly encouraged and if one is not used, an officer shall explain in their incident report why. b. Officers shall respond to concerns regarding handcuff tightness as soon as practically possible. Depending upon the severity of the situation the officer is handling, the time can vary. It may be necessary to gain control of the situation before addressing the issue of the tightness of the handcuffs. Once control of the situation is gained, the officer should immediately check and ensure the handcuffs fit properly and are secure. c. The use of authorized leg restraints or other authorized restraint Page 1 of 4 USE OF HANDCUFFS AND TRANSPORTATION RESTRAINTS -POLICY 306 devices may be used when appropriate and in accordance with the officer's training. For example, if a person taken into custody continues to resist arrest by kicking it may be necessary to utilize leg restraints. 3. If the person taken into custody is transported from the Goodhue County Adult Detention Center, or other detention center, the officer will handcuff and search the person prior to leaving the secured portion of that building. This would include detoxification centers, hospitals, and other places where the person has been held in accordance with law or on a court order. a. Minn. Stat 25313.05, subd. 2(b) dealing with civil commitment, states: As far as is practical, a peace officer who provides transportation for a person placed in a facility under this subdivision, may not be in uniform and may not use a vehicle visibly marked as a law enforcement vehicle. In light of this statute, individuals being transported for civil commitment proceedings may be exempted from this policy. 4. Exceptions to handcuffing: a. People that have a medical or other condition that would prevent it. b. When the person or a child is being transported by a court order and there is no threat or custody issue. 5. The officer will always take into consideration the dangers of "positional asphyxia" when restraining and transporting a person. Positional Asphyxia: Death as a result of the body positioned in such a way that it interferes with the ability to breathe. B. TRANSPORT VEHICLE (SQUAD) AND PERSONAL PROPERTY: Any personal property sent with a person in custody from the Goodhue County Adult Detention Center or other detention facility will be placed in the transport vehicle out of the accessible area of any people that are being transported. 2. Any Red Wing Police Department vehicle used as a transport vehicle will be searched for any type of contraband by the transporting officer prior to and after all transports. C. DURING TRANSPORT: The person in custody will be properly handcuffed and restrained in accordance with this policy and the vehicle seatbelt will be used Page 2 of 4 USE OF HANDCUFFS AND TRANSPORTATION RESTRAINTS -POLICY 306 unless there are circumstances that prevent it. 2. The person in custody shall be transported in the backseat of the vehicle behind the security partition. If there is no security partition in the vehicle or if there is a reason that prohibits transporting the individual in the back seat, the individual can be transported in the front passenger seat. If the transport can not be accomplished safely with the individual in the front seat, another squad shall be requested that has a rear partition. All handcuffing and restraint procedures will still apply. a. If handcuffs are placed in the front of a person in custody and they are going to be transported in the front passenger seat or in the backseat of a vehicle that does not have a partition, a transport belt should be used. The use of a transport belt is strongly encouraged and if one is not used, an officer shall explain in their incident report why. 3. Do not take the person in custody out of the vehicle unless there is an immediate need to do so. During long transports, if stopping for meals, use a drive-through whenever possible. If you must take the person out of the vehicle for any reason, double check the restraints, and check the security of the situation to determine if this can be accomplished safely. If the person in custody cannot be taken out of the vehicle safely, proceed to the next available location where it can be accomplished safely. a. Upon returning to the vehicle, check restraints and search the person in custody. D. POLICE REPORTS Routine handcuffing or routine use of a transport belt or leg restraint does not require the completion of a Red Wing Police Department Subject Resistance/Response Report. 2. All situations involving handcuffing, use of a transport belt or leg restraint shall be documented on Red Wing Police Department Forms. Documentation consists of at least one of the following: a. Incident/Supplemental Report. b. Supplemental Report. c. Subject Resistance/Response Report. Page 3 of 4 USE OF HANDCUFFS AND TRANSPORTATION RESTRAINTS -POLICY 306 Use of Handcuffs and Transportation Restraints — Policy 306 Summary of Changes: Policy Effective Date: Changes: March 12, 2018 - Changed Use of Force Report to Subject Resistance/Response Report. - Change Policy number from 45 to 306. Page 4 of 4 USE OF HANDCUFFS AND TRANSPORTATION RESTRAINTS -POLICY 306