When A Search Warrant Is Served Are Kids Handcuffed While Police Search The Residence?

Answer 1

A search warrant is only an authorization to search the premises, not to arrest everyone inside. The police may only detain someone during the course of a legal search if they discover the person doing something illegal when the police enter the dwelling OR if the person tries to interfere with the search. Otherwise, we're looking at a possible case of false arrest.

I don't know what the thumbs downs are for. Traditionally, the worst thing you can do to an American is deprive them of their liberty without good cause. Isn't that one of the reasons we rebelled against King George? To stop British troops from arresting people without cause? "I didn't feel comfortable" doesn't cut it.

Answer 2

If needed. Dealing with people on a search warrant service can be tricky. If the search warrant was served on a business and the "kids" were just clients (and did nothing to obstruct the Police) then the Police would have a hard time explaining that one. If the "kids" are thirteen and fourteen year old gang members in a residence known for drugs and weapons then prudence may require them to be restrained until things can be straightened out.

Answer 3

properly short answer confident. in keeping with age i could say everybody who seems 13 or above could probably be put in cuffs. Eric that remark approximately somebody being below arrest in the event that they're positioned into cuffs is fake!! Police mechanically positioned human beings in hand cuffs for the time of seek warrants for the protection of the officers and the topics interior the region being searched. have faith it or no longer somebody who's 12 years old is very able to attacking a police officer. Say that 12 12 months old picked up a knife and attacked the officer out of concern while daddy replaced into being arrested. That 12 12 months old who is conscious not greater useful could probably be shot or injured. as quickly as the region in deemed risk-free each and all the cuffs are removed from events no longer below arrest and that they are frequently unfastened to leave.

Answer 4

That depends on the situation. Anyone can be handcuffed if the police believe it makes the search more safe. If they are staying out of the way, they probably won't be restrained. What were you or your kids doing during the search?

Answer 5

Usually not, unless the kids physically resist or try to run away or attempt to attack the police, or something like that.
Depending on the situation, the kids may simply be removed from the house and placed in a squad car for their own safety.

Answer 6

under normal circumstances, no.....but it depends on what the residence is being searched for, the age of the children, pretty much, case by case situation, but for the most part, i would think not....i havent heard of this happeneing, and ive been in the law area for about 5 years now. if so, thats a pretty ****** up thing to do if i must say so myself

Answer 7

No one is handcuffed while a search is being executed unless there's a reason - ie flight danger or danger to others.

Answer 8

It depends how old they are and there level of cooperation. Just because they are under 18 years of age changes nothing.

Answer 9

Ask a policeman

Answer 10

the only time kids will be cuffed is if they are getting out of control.