Being Handcuffed by the Police Doesn't Necessarily Mean You're Under Arrest

Posted on February 22, 2008 by Ron Chapman

Just because the police handcuff you does not necessarily mean you're under arrest.  That's what the Florida Supreme Court ruled in a case called Reynolds v. State of Florida.

In Reynolds, the Florida Supreme Court ruled that it is legal for a police officer to handcuff someone if the officer reasonably believes that it is necessary to do so in order to protect the officer's safety or to prevent that person from fleeing.  However, handcuffing a person in this situation does not necessarily mean that the person is under arrest; it may simply mean that the person is being temporarily detained while the officer conducts his investigation.

The Reynolds Court cited to a case from Alaska called Howard v. State of Alaska which held that a person who had been handcuffed and had guns drawn on him by police officers was not under arrest but was simply being detained while the police conducted their investigation.

So the next time a police officer points a gun at you and puts handcuffs on your wrists, just remember--you may not be under arrest.

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When the Police Come Knocking

Posted on January 9, 2008 by Ron Chapman

Florida law states that the police may break open a door leading into a home if:

  1.  The police have a warrant.
  2. The police announce who they are and what they want.
  3. The occupant of the home refuses to let the police enter his home after the police have waited a reasonable period of time after knocking and announcing their purpose.

There has been a great deal of litigation regarding precisely how long the police must wait after knocking and before breaking down a door to a home.

However, there are 4 exceptions to the rule that the police must wait a reasonable period of time after knocking and before breaking down someone's door.  Those exceptions are:

  1. Those inside the home already know that the police are outside, and they know what the police want; or
  2. The police reasonably believe that those inside the home are in danger of being physically harmed; or
  3. The danger to the police would increase if the police simply waited outside the door; or
  4. Those inside the home might try to escape or destroy evidence.

 As you can see, the law regarding when the police may forcibly enter your home is quite complex.  Should the police ever forcibly enter your home, it would be wise to consult with a criminal attorney in order to get his or her opinion regarding the legality of the officers' actions.

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