MLK PARADE - Deputy Sheriffs' Association of San Diego County

Talking Versus Cuffing
The Great Debate About Handcuff and Arrest Warnings
by Dr. Steve Albrecht
There are two schools of thought about the actions and words you
should use prior to placing handcuffs on suspects. One approach,
when arresting drunk drivers, for example, says that you tell
the subject, “The last part of this field test is for you to put your hands
behind your back and lock your fingers together.”
When the suspect does this, you can step in quickly and slip the
handcuffs over his or her wrists, since they are already in cuffing
position. The element of surprise, goes this thinking, will prevent a
struggle, since by the time he or she realizes what is happening, it’s too
late and the cuffs are already on (and in the right position, hopefully).
The other school of thought suggests that you communicate your
intended actions: “You did not pass my test. You’re now under arrest for
drunk driving. There is no other choice here. Put your hands behind
your back. Now put the backs of your hands together. I’m going to
handcuff you. Do it now and then don’t move. If I feel you move or you
try to fight me, I (and my partner) will stop you. If you fight me, you
will get hurt and I don’t want that. Don’t try to run or do anything that
might make me think you want to hurt me. Do you understand me”
I prefer to live in the second school. Let’s break it down. In the first
scenario, the suspect has a buzz on and his balance and thought
processes are fuzzy. He’s not sure if he has done well on the Field
Coordination Test, but he thinks he still has a good chance of
talking this deputy out of arresting him. This has all been a big
misunderstanding and he just wants to get home, go to bed, and sleep it
off. Suddenly and without knowing why (in his alcohol-addled brain),
he feels handcuffs going on his wrists. He decides now is the time to
have that chat with the deputy about him leaving for home and turns
to start talking. This is accompanied by him saying, lots of times, “Hey!
Wait! Let me just say something! Hold on! I’m not drunk and you can’t
do this...”
What follows next is the usual street cha-cha, where uniforms get torn
and suspects and deputies end up in ERs for stitches. And the story his
defense attorney will tell will be the one where he was just standing
there and the deputy suddenly “attacked” him.
In the second school of thought, the suspect is told, by you, exactly what
you are doing and, more importantly, what will happen if he tries to
fight. You can write the exact statement you made into your report: “I
told Mr. X that he was under arrest and that he should put his hands
behind his back and not move while I handcuffed him. At that point
he...”
And here is where the suspect makes his own choice: “...complied and I
handcuffed him, searched him for weapons or contraband, and placed
him in my patrol car.” Or he makes another choice: “...refused to follow
my instructions and turned toward me and raised his fists in a way that
meant he wanted to fight me. I grabbed his right wrist and executed
an arm-bar takedown, using the right front hood of my patrol car to
control his upper body. I used a wrist-twist technique to put his right
hand into handcuffing position and then applied both handcuffs to his
wrists.”
I believe in the power and the validity of the second school of arrest and
control because whatever force we use, including deadly force, we can
honestly say, on paper, to our Shooting Review Board, to the media, to
a plaintiff’s lawyer, and to a jury, “I warned him in advance not to fight
me during the arrest process. When he grabbed for my gun, I used an
elbow strike to the side of his head, then pulled my duty weapon and...”
However it ends for the suspect, you know in your heart and head that
you explained the forthcoming arrest process (using simple statements
and simple commands) and gave him every chance to comply.
This same theory of “Talk First, Cuff Second” can be used for the benefit
of any nearby witnesses when you shout at suspects who are resisting.
“Stop fighting! Don’t move! Put your hands behind you, now!”
“The cop told him to stop” is what truthful witnesses will say when
asked by detectives, the news media, or a lawyer. And while we don’t say
“drop the gun” to crooks who are already pointing it at us, so they can
shoot us first (this isn’t the movies); we can give commands that tell all
who hear us that we will shoot if they choose to reach for a weapon.
Talking doesn’t always work in every situation. Sometimes you have
to act first (and fast) then talk later, but if you make it a part to explain
while you detain, you can change the ways suspects respond to the
arrest process.
***
Steve Albrecht worked for the SDPD from 1984 to 1999. His police books include
Streetwork; Surviving Street Patrol; and his latest, Tactical Perfection for Street
Cops, which are all available from www.paladin-press.com. He can be reached at
steve@contactandcover.com.
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