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Thread: Can P.I.'s carry handcuffs

  1. #41
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    Re: Can P.I.'s carry handcuffs

    Thank you, Jerome, I appreciate your positive comment. I will certainly continue to do my best!
    Best Regards,

    Charles Morgan
    Private Investigator Trainee
    charles.morgan@pi-agency.us

  2. #42
    Jerome O Isaac--'s Avatar
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    Re: Can P.I.'s carry handcuffs

    Greetings Charles, you are very welcome, I do hope all is well with you at present.

    All the best to you on the road ahead.

    Have a great day.

  3. #43
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    Re: Great topic

    Quote Originally Posted by Corwyn Patterson
    I always wondered about this. I have handcuffs but have never used them or carried them with me. Can you use handcuffs as self defence? Restrain a subject who was attacking you?

    Hey Corwyn,

    Self Defense is defined as:

    The use of force that is justified when a person reasonably believes that it is necessary for the defense of oneself or another against the immediate use of unlawful force. However, a person must use no more force than appears reasonably necessary in the circumstances.

    Force likely to cause death or great bodily harm is justified in self-defense only if a person reasonably believes that such force is necessary to prevent death or great bodily harm.

    The Right To Protect One's Person And Property From Injury.

    It would be proper to consider: 1. The extent of the right of self-defence. 2. By whom it may be exercised. 3. Against whom. 4. For what causes.

    As a general rule no man/woman is allowed to defend himself/herself with force if he/she can apply to the law for redress, and the law gives him/her a complete remedy.

    In other words, in a conflict situation it would be wise to remove yourself from an attacker not handcuff them. Furthermore, I believe there would be substantial civil and possibly criminal reprocusions if someone is handcuffed without just cause or due diligence by a state or federally sworn in official.

    Just an opinion...

    Rick

  4. #44
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    Re: Can P.I.'s carry handcuffs

    Just wanted to throw out another concern about detaining someone with hand cuffs. I am a Private Investigator and a BEA. Once you cuff someone you are completely responsible for their safety. If you handcuff someone and they get hurt in any manner you will be held accountable. As a Private Investigator you should not be putting yourself in a position to act as Law Enforcement. Remember, you are responsible for your actions and will be held accountable. Just wanted to throw this out there.

  5. #45
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    Re: handcuffs

    Quote Originally Posted by Jeff Starnes
    Unless you are in LP or security, I see no reason why you would need handcuffs...you have no arrest powers as a PIl moreiver, you can find yourself in a lawsuit should you illegally detain someone (you are still a private citizen, not a peace officer).
    T civil suit against you may read "false imprisonment" and "IIED" among others...

    I cant understnad why PI's want to equip themselves like cops?
    Personally, I want to show an example of why a private eye would need handcuffs.

    In california the powers of arrest for anyone besides law enforcement is considered citizens arrest. A person who is committing a felony act, rape, robbery, assault can be physically arrested and held until the proper authorities arrive. You have to SEE this felony personally and while we surveil situations we tend to see more then the average person.

    So, you spot a women being beaten while sitting in a bush surveilling a suspect. You can legally arrest that individual and handcuff detain him using proper force. Beating the snot out of him is considered excessive force and can be filed agaisnt you after you call the cops. I personally have used my powers of citizen arrest in a case similiar to this one except I didnt have cuffs at that moment. This guy was not going to stick around so I literally had my knee in his back till the cops got there. It really sucked waiting what seemed like forever wondering if this guy was going to try anything more. luckily for me about 10 min after I called a sheriff (not assigned to the call) randomly showed up and took him into custody. Every muscle in my body hurt afterwards. Had I had cuffs on him I wouldnt have had much trouble like that at all. I was not a P.I. back then either just an off duty security officer who didnt have much of anything except my eyes ears and hands to aid me. I am also a member now of my local neighborhood watch. Being a responsible citizen means watching out for everyone who you see.

    The only way for evil to triumpth is for a good person to do nothing.

  6. #46
    Lonnie Fentress's Avatar
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    Re: Can P.I.'s carry handcuffs

    If I Were You I Would Contact Your Local Public Saftey Commission, Or Police Dept. There Is A Certification Process You Have To Go Through.
    LONNIE FENTRESS

  7. #47
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    Re: Can P.I.'s carry handcuffs

    Citizens Arrests Are Legal In Most States, Because If You Witness A Crime Going Down And You Do Nothing You Can Be Held Responsible For Whatever Happens ,ever Heard Of Guilt By Association. I Hope That Helps.
    LONNIE FENTRESS

  8. #48
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    Re: Can P.I.'s carry handcuffs

    There is also a gray area of kidnaping involved.

  9. #49
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    Re: Can P.I.'s carry handcuffs

    To all of the responders that mentioned Bounty Hunting:
    It is offensive to Bail Enforcement Agents to be called Bounty Hunters, and in some states it is patently illegal to introduce, call your self or wear clothing indicative of same.

    As far as detaining an individual, once you take someone into custody, to include impeding their path, you take full responsibility for the health and welfare of that individual. They cannot be secured to your vehicle in any way other than a seat belt, ex: shackles that are chained to the back seat floor.

    Every citizen has the right to effect a citizen's arrest if a felony occurred in their presence, but no good can come from it. LEO might let the individual go if you decline to testify against this individual, let alone the issue of chain of custody regarding evidence. AS PI's, we are not law enforcement.

    Lastly, just to be picky, BEA's do not arrest anyone, they re-arrest them as the apprehension is an extension of the original arrest. The fugitive's Failure to Appear (FTA) is tantamount to escaping from the jailer's grasp.

    Scott

  10. #50
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    Re: Can P.I.'s carry handcuffs

    Quote Originally Posted by Rupert E MacLean III View Post
    To all of the responders that mentioned Bounty Hunting:
    It is offensive to Bail Enforcement Agents to be called Bounty Hunters, and in some states it is patently illegal to introduce, call your self or wear clothing indicative of same.
    Scott, we appreciate the clarity, but because this is an international forum we have found that some professional bail enforcement agents do prefer to be known as bounty hunters, especially in areas where there is no clear legal restrictions.

    If you and others prefer the term bail enforcement agent, then I encourage you to use the term rather than to potentially draw ire from some who do not find it offensive

    In any event, we do appreciate your input and we may very well retitle some of our forum to promote the added name of Bail Enforcement.

    David
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  11. #51
    Rupert E MacLean III's Avatar
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    Re: Can P.I.'s carry handcuffs

    David
    I understand that this is an international forum, how many countries that participate on this forum have commercial bail laws?
    The issue with the terminology is that Bounty Hunter has connotations of a rogue, untrained, and in our history, often a criminal themselves. The other connotates a skilled and trained professional operating within the law.

    Just my opinion...

    Scott

  12. #52

    Re: Can P.I.'s carry handcuffs

    Quote Originally Posted by Rupert E MacLean III View Post
    David
    I understand that this is an international forum, how many countries that participate on this forum have commercial bail laws?
    The issue with the terminology is that Bounty Hunter has connotations of a rogue, untrained, and in our history, often a criminal themselves. The other connotates a skilled and trained professional operating within the law.

    Just my opinion...

    Scott
    Hello, Scott.

    Here's something of great interest:
    http://www.ipiu.org/forums/showthrea...197#post453197

  13. #53
    Jonathan Persky's Avatar
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    Re: Can P.I.'s carry handcuffs

    I CARRY handcuffs all the time within my reach, due to my Private investigative Occupation people. There are NO Restraints for the use of them in my State.

    I recently became certified in OC Spray. I cant believe a few of you are afraid to utilize Handcuffs! Let us say for instanc that one of you was an innocent civilian within the presence of a DRUNK Driver or just some aveage publically intoxicated Bloke in your nearest Mall stirring up. It is the understanding of the LAWS in almost all states now that you have a right to "DETAIN" these annoying perps. there ya go!

    Jonathan

  14. #54
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    Re: Can P.I.'s carry handcuffs

    Quote Originally Posted by Rupert E MacLean III View Post
    To all of the responders that mentioned Bounty Hunting:
    It is offensive to Bail Enforcement Agents to be called Bounty Hunters, and in some states it is patently illegal to introduce, call your self or wear clothing indicative of same.

    As far as detaining an individual, once you take someone into custody, to include impeding their path, you take full responsibility for the health and welfare of that individual. They cannot be secured to your vehicle in any way other than a seat belt, ex: shackles that are chained to the back seat floor.

    Every citizen has the right to effect a citizen's arrest if a felony occurred in their presence, but no good can come from it. LEO might let the individual go if you decline to testify against this individual, let alone the issue of chain of custody regarding evidence. AS PI's, we are not law enforcement.

    Lastly, just to be picky, BEA's do not arrest anyone, they re-arrest them as the apprehension is an extension of the original arrest. The fugitive's Failure to Appear (FTA) is tantamount to escaping from the jailer's grasp.

    Scott

    Correct select few are labeled "REPO" men too.

    In fact, as McLean is wisely stating, the amount of States shoving 'private' bail hunters out of their profession is continuing. Last checked it already was six. There's probably a write up from an industry article that States the facts on that better though.

    Jon

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