Legal Question in Securities Law in California

handcuffs

Is it legal for the public to carry handcuffs? if not what permits are required?


Asked on 12/18/04, 12:27 pm

2 Answers from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: handcuffs

it's not the carrying of the handcuffs that bothers me with your question. It is what you plan on doing with them. If you don't have them you won't get in trouble. If you have them and use them you can be charged with kidnapping, false imprisonment, on a criminal basis along with assault and battery. In a civil court on top of the previous categories I can think of intentional infliction of emotional distress, negligent infliction of emotional distress and numerous other claims. So the answer is put your handcuffs away in the drawer and be a good boy or girl and use common sense.

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Answered on 12/18/04, 3:07 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: handcuffs

Securities law has to do with stocks and bonds and that kind of financial securities; your question deals with a different kind of "security" and might better be asked under a criminal law heading. You might want to re-ask it in a different category and maybe you'll get a better answer. However, I'll take a shot at it.

The possession of handcuffs is not a crime. See People v. McKinney (1979) 95 Cal.App.3d 712 at page 734. I could find no further information, except on general principle I would say that possession of handcuffs could be a factor in establishing an officer's reasonable grounds for suspicion in detaining or arresting a citizen (as to any 4th Amendment issue).

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Answered on 12/18/04, 1:10 pm


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