Legal Question in Criminal Law in New Jersey

Minor in handcuffs

Can a minor (14) be handcuffed and arested if they are guilty by association?

Asked on 3/05/06, 8:14 pm

2 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: Minor in handcuffs

My understanding is that police officers are required to handcuff the person being arrested even if that person is a teenager. One officer recounted to me how a teenager attacked him in Juvenile Court by locking onto the officer's arm with his teeth and removing a substantial part of his arm muscle.

Gary Moore, Esquire

Hackensack, New Jersey

Read more
Answered on 3/06/06, 12:02 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Minor in handcuffs

I'm not sure what you mean by guilty by association, there's no such crime. I'm guessing you are talking about conspiracy. Regardless, most if not all departments require that officers hand cuff suspects, although there is probably a cut off with age, i.e. they don't have to, and are probably not permitted to handcuff a 5 year old, unless the child is uncontrollable. Thus, 14 is certainly old enough to be handcuffed.

I'm also not sure what you are driving at. Handcuffing should have no impact on the criminal charge. And a false arrest is a false arrest as far as a law suit goes, age or handcuffing doesn't have that much of an impact; again, unless the child is young.

I'm assuming the 14 year old has had charges filed against him and I suggest you retain a lawyer as soon as possible.

Jef Henninger

Read more
Answered on 3/06/06, 4:27 pm

Related Questions & Answers

More Criminal Law questions and answers in New Jersey