Law regarding handcuffs during traffic stop?

[brewguy]

I'm curious if there are any laws dictating when this is and is not allowable? If you are pulled over for something like speeding or spinning your tires are they allowed to get you out of the car, search you, cuff you and detain you in the squad car?

If so is there anything they are suppose to do or is this normal?

[WhiteWolf]

I'm no lawyer, but without something called "probable cause" or something called "consent" I do not believe the police can search you or your property without a warrant.

Handcuffs are a protective measure but without any valid reason behind it would probably be excessive use of force.

All is IMHO.

[Pa. Patriot]

In a nutshell:
If they can legally detain or arrest you they can cuff you. But NOT otherwise.
Does that make sense?

Do a search on detaining and arrest if you want to learn what RAC or PC is needed for both.

[brewguy]

I'm no lawyer, but without something called "probable cause" or something called "consent" I do not believe the police can search you or your property without a warrant.

Handcuffs are a protective measure but without any valid reason behind it would probably be excessive use of force.

All is IMHO.

At the time I am very certain it was used to intimidate with the purpose of preventing me from coming back. It worked. I tried to laugh it off as the entire thing was silly but now that I think back about it I'm not sure it was completely legal or should have been legal.

I was driving around York around 10pm and did a rather large burn out. I need to specify that at no point did my vehicle move. When the traffic light turned green I stopped and proceeded at a normal pace. The instant the cop was behind me I pulled over and cooperated.

He pulled me out of the vehicle and immediately put cuffs on me. Started searching my pockets and asks if I have any weapons. I didn't. Then sticks me in the patrol car while writing out a ticket for disorderly by motor vehicle.

Seemed rather extreme. Looking back I'm wondering the legality of it?

[brewguy]

In a nutshell:
If they can legally detain or arrest you they can cuff you. But NOT otherwise.
Does that make sense?

Do a search on detaining and arrest if you want to learn what RAC or PC is needed for both.

SO what I am getting is that stopping me is to detain me. I can't seem to find anything to do with cuffs.

Also are traffic violations crimes? I thought I have heard on here that speeding is not a crime.

[Steve in PA]

At the time I am very certain it was used to intimidate with the purpose of preventing me from coming back. It worked. I tried to laugh it off as the entire thing was silly but now that I think back about it I'm not sure it was completely legal or should have been legal.

I was driving around York around 10pm and did a rather large burn out. I need to specify that at no point did my vehicle move. When the traffic light turned green I stopped and proceeded at a normal pace. The instant the cop was behind me I pulled over and cooperated.

He pulled me out of the vehicle and immediately put cuffs on me. Started searching my pockets and asks if I have any weapons. I didn't. Then sticks me in the patrol car while writing out a ticket for disorderly by motor vehicle.

Seemed rather extreme. Looking back I'm wondering the legality of it?

First of all, there is no such law in PA as "disorderly by motor vehicle". The appropriate charge should have been PAVC 3367 (b) Racing on highways, specifically....."exhibition of speed".

What the officer did was within the legal limits of the law.

[Pa. Patriot]

Steve,
i'm glad you chimed in here. I'm secondguessing my recollection used in my above post. Is there a safety clause i'm unaware of? I can't look it up right now either.

[brewguy]

First of all, there is no such law in PA as "disorderly by motor vehicle". The appropriate charge should have been PAVC 3367 (b) Racing on highways, specifically....."exhibition of speed".

What the officer did was within the legal limits of the law.

My vehicle didn't move. How could it have been racing or exhibit of speed? The ticket stated disorderly by motor vehicle, it is also what the judge ruled. Perhaps it was just disorderly, he said it was not a trafic citation.

[ExCopInPhilly]

I was driving around York around 10pm and did a rather large burn out. I need to specify that at no point did my vehicle move. When the traffic light turned green I stopped and proceeded at a normal pace. The instant the cop was behind me I pulled over and cooperated.

This was the disorderly conduct or exhibition of speed

My vehicle didn't move. How could it have been racing or exhibit of speed? The ticket stated disorderly by motor vehicle, it is also what the judge ruled. Perhaps it was just disorderly, he said it was not a trafic citation.

They did you a favor by not charging you with the traffic offense which would have carried points, but instead charged you with the misdemeanor or city offense of disorderly conduct. Can't tell you whether they charged you with violating a city ordinance or the misdemeanor without seeing the ticket and offense code. Steve was right, what the officer did was within the law.

[brewguy]

So exhibition of speed has nothing to do with speed?

I'm not really concerned about the ticket. I was mostly asking about being cuffed. Is it perfectly ok to be cuffed at any traffic stop? How about searching my pockets without asking?

I understand I should not have spun my tires, I don't see the harm but that is also ok. If I was yelling or something on the street would it be standard to immediately cuff me and search me before writing a ticket?