# Is handcuffing by police a mandatory or optional procedure?

**URL:** <https://boards.straightdope.com/t/is-handcuffing-by-police-a-mandatory-or-optional-procedure/769148>\
**Category:** Factual Questions\
**Created:** [October 20, 2016, 3:28pm UTC](https://boards.straightdope.com/t/is-handcuffing-by-police-a-mandatory-or-optional-procedure/769148 "2016-10-20T15:28:20Z")\
**Posts on this page:** 6\
**Page:** 1

<div class="post-metadata">

**Author:** ![davidmich](https://avatars.discourse-cdn.com/v4/letter/d/e56c9b/32.png) [@davidmich](https://boards.straightdope.com/u/davidmich)\
**Post date:** [October 20, 2016, 3:28pm UTC](https://boards.straightdope.com/t/is-handcuffing-by-police-a-mandatory-or-optional-procedure/769148/1 "2016-10-20T15:28:20Z")

</div>

Hi  
Is handcuffing by police a mandatory or optional procedure? Does it depend on the state you are in or who you are or perhaps the circumstances? I’m asking because this article makes clear is the first instance I have ever come across where it wasn’t enforced.

I look forward to your feedback.

> **[Nassau County Executive Ed Mangano faces bribery charges](https://nypost.com/2016/10/20/ed-mangano-arrested-over-corruption-charges/)**
>
> Nassau County Executive Ed Mangano and his wife, Linda, were arrested Thursday morning in a bribery and kickback scheme involving a restaurateur — who paid Linda Mangano $450,000 for a no-show job …

“Nassau County Executive Ed Mangano was arrested Thursday morning along with his wife, Linda, and Oyster Bay Town Supervisor John Venditto in a bribery and kickback scheme.  
Mangano and his wife walked out of his Bethpage home without handcuffs just before 7 a.m. and got into waiting vehicles, WABC reported.”

---

<div class="post-metadata">

**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\
**Post date:** [October 20, 2016, 3:33pm UTC](https://boards.straightdope.com/t/is-handcuffing-by-police-a-mandatory-or-optional-procedure/769148/2 "2016-10-20T15:33:33Z")

</div>

It does vary by jurisdiction and circumstances. In this case it’s not clear they were actually being arrested at their home. These things are sometime negotiated by lawyers ahead of time.

---

<div class="post-metadata">

**Author:** ![Me\_Billy](https://avatars.discourse-cdn.com/v4/letter/m/e480ec/32.png) [@Me\_Billy](https://boards.straightdope.com/u/Me_Billy)\
**Post date:** [October 20, 2016, 3:39pm UTC](https://boards.straightdope.com/t/is-handcuffing-by-police-a-mandatory-or-optional-procedure/769148/3 "2016-10-20T15:39:45Z")

</div>

Police officers are human and can use their judgement. If it is obvious a person arrested is not going to cause any trouble (old lady, small child, etc.), then they can elect to not handcuff them - even if it is a requirement. They are people and people don’t always follow rules to a “T”.

---

<div class="post-metadata">

**Author:** ![PastTense](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pasttense/32/14550_2.png) [@PastTense](https://boards.straightdope.com/u/PastTense)\
**Post date:** [October 20, 2016, 3:56pm UTC](https://boards.straightdope.com/t/is-handcuffing-by-police-a-mandatory-or-optional-procedure/769148/4 "2016-10-20T15:56:25Z")

</div>

Note this is a white collar crime. I expect it might be fairly common in white collar crimes not to handcuff.

---

<div class="post-metadata">

**Author:** ![chacoguy](https://avatars.discourse-cdn.com/v4/letter/c/50afbb/32.png) [@chacoguy](https://boards.straightdope.com/u/chacoguy)\
**Post date:** [October 20, 2016, 7:46pm UTC](https://boards.straightdope.com/t/is-handcuffing-by-police-a-mandatory-or-optional-procedure/769148/5 "2016-10-20T19:46:18Z")

</div>

The one time I was arrested, it was by a cop that I knew by name. He said it was required and just handed them to me and told me to put them on myself.

---

<div class="post-metadata">

**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\
**Post date:** [October 20, 2016, 7:57pm UTC](https://boards.straightdope.com/t/is-handcuffing-by-police-a-mandatory-or-optional-procedure/769148/6 "2016-10-20T19:57:57Z")

</div>

This is not something that will be covered by any law. This is a policy issue and each department will have their own policies.