0870.15 Use of Restraints for Custodies, Detentions, and Arrests
Refer:
• Graham v. Connor, 490 U.S. 386 (1989)
• ORS 131.605 Stop and Frisk, defined
• ORS 131.615 Stopping of Persons
• ORS 133.005 Definitions for ORS 133.005-133.400 and ORS 133.410-133.450
• ORS 133.225 Arrest by Private Person
• ORS 133.310 Authority of Peace Officer to Arrest Without Warrant
• ORS 133.605 Use of Force in Executing Warrants
• ORS 153.039 Stop and Detention for Violation
• ORS 161.233 Use of Physical Force by a Police Officer
• ORS 162.135 Definitions for ORS 162.135-162.205
• ORS 181.165 Crimes for which Criminal Offender Information is Required
• ORS 181A.440 Training in vehicle pursuit, mental illness and airway and circulatory systems
• ORS 426.228 Custody; Authority of Peace Officer; Transporting to Facility; Reports; Examination of Persons
• ORS 430.399 When Person Must be Taken to a treatment facility, or Sobering Facility
• ORS 801.557 Traffic Violation
• ORS 810.410 Arrest and Citation
• DIR 0630.50 Medical Aid
• DIR 0650.00 Search, Seizures and Inventories
• DIR 0652.00 Search Warrants
• DIR 0660.10 Property and Evidence Procedure
• DIR 0830.00 Arrest Without Warrant
• DIR 0840.00 Arrest With Warrant
• DIR 0860.10 Traffic Citations and Arrest
• DIR 0850.30 Juvenile Interviews, Detention, and Custody
• DIR 0850.10 Custody, Civil Holds
• DIR 0850.21 Peace Officer Custody (Civil)
• DIR 0870.20 Custody and Courtesy Transports
• DIR 0900.00 General Reporting Guidelines
• DIR 1015.00 Less Lethal Weapons and Tools
Definitions
• Arrest: To place a person under actual or constructive restraint or to take a person into custody for the purpose of charging that person with an offense.
• Custody: The imposition of actual or constructive restraint by a peace officer pursuant to an arrest or court order, but does not include detention in a correctional facility, youth correction facility or a state hospital.
• Restraints: Devices (e.g. handcuffs, flexcuffs, Hobble or chains) used to temporarily limit a person’s movement or physical ability during police custody and/or transport.
• Stop: A temporary restraint of a person’s liberty by a peace officer lawfully present in any place.
Policy:
1. This Directive establishes requirements for the use of restraints when members arrest or detain a person, or otherwise take a person into custody.
2. Bureau members are responsible for the safety and security of persons in their custody. The Bureau will ensure that if a Bureau member takes a person into custody, the member will secure and contain the person in a manner that both prevents escape, and provides for the safety of the public, the person in custody, and the officers involved.
Procedure:
1. Legal Authorization to Use Restraints.
1.1. Members are authorized to restrain a subject under the following circumstances:
1.1.1. Arrests whether based on probable cause or a warrant,
1.1.2. Reasonable Suspicion:
1.1.2.1. 1. A reasonable suspicion based on articulable facts that the person will flee if not restrained.
1.1.2.2. 2. A reasonable suspicion based on articulable facts that the person might present an immediate threat of serious physical injury to the member or others present if not restrained (per Oregon and Federal law).
1.1.2.3. 3. The person is, or the member reasonably suspects based on articulable facts that the person will be physically uncooperative with the member in a way that interferes with the member’s ability to pursue the investigation or conduct the stop safely if the person is not restrained.
1.1.3. Stops, when authorized to detain a subject as part of a traffic violation or other violation as defined in ORS 810.410 Arrest and Citation, ORS 801.557 Traffic Violation, and ORS 153.039 Stop and Detention for Violation, only when it is reasonable to believe that the subject poses a threat to the member, the subject, or others.
1.1.4. Civil Holds: when it is reasonably necessary to prevent the subject from fleeing or when the subject poses a threat to the member, the subject, or others.
1.1.5. Search Warrant Service:
1.1.5.1. When executing a search warrant at a private residence, members may restrain people they encounter on the premise, as is reasonably necessary for the execution of the search warrant with all practicable safety.
1.1.5.2. When executing a search warrant at a business or premise open to the public, members may restrain a subject when it appears reasonably necessary to protect the member or others from physical harm.
1.2. Members should re-evaluate the necessity of restraints on an ongoing basis and terminate their use when the need to use them has dissipated.
1.3. Unless otherwise stated in this or other directives, members are not required to use restraint devices and may decide to delay or decline the use of restraints to further de-escalation, or prevent injury to the member, the subject or others.
2. Uses of Force.
2.1. Any use of force pursuant to the application of restraints must be objectively reasonable and is governed by Directive 1010.00, Use of Force.
3. Reasonable Accommodations.
3.1. When a member attempts to restrain someone who is pregnant, injured, or otherwise disabled, they shall, when feasible, accommodate the person, to reduce the likelihood of substantial pain or physical injury, so long as the accommodation does not compromise the safety of the member, the subject, or others. Accommodations include but are not limited to:
3.1.1. Placing the restraints in front of the body,
3.1.2. Using multiple handcuffs, or specialty restraints.
4. Bureau Authorized Restraints.
4.1. Members shall only use Bureau-issued restraints. In general, members will only use the restraints listed below. Any other restraints must be Bureau-issued, and members will be expected to follow any specific training and Bureau guidance on their use.
4.1.1. Handcuffs:
4.1.1.1. To minimize the risk of injury to the member, the subject and others, members shall handcuff an arrested subject as soon as practicable.
4.1.1.2. Members should, whenever feasible, subject to a reasonable accommodation, seek to secure a subject in custody with their hands behind their back.
4.1.1.3. Members shall check handcuffs for proper fit and double lock them as soon as feasible.
4.1.1.4. If a subject complains that handcuffs are too tight, or otherwise improperly applied, members shall when feasible check and adjust the cuffs as appropriate.
4.1.2. Flexcuffs:
4.1.2.1. Members may use flexcuffs when regular handcuffs are unavailable, or not appropriate for the situation.
4.1.2.2. Flexcuffs are subject to the same requirements to be checked and properly fitted as handcuffs.
4.1.2.3. Members shall make all reasonable efforts to remove flexcuffs safely.
4.1.3. Hobble Restraints:
4.1.3.1. Members may use a hobble restraint:
4.1.3.1.1. When they are unable to safely restrain a person with handcuffs or flexcuffs;
4.1.3.1.2. To prevent a resisting person from slipping off handcuffs or flexcuffs to the front of their body; or
4.1.3.1.3. To secure a combative person’s legs together to prevent them from kicking, or other attempts to assault members or others.
4.1.3.2. Members shall not:
4.1.3.2.1. Use a hobble restraint in lieu of handcuffs or flexcuffs, or to secure a person’s feet to anything but a D-ring on the floorboard of a police vehicle.
4.1.3.2.2. Use the maximum restraint technique (i.e. securing a person’s knees or ankles in a straight leg restraint, then fastening the hobble to the handcuffs, also known as hogtieing).
5. Ensuring the Safety of Restrained Persons.
5.1. Members shall, when feasible, ensure restrained persons are in a standing, seated, or recovery position (lying on their side).
5.2. Members who observe a restrained person in respiratory, cardiac, or other severe medical distress shall contact Emergency Medical Services as soon as feasible.
5.3. Members shall act in accordance with Directive 0630.45, Emergency Medical Custody Transports, when transporting a subject who is or appears to be seriously injured or ill, or unconscious.
6. Reporting.
6.1. Members shall document their use of restraints, and the reason for it, in an appropriate police report.
Effective: 5/17/2025
Next Review: 5/17/2027