Page 22 - North Carolina 2020 Legal Guide

Task: Handcuffing at the Scene of Search Warrant

Muehler v. Mena, 544 U.S. 93 (2005).

• Officers may handcuff individuals present when they execute a

dangerous search warrant at a residence.

• Subjects may remain handcuffed during the remainder of the

search.

• Where the duration of the search is such that a person may be

injured by continuous restraint officers should find a way to

accommodate the individual so that such injury does not occur.

• Where it is readily apparent to officers that the person (s) pose no

danger to them, officers should remove restraints.

©2020 Jack Ryan Legal & Liability Risk Management Institute 21