Police are allowed to restrain a person who is being detained and a perceived risk to the officers, their self, or others around.
The key here is to confirm that you are being detained first. Then get the reason you're being detained. Your response to an officer should be:
1) Officer am I being detailed?
1a) If the officer says no, then ask "Am I free to go"
1b) If the Officer says no, then go back to 1.
2) Officer, why am I being detained?
2a) If the officer does not give you a reason, you may be able to win a case in court. Police are required to let a person know why they are being detained during the process.
2b) If the officer says that you are not being detained, go to 1
3) When the officer puts restraints on you (DO NOT RESIST).
3a) Say, I am not resisting, Why is this necessary?
3b) Say Ouch, that's too tight (the optics are better for people recording the incident)
3c) Say again, I am willing to comply, please be clear in your instructions
DO NOT RESIST ARREST
At this point, you'll have the case to lawyer up and claim that unnecessary force was used for whatever it was.
Keep in mind that you CANNOT REFUSE to be restrained. Officers have the right to restrain a person they perceive to be a danger. They can argue in court that restraining you was necessary. Remember, they get paid to be in court, you don't.. You need to make yourself blameless in the interaction.
I worked with Local and State Law Enforcement.
· 4 months ago