Who has the right to handcuff a minor?

UPDATED: Nov 21, 2011

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Who has the right to handcuff a minor?

My 14 year old son was caught shoplifting. He was detained and handcuffed by store emloyee. They released him to my wife after the police showed up. Does the store employee has a right to handcuff my son’s hands?

Asked on November 21, 2011 under Personal Injury, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your 14 year old son was caught doing a criminal act of shoplifting, the store's employees were entitled to make a citizen's arrest of your son and to handcuff him in order to prevent any flight risk. Depending upon the value of the item that he was caught shoplifting the crime could be deemed a felony.

If he does not have a criminal defense attorney representing him, he should. He will be tried in juvenile court for the offense since he is a minor. Most likely he will be placed on probation if the charge against him is his first offense.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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