Who has the right to handcuff a minor?

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.


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