I’ve had issues with law enforcement a few times in the past few years here in virginia. I’ve always been told that I am in fact not being detained but I always get handcuffed regardless. The most notable time this happened was when I was being transported to a hospital for suicidal ideation + self harm. (The cop that transported me also said some pretty transphobic and bigoted things to me but thats a story for another time) I know the cops in my area probably follow regulation a lot less than they should.
Can you be told you are not being detained and get handcuffed anyway?
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Of course you can be “told” anything, but what you are being told is probably you are not under arrest. You are detained 100% of the time when police handcuff you, but you are not necessarily under arrest. If you are being taken in for 5150, then you are being placed in a sort of protective custody, so maybe that’s where the confusion is. Personally, I would be more concerned with not being 5150 than whatever comments are being made by the authorities when that’s happening.
No, you are free to walk away, and if they tell you to stop they are violating your 8th amendment. What are the circumstances of your scenario? Besides w.i5150
What’s probably happening is that police are trying to articulate to you that you’re not being detained for a criminal matter.
Police can hold you for your wellbeing if you’re suicidal.
Detained or arrested?? It sounds like you’re being detained, but not arrested.
You can be temporarily detained, and then released from detention after an investigation into your health is concluded.
So, 5150 WIC is a California legal section. It is not a universal term used nationally so it does it apply to Virginia. Yes, you can be detained under this section. All states have some version of “5150” (The California section of the Welfare & Institutions Code – which applies to the involuntary commitment of an adult to a mental health facility for a 72hr observation period & assessment – it’s a different section for juveniles.) California allows peace officers themselves to write that hold, yet other states reserve that for only mental health or medical personnel. It varies from state to state.
Also, despite the insistence of the many graduates of Reddit Law School, the police do not necessarily need suspicion of a crime to detain you. Under Terry v. Ohio (1968) this is true but the courts have long recognized that the police serve an important societal function besides strictly the apprehension of criminals.
Commenting on this dilemma, the Supreme Judicial Court of Maine said:
“If we were to insist upon suspicion of activity amounting to a criminal or civil infraction to meet the [detention] standard, we would be overlooking the police officer’s legitimate role as a public servant to assist those in distress and to maintain and foster public safety.”
Some agencies have policies saying anyone being transported needs to be cuffed
In VA if you are expressing suicidal ideations and not willing to seek mental health help you’ll be taken into custody and taken involuntarily under an emergency custody order.
There are no criminal charges, but you are formally in custody, hence the cuffs.