HANDCUFFING FOR OHIO SECURITY PERSONNEL

SECURITY PERSONNEL — OHIO

1. PURPOSE

This section establishes general guidance for authorized Ohio security personnel regarding the safe, lawful, and professional use of handcuffs when permitted by applicable law, employer policy, client requirements, and the employee’s training.

Handcuffs are temporary restraint devices and are not a substitute for de-escalation, communication, scene safety, or timely notification of law enforcement and emergency medical services when appropriate.

2. OHIO LEGAL AND PROFESSIONAL CONSIDERATIONS

Ohio security personnel do not possess general police powers solely by virtue of employment as security officers or licensure or registration under Chapter 4749 of the Ohio Revised Code.

A security employee’s authority to use handcuffs depends on the specific circumstances and may involve lawful self-defense, defense of another person, protection of property, lawful detention or arrest, contractual authority, employer policy, and other applicable law.

Ohio courts have recognized that a private person may make a warrantless arrest in limited circumstances when statutory requirements are satisfied. Ohio Revised Code § 2935.04 permits a private person to arrest another when that person has committed a felony, and Ohio Revised Code § 2935.041 addresses certain theft offenses. In State v. S.R., 63 Ohio St.3d 590, 589 N.E.2d 1319 (1992), the Ohio Supreme Court discussed the limited authority of a private person to make a felony arrest and emphasized that private-arrest authority is not equivalent to general police authority. Security personnel should therefore identify the specific legal basis for any detention or arrest and should not assume that suspicion, a policy violation, or a request to leave automatically authorizes the use of handcuffs.

The Ohio Supreme Court has also held that a private person who makes an arrest may be liable for false arrest or false imprisonment if the detention is not legally justified. See Bennett v. Ohio Dept. of Rehab. & Corr., 60 Ohio St.3d 107, 573 N.E.2d 633 (1991). In addition, Ohio recognizes that a person may use only reasonable force in defense of self or others. See State v. Barnes, 94 Ohio St.3d 21, 759 N.E.2d 1240 (2002). These principles reinforce that handcuffing must be objectively reasonable, limited in duration and scope, and connected to a lawful safety or detention purpose.

Security personnel should understand that improper or excessive restraint may result in criminal, civil, employment, or licensing consequences. Handcuffs should be used only when reasonably necessary, proportionate to the circumstances, and within the scope of the employee’s training and authorization.

When uncertain, personnel should contact a supervisor or law enforcement and refrain from taking action beyond their lawful authority.

3. SECURITY PERSONNEL AUTHORIZATION

A security company may establish a written policy authorizing appropriately trained personnel to carry and use handcuffs when permitted by law and organizational procedures.

The authorization should specify:

– Personnel authorized to carry handcuffs.
– Personnel authorized to apply handcuffs.
– Required training.
– Approved handcuff types and equipment.
– Inspection and maintenance requirements.
– Circumstances permitting use.
– Prohibited uses.
– Supervisor-notification requirements.
– Law-enforcement notification requirements.
– Medical-response procedures.
– Documentation requirements.

Carrying or using handcuffs does not make a security employee a law enforcement officer.

4. DE-ESCALATION AND ALTERNATIVES

Before using handcuffs, when reasonably safe and practical, personnel should attempt to:

– Identify themselves as security personnel.
– Give clear and lawful instructions.
– Use calm, professional verbal communication.
– Create distance and maintain a safe position.
– Request assistance from a supervisor or law enforcement.
– Move uninvolved persons away from the area.
– Use time, distance, and available barriers to reduce risk.

Personnel should not escalate a situation merely because an individual is rude, verbally confrontational, refuses a request that the employee has no lawful authority to enforce, or appears suspicious without additional facts supporting intervention.

5. CIRCUMSTANCES REQUIRING CONSIDERATION

Handcuffing may be considered only when the employee reasonably believes that restraint is necessary and lawful, such as when:

– The individual presents an immediate threat of physical harm.
– The individual is actively assaultive or attempting to assault another person.
– The individual is attempting to flee after a lawful detention or arrest.
– The individual is actively resisting a lawful detention or arrest.
– The individual presents a substantial and immediate risk of causing serious property damage or injury.
– Restraint is necessary to maintain safety until law enforcement arrives.

Handcuffing should not be based solely on race, ethnicity, age, sex, disability, homelessness, mental-health status, intoxication, or protected activity.

6. PROHIBITED OR HIGH-RISK USES

Security personnel shall not use handcuffs:

– As punishment, retaliation, intimidation, or humiliation.
– To compel compliance with an unlawful order.
– For convenience when no safety or lawful detention need exists.
– For longer than reasonably necessary.
– In a manner that restricts breathing or creates unnecessary medical risk.
– As a substitute for medical care or mental-health intervention.
– On a person who is already safely controlled unless continued restraint is reasonably necessary.
– In a manner inconsistent with training, employer policy, or applicable law.

Personnel should exercise particular caution with children, elderly persons, pregnant individuals, persons with disabilities, persons experiencing a medical or behavioral-health crisis, and persons who are intoxicated or under the influence of drugs.

7. SCENE SAFETY

Security personnel shall assess the scene before attempting to apply handcuffs.

Personnel should consider:

– Weapons.
– Additional involved persons.
– Traffic and environmental hazards.
– Medical emergencies.
– The individual’s size, strength, mobility, and behavior.
– Available assistance.
– The risk of positional asphyxia.
– Whether law enforcement or EMS should be requested immediately.

If the scene cannot be safely controlled, personnel should disengage when possible, move to a safe location, and request law-enforcement assistance.

8. APPLICATION

Security personnel shall apply handcuffs only after receiving appropriate training and authorization.

Personnel shall follow:

– Approved training.
– The manufacturer’s instructions.
– The organization’s use-of-force policy.
– Applicable Ohio laws and regulations.
– Supervisor and law-enforcement instructions, when applicable.

When handcuffs are applied, personnel should:

1. Use only the minimum force reasonably necessary.
2. Clearly communicate the reason for the restraint when practical.
3. Apply the handcuffs in accordance with training.
4. Avoid unnecessary pressure, twisting, or force.
5. Check that the handcuffs are not excessively tight.
6. Engage the double-locking mechanism when applicable.
7. Monitor the individual continuously.
8. Avoid placing the individual in a position that restricts breathing.
9. Request law enforcement promptly when a detention or arrest is involved.
10. Provide or request medical assistance when needed.

Personnel should not attempt techniques for which they have not been trained or authorized.

9. POSITIONING AND MONITORING

A handcuffed individual should be kept in a position that permits normal breathing and does not create unnecessary medical risk.

Personnel should avoid:

– Pressing on the individual’s chest, neck, or back.
– Leaving the individual face-down longer than reasonably necessary.
– Kneeling or placing body weight on the individual’s back or neck.
– Ignoring complaints of breathing difficulty, chest pain, injury, or medical distress.
– Leaving a restrained person unattended.
– Placing a restrained person in a position that increases the risk of positional asphyxia.

Personnel should continuously monitor the individual for:

– Difficulty breathing.
– Loss of consciousness.
– Vomiting.
– Seizure activity.
– Confusion or unusual behavior.
– Complaints of pain, numbness, or injury.
– Changes in skin color.
– Signs of drug use, intoxication, or medical distress.

If a medical emergency is suspected, personnel should immediately request EMS, provide appropriate assistance within their training, and notify law enforcement.

10. SEARCHES AND PROPERTY

Handcuffing does not automatically authorize a search of the individual or the individual’s property.

Security personnel should conduct searches only when permitted by law, employer policy, contractual authority, consent, or another recognized legal basis.

Any search should be conducted professionally, respectfully, and only to the extent reasonably necessary for safety or the lawful purpose of the detention.

Weapons or dangerous items should be handled in accordance with training and company policy. Personnel should preserve potential evidence and avoid unnecessary handling.

11. TRANSFER TO LAW ENFORCEMENT

When a person is detained or arrested, security personnel should promptly contact the appropriate law-enforcement agency unless a specific lawful and documented procedure provides otherwise.

Personnel should:

– Inform responding officers of the circumstances.
– Identify the reason for the detention or arrest.
– Report any force used.
– Report any injuries or medical concerns.
– Identify witnesses.
– Preserve relevant video, photographs, and physical evidence.
– Follow law-enforcement instructions regarding continued restraint.

Security personnel should not represent themselves as police officers or imply that they possess law-enforcement authority they do not have.

12. AFTER USE

After handcuffs are removed, personnel should assess whether the individual requires medical attention and document any complaint of injury, pain, breathing difficulty, or other distress.

Handcuffs should be inspected after each use for damage, contamination, or malfunction. Equipment that is damaged or contaminated should be removed from service and handled according to company procedures.

13. REPORTING

Every use of handcuffs should be documented in accordance with company procedures.

The report should include:

– Date and time.
– Location.
– Name or identifying information of the individual, when available.
– Reason for the detention or restraint.
– Facts supporting the employee’s decision.
– Warnings or instructions given.
– De-escalation efforts.
– Description of resistance or threat.
– Type and amount of force used.
– Time handcuffs were applied and removed.
– Positioning and monitoring conducted.
– Medical complaints or injuries.
– Time law enforcement or EMS was contacted.
– Names of responding officers or EMS personnel.
– Witness information.
– Available video, photographs, or other evidence.
– Names of involved security personnel.
– Any other relevant circumstances.

Reports should be factual, objective, timely, and free from speculation or unnecessary conclusions.

14. TRAINING

Personnel authorized to carry or use handcuffs should receive documented training appropriate to their duties.

Training should include:

– Ohio security personnel authority and limitations.
– De-escalation and communication.
– Use-of-force principles.
– Legal considerations for detention and arrest.
– Handcuffing techniques.
– Equipment inspection and maintenance.
– Positioning and positional-asphyxia risks.
– Medical monitoring.
– Response to injury, illness, intoxication, and behavioral-health crises.
– Search and property procedures.
– Law-enforcement notification.
– Documentation and report writing.
– Scenario-based exercises.
– Periodic refresher training.

Training should emphasize that handcuffing is a serious use of force and should be used only when reasonably necessary and lawful.

15. PRIVATE SECURITY STATUS

Ohio Revised Code § 4749.08 provides that a licensed or registered private security employee is not considered a law enforcement officer solely because of licensure or registration under Chapter 4749.

The use of handcuffs does not change that status.

Security personnel shall not represent themselves as police officers, peace officers, EMS personnel, nurses, physicians, or other licensed professionals unless separately authorized and credentialed to do so.

16. OPOTA TRAINING CONSIDERATION

Ohio Revised Code § 109.78 addresses approved training programs for security guards and persons privately employed in a police capacity.

Handcuffing and restraint training should be treated as supplemental security and use-of-force training unless the employee’s specific certification or training program provides otherwise.

PROFESSIONAL ACKNOWLEDGMENT

Prepared by:

Commander T. Reed, Monadnock Instructor

This material is intended for educational and professional training purposes. The inclusion of OPOTA identifies the author’s professional training background and does not indicate that the Ohio Peace Officer Training Academy, Ohio Peace Officer Training Commission, or State of Ohio has reviewed, approved, endorsed, or adopted this material.