Question for LEOs

[CavTrooper]

Are LEOs allowed to gag a person upon arrest?

It doesn't seem to me it should be legal, but y'all are the professionals, so I'm asking you.

[bluenoise]

"You have the right to remain silent. Here, let me help you with that."

What happened to spawn this question?

[Quiet]

Are LEOs allowed to gag a person upon arrest?

It doesn't seem to me it should be legal, but y'all are the professionals, so I'm asking you.

Depends on department policy.

Generally... If the suspect is in custody and is biting or spitting, then you can employ a spit hood/mask/sock.

[NuGunner]

Nope. 1st amendment right to be an a55hole. Keeping in mind, I can't stop it, but not all speech is protected. Meaning it can constitute a crime, depending on the words you're using. I.e 415(1) PC - Challenging someone to a fight in a public place, 415(3) PC - Words inherently like to cause a violent reaction, or 422 PC - Criminal threats. This includes challenging a Peace Officer, case law supports it.

Plus if someone talks crap, oh well. Other ways of dealing with that individual. I let them keep talking to an extent, everything gets recorded and they pretty much hang themselves in court when the DDA plays the video.

[cranemech]

Depends on department policy.

Generally... If the suspect is in custody and is biting or spitting, then you can employ a spit hood/mask/sock.

Sometimes you have to improvise I guess. LOL
The Officer in this video showed more restraint than I would have.
He had the right to remain silent, seems like he should have exercised it.

[omgwtfbbq]

In most cases it's generally prohibited to do anything to a arrestee/detainee that would obstruct his/her ability to breathe, such as a "gag".

However, things like breathable split/biting masks or boxing sparring helmets are sometimes used to prevent the arrestee/detainee from injuring themselves or others.

[stormvet]

Gag no, spit mask yes. I have used a spit mask on many occasions. Often it will have the same affect as putting a towel over the eyes of a gator or other beast, will calm the perp down. No one wants to be spit on or bit, could be a death sentence with the high number of people running around with Hep C and or HIV among other things.

[CBR_rider]

Yes, we can use spit masks and similar devices when necessary.

[Anti-Hero]

Restraint chair and a quiet room.

[Grumpyoldretiredcop]

In the field, spit mask and a recorder. Once in booking, restraint chair and a quiet room.

[IlDuche]

With my leftover donuts and polished jackboots yes. But then we have to give them a form and a compliment card after.

[vgourdik]

ok....so what did you do....

[SonofWWIIDI]

Sometimes you have to improvise I guess. LOL
The Officer in this video showed more restraint than I would have.
He had the right to remain silent, seems like he should have exercised it.

That's aweskme right there. A-hole is lucky he didn't get pulverized for spitting on the LEO.

I might have mentioned something about him allegedly being an ear, or maybe having short eyes, to the other prisoners in lockup.

[ldsnet]

Why would you want to gag a suspect? Spit hood sure. Let him talk (let him yell!), you would be amazed how often they self incriminate in the crime.

[StraightShot04]

Hog tie.....I mean......maximum restraints, spit mask and once at the jail...prostraint chair, quiet room.