Arrest of Children Under Eleven
We have recently had complaints from parents about children as young as eight to ten years old being placed in handcuffs. The Kennedy Law Firm believes that placing handcuffs on children, in most situations, is excessive force.
That our children are protected from certain law enforcement actions should not surprise us. This protection is a surprise to many law enforcement officers, however. When a juvenile commits an act that would be a crime if an adult had committed the same act, the law treats the juvenile differently, especially when the child is younger than eleven years old.
In New Mexico, police may not hold a child under eleven in detention. New Mexico Statues Annotated, Section 32A-2-10(C)("A child under the age of eleven shall not be held in detention"). So, if a police officer or school official restrains a child eleven or younger in handcuffs, the officer is violating the law. Restraining children can cause long lasting psychological harm. There is usually no reason to restrain children under eleven years old, as they typically weigh 60 pounds or less.
