Is a defendant subject to physical restraint only upon a finding of manifest need?

California, United States of America


The following excerpt is from People v. Anderson, C058629 (Cal. App. 11/16/2009), C058629. (Cal. App. 2009):

A defendant is subject to physical restraint only upon a finding of manifest need based on affirmative facts. (People v. Vance (2006) 141 Cal.App.4th 1104, 1112.) Defendant argues that there was neither any express finding, nor were there facts that would have supported even an implied finding.

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