Can Police Commandeer My Car to Help in a Chase?

One sunny California day, you’re driving with the top down, hair blowing in the wind, and suddenly, an officer is standing in front of your motor vehicle. Like a Hollywood movie, the cop is in hot pursuit of a fleeing suspect. “Get out of the car,” I’m commandeering this vehicle for a police chase!” Do you comply in this real-life situation—or, more pertinently, should you?

Under a California law from 1872, citizens were obligated to comply with law enforcement officers’ requests for help, which could include police commandeering of private vehicles. However, that law was repealed in 2019. California residents are now free to refuse a police officer’s request for help with an arrest.

California’s Posse Comitatus Act of 1872

“Posse comitatus” is a Latin phrase meaning “force of the country.” It’s a common law doctrine that enabled law enforcement to summon civilians to keep the peace when officers lacked the proper resources to enforce laws. Police officers would call upon ordinary citizens to apprehend fugitives or catch a fleeing suspect, including using citizens’ private property to further these efforts.

California’s 1872 version of the law made it a misdemeanor to refuse to help a properly identified law enforcement officer catch or arrest a suspect, re-capture an escaped arrestee or prisoner, or prevent a crime. Penalties included fines of up to $1,000.

Repeal of Posse Comitatus

In September 2019, Governor Gavin Newsom signed a state law repealing the Posse Comitatus Act of 1872. With the Act’s repeal, California citizens can refuse to help a law enforcement officer without facing charges or fines.

Are Police Departments Liable if They Damage My Property?

What if you comply with a police officer’s request (though not required), and your property is damaged or destroyed? Law enforcement agencies generally have immunity from being sued unless they act in a negligent way. If an officer takes your car and crashes it in a high-speed chase, like in the movies, you may have a claim.

In the unlikely situation that your property is damaged by a police officer, contact a reputable insurance coverage attorney who can ensure that you are compensated. For more information on this area, see our insurance coverage law overview.