Can Police Commandeer My Car to Help in a Chase?

Police can commandeer your car to help in a chase in some jurisdictions under statutory authority and common law. The term posse comitatus refers to law enforcement’s ability to compel service based on a duty to assist where there is an emergency necessity. Police may have sovereign immunity against officer indemnity when exigent circumstances or public safety require. Under the Fifth Amendment taking clause, the government must provide just compensation for the seizure of property or vehicle damage. You can file a tort claim to recover compensation for property damage and personal injury.

For legal advice about when the police can commandeer cars, talk to a local insurance law attorney.

State Posse Comitatus Laws

“Posse comitatus” is a Latin phrase meaning “force of the county.” It’s an historic common law doctrine that enables law enforcement to summon civilians to keep the peace when officers lack 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.

Some states make it a misdemeanor to refuse to help a properly identified law enforcement officer catch or arrest a suspect, recapture an escaped arrestee or prisoner, or prevent a crime. In other states, refusing to give up your civilian car for police commandeering is an infraction or a minor violation.

The U.S. Supreme Court has upheld federal law enforcement’s power to commandeer civilian vehicles. However, there are strict limitations on their power. In United States v. Russell, the court found the government can seize private property for public use when there is immediate, imminent, and impending public danger.

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Changing State Posse Comitatus

Commandeering vehicles and private property is generally an outdated idea. Most police departments and local governments have policies that prevent police from taking such action, except in an imminent emergency. Taking a civilian vehicle may not be faster than relying on police vehicles. It also raises liability issues if the police crash your car in high-speed pursuit.

Some states have taken steps to roll back these common law doctrines. In September 2019, Governor Gavin Newsom signed a state law repealing California Penal Code § 150. With that code’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 and they damage or destroy your property? Law enforcement agencies generally have immunity from being sued unless they act negligently. Many states are reluctant to allow citizens to claim compensation from police use of their property.

However, some jurisdictions have policies to compensate citizens for property damage and injury caused by law enforcement. In the unlikely situation that law enforcement takes your car for a police pursuit, contact an insurance coverage attorney who can help you get compensation.