You see this in the movies alot. Cop in a hot pursuit says "Hey I'm commandeering this vehicle!" then just takes the person's car, or motorcycle or whatever. Can a policeman, FBI agent, or anyone employed by the government actually do this? And if so, how would one get their vehicle back? Or if the officer destroys said vehicle, can you get compensation for it?
2007-03-24 17:29:43 · 5 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Perhaps the article below will give you some insight into your question.
Given that many states only have fines for people who refuse to give up their vehicle (or aircraft) your safe to refuse and drive away. The officer probably will not be writing down your license plate to give you a citation.
I know traffic doesn't even budge for officers running code 3 (lights and siren) and no citations are issued, for the most part. So why would they cite this?
If the cop did cite you I am sure you have enough laws on your side to win any court proceedings if you fought the citation or charge. Just reading the article I see at least three court proceedings that would protect you.
Also, if your city and/or state had pursuit laws which most places have now why would he even need to take your vehicle?
2007-03-24 18:11:18 · answer #1 · answered by cbrown122 5 · 1⤊ 0⤋
Absolutely not in that sense. You have constitutional protection from unlawful search and seizure. If that happens get the officer's name and go to the police department and sue the city for compensation.
Remember the movie "National Security?" Steve Zahn and Martin Lawrence tried to commandeer, but instead were taken on a ride by a nice lady who would not violate the speed limit and made them say, "Thank you, ma'am." At the end of the ride.
Law enforcement can take the car if you are not paying taxes, committed a crime, or there is a lien on your car. So also can the repo man if you used your car as collateral for a debt.
2007-03-24 17:41:45 · answer #2 · answered by Anonymous · 1⤊ 2⤋
You be surprise what they can just "take" if they declare an emergency situation. I's say if your vehicle is destroyed, you will have one heck of a time trying to get compensation.
2007-03-24 23:44:57 · answer #3 · answered by WC 7 · 0⤊ 1⤋
Can they, well maybe they got a gun and could do what they wanted if they did, but they never would, to much liability, and violation of your civil rights for taking your car without proper court order. And it would be against department policy and several state laws.
2007-03-25 04:24:11 · answer #4 · answered by Anonymous · 0⤊ 1⤋
They can't do it if you don't allow them.
2007-03-24 17:34:16 · answer #5 · answered by einzelgaenger08 3 · 2⤊ 2⤋