Can a COP or other LAW ENFORCEMENT person actually take your car if they need it in a PURSUIT...?

Question

...like you see in movies sometimes where the bad guy is getting away and a Cop shows his badge and jumps into a civilians car and takes off in pursuit.

So is that actually a real law that can be used under extrodinary circumstances or just total Hollywood fantasy?

Thanks.

Answer 1

Snopes.com deals with hoaxbusting, but they say "maybe" on this issue. Here's the link:
http://www.snopes.com/autos/law/posse.asp

Answer 2

A police officer -- or any regular citizen might not be breaking the law if they are justified in doing so by necessity. Necessity is an affirmative defense to a crime which means you have to prove your act was necessary to a point it excuses what would normally be a criminal act.

For instance, if you were seriously injured and perhaps in an isolated area, you might not be guilty of car theft if you took someone's car and drove to a hospital for emergency treatment and later reported your actions to the police and returned the car. Had you not acted, you would have died -- or someone else might have died. Stuff like that could be necessity.

A criminal defense to a crime is a different thing from a defense to being sued for damages by someone you injured or caused damages to as a result of necessary acts.

The police dramas are largely fictionalized, but if the emergency was severe enough, I don't think it's a crime. Crimes for the most part require a mental state or specific intent to commit a crime. Look at the wording of the vehicle theft law in your state and I'll bet there are weasel words in there to allow for a necessity defense.

Look up "necessity" on just about any legal site for more specifics, but I think my answer is in the ballpark for the question you are asking.

Answer 3

Its all Hollywood, in theory.... there are no laws on the books that specify that a police officer can "commander" your car.

But, that said........ believe me, if some criminal just did something that warranted me to do so, I would have not problem or suffer and consequence in me taking your car to pursue them.

Say a guy just shot someone and it resulted in a police pursuit and my cruiser became disabled, I would in a heartbeat take your car to chase them. And damage I did to it would be covered by the city. And I would be authorized in using any force, up to but not including deadly force, to get your car.

In times of crisis, we can pretty much do what we want, less violating the constitution, to apprehend a criminal.

And the constitution does not grant you the right to have your car.

Answer 4

I would check with each departments policy before I test those waters... My department has 300 sworn officers, 7 square miles with 100,000+ residents. We have a very strict pursuit policy in marked cruisers as it is, almost all of our chases get called off by sgts to begin with.

Answer 5

Many states have a posse comitatus law that requires citizens to assist the police if asked by the police. This COULD include commandeering a vehicle.

The reality is that the police officer commandeering a vehicle would NOT have several tools at his/her command like LIGHTS, SIREN, and POLICE RADIO so it would be way less than ideal.

Answer 6

I would willing hand over my vehicle or the shirt off my back or any ariticle of clothing (just kidding..ha ha ha..)to an officer in need...i'm sure if it's serious enough for them to need my vehicle thats the least i can do.

Answer 7

Good Question Dont Know Answer But Good Question

Answer 8

I would have to be chasing Osama Bin Laden to not get sued, fired, and charged for theft of a motor vehicle.

Answer 9

completly not allowed. also note how dumb that cop is that posted a few people before me saying he doesnt now teh rules but would do it anyway. SIR YOU ARE THE REASON POEPLE HATE COPS IN THIS COUNTRY. YOU SHOULD HAND IN UR BADGE WITH AN ATTITUDE LIKE THAT.

Answer 10

Awesome question. Don't know the answer, but I sure would like to.