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"Stop! Police, we need your vehicle" Is this possible?

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  • "Stop! Police, we need your vehicle" Is this possible?

    Like it happens in the movies can a police officers approach someone and take their vehicle for "offical business"? I was watching a cop movie and they said "police stop this vehicle we need this for police business". and they took the guys car.

    Can that be done in real life, or is it just a hollywood thing..?

  • #2
    Can this be done? Possibly. Would it be done? Probably not. There are laws against "Failure to obey a lawful order." such as asking to use a civilians car, but the circumstances would have to be unbelievable for this to happen.
    Last edited by DaveinUtah; 06-13-2005, 11:42 AM.
    If you ever have sprained ankle, give me a call.

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    • #3
      Yes, it's theoretically possible, but I can't think of any scenario in which an officer would actually do it.

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      • #4
        I know of no law in California that allows an officer to use or confiscate a vehicle belonging to a private person for their use, no matter what the situation is.
        Retired

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        • #5
          Originally posted by retired
          I know of no law in California that allows an officer to use or confiscate a vehicle belonging to a private person for their use, no matter what the situation is.
          It's covered federally under Posse Comitatus, 18 USC 1385. The whole helping the good guys thing.

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          • #6
            Originally posted by jakflak
            Yes, it's theoretically possible, but I can't think of any scenario in which an officer would actually do it.
            Can't really speak about the US Laws, but I guess it's more theoretically possible and easy if your nickname is Mel Gibson!
            Operator! Give me the number for 911!
            Homer Simpson

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            • #7
              Pfft, Mel Gibson would get my car over my dead body
              Still leading the team in PIMs, the fans are calling me a goon.
              --------------------
              This is Papa Bear. Put out an APB for a male suspect, driving a... car of some sort, heading in the direction of, uh, you know, that place that sells chili. Suspect is hatless. Repeat, hatless.

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              • #8
                Whoever, except in cases and under circumstances expressly
                authorized by the Constitution or Act of Congress, willfully uses
                any part of the Army or the Air Force as a posse comitatus or
                otherwise to execute the laws shall be fined under this title or
                imprisoned not more than two years, or both.


                How does this apply to commandeering a vehicle??? Posse Comitatus specifies that military cannot be used on civilians except when the President declares martial law.
                RIP Brett Thompson, 17, 09/12/1989-09/14/2006

                Seatbelts save lives

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                • #9
                  I believe the State, under the 10th Amendment, may exercise its police power through the necessary "taking" of private property, under justified emergency situations. I believe it falls within its power of eminent domain, pursuant to which the government may, under certain circumstances, even take your land and your home for its assessed value, whether or not you wish to sell.
                  No longer ignoring anybody here, since that psycho known as "Josey Wales" finally got the boot after being outed as a LE imposter by B&G978. Nice job.

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                  • #10
                    Police "carjacking"

                    We aren't taking someones vehicle, or any other property, without court authorization or an arrest. The liability of using someones car for a law enforcement purpose is so great, I doubt that anyone would even try it.
                    Jerry
                    "If all else fails, stop using all else!"

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                    • #11
                      I don't enjoy getting into pursuits when I'm driving a brand-new CVPI with all the necessary emergency equipment, I'm sure as hell not going to initiate a pursuit while I'm driving someone else's piece of **** 1987 Camry.
                      Talk sense to a fool, and he will call you foolish - Euripides

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                      • #12
                        Originally posted by Cyrix142
                        Like it happens in the movies can a police officers approach someone and take their vehicle for "offical business"? I was watching a cop movie and they said "police stop this vehicle we need this for police business". and they took the guys car.

                        Can that be done in real life, or is it just a hollywood thing..?
                        This is called Carjacking! Unless you are going to die and you must get in that car.......it is called a felony. If anyone says anything different on here...either they are not a cop.....or they don't have a clue what the law says in their state.

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                        • #13
                          Originally posted by mdcop4life
                          This is called Carjacking! Unless you are going to die and you must get in that car.......it is called a felony. If anyone says anything different on here...either they are not a cop.....or they don't have a clue what the law says in their state.
                          This IS NOT called carjacking. Makes me wonder if mdcop4life IS a cop

                          I've highlighted the more pertinent parts of the article.

                          http://slate.msn.com/id/2118242/

                          Can the Police Commandeer Your Car?
                          What else could they ask you to do?
                          By Daniel Engber
                          Posted Friday, May 6, 2005, at 3:50 PM PT



                          A pilot from central Kansas almost died last Friday after being asked by the local sheriff to help out with a manhunt. He had just located the suspect from his Cessna 150 airplane when a gunshot fired from below hit him in the forehead. The pilot (who somehow managed to avoid serious injury) has told police, "You need me again, you call me." Could he have refused to help the cops or to let them use his vehicle?

                          It depends on the local laws, but in many places the answer would be no. Many states and cities have laws on the books that make it a misdemeanor offense to refuse aid to a police officer. And legal precedents suggest that the obligation to help out with an arrest extends to giving cops the use of your plane, your car, or anything else that might come in handy.
                          Policemen used to commandeer cars more often. As recently as 40 years ago, New York City cops on foot would routinely flag down taxis when they needed to bring arrested criminals back to the station house.


                          In the 1920s, a New York cop hopped on the running board of a yellow taxi and demanded that its driver chase another car. The cabbie took off, but another car cut in front of him, and he was killed in the crash. A legal battle ensued over the extent of the obligation to aid a police officer and over the question of whether the cabbie's widow deserved payment under workers'-compensation law.

                          The New York state court referred to English common law in its discussion of the case. At least as far back as the 13th century, the "hue and cry" system compelled private citizens to join in the pursuit of a criminal, and the Statute of Winchester from 1285 even requires that every man keep appropriate instruments on hand, in case he's called to action. Among the tools listed are "a Breastplate of Iron, a Sword, a Knife, and a Horse."

                          The court ruled that the taxi was analogous to the horse mentioned in the Statute of Winchester: "The horse has yielded to the motorcar as an instrument of pursuit and flight.
                          If you ever have sprained ankle, give me a call.

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                          • #14
                            Carjacking

                            If you believe the media did a thorough job of researching that article, then you have never intentionally placed a citizen in jeopardy. Rendering aid in extreme circumstances does not allow the police the authority to "commandeer" a vehicle for law enforcement purposes. A life or death scenario would probably be excused by both the courts and the agency. But taking someones car to catch a bad guy does not apply. And don't even think of telling the driver to get into a pursuit. That "reckless disregard for human life" will getyou fired at least, sued at best or, incarcerated at the worst.
                            Jerry
                            "If all else fails, stop using all else!"

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                            • #15
                              Originally posted by usafcop64528
                              Whoever, except in cases and under circumstances expressly
                              authorized by the Constitution or Act of Congress, willfully uses
                              any part of the Army or the Air Force as a posse comitatus or
                              otherwise to execute the laws shall be fined under this title or
                              imprisoned not more than two years, or both.


                              How does this apply to commandeering a vehicle??? Posse Comitatus specifies that military cannot be used on civilians except when the President declares martial law.
                              That only applies to the military, not the police. It says you can't use the military under posse comitatus.

                              Comment

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