Posse Comitatus: What You Should Know About Assisting Law Enforcement

Naturally, it’s against the law for civilians to interfere with police business. Interfering would be a misdemeanor or felony in most states. But what if the police request your assistance in apprehending a suspect? Are you legally required to help the police?

This question was inspired by a viral video of some police officers chasing a suspect and requesting a civilian to assist in capturing the suspect. The video shows a young woman skillfully evading law enforcement on foot while one of the officers repeatedly yells, “Grab Her” to the man recording.

While many found the video funny, others wondered whether the man could face legal trouble for failing to aid the police.

Attorney Ugo Lord Gives His Expert Opinion 

Fortunately, Tiktok attorney Ugo Lord educates his 6.7 million followers on social media about when an officer asks for help. He explains, “…many states do have laws on the books that require you to assist a police officer I’d they ask you, so long as that request…does not put you in danger”.

However, since Dr. Lord is licensed in California, he explains that the California government signed a law into the books, removing the requirement to aid police officers. Therefore, supposing this situation happened in California, Dr. Lord says, “….this man would be not guilty…”.

Understanding Posse comitatus, Assisting Officers

Dr. Ugo Lord explains that while the man in the viral video is free of legal repercussions, it’s not the same in other states. In other words, depending on your location, you must assist the police in catching a criminal if asked or face legal trouble.

This concept is Posse comitatus, which allows a law enforcement officer to call upon the help of citizens in certain situations. It has a long history in English and American law and still exists in some states today. 

However, it’s worth noting that the Posse comitatus is not very common or relevant in today’s law enforcement, and people rarely use it. Most states have professional police forces and other resources to deal with domestic issues without involving citizens. 

Nevertheless, the Posse comitatus is still legally valid in some states, such as Georgia, that have not repealed it by statute. This means that a law enforcement officer can still summon any citizen to help execute a warrant or arrest a felon if necessary. 

Penalty for Refusing a Posse Comitatus

The penalty for refusing a Posse comitatus depends on the state law where the incident occurs. Some states, such as Louisiana, have statutes that impose a fine of up to $25 for refusing to assist a law enforcement officer who summons a posse comitatus. 

Other states, such as California, do not have any specific penalty for refusing a posse comitatus since the government already removed such requirements from the books. 

However, irrespective of the state, you can refuse a posse comitatus if the request endangers you or others. For example, if the law enforcement officer asks you to enter a building on fire or with explosives, you can refuse to do so without violating the law.

Conclusion

So, should you assist law enforcement in catching a suspect? The answer is not simple, as it depends on the state law where the incident occurs and the nature of the request. 

Some states, such as California, already abolished the Posse comitatus law, meaning citizens can refuse to help the police. Other states, such as Georgia, still have the Posse comitatus law, meaning citizens can face charges for declining to assist the police in certain situations. 

However, regardless of the state law, citizens have the right to refuse a Posse comitatus if the request puts them or others in danger. This is a reasonable and lawful exception that protects the safety and rights of citizens.