Can Police Commandeer Your Car?

You might have seen a few Hollywood movies where the cop protagonist shows their badge and commands a civilian to give them their vehicle as the police chase after a suspect. This might seem like a plausible thing that law enforcement agents can do, but is getting a civilian’s vehicle within the police’s jurisdiction? Can the police legally commandeer your vehicle? What if your vehicle gets damaged? We’ll answer these questions in this article.

Is It Legal for Police to Commandeer Civilian Vehicles?

If you find an officer standing in front of your vehicle telling you to give them your vehicle, should you comply? Can the police even commandeer your car?

Yes, they can. Citizens are obligated to comply with a law enforcer’s command, as long as they properly identify themselves. Now you may be wondering, is it within the law? Can police legally borrow your car?

The US has an old law called posse comitatus, which states that the police can call upon citizens and use their property for help in apprehending escaping fugitives or catching a potentially dangerous suspect. In these rare situations, they have the right to request your vehicle.

Outside specific circumstances and guidelines, this act could be considered theft. The Supreme Court has ruled about guidelines on when police can do this. The ruling states that private property can only be seized or appropriated “in cases of extreme necessity in time of war or of immediate and impending public danger.”

The ruling also states certain circumstances where a law agent can use this extreme power. There must be an immediate and substantial danger to people, a community, or the officer.

What if you don’t comply? You might have to pay a $50 to $1,000 fine.

What Happens if the Commandeered Vehicle Is Damaged?

What happens if the police commandeer your vehicle and it gets damaged or destroyed? Generally, police departments shy away from using a civilian’s vehicle for a car pursuit because they can be held liable for damages. However, police departments actually have immunity from being sued unless they act in a negligent way. That said, if an officer takes your car and ends up totaling it, then it might still be a case of gross negligence. After all, commandeering a civilian vehicle without any sirens or markings to chase after a fleeing suspect might not be a good idea to begin with.

Luckily, the police hardly commandeer civilian vehicles. Despite being on the law’s side, most police officers prefer not to commandeer vehicles not just because of potential liability issues, but because they’ll be involving innocent bystanders.

Moreover, most police departments are well-equipped when it comes to chasing down suspects. Many state troopers are equipped with modern high-performance SUVs or sedans, like the Dodge Charger or Ford Police Interceptor Utility. When a call goes out, it isn’t uncommon for a single suspect in a vehicle to be chased by multiple police officers in their respective cruisers.

Overall, it’s well within a police officer’s jurisdiction for them to use your vehicle, as long as there’s ample justification for it. If an officer does ask for your vehicle, remember that most police officers don’t want to involve bystanders or have liability. So, they might have good reason to commandeer a civilian vehicle.