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Thread: Can a cop really do this?

  1. #1
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    Can a cop really do this?

    I was reading another post and I had a pretty good question, and maybe some of you can answer…

    As we know of and we have all seen it on movies and TV shows; that a cop can “commandeer” your vehicle for “police duties”.

    Now, if we were to have a situation where mass outages, and or natural disaster…
    What would you do, if you are bug’n out, and a cop (and you can probably tell), want to commandeer your vehicle and stuff because you are prepared and he/she is not.
    Can you say “no”? Could you treat the cop like you would as a “robber/ looter”?

    Because I was be SO PISSED off, if a cop wants to take my things because I was prepared. Also, there are a number of cops out here pretending to be a current cop. I probably couldn’t tell the difference between a fake one and a real one.

  2. #2
    Regular Member rscottie's Avatar
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    To paraphrase what Wyatt Earp said to Behan in the movie Tombstone after the shootout at OK Corral, I think it would go about like this.

    As four gun barrels point at the "officer" that is attempting to take my vehicle, I would politely tell him, "I don't think I'm going to let you take my vehicle today officer."

    Disclaimer: The above is for full blown SHTF, Zombie Apocalypse, End of the World situations. I am by no means advocating pointing guns at cops that are acting lawfully.
    Last edited by rscottie; 01-28-2012 at 10:09 AM. Reason: For clarity, added disclaimer

  3. #3
    Regular Member Fallschirmjäger's Avatar
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    Depending on the jurisdiction and circumstances, the fire deparmtent can commandeer private propterty as well.
    Last edited by Fallschirmjäger; 01-28-2012 at 12:08 AM.

  4. #4
    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by Firedawg314 View Post
    ...As we know of and we have all seen it on movies and TV shows; that a cop can “commandeer” your vehicle for “police duties”...
    In the movies, I seem to remember that the only way they are allowed to ask for your vehicle is if they are standing in front of it, with their sidearm pointed at you, too.

    I don't think that is going to go over too well...
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

  5. #5
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    Quote Originally Posted by MAC702 View Post
    In the movies, I seem to remember that the only way they are allowed to ask for your vehicle is if they are standing in front of it, with their sidearm pointed at you, too.

    I don't think that is going to go over too well...
    Yeah... that won't be a pretty day for me. I just pray, they'll never do something like that.

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    Stepping in front of a two ton, self-propelled, 6' wide bludgeon and then threatening the wielder's life? They'd better hope their uniform doesn't take much longer to register than their weapon, or the wrong pedal might get stepped on.

  7. #7
    Regular Member gunns's Avatar
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    If it didn't interfere with my life and it wasn't a life threatening situation for my family (not SHTF), I would let him have my vehicle. I am very polite to law enforcement and have had nothing but a good track record with them and I would support them in just about any situation.

    If it was a real SHTF situation, I wouldn't hesitate to use force as an answer. At the SHTF point, everyone is suspect and no one is getting me or mine. If you tried to convince him with some wise words while pointing weapons, you are just as likely going to die as he is. Let God sort it out after. I would also bet that if he or she wanted your vehicle, it isn't for business but for him or her getting to their own family.

  8. #8
    Regular Member ncwabbit's Avatar
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    truly didn't hear of any law enforcement try commodeering vehicles during New Orleans catastrophe pre se, just flat out violation of citizen's civil rights so even if the zombies are coming over the hill i do not think LE will be interested in your vehicle(s).

    wabbit

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    Humm

    If a cop wanted to take my piece of crap I would assume he is drunk. One of our officer got his patrol car stolen by an arrested individual. We had the discussion could he have chased his own car with the suspects car. We looked it up and yes. We still give him crap about that and that was nine years ago.

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    If I was a part of that department, I too would give the other officer crap out of good fun. Just picturing it brings a slight chuckle to me.
    Nothing better than a Glock.........except maybe another Glock!

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    Campaign Veteran deepdiver's Avatar
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    Quote Originally Posted by stargateranch View Post
    If a cop wanted to take my piece of crap I would assume he is drunk. One of our officer got his patrol car stolen by an arrested individual. We had the discussion could he have chased his own car with the suspects car. We looked it up and yes. We still give him crap about that and that was nine years ago.
    LOL ... nice! Now that is a great story!

  12. #12
    Regular Member GreatDaneMan's Avatar
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    Good luck is all I have to say.
    Mud Blood and Oil with a great dane along for the ride!

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    Regular Member Super Saiyan's Avatar
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    My four wheels are a lot faster than his two feet...see ya.

  14. #14
    Regular Member sawah's Avatar
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    Quote Originally Posted by Super Saiyan View Post
    My four wheels are a lot faster than his two feet...see ya.
    Hey, that's a good way to get SHOT...failing to follow the orders under color of law, of a police officer who is trying to, oh, IDK, apprehend a sassy Church lady, whose mouth is ARMED & DANGEROUS. (At least in Culpeper).

    /sarcastic rant
    A firearm is a tool of convenience, not effectiveness - Clint Smith, Thunder Ranch

  15. #15
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    "Can a cop really do this?"

    Cops can and do pretty do whatever the hell they want. They are just a gang.

  16. #16
    Regular Member OC for ME's Avatar
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    I'd say..."Sure, get in, I'll drive and you shoot."
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

  17. #17
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    I'm sorry, but nobody drives my car but me. I worked too damn hard taking care of and paying her off for somebody else to enjoy her. He can ride shotgun if he likes.

  18. #18
    Regular Member Beretta92FSLady's Avatar
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    If it was zombie apocalypse time, well: I want to see an officer (any person for that matter) take my 1978 GMC Suburban when I have the gas to the floor, and six people in the truck who know how to sight and hit a target.
    Last edited by Beretta92FSLady; 04-27-2012 at 11:40 AM.
    I don't mind watching the OC-Community (tea party 2.0's, who have hijacked the OC-Community) cannibalize itself. I do mind watching OC dragged through the gutter. OC is an exercise of A Right. I choose to not OC; I choose to not own firearms. I choose to leave the OC-Community to it's own self-inflicted injuries, and eventual implosion. Carry on...

  19. #19
    Regular Member TechnoWeenie's Avatar
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    Quote Originally Posted by Fallschirmjäger View Post
    Depending on the jurisdiction and circumstances, the fire department can commandeer private property as well.

    I concur.

    Although we try to ask first.

    I ran mutual aid to a call in a rural area with no supply (hydrant), tanker was minutes out.... 1000 gallon reserve tank on the engine was gone in a heartbeat..... The house was fully involved...... Neighbor had a pool, knocked on the door, no one answered....

    We kicked down the gate, dropped a supply line into the pool, and prevented dwelling extension until tanker showed up, where we quickly extinguished the blaze.


    The county DID pay for all the damages to the gate, refilled the pool, and even sodded the grass.... The guy was NOT happy, as I understood it, he was on vacation at the time.

    His siding was melted (vinyl), and part of his roof was singed....... We explained to him that had we NOT dropped a line in his pool, and waited the few minutes for the tanker to arrive, his house would've been consumed as well... After that, he seemed to calm down a bit.....

    I never dealt with the legal aspect, I was just a hose dragger. I let officers handle that crap.
    Evangelical lessons are provided upon request. Anyone wishing to meet Jesus can just kick in my door.

  20. #20
    Regular Member Freedom1Man's Avatar
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    Quote Originally Posted by TechnoWeenie View Post
    I concur.

    Although we try to ask first.

    I ran mutual aid to a call in a rural area with no supply (hydrant), tanker was minutes out.... 1000 gallon reserve tank on the engine was gone in a heartbeat..... The house was fully involved...... Neighbor had a pool, knocked on the door, no one answered....

    We kicked down the gate, dropped a supply line into the pool, and prevented dwelling extension until tanker showed up, where we quickly extinguished the blaze.


    The county DID pay for all the damages to the gate, refilled the pool, and even sodded the grass.... The guy was NOT happy, as I understood it, he was on vacation at the time.

    His siding was melted (vinyl), and part of his roof was singed....... We explained to him that had we NOT dropped a line in his pool, and waited the few minutes for the tanker to arrive, his house would've been consumed as well... After that, he seemed to calm down a bit.....

    I never dealt with the legal aspect, I was just a hose dragger. I let officers handle that crap.
    If I was the pool owner I would have been perfectly happy after they fixed the gate. I figure that the cost of re-filling the pool was lower than the cost of being rude and I would hope that the neighbor would do the same thing if the situation was reversed.

    Now if I was home and was asked at the barrel of gun. I would not have agreed.

    Like a firefighter I know told me, "the cops don't understand why it is that when a fireman kicks down a door and floods a house that the citizens thank them, but when a cop knocks on the wrong door even citizens get pissed off." The fireman told him, "it's simple, people ask us firemen to come out people don't want you in the area that and we don't have the egos that cops do." He told me that part of his job was simply to show up an defuse situations that the cops had stirred up through their rude interaction with people.
    Last edited by Freedom1Man; 05-19-2012 at 02:04 PM. Reason: spell correct.
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

  21. #21
    Regular Member MyWifeSaidYes's Avatar
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    Why don't policemen get along with firemen?

    Because firemen have longer hoses.

    http://www.policemanvsfireman.com/
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    What does a caring, sensitive person feel when they are forced to use a handgun to stop a threat?

    Recoil.

  22. #22
    Regular Member Jack House's Avatar
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    In a true SHTF situation? Hell no. He ain't gettin my car. Any other time? I dunno.

    Sent from my SPH-D700 using Tapatalk 2

  23. #23
    Regular Member Freedom1Man's Avatar
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    Quote Originally Posted by Jack House View Post
    In a true SHTF situation? Hell no. He ain't gettin my car. Any other time? I dunno.

    Sent from my SPH-D700 using Tapatalk 2
    Another time? Hell no. Not without some big pay out in the end.

    The guy going 100 MPH on the freeway is less of a danger than idiots who can't signal before lane changes, leave signals on for miles and miles, those who are too small to see over the dash of their cars, etc.

    If they are chasing a stolen car then they need to find those who have stolen all the other cars. The cops cause more damage in their pursuit of a stolen car then the guy/gal who stole the car will ever do on average.

    If they asked me to help them engage in a chase with the guaranty of immunity and cash for doing it then I might do it.
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

  24. #24
    Regular Member sharkey's Avatar
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    This is the closest I could find in AZ law. Yeah, it's a stretch maybe. It's not just for cops though.

    http://www.azleg.gov/FormatDocument....13&DocType=ARS

    13-417. Necessity defense

    A. Conduct that would otherwise constitute an offense is justified if a reasonable person was compelled to engage in the proscribed conduct and the person had no reasonable alternative to avoid imminent public or private injury greater than the injury that might reasonably result from the person's own conduct.

    B. An accused person may not assert the defense under subsection A if the person intentionally, knowingly or recklessly placed himself in the situation in which it was probable that the person would have to engage in the proscribed conduct.

    C. An accused person may not assert the defense under subsection A for offenses involving homicide or serious physical injury.
    and
    http://www.azleg.gov/FormatDocument....13&DocType=ARS

    13-402. Justification; execution of public duty

    A. Unless inconsistent with the other sections of this chapter defining justifiable use of physical force or deadly physical force or with some other superseding provision of law, conduct which would otherwise constitute an offense is justifiable when it is required or authorized by law.

    B. The justification afforded by subsection A also applies if:

    1. A reasonable person would believe such conduct is required or authorized by the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; or

    2. A reasonable person would believe such conduct is required or authorized to assist a peace officer in the performance of such officer's duties, notwithstanding that the officer exceeded the officer's legal authority.
    Also, the police here can draft you if I read this right.

    http://www.azleg.gov/FormatDocument....13&DocType=ARS

    13-3802. Right to command aid for execution of process; punishment for resisting process

    A. When a sheriff or other public officer authorized to execute process finds, or has reason to believe that resistance will be made to execution of the process, such officer may command as many inhabitants of the county as the officer deems proper to assist in overcoming such resistance.

    B. The officer shall certify to the court from which the process issued the names of those persons resisting, and they may be proceeded against for contempt of court.

  25. #25
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    Came offthe freeway years ago to a snow drift across the road. I was first in line a County Sheriff deputy was second and a 4x4 with a snowplow was third. The deputy ordered the 4x4 to move the drift and open the road. The driver was reluctant until the deputy quoted him statue and verse. The 4x4 open the road. The deputy put it this way, you do it or I will and if I break something it will be at least next month before the county pays for it.

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