Police Officer Preparation & Law Enforcement Resource - Archive

If you are chasing or fighting with a person and you (and maybe you partner) are the only officer(s) around would you think it would be acceptable for a civilian to assist?

I understand if there are multiple officers around then its best to stay out and let you guys do your job and that it is a major risk(in both health and law) for anyone to do anything
with a criminal.

I also want to say that I mean use just enough force so that the cop can get there or put restrain the person, not knocking the person out or beating them to a pulp.

I would want you to step in to help me if you believed I was losing the fight. You're absolutely correct in that if there are multiple officers, then stay away, but if I'm fighting someone and you see it's not going my way, I would definitely appreciate your assistance to help me detain the suspect. In fact, in Florida, if I see you and ask for your help (or tell you to help me) and you don't, that's an arrestable crime (if I remember correctly).

(or tell you to help me)

posse comitatus?

posse comitatus?

No.

posse comitatus?

Not sure where you're going with that question, as, in my understanding, that act refers to using U.S. Military to perform law enforcement functions (or rather the keeping of that from happening). But Florida statute states:


843.06 Neglect or refusal to aid peace officers. — Whoever, being required in the name of the state by any officer of the Florida Highway Patrol, police officer, beverage enforcement agent, or watchman, neglects or refuses to assist him or her in the execution of his or her office in a criminal case, or in the preservation of the peace, or the apprehending or securing of any person for a breach of the peace, or in case of the rescue or escape of a person arrested upon civil process, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

** Edit ** Just found the definition of common law posse comitatus -


Posse comitatus is the common-law or statute law authority of a county sheriff or other law officer to conscript any able-bodied males to assist him in keeping the peace or to pursue and arrest a felon, similar to the concept of the "hue and cry". Originally found in English common law, it is generally obsolete; however, it survives in the United States, where it is the law enforcement equivalent of summoning the militia for military.

So yeah, I guess it's kinda like that, only not just left to common law in Florida, but codified and legislated.

In California Penal Code 150 is Posse Comitatus...what you were describing. Perhaps Floridia uses a different name. I've never heard it charged though.

Anyway, op if I need help and you were willing I'd thank you. Just use good judgement and follow directions.

I've never heard it charged though.


Me either, but it doesn't mean it hasn't been before!! :biggrin5:

Me either, but it doesn't mean it hasn't been before!! :biggrin5:

I have heard of a couple guys arrested for lynching. But that's another thread, I suppose.

I've never had (nor had the need) for someone to actually get involved in any of my fights up till now, but I did have a guy who, when he saw a suspect getting hinky with me, said in a loud voice while patting his legally carried pistol "Officer, if he gets too out of hand, just let go and step back, and I'll shoot him square in the head". Guess who calmed down and went in handcuffs peacefully after that.

I would want you to step in to help me if you believed I was losing the fight. You're absolutely correct in that if there are multiple officers, then stay away, but if I'm fighting someone and you see it's not going my way, I would definitely appreciate your assistance to help me detain the suspect. In fact, in Florida, if I see you and ask for your help (or tell you to help me) and you don't, that's an arrestable crime (if I remember correctly).

Your are correct MP, its "Fail to assist LE". Ive seen only 1 conviction though..LOL

If you are chasing or fighting with a person and you (and maybe you partner) are the only officer(s) around would you think it would be acceptable for a civilian to assist?

I understand if there are multiple officers around then its best to stay out and let you guys do your job and that it is a major risk(in both health and law) for anyone to do anything
with a criminal.

I also want to say that I mean use just enough force so that the cop can get there or put restrain the person, not knocking the person out or beating them to a pulp.

It is absolutely acceptable and appreciated to assist if the cop looks like he or she is at a stalemate or losing the battle.