Legality of LEO Commandeering Private Property

misswired

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The reflective clothing thread of LEO's reminds me of this all but forgotten story.

Back about 1990 fishing buddy and myself lived to fish, work and sleep... in about that order.
It's a weekend night so we're doing an all night fishing trip on Smith Lake in our hometown. About dusk we hear a siren in the distance that soon turns into several sirens. Telling fishing buddy it sounds like they are coming down old highway 69 that dead ends into the lake. There was only a couple warning signs and a few rumble strips to warn of the upcoming dead end into the water.
As the chase grew closer it was obvious several more sirens had joined in. When the sirens stopped moving I told fishing buddy " I think they have stopped where hwy 69 runs into the water." He said: "lets go see!"
As we rounded the bend into the slough we could see about 20 units with the blue lights blaring. I stopped the boat about 300 yards away while we cracked a beer and watched the action.
Some thirty minutes later, the curiosity had us.... we slowly idled up to the scene. As the boat nudged up on the bank a fellow wearing a white tee shirt points at me and says: "I'm taking that boat!" Foolishly I replied: "Who the hell are you?" ( that's when I noticed the stripes down his uniform trousers)His reply: "I'm Trooper Ronnie ***** , and I'm commandeering your boat!"
Immediately recognizing his name as an old classmate, I shook his hand telling him my name saying sure; what's up?
He was the lead unit when the corvette had plowed into the water at a high rate of speed... he had swam to the car and pulled the kid out quite possibly saving his life.
He wanted the boat to go out and find the car.... here we go out to where he said the car sank and started searching. I'm looking with sonar without any luck when fishing buddy says let's throw our spinnerbaits, we can tell if we bump the car.... no luck with that.
Trooper Ronnie then says let's go back to the bank, the divers are here..... so back to the bank and me and fishing buddy has a state trooper and two geared up divers in our boat, idling back out to find the car. Seeing as this is gonna take a while I asked Trooper Ronnie if me and fishing buddy can continue drinking our beer(we're in a dry county).... he says absolutely, no problem.

We never found the car that night, it had continued rolling a couple hundred yards on the submerged roadway.
Following up a couple day later I asked an officer what had happened. The kid had stolen the corvette up north and driven it to spring break in Florida.... he was out of gas and money when he pulled a gas drive off in our little town bordering the interstate.

The moral of the story: Officers can commandeer your vehicle in Alabama, but, if you happen to know the officer.... you can continue drinking your beer while they use your vehicle:D:eek:;):)
 
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There was a piece of urban legend regarding a shootout I believe in CA several years ago. The police, armed only with pistols, were clearly outgunned by the perps who had full auto weapons and bullet proof vests. The went to the nearest sporting goods store and commandeered a couple of high powered rifles and ammo which they used to bring the shooting to an end.
The legend was that the police were charged with unlawful firearms possession since they completed no paperwork before taking the rifles. Of course, this was not true since they are lawfully permitted to commandeer anything they need to stop a crime.
Jim
 
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I am unwilling to give up my personal property to anyone.


Willing or not, if placed in this situation you had better comply as in most, if not all, states he has the authority to take whatever is being commandeered, by force if necessary, so long as the exigency of the situation justifies the taking! Resisting an officer acting "Under Color of Authority" is not going to come out well.
 
Willing or not, if placed in this situation you had better comply as in most, if not all, states he has the authority to take whatever is being commandeered, by force if necessary, so long as the exigency of the situation justifies the taking! Resisting an officer acting "Under Color of Authority" is not going to come out well.


If this is the correct definition of your statement it implies an assumed authority. Taking something without permission is theft, is it not?
“Color of Law Law and Legal Definition. Color of law refers to an act done under the appearance of legal authorization, when in fact, no such right existed. It applies when a person is acting under real or apparent government authority.”
 
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“In this matter, a really interesting and well written story, miswired consented to the temporary use of his personal property by law enforcement officers.”

I agree, he consented to allow the use of his boat. I find it hard to believe a person would be forced to give up their property.
 
A lawyer I know of has written an article positing that this sort of thing might be a 3rd Amendment violation. I'm not sure that there has ever been a 3rd Amendment case brought before the Supreme Court.

It's an interesting intellectual exercise.

As for "commandeering" a vehicle, while it might be legal, I would guess that the agency, if not the officer, might be liable for damage to or caused by the vehicle.
 
There is a case before SCOTUS (arguments were heard in the last couple of weeks) regarding civil asset forfeiture. While SCOTUS has previously placed limits on when assets can be seized by the government without trial, this case is a 14th Amendment case.

At issue is whether the previous rulings should be extended to the states under the 14th Amendment.

It's an interesting concept.

The Fifth Amendment to the US Constitution forbids the taking of private property for public use, without the payment of just compensation. Due process of law is required prior to depriving a person of life, liberty or property. Due process of law requires, at a minimum, notice of the charges against one, and the opportunity to meaningfully respond to the charges.

The entire text of the Amendment follows, relevant portion highlighted:

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

In this matter, a really interesting and well written story, miswired consented to the temporary use of his personal property by law enforcement officers.
 
I doubt that "commandeering" a vehicle happens often, but Civil Forfeiture is quite common. A person's due process in such a case is to prove that the property has not been involved in a criminal activity.
 
I know for a fact the following is true. A Missouri State Highway Patrol trooper once stopped a fella' for speeding on the interstate. When told he was traveling 75 in a 55 zone, the driver protested, stating that his car wouldn't do 75. The trooper asked for the keys, propped the driver on the hood of his cruiser, and took off in the driver's vehicle. He pulled up ten minutes later and said "Son, it'll do 115." And then issued a ticket . . .
 
I know for a fact the following is true. A Missouri State Highway Patrol trooper once stopped a fella' for speeding on the interstate. When told he was traveling 75 in a 55 zone, the driver protested, stating that his car wouldn't do 75. The trooper asked for the keys, propped the driver on the hood of his cruiser, and took off in the driver's vehicle. He pulled up ten minutes later and said "Son, it'll do 115." And then issued a ticket . . .

My kids used to have expinations like this. When they were THREE.
 
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