Cecily Zamora
In the United States, law enforcement officers can, in certain circumstances, deputize civilians to carry out law enforcement functions. This practice, known as posse comitatus, has a long history in the US, particularly in rural and frontier areas, but has also been associated with tragic incidents such as the Lattimer Massacre of 1897. While the use of posses has declined with the rise of professional police departments, law enforcement officers in most states still have the power to deputize civilians on an incident-by-incident basis, typically under the supervision of a law enforcement officer. For example, a sheriff responding to a bar fight may deputize a bystander to detain a suspect until additional law enforcement arrives. The authority to deputize civilians also extends to certain federal agencies, such as the Transportation Security Administration, which can deputize state or local law enforcement officers to carry out federal airport security duties.
| Characteristics | Values |
|---|---|
| Law enforcement officers deputizing civilians | Possible in certain circumstances |
| Statutory circumstances | Vary by state |
| Example of statutory circumstances | A single sheriff can deputize a civilian to detain a suspect until additional law enforcement arrives |
| Law enforcement officers | United States Marshals, Deputy US Marshals, Sheriffs, Court Security Officers |
| Civilians deputized | Bouncers, patrons, motorists, auxiliary groups |
| Powers granted to deputized civilians | Arrest, euthanize a deer, immunity from criminal liability |
| Limitations | Cannot be uniformed military personnel |
| Historical examples | The Lattimer Massacre of 1897, Baltimore riot of 1968 |
| Legal provisions | Posse comitatus, Criminal Law Act 1967, Georgia's OCGA 17-4-24, 49 U.S. Code § 44922 |
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What You'll Learn
Law enforcement officers can deputize civilians in certain states
In the United States, law enforcement officers can deputize civilians in certain states. This practice, known as "posse comitatus", has a long history and is still permitted in certain situations. For example, in some states, a sheriff can deputize a civilian to assist in making an arrest or detaining a suspect under the supervision of a law enforcement officer. This is typically done on an incident-by-incident basis and is more common in rural or frontier areas.
The power to deputize civilians is not limited to local law enforcement officers. United States Marshals and Deputy US Marshals can also deputize civilians if necessary, granting them temporary authority as Special Deputy US Marshals. This is often done for court security in federal buildings and courthouses, where private contractors are deputized. However, it is important to note that deputized persons cannot be uniformed military personnel due to laws prohibiting the US military from acting as law enforcement.
The use of posse comitatus has been controversial and has been associated with incidents of civil unrest and violence, such as the Lattimer Massacre of 1897. As a result, the practice has become less common, especially in urban areas with large professional police departments. In these cases, law enforcement agencies often rely on mutual aid agreements with regional agencies to obtain additional manpower instead of deputizing civilians.
While the specific laws and regulations may vary across states, the power to deputize civilians generally comes with restrictions and is subject to statutory provisions. For example, in Colorado, the Revised Statutes § 16-3-202 outlines the circumstances under which a peace officer can command the assistance of any person in the vicinity during an arrest.
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The civilian is then known as a Special Deputy US Marshal
In the United States, law enforcement officers can, in certain circumstances, deputize civilians to carry out law enforcement functions under the supervision of a law enforcement officer. This is done on an incident-by-incident basis. For example, a sheriff responding to a bar fight may deputize a bystander to detain a suspect until additional law enforcement personnel arrive.
United States Marshals and Deputy US Marshals can also deputize civilians, who are then known as Special Deputy US Marshals. The "special" in the title denotes that their power is temporary. Court Security Officers at federal courthouses are often private contractors that have been deputized as Special Deputy US Marshals. This power is called Posse Comitatus, which means "committing a posse", referring to the group of deputized people. Posse Comitatus comes with certain restrictions, including that the deputized persons cannot be uniformed military personnel.
The process of becoming a Special Deputy US Marshal is not entirely clear, and it is a challenging position to obtain. It appears that municipal police officers who are interested in becoming Special Deputy US Marshals should first check if their agency has an MOU with the USMS or a task force.
To become a Deputy US Marshal, one must pass a written test, an oral board interview, an extensive background investigation, a medical examination and drug test, and multiple Fitness In Total (FIT) exams. Deputy US Marshals then complete an 18-week training program at the US Department of Homeland Security's Federal Law Enforcement Training Center in Glynco, Georgia.
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The deputized civilian's power is temporary
In the United States, law enforcement officers can, in certain circumstances, deputize civilians to carry out law enforcement functions. The power granted to these civilians is typically temporary and restricted to specific situations or incidents.
The practice of deputizing civilians, also known as "posses," was more common in rural and frontier areas during the 19th and early 20th centuries. However, it is now less frequently used, especially in urban areas with established police departments. One example of the modern use of this power is in federal buildings and courthouses, where Court Security Officers are often private contractors who have been temporarily deputized as Special Deputy US Marshals.
The circumstances under which law enforcement officers can deputize civilians vary by state and situation. For example, in some states, a sheriff may deputize a civilian to detain a suspect until additional law enforcement personnel arrive. In other cases, a 911 dispatcher may deputize a motorist to euthanize a deer struck in a car accident. While the power granted to deputized civilians is temporary, it does provide them with certain law enforcement authorities within the specific context of their deputization.
It is important to note that the use of civilian posses has been controversial and has sometimes led to tragic incidents, such as the Lattimer Massacre of 1897, where civilians fired on striking mine workers, resulting in multiple deaths. As a result, the practice of deputizing civilians for situations of civil unrest has largely been discontinued.
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The practice is called Posse Comitatus
The practice of law enforcement deputizing a civilian is called Posse Comitatus, which roughly translates to "power of the county" or "force of the county/region" from Latin. The Posse Comitatus Act is a federal law in the United States that restricts the government's ability to use military personnel for domestic law enforcement. The act was signed into law in 1878 by President Rutherford B. Hayes and has been updated several times since to include other branches of the military.
The concept of Posse Comitatus dates back to 9th-century England and was later codified in the Sheriffs Act of 1887 in England and Wales. It allowed sheriffs to mobilize civilians to assist in law enforcement, such as arresting felons or suppressing lawlessness. In the United States, Posse Comitatus was used to prevent the military occupation of former Confederate states by the US Army during Reconstruction after the Civil War.
Today, the Posse Comitatus Act ensures that federal troops cannot be used for civilian law enforcement unless specifically authorized by a statute or the Constitution. This law does not apply to the Coast Guard, which has express authority to perform law enforcement duties. While the act primarily covers the Army, Air Force, Navy, Marine Corps, and Space Force, there are exceptions for certain National Guard units.
In certain situations, law enforcement officers can still deputize civilians temporarily. This is typically done on an incident-by-incident basis, such as when a sheriff needs assistance in making arrests or maintaining peace. However, the use of Posse Comitatus by law enforcement has become less common, especially in urban areas with professional police departments.
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The civilian is granted qualified immunity for their actions
In the United States, law enforcement officers can, in certain circumstances, deputize civilians to carry out law enforcement functions under their supervision and control. This practice, known as "posse comitatus," has been historically more common in rural and frontier areas but has become less prevalent in recent years, especially in urban areas with established police departments.
When it comes to the legal immunity granted to deputized civilians, it is important to note that there is a distinction between qualified immunity and absolute immunity. Qualified immunity is a judicial precedent established by the Supreme Court that protects government officials from lawsuits alleging violations of a plaintiff's rights. It strikes a balance between holding officials accountable for irresponsible actions and shielding them from harassment when they act reasonably. While judges, prosecutors, and legislators are typically not covered by qualified immunity, most other executive branch officials, including law enforcement officers, are generally protected by this doctrine.
In the context of deputized civilians, the granting of qualified immunity varies depending on the state and the specific circumstances. In some cases, deputized civilians may be granted qualified immunity for their actions, especially when they are acting under the direction of a law enforcement officer. This means that they may be protected from legal liability as long as they acted in good faith and within the scope of their temporary law enforcement authority.
However, it is important to note that the application of qualified immunity has been a subject of debate and criticism. There have been calls for a thoughtful reappraisal of the doctrine, as it has been argued that it allows public officials to avoid consequences for unreasonable behavior. The Supreme Court's decision in Harlow v. Fitzgerald (1982) established the modern test for qualified immunity, focusing on the objective reasonableness of an official's conduct rather than their subjective state of mind.
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Frequently asked questions
Yes, law enforcement officers can deputize civilians in certain situations. This practice is known as "posse comitatus" or "calling the posse".
To be deputized means that a civilian is granted temporary law enforcement powers, typically in response to a specific incident or situation.
While it depends on the state and the specific circumstances, most states have statutory circumstances under which certain law enforcement officers can deputize civilians. However, there are restrictions, such as the prohibition of deputizing uniformed military personnel.
In 1897, the sheriff of Luzerne County, Pennsylvania, deputized 100 civilians to assist in confronting striking mine workers, resulting in the Lattimer Massacre. In another instance, a 911 dispatcher told a passing motorist that they had the authority to shoot and kill a deer, which was later found to be outside the dispatcher's authority.
Deputizing civilians can have significant implications, as illustrated by the Lattimer Massacre. While it can provide additional manpower in emergency situations, it also raises concerns about potential misuse or abuse of power.
