Posse comitatus is a centuries-old concept allowing law enforcement to enlist able-bodied individuals for specific tasks, but it is rare. The US Posse Comitatus Act prohibits the use of military forces for law enforcement. Civilians are not trained and could endanger themselves or others. The term “posse” is often used to refer to a group gathered around a single individual or cause.
Posse comitatus is a common law concept which states that law enforcement officials can enlist able-bodied individuals, classically limited to men, for the purpose of specific law enforcement tasks. While many nations technically allow posse comitatus, it is extremely rare to see law enforcement agencies drafting civilians, despite depictions in Western films and novels. The term “posse comitatus” is also used to refer to the US Posse Comitatus Act, which explicitly prohibits the use of US military forces for law enforcement purposes, except by the Coast Guard.
This common law concept is centuries old, dating back to before law enforcement was considered a highly specialized task requiring unique training. Sheriffs could muster good men to keep the peace during times of civil unrest, to hunt down criminals, and to provide additional security as needed. The concept of posse comitatus has sometimes been invoked by opposing sides, as seen during the English Civil War, in which both sides had the ability to conscript civilians.
Law enforcement officers are more likely to commandeer vehicles, another grossly exaggerated law enforcement power, than to draft civilians, due to security concerns. Civilians are not trained to participate in law enforcement duties and could endanger themselves or others if they become involved in a gang. In emergency situations where law enforcement officers begin to replace civilians, they will likely be looking for retired law enforcement officers and individuals with military experience.
Under the Posse Comitatus Act, members of the U.S. military cannot be commissioned for law enforcement duties. One of the key ideas behind the act was that its architects did not want to see the US military work nationwide, and the act was also designed to limit the powers of the federal government. Indeed, members of the National Guard and Coast Guard are used for law enforcement duties in the United States and abroad, leading some people to suggest that this law should probably be revised to reflect the changing nature of the United States military.
Thanks to the frequent use of the posse comitatus as a plot device in Westerns, many people refer to a group of individuals conscripted by law enforcement officials as a “posse.” The term “posse” has also been used more generally to refer to a group gathered around a single individual or cause.
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