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The ''posse comitatus'' (from the
Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
for "power of the county/community/guard"), frequently shortened to posse, is in
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
a group of people mobilized by the conservator of peace – typically a reeve,
sheriff A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...
, chief, or another special/regional designee like an officer of the peace potentially accompanied by or with the direction of a justice or ajudged parajudicial process given imminence of actual damage – to suppress lawlessness, defend the people, or otherwise protect the place, property, and public welfare (see also ethical law enforcement (police by consent etc.)). The ''posse comitatus'' as an English jurisprudentially defined doctrine dates back to ninth-century England and the campaigns of
Alfred the Great Alfred the Great (alt. Ælfred 848/849 – 26 October 899) was King of the West Saxons from 871 to 886, and King of the Anglo-Saxons from 886 until his death in 899. He was the youngest son of King Æthelwulf and his first wife Osburh, who bot ...
(and before in ancient custom and law of locally martialed forces) simultaneous thereafter with the officiation of sheriff nomination to keep the regnant peace (known as " the queen/king's peace")
Justus Causus
is everpresently necessary in establishing, forming, or calling up a posse and can never be the basis for the very lawlessness or subversion of order this legal maxim is intended to subdue and defend against.


Etymology

Derived from
Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
, ''posse comitātūs'' ("force of the county/region") is sometimes shortened to simply ''posse'' from the mid-17th century onward to describe the force itself more than the legal principle. While the original meaning refers to a group of citizens assembled by the authorities to deal with an emergency (such as suppressing a riot or pursuing felons and outlawry), the term is also used for any force or band, especially with hostile intent, often also figuratively or humorously. In 19th-century usage, ''posse comitatus'' also acquired the generalized or figurative meaning. In classical Latin, ''posse'' is a contraction of ''potesse'', an irregular Latin verb meaning "to be able".Mueller, Hans-Friedrich. (2013). "Latin 101." The Teaching Company. The unusual genitive in "''-ūs''" is a feature of the
fourth declension In linguistics, declension (verb: ''to decline'') is the changing of the form of a word, generally to express its syntactic function in the sentence, by way of some inflection. Declensions may apply to nouns, pronouns, adjectives, adverbs, and a ...
. In its earliest days the ''posse comitatus'' was subordinate to king, country, and local authority.


United Kingdom


English Civil War

In 1642, during the early stages of the
English Civil War The English Civil War (1642–1651) was a series of civil wars and political machinations between Parliamentarians (" Roundheads") and Royalists led by Charles I ("Cavaliers"), mainly over the manner of England's governance and issues of re ...
, local forces were employed everywhere and by all sides. The powers responsible produced valid written authority, inducing the locals to assemble. The two most common authorities used were the
Militia Ordinance The Militia Ordinance was passed by the Parliament of England on 15 March 1642. By claiming the right to appoint military commanders without the king's approval, it was a significant step in events leading to the outbreak of the First English Civ ...
on the side of the Parliamentarians and that of the king, the old-fashioned Commissions of Array. But the
Royalist A royalist supports a particular monarch as head of state for a particular kingdom, or of a particular dynastic claim. In the abstract, this position is royalism. It is distinct from monarchism, which advocates a monarchical system of governme ...
leader in
Cornwall Cornwall (; kw, Kernow ) is a historic county and ceremonial county in South West England. It is recognised as one of the Celtic nations, and is the homeland of the Cornish people. Cornwall is bordered to the north and west by the Atlantic ...
, Sir
Ralph Hopton Ralph Hopton, 1st Baron Hopton, (159628 September 1652), was an English politician, soldier and landowner. During the 1642 to 1646 First English Civil War, he served as Royalist commander in the West Country, and was made Baron Hopton of Stra ...
,
indict An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of an ...
ed the enemy before the
grand jury A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a pe ...
of the county as disturbers of the peace, and had the ''posse comitatus'' called out to expel them.


In law

The powers of sheriffs in England and Wales for ''posse comitatus'' were codified by section 8 of the
Sheriffs Act 1887 The Sheriffs Act 1887 is an Act of the Parliament of the United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast ...
, the first subsection of which stated that: This permitted the
sheriff A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...
of each county to call every civilian to his assistance to catch a person who had committed a
felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
– that is, a serious crime. It provided for fines for those who did not comply. The provisions for ''posse comitatus'' were repealed by the
Criminal Law Act 1967 The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom that made some major changes to English criminal law, as part of wider liberal reforms by the Labour government elected in 1966. Most of it is still in force. Territ ...
. The second subsection provided for the sheriff to take "the power of the county" if he faced resistance while executing a
writ In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, a ...
, and provided for the arrest of resisters.section 8, Sheriffs Act 1887 (as passed)
/ref> This subsection is still in force. This power can be used during the execution of a writ of seizure and sale in order to satisfy a debt; it allows a sheriff to call upon the police while seizing the property.


United States

The ''posse comitatus'' power continues to exist in those common law states that have not expressly repealed it by
statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
. As an example, it is codified in
Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...
under OCGA 17-4-24: In a number of states, especially in the
Western United States The Western United States (also called the American West, the Far West, and the West) is the region comprising the westernmost states of the United States. As American settlement in the U.S. expanded westward, the meaning of the term ''the Wes ...
, sheriffs and other law enforcement agencies have called their civilian auxiliary groups "posses". The
Lattimer Massacre The Lattimer massacre was the violent deaths of at least 19 unarmed striking immigrant anthracite miners at the Lattimer mine near Hazleton, Pennsylvania, United States, on September 10, 1897.Anderson, John W. ''Transitions: From Eastern Europ ...
of 1897 illustrated the danger of such groups, and thus ended their use in situations of
civil unrest Civil disorder, also known as civil disturbance, civil unrest, or social unrest is a situation arising from a mass act of civil disobedience (such as a demonstration, riot, strike, or unlawful assembly) in which law enforcement has difficulty ...
. ''Posse comitatus'' in the US became not an instrument of royal prerogative, but an institution of local self-governance. The posse functioned through, rather than upon, the local popular will. From 1850 to 1878, the
US Federal Government The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a fed ...
had expanded its power over individuals. This was done to safeguard national property rights for slaveholders, emancipate millions of enslaved African Americans, and enforce the doctrine of formal equality. The rise of the federal state, like the marketplace before it, had created contradictory but congruous forces of liberation and compulsion upon individuals. In the early decades of the United States, before slavery became a major conflict, federal use of ''posse comitatus'' in the states was rare and sporadic. But the federal ''posse comitatus'', quite literally, had compelled all of the United States to accept the legitimacy of slavery. In an exhaustive study of lynching in Colorado, historian Stephen Leonard defines lynching to include the people's courts and even posses, which by definition were led by sheriffs."Lynching in Colorado, 1859–1919" (University Press Colorado, 2002). In the United States, a federal statute known as the
Posse Comitatus Act The Posse Comitatus Act is a United States federal law (, original at ) signed on June 18, 1878, by President Rutherford B. Hayes which limits the powers of the federal government in the use of federal military personnel to enforce domestic p ...
, enacted in 1878, forbade the use of the
US Army The United States Army (USA) is the land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, cla ...
, and through it, its offspring, the
US Air Force The United States Air Force (USAF) is the air service branch of the United States Armed Forces, and is one of the eight uniformed services of the United States. Originally created on 1 August 1907, as a part of the United States Army Signal ...
, as a ''posse comitatus'' or for law enforcement purposes without the approval of Congress. While the act does not explicitly mention the
US Navy The United States Navy (USN) is the maritime service branch of the United States Armed Forces and one of the eight uniformed services of the United States. It is the largest and most powerful navy in the world, with the estimated tonnage of ...
and the
US Marine Corps The United States Marine Corps (USMC), also referred to as the United States Marines, is the maritime land force service branch of the United States Armed Forces responsible for conducting expeditionary and amphibious operations through combi ...
, the
US Department of the Navy The United States Department of the Navy (DoN) is one of the three military departments within the Department of Defense of the United States of America. It was established by an Act of Congress on 30 April 1798, at the urging of Secretary o ...
has prescribed regulations that are generally construed to give the act force with respect to these branches as well. A directive in 2013 from the
US Secretary of Defense The United States secretary of defense (SecDef) is the head of the United States Department of Defense, the executive department of the U.S. Armed Forces, and is a high ranking member of the federal cabinet. DoDD 5100.1: Enclosure 2: a The ...
directly addressed this issue and prohibited the use of the Army, Navy, Air Force and Marine Corps for domestic law enforcement. The limitation does not apply to the
National Guard of the United States The National Guard is a state-based military force that becomes part of the reserve components of the United States Army and the United States Air Force when activated for federal missions.state's governor and operating in accordance with Title 32 of the US Code, such as deployments by state governors in response to
Hurricane Katrina Hurricane Katrina was a destructive Category 5 Atlantic hurricane that caused over 1,800 fatalities and $125 billion in damage in late August 2005, especially in the city of New Orleans and the surrounding areas. It was at the time the cost ...
.


Notable posses


Pierce County, 1856

In response to the dispatch of militia by the governor of
Washington Territory The Territory of Washington was an organized incorporated territory of the United States that existed from March 2, 1853, until November 11, 1889, when the territory was admitted to the Union as the State of Washington. It was created from the ...
,
Isaac Stevens Isaac Ingalls Stevens (March 25, 1818 – September 1, 1862) was an American military officer and politician who served as governor of the Territory of Washington from 1853 to 1857, and later as its delegate to the United States House of Represe ...
, to arrest Francis A. Chenoweth, the chief justice of the territory's supreme court, who was holding court in the Pierce County Courthouse, the sheriff of Pierce County deputized 50 to 60 civilians for the defense of the court. The standoff between the posse and the militia was ultimately resolved by negotiations and the latter withdrew.


Luzerne County, 1897

In 1897 the sheriff of
Luzerne County, Pennsylvania Luzerne County is a county in the U.S. state of Pennsylvania. According to the U.S. Census Bureau, the county has a total area of , of which is land and is water. It is Northeastern Pennsylvania's second-largest county by total area. As of ...
, deputized 100 civilians to supplement 50 deputy sheriffs in confronting 400 striking mine workers at the Lattimer Mines. The posse fired at the strikers leaving 19 dead. This incident is referred to as the
Lattimer massacre The Lattimer massacre was the violent deaths of at least 19 unarmed striking immigrant anthracite miners at the Lattimer mine near Hazleton, Pennsylvania, United States, on September 10, 1897.Anderson, John W. ''Transitions: From Eastern Europ ...
.


Hinsdale County, 1994

In 1994, after violent bank robbers fled from
Mineral County, Colorado Mineral County is a county located in the U.S. state of Colorado. As of the 2020 census, the population was 865, making it the third-least populous county in Colorado, behind San Juan County and Hinsdale County. The county seat and only in ...
, into remote
Hinsdale County, Colorado Hinsdale County is a county located in the U.S. state of Colorado. As of the 2020 census, the population was 788, making it the second-least populous county in Colorado. With a population density of only , it is also the least-densely populated ...
, which, at the time, had two law enforcement officers for its 500 residents. The county sheriff summoned the power of the county; more than 100 deputized civilians together with 200 police officers from out of town were directed in house-to-house searches for the fugitives. The robbers committed suicide as the posse closed in on their location.


Legal status


Case law

Following the
Baltimore riot of 1968 The Baltimore riot of 1968 was a period of civil unrest that lasted from April 6 to April 14, 1968, in Baltimore. The uprising included crowds filling the streets, burning and looting local businesses, and confronting the police and national gua ...
, 1,500 lawsuits were filed against the city of
Baltimore Baltimore ( , locally: or ) is the List of municipalities in Maryland, most populous city in the U.S. state of Maryland, fourth most populous city in the Mid-Atlantic (United States), Mid-Atlantic, and List of United States cities by popula ...
seeking compensation for damages sustained due to the failure of the police to suppress the unrest. The city sought declaratory judgment arguing that it could not be liable for any failures of the Baltimore municipal police, as it was an agency of the
State of Maryland Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to it ...
and the city had no law enforcement authority. In rejecting the argument, the Maryland Court of Appeals observed that Baltimore, as an
independent city An independent city or independent town is a city or town that does not form part of another general-purpose local government entity (such as a province). Historical precursors In the Holy Roman Empire, and to a degree in its successor states ...
and – therefore – a county equivalent, was still in possession of the ability to summon the power of the county as that right had not explicitly been repealed by statute and, therefore, remained part of the common law. The court noted:


Statute law


=State provisions

= Writing in the ''Journal of Criminal Law and Criminology'', David Kopel observed that almost all US states provide statutory authority for sheriffs, or other local officials, to summon the power of the county. In many cases, civil and criminal penalties are prescribed for members of the public who shirk posse duty when summoned;
South Carolina )''Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no) , anthem = " Carolina";" South Carolina On My Mind" , Former = Province of South Carolina , seat = Columbia , LargestCity = Charleston , LargestMetro = ...
provides that "any person refusing to assist as one of the posse ... shall be guilty of a misdemeanor and, upon conviction shall be fined not less than thirty nor more than one hundred dollars or imprisoned for thirty days" while in
New Hampshire New Hampshire is a U.S. state, state in the New England region of the northeastern United States. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec t ...
a fine of "not more than $20" has been set.


=Federal provisions

= Title 42, section 1989, of the
United States Code In the law of the United States, the Code of Laws of the United States of America (variously abbreviated to Code of Laws of the United States, United States Code, U.S. Code, U.S.C., or USC) is the official compilation and codification of the ...
extends the authority to summon the power of the county to
United States magistrate judge In United States federal courts, magistrate judges are judges appointed to assist U.S. district court judges in the performance of their duties. Magistrate judges generally oversee first appearances of criminal defendants, set bail, and conduc ...
s when necessary to enforce their orders:


See also

*
Commandeering Commandeering is an act of appropriation by the military or police whereby they take possession of the property of a member of the public. In the United States In United States law, it also refers to federal government actions which would force ...
*
Conscription Conscription (also called the draft in the United States) is the state-mandated enlistment of people in a national service, mainly a military service. Conscription dates back to antiquity and it continues in some countries to the present day un ...
*
Hue and cry In common law, a hue and cry is a process by which bystanders are summoned to assist in the apprehension of a criminal who has been witnessed in the act of committing a crime. History By the Statute of Winchester of 1285, 13 Edw. I statute 2. c ...
*
Ku Klux Klan raid (Inglewood) Ku Klux Klan activities in Inglewood, California, were highlighted by the 1922 arrest and trial of 36 men, most of them masked, for a night-time raid on a suspected bootlegger and his family. The raid led to the shooting death of one of the culpri ...
*
Misprision Misprision (from fro, mesprendre, modern french: se méprendre, "to misunderstand") in English law describes certain kinds of offence. Writers on criminal law usually divide misprision into two kinds: negative and positive. It survives in the la ...
*
Vigilante Vigilantism () is the act of preventing, investigating and punishing perceived offenses and crimes without Right, legal authority. A vigilante (from Spanish, Italian and Portuguese “vigilante”, which means "sentinel" or "watcher") is a pers ...


References


External links

*{{Wiktionary-inline, posse comitatus Common law Legal history Latin legal terminology History of criminal justice