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Posses
Posted: Mon Oct 22, 2007 10:37 am
by seamusTX
This is current Texas law:
Code of Criminal Procedure Art. 2.14. MAY SUMMON AID.
Whenever a peace officer meets with resistance in discharging any duty imposed upon him by law, he shall summon a sufficient number of citizens of his county to overcome the resistance; and all persons summoned are bound to obey.
Is this law ever put to use these days? Just curious.
- Jim
Re: Posses
Posted: Mon Oct 22, 2007 10:42 am
by Keith B
seamusTX wrote:This is current Texas law:
Code of Criminal Procedure Art. 2.14. MAY SUMMON AID.
Whenever a peace officer meets with resistance in discharging any duty imposed upon him by law, he shall summon a sufficient number of citizens of his county to overcome the resistance; and all persons summoned are bound to obey.
Is this law ever put to use these days? Just curious.
- Jim
The only posses I see inacted now are from the rap and hip-hop artists.
However, I would think in some of the small Texas towns it would not be beyond the local sheriff to do so if needed. I know in Missouri we had a lot of part-time deputies that could be called on if the need arose.
Re: Posses
Posted: Mon Oct 22, 2007 11:17 am
by Renegade
seamusTX wrote:This is current Texas law:
Code of Criminal Procedure Art. 2.14. MAY SUMMON AID.
Whenever a peace officer meets with resistance in discharging any duty imposed upon him by law, he shall summon a sufficient number of citizens of his county to overcome the resistance; and all persons summoned are bound to obey.
Is this law ever put to use these days? Just curious.
- Jim
Reads like "SHALL SUMMON AID", and "MUST PROVIDE AID IF ASKED" to me. For liability reasons, I do not think any LEO/LEA will EVER ask for assistance.
Posted: Mon Oct 22, 2007 12:52 pm
by DoubleJ
I'm thinking of searching for missing persons. plenty of community help there could be useful.
Posted: Mon Oct 22, 2007 12:57 pm
by seamusTX
DoubleJ wrote:I'm thinking of searching for missing persons. plenty of community help there could be useful.
That's true, but this law seems to be concerned with more active assistance. It says, "Whenever a peace officer meets with resistance...," not just when he needs help.
- Jim
Posted: Mon Oct 22, 2007 2:11 pm
by DFWCHLer
Many of the counties in the DFW area maintain a Sheriff's Posse. I've seen them used for crowd control, in search of missing children, and to round up cattle that broke free from an overturned cattle trailer.
Posted: Mon Oct 22, 2007 2:15 pm
by Xander
seamusTX wrote:DoubleJ wrote:I'm thinking of searching for missing persons. plenty of community help there could be useful.
That's true, but this law seems to be concerned with more active assistance. It says, "Whenever a peace officer meets with resistance...," not just when he needs help.
- Jim
You need to watch more CourtTV.
I have seen officers on the "Dashboard Cam" type TV shows requesting civilian assistance to help hold down a resisting suspect they were trying to handcuff, when back-up wasn't close by. I'd suspect that's the most common (even if it's not very common at all) invocation of the authority granted by this law.
Posted: Mon Oct 22, 2007 3:02 pm
by agdude
I've seen it used in Brazos County by the Sheriffs Office. It was a jail break a while back. They rounded up some of our locals and got on horses searching for him... like something out of an old western. One of my friends was called in the night and told to meet outside with his rifle in 15 minutes. They set him on a horse and paired him up with a Deputy. I don't think they required him to do it though... so I don't know if it fully qualifies.
Posted: Mon Oct 22, 2007 6:06 pm
by BrassMonkey
I pulled into a gas station here in my little town a few weeks ago. One of our few officers had his hands full with a car full of 5 hoodlums. Old hoopty, you know? Anyway, it just smelled hinky to me. I was filling up and asked him if he was 10-4. He said, "ehh, hang out for a bit for me. He knows I carry and all that" 'Sho' nuff, he got consent and started to search and three of em started inching back towards the trunk where he was about to search. I walked over and in a loud voice, he said, "Hey Monkey, help me out." So, they spent the next 5 minutes sitting on the curb against the wall.
Driver went for meth possesion, 1 went for outstanding warrants out of Dallas County. Rest of em got to go home.
Essentially, Steve requested assistance, and I complied. If I would have said, sorry dood, i got my kid in the car" there is no way he would have written paper on me or anything, just a citizen helping out.
This is the problem with only having one guy on duty at any given time. County takes too long to show up unless they are in our sector already.
Re: Posses
Posted: Mon Oct 22, 2007 8:56 pm
by lrb111
seamusTX wrote:This is current Texas law:
Code of Criminal Procedure Art. 2.14. MAY SUMMON AID.
Whenever a peace officer meets with resistance in discharging any duty imposed upon him by law, he shall summon a sufficient number of citizens of his county to overcome the resistance; and all persons summoned are bound to obey.
Is this law ever put to use these days? Just curious.
- Jim
Absolutely, Ector, Midland, and a bunch of the surrounding counties have "standing posses". The Ector County Sheriff's Posse has its own arena, and training grounds on the north edge of Odessa. These folks are not just "parade fillers" either. If they are needed they load up and show up.
Posted: Mon Oct 22, 2007 9:25 pm
by KBCraig
After "bound to obey", is there any penalty for refusing?
Just curious.
Posted: Mon Oct 22, 2007 10:16 pm
by KRM45
KBCraig wrote:After "bound to obey", is there any penalty for refusing?
Just curious.
No.
Posted: Mon Oct 22, 2007 10:24 pm
by Renegade
KRM45 wrote:KBCraig wrote:After "bound to obey", is there any penalty for refusing?
Just curious.
No.
No penalty either if the peace officer meets with resistance in discharging any duty imposed upon him by law, and he fails to summon a sufficient number of citizens of his county to overcome the resistance....
Posted: Tue Oct 23, 2007 12:46 am
by yobdab
Small towns in Kentucky (>30,000 people) it is a common place thing to have a "Sherrif's Posse".
Posted: Tue Oct 23, 2007 7:17 am
by seamusTX
KBCraig wrote:After "bound to obey", is there any penalty for refusing?
The next article is
Art. 2.15. PERSON REFUSING TO AID. The peace officer who has summoned any person to assist him in performing any duty shall report such person, if he refuse to obey, to the proper district or county attorney, in order that he may be prosecuted for the offense.
but it doesn't say what the penalty is.
- Jim