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Simple English definitions for legal terms

posse comitatus

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A quick definition of posse comitatus:

Posse comitatus is a group of citizens who help a sheriff keep the peace, rescue people, or catch criminals. The sheriff can ask for as many people as needed to join the posse, and some posses can even act like police officers. In California, people who help the police are considered public employees and can get paid for their work. If someone in the posse gets hurt or killed while helping, they can get compensated. It used to be against the law to refuse to join a posse, but now it's not.

A more thorough explanation:

Posse comitatus is a Latin phrase that means "the power of the county." It refers to a group of citizens who are called upon to assist a sheriff in keeping the peace, conducting a rescue, or apprehending a criminal.

The extent of powers that a sheriff can delegate to a posse varies depending on the jurisdiction. In California, for example, any person who assists a police officer in law enforcement activities and is not an independent contractor is considered to be a public employee and is entitled to compensation for their efforts.

If a person in a posse comitatus is injured or killed while performing the requested law enforcement activity, they are to be indemnified at a rate of up to four times his or her average annual earnings, inclusive of any posse comitatus compensation.

At the discretion of a sheriff, as many people as deemed necessary to assist in law enforcement may potentially be recruited, subject to no limitations. Most recently, SB-192 decriminalized the refusal to participate in a posse comitatus, which formerly was a misdemeanor and carried an accompanying fine.

For example, a sheriff may call upon a posse comitatus to help search for a missing person in a remote area. The posse members would assist in the search and provide any necessary support to the sheriff's department.

Another example would be a posse comitatus being called upon to help maintain order during a large public event, such as a protest or parade. The posse members would assist law enforcement in keeping the peace and ensuring the safety of all involved.

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