Refusing to assist a police officer

Refusing to assist a police officer, peace officer or other law enforcement officer is an offence in various jurisdictions around the world. Some jurisdictions use the terminology "refusing to aid a police officer" or "failure to aid a police officer".

This principle originates from Norman England, where local Sheriffs in England would be the only peace officer in an area. He would summon assistance from locals to enforce the King's laws or to apprehend an offender. It subsequently became part of the common law that all persons must assist a constable or peace officer when so requested. This still remains as one of the few common law offences which exist in England/Wales and some other states/countries.

Canada

Canada Criminal Code (R.S.C., 1985, c. C-46) See 129(b) for circumstances where it is a crime not to act in the assistance of the police.

129 Everyone who

(a) resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer, (b) omits, without reasonable excuse, to assist a public officer or peace officer in the execution of his duty in arresting a person or in preserving the peace, after having reasonable notice that he is required to do so, or (c) resists or wilfully obstructs any person in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, is guilty of:

1. an indictable offence and is liable to imprisonment for a term not exceeding two years, or 2. an offence punishable on summary conviction.

R.S., c. C-34, s. 118; 1972, c. 13, s. 7.

England/Wales Refusing to assist a constable is an offence under the common law of England and Wales.Halsbury's Laws of England 5th edition, volume 26, paragraph 694R v Brown (1841) Car & M 314; R v Sherlock (1866) LR 1 CCR 20 The offence is committed if a person refuses, without lawful excuse, to assist a constable who sees a breach of the peace committed or who is assaulted or obstructed when making an arrest, and who, where there is a reasonable necessity to do so, calls upon that person to assist him or her. As a common law offence, it is punishable with an unlimited fine and imprisonment, although it is very rarely prosecuted.Common Law Offences Charged and Reaching a first hearing in Magistrates' Courts, Crown Prosecution Service There have been no prosecutions since 2011 for this offence.

United States

Various jurisdictions require an individual to assist a law enforcement officer when requested, to varying levels of criminal punishment, from violation to misdemeanor:

Federal

Customs

§507. Officers to make character known; assistance for officers

(a) Every customs officer shall— (1) upon being questioned at the time of executing any of the powers conferred upon him, make known his character as an officer of the Federal Government; and (2) have the authority to demand the assistance of any person in making any arrest, search, or seizure authorized by any law enforced or administered by customs officers, if such assistance may be necessary.

If a person, without reasonable excuse, neglects or refuses to assist a customs officer upon proper demand under paragraph (2), such person is guilty of a misdemeanor and subject to a fine of not more than $1,000. (b) Any person other than an officer or employee of the United States who renders assistance in good faith upon the request of a customs officer shall not be held liable for any civil damages as a result of the rendering of such assistance if the assisting person acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances. (R.S. §3071; Pub. L. 99–570, title III, §3152, Oct. 27, 1986, 100 Stat. 3207–94.)

Alabama

Ala Code § 13A-10-5 : Alabama Code - Section 13A-10-5:

Refusing to aid peace officer

(a) A person commits the crime of refusing to aid a peace officer if, upon command by a peace officer identified to him as such, he fails or refuses to aid such peace officer in:

(1) Effecting or securing a lawful arrest; or

(2) Preventing the commission by another person of any offense.

(b) A person is not liable under this section if the failure or refusal to aid the officer was reasonable under the circumstances. The burden of injecting this issue is on the defendant, but this does not shift the burden of proof.

(c) Refusing to aid a peace officer is a Class C misdemeanor.

Alaska

Title 11. Criminal Law Chapter 56. Offenses Against Public Administration Section 720. Refusing to Assist a Peace Officer or Judicial Officer.

AS 11.56.720. Refusing to Assist a Peace Officer or Judicial Officer.

(a) A person commits the offense of refusing to assist a peace officer or judicial officer if, upon a request, command, or order by someone the person knows to be a peace officer or judicial officer, that person unreasonably fails to make a good faith effort to physically assist the officer in the exercise of official duties.

(b) A person who, without expecting compensation, assists a person in accordance with this section is not liable for civil damages as a result of an act or omission in rendering that assistance. This subsection does not preclude liability for civil damages as a result of reckless, wilful, wanton, or intentional misconduct.

(c) Refusing to assist a peace officer or judicial officer is a violation.

Arizona

13-2403. Refusing to aid a peace officer; classification

A. A person commits refusing to aid a peace officer if, upon a reasonable command by a person reasonably known to be a peace officer, such person knowingly refuses or fails to aid such peace officer in:

1. Effectuating or securing an arrest; or 2. Preventing the commission by another of any offense.

B. A person who complies with this section by aiding a peace officer shall not be held liable to any person for damages resulting therefrom, provided such person acted reasonably under the circumstances known to him at the time.

C. Refusing to aid a peace officer is a class 1 misdemeanor.

Arkansas

2010 Arkansas Code Title 5 - Criminal Offenses Subtitle 5 - Offenses Against The Administration Of Government Chapter 54 - Obstructing Governmental Operations Subchapter 1 - General Provisions § 5-54-109 - Refusing to assist law enforcement officer.

(a) A person commits the offense of refusing to assist a law enforcement officer if, upon command by a person known by him or her to be a law enforcement officer, the person unreasonably refuses or fails to assist in effecting a lawful arrest or preventing another person from committing an offense.

(b) Refusing to assist a law enforcement officer is a Class C misdemeanor. Disclaimer: These codes may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

California

The following penal code was repealed on August 30, 2019 by governor Gavin Newsom with the passage and signing of California State Senate Bill 192. It is no longer a crime to refuse to help a police officer.

Penal Code - Section 142-181

150. Every able-bodied person above 18 years of age who neglects or refuses to join the posse comitatus or power of the county, by neglecting or refusing to aid and assist in taking or arresting any person against whom there may be issued any process, or by neglecting to aid and assist in retaking any person who, after being arrested or confined, may have escaped from arrest or imprisonment, or by neglecting or refusing to aid and assist in preventing any breach of the peace, or the commission of any criminal offense, being thereto lawfully required by any uniformed peace officer, or by any peace officer described in Section 830.1, subdivision (a), (b), (c), (d), (e), or (f) of Section 830.2, or subdivision (a) of Section 830.33, who identifies himself or herself with a badge or identification card issued by the officer's employing agency, or by any judge, is punishable by a fine of not less than fifty dollars ($50) nor more than one thousand dollars ($1,000).

Colorado The following penal code was repealed on July 6, 2021 with the passage and signing of Colorado Senate Bill 21-271.

18-8-107. Refusing to aid a peace officer

A person, eighteen years of age or older, commits a class 1 petty offense when, upon command by a person known to him to be a peace officer, he unreasonably refuses or fails to aid the peace officer in effecting or securing an arrest or preventing the commission by another of any offense.

Colorado Revised Statutes 2013 35 Title 16 16-3-202. Assisting peace officer - arrest - furnishing information - immunity.

(1) A peace officer making an arrest may command the assistance of any person who is in the vicinity. (2) A person commanded to assist a peace officer has the same authority to arrest as the officer who commands his assistance. (3) A person commanded to assist a peace officer in making an arrest shall not be civilly or criminally liable for any reasonable conduct in aid of the officer or for any acts expressly directed by the officer. (4) Private citizens, acting in good faith, shall be immune from any civil liability for reporting to any police officer or law enforcement authority the commission or suspected commission of any crime or for giving other information to aid in the prevention of any crime

30-10-516. Sheriffs to preserve peace - command aid

It is the duty of the sheriffs, undersheriffs, and deputies to keep and preserve the peace in their respective counties, and to quiet and suppress all affrays, riots, and unlawful assemblies and insurrections. For that purpose, and for the service of process in civil or criminal cases, and in apprehending or securing any person for felony or breach of the peace, they, and every coroner, may call to their aid such person of their county as they may deem necessary.

Connecticut

Sec. 53a-167b. Failure to assist a peace officer or firefighter: Class A misdemeanor. (a) A person is guilty of failure to assist a peace officer or firefighter when, commanded by a peace officer or firefighter authorized to command assistance, such person refuses to assist such peace officer or firefighter in the execution of such peace officer's or firefighter's duties.

Delaware

Del Code § 1241 : Delaware Code - Section 1241: Refusing to Aid Police Officer; Class B Misdemeanor

A person is guilty of refusing to aid a police officer when, upon command by a police officer identifiable or identified by the officer as such, the person unreasonably fails or refuses to aid the police officer in effecting an arrest, or in preventing the commission by another person of any offense.

Refusing to aid a police officer is a class B misdemeanor.

Florida

843.06 Neglect or refusal to aid peace officers.

Whoever, being required in the name of the state by any officer of the Florida Highway Patrol, police officer, beverage enforcement agent, or watchman, neglects or refuses to assist him or her in the execution of his or her office in a criminal case, or in the preservation of the peace, or the apprehending or securing of any person for a breach of the peace, or in case of the rescue or escape of a person arrested upon civil process, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Georgia

2010 Georgia Code Title 17 - Criminal Procedure Chapter 4 - Arrest of Persons Article 2 - Arrest by Law Enforcement Officers Generally

§ 17-4-24 - Duty of law enforcement officers to execute penal warrants; summoning of posses O.C.G.A. 17-4-24 (2010) 17-4-24. Duty of law enforcement officers to execute penal warrants; summoning of posses