# Commandeering

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**Commandeering** is an act of [appropriation](/source/Appropriation_(law)) by the [military](/source/Military) or [police](/source/Police) whereby they take possession of the property of a member of the public.

## In the United Kingdom

In the United Kingdom, there is no law that authorises police to commandeer vehicles; however, they may ask drivers to help them when pursuing suspects or responding to urgent calls if no suitable vehicles are available. A parliamentary debate on 31 May 1934 mentions that the [Metropolitan Police Service](/source/Metropolitan_Police) engaged in this practice some 35 times over the preceding year, and reimbursed drivers for repair costs in 3 cases where private vehicles sustained damage while under police use.[1]

## In the United States

In United States law, it also refers to federal government actions which would force a state government to take some action that it otherwise would not take.[2] The US Supreme Court has held that commandeering violates principles designed to prevent either the state or federal governments from becoming too powerful.[3][4] Writing for the majority in 1997 for *[Printz v. United States](/source/Printz_v._United_States)*, Justice [Antonin Scalia](/source/Antonin_Scalia) said, "[t]he Federal Government may neither issue directives requiring the States to address particular problems, nor command the States' officers, or those of their political subdivisions, to administer or enforce a federal regulatory program."[5] States derive their protection from commandeering from the [Tenth Amendment](/source/Tenth_Amendment_to_the_United_States_Constitution).[6]

### Distinction from preemption

The [Congress](/source/United_States_Congress) may enact federal law that supersedes or *[preempts](/source/Federal_preemption)* state law. The distinction between *commandeering* and *preemption* was at issue in *[Murphy v. NCAA](/source/Murphy_v._NCAA)*, a case involving sports betting.[7][8]

In the case of [marijuana legalization](/source/Legality_of_cannabis), federal law *preempts* laws in those states that have authorized its use. The federal government has chosen not to enforce provisions of federal law that apply to otherwise law-abiding adult use in those states. If the Department of Justice were to challenge these state laws, a likely legal objection would be that this is *commandeering*.[6] Challenges to state-level marijuana legalizations in federal court have been unsuccessful for this reason.[9]

## See also

- [Federalism in the United States](/source/Federalism_in_the_United_States)

## References

1. ["Private Motor Cars (Police Use) - Hansard - UK Parliament"](https://hansard.parliament.uk/commons/1934-05-31/debates/eced2fcc-985a-4709-a545-e389f5d94d17/PrivateMotorCars(PoliceUse)). *hansard.parliament.uk*. Retrieved 2025-10-08.

1. ["www.chrisconrad.com/expert.witness/conant.htm"](http://www.chrisconrad.com/expert.witness/conant.htm). October 29, 2002.

1. 1992.

1. 1997.

1. 1997.

1. Schwartz, Davis (March 21, 2013). "High Federalism: Marijuana Legalization and the Limits of Federal Power to Regulate States". *Cardozo Law Review*. **35** (567). [SSRN 2237618](https://ssrn.com/abstract=2237618)

1. de Vogue, Ariane (4 December 2017). ["Chris Christie goes to the Supreme Court on sports betting"](http://www.cnn.com/2017/12/04/politics/christie-scotus-sports-betting/index.html). CNN. Retrieved 4 December 2017.

1. Stern, Mark Joseph (4 December 2017). ["Chris Christie's Big Gamble: The Supreme Court appears poised to let every state authorize sports betting."](http://www.slate.com/articles/news_and_politics/supreme_court_dispatches/2017/12/the_supreme_court_is_skeptical_of_the_ban_on_sports_betting.html). Slate.

1. ["U.S. Supreme Court Rejects States' Challenge to Colorado Marijuana Law"](https://www.governing.com/archive/tns-scotus-marijuana-nebraska-colorado.html). *Governing*. March 21, 2016.

## External links

- ["Can cops really commandeer cars?"](https://www.straightdope.com/21343386/can-cops-really-commandeer-cars). *The Straight Dope*. Apr 25, 2006. Retrieved April 30, 2021.
- Mikkelson, David (April 17, 2001). ["Do You Have to Surrender Your Car to the Police?"](https://www.snopes.com/fact-check/surrender-car-police/). *Snopes.com*. Retrieved April 30, 2021.

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Adapted from the Wikipedia article [Commandeering](https://en.wikipedia.org/wiki/Commandeering) by Wikipedia contributors ([contributor history](https://en.wikipedia.org/wiki/Commandeering?action=history)). Available under [Creative Commons Attribution-ShareAlike 4.0 International](https://creativecommons.org/licenses/by-sa/4.0/). Changes may have been made.