Legal Definitions - posse

The term posse generally refers to either a potential state of being or a form of power or capability. In a specific and common legal context, it is most frequently encountered as part of the phrase posse comitatus, which describes the authority of a law enforcement officer, typically a sheriff, to enlist the aid of ordinary citizens to maintain public order or enforce the law.

• As a possibility or potential: In this sense, "posse" refers to something that exists in potential but has not yet come into actual existence. It signifies an inherent capability or a future state that could be realized.

  • Example: A pharmaceutical company is investing heavily in research for a new drug. While the drug has not yet been approved or brought to market, its potential to cure a specific disease exists in posse. This illustrates "posse" as a future possibility or inherent potential, something that is not yet actualized but has the capacity to become real.

• As power or ability: This usage refers to the inherent strength, authority, or capacity to act or achieve something.

  • Example: A sovereign nation possesses the posse to enter into international treaties and enforce its borders. This demonstrates "posse" as the inherent power and legal authority that a governing body holds to perform specific actions.

• As Posse Comitatus (the power of the county): This is the most common legal application of the term. It refers to the common law power of a sheriff or other law enforcement officer to summon any able-bodied adult citizen of the county to assist in preserving the peace, making arrests, or executing legal process when the ordinary means of law enforcement are insufficient.

  • Example: Following a major prison break in a rural county, the sheriff, facing a shortage of deputies, invoked the authority of posse comitatus. He called upon local farmers and residents to form a temporary group to assist in searching for the escaped inmates and securing the perimeter. This illustrates "posse" in its specific legal context, where a sheriff mobilizes citizens to aid in law enforcement during an emergency.