CJS E211 Lecture Notes - Lecture 17: Forcible Entry, Ant-Zen, Sports Car Club Of America
Document Summary
Limitation on rule: a person may never use deadly force to protect real or personal property. Will often merge with other defenses that permit deadly force. May not use it to protect car but are allowed to use moderate, non-deadly force to protect property. Defense of property becomes a self-defense case, authorizing this justification. Clarification: recapture of property - a person may not ordinarily use force to recapture property of which he has been unlawfully dispossessed except if he acts promptly after dispossession. One may follow the dispossessor in hot pursuit in order to recapture his property and if necessary, use non-deadly force in the process. Exception for real property (one"s home/dwelling) defense of habitation (see below for example) The one exception to defense of property rule. Are allowed to defend real property of one"s home/dwelling with deadly force. Law allows person to use deadly force under certain circumstances to protect the home.
