About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

PROPOSED REVISION OF SECTION 3.06 1 (June 3, 1958)

handle is hein.ali/mpc0294 and id is 1 raw text is: Proposed Revision of Section 3.06. Section 3.06. Use of Fc.'ce for the Protection of Property. (1) Circumstances when use of force justifiable. Subject to the provisions of this ' ection and of Section 3.09, the use of force upon or toward the person of, Zother is justifiable when the actor believes that such force is imediately necessary: (a) to prevent or terminate an unlawful entry or other trespass upon land which is in the possession of the actor or which the actor believes to be in the possession of another person by whose authority he acts; or (b) to enter or reenter upon land from which the actor believes that he or another person by whose auhority he acts or a person from whom he or such other person derives title has been unlawfully dis- possessed, provided that (i) the actor further believes that the per-son against whom he uses force has no claim of right to possess the land, and (ii) the circumstances; as the actor believes them to be, are of such urgency that it would not be reasonable to postpone the entry or reentry on the land until a court order is obtained; or (c) to prevent or terminate an unlawful trespass against or to prevent the unlawful carrying away of tangible movable property which is in the possession of the actor or which the actor believes to be in the possession of another person by whose authority he acts; or (d) to retake tangible movable property which the actor believes has been unlawfully taken or detained from him or from another per- son by whose authority he acts, provided that such property was and still is located upon land which is in the possession of the actor or of such other person by whose authority lib acts; or (e) to retake tangible movble property which the actor believes has been unlawfully taken or detained from him or from another person by whose authority he acts or from a person from whom he or such other person derives title) provided that (i) the actor further believes that the person against whom he uses force has no claim of right to take or detain the property, and (ii) either the f'orce is used in cesh pursuit or the cir- cumstances, as the actor believes them to be, are f^uc urgency that it would not be reasonable to postpone the re i og the property until a court order is obtained. I LAW LIBRARY

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most