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 nearly 2,700 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.



Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?