Also known as: ius protegendi · right to protect
Written by attorneys · grounded in primary & secondary sources — see below
A possessory entitlement authorizing the use of reasonable force to safeguard property from unlawful taking or interference. The entitlement limits self-defense claims by actors who know the force is asserted under a claim of right to protect the property.
Luis forces open a storage closet after Dana locks his furniture inside following an eviction dispute. Dana directs maintenance staff to restrain him from removing the items. Luis knows the staff acts on the landlord's behalf to protect the property under a claim of right. His attempt to use force against them fails because the jus protegendi bars self-defense in this setting.
Luis jumps into a company truck loaded with electronics and begins driving away after being fired. Dana leaps onto the running board and pulls him from the cab to stop the theft. Dana's actions rest on the jus protegendi because the company possesses the truck and she acts to protect it under a claim of right.
Select any source to read its text and confirm it supports the definition.
Daniel enters a restricted area of a municipal records office and opens a cabinet to take plans he claims the city owes him. Clerk Olivia grabs his arm and pushes him back while asserting the documents belong to the city. Olivia's force is protected by the jus protegendi because she acts as possessor under a claim of right to safeguard the records.
Deputy Marshal Ortiz arrives with a court order to seize network equipment. Engineer Lee blocks the routers and tries to wheel them away. Ortiz pushes Lee aside to complete the seizure. Ortiz's use of force draws on the jus protegendi because he acts as a public officer performing duties to protect property under a claim of right.
Mark enters a locked shed on a family farm to reclaim a tractor he lent under an ongoing agreement. Luis shoves Mark out believing the tractor was sold. Mark remains the lawful possessor acting under a claim of right, so the jus protegendi prevents Luis from justifying the shove as self-defense.
Security guard Erin blocks Tony at the exit of a merchandise store and grabs his shoulder to inspect a bag for unpaid items. Tony punches her to escape. Erin's force is shielded by the jus protegendi because she acts on behalf of the store possessor under a claim of right to protect the merchandise.
The limitation applies when an actor knows that force is being used by the occupier or possessor of property, or someone acting on that person's behalf, under a claim of right to protect the property. The actor may not respond with force unless a narrow statutory exception applies, such as when the actor is a public officer performing duties or has been unlawfully dispossessed.
Supporting sources
No prior request is required if the actor reasonably believes it would be useless, too dangerous, or that substantial harm to the property would occur before the request could be effective. The exception allows immediate nondeadly force when the circumstances make a warning impractical.
Supporting sources
Yes. A public officer acting in the performance of official duties falls within an explicit exception to the limitation on resisting property-protection force. The officer may use reasonable nondeadly force to complete a lawful seizure without the resistance limitation applying.
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…There is this much truth to the assertion that "procedural rights" are special: The person who has been accorded a procedural right to protect his concrete interests can assert that right without meeting all the normal standards for redressability and immediacy. Thus, under our case law, one living adjacent to the site for…