Also known as: rescues · rescued · rescuing · rescous · rescussu · resceit · rescuer · rescuers · recaption · interference with arrest
Written by attorneys · grounded in primary & secondary sources — see below
The forcible retaking of a chattel by its owner from one who has tortiously taken it without claim of right or by force or duress. The privilege requires prompt action after dispossession, a prior request for return unless futile or dangerous, and force no greater than reasonably necessary to regain possession.
Rita Russell returned to the warehouse from which she had been forcibly ejected the previous day. She encountered the new occupant using force to bar her entry. Rita used reasonable nondeadly force to regain access because she had been unlawfully dispossessed and her reentry was otherwise justified.
Renee Rogers discovered that her neighbor had removed her lawn equipment from her yard without permission. When she attempted to retrieve the items, the neighbor resisted. Renee employed only the force necessary to retake the equipment because the recaption was made on behalf of the person actually dispossessed.
Select any source to read its text and confirm it supports the definition.
Rajesh Rao found his tools in the possession of a contractor who had taken them during a disputed job. Rao demanded their return and, upon refusal, used minimal force to recover them. The recaption was made by the person who had actually been dispossessed, satisfying the conditions for justified force.
Robert Reyes discovered his neighbor had taken his power tools without permission. He located the items the next morning and demanded their return. When refused, Reyes used only the force necessary to recover them because prompt action preserved the recaption privilege.
Susan Simmons found her bicycle in a stranger's garage after it had been removed by force. She first requested its return and, upon refusal, employed reasonable force to retake it because the taking had occurred without claim of right.
Thomas Torres learned his contractor had removed building materials from his site. After a timely demand proved futile, Torres used minimal force to regain possession because the recaption satisfied the requirements of prompt action and reasonable means.
Force is justifiable when the actor has been unlawfully dispossessed and the recaption satisfies the conditions of Section 3.06. The actor must act on behalf of the person actually dispossessed and the force must be otherwise justified.
Yes. The actor must first request the other party to surrender the chattel unless the actor reasonably believes a request would be useless, dangerous, or likely to defeat the privilege.
The force must be no greater than reasonably necessary to regain possession. Excess force subjects the actor to liability for any resulting harm.
Yes. The privilege is lost if the actor delays after discovering the dispossession, because prompt action is required to prevent the privilege from expiring.
…congressional legislation and cases thereunder. See generally, Hogan & Snee, The McNabb-Mallory Rule: Its Rise, Rationale and Rescue, 47 Geo. L. J. 1 (1958). [^maj-33]: The decisions of this Court have guaranteed the same procedural protection for the defendant whether his confession was used in a federal or state…