Also known as: recaption · recaptions of chattels · recaptions · self-help repossession
Written by attorneys · grounded in primary & secondary sources — see below
A privilege allowing the use of reasonable force to retake personal property from one who has tortiously dispossessed the actor, provided the actor acts promptly after discovery of the dispossession and first requests surrender unless the request would be futile, dangerous, or likely to defeat the recapture.
Rita Russell rented a slip at Harborview Marina. After a fee dispute the marina chained her boat to the dock without a court order. Late that night Rita returned and began unchaining the vessel. When dockhand Mark grabbed her arms to stop the removal, Rita shoved him aside with nondeadly force and freed the boat. The shove is justified because Rita had been unlawfully dispossessed and was effecting a prompt recaption of her own property.
City inspectors padlocked Omar's shop and removed his cash register and inventory to a municipal warehouse without a court order. Omar asked his friend Sam to go to the warehouse the same day to reclaim the goods. When Inspector Lewis blocked the doorway, Sam used moderate nondeadly force to push past him. The force is not justified because the recaption was attempted by someone other than the person actually dispossessed.
Select any source to read its text and confirm it supports the definition.
Rosa directs a charitable thrift store. Volunteer Maya took a box of donated jewelry and walked out claiming it as compensation. Rosa immediately followed Maya down the block, grabbed her shoulder, and pulled the box away with limited nondeadly force. The force is justified because Rosa acted on behalf of the actual dispossessed owner and used only the force reasonably necessary during fresh pursuit.
An actor may use nondeadly force to recapture chattels when the actor has been unlawfully dispossessed and is making a prompt reentry or recaption that satisfies the requirements of defense-of-property provisions. The force must be immediately necessary, limited to what is reasonable, and used either at the time of dispossession or in fresh pursuit. The actor must generally request surrender first unless a request would be futile or dangerous.
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Yes. Force for recaption is not justified unless the reentry or recaption is made by or on behalf of the person who was actually dispossessed of the property. A third party acting without that connection cannot invoke the privilege even if the taking was wrongful.
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The actor must act promptly after the dispossession or after timely discovery of it. Delayed self-help after the opportunity for fresh pursuit has passed removes the justification and leaves the actor to civil remedies.
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Yes. The actor must first request the other to surrender the chattel unless the actor reasonably believes a request would be useless, dangerous to the actor or a third person, or likely to defeat the effective exercise of the privilege.
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