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If a defendant is not tortiously dispossessed of the chattels, no privilege exists. No mistakes can be made. Tortious dispossession: By pickpocket, fraud, duress, shoplifting, etc. Creates a privilege to use reasonable non-deadly force while in hot pursuit only. (No mistakes are allowed as to rights of possession). Demand for return must be made if it is reasonable to do so. Force may only be used against the original dispossessor or a third party in league, but not against an innocent person. One may enter a wrongdoer's property to recover a chattel.
Entry onto land to reclaim a chattel must occur in a reasonable time and manner. Demand is generally required prior to entry. This is a complete privilege, meaning that there is no liability for any harm done to the land in a reasonable exercise of the privilege. Reasonable non-deadly force is permitted under circumstances of recapture of chattel. One may enter the real property of an innocent party to recapture chattels. An incomplete privilege exists where liability extends to damage of the innocent's property while exercising the privilege in a reasonable manner and time. Entry can only be after demand for return is made, if appropriate, ...
