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Say someone steals my car (or whatever). Am I allowed to trespass to retrieve the car? It shouldn't be trespassing if I am defending my property.

The other question implies eg a store grabbing a shoplifter is illegal, which makes no sense.

raham
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2 Answers2

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No, you are not allowed to break the law (trespassing) to enforce the law.

This boils down to: 'two wrongs don't make a right'.

A law enforcement officer is allowed to enter the property to determine (or to collect the needed information for a prosecuter) if your claim is correct (your car on someone elses property that may have been stolen).

A officer is trained to collect evidence (or secure the area untill someone else does) in a manner acceptable to a court.

The court will consider evidence collected by the law enforcement officials to be impartial and therefore it is in your interest (as a person that is envolved in the matter, thus impartial) to have the police deal with this matter properly.

So what about a bag? If a shoplifter puts an item in their own bag dont you have to violate their property to retrieve it?

No, this would be a violation of Equality before the law or the Golden Rule:

  • Do unto others as you would have them do unto you

and is the backbone of civil code and common law jurasdictions (ius respicit aequitatem) and thus implemented in one form or another.

You must ask yourself the following question:

  • how would you feel, if a compleate stranger came up, grabbed your bag to search for something they claim belongs to them?

Most peaple (including a judge) wouldn't like that at all.

In such cases the police must be called.

In cases of in flagrante delicto a Citizen's arrest for the detainment of the person until the police arrive may be made in most jurisdictions.

Depending on the situation, the police themselfs made need a search warrant.

So the threshold is very high and care must be taken to deal with such situations properly.

Sources:

Mark Johnson
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I am almost certain the answer is yes because otherwise shoplifting would be extremely easy. For example if a shoplifter puts an item in their car or bag or something you would have to assault or burglarize them to get it back. So in the absence of other answers I think you get an easement to retrieve your property.

raham
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