Forced Entry: Legal Implications of Reacting to Unauthorized Car Usage

People often react angrily when someone uses their property without permission. Statistics from the U.S. Department of Housing and Urban Development show a significant increase in homelessness. Many homeless individuals sleep in cars that do not belong to them despite property protection laws.

Sometimes, your reaction can be too much and get you in trouble with the law. In a video, a man reacted angrily to a stranger for sleeping in his car. Some people think the man overreacted and should face battery charges under the property protection laws.

How Can One Be Charged for Battery Per Property Protection Laws?

When you watch the video, you will see that the man was shocked to see someone in his car. How did he get in? He got angry and dragged the stranger out of his car to the floor. Lawyer Ugo Lord commented on the possibility of charging the man with battery, stating that battery involves non-consensual or offensive contact with another person.

The homeless man was sleeping in another man’s vehicle. Since the car owner could not know what was happening inside, he had every right to defend his property based on the property protection laws.

He said the man’s reaction was a defense against battery charges. Because he went into the car and dragged him out in a way that didn’t cause serious bodily injury, so this means the man is not guilty of battery since he was defending his property.

The American Property Protection Laws of Defense

You are allowed by law to use force to defend your property, although each state has its conditions. The property can be anything, including cars. Most States follow the California Criminal Jury Instructions (2010). It states that you are only permitted to use force to defend property if there is a good reason that it is in danger. 

There is an impending threat of theft, damage, or destruction to the property. The Model Penal Code states that the use of force upon or toward the person of another is justified when the actor believes that such force is immediately necessary. 

For example, if you catch someone trying to steal your car, you should use reasonable force to defend your property, just like the car owner in the video per the property protection laws. However, if you use deadly force, you are breaking the law.

How to Stop Trespassers Per The Property Protection Laws

Trespassing is entering someone else’s property without their consent. There are many ways to prevent people from trespassing on your property.

Security Cameras

Install cameras on your property to monitor it effectively. Choose high-quality cameras and position them discreetly to avoid detection. Placing cameras at entrances can also deter trespassing in accordance with property protection laws.

Just be careful that the cameras you install record only visual images, not audio, or you may be breaking both state and federal laws.

Put a Fence

Fencing your property is an excellent way to stop trespassers. But before you do that, talk with your neighbors or others so that you can know the type of fence to do and the height.   

Put Signs

Most people place a “no trespassing” sign on their properties. However, some individuals ignore the sign and enter anyway. That should not concern you. Clear signage ensures that property protection laws support your rights.

Call the Police

If you suspect or catch someone trespassing on your property, calling the police is the safest and easiest method. This avoids the stress of tracking down the trespasser yourself, though there may be delays in response times.

Conclusion

There is no reason why you should use someone’s property without their consent. Unless you have a good relationship with the person or you are related. On the other hand, if you catch someone using your stuff without permission, react appropriately because one little mistake would land you in big trouble with the property protection laws.