What is the name of your state (only U.S. law)? KS
Had a chattel stolen and reported it. 2 days later learned where chattel might be and drove through area to see if visible. Chattel was in commons area of apartment with no one around. Chattel was positively ID'd as mine and I took physical possession of it and was calling cops. Then 2 people approached, the now charged thief and his mother. They attempted taking it from me even after announcing it was stolen property, and verbally threatened me. I eventually put it in the back of my truck 10ft away fearing they were about to get more physical. The mother alleges I scratched her leg during encounter. Bike proved to me mine and was returned. I was charged with battery.
Facts supported by evidence, reports, or 911 audio
1. Mother made first contact
2. They were told bike was stolen and I was rightful owner.
3. I was on phone with cops while they were assaulting me
4. The thief lied to cops and confident will lie on the stand but I have a way to prove his lies and discredit him
5. Mom alleges a phone call that said she could have bike. I have subpoena'd her phone records
Case:
1. Possibly a case of self defense but release of the bike might have prevented the outcome. However, it is my property. I have superior possession rights.
2. Defense of property is not available if committing a crime. Have no other charge than battery.
3. Bike was on commons area of apartment. Seems a gray area for trespass due to some "privilege to reclaim chattel" but not sure about notice.
4. Apartment not gated and owner was not present to consent to enter or request I leave.
Questions:
1. The only thing I can be guilty of it trespass so can someone direct me to documents on this? Trespass is not well defined in statute. Only stating that guilt is "knowingly entering on other's property without consent or privilege AND is posted with a sign"
2. How is the property law determined in such case as renters? I realize renters have rights to their own interior spaces, but I have confirmed this area to be "commons" meaning she would not have exclusive right to it.
3. possession law: I cannot find anything in statute to describe this but some civil books indicate physical possession to be higher level than constructive possession.
4. statute for defense of property indicates "when in lawful possession, may use force to stop interference". There is nothing unlawful about picking up my own bike and possessing it. I am trying to substantiate "lawful" though.
All in all, it seems I am missing a novel of either civil or common law code that my state would refer to in a case like this. Statute simply does not cover this stuff. Where can I find this information.
NOTE: I realize many here prefer to attack a poster so I am prepared for that but if you are going to proclaim my guilt, please support it can help me prepare my case.
Had a chattel stolen and reported it. 2 days later learned where chattel might be and drove through area to see if visible. Chattel was in commons area of apartment with no one around. Chattel was positively ID'd as mine and I took physical possession of it and was calling cops. Then 2 people approached, the now charged thief and his mother. They attempted taking it from me even after announcing it was stolen property, and verbally threatened me. I eventually put it in the back of my truck 10ft away fearing they were about to get more physical. The mother alleges I scratched her leg during encounter. Bike proved to me mine and was returned. I was charged with battery.
Facts supported by evidence, reports, or 911 audio
1. Mother made first contact
2. They were told bike was stolen and I was rightful owner.
3. I was on phone with cops while they were assaulting me
4. The thief lied to cops and confident will lie on the stand but I have a way to prove his lies and discredit him
5. Mom alleges a phone call that said she could have bike. I have subpoena'd her phone records
Case:
1. Possibly a case of self defense but release of the bike might have prevented the outcome. However, it is my property. I have superior possession rights.
2. Defense of property is not available if committing a crime. Have no other charge than battery.
3. Bike was on commons area of apartment. Seems a gray area for trespass due to some "privilege to reclaim chattel" but not sure about notice.
4. Apartment not gated and owner was not present to consent to enter or request I leave.
Questions:
1. The only thing I can be guilty of it trespass so can someone direct me to documents on this? Trespass is not well defined in statute. Only stating that guilt is "knowingly entering on other's property without consent or privilege AND is posted with a sign"
2. How is the property law determined in such case as renters? I realize renters have rights to their own interior spaces, but I have confirmed this area to be "commons" meaning she would not have exclusive right to it.
3. possession law: I cannot find anything in statute to describe this but some civil books indicate physical possession to be higher level than constructive possession.
4. statute for defense of property indicates "when in lawful possession, may use force to stop interference". There is nothing unlawful about picking up my own bike and possessing it. I am trying to substantiate "lawful" though.
All in all, it seems I am missing a novel of either civil or common law code that my state would refer to in a case like this. Statute simply does not cover this stuff. Where can I find this information.
NOTE: I realize many here prefer to attack a poster so I am prepared for that but if you are going to proclaim my guilt, please support it can help me prepare my case.
