Originally posted by N. A. Corbier
Now, suppose I order a person to leave my property who is carrying a large backpack. He refuses to comply and keeps walking across my property. "Reasonable non-deadly force", usually meaning minimal force, can be used to prevent trespassing in this case. This can mean blocking his path or even using some sort of gesturing or pointing. Laying hands on the person is normally only justified if the subject is advancing toward you. Suppose this suspect decides to make some really aggressive movements toward you while you're trying to get him to leave and keeps putting his hand in his pocket. At that time, I can use non-deadly force to prevent an assault on myself. That may include pushing him away or using o.c. spray, whichever is necessary. Pursuant to that, a pat down can be done to prevent an assault with a deadly weapon. I would not be allowed to just drive up to a guy and pat him down just because he is on my property though. The basis for the pat down would have to be self protection, not detention for suspicion with a search involved.
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