A simple trespasser is an individual who is present on real property without consent of the owner. Property owners have the legal right to eject trespassers under certain specified circumstances.
Most states authorize the ejection of a trespasser if the trespasser is first asked to leave and fails to comply within a reasonable time. 1 The degree of force that can be used to eject the trespasser is reasonable force, under the circumstances. 2 Deadly force is never reasonable to eject a trespasser unless the trespasser threatens imminent deadly force against the defendant or another individual. 3 Deadly force under these circumstances is justified by self-defense or defense of others, not ejection of trespasser.
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