US Lawyer Database

§ 39-11-707. Procedure for Seizure of Property

Any property subject to forfeiture under this part may be seized by the attorney general, the attorney general’s agents, or any law enforcement officer, when acting pursuant to a lawful arrest or search, the execution of a search warrant, a petition to abate a nuisance, or a court order. When property is seized under this […]

§ 39-11-708. Procedure for Judicial Forfeiture of Property

If real or personal property is subject to forfeiture under this part, the attorney general may initiate an in rem forfeiture proceeding in the circuit, chancery, or general sessions court of the county where the property is located or where the conduct giving rise to forfeiture occurred. If the property is beyond the jurisdiction of […]

§ 39-11-603. Confinement as Justifiable Force

Confinement is justified when force is justified by this part, if the person takes reasonable measures to terminate the confinement as soon as the person knows it can be done safely, unless the individual confined has been arrested for an offense.

§ 39-11-604. Reckless Injury of Innocent Third Person

Even though a person is justified under this part in threatening or using force or deadly force against another, the justification afforded by this part is unavailable in a prosecution for harm to an innocent third person who is recklessly injured or recklessly killed by the use of such force.

§ 39-11-610. Public Duty

Except as qualified by subsections (b) and (c), conduct is justified if the person reasonably believes the conduct is required or authorized by law, by the judgment or order of a competent court or other tribunal, or in the execution of legal process. The following sections of this part control: When force is threatened or […]

§ 39-11-611. Self-Defense

As used in this section, unless the context otherwise requires: “Business” means a commercial enterprise or establishment owned by a person as all or part of the person’s livelihood or is under the owner’s control or who is an employee or agent of the owner with responsibility for protecting persons and property and shall include […]

§ 39-11-612. Defense of Third Person

A person is justified in threatening or using force against another to protect a third person, if: Under the circumstances as the person reasonably believes them to be, the person would be justified under § 39-11-611 in threatening or using force to protect against the use or attempted use of unlawful force reasonably believed to […]

§ 39-11-613. Protection of Life or Health

A person is justified in threatening or using force, but not deadly force, against another, when and to the degree the person reasonably believes the force is immediately necessary to prevent the other from committing suicide or from the self-infliction of serious bodily injury.

§ 39-11-614. Protection of Property

A person in lawful possession of real or personal property is justified in threatening or using force against another, when and to the degree it is reasonably believed the force is immediately necessary to prevent or terminate the other’s trespass on the land or unlawful interference with the property. A person who has been unlawfully […]