Legal Definitions - rescue

In general terms, rescue refers to the act of saving or freeing someone or something from danger, harm, or a difficult situation. However, in a legal context, the term carries more specific meanings, often referring to unlawful acts.

• Unlawful Freeing from Arrest or Imprisonment: Legally, "rescue" most commonly refers to the forcible and unlawful act of freeing a person who has been lawfully arrested or imprisoned. This act itself is a criminal offense.

  • Example 1: A group of individuals physically confronts police officers who are in the process of arresting a suspect for a crime. They assault the officers and enable the suspect to escape before being placed in the patrol car.

    Explanation: This scenario illustrates rescue because the group forcibly and unlawfully freed a person who was lawfully under arrest. Their actions constitute a separate criminal offense of rescue.

  • Example 2: While a convicted individual is being transported from a courthouse back to a correctional facility, an accomplice ambushes the transport vehicle. The accomplice uses force to subdue the guards and allows the prisoner to flee.

    Explanation: This is an act of rescue because the accomplice forcibly and unlawfully freed an individual who was lawfully imprisoned, making the accomplice's actions a serious crime.

• Forcible Retaking of Lawfully Seized Goods: In property law, "rescue" can also refer to the forcible retaking by an owner of their goods that were lawfully seized by another party, typically due to a legal obligation like unpaid debt or rent (a process known as "distraint").

  • Example 1: A landlord, following proper legal procedures, lawfully seizes a tenant's valuable antique furniture as collateral for several months of unpaid rent. The tenant later breaks into the landlord's secure storage unit and forcibly retrieves the furniture without settling the debt.

    Explanation: This demonstrates rescue in the property context because the tenant forcibly retook goods that had been lawfully seized (distrained) by the landlord due to a legal obligation.

  • Example 2: A local government agency lawfully impounds a commercial delivery van due to its owner's repeated failure to pay road usage taxes and outstanding parking fines. The owner then uses a spare key and a tow truck to forcibly remove the vehicle from the impound lot without settling the outstanding fees.

    Explanation: This is an example of rescue because the owner forcibly retook property (the vehicle) that had been lawfully seized by the authorities for a legitimate reason.