Title 18, Crimes and Criminal ProcedureRelease 119-102
§3109 Breaking Doors or Windows for Entry or Exit
Title 18 › PART II — CRIMINAL PROCEDURE › CHAPTER 205 — SEARCHES AND SEIZURES › § 3109
Summary
Officer may break in to execute a search warrant after identifying himself if refused entry or when needed to free someone aiding him.
Full Legal Text
Title 18, §3109
Crimes and Criminal Procedure, Source: USLM XML via OLRC
The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute a search warrant, if, after notice of his authority and purpose, he is refused admittance or when necessary to liberate himself or a person aiding him in the execution of the warrant.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §§ 618, 619 (June 15, 1917, ch. 30, title XI, §§ 8, 9, 40 Stat. 229). Said section 618 and 619 were consolidated with minor changes in phraseology but without change of substance.
Reference
Citations & Metadata
Citation
18 U.S.C. § 3109
Title 18, Crimes and Criminal Procedure
Last Updated
Aug 21, 2026
Release point: 119-102