§3109. Breaking doors or windows for entry or exit

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.

(June 25, 1948, ch. 645, 62 Stat. 820 .)

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 sections 618 and 619 were consolidated with minor changes in phraseology but without change of substance.

Canal Zone

Applicability of section to Canal Zone, see section 14 of this title.

Federal Rules of Criminal Procedure

Search warrants and seizures, see rule 41, Appendix to this title.

Cross References

Authority, exceeding in executing warrant, see section 2234 of this title.

Section Referred to in Other Sections

This section is referred to in section 14 of this title.