A peace officer may break open an outer or inner door or window of a house, or any part of the house, or anything therein, to execute the warrant when:

1. The officer has been refused admittance after having first given notice of his authority and purpose; or

2. Pursuant to an instruction inserted in the search warrant by the magistrate that no warning or other notice of entry is necessary because there is reasonable cause to believe that exigent circumstances exist. Exigent circumstances include:

a. such warning or other notice would pose a significant danger to human life,

b. such warning or other notice would allow the possible destruction of evidence,

c. such warning or other notice would give rise to the possibility of resistance or escape,

d. such warning or other notice would otherwise inhibit the effective investigation of the crime, or

e. such warning or other notice would be futile or a useless gesture.

Historical Data

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R.L. 1910, § 6066; Amended by Laws 1990, HB 1778, c. 290, § 3, eff. September 1, 1990; Amended by Laws 1999, SB 580, c. 128, § 1, eff. November 1, 1999 (superseded document available).

Citationizer^® Summary of Documents Citing This Document

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Cite	Name	Level
Oklahoma Court of Criminal Appeals Cases
	Cite	Name	Level
	1977 OK CR 81, 560 P.2d 1051,	DAVIS v. STATE	Cited
	1979 OK CR 22, 594 P.2d 374,	MILLS v. STATE	Cited
	1979 OK CR 67, 597 P.2d 344,	ERICKSON v. STATE	Discussed at Length
	1974 OK CR 205, 528 P.2d 732,	SEARS v. STATE	Discussed at Length
	2009 OK CR 27, 220 P.3d 731,	DARITY v. STATE	Discussed
	1956 OK CR 98, 302 P.2d 170,	PENNINGTON v. STATE	Discussed at Length
	2024 OK CR 29, 559 P.3d 894,	STATE v. VELASQUEZ	Discussed at Length
	1953 OK CR 119, 260 P.2d 864, 97 Okl.Cr. 215,	KELSO v. STATE	Discussed
Oklahoma Supreme Court Cases
	Cite	Name	Level
	1997 OK 68, 940 P.2d 220, 68 OBJ 1856,	SULLIVANT v. OKLAHOMA CITY	Discussed at Length

Citationizer: Table of Authority

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Cite	Name	Level
None Found.