22 O.S. §1228 (OSCN 1999)

Oklahoma Statutes
Cite As: 22 O.S. §1228 (OSCN 1999)

Title 22. Criminal Procedure.

SUPERSEDED

Superseded Effective November 01,1999

Chapter 24
§1228. Breaking of Windows and Doors in Executing the Warrant

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 probable cause to believe that such warning or other notice would pose a significant danger to human life.

Historical Data

R.L. 1910, § 6066. Amended by Laws 1990, c. 290, § 3, eff. Sept. 1, 1990tempmarker