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Title 18 — Crimes and Criminal Procedure

Part II · Chapter 205 — Searches and Seizures

§ 3109. Breaking doors or windows for entry or exit

Statutory text

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

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 80–645 · 62 Stat. 683

    Enacted · 18 U.S.C. § 3109

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

    Source evidence

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

0 of 1 references resolved to an enrolled provision · 1 partial

Notes

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.

Credits

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

Parsed from the official OLRC USLM XML in data/usc_all/usc18.xml · release point 119-108 · OLRC build 2026-05-04

USLM identifier /us/usc/t18/s3109