Okla. Stat. tit. 22, § 22-1228
This is the official text of Okla. Stat. tit. 22, § 22-1228, part of Oklahoma’s Stat. tit. 22, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 22,." Browse the sections below, each linked to its official government source.
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Execution of search warrant without warning or notice –
Official statutory text
Forced entry – Exigent circumstances.
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.
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.
Status: in_force · Read it on the official government site
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