§ 629.33 — When Force May Be Used to Make Arrest
Plain-Language Summary
An officer can break open a door or window to make an arrest if refused entry after stating their authority, or to free themselves if locked in after entering.
629.33 WHEN FORCE MAY BE USED TO MAKE ARREST.
If a peace officer has informed a defendant that the officer intends to arrest the defendant, and if the defendant then flees or forcibly resists arrest, the officer may use all necessary and lawful means to make the arrest but may not use deadly force unless authorized to do so under section 609.066. After giving notice of the authority and purpose of entry, a peace officer may break open an inner or outer door or window of a dwelling house to execute a warrant if:
(1) the officer is refused admittance;
(2) entry is necessary for the officer’s own liberation; or
(3) entry is necessary for liberating another person who is being detained in the dwelling house after entering to make an arrest.
History:
(10569) RL s 5228; 1978 c 736 s 3; 1985 c 265 art 10 s 1
History: History: (10569) RL s 5228; 1978 c 736 s 3; 1985 c 265 art 10 s 1