Right of Forcible Entry Into Private Dwellings Pursuant to Execution of Arrest Warrant

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In order to arrest under a warrant charging a crime, the officer may break open the door of any house where the offender is concealed.

(Orig. Code 1863, § 4610; Code 1868, § 4632; Code 1873, § 4729; Code 1882, § 4729; Penal Code 1895, § 894; Penal Code 1910, § 915; Code 1933, § 27-205.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 5 Am. Jur. 2d, Arrest, §§ 67 et seq., 92 et seq.

C.J.S.

- 22 C.J.S., Criminal Procedure and Rights of the Accused, § 106 et seq.

ALR.

- Liability of owner or occupant of premises to police officer coming thereon in discharge of officer's duty, 30 A.L.R.4th 81.

ARTICLE 2 ARREST BY LAW ENFORCEMENT OFFICERS GENERALLY

Cross references.

- Arrest powers of campus police and security personnel, § 20-3-72.

Failure to comply with Georgia Peace Officer Standards and Training Act, § 35-8-17.

Appointment of citizen of adjoining state as peace officer, § 35-8-19.

Law reviews.

- For article, "Dead Canaries in the Coal Mines: The Symbolic Assailant Revisited," see 34 Ga. St. U.L. Rev. 513 (2018). For article, "Assessing the Impact of Police Body Camera Evidence on the Litigation of Excessive Force Cases," see 54 Ga. L. Rev. 1 (2019). For note, "You have the Right to Free Speech: Retaliatory Arrests and the Pretext of Probable Cause," see 51 Ga. L. Rev. 607 (2017).

U.S. Code.

- Disposition of criminal cases, 18 U.S.C. § 3165.


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