Authority of Officer to Break In

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To make an arrest, either with or without a warrant, the officer may break open any outer or inner door or window of a dwelling house if, after notice of the officer's office, authority and purpose, the officer is refused admittance.

Code 1858, § 5039; Shan., § 6999; Code 1932, § 11538; T.C.A. (orig. ed.), § 40-807.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 1.23, 18.201, 18.203.

Law Reviews.

The Tennessee Bail System — What's the Best Cure? (Michael D. Brent), 8 Mem. St. U.L. Rev. 121.


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