§ 22-1228. Execution of search warrant without warning or notice – 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.

R.L.1910, § 6066.  Amended by Laws 1990, c. 290, § 3, eff. Sept. 1, 1990; Laws 1999, c. 128, § 1, eff. Nov. 1, 1999.