California Codes
Cal. Penal Code § 1531 (2026)
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The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute the warrant, if, after notice of his authority and purpose, he is refused admittance.
Notes of Decisions
Cited in 58
cases (1 in the last 5 years), 1967–2021 · leading case: State v. Attaway, 870 P.2d 103 (N.M. 1994).
State v. Attaway, 870 P.2d 103 (N.M. 1994). “§ 13-3916 (1989); Cal. Penal Code § 1531 (West 1982); D.C.Code Ann.”
People v. Henderson, 58 Cal. App. 3d 349 (Cal. Ct. App. 1976). “) (4) Having determined in the case at bench that the search warrant could not be served without announcement of authority and purpose *358 (Pen. Code, § 1531) on the basis of prior judicial authorization, we must next consider whether the officers were acting under the Parsley…”
People v. Cook, 583 P.2d 130 (Cal. 1978). “524 ]; Pen. Code, § 1531). (16) Finally, even if the warrant is both legally sufficient and properly served, the search is unreasonable when it is excessive in intensity or duration.”
Tuttle v. Superior Court, 120 Cal. App. 3d 320 (Cal. Ct. App. 1981). “2d 706 ] (Pen. Code, § 1531).) Magistrates do not have authority to endorse excusal of compliance with Penal Code section 1531 on a search warrant.”
People v. Urziceanu, 2005 Cal. Daily Op. Serv. 8301 (Cal. Ct. App. 2005). “) *790 Penal Code Section 1531 governs the conduct of law enforcement officers when entering a dwelling to conduct a search pursuant to a search warrant: “The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to…”
United States v. Louis C. Andrus, George E. Collett, William J. Lutson, Billy Ray Whittington, & Larry Thomas Whittington, 775 F.2d 825 (7th Cir. 1985). “Cal.Penal Code § 1531 (West 1970). Evidence seized by a state law enforcement officer in violation of the United States Constitution may not be used in a federal prosecution.”
People v. Hoag, 2000 Cal. Daily Op. Serv. 8061 (Cal. Ct. App. 2000). “) Penal Code section 1531 provides: "The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute the warrant, if, after notice of his authority and purpose, he is refused admittance.”
People v. Baldwin, 62 Cal. App. 3d 727 (Cal. Ct. App. 1976). “Similarly, Penal Code section 1531 generally restricts the service of search warrants and has been used to justify the holding that knock-notice cannot be expressly excused where an entry pursuant to a search warrant occurred at night in the absence of emergency conditions…”
People v. Gallo, 127 Cal. App. 3d 828 (Cal. Ct. App. 1981). “Penal Code section 1531 provides: “The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute the warrant, if, after notice of his authority and purpose, he is refused admittance.”
People v. Constancio, 42 Cal. App. 3d 533 (Cal. Ct. App. 1974). “Defendant appealed his conviction claiming error by the trial court in denying his motion to suppress based on lack of strict compliance with the procedural sequences set forth in Penal Code section 1531.”
Davis v. State, 859 A.2d 1112 (Md. 2004). “CAL. Penal Code § 1531 (2000); FLA. STAT.”
People v. Garnett, 6 Cal. App. 3d 280 (Cal. Ct. App. 1970). “The next contention is “The search warrant was not executed in compliance with” Penal Code section 1531. It is urged that prior to entering the building the police did not give notice of their “authority and purpose” as required by that section.”
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