Idaho Code
Idaho Code

Idaho Code § 19-4409 (2026)

Service of warrant — Breaking open doors. 

✓ current as of May 2026
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Service of warrant — Breaking open doors. 

The officer may break open any outer or inner door or window of a house, or any part of a house, or any thing therein, to execute the warrant, if, after notice of his authority and purpose, he is refused admittance.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1980–2022 · leading case: Plant v. State, 152 P.3d 629 (Idaho Ct. App. 2006).
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Plant v. State, 152 P.3d 629 (Idaho Ct. App. 2006). · cites it 6× “Admittedly, these allegations do not state particular facts upon which Plant premises his contention that there was a violation of the Fourth Amendment knock and announce rule or Idaho’s knock and announce statute, I.”
State v. Gomez, 623 P.2d 110 (Idaho 1980). · cites it 4× “I.C. § 19-4409; State v. Rauch, 99 Idaho 586 , 586 P.”
State v. Attaway, 870 P.2d 103 (N.M. 1994). · cites it 2× “§ 803-37 (1985); Idaho Code §§ 19-4409 , 4410 (1987); Ind.”
State v. Sorbel, 858 P.2d 814 (Idaho Ct. App. 1993). · cites it 8× “Sorbel argues: (1) that the search warrant was issued without probable cause; (2) that the issuing magistrate was misled by the police; and (3) that the officers executing the warrant failed to comply with I.C. § 19-4409, the knock-and-announce statute.”
Richardson v. Four Thousand Five Hundred Forty-three Dollars, United States Currency, 814 P.2d 952 (Idaho Ct. App. 1991). · cites it 4× “Idaho Code § 19-4409 provides: "The officer may break open any outer or inner door or window of any house, or any part of a house, or any thing therein, to execute the warrant, if, after notice of his authority and purpose, he is refused admittance.”
State v. Ramos, 130 P.3d 1166 (Idaho Ct. App. 2005). · cites it 6× “The district court found that a ten-second delay between the first knock and the forced entry was not enough time for anyone in the home to answer the door. Despite this, the district court held that the quick entry was justified by concern for officer safety and did not violate…”
State v. Ruess, 800 P.2d 103 (Idaho Ct. App. 1990). · cites it 4× “Idaho Code § 19-4409 provides as follows: "[An] officer may break open any outer or inner door or window of a house, or any part of a house, or any thing therein, to execute the warrant, if, after notice of his authority and purpose, he is refused admittance.”
State v. Kofoed, 208 P.3d 278 (Idaho 2009). · cites it 4× “The officer may break open any outer or inner door or window of a house, or any part of a house, or any thing therein, to execute the warrant, if, after notice of his authority and purpose, he is refused admittance.”
Pickett v. Boise Police Dep't (D. Idaho 2022). · cites it 2× “announcing a police presence pursuant to I.C. § 19-4409,” and authorized officers to open closed containers.”
James Neil Moen v. State (Idaho Ct. App. 2014). · cites it 2× “Because the district court 13 should have appointed replacement counsel to assist Moen with the development of this claim, we reverse the judgment summarily dismissing the amended petition and remand the case to the district court to appoint counsel to assist Moen in developing…”
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