Mich. Comp. Laws » Michigan Compiled Laws / Chapter 764 / Act 175 of 1927
Michigan Compiled Laws

Mich. Comp. Laws § 764.21 (2026)

Right to break open inner or outer door.

✓ current as of July 2026
Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


764.21 Right to break open inner or outer door.

Sec. 21.

    A private person, when making an arrest for a felony committed in his or her presence, or a peace officer or federal law enforcement officer, when making an arrest with a warrant or when making a felony arrest without a warrant as authorized by law, may break open an inner or outer door of a building in which the person to be arrested is located or is reasonably believed to be located if, after announcing his or her purpose, he or she is refused admittance.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17155 ;-- CL 1948, 764.21 ;-- Am. 1987, Act 256, Imd. Eff. Dec. 28, 1987

Notes of Decisions
Cited in 24 cases (4 in the last 5 years), 1965–2026 · leading case: Payton v. New York, 445 U.S. 573 (1980).
Sort: Relevance Newest Treatment
Payton v. New York, 445 U.S. 573 (1980). · cites it 2× “224 ( West 1967 ); Mich. Comp. Laws § 764.21 (1970); Minn. Stat.”
People v. Ortiz, 569 N.W.2d 653 (Mich. Ct. App. 1997). · cites it 10× “§ 764.21; M.S.A. § 28.880, the knock-and-announce statute governing arrests.”
People v. Oliver, 338 N.W.2d 167 (Mich. 1983). · cites it 2× “Using federal decisional rationale for interpreting Michigan's Constitution is not necessarily unsound, but considering the fact that Payton itself, p 598, fn 46, cited Michigan as one of 24 states permitting "warrantless entry into the home to arrest even in the absence of…”
People v. Valot, 189 N.W.2d 873 (Mich. Ct. App. 1971). · cites it 7× “MCLA § 764.21 (Stat Ann 1954 Rev § 28.880).”
People v. Reinhardt, 366 N.W.2d 245 (Mich. Ct. App. 1985). · cites it 4× “The jury instruction given in response to the jury’s question was taken from a combination of MCL 764.21; MSA 28.880 and this Court’s opinion in People v Strelow, 96 Mich App 182 ; 292 NW2d 517 (1980).”
People v. Charles Brown, 204 N.W.2d 41 (Mich. Ct. App. 1972). · cites it 4× “However, the trial court held that the forcible entry was illegal in that it did not conform to MCLA 764.21; MSA 28.880 because there was no *79 declaration by the officer as to his purpose prior to breaking in the door.”
City of Troy v. Ohlinger, 475 N.W.2d 54 (Mich. 1991). “The court approved the application of the emergency doctrine to situations where the police have objective evidence that there is such an emergency: The facts establish the officers’ purpose for entering appellant’s apartment was not a subterfuge to investigate and arrest…”
People v. Strelow, 292 N.W.2d 517 (Mich. Ct. App. 1980). “Defendant, in advancing his position that the *188 arrest was illegal due to the manner of entry, relies on MCL 764.21; MSA 28.880 which provides: "To make an arrest, a private person, if the offense be felony committed in his presence, or a peace officer with a warrant or in…”
People v. Doane, 190 N.W.2d 259 (Mich. Ct. App. 1971). · cites it 2× “4 MCLA § 764.21 (Stat Ann 1954 Rev § 28.880) provides: “To make an arrest, a private person, if the offense be a felony-committed in his presence, or a peace officer with a warrant or in cases of felony when authorized without a warrant, may break open an inner or outer door of…”
People v. Marsh, 311 N.W.2d 130 (Mich. Ct. App. 1981). “The defendant next argues that the trial judge erred in denying his motions to quash the information and to suppress the evidence because the police officers who searched the motel room in which he was apprehended did not comply with the statutory requirements of MCL 764.21; MSA…”
State v. Jones, 503 A.2d 802 (N.H. 1985). “Penal Code, § 1531 (1982); Mich. Comp. Laws Ann. § 764.21 (1982). This court has never before determined whether, under New Hampshire law, a police officer is required to knock and announce prior to entry into a residence.”
People v. Dogans, 182 N.W.2d 585 (Mich. Ct. App. 1970). · cites it 2× “MCLA § 764.21 (Stat Ann 1954 Rev § 28.880).”
Show all 24 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.