Minnesota Statutes

Minn. Stat. § 629.33 (2026)

When Force May Be Used To Make Arrest

✓ current as of May 2026

Find cases: SyfertCases citing this section MN-REVrevisor.mn.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar

If a peace officer has informed a defendant that the officer intends to arrest the defendant, and if the defendant then flees or forcibly resists arrest, the officer may use all necessary and lawful means to make the arrest but may not use deadly force unless authorized to do so under section 609.066. After giving notice of the authority and purpose of entry, a peace officer may break open an inner or outer door or window of a dwelling house to execute a warrant if:

(1) the officer is refused admittance;

(2) entry is necessary for the officer's own liberation; or

(3) entry is necessary for liberating another person who is being detained in the dwelling house after entering to make an arrest.

Notes of Decisions

Cited in 5 cases, 1964–1992 · leading case: Schumann v. McGinn, 240 N.W.2d 525 (Minn. 1976).

Sort: Relevance Newest Treatment

Schumann v. McGinn, 240 N.W.2d 525 (Minn. 1976). · cites it 2× “065: § 629.33: "If, after notice of intention to arrest defendant, he shall flee or forcibly resist, the officer may use all necessary means to effect his arrest.”

City of St. Louis Park v. Berg, 433 N.W.2d 87 (Minn. 1988). · cites it 4× “" The omnibus court determined that Anderson and Luse had made a proper entry at the front door but that the forcible, no-knock entry through the back door by the two back-up officers was in violation of Minn.Stat. § 629.33 (1986). Further, the trial court determined that there…”

McGovern v. City of Minneapolis, 480 N.W.2d 121 (Minn. Ct. App. 1992). · cites it 4× “Respondents urge that only literal compliance with the language of Minn.Stat. § 629.33 (1988) (officers may use force to break through a “door” or “window” to execute a warrant) can form the basis of a proper entry.”

Carroll Robinson v. United States, 327 F.2d 618 (8th Cir. 1964). “§ 3109 , which concerns the execution of a search warrant and demands notice; with its suggestion as to state law (see Minn. Stat. Ann. § 629.33 and its requirement of notice); and with all the implications to be drawn from that opinion, certainly indicate that the meager…”

Mattis v. Schnarr, 404 F. Supp. 643 (E.D. Mo. 1975). “§ 220 (West 1967) Minnesota: Minn.Stat.Ann. § 629.33 (1945) Mississippi: Miss.”

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.