(A) When making an arrest or executing an arrest warrant or summons in lieu of an arrest warrant, or when executing a search warrant, the peace officer, law enforcement officer, or other authorized individual making the arrest or executing the warrant or summons may break down an outer or inner door or window of a dwelling house or other building, if, after notice of his intention to make the arrest or to execute the warrant or summons, he is refused admittance, but the law enforcement officer or other authorized individual executing a search warrant shall not enter a house or building not described in the warrant.
(B) The precondition for nonconsensual, forcible entry established by division (A) of this section is subject to waiver, as it applies to the execution of a search warrant, in accordance with section 2933.231 of the Revised Code.
Notes of Decisions
Cited in 49
cases (8 in the last 5 years), 1968–2025 · leading case: State v. Bembry (Slip Opinion), 2017 Ohio 8114 (Ohio 2017).
State v. Bembry (Slip Opinion), 2017 Ohio 8114 (Ohio 2017). · cites it 12ד] Criminal law—Once a warrant has been issued, the exclusion of evidence is not the appropriate remedy under Article I, Section 14 of the Ohio Constitution for a violation of the knock-and-announce statute, R.C. 2935.12. (No. 2016-0238—Submitted March 1, 2017—Decided October 10,…”
State v. Valentine, 598 N.E.2d 82 (Ohio Ct. App. 1991). · cites it 18דAppellant filed a motion to suppress on March 29, 1990, asserting that by failing to wait before kicking in the door, Deputy Howard violated R.C. 2935.12 and, therefore, all items seized should be suppressed.”
Payton v. New York, 445 U.S. 573 (1980). · cites it 2דCode § 29-06-14 (1974); Ohio Rev. Code Ann. § 2935.12 (1975); Okla.”
City of Middleburg Heights v. Theiss, 501 N.E.2d 1226 (Ohio Ct. App. 1985). · cites it 6דR.C. 2935.12 provides as follows: “When making an arrest or executing a warrant for the arrest of a person charged with an offense, or a search warrant, the officer making the arrest may break down an outer or inner door or window of a dwelling house or other building, if, after…”
State v. Roper, 500 N.E.2d 353 (Ohio Ct. App. 1985). · cites it 7ד” (A) Alleged violation of R.C. 2935.12. R.C. 2935.12 provides in relevant part as follows: “When * * * executing * * * a search warrant, the officer * * * may break down an outer or inner door or window of a dwelling house or other building, if, after notice of his intention to…”
State v. Attaway, 870 P.2d 103 (N.M. 1994). · cites it 2דCode § 29-29-08 (1991); Ohio Rev.Code Ann. § 2935.12 (Baldwin 1992); Okla.”
State v. Gibson, 843 N.E.2d 224 (Ohio Ct. App. 2005). · cites it 9דual making the arrest or executing the warrant or summons may break down an outer or inner door or window of a dwelling house or other building, if, after notice of his intention to make the arrest or to execute the warrant or summons, he is refused admittance, but the law…”
State v. Gervin, 2016 Ohio 5670 (Ohio Ct. App. 2016). · cites it 4דNonconsensual Entry and/or Violation of Knock and Announce Rule {¶19} In his final argument under this assignment of error, Gervin contends that his trial counsel was ineffective in failing to elicit testimony from law enforcement officers to determine whether they complied with…”
State v. Campana, 678 N.E.2d 626 (Ohio Ct. App. 1996). · cites it 5ד4(D)(3), R.C. 2935.12, and the Fourth and Fourteenth Amendments to the United States Constitution.”
State v. Davis, 609 N.E.2d 174 (Ohio Ct. App. 1992). · cites it 5דAt the hearing on the motion to suppress, defendant argued the police failed to comply with R.C. 2935.12 in executing the arrest warrant.”
City of Strongsville v. Waiwood, 577 N.E.2d 63 (Ohio Ct. App. 1989). · cites it 6ד” Prior to trial, the appellants filed a motion in which they asked the court to declare the appellants’ arrests unlawful because the police did not follow the requirements of R.C. 2935.12 in executing Ann Waiwood’s arrest warrant.”
Wingrove v. Forshey, 230 F. Supp. 2d 808 (S.D. Ohio 2002). · cites it 4דSimilarly, Ohio Rev. Code § 2935.12(A) embodies the principles of the knock and announce rule, and provides that: When .”
Wingrove v. Forshey, 230 F. Supp. 2d 808 (S.D. Ohio 2002). “Similarly, Ohio Rev. Code § 2935.12(A) embodies the principles of the knock and announce rule, and provides that: When .”
State v. Bembry (Slip Opinion), 2017 Ohio 8114 (Ohio 2017). “] Criminal law—Once a warrant has been issued, the exclusion of evidence is not the appropriate remedy under Article I, Section 14 of the Ohio Constitution for a violation of the knock-and-announce statute, R.C. 2935.12. (No. 2016-0238—Submitted March 1, 2017—Decided October 10,…”
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