Oklahoma Statutes

Okla. Stat. tit. 22, § 1228 (2026)

Execution of search warrant without warning or notice –

✓ current as of July 2026

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Forced entry – Exigent circumstances. A peace officer may break open an outer or inner door or window of a house, or any part of the house, or anything therein, to execute the warrant when: 1. The officer has been refused admittance after having first given notice of his authority and purpose; or 2. Pursuant to an instruction inserted in the search warrant by the magistrate that no warning or other notice of entry is necessary because there is reasonable cause to believe that exigent circumstances exist. Exigent circumstances include: a. such warning or other notice would pose a significant danger to human life, b. such warning or other notice would allow the possible destruction of evidence, c. such warning or other notice would give rise to the possibility of resistance or escape, d. such warning or other notice would otherwise inhibit the effective investigation of the crime, or e. such warning or other notice would be futile or a useless gesture. R.L.1910, § 6066. Amended by Laws 1990, c. 290, § 3, eff. Sept. 1, 1990; Laws 1999, c. 128, § 1, eff. Nov. 1, 1999.

Notes of Decisions

Cited in 13 cases (1 in the last 5 years), 1956–2024 · leading case: Brumfield v. State, 2007 OK CR 10 (Okla. Crim. App. 2007).

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Brumfield v. State, 2007 OK CR 10 (Okla. Crim. App. 2007). · cites it 10× “¶ 7 The crux of Brumfield's Proposition I claim is that the manner in which the Antlers police officers executed the warrant to search his home violated the Fourth Amendment's "knock-and-announce" requirement and also 22 O.S.2001, § 1228. Defense counsel filed a motion to…”

DARITY v. State, 2009 OK CR 27 (Okla. Crim. App. 2009). · cites it 8× “2005, § 1230 (providing that search warrants for occupied dwellings may only be served during certain times of the day, unless a magistrate has previously found the circumstances require otherwise).”

State v. Attaway, 870 P.2d 103 (N.M. 1994). · cites it 2× “12 (Baldwin 1992); Okla.Stat.Ann. tit. 22, § 1228 (West 1991); Or.”

Pennington v. State, 302 P.2d 170 (Okla. Crim. App. 1956). · cites it 6× “” 22 O.S.1951 § 1228 reads: “The officer may break open an outer or inner door or window of a house, or any part of the house, or anything therein, to execute the warrant, if, after notice of his authority and purpose he be refused admittance.”

Lacey v. State, 946 N.E.2d 548 (Ind. 2011). · cites it 2× “Code § 29-29-08; Okla Stat. tit. 22, § 1228; Utah Code Ann.”

Erickson v. State, 597 P.2d 344 (Okla. Crim. App. 1979). · cites it 3× “Counsel maintains the search was not executed in compliance with 22 O.S.1971, § 1228, 1 and, thus the fruits of the search were inadmissible.”

Trusdale v. Bell, 85 F. App'x 691 (10th Cir. 2003). “75 at 11-12; see also Okla. Stat. tit. 22, § 1228 (execution of a search warrant without warning or notice).”

Sears v. State, 528 P.2d 732 (Okla. Crim. App. 1974). · cites it 4× “Counsel asserts that the search was not executed in the manner prescribed by law as set forth in 22 O.S.1971, § 1228 which provides that when serving a search warrant: “The officer may break open an outer or inner door or window of a house, or any part of the house, or anything…”

Mills v. State, 594 P.2d 374 (Okla. Crim. App. 1979). “That statute provides: “The officer may break open an outer or inner door or window of a house, or any part of the house, or anything therein, to execute the warrant, if, after notice of his authority and purpose he be refused admittance.” In this case we find there was no…”

Sullivant v. City of Oklahoma City, 1997 OK 68 (Okla. 1997). “22 O.S.1991 § 1228 provides as follows: A peace officer may break open an outer or inner door or window of a house, or any part of the house, or anything therein, to execute the warrant when: 1.”

Dodson v. State, 2006 OK CR 32 (Okla. Crim. App. 2006). “The plain language of Title 22, Section 1222 requires that the object *1057 of the search be currently in the possession of the person or at the location to be searched. It provides that a search warrant may be issued and property seized "upon any of the following grounds:"…”

Davis v. State, 560 P.2d 1051 (Okla. Crim. App. 1977). “In support of their argument the defendants rely on 22 O.S. § 1228 which reads in pertinent part as follows, to-wit: “Officers may break open an outer or inner door .”

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— Okla. Stat. tit. 22, § 1228(1) — 2 cases

Brumfield v. State, 2007 OK CR 10 (Okla. Crim. App. 2007). “¶ 7 The crux of Brumfield's Proposition I claim is that the manner in which the Antlers police officers executed the warrant to search his home violated the Fourth Amendment's "knock-and-announce" requirement and also 22 O.S.2001, § 1228. Defense counsel filed a motion to…”

DARITY v. State, 2009 OK CR 27 (Okla. Crim. App. 2009). “2005, § 1230 (providing that search warrants for occupied dwellings may only be served during certain times of the day, unless a magistrate has previously found the circumstances require otherwise).”

— Okla. Stat. tit. 22, § 1228(2) — 1 case

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