Tennessee Code Annotated

Tenn. Code Ann. § 40-7-107 (2026)

Authority of officer to break in

✓ current as of May 2026
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To make an arrest, either with or without a warrant, the officer may break open any outer or inner door or window of a dwelling house if, after notice of the officer's office, authority and purpose, the officer is refused admittance.

Code 1858, § 5039; Shan., § 6999; Code 1932, § 11538; T.C.A. (orig. ed.), § 40-807.


Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2002–2021 · leading case: State of Tennessee v. Jeffrey K. Shaw, 113 S.W.3d 335 (Tenn. Crim. App. 2002).
State of Tennessee v. Jeffrey K. Shaw, 113 S.W.3d 335 (Tenn. Crim. App. 2002). · cites it 2× “Tennessee Code Annotated section 40-7-107 authorizes entry into a home to effectuate a warrantless arrest or an arrest pursuant to a warrant under certain circumstances.”
State of Tennessee v. Euel Franklin Lockhart (Tenn. Crim. App. 2003). · cites it 8× “On appeal, the defendant argues that the entry into his residence was unconstitutional because the officers did not have his consent, had not been refused entry, see Tenn. Code Ann. § 40-7-107 (“To make an arrest, .”
State of Tennessee v. Jay W. Edwards (Tenn. Crim. App. 2021). · cites it 2× “” T.C.A. § 40-7-107; see also T.C.A. § 40-6-201 (“A warrant of arrest is an order, in writing, stating the substance of the complaint, directed to a proper officer, signed by a magistrate, and commanding the arrest of the defendant.”
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