Wash. Rev. Code » Title 10 · Chapter 10.31
Revised Code of Washington

Wash. Rev. Code § 10.31.040 (2026)

Officer may break and enter

✓ current as of May 2026
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(1) To make an arrest in criminal actions, the officer may break open any outer or inner door, or windows of a dwelling house or other building, or any other enclosure, if, after notice of his or her office and purpose, he or she be refused admittance.
(2) An officer may not seek and a court may not issue a search or arrest warrant granting an express exception to the requirement for the officer to provide notice of his or her office and purpose when executing the warrant.
[ 2021 c 320 s 8; 2010 c 8 s 1030; Code 1881 s 1170; 1854 p 129 s 179; RRS s 2082.]
Notes of Decisions
Cited in 86 cases, 1963–2020 · leading case: State v. Thompson, 92 P.3d 228 (Wash. 2004).
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State v. Thompson, 92 P.3d 228 (Wash. 2004). · cites it 7× “Regarding the issue of forcible entry on a civil warrant, the Court of Appeals concluded that the knock and wait statute (RCW 10.31.040) could be applied to the service of such warrant because the deputies involved could not determine whether the warrant was for a criminal or…”
State v. Thompson, 151 Wash. 2d 793 (Wash. 2004). · cites it 7× “Regarding the issue of forcible entry on a civil warrant, the Court of Appeals concluded that the knock and wait statute (RCW 10.31.040) could be applied to the service of such warrant because the deputies involved could not determine whether the warrant was for a criminal or…”
State v. Richards, 962 P.2d 118 (Wash. 1998). · cites it 21× “Petitioner Grant Myron Richards seeks review of a decision of the Court of Appeals, Division One, which affirmed a decision of the King County Superior Court denying his motion to suppress evidence, ruling that police officers executing a valid search warrant were not required…”
State v. Cardenas, 146 Wash. 2d 400 (Wash. 2002). · cites it 6× “Pursuant to RCW 10.31.040, the “knock and announce rule,” police officers are required to knock, announce their identity and purpose, and wait a reasonable period to give occupants opportunity to voluntarily admit them before entering premises without permission.”
State v. Cardenas, 47 P.3d 127 (Wash. 2002). · cites it 6× “040, the "knock and announce rule," police officers are required to knock, announce their identity and purpose, and wait a reasonable period to give occupants opportunity to voluntarily admit them before entering premises without permission.”
Payton v. New York, 445 U.S. 573 (1980). · cites it 2× “1978); Wash. Rev. Code § 10.31.040 (1976). One State has authorized warrantless arrest entries by judicial decision.”
State v. Russell, 611 P.2d 1320 (Wash. Ct. App. 1980). · cites it 11× “Was entry by undercover police officers into the room where Russell was discovered a violation of the "knock and wait" rule of RCW 10.31.040 which requires suppression of the firearm? The record reveals that three undercover police officers were invited into the Lykke apartment…”
State v. Coyle, 621 P.2d 1256 (Wash. 1980). · cites it 6× “After a suppression hearing, the trial court ruled that noncompliance by the police with the "knock-and-wait" statute, RCW 10.31.040, was excused when they entered the motel room where he was located.”
State v. Amezola, 741 P.2d 1024 (Wash. Ct. App. 1987). · cites it 7× “She alleges that the trial court erred (1) in denying her motion to suppress evidence on the ground that the police violated RCW 10.31.040, the "knock and announce" rule, (2) in denying her motions to sever offenses and defendants, (3) in giving the "to-convict" and accomplice…”
State v. Huckaby, 549 P.2d 35 (Wash. Ct. App. 1976). · cites it 11× “They argue that the entry and Ricky Huckaby’s arrest were made in violation of the “knock and announce” rule, RCW 10.31.040, 1 article 1, section 7 of the Washington State Constitution, and the Fourth Amendment.”
State v. Reid, 687 P.2d 861 (Wash. Ct. App. 1984). · cites it 6× “1371 (1980); second, he asserts that the police violated the "knock and announce" rule, as codified in RCW 10.31.040. Both are premised upon an asserted reasonable expectation of privacy in the apartment.”
Ker v. California, 374 U.S. 23 (1963). · cites it 2× “77-13-12; Wash. Rev. Code § 10.31.040 ; Wyo. Comp. Stat.”
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