18 U.S.C. § 3109
Section 3109 · Breaking doors or windows for entry or exit
Amended 1 time on record
Applied in 793 court decisions — leading case Payton v. New York (1980)
Most recently applied in United States v. Taeyan Williams (March 2025)
Applied most in the Ninth Circuit Circuit (108 decisions)
Cases citing this section usually also cite 21 U.S.C. § 841 · 18 U.S.C. § 924 · 18 U.S.C. § 922
How often courts cite this section
Court decisions citing this, by year.Markers show enactment and consequential amendments — watch for a citation surge after a change. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute a search warrant, if, after notice of his authority and purpose, he is refused admittance or when necessary to liberate himself or a person aiding him in the execution of the warrant.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §§618, 619 (June 15, 1917, ch. 30, title XI, §§8, 9, 40 Stat. 229).
Said sections 618 and 619 were consolidated with minor changes in phraseology but without change of substance.
Canal Zone
Applicability of section to Canal Zone, see section 14 of this title.
Federal Rules of Criminal Procedure
Search warrants and seizures, see rule 41, Appendix to this title.
Cross References
Authority, exceeding in executing warrant, see section 2234 of this title.