To retake the person escaping or rescued, the person pursuing may break open an outer or inner door or window of a dwelling house, if, after notice of his intention, he is refused admittance.
Cal. Penal Code § 855
Retaking After an Escape or Rescue
Applied in 3 court decisions — leading case 68 Cal. 2d 299 - People v. Rosales (1968)
Most recently applied in 49 Cal. App. 3d 73 - People v. Bigham (June 1975)
Enacted 1872.
How often courts cite this section
Court decisions citing this, by year. 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.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.