Are the police allowed to use forced entry to serve a misdemeanor warrant?

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Are the police allowed to use forced entry to serve a misdemeanor warrant?

Asked on April 25, 2011 under Criminal Law, Indiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The law doesn't distinguish between felony or misdemeanor warrants in this regard.  Forced entry is lawful when the police know (or have reasonable belief) that you are in the house but are hiding or refusing to come out.  As a general rule, they are allowed to go in and get you.  However, most states have specific procedures that police must follow for a forced entry into your home based on warrant.  Since you gsve little by way of the facts, what you should do now is to speak with a criminal defense attorney in your area and go over all of the details.  They can then best advise you of your rights in your specific case.


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