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BREAKING DOORS
(bouvier) | BREAKING DOORS. The act of forcibly removing the fastenings of a house, so
that a person may enter.
2. It is a maxim that every man's house is his castle, and it is
protected from every unlawful invasion. An officer having a lawful process,
of a criminal nature, authorizing him to do so, may break an outer door, if
upon making a demand of admittance it is refused. The house may also be
broken open for the purpose of executing a writ of habere facias
possessionem. 5 Co. 93; Bac. Ab. Sheriff, N 3.
3. The house protects the owner from the service of all civil process
in the first instance, but not, if once lawfully arrested, he takes refuge
in his own house; in that case the officer may pursue him, and break open
any door for the Purpose. Foster, 320; 1 Rolle's R. 138 Cro. Jac. 555. Vide
Door; House.
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