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Kentucky · Snapshot 09/05/2026

KRS 70.180: Breaking and entering for purpose of executing writs.

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Where this section sits in the code
  1. KRS Chapter 70

(1) A sheriff or other officer may, in the execution of a writ of habere facias

possessionem, or writ of seizin, break open either the outer or inner door of a

dwelling or any other house on the premises, during the daytime.

(2) If the outer door of the dwell ing house in which the defendant's property is located

is fastened, the sheriff or other officer levying a fieri facias shall not break open the

outer door to seize the property. But if the outer door is open, the officer may enter

and may break open any i nner door to enable him to reach the property. He may

break open the outer door of any building other than the dwelling house of the

defendant in the execution, to enable him to seize the defendant's property during

the daytime.

(3) The sheriff or other o fficer may break open the outer or any other door of the

dwelling or any other house of a third person in which the property of the defendant

in the execution is fraudulently concealed or kept.

(4) In executing any other civil process, the sheriff or othe r officer has the same power

to break and enter the dwelling or other house of any person, as he has to seize

property under execution.

(5) In executing a writ of habeas corpus or any criminal or penal process requiring an

actual arrest, the sheriff or other officer may break open any door of the dwelling or

other house of the defendant, or any other person, if it is necessary to enable him to

make the arrest.

(6) But if the process does not require an arrest, then the officer has only the powers

given him in the execution of civil process.

Collected 2026-09-05T20:49:32Z. Source file · JSON

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