§ 1582.Officer May Break Into Buildings

Chapter 31: Replevin · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceAuthorizes a sheriff executing a replevin order of delivery to break open a building or enclosure where the claimed property is hidden, but only after demanding entry and the property's delivery and being refused.

Full Text of § 1582

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The sheriff or other officer, in the execution of the order of delivery, may break open any building or inclosure in which the property claimed, or any part thereof, is concealed, but not until he has been refused an entrance into said building or inclosure and the delivery of the property, after having demanded the same.

End

Amendment History

R.L. 1910, § 4809.

Plain-English Summary

Section 1582 gives the executing officer a limited right of forced entry. If the property named in the order is concealed inside a building or enclosure, the sheriff can break it open -- but only after first demanding entry and delivery of the property and being refused.

Frequently Asked Questions

Can a sheriff break into a building to seize replevied property?

Yes, but only after demanding entry into the building and delivery of the property, and being refused.

Does the sheriff need a separate warrant to break in?

The statute itself authorizes the forced entry once the demand-and-refusal condition is met, tied to executing the order of delivery.

Can the officer break in right away without asking first?

No, the statute allows breaking open the building only after the officer has demanded entry and delivery of the property and been refused.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source

Also known as: sheriff break into building replevin oklahoma12 O.S. § 1582forcing entry to seize replevin propertydemand and refusal before breaking in replevin