Ala. R. Crim. P. 3.12
As amended through March 28, 2024
To execute the warrant, the law enforcement officer may break open any door or window of a house, dwelling, vehicle, or structure, or any part thereof, or anything therein, if, after notice of his authority and purpose, he is not granted admittance.
Ala. R. Crim. P. 3.12
Committee Comments
This rule is taken from Ala. Code 1975, § 15-5-9. It should be clear that it is not necessary to have an affirmative refusal. If no one is present or no answer is made within a reasonable period, the officer may gain entrance to the premises by breaking in if necessary.