sec.635Use of force likely to cause damage to enter places

### sec.635 Use of force likely to cause damage to enter places This section applies if a police officer intends to enter a place to arrest or detain someone, or to search a place, or to establish a crime scene. Before the police officer uses force that may cause damage to a place to gain entry to the place, the police officer must, if reasonably practicable— ask the occupier of the place to allow the police officer to enter the place; and give the occupier a reasonable opportunity to allow the entry. It may not be reasonably practicable for a police officer to comply with subsection (2) if, for example— there is an immediate or sudden need to use force because, for example, the person is struggling with a police officer; or there is a reasonable expectation that, if warned, the person may immediately dispose of or destroy evidence; or an immediate search is necessary to protect the safety of any person. s 635 (prev s 328) renum 2000 No. 22 s 22 (sec.635-ssec.1) This section applies if a police officer intends to enter a place to arrest or detain someone, or to search a place, or to establish a crime scene. (sec.635-ssec.2) Before the police officer uses force that may cause damage to a place to gain entry to the place, the police officer must, if reasonably practicable— ask the occupier of the place to allow the police officer to enter the place; and give the occupier a reasonable opportunity to allow the entry. (sec.635-ssec.3) It may not be reasonably practicable for a police officer to comply with subsection (2) if, for example— there is an immediate or sudden need to use force because, for example, the person is struggling with a police officer; or there is a reasonable expectation that, if warned, the person may immediately dispose of or destroy evidence; or an immediate search is necessary to protect the safety of any person. - (a) ask the occupier of the place to allow the police officer to enter the place; and - (b) give the occupier a reasonable opportunity to allow the entry. - (a) there is an immediate or sudden need to use force because, for example, the person is struggling with a police officer; or - (b) there is a reasonable expectation that, if warned, the person may immediately dispose of or destroy evidence; or - (c) an immediate search is necessary to protect the safety of any person.