Legal Definitions - forcible entry

Forcible entry refers to the act of gaining access to a property, such as a home, building, or land, by using physical force or serious threats against the will of the current occupants or owner. It involves overcoming resistance or physical barriers to enter, often with the intent to take possession or control. This term can also describe authorized entry by emergency services or law enforcement when normal access is unavailable or obstructed, and immediate entry is necessary for safety or official duties.

• Example 1: Unlawful Property Seizure

  After a property dispute, a disgruntled individual, without any legal right or court order, arrives at a vacant house owned by their estranged relative. They use a crowbar to pry open the securely locked back door, causing damage, and then proceed to change the locks, intending to occupy the property. The owner discovers the forced entry upon their next visit.

  This scenario demonstrates forcible entry because the individual used physical force (the crowbar to break open the door) to gain unauthorized access to the property against the owner's will, with the clear intent to take possession.

• Example 2: Emergency Response

  Police officers respond to a 911 call reporting a domestic disturbance with screams heard from inside an apartment. Upon arrival, they find the apartment door locked and no one answering, despite continued sounds of distress. Fearing for the safety of the occupants, the officers kick in the door to gain immediate entry and intervene.

  This is an instance of forcible entry in an authorized context. The police used physical force (kicking in the door) to enter the premises because there was a reasonable belief of an ongoing emergency and a need to protect individuals inside, and normal entry was not possible.