(1997)

Dear Sheriff Peppersack:

You have requested our opinion whether members of the Sheriff's Office have the authority to enter private property in "gated communities" in order to serve legal process in a civil proceeding.1 Our opinion is that an officer may not use force, threat of force, or threat of arrest to gain entry.

If a deputy sheriff cannot gain entry into a gated community to serve process, the appropriate response will vary, depending on the nature of the process and the circumstances that prevented entry. If the process in question is a summons issued after the filing of a complaint,…