reglab/housing_qa huggingface dataset:
MT Code § 46-6-401 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 4. Arrest by a Peace Officer|46-6-401. Renumbered 46-6-210

  46-6-401. Renumbered 46-6-210. Code Commissioner, 1991.
MT Code § 46-6-402 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 4. Arrest by a Peace Officer|46-6-402. Assisting a peace officer

  46-6-402. Assisting a peace officer. (1) A peace officer making a lawful arrest may command the aid of persons 18 years of age or older.   (2) A person commanded to aid a peace officer in making an arrest:   (a) has the same authority to arrest as that officer; and   (b) is not civilly liable for any reasonable conduct in aid of the officer.   History: En. 95-609 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 60, Ch. 535, L. 1975; R.C.M. 1947, 95-609; amd. Sec. 38, Ch. 800, L. 1991.
MT Code § 46-6-403 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 4. Arrest by a Peace Officer|46-6-403. Renumbered 46-6-313

  46-6-403. Renumbered 46-6-313. Code Commissioner, 1991.
MT Code § 46-6-404 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 4. Arrest by a Peace Officer|46-6-404. Renumbered 46-6-310

  46-6-404. Renumbered 46-6-310. Code Commissioner, 1991.
MT Code § 46-6-405 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 4. Arrest by a Peace Officer|46-6-405. through 46-6-410 reserved

  46-6-405 through 46-6-410 reserved.
MT Code § 46-6-411 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 4. Arrest by a Peace Officer|46-6-411. Assisting officer of another state

  46-6-411. Assisting officer of another state. (1) Any peace officer of another state, of the United States, or of the District of Columbia who enters this state in close pursuit of a person in order to arrest the person has the same authority to arrest and hold the person in custody as peace officers of this state have to arrest and hold in custody a person on the ground that the person has committed a crime in this state.   (2) If an arrest is made in this state by an officer of another state, of the United States, or of the District of Columbia, the officer shall without unnecessary delay take the arrested person before a judge of a court of record, who shall conduct a hearing for the sole purpose of determining if the arrest was in accordance with the provisions of subsection (1) and not for the purpose of determining the guilt or innocence of the arrested person.   (3) If the judge determines that the arrest was in accordance with subsection (1), the judge shall commit the arrested person to the custody of the officer making the arrest, who shall without unnecessary delay take the arrested person to the state from which that person fled. If the judge determines that the arrest was unlawful, the judge shall discharge the person arrested.   (4) This section may not be construed to make unlawful any arrest in this state that would otherwise be lawful.   History: En. 95-619 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-619(part); amd. Sec. 39, Ch. 800, L. 1991.
MT Code § 46-6-412 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 4. Arrest by a Peace Officer|46-6-412. Arrest by United States customs and border protection officer or immigration and customs enforcement officer

  46-6-412. Arrest by United States customs and border protection officer or immigration and customs enforcement officer. A United States customs and border protection officer or immigration and customs enforcement officer may make an arrest without a warrant if the officer is on duty and one or more of the following situations exist:   (1) A person commits or attempts to commit an offense in the officer's presence.   (2) The officer believes on reasonable grounds that the person is committing an offense or that the person committed an offense and the circumstances require the person's immediate arrest.   (3) The officer believes on reasonable grounds that a warrant for the person's arrest has been issued in this state.   (4) The officer believes on reasonable grounds that a felony warrant for the person's arrest has been issued in another jurisdiction.   History: En. Sec. 1, Ch. 107, L. 1983; amd. Sec. 1736, Ch. 56, L. 2009; amd. Sec. 25, Ch. 19, L. 2011.
MT Code § 46-6-413 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 4. Arrest by a Peace Officer|46-6-413. through 46-6-419 reserved

  46-6-413 through 46-6-419 reserved.
MT Code § 46-6-420 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 4. Arrest by a Peace Officer|46-6-420. Arrest, citation, or stop quotas prohibited

  46-6-420. Arrest, citation, or stop quotas prohibited. (1) A state or local government agency employing a peace officer may not adopt and require a peace officer to comply with a quota and may not suggest a quota for arrests, citations, or investigative stops for any criminal offense or class of criminal offenses, including violations of traffic or motor vehicle laws, contained in state law, an administrative rule adopted by an agency of the state government, or a local government ordinance.   (2)  For purposes of this section, "quota" means a specific number of arrests, citations, or investigative stops.   History: En. Sec. 1, Ch. 242, L. 2005; amd. Sec. 5, Ch. 244, L. 2007.
MT Code § 46-6-421 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 4. Arrest by a Peace Officer|46-6-421. Renumbered 46-6-601

  46-6-421. Renumbered 46-6-601. Code Commissioner, 1991.
MT Code § 46-6-422 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 4. Arrest by a Peace Officer|46-6-422. Renumbered 46-6-602

  46-6-422. Renumbered 46-6-602. Code Commissioner, 1991.
MT Code § 46-6-501 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 5. Arrest by a Private Person|46-6-501. Repealed

  46-6-501. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-611.1 by Sec. 1, Ch. 274, L. 1974; R.C.M. 1947, 95-611.1.
MT Code § 46-6-502 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 5. Arrest by a Private Person|46-6-502. Arrest by private person

  46-6-502. Arrest by private person. (1) A private person may arrest another when there is probable cause to believe that the person is committing or has committed an offense and the existing circumstances require the person's immediate arrest. The private person may use reasonable force to detain the arrested person.   (2) A private person making an arrest shall immediately notify the nearest available law enforcement agency or peace officer and give custody of the person arrested to the officer or agency.   History: En. 95-611 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 3, Ch. 274, L. 1974; R.C.M. 1947, 95-611(part); amd. Sec. 40, Ch. 800, L. 1991; amd. Sec. 8, Ch. 332, L. 2009.
MT Code § 46-6-503 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 5. Arrest by a Private Person|46-6-503. Repealed

  46-6-503. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-611 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 3, Ch. 274, L. 1974; R.C.M. 1947, 95-611(part).
MT Code § 46-6-504 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 5. Arrest by a Private Person|46-6-504. Repealed

  46-6-504. Repealed. Sec. 1, Ch. 205, L. 1987.   History: En. 95-611.2 by Sec. 2, Ch. 274, L. 1974; R.C.M. 1947, 95-611.2.
MT Code § 46-6-505 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 5. Arrest by a Private Person|46-6-505. Custody by peace officer

  46-6-505. Custody by peace officer. A peace officer who, pursuant to law, takes custody of a person arrested by a private citizen shall proceed in accordance with 46-6-104 and 46-6-312 and as otherwise provided by law.   History: En. Sec. 41, Ch. 800, L. 1991.
MT Code § 46-6-506 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 5. Arrest by a Private Person|46-6-506. Temporary detention by merchant -- liability

  46-6-506. Temporary detention by merchant -- liability. (1) A merchant, as defined in 30-11-301, who has reason to believe that a person has committed or is in the process of committing the offense of theft may stop and temporarily detain that person. The merchant:   (a) shall promptly inform the person that the stop is for investigation of shoplifting and that upon completion of the investigation, the person will be released or turned over to the custody of a peace officer;   (b) may demand the person's name and present or last address and question the person in a reasonable manner for the purpose of ascertaining whether or not the person is guilty of shoplifting;   (c) may take into possession any merchandise for which the purchase price has not been paid and that is in the possession of the person or has been concealed from full view; and   (d) may detain the person or request the person to remain on the premises until a peace officer arrives.   (2) A stop, detention, questioning, or recovery of merchandise under this section must be done in a reasonable manner and time. Unless evidence of concealment is obvious and apparent to the merchant, this section does not authorize a search of the detained person other than a search of the person's coat or other outer garments and any package, bag, or other container. After the purpose of a stop has been accomplished or 30 minutes have elapsed, whichever occurs first, the merchant shall allow the person to go unless the person is arrested and turned over to the custody of a peace officer.   (3) A merchant stopping, detaining, or arresting a person on the belief that the person is shoplifting is not liable for damages to the person unless the merchant acts in a manner contrary to this section.   (4) As used in this section, the following definitions apply:   (a) "Concealment" means any act or deception done purposely or knowingly upon or outside the premises of a wholesale or retail store or other mercantile establishment, with the intent to deprive the merchant of all or part of the value of the merchandise. The following acts or deceptive conduct is prima facie evidence of concealment:   (i) concealing merchandise upon the person or in a container or otherwise removing merchandise from full view while upon the premises;   (ii) removing, changing, or altering a price tag;   (iii) transferring or moving any merchandise upon the premises to obtain a lower price than the merchandise was offered for sale for by the merchant; or   (iv) abandoning or disposing of any merchandise in such a manner that the merchant will be deprived of all or part of the value of the merchandise.   (b) "Shoplifting" means the theft of any goods offered for sale by a wholesale or retail store or other mercantile establishment.   History: En. Sec. 1, Ch. 180, L. 1993.
MT Code § 46-6-507 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 5. Arrest by a Private Person|46-6-507. Arrest by probation and parole officer

  46-6-507. Arrest by probation and parole officer. A probation and parole officer who, while in the course of conducting the officer's duties, has a reasonable suspicion that a person is interfering or will interfere with the officer's duties or has probable cause to believe that the person is committing or has committed an offense may detain the person. The probation and parole officer shall immediately notify the nearest available law enforcement agency or peace officer, and the law enforcement agency or peace officer shall either take the person into custody or release the person.   History: En. Sec. 4, Ch. 386, L. 2003.
MT Code § 46-6-601 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 6. Domestic Violence Provisions|46-6-601. Written report when no arrest made in domestic violence situation

  46-6-601. Written report when no arrest made in domestic violence situation. When a peace officer is called to the scene of a reported incident of domestic violence but does not make an arrest, the peace officer shall file a written report with the officer commanding the law enforcement agency employing the peace officer, setting forth the reason or reasons for the decision.   History: En. Sec. 2, Ch. 700, L. 1985; amd. Sec. 36, Ch. 800, L. 1991; Sec. 46-6-421, MCA 1989; redes. 46-6-601 by Code Commissioner, 1991.
MT Code § 46-6-603 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 6. Domestic Violence Provisions|46-6-603. Partner or family member assault -- seizure of weapon

  46-6-603. Partner or family member assault -- seizure of weapon. (1) A peace officer who responds to a call relating to partner or family member assault shall seize the weapon used or threatened to be used in the alleged assault.   (2) The responding officer may, as appropriate:   (a) take reasonable action necessary to provide for the safety of a victim and any other member of the household;   (b) transport or arrange for the transportation of the victim and any other member of the household to a safe location; and   (c) assist a victim and any other member of the household to remove necessary personal items.   (3) A weapon seized under this section may not be returned to the offender until acquittal or until the return is ordered by the court.   History: En. Sec. 19, Ch. 350, L. 1995.
MT Code § 46-7-101 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 7. Initial Appearance of Arrested Person|Part 1. General Provisions|46-7-101. Appearance of arrested person -- use of two-way electronic audio-video communication

  46-7-101. Appearance of arrested person -- use of two-way electronic audio-video communication. (1) A person arrested, whether with or without a warrant, must be taken without unnecessary delay before the nearest and most accessible judge for an initial appearance.   (2) A defendant's initial appearance before a judge may, in the discretion of the court, be satisfied either by the defendant's physical appearance before the court or by two-way electronic audio-video communication. The audio-video communication must operate so that the defendant and the judge can see each other simultaneously and converse with each other and so that the defendant and the defendant's counsel, if any, can communicate privately. A judge may order a defendant's physical appearance in court for an initial appearance hearing.   History: En. 95-901 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-901; amd. Sec. 1, Ch. 710, L. 1991; amd. Sec. 87, Ch. 800, L. 1991; amd. Sec. 1737, Ch. 56, L. 2009.
MT Code § 46-7-102 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 7. Initial Appearance of Arrested Person|Part 1. General Provisions|46-7-102. Duty of court

  46-7-102. Duty of court. (1) The judge shall inform the defendant:   (a) of the charge or charges against the defendant;   (b) of the defendant's right to counsel;   (c) of the defendant's right to have counsel assigned by a court of record in accordance with the provisions of 46-8-101;   (d) of the general circumstances under which the defendant may obtain pretrial release;   (e) of the defendant's right to refuse to make a statement and the fact that any statement made by the defendant may be offered in evidence at the defendant's trial;   (f) that conviction may result in the loss of various rights regarding firearms under state and federal law; and   (g) of the defendant's right to a judicial determination of whether probable cause exists if the charge is made by a complaint alleging the commission of a felony.   (2) The judge shall admit the defendant to bail as provided by law.   History: En. 95-902 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-902(part); amd. Sec. 88, Ch. 800, L. 1991; amd. Sec. 1, Ch. 129, L. 1997; amd. Sec. 1, Ch. 346, L. 1999; amd. Sec. 2, Ch. 309, L. 2003.
MT Code § 46-7-103 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 7. Initial Appearance of Arrested Person|Part 1. General Provisions|46-7-103. Renumbered 46-10-105

  46-7-103. Renumbered 46-10-105. Code Commissioner, 1991.
MT Code § 46-8-101 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 8. Right to Counsel|Part 1. Extent of Right -- Indigency Repayment of Costs|46-8-101. Right to counsel

  46-8-101. Right to counsel. (1) During the initial appearance before the court, every defendant must be informed of the right to have counsel and must be asked if the aid of counsel is desired.   (2) Except as provided in subsection (3), if the defendant desires assigned counsel because of financial inability to retain private counsel and the offense charged is a felony or the offense is a misdemeanor and incarceration is a sentencing option if the defendant is convicted, the court shall order the office of state public defender, provided for in 2-15-1029, to assign counsel to represent the defendant without unnecessary delay pending a determination of eligibility under the provisions of 47-1-111.   (3) If the defendant desires assigned counsel because of financial inability to retain private counsel and the offense charged is a misdemeanor and incarceration is a sentencing option if the defendant is convicted, during the initial appearance the court may order that incarceration not be exercised as a sentencing option if the defendant is convicted. If the court so orders, the court shall inform the defendant that the assistance of counsel at public expense through the office of state public defender is not available and that time will be given to consult with an attorney before a plea is entered. If incarceration is waived as a sentencing option, a public defender may not be assigned.   History: En. 95-1001 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1001; amd. Sec. 1, Ch. 415, L. 1981; amd. Sec. 63, Ch. 800, L. 1991; amd. Sec. 40, Ch. 449, L. 2005; amd. Sec. 2, Ch. 344, L. 2011; amd. Sec. 14, Ch. 358, L. 2017.
MT Code § 46-8-102 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 8. Right to Counsel|Part 1. Extent of Right -- Indigency Repayment of Costs|46-8-102. Waiver of counsel

  46-8-102. Waiver of counsel. A defendant may waive the right to counsel when the court ascertains that the waiver is made knowingly, voluntarily, and intelligently.   History: En. 95-1002 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1002; amd. Sec. 2, Ch. 386, L. 1979; amd. Sec. 64, Ch. 800, L. 1991.
MT Code § 46-8-103 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 8. Right to Counsel|Part 1. Extent of Right -- Indigency Repayment of Costs|46-8-103. Duration of assignment

  46-8-103. Duration of assignment. (1) When counsel has been assigned, the assignment is effective until final judgment, including any proceeding upon direct appeal to the Montana supreme court, unless relieved by order of the court that assigned counsel or that has jurisdiction over the case.   (2) If counsel determines that an appeal would be frivolous or wholly without merit, counsel shall file a motion with the court requesting permission to withdraw. The motion must attest that counsel has concluded that an appeal would be frivolous or wholly without merit after reviewing the entire record and researching applicable statutes, case law, and rules and that the defendant has been advised of counsel's decision and of the defendant's right to file a response. The motion to withdraw must be accompanied by a memorandum discussing any issues that arguably support an appeal. The memorandum must include a summary of the procedural history of the case and any jurisdictional problems with the appeal, together with appropriate citations to the record and to the pertinent statutes, case law, and procedural rules bearing upon each issue discussed in the memorandum. Upon filing the motion and memorandum with the court, counsel's certificate of mailing must certify that copies of each filing were mailed to the local county attorney, the attorney general's office, and the defendant. The defendant is entitled to file a response with the court.   History: En. 95-1003 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1003; amd. Sec. 65, Ch. 800, L. 1991; amd. Sec. 1, Ch. 19, L. 2003.
MT Code § 46-8-104 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 8. Right to Counsel|Part 1. Extent of Right -- Indigency Repayment of Costs|46-8-104. Assignment of counsel after trial -- definition

  46-8-104. Assignment of counsel after trial -- definition. (1) Any court of record may order the office of state public defender, provided for in 2-15-1029, to assign counsel, subject to the provisions of the Montana Public Defender Act, Title 47, chapter 1, to represent any petitioner or appellant in any postconviction action or proceeding brought under Title 46, chapter 21, if the petitioner or appellant is eligible for the appointment of counsel and:   (a) the district court determines that a hearing on the petition is required pursuant to 46-21-201;   (b) the office of state public defender requests appointment of a public defender and demonstrates good cause for the appointment;   (c) a statute specifically mandates the appointment of counsel;   (d) the petitioner or appellant is clearly entitled to counsel under either the United States or Montana constitution; or   (e) extraordinary circumstances exist that require the appointment of counsel to prevent a miscarriage of justice.   (2) An appointment of counsel made in the interests of justice, as provided in 46-21-201(2), may be made only when extraordinary circumstances exist.   (3) As used in this section, "extraordinary circumstances" includes those in which the petitioner or appellant does not have access to legal materials or has a physical or mental condition or limitation that prevents the petitioner or appellant from reading or writing in English.   History: En. 95-1004 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1004; amd. Sec. 41, Ch. 449, L. 2005; amd. Sec. 1, Ch. 417, L. 2007; amd. Sec. 15, Ch. 358, L. 2017.
MT Code § 46-8-105 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 8. Right to Counsel|Part 1. Extent of Right -- Indigency Repayment of Costs|46-8-105. through 46-8-110 reserved

  46-8-105 through 46-8-110 reserved.
MT Code § 46-8-111 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 8. Right to Counsel|Part 1. Extent of Right -- Indigency Repayment of Costs|46-8-111. Repealed

  46-8-111. Repealed. Secs. 74, 80(2), Ch. 449, L. 2005.   History: En. Sec. 2, Ch. 415, L. 1981; amd. Sec. 1, Ch. 479, L. 1987; amd. Sec. 66, Ch. 800, L. 1991.
MT Code § 46-8-112 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 8. Right to Counsel|Part 1. Extent of Right -- Indigency Repayment of Costs|46-8-112. Repealed

  46-8-112. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. Sec. 3, Ch. 415, L. 1981.