reglab/housing_qa huggingface dataset:
MT Code § 46-5-606 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 6. Electronic Communications|46-5-606. Rules of construction

  46-5-606. Rules of construction. (1) Except as expressly provided, nothing in this part may be construed to limit an electronic communication service or any other party from disclosing information about a request issued by a governmental entity for electronic communication information.   (2) Nothing in 46-5-602 and 46-5-605 may be construed to limit the authority of a governmental entity to use a subpoena authorized under the laws of this state to require an entity that provides electronic communication services to its own officers, directors, employees, or agents for the purpose of carrying out their duties to disclose to the governmental entity the contents of an electronic communication to or from an officer, director, employee, or agent of the entity if the electronic communication is held, stored, or maintained on an electronic communication service owned or operated by the entity.   (3) Nothing in this part may be construed to limit a governmental entity's ability to use, maintain, or store information on its own electronic communication service or to disseminate information stored on its own electronic communication service.   History: En. Sec. 4, Ch. 246, L. 2017.
MT Code § 46-5-607 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 6. Electronic Communications|46-5-607. Admissibility of proof -- violations

  46-5-607. Admissibility of proof -- violations. (1) Except as proof of a violation of this part, evidence obtained in violation of this part is not admissible in a civil, criminal, or administrative proceeding and may not be used in an affidavit in an effort to obtain a search warrant or court order.   (2) The attorney general may apply for an injunction or commence a civil action against any governmental entity to compel compliance with the terms of this part.   History: En. Sec. 5, Ch. 246, L. 2017.
MT Code § 46-5-608 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 6. Electronic Communications|46-5-608. through 46-5-611 reserved

  46-5-608 through 46-5-611 reserved.
MT Code § 46-5-612 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 6. Electronic Communications|46-5-612. Standing to challenge warrant or investigative subpoena

  46-5-612. Standing to challenge warrant or investigative subpoena. Providers of an electronic communication service subject to a warrant or other legal process under this part have standing to challenge a warrant or other legal process that is inconsistent with this part, any other statute or law, or the state or federal constitution.   History: En. Sec. 6, Ch. 246, L. 2017.
MT Code § 46-5-613 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 6. Electronic Communications|46-5-613. No cause of action against providers

  46-5-613. No cause of action against providers. No cause of action shall lie in any court against any provider of an electronic communication service, its officers, employees, or agents, or other specified persons for providing information or assistance in accordance with the terms of this part.   History: En. Sec. 7, Ch. 246, L. 2017.
MT Code § 46-5-614 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 6. Electronic Communications|46-5-614. Voluntary disclosure of electronic communications

  46-5-614. Voluntary disclosure of electronic communications. Nothing in this part prohibits the voluntary disclosure of electronic communication information by a provider of an electronic communication service or any other entity when the disclosure is not otherwise prohibited by law, including but not limited to when:   (1) the provider first obtains the lawful consent of the subscriber or customer, the originator, an addressee, or the intended recipient of the electronic communication; or   (2) the provider, in good faith, believes that an emergency involving danger, death, or serious physical injury to a person requires disclosure without delay of communications relating to the emergency.   History: En. Sec. 8, Ch. 246, L. 2017.
MT Code § 46-6-101 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 1. General Provisions|46-6-101. Repealed

  46-6-101. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-601 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-601.
MT Code § 46-6-102 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 1. General Provisions|46-6-102. Persons exempt from arrest

  46-6-102. Persons exempt from arrest. (1) Electors shall in all cases except treason, felony, or breach of the peace be privileged from arrest during their attendance at election and in going to and returning from the same.   (2) Senators and representatives shall in all cases except felony or breach of the peace be privileged from arrest during the sessions of the state legislature and in going to and returning from the same.   (3) The militia shall in all cases except treason, felony, or breach of the peace be privileged from arrest during their attendance at musters and election and in going to and returning from the same.   (4) Judges, attorneys, clerks, sheriffs, and other court officers shall be privileged from arrest while attending court and while going to and returning from court.   History: En. 95-616 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-616.
MT Code § 46-6-103 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 1. General Provisions|46-6-103. Repealed

  46-6-103. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-617 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-617.
MT Code § 46-6-104 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 1. General Provisions|46-6-104. Method of arrest

  46-6-104. Method of arrest. (1) An arrest is made by an actual restraint of the person to be arrested or by the person's submission to the custody of the person making the arrest.   (2) All necessary and reasonable force may be used in making an arrest, but the person arrested may not be subject to any greater restraint than is necessary to hold or detain that person.   (3) All necessary and reasonable force may be used to effect an entry into any building or property or part thereof to make an authorized arrest.   History: En. 95-602 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-602; amd. Sec. 34, Ch. 800, L. 1991.
MT Code § 46-6-105 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 1. General Provisions|46-6-105. Time of making arrest

  46-6-105. Time of making arrest. An arrest may be made at any time of the day or night, except that a person may not be arrested in the person's home or private dwelling place at night for a misdemeanor committed at some other time and place unless upon the direction of a judge endorsed upon an arrest warrant. However, a person may be arrested in the person's home or private dwelling at night if the person is being arrested pursuant to 46-6-311 for the offense of partner or family member assault.   History: En. 95-607 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-607; amd. Sec. 4, Ch. 700, L. 1985; amd. Sec. 35, Ch. 800, L. 1991; amd. Sec. 13, Ch. 350, L. 1995.
MT Code § 46-6-106 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 1. General Provisions|46-6-106. Renumbered 46-6-312

  46-6-106. Renumbered 46-6-312. Code Commissioner, 1991.
MT Code § 46-6-107 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 1. General Provisions|46-6-107. Miranda warning prior to custodial interrogation

  46-6-107. Miranda warning prior to custodial interrogation. Before interrogating a person who is in custody, a peace officer shall inform the person that the person has the right to remain silent, that anything the person says can be used against the person in a court of law, that the person has the right to speak to an attorney and to have an attorney present during any questioning, and that if the person cannot afford an attorney, one will be provided for the person at no cost to the person. A person who is stopped under 46-5-401 is not in custody unless the stop goes beyond the purposes of that section.   History: En. Sec. 1, Ch. 142, L. 2003.
MT Code § 46-6-201 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 2. Arrest With a Warrant|46-6-201. Issuance of arrest warrant upon complaint

  46-6-201. Issuance of arrest warrant upon complaint. If it appears from the contents of the complaint and the examination of the complainant and from the examination of other witnesses or affidavits, if any, that there is probable cause to believe that the person against whom the complaint was made has committed an offense, a warrant shall be issued by the court for the arrest of the person complained against. The court, in its discretion, may issue a summons instead of a warrant. Upon the request of the prosecutor, the court shall issue a summons instead of a warrant. More than one warrant or summons may issue on the same complaint.   History: En. 95-603 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 6, Ch. 184, L. 1977; R.C.M. 1947, 95-603(1) thru (3); amd. Sec. 4, Ch. 262, L. 1993.
MT Code § 46-6-202 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 2. Arrest With a Warrant|46-6-202. Renumbered 46-6-214 and 46-6-215

  46-6-202. Renumbered 46-6-214 and 46-6-215. Code Commissioner, 1991.
MT Code § 46-6-203 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 2. Arrest With a Warrant|46-6-203. Renumbered 46-6-216

  46-6-203. Renumbered 46-6-216. Code Commissioner, 1991.
MT Code § 46-6-204 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 2. Arrest With a Warrant|46-6-204. Minor irregularities in warrant

  46-6-204. Minor irregularities in warrant. No warrant of arrest shall be dismissed nor shall any person in custody for an offense be discharged from such custody because of technical irregularities not affecting the substantial rights of the accused.   History: En. 95-605 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-605.
MT Code § 46-6-205 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 2. Arrest With a Warrant|46-6-205. through 46-6-209 reserved

  46-6-205 through 46-6-209 reserved.
MT Code § 46-6-210 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 2. Arrest With a Warrant|46-6-210. Arrest by peace officer

  46-6-210. Arrest by peace officer. A peace officer may arrest a person when the officer has a warrant commanding that the person be arrested or when the officer believes on reasonable grounds:   (1) that a warrant for the person's arrest has been issued in this state, except that unless otherwise provided by law, a warrant for violation of a city ordinance may not be acted upon unless the person is located within the limits of the city in which the violation is alleged to have occurred; or   (2) that a felony warrant for the person's arrest has been issued in another jurisdiction.   History: En. 95-608 by Sec. 1, Ch. 196, L. 1967; amd. Sup. Ct. Ord. 11450-2-3-4, Oct. 10, 1968, eff. Dec. 1, 1968; R.C.M. 1947, 95-608; amd. Sec. 5, Ch. 700, L. 1985; amd. Sec. 28, Ch. 800, L. 1991; Sec. 46-6-401, MCA 1989; redes. 46-6-210 by Code Commissioner, 1991; amd. Sec. 5, Ch. 262, L. 1993.
MT Code § 46-6-211 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 2. Arrest With a Warrant|46-6-211. Issuance of arrest warrant or summons

  46-6-211. Issuance of arrest warrant or summons. (1) Upon the filing of a charge, the court may issue a summons or an arrest warrant as provided in 46-11-201. A summons may be issued to a corporation upon the filing of a charge against it. More than one warrant or summons may be issued on the same charge.   (2) A summons may be served personally or by first-class mail.   History: En. Sec. 29, Ch. 800, L. 1991; amd. Sec. 198, Ch. 42, L. 1997.
MT Code § 46-6-212 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 2. Arrest With a Warrant|46-6-212. Failure to appear following summons or notice to appear

  46-6-212. Failure to appear following summons or notice to appear. (1) If, after the issuance of a summons or notice to appear, the judge becomes satisfied that the person has not appeared or will not appear as commanded, the judge may at once issue an arrest warrant.   (2) If after being summoned the corporation does not appear, a plea of not guilty must be entered in accordance with 46-12-204 and the matter must proceed to trial and judgment without further process.   History: (1)En. 95-613 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-613; amd. Sec. 26, Ch. 800, L. 1991; Sec. 46-6-303, MCA 1989; redes. 46-6-212(1) by Code Commissioner, 1991; (2)En. 95-615 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-615; amd. Sec. 27, Ch. 800, L. 1991; Sec. 46-6-304, MCA 1989; redes. 46-6-212(2) by Code Commissioner, 1991.
MT Code § 46-6-213 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 2. Arrest With a Warrant|46-6-213. Form and content of summons

  46-6-213. Form and content of summons. (1) When authorized to issue an arrest warrant, a court may instead issue a summons.   (2) A summons may be served personally or by first-class mail.   (3) The summons must:   (a) be in writing in the name of the state of Montana or in the name of the municipality if the violation of a municipal ordinance is charged;   (b) state the name of the person summoned and that person's address, if known;   (c) set forth the nature of the offense;   (d) state the date when issued and the municipality or county where issued;   (e) be signed by the judge of the court with the title of office noted; and   (f) command the person to appear before a court at a certain time and place.   (4) The summons must plainly state that, upon failure to appear following the service of summons, an arrest warrant must be issued immediately or, if the service is made to a corporation, that a plea of not guilty will be entered.   History: En. 95-612 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-612(b); amd. Sec. 25, Ch. 800, L. 1991; Sec. 46-6-302, MCA 1989; redes. 46-6-213 by Code Commissioner, 1991.
MT Code § 46-6-214 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 2. Arrest With a Warrant|46-6-214. Form and content of arrest warrant

  46-6-214. Form and content of arrest warrant. (1) An arrest warrant must:   (a) be in writing in the name of the state of Montana or in the name of a municipality if a violation of a municipal ordinance is charged;   (b) set forth the nature of the offense;   (c) command that the person against whom the complaint was made be arrested and brought before the nearest or most accessible court for an initial appearance;   (d) specify the name of the person to be arrested or, if that person's name is unknown, designate the person by any name or description by which the person can be identified with reasonable certainty;   (e) state the date when issued and the municipality or county where issued; and   (f) be signed by the judge of the court with the title of office noted.   (2) The arrest warrant may specify the amount of bail.   History: En. 95-603 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 6, Ch. 184, L. 1977; R.C.M. 1947, 95-603(4) thru (6); amd. Sec. 30, Ch. 800, L. 1991; Sec. 46-6-202(1), (2), MCA 1989; redes. 46-6-214 by Code Commissioner, 1991.
MT Code § 46-6-215 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 2. Arrest With a Warrant|46-6-215. Execution of warrant

  46-6-215. Execution of warrant. An arrest warrant may be directed to all peace officers in the state. It must be executed by a peace officer and may be executed in any county of the state. Arrest warrants issued for the violation of city ordinances may not be executed outside the city limits, except as otherwise provided by law.   History: En. 95-603 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 6, Ch. 184, L. 1977; R.C.M. 1947, 95-603(4) thru (6); amd. Sec. 30, Ch. 800, L. 1991; Sec. 46-6-202(3), MCA 1989; redes. 46-6-215 by Code Commissioner, 1991.
MT Code § 46-6-216 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 2. Arrest With a Warrant|46-6-216. Manner of arrest with warrant

  46-6-216. Manner of arrest with warrant. (1) When making an arrest pursuant to a warrant, a peace officer shall inform the person to be arrested of the officer's authority, the intention to arrest that person, the cause of the arrest, and the fact that a warrant has been issued for that person's arrest, except:   (a) when the person flees or forcibly resists before the peace officer has an opportunity to inform the person; or   (b) when the giving of the information will imperil the arrest.   (2) The peace officer need not have possession of the warrant at the time of the arrest, but after the arrest, the warrant must be shown to the person arrested as soon as practicable if the person requests.   History: En. 95-604 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-604; amd. Sec. 5, Ch. 116, L. 1979; amd. Sec. 31, Ch. 800, L. 1991; Sec. 46-6-203, MCA 1989; redes. 46-6-216 by Code Commissioner, 1991.
MT Code § 46-6-301 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 3. Warrantless Arrest and Notice to Appear|46-6-301. Repealed

  46-6-301. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-612 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-612(a), (c).
MT Code § 46-6-302 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 3. Warrantless Arrest and Notice to Appear|46-6-302. Renumbered 46-6-213

  46-6-302. Renumbered 46-6-213. Code Commissioner, 1991.
MT Code § 46-6-303 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 3. Warrantless Arrest and Notice to Appear|46-6-303. Renumbered 46-6-212 (1)

  46-6-303. Renumbered 46-6-212(1). Code Commissioner, 1991.
MT Code § 46-6-304 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 3. Warrantless Arrest and Notice to Appear|46-6-304. Renumbered 46-6-212 (2)

  46-6-304. Renumbered 46-6-212(2). Code Commissioner, 1991.
MT Code § 46-6-305 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 3. Warrantless Arrest and Notice to Appear|46-6-305. through 46-6-309 reserved

  46-6-305 through 46-6-309 reserved.
MT Code § 46-6-310 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 3. Warrantless Arrest and Notice to Appear|46-6-310. Notice to appear

  46-6-310. Notice to appear. (1) Whenever a peace officer is authorized to arrest a person without a warrant, the officer may instead issue the person a notice to appear.   (2) The notice must:   (a) be in writing;   (b) state the person's name and address, if known;   (c) set forth the nature of the offense;   (d) be signed by the issuing officer;   (e) direct the person to appear before a court at a certain time and place; and   (f) state that failure to appear may result in the suspension of the person's driver's license.   (3) Upon failure of the person to appear, a summons or arrest warrant may be issued.   History: En. 95-614 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-614; amd. Sec. 24, Ch. 800, L. 1991; Sec. 46-6-404, MCA 1989; redes. 46-6-310 by Code Commissioner, 1991; amd. Sec. 1, Ch. 360, L. 2009.
MT Code § 46-6-311 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 3. Warrantless Arrest and Notice to Appear|46-6-311. Basis for arrest without warrant -- arrest of predominant aggressor -- no contact order

  46-6-311. Basis for arrest without warrant -- arrest of predominant aggressor -- no contact order. (1) A peace officer may arrest a person when a warrant has not been issued if the officer has probable cause to believe that the person is committing an offense or that the person has committed an offense and existing circumstances require immediate arrest.   (2) (a) The summoning of a peace officer to a place of residence by a partner or family member constitutes an exigent circumstance for making an arrest. Arrest is the preferred response in partner or family member assault cases involving injury to the victim, use or threatened use of a weapon, violation of a restraining order, or other imminent danger to the victim.   (b) When a peace officer responds to a partner or family member assault complaint and if it appears that the parties were involved in mutual aggression, the officer shall evaluate the situation to determine who is the predominant aggressor. If, based on the officer's evaluation, the officer determines that one person is the predominant aggressor, the officer may arrest only the predominant aggressor. A determination of who the predominant aggressor is must be based on but is not limited to the following considerations, regardless of who was the first aggressor:   (i) the prior history of violence between the partners or family members, if information about the prior history is available to the officer;   (ii) the relative severity of injuries received by each person;   (iii) whether an act of or threat of violence was taken in self-defense;   (iv) the relative sizes and apparent strength of each person;   (v) the apparent fear or lack of fear between the partners or family members; and   (vi) statements made by witnesses.   (3) If a judge has issued a standing order as provided in 45-5-209, a peace officer shall give a defendant charged with or arrested for partner or family member assault or a violation of 45-5-202, 45-5-213, or 45-5-215 if the victim is a partner or family member of the defendant, both written and verbal notice of the no contact order issued pursuant to 45-5-209. The notice must include specific conditions as ordered by the court.   History: En. Sec. 32, Ch. 800, L. 1991; amd. Sec. 3, Ch. 425, L. 1993; amd. Sec. 14, Ch. 350, L. 1995; amd. Sec. 6, Ch. 484, L. 1997; amd. Sec. 1, Ch. 304, L. 2003; amd. Sec. 2, Ch. 411, L. 2005; amd. Sec. 2, Ch. 328, L. 2015; amd. Sec. 9, Ch. 394, L. 2017.
MT Code § 46-6-312 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 3. Warrantless Arrest and Notice to Appear|46-6-312. Manner of arrest without warrant

  46-6-312. Manner of arrest without warrant. A peace officer making an arrest without a warrant shall inform the person to be arrested of the officer's authority, of the intention to arrest that person, and of the cause of the arrest, except when the person to be arrested is actually engaged in the commission of or in an attempt to commit an offense or is pursued immediately after its commission, after an escape, or when the giving of the information will imperil the arrest.   History: En. 95-606 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-606; amd. Sec. 33, Ch. 800, L. 1991; Sec. 46-6-106, MCA 1989; redes. 46-6-312 by Code Commissioner, 1991; amd. Sec. 6, Ch. 262, L. 1993.
MT Code § 46-6-313 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 6. Arrest|Part 3. Warrantless Arrest and Notice to Appear|46-6-313. Release

  46-6-313. Release. When no warrant has been issued, a peace officer having custody of a person arrested may release the arrested person without requiring that person to appear before a court when the officer is satisfied that there are insufficient grounds to commence prosecution.   History: En. 95-610 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-610; amd. Sec. 37, Ch. 800, L. 1991; Sec. 46-6-403, MCA 1989; redes. 46-6-313 by Code Commissioner, 1991.