reglab/housing_qa huggingface dataset:
MT Code § 46-5-302 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 3. Procedure in Regard to Property Seized|46-5-302. Repealed

  46-5-302. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-713 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-713.
MT Code § 46-5-303 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 3. Procedure in Regard to Property Seized|46-5-303. Renumbered 46-5-311

  46-5-303. Renumbered 46-5-311. Code Commissioner, 1991.
MT Code § 46-5-304 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 3. Procedure in Regard to Property Seized|46-5-304. Renumbered 46-5-312

  46-5-304. Renumbered 46-5-312. Code Commissioner, 1991.
MT Code § 46-5-305 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 3. Procedure in Regard to Property Seized|46-5-305. Disposition of unclaimed property

  46-5-305. Disposition of unclaimed property. If property seized as evidence is not claimed within 6 months of completion of the case for which it was seized, it must be disposed of pursuant to the provisions of 46-5-306 through 46-5-309.   History: En. 95-716 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-716; amd. Sec. 4, Ch. 116, L. 1979; amd. Sec. 5, Ch. 348, L. 1989.
MT Code § 46-5-306 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 3. Procedure in Regard to Property Seized|46-5-306. Purpose

  46-5-306. Purpose. The purpose of 46-5-306 through 46-5-309 is to provide a procedure by which physical evidence in criminal cases may be destroyed or appropriated for law enforcement use when prosecutions have been completed and no further legal proceeding is contemplated or when it does not appear that criminal charges will be initiated.   History: En. Sec. 1, Ch. 348, L. 1989.
MT Code § 46-5-307 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 3. Procedure in Regard to Property Seized|46-5-307. Petition for destruction, disposal, or use of evidence

  46-5-307. Petition for destruction, disposal, or use of evidence. (1) For a case filed in district court, the prosecutor may file a petition with the court alleging that there exist certain items held as evidence either by the law enforcement agency or the court and that the items no longer have any evidentiary value. The petition must include:   (a) the name and title of the petitioner;   (b) the items of evidence sought to be destroyed, disposed of, or used, including a specific description of each that may be attached to the petition by separate inventory;   (c) when the items were seized;   (d) whether the items constitute contraband, which for the purposes of 46-5-306 through 46-5-309 means any property that is unlawful to produce or possess;   (e) whether the items relate to a filed case and, if so, the court and cause number of the case and its procedural status;   (f) whether, in those instances in which the items are not contraband, an effort has been made to return the items to the apparent owner and the results of the effort;   (g) an allegation to the effect that any criminal prosecutions involving the items of evidence have been completed and no appeals are pending or that no criminal charges have been filed or are presently contemplated; and   (h) the petitioner's intentions relative to disposition of the items.   (2) If the petition required under subsection (1) requests the destruction or use of contraband, it must describe how destruction is to be accomplished or how the contraband has training or law enforcement value and its contemplated use by a law enforcement agency.   (3) The petitioner shall provide a victim of the offense with a copy of the petition required under subsection (1) at the victim's last-known address and shall advise the court whether the victim wishes to be heard on the petition. It is the duty of the victim to provide the law enforcement agency, court, or prosecuting attorney's office with the victim's current contact information.   (4) (a) For a case filed in a court of limited jurisdiction, the owner of property seized in connection with a criminal charge shall contact the prosecuting attorney's office within 6 months of the conclusion of the case, including appeal, to claim the property.   (b) An owner who fails to contact the prosecuting attorney's office within 6 months after the conclusion of the case surrenders the property to the seizing or holding agency and forfeits any right to the property.   (c) If an owner claiming property demonstrates proof of ownership and the prosecuting attorney determines the property is no longer needed for the prosecution of the case, the property must be returned to the claiming owner.   History: En. Sec. 2, Ch. 348, L. 1989; amd. Sec. 2, Ch. 186, L. 1997; amd. Sec. 3, Ch. 295, L. 2017.
MT Code § 46-5-308 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 3. Procedure in Regard to Property Seized|46-5-308. Order

  46-5-308. Order. (1) The court may enter an order providing for the destruction or disposition of the evidence. If a victim of the offense wishes to be heard on the petition, the court shall schedule a hearing on the petition and shall allow the victim to be heard in open court. The court shall consider the victim's statements prior to issuing an order under this section. A proposed order must be presented by the petitioner to the court and may include:   (a) authorization to destroy all contraband listed in the petition, the method of destruction, and the time within which the destruction must be accomplished;   (b) if certain contraband is requested by the petitioner for training or law enforcement purposes, authorization to use the items and a description of each;   (c) if the petition requests training or law enforcement use of noncontraband items, authorization to retain the items by the law enforcement agency and a description of the items;   (d) if the evidence is money and the owner cannot be ascertained and no civil forfeiture action is pending, authorization to deposit the money to the appropriate city, county, or state drug forfeiture fund;   (e) if the petition requests, authorization to sell noncontraband property at public sale or auction and to deposit the proceeds to the appropriate city, county, or state drug forfeiture fund; or   (f) authorization to destroy all items not otherwise provided for.   (2) The order must specify the time period in which destruction or sale must occur. Within 10 days following the destruction or sale, a return must be filed with the court, listing the property destroyed or sold and the date and method of disposition.   History: En. Sec. 3, Ch. 348, L. 1989; amd. Sec. 3, Ch. 186, L. 1997.
MT Code § 46-5-309 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 3. Procedure in Regard to Property Seized|46-5-309. Applicability of other statutes

  46-5-309. Applicability of other statutes. The provisions of Title 70, chapter 9, relating to the disposition of unclaimed or abandoned property, do not apply to actions filed pursuant to 46-5-306 through 46-5-309.   History: En. Sec. 4, Ch. 348, L. 1989.
MT Code § 46-5-310 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 3. Procedure in Regard to Property Seized|46-5-310. Filing of return

  46-5-310. Filing of return. (1) The application on which the warrant is issued must be retained by the judge but is not required to be filed with the clerk of the court or with the court, if there is no clerk, until the warrant has been served or has been returned "not served".   (2) The judge before whom the warrant is returned shall attach to the warrant a copy of the return, the inventory, and all other papers in connection with the warrant and shall file them with the issuing court.   History: En. 95-706 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-706; amd. Sec. 60, Ch. 800, L. 1991; Sec. 46-5-204, MCA 1989; redes. 46-5-310 by Code Commissioner, 1991.
MT Code § 46-5-311 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 3. Procedure in Regard to Property Seized|46-5-311. Custody and disposition -- seizure without search warrant

  46-5-311. Custody and disposition -- seizure without search warrant. (1) Evidence or contraband lawfully seized without a warrant may be retained in the custody of the officer making the seizure for a time sufficient to complete an investigation.   (2) Notice of the seizure and a receipt for the evidence or contraband seized must be given to the person from whose possession the evidence or contraband was taken and to the owner of the evidence or contraband if the owner is reasonably ascertainable. The failure to give a receipt may not render the evidence seized inadmissible at trial.   History: En. 95-714 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-714; amd. Sec. 61, Ch. 800, L. 1991; Sec. 46-5-303, MCA 1989; redes. 46-5-311 by Code Commissioner, 1991.
MT Code § 46-5-312 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 3. Procedure in Regard to Property Seized|46-5-312. Return of property seized -- right to possess

  46-5-312. Return of property seized -- right to possess. (1) A person claiming the right to possession of property seized as evidence may apply to the judge for its return. The judge shall give written notice as the judge considers adequate to the prosecutor and all persons who have or may have an interest in the property and shall hold a hearing to determine the right to possession.   (2) If the right to possession is established, the judge shall order the property, other than contraband, returned if:   (a) the property is not needed as evidence;   (b) the property is needed and satisfactory arrangements can be made for its return for subsequent use as evidence; or   (c) all proceedings in which the property might be required have been completed.   History: En. 95-715 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-715; amd. Sec. 62, Ch. 800, L. 1991; Sec. 46-5-304, MCA 1989; redes. 46-5-312 by Code Commissioner, 1991.
MT Code § 46-5-313 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 3. Procedure in Regard to Property Seized|46-5-313. Firearm not to be destroyed

  46-5-313. Firearm not to be destroyed. If a firearm possessed by a law enforcement agency was not purchased by the agency for agency use, if it is legal for a private person to own and possess the firearm, and if the legal owner cannot be determined by the agency, the agency may not destroy the firearm and shall sell the firearm to a licensed dealer. The proceeds of the sale must be deposited in the general fund of the governmental entity of which the agency is a part.   History: En. Sec. 5, Ch. 332, L. 2009.
MT Code § 46-5-401 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 4. Stop and Frisk|46-5-401. Investigative stop and frisk

  46-5-401. Investigative stop and frisk. (1) In order to obtain or verify an account of the person's presence or conduct or to determine whether to arrest the person, a peace officer may stop any person or vehicle that is observed in circumstances that create a particularized suspicion that the person or occupant of the vehicle has committed, is committing, or is about to commit an offense. If the stop is for a violation under Title 61, unless emergency circumstances exist or the officer has reasonable cause to fear for the officer's own safety or for the public's safety, the officer shall as promptly as possible inform the person of the reason for the stop.   (2) A peace officer who has lawfully stopped a person or vehicle under this section may:   (a) request the person's name and present address and an explanation of the person's actions and, if the person is the driver of a vehicle, demand the person's driver's license and the vehicle's registration and proof of insurance; and   (b) frisk the person and take other reasonably necessary steps for protection if the officer has reasonable cause to suspect that the person is armed and presently dangerous to the officer or another person present. The officer may take possession of any object that is discovered during the course of the frisk if the officer has probable cause to believe that the object is a deadly weapon until the completion of the stop, at which time the officer shall either immediately return the object, if legally possessed, or arrest the person.   (3) A peace officer acting under subsection (2) while the peace officer is not in uniform shall inform the person as promptly as possible under the circumstances and in any case before questioning the person that the officer is a peace officer.   History: En. 95-719 by Sec. 4, Ch. 513, L. 1973; amd. Sec. 8, Ch. 184, L. 1977; R.C.M. 1947, 95-719(1) thru (3); amd. Sec. 42, Ch. 800, L. 1991; amd. Sec. 1, Ch. 343, L. 2003.
MT Code § 46-5-402 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 4. Stop and Frisk|46-5-402. Repealed

  46-5-402. Repealed. Sec. 2, Ch. 343, L. 2003.   History: En. 95-719 by Sec. 4, Ch. 513, L. 1973; amd. Sec. 8, Ch. 184, L. 1977; R.C.M. 1947, 95-719(4) thru (7); amd. Sec. 43, Ch. 800, L. 1991.
MT Code § 46-5-403 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 4. Stop and Frisk|46-5-403. Duration of stop

  46-5-403. Duration of stop. A stop authorized by 46-5-401 or 46-6-411 may not last longer than is necessary to effectuate the purpose of the stop.   History: En. Sec. 44, Ch. 800, L. 1991.
MT Code § 46-5-501 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 5. Roadblocks|46-5-501. Repealed

  46-5-501. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-618 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 18, L. 1971; R.C.M. 1947, 95-618(a).
MT Code § 46-5-502 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 5. Roadblocks|46-5-502. Authority to establish temporary roadblocks

  46-5-502. Authority to establish temporary roadblocks. (1) A law enforcement agency of this state is authorized to establish, within its jurisdiction, temporary roadblocks on the highways of this state to:   (a) apprehend persons known to be wanted for a violation of the laws of this state, of any other state, or of the United States;   (b) except as provided in 7-33-2212, respond to an active emergency; or   (c) respond to or mitigate conditions in areas where a significant number of known causal factors of motor vehicle accidents involving fatalities, injuries, or other serious legal violations are known to have occurred.   (2) During a temporary roadblock, verification of a valid driver's license, vehicle registration, and insurance may be required.   (3) In the course of conducting a roadblock under subsection (1)(c), a law enforcement officer may not issue a ticket, citation, or summons for a secondary offense.   (4) For purposes of this section, the following definitions apply:   (a) "Active emergency" means an incident that threatens public safety, health, or welfare and requires immediate action.   (b) "Secondary offense" means a violation of an offense, including a violation of 61-13-103, for which a law enforcement officer may only issue a ticket, citation, or summons after the driver has already been stopped for a violation of another offense.   History: En. 95-618 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 18, L. 1971; R.C.M. 1947, 95-618(b); amd. Sec. 45, Ch. 800, L. 1991; amd. Sec. 1, Ch. 86, L. 2017.
MT Code § 46-5-503 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 5. Roadblocks|46-5-503. Repealed

  46-5-503. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-618 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 18, L. 1971; R.C.M. 1947, 95-618(c).
MT Code § 46-5-504 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 5. Roadblocks|46-5-504. Repealed

  46-5-504. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-618 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 18, L. 1971; R.C.M. 1947, 95-618(d).
MT Code § 46-5-505 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 5. Roadblocks|46-5-505. Repealed

  46-5-505. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-618 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 18, L. 1971; R.C.M. 1947, 95-618(e).
MT Code § 46-5-506 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 5. Roadblocks|46-5-506. through 46-5-509 reserved

  46-5-506 through 46-5-509 reserved.
MT Code § 46-5-510 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 5. Roadblocks|46-5-510. Establishing temporary roadblock -- plan required -- exception

  46-5-510. Establishing temporary roadblock -- plan required -- exception. (1) A written plan for establishing a temporary roadblock pursuant to 46-5-502(1)(c) must:   (a) be designed by the law enforcement agency to ensure motorist safety, minimize motorist inconvenience, and prevent the arbitrary selection of vehicles by providing a schedule for the selection of vehicles to be stopped;   (b) be approved in advance of conducting the roadblock by supervisory officers within the law enforcement agency;   (c) ensure that a temporary roadblock is minimally intrusive and does not allow for unconstrained discretion by law enforcement agents performing the roadblock; and   (d) include:   (i) the purpose of the temporary roadblock;   (ii) the location, date, and time at which the temporary roadblock will be conducted;   (iii) the pattern sequence of vehicles to be stopped;   (iv) a drawing that shows how the temporary roadblock will be established;   (v) a copy of the public service announcement to be used to advertise the temporary roadblock; and   (vi) the names of the media to be notified of the temporary roadblock.   (2) All major media outlets in the area where the temporary roadblock is to be performed must be notified at least 48 hours prior to the scheduled temporary roadblock.   (3) This section does not apply to a roadblock established by a law enforcement agency pursuant to 46-5-502(1)(a) or (1)(b).   (4) The department of justice may adopt rules to implement the provisions of this part.   History: En. Sec. 46, Ch. 800, L. 1991; amd. Sec. 2, Ch. 86, L. 2017.
MT Code § 46-5-601 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 6. Electronic Communications|46-5-601. Definitions

  46-5-601. Definitions. As used in this part, the following definitions apply:  (1) "Contents" means any information concerning the substance, purport, or meaning of a communication.   (2) (a) "Electronic communication" means:   (i) any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted or stored in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system; or   (ii) any aural transfer made or stored in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other similar connection between the point of origin and the point of reception, including but not limited to the use of the wire, cable, or other similar connection in a switching station.   (b) The term does not include:   (i) an oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying the expectation;   (ii) a communication made through a tone-only paging device;   (iii) a communication from a tracking device, including an electronic or mechanical device that permits the tracking of the movement of a person or object; or   (iv) electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds.   (3) "Electronic communication service" means:   (a) a service that provides to users the ability to send or receive electronic communications;   (b) a service that provides to users computer storage or processing services; or   (c) a service that acts as an intermediary in the transmission of electronic communications.   (4) "Governmental entity" means a state or local agency, including but not limited to a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission, or an individual acting or purporting to act for or on behalf of a state or local agency.   (5) (a) "Subscriber record" means a record of or information about an electronic communication service or remote computing service that reveals the subscriber's or customer's:   (i) name;   (ii) address;   (iii) local and long-distance telephone connection record or record of session time and duration;   (iv) length of service, including start date;   (v) type of service used;   (vi) telephone number, instrument number, or other subscriber or customer number or identification, including a temporarily assigned network address; and   (vii) means and source of payment for the service.   (b) The term does not include customer proprietary network information as defined in 47 U.S.C. 222(h)(1).   History: En. Sec. 1, Ch. 246, L. 2017; amd. Sec. 1, Ch. 361, L. 2021.
MT Code § 46-5-602 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 6. Electronic Communications|46-5-602. Search warrant or investigative subpoena required

  46-5-602. Search warrant or investigative subpoena required. (1) A governmental entity may only require disclosure of an electronic communication stored, held, maintained, or transmitted by an electronic communication service other than a subscriber record pursuant to a search warrant or investigative subpoena issued by a court upon a finding of probable cause pursuant to Title 46, chapter 5, part 2, or Title 46, chapter 4, part 3.  (2) The electronic communications collected under this section must be deleted after the conclusion of the criminal investigation, postconviction and after all appeals have been exhausted, or in accordance with data retention requirements under the law.   (3) The warrant and investigative subpoena requirements of this section do not apply to the electronic communications of adults or youth currently incarcerated in a correctional facility.   History: En. Sec. 2, Ch. 246, L. 2017; amd. Sec. 2, Ch. 361, L. 2021.
MT Code § 46-5-603 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 6. Electronic Communications|46-5-603. and 46-5-604 reserved

  46-5-603 and 46-5-604 reserved.