reglab/housing_qa huggingface dataset:
MT Code § 46-5-106 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 1. Legality and Admissibility|46-5-106. through 46-5-108 reserved

  46-5-106 through 46-5-108 reserved.
MT Code § 46-5-109 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 1. Legality and Admissibility|46-5-109. Limitations on unmanned aerial vehicles

  46-5-109. Limitations on unmanned aerial vehicles. (1) In any prosecution or proceeding within the state of Montana, information from an unmanned aerial vehicle is not admissible as evidence unless the information was obtained:   (a) pursuant to the authority of a search warrant;   (b) in accordance with judicially recognized exceptions to the warrant requirement; or   (c) during the investigation of a motor vehicle crash scene that occurs on or involves a public roadway.   (2) Information obtained from the operation of an unmanned aerial vehicle may not be used in an affidavit of probable cause in an effort to obtain a search warrant unless the information was obtained under the circumstances described in subsection (1)(a), (1)(b), or (1)(c).   (3) For the purposes of this section, "unmanned aerial vehicle" means an aircraft that is operated without direct human intervention from on or within the aircraft. The term does not include satellites.   History: En. Sec. 1, Ch. 377, L. 2013; amd. Sec. 1, Ch. 178, L. 2019.
MT Code § 46-5-110 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 1. Legality and Admissibility|46-5-110. Location information privacy -- civil penalty -- definitions

  46-5-110. Location information privacy -- civil penalty -- definitions. (1) (a) Except as provided in subsection (1)(b), a government entity may not obtain the location information of an electronic device without a search warrant issued by a duly authorized court.   (b) A government entity may obtain location information of an electronic device under any of the following circumstances:   (i) the device is reported stolen by the owner;   (ii) in order to respond to the user's call for emergency services;   (iii) with the informed, affirmative consent of the owner or user of the electronic device; or   (iv) there exists a possible life-threatening situation.   (c) Any evidence obtained in violation of this section is not admissible in a civil, criminal, or administrative proceeding and may not be used in an affidavit of probable cause in an effort to obtain a search warrant.   (d) A violation of this section will result in a civil fine not to exceed $50.   (2) As used in this section, the following definitions apply:   (a) "Electronic communication service" means a service that provides to users of the service the ability to send or receive wire or electronic communications.   (b) "Electronic device" means a device that enables access to or use of an electronic communication service, remote computing service, or location information service.   (c) "Government 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.   (d) "Location information" means information concerning the location of an electronic device that, in whole or in part, is generated or derived from or obtained by the operation of an electronic device.   (e) "Location information service" means the provision of a global positioning service or other mapping, locational, or directional information service.   (f) "Remote computing service" means the provision of computer storage or processing services by means of an electronic communications system.   History: En. Secs. 1, 2, Ch. 394, L. 2013.
MT Code § 46-5-111 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 1. Legality and Admissibility|46-5-111. Definitions

  46-5-111. Definitions. As used in 46-5-111 through 46-5-113, the following definitions apply:   (1) "Authorized user" means a person who has the permission of the owner to possess and operate the electronic device.   (2) "Electronic communication service" means a service that:   (a) provides to users the ability to send or receive electronic communications;   (b) provides to users computer storage or processing services; or   (c) acts as an intermediary in the transmission of electronic communications.   (3) "Electronic device" means a device that enables access to or use of an electronic communication service or remote computing service.   (4) "Government 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) "Owner" means a person who is the legal owner of the electronic device. If the electronic device is the subject of an agreement for the conditional sale of the electronic device with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the person possessing the device, or in the event the electronic device is subject to a lease, contract, or other legal arrangement vesting the right of possession or control in the person possessing the electronic device, then the owner is the person in whom the right of possession or control is vested.   (6) "Remote computing service" means the provision of computer storage or processing services by means of an electronic communications system.   (7) "Stored data" means data or records that are stored on an electronic device that contains:   (a) information revealing the identity of users of the applicable service, device, or program;   (b) information about a user's use of the applicable service, device, or program;   (c) information that identifies the recipient or destination of a wire communication or electronic communication sent to or by the user;   (d) the content of a wire communication or electronic communication sent to or by the user; or   (e) any data, documents, files, or communications stored by or on behalf of the user with the applicable service provider or on the user's electronic device.   History: En. Sec. 1, Ch. 201, L. 2017.
MT Code § 46-5-112 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 1. Legality and Admissibility|46-5-112. Electronic data privacy -- warrant required -- exceptions

  46-5-112. Electronic data privacy -- warrant required -- exceptions. (1) Except as provided in subsection (2), a government entity may not obtain the stored data of an electronic device without a search warrant issued by a court upon a finding of probable cause.  (2) A government entity may obtain the stored data of an electronic device without a search warrant:   (a) with the consent of the owner or authorized user of the electronic device;   (b) in accordance with judicially recognized exceptions to warrant requirements;   (c) if the owner has voluntarily and publicly disclosed the stored data;   (d) if the government entity, in good faith, believes that an emergency involving danger, death, or serious physical injury to a person requires immediate disclosure of communications relating to the emergency;   (e) in order to respond to the user's call for emergency services; or   (f) for any electronic devices found within the confines of a correctional facility.   (3) Nothing in 46-5-111 through 46-5-113 may be construed to limit a government entity's ability to use, maintain, or store information on its own electronic devices or to disseminate information stored on its own electronic devices.   (4) Sections 46-5-111 through 46-5-113 do not apply to motor carrier safety or hazardous materials programs implemented by the department of transportation for purposes of complying with federal motor carrier safety regulations.   History: En. Sec. 2, Ch. 201, L. 2017; amd. Sec. 24, Ch. 339, L. 2021.
MT Code § 46-5-113 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 1. Legality and Admissibility|46-5-113. Civil action for violation

  46-5-113. Civil action for violation. The attorney general may apply for an injunction or commence a civil action against any government entity to compel compliance with the terms of 46-5-111 through 46-5-113.   History: En. Sec. 3, Ch. 201, L. 2017.
MT Code § 46-5-114 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 1. Legality and Admissibility|46-5-114. through 46-5-116 reserved

  46-5-114 through 46-5-116 reserved.
MT Code § 46-5-118 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 1. Legality and Admissibility|46-5-118. Preservation and disclosure of records by law enforcement agency

  46-5-118. Preservation and disclosure of records by law enforcement agency. (1) Except as provided in subsection (2), captured license plate data obtained by an automatic license plate reader system that is operated by or on behalf of a law enforcement agency for law enforcement purposes pursuant to 46-5-117(2)(d) may not be preserved for more than 90 days after the date that the data is captured.   (2) Data obtained by an automatic license plate reader may be preserved for more than 90 days pursuant to any of the following:   (a) a preservation request submitted pursuant to subsection (3);   (b) a search warrant issued pursuant to 46-5-220; or   (c) a federal search warrant issued in compliance with the Federal Rules of Civil Procedure.   (3) Upon the request of a law enforcement agency, the custodian of captured license plate data shall take all necessary steps to immediately preserve captured license plate data in its possession. A requesting agency must specify in a sworn written statement:   (a) the location of the particular camera or cameras for which captured license plate data must be preserved;   (b) the particular license plate for which captured license plate data must be preserved;   (c) the date or dates and timeframes for which captured license plate data must be preserved;   (d) specific and articulable facts showing that there are reasonable grounds to believe that the captured license plate data is relevant and material to an ongoing criminal or missing persons investigation or is needed to prove a violation of a motor carrier safety regulation; and   (e) the case and the identity of the parties involved in the case.   (4) One year from the date of the initial preservation request, the captured license plate data obtained by an automatic license plate reader system must be destroyed according to the custodian's record or data retention policy, unless the custodian receives another preservation request within the 1-year period. If the custodian receives another preservation request, the 1-year retention period resets based on the date of the second request.   (5) License plate data captured in accordance with 46-5-117 is a public record but is protected from disclosure under the provisions of Title 2, chapter 6, parts 10 through 12, except to the person to whom the license plate is registered.   (6) Nothing in this section may be construed as requiring the disclosure of captured license plate data if a law enforcement agency determines that disclosure of that data will compromise an ongoing investigation.   (7) Captured license plate data gathered by law enforcement may not be sold for any purpose except as provided in 46-5-117.   History: En. Sec. 2, Ch. 202, L. 2017.
MT Code § 46-5-119 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 1. Legality and Admissibility|46-5-119. Confidentiality of information

  46-5-119. Confidentiality of information. The information collected or stored in any database under the provisions of 46-5-117(2)(a) through (2)(c):   (1) is private, is not a public record, and is not subject to public disclosure;   (2) may be accessed by an employee of the state or of a political subdivision of the state only for the purpose of providing customer service or for statistical, administrative, or legal activities necessary to perform the employee's duties; and   (3) may be maintained only for the time minimally necessary, but no more than 18 months.   History: En. Sec. 3, Ch. 202, L. 2017.
MT Code § 46-5-201 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 2. Search Warrants|46-5-201. Repealed

  46-5-201. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-703 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-703; amd. Sec. 2, Ch. 116, L. 1979.
MT Code § 46-5-202 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 2. Search Warrants|46-5-202. Renumbered 46-5-221

  46-5-202. Renumbered 46-5-221. Code Commissioner, 1991.
MT Code § 46-5-203 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 2. Search Warrants|46-5-203. Renumbered 46-5-224

  46-5-203. Renumbered 46-5-224. Code Commissioner, 1991.
MT Code § 46-5-204 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 2. Search Warrants|46-5-204. Renumbered 46-5-310

  46-5-204. Renumbered 46-5-310. Code Commissioner, 1991.
MT Code § 46-5-205 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 2. Search Warrants|46-5-205. Renumbered 46-5-226

  46-5-205. Renumbered 46-5-226. Code Commissioner, 1991.
MT Code § 46-5-206 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 2. Search Warrants|46-5-206. Renumbered 46-5-227

  46-5-206. Renumbered 46-5-227. Code Commissioner, 1991.
MT Code § 46-5-207 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 2. Search Warrants|46-5-207. Renumbered 46-5-225

  46-5-207. Renumbered 46-5-225. Code Commissioner, 1991.
MT Code § 46-5-208 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 2. Search Warrants|46-5-208. Renumbered 46-5-228 (1)

  46-5-208. Renumbered 46-5-228(1). Code Commissioner, 1991.
MT Code § 46-5-209 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 2. Search Warrants|46-5-209. Renumbered 46-5-228 (2)

  46-5-209. Renumbered 46-5-228(2). Code Commissioner, 1991.
MT Code § 46-5-210 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 2. Search Warrants|46-5-210. and 46-5-211 reserved

  46-5-210 and 46-5-211 reserved.
MT Code § 46-5-212 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 2. Search Warrants|46-5-212. Pawnbroker to surrender stolen property -- warrant

  46-5-212. Pawnbroker to surrender stolen property -- warrant. (1) When a peace officer informs a pawnbroker or dealer who buys and sells secondhand merchandise that property pawned to or purchased by the pawnbroker or dealer is stolen property, as defined in 45-2-101, the pawnbroker or dealer who buys and sells secondhand merchandise shall hold the property for 30 days upon issuance of an administrative warrant by a peace officer. Following the expiration of the 30-day period, the pawnbroker or dealer shall surrender the property to the peace officer upon demand. The peace officer shall give the pawnbroker or dealer a receipt for any property surrendered by the pawnbroker or dealer. During the 30-day period, the pawnbroker or dealer may appeal the validity of the administrative warrant in justice's court or in municipal court.   (2) As used in this section, "administrative warrant" means a warrant:   (a) issued by the administrative head, or the administrative head's designee, of the investigating agency of the jurisdiction;   (b) that describes the property to be held; and   (c) that states that the pawnbroker or dealer shall hold the property for 30 days from the date of receipt.   History: En. Sec. 2, Ch. 470, L. 1989; amd. Sec. 1, Ch. 344, L. 1993; amd. Sec. 1, Ch. 310, L. 1995; amd. Sec. 1, Ch. 12, L. 1997.
MT Code § 46-5-213 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 2. Search Warrants|46-5-213. through 46-5-219 reserved

  46-5-213 through 46-5-219 reserved.
MT Code § 46-5-220 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 2. Search Warrants|46-5-220. Authority to issue search warrant

  46-5-220. Authority to issue search warrant. (1) A peace officer, the city or county attorney, or the attorney general may apply for a search warrant.   (2) A search warrant may be issued by:   (a) a city or municipal court judge or justice of the peace within the judge's geographical jurisdiction; or   (b) a district court judge within this state.   History: En. Sec. 49, Ch. 800, L. 1991.
MT Code § 46-5-221 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 2. Search Warrants|46-5-221. Grounds for search warrant

  46-5-221. Grounds for search warrant. A judge shall issue a search warrant to a person upon application, in writing, by telephone, or electronically, made under oath or affirmation, that:   (1) states facts sufficient to support probable cause to believe that an offense has been committed;   (2) states facts sufficient to support probable cause to believe that evidence, contraband, or persons connected with the offense may be found;   (3) particularly describes the place, object, or persons to be searched; and   (4) particularly describes who or what is to be seized.   History: En. 95-704 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 7, Ch. 184, L. 1977; R.C.M. 1947, 95-704; amd. Sec. 3, Ch. 116, L. 1979; amd. Sec. 1, Ch. 339, L. 1979; amd. Sec. 50, Ch. 800, L. 1991; Sec. 46-5-202, MCA 1989; redes. 46-5-221 by Code Commissioner, 1991; amd. Sec. 1, Ch. 22, L. 2015.
MT Code § 46-5-223 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 2. Search Warrants|46-5-223. To whom search warrant directed

  46-5-223. To whom search warrant directed. A search warrant must be directed to a specific peace officer commanding the officer to search for and seize the evidence, contraband, or person designated in the warrant.   History: En. Sec. 52, Ch. 800, L. 1991.
MT Code § 46-5-224 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 2. Search Warrants|46-5-224. What may be seized with search warrant

  46-5-224. What may be seized with search warrant. A warrant may be issued under this section to search for and seize any:   (1) evidence, including blood samples that may yield evidence of any measured amount or detected presence of alcohol or drugs in a person's body when subjected to testing;   (2) contraband; or   (3) person for whose arrest there is probable cause, for whom there has been a warrant of arrest issued, or who is unlawfully restrained.   History: En. 95-705 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-705; amd. Sec. 53, Ch. 800, L. 1991; Sec. 46-5-203, MCA 1989; redes. 46-5-224 by Code Commissioner, 1991; amd. Sec. 1, Ch. 283, L. 2011.
MT Code § 46-5-225 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 2. Search Warrants|46-5-225. When warrant may be served

  46-5-225. When warrant may be served. The warrant may be served at any time of the day or night. The warrant must be served within 10 days from the time of issuance. Any warrant not served within 10 days is void and must be returned to the court or the judge issuing the warrant and identified as "not served".   History: En. 95-711 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-711; amd. Sec. 59, Ch. 800, L. 1991; Sec. 46-5-207, MCA 1989; redes. 46-5-225 by Code Commissioner, 1991.
MT Code § 46-5-226 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 2. Search Warrants|46-5-226. Service of search warrant

  46-5-226. Service of search warrant. A search warrant must in all cases be served by the peace officer specifically named and by no other person except in aid of the officer when the officer is present and acting in its service.   History: En. 95-707 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-707; amd. Sec. 54, Ch. 800, L. 1991; Sec. 46-5-205, MCA 1989; redes. 46-5-226 by Code Commissioner, 1991.
MT Code § 46-5-227 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 2. Search Warrants|46-5-227. Service and return of search warrant

  46-5-227. Service and return of search warrant. Service of a search warrant is made by exhibiting the original warrant or a duplicate original warrant at the place or to the person to be searched. The officer taking property under the warrant shall give to the person from whom or from whose premises the property is taken a copy of the search warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken. Failure to leave a copy and receipt may not render the property seized inadmissible at trial.   History: En. 95-708 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-708; amd. Sec. 55, Ch. 800, L. 1991; Sec. 46-5-206, MCA 1989; redes. 46-5-227 by Code Commissioner, 1991.
MT Code § 46-5-228 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 2. Search Warrants|46-5-228. Procedures assisting in execution of service of search warrant

  46-5-228. Procedures assisting in execution of service of search warrant. (1) All necessary and reasonable force may be used to serve a search warrant or to effect an entry into any building, property, or object to serve a search warrant, but any restraint or detention of the person served must be in the least restrictive manner that is consistent with the safety of the person serving the warrant and anyone assisting that person.   (2) The person serving the search warrant may reasonably detain and search any person on the premises being searched at the time of the search, but must do so in the least restrictive manner that is consistent with the safety of the person serving the warrant and anyone assisting that person. The search of persons on the premises is:   (a) for protection of the person serving the warrant and anyone assisting that person; or   (b) to prevent the disposal or concealment of any evidence, contraband, or persons particularly described in the warrant.   History: (1)En. 95-709 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-709; amd. Sec. 56, Ch. 800, L. 1991; Sec. 46-5-208, MCA 1989; redes. 46-5-228(1) by Code Commissioner, 1991; (2)En. 95-710 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-710; amd. Sec. 57, Ch. 800, L. 1991; Sec. 46-5-209, MCA 1989; redes. 46-5-228(2) by Code Commissioner, 1991; amd. Sec. 1, Ch. 153, L. 2005.
MT Code § 46-5-301 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 3. Procedure in Regard to Property Seized|46-5-301. Return

  46-5-301. Return. (1) A return must be made promptly and must be accompanied by a written inventory of any evidence or contraband taken, verified by the person serving the warrant. The return must be made before the judge who issued the warrant or, if the judge is absent or unavailable, before the nearest available judge.   (2) The judge shall, upon request, deliver a copy of the inventory and the order of custody or disposition to the person from whom or from whose premises the property was taken and to the applicant for the warrant.   (3) The judge shall enter an order providing for the custody or appropriate disposition of the evidence or contraband seized pending further proceedings.   History: En. 95-712 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-712; amd. Sec. 58, Ch. 800, L. 1991.