reglab/housing_qa huggingface dataset:
MT Code § 46-4-207 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 2. Inquests|46-4-207. Coroner's register

  46-4-207. Coroner's register. The county coroner shall keep an official register, in which the coroner shall enter the date of holding all inquests, the cause and circumstances of death, if known, and the name of the deceased, when known, and, when not, a description of the deceased that may be sufficient for identification.   History: En. 95-811 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-811; amd. Sec. 1735, Ch. 56, L. 2009.
MT Code § 46-4-301 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 3. Investigative Subpoenas -- Reporting Requirement for Peace Officers|46-4-301. Issuance of subpoena

  46-4-301. Issuance of subpoena. (1) Whenever a prosecutor has a duty to investigate alleged unlawful activity, any justice of the supreme court or district court judge of this state may cause subpoenas to be issued commanding the persons to whom they are directed to appear before the prosecutor and give testimony and produce books, records, papers, documents, and other objects as may be necessary and proper to the investigation.   (2) Except as provided in subsection (3), a subpoena may be issued only when it appears upon the affidavit of the prosecutor that the administration of justice requires it to be issued.   (3) In the case of constitutionally protected material, such as but not limited to medical records or information, a subpoena may be issued only when it appears upon the affidavit of the prosecutor that a compelling state interest requires it to be issued. In order to establish a compelling state interest for the issuance of such a subpoena, the prosecutor shall state facts and circumstances sufficient to support probable cause to believe that:   (a) an offense has been committed; and   (b) the information relative to the commission of that offense is in the possession of the person or institution to whom the subpoena is directed.   History: En. 95-720 by Sec. 1, Ch. 486, L. 1977; R.C.M. 1947, 95-720(1); amd. Sec. 19, Ch. 800, L. 1991; amd. Sec. 1, Ch. 318, L. 1999.
MT Code § 46-4-302 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 3. Investigative Subpoenas -- Reporting Requirement for Peace Officers|46-4-302. Penalty for failure to appear or obey

  46-4-302. Penalty for failure to appear or obey. (1) A person who, without just cause, fails to obey a subpoena served under this part is punishable for contempt of court.   (2) (a) A person who, after being granted immunity under 46-4-305, refuses to give testimony or produce evidence under this part must be brought without unnecessary delay before the judge issuing the subpoena or, in that judge's absence or inability to act, before the nearest or most accessible judge, who shall inform the person:   (i) of the contents and requirements of the subpoena;   (ii) that the person has been granted immunity and may not be excused from testifying or producing evidence on the grounds that the testimony may incriminate the person; and   (iii) that a refusal to testify or produce evidence as commanded in the subpoena is punishable as a contempt of court under Title 3, chapter 1, part 5.   (b) In the presence of the judge, the person must be examined by the prosecutor or produce evidence as commanded in the subpoena.   (c) A refusal to testify or produce evidence may be punished as a contempt under Title 3, chapter 1, part 5.   History: En. 95-720 by Sec. 1, Ch. 486, L. 1977; R.C.M. 1947, 95-720(2); amd. Sec. 1, Ch. 157, L. 1987; amd. Sec. 20, Ch. 800, L. 1991.
MT Code § 46-4-303 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 3. Investigative Subpoenas -- Reporting Requirement for Peace Officers|46-4-303. Relief from improper subpoena

  46-4-303. Relief from improper subpoena. A person aggrieved by a subpoena issued pursuant to this part may, within a reasonable time, file a motion to dismiss the subpoena and, in the case of a subpoena duces tecum, to limit its scope. The motion must be granted if the subpoena was improperly issued or, in the case of a subpoena duces tecum, if it is overly broad in its scope.   History: En. 95-720 by Sec. 1, Ch. 486, L. 1977; R.C.M. 1947, 95-720(3); amd. Sec. 21, Ch. 800, L. 1991.
MT Code § 46-4-304 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 3. Investigative Subpoenas -- Reporting Requirement for Peace Officers|46-4-304. Conduct of investigative inquiry

  46-4-304. Conduct of investigative inquiry. (1) The prosecutor may examine under oath all witnesses subpoenaed pursuant to this part. Testimony must be recorded. The witness has the right to have counsel present at all times. If the witness does not have funds to obtain counsel, the judge or justice shall order the office of state public defender, provided for in 2-15-1029, to assign counsel.   (2) The secrecy and disclosure provisions relating to grand jury proceedings apply to proceedings conducted under subsection (1). A person who divulges the contents of the application or the proceedings without legal privilege to do so is punishable for contempt of court.   (3) All penalties for perjury or preparing, submitting, or offering false evidence apply to proceedings conducted under this part.   History: En. 95-721 by Sec. 2, Ch. 486, L. 1977; R.C.M. 1947, 95-721; amd. Sec. 22, Ch. 800, L. 1991; amd. Sec. 39, Ch. 449, L. 2005; amd. Sec. 13, Ch. 358, L. 2017.
MT Code § 46-4-305 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 3. Investigative Subpoenas -- Reporting Requirement for Peace Officers|46-4-305. Self-incrimination -- immunity

  46-4-305. Self-incrimination -- immunity. (1) No person subpoenaed to give testimony pursuant to this part may be required to make a statement or to produce evidence that may be personally incriminating.   (2) The prosecutor may, with the approval of the judge who authorized the issuance of the subpoena, grant a person subpoenaed immunity from the use of any compelled testimony or evidence or any information directly or indirectly derived from the testimony or evidence against that person in a criminal prosecution.   (3) Nothing in this part prohibits a prosecutor from granting immunity from prosecution for or on account of any transaction, matter, or thing concerning which a witness is compelled to testify if the prosecutor determines, in the prosecutor's sole discretion, that the best interest of justice would be served by granting immunity.   (4) After being granted immunity, no person may be excused from testifying on the grounds that the testimony may be personally incriminating. Immunity may not extend to prosecution or punishment for false statements given pursuant to the subpoena.   (5) Nothing in this part requires a witness to divulge the contents of a privileged communication unless the privilege is waived as provided by law.   History: En. 95-722 by Sec. 3, Ch. 486, L. 1977; R.C.M. 1947, 95-722; amd. Sec. 3, Ch. 577, L. 1983; amd. Sec. 23, Ch. 800, L. 1991.
MT Code § 46-4-306 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 3. Investigative Subpoenas -- Reporting Requirement for Peace Officers|46-4-306. Applicability of other laws -- costs

  46-4-306. Applicability of other laws -- costs. (1) The fees and mileage of witnesses subpoenaed pursuant to this part are the same as those required in criminal actions. The state shall bear all costs, including the cost of service, when the application for the subpoena is made by the attorney general, the appropriate county shall bear all costs, including the cost of service, when the application for the subpoena is made by a county attorney, and the appropriate city shall bear all costs, including the cost of service, when the application for the subpoena is made by a city attorney.   (2) All provisions relating to subpoenas in criminal actions apply to subpoenas issued pursuant to this part, including the provisions of 46-15-112, 46-15-113, and 46-15-120.   (3) Each investigative cost, including testing of evidence and persons, must be borne by the governmental entity whose action created the cost, unless another governmental entity agrees to or by law is required to bear the cost.   History: En. 95-723 by Sec. 4, Ch. 486, L. 1977; R.C.M. 1947, 95-723; amd. Sec. 259, Ch. 800, L. 1991; amd. Sec. 2, Ch. 262, L. 1993.
MT Code § 46-4-307 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 3. Investigative Subpoenas -- Reporting Requirement for Peace Officers|46-4-307. Sexual abuse of children -- report to national center for missing and exploited children

  46-4-307. Sexual abuse of children -- report to national center for missing and exploited children. A peace officer who, pursuant to a criminal investigation, recovers images or movies of a child in an exhibition of sexual conduct, actual or simulated, or images or movies of a child engaging in sexual conduct, actual or simulated, shall:   (1) provide the images or movies to the law enforcement contact at the child victim identification program at the national center for missing and exploited children;   (2) request the law enforcement contact at the child victim identification program to identify any images or movies recovered that contain an identified victim of child sexual abuse as defined by 45-5-625; and   (3) provide case information to the child victim identification program in any case in which the peace officer identifies a previously unidentified victim of child sexual abuse.   History: En. Sec. 2, Ch. 198, L. 2009.
MT Code § 46-4-401 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 4. Custodial Interrogations -- Recording|46-4-401. Definitions

  46-4-401. Definitions. As used in this part, the following definitions apply:   (1) "Pen register" means a device that records or decodes electronic or other impulses that identify a number dialed or otherwise transmitted on a telephone line to which the pen register is attached. The term does not include a device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services, such as but not limited to caller identification services, or used for cost accounting or similar purposes in the ordinary course of business.   (2) "Trap and trace device" means a device that records or decodes incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication was transmitted. The term does not include a device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services, such as but not limited to caller identification services, or used for cost accounting or similar purposes in the ordinary course of business.   History: En. Sec. 1, Ch. 97, L. 1999.
MT Code § 46-4-402 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 4. Custodial Interrogations -- Recording|46-4-402. Limitations on use of pen register or trap and trace device

  46-4-402. Limitations on use of pen register or trap and trace device. (1) A person may not install or use a pen register or trap and trace device without a court order obtained under 46-4-403, except as provided in subsection (2). Subsection (2) may not be construed to permit a law enforcement agent to operate a pen register or trap and trace device without a court order obtained under 46-4-403. The use of a pen register or trap and trace device that has the ability to record conversations is prohibited.   (2) Subsection (1) does not apply to the installation or use of a pen register or trap and trace device by a provider of a wire or electronic communication service:   (a) for the:   (i) operation, maintenance, or testing of the service;   (ii) protection of the rights and property of the provider; or   (iii) protection of a user of the service from abuse of or unlawful use of the service;   (b) to record the fact that a wire or electronic communication was initiated or completed in order to protect the provider, another provider furnishing service toward the completion of the communication, or a user of the service from fraudulent, unlawful, or abusive use of the service; or   (c) if the consent of each person whose originating or transmitted number is recorded or decoded is obtained.   (3) A person who knowingly violates subsection (1) commits a criminal offense punishable upon conviction by incarceration for a period of up to 6 months and a fine of up to $500.   History: En. Sec. 2, Ch. 97, L. 1999.
MT Code § 46-4-404 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 4. Custodial Interrogations -- Recording|46-4-404. Immunity from suit

  46-4-404. Immunity from suit. Except for gross negligence or willful or wanton misconduct, there is no cause of action against a service provider, landlord, or custodian or their officers, employees, or agents or other nongovernmental person for injury or damage caused in furnishing facilities or assistance under the order or against a service provider or its officers, employees, or agents for providing the law enforcement agency with information received from the operation of the pen register or trap and trace device. The immunity provided by this section does not extend to any governmental agency, law enforcement agent, or prosecutor.   History: En. Sec. 4, Ch. 97, L. 1999.
MT Code § 46-4-405 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 4. Custodial Interrogations -- Recording|46-4-405. Procedural irregularity -- rule of evidence

  46-4-405. Procedural irregularity -- rule of evidence. An irregularity in a proceeding under this part may not be used to exclude evidence obtained under an order unless the irregularity affects substantial rights of the accused.   History: En. Sec. 5, Ch. 97, L. 1999.
MT Code § 46-4-406 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 4. Custodial Interrogations -- Recording|46-4-406. Purpose

  46-4-406. Purpose. The legislature intends to require the electronic recording of custodial interrogations in felony cases based on the finding that properly recorded interrogations:   (1) provide the best evidence of the communications that occurred during an interrogation;   (2) prevent disputes about a peace officer's conduct or treatment of a suspect during the course of an interrogation;   (3) prevent a defendant from lying about the account of events originally provided to law enforcement by the defendant;   (4) spare judges and jurors the time necessary and the need to assess which account of an interrogation to believe;   (5) enhance public confidence in the criminal process; and   (6) have been encouraged by the Montana supreme court in a written opinion of that court.   History: En. Sec. 1, Ch. 214, L. 2009.
MT Code § 46-4-407 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 4. Custodial Interrogations -- Recording|46-4-407. Definitions

  46-4-407. Definitions. As used in 46-4-406 through 46-4-411, the following definitions apply:   (1) "Custodial interrogation" means an interview conducted by a peace officer in a place of detention for the purpose of investigating a felony or, in the case of a youth, an offense that would be a felony if committed by an adult if the interview is reasonably likely to elicit a response from the person being interviewed that may incriminate the person being interviewed with regard to the commission of an offense.   (2) "Electronic recording" or "electronically recorded" means an audio recording, visual recording, or audiovisual recording, if available, that is an authentic, unaltered record of a custodial interrogation.   (3) "Place of detention" means a jail, police or sheriff's station, holding cell, correctional or detention facility, office, or other structure in this state where persons are held in connection with criminal charges or juvenile delinquency proceedings.   (4) "Statement" means an oral, written, sign language, or nonverbal communication.   History: En. Sec. 2, Ch. 214, L. 2009.
MT Code § 46-4-408 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 4. Custodial Interrogations -- Recording|46-4-408. Recordings required

  46-4-408. Recordings required. Except as provided in 46-4-409, all custodial interrogations must be electronically recorded. The recording must contain a peace officer advising the person being interviewed of the person's Miranda rights, a recording of the interview, and a conclusion of the interview.   History: En. Sec. 3, Ch. 214, L. 2009.
MT Code § 46-4-409 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 4. Custodial Interrogations -- Recording|46-4-409. Exceptions to custodial recording requirements

  46-4-409. Exceptions to custodial recording requirements. A judge shall admit statements or evidence of statements that do not conform to 46-4-408 if, at hearing, the state proves by a preponderance of the evidence that:   (1) the statements have been made voluntarily and are reliable; or   (2) one or more of the following circumstances existed at the time of the custodial interrogation:   (a) the questions put forth by law enforcement personnel and the person's responsive statements were part of the routine processing or booking of the person;   (b) before or during a custodial interrogation, the person unambiguously declared that the person would respond to the law enforcement officer's questions only if the person's statements were not electronically recorded;   (c) the failure to electronically record an interrogation in its entirety was the result of unforeseeable equipment failure and obtaining replacement equipment was not practicable;   (d) exigent circumstances prevented the making of an electronic recording of the custodial interrogation;   (e) the person's statements were surreptitiously recorded by or under the direction of law enforcement personnel;   (f) the person's statement was made during a custodial interrogation that was conducted in another state by peace officers of that state in compliance with the laws of that state; or   (g) the person's statement was made spontaneously and not in response to a question.   History: En. Sec. 4, Ch. 214, L. 2009.
MT Code § 46-4-410 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 4. Custodial Interrogations -- Recording|46-4-410. Cautionary jury instruction

  46-4-410. Cautionary jury instruction. If the defendant objects to the introduction of evidence under 46-4-408 and the court finds by a preponderance of the evidence that the statements are admissible, the judge shall, upon motion of the defendant, provide the jury with a cautionary instruction.   History: En. Sec. 5, Ch. 214, L. 2009.
MT Code § 46-4-411 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 4. Custodial Interrogations -- Recording|46-4-411. Handling and preservation of electronic recordings

  46-4-411. Handling and preservation of electronic recordings. (1) An electronic recording of a custodial interrogation must be clearly identified and catalogued by law enforcement personnel.   (2) If a criminal or youth court proceeding is brought against a person who was the subject of an electronically recorded custodial interrogation, the electronic recording must be preserved by law enforcement personnel until all appeals and all postconviction and habeas corpus proceedings are final and concluded or until the time within which the proceedings must be brought has expired.   (3) Upon motion by the defendant, the court may order that a copy of the electronic recording be preserved for any period beyond the expiration of all appeals.   (4) If a criminal or youth court proceeding is not brought against a person who has been the subject of an electronically recorded custodial interrogation, the related electronic recording must be preserved by law enforcement personnel until all applicable state and federal statutes of limitations bar prosecution of the person.   History: En. Sec. 6, Ch. 214, L. 2009.
MT Code § 46-5-101 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 1. Legality and Admissibility|46-5-101. Searches and seizures -- when authorized

  46-5-101. Searches and seizures -- when authorized. A search of a person, object, or place may be made and evidence, contraband, and persons may be seized in accordance with Title 46 when a search is made:   (1) by the authority of a search warrant; or   (2) in accordance with judicially recognized exceptions to the warrant requirement.   History: En. 95-701 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-701; amd. Sec. 47, Ch. 800, L. 1991; amd. Sec. 3, Ch. 262, L. 1993.
MT Code § 46-5-102 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 1. Legality and Admissibility|46-5-102. Scope of search incident to arrest

  46-5-102. Scope of search incident to arrest. When a lawful arrest is effected, a peace officer may reasonably search the person arrested and the area within such person's immediate presence for the purpose of:   (1) protecting the officer from attack;   (2) preventing the person from escaping;   (3) discovering and seizing the fruits of the crime; or   (4) discovering and seizing any persons, instruments, articles, or things which may have been used in the commission of or which may constitute evidence of the offense.   History: En. 95-702 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-702.
MT Code § 46-5-103 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 1. Legality and Admissibility|46-5-103. When search and seizure not illegal

  46-5-103. When search and seizure not illegal. (1) A search and seizure, whether with or without a warrant, may not be held to be illegal if:   (a) the defendant has disclaimed any right to or interest in the place or object searched or the evidence, contraband, or person seized;   (b) a right of the defendant has not been infringed by the search and seizure; or   (c) any irregularity in the proceedings has no effect on the substantial rights of the accused.   (2) Evidence, contraband, or persons lawfully seized are admissible as evidence in any prosecution or proceeding whether or not the prosecution or proceeding is for the offense in connection with which the search was originally made.   History: En. 95-717 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-717; amd. Sec. 48, Ch. 800, L. 1991.
MT Code § 46-5-104 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 1. Legality and Admissibility|46-5-104. Repealed

  46-5-104. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-718 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-718.
MT Code § 46-5-105 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 5. Search and Seizure|Part 1. Legality and Admissibility|46-5-105. Reasonable suspicion required before strip search

  46-5-105. Reasonable suspicion required before strip search. A person arrested or detained for a traffic offense or an offense that is not a felony may not be subjected to a strip search or a body cavity search by a peace officer or law enforcement employee unless there is reasonable suspicion to believe the person is concealing a weapon, contraband, or evidence of the commission of a crime.   History: En. Sec. 1, Ch. 192, L. 2013.