reglab/statecodes huggingface dataset:
2023 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.
2023 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 Repealed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 Repealed.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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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).
2023 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).
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 6. Arrest › Part 4. Arrest by a Peace Officer › 46-6-402. Assisting a peace officer

46-6-402. Assisting a peace officer.
(1) A peace officer making a lawful arrest may command the aid of persons 18 years of age or older.
(2) A person commanded to aid a peace officer in making an arrest:
(a) has the same authority to arrest as that officer; and
(b) is not civilly liable for any reasonable conduct in aid of the officer.
History: En. 95-609 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 60, Ch. 535, L. 1975; R.C.M. 1947, 95-609; amd. Sec. 38, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 6. Arrest › Part 4. Arrest by a Peace Officer › 46-6-411. Assisting officer of another state

46-6-411. Assisting officer of another state.
(1) Any peace officer of another state, of the United States, or of the District of Columbia who enters this state in close pursuit of a person in order to arrest the person has the same authority to arrest and hold the person in custody as peace officers of this state have to arrest and hold in custody a person on the ground that the person has committed a crime in this state.
(2) If an arrest is made in this state by an officer of another state, of the United States, or of the District of Columbia, the officer shall without unnecessary delay take the arrested person before a judge of a court of record, who shall conduct a hearing for the sole purpose of determining if the arrest was in accordance with the provisions of subsection (1) and not for the purpose of determining the guilt or innocence of the arrested person.
(3) If the judge determines that the arrest was in accordance with subsection (1), the judge shall commit the arrested person to the custody of the officer making the arrest, who shall without unnecessary delay take the arrested person to the state from which that person fled. If the judge determines that the arrest was unlawful, the judge shall discharge the person arrested.
(4) This section may not be construed to make unlawful any arrest in this state that would otherwise be lawful.
History: En. 95-619 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-619(part); amd. Sec. 39, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 6. Arrest › Part 4. Arrest by a Peace Officer › 46-6-412. Arrest by United States customs and border protection officer or immigration and customs enforcement officer

46-6-412. Arrest by United States customs and border protection officer or immigration and customs enforcement officer.
A United States customs and border protection officer or immigration and customs enforcement officer may make an arrest without a warrant if the officer is on duty and one or more of the following situations exist:
(1) A person commits or attempts to commit an offense in the officer's presence.
(2) The officer believes on reasonable grounds that the person is committing an offense or that the person committed an offense and the circumstances require the person's immediate arrest.
(3) The officer believes on reasonable grounds that a warrant for the person's arrest has been issued in this state.
(4) The officer believes on reasonable grounds that a felony warrant for the person's arrest has been issued in another jurisdiction.
History: En. Sec. 1, Ch. 107, L. 1983; amd. Sec. 1736, Ch. 56, L. 2009; amd. Sec. 25, Ch. 19, L. 2011.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 6. Arrest › Part 4. Arrest by a Peace Officer › 46-6-420. Arrest, citation, or stop quotas prohibited

46-6-420. Arrest, citation, or stop quotas prohibited.
(1) A state or local government agency employing a peace officer may not adopt and require a peace officer to comply with a quota and may not suggest a quota for arrests, citations, or investigative stops for any criminal offense or class of criminal offenses, including violations of traffic or motor vehicle laws, contained in state law, an administrative rule adopted by an agency of the state government, or a local government ordinance.
(2) For purposes of this section, "quota" means a specific number of arrests, citations, or investigative stops.
History: En. Sec. 1, Ch. 242, L. 2005; amd. Sec. 5, Ch. 244, L. 2007.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 6. Arrest › Part 5. Arrest by a Private Person › 46-6-501. Repealed

46-6-501. Repealed.
Sec. 263, Ch. 800, L. 1991.
History: En. 95-611.1 by Sec. 1, Ch. 274, L. 1974; R.C.M. 1947, 95-611.1.