reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 4. Investigative Procedures › Part 2. Inquests › 46-4-204. Repealed

46-4-204. Repealed.
Sec. 21, Ch. 660, L. 1991.
History: En. 95-806 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-806; amd. Sec. 3, Ch. 343, L. 1983.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 4. Investigative Procedures › Part 2. Inquests › 46-4-205. Verdict of jury -- form

46-4-205. Verdict of jury -- form.
(1) The jury may view the body, and the county attorney may require the jury to view the body. The jury shall review the death scene and may do so by videotape, photographs, or slide transparencies. After viewing the body and the death scene and hearing the testimony, the jury shall render its verdict, which must be by majority vote, and certify the verdict in writing signed by each juror.
(2) (a) The verdict must set forth:
(i) who the deceased person is;
(ii) when and where the deceased died;
(iii) if the deceased died by criminal means; and
(iv) if the deceased was killed or the deceased's death was occasioned by the act of another by criminal means, who committed the act, if known.
(b) If the jury finds that the death was not by criminal means, that fact must be stated on the verdict form.
(c) If evidence presented at the inquest supports a conclusion that the deceased engaged police in a deadly force encounter as a method of suicide, the jury shall indicate on the form that the deceased died by suicide through law enforcement intervention.
History: En. 95-807 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-807; amd. Sec. 17, Ch. 660, L. 1991; amd. Sec. 1734, Ch. 56, L. 2009; amd. Sec. 1, Ch. 532, L. 2023.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 4. Investigative Procedures › Part 2. Inquests › 46-4-206. Recording and filing of testimony and proceedings

46-4-206. Recording and filing of testimony and proceedings.
Testimony before a coroner's jury must be given under oath. The testimony of the witnesses examined and proceedings before the coroner's jury must be recorded and transcribed by a competent stenographer appointed by the coroner. The record of the inquest and the verdict of the jury must be filed by the coroner in the office of the clerk of the district court of the county in which the inquest was held. The expenses of recording and transcribing must be paid by the county upon claims duly rendered and certified to by the coroner in the same manner as other claims against the county are paid.
History: En. 95-808 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-808; amd. Sec. 18, Ch. 660, L. 1991.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 4. Investigative Procedures › Part 5. Lineup Procedure › 46-4-501. Definitions

46-4-501. Definitions.
As used in this part, unless the context clearly indicates otherwise, the following definitions apply:
(1) "Eyewitness" means a person whose identification by sight of another person may be relevant in a criminal proceeding.
(2) "Live lineup" means a group of people displayed to an eyewitness for the purpose of determining if the eyewitness can identify the perpetrator of a crime.
(3) "Photographic lineup" means an array of photographs displayed to an eyewitness for the purpose of determining if the eyewitness can identify the perpetrator of a crime.
History: En. Sec. 1, Ch. 416, L. 2023.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 4. Investigative Procedures › Part 5. Lineup Procedure › 46-4-502. Lineup procedure

46-4-502. Lineup procedure.
A lineup conducted by a law enforcement agency of this state or any political subdivision must meet the following requirements:
(1) The peace officer who is the administrator of a live or photographic lineup must be unaware of which person in the lineup is the suspected perpetrator of the crime under investigation or, if that is not practicable, the administrator shall use a photographic lineup that prevents the administrator from seeing which member of the photographic lineup is being viewed by the eyewitness.
(2) Before the lineup is administered, the eyewitness must be instructed that the suspected perpetrator may or may not be in the lineup.
(3) Any person who is not the suspected perpetrator in the lineup must be substantially similar to the eyewitness's description of the suspected perpetrator.
(4) Immediately after an identification is made, the eyewitness shall provide a statement in the eyewitness's own words that articulates the level of the eyewitness's confidence in the identification.
(5) A failure to comply with any of the requirements of this section must be:
(a) considered by a court in adjudicating a motion to suppress eyewitness identification; and
(b) admissible in support of a claim of eyewitness misidentification if the evidence is otherwise admissible.
History: En. Sec. 2, Ch. 416, L. 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.