Montana Code 41-5-321. Taking into custody
41-5-321. Taking into custody. (1) A youth may be taken into custody under the following circumstances:
Terms Used In Montana Code 41-5-321
- Arrest: Taking physical custody of a person by lawful authority.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)by a law enforcement officer pursuant to a lawful order or process of any court;
(b)by a law enforcement officer pursuant to a lawful arrest for violation of the law;
(c)by a juvenile home arrest officer or an officer listed in subsections (1)(a) and (1)(b) if a youth placed under a home arrest program has violated a condition of the placement and the home arrest officer or law enforcement officer has direct knowledge of the violation or a juvenile probation officer has provided the juvenile home arrest officer notice of a violation.
(2)The taking of a youth into custody is not an arrest except for the purpose of determining the validity of the taking under the constitution of Montana or the United States.