Montana Code 46-30-301. Arrest of accused without warrant
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46-30-301. Arrest of accused without warrant. The arrest of a person may also be lawfully made by any peace officer or a private person without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term of 1 year or more. When arrested under this section, the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against the accused under oath setting forth the ground for the arrest as provided in 46-30-227. After the complaint is made, the accused’s answer must be heard as if the accused had been arrested on a warrant.
Terms Used In Montana Code 46-30-301
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Arrest: means taking a person into custody in the manner authorized by law. See Montana Code 46-1-202
- Arrest: Taking physical custody of a person by lawful authority.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Judge: means a person who is vested by law with the power to perform judicial functions. See Montana Code 46-1-202
- Peace officer: means any person who by virtue of the person's office or public employment is vested by law with a duty to maintain public order and make arrests for offenses while acting within the scope of the person's authority. See Montana Code 46-1-202
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201