Montana Code 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:
Terms Used In Montana Code 46-5-224
- 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.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Search warrant: means an order that is:
(a)in writing;
(b)in the name of the state;
(c)signed by a judge;
(d)a particular description of the place, object, or person to be searched and the evidence, contraband, or person to be seized; and
(e)directed to a peace officer and commands the peace officer to search for evidence, contraband, or persons. See Montana Code 46-1-202
(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.