Montana Code 46-6-104. Method of arrest
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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.
Terms Used In Montana Code 46-6-104
- 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.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
(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.