Montana Code 46-6-216. Manner of arrest with warrant
46-6-216. Manner of arrest with warrant. (1) When making an arrest pursuant to a warrant, a peace officer shall inform the person to be arrested of the officer’s authority, the intention to arrest that person, the cause of the arrest, and the fact that a warrant has been issued for that person’s arrest, except:
Terms Used In Montana Code 46-6-216
- 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.
- 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
(a)when the person flees or forcibly resists before the peace officer has an opportunity to inform the person; or
(b)when the giving of the information will imperil the arrest.
(2)The peace officer need not have possession of the warrant at the time of the arrest, but after the arrest, the warrant must be shown to the person arrested as soon as practicable if the person requests.