Montana Code 7-32-4105. Duties of chief of police
7-32-4105. Duties of chief of police. (1) The chief of police:
Terms Used In Montana Code 7-32-4105
- Arrest: Taking physical custody of a person by lawful authority.
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a)shall execute and return all process issued by the city judge or directed to the chief of police by any legal authority and must be present and shall assist the city court regularly;
(b)shall arrest all persons guilty of a breach of the peace or for the violation of any city or town ordinance and bring them before the city judge for trial;
(c)must have charge and control of all police officers, subject to rules that may be prescribed by ordinance, and report to the council all delinquencies or neglect of duty or official misconduct of police officers for action of the council;
(d)shall perform other duties that the council may prescribe.
(2)The chief of police has the same powers as a constable in the discharge of duties, but the chief of police may not serve a process in a civil action or proceeding except when a city or town is a party.
(3)Quotas for investigative stops, citations, or arrests may not be established and may not be used in evaluating police officers.