Montana Code 46-5-102. Scope of search incident to arrest
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46-5-102. Scope of search incident to arrest. When a lawful arrest is effected, a peace officer may reasonably search the person arrested and the area within such person’s immediate presence for the purpose of:
Terms Used In Montana Code 46-5-102
- Arrest: Taking physical custody of a person by lawful authority.
- Arrest: means taking a person into custody in the manner authorized by law. See Montana Code 46-1-202
- 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.
- Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. 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
(1)protecting the officer from attack;
(2)preventing the person from escaping;
(3)discovering and seizing the fruits of the crime; or
(4)discovering and seizing any persons, instruments, articles, or things which may have been used in the commission of or which may constitute evidence of the offense.