Montana Code 46-5-103. When search and seizure not illegal
46-5-103. When search and seizure not illegal. (1) A search and seizure, whether with or without a warrant, may not be held to be illegal if:
Terms Used In Montana Code 46-5-103
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(a)the defendant has disclaimed any right to or interest in the place or object searched or the evidence, contraband, or person seized;
(b)a right of the defendant has not been infringed by the search and seizure; or
(c)any irregularity in the proceedings has no effect on the substantial rights of the accused.
(2)Evidence, contraband, or persons lawfully seized are admissible as evidence in any prosecution or proceeding whether or not the prosecution or proceeding is for the offense in connection with which the search was originally made.