46-6-214. Form and content of arrest warrant. (1) An arrest warrant must:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Montana Code 46-6-214

  • 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
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
  • Judge: means a person who is vested by law with the power to perform judicial functions. See Montana Code 46-1-202
  • 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
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Writing: includes printing. See Montana Code 1-1-203

(a)be in writing in the name of the state of Montana or in the name of a municipality if a violation of a municipal ordinance is charged;

(b)set forth the nature of the offense;

(c)command that the person against whom the complaint was made be arrested and brought before the nearest or most accessible court for an initial appearance;

(d)specify the name of the person to be arrested or, if that person’s name is unknown, designate the person by any name or description by which the person can be identified with reasonable certainty;

(e)state the date when issued and the municipality or county where issued; and

(f)be signed by the judge of the court with the title of office noted.

(2)The arrest warrant may specify the amount of bail.