Montana Code 44-1-1101. Duty of patrol officer upon making arrest
44-1-1101. Duty of patrol officer upon making arrest. Upon making an arrest, a patrol officer shall:
Terms Used In Montana Code 44-1-1101
- Arrest: Taking physical custody of a person by lawful authority.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Summons: Another word for subpoena used by the criminal justice system.
(1)deliver the offender to the nearest justice of the peace during office hours or to the county jail;
(2)give the offender a summons describing the nature of the offense with instructions for the offender to report to the nearest justice of the peace; or
(3)(a) accept bail determined pursuant to Title 46, chapter 9, part 3; or
(b)with the offender’s permission, accept the offender’s driver’s license in lieu of bail if the summons describes a violation of any offense in Title 61, chapters 3 through 10, except chapter 8, part 4, and if the offender is the holder of an unexpired driver’s license.