Montana Code 44-11-304. Authorization to enter agreement — general content — authority of peace officer
44-11-304. Authorization to enter agreement — general content — authority of peace officer. (1) Any one or more law enforcement agencies of this state may enter into a mutual aid agreement with any one or more law enforcement agencies of any other state or the United States to provide the law enforcement or emergency services that all of the parties are authorized by law to perform. If required by applicable law, the agreement must be authorized and approved by the governing body of each party to the agreement.
Terms Used In Montana Code 44-11-304
- agreement: means an agreement between two or more law enforcement agencies, consistent with the purposes of this part. See Montana Code 44-11-303
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Law enforcement agency: means a public agency lawfully established by statute or executive order that is responsible for the prevention and detection of crime and the enforcement of penal, traffic, regulatory, or game laws. See Montana Code 44-11-303
- Party law enforcement agency: means a law enforcement agency that is a party to a mutual aid agreement as set forth in this part. See Montana Code 44-11-303
- Peace officer: has the meaning as defined in 46-1-202. See Montana Code 44-11-303
- 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
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)The agreement must fully set forth the powers, rights, and obligations of the parties to the agreement.
(3)Subject to 44-11-308, a mutual aid agreement may grant a peace officer of any party law enforcement agency acting within the territorial jurisdiction of any other party law enforcement agency authority to act as if the officer were an appointed and qualified peace officer of the law enforcement agency the officer is assisting.