Montana Code 46-5-109. Limitations on unmanned aerial vehicles
46-5-109. Limitations on unmanned aerial vehicles. (1) In any prosecution or proceeding within the state of Montana, information from an unmanned aerial vehicle is not admissible as evidence unless the information was obtained:
Terms Used In Montana Code 46-5-109
- 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.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Search warrant: means an order that is:
(a)in writing;
(b)in the name of the state;
(c)signed by a judge;
(d)a particular description of the place, object, or person to be searched and the evidence, contraband, or person to be seized; and
(e)directed to a peace officer and commands the peace officer to search for evidence, contraband, or persons. See Montana Code 46-1-202
- 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
(a)pursuant to the authority of a search warrant;
(b)in accordance with judicially recognized exceptions to the warrant requirement; or
(c)during the investigation of a motor vehicle crash scene that occurs on or involves a public roadway.
(2)Information obtained from the operation of an unmanned aerial vehicle may not be used in an affidavit of probable cause in an effort to obtain a search warrant unless the information was obtained under the circumstances described in subsection (1)(a), (1)(b), or (1)(c).
(3)For the purposes of this section, “unmanned aerial vehicle” means an aircraft that is operated without direct human intervention from on or within the aircraft. The term does not include satellites.