Montana Code 46-5-221. Grounds for search warrant
46-5-221. Grounds for search warrant. A judge shall issue a search warrant to a person upon application, in writing, by telephone, or electronically, made under oath or affirmation, that:
Terms Used In Montana Code 46-5-221
- 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.
- 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
- 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
- Writing: includes printing. See Montana Code 1-1-203
(1)states facts sufficient to support probable cause to believe that an offense has been committed;
(2)states facts sufficient to support probable cause to believe that evidence, contraband, or persons connected with the offense may be found;
(3)particularly describes the place, object, or persons to be searched; and
(4)particularly describes who or what is to be seized.