Montana Code 46-5-502. Authority to establish temporary roadblocks
46-5-502. Authority to establish temporary roadblocks. (1) A law enforcement agency of this state is authorized to establish, within its jurisdiction, temporary roadblocks on the highways of this state to:
Terms Used In Montana Code 46-5-502
- 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.
- Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. 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
- Summons: means a written order issued by the court that commands a person to appear before a court at a stated time and place to answer a charge for the offense set forth in the order. See Montana Code 46-1-202
- Summons: Another word for subpoena used by the criminal justice system.
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)apprehend persons known to be wanted for a violation of the laws of this state, of any other state, or of the United States;
(b)except as provided in 7-33-2212, respond to an active emergency; or
(c)respond to or mitigate conditions in areas where a significant number of known causal factors of motor vehicle accidents involving fatalities, injuries, or other serious legal violations are known to have occurred.
(2)During a temporary roadblock, verification of a valid driver’s license, vehicle registration, and insurance may be required.
(3)In the course of conducting a roadblock under subsection (1)(c), a law enforcement officer may not issue a ticket, citation, or summons for a secondary offense.
(4)For purposes of this section, the following definitions apply:
(a)”Active emergency” means an incident that threatens public safety, health, or welfare and requires immediate action.
(b)”Secondary offense” means a violation of an offense, including a violation of 61-13-103, for which a law enforcement officer may only issue a ticket, citation, or summons after the driver has already been stopped for a violation of another offense.