46-5-602. Search warrant or investigative subpoena required. (1) A governmental entity may only require disclosure of an electronic communication stored, held, maintained, or transmitted by an electronic communication service other than a subscriber record pursuant to a search warrant or investigative subpoena issued by a court upon a finding of probable cause pursuant to Title 46, chapter 5, part 2, or Title 46, chapter 4, part 3.

Terms Used In Montana Code 46-5-602

  • Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
  • Electronic communication: means :

    (i)any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted or stored in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system; or

    (ii)any aural transfer made or stored in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other similar connection between the point of origin and the point of reception, including but not limited to the use of the wire, cable, or other similar connection in a switching station. See Montana Code 46-5-601

  • Electronic communication service: means :

    (a)a service that provides to users the ability to send or receive electronic communications;

    (b)a service that provides to users computer storage or processing services; or

    (c)a service that acts as an intermediary in the transmission of electronic communications. See Montana Code 46-5-601

  • Governmental entity: means a state or local agency, including but not limited to a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission, or an individual acting or purporting to act for or on behalf of a state or local agency. See Montana Code 46-5-601
  • 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

  • Subpoena: A command to a witness to appear and give testimony.
  • Subscriber record: means a record of or information about an electronic communication service or remote computing service that reveals the subscriber's or customer's:

    (i)name;

    (ii)address;

    (iii)local and long-distance telephone connection record or record of session time and duration;

    (iv)length of service, including start date;

    (v)type of service used;

    (vi)telephone number, instrument number, or other subscriber or customer number or identification, including a temporarily assigned network address; and

    (vii)means and source of payment for the service. See Montana Code 46-5-601

(2)The electronic communications collected under this section must be deleted after the conclusion of the criminal investigation, postconviction and after all appeals have been exhausted, or in accordance with data retention requirements under the law.

(3)The warrant and investigative subpoena requirements of this section do not apply to the electronic communications of adults or youth currently incarcerated in a correctional facility.