46-6-105. Time of making arrest. An arrest may be made at any time of the day or night, except that a person may not be arrested in the person’s home or private dwelling place at night for a misdemeanor committed at some other time and place unless upon the direction of a judge endorsed upon an arrest warrant. However, a person may be arrested in the person’s home or private dwelling at night if the person is being arrested pursuant to 46-6-311 for the offense of partner or family member assault.

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Terms Used In Montana Code 46-6-105

  • Arrest: Taking physical custody of a person by lawful authority.
  • Arrest: means taking a person into custody in the manner authorized by law. See Montana Code 46-1-202
  • 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