Terms Used In Montana Code > Title 46 > Chapter 5 - Search and Seizure

• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Allegation: something that someone says happened.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Arrest: means taking a person into custody in the manner authorized by law. See Montana Code 46-1-202
• Arrest: Taking physical custody of a person by lawful authority.
• Charge: means a written statement that accuses a person of the commission of an offense, that is presented to a court, and that is contained in a complaint, information, or indictment. See Montana Code 46-1-202
• Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
• Contents: means any information concerning the substance, purport, or meaning of a communication. See Montana Code 46-5-601
• Contract: A legal written agreement that becomes binding when signed.
• Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• 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

• 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.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Judge: means a person who is vested by law with the power to perform judicial functions. See Montana Code 46-1-202
• 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.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Oath: includes an affirmation or declaration. See Montana Code 1-1-201
• Oath: A promise to tell the truth.
• Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
• Oversight: Committee review of the activities of a Federal agency or program.
• Peace officer: means any person who by virtue of the person's office or public employment is vested by law with a duty to maintain public order and make arrests for offenses while acting within the scope of the person's authority. 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.
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Property: means real and personal property. See Montana Code 1-1-205
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Prosecutor: means an elected or appointed attorney who is vested by law with the power to initiate and carry out criminal proceedings on behalf of the state or a political subdivision. See Montana Code 46-1-202
• 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

• Statement: means :

  (a)a writing signed or otherwise adopted or approved by a person;

  (b)a video or audio recording of a person's communications or a transcript of the communications; and

  (c)a writing containing a summary of a person's oral communications or admissions. See Montana Code 46-1-202

• Statute: A law passed by a legislature.
• 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

• 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.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Writing: includes printing. See Montana Code 1-1-203