§ 46-5-101 Searches and seizures — when authorized
§ 46-5-102 Scope of search incident to arrest
§ 46-5-103 When search and seizure not illegal
§ 46-5-104 Repealed
§ 46-5-105 Reasonable suspicion required before strip search
§ 46-5-109 Limitations on unmanned aerial vehicles
§ 46-5-110 Location information privacy — civil penalty — definitions
§ 46-5-111 Definitions
§ 46-5-112 Electronic data privacy — warrant required — exceptions
§ 46-5-113 Civil action for violation
§ 46-5-117 Use of license plate reader prohibited — exceptions — definition — penalty
§ 46-5-118 Preservation and disclosure of records by law enforcement agency
§ 46-5-119 Confidentiality of information

Terms Used In Montana Code > Title 46 > Chapter 5 > Part 1 - Legality and Admissibility

  • 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.
  • 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.
  • 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.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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
  • 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.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • 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

  • 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
  • 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