Title 46, Title 46

In the performance of duties under this chapter, the coroner may: (1) pronounce the fact of death of any human being under circumstances in which the coroner has a duty to inquire pursuant to 46-4-122; (2) certify and amend death certificates as considered necessary in circumstan…

(1) A county coroner may enter any room, dwelling, building, or other place in which the coroner has probable cause to believe that a dead human body or evidence of the circumstances of a death that requires investigation may be found. If refused entry, a coroner who is investiga…

(1) In an inquiry or inquest, a coroner may: (a) issue subpoenas for witnesses as provided in 46-4-203; and (b) issue subpoenas commanding the production of books, records, papers, documents, and other objects as may be necessary and proper to the inquiry or inquest. (2) Any mate…

The coroner may direct a properly qualified expert to conduct any test or examination that the coroner reasonably believes is necessary to determine the cause, manner, and circumstances of a death or to identify a dead human body. The coroner may also require examination by the n…

A licensed nurse, a midwife, a physician assistant, an emergency care provider, a birthing assistant, or any other person who assists in the delivery that occurs outside a licensed medical facility of a fetus that is believed or declared to be dead shall report the death by the e…

A person who finds a dead human body or fetus or remains that appear to be human shall immediately report this fact to the county coroner by telephone or by the fastest available means of communication.

For the purposes of this part, an inquiry by a county coroner is an informal examination of a death and its attendant circumstances to determine whether: (1) an inquest, which is a formal inquiry, should be held; (2) the reporting physician should certify the death; (3) any furth…

(1) The coroner shall inquire into and determine the cause and manner of death and all circumstances surrounding a human death: (a) that was caused or is suspected to have been caused: (i) in any degree by an injury, either recent or remote in origin; (ii) by the deceased or any …

(1) The coroner shall make a full report of the facts discovered in all human deaths requiring an inquiry under the provisions of 46-4-122. (2) The inquiry report must be: (a) made using the Montana coroner death management system, if implemented and operational by the local agen…

(1) An inquest is a formal inquiry into the causes of and circumstances surrounding the death of a person and is conducted by the coroner before a coroner's jury. (2) The coroner may hold an inquest only if requested to do so by the county attorney of the county in which death oc…

(1) When holding an inquest, the coroner shall summon a jury of at least 6 but not more than 12 persons qualified by law to serve as jurors and selected at random from a list of eligible jurors that is furnished to the coroner annually by the county clerk of court. (2) The jury s…

Upon the request of the county attorney, a coroner shall issue subpoenas for witnesses, returnable immediately or at a time and place the coroner may designate, that may be served by any competent person.

(1) The jury may view the body, and the county attorney may require the jury to view the body. The jury shall review the death scene and may do so by videotape, photographs, or slide transparencies. After viewing the body and the death scene and hearing the testimony, the jury sh…

Testimony before a coroner's jury must be given under oath. The testimony of the witnesses examined and proceedings before the coroner's jury must be recorded and transcribed by a competent stenographer appointed by the coroner. The record of the inquest and the verdict of the ju…

The county coroner shall keep an official register, in which the coroner shall enter the date of holding all inquests, the cause and circumstances of death, if known, and the name of the deceased, when known, and, when not, a description of the deceased that may be sufficient for…

(1) Whenever a prosecutor has a duty to investigate alleged unlawful activity, any justice of the supreme court or district court judge of this state may cause subpoenas to be issued commanding the persons to whom they are directed to appear before the prosecutor and give testimo…

(1) A person who, without just cause, fails to obey a subpoena served under this part is punishable for contempt of court. (2) (a) A person who, after being granted immunity under 46-4-305, refuses to give testimony or produce evidence under this part must be brought without unne…

A person aggrieved by a subpoena issued pursuant to this part may, within a reasonable time, file a motion to dismiss the subpoena and, in the case of a subpoena duces tecum, to limit its scope. The motion must be granted if the subpoena was improperly issued or, in the case of a…

(1) The prosecutor may examine under oath all witnesses subpoenaed pursuant to this part. Testimony must be recorded. The witness has the right to have counsel present at all times. If the witness does not have funds to obtain counsel, the judge or justice shall order the office …

(1) No person subpoenaed to give testimony pursuant to this part may be required to make a statement or to produce evidence that may be personally incriminating. (2) The prosecutor may, with the approval of the judge who authorized the issuance of the subpoena, grant a person sub…

(1) The fees and mileage of witnesses subpoenaed pursuant to this part are the same as those required in criminal actions. The state shall bear all costs, including the cost of service, when the application for the subpoena is made by the attorney general, the appropriate county …

A peace officer who, pursuant to a criminal investigation, recovers images or movies of a child in an exhibition of sexual conduct, actual or simulated, or images or movies of a child engaging in sexual conduct, actual or simulated, shall: (1) provide the images or movies to the …

(1) When an internet crimes against children task force officer has a duty to investigate an offense that involves the sexual exploitation of a minor, a justice of the supreme court or a district court judge of this state may cause subpoenas to be issued commanding the persons to…

As used in this part, the following definitions apply: (1) "Pen register" means a device that records or decodes electronic or other impulses that identify a number dialed or otherwise transmitted on a telephone line to which the pen register is attached. The term does not includ…

(1) A person may not install or use a pen register or trap and trace device without a court order obtained under 46-4-403, except as provided in subsection (2). Subsection (2) may not be construed to permit a law enforcement agent to operate a pen register or trap and trace devic…

(1) A prosecutor may apply to the district court for an order, or for the extension of an existing order, for the installation and use of a pen register or a trap and trace device. The application must be in writing and under oath. The application must name the prosecutor and mus…

Except for gross negligence or willful or wanton misconduct, there is no cause of action against a service provider, landlord, or custodian or their officers, employees, or agents or other nongovernmental person for injury or damage caused in furnishing facilities or assistance u…

An irregularity in a proceeding under this part may not be used to exclude evidence obtained under an order unless the irregularity affects substantial rights of the accused.

The legislature intends to require the electronic recording of custodial interrogations in felony cases based on the finding that properly recorded interrogations: (1) provide the best evidence of the communications that occurred during an interrogation; (2) prevent disputes abou…

As used in 46-4-406 through 46-4-411, the following definitions apply: (1) "Custodial interrogation" means an interview conducted by a peace officer in a place of detention for the purpose of investigating a felony or, in the case of a youth, an offense that would be a felony if …

Except as provided in 46-4-409, all custodial interrogations must be electronically recorded. The recording must contain a peace officer advising the person being interviewed of the person's Miranda rights, a recording of the interview, and a conclusion of the interview.

A judge shall admit statements or evidence of statements that do not conform to 46-4-408 if, at hearing, the state proves by a preponderance of the evidence that: (1) the statements have been made voluntarily and are reliable; or (2) one or more of the following circumstances exi…

If the defendant objects to the introduction of evidence under 46-4-408 and the court finds by a preponderance of the evidence that the statements are admissible, the judge shall, upon motion of the defendant, provide the jury with a cautionary instruction.

(1) An electronic recording of a custodial interrogation must be clearly identified and catalogued by law enforcement personnel. (2) If a criminal or youth court proceeding is brought against a person who was the subject of an electronically recorded custodial interrogation, the …

As used in this part, unless the context clearly indicates otherwise, the following definitions apply: (1) "Eyewitness" means a person whose identification by sight of another person may be relevant in a criminal proceeding. (2) "Live lineup" means a group of people displayed to …

A lineup conducted by a law enforcement agency of this state or any political subdivision must meet the following requirements: (1) The peace officer who is the administrator of a live or photographic lineup must be unaware of which person in the lineup is the suspected perpetrat…