Title 46, Title 46

(1) In any prosecution or proceeding within the state of Montana, information from an unmanned aerial vehicle is not admissible as evidence unless the information was obtained: (a) pursuant to the authority of a search warrant; (b) in accordance with judicially recognized excepti…

(1) (a) Except as provided in subsection (1)(b), a government entity may not obtain the location information of an electronic device without a search warrant issued by a duly authorized court. (b) A government entity may obtain location information of an electronic device under a…

As used in 46-5-111 through 46-5-113, the following definitions apply: (1) "Authorized user" means a person who has the permission of the owner to possess and operate the electronic device. (2) "Electronic communication service" means a service that: (a) provides to users the abi…

(1) Except as provided in subsection (2), a government entity may not obtain the stored data of an electronic device without a search warrant issued by a court upon a finding of probable cause. (2) A government entity may obtain the stored data of an electronic device without a s…

The attorney general may apply for an injunction or commence a civil action against any government entity to compel compliance with the terms of 46-5-111 through 46-5-113.

Displaying an electronic license on an electronic device or handing an electronic device displaying an electronic license to a peace officer does not constitute consent to a search or seizure of the electronic device.

(1) Except as provided in subsection (2), an agency or employee of the state or any subdivision of the state may not use, either directly or indirectly, a license plate reader on any public highway. (2) (a) The department of transportation or an incorporated city or town may use …

(1) Except as provided in subsection (2), captured license plate data obtained by an automatic license plate reader system that is operated by or on behalf of a law enforcement agency for law enforcement purposes pursuant to 46-5-117(2)(d) may not be preserved for more than 90 da…

The information collected or stored in any database under the provisions of 46-5-117(2)(a) through (2)(c): (1) is private, is not a public record, and is not subject to public disclosure; (2) may be accessed by an employee of the state or of a political subdivision of the state o…

(1) When a peace officer informs a pawnbroker or dealer who buys and sells secondhand merchandise that property pawned to or purchased by the pawnbroker or dealer is stolen property, as defined in 45-2-101, the pawnbroker or dealer who buys and sells secondhand merchandise shall …

(1) A peace officer, the city or county attorney, or the attorney general may apply for a search warrant. (2) A search warrant may be issued by: (a) a city or municipal court judge or justice of the peace within the judge's geographical jurisdiction; or (b) a district court judge…

A judge shall issue a search warrant to a person upon application, in writing, by telephone, or electronically, made under oath or affirmation, that: (1) states facts sufficient to support probable cause to believe that an offense has been committed; (2) states facts sufficient t…

(1) Whenever an application for a search warrant is made by telephone, the applicant shall, in addition to the requirements contained in 46-5-221, state reasons to justify immediate issuance of a search warrant. (2) (a) All testimony given over the telephone or electronically tha…

A search warrant must be directed to a specific peace officer commanding the officer to search for and seize the evidence, contraband, or person designated in the warrant.

A warrant may be issued under this section to search for and seize any: (1) evidence, including blood samples that may yield evidence of any measured amount or detected presence of alcohol or drugs in a person's body when subjected to testing; (2) contraband; or (3) person for wh…

The warrant may be served at any time of the day or night. The warrant must be served within 10 days from the time of issuance. Any warrant not served within 10 days is void and must be returned to the court or the judge issuing the warrant and identified as "not served".

A search warrant must in all cases be served by the peace officer specifically named and by no other person except in aid of the officer when the officer is present and acting in its service.

Service of a search warrant is made by exhibiting the original warrant or a duplicate original warrant at the place to be searched, to the person to be searched, or to a known lawful occupant of a property to be searched. The officer taking property under the warrant shall give t…

(1) All necessary and reasonable force may be used to serve a search warrant or to effect an entry into any building, property, or object to serve a search warrant, but any restraint or detention of the person served must be in the least restrictive manner that is consistent with…

(1) A return must be made promptly and must be accompanied by a written inventory of any evidence or contraband taken, verified by the person serving the warrant. The return must be made before the judge who issued the warrant or, if the judge is absent or unavailable, before the…

If property seized as evidence is not claimed within 6 months of completion of the case for which it was seized, it must be disposed of pursuant to the provisions of 46-5-306 through 46-5-309.

The purpose of 46-5-306 through 46-5-309 is to provide a procedure by which physical evidence in criminal cases may be destroyed or appropriated for law enforcement use when prosecutions have been completed and no further legal proceeding is contemplated or when it does not appea…

(1) For a case filed in district court, the prosecutor may file a petition with the court alleging that there exist certain items held as evidence either by the law enforcement agency or the court and that the items no longer have any evidentiary value. The petition must include:…

(1) The court may enter an order providing for the destruction or disposition of the evidence. If a victim of the offense wishes to be heard on the petition, the court shall schedule a hearing on the petition and shall allow the victim to be heard in open court. The court shall c…

The provisions of Title 70, chapter 9, relating to the disposition of unclaimed or abandoned property, do not apply to actions filed pursuant to 46-5-306 through 46-5-309.

(1) The application on which the warrant is issued must be retained by the judge but is not required to be filed with the clerk of the court or with the court, if there is no clerk, until the warrant has been served or has been returned "not served". (2) The judge before whom the…

(1) Evidence or contraband lawfully seized without a warrant may be retained in the custody of the officer making the seizure for a time sufficient to complete an investigation. (2) Notice of the seizure and a receipt for the evidence or contraband seized must be given to the per…

(1) A person claiming the right to possession of property seized as evidence may apply to the judge for its return. The judge shall give written notice as the judge considers adequate to the prosecutor and all persons who have or may have an interest in the property and shall hol…

If a firearm possessed by a law enforcement agency was not purchased by the agency for agency use, if it is legal for a private person to own and possess the firearm, and if the legal owner cannot be determined by the agency, the agency may not destroy the firearm and shall sell …

(1) In order to obtain or verify an account of the person's presence or conduct or to determine whether to arrest the person, a peace officer may stop any person or vehicle that is observed in circumstances that create a particularized suspicion that the person or occupant of the…

A stop authorized by 46-5-401 or 46-6-411 may not last longer than is necessary to effectuate the purpose of the stop.

(1) A law enforcement agency of this state is authorized to establish, within its jurisdiction, temporary roadblocks on the highways of this state to: (a) apprehend persons known to be wanted for a violation of the laws of this state, of any other state, or of the United States; …

(1) A written plan for establishing a temporary roadblock pursuant to 46-5-502(1)(c) must: (a) be designed by the law enforcement agency to ensure motorist safety, minimize motorist inconvenience, and prevent the arbitrary selection of vehicles by providing a schedule for the sel…

As used in this part, the following definitions apply: (1) "Contents" means any information concerning the substance, purport, or meaning of a communication. (2) (a) "Electronic communication" means: (i) any transfer of signs, signals, writing, images, sounds, data, or intelligen…

(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 pursuant to…

Except as provided in Title 46, chapter 4, part 3, or Title 46, chapter 5, part 2, pursuant to a search warrant or investigative subpoena issued by a court, a governmental entity may not purchase the following: (1) electronic communications; (2) contents of electronic communicati…

(1) At or before the time that a governmental entity receives the contents of an electronic communication of a subscriber or customer from a provider of an electronic communication service pursuant to 46-5-602, the governmental entity shall serve upon or deliver to the subscriber…

(1) Except as expressly provided, nothing in this part may be construed to limit an electronic communication service or any other party from disclosing information about a request issued by a governmental entity for electronic communication information. (2) Nothing in 46-5-602 an…

(1) Except as proof of a violation of this part, evidence obtained in violation of this part is not admissible in a civil, criminal, or administrative proceeding and may not be used in an affidavit in an effort to obtain a search warrant or court order. (2) The attorney general m…

Providers of an electronic communication service subject to a warrant or other legal process under this part have standing to challenge a warrant or other legal process that is inconsistent with this part, any other statute or law, or the state or federal constitution.

No cause of action shall lie in any court against any provider of an electronic communication service, its officers, employees, or agents, or other specified persons for providing information or assistance in accordance with the terms of this part.

Nothing in this part prohibits the voluntary disclosure of electronic communication information by a provider of an electronic communication service or any other entity when the disclosure is not otherwise prohibited by law, including but not limited to when: (1) the provider fir…