Title 46, Title 46

If it appears from the contents of the complaint and the examination of the complainant and from the examination of other witnesses or affidavits, if any, that there is probable cause to believe that the person against whom the complaint was made has committed an offense, a warra…

No warrant of arrest shall be dismissed nor shall any person in custody for an offense be discharged from such custody because of technical irregularities not affecting the substantial rights of the accused.

A peace officer may arrest a person when the officer has a warrant commanding that the person be arrested or when the officer believes on reasonable grounds: (1) that a warrant for the person's arrest has been issued in this state, except that unless otherwise provided by law, a …

(1) Upon the filing of a charge, the court may issue a summons or an arrest warrant as provided in 46-11-201. A summons may be issued to a corporation upon the filing of a charge against it. More than one warrant or summons may be issued on the same charge. (2) A summons may be s…

(1) If, after the issuance of a summons or notice to appear, the judge becomes satisfied that the person has not appeared or will not appear as commanded, the judge may at once issue an arrest warrant. (2) If after being summoned the corporation does not appear, a plea of not gui…

(1) When authorized to issue an arrest warrant, a court may instead issue a summons. (2) A summons may be served personally or by first-class mail. (3) The summons must: (a) be in writing in the name of the state of Montana or in the name of the municipality if the violation of a…

(1) An arrest warrant must: (a) be in writing in the name of the state of Montana or in the name of a municipality if a violation of a municipal ordinance is charged; (b) set forth the nature of the offense; (c) command that the person against whom the complaint was made be arres…

An arrest warrant may be directed to all peace officers in the state. It must be executed by a peace officer and may be executed in any county of the state. Arrest warrants issued for the violation of city ordinances may not be executed outside the city limits, except as otherwis…

(1) When making an arrest pursuant to a warrant, a peace officer shall inform the person to be arrested of the officer's authority, the intention to arrest that person, the cause of the arrest, and the fact that a warrant has been issued for that person's arrest, except: (a) when…

(1) Whenever a peace officer is authorized to arrest a person without a warrant, the officer may instead issue the person a notice to appear. (2) The notice must: (a) be in writing; (b) state the person's name and address, if known; (c) set forth the nature of the offense; (d) be…

(1) A peace officer may arrest a person when a warrant has not been issued if the officer has probable cause to believe that the person is committing an offense or that the person has committed an offense and existing circumstances require immediate arrest. (2) (a) The summoning …

A peace officer making an arrest without a warrant shall inform the person to be arrested of the officer's authority, of the intention to arrest that person, and of the cause of the arrest, except when the person to be arrested is actually engaged in the commission of or in an at…

When no warrant has been issued, a peace officer having custody of a person arrested may release the arrested person without requiring that person to appear before a court when the officer is satisfied that there are insufficient grounds to commence prosecution.

(1) A peace officer making a lawful arrest may command the aid of persons 18 years of age or older. (2) A person commanded to aid a peace officer in making an arrest: (a) has the same authority to arrest as that officer; and (b) is not civilly liable for any reasonable conduct in…

(1) Any peace officer of another state, of the United States, or of the District of Columbia who enters this state in close pursuit of a person in order to arrest the person has the same authority to arrest and hold the person in custody as peace officers of this state have to ar…

A United States customs and border protection officer or immigration and customs enforcement officer may make an arrest without a warrant if the officer is on duty and one or more of the following situations exist: (1) A person commits or attempts to commit an offense in the offi…

(1) A state or local government agency employing a peace officer may not adopt and require a peace officer to comply with a quota and may not suggest a quota for arrests, citations, or investigative stops for any criminal offense or class of criminal offenses, including violation…

(1) A private person may arrest another when there is probable cause to believe that the person is committing or has committed an offense and the existing circumstances require the person's immediate arrest. The private person may use reasonable force to detain the arrested perso…

A peace officer who, pursuant to law, takes custody of a person arrested by a private citizen shall proceed in accordance with 46-6-104 and 46-6-312 and as otherwise provided by law.

(1) A merchant, as defined in 30-11-301, who has reason to believe that a person has committed or is in the process of committing the offense of theft may stop and temporarily detain that person. The merchant: (a) shall promptly inform the person that the stop is for investigatio…

(1) A probation and parole officer who, while in the course of conducting the officer's duties, has a reasonable suspicion that a person is interfering or will interfere with the officer's duties or has probable cause to believe that the person is committing or has committed an o…

(1) A surety bail bond insurance producer who has probable cause to believe that a principal insured by the surety insurer to which the producer is appointed will fail to appear in court, in violation of 46-9-503(2), or has violated a condition of their release, may use reasonabl…

When a peace officer is called to the scene of a reported incident of domestic violence but does not make an arrest, the peace officer shall file a written report with the officer commanding the law enforcement agency employing the peace officer, setting forth the reason or reaso…

Whenever a peace officer arrests a person for partner or family member assault, as defined in 45-5-206, or responds to a call in which partner or family member assault is suspected, the officer, outside the presence of the offender, shall advise the victim of the availability of …

(1) A peace officer who responds to a call relating to partner or family member assault shall seize the weapon used or threatened to be used in the alleged assault. (2) The responding officer may, as appropriate: (a) take reasonable action necessary to provide for the safety of a…