Title 46, Title 46

(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…

A search of a person, object, or place may be made and evidence, contraband, and persons may be seized in accordance with Title 46 when a search is made: (1) by the authority of a search warrant; or (2) in accordance with judicially recognized exceptions to the warrant requiremen…

When a lawful arrest is effected, a peace officer may reasonably search the person arrested and the area within such person's immediate presence for the purpose of: (1) protecting the officer from attack; (2) preventing the person from escaping; (3) discovering and seizing the fr…

(1) A search and seizure, whether with or without a warrant, may not be held to be illegal if: (a) the defendant has disclaimed any right to or interest in the place or object searched or the evidence, contraband, or person seized; (b) a right of the defendant has not been infrin…

A person arrested or detained for a traffic offense or an offense that is not a felony may not be subjected to a strip search or a body cavity search by a peace officer or law enforcement employee unless there is reasonable suspicion to believe the person is concealing a weapon, …

(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.