Montana Code 46-5-220. Authority to issue search warrant
46-5-220. Authority to issue search warrant. (1) A peace officer, the city or county attorney, or the attorney general may apply for a search warrant.
Terms Used In Montana Code 46-5-220
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- Judge: means a person who is vested by law with the power to perform judicial functions. See Montana Code 46-1-202
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- 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
(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 within this state.