46-6-412. Arrest by United States customs and border protection officer or immigration and customs enforcement officer. 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:

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Terms Used In Montana Code 46-6-412

  • Arrest: Taking physical custody of a person by lawful authority.
  • Arrest: means taking a person into custody in the manner authorized by law. 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.
  • Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • 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
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201

(1)A person commits or attempts to commit an offense in the officer’s presence.

(2)The officer believes on reasonable grounds that the person is committing an offense or that the person committed an offense and the circumstances require the person’s immediate arrest.

(3)The officer believes on reasonable grounds that a warrant for the person’s arrest has been issued in this state.

(4)The officer believes on reasonable grounds that a felony warrant for the person’s arrest has been issued in another jurisdiction.