Montana Code 46-4-111. Coroner’s authority to seize and preserve evidence
46-4-111. Coroner’s authority to seize and preserve evidence. (1) A county coroner may enter any room, dwelling, building, or other place in which the coroner has probable cause to believe that a dead human body or evidence of the circumstances of a death that requires investigation may be found. If refused entry, a coroner who is investigating a death pursuant to the coroner’s authority may apply to a judge authorized to issue search warrants for a warrant to enter the premises and to search for and seize evidence of the cause of a death, including a dead human body.
Terms Used In Montana Code 46-4-111
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- 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
- Vessel: when used in reference to shipping, includes ships of all kinds, steamboats and steamships, canal boats, and every structure adapted to be navigated from place to place. See Montana Code 1-1-207
(2)The application for a search warrant must:
(a)state facts sufficient to show probable cause that a human body or evidence of the circumstances of death is present in the place to be searched;
(b)particularly describe the place to be searched; and
(c)particularly describe the things to be seized.
(3)To preserve evidence of the cause of death, a coroner may:
(a)place under the coroner’s custody and control any dwelling, building, item, vehicle, aircraft, railroad engine or train, vessel, enclosure, or open area for a period of not more than 10 days; and
(b)forbid entrance by an unauthorized person into any area specified in subsection (3)(a).
(4)A person may not enter an area that is restricted pursuant to subsection (3) without the permission of the coroner or the law enforcement agency having jurisdiction if there is also a criminal investigation in progress.