Montana Code 46-5-112. Electronic data privacy — warrant required — exceptions
46-5-112. Electronic data privacy — warrant required — exceptions. (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.
Terms Used In Montana Code 46-5-112
- Court: means a place where justice is judicially administered and includes the judge of the court. 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
- 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
(2)A government entity may obtain the stored data of an electronic device without a search warrant:
(a)with the consent of the owner or authorized user of the electronic device;
(b)in accordance with judicially recognized exceptions to warrant requirements;
(c)if the owner has voluntarily and publicly disclosed the stored data;
(d)if the government entity, in good faith, believes that an emergency involving danger, death, or serious physical injury to a person requires immediate disclosure of communications relating to the emergency;
(e)in order to respond to the user’s call for emergency services; or
(f)for any electronic devices found within the confines of a correctional facility.
(3)Nothing in 46-5-111 through 46-5-113 may be construed to limit a government entity’s ability to use, maintain, or store information on its own electronic devices or to disseminate information stored on its own electronic devices.
(4)Sections 46-5-111 through 46-5-113 do not apply to motor carrier safety or hazardous materials programs implemented by the department of transportation for purposes of complying with federal motor carrier safety regulations.