Montana Code 46-5-118. Preservation and disclosure of records by law enforcement agency
46-5-118. Preservation and disclosure of records by law enforcement agency. (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 days after the date that the data is captured.
Terms Used In Montana Code 46-5-118
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- 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
- Statement: means :
(a)a writing signed or otherwise adopted or approved by a person;
(b)a video or audio recording of a person's communications or a transcript of the communications; and
(c)a writing containing a summary of a person's oral communications or admissions. See Montana Code 46-1-202
(2)Data obtained by an automatic license plate reader may be preserved for more than 90 days pursuant to any of the following:
(a)a preservation request submitted pursuant to subsection (3);
(b)a search warrant issued pursuant to 46-5-220; or
(c)a federal search warrant issued in compliance with the Federal Rules of Civil Procedure.
(3)Upon the request of a law enforcement agency, the custodian of captured license plate data shall take all necessary steps to immediately preserve captured license plate data in its possession. A requesting agency must specify in a sworn written statement:
(a)the location of the particular camera or cameras for which captured license plate data must be preserved;
(b)the particular license plate for which captured license plate data must be preserved;
(c)the date or dates and timeframes for which captured license plate data must be preserved;
(d)specific and articulable facts showing that there are reasonable grounds to believe that the captured license plate data is relevant and material to an ongoing criminal or missing persons investigation or is needed to prove a violation of a motor carrier safety regulation; and
(e)the case and the identity of the parties involved in the case.
(4)One year from the date of the initial preservation request, the captured license plate data obtained by an automatic license plate reader system must be destroyed according to the custodian’s record or data retention policy, unless the custodian receives another preservation request within the 1-year period. If the custodian receives another preservation request, the 1-year retention period resets based on the date of the second request.
(5)License plate data captured in accordance with 46-5-117 is a public record but is protected from disclosure under the provisions of Title 2, chapter 6, parts 10 through 12, except to the person to whom the license plate is registered.
(6)Nothing in this section may be construed as requiring the disclosure of captured license plate data if a law enforcement agency determines that disclosure of that data will compromise an ongoing investigation.
(7)Captured license plate data gathered by law enforcement may not be sold for any purpose except as provided in 46-5-117.