Montana Code 46-5-223. To whom search warrant directed
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46-5-223. To whom search warrant directed. A search warrant must be directed to a specific peace officer commanding the officer to search for and seize the evidence, contraband, or person designated in the warrant.
Terms Used In Montana Code 46-5-223
- 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.
- 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
- 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