46-5-224. What may be seized with search warrant. A warrant may be issued under this section to search for and seize any:

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Terms Used In Montana Code 46-5-224

  • 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
  • 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.
  • 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

(1)evidence, including blood samples that may yield evidence of any measured amount or detected presence of alcohol or drugs in a person‘s body when subjected to testing;

(2)contraband; or

(3)person for whose arrest there is probable cause, for whom there has been a warrant of arrest issued, or who is unlawfully restrained.