Montana Code 46-5-228. Procedures assisting in execution of service of search warrant
46-5-228. Procedures assisting in execution of service of search warrant. (1) All necessary and reasonable force may be used to serve a search warrant or to effect an entry into any building, property, or object to serve a search warrant, but any restraint or detention of the person served must be in the least restrictive manner that is consistent with the safety of the person serving the warrant and anyone assisting that person.
Terms Used In Montana Code 46-5-228
- 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
- Property: means real and personal property. See Montana Code 1-1-205
- 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)The person serving the search warrant may reasonably detain and search any person on the premises being searched at the time of the search, but must do so in the least restrictive manner that is consistent with the safety of the person serving the warrant and anyone assisting that person. The search of persons on the premises is:
(a)for protection of the person serving the warrant and anyone assisting that person; or
(b)to prevent the disposal or concealment of any evidence, contraband, or persons particularly described in the warrant.