46-5-607. Admissibility of proof — violations. (1) Except as proof of a violation of this part, evidence obtained in violation of this part is not admissible in a civil, criminal, or administrative proceeding and may not be used in an affidavit in an effort to obtain a search warrant or court order.

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Terms Used In Montana Code 46-5-607

  • Court: means a place where justice is judicially administered and includes the judge of the court. 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.
  • Governmental entity: means a state or local agency, including but not limited to a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission, or an individual acting or purporting to act for or on behalf of a state or local agency. See Montana Code 46-5-601
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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 attorney general may apply for an injunction or commence a civil action against any governmental entity to compel compliance with the terms of this part.