Montana Code 61-8-703. Arrest without warrant in radar cases
61-8-703. Arrest without warrant in radar cases. (1) The driver of a motor vehicle may be arrested without a warrant under this section if the arresting officer is in uniform or displays the officer’s badge of authority and has either:
Terms Used In Montana Code 61-8-703
- Arrest: Taking physical custody of a person by lawful authority.
- Driver: means a person who drives or is in actual physical control of a vehicle. See Montana Code 61-1-101
- Motor vehicle: means :
(i)a vehicle propelled by its own power and designed or used to transport persons or property on the highways of the state;
(ii)a quadricycle if it is equipped for use on the highways as prescribed in chapter 9; or
(iii)a golf cart only if it is equipped for use on the highways as prescribed in chapter 9 and is operated pursuant to 61-8-391 or by a person with a low-speed restricted driver's license. See Montana Code 61-1-101
- Vehicle: means a device in, on, or by which any person or property may be transported or drawn on a public highway, except devices moved by animal power or used exclusively on stationary rails or tracks. See Montana Code 61-1-101
(a)observed the recording of the speed of the vehicle by radio microwaves or other electrical device; or
(b)received, from the officer who has observed the speed of the vehicle recorded by the radio microwaves or other electrical device, a radio message giving the license number or other sufficient identification of the vehicle and the recorded speed, dispatched immediately after the speed of the vehicle was recorded.
(2)The arrest without a warrant of any driver must be made immediately after the observation or radio message and as the result of uninterrupted pursuit.