§ 46-4-401 Definitions
§ 46-4-402 Limitations on use of pen register or trap and trace device
§ 46-4-403 Order for pen register or trap and trace device — installation — disclosures
§ 46-4-404 Immunity from suit
§ 46-4-405 Procedural irregularity — rule of evidence
§ 46-4-406 Purpose
§ 46-4-407 Definitions
§ 46-4-408 Recordings required
§ 46-4-409 Exceptions to custodial recording requirements
§ 46-4-410 Cautionary jury instruction
§ 46-4-411 Handling and preservation of electronic recordings

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Terms Used In Montana Code > Title 46 > Chapter 4 > Part 4 - Custodial Interrogations -- Recording

  • Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Judge: means a person who is vested by law with the power to perform judicial functions. See Montana Code 46-1-202
  • Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
  • Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
  • 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
  • Pen register: means a device that records or decodes electronic or other impulses that identify a number dialed or otherwise transmitted on a telephone line to which the pen register is attached. See Montana Code 46-4-401
  • 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.
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Property: means real and personal property. See Montana Code 1-1-205
  • Prosecutor: means an elected or appointed attorney who is vested by law with the power to initiate and carry out criminal proceedings on behalf of the state or a political subdivision. See Montana Code 46-1-202
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Statement: means :

    (a)a writing signed or otherwise adopted or approved by a person;

    (b)a video or audio recording of a person's communications or a transcript of the communications; and

    (c)a writing containing a summary of a person's oral communications or admissions. See Montana Code 46-1-202

  • Trap and trace device: means a device that records or decodes incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication was transmitted. See Montana Code 46-4-401
  • Writing: includes printing. See Montana Code 1-1-203