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Montana · Through Montana Code Annotated 2025

46-24-206: Property return -- right to be heard on disposition of evidence.

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Where this section sits in the code
  1. TITLE 46. CRIMINAL PROCEDURE
  2. CHAPTER 24. TREATMENT OF VICTIMS AND WITNESSES
  3. Part 2. Services to Victim, Witness

(1) A law enforcement agency or prosecuting attorney shall promptly return any of the victim's property held for evidentiary purposes, unless there is a compelling law enforcement reason for retaining the property.

(2) Before the destruction, disposal, or use of evidence that is not the victim's property, the court shall, as provided in 46-5-308, give the victim an opportunity to be heard as to the appropriate disposition of the evidence.

Collected 2026-09-14T04:55:58Z. Source file · JSON

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