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Montana · Through Montana Code Annotated 2025

46-5-102: Scope of search incident to arrest.

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Where this section sits in the code
  1. TITLE 46. CRIMINAL PROCEDURE
  2. CHAPTER 5. SEARCH AND SEIZURE
  3. Part 1. Legality and Admissibility

When a lawful arrest is effected, a peace officer may reasonably search the person arrested and the area within such person's immediate presence for the purpose of:

(1) protecting the officer from attack;

(2) preventing the person from escaping;

(3) discovering and seizing the fruits of the crime; or

(4) discovering and seizing any persons, instruments, articles, or things which may have been used in the commission of or which may constitute evidence of the offense.

Collected 2026-09-14T04:55:39Z. Source file · JSON

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