{"data":{"id":"us-mt/46-4-111","jurisdiction":"us-mt","citation":"46-4-111","heading":"Coroner's authority to seize and preserve evidence.","body":"(1) A county coroner may enter any room, dwelling, building, or other place in which the coroner has probable cause to believe that a dead human body or evidence of the circumstances of a death that requires investigation may be found. If refused entry, a coroner who is investigating a death pursuant to the coroner's authority may apply to a judge authorized to issue search warrants for a warrant to enter the premises and to search for and seize evidence of the cause of a death, including a dead human body.\n(2) The application for a search warrant must:\n(a) state facts sufficient to show probable cause that a human body or evidence of the circumstances of death is present in the place to be searched;\n(b) particularly describe the place to be searched; and\n(c) particularly describe the things to be seized.\n(3) To preserve evidence of the cause of death, a coroner may:\n(a) place under the coroner's custody and control any dwelling, building, item, vehicle, aircraft, railroad engine or train, vessel, enclosure, or open area for a period of not more than 10 days; and\n(b) forbid entrance by an unauthorized person into any area specified in subsection (3)(a).\n(4) A person may not enter an area that is restricted pursuant to subsection (3) without the permission of the coroner or the law enforcement agency having jurisdiction if there is also a criminal investigation in progress.","path":["TITLE 46. CRIMINAL PROCEDURE","CHAPTER 4. INVESTIGATIVE PROCEDURES","Part 1. Investigation of Death -- Autopsy"],"source_url":"https://mca.legmt.gov/bills/mca/title_0460/chapter_0040/part_0010/section_0110/0460-0040-0010-0110.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:55:38Z","sha256":"1043b580427cbcf7741f2bbd4e7145d1f7822f449ab90909d2c61da1725316c4","source_id":"us-mt","stale":false,"prev":"us-mt/46-4-110","next":"us-mt/46-4-112"},"notice":"GroundRules: Original legal text. Not legal advice."}