{"data":{"id":"us-mt/46-4-402","jurisdiction":"us-mt","citation":"46-4-402","heading":"Limitations on use of pen register or trap and trace device.","body":"(1) A person may not install or use a pen register or trap and trace device without a court order obtained under 46-4-403, except as provided in subsection (2). Subsection (2) may not be construed to permit a law enforcement agent to operate a pen register or trap and trace device without a court order obtained under 46-4-403. The use of a pen register or trap and trace device that has the ability to record conversations is prohibited.\n(2) Subsection (1) does not apply to the installation or use of a pen register or trap and trace device by a provider of a wire or electronic communication service:\n(a) for the:\n(i) operation, maintenance, or testing of the service;\n(ii) protection of the rights and property of the provider; or\n(iii) protection of a user of the service from abuse of or unlawful use of the service;\n(b) to record the fact that a wire or electronic communication was initiated or completed in order to protect the provider, another provider furnishing service toward the completion of the communication, or a user of the service from fraudulent, unlawful, or abusive use of the service; or\n(c) if the consent of each person whose originating or transmitted number is recorded or decoded is obtained.\n(3) A person who knowingly violates subsection (1) commits a criminal offense punishable upon conviction by incarceration for a period of up to 6 months and a fine of up to $500.","path":["TITLE 46. CRIMINAL PROCEDURE","CHAPTER 4. INVESTIGATIVE PROCEDURES","Part 4. Custodial Interrogations -- Recording"],"source_url":"https://mca.legmt.gov/bills/mca/title_0460/chapter_0040/part_0040/section_0020/0460-0040-0040-0020.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:55:39Z","sha256":"c13275931570609b10f8c7d8e6039fa80badddabb6632767f4d4944209dc3f7f","source_id":"us-mt","stale":false,"prev":"us-mt/46-4-401","next":"us-mt/46-4-403"},"notice":"GroundRules: Original legal text. Not legal advice."}