{"data":{"id":"us-mt/46-4-409","jurisdiction":"us-mt","citation":"46-4-409","heading":"Exceptions to custodial recording requirements.","body":"A judge shall admit statements or evidence of statements that do not conform to 46-4-408 if, at hearing, the state proves by a preponderance of the evidence that:\n(1) the statements have been made voluntarily and are reliable; or\n(2) one or more of the following circumstances existed at the time of the custodial interrogation:\n(a) the questions put forth by law enforcement personnel and the person's responsive statements were part of the routine processing or booking of the person;\n(b) before or during a custodial interrogation, the person unambiguously declared that the person would respond to the law enforcement officer's questions only if the person's statements were not electronically recorded;\n(c) the failure to electronically record an interrogation in its entirety was the result of unforeseeable equipment failure and obtaining replacement equipment was not practicable;\n(d) exigent circumstances prevented the making of an electronic recording of the custodial interrogation;\n(e) the person's statements were surreptitiously recorded by or under the direction of law enforcement personnel;\n(f) the person's statement was made during a custodial interrogation that was conducted in another state by peace officers of that state in compliance with the laws of that state; or\n(g) the person's statement was made spontaneously and not in response to a question.","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_0090/0460-0040-0040-0090.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:55:39Z","sha256":"20f556c5d3e31febf9ef46d723436afd97a569a7b24fa2ec5e6ed07ae1ef585c","source_id":"us-mt","stale":false,"prev":"us-mt/46-4-408","next":"us-mt/46-4-410"},"notice":"GroundRules: Original legal text. Not legal advice."}