{"data":{"id":"us-mt/46-5-112","jurisdiction":"us-mt","citation":"46-5-112","heading":"Electronic data privacy -- warrant required -- exceptions -- admissibility.","body":"(1) Except as provided in subsection (2), a government entity may not obtain the stored data of an electronic device without a search warrant issued by a court upon a finding of probable cause.\n(2) A government entity may obtain the stored data of an electronic device without a search warrant:\n(a) with the consent of the owner or authorized user of the electronic device;\n(b) for the electronic communications between a law enforcement officer using an undercover or fictitious identity for law enforcement purposes with the owner or authorized user of the electronic device;\n(c) in accordance with judicially recognized exceptions to warrant requirements;\n(d) if the owner has voluntarily and publicly disclosed the stored data;\n(e) if the government entity, in good faith, believes that an emergency involving danger, death, or serious physical injury to a person requires immediate disclosure of communications relating to the emergency;\n(f) in order to respond to the user's call for emergency services; or\n(g) for any electronic devices found within the confines of a correctional facility.\n(3) Any evidence obtained in violation of this section or 46-5-603 is not admissible in a civil, criminal, or administrative proceeding and may not be used in an affidavit of probable cause in an effort to obtain a search warrant.\n(4) Nothing in 46-5-111 through 46-5-113 may be construed to limit a government entity's ability to use, maintain, or store information on its own electronic devices or to disseminate information stored on its own electronic devices.\n(5) Sections 46-5-111 through 46-5-113 do not apply to motor carrier safety or hazardous materials programs implemented by the department of transportation for purposes of complying with federal motor carrier safety regulations.","path":["TITLE 46. CRIMINAL PROCEDURE","CHAPTER 5. SEARCH AND SEIZURE","Part 1. Legality and Admissibility"],"source_url":"https://mca.legmt.gov/bills/mca/title_0460/chapter_0050/part_0010/section_0120/0460-0050-0010-0120.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:55:40Z","sha256":"433c498b28b522484f87f5b933879c3df36e889f4f316da63953a69841460ec7","source_id":"us-mt","stale":false,"prev":"us-mt/46-5-111","next":"us-mt/46-5-113"},"notice":"GroundRules: Original legal text. Not legal advice."}