Montana Statutes
§ 46-13-302 — Suppression Of Evidence
46-13-302 . Suppression of evidence.
(1)A defendant aggrieved by an unlawful search and seizure may move the court to suppress as evidence anything obtained by the unlawful search and seizure.
(2)If the motion states facts that, if true, would show that the evidence should be suppressed, the court shall hear the merits of the motion at the omnibus hearing or at a later date if the court orders.
(3)If the motion is granted, the evidence is not admissible at trial.
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Legislative History
En. 95-1806 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1806; amd. Sec. 172, Ch. 800, L. 1991.
Nearby Sections
15
§ 46-13-101
Pretrial Motions And Notices§ 46-13-102
Repealed§ 46-13-103
Repealed§ 46-13-104
Ruling On Motions§ 46-13-105
Repealed§ 46-13-106
Renumbered 46-13-402§ 46-13-107
Reserved§ 46-13-109
Repealed§ 46-13-201
Renumbered 46-13-401§ 46-13-202
Motion For Continuance§ 46-13-203
Change Of Place Of Trial For Prejudice§ 46-13-204
Transfer Of Trial§ 46-13-205
Return To Original Place Of Trial