Montana § 46-30-301 Arrest Of Accused Without Warrant

Montana Statutes

§ 46-30-301 — Arrest Of Accused Without Warrant

Montana·Title 46 CRIMINAL PROCEDURE·Ch. 30 UNIFORM CRIMINAL EXTRADITION ACT·Part 3 Procedure for Arresting Accused Without Warrant

46-30-301 . Arrest of accused without warrant. The arrest of a person may also be lawfully made by any peace officer or a private person without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term of 1 year or more. When arrested under this section, the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against the accused under oath setting forth the ground for the arrest as provided in 46-30-227 . After the complaint is made, the accused's answer must be heard as if the accused had been arrested on a warrant.

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46-30-301 . Arrest of accused without warrant. The arrest of a person may also be lawfully made by any peace officer or a private person without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term of 1 year or more. When arrested under this section, the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against the accused under oath setting forth the ground for the arrest as provided in 46-30-227 . After the complaint is made, the accused's answer must be heard as if the accused had been arrested on a warrant.

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Legislative History

En. 95-3114 by Sec. 14, Ch. 513, L. 1973; R.C.M. 1947, 95-3114; amd. Sec. 17, Ch. 79, L. 1983; amd. Sec. 2, Ch. 379, L. 1991; amd. Sec. 1784, Ch. 56, L. 2009.