Montana § 46-4-111 Coroner's Authority To Seize And Preserve Evidence

Montana Statutes

§ 46-4-111 — Coroner's Authority To Seize And Preserve Evidence

Montana § 46-4-111

Title 46CRIMINAL PROCEDURE

Ch. 4INVESTIGATIVE PROCEDURES

Part 1Investigation of Death -- Autopsy

This text of Montana § 46-4-111 (Coroner's Authority To Seize And Preserve Evidence) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 46-4-111 (2026).

Text

46-4-111 . Coroner's authority to seize and preserve evidence.

(1)A county coroner may enter any room, dwelling, building, or other place in which the coroner has probable cause to believe that a dead human body or evidence of the circumstances of a death that requires investigation may be found. If refused entry, a coroner who is investigating a death pursuant to the coroner's authority may apply to a judge authorized to issue search warrants for a warrant to enter the premises and to search for and seize evidence of the cause of a death, including a dead human body.

(2)The application for a search warrant must:

(a)state facts sufficient to show probable cause that a human body or evidence of the circumstances of death is present in the place to be searched;

(b)particularly describe t

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46-4-111 . Coroner's authority to seize and preserve evidence. (1) A county coroner may enter any room, dwelling, building, or other place in which the coroner has probable cause to believe that a dead human body or evidence of the circumstances of a death that requires investigation may be found. If refused entry, a coroner who is investigating a death pursuant to the coroner's authority may apply to a judge authorized to issue search warrants for a warrant to enter the premises and to search for and seize evidence of the cause of a death, including a dead human body.
(2) The application for a search warrant must:
(a) state facts sufficient to show probable cause that a human body or evidence of the circumstances of death is present in the place to be searched;
(b) particularly describe the place to be searched; and
(c) particularly describe the things to be seized.
(3) To preserve evidence of the cause of death, a coroner may:
(a) place under the coroner's custody and control any dwelling, building, item, vehicle, aircraft, railroad engine or train, vessel, enclosure, or open area for a period of not more than 10 days; and
(b) forbid entrance by an unauthorized person into any area specified in subsection (3)(a).
(4) A person may not enter an area that is restricted pursuant to subsection (3) without the permission of the coroner or the law enforcement agency having jurisdiction if there is also a criminal investigation in progress.