Montana § 46-4-308 Issuance Of Subpoena By Certain Officers -- Definition

Montana Statutes

§ 46-4-308 — Issuance Of Subpoena By Certain Officers -- Definition

Montana § 46-4-308

Title 46CRIMINAL PROCEDURE

Ch. 4INVESTIGATIVE PROCEDURES

Part 3Investigative Subpoenas -- Reporting Requirement for Peace Officers

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Bluebook

Mont. Code Ann. § 46-4-308 (2026).

Text

46-4-308 . Issuance of subpoena by certain officers -- definition.

(1)When an internet crimes against children task force officer has a duty to investigate an offense that involves the sexual exploitation of a minor, a justice of the supreme court or a district court judge of this state may cause subpoenas to be issued commanding the persons to whom they are directed to appear before the internet crimes against children task force officer and give testimony and produce books, records, papers, documents, and other objects as may be necessary and proper to the investigation.

(2)A subpoena under this section may be issued only when it relates to an investigation of an offense that involves the sexual exploitation of a minor and it appears on the affidavit of the internet crimes against chil

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46-4-308 . Issuance of subpoena by certain officers -- definition. (1) When an internet crimes against children task force officer has a duty to investigate an offense that involves the sexual exploitation of a minor, a justice of the supreme court or a district court judge of this state may cause subpoenas to be issued commanding the persons to whom they are directed to appear before the internet crimes against children task force officer and give testimony and produce books, records, papers, documents, and other objects as may be necessary and proper to the investigation.
(2) A subpoena under this section may be issued only when it relates to an investigation of an offense that involves the sexual exploitation of a minor and it appears on the affidavit of the internet crimes against children task force officer that the administration of justice requires it to be issued.
(3) A subpoena under this section may require the production of the following records or other documentation relevant to the investigation:
(a) name of an account holder;
(b) billing and service address;
(c) electronic mail address;
(d) internet user name;
(e) telephone number;
(f) internet protocol address;
(g) account status;
(h) source of payment for the service, including a credit card or bank account number;
(i) method of access to the internet; and
(j) automatic number identification records, if internet access is by modem.
(4) For the purposes of this section, "internet crimes against children task force officer" means a peace officer, as defined in 45-2-101 , who is assigned to the internet crimes against children task force that is located in the state and recognized by the United States department of justice.