Montana § 46-4-402 Limitations On Use Of Pen Register Or Trap And Trace Device

Montana Statutes

§ 46-4-402 — Limitations On Use Of Pen Register Or Trap And Trace Device

Montana § 46-4-402

Title 46CRIMINAL PROCEDURE

Ch. 4INVESTIGATIVE PROCEDURES

Part 4Custodial Interrogations -- Recording

This text of Montana § 46-4-402 (Limitations On Use Of Pen Register Or Trap And Trace Device) 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. § 46-4-402 (2026).

Text

46-4-402 . Limitations on use of pen register or trap and trace device.

(1)A person may not install or use a pen register or trap and trace device without a court order obtained under 46-4-403 , except as provided in subsection (2). Subsection (2) may not be construed to permit a law enforcement agent to operate a pen register or trap and trace device without a court order obtained under 46-4-403 . The use of a pen register or trap and trace device that has the ability to record conversations is prohibited.

(2)Subsection (1) does not apply to the installation or use of a pen register or trap and trace device by a provider of a wire or electronic communication service:

(a)for the:

(i)operation, maintenance, or testing of the service;

(ii)protection of the rights and property of the pro

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46-4-402 . Limitations on use of pen register or trap and trace device. (1) A person may not install or use a pen register or trap and trace device without a court order obtained under 46-4-403 , except as provided in subsection (2). Subsection (2) may not be construed to permit a law enforcement agent to operate a pen register or trap and trace device without a court order obtained under 46-4-403 . The use of a pen register or trap and trace device that has the ability to record conversations is prohibited.
(2) Subsection (1) does not apply to the installation or use of a pen register or trap and trace device by a provider of a wire or electronic communication service:
(a) for the:
(i) operation, maintenance, or testing of the service;
(ii) protection of the rights and property of the provider; or
(iii) protection of a user of the service from abuse of or unlawful use of the service;
(b) to record the fact that a wire or electronic communication was initiated or completed in order to protect the provider, another provider furnishing service toward the completion of the communication, or a user of the service from fraudulent, unlawful, or abusive use of the service; or
(c) if the consent of each person whose originating or transmitted number is recorded or decoded is obtained.
(3) A person who knowingly violates subsection (1) commits a criminal offense punishable upon conviction by incarceration for a period of up to 6 months and a fine of up to $500.