Montana § 46-4-407 Definitions

Montana Statutes

§ 46-4-407 — Definitions

Montana·Title 46 CRIMINAL PROCEDURE·Ch. 4 INVESTIGATIVE PROCEDURES·Part 4 Custodial Interrogations -- Recording

46-4-407 . Definitions. As used in 46-4-406 through 46-4-411 , the following definitions apply:

(1)"Custodial interrogation" means an interview conducted by a peace officer in a place of detention for the purpose of investigating a felony or, in the case of a youth, an offense that would be a felony if committed by an adult if the interview is reasonably likely to elicit a response from the person being interviewed that may incriminate the person being interviewed with regard to the commission of an offense.

(2)"Electronic recording" or "electronically recorded" means an audio recording, visual recording, or audiovisual recording, if available, that is an authentic, unaltered record of a custodial interrogation.

(3)"Place of detention" means a jail, police or sheriff's station, holding

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46-4-407 . Definitions. As used in 46-4-406 through 46-4-411 , the following definitions apply:
(1) "Custodial interrogation" means an interview conducted by a peace officer in a place of detention for the purpose of investigating a felony or, in the case of a youth, an offense that would be a felony if committed by an adult if the interview is reasonably likely to elicit a response from the person being interviewed that may incriminate the person being interviewed with regard to the commission of an offense.
(2) "Electronic recording" or "electronically recorded" means an audio recording, visual recording, or audiovisual recording, if available, that is an authentic, unaltered record of a custodial interrogation.
(3) "Place of detention" means a jail, police or sheriff's station, holding cell, correctional or detention facility, office, or other structure in this state where persons are held in connection with criminal charges or juvenile delinquency proceedings.
(4) "Statement" means an oral, written, sign language, or nonverbal communication.

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