Montana Statutes
§ 46-5-102 — Scope Of Search Incident To Arrest
46-5-102 . Scope of search incident to arrest. When a lawful arrest is effected, a peace officer may reasonably search the person arrested and the area within such person's immediate presence for the purpose of:
(1)protecting the officer from attack;
(2)preventing the person from escaping;
(3)discovering and seizing the fruits of the crime; or
(4)discovering and seizing any persons, instruments, articles, or things which may have been used in the commission of or which may constitute evidence of the offense.
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Legislative History
En. 95-702 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-702.
Nearby Sections
15
§ 46-5-101
Searches And Seizures -- When Authorized§ 46-5-102
Scope Of Search Incident To Arrest§ 46-5-103
When Search And Seizure Not Illegal§ 46-5-104
Repealed§ 46-5-106
Through 46-5-108 Reserved§ 46-5-109
Limitations On Unmanned Aerial Vehicles§ 46-5-111
Definitions§ 46-5-113
Civil Action For Violation§ 46-5-114
Displaying Electronic License§ 46-5-115
And 46-5-116 Reserved