Montana § 41-5-321 Taking Into Custody

Montana Statutes

§ 41-5-321 — Taking Into Custody

Montana § 41-5-321

Title 41MINORS

Ch. 5YOUTH COURT ACT

Part 3Custody and Detention

This text of Montana § 41-5-321 (Taking Into Custody) 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. § 41-5-321 (2026).

Text

41-5-321 . Taking into custody.

(1)A youth may be taken into custody under the following circumstances:

(a)by a law enforcement officer pursuant to a lawful order or process of any court;

(b)by a law enforcement officer pursuant to a lawful arrest for violation of the law;

(c)by a juvenile home arrest officer or an officer listed in subsections (1)(a) and (1)(b) if a youth placed under a home arrest program has violated a condition of the placement and the home arrest officer or law enforcement officer has direct knowledge of the violation or a juvenile probation officer has provided the juvenile home arrest officer notice of a violation.

(2)The taking of a youth into custody is not an arrest except for the purpose of determining the validity of the taking under the constitution of Mo

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41-5-321 . Taking into custody. (1) A youth may be taken into custody under the following circumstances:
(a) by a law enforcement officer pursuant to a lawful order or process of any court;
(b) by a law enforcement officer pursuant to a lawful arrest for violation of the law;
(c) by a juvenile home arrest officer or an officer listed in subsections (1)(a) and (1)(b) if a youth placed under a home arrest program has violated a condition of the placement and the home arrest officer or law enforcement officer has direct knowledge of the violation or a juvenile probation officer has provided the juvenile home arrest officer notice of a violation.
(2) The taking of a youth into custody is not an arrest except for the purpose of determining the validity of the taking under the constitution of Montana or the United States.

Legislative History

En. 10-1211 by Sec. 11, Ch. 329, L. 1974; R.C.M. 1947, 10-1211; MCA 1981, 41-5-302 ; redes. 41-3-1111 by Sec. 31(4), Ch. 465, L. 1983; Sec. 41-3-1111 , MCA 1989; redes. 41-5-314 by Sec. 15, Ch. 547, L. 1991; Sec. 41-5-314 , MCA 1995; redes. 41-5-321 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 2, Ch. 326, L. 1999; amd. Sec. 5, Ch. 114, L. 2001.