Montana § 41-5-321 Taking Into Custody

Montana Statutes

§ 41-5-321 — Taking Into Custody

Montana·Title 41 MINORS·Ch. 5 YOUTH COURT ACT·Part 3 Custody and Detention

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.

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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.