Montana § 46-5-102 Scope Of Search Incident To Arrest

Montana Statutes

§ 46-5-102 — Scope Of Search Incident To Arrest

Montana § 46-5-102

Title 46CRIMINAL PROCEDURE

Ch. 5SEARCH AND SEIZURE

Part 1Legality and Admissibility

This text of Montana § 46-5-102 (Scope Of Search Incident To Arrest) 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. § 46-5-102 (2026).

Text

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.