Montana § 46-5-103 When Search And Seizure Not Illegal

Montana Statutes

§ 46-5-103 — When Search And Seizure Not Illegal

Montana § 46-5-103

Title 46CRIMINAL PROCEDURE

Ch. 5SEARCH AND SEIZURE

Part 1Legality and Admissibility

This text of Montana § 46-5-103 (When Search And Seizure Not Illegal) 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. § 46-5-103 (2026).

Text

46-5-103 . When search and seizure not illegal.

(1)A search and seizure, whether with or without a warrant, may not be held to be illegal if:

(a)the defendant has disclaimed any right to or interest in the place or object searched or the evidence, contraband, or person seized;

(b)a right of the defendant has not been infringed by the search and seizure; or

(c)any irregularity in the proceedings has no effect on the substantial rights of the accused.

(2)Evidence, contraband, or persons lawfully seized are admissible as evidence in any prosecution or proceeding whether or not the prosecution or proceeding is for the offense in connection with which the search was originally made.

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46-5-103 . When search and seizure not illegal. (1) A search and seizure, whether with or without a warrant, may not be held to be illegal if:
(a) the defendant has disclaimed any right to or interest in the place or object searched or the evidence, contraband, or person seized;
(b) a right of the defendant has not been infringed by the search and seizure; or
(c) any irregularity in the proceedings has no effect on the substantial rights of the accused.
(2) Evidence, contraband, or persons lawfully seized are admissible as evidence in any prosecution or proceeding whether or not the prosecution or proceeding is for the offense in connection with which the search was originally made.