Montana § 46-5-112 Electronic Data Privacy -- Warrant Required -- Exceptions -- Admissibility

Montana Statutes

§ 46-5-112 — Electronic Data Privacy -- Warrant Required -- Exceptions -- Admissibility

Montana·Title 46 CRIMINAL PROCEDURE·Ch. 5 SEARCH AND SEIZURE·Part 1 Legality and Admissibility

46-5-112 . Electronic data privacy -- warrant required -- exceptions -- admissibility.

(1)Except as provided in subsection (2), a government entity may not obtain the stored data of an electronic device without a search warrant issued by a court upon a finding of probable cause.

(2)A government entity may obtain the stored data of an electronic device without a search warrant:

(a)with the consent of the owner or authorized user of the electronic device;

(b)for the electronic communications between a law enforcement officer using an undercover or fictitious identity for law enforcement purposes with the owner or authorized user of the electronic device;

(c)in accordance with judicially recognized exceptions to warrant requirements;

(d)if the owner has voluntarily and publicly disclose

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46-5-112 . Electronic data privacy -- warrant required -- exceptions -- admissibility. (1) Except as provided in subsection (2), a government entity may not obtain the stored data of an electronic device without a search warrant issued by a court upon a finding of probable cause.
(2) A government entity may obtain the stored data of an electronic device without a search warrant:
(a) with the consent of the owner or authorized user of the electronic device;
(b) for the electronic communications between a law enforcement officer using an undercover or fictitious identity for law enforcement purposes with the owner or authorized user of the electronic device;
(c) in accordance with judicially recognized exceptions to warrant requirements;
(d) if the owner has voluntarily and publicly disclosed the stored data;
(e) if the government entity, in good faith, believes that an emergency involving danger, death, or serious physical injury to a person requires immediate disclosure of communications relating to the emergency;
(f) in order to respond to the user's call for emergency services; or
(g) for any electronic devices found within the confines of a correctional facility.
(3) Any evidence obtained in violation of this section or 46-5-603 is not admissible in a civil, criminal, or administrative proceeding and may not be used in an affidavit of probable cause in an effort to obtain a search warrant.
(4) Nothing in 46-5-111 through 46-5-113 may be construed to limit a government entity's ability to use, maintain, or store information on its own electronic devices or to disseminate information stored on its own electronic devices.
(5) Sections 46-5-111 through 46-5-113 do not apply to motor carrier safety or hazardous materials programs implemented by the department of transportation for purposes of complying with federal motor carrier safety regulations.

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