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

Montana Statutes

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

Montana § 46-5-112

Title 46CRIMINAL PROCEDURE

Ch. 5SEARCH AND SEIZURE

Part 1Legality and Admissibility

This text of Montana § 46-5-112 (Electronic Data Privacy -- Warrant Required -- Exceptions -- Admissibility) 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. § 46-5-112 (2026).

Text

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.