Montana Statutes

§ 46-5-221 — Grounds For Search Warrant

Montana·Title 46 CRIMINAL PROCEDURE·Ch. 5 SEARCH AND SEIZURE·Part 2 Search Warrants

46-5-221 . Grounds for search warrant. A judge shall issue a search warrant to a person upon application, in writing, by telephone, or electronically, made under oath or affirmation, that:

(1)states facts sufficient to support probable cause to believe that an offense has been committed;
(2)states facts sufficient to support probable cause to believe that evidence, contraband, or persons connected with the offense may be found;
(3)particularly describes the place, object, or persons to be searched; and
(4)particularly describes who or what is to be seized.

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Legislative History

En. 95-704 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 7, Ch. 184, L. 1977; R.C.M. 1947, 95-704; amd. Sec. 3, Ch. 116, L. 1979; amd. Sec. 1, Ch. 339, L. 1979; amd. Sec. 50, Ch. 800, L. 1991; Sec. 46-5-202 , MCA 1989; redes. 46-5-221 by Code Commissioner, 1991; amd. Sec. 1, Ch. 22, L. 2015.

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