Montana § 46-5-301 Return

Montana Statutes

§ 46-5-301 — Return

Montana § 46-5-301

Title 46CRIMINAL PROCEDURE

Ch. 5SEARCH AND SEIZURE

Part 3Procedure in Regard to Property Seized

This text of Montana § 46-5-301 (Return) 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. § 46-5-301 (2026).

Text

46-5-301 . Return.

(1)A return must be made promptly and must be accompanied by a written inventory of any evidence or contraband taken, verified by the person serving the warrant. The return must be made before the judge who issued the warrant or, if the judge is absent or unavailable, before the nearest available judge.

(2)The judge shall, upon request, deliver a copy of the inventory and the order of custody or disposition to the person from whom or from whose premises the property was taken and to the applicant for the warrant.

(3)The judge shall enter an order providing for the custody or appropriate disposition of the evidence or contraband seized pending further proceedings.

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46-5-301 . Return. (1) A return must be made promptly and must be accompanied by a written inventory of any evidence or contraband taken, verified by the person serving the warrant. The return must be made before the judge who issued the warrant or, if the judge is absent or unavailable, before the nearest available judge.
(2) The judge shall, upon request, deliver a copy of the inventory and the order of custody or disposition to the person from whom or from whose premises the property was taken and to the applicant for the warrant.
(3) The judge shall enter an order providing for the custody or appropriate disposition of the evidence or contraband seized pending further proceedings.