Montana § 46-5-311 Custody And Disposition -- Seizure Without Search Warrant

Montana Statutes

§ 46-5-311 — Custody And Disposition -- Seizure Without Search Warrant

Montana § 46-5-311

Title 46CRIMINAL PROCEDURE

Ch. 5SEARCH AND SEIZURE

Part 3Procedure in Regard to Property Seized

This text of Montana § 46-5-311 (Custody And Disposition -- Seizure Without Search Warrant) 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. § 46-5-311 (2026).

Text

46-5-311 . Custody and disposition -- seizure without search warrant.

(1)Evidence or contraband lawfully seized without a warrant may be retained in the custody of the officer making the seizure for a time sufficient to complete an investigation.

(2)Notice of the seizure and a receipt for the evidence or contraband seized must be given to the person from whose possession the evidence or contraband was taken and to the owner of the evidence or contraband if the owner is reasonably ascertainable. The failure to give a receipt may not render the evidence seized inadmissible at trial.

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46-5-311 . Custody and disposition -- seizure without search warrant. (1) Evidence or contraband lawfully seized without a warrant may be retained in the custody of the officer making the seizure for a time sufficient to complete an investigation.
(2) Notice of the seizure and a receipt for the evidence or contraband seized must be given to the person from whose possession the evidence or contraband was taken and to the owner of the evidence or contraband if the owner is reasonably ascertainable. The failure to give a receipt may not render the evidence seized inadmissible at trial.

Legislative History

En. 95-714 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-714; amd. Sec. 61, Ch. 800, L. 1991; Sec. 46-5-303 , MCA 1989; redes. 46-5-311 by Code Commissioner, 1991.