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

Montana Statutes

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

Montana·Title 46 CRIMINAL PROCEDURE·Ch. 5 SEARCH AND SEIZURE·Part 3 Procedure in Regard to Property Seized

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.

Montana § 46-5-311 (Custody And Disposition -- Seizure Without Search Warrant) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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.