Montana § 46-5-312 Return Of Property Seized -- Right To Possess

Montana Statutes

§ 46-5-312 — Return Of Property Seized -- Right To Possess

Montana § 46-5-312

Title 46CRIMINAL PROCEDURE

Ch. 5SEARCH AND SEIZURE

Part 3Procedure in Regard to Property Seized

This text of Montana § 46-5-312 (Return Of Property Seized -- Right To Possess) 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. § 46-5-312 (2026).

Text

46-5-312 . Return of property seized -- right to possess.

(1)A person claiming the right to possession of property seized as evidence may apply to the judge for its return. The judge shall give written notice as the judge considers adequate to the prosecutor and all persons who have or may have an interest in the property and shall hold a hearing to determine the right to possession.

(2)If the right to possession is established, the judge shall order the property, other than contraband, returned if:

(a)the property is not needed as evidence;

(b)the property is needed and satisfactory arrangements can be made for its return for subsequent use as evidence; or

(c)all proceedings in which the property might be required have been completed.

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46-5-312 . Return of property seized -- right to possess. (1) A person claiming the right to possession of property seized as evidence may apply to the judge for its return. The judge shall give written notice as the judge considers adequate to the prosecutor and all persons who have or may have an interest in the property and shall hold a hearing to determine the right to possession.
(2) If the right to possession is established, the judge shall order the property, other than contraband, returned if:
(a) the property is not needed as evidence;
(b) the property is needed and satisfactory arrangements can be made for its return for subsequent use as evidence; or
(c) all proceedings in which the property might be required have been completed.

Legislative History

En. 95-715 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-715; amd. Sec. 62, Ch. 800, L. 1991; Sec. 46-5-304 , MCA 1989; redes. 46-5-312 by Code Commissioner, 1991.