Montana § 46-5-502 Authority To Establish Temporary Roadblocks

Montana Statutes

§ 46-5-502 — Authority To Establish Temporary Roadblocks

Montana § 46-5-502

Title 46CRIMINAL PROCEDURE

Ch. 5SEARCH AND SEIZURE

Part 5Roadblocks

This text of Montana § 46-5-502 (Authority To Establish Temporary Roadblocks) 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. § 46-5-502 (2026).

Text

46-5-502 . Authority to establish temporary roadblocks.

(1)A law enforcement agency of this state is authorized to establish, within its jurisdiction, temporary roadblocks on the highways of this state to:

(a)apprehend persons known to be wanted for a violation of the laws of this state, of any other state, or of the United States;

(b)except as provided in 7-33-2212 , respond to an active emergency; or

(c)respond to or mitigate conditions in areas where a significant number of known causal factors of motor vehicle accidents involving fatalities, injuries, or other serious legal violations are known to have occurred.

(2)During a temporary roadblock, verification of a valid driver's license, vehicle registration, and insurance may be required.

(3)In the course of conducting a roadblock

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46-5-502 . Authority to establish temporary roadblocks. (1) A law enforcement agency of this state is authorized to establish, within its jurisdiction, temporary roadblocks on the highways of this state to:
(a) apprehend persons known to be wanted for a violation of the laws of this state, of any other state, or of the United States;
(b) except as provided in 7-33-2212 , respond to an active emergency; or
(c) respond to or mitigate conditions in areas where a significant number of known causal factors of motor vehicle accidents involving fatalities, injuries, or other serious legal violations are known to have occurred.
(2) During a temporary roadblock, verification of a valid driver's license, vehicle registration, and insurance may be required.
(3) In the course of conducting a roadblock under subsection (1)(c), a law enforcement officer may not issue a ticket, citation, or summons for a secondary offense.
(4) For purposes of this section, the following definitions apply:
(a) "Active emergency" means an incident that threatens public safety, health, or welfare and requires immediate action.
(b) "Secondary offense" means a violation of an offense, including a violation of 61-13-103 , for which a law enforcement officer may only issue a ticket, citation, or summons after the driver has already been stopped for a violation of another offense.

Legislative History

En. 95-618 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 18, L. 1971; R.C.M. 1947, 95-618(b); amd. Sec. 45, Ch. 800, L. 1991; amd. Sec. 1, Ch. 86, L. 2017.