Montana Statutes
§ 46-6-104 — Method Of Arrest
46-6-104 . Method of arrest.
(1)An arrest is made by an actual restraint of the person to be arrested or by the person's submission to the custody of the person making the arrest.
(2)All necessary and reasonable force may be used in making an arrest, but the person arrested may not be subject to any greater restraint than is necessary to hold or detain that person.
(3)All necessary and reasonable force may be used to effect an entry into any building or property or part thereof to make an authorized arrest.
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Legislative History
En. 95-602 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-602; amd. Sec. 34, Ch. 800, L. 1991.
Nearby Sections
15
§ 46-6-101
Repealed§ 46-6-102
Persons Exempt From Arrest§ 46-6-103
Repealed§ 46-6-104
Method Of Arrest§ 46-6-105
Time Of Making Arrest§ 46-6-106
Renumbered 46-6-312§ 46-6-202
Renumbered 46-6-214 And 46-6-215§ 46-6-203
Renumbered 46-6-216§ 46-6-204
Minor Irregularities In Warrant§ 46-6-205
Through 46-6-209 Reserved§ 46-6-210
Arrest By Peace Officer§ 46-6-211
Issuance Of Arrest Warrant Or Summons