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Mont. Code Ann. § 46-5-102

Scope of search incident to arrest

Applied in 1 court decision — leading case State v. Roberts (1997)

Most recently applied in State v. Roberts (July 1997)

En. 95-702 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-702.

When a lawful arrest is effected, a peace officer may reasonably search the person arrested and the area within such person's immediate presence for the purpose of:

(1) protecting the officer from attack;

(2) preventing the person from escaping;

(3) discovering and seizing the fruits of the crime; or

(4) discovering and seizing any persons, instruments, articles, or things which may have been used in the commission of or which may constitute evidence of the offense.

Official source: Montana Code Annotated (Montana Legislature). Reproduced from public-domain Montana statutes; confirm against the official source for the current text. Not legal advice.