Table of Contents TITLE 46. CRIMINAL PROCEDURE CHAPTER 5. SEARCH AND SEIZURE Part 2. Search Warrants
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46-5-212 2 46-5-220 18 46-5-221 1 46-5-222 46-5-223 5 46-5-224 1 46-5-225 1 46-5-226 1 46-5-227 46-5-228

Mont. Code Ann. § 46-5-220

(2003)

Authority to issue search warrant

(1) A peace officer, the city or county attorney, or the attorney general may apply for a search warrant.

(2) A search warrant may be issued by:

(a) a city or municipal court judge or justice of the peace within the judge's geographical jurisdiction; or

(b) a district court judge within this state.

Opinions construing this section

2 opinions
2024 MT 169 Aug 6, 2024 Reversed
State v. C. L. Levine
Majority by Mike McGrath · 5 to 0
ana.” Mont. Const. art. VII, § 4 (emphasis added). Montana law generally grants district courts authority to issue search warrants “within this state.” Section 46-5-220(2)(b), MCA; State v. Grussing, 2022 MT 76, ¶ 9, 408 Mont. 245, 507 P.3d 1152. On its face, this law does not authorize district courts to issue warrants outside of Monta
2022 MT 76 Apr 12, 2022 Affirmed
State v. W. Grussing
Majority by Beth Baker · 5 to 0
for a blood draw conducted in Wheatland County when the crime was committed in Golden Valley County? ¶7 Grussing contends that the District Court misapplied § 46-5-220(2)(a), MCA, when it concluded that Justice of the Peace Egebakken had jurisdiction to issue a warrant for his blood draw in Wheatland County. Our role when interpreting
Official Annotations archive.org, 2003 edition
History:
En. Sec. 49, Ch. 800, L. 1991
Source text on leg.mt.gov