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. § 46-5-221

(2003)

Grounds for search warrant

A judge shall issue a search warrant to a person upon application, in writing or by telephone, made under oath or affirmation, that:

(1) states facts sufficient to support probable cause to believe that an offense has been committed;

(2) states facts sufficient to support probable cause to believe that evidence, contraband, or persons connected with the offense may be found;

(3) particularly describes the place, object, or persons to be searched; and

(4) particularly describes who or what is to be seized.

Opinions construing this section

18 opinions
2025 MT 54 Mar 25, 2025 Affirmed
State v. Clinkenbeard
Majority by Laurie McKinnon · 4 to 1
Whether § 61-8-1016(4)(a), MCA, of the implied consent statute, precludes law enforcement from obtaining a search warrant for a DUI investigation pursuant to § 46-5-221, MCA, when a first-time DUI suspect refuses to submit to testing under the implied consent statute. FACTUAL AND PROCEDURAL BACKGROUND ¶3 On September 10, 2022, a
2024 MT 259N Nov 6, 2024 Affirmed
State v. A. McLaughlin
Majority by Ingrid Gustafson · 5 to 0
to be seized, or without probable cause, supported by oath or affirmation reduced to writing.” Mont. Const. Art. II, § 11; see also U.S. Const. amend. XIV. Section 46-5-221, MCA, requires a search warrant: (1) states facts sufficient to support probable cause to believe that an offense has been committed; (2) states facts sufficient to
2024 MT 169 Aug 6, 2024 Reversed
State v. C. L. Levine
Majority by Mike McGrath · 5 to 0
1 was not procedural).2 The procedures that a district court must follow in issuing a search warrant authorized under the SCA are found, among other places, in § 46-5-221, MCA. Thus, federal law provides jurisdiction to Montana district courts to issue extraterritorial search warrants in specific circumstances. See 18 U.S.C. § 2703(
2020 MT 103N Apr 28, 2020 Affirmed
State v. S. Grandchamp
Majority by Dirk M. Sandefur · 5 to 0
003 Chevrolet Pickup, 2009 MT 25, ¶ 5, 349 Mont. 106, 202 P.3d 782 (application of constitutional standards to finite sets of facts is subject to 6 See also § 46-5-221, MCA (1967 Mont. Laws ch. 196 as amended) (codifying federal constitutional standards). 5 de novo review); State v. Kaufman, 2002 MT 294, ¶¶ 11-12, 313 Mont.
2019 MT 285 Dec 10, 2019 Affirmed
State v. Burchill
Majority by James Jeremiah Shea · 5 to 0
committed and that evidence of the crime may be found in the place to be searched.” State v. Tucker, 2008 MT 273, ¶ 16, 345 Mont. 237, 190 P.3d 1080 (citing § 46-5-221, MCA; State v. Barnaby, 2006 MT 203, ¶ 30, 333 Mont. 220, 142 P.3d 809). Probable cause exists when there is a reasonable belief based on the information contained
Official Annotations archive.org, 2003 edition
History:
En. 95-704 by Sec. 1, Ch. 196, L. 1967
Amd. Sec. 7, Ch. 184, L. 1977
R.C.M. 1947, 95-704
Amd. Sec. 3, Ch. 116, L. 1979
Amd. Sec. 1, Ch. 339, L. 1979
Amd. Sec. 50, Ch. 800, L. 1991
Sec. , MCA 1989
Redes. by Code Commissioner, 1991.
Source text on leg.mt.gov