Table of Contents TITLE 46. CRIMINAL PROCEDURE CHAPTER 5. SEARCH AND SEIZURE Part 2. Search Warrants
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1 46-5-202 46-5-203 46-5-204 46-5-205 46-5-206 1 46-5-207 46-5-208 46-5-209 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. § 46-5-224

(2011)

What may be seized with search warrant

A warrant may be issued under this section to search for and seize any:

(1) evidence, including blood samples that may yield evidence of any measured amount or detected presence of alcohol or drugs in a person's body when subjected to testing;

(2) contraband; or

(3) person for whose arrest there is probable cause, for whom there has been a warrant of arrest issued, or who is unlawfully restrained.

Opinions construing this section

5 opinions
2025 MT 54 Mar 25, 2025 Affirmed
State v. Clinkenbeard
Majority by Laurie McKinnon · 4 to 1
robable cause as provided for in § 46-5-221, MCA, based on Clinkenbeard’s driving, field tests, preliminary breath test, and admission of drinking. See also § 46-5-224(1), MCA (providing that blood samples may be seized pursuant to a warrant that “may yield evidence of any measured amount or detected presence of alcohol 4 or dr
2025 MT 54 Mar 25, 2025 Affirmed
State v. Clinkenbeard
Dissenting by Cory J. Swanson · 4 to 1
g; (2) contraband; or (3) person for whose arrest there is probable cause, for whom there has been a warrant of arrest issued, or who is unlawfully restrained. Section 46-5-224 (2021), MCA. The Long March Through Implied Consent ¶18 The implied consent statute has a long history. Montana created its first version of the implied consent statute
2017 MT 282 Nov 17, 2017 Affirmed
City of Missoula v. J. Williams
Concurring by Dirk M. Sandefur · 4 to 0 with 1 concurring
as referenced in § 46-5-221, MCA. See § 46-1-202(15), MCA (definition of “offense”). Even before the 2011 Legislature expressly clarified the matter in § 46-5-224(1), MCA (specifically including detectable BAC in preexisting authorization for seizure of “evidence” by warrant), measurable BAC has always been “evidence conne
2017 MT 60 Mar 14, 2017 Reversed
State v. C. Harrison
Majority by Beth Baker · 4 to 3
, the Legislature’s amendments to the implied consent statute, § 61-8-402(5), MCA, and the statute defining what may be seized with a 6 search warrant, § 46-5-224(1), MCA, do not impact Peplow’s authority here. The issue Peplow addressed—and the issue on appeal here—is whether an individual’s blood, while still in her bo
2017 MT 60 Mar 14, 2017 Reversed
State v. C. Harrison
Dissenting by Michael E Wheat · 4 to 3
11 ¶25 Subsequent to Peplow, the Montana Legislature revised parts of the criminal code and the motor vehicle statutes, including § 61-8-402, MCA, and § 46-5-224, MCA. At the time Peplow was decided, § 61-8-402, MCA, the “implied consent” statute in the Motor Vehicles title of the Montana statutes, did not include a sec
Official Annotations archive.org, 2011 edition
History:
En. 95-705 by Sec. 1, Ch. 196, L. 1967
R.C.M. 1947, 95-705
Amd. Sec. 53, Ch. 800, L. 1991
Sec. 46-5-203, MCA 1989
Redes. 46-5-224 by Code Commissioner, 1991
Amd. Sec. 1, Ch. 283, L. 2011 (SB 42 - Shockley, Jim (R) SD 45)
Source text on leg.mt.gov