Taking into custody
(1) A youth may be taken into custody under the following circumstances:
(a) by a law enforcement officer pursuant to a lawful order or process of any court;
(b) by a law enforcement officer pursuant to a lawful arrest for violation of the law;
(c) by a juvenile home arrest officer or an officer listed in subsections (1)(a) and (1)(b) if a youth placed under a home arrest program has violated a condition of the placement and the home arrest officer or law enforcement officer has direct knowledge of the violation or a juvenile probation officer has provided the juvenile home arrest officer notice of a violation.
(2) The taking of a youth into custody is not an arrest except for the purpose of determining the validity of the taking under the constitution of Montana or the United States.
| EnactedEn. 10-1211 by SectionSec. 11, ChapterCh. 329, Laws ofL. 1974 |
| Revised Codes of MontanaR.C.M. 1947, 10-1211 |
| Montana Code AnnotatedMCA 1981, 41-5-302 |
| RedesignatedRedes. 41-3-1111 by SectionSec. 31(4), ChapterCh. 465, Laws ofL. 1983 |
| SectionSec. 41-3-1111, Montana Code AnnotatedMCA 1989 |
| RedesignatedRedes. 41-5-314 by SectionSec. 15, ChapterCh. 547, Laws ofL. 1991 |
| SectionSec. 41-5-314, Montana Code AnnotatedMCA 1995 |
| RedesignatedRedes. 41-5-321 by SectionSec. 47, ChapterCh. 286, Laws ofL. 1997 |
| AmendedAmd. SectionSec. 2, ChapterCh. 326, Laws ofL. 1999 (SB 481 - Thomas, Fred (R) SD 31) |
| AmendedAmd. SectionSec. 5, ChapterCh. 114, Laws ofL. 2001 (SB 29 - McNutt, Walter (R) SD 50) |