Scope of search incident to arrest
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.
| EnactedEn. 95-702 by SectionSec. 1, ChapterCh. 196, Laws ofL. 1967 |
| Revised Codes of MontanaR.C.M. 1947, 95-702. |