Mont. Code § 46-5-102

Current through the 2023 Regular Session

Section 46-5-102 - 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.

§ 46-5-102, MCA

En. 95-702 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-702.