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Section 46-5-102 – Scope of search incident to arrest

May 13, 2021 | Criminal Procedure, Montana

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.

ยง 46-5-102, MCA

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