16-11-141. Powers of arrest -- search and seizure. (1) The department of justice is a criminal justice agency. Designated agents of the department of justice have peace officer status and may arrest any person violating any provision of this chapter, enter a complaint before any court of competent jurisdiction, and lawfully search and seize and use as evidence contraband found in the possession of any person or in any place.
(2) Any investigator or peace officer who finds a tobacco product that the investigator or peace officer has reasonable cause to believe is contraband may seize and remove the contraband and the packages in which the contraband is kept. The contraband and all packages containing the contraband must, in addition to any other penalty prescribed by this chapter, be forfeited to the state of Montana as provided in 16-11-159 and destroyed as provided in 16-11-158.
History: En. Sec. 25, Ch. 140, L. 1969; amd. Sec. 112, Ch. 405, L. 1973; amd. Sec. 13, Ch. 126, L. 1977; R.C.M. 1947, 84-5606.26; amd. Sec. 20, Ch. 414, L. 1993; amd. Sec. 20, Ch. 511, L. 2005.
Structure Montana Code Annotated
Title 16. Alcohol, Tobacco, and Marijuana
Chapter 11. Taxation of Tobacco Products
Part 1. Tax on Tobacco Products
16-11-103. Powers of department
16-11-104. Carriers to report shipments -- penalties
16-11-105. Rulemaking authority of department of justice
16-11-106. Regular and systematic solicitation of business -- compliance with chapter
16-11-107. Secretary of state as process agent for unlicensed person doing business in state
16-11-112. Tax on ultimate consumer
16-11-115. Tax meter machine -- tax stamp-applying machine -- purchase of stamps
16-11-116. Resale of insignia prohibited -- rebate
16-11-117. When payment for insignia due
16-11-118. Records of wholesalers, subjobbers, tobacco product vendors, and retailers
16-11-119. Disposition of taxes -- statutory appropriation
16-11-120. Tobacco product licenses
16-11-121. Vending machines not places of business
16-11-122. License fees -- renewal
16-11-124. Disposition of license fees
16-11-125. Licensure as both wholesaler and retailer allowed
16-11-126. Joint and several liability
16-11-128. Tobacco product sales reporting requirements
16-11-132. Unlawful to sell tobacco products without valid license -- exceptions
16-11-133. Sale and use of cigarettes without insignia unlawful
16-11-134. Forged license stamp or insignia
16-11-135. through 16-11-140 reserved
16-11-141. Powers of arrest -- search and seizure
16-11-142. Duties of county attorneys and peace officers
16-11-143. Penalty and interest for unpaid tobacco product tax
16-11-144. Revocation or suspension of license
16-11-145. Place where violations committed considered public nuisance
16-11-146. Penalty for forged license stamp or insignia
16-11-147. Seizure and forfeiture of property used in transporting contraband
16-11-148. Penalties and other remedies
16-11-149. Hearings before department
16-11-150. Appeal to district court
16-11-151. through 16-11-154 reserved
16-11-156. Stamps affixed on cigarettes -- exception
16-11-159. Forfeiture of contraband and property used in transporting contraband