41-5-1415. Admissibility of confession or illegally seized evidence. In a proceeding alleging a youth to be a delinquent youth:
(1) an extrajudicial statement that would be constitutionally inadmissible in a criminal matter may not be received in evidence;
(2) evidence illegally seized or obtained may not be received in evidence to establish the allegations of a petition against a youth; and
(3) an extrajudicial admission or confession made by the youth out of court is insufficient to support a finding that the youth committed the acts alleged in the petition unless it is corroborated by other evidence.
History: En. 10-1218 by Sec. 18, Ch. 329, L. 1974; amd. Sec. 6, Ch. 100, L. 1977; amd. Sec. 9, Ch. 571, L. 1977; R.C.M. 1947, 10-1218(1)(c); amd. Sec. 7, Ch. 528, L. 1995; Sec. 41-5-514, MCA 1995; redes. 41-5-1415 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 9, Ch. 532, L. 1999.
Structure Montana Code Annotated
Part 14. Formal Proceeding -- Procedure
41-5-1401. Petition -- county attorney -- procedure -- release from custody
41-5-1402. Petition -- form and content
41-5-1405. Disqualification of judges
41-5-1406. through 41-5-1410 reserved
41-5-1411. Appointment of guardian ad litem
41-5-1412. Rights and obligations -- persons to be advised -- contempt
41-5-1413. Right to counsel -- assignment of counsel
41-5-1414. Right to confront witnesses
41-5-1415. Admissibility of confession or illegally seized evidence
41-5-1417. through 41-5-1420 reserved
41-5-1422. Modification of court orders -- notice to department -- hearing
41-5-1424. through 41-5-1429 reserved
41-5-1430. Conditional release revocation hearing
41-5-1431. Probation revocation proceeding -- petition -- hearing -- disposition