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.
History: En. 95-702 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-702.
Structure Montana Code Annotated
Part 1. Legality and Admissibility
46-5-101. Searches and seizures -- when authorized
46-5-102. Scope of search incident to arrest
46-5-103. When search and seizure not illegal
46-5-105. Reasonable suspicion required before strip search
46-5-106. through 46-5-108 reserved
46-5-109. Limitations on unmanned aerial vehicles
46-5-110. Location information privacy -- civil penalty -- definitions
46-5-112. Electronic data privacy -- warrant required -- exceptions
46-5-113. Civil action for violation
46-5-114. through 46-5-116 reserved
46-5-117. Use of license plate reader prohibited -- exceptions -- definition -- penalty
46-5-118. Preservation and disclosure of records by law enforcement agency