Montana Code Annotated
Part 1. Legality and Admissibility
46-5-103. When search and seizure not illegal

46-5-103. When search and seizure not illegal. (1) A search and seizure, whether with or without a warrant, may not be held to be illegal if:
(a) the defendant has disclaimed any right to or interest in the place or object searched or the evidence, contraband, or person seized;
(b) a right of the defendant has not been infringed by the search and seizure; or
(c) any irregularity in the proceedings has no effect on the substantial rights of the accused.
(2) Evidence, contraband, or persons lawfully seized are admissible as evidence in any prosecution or proceeding whether or not the prosecution or proceeding is for the offense in connection with which the search was originally made.
History: En. 95-717 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-717; amd. Sec. 48, Ch. 800, L. 1991.

Structure Montana Code Annotated