46-5-109. Limitations on unmanned aerial vehicles. (1) In any prosecution or proceeding within the state of Montana, information from an unmanned aerial vehicle is not admissible as evidence unless the information was obtained:
(a) pursuant to the authority of a search warrant;
(b) in accordance with judicially recognized exceptions to the warrant requirement; or
(c) during the investigation of a motor vehicle crash scene that occurs on or involves a public roadway.
(2) Information obtained from the operation of an unmanned aerial vehicle may not be used in an affidavit of probable cause in an effort to obtain a search warrant unless the information was obtained under the circumstances described in subsection (1)(a), (1)(b), or (1)(c).
(3) For the purposes of this section, "unmanned aerial vehicle" means an aircraft that is operated without direct human intervention from on or within the aircraft. The term does not include satellites.
History: En. Sec. 1, Ch. 377, L. 2013; amd. Sec. 1, Ch. 178, L. 2019.
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