46-5-221. Grounds for search warrant. A judge shall issue a search warrant to a person upon application, in writing, by telephone, or electronically, made under oath or affirmation, that:
(1) states facts sufficient to support probable cause to believe that an offense has been committed;
(2) states facts sufficient to support probable cause to believe that evidence, contraband, or persons connected with the offense may be found;
(3) particularly describes the place, object, or persons to be searched; and
(4) particularly describes who or what is to be seized.
History: En. 95-704 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 7, Ch. 184, L. 1977; R.C.M. 1947, 95-704; amd. Sec. 3, Ch. 116, L. 1979; amd. Sec. 1, Ch. 339, L. 1979; amd. Sec. 50, Ch. 800, L. 1991; Sec. 46-5-202, MCA 1989; redes. 46-5-221 by Code Commissioner, 1991; amd. Sec. 1, Ch. 22, L. 2015.
Structure Montana Code Annotated
46-5-208. Renumbered 46-5-228 (1)
46-5-209. Renumbered 46-5-228 (2)
46-5-210. and 46-5-211 reserved
46-5-212. Pawnbroker to surrender stolen property -- warrant
46-5-213. through 46-5-219 reserved
46-5-220. Authority to issue search warrant
46-5-221. Grounds for search warrant
46-5-222. Search warrants issued electronically or by telephone
46-5-223. To whom search warrant directed
46-5-224. What may be seized with search warrant
46-5-225. When warrant may be served
46-5-226. Service of search warrant
46-5-227. Service and return of search warrant
46-5-228. Procedures assisting in execution of service of search warrant