46-5-228. Procedures assisting in execution of service of search warrant. (1) All necessary and reasonable force may be used to serve a search warrant or to effect an entry into any building, property, or object to serve a search warrant, but any restraint or detention of the person served must be in the least restrictive manner that is consistent with the safety of the person serving the warrant and anyone assisting that person.
(2) The person serving the search warrant may reasonably detain and search any person on the premises being searched at the time of the search, but must do so in the least restrictive manner that is consistent with the safety of the person serving the warrant and anyone assisting that person. The search of persons on the premises is:
(a) for protection of the person serving the warrant and anyone assisting that person; or
(b) to prevent the disposal or concealment of any evidence, contraband, or persons particularly described in the warrant.
History: (1)En. 95-709 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-709; amd. Sec. 56, Ch. 800, L. 1991; Sec. 46-5-208, MCA 1989; redes. 46-5-228(1) by Code Commissioner, 1991; (2)En. 95-710 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-710; amd. Sec. 57, Ch. 800, L. 1991; Sec. 46-5-209, MCA 1989; redes. 46-5-228(2) by Code Commissioner, 1991; amd. Sec. 1, Ch. 153, L. 2005.
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