Montana Code Annotated
Part 6. Electronic Communications
46-5-602. Search warrant or investigative subpoena required

46-5-602. Search warrant or investigative subpoena required. (1) A governmental entity may only require disclosure of an electronic communication stored, held, maintained, or transmitted by an electronic communication service other than a subscriber record pursuant to a search warrant or investigative subpoena issued by a court upon a finding of probable cause pursuant to Title 46, chapter 5, part 2, or Title 46, chapter 4, part 3.
(2) The electronic communications collected under this section must be deleted after the conclusion of the criminal investigation, postconviction and after all appeals have been exhausted, or in accordance with data retention requirements under the law.
(3) The warrant and investigative subpoena requirements of this section do not apply to the electronic communications of adults or youth currently incarcerated in a correctional facility.
History: En. Sec. 2, Ch. 246, L. 2017; amd. Sec. 2, Ch. 361, L. 2021.

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