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Current as of January 01, 2024 | Updated by Findlaw Staff
(1) A county coroner may enter any room, dwelling, building, or other place in which the coroner has probable cause to believe that a dead human body or evidence of the circumstances of a death that requires investigation may be found. If refused entry, a coroner who is investigating a death pursuant to the coroner's authority may apply to a judge authorized to issue search warrants for a warrant to enter the premises and to search for and seize evidence of the cause of a death, including a dead human body.
(2) The application for a search warrant must:
(a) state facts sufficient to show probable cause that a human body or evidence of the circumstances of death is present in the place to be searched;
(b) particularly describe the place to be searched; and
(c) particularly describe the things to be seized.
(3) To preserve evidence of the cause of death, a coroner may:
(a) place under the coroner's custody and control any dwelling, building, item, vehicle, aircraft, railroad engine or train, vessel, enclosure, or open area for a period of not more than 10 days; and
(b) forbid entrance by an unauthorized person into any area specified in subsection (3)(a).
(4) A person may not enter an area that is restricted pursuant to subsection (3) without the permission of the coroner or the law enforcement agency having jurisdiction if there is also a criminal investigation in progress.
Cite this article: FindLaw.com - Montana Title 46. Criminal Procedure § 46-4-111. Coroner's authority to seize and preserve evidence - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-46-criminal-procedure/mt-st-46-4-111/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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