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Montana Title 46. Criminal Procedure § 46-5-102. Scope of search incident to arrest

Current as of January 01, 2024 | Updated by Findlaw Staff

When a lawful arrest is effected, a peace officer may reasonably search the person arrested and the area within such person's immediate presence for the purpose of:

(1) protecting the officer from attack;

(2) preventing the person from escaping;

(3) discovering and seizing the fruits of the crime; or

(4) discovering and seizing any persons, instruments, articles, or things which may have been used in the commission of or which may constitute evidence of the offense.

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Cite this article: FindLaw.com - Montana Title 46. Criminal Procedure § 46-5-102. Scope of search incident to arrest - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-46-criminal-procedure/mt-st-46-5-102/

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