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Current as of January 01, 2024 | Updated by Findlaw Staff
(1) Except as provided in subsection (2), a government entity may not obtain the stored data of an electronic device without a search warrant issued by a court upon a finding of probable cause.
(2) A government entity may obtain the stored data of an electronic device without a search warrant:
(a) with the consent of the owner or authorized user of the electronic device;
(b) in accordance with judicially recognized exceptions to warrant requirements;
(c) if the owner has voluntarily and publicly disclosed the stored data;
(d) if the government entity, in good faith, believes that an emergency involving danger, death, or serious physical injury to a person requires immediate disclosure of communications relating to the emergency;
(e) in order to respond to the user's call for emergency services; or
(f) for any electronic devices found within the confines of a correctional facility.
(3) Nothing in 46-5-111 through 46-5-113 may be construed to limit a government entity's ability to use, maintain, or store information on its own electronic devices or to disseminate information stored on its own electronic devices.
(4) Sections 46-5-111 through 46-5-113 do not apply to motor carrier safety or hazardous materials programs implemented by the department of transportation for purposes of complying with federal motor carrier safety regulations.
Cite this article: FindLaw.com - Montana Title 46. Criminal Procedure § 46-5-112. Electronic data privacy--warrant required--exceptions - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-46-criminal-procedure/mt-st-46-5-112/
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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