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Current as of January 01, 2024 | Updated by Findlaw Staff
(1) A law enforcement agency of this state is authorized to establish, within its jurisdiction, temporary roadblocks on the highways of this state to:
(a) apprehend persons known to be wanted for a violation of the laws of this state, of any other state, or of the United States;
(b) except as provided in 7-33-2212, respond to an active emergency; or
(c) respond to or mitigate conditions in areas where a significant number of known causal factors of motor vehicle accidents involving fatalities, injuries, or other serious legal violations are known to have occurred.
(2) During a temporary roadblock, verification of a valid driver's license, vehicle registration, and insurance may be required.
(3) In the course of conducting a roadblock under subsection (1)(c), a law enforcement officer may not issue a ticket, citation, or summons for a secondary offense.
(4) For purposes of this section, the following definitions apply:
(a) “Active emergency” means an incident that threatens public safety, health, or welfare and requires immediate action.
(b) “Secondary offense” means a violation of an offense, including a violation of 61-13-103, for which a law enforcement officer may only issue a ticket, citation, or summons after the driver has already been stopped for a violation of another offense.
Cite this article: FindLaw.com - Montana Title 46. Criminal Procedure § 46-5-502. Authority to establish temporary roadblocks - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-46-criminal-procedure/mt-st-46-5-502/
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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