Mont. Code Ann. » TITLE 41. MINORS · CHAPTER 5. YOUTH COURT ACT · Part 3. Custody and Detention
Montana Code Annotated

Mont. Code Ann. § 41-5-321 (2026)

Taking Into Custody

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 41
  3. CHAPTER 5
  4. Part 3
  5. 41-5-321 Taking into custody

TITLE 41. MINORS

CHAPTER 5. YOUTH COURT ACT

Part 3. Custody and Detention

Taking Into Custody

41-5-321. Taking into custody. (1) A youth may be taken into custody under the following circumstances:

(a) by a law enforcement officer pursuant to a lawful order or process of any court;

(b) by a law enforcement officer pursuant to a lawful arrest for violation of the law;

(c) by a juvenile home arrest officer or an officer listed in subsections (1)(a) and (1)(b) if a youth placed under a home arrest program has violated a condition of the placement and the home arrest officer or law enforcement officer has direct knowledge of the violation or a juvenile probation officer has provided the juvenile home arrest officer notice of a violation.

(2) The taking of a youth into custody is not an arrest except for the purpose of determining the validity of the taking under the constitution of Montana or the United States.

History: En. 10-1211 by Sec. 11, Ch. 329, L. 1974; R.C.M. 1947, 10-1211; MCA 1981, 41-5-302; redes. 41-3-1111 by Sec. 31(4), Ch. 465, L. 1983; Sec. 41-3-1111, MCA 1989; redes. 41-5-314 by Sec. 15, Ch. 547, L. 1991; Sec. 41-5-314, MCA 1995; redes. 41-5-321 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 2, Ch. 326, L. 1999; amd. Sec. 5, Ch. 114, L. 2001.

Notes of Decisions
Cited in 3 cases, 2007–2013 · leading case: In re Z.M., 2007 MT 122 (Mont. 2007).
Sort: Relevance Newest Treatment
In re Z.M., 2007 MT 122 (Mont. 2007). · cites it 7× “’s motion to suppress the money and alcohol on the basis that Bache had probable cause to make an arrest, including circumstances requiring immediate arrest, and thus it was constitutionally permissible for Bache to take Z.”
Matter of K.E.G. Youth, 2013 MT 82 (Mont. 2013). · cites it 4× “en convicted in district court of one of the enumerated offenses, but otherwise requiring the youth to be sentenced under Title 41); § 41-5-208(2), (3), MCA (listing prerequisites for the transfer of certain youth cases to district court); §§ 41-5-216, -1524(2), MCA (requiring…”
In Re Zm, 2007 MT 122 (Mont. 2007). · cites it 7× “'s motion to suppress the money and alcohol on the basis that Bache had probable cause to make an arrest, including circumstances requiring immediate arrest, and thus it was constitutionally permissible for Bache to take Z.”
Mont. Code Ann. § 41-5-321(1): 2 cases
In re Z.M., 2007 MT 122 (Mont. 2007). “’s motion to suppress the money and alcohol on the basis that Bache had probable cause to make an arrest, including circumstances requiring immediate arrest, and thus it was constitutionally permissible for Bache to take Z.”
In Re Zm, 2007 MT 122 (Mont. 2007). “'s motion to suppress the money and alcohol on the basis that Bache had probable cause to make an arrest, including circumstances requiring immediate arrest, and thus it was constitutionally permissible for Bache to take Z.”
Mont. Code Ann. § 41-5-321(2): 3 cases
In re Z.M., 2007 MT 122 (Mont. 2007). “’s motion to suppress the money and alcohol on the basis that Bache had probable cause to make an arrest, including circumstances requiring immediate arrest, and thus it was constitutionally permissible for Bache to take Z.”
Matter of K.E.G. Youth, 2013 MT 82 (Mont. 2013). “en convicted in district court of one of the enumerated offenses, but otherwise requiring the youth to be sentenced under Title 41); § 41-5-208(2), (3), MCA (listing prerequisites for the transfer of certain youth cases to district court); §§ 41-5-216, -1524(2), MCA (requiring…”
In Re Zm, 2007 MT 122 (Mont. 2007). “'s motion to suppress the money and alcohol on the basis that Bache had probable cause to make an arrest, including circumstances requiring immediate arrest, and thus it was constitutionally permissible for Bache to take Z.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.