Mont. Code Ann. » TITLE 45. CRIMES · CHAPTER 3. JUSTIFIABLE USE OF FORCE · Part 1. When Force Justified
Montana Code Annotated

Mont. Code Ann. § 45-3-112 (2026)

Investigation Of Alleged Offense Involving Claim Of Justifiable Use Of Force

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 3
  4. Part 1
  5. 45-3-112 Investigation of alleged offense involving claim of justifiable use of force

TITLE 45. CRIMES

CHAPTER 3. JUSTIFIABLE USE OF FORCE

Part 1. When Force Justified

Investigation Of Alleged Offense Involving Claim Of Justifiable Use Of Force

45-3-112. Investigation of alleged offense involving claim of justifiable use of force. When an investigation is conducted by a peace officer of an incident that appears to have or is alleged to have involved justifiable use of force, the investigation must be conducted so as to disclose all evidence, including testimony concerning the alleged offense and that might support the apparent or alleged justifiable use of force.

History: En. Sec. 3, Ch. 332, L. 2009.

Notes of Decisions
Cited in 5 cases, 2012–2014 · leading case: State v. Bobby Cooksey, 2012 MT 226 (Mont. 2012).
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State v. Bobby Cooksey, 2012 MT 226 (Mont. 2012). · cites it 189× “” The District Court conducted a hearing on the motion, and the defense called several County 12 Sheriff’s Deputies to testify regarding whether they had adequately secured the crime scene and whether they had “investigated” Cooksey’s claim of justifiable use of force.”
State v. Mitchell, 2012 MT 227 (Mont. 2012). · cites it 49× “Mitchell argues that his conviction should be reversed under the plain error doctrine because law enforcement failed to investigate his claim of justifiable use of force as required by § 45-3-112, MCA. He also argues that he received ineffective assistance of counsel because his…”
State v. Montana Ninth Jud. Dist. Court, 2014 MT 188 (Mont. 2014). · cites it 4× “¶11 Specifically, Lau argues that § 45-3-112, MCA, which provides that an investigation of an incident involving justifiable use of force “must be conducted so as to disclose all evidence,” requires that evidence — in this case, Lau’s statement — be disclosed to the jury.”
State v. Kenneth Erickson, 2014 MT 304 (Mont. 2014). · cites it 4× “As to the first theory, Erickson relies on § 45-3-112, MCA (also enacted in 2009), which states: "When an investigation is conducted by a peace officer of an incident that appears to have or is alleged to have involved justifiable use of force, the investigation must be…”
State v. Wagner, 2013 MT 47 (Mont. 2013). · cites it 3× “1 Section 45-3-112, MCA, was enacted in 2009 and provides: “When an investigation is conducted hy a peace officer of an incident that appears to have or is alleged to have involved justifiable use of force, the investigation must be conducted so as to disclose all evidence,…”
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