Montana Code Annotated

Mont. Code Ann. § 46-4-406 (2026)

Purpose

✓ current as of May 2026
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TITLE 46. CRIMINAL PROCEDURE

CHAPTER 4. INVESTIGATIVE PROCEDURES

Part 4. Custodial Interrogations -- Recording

Purpose

46-4-406. Purpose. The legislature intends to require the electronic recording of custodial interrogations in felony cases based on the finding that properly recorded interrogations:

(1) provide the best evidence of the communications that occurred during an interrogation;

(2) prevent disputes about a peace officer's conduct or treatment of a suspect during the course of an interrogation;

(3) prevent a defendant from lying about the account of events originally provided to law enforcement by the defendant;

(4) spare judges and jurors the time necessary and the need to assess which account of an interrogation to believe;

(5) enhance public confidence in the criminal process; and

(6) have been encouraged by the Montana supreme court in a written opinion of that court.

History: En. Sec. 1, Ch. 214, L. 2009.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2013–2023 · leading case: Rukes v. State, 2013 MT 56 (Mont. 2013).
Rukes v. State, 2013 MT 56 (Mont. 2013). · cites it 2× “Sections 46-4-406 through -411, MCA (effective October 1, 2009).”
State v. J. Buchanan, 2023 MT 157N (Mont. 2023). “2d 713 , superseded by statute on other grounds, §§ 46-4-406 through -411, MCA, 2009 Mont.”
State v. Hasim Munir, 209 A.3d 545 (2019). “700 (2017) (Missouri); Mont. Code Ann. §§ 46-4-406 - 411 (2009) (Montana); Neb.”
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