Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 5. SEARCH AND SEIZURE · Part 2. Search Warrants
Montana Code Annotated

Mont. Code Ann. § 46-5-202 (2026)

Renumbered 46-5-221

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 5
  4. Part 2
  5. 46-5-202 Renumbered 46-5-221

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 5. SEARCH AND SEIZURE

Part 2. Search Warrants

Renumbered 46-5-221

46-5-202. Renumbered 46-5-221. Code Commissioner, 1991.

Notes of Decisions
Cited in 14 cases, 1979–2017 · leading case: City of Missoula v. J. Williams, 2017 MT 282 (Mont. 2017).
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City of Missoula v. J. Williams, 2017 MT 282 (Mont. 2017). · cites it 6× “Laws 372 ), and renumbered as § 46-5-202, MCA. In 1991, the search warrant statute was amended and renumbered to become § 46-5-221, MCA.”
State v. Kelly, 668 P.2d 1032 (Mont. 1983). · cites it 6× “Section 46-5-202, MCA, requires that an affidavit state that an offense has been committed, and that it state facts sufficient to show probable cause for issuance of the warrant.”
State v. Crowder, 810 P.2d 299 (Mont. 1991). · cites it 5× “Additionally, Crowder asserts that the application contained stale tips and was lacking in details about Crowder's drug involvement.”
State v. Hyem, 630 P.2d 202 (Mont. 1981). · cites it 5× “Section 46-5-202(1 )(b), MCA. This warrantless search does not fall within any of the exceptions to a warrant requirement, which exceptions arise out of exigent circumstances necessary to protect or preserve life or to avoid serious injury (see, Wayne v.”
State v. Hoffman, 2003 MT 26 (Mont. 2003). · cites it 4× “¶ 11 Hoffman was charged by information with aggravated assault, in violation of § 46-5-202, MCA, and was tried in Bozeman.”
State v. Baldwin, 789 P.2d 1215 (Mont. 1990). · cites it 6× “Section 46-5-202(1), MCA. The prerequisites for obtaining a search warrant are more stringent than those for acquiring an investigative subpoena.”
Collins v. State, Dept. of Just., 755 P.2d 1373 (Mont. 1988). · cites it 6× “Second, Collins points out that Officer Lindell and Justice of the Peace Meyers did not follow the statutory procedures for telephonic search warrants as set forth in Section 46-5-202, MCA. These procedural defects, Collins contends, render the search warrant void ab initio.”
State v. Kao, 697 P.2d 903 (Mont. 1985). · cites it 3× “The State maintains the police may assume that a felon desperate enough to escape from prison is capable of using any means, including violent conduct, to effectuate a successful flight.”
State v. Lynch, 1998 MT 308 (Mont. 1998). · cites it 2× “In Hanley I, we also determined that neither the subsection (l)(c) exception to § 45-8-213, MCA, defining the criminal offense of violating privacy in communications, nor § 46-5-202, MCA [now § 46-5-221, MCA], setting forth the grounds for issuance of a search warrant,…”
State v. Seaman, 771 P.2d 950 (Mont. 1989). · cites it 2× “Nygard was taken to the hospital and died later that night.”
State v. Helfrich, 600 P.2d 816 (Mont. 1979). · cites it 6× “" Section 46-5-202, MCA, states: " Grounds for search warrant.”
State v. Barnes, 758 P.2d 264 (Mont. 1988). · cites it 3× “The investigators knew an offense was being committed, they established reasonable cause, and were able to describe the place to be searched and the articles to be seized, all in accord with Section 46-5-202, MCA, and Article II, Section 11 of the Montana Constitution.”
Show all 14 citing cases →
Mont. Code Ann. § 46-5-202(1): 1 case
State v. Baldwin, 789 P.2d 1215 (Mont. 1990). “Section 46-5-202(1), MCA. The prerequisites for obtaining a search warrant are more stringent than those for acquiring an investigative subpoena.”
Mont. Code Ann. § 46-5-202(1)(b): 3 cases
State v. Hyem, 630 P.2d 202 (Mont. 1981). “Section 46-5-202(1 )(b), MCA. This warrantless search does not fall within any of the exceptions to a warrant requirement, which exceptions arise out of exigent circumstances necessary to protect or preserve life or to avoid serious injury (see, Wayne v.”
State v. Crowder, 810 P.2d 299 (Mont. 1991). “Additionally, Crowder asserts that the application contained stale tips and was lacking in details about Crowder's drug involvement.”
State v. Seaman, 771 P.2d 950 (Mont. 1989). “Nygard was taken to the hospital and died later that night.”
Mont. Code Ann. § 46-5-202(3): 1 case
City of Missoula v. J. Williams, 2017 MT 282 (Mont. 2017). “Laws 372 ), and renumbered as § 46-5-202, MCA. In 1991, the search warrant statute was amended and renumbered to become § 46-5-221, MCA.”
Mont. Code Ann. § 46-5-202(l)(b): 1 case
State v. Crowder, 810 P.2d 299 (Mont. 1991). “Additionally, Crowder asserts that the application contained stale tips and was lacking in details about Crowder's drug involvement.”
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