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

Mont. Code Ann. § 46-5-220 (2026)

Authority To Issue Search Warrant

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 5
  4. Part 2
  5. 46-5-220 Authority to issue search warrant

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 5. SEARCH AND SEIZURE

Part 2. Search Warrants

Authority To Issue Search Warrant

46-5-220. Authority to issue search warrant. (1) A peace officer, the city or county attorney, or the attorney general may apply for a search warrant.

(2) A search warrant may be issued by:

(a) a city or municipal court judge or justice of the peace within the judge's geographical jurisdiction; or

(b) a district court judge within this state.

History: En. Sec. 49, Ch. 800, L. 1991.

Notes of Decisions
Cited in 8 cases (3 in the last 5 years), 1994–2024 · leading case: State v. Dasen, 2007 MT 87 (Mont. 2007).
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State v. Dasen, 2007 MT 87 (Mont. 2007). · cites it 5× “” Section 46-5-220(2)(b), MCA. Further, Judge Stadler intentionally requested that the court administrator submit the application for the second search warrant to another judge to ensure an independent review.”
State v. C. L. Levine, 2024 MT 169 (Mont. 2024). · cites it 3× “Levine argues that the language “within this state” used in § 46-5-220, MCA, limits the jurisdiction conferred by the SCA.”
State v. West, 1998 MT 282 (Mont. 1998). · cites it 5× “He references § 46-5-220, MCA, which provides: “A peace officer, the city or county *437 attorney, or the attorney general may apply for a search warrant.”
State v. Anderson, 1999 MT 60 (Mont. 1999). · cites it 2× “See § 46-5-220(2), MCA. While it may have been reasonable to detain Anderson during the search of the trailer, once he was detained and the officers believed they had probable cause to search him nothing prevented the officers from approaching one of the available judicial…”
State v. W. Grussing, 2022 MT 76 (Mont. 2022). · cites it 14× “Section 46-5-220, MCA, allows a district court to issue a warrant anywhere within the state but confines limited jurisdiction courts to their geographic jurisdictions.”
Potter v. Dist. Court of the Sixteenth Jud. Dist., 880 P.2d 1319 (Mont. 1994). “The term “judge” (which includes municipal and city court judges and justices of the peace, § 3-1-1501(2), MCA), means a person who is “vested by law” with the power to perform judicial functions, § 46-1-202(10), MCA (1991).”
Potter v. Dist. Ct. of 16th Jud. Dist., 880 P.2d 1319 (Mont. 1994). “The term "judge" (which includes municipal and city court judges and justices of the peace, § 3-1-1501(2), MCA), means a person who is "vested by law" with the power to perform judicial functions, § 46-1-202(10), MCA (1991).”
State v. S. Carpenter, a/k/a Skinner, 2021 MT 110N (Mont. 2021). “Carpenter also argues that the District Court erred in failing to suppress information gathered from Carpenter’s Facebook account because the warrant was directed to a California corporation and exceeded the court’s jurisdiction under §§ 46-5-220(2) and 3-5-312(1), MCA. ¶31…”
— Mont. Code Ann. § 46-5-220(2) — 2 cases
State v. Anderson, 1999 MT 60 (Mont. 1999). “See § 46-5-220(2), MCA. While it may have been reasonable to detain Anderson during the search of the trailer, once he was detained and the officers believed they had probable cause to search him nothing prevented the officers from approaching one of the available judicial…”
State v. S. Carpenter, a/k/a Skinner, 2021 MT 110N (Mont. 2021). “Carpenter also argues that the District Court erred in failing to suppress information gathered from Carpenter’s Facebook account because the warrant was directed to a California corporation and exceeded the court’s jurisdiction under §§ 46-5-220(2) and 3-5-312(1), MCA. ¶31…”
— Mont. Code Ann. § 46-5-220(2)(a) — 3 cases
State v. W. Grussing, 2022 MT 76 (Mont. 2022). “Section 46-5-220, MCA, allows a district court to issue a warrant anywhere within the state but confines limited jurisdiction courts to their geographic jurisdictions.”
Potter v. Dist. Court of the Sixteenth Jud. Dist., 880 P.2d 1319 (Mont. 1994). “The term “judge” (which includes municipal and city court judges and justices of the peace, § 3-1-1501(2), MCA), means a person who is “vested by law” with the power to perform judicial functions, § 46-1-202(10), MCA (1991).”
Potter v. Dist. Ct. of 16th Jud. Dist., 880 P.2d 1319 (Mont. 1994). “The term "judge" (which includes municipal and city court judges and justices of the peace, § 3-1-1501(2), MCA), means a person who is "vested by law" with the power to perform judicial functions, § 46-1-202(10), MCA (1991).”
— Mont. Code Ann. § 46-5-220(2)(b) — 1 case
State v. Dasen, 2007 MT 87 (Mont. 2007). “” Section 46-5-220(2)(b), MCA. Further, Judge Stadler intentionally requested that the court administrator submit the application for the second search warrant to another judge to ensure an independent review.”
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