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

Mont. Code Ann. § 46-5-224 (2026)

What May Be Seized With Search Warrant

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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 5
  4. Part 2
  5. 46-5-224 What may be seized with search warrant

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 5. SEARCH AND SEIZURE

Part 2. Search Warrants

What May Be Seized With Search Warrant

46-5-224. What may be seized with search warrant. A warrant may be issued under this section to search for and seize any:

(1) evidence, including blood samples that may yield evidence of any measured amount or detected presence of alcohol or drugs in a person's body when subjected to testing;

(2) contraband; or

(3) person for whose arrest there is probable cause, for whom there has been a warrant of arrest issued, or who is unlawfully restrained.

History: En. 95-705 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-705; amd. Sec. 53, Ch. 800, L. 1991; Sec. 46-5-203, MCA 1989; redes. 46-5-224 by Code Commissioner, 1991; amd. Sec. 1, Ch. 283, L. 2011.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2004–2025 · leading case: City of Missoula v. J. Williams, 2017 MT 282, 406 P.3d 8.
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City of Missoula v. J. Williams, 2017 MT 282, 406 P.3d 8. · cites it 8× “Even before the 2011 Legislature expressly clarified the matter in § 46-5-224(1), MCA (specifically including detectable BAC in preexisting authorization for seizure of “evidence” by warrant), measurable BAC has always been “evidence connected with” DUI-related offenses for…”
State v. Bar-Jonah, 2004 MT 344, 102 P.3d 1229. · cites it 4× “Bar-Jonah contends this language exceeds that authorized by § 46-5-224, MCA, which authorizes only “evidence” or “contraband” to be seized pursuant to a warrant.”
State v. C. Harrison, 2017 MT 60, 390 P.3d 945. · cites it 38× “11 ¶25 Subsequent to Peplow, the Montana Legislature revised parts of the criminal code and the motor vehicle statutes, including § 61-8-402, MCA, and § 46-5-224, MCA. At the time Peplow was decided, § 61-8-402, MCA, the “implied consent” statute in the Motor Vehicles title of…”
State v. Clinkenbeard, 2025 MT 54, 565 P.3d 1259. · cites it 13× “A warrant may be issued under this section to search for and seize any: (1) evidence, including blood samples that may yield evidence of any measured amount or detected presence of alcohol or drugs in a person’s body when subjected to testing; (2) contraband; or (3) person for…”
Muir v. Bilderback, 2015 MT 180, 353 P.3d 473. · cites it 3× “Section 46-5-224, MCA. The warrant must be specific enough to reasonably identify the things to be seized, and to prevent general exploratory searches.”
Mont. Code Ann. § 46-5-224(1): 3 cases
City of Missoula v. J. Williams, 2017 MT 282, 406 P.3d 8. “Even before the 2011 Legislature expressly clarified the matter in § 46-5-224(1), MCA (specifically including detectable BAC in preexisting authorization for seizure of “evidence” by warrant), measurable BAC has always been “evidence connected with” DUI-related offenses for…”
State v. C. Harrison, 2017 MT 60, 390 P.3d 945. “11 ¶25 Subsequent to Peplow, the Montana Legislature revised parts of the criminal code and the motor vehicle statutes, including § 61-8-402, MCA, and § 46-5-224, MCA. At the time Peplow was decided, § 61-8-402, MCA, the “implied consent” statute in the Motor Vehicles title of…”
State v. Clinkenbeard, 2025 MT 54, 565 P.3d 1259. “A warrant may be issued under this section to search for and seize any: (1) evidence, including blood samples that may yield evidence of any measured amount or detected presence of alcohol or drugs in a person’s body when subjected to testing; (2) contraband; or (3) person for…”
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