Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 5. SEARCH AND SEIZURE · Part 3. Procedure in Regard to Property Seized
Montana Code Annotated

Mont. Code Ann. § 46-5-311 (2026)

Custody And Disposition -- Seizure Without Search Warrant

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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 5
  4. Part 3
  5. 46-5-311 Custody and disposition -- seizure without search warrant

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 5. SEARCH AND SEIZURE

Part 3. Procedure in Regard to Property Seized

Custody And Disposition -- Seizure Without Search Warrant

46-5-311. Custody and disposition -- seizure without search warrant. (1) Evidence or contraband lawfully seized without a warrant may be retained in the custody of the officer making the seizure for a time sufficient to complete an investigation.

(2) Notice of the seizure and a receipt for the evidence or contraband seized must be given to the person from whose possession the evidence or contraband was taken and to the owner of the evidence or contraband if the owner is reasonably ascertainable. The failure to give a receipt may not render the evidence seized inadmissible at trial.

History: En. 95-714 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-714; amd. Sec. 61, Ch. 800, L. 1991; Sec. 46-5-303, MCA 1989; redes. 46-5-311 by Code Commissioner, 1991.

Notes of Decisions
Cited in 2 cases, 2006–2020 · leading case: State v. Branam, 2006 MT 300, 148 P.3d 635.
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State v. Branam, 2006 MT 300, 148 P.3d 635. · cites it 6× “Section 46-5-311(1), MCA. When counting the cash the employee secured from the vehicle, an officer smelled marijuana and a drug dog alerted on the money during a sniff.”
Eakin v. State, 2020 MT 297N, 476 P.3d 434. · cites it 13× “See § 46-5-311, MCA, cmt. (“The first paragraph of this section is intended to act as a safeguard for the person from whom the property is taken”).”
Mont. Code Ann. § 46-5-311(1): 2 cases
State v. Branam, 2006 MT 300, 148 P.3d 635. “Section 46-5-311(1), MCA. When counting the cash the employee secured from the vehicle, an officer smelled marijuana and a drug dog alerted on the money during a sniff.”
Eakin v. State, 2020 MT 297N, 476 P.3d 434. “See § 46-5-311, MCA, cmt. (“The first paragraph of this section is intended to act as a safeguard for the person from whom the property is taken”).”
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