Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 5. SEARCH AND SEIZURE · Part 4. Stop and Frisk
Montana Code Annotated

Mont. Code Ann. § 46-5-403 (2026)

Duration Of Stop

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 5
  4. Part 4
  5. 46-5-403 Duration of stop

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 5. SEARCH AND SEIZURE

Part 4. Stop and Frisk

Duration Of Stop

46-5-403. Duration of stop. A stop authorized by 46-5-401 or 46-6-411 may not last longer than is necessary to effectuate the purpose of the stop.

History: En. Sec. 44, Ch. 800, L. 1991.

Notes of Decisions
Cited in 38 cases (12 in the last 5 years), 1996–2025 · leading case: State v. S. Hoover, 2017 MT 236 (Mont. 2017).
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State v. S. Hoover, 2017 MT 236 (Mont. 2017). · cites it 14× “See Hulse, ¶ 40-42 (escalating suspicion must arise from initial lawful stop); § 46-5-403, MCA (investigative stop “may not last longer than is necessary to effectuate the purpose of the stop”).”
State v. Martinez, 2003 MT 65 (Mont. 2003). · cites it 8× “They clairn that law enforcement had no reason to suspect that the pickup was not legally registered on the basis that the sticker numbers were difficult to discern and contend that sticker verification was a pretext for stopping them.”
State v. M. Zeimer, 2022 MT 96 (Mont. 2022). · cites it 10× “at 1883-84 , and § 46-5-403, MCA); Royer, 460 U.S. at 500 , 103 S.”
State v. Noli, 2023 MT 84 (Mont. 2023). · cites it 9× “In turn, like the limited scope and duration of the initial valid stop, 12 See similarly § 46-5-403, MCA (investigative stop “may not last longer than is necessary to effectuate the purpose of the stop”); State v.”
State v. W. Harning, 2022 MT 61 (Mont. 2022). · cites it 6× “Section 46-5-403, MCA. However, investigative stops may be prolonged, and the scope of the investigation enlarged, provided the scope of the investigation remains within the limits created by the facts and suspicions from which they arose.”
State v. Randy Graham, 2007 MT 358 (Mont. 2007). · cites it 6× “” Section 46-5-403, MCA. ¶15 The validity and legality of an investigative stop hinges upon the existence of particularized suspicion justifying the stop in the first place.”
State v. Jenkins, 3 A.3d 806 (Conn. 2010). · cites it 4× “2009) ("[e]xcept when an arresting officer cites a person with an [electronic ticket], the officer shall, upon the giving by such person of a sufficient written bond, approved by the arresting officer, to appear at such time and place, forthwith release the person from…”
City of Missoula v. Kroschel, 419 P.3d 1208 (Mont. 2018). · cites it 4× “Montana has codified these principles in § 46-5-403, MCA (temporary investigative stop "may not last longer than is necessary to effectuate the purpose of the stop").”
State v. Snell, 2004 MT 269 (Mont. 2004). · cites it 6× “On appeal, we applied the requirement of § 46-5-403, MCA, and Terry v. Ohio (1968), 392 U.”
State v. Nelson, 2004 MT 310 (Mont. 2004). · cites it 7× “Section 46-5-403, MCA. ¶23 Moreover, this Court has never established specific time parameters to which an officer is to adhere to when conducting an investigative stop.”
State v. Estes, 2017 MT 226 (Mont. 2017). · cites it 3× “Section 46-5-403, MCA; Rodriguez *495 v. United States, 135 S.”
State v. D. Hurlbert, 2009 MT 221 (Mont. 2009). · cites it 3× “” Section 46-5-403, MCA. However, if additional objective data of wrongdoing exists, the additional information may give rise to further suspicions and enlarge the scope of the investigation.”
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