Notes of Decisions
Cited in
14
cases (
2 in the last 5 years), 1984–2025 · leading case:
State v. Courville, 2002 MT 330 (Mont. 2002).
State v. Courville, 2002 MT 330 (Mont. 2002).
· cites it 14× “¶ 38 While reconciling §§ 45-3-108, MCA and 45-3-102, MCA, in this manner may seem somewhat internally inconsistent, the point to be noted is that the former statute is aimed at encouraging peaceful arrests and at protecting law enforcement officers from violence in the…”
State v. Martin, 2001 MT 83 (Mont. 2001).
· cites it 6× “" Section 46-6-104(1), MCA. In State v. Thornton (1985), 218 Mont.”
State v. Van Dort, 2003 MT 104 (Mont. 2003).
· cites it 10× “¶ 12 The definition of an arrest is codified at § 46-6-104, MCA. According to that section, "[a]n arrest is made by an actual restraint of the person to be arrested or by the person's submission to the custody of the person making the arrest.”
State v. Widenhofer, 950 P.2d 1383 (Mont. 1997).
· cites it 10× “All necessary and reasonable force may be used in making an arrest, but the person arrested may not be subject to any greater restraint than is necessary to hold or detain that person.”
State v. Stubbs, 892 P.2d 547 (Mont. 1995).
· cites it 6× “" We agree with Stubbs' position that by placing Stubbs in handcuffs at gunpoint, Boyer actually restrained Stubbs and arrested him. However, we disagree with Stubbs' contention that the arrest was improper.”
State v. Thornton, 708 P.2d 273 (Mont. 1985).
· cites it 5× “The pertinent statute in Montana with regard to the method of a valid arrest is Section 46-6-104, MCA. This statute provides in pertinent part: “An arrest is made by an actual restraint of the person to be arrested or by his submission to the custody of the person making the…”
Ramon v. Short, 2020 MT 69 (Mont. 2020).
· cites it 3× “¶30 Under Montana law, an “arrest is made by an actual restraint of the person to be arrested or by the person’s submission to the custody of the person making the arrest.”
State v. O'NEILL, 679 P.2d 760 (Mont. 1984).
· cites it 3× “Even though Section 46-6-104(3), MCA and Section 46-6-401(3), MCA would have statutorily allowed an entry into the respondent’s home to arrest Fitzgibbons without a search warrant, the law enforcement officials were compelled to comply with the more stringent constitutional…”
City of Billings v. Whalen, 790 P.2d 471 (Mont. 1990).
· cites it 3× “The first question to be answered is whether the encounter that occurred between the defendant and the officer rose to the level of an arrest.”
State v. Ellington, 2006 MT 219 (Mont. 2006).
· cites it 3× “Section 46-6-104(1), MCA, provides that an “arrest is made by an actual restraint of the person to be arrested or by the person’s submission to the custody of the person making the arrest.”
State v. Stevens, 434 P.3d 904 (Mont. 2019).
· cites it 3× “However, we also agree with the State that the officers' display of weapons and use of handcuffs did not amount to an arrest. ¶18 "An arrest is made by an actual restraint of the person to be arrested or by the person's submission to the custody of the person making the arrest.”
State v. P. Gysler, 2025 MT 106 (Mont. 2025).
· cites it 2× “Courville, ¶ 38; § 46-6-104(2), MCA. “Where the claim is that a peace officer used unlawful force in executing an arrest and the person subject to restraint reasonably believed that he must defend himself against the imminent use of this unlawful force, then the resolution of…”
Mont. Code Ann. § 46-6-104(1): 6 cases
State v. Martin, 2001 MT 83 (Mont. 2001).
“" Section 46-6-104(1), MCA. In State v. Thornton (1985), 218 Mont.”
State v. Stubbs, 892 P.2d 547 (Mont. 1995).
“" We agree with Stubbs' position that by placing Stubbs in handcuffs at gunpoint, Boyer actually restrained Stubbs and arrested him. However, we disagree with Stubbs' contention that the arrest was improper.”
Ramon v. Short, 2020 MT 69 (Mont. 2020).
“¶30 Under Montana law, an “arrest is made by an actual restraint of the person to be arrested or by the person’s submission to the custody of the person making the arrest.”
City of Billings v. Whalen, 790 P.2d 471 (Mont. 1990).
“The first question to be answered is whether the encounter that occurred between the defendant and the officer rose to the level of an arrest.”
State v. Ellington, 2006 MT 219 (Mont. 2006).
“Section 46-6-104(1), MCA, provides that an “arrest is made by an actual restraint of the person to be arrested or by the person’s submission to the custody of the person making the arrest.”
Mont. Code Ann. § 46-6-104(2): 3 cases
State v. Courville, 2002 MT 330 (Mont. 2002).
“¶ 38 While reconciling §§ 45-3-108, MCA and 45-3-102, MCA, in this manner may seem somewhat internally inconsistent, the point to be noted is that the former statute is aimed at encouraging peaceful arrests and at protecting law enforcement officers from violence in the…”
State v. P. Gysler, 2025 MT 106 (Mont. 2025).
“Courville, ¶ 38; § 46-6-104(2), MCA. “Where the claim is that a peace officer used unlawful force in executing an arrest and the person subject to restraint reasonably believed that he must defend himself against the imminent use of this unlawful force, then the resolution of…”
Mont. Code Ann. § 46-6-104(3): 1 case
State v. O'NEILL, 679 P.2d 760 (Mont. 1984).
“Even though Section 46-6-104(3), MCA and Section 46-6-401(3), MCA would have statutorily allowed an entry into the respondent’s home to arrest Fitzgibbons without a search warrant, the law enforcement officials were compelled to comply with the more stringent constitutional…”
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treatment. Dots show Syfertize treatment of the citing case itself.