46-6-105. Time of making arrest. An arrest may be made at any time of the day or night, except that a person may not be arrested in the person's home or private dwelling place at night for a misdemeanor committed at some other time and place unless upon the direction of a judge endorsed upon an arrest warrant. However, a person may be arrested in the person's home or private dwelling at night if the person is being arrested pursuant to 46-6-311 for the offense of partner or family member assault.
Montana Code Annotated
Mont. Code Ann. § 46-6-105 (2026)
Time Of Making Arrest
✓ current as of May 2026
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TITLE 46. CRIMINAL PROCEDURE
CHAPTER 6. ARREST
Part 1. General Provisions
Time Of Making Arrest
History: En. 95-607 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-607; amd. Sec. 4, Ch. 700, L. 1985; amd. Sec. 35, Ch. 800, L. 1991; amd. Sec. 13, Ch. 350, L. 1995.
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1982–2024 · leading case: City of Billings v. Whalen, 790 P.2d 471 (Mont. 1990).
City of Billings v. Whalen, 790 P.2d 471 (Mont. 1990). “The issues raised on appeal are: (1) Did the District Court err in granting defendant’s motion to suppress evidence obtained from an illegal arrest in violation of § 46-6-105, MCA? (2) Does this Court have jurisdiction over defendant’s cross-appeal to dismiss the complaint for…”
City of Whitefish v. Large, 2003 MT 322 (Mont. 2003). “Section 46-6-105, MCA. It is not disputed the arrest occurred at night.”
State v. Carlson, 644 P.2d 498 (Mont. 1982). “Another practice followed by the City of Helena, in issuing such warrants, is to provide that all such warrants may be served in the nighttime, although section 46-6-105, MCA, provides that a person cannot be arrested in his home or private dwelling place at night for a…”
State v. Ellinger, 725 P.2d 1201 (Mont. 1986). “” We note Section 46-6-105, MCA: “An arrest may be made on any day and at any time of the day or night, except that a person cannot be arrested in his home or private dwelling place at night for a misdemeanor committed at some other time and place unless upon the direction of a…”
State v. Saale, 2009 MT 95 (Mont. 2009). “¶15 Finally, we note the defendant’s argument that her arrest inside her home was not lawful, pursuant to § 46-6-105, MCA. This statute provides generally that a person may not be arrested in her home at night for a misdemeanor committed at another location, unless it is done…”
State v. N. Lanchantin, 2024 MT 129 (Mont. 2024). “Section 46-6-105, MCA. This statute is not at issue here because the misdemeanor did not happen at another time or place— 20 An officer must consider all the circumstances in a pursuit case to determine whether there is a law enforcement emergency.”
State v. McCollom, 2005 MT 61 (Mont. 2005). “See § 46-6-210, MCA; § 46-6-105, MCA. After his arrest, McCollom could have, at any time, invoked his right to consult with a lawyer.”
Plumlee v. Travis, 834 P.2d 1386 (Mont. 1992). “However, because of our holding below, we need only discuss the following issue: Did a bench warrant for the arrest of appellant for failing to pay fines meet the requirements of § 46-6-105, MCA, and constitute a lawful arrest? The facts of this case originally arose from events…”
State v. Stueck, 1998 MT 9N (Mont. 1998). “¶24 Section 46-6-105, MCA, provides in pertinent part that "[a]n arrest may be made at any time of the day or night, except that a person may not be arrested in the person's home or private dwelling place at night for a misdemeanor committed at some other time and place unless…”
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