Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 6. ARREST · Part 2. Arrest With a Warrant
Montana Code Annotated

Mont. Code Ann. § 46-6-204 (2026)

Minor Irregularities In Warrant

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 6
  4. Part 2
  5. 46-6-204 Minor irregularities in warrant

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 6. ARREST

Part 2. Arrest With a Warrant

Minor Irregularities In Warrant

46-6-204. Minor irregularities in warrant. No warrant of arrest shall be dismissed nor shall any person in custody for an offense be discharged from such custody because of technical irregularities not affecting the substantial rights of the accused.

History: En. 95-605 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-605.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1987–2023 · leading case: State v. C. Kirn, 2023 MT 98 (Mont. 2023).
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State v. C. Kirn, 2023 MT 98 (Mont. 2023). · cites it 2× “The jury was instructed, pursuant to § 46-6-204, MCA, that to convict the State must prove: (1) Kirn entered or remained unlawfully in Laird’s residence; (2) he did so with the purpose of committing the offense of assault; and (3) he was armed with a weapon during the offense,…”
State v. McKee, 1998 MT 110 (Mont. 1998). · cites it 2× “In so holding, the District Court concluded “that Judge Bethel had adequate grounds to issue an arrest warrant,” and held “[t]he fact that she has only produced an unsigned warrant for this hearing is not deemed to be of such significance that it affects the substantial rights…”
State v. Oliver, 742 P.2d 999 (Mont. 1987). · cites it 3× “Section 46-6-204(1), MCA. Defendant contends the State’s presentation of circumstantial evidence merely shows that defendant had the opportunity to commit the burglary but fails to connect defendant to the crime.”
State v. Christofferson, 775 P.2d 690 (Mont. 1989). · cites it 2× “Burglary is defined in § 46-6-204, MCA, and provides: “(1) A person commits the offense of burglary if he knowingly enters or remains unlawfully in an occupied structure with the purpose to commit an offense therein.”
State v. Torgeson, 2008 MT 295 (Mont. 2008). · cites it 5× “Section 46-6-204, MCA, provides: No warrant of arrest shall be dismissed nor shall any person in custody for an offense be discharged from such custody because of technical irregularities not affecting the substantial rights of the accused.”
— Mont. Code Ann. § 46-6-204(1) — 1 case
State v. Oliver, 742 P.2d 999 (Mont. 1987). “Section 46-6-204(1), MCA. Defendant contends the State’s presentation of circumstantial evidence merely shows that defendant had the opportunity to commit the burglary but fails to connect defendant to the crime.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.