Montana Code Annotated

Mont. Code Ann. § 46-6-210 (2026)

Arrest By Peace Officer

✓ current as of May 2026

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TITLE 46. CRIMINAL PROCEDURE

CHAPTER 6. ARREST

Part 2. Arrest With a Warrant

Arrest By Peace Officer

46-6-210. Arrest by peace officer. A peace officer may arrest a person when the officer has a warrant commanding that the person be arrested or when the officer believes on reasonable grounds:

(1) that a warrant for the person's arrest has been issued in this state, except that unless otherwise provided by law, a warrant for violation of a city ordinance may not be acted upon unless the person is located within the limits of the city in which the violation is alleged to have occurred; or

(2) that a felony warrant for the person's arrest has been issued in another jurisdiction.

History: En. 95-608 by Sec. 1, Ch. 196, L. 1967; amd. Sup. Ct. Ord. 11450-2-3-4, Oct. 10, 1968, eff. Dec. 1, 1968; R.C.M. 1947, 95-608; amd. Sec. 5, Ch. 700, L. 1985; amd. Sec. 28, Ch. 800, L. 1991; Sec. 46-6-401, MCA 1989; redes. 46-6-210 by Code Commissioner, 1991; amd. Sec. 5, Ch. 262, L. 1993.

Notes of Decisions

Cited in 5 cases, 2005–2020 · leading case: Ramon v. Short, 2020 MT 69 (Mont. 2020).

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Ramon v. Short, 2020 MT 69 (Mont. 2020). · cites it 2× “ng threat assessment analysis in hazardous material transport licensing decisions); § 46-6-210(2), MCA (authorizing a felony warrant arrest that was issued in another jurisdiction); § 46-30-301, MCA (authorizing warrantless extradition arrests for individuals accused of “a crime…”

State v. Jenkins, 2006 MT 85 (Mont. 2006). · cites it 6× “This Court exercises supervisory control in appropriate cases pursuant to the authority granted in Article VII, § 2(2) of the Montana Constitution, and Rule 17(a), M.R.App.P. The use of this 1 A court has the authority to execute an arrest warrant when the defendant is currently…”

State v. McCollom, 2005 MT 61 (Mont. 2005). · cites it 2× “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.”

Fercho v. United States (D. Mont. 2020). · cites it 6× “A separate provision does, § 46-6-210, which Judge Cavan thoroughly considered.”

State v. Torgeson, 2008 MT 295 (Mont. 2008). · cites it 5× “2 ¶15 The District Court concluded that, pursuant to § 46-6-210, MCA, a law enforcement officer may arrest a person when the officer has reasonable grounds to believe that a warrant for that person’s arrest has been issued.”

— Mont. Code Ann. § 46-6-210(1) — 1 case

State v. Torgeson, 2008 MT 295 (Mont. 2008). “2 ¶15 The District Court concluded that, pursuant to § 46-6-210, MCA, a law enforcement officer may arrest a person when the officer has reasonable grounds to believe that a warrant for that person’s arrest has been issued.”

— Mont. Code Ann. § 46-6-210(2) — 1 case

Ramon v. Short, 2020 MT 69 (Mont. 2020). “ng threat assessment analysis in hazardous material transport licensing decisions); § 46-6-210(2), MCA (authorizing a felony warrant arrest that was issued in another jurisdiction); § 46-30-301, MCA (authorizing warrantless extradition arrests for individuals accused of “a crime…”

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