Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 6. ARREST · Part 3. Warrantless Arrest and Notice to Appear
Montana Code Annotated

Mont. Code Ann. § 46-6-311 (2026)

Basis For Arrest Without Warrant -- Arrest Of Predominant Aggressor -- No Contact Order

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 6
  4. Part 3
  5. 46-6-311 Basis for arrest without warrant -- arrest of predominant aggressor -- no contact order

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 6. ARREST

Part 3. Warrantless Arrest and Notice to Appear

Basis For Arrest Without Warrant -- Arrest Of Predominant Aggressor -- No Contact Order

46-6-311. Basis for arrest without warrant -- arrest of predominant aggressor -- no contact order. (1) A peace officer may arrest a person when a warrant has not been issued if the officer has probable cause to believe that the person is committing an offense or that the person has committed an offense and existing circumstances require immediate arrest.

(2) (a) The summoning of a peace officer to a place of residence by a partner or family member constitutes an exigent circumstance for making an arrest. Arrest is the preferred response in partner or family member assault cases involving injury to the victim, use or threatened use of a weapon, violation of a restraining order, or other imminent danger to the victim.

(b) When a peace officer responds to a partner or family member assault complaint and if it appears that the parties were involved in mutual aggression, the officer shall evaluate the situation to determine who is the predominant aggressor. If, based on the officer's evaluation, the officer determines that one person is the predominant aggressor, the officer may arrest only the predominant aggressor. A determination of who the predominant aggressor is must be based on but is not limited to the following considerations, regardless of who was the first aggressor:

(i) the prior history of violence between the partners or family members, if information about the prior history is available to the officer;

(ii) the relative severity of injuries received by each person;

(iii) whether an act of or threat of violence was taken in self-defense;

(iv) the relative sizes and apparent strength of each person;

(v) the apparent fear or lack of fear between the partners or family members; and

(vi) statements made by witnesses.

(3) If a judge has issued a standing order as provided in 45-5-209, a peace officer shall give a defendant charged with or arrested for partner or family member assault or a violation of 45-5-202, 45-5-213, or 45-5-215 if the victim is a partner or family member of the defendant, both written and verbal notice of the no contact order issued pursuant to 45-5-209. The notice must include specific conditions as ordered by the court.

History: En. Sec. 32, Ch. 800, L. 1991; amd. Sec. 3, Ch. 425, L. 1993; amd. Sec. 14, Ch. 350, L. 1995; amd. Sec. 6, Ch. 484, L. 1997; amd. Sec. 1, Ch. 304, L. 2003; amd. Sec. 2, Ch. 411, L. 2005; amd. Sec. 2, Ch. 328, L. 2015; amd. Sec. 9, Ch. 394, L. 2017.

Notes of Decisions
Cited in 44 cases (2 in the last 5 years), 1994–2024 · leading case: Massee v. Thompson, 2004 MT 121 (Mont. 2004).
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Massee v. Thompson, 2004 MT 121 (Mont. 2004). · cites it 14× “The court further concluded that the provisions of the "arrest" statute, found at § 46-6-311, MCA (1993 and 1995), were discretionary rather than mandatory, and therefore did not impose upon the Sheriff the legal duty to arrest Ray for his assaults on Vickie.”
State v. Bauer, 2001 MT 248 (Mont. 2001). · cites it 9× “e constitutional right to privacy, the prohibition against unreasonable searches and seizures, and the prohibition against cruel and unusual punishment? ¶ 18 Bauer argues that the District Court incorrectly denied his motion to suppress because his arrest and subsequent…”
State v. Williamson, 1998 MT 199 (Mont. 1998). · cites it 10× “" Consequently, a peace officer such as Weber, when acting outside his territorial jurisdiction and as a private citizen, may arrest another under the citizen's arrest statute when he has probable cause to believe that person is committing or has committed an offense; he may not…”
State v. Boyer, 2002 MT 33 (Mont. 2002). · cites it 4× “[5] For example, see § 46-6-311, MCA, which reads: "(1) A peace officer may arrest a person when a warrant has not been issued if the officer has probable cause to believe that the person is committing an offense or that the person has committed an offense and existing…”
Hulse v. State, Dep't of Just., 1998 MT 108 (Mont. 1998). · cites it 3× “Section 46-6-311, MCA. Probable cause for an arrest exists when the facts and circumstances within the arresting officer’s personal knowledge are sufficient to warrant a reasonable person to believe that the suspect has committed an offense.”
Atwater v. City of Lago Vista, 532 U.S. 318 (2001). “110 (2000) (of “any person who commits an offense in [the officer’s] presence”); Mont. Code Ann. §46-6-311 (1) (1997) (if “the officer has probable cause to believe that the person is committing an offense”); Neb.”
State v. Van Dort, 2003 MT 104 (Mont. 2003). · cites it 6× “¶ 19 Pursuant to the Fourth Amendment to United States Constitution and Article II, Section 11, of the Montana Constitution, a warrantless arrest requires probable cause.”
State v. Ditton, 2009 MT 57 (Mont. 2009). · cites it 8× “Moreover, the District Court noted that under § 46-6-311(1), MCA, peace officers may arrest persons without a warrant if the officer has probable cause to believe that a person is committing, or has committed, an offense.”
State v. Stubbs, 892 P.2d 547 (Mont. 1995). · cites it 6× “Section 46-6-311(1), MCA, provides: [a] peace officer may arrest a person when a warrant has not been issued if the officer has probable cause to believe that the person is committing an offense or that the person has committed an offense and existing circumstances require…”
Widdicombe v. State Ex Rel. Lafond, 2004 MT 49 (Mont. 2004). · cites it 3× “Section 46-6-311, MCA. Probable cause requires a belief, reasonable under the facts and circumstances within an officer’s personal knowledge, that an offense has been committed.”
Nelson v. Driscoll, 1999 MT 193 (Mont. 1999). · cites it 3× “Section 46-6-311,MCA, states: [A] peace officer may arrest a person when a warrant has not been issued if the officer has probable cause to believe that the person is committing an offense or that the person has committed an offense and existing circumstances require immediate…”
In Re the License Suspension of Cybulski, 2008 MT 128 (Mont. 2008). · cites it 4× “Section 46-6-311, MCA; Bush, ¶ 12. A peace officer may arrest a person without a warrant if the officer has probable cause to believe that the person is committing an offense or that the person has committed an offense and existing circumstances require immediate arrest.”
Show all 44 citing cases →
Mont. Code Ann. § 46-6-311(1): 23 cases
State v. Bauer, 2001 MT 248 (Mont. 2001). “e constitutional right to privacy, the prohibition against unreasonable searches and seizures, and the prohibition against cruel and unusual punishment? ¶ 18 Bauer argues that the District Court incorrectly denied his motion to suppress because his arrest and subsequent…”
State v. Williamson, 1998 MT 199 (Mont. 1998). “" Consequently, a peace officer such as Weber, when acting outside his territorial jurisdiction and as a private citizen, may arrest another under the citizen's arrest statute when he has probable cause to believe that person is committing or has committed an offense; he may not…”
State v. Van Dort, 2003 MT 104 (Mont. 2003). “¶ 19 Pursuant to the Fourth Amendment to United States Constitution and Article II, Section 11, of the Montana Constitution, a warrantless arrest requires probable cause.”
State v. Ditton, 2009 MT 57 (Mont. 2009). “Moreover, the District Court noted that under § 46-6-311(1), MCA, peace officers may arrest persons without a warrant if the officer has probable cause to believe that a person is committing, or has committed, an offense.”
State v. Stubbs, 892 P.2d 547 (Mont. 1995). “Section 46-6-311(1), MCA, provides: [a] peace officer may arrest a person when a warrant has not been issued if the officer has probable cause to believe that the person is committing an offense or that the person has committed an offense and existing circumstances require…”
Mont. Code Ann. § 46-6-311(2): 1 case
State v. Saxton, 2003 MT 105 (Mont. 2003).
Mont. Code Ann. § 46-6-311(2)(b): 1 case
State v. M. Mays, 2024 MT 275N (Mont. 2024).
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