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

Mont. Code Ann. § 46-6-312 (2026)

Manner Of Arrest Without Warrant

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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 6
  4. Part 3
  5. 46-6-312 Manner of arrest without warrant

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 6. ARREST

Part 3. Warrantless Arrest and Notice to Appear

Manner Of Arrest Without Warrant

46-6-312. Manner of arrest without warrant. A peace officer making an arrest without a warrant shall inform the person to be arrested of the officer's authority, of the intention to arrest that person, and of the cause of the arrest, except when the person to be arrested is actually engaged in the commission of or in an attempt to commit an offense or is pursued immediately after its commission, after an escape, or when the giving of the information will imperil the arrest.

History: En. 95-606 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-606; amd. Sec. 33, Ch. 800, L. 1991; Sec. 46-6-106, MCA 1989; redes. 46-6-312 by Code Commissioner, 1991; amd. Sec. 6, Ch. 262, L. 1993.

Notes of Decisions
Cited in 4 cases, 1995–2016 · leading case: State v. Kelm, 2013 MT 115, 300 P.3d 687.
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State v. Kelm, 2013 MT 115, 300 P.3d 687. · cites it 19× “Did the District Court incorrectly conclude that, because the arresting officer did not follow § 46-6-312, MCA, all evidence gathered *63 after Kelm’s arrest should be suppressed? ¶4 2.”
United States v. Hector Magallon-Lopez, 817 F.3d 671 (9th Cir. 2016). “” Mont. Code Ann. § 46-6-312 (emphasis added).”
City of Helena v. Reynolds, No. 94-112 (Mont. Apr. 4, 1995). · cites it 8× “Charles argues that the arrest did not comply with § 46-6-312, MCA, which sets forth the manner in which warrantless arrests are to be made.”
State v. Stambaugh, 2011 MT 16N. · cites it 3× “Lastly, Stambaugh challenges the propriety of his arrest under § 46-6-312, MCA, claiming the officers failed to properly identify themselves.”
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