Notes of Decisions
Cited in
18
cases (
2 in the last 5 years), 1980–2024 · leading case:
State v. Updegraff, 2011 MT 321 (Mont. 2011).
State v. Updegraff, 2011 MT 321 (Mont. 2011).
· cites it 39× “this Court boil down to the following proposition: either the deputies were acting “under color of law” as Jefferson County “peace officers,” in which case they had no authority to make an arrest in Madison County, or the deputies were acting as “private citizens,” in which case…”
Duran v. Buttrey Food, Inc., 616 P.2d 327 (Mont. 1980).
· cites it 34× “Under section 46-6-502, MCA, a private person may arrest another when he is a merchant, and "has probable cause to believe the other is shoplifting in the merchant's store.”
State v. Williamson, 1998 MT 199 (Mont. 1998).
· cites it 16× “¶ 18 Maney argued on appeal that there was no arrest by a "peace officer" as required by § 61-8-402(1), MCA, because the arrest was made in the officer's capacity as a private citizen under § 46-6-502, MCA, and, as a result, the implied consent statute did not apply.”
State v. Hendrickson, 939 P.2d 985 (Mont. 1997).
· cites it 23× “(2) A private person making an arrest shall immediately notify the nearest available law enforcement agency or peace officer and give custody of the person arrested to the officer or agency.”
State v. Schubert, 2010 MT 255 (Mont. 2010).
· cites it 32× “He argued to the District Court that Shirley’s actions affected a citizen’s arrest which was not supported by probable cause as required by § 46-6-502, MCA (2007), thus requiring the suppression of all evidence obtained as a result of the arrest and dismissal of the charge.”
State v. Sunday, 609 P.2d 1188 (Mont. 1980).
· cites it 6× “The only statute even remotely applicable is section 46-6-502, MCA, which sets forth the circumstances under which a private citizen can make an arrest.”
State v. Lemmon, 692 P.2d 455 (Mont. 1984).
· cites it 7× “” As an auxiliary officer’s arrest authority is no greater than that of a private citizen, Lemmon’s membership in the posse is irrelevant and section 46-6-502, MCA, controls. Section 46-6-502 states: “A private person may arrest another when: “(1) he believes on reasonable…”
State v. McDole, 734 P.2d 683 (Mont. 1987).
· cites it 6× “In Montana, a private citizen may make an arrest pursuant to Section 46-6-502, MCA, which provides: “A private person may arrest another when: “(1) he believes on reasonable grounds that an offense is being committed or attempted in his presence; “(2) a felony has in fact been…”
Maney v. Montana, 842 P.2d 704 (Mont. 1992).
· cites it 8× “*274 Section 46-6-502, MCA. The validity of the stop and Officer Gomke’s authority to make a citizen’s arrest are not contested in the present case.”
State v. Sunford, 796 P.2d 1084 (Mont. 1990).
· cites it 3× “” Section 46-6-502, MCA. In the present case, the District Court found that the security officer had reasonable grounds to believe that an offense was being committed in his presence.”
State v. May, 2004 MT 45 (Mont. 2004).
· cites it 4× “However, § 46-6-502, MCA, allows a private person, under certain circumstances, to arrest another and then immediately notify- and give custody of the person to-the nearest available law enforcement agency.”
City of Missoula v. Iosefo, 2014 MT 209 (Mont. 2014).
· cites it 7× “Section 46-6-502, MCA. Thus, an off-duty officer may use reasonable force to arrest a person only “if there is probable cause to believe that the person is committing or has committed an offense and the existing circumstances require the person’s immediate arrest.”
Mont. Code Ann. § 46-6-502(1): 6 cases
State v. Williamson, 1998 MT 199 (Mont. 1998).
“¶ 18 Maney argued on appeal that there was no arrest by a "peace officer" as required by § 61-8-402(1), MCA, because the arrest was made in the officer's capacity as a private citizen under § 46-6-502, MCA, and, as a result, the implied consent statute did not apply.”
State v. Updegraff, 2011 MT 321 (Mont. 2011).
“this Court boil down to the following proposition: either the deputies were acting “under color of law” as Jefferson County “peace officers,” in which case they had no authority to make an arrest in Madison County, or the deputies were acting as “private citizens,” in which case…”
State v. Schubert, 2010 MT 255 (Mont. 2010).
“He argued to the District Court that Shirley’s actions affected a citizen’s arrest which was not supported by probable cause as required by § 46-6-502, MCA (2007), thus requiring the suppression of all evidence obtained as a result of the arrest and dismissal of the charge.”
State v. Hendrickson, 939 P.2d 985 (Mont. 1997).
“(2) A private person making an arrest shall immediately notify the nearest available law enforcement agency or peace officer and give custody of the person arrested to the officer or agency.”
Mont. Code Ann. § 46-6-502(2): 6 cases
State v. Updegraff, 2011 MT 321 (Mont. 2011).
“this Court boil down to the following proposition: either the deputies were acting “under color of law” as Jefferson County “peace officers,” in which case they had no authority to make an arrest in Madison County, or the deputies were acting as “private citizens,” in which case…”
State v. Hendrickson, 939 P.2d 985 (Mont. 1997).
“(2) A private person making an arrest shall immediately notify the nearest available law enforcement agency or peace officer and give custody of the person arrested to the officer or agency.”
Maney v. Montana, 842 P.2d 704 (Mont. 1992).
“*274 Section 46-6-502, MCA. The validity of the stop and Officer Gomke’s authority to make a citizen’s arrest are not contested in the present case.”
State v. Schubert, 2010 MT 255 (Mont. 2010).
“He argued to the District Court that Shirley’s actions affected a citizen’s arrest which was not supported by probable cause as required by § 46-6-502, MCA (2007), thus requiring the suppression of all evidence obtained as a result of the arrest and dismissal of the charge.”
Mont. Code Ann. § 46-6-502(3): 3 cases
Duran v. Buttrey Food, Inc., 616 P.2d 327 (Mont. 1980).
“Under section 46-6-502, MCA, a private person may arrest another when he is a merchant, and "has probable cause to believe the other is shoplifting in the merchant's store.”
State v. Updegraff, 2011 MT 321 (Mont. 2011).
“this Court boil down to the following proposition: either the deputies were acting “under color of law” as Jefferson County “peace officers,” in which case they had no authority to make an arrest in Madison County, or the deputies were acting as “private citizens,” in which case…”
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treatment. Dots show Syfertize treatment of the citing case itself.