46-6-503. Repealed. Sec. 263, Ch. 800, L. 1991.
Montana Code Annotated
Mont. Code Ann. § 46-6-503 (2026)
Repealed
✓ current as of May 2026
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TITLE 46. CRIMINAL PROCEDURE
CHAPTER 6. ARREST
Part 5. Arrest by a Private Person
Repealed
History: En. 95-611 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 3, Ch. 274, L. 1974; R.C.M. 1947, 95-611(part).
Notes of Decisions
Cited in 3
cases, 1980–2011 · leading case: Duran v. Buttrey Food, Inc., 616 P.2d 327 (Mont. 1980).
Duran v. Buttrey Food, Inc., 616 P.2d 327 (Mont. 1980). “) Appellant's primary objection to section 46-6-503, MCA, is that it allows private individuals-merchants-to detain, search and arrest other private individuals in violation of their right to privacy under the Montana Constitution.”
State v. Updegraff, 2011 MT 321, 267 P.3d 28. “¶32 The last significant amendments to the statutory scheme occurred in 1991. First, the felony/misdemeanor distinction and the fin his presence” language were deleted, as were the merchant-specific rules.”
Vogel v. Gibson's Disc. Centers, 681 P.2d 40 (Mont. 1984). “Probable cause may exist as a result of a stop pursuant to Section 46-6-503, or it may exist prior to such a stop, but it must exist.”
Mont. Code Ann. § 46-6-503(1): 1 case
Duran v. Buttrey Food, Inc., 616 P.2d 327 (Mont. 1980). “) Appellant's primary objection to section 46-6-503, MCA, is that it allows private individuals-merchants-to detain, search and arrest other private individuals in violation of their right to privacy under the Montana Constitution.”
Mont. Code Ann. § 46-6-503(2): 3 cases
Duran v. Buttrey Food, Inc., 616 P.2d 327 (Mont. 1980). “) Appellant's primary objection to section 46-6-503, MCA, is that it allows private individuals-merchants-to detain, search and arrest other private individuals in violation of their right to privacy under the Montana Constitution.”
State v. Updegraff, 2011 MT 321, 267 P.3d 28. “¶32 The last significant amendments to the statutory scheme occurred in 1991. First, the felony/misdemeanor distinction and the fin his presence” language were deleted, as were the merchant-specific rules.”
Vogel v. Gibson's Disc. Centers, 681 P.2d 40 (Mont. 1984). “Probable cause may exist as a result of a stop pursuant to Section 46-6-503, or it may exist prior to such a stop, but it must exist.”
Mont. Code Ann. § 46-6-503(3): 1 case
Duran v. Buttrey Food, Inc., 616 P.2d 327 (Mont. 1980). “) Appellant's primary objection to section 46-6-503, MCA, is that it allows private individuals-merchants-to detain, search and arrest other private individuals in violation of their right to privacy under the Montana Constitution.”
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