Mont. Code Ann. » TITLE 7. LOCAL GOVERNMENT · CHAPTER 32. LAW ENFORCEMENT · Part 2. Reserve and Auxiliary Officers
Montana Code Annotated

Mont. Code Ann. § 7-32-233 (2026)

Limitation On Arrest Authority Of Auxiliary Officer

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  1. MCA Contents
  2. TITLE 7
  3. CHAPTER 32
  4. Part 2
  5. 7-32-233 Limitation on arrest authority of auxiliary officer

TITLE 7. LOCAL GOVERNMENT

CHAPTER 32. LAW ENFORCEMENT

Part 2. Reserve and Auxiliary Officers

Limitation On Arrest Authority Of Auxiliary Officer

7-32-233. Limitation on arrest authority of auxiliary officer. An auxiliary officer has only the arrest authority granted a private person in 46-6-502.

History: En. 11-1851 by Sec. 1, Ch. 85, L. 1977; R.C.M. 1947, 11-1855(part); amd. Sec. 252, Ch. 800, L. 1991.

Notes of Decisions
Cited in 2 cases, 1984–2011 · leading case: State v. Lemmon, 692 P.2d 455 (Mont. 1984).
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State v. Lemmon, 692 P.2d 455 (Mont. 1984). · cites it 3× “) Section 7-32-233, MCA, states: “An auxiliary officer has only the arrest authority granted a private person in section 46-6-502 and 46-6-503.”
State v. Updegraff, 2011 MT 321, 267 P.3d 28. · cites it 2× “Yet, if the arrest is made by a peace officer, and the arrestee is thus already in the custody of a peace officer, then the policy that would otherwise be served by the statute has already been fulfilled: need for an arrest in the interest of public safety has occurred, and the…”
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