Montana § 41-5-321 - Taking Into Custody
Full text of Montana Montana Code Annotated § 41-5-321 — Taking Into Custody, with citation guidance and answers to common questions.
§ 41-5-321. Taking Into Custody
Taking into custody. (1) A youth may be taken into custody under the following circumstances: (a) by a law enforcement officer pursuant to a lawful order or process of any court; (b) by a law enforcement officer pursuant to a lawful arrest for violation of the law; (c) by a juvenile home arrest officer or an officer listed in subsections (1)(a) and (1)(b) if a youth placed under a home arrest program has violated a condition of the placement and the home arrest officer or law enforcement officer has direct knowledge of the violation or a juvenile probation officer has provided the juvenile home arrest officer notice of a violation. (2) The taking of a youth into custody is not an arrest except for the purpose of determining the validity of the taking under the constitution of Montana or the United States.
Frequently Asked Questions About Montana § 41-5-321
What does Montana Code Annotated § 41-5-321 cover?
Section 41-5-321 ("Taking Into Custody") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 41-5-321?
A common citation format is "Montana Code Annotated § 41-5-321" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 41-5-321 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.