Montana § 46-4-502 - Lineup Procedure
Full text of Montana Montana Code Annotated § 46-4-502 — Lineup Procedure, with citation guidance and answers to common questions.
§ 46-4-502. Lineup Procedure
Lineup procedure. A lineup conducted by a law enforcement agency of this state or any political subdivision must meet the following requirements: (1) The peace officer who is the administrator of a live or photographic lineup must be unaware of which person in the lineup is the suspected perpetrator of the crime under investigation or, if that is not practicable, the administrator shall use a photographic lineup that prevents the administrator from seeing which member of the photographic lineup is being viewed by the eyewitness. (2) Before the lineup is administered, the eyewitness must be instructed that the suspected perpetrator may or may not be in the lineup. (3) Any person who is not the suspected perpetrator in the lineup must be substantially similar to the eyewitness's description of the suspected perpetrator. (4) Immediately after an identification is made, the eyewitness shall provide a statement in the eyewitness's own words that articulates the level of the eyewitness's confidence in the identification. (5) A failure to comply with any of the requirements of this section must be: (a) considered by a court in adjudicating a motion to suppress eyewitness identification; and (b) admissible in support of a claim of eyewitness misidentification if the evidence is otherwise admissible.
Frequently Asked Questions About Montana § 46-4-502
What does Montana Code Annotated § 46-4-502 cover?
Section 46-4-502 ("Lineup Procedure") 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 § 46-4-502?
A common citation format is "Montana Code Annotated § 46-4-502" (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 § 46-4-502 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.