Montana § 46-5-102 - Scope Of Search Incident To Arrest
Full text of Montana Montana Code Annotated § 46-5-102 — Scope Of Search Incident To Arrest, with citation guidance and answers to common questions.
§ 46-5-102. Scope Of Search Incident To Arrest
Scope of search incident to arrest. When a lawful arrest is effected, a peace officer may reasonably search the person arrested and the area within such person's immediate presence for the purpose of: (1) protecting the officer from attack; (2) preventing the person from escaping; (3) discovering and seizing the fruits of the crime; or (4) discovering and seizing any persons, instruments, articles, or things which may have been used in the commission of or which may constitute evidence of the offense.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 46-5-102
What does Montana Code Annotated § 46-5-102 cover?
Section 46-5-102 ("Scope Of Search Incident To Arrest") 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 § 46-5-102?
A common citation format is "Montana Code Annotated § 46-5-102" (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 § 46-5-102 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.