Montana § 46-5-103 - When Search And Seizure Not Illegal
Full text of Montana Montana Code Annotated § 46-5-103 — When Search And Seizure Not Illegal, with citation guidance and answers to common questions.
§ 46-5-103. When Search And Seizure Not Illegal
When search and seizure not illegal. (1) A search and seizure, whether with or without a warrant, may not be held to be illegal if: (a) the defendant has disclaimed any right to or interest in the place or object searched or the evidence, contraband, or person seized; (b) a right of the defendant has not been infringed by the search and seizure; or (c) any irregularity in the proceedings has no effect on the substantial rights of the accused. (2) Evidence, contraband, or persons lawfully seized are admissible as evidence in any prosecution or proceeding whether or not the prosecution or proceeding is for the offense in connection with which the search was originally made.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 46-5-103
What does Montana Code Annotated § 46-5-103 cover?
Section 46-5-103 ("When Search And Seizure Not Illegal") 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 § 46-5-103?
A common citation format is "Montana Code Annotated § 46-5-103" (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 § 46-5-103 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.