Montana § 46-5-502 - Authority To Establish Temporary Roadblocks

§ 46-5-502. Authority To Establish Temporary Roadblocks

Authority to establish temporary roadblocks. (1) A law enforcement agency of this state is authorized to establish, within its jurisdiction, temporary roadblocks on the highways of this state to: (a) apprehend persons known to be wanted for a violation of the laws of this state, of any other state, or of the United States; (b) except as provided in 7-33-2212 , respond to an active emergency; or (c) respond to or mitigate conditions in areas where a significant number of known causal factors of motor vehicle accidents involving fatalities, injuries, or other serious legal violations are known to have occurred. (2) During a temporary roadblock, verification of a valid driver's license, vehicle registration, and insurance may be required. (3) In the course of conducting a roadblock under subsection (1)(c), a law enforcement officer may not issue a ticket, citation, or summons for a secondary offense. (4) For purposes of this section, the following definitions apply: (a) "Active emergency" means an incident that threatens public safety, health, or welfare and requires immediate action. (b) "Secondary offense" means a violation of an offense, including a violation of 61-13-103 , for which a law enforcement officer may only issue a ticket, citation, or summons after the driver has already been stopped for a violation of another offense.