41-5-321. Taking into custody.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

41-5-321 . 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.