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Code · Montana · Title 46 — Criminal Procedure · Chapter 5 · Part 1

46-5-102. Scope of search incident to arrest.

84 words·~1 min read·/mt/title-46/chapter-5/part-1/46-5-102·

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46-5-102 . 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.
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