2009 Montana Code Annotated
TITLE 46. CRIMINAL PROCEDURE
CHAPTER 6. ARREST
Part 2. Arrest With a Warrant
46-6-216. Manner of arrest with warrant.
46-6-216. Manner of arrest with warrant. (1) When making an arrest pursuant to a warrant, a peace officer shall inform the person to be arrested of the officer's authority, the intention to arrest that person, the cause of the arrest, and the fact that a warrant has been issued for that person's arrest, except:
(a) when the person flees or forcibly resists before the peace officer has an opportunity to inform the person; or
(b) when the giving of the information will imperil the arrest.
(2) The peace officer need not have possession of the warrant at the time of the arrest, but after the arrest, the warrant must be shown to the person arrested as soon as practicable if the person requests.
History: En. 95-604 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-604; amd. Sec. 5, Ch. 116, L. 1979; amd. Sec. 31, Ch. 800, L. 1991; Sec. 46-6-203, MCA 1989; redes. 46-6-216 by Code Commissioner, 1991.
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