2019 Montana Code Annotated
Title 46. Criminal Procedure
Chapter 5. Search and Seizure
Part 5. Roadblocks
46-5-502. Authority to establish temporary roadblocks

46-5-502. 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.

History: En. 95-618 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 18, L. 1971; R.C.M. 1947, 95-618(b); amd. Sec. 45, Ch. 800, L. 1991; amd. Sec. 1, Ch. 86, L. 2017.