2015 Montana Legislature

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SENATE BILL NO. 26

INTRODUCED BY N. SWANDAL

BY REQUEST OF THE DEPARTMENT OF JUSTICE

 

AN ACT CLARIFYING THAT SEARCH WARRANT APPLICATIONS MAY BE SUBMITTED ELECTRONICALLY; AMENDING SECTION 46-5-221, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

     Section 1.  Section 46-5-221, MCA, is amended to read:

     "46-5-221.  Grounds for search warrant. A judge shall issue a search warrant to a person upon application, in writing, or by telephone, or electronically, made under oath or affirmation, that:

     (1)  states facts sufficient to support probable cause to believe that an offense has been committed;

     (2)  states facts sufficient to support probable cause to believe that evidence, contraband, or persons connected with the offense may be found;

     (3)  particularly describes the place, object, or persons to be searched; and

     (4)  particularly describes who or what is to be seized."

 

     Section 2.  Effective date. [This act] is effective on passage and approval.

- END -

 


Latest Version of SB 26 (SB0026.ENR)
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