Montana Code Annotated 2021

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 6. ARREST

Part 5. Arrest by a Private Person

Arrest By Private Person

46-6-502. Arrest by private person. (1) A private person may arrest another when there is probable cause to believe that the person is committing or has committed an offense and the existing circumstances require the person's immediate arrest. The private person may use reasonable force to detain the arrested person.

(2) A private person making an arrest shall immediately notify the nearest available law enforcement agency or peace officer and give custody of the person arrested to the officer or agency.

History: En. 95-611 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 3, Ch. 274, L. 1974; R.C.M. 1947, 95-611(part); amd. Sec. 40, Ch. 800, L. 1991; amd. Sec. 8, Ch. 332, L. 2009.