Montana Code Annotated 2021



Part 11. Procedure for Arrests

Duty Of Patrol Officer Upon Making Arrest

44-1-1101. Duty of patrol officer upon making arrest. Upon making an arrest, a patrol officer shall:

(1) deliver the offender to the nearest justice of the peace during office hours or to the county jail;

(2) give the offender a summons describing the nature of the offense with instructions for the offender to report to the nearest justice of the peace; or

(3) (a) accept bail determined pursuant to Title 46, chapter 9, part 3; or

(b) with the offender's permission, accept the offender's driver's license in lieu of bail if the summons describes a violation of any offense in Title 61, chapters 3 through 10, except chapter 8, part 4, and if the offender is the holder of an unexpired driver's license.

History: En. Sec. 12, Ch. 199, L. 1943; R.C.M. 1947, 31-112(part); amd. Sec. 14, Ch. 7, L. 1979; amd. Sec. 1, Ch. 217, L. 1989; amd. Sec. 1, Ch. 465, L. 2003.