Montana Code Annotated 2023



Part 5. Roadblocks

Establishing Temporary Roadblock -- Plan Required -- Exception

46-5-510. Establishing temporary roadblock -- plan required -- exception. (1) A written plan for establishing a temporary roadblock pursuant to 46-5-502(1)(c) must:

(a) be designed by the law enforcement agency to ensure motorist safety, minimize motorist inconvenience, and prevent the arbitrary selection of vehicles by providing a schedule for the selection of vehicles to be stopped;

(b) be approved in advance of conducting the roadblock by supervisory officers within the law enforcement agency;

(c) ensure that a temporary roadblock is minimally intrusive and does not allow for unconstrained discretion by law enforcement agents performing the roadblock; and

(d) include:

(i) the purpose of the temporary roadblock;

(ii) the location, date, and time at which the temporary roadblock will be conducted;

(iii) the pattern sequence of vehicles to be stopped;

(iv) a drawing that shows how the temporary roadblock will be established;

(v) a copy of the public service announcement to be used to advertise the temporary roadblock; and

(vi) the names of the media to be notified of the temporary roadblock.

(2) All major media outlets in the area where the temporary roadblock is to be performed must be notified at least 48 hours prior to the scheduled temporary roadblock.

(3) This section does not apply to a roadblock established by a law enforcement agency pursuant to 46-5-502(1)(a) or (1)(b).

(4) The department of justice may adopt rules to implement the provisions of this part.

History: En. Sec. 46, Ch. 800, L. 1991; amd. Sec. 2, Ch. 86, L. 2017.