Being Stopped by Police
MCA 46-5-401 — a stop on particularized suspicion, a name and an explanation asked, and a frisk only for weapons
A peace officer may stop a person or vehicle observed in circumstances that create a particularized suspicion that the person has committed, is committing or is about to commit an offense. For a traffic stop, the officer tells the person the reason as promptly as possible, unless there is an emergency or a reason to fear for safety.
Who handles this in Montana: State Bar of Montana, Licensed Lawyer Montana; and legal aid programs and the state offices, listed in the Montana directory.
- The officer may request the person's name, present address and an explanation of the person's actions.
- A driver may be asked for the license, the vehicle's registration and proof of insurance.
- The officer may frisk the person only with reasonable cause to suspect the person is armed and presently dangerous.
A stop may not last longer than is necessary to effectuate its purpose.
The phone. Showing an electronic license on a phone, or handing the phone to an officer, is not consent to a search of it. Government may not get the stored data of a phone without a warrant, apart from consent, an emergency and the other exceptions the law lists, and evidence taken in violation is not admissible.
Sources for this section (4)
- MCA 46-5-401 — Investigative stop and frisk
- MCA 46-5-403 — Duration of stop
- MCA 46-5-114 — Displaying electronic license
- MCA 46-5-112 — Electronic data privacy -- warrant required -- exceptions -- admissibility
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.