Montana Warrant Search

A Montana warrant search allows interested individuals to view public information regarding individuals with active warrants in the Treasure State. Such searches may help members of the public stay informed about any legal actions or issues involving them or other parties.

Generally, anytime a warrant is issued, the information contained in the warrant is always recorded in the agency’s computer system. This makes it possible for record seekers to retrieve warrant information from the court where it was issued. Searchers may also obtain details of an outstanding warrant by contacting the local law enforcement agency tasked with its execution, such as the Missoula County Sheriff’s Department, the Billings Police Department, or the Yellowstone County Sheriff’s Office. 

Are Warrants Public Records in Montana?

Yes. Warrant records are generally categorized as public under the Montana Public Records Act. This Act permits anyone to inspect and copy warrants online or in person at any law enforcement agency during regular business hours. However, certain warrant records or information are deemed confidential in Montana. Examples of confidential warrants are:

• Juvenile arrest warrants
• Search warrants are confidential until they are served

Additionally, applications and orders for arrest and search warrants, and all information filed with the court to secure such warrants, are confidential until the warrant is executed and returned.

Types of Warrants in Montana

Montana courts issue different types of warrants to law enforcement officers. Common options include arrest, search, bench, and fugitive warrants:

• Arrest warrant (MCA § 46-1-202): This refers to a written order from a court directed to a peace officer ordering the arrest of a person believed to have committed a crime.
• Search warrant: This is an order in writing signed by a judge and directed to a peace officer, ordering the officer to search a place, object, or person and seize evidence, contraband, or persons.
• Bench warrant: The judge issues this type of warrant when a defendant fails to appear at a scheduled court date.
• Fugitive warrant: This legal document allows peace officers to arrest a person who has run away to another state to avoid punishment.

What is a Search Warrant in Montana?

A search warrant is an official document issued by a Montana judge that authorizes a law enforcement officer to search a property, person, or location. Per MCA § 46-5-220, only peace officers, the city or county attorneys, or the attorney general may apply for a search warrant in Montana. Search warrants are typically issued by a local court judge, a justice of the peace within the judge's geographical jurisdiction, or a district court judge within the state. A judge will issue a search warrant when the application is made electronically, in writing, or by telephone under oath or affirmation.

The warrant application must state sufficient facts to support probable cause to believe that a crime has been committed or evidence, contraband, or persons connected with the offense may be found. It must also particularly describe the place, object, or persons to be searched and who or what is to be seized (MCA § 46-5-221). Per MCA § 46-5-223, a search warrant is usually directed to a specific peace officer, commanding them to search for and seize the evidence, contraband, or person designated in the warrant. A warrant is issued to search for and seize any contraband, evidence like blood samples, or a person for a warrant of arrest issued or who is unlawfully restrained (MCA §46-5-224).

According to MCA § 46-5-225, a search warrant may be served at any time of the day or night within a stipulated timeframe. Any search warrant not served within the designated time will be considered void and must be returned to the court or issuing judge. Only the peace officer specifically named in the search warrant may serve a search warrant in Montana (MCA § 46-5-226). A peace officer serves a search warrant by exhibiting the original warrant or a duplicate original warrant at the place or to the person to be searched (MCA § 46-5-227). Per MCA § 46-5-228,

Peace officers are allowed to use all necessary and reasonable force to serve a search warrant or to gain entry into any building, property, or object for this purpose. However, any restraint or detention of the person being served must be done in the least restrictive way that ensures the safety of the peace officer.

How Long Does It Take to Get a Search Warrant?

Montana judges may immediately issue search warrants when a warrant application is received and it meets the requirements contained in MCA § 46-5-221. Peace officers may save a lot of time if they make warrant applications by telephone or electronically in compliance with the MCA § 46-5-222.

What is an Arrest Warrant in Montana?

Per MCA § 46-6-201, an arrest warrant is issued in Montana upon a complaint. The court will issue the warrant if it appears from the information in the complaint and the examination of the complainant, other witnesses, or affidavits that there is probable cause to believe that the person against whom the complaint was made has committed an offense. Per MCA § 46-6-210, a peace officer may arrest an individual when the officer has a warrant commanding the arrest of the person or when the officer believes on reasonable grounds that:

• A judge has issued a warrant for the person's arrest in Montana or
• A judge has issued a felony warrant for the person's arrest in another jurisdiction.

According to MCA § 46-6-214, an arrest warrant must be in writing in the name of the state. It must also specify 

• The nature of the offense
• The date it was issued
• The bail amount, if known
• The subject’s name (or any identifiable description of the person if the name is unknown

Warrants are also typically signed by the judge with the title of office noted. A judge may direct an arrest warrant to all peace officers in Montana. 

Executing a Montana Arrest Warrant 

An arrest warrant may only be executed by a peace officer in any county of the state (MCA § 46-6-215). A peace officer executing a warrant must inform the accused of the officer's authority, the intention to arrest that person, the cause of the arrest, and the fact that a warrant has been issued for the person's arrest. The office might not do this if the suspect flees or forcibly resists before the information can be given or when the giving of the information will imperil the arrest. It is not mandatory for the peace officer to have the warrant at the time of the arrest, but the suspect must be shown the warrant after the arrest (MCA § 46-6-216).

Arrest Warrant Lookup in Montana

Individuals may perform an arrest warrant lookup within Montana at the law enforcement agency office in the city or county where the warrant was issued. Most agencies provide arrest warrant records online, by phone, by email, or in person. Requests for arrest warrants may be made at the following agencies:

• Municipal Courts: Individuals may get arrest warrants online, by phone, or in person at any Municipal Court in Montana. For example, the Helena Municipal Court publishes the Arrest Warrant List online and accepts arrest warrant requests in person during business hours (Monday to Friday, 8 a.m. to 4 p.m.). The Missoula Municipal Court accepts arrest warrant requests by phone at (406) 552-6180.
• Justice Courts: Requests for arrest warrants may be made online, by email, or in person at any Justice Court in Montana. For example, Yellowstone County Justice Court issues arrest warrants via email at JCcrimclerks@yellowstonecountymt.gov, while the Sweet Grass County Justice Court publishes a Warrant List on its website.
• District Courts: Arrest warrants may be retrieved from District Courts in Montana by phone or email. For example, the Yellowstone County District Court issues arrest warrants by phone at (406) 256-2851 or by email at DC-Questions@yellowstonecountymt.gov.
• City Courts: Most City Courts issue arrest warrants online and in person during normal business hours. For example, individuals may find arrest warrants in Butte-Silver Bow City Court by clicking the Active Warrants and Warrant Information link on the website.
• Police Departments: Most police departments in Montana offer arrest warrants by phone and in person. For example, the Billings Police Department provides arrest warrant information by phone at (406) 657-8460. In-person requests may be made from Monday to Friday, 8:00 am - 6:00 pm,and  Saturday, 10:00 am - 12:00 noon. The record staff will require a name or warrant number to process the requests. Typically, no fee is required to view warrant information, but copies of records attract a small fee.
• Sheriff’s Offices: Individuals may find arrest warrants online, by email, by phone, or in person at the Sheriff’s Office in the county where the warrant was issued. For example, current arrest warrants are published on the Gallatin County Sheriff’s Office website. Individuals may also call the Office at (406) 582-2100 or send an email to support_services@gallatin.mt.gov to retrieve warrant information.

How to Find Out If You Have a Warrant in Montana

Record seekers may find out if they have bench warrants in Montana by contacting the court where the warrant was issued. Most Municipal, Justice, District, and City Courts provide arrest warrants to members of the public online, by phone, email, or in person at the courthouse. 

Some Courts usually publish warrant lists, while others have designated numbers, emails, and physical addresses on their websites for warrant queries. For example, the Whitefish Municipal Court releases warrant information online, by phone at (406) 863-2440, and in person from Monday through Friday, 9:00 a.m. - 4:00 p.m. In-person requesters must provide a name or warrant number to process their warrant requests.

Inquirers interested in finding out if they have arrest warrants may query Local Police Departments and County Sheriff's Offices. These agencies attend to arrest warrant requests online, by phone, or in person during regular business hours. For example, the Flathead County Sheriff’s Office has a Warrant List where requesters may view warrant information electronically, while the Kalispell Police Department provides warrant information on its Most Wanted page.

Free Warrant Search in Montana

Most Municipal, Justice, District, and City Courts in Montana publish warrant information on their websites, while some have designated numbers or emails that may be contacted for warrant inquiries. This information is available to members of the public at no cost. For example, Stevensville City Court and Valley County Justice Court have warrant lists that may be viewed by the public at no cost, while Great Falls Municipal Court accepts warrant requests by phone at (406) 771-1380.

Interested persons may also conduct free warrant searches on the Montana Judicial Branch’s website. Here is how to do this:

• Upon getting to the website, scroll down and click the Public Access Portal (s) link.
• Click the District Courts or Limited Jurisdiction Courts Public Access Portal links.
• Perform a search on a court-by-court basis by choosing a court from the dropdown.
• Click the login button at the bottom of the page.
• Click the “Searches” menu at the top bar to conduct a search by party.
• Click the “Cases” menu at the top bar to conduct a search by case.
• After conducting a search, click the “History Tab” at the top menu to check for warrant information for free.

Other law enforcement agencies in Montana, such as Police Departments and County Sheriff’s Offices, also offer free warrant searches. For example, the Rosebud County Sheriff’s Office has a Warrants List where individuals may view warrant information without charges. The Belgrade Police Department’s Warrants List is also available for public perusal. After clicking the link, click the “Report Title” search box and select Belgrade Police Warrants List from the dropdown. Select a Report Date from the dropdown and click the Search button. Alternatively, go to the More menu at the top bar and select “Warrant” from the dropdown. Conduct a search by name and click on the Search button.

How Long Can Police Hold My Phone Without a Warrant in Montana?

Per Section 11 of the Montana Constitution and the Fourth Amendment, police officers require a warrant to seize and search cell phones in Montana. Cell phone search warrants are issued by Montana courts under probable cause, supported by a written oath. Typically, they describe the desired information and remain valid for ten (10) days. After this ten-day period, search warrants become void, and execution of a related cell phone search becomes unconstitutional. In such cases, you can challenge the unconstitutional search and file for suppression of obtained information through your lawyer.

Although warrants are required for legal cell phone searches, the Montana Constitution permits warrantless searches in some situations, like:

• Emergency situations where there is a threat to safety or a high risk of evidence being destroyed.
• Situations where the owner consents to a cell phone search.

How to Find Out If Someone Has A Warrant Online

Most law enforcement agencies in Montana have online platforms where individuals may check if someone has an active warrant in the state. The easiest way to do this is to visit the official website of the court, police department, or sheriff’s office in the city or county where the warrant was issued. Some agencies, like the Glendive City Court, have a warrant page on their website. Others, like the Broadwater County Sheriff's Office, have a Most Wanted page on their website or on their social media pages where individuals may see warrant information online. Some agencies, like the Fergus County Sheriff/Coroner's Office, have warrant information included in their inmate rosters. Typically, an online warrant search will return the following information: name, aliases, charge, bond, sex, age, date of birth, issuing date, charges, court, description, mugshot, height, weight, hair and eye color, warrant number, and last known location.

Anyone whose name appears on a warrant list published by a law enforcement agency may clear the warrant by contacting the agency by phone, email, or in person during business hours.

How Long Do Warrants Last in Montana?

Most warrants, such as arrest and bench warrants, do not have expiration dates. Instead, these warrants remain active until they are served, quashed, or the subject of the warrant dies. However, search warrants do not last forever. According to MCA § 46-5-225, an executing peace officer must serve a search warrant within ten (10) days of its issuance date. Any search warrant not served within ten (10) days is void and must be returned to the court or the issuing judge and identified as "not served".