Recording Laws
All-Party Consent Required
Montana is an all-party consent state. All parties must consent to recording private conversations.
Statute: Mont. Code § 45-8-213
Can Record Police: Yes (in public)
Penalties: Fine up to $10,000 and/or up to 5 years imprisonment
Stop and Identify
ID Required When Detained
When lawfully detained; must state name if requested
What you must provide:
- - Name
Penalty for refusal: Fine up to $500
Statute: Mont. Code § 46-5-401
Immigration Policy
Anti-Sanctuary State
Montana bans sanctuary policies.
ICE Cooperation: Full Cooperation
State Resources
State Bar Association
https://www.montanabar.org/Legal Aid
https://www.montanalawhelp.org/Remember in Montana
- ✓ You always have the right to remain silent
- ✓ You can record police in public spaces
- ✓ You do not have to consent to a search
- ✓ If arrested, say "I want a lawyer"
- ! In Montana, you must identify yourself when lawfully detained
- ! Montana is an all-party consent state for recording private conversations