1-13-1: DEFINITIONS:
As used in this chapter, unless the context requires otherwise, the following definitions apply:
ARREST: Taking a person into custody in the manner authorized by law.
AUXILIARY OFFICER: An unsworn, part time, volunteer member of a law enforcement agency who may perform, but is not limited to, the performance of such functions as civil defense, search and rescue, office duties, crowd and traffic control, and crime prevention activities.
CHARGE: A written statement that accuses a person of the commission of an offense, that is presented to a court, and that is contained in a complaint, information, or indictment.
GENERAL LAW ENFORCEMENT DUTIES: Patrol operations performed for detection, prevention, and suppression of crime and the enforcement of criminal and traffic codes of this state and its local governments.
LAW ENFORCEMENT AGENCY: A law enforcement service provided directly by a local government.
LAW ENFORCEMENT OFFICER: A sworn, full time, employed member of a law enforcement agency who is a peace officer, as defined in Montana Code Annotated 46-1-202, and has arrest authority, as described in Montana Code Annotated 46-6-210. The term peace officer and law enforcement officer are considered the same.
MCA: The Montana Code Annotated.
NOTICE TO APPEAR: A written direction that is issued by a peace officer and that requests a person to appear before a court at a stated time and place to answer a charge for the alleged commission of an offense.
OFFENSE: A violation of any penal statute of this state or any ordinance of its political subdivisions. Also includes a violation of the provisions of title 49 of the United States Code and regulations that have been adopted under title 49 regarding motor carrier enforcement.
PEACE OFFICER: Any person who by virtue of the person's office or public employment is vested by law with a duty to maintain public order and make arrests for offenses while acting within the scope of the person's authority. Also includes the term "public safety officer".
RESERVE OFFICER: A sworn, part time, volunteer member of a law enforcement agency who is a peace officer, as defined in Montana Code Annotated 46-1-202, and has arrest authority, as described in Montana Code Annotated 46-6-210, only when authorized to perform these functions as a representative of the law enforcement agency. (Ord. 137, 12-8-2011)