Grounded in real case law, specific to Montana — not generic federal rules. Know before you roll down the window.
You have the right to remain silent. Anything you say can and will be used against you in court.
You do not have to consent to a vehicle search without a warrant.
You must provide your license and registration — but not explanations.
Before you drive away, you have the right to ask one clarifying question.
Live access to these scripts with a recording timer and legal context — right on your phone.
Open Stop ModeMontana follows federal consent-search doctrine. Officers may request consent to search your vehicle; you may refuse. Article II, Section 11 of the Montana Constitution provides an independent right of privacy that courts have interpreted to require a higher showing than the federal 4th Amendment in some contexts. A clear verbal refusal — "I do not consent" — must be honored.
Montana is a one-party consent state. You may record any conversation you are a party to. Recording police activity in public is protected under the First Amendment.
Montana does not impose a general stop-and-ID obligation like Nevada is NRS 171.123. There is no statutory duty to verbally state your name during a Terry stop absent reasonable suspicion that you committed a crime. Your driver is duty under Mont. Code Ann. § 61-5-102 is limited to carrying and displaying your license on demand — that is a licensing-duty requirement, not a stop-and-ID requirement.
Passengers have no duty to identify themselves in Montana during a routine traffic stop.
These rights also apply nationwide — the 5 SCOTUS rulings below back every POP phrase, regardless of which state you drive in.
The Supreme Court held that a warrantless search of a vehicle is valid when officers have probable cause to believe the vehicle contains contraband or evidence of a crime. This is the "automobile…
Read the case →The Supreme Court held that the Fourth Amendment's exclusionary rule applies to the states — evidence obtained by an unreasonable search or seizure is inadmissible in any criminal proceeding, whether…
Read the case →The Supreme Court held that statements made during custodial interrogation are admissible only if the suspect was first informed of the right to remain silent and the right to counsel, and knowingly…
Read the case →The Supreme Court held that the Fourth Amendment protects people, not places, and established the reasonable-expectation-of-privacy test. Activities in public — including police activity you can see…
Read the case →The Supreme Court held that a police officer may stop and briefly detain a person if the officer has a reasonable, articulable suspicion that the person is involved in criminal activity. In practice,…
Read the case →The Supreme Court held that a search incident to a lawful arrest is limited to the person of the arrestee and the area within their immediate control — the space from which they could grab a weapon…
Read the case →The Supreme Court held that consent to search must be "voluntary" under the totality of the circumstances — but it does not have to be knowing (the officer does not have to tell you that you can…
Read the case →The Supreme Court held that once a vehicle has been lawfully stopped, the officer may order the driver to step out of the vehicle without any additional suspicion. Compliance with that order is…
Read the case →The Supreme Court held that a routine traffic stop is not custodial interrogation for Miranda purposes. Officers are not required to give a Miranda warning during a stop, which means the silence you…
Read the case →The Supreme Court held that an officer's subjective motivations are irrelevant to the constitutionality of a traffic stop, so long as the stop is objectively supported by probable cause. A pretext…
Read the case →The Supreme Court held that police may arrest a person for any criminal offense — including a minor misdemeanor carrying no jail time — as long as the arrest is supported by probable cause. The…
Read the case →The Supreme Court reaffirmed that a Terry frisk is limited in scope to a pat-down for weapons, justified by a reasonable, articulable suspicion that the person is armed and dangerous. The frisk is…
Read the case →The Supreme Court held that a prosecutor may use a suspect's pre-arrest silence against them unless the suspect explicitly invokes the Fifth Amendment right to remain silent. Silence alone is not an…
Read the case →The Supreme Court held that an officer's mistake of law — about whether a traffic statute actually covers the conduct observed — can still supply the reasonable suspicion or probable cause needed for…
Read the case →The Supreme Court held that an officer may not extend a traffic stop beyond the time reasonably required to address the original traffic violation. Investigative detours — waiting on a K-9 unit,…
Read the case →