Committee votes to advance change that would require known lawful occupants be given notice when search warrants are served

The Senate Judiciary Committee voted to advance Senate Bill 4-44, a bill that revises statutory language governing service of search warrants to ensure that the original warrant or a duplicate is exhibited at the place to be searched and that a “known lawful occupant” — not an incidental visitor — may be served notice.

Why it matters: Proponents, including law‑enforcement reform advocates and families of people killed during warrant service events, said the clarification aims to reduce confusion and escalation when officers execute warrants at properties where the owner is absent but a lawful occupant is present. The bill’s sponsor said the language arose from a local incident where a known occupant requested to see a warrant and was not presented one, which contributed to escalation.

Testimony and debate: Supporters included the Montana Citizens Council on Judicial Accountability and a community member who said a deputy failed to present a warrant before a confrontation that led to a death. The Capitol complex security director said similar incidents had occurred around the State Capitol and that a codified duty to exhibit a warrant would be a useful tool for safety.

Committee action and next steps: The committee placed the bill on the advance calendar after brief discussion. There were a few questions about the effect on multifamily dwellings and the definition of a “known lawful occupant.” The sponsor and proponents said the bill was not intended to expand occupants’ rights beyond existing warrant specificity requirements but only to clarify who must be shown the warrant during service.

Ending: The bill advanced out of committee. Sponsor said that if the bill reaches the floor, minor drafting clarifications could be offered.