# Mont. Code Ann. § 44-15-106: 44-15-106 Use of facial recognition technology by law enforcement -- when permitted -- restrictions on use -- warrant required > Montana · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T44_C15_P1_S44-15-106 ## Section - **Citation:** Mont. Code Ann. § 44-15-106 - **Heading:** 44-15-106 Use of facial recognition technology by law enforcement -- when permitted -- restrictions on use -- warrant required - **Jurisdiction:** Montana - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** MT Code / Title 44 / Chapter 15 / Part 1 / Section 44-15-106 ## Text 44-15-106 . Use of facial recognition technology by law enforcement -- when permitted -- restrictions on use -- warrant required. (1) The department of justice and local law enforcement agencies are authorized to use facial recognition technology for criminal investigations. (2) The department of justice or a local law enforcement agency may perform a search using facial recognition technology and may obtain, retain, possess, access, or use the results of a search using facial recognition technology, as provided in subsection (3), for the purpose of: (a) investigating a serious crime when there is probable cause to believe that an unidentified individual in an image has committed, is a victim of, or is a witness to a serious crime; (b) assisting in the location or identification of a missing or endangered person; or (c) assisting in the identification of a person who is deceased or believed to be deceased. (3) Except as provided in subsection (5), a law enforcement agency shall obtain a warrant prior to performing a search using facial recognition technology under subsection (2). (4) A law enforcement agency shall obtain a court order authorizing the use of facial recognition technology for the sole purpose of locating or identifying a missing person or identifying a deceased person under subsections (2)(b) and (2)(c). A court may issue an ex parte order under this subsection if a law enforcement agency certifies and the court finds that the information to be obtained is likely relevant to locating or identifying a missing person or identifying a deceased person. (5) (a) A law enforcement agency may perform a search under subsection (2) using facial recognition technology prior to the issuance of a warrant if there is an emergency posing an imminent threat to a person. If an emergency exists under this subsection (5)(a), the law enforcement agency shall obtain a warrant within 24 hours of the search. (b) The use of facial recognition technology must terminate immediately if the application for a warrant under subsection (5)(a) is denied. (6) A law enforcement agency may not use the results of facial recognition technology as the sole basis to establish probable cause in a criminal investigation. The results of the use of facial recognition technology may be used in conjunction with other information and evidence lawfully obtained by a law enforcement officer to establish probable cause in a criminal investigation. (7) A law enforcement agency may not use facial recognition technology to identify an individual based on a sketch or other manually produced image. (8) A law enforcement agency may not substantively manipulate an image for use with facial recognition technology in a manner not consistent with the facial recognition technology provider's intended use and training. (9) When using facial recognition for identification of an individual, the department or local law enforcement shall employ meaningful human review prior to making an adverse final decision. ## Nearby sections - [Mont. Code Ann. § 44-15-101 44-15-101 Short title](https://www.frixlaw.com/law-library/statutes/STATE_MT_T44_C15_P1_S44-15-101.md) - [Mont. Code Ann. § 44-15-102 44-15-102 Purpose](https://www.frixlaw.com/law-library/statutes/STATE_MT_T44_C15_P1_S44-15-102.md) - [Mont. Code Ann. § 44-15-103 44-15-103 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T44_C15_P1_S44-15-103.md) - [Mont. Code Ann. § 44-15-104 44-15-104 Prohibition of continuous facial surveillance](https://www.frixlaw.com/law-library/statutes/STATE_MT_T44_C15_P1_S44-15-104.md) - [Mont. Code Ann. § 44-15-105 44-15-105 Prohibition of facial recognition technology](https://www.frixlaw.com/law-library/statutes/STATE_MT_T44_C15_P1_S44-15-105.md) - [Mont. Code Ann. § 44-15-106 44-15-106 Use of facial recognition technology by law enforcement -- when permitted -- restrictions on use -- warrant required](https://www.frixlaw.com/law-library/statutes/STATE_MT_T44_C15_P1_S44-15-106.md) - [Mont. Code Ann. § 44-15-107 44-15-107 Disclosure to criminal defendants](https://www.frixlaw.com/law-library/statutes/STATE_MT_T44_C15_P1_S44-15-107.md) - [Mont. Code Ann. § 44-15-108 44-15-108 Use of facial recognition technology by state and local government agencies -- when permitted -- restrictions on use -- exemption](https://www.frixlaw.com/law-library/statutes/STATE_MT_T44_C15_P1_S44-15-108.md) - [Mont. Code Ann. § 44-15-109 44-15-109 Notice requirement -- policy and retention requirements for third-party vendors](https://www.frixlaw.com/law-library/statutes/STATE_MT_T44_C15_P1_S44-15-109.md) - [Mont. Code Ann. § 44-15-110 44-15-110 Meaningful human review -- policy](https://www.frixlaw.com/law-library/statutes/STATE_MT_T44_C15_P1_S44-15-110.md) - [Mont. Code Ann. § 44-15-111 44-15-111 Audit -- reporting](https://www.frixlaw.com/law-library/statutes/STATE_MT_T44_C15_P1_S44-15-111.md) - [Mont. Code Ann. § 44-15-112 44-15-112 Penalty](https://www.frixlaw.com/law-library/statutes/STATE_MT_T44_C15_P1_S44-15-112.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T44_C15_P1_S44-15-106. Check the current official text before relying on it. Not legal advice.