Photographers' Guide to Privacy

Montana

Montana has implicitly recognized the false light tort but has not yet recognized intrusion, private facts, or misappropriation claims.

Intrusion: The news media can become liable for violations of the Fourth Amendments provisions against unreasonable government searches and seizures if they accompany officers in the execution of search and arrest warrants and become joint actors with the officers. Berger v. Hanlon, 129 F.3d 515 (9th Cir. 1997), vacated on other grounds and remanded, 119 S.Ct. 1706 (1999). While the U.S. Supreme Court held in May 1999 that law enforcement officers who permit the news media to accompany them into a home while serving warrants violate the Fourth Amendment rights of the subjects of those warrants, it did not address whether the news media can themselves become liable for any resulting Fourth Amendment violations. See Wilson v. Layne, 119 S.Ct. 1692 (1999) and Hanlon v. Berger, 119 S.Ct. 1706 (1999).


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