PROBLEM:

Do special circumstances surrounding domestic abuse crimes make this adjustment necessary? Desirable?

Mont. Code Anno.,  46-6-105 (1994)

Time of making arrest

An arrest may be made at any time of the day or night, except that a person may not be arrested in the person's home or private dwelling place at night for a misdemeanor committed at some other time and place unless upon the direction of a judge endorsed upon an arrest warrant. However, a person may be arrested in the person's home or private dwelling at night if the person is being arrested . . . for the offense of domestic abuse.

W. Va. Magis. Cts. Admin., Rule 1

The on-call magistrate shall be available and responsible for receiving and acting upon applications for emergency search warrants; petitions for domestic violence protective orders; and authorization of arrests made without warrant for assault or battery in domestic violence situations.

The on-call magistrate may act from any location in response to telephonic requests for warrantless arrest authorization.

Answer

Yes.