Maine Revised Statutes Title 15 Sec. 3201 – Warrantless arrests
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1. Warrantless arrests. Arrests without warrants of juveniles for juvenile crimes defined by section 3103, subsection 1, paragraphs A, E, F, G and H by law enforcement officers or private persons must be made pursuant to the provisions of Title 17?A, sections 15 and 16. For purposes of this section, a juvenile crime defined under section 3103, subsection 1, paragraph H is deemed a Class D or Class E crime. A law enforcement officer or private person may not arrest a juvenile for a juvenile crime defined by section 3103, subsection 1, paragraph B or C.
[PL 2009, c. 93, §4 (AMD).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 15 Sec. 3201
- Adult: means a person 18 years of age or over. See Maine Revised Statutes Title 15 Sec. 3003
- Arrest: Taking physical custody of a person by lawful authority.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Juvenile: means a person who had not attained 18 years of age at the time the person allegedly committed a juvenile crime. See Maine Revised Statutes Title 15 Sec. 3003
- Juvenile crime: has the meaning set forth in section 3103. See Maine Revised Statutes Title 15 Sec. 3003
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
2. Contact police or sheriff. Any private person who makes an arrest without a warrant pursuant to this section shall immediately contact the police or sheriff’s department whose responsibility it shall be to immediately take charge of the juvenile.
[PL 1977, c. 520, §1 (NEW).]
3. Enforcement of other juvenile crimes. A law enforcement officer who has probable cause to believe that a juvenile crime, as defined by section 3103, subsection 1, paragraph B or C has been committed may request that the juvenile provide the officer with reasonably credible evidence of the juvenile’s name, address and date of birth. The evidence may consist of oral representations by the juvenile. If the juvenile furnishes the officer with evidence of the juvenile’s name, address and date of birth and the evidence does not appear to be reasonably credible, the officer shall attempt to verify the evidence as quickly as is reasonably possible. During the period the verification is being attempted, the officer may require the juvenile to remain present for a period not to exceed 2 hours. The officer may not arrest the juvenile for the juvenile crime defined by section 3103, subsection 1, paragraph B or C.
After informing the juvenile of the provisions of this subsection, the officer may arrest the juvenile for conduct that, if committed by an adult, would be considered criminal as described in Title 17?A, section 17, subsection 2 if the juvenile intentionally refuses to furnish any evidence of the juvenile’s correct name, address or date of birth, or if, after attempting to verify the evidence as provided for in this subsection, the officer has probable cause to believe that the juvenile has intentionally failed to provide reasonably credible evidence of the juvenile’s name, address or date of birth.
[PL 2005, c. 328, §7 (AMD).]
SECTION HISTORY
PL 1977, c. 520, §1 (NEW). PL 1979, c. 681, §§7,8 (AMD). PL 1987, c. 277, §2 (AMD). PL 1989, c. 445, §4 (AMD). PL 1995, c. 470, §6 (AMD). PL 2003, c. 305, §4 (AMD). PL 2005, c. 328, §§6,7 (AMD). PL 2009, c. 93, §4 (AMD).