Maine Revised Statutes Title 16 Sec. 639 – Authority to install and monitor a tracking device
Current as of: 2023 | Check for updates
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1. Application. This subchapter only applies to tracking devices that are placed by law enforcement officers.
[PL 2019, c. 489, §3 (NEW).]
Terms Used In Maine Revised Statutes Title 16 Sec. 639
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Law enforcement officer: means any person who by virtue of public employment is vested by law with a duty to maintain public order, to prosecute offenders, to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes, or to perform probation functions or who is an adult probation supervisor. See Maine Revised Statutes Title 16 Sec. 638
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Tracking device: means an electronic or mechanical device the primary purpose of which is to track the movement of a person or object. See Maine Revised Statutes Title 16 Sec. 638
2. Installation and monitoring. A law enforcement officer may install and monitor a tracking device only in accordance with a valid search warrant issued by a duly authorized justice, judge or justice of the peace using procedures established pursuant to Title 15, section 55 or 56 or as otherwise provided in this subchapter.
[PL 2019, c. 489, §3 (NEW).]
3. Authorization of use. A court empowered to issue a search warrant or other order for the installation of a tracking device may authorize the use of that device within the jurisdiction of the court and outside that jurisdiction if the device is installed within the jurisdiction of the court.
[PL 2019, c. 489, §3 (NEW).]
4. Time period. A justice, judge or justice of the peace may issue a search warrant authorizing the installation and monitoring of a tracking device pursuant to this section. The warrant must require the installation of the tracking device within 14 days of the issuance of the warrant and allow the tracking device to be monitored for a period of 30 days following installation. A justice, judge or justice of the peace may grant an extension of the monitoring period for an additional 30 days upon a finding of continuing probable cause.
[PL 2019, c. 489, §3 (NEW).]
SECTION HISTORY
PL 2019, c. 489, §3 (NEW).