Maine Revised Statutes Title 30-A Sec. 405 – Optional arrest powers
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1. Optional powers.
[PL 2003, c. 233, §1 (RP).]
Terms Used In Maine Revised Statutes Title 30-A Sec. 405
- Arrest: Taking physical custody of a person by lawful authority.
- Deputy: means either a full-time or part-time county law enforcement officer appointed under section 381. See Maine Revised Statutes Title 30-A Sec. 351
- 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.
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
1-A. Optional powers. The county commissioners may authorize a county’s sheriff and certified full-time deputy sheriffs who have met the requirements of Title 25, section 2804-C to perform any of the acts described in Title 17-A, section 15 while outside the jurisdiction in which they are appointed if, when possible, the law enforcement agency of a foreign municipality in which the arrest is to be made is notified in advance or, when not possible, the law enforcement agency of the foreign municipality in which the arrest has been made is notified immediately after the arrest.
[PL 2003, c. 233, §2 (NEW).]
2. Liability. When a county sheriff or deputy sheriff makes an arrest, as authorized in subsection 1-A, outside of jurisdictional limits of the county in which the sheriff or deputy sheriff is appointed, that sheriff or deputy sheriff has the same immunity from tort liability and all of the pension, relief, disability, worker’s compensation, insurance and any other benefits the sheriff or deputy sheriff enjoys while performing duties within the sheriff or deputy sheriff’s appointing county.
[PL 2003, c. 233, §3 (AMD).]
SECTION HISTORY
PL 1993, c. 594, §1 (NEW). PL 2003, c. 233, §§1-3 (AMD).