§15. Warrantless arrests by a law enforcement officer
824 words·~4 min read·
/me/title-17-a-maine-criminal-code/chapter-1-preliminary/15·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. Except as otherwise specifically provided, a law enforcement officer may arrest without a warrant:
A. Any person who the officer has probable cause to believe has committed or is committing:
(1)Murder;
(2)Any Class A, Class B or Class C crime;
(3)Assault while hunting;
(4)Any offense defined in chapter 45 ;
(5)Assault, criminal threatening, terrorizing or stalking, if the officer reasonably believes that the person may cause injury to others unless immediately arrested;
(5-A) Assault, criminal threatening, terrorizing, stalking, criminal mischief, obstructing the report of a crime or injury or reckless conduct if the officer reasonably believes that the person and the victim are family or household members, as defined in Title 19‑A, section 4102, subsection 6 or dating partners as defined in Title 19‑A, section 4102, subsection 4 ;
(5-B) Domestic violence assault, domestic violence criminal threatening, domestic violence terrorizing, domestic violence stalking or domestic violence reckless conduct;
(6)Theft as defined in section 357 , when the value of the services is $1,000 or less if the officer reasonably believes that the person will not be apprehended unless immediately arrested;
(7)Forgery, if the officer reasonably believes that the person will not be apprehended unless immediately arrested;
(8)Negotiating a worthless instrument if the officer reasonably believes that the person will not be apprehended unless immediately arrested;
(9)A violation of a condition of probation when requested by a probation officer or juvenile community corrections officer;
(10)Violation of a condition of release in violation of Title 15, section 1026, subsection 3 ; Title 15, section 1027, subsection 3 ; Title 15, section 1051, subsection 2 ; and Title 15, section 1092 ;
(11)Theft involving a detention under Title 17, section 3521 ;
(12)Harassment, as set forth in section 506‑A ;
(13)Violation of a protection order, as specified in Title 5, section 4659, subsection 2 ; Title 15, section 321, subsection 6 ; former Title 19, section 769, subsection 2; former Title 19, section 770, subsection 5; Title 19‑A , former section 4011, subsection 3; Title 19‑A , former section 4012, subsection 5; Title 19‑A, section 4113, subsection 3 ; and Title 19‑A, section 4114, subsection 5 ;
(14)A violation of a sex offender registration provision under Title 34‑A, chapter 15 ;
(15)A violation of a requirement of administrative release when requested by the attorney for the State;
(16)A violation of a condition of supervised release for sex offenders when requested by a probation officer;
(17)A violation of a court-imposed deferment requirement of a deferred disposition when requested by the attorney for the State;
(18)A violation of a condition of release as provided in Title 15, section 3203‑A, subsection 9 ;
(19)A violation of a condition of supervised community confinement granted pursuant to Title 34‑A, section 3036‑A when requested by a probation officer;
(20)A violation of a condition of placement on community reintegration status granted pursuant to Title 34‑A, section 3810 and former section 4112 when requested by a juvenile community corrections officer;
(21)A violation of a condition of furlough or other rehabilitative program authorized under Title 34‑A, section 3035 when requested by a probation officer or juvenile community corrections officer;
(22)A violation of preconviction or post-conviction bail pursuant to Title 15, section 1095, subsection 2 or section 1098, subsection 2 upon request of the attorney for the State;
(23)Failure to appear in violation of Title 15, section 1091, subsection 1, paragraph A ;
(24)A Class D or Class E crime committed while released on preconviction or post-conviction bail;
(25)A violation of a condition of release from a community confinement monitoring program pursuant to Title 30-A, section 1659‑A ; or
(26)A violation of an extreme risk protection order issued pursuant to Title 25, section 2244, subsection 3 or an emergency extreme risk protection order pursuant to Title 25, section 2245, subsection 2 ; and [IB 2025, c. 1, §§3-5 (AMD).]
B. Any person who has committed or is committing in the officer's presence any Class D or Class E crime. [PL 1995, c. 680, §3 (RPR).]
[IB 2025, c. 1, §§3-5 (AMD).]
2. For the purposes of subsection 1, paragraph B , criminal conduct has been committed or is being committed in the presence of a law enforcement officer when one or more of the officer's senses afford that officer personal knowledge of facts that are sufficient to warrant a prudent and cautious law enforcement officer's belief that a Class D or Class E crime is being or has just been committed and that the person arrested has committed or is committing that Class D or Class E crime. An arrest made pursuant to subsection 1, paragraph B must be made at the time of the commission of the criminal conduct, or some part thereof, or within a reasonable time thereafter or upon fresh pursuit.
[PL 1995, c. 680, §3 (RPR).]