M.R.U. Crim. P. 4

(a) Definitions. For purposes of this Rule the following definitions

apply:

(1) “Clerk” means a clerk or deputy clerk of the Unified Criminal Docket.

(2) “Electronic Arrest Warrant” means an arrest warrant, including a

bench warrant, issued pursuant to statute and this Rule that exists in electronic

form and is entered into, maintained, managed, enforced, executed or recalled

under the statewide warrant management system pursuant to 15 M.R.S. § 653

and this Rule.

(3) “Paper Arrest Warrant” means an arrest warrant issued pursuant to

statute and this Rule that exists in paper form rather than in electronic form

because it is excluded from the statewide warrant management system

pursuant to 15 M.R.S. § 652, or because it is not yet in electronic form due to it

being issued by a justice of the peace, issued by any judicial officer outside of

the business hours of the court, or due to the temporary unavailability of the

statewide warrant management system or other exigent circumstance

pursuant to 15 M.R.S. § 654(1).

(b) Grounds for Issuance of Arrest Warrant or Summons.

(1) Indictment. An indictment is grounds for issuance of an arrest

warrant or summons for the defendant named in the indictment.

(2) Probable Cause. Probable cause to believe that a crime has been

committed and that the defendant committed it is grounds for an arrest

warrant or summons for the defendant. Probable cause shall appear from the

information or complaint or from an affidavit or affidavits sworn to before the

court or other officer empowered to issue process against persons charged

with crimes against the State and filed with the information or complaint.

(3) Bench Warrant. A bench warrant may issue for a failure to appear

or for contempt or as provided by statute.

(c) Who May Issue Arrest Warrant or Summons.

(1) Indictment. A clerk shall issue an arrest warrant or summons for the

defendant named in the indictment when so directed by the court or so

requested by the attorney for the State.

(2) Probable Cause. The court or, when duly authorized to do so, a

justice of the peace or clerk may issue an arrest warrant or summons based on

probable cause, as determined pursuant to subdivision (b)(2).

(3) Bench Warrant. The court may authorize the issuance of a bench

warrant physically or electronically. A clerk shall authorize the issuance of a

bench warrant physically or electronically when so directed by the court,

except in cases of contempt.

(d) Content of Arrest Warrant or Summons.

(1) Warrant. The arrest warrant shall bear the caption of the court or

division of the court from which it issues. It shall contain an electronic

signature of the court, or clerk issuing the arrest warrant electronically, or

contain a physical signature by the court or other person authorized to issue

arrest warrants in the event the arrest warrant issued is a paper warrant. It

shall contain the name of the defendant or, if the defendant’s name is unknown,

any name or description by which the defendant can be identified with

reasonable certainty. The arrest warrant shall contain available information

concerning the identity and location of the defendant, including, but not limited

to, photographs of the defendant, the defendant’s last known address identified

by town, county and geographic codes, the defendant’s date of birth, and any

distinguishing physical characteristics that will aid in the location of the

defendant and the execution of the warrant. It shall describe the crime

charged and indicate when applicable that it is a crime involving domestic

violence. It shall command that the defendant be arrested and brought

before the court. The amount of bail may be fixed by the court and physically

or electronically endorsed on the warrant.

(2) Summons. The summons shall be in the same form as the arrest

warrant except that it shall summon the defendant to appear before the court

at a stated time and place.

(e) Arrest Warrant Request Made by Applicant Outside the Presence

of the Court or Justice of the Peace.

(1) In General. The court or justice of the peace may, upon request of

the applicant, allow an arrest warrant request to be made outside the presence

of the court or justice of the peace if the court or justice of the peace determines

it to be a reasonable request under the circumstances.

(2) Procedures to be Applied. If the court or justice of the peace allows

the applicant to make the arrest warrant request outside the presence of the

court or justice of the peace the following procedures apply:

(A) The request must be in the form of a written affidavit transmitted by

reliable electronic means to the court or justice of the peace. The

contents of the affidavit must conform to Rule 4(d). The applicant, by

telephone or other reliable electronic means, must attest to its contents,

and the court or justice of the peace must acknowledge the attestation in

writing on the affidavit. Before ruling on the request, the court or

justice of the peace may hear evidence under oath or affirmation by

telephone or other reliable means that shall be taken down by a court

reporter or recording equipment, or otherwise recorded in a manner that

is capable of producing a record adequate for purposes of review.

(B) In addition to the written affidavit the applicant shall provide a

charging instrument and transmit it by reliable electronic means to the

court or the justice of the peace. The contents of the warrant must

conform to Rule 4(d). The transmission received by the court or justice

of the peace may serve as the original.

(C) If the court or justice of the peace is satisfied that there is probable

cause to believe that the grounds for the arrest exist, the court or justice

of the peace shall sign the proposed arrest warrant or a modified version,

enter the date and time of issuance on the warrant, and transmit it by

reliable electronic means to the applicant. The applicant shall promptly

provide a copy of the arrest warrant to the prosecutorial office (District

Attorney or Attorney General) with jurisdiction over the charges

designated in the warrant.

(3) Suppression Limited. Absent a finding of bad faith, evidence

obtained from a warrant issued under this Rule is not subject to suppression

on the ground that issuing the warrant in this manner was unreasonable under

the circumstances.

(f) Management of Electronic or Paper Arrest Warrant.

(1) Electronic Arrest Warrant and Recall Order. Electronic arrest

warrants, and all orders recalling electronic arrest warrants, shall be entered

into, stored, and retained in the electronic warrant docket management system

as provided in 15 M.R.S. § 653(1). The electronic warrant docket

management system shall be the sole official record of electronic arrest

warrants issued and recalled pursuant to this Rule.

(2) Mandatory Filing and Entering Electronically of the Original of Certain

Paper Arrest Warrants. Unless the paper arrest warrant has already been

executed or recalled, the original of the following paper arrest warrants must

be filed and entered electronically into the warrant document management

system as follows:

(A) Any paper arrest warrant issued by a justice of the peace or issued by

any judicial officer outside of the regular business hours of a court must

be filed on the next regular business day and entered electronically by

the court as soon as possible thereafter. The filing must be made with

the court that would have jurisdiction and venue over a criminal action

resulting from the warrant. The original of any paper arrest warrant

filed with the court shall remain with the court.

(B) Any paper arrest warrant issued due to the temporary unavailability

of the statewide warrant management system or other exigent

circumstances must be filed on the next regular business day and entered

electronically by the court as soon as possible thereafter. The filing

must be made with the court that would have jurisdiction and venue over

a criminal action resulting from the warrant. The original of any paper

arrest warrant filed with the court shall remain with the court.

Once a paper arrest warrant described in paragraph (A) and (B) is entered

electronically into the warrant docket management system, the resulting

electronic arrest warrant becomes the sole official arrest warrant.

(3) Filing of Paper Arrest Warrants Excluded from the Electronic Warrant

Docket Management System. Any paper warrants specifically excluded from

the electronic warrant docket management system pursuant to 15 M.R.S. § 652

shall continue to be filed as follows:

(A) The original shall be filed with the court that would have jurisdiction

and venue over a criminal action resulting from the warrant; and

(B) An attested copy shall be filed with the appropriate arrest warrant

repository or the investigating agency, as provided by former 15 M.R.S.

ch. 99 and the former standards issued pursuant to that chapter.

(g) Execution of Electronic or Paper Arrest Warrant or Service of

Summons.

(1) By Whom. The electronic arrest warrant or paper arrest warrant

shall be executed by any officer authorized by law. The summons may be

served by any constable, police officer, sheriff, deputy sheriff, marine patrol

officer of the Department of Marine Resources, warden of the Department of

Inland Fisheries and Wildlife, or any person authorized to serve a summons in

a civil action.

(2) Territorial Limits. The warrant may be executed or the summons

may be served at any place within the State of Maine.

(3) Manner of Execution of Electronic or Paper Arrest Warrant. The

electronic arrest warrant or paper arrest warrant shall be executed by the

arrest of the defendant. If execution is of an electronic arrest warrant,

showing the warrant to the defendant is not possible. If execution is of a

paper arrest warrant, the officer need not have the warrant in the officer’s

possession at the time of the arrest but, upon request, the officer shall show the

warrant to the defendant as soon as possible. If the officer is executing an

electronic arrest warrant or if the officer does not have the paper arrest

warrant in his or her possession at the time of the arrest, he or she shall inform

the defendant of the crime charged and of the fact that an arrest warrant has

been issued. The officer executing the electronic arrest warrant or paper

arrest warrant shall bring the arrested defendant promptly before the court.

If the arrest is made at a place 100 miles or more from the court designated in

the warrant, the defendant arrested, if bail has not been previously set or

denied by the court, shall be taken before the nearest available court or, if

authorized to set bail for the crime charged pursuant to Maine Bail Code, before

the nearest available bail commissioner.

(4) Service of Summons. The clerk shall mail a summons to the

defendant’s last known address or shall deliver it to any officer authorized by

law to execute or serve it or to the attorney for the State, unless the defendant

is in custody or otherwise before the court. More than one summons may

issue for a defendant. Personal service is effected by delivering a copy to the

defendant personally or by leaving it at the defendant’s dwelling house or usual

place of abode with some person of suitable age and discretion then residing

therein. A summons to a corporation shall be served in the same manner as a

summons to a corporation is served in a civil case.

(5) Failure of Service or Failure to Appear in Response to Summons. If a

mailed summons is returned undelivered or if a defendant cannot be personally

served or if a defendant fails to appear in response to a summons, the clerk shall

request the court to authorize a bench warrant.

(h) Return of Electronic or Paper Arrest Warrant or Summons.

(1) Warrant. The officer executing an electronic arrest warrant shall

make a return of the warrant as provided by 15 M.R.S. ch. 100 and the standards

issued pursuant to that chapter. The officer executing a paper arrest warrant

shall make a return of the warrant as provided by former 15 M.R.S. ch. 99 and

the former standards issued pursuant to that chapter.

(2) Summons. On or before the return day, the person to whom a

summons was delivered for service shall make return thereof. At the request

of the attorney for the State made at any time while the charge is pending, a

summons returned unserved or a duplicate thereof may be delivered by the

clerk to any authorized person for service.