In the state of Maine , the police do not need an arrest warrant to search a person or place them under arrest when there are exigent circumstances involved. Examples of this type of circumstance would be:
- Suspect running from police enters a home
- Police catch suspect committing a crime in their vehicle
- Police catch suspect in the act of committing a crime
Although police would rather an arrest warrant be in place when they make the arrest because it strengthens the case against the suspect, they may not have time to wait for a warrant to be issued.
An arrest warrant in the state of Maine gives police permission to arrest and take into custody the person named on the warrant no matter where they are or when they come into contact with them. Most of the time when a person is found to have an outstanding warrant for their arrest, the police will take them to jail and have them booked for whatever crime they are being accused of.
If you believe that you or somebody that you know has a warrant, we recommend that you do a Maine warrant search to know for sure so that you can take action on your own terms.
What You Need to Know About Active Warrants in Maine
A warrant is an official, legal document that has been signed into effect by a judge or a magistrate. As soon as one becomes active, the person named on it is subject to the orders that are stipulated within the warrant.
There are several different types of warrants and each one will have its own unique characteristics depending on the circumstances that surround it.
The one common factor with all warrants is once they are issued law enforcement is expected to execute them as soon as possible. It does not matter what time of day, where the individual is located, what circumstances are going on at the time when law enforcement comes into contact with the defendant named in the warrant they will take action.
Types of Warrants in the State of Maine
There are a number of various types of warrants that can be issued in the state of main including affidavit warrants, digital signature warrants, electronic signature warrants, FTP warrants, and so on.
However, there are only three basic types of warrants that the other warrants all stem from:
- Arrest warrants
- Bench warrants
- Search warrants
All of these warrants are similar in the sense that they are legal documents that demand an action as seen appropriate by a judge.
The way that warrants are executed will be determined by how they are constructed by the judge or magistrate that signs them into action.
Warrant Records Search
Arrest Warrants in Maine
When there is enough probable cause present to justify the issuance of an arrest warrant a judge will issue a warrant for the arrest of the individual that is accused of a crime.
Some reasons that an arrest warrant may be issued are:
- A suspect left incriminating evidence at a crime scene
- An eyewitness identified and reported an individual
- Video footage showed an individual engaged in a crime
In the event that law enforcement witnesses a person engaged in a crime, they do need to wait for an arrest warrant to arrest them.
Arrest warrants can be issued in response to a felony or a misdemeanor. In most cases, law enforcement will spend more time and energy chasing down a felon than they will a person who is accused of a misdemeanor.
Sometimes a person that has an arrest warrant for a misdemeanor will not even be aware of the warrant until they are pulled over for a traffic stop and informed by police.
There are times when police officers can contact a judge during off-hours and request an arrest warrant for a person that could be a threat to public safety. In most cases, however, an arrest warrant is issued by a judge after the district attorney officially files charges against the suspect, then requests the judge follow up by issuing an arrest warrant.
Bench Warrants in Maine
In many cases, much like misdemeanor arrest warrants, when a person has a bench warrant issued against them they do not even know. When a bench warrant is signed into activation the judge will do so directly from the bench in the courtroom without the need for collaboration, or to provide notice.
Bench warrants are issued in the event that the person that is named in one somehow failed to carry out a court order.
Some examples of why bench warrants are issued are:
- Failure to appear for a court date
- Failure to pay off a fine in a certain amount of time
- Failure to comply with a court order
When a person has an active bench warrant out for their return to the courtroom police have the same authority to arrest and detain the defendant as they would an arrest warrant. In many cases, however, the police can issue a summons for the person to appear in court as opposed to arresting them and taking them to jail.
Search Warrants in Maine
In the state of Maine, law enforcement has permission to conduct a search and seizure operation upon a person named in a search warrant. The purpose of the search will ultimately be in order to discover evidence that will lead to the conviction of a crime.
Some of the reasons a judge will issue a search warrant are:
- The subject is suspected of possessing sexually explicit images of minors
- The subject is suspected of selling illegal drugs
- The subject is suspected of possessing illegal weapons
- The subject is suspected of possessing property that was used in a crime
The Fourth Amendment to the Consitution of the United States is in place in order to protect people from unreasonable searches and seizures by law enforcement agencies that are under the laws of the government. However, in an attempt to balance out the necessity of personal privacy and the need for public safety officers may find probable cause of their own and conduct a search if they deem it necessary.
When a search warrant is written up and signed into action by a judge it needs to have:
- The name of the person to be searched
- The address of the search place (if applicable)
- The area to be searched
- A written out declaration of what is to be searched
If officers conduct a search and discover incriminating evidence all of the orders of the warrant must be adhered to, or the evidence that is produced can be eliminated from the courtroom based on the search being considered illegal.
In many cases, an intelligent, slick, defense attorney can find loopholes around the way that a search was conducted and get crucial evidence dismissed.
The judge and the law enforcement officers that will be conducting the search will compile the details of the search together in private and away from the public eye. This is so the person, or people, named in the warrant do not have a chance to destroy evidence that could be helpful in a conviction.
Why Continual Regular Warrant Searches are Wise
It is a well-known fact that many people have warrants out for them without knowing they even exist. This gives the police an upper hand when in the process of apprehending the subject named in the warrant. When you conduct warrant searches on a regular basis you give yourself the upper hand in a situation that could end up ending really badly. The more you are informed about your circumstances, the better off you are when it comes to taking care of them.
***Regardless of which state you live in it is always wise to contact an attorney for any questions that you may have when it comes to warrant laws or any other legal concerns. The content found on this website is only for informational purposes and is not to be mistaken for legal advice.