An Act To Clarify Arrest Powers of Law Enforcement Officers
Maine Legislature, Session 121, LD 0469
Committee: Criminal Justice and Public Safety
Sponsors: GERZOFSKY, STRIMLING, BLANCHETTE, BUNKER, CHURCHILL, COURTNEY, GREELEY, LESSARD, SNOWE-MELLO, MAYO
Amends: 30-A MRSA §290, 30-A MRSA §405, 30-A MRSA §406, 30-A MRSA §2671

Legislative Document 
No. 469 
H.P.361 
House of Representatives, February 4, 2003 
An Act To Clarify Arrest Powers of Law Enforcement Officers 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative GERZOFSKY of Brunswick. 
Cosponsored by Senator STRIMLING of Cumberland and 
/Yj~ 
1J7.1lJu~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BLANCHETTE of Bangor, BUNKER of Kossuth Township, CHURCHILL 
of Wash bum, COURTNEY of Sanford, GREELEY of Levant, LESSARD of Topsham, 
SNOWE-MELLO of Poland, Senator: MAYO of Sagadahoc. 
Printed on recycled puper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17·A MRSA §15. sub-§3 is enacted to read: 
3. 
For purposes of subsection 1, a law enforcement officer 
has no authority beyond the limits of the municipality or county 
in which the officer is appointed unless the officer has met the 
requirements of Title 25, section 2804 C. 
Sec. 2. 30-A MRSA §290. sub-§2, as enacted by PL 2001, c. 686, 
Pt. C, §l, is amended to read: 
2. 
Powers. 
deputy 
sheriff 
appointed. 
An 
see~ieBs section 
has the statutory powers of a 
in which 
the 
investigator 
is 
powers 
may 
include 
those 
under 
An investigator 
in 
the 
county 
investigator's 
aB9.-4Ge. 
Sec. 3. 30-A MRSA §405. as enacted by PL 1993, c. 594, §1, lS 
repealed. 
Sec. 4. 30-A MRSA §406 is enacted to read: 
§406. 
Arrest outside jurisdictional limits; liability 
When 
a 
county sheriff or deputy sheriff makes 
an arrest 
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, workers' compensation, insurance and 
any other benefits the sheriff or deputy sheriff enjoys while 
performing duties within the sheriff's or the deputy sheriff' § 
appointing county. 
Sec. 5. 30-A MRSA §2671. sub-§2, as amended by PL 1989, c. 
104, Pt. A, §23 and Pt. D, §6, is further amended to read: 
2. 
Powers. 
Police officers may serve criminal and traffic 
infraction processes and arrest and prosecute offenders of the 
law. 
A police officer 
has 
all 
the 
statutory 
powers 
of 
a 
constable, unless limited by charter or ordinance. 
We 8 police 
officer has aBY no authority in criminal or traffic infraction 
matters 
beyond the limits of 
the municipality 
In which 
the 
officer is appointed, except as provided in Title 17-A, section 
15, and except to: 
A. 
Recapture a prisoner whom the officer has arrested and 
who has escaped; 
B. 
Take a person before the District Court; 
C. 
Execute a mittimus given to the officer by the District 
Court; 
D. 
Pursue a person who has gone into another municipality 
and for whose arrest the officer has a warrant; 
E. 
Arrest a person who travels 
municipality in which the officer 
pursuit of 
that person. 
This 
beyond the limits of the 
is appointed when in fresh 
paragraph applies 
to all 
crimes and traffic infractions. 
As used in this paragraph: 
(1) 
With respect to Class 
A, 
crimes, the term "fresh pursuit" 
15, section 152; and 
Class 
B 
and Class 
C 
is defined in Title 
(2) 
With respect to Class D and Class E crimes and 
traffic 
infractions, 
"fresh 
pursuit" 
means 
instant 
pursuit of a person with intent to apprehend; or 
F. 
As provided for in section 2674. 
Sec. 6. 30-A MRSA §2671. sub-§2-A. as enacted by PL 1993, c. 
594, §2, is repealed. 
Sec. 7. 30-A MRS A §2671. sub-§2-B. as enacted by PL 1993, c. 
594, §2, is amended to read: 
2-B. 
Liability. 
When a municipal police officer makes an 
arrestT---a5---~~~~---~---&~b&&G&iGn---6-AT 
outside 
of 
jurisdictional limits of the municipality in which the police 
officer is appointed, that police officer has the same immunity 
from tort liability and all of the pension, relief, disability, 
WetH;et..cs workers' compensation, insurance and any other benefits 
the police officer enjoys while performing duties within the 
police officer's appointing municipality. 
SUMMARY 
This 
bill 
clarifies 
that 
the 
arrest 
powers 
of 
a 
law 
enforcement officer are limited to the powers authorized by the 
municipali ty or county in \-v-hich the officer is appointed unless 
the officer meets the law enforcement training requirements o[ 
the Maine Revised Statutes, Title 25, section 2804-C.