An Act to Enact the Protection of Shared Physical and Digital Property from Warrantless Searches Act (AFTER DEADLINE)
Maine Legislature, Session 131, LD 1883
Committee: Criminal Justice and Public Safety
Sponsors: FAULKINGHAM, ANDREWS, BAGSHAW, BOYER, LYMAN, SAMPSON, TALBOT ROSS, THORNE, WILLIAMS
Amends: 15 MRSA §58

Legislative Document
No. 1883
H.P. 1208
House of Representatives, May 3, 2023
An Act to Enact the Protection of Shared Physical and Digital 
Property from Warrantless Searches Act
(AFTER DEADLINE)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative FAULKINGHAM of Winter Harbor.
Cosponsored by Representatives: ANDREWS of Paris, BAGSHAW of Windham, BOYER of 
Poland, LYMAN of Livermore Falls, SAMPSON of Alfred, Speaker TALBOT ROSS of 
Portland, THORNE of Carmel, WILLIAMS of Bar Harbor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  15 MRSA §58 is enacted to read:
§58.  The Protection of Shared Physical and Digital Property from Warrantless 
Searches Act
1. Short title. This section may be known and cited as "the Protection of Shared 
Physical and Digital Property from Warrantless Searches Act."
2. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A. "Digital property" means information that a person creates that:
(1) Is stored in digital form and includes the information necessary to access the 
digital property; or
(2) The person has shared with a 3rd party in connection to the provision of goods 
or services to the person and is recorded in digital form and includes digital records 
containing the information.
"Digital property" does not include information a person voluntarily shares with the 
public or with a 3rd party with the understanding that the 3rd party will share that 
information with the public.
B. "Government agent" means an individual who is employed by or contracted to a 
federal, state or local governmental entity.
C. "Physical property" means all real and personal property that a person owns or 
possesses, including:
(1)  All real and personal property that a person shares with a 3rd party in 
connection to the provision of goods or services to that person; and 
(2) Information a person shares with a 3rd party in connection to the provision of 
goods or services to that person that is recorded in physical form, including all 
physical records containing the information. 
"Physical property" does not include information a person voluntarily shares with the 
public or with a 3rd party with the understanding that the 3rd party will share that 
information with the public. 
D. "Third party" means a party different from a person or government agent, that 
maintains physical property or digital property about the person as part of providing 
that person goods or services.
3. Prohibition. A government agent may not search or seize physical property or 
digital property of a person that is held by a 3rd party without first obtaining a search 
warrant based on probable cause, except: 
A. After receiving the permission of the owner of the digital property or physical 
property; or 
B. To respond to an imminent threat to a person's life, safety or property or a similar 
exigent circumstance. 
4. Notice.  A government agent, when executing a search warrant, shall provide notice 
and a copy of the warrant authorizing the search to the owner of the digital property or 
physical property as well as any 3rd party whose property has been searched or from whom 
property has been seized. A court, upon a showing by the government agent that providing 
the search warrant to the owner of the digital property or physical property would impede 
or otherwise jeopardize an ongoing investigation, may delay the giving of such notice for 
a reasonable period not to exceed 30 days after the date of the execution of the warrant or 
on a later date certain if the facts of the case justify a longer period of delay. 
5. Remedies. A person aggrieved by a search or seizure of the person's physical 
property or digital property possessed by a 3rd party may challenge the search or seizure 
as if the property had been searched in the person's possession or seized directly from the 
person, including by pursuing a civil action under the Maine Civil Rights Act. In an action 
under this subsection, a prevailing plaintiff may recover declaratory relief, injunctive relief, 
compensatory damages, nominal damages and attorney's fees. Any evidence obtained 
pursuant to a search or seizure conducted in violation of this section is inadmissible in any 
administrative, civil or criminal proceeding.
SUMMARY
This bill requires a search warrant for physical property and digital property held by a 
3rd party in the same manner as required for property held by the person against whom a 
warrant is executed.