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5 Maine opinions name it 2 courts 1980–2010 0 in the last five years
The cases below were cited by Maine courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Forsythgreen2 sentences2010Probable Cause to Arrest The defendant's argument that the officer lacked probable cause to arrest her fails because "[t]he probable cause standard for requiring a person to take a blood-alcohol test has a very low threshold." State v. Forsyth, 2002 ME 75 , ~ 14, 795 A. 2d 66, 70 (citations omitted) "For there to be probable cause for OUI, an officer only needs evidence sufficient to support the reasonable belief 'that the person's senses are affected to the slightest degree, or to any extent, by alcohol that the person has had to drink.''' !d. (citing State v. Webster, 2000 ME 115 , ~ 7, 754 2010Probable Cause to Arrest The defendant's argument that the officer lacked probable cause to arrest her fails because "[t]he probable cause standard for requiring a person to take a blood-alcohol test has a very low threshold." State v. Forsyth, 2002 ME 75 , ~ 14, 795 A. 2d 66, 70 (citations omitted) "For there to be probable cause for OUI, an officer only needs evidence sufficient to support the reasonable belief 'that the person's senses are affected to the slightest degree, or to any extent, by alcohol that the person has had to drink.''' !d. (citing State v. Webster, 2000 ME 115 , ~ 7, 754 | 1 | 1 |
Calero-Colon v. Betancourt-Lebrongreen1 sentence2004False Arrest (against the Windham Defendants) The elements of a false arrest claim are generally as follows: “(1) the defendant intended to confine the plaintiff; (2) the plaintiff was conscious of the confinement; (3) the plaintiff did not consent to the confinement; and (4) the defendant had no privilege to cause the confinement.” Calero-Colon v. Betancourt-Lebron, 68 F.3d 1, 8 (1st Cir. 1995) (citing Restatement (Second) Of Torts §§ 35, 118 cmt. b (1965)). | 1 | 1 |
State v. Bellinogreen1 sentence1982State v. Bellino, Me., 390 A.2d 1014, 1020 (1978). | 1 | 1 |
State v. Careygreen2 sentences1980As we pointed out in State v. Carey, Me., 412 A.2d 1218, 1221 (1980), the legislature's purpose of obtaining reliable evidence concerning sobriety of drivers was enhanced by extending to police officers the power to arrest on probable cause. 1980As we pointed out in State v. Carey, Me., 412 A.2d 1218, 1221 (1980), the legislature’s purpose of obtaining reliable evidence concerning sobriety of drivers was enhanced by extending to police officers the power to arrest on probable cause. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maine. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Webster
green
2 sentences2010Probable Cause to Arrest The defendant's argument that the officer lacked probable cause to arrest her fails because "[t]he probable cause standard for requiring a person to take a blood-alcohol test has a very low threshold." State v. Forsyth, 2002 ME 75 , ~ 14, 795 A. 2d 66, 70 (citations omitted) "For there to be probable cause for OUI, an officer only needs evidence sufficient to support the reasonable belief 'that the person's senses are affected to the slightest degree, or to any extent, by alcohol that the person has had to drink.''' !d. (citing State v. Webster, 2000 ME 115 , ~ 7, 754 2010Probable Cause to Arrest The defendant's argument that the officer lacked probable cause to arrest her fails because "[t]he probable cause standard for requiring a person to take a blood-alcohol test has a very low threshold." State v. Forsyth, 2002 ME 75 , ~ 14, 795 A. 2d 66, 70 (citations omitted) "For there to be probable cause for OUI, an officer only needs evidence sufficient to support the reasonable belief 'that the person's senses are affected to the slightest degree, or to any extent, by alcohol that the person has had to drink.''' !d. (citing State v. Webster, 2000 ME 115 , ~ 7, 754 | 1 | 2010–2010 |
Commonwealth v. Fiume
green
1 sentence1986The State in this case should “not be permitted to realize the ‘fruits’ of its own lawlessness.” Fiume, 436 A.2d at 1008 . | 1 | 1986–1986 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.