Me. Rev. Stat. » Title 15
Maine Revised Statutes

Me. Rev. Stat. tit. 15, § 55 (2026)

Search warrants; issuance by justice, judge or justice of the peace

✓ current as of May 2026
Find cases: SyfertCases citing this section ME-LEGlegislature.maine.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
A justice of the Superior Court, a judge of the District Court or a justice of the peace shall issue search warrants for any place in the State for such purposes as the United States Constitution and the Constitution of Maine permit, including with respect to any violation over which the Passamaquoddy Tribe, the Penobscot Nation or the Houlton Band of Maliseet Indians exercises exclusive jurisdiction under Title 30, section 6209‑A, 6209‑B or 6209‑C. The evidence presented to the magistrate in support of the search warrant may consist of affidavits and other evidence under oath or affirmation that is capable of being reduced to a record for purposes of review. The application for the search warrant and supporting information and evidence must be submitted in accordance with rules adopted by the Supreme Judicial Court, except that, following the establishment of a statewide electronic warrant system as provided in Title 4, section 17, subsection 18, the filing of the application and supporting information and evidence may be done electronically, if presented to a justice of the Superior Court or a judge of the District Court or a justice of the peace authorized by rule of the Supreme Judicial Court to issue warrants electronically, and the warrant issued and returned electronically. The Supreme Judicial Court shall by rule provide the procedure of the application for and issuance of search warrants. When no procedure is specified by the Supreme Judicial Court, the justice, judge or justice of the peace shall proceed in any reasonable manner that is authorized by this section, that, if presented electronically, conforms to the requirements of Title 4, section 17, subsection 18 and that will allow the issuance of a search warrant for any constitutional purpose. A justice, a judge or a justice of the peace shall issue a search warrant for a domestic or foreign entity that is a provider of electronic communication service or a provider of remote computing service in accordance with the provisions of this section and section 56.   [PL 2021, c. 684, §4 (AMD).]
SECTION HISTORY
PL 1965, c. 356, §18 (RPR). PL 1979, c. 343, §1 (RPR). PL 1987, c. 736, §20 (AMD). PL 1991, c. 484, §5 (AMD). PL 1995, c. 388, §3 (AMD). PL 1995, c. 388, §8 (AFF). PL 2017, c. 144, §2 (AMD). PL 2021, c. 684, §4 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public.
If you need legal advice, please consult a qualified attorney.
Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1972–2021 · leading case: State of Maine v. Michael J. Warner II, 2019 ME 140 (Me. 2019).
Sort: Relevance Newest Treatment
State of Maine v. Michael J. Warner II, 2019 ME 140 (Me. 2019). · cites it 3× “§§ 642(1) and 648 (2015),3 in accordance with 15 M.R.S. § 55 (2015),4 a detective of the Kennebec County Sheriff’s Office applied for a warrant to obtain and search records from wireless provider AT&T Mobility that were associated with Warner’s cell phone account from July 30,…”
State v. Reese, 2010 ME 30 (Me. 2010). “[¶ 11] Pursuant to article 1, section 5 of the Maine Constitution and the Fourth Amendment to the United States Constitution, search warrants must be based on probable cause and “supported by oath or affirmation.”
United States v. Cameron, 652 F. Supp. 2d 74 (D. Me. 2009). · cites it 3× “15 M.R.S.A. § 55. He also notes that Rule 41 of the Maine Rules of Criminal Procedure, which addresses search warrants, refers only to District Court Judges.”
State of Maine v. Christopher J. Johndro, 2013 ME 106 (Me. 2013). “15 M.R.S. § 55 (2012). Thus, although much of our search and seizure precedent refers to the findings of a magistrate, we apply the same principles to cases involving search warrants issued by a justice of the peace.”
State v. Dunlap, 395 A.2d 821 (Me. 1978). “The local complaint justice had equal authority to issue a search warrant, 15 M.R.S.A. § 55; he was never approached by the police.”
Lacey v. State, 946 N.E.2d 548 (Ind. 2011). “5/108-8; Me.Rev.Stat. Ann. tit. 15, § 55 and Me. R.”
State v. Fernald, 381 A.2d 282 (Me. 1978). “Both the statute, 15 M.R.S.A. § 55 (enacted 1965) (1975 Supp.”
State v. Stone, 294 A.2d 683 (Me. 1972). “12 (implementing the authorization conferred by 15 M.R.S.A. § 55) to mean what they say literally — namely, “a criminal offense”, regardless of whether it is a misdemeanor or felony, and “a particular apprehension or conviction”, whether it be of a misdemeanor or felony.”
State of Maine v. Conway (Me. Super. Ct 2021). “]" 15 M.R.S. § 55 (emphasis added). The Maine District Court issued a search warrant for property located in Manchester, New Hampshire.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.