Me. Rev. Stat. » Title 17-A
Maine Revised Statutes

Me. Rev. Stat. tit. 17-A, § 15 (2026)

Warrantless arrests by a law enforcement officer

✓ current as of May 2026
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1.  Except as otherwise specifically provided, a law enforcement officer may arrest without a warrant:  
A. Any person who the officer has probable cause to believe has committed or is committing:  
(1) Murder;  
(2) Any Class A, Class B or Class C crime;  
(3) Assault while hunting;  
(4) Any offense defined in chapter 45;  
(5) Assault, criminal threatening, terrorizing or stalking, if the officer reasonably believes that the person may cause injury to others unless immediately arrested;  
(5-A) Assault, criminal threatening, terrorizing, stalking, criminal mischief, obstructing the report of a crime or injury or reckless conduct if the officer reasonably believes that the person and the victim are family or household members, as defined in Title 19‑A, section 4102, subsection 6 or dating partners as defined in Title 19‑A, section 4102, subsection 4;  
(5-B) Domestic violence assault, domestic violence criminal threatening, domestic violence terrorizing, domestic violence stalking or domestic violence reckless conduct;  
(6) Theft as defined in section 357, when the value of the services is $1,000 or less if the officer reasonably believes that the person will not be apprehended unless immediately arrested;  
(7) Forgery, if the officer reasonably believes that the person will not be apprehended unless immediately arrested;  
(8) Negotiating a worthless instrument if the officer reasonably believes that the person will not be apprehended unless immediately arrested;  
(9) A violation of a condition of probation when requested by a probation officer or juvenile community corrections officer;  
(10) Violation of a condition of release in violation of Title 15, section 1026, subsection 3; Title 15, section 1027, subsection 3; Title 15, section 1051, subsection 2; and Title 15, section 1092;  
(11) Theft involving a detention under Title 17, section 3521;  
(12) Harassment, as set forth in section 506‑A;  
(13) Violation of a protection order, as specified in Title 5, section 4659, subsection 2; Title 15, section 321, subsection 6; former Title 19, section 769, subsection 2; former Title 19, section 770, subsection 5; Title 19‑A, former section 4011, subsection 3; Title 19‑A, former section 4012, subsection 5; Title 19‑A, section 4113, subsection 3; and Title 19‑A, section 4114, subsection 5;  
(14) A violation of a sex offender registration provision under Title 34‑A, chapter 15;  
(15) A violation of a requirement of administrative release when requested by the attorney for the State;  
(16) A violation of a condition of supervised release for sex offenders when requested by a probation officer;  
(17) A violation of a court-imposed deferment requirement of a deferred disposition when requested by the attorney for the State;  
(18) A violation of a condition of release as provided in Title 15, section 3203‑A, subsection 9;  
(19) A violation of a condition of supervised community confinement granted pursuant to Title 34‑A, section 3036‑A when requested by a probation officer;  
(20) A violation of a condition of placement on community reintegration status granted pursuant to Title 34‑A, section 3810 and former section 4112 when requested by a juvenile community corrections officer;  
(21) A violation of a condition of furlough or other rehabilitative program authorized under Title 34‑A, section 3035 when requested by a probation officer or juvenile community corrections officer;  
(22) A violation of preconviction or post-conviction bail pursuant to Title 15, section 1095, subsection 2 or section 1098, subsection 2 upon request of the attorney for the State;  
(23) Failure to appear in violation of Title 15, section 1091, subsection 1, paragraph A;  
(24) A Class D or Class E crime committed while released on preconviction or post-conviction bail;  
(25) A violation of a condition of release from a community confinement monitoring program pursuant to Title 30-A, section 1659‑A; or  
(26) A violation of an extreme risk protection order issued pursuant to Title 25, section 2244, subsection 3 or an emergency extreme risk protection order pursuant to Title 25, section 2245, subsection 2; and   [IB 2025, c. 1, §§3-5 (AMD).]
B. Any person who has committed or is committing in the officer's presence any Class D or Class E crime.   [PL 1995, c. 680, §3 (RPR).]
[IB 2025, c. 1, §§3-5 (AMD).]
2.  For the purposes of subsection 1, paragraph B, criminal conduct has been committed or is being committed in the presence of a law enforcement officer when one or more of the officer's senses afford that officer personal knowledge of facts that are sufficient to warrant a prudent and cautious law enforcement officer's belief that a Class D or Class E crime is being or has just been committed and that the person arrested has committed or is committing that Class D or Class E crime. An arrest made pursuant to subsection 1, paragraph B must be made at the time of the commission of the criminal conduct, or some part thereof, or within a reasonable time thereafter or upon fresh pursuit.  
[PL 1995, c. 680, §3 (RPR).]
SECTION HISTORY
PL 1975, c. 740, §22 (NEW). PL 1977, c. 326 (AMD). PL 1977, c. 510, §24 (AMD). PL 1977, c. 671, §19 (AMD). PL 1977, c. 696, §169 (AMD). PL 1979, c. 578, §§1,7 (AMD). PL 1979, c. 677, §§2,18 (AMD). PL 1983, c. 450, §1 (AMD). PL 1983, c. 735, §1 (AMD). PL 1983, c. 795, §5 (AMD). PL 1983, c. 862, §47 (AMD). PL 1985, c. 737, §A40 (AMD). PL 1987, c. 758, §22 (AMD). PL 1987, c. 870, §11 (AMD). PL 1989, c. 122, §2 (AMD). RR 1991, c. 2, §50 (COR). PL 1991, c. 566, §1 (AMD). PL 1993, c. 475, §3 (AMD). PL 1995, c. 224, §1 (AMD). PL 1995, c. 356, §20 (AMD). PL 1995, c. 668, §2 (AMD). PL 1995, c. 680, §3 (RPR). PL 1997, c. 393, §A17 (AMD). PL 1997, c. 464, §3 (AMD). PL 1999, c. 127, §A33 (AMD). PL 1999, c. 644, §1 (AMD). PL 2001, c. 389, §1 (AMD). PL 2001, c. 439, §OOO1 (AMD). PL 2001, c. 667, §A34 (AMD). PL 2003, c. 102, §1 (AMD). PL 2007, c. 475, §8 (AMD). PL 2007, c. 518, §4 (AMD). PL 2009, c. 142, §3 (AMD). PL 2011, c. 341, §6 (AMD). PL 2011, c. 464, §4 (AMD). PL 2011, c. 691, Pt. A, §12 (AMD). PL 2017, c. 148, §3 (AMD). PL 2021, c. 647, Pt. B, §§15, 16 (AMD). PL 2021, c. 647, Pt. B, §65 (AFF). PL 2023, c. 465, §1 (AMD). IB 2025, c. 1, §§3-5 (AMD).
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Notes of Decisions
Cited in 38 cases (5 in the last 5 years), 1976–2026 · leading case: Morelli v. Webster, 552 F.3d 12 (1st Cir. 2009).
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Morelli v. Webster, 552 F.3d 12 (1st Cir. 2009). · cites it 2× “2d at 53 (citing Me.Rev.Stat. Ann. tit. 17-A §§ 15(2), 353(1)(A)).”
Richards v. Town of Eliot, 2001 ME 132 (Me. 2001). · cites it 2× “See 17-A M.R.S.A. § 15(1)(B) (Supp.2000). Once arrested, Richards was transported to the Kittery Police Department where she was booked on the charge of criminal restraint and then released from custody.”
French v. Merrill, 15 F.4th 116 (1st Cir. 2021). “Harassment is defined in the statute as "engag[ing] in any course of conduct with the intent to harass, torment or threaten another person, [a]fter having been notified, in writing or otherwise, not to engage in such conduct" by a law enforcement officer within one year or by a…”
State v. Ann Marie C., 407 A.2d 715 (Me. 1979). · cites it 2× “[10] Defendant asserts that even if the police had probable cause to arrest her on October 30, the warrantless arrest was nonetheless unlawful because defendant was later charged with a Class D crime and 17-A M.R.S.A. § 15 requires that warrantless arrests for Class D offenses…”
State v. Rand, 430 A.2d 808 (Me. 1981). “Given facts supportive of probable cause to arrest, no arrest warrant was required in the instant case, whether the officers believed that Rand had actually participated in the commission of the burglary and was fleeing with the stolen property, a Class C crime (17-A M.R.S.A. §…”
State of Maine v. Pedro J. Rosario, 2022 ME 46 (Me. 2022). “¶ 13; 17-A M.R.S. § 15(1)(A)(2) (2022). There is probable cause when the “facts and circumstances within the knowledge of the officers and of which they have reasonably trustworthy information would warrant a prudent and cautious person to believe that the arrestee did commit or…”
State v. Carey, 412 A.2d 1218 (Me. 1980). · cites it 2× “It must be construed as part of a new set of statutes that has eliminated the common law categories of felonies and misdemeanors and has substituted for the common law a statutory enumeration of the occasions when a warrant-less arrest is authorized.”
State of Maine v. Ryan Turner, 2017 ME 185 (Me. 2017). “§ 267K2-A); 17-A M.R.S. § 15(1)(B) (2016); see also 25 M.”
State of Maine v. Arder Prinkleton, 2018 ME 16 (Me. 2018). “At that time, the police would have identified Prinkleton and arrésted him based on the outstanding arrest warrant or would have made a warrantless arrest pursuant to 17-A M.R.S. § 15(1)(A)(2) (2017) for unlawful trafficking, in scheduled drugs.”
State v. Journet, 191 A.3d 1181 (Me. 2018). “17-A M.R.S. § 15(1)(A)(2) (2017) ; State v.”
State v. Ladd, 431 A.2d 60 (Me. 1981). · cites it 2× “See 17-A M.R.S.A. § 15 (Supp.1980). Since, when Detective Emery left the room and at all other times during the questioning, the officers could have arrested defendant without a warrant, the subsequent confession in no way can be said to have resulted from the fatal documentary…”
State v. Austin, 381 A.2d 652 (Me. 1978). “§ 501, and (2) upon an argument that his acquittal on the disorderly conduct charge necessitates the conclusion that Chief Bernard had no authority to make a warrantless arrest because the defendant had not committed a Class E crime in his presence, 17-A M.R.S.A. § 15. We deem…”
Show all 38 citing cases →
— Me. Rev. Stat. tit. 17-A, § 15(1) — 1 case
State v. Carey, 412 A.2d 1218 (Me. 1980). “It must be construed as part of a new set of statutes that has eliminated the common law categories of felonies and misdemeanors and has substituted for the common law a statutory enumeration of the occasions when a warrant-less arrest is authorized.”
— Me. Rev. Stat. tit. 17-A, § 15(1)(A) — 5 cases
State v. Johnson, 95 A.3d 621 (Me. 2014).
Willette v. City of Waterville, 516 F. Supp. 2d 139 (D. Me. 2007).
Farrington v. Fairfield Police Dep't (D. Me. 2024).
Karamanoglu v. Town of Yarmouth (D. Me. 2020).
Bailey v. State of Maine (Me. Super. Ct 2003).
— Me. Rev. Stat. tit. 17-A, § 15(1)(A)(12) — 2 cases
French v. Merrill, 15 F.4th 116 (1st Cir. 2021). “Harassment is defined in the statute as "engag[ing] in any course of conduct with the intent to harass, torment or threaten another person, [a]fter having been notified, in writing or otherwise, not to engage in such conduct" by a law enforcement officer within one year or by a…”
French v. Merrill (D. Me. 2020).
— Me. Rev. Stat. tit. 17-A, § 15(1)(A)(2) — 6 cases
State v. Rand, 430 A.2d 808 (Me. 1981). “Given facts supportive of probable cause to arrest, no arrest warrant was required in the instant case, whether the officers believed that Rand had actually participated in the commission of the burglary and was fleeing with the stolen property, a Class C crime (17-A M.R.S.A. §…”
State of Maine v. Pedro J. Rosario, 2022 ME 46 (Me. 2022). “¶ 13; 17-A M.R.S. § 15(1)(A)(2) (2022). There is probable cause when the “facts and circumstances within the knowledge of the officers and of which they have reasonably trustworthy information would warrant a prudent and cautious person to believe that the arrestee did commit or…”
State of Maine v. Arder Prinkleton, 2018 ME 16 (Me. 2018). “At that time, the police would have identified Prinkleton and arrésted him based on the outstanding arrest warrant or would have made a warrantless arrest pursuant to 17-A M.R.S. § 15(1)(A)(2) (2017) for unlawful trafficking, in scheduled drugs.”
State v. Journet, 191 A.3d 1181 (Me. 2018). “17-A M.R.S. § 15(1)(A)(2) (2017) ; State v.”
United States v. Kimball, 555 F. Supp. 1366 (D. Me. 1983).
— Me. Rev. Stat. tit. 17-A, § 15(1)(B) — 9 cases
Richards v. Town of Eliot, 2001 ME 132 (Me. 2001). “See 17-A M.R.S.A. § 15(1)(B) (Supp.2000). Once arrested, Richards was transported to the Kittery Police Department where she was booked on the charge of criminal restraint and then released from custody.”
State of Maine v. Ryan Turner, 2017 ME 185 (Me. 2017). “§ 267K2-A); 17-A M.R.S. § 15(1)(B) (2016); see also 25 M.”
State v. Pease, 520 A.2d 698 (Me. 1987).
Thompson v. City of Portland, 620 F. Supp. 482 (D. Me. 1985).
State v. Thurston, 393 A.2d 1345 (Me. 1978).
— Me. Rev. Stat. tit. 17-A, § 15(2) — 3 cases
Morelli v. Webster, 552 F.3d 12 (1st Cir. 2009). “2d at 53 (citing Me.Rev.Stat. Ann. tit. 17-A §§ 15(2), 353(1)(A)).”
Steeves v. City of Rockland, 600 F. Supp. 2d 143 (D. Me. 2009).
Cote v. Town of Millinocket, 901 F. Supp. 2d 200 (D. Me. 2012).
— Me. Rev. Stat. tit. 17-A, § 15(B) — 3 cases
Barber v. Guay, 910 F. Supp. 790 (D. Me. 1995).
United States v. Steele, 195 F. Supp. 2d 202 (D. Me. 2002).
Cote v. Town of Millinocket, 901 F. Supp. 2d 200 (D. Me. 2012).
— Me. Rev. Stat. tit. 17-A, § 15(I)(B) — 1 case
Richards v. Town of Eliot, 2001 ME 132 (Me. 2001). “See 17-A M.R.S.A. § 15(1)(B) (Supp.2000). Once arrested, Richards was transported to the Kittery Police Department where she was booked on the charge of criminal restraint and then released from custody.”
— Me. Rev. Stat. tit. 17-A, § 15(l)(A)(2) — 1 case
State of Maine v. Rosario (Me. Super. Ct 2021).
— Me. Rev. Stat. tit. 17-A, § 15(l)(b) — 1 case
Burbank v. Davis, 227 F. Supp. 2d 176 (D. Me. 2002).
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