Rule 4. Arrest Warrant or Summons

(a) Definitions. For purposes of this Rule the following definitions apply:

(1) "Clerk" means a clerk or deputy clerk of the Unified Criminal Docket.

(2) "Electronic Arrest Warrant" means an arrest warrant, including a bench warrant, issued pursuant to statute and this Rule that exists in electronic form and is entered into, maintained, managed, enforced, executed or recalled under the statewide warrant management system pursuant to 15 M.R.S. § 653 and this Rule.

(3) "Paper Arrest Warrant" means an arrest warrant issued pursuant to statute and this Rule that exists in paper form rather than in electronic form because it is excluded from the statewide warrant management system pursuant to 15 M.R.S. § 652, or because it is not yet in electronic form due to it being issued by a justice of the peace, issued by any judicial officer outside of the business hours of the court, or due to the temporary unavailability of the statewide warrant management system or other exigent circumstance pursuant to 15 M.R.S. § 654(1).

(b) Grounds for Issuance of Arrest Warrant or Summons.

(1) Indictment. An indictment is grounds for issuance of an arrest warrant or summons for the defendant named in the indictment.

(2) Probable Cause. Probable cause to believe that a crime has been committed and that the defendant committed it is grounds for an arrest warrant or summons for the defendant. Probable cause shall appear from the information or complaint or from an affidavit or affidavits sworn to before the court or other officer empowered to issue process against persons charged with crimes against the State and filed with the information or complaint.

(3) Bench Warrant. A bench warrant may issue for a failure to appear or for contempt or as provided by statute.

(c) Who May Issue Arrest Warrant or Summons.

(1) Indictment . A clerk shall issue an arrest warrant or summons for the defendant named in the indictment when so directed by the court or so requested by the attorney for the State.

(2) Probable Cause. The court or, when duly authorized to do so, a justice of the peace or clerk may issue an arrest warrant or summons based on probable cause, as determined pursuant to subdivision (b)(2).

(3) Bench Warrant. The court may authorize the issuance of a bench warrant physically or electronically. A clerk shall authorize the issuance of a bench warrant physically or electronically when so directed by the court, except in cases of contempt.

(d) Content of Arrest Warrant or Summons.

(1) Warrant . The arrest warrant shall bear the caption of the court or division of the court from which it issues. It shall contain an electronic signature of the court, or clerk issuing the arrest warrant electronically, or contain a physical signature by the court or other person authorized to issue arrest warrants in the event the arrest warrant issued is a paper warrant. It shall contain the name of the defendant or, if the defendant's name is unknown, any name or description by which the defendant can be identified with reasonable certainty. The arrest warrant shall contain available information concerning the identity and location of the defendant, including, but not limited to, photographs of the defendant, the defendant's last known address identified by town, county and geographic codes, the defendant's date of birth, and any distinguishing physical characteristics that will aid in the location of the defendant and the execution of the warrant. It shall describe the crime charged and indicate when applicable that it is a crime involving domestic violence. It shall command that the defendant be arrested and brought before the court. The amount of bail may be fixed by the court and physically or electronically endorsed on the warrant.

(2) Summons. The summons shall be in the same form as the arrest warrant except that it shall summon the defendant to appear before the court at a stated time and place.

(e) Arrest Warrant Request Made by Applicant Outside the Presence of the Court or Justice of the Peace.

(1) In General. The court or justice of the peace may, upon request of the applicant, allow an arrest warrant request to be made outside the presence of the court or justice of the peace if the court or justice of the peace determines it to be a reasonable request under the circumstances.

(2) Procedures to be Applied. If the court or justice of the peace allows the applicant to make the arrest warrant request outside the presence of the court or justice of the peace the following procedures apply:

(A) The request must be in the form of a written affidavit transmitted by reliable electronic means to the court or justice of the peace. The contents of the affidavit must conform to Rule 4(d). The applicant, by telephone or other reliable electronic means, must attest to its contents, and the court or justice of the peace must acknowledge the attestation in writing on the affidavit. Before ruling on the request, the court or justice of the peace may hear evidence under oath or affirmation by telephone or other reliable means that shall be taken down by a court reporter or recording equipment, or otherwise recorded in a manner that is capable of producing a record adequate for purposes of review.

(B) In addition to the written affidavit the applicant shall provide a charging instrument and transmit it by reliable electronic means to the court or the justice of the peace. The contents of the warrant must conform to Rule 4(d). The transmission received by the court or justice of the peace may serve as the original.

(C) If the court or justice of the peace is satisfied that there is probable cause to believe that the grounds for the arrest exist, the court or justice of the peace shall sign the proposed arrest warrant or a modified version, enter the date and time of issuance on the warrant, and transmit it by reliable electronic means to the applicant. The applicant shall promptly provide a copy of the arrest warrant to the prosecutorial office (District Attorney or Attorney General) with jurisdiction over the charges designated in the warrant.

(3) Suppression Limited. Absent a finding of bad faith, evidence obtained from a warrant issued under this Rule is not subject to suppression on the ground that issuing the warrant in this manner was unreasonable under the circumstances.

(f) Management of Electronic or Paper Arrest Warrant.

(1) Electronic Arrest Warrant and Recall Order . Electronic arrest warrants, and all orders recalling electronic arrest warrants, shall be entered into, stored, and retained in the electronic warrant docket management system as provided in 15 M.R.S. § 653(1). The electronic warrant docket management system shall be the sole official record of electronic arrest warrants issued and recalled pursuant to this Rule.

(2) Mandatory Filing and Entering Electronically of the Original of Certain Paper Arrest Warrants . Unless the paper arrest warrant has already been executed or recalled, the original of the following paper arrest warrants must be filed and entered electronically into the warrant document management system as follows:

(A) Any paper arrest warrant issued by a justice of the peace or issued by any judicial officer outside of the regular business hours of a court must be filed on the next regular business day and entered electronically by the court as soon as possible thereafter. The filing must be made with the court that would have jurisdiction and venue over a criminal action resulting from the warrant. The original of any paper arrest warrant filed with the court shall remain with the court.

(B) Any paper arrest warrant issued due to the temporary unavailability of the statewide warrant management system or other exigent circumstances must be filed on the next regular business day and entered electronically by the court as soon as possible thereafter. The filing must be made with the court that would have jurisdiction and venue over a criminal action resulting from the warrant. The original of any paper arrest warrant filed with the court shall remain with the court. Once a paper arrest warrant described in paragraph (A) and (B) is entered electronically into the warrant docket management system, the resulting electronic arrest warrant becomes the sole official arrest warrant.

(3) Filing of Paper Arrest Warrants Excluded from the Electronic Warrant Docket Management System . Any paper warrants specifically excluded from the electronic warrant docket management system pursuant to 15 M.R.S. § 652 shall continue to be filed as follows:

(A) The original shall be filed with the court that would have jurisdiction and venue over a criminal action resulting from the warrant; and

(B) An attested copy shall be filed with the appropriate arrest warrant repository or the investigating agency, as provided by former 15 M.R.S. ch. 99 and the former standards issued pursuant to that chapter.

(g) Execution of Electronic or Paper Arrest Warrant or Service of Summons.

(1) By Whom . The electronic arrest warrant or paper arrest warrant shall be executed by any officer authorized by law. The summons may be served by any constable, police officer, sheriff, deputy sheriff, marine patrol officer of the Department of Marine Resources, warden of the Department of Inland Fisheries and Wildlife, or any person authorized to serve a summons in a civil action.

(2) Territorial Limits . The warrant may be executed or the summons may be served at any place within the State of Maine.

(3) Manner of Execution of Electronic or Paper Arrest Warrant . The electronic arrest warrant or paper arrest warrant shall be executed by the arrest of the defendant. If execution is of an electronic arrest warrant, showing the warrant to the defendant is not possible. If execution is of a paper arrest warrant, the officer need not have the warrant in the officer's possession at the time of the arrest but, upon request, the officer shall show the warrant to the defendant as soon as possible. If the officer is executing an electronic arrest warrant or if the officer does not have the paper arrest warrant in his or her possession at the time of the arrest, he or she shall inform the defendant of the crime charged and of the fact that an arrest warrant has been issued. The officer executing the electronic arrest warrant or paper arrest warrant shall bring the arrested defendant promptly before the court. If the arrest is made at a place 100 miles or more from the court designated in the warrant, the defendant arrested, if bail has not been previously set or denied by the court, shall be taken before the nearest available court or, if authorized to set bail for the crime charged pursuant to Maine Bail Code, before the nearest available bail commissioner.

(4) Service of Summons. The clerk shall mail a summons to the defendant's last known address or shall deliver it to any officer authorized by law to execute or serve it or to the attorney for the State, unless the defendant is in custody or otherwise before the court. More than one summons may issue for a defendant. Personal service is effected by delivering a copy to the defendant personally or by leaving it at the defendant's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. A summons to a corporation shall be served in the same manner as a summons to a corporation is served in a civil case.

(5) Failure of Service or Failure to Appear in Response to Summons. If a mailed summons is returned undelivered or if a defendant cannot be personally served or if a defendant fails to appear in response to a summons, the clerk shall request the court to authorize a bench warrant.

(h) Return of Electronic or Paper Arrest Warrant or Summons.

(1) Warrant . The officer executing an electronic arrest warrant shall make a return of the warrant as provided by 15 M.R.S. ch. 100 and the standards issued pursuant to that chapter. The officer executing a paper arrest warrant shall make a return of the warrant as provided by former 15 M.R.S. ch. 99 and the former standards issued pursuant to that chapter.

(2) Summons. On or before the return day, the person to whom a summons was delivered for service shall make return thereof. At the request of the attorney for the State made at any time while the charge is pending, a summons returned unserved or a duplicate thereof may be delivered by the clerk to any authorized person for service.

Committee Notes

Advisory Note – May 2025 The amendment adds new subdivision (e) to Rule 4 to provide a procedure for arrest warrant requests made outside the presence of the court or justice of the peace. The procedure incorporated in the amendment tracks the procedure in M.R.U. Crim. P. 41C for search warrant requests made outside the presence of the court or justice of the peace. Former subdivisions (e) through (g) are amended to become subdivisions (f) through (h).

Committee Advisory Note [December 2014] The Rule parallels the content of Rule 4 of the Maine Rules of Criminal Procedure but differs in the following respects. First, in subdivision (a)(1) the word "clerk" is defined to mean a clerk or deputy clerk "of the Unified Criminal Docket" rather than "of the District Court or Superior Court." Second, in subdivision (b)(2), (c)(2), (3) and (d) the word "court" replaces the words "a Supreme Court Justice, a District court Judge" or its variant "a justice [or] judge." See Committee Advisory Note [December 2014] to M.R.U. Crim. P. 3(b) and (d). Third, in subdivision (c)(1), (f)(4) and (g)(2) the letter "s" in the word "state" is capitalized because it is used in the term "attorney for the State." See

Committee Advisory Note [December 2014] to M.R.U. Crim. P. 3(d) and (f). Fourth, in the heading of subdivision (e) the word " Issued " is deleted as unnecessary. Fifth, in subdivision (e)(1) the former references to the "Judicial Branch warrant docket management system" and the "warrant docket management system" have been modified to each read "electronic warrant docket management system" for purposes of consistency within the Rule and clarity. Sixth, in subdivision (f)(3) the word "defendant" replaces the word "person" for purposes of consistency within the paragraph. Seventh, in subdivision (f)(3) procedure is added in the event the arrest is made at a place 100 miles or more from the court designated in the warrant. In such a circumstance, unless bail has previously been set or denied, the arrested defendant must be taken either before the nearest available court, or, unless not authorized to set bail for the crime because of 15 M.R.S. §§ 1023(4) and 1092(4), before the nearest available bail commissioner.

[Advisory Notes to former Maine Rules of Criminal Procedure]

Advisory Committee Note – 1983 [M.R. Crim. P. 4(a).] The amendment explicitly validates the commendable practice in some district attorneys' offices of keeping centralized control of all outstanding warrants.

Advisory Committee Note – 1988 [M.R. Crim. P. 4(c)(1).] The amendment corrects erroneous references to two state Departments, wardens of which are, authorized to serve criminal summons.

Advisory Committee Note – 1990 [M.R. Crim. P. 4.] Rule 4 is rewritten to merge former Rule 4 with former Rule 9. As both former rules were concerned with the issuance, form, execution or service, and return of an arrest warrant or summons, the Advisory Committee was of the view that merging the two rules would remove unnecessary duplication from the rules. In addition, the section of the rule on return of process was amended to make clear that return of a warrant or summons must be made to the court and not to a particular District Court judge and that an unexecuted warrant or unserved summons could be delivered by a court clerk to an authorized person for execution or service.

Advisory Committee Note – 1993 [M.R. Crim. P. 4(a)(4), (a)(5), (b)(1), (d).] Rule 4 is amended to conform to Chapter 402 of the Public Laws of 1992, which inserted a new chapter (Chapter 94) into Title 15. Rule 4(a)(5) incorporates the statute's provisions for possession of the arrest warrant. Rule 4(b) tracks the statute's provisions for the contents of the arrest warrant contained in 15 M.R S.A. § 605(4). Rule 4(d) incorporates the statute's provisions for making a return on the warrant.

Advisory Committee Notes – 2001 [M.R. Crim. P. 4(a).] This amendment reorganizes the content of subdivision (a) by transferring the current substance of the first sentence of paragraph (3) into paragraphs (1) and (2) and transferring to subdivision (c) treatment both of the consequences of a defendant's failure to respond to a summons, currently found in the second sentence of paragraph (3), and delivery of a summons, currently found in paragraph (4). Further, current paragraph (5) of subdivision (a) is renumbered paragraph (3) since current paragraphs (3) and (4) are stricken. Still further, the citation form of a statutory reference in current paragraph (5) of subdivision (a) is changed. Finally, paragraph (1) of subdivision (a) is amended to conform it to the Rule 7(c) requirement that an indictment may charge only one defendant. [M.R. Crim. P. 4(c)(4).] This amendment clarifies that a clerk may serve a summons by mail. [M.R. Crim. P. 4(c)(5).] This amendment adds paragraph (5) to clarify that in response to nonappearance, or an undelivered mailed summons, or in the event a defendant cannot be personally served, the clerk must request the court to authorize a warrant. [M.R. Crim. P. 4(d)(1).] This amendment changes the citation form of a statutory reference.

Advisory Committee Note – March 2005 [ M.R. Crim. P. 4(a)(2).] The amendment adds "a Superior Court justice" to the list of those who are authorized to issue a warrant of arrest or summons of persons charged by way of information or complaint upon a finding of probable cause. Although a justice of the Superior Court has the power to issue processes in criminal cases by statute (15 M.R.S. § 702), because cases involving a Class C or above crime (accompanied or unaccompanied by related Class D or Class E crimes) will now be initiated in the Superior Court rather than the District Court, an express reference to "a Superior Court justice" becomes important. See also Advisory Committee Note to M.R. Crim. P. 3(a) and (b).

Advisory Note – June 2006 M.R. Crim. P. 4. The amendment does four things. First, the rule is reorganized to better track the sequence of the process. Subdivision (a) now addresses the grounds for issuance of a warrant or summons only. Who may issue the warrant or summons and possession of a warrant, both formerly found in subdivision (a), are transferred to new subdivisions (b) and (d) respectively. Current subdivisions (b), (c) and (d) are redesignated (c), (e) and (f) respectively. The provision on possession of the warrant is transferred from Rule 4(a)(3) to Rule 4(d) because possession occurs later in the process than the topics covered by subdivisions (a), (b) and (c). Subdivision (d) sensibly retains the present rule that the issuing court maintain possession of the original warrant. Second, subdivision (a), paragraph (3) adds to the rule grounds for issuance of a bench warrant – to wit: "A bench warrant may issue for a failure to appear or for contempt or as provided by statute." The reference to statutory authorization is intended to cover special circumstances, such as those currently found in 17-A M.R.S. §§ 1348-B(7) and 1349-D(4). Third, subdivision (b), paragraph (2) identifies those officers empowered to issue process for the arrest of persons charged with crimes. Fourth, subdivision (b) incorporates the warrant provisions of Administrative Order JB-05-17, Issuance of Warrants , effective August 1, 2005 and includes in the definition of "clerk", Superior Court clerks and deputy clerks. The 122nd Legislature recently enacted as emergency legislation 4 M.R.S. § 107-A allowing any clerk or deputy clerk of the Superior Court to issue process for the arrest of persons charged with crimes if authorized to do so by the Chief Justice of the Superior Court. See P.L. 2005, ch. 540, § 1 (effective April 5, 2006). District Court clerks and deputy clerks already have parallel legislative authority. 4 M.R.S. § 161.

Advisory Note – April 2012 The amendment modifies Rule 4 to accommodate the recent statutory creation of the electronic arrest warrant accompanied by an electronic arrest warrant repository system pursuant to 15 M.R.S. ch. 100, enacted by P.L. 2011, ch. 214, § 2, effective February 1, 2012. The act eliminates in large measure reliance upon paper arrest warrants and the paper arrest warrant repository system with the repeal of 15 M.R.S. ch. 99 by P.L. 2011, ch. 214 § 1. However, the act leaves in place the previously existing paper arrest warrant repositories to manage and enforce the limited number of paper warrants that will nonetheless continue to exist. See P.L. 2011, ch. 214, § 5. Although the actual application process, the grounds for issuance and who may issue an arrest warrant remains unchanged, Rule 4 is changed to address the content, management, execution and return of both electronic and paper arrest warrants. The specific changes to Rule 4 are as follows: First, because it is now necessary to provide an explanation as to the meaning of an "electronic arrest warrant" and identify those arrest warrants that will, at least initially, be issued in paper form rather than electronically, a new subdivision (a) has been added entitled "Definitions." In addition to the terms "electronic arrest warrant" and "paper arrest warrant," the preexisting definition of "clerk," formerly located in subdivision (b)(4), is relocated to new subdivision (a). The addition of the new subdivision (a) necessitates the redesignation of subdivisions (a) through (f) to be subdivisions (b) through (g), respectively. Second, newly redesignated subdivision (d)(1) respecting the content of the arrest warrant now requires an electronic signature (10 M.R.S. § 9402(8)) in the case of an electronically issued warrant rather than a physical signature as in the case of a paper warrant. Further, notwithstanding which form is employed, the content of the arrest warrant must include, when applicable, an indication that the crime charged is a crime involving domestic violence as required by 15 M.R.S. § 654(3)(D). See also 15 M.R.S. § 1003(3-A). Third, newly redesignated subdivision (e) now addresses the management of both electronic arrest warrants (paragraph (1)) and paper arrest warrants (paragraph (3)), once issued. Paragraph (2) of subsection (e) mandates that all paper arrest warrants issued by a justice of the peace, issued by any judicial officer outside of the business hours of the court, or issued during the temporary unavailability of the statewide warrant management system or other exigent circumstances pursuant to 15 M.R. S. § 654 (1), be promptly filed and entered electronically when feasible unless already executed or recalled. Further, whether an arrest warrant is issued from the outset in electronic form (paragraph (1)) or converted from an initially issued paper form (paragraph (2)), the warrant docket management system is the sole official record of the electronic arrest warrant, its execution and return or recall. Fourth, newly redesignated subsection (f) now addresses the execution of both electronic arrest warrants and paper arrest warrants. In paragraph (3) it makes clear that, unlike a paper warrant, it isn't possible to show an electronic warrant to the defendant. However, as in the case of an officer not having in his or her possession the paper arrest warrant at the time of arrest, the defendant must be informed of the crime charged and the fact that an arrest warrant has been issued. Fifth, newly redesignated subsection (g)(1) now addresses the return of both electronic arrest warrants and paper arrest warrants. The return in electronic form is as provided by 15 M.R.S. ch. 100 and the standards issued pursuant to that chapter. The return in paper form is as formerly provided by 15 M.R.S. ch. 99 and the former standards issued pursuant to that chapter. Sixth, distinct from the changes necessitated by the addition of electronic paper warrants addressed above, to enhance clarity the word "arrest" has been added preceding the word "warrant" in redesignated subdivisions (b) through (g) and the word "bench" has been added before the word "warrant" in redesignated subdivision (f)(5).