Articles Posted in Police Procedures

How Long Does It Take to Get a Search Warrant in Maine?

Published on: March 31, 2026 | by Webb Law Firm

What Is a Search Warrant?

Lawyer John Scott Webb with Super Lawyers 2020 and Peer Rated badges for ethical standards and legal ability.

A search warrant is a court-authorized document that gives law enforcement permission to search a specific location for specific evidence. Both the Fourth Amendment and Article I, Section 5 of the Maine Constitution protect people against unreasonable searches and seizures. Without this protection, police could enter your home or examine your belongings without limitation.

A search warrant differs from an arrest warrant. An arrest warrant authorizes police to take a person into custody. A search warrant authorizes officers to look for and seize evidence tied to a crime. The two serve distinct legal purposes.

What Is the Fruit of the Poisonous Tree Doctrine?

Published on: March 31, 2026 | by Webb Law Firm

What Is the Fruit of the Poisonous Tree?

Professional headshot of a middle-aged man in dark suit and blue tie against brick background.
The fruit of the poisonous tree doctrine holds that evidence obtained as a direct result of an illegal search, seizure, or other constitutional violation is inadmissible in court. This rule bars not only the illegally seized items but also any secondary evidence that flows from the violation.

The metaphor is straightforward. The “tree” is the initial unlawful action by law enforcement. This might be an illegal search, a coerced confession, or an arrest without probable cause. The “fruit” is any evidence that grows from that illegal action. If the tree is poisoned, everything it produces is tainted.

Reasonable Articulable Suspicion vs Probable Cause in Maine

Published on: November 10, 2024 | by Webb Law Firm

Maine criminal defense lawyers John Scott Webb and Vincent LoConte have a lot of courtroom experience challenging illegal stops and searches by Maine police. John is an expert on articulable suspicion and probable cause.
John Scott Webb, a Southern Maine Criminal Defense Lawyer in Saco and Portland, Explains

The key differences between reasonable articulable suspicion (RAS) and probable cause (PC) in Maine are:

Reasonable Articulable Suspicion (RAS): If you are cruising down the road in Southern Maine and you commit a traffic violation like running a red light, a Southern Maine police officer has the legal right to briefly stop and detain you. The officer can also pull you over if you are driving recklessly, for example weaving between lanes, or going 20 miles over the posted speed limit. The officer must articulate specific facts that led to their suspicion. Common factors that can establish RAS include the police officer observing traffic violations, erratic driving, or other suspicious behavior.

Maine Search and Seizure: Illegal Traffic Stops

Published on: January 11, 2024 | by Webb Law Firm

Is Maine a Stop and Identify State?

Maine is not a stop-and-identify state. No Maine statute requires you to show identification to police during a routine traffic stop or pedestrian encounter unless you are lawfully detained or placed under arrest. This distinction matters for anyone stopped by law enforcement in the Pine Tree State.

Lawyer John Scott Webb with Super Lawyers 2020 and Peer Rated badges for ethical standards and legal ability

This article covers your Fourth Amendment rights during traffic stops in Maine, what makes a stop unconstitutional, how to respond if police contact you by phone, and when you should speak with a criminal defense attorney.

Are OUI Roadblocks In Maine Legal?

Published on: June 12, 2023 | by Webb Law Firm

By Maine OUI Lawyer John Scott Webb Serving Saco and Portland ME

Maine criminal defense lawyer John Webb explains how marijuana has become legal but only in certain situations.
OUI roadblocks near me are sobriety checkpoints where police officers stop every vehicle—or a certain number of vehicles at random—to search for intoxicated drivers. These DUI roadblocks appear more frequently around holidays, when driving under the influence is more common.

This legal article explores a driver’s right to not pass through these license checks near me. So long as no traffic crime is committed, a citizen can opt to not wait for the line of drivers to be checked, and depart in the opposite direction.

Should You Refuse a Breathalyzer Test in Maine? What Happens If You Do

Published on: April 30, 2023 | by Webb Law Firm

In Maine, you are not legally required to take a roadside breathalyzer test during an OUI stop – but refusing carries automatic consequences under Maine’s implied consent law. If an officer asks you to blow into a breath testing device, you face a critical decision that could shape the outcome of your entire case. This article explains what happens when you refuse a breathalyzer test in Maine, the license suspension penalties you face, and whether refusal is a smart legal strategy. In our experience handling OUI cases across southern Maine courts, the right choice depends on your specific circumstances – and understanding Maine law before you are pulled over gives you a real advantage.

Webb Law Firm team of criminal defense attorneys in Maine

What Is a Breathalyzer Test During a Maine OUI Stop?

When people say “breathalyzer,” they usually mean any breath test used during an OUI stop. Under Maine law, two very different instruments exist – and the distinction matters.

Traffic Ticket Lawyer Near Me: Southern Maine

Published on: April 15, 2023 | by Webb Law Firm

Maine traffic ticket lawyer John Webb handles speeding tickets, reckless driving, car wrecks, and pedestrian accidents.
By: John S. Webb, Traffic Lawyer near me in Saco ME and Portland ME, with the Webb Law Firm, featuring two experienced local traffic ticket attorneys in Portland Maine and Saco Maine

Not all traffic violations justify hiring a criminal defense lawyer near me. In Maine, minor driving offenses are civil legal issues, while serious violations like driving to endanger, OUI and criminal speeding in Maine justify retaining a defense attorney in Portland or Saco to use his or her legal knowledge and relationships with local criminal courts to be your traffic ticket attorney nearby.

By way of example, with a Maine OUI arrest, that driver facing operating under the influence (OUI) charges has only 30 days to file an appeal pf the pending administrative license suspension, under Mainer’s implied consent law. If convicted you may be required to pay for installation and monitoring of a DUI interlock, an electronic device that requires a clean breath sample before your vehicle will start.

Are Traffic Tickets Fair?

Published on: June 29, 2020 | by Webb Law Firm

IMG_1832x-286x300 In Maine, your income makes no difference in how much your ticket will cost. The fine scale is predetermined and applies evenly to everyone, which seems reasonable. But is it really fair? That all depends on who you are and how much money you make. For some, a speeding ticket could be devastating and for others, it could be nothing more than a slight annoyance.

Lets say that you are driving on the interstate with a speed limit of 60MPH and you get a ticket for going 75MPH. The cost for this tickets will likely be around $200. According to datausa.io, the median household income in Maine is around $55,000 a year. That means that this ticket would be 4.36% of your household income for the month. This would perhaps be a difficult hit, but at the end of the day, would not be the end of the world. It would probably be a good incentive to be more careful and to drive slower in the future. This is exactly the hope of the law makers who set the fee scale for the ticket.

But now lets say that the NFL commissioner gets the same $200 ticket while he is at vacation house in Maine. His income, according to USA Today, is around $40,000,000 a year. That would mean the same ticket would be 0.006% of his monthly income. That type of punishment would be the equivalent of the person making $55,000 a year getting a ticket for around 28 Cents. Is there really any incentive there to follow the speed limit? There are other penalties such as possible license suspension that come with enough points on your license. But if your income is high enough, paying a driver a full time salary would be a realistic option. That is obviously not an alternative for the average Mainer.

Do I need a Lawyer if I Received a Traffic Ticket?

Published on: May 26, 2020 | by Webb Law Firm

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There is no easy answer here. It depends on your situation and why you got the ticket. When we talk about tickets in this blog, we mean civil traffic violations such as failure to signal, speeding (under 30MPH over the speed limit), failure to stop at a stop sign, and other minor traffic infractions. We are not referring to more serious criminal driving charges like Operating Under the Influence, Criminal Speeding (over 30MPH over the speed limit), or Illegally Passing a School Bus. For any criminal charge, you should always have an attorney.

If you have a Commercial Driver Licenses (CDL), drive for a living, or have any concern that the ticket could cause you to lose your license, you should absolutely speak with an attorney. Any person whose driving record shows an accumulation of 12 demerit points for convictions or adjudications within a one year period may have his or her license, permit or privilege to operate suspended for a period of up to 15 days.

Here is a short list of examples of some of the demerit point values for common traffic tickets:

Were You Charged with an OUI and Never Mirandized?

Published on: May 18, 2020 | by Webb Law Firm

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Do Police Have to Read You Your Rights?

Police have an obligation to read you your Miranda warnings before conducting a custodial interrogation. An interrogation means that the questions are designed to elicit an incriminating response. Meaning, routine questions such as what your name is, your address, and your date of birth are not considered to be interrogative. However, arrests can occur without a reading of Miranda as long as no incriminating questions are being asked of you. But, if police choose to interrogate you at any time after arresting you, your rights must be read to you before any questioning occurs.

In addition to being interrogated, you also must be in police custody in order for the Miranda laws to apply. Custody means that your freedom of action must be deprived in some way. Maine courts have traditionally held that an interrogation is custodial if a reasonable person in your shoes would have felt that he or she was not at liberty to end the interrogation and leave. Being in custody may mean that you are in handcuffs, in a police cruiser, at the police station, or other similar scenarios where you are not free to leave at your own will. But ultimately, there are many factors that are considered by courts in determining whether you were truly in police custody, which is why consulting with an attorney can be important.