Maine Revised Statutes Title 16 Sec. 644 – Exceptions
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1. Consent of owner or user. When disclosure of portable electronic device content information is not prohibited by federal law, a government entity may obtain the information without a warrant with the informed, affirmative consent of the owner or user of the portable electronic device concerned, except when the device is known or believed by the owner or user to be in the possession of a 3rd party authorized to possess the device by the owner or user.
[PL 2019, c. 489, §9 (AMD).]
Terms Used In Maine Revised Statutes Title 16 Sec. 644
- Content information: when used with respect to any wire, oral or electronic communication, includes any information concerning the substance, purport or meaning of that communication. See Maine Revised Statutes Title 16 Sec. 641
- Electronic communication service: means a service that provides to users the ability to send or receive spoken or electronic communications. See Maine Revised Statutes Title 16 Sec. 641
- Government entity: means a state or local government agency, including but not limited to a law enforcement entity or any other investigative entity, agency, department, division, bureau, board or commission or an individual acting or purporting to act for or on behalf of a state or local government agency. See Maine Revised Statutes Title 16 Sec. 641
- Owner: means the person or entity having the legal title, claim or right to a portable electronic device. See Maine Revised Statutes Title 16 Sec. 641
- Portable electronic device: means a device that is portable and electric that enables access to, or use of, an electronic communication service or remote computing service. See Maine Revised Statutes Title 16 Sec. 641
- Remote computing service: means computer storage or processing services provided by means of an electronic communication service. See Maine Revised Statutes Title 16 Sec. 641
- Serious physical injury: means :
A. See Maine Revised Statutes Title 16 Sec. 641User: means a person or entity that uses a portable electronic device. See Maine Revised Statutes Title 16 Sec. 641
2. Consent of owner or user not required if content information public. Notwithstanding subsection 1, a government entity may obtain content information without a warrant if the content information is otherwise disclosed by anyone in a publicly accessible domain, including, but not limited to, on the Internet.
[PL 2013, c. 402, §1 (NEW).]
3. Emergency. When a government entity cannot, with due diligence, obtain a warrant in time to address an emergency that involves or is believed to involve imminent danger of death or serious physical injury to any person, a government entity may obtain the content information from a portable electronic device without a warrant, and a provider of electronic communication service or remote computing service may disclose such information to the requesting government entity without a warrant.
[PL 2019, c. 489, §9 (AMD).]
Revisor’s Note: §644. Exceptions to warrant requirement (As enacted by PL 2013, c. 409, § 1 is REALLOCATED TO TITLE 16, SECTION 650)
SECTION HISTORY
RR 2013, c. 1, §31 (RAL). PL 2013, c. 402, §1 (NEW). PL 2013, c. 409, §1 (NEW). PL 2019, c. 489, §9 (AMD).