LD 382
pg. 1
LD 382 Title Page An Act to Require a Minor Who is the Underlying Cause of a Liquor Violation to ... Page 2 of 2
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LR 959
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 28-A MRSA §2207 is enacted to read:

 
§2207.__Requirement to produce identification

 
1.__Authority to request identification.__A law enforcement
officer who has reasonable and articulable suspicion to believe
that a violation of law has taken place or is taking place
because a minor is present on premises may stop and detain the
person who the officer suspects is a minor for the purpose of
requiring that person to provide reasonably credible evidence of
the person's name, address and date of birth.

 
2.__Immediate release.__If the person provides the officer
with reasonably credible evidence of the person's name, address
and date of birth, the officer immediately shall release the
person unless the person has committed or is committing a
violation.

 
3.__Verification of identity.__If the person provides the
officer with evidence of that person's name, address and date of
birth and the evidence does not appear to be reasonably credible,
the officer shall attempt to verify the evidence as quickly as
possible.__During the period that verification is being
attempted, the officer may require the person to remain in the
officer's presence for a period not to exceed 2 hours.__During
this period, if the officer reasonably believes that the
officer's safety or the safety of others present is threatened,
the officer may search for any dangerous weapons by external
patting of the person's outer clothing.__If in the course of the
search the officer feels an object that the officer reasonably
believes to be a dangerous weapon, the officer may take such
action as is necessary to examine the object, but may take
permanent possession of the object only if it is subject to
forfeiture.__The requirement that the person remain in the
presence of the officer does not constitute an arrest.

 
4.__Failure to provide reasonably credible evidence.__After
informing the person of the provisions of this section, the
officer may arrest the person if the person intentionally refuses
to provide any evidence of that person's name, address or date of
birth or the officer, after attempting to verify the evidence as
required, has probable cause to believe that the person
intentionally failed to provide reasonably credible evidence of
the person's name, address and date of birth.

 
5.__Verification subsequent to arrest.__If, at any time
subsequent to an arrest made pursuant to subsection 4, it appears
that the evidence of the person's name, address and date of birth
was accurate, the person must be released from custody and any


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