130th MAINE LEGISLATURE
FIRST REGULAR SESSION-2021
Legislative Document No. 417
H.P. 301 House of Representatives, February 10, 2021
An Act To Protect Maine's Drivers from Pretextual Traffic Stops
Received by the Clerk of the House on February 8, 2021. Referred to the Committee on
Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed pursuant to
Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative MORALES of South Portland.
Cosponsored by Representatives: HARNETT of Gardiner, TALBOT ROSS of Portland,
WARREN of Hallowell.
Printed on recycled paper
1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 15 MRSA §458 is enacted to read:
3 §458. Pretextual traffic stops
4 A law enforcement officer as defined in Title 17-A, section 2, subsection 17 may not
5 stop a motor vehicle an occupant of which the law enforcement officer suspects is engaging
6 in criminal activity for a violation under Title 29-A, chapter 5, 15, 17 or 19 not related to
7 the suspected criminal activity. Evidence of criminal activity obtained pursuant to a motor
8 vehicle stop in violation of this section may not be used in any criminal proceeding.
9 SUMMARY
10 This bill prohibits a law enforcement officer from stopping a motor vehicle an occupant
11 of which the law enforcement officer suspects is engaging in criminal activity for a motor
12 vehicle violation not related to that criminal activity. The bill also provides that evidence
13 obtained in a traffic stop in violation of this provision may not be used in any criminal
14 proceeding.
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