(a) Issuance of Warrant. A warrant may be issued under this rule by any justice or judge to search for and seize any schedule Z drug that is declared to be contraband and subject to seizure by 17-A M.R.S.A. § 1114. Rule 41(a), (c), (d), (e), (f) and (g) of the Maine Rules of Criminal Procedure shall govern the issuance and execution of any warrant authorized by this rule.
Rule 80I.Search Warrants for Schedule Z Drugs
Adopted November 15, 1976 · Last verified July 8, 2026
In one sentenceRule 80I lets a court issue a warrant under the Maine Rules of Criminal Procedure to search for and seize contraband schedule Z drugs, and lets a District Court judge entertain a pretrial motion to suppress evidence in a related civil violation proceeding when both parties consent.
Full Text of Rule 80I
(b) Suppression of Evidence. In a proceeding under a statute which makes the possession of a schedule Z drug a civil violation a District Court Judge may, with the consent of both parties, entertain a motion to suppress evidence prior to trial. If a question concerning the admissibility of evidence has not been determined by motion to suppress prior to trial, upon appropriate objection, it shall be determined by the District Court Judge at the time of trial.
Advisory Committee’s Notes & Reporter’s Notes
Advisory Committee’s Note — November 15, 1976
This rule is intended to implement 17-A M.R.S.A. § 1114, a section of the new Maine Criminal Code providing that a Schedule Z drug under the Code, possession of which is a civil violation, may be seized as contraband. At present, marijuana is the only drug in that category. See 22 M.R.S.A. 2383. The rule is necessary, because M.R.Cr.P. 41(b)(3), which would otherwise permit issuance of a search warrant for such purposes, does not apply in noncriminal proceedings. See M.R.Cr.P. 1. Rule 80I merely authorizes issuance of a search warrant in such circumstances. The provisions of M.R.Cr.P. 41 govern details of issuance and execution.
The provisions of the rule are made applicable in the District Court by the simultaneous adoption of D.C.C.R. 80I.
Plain-English Summary
A justice or judge can issue a warrant to search for and seize a schedule Z drug declared contraband and subject to seizure under 17-A M.R.S.A. § 1114, with the issuance and execution of that warrant governed by the corresponding subdivisions of Rule 41 of the Maine Rules of Criminal Procedure.
In a civil violation proceeding built on a statute that makes possessing a schedule Z drug a civil violation, a District Court judge can, with both parties' consent, hear a pretrial motion to suppress evidence. If the admissibility of evidence hasn't been resolved that way before trial, the judge decides it at trial when properly objected to.
Frequently Asked Questions
What law governs how a schedule Z drug seizure warrant is issued and executed?
Rule 41(a), (c), (d), (e), (f), and (g) of the Maine Rules of Criminal Procedure, which Rule 80I incorporates for this purpose.
Can evidence be suppressed before trial in a schedule Z civil violation case?
Yes, but only with the consent of both parties; a District Court judge can then entertain a pretrial motion to suppress.
What happens if a suppression issue isn't resolved before trial?
The District Court judge decides the admissibility question at trial itself, upon a proper objection.
Source & verification. The rule text and Advisory Committee’s Notes / Reporter’s
Notes are reproduced verbatim from the official Maine Rules of Civil Procedure (Me. R. Civ. P. 80I), prescribed by the
Supreme Judicial Court of Maine (4 M.R.S. § 8, the Rules Enabling Act). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: schedule Z drug warrant Mainesuppression motion civil violation