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shall attempt to verify the evidence as quickly as is reasonably | | 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 requires, the officer may search for any | | dangerous weapon by an 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. |
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| | | After informing the person of the provisions of this subsection, | | the officer may arrest the person either if the person | | intentionally refuses to furnish any evidence of that person's | correct name and, address or date of birth or if, after | | attempting to verify the evidence as provided for in this | | subsection, the officer has probable cause to believe that the | | person has intentionally failed to provide reasonably credible | evidence of the person's correct name and, address or date of | | birth. |
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| | | 3. If, at any time subsequent to an arrest made pursuant to | | subsection 2, it appears that the evidence of the person's | correct name and, address and date of birth was accurate, the | | person must be released from custody and any record of that | | custody must show that the person was released for that reason. | | If, upon trial for violating subsection 2, a person is acquitted | on the ground that the evidence of the person's correct name and, | | address and date of birth was accurate, the record of acquittal | | must show that that was the ground. |
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| | | Sec. 5. 17-A MRSA §751, sub-§1, as amended by PL 1997, c. 351, §2, is | | further amended to read: |
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| | | 1. A person is guilty of obstructing government | administration if the person uses intentionally interferes by | force, violence or intimidation or engages in any criminal act | with the intent to interfere by any physical act with a public | | servant performing or purporting to perform an official function. |
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| | | Sec. 6. 17-A MRSA §1158, as amended by PL 2003, c. 143, §7, is | | repealed. |
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| | | Sec. 7. 17-A MRSA §1158-A is enacted to read: |
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| | | §1158-A.__Forfeiture of firearms |
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