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For Maine Criminal Defense, Contact Ed Folsom

For an Experienced Maine Criminal Defense Attorney – Call Ed Folsom Today at 207.710.2070 Email: ed@edfolsomlaw.com Office location: 25 Pool Street, Biddeford, ME 04005 Mailing address: PO Box 2100, Biddeford, ME 04005 Professional Associations: American Bar Association Maine State Bar Association Maine … Read More

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OUI Penalties in Maine

First OUI Offense In 10 Years This is a Class D (misdemeanor) crime, carrying a minimum mandatory $500.00 fine and, for conduct committed  on or after December 1, 2013, a license suspension of 150 days with the chance to become … Read More

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What To Expect: Maine OUI Procedures

What Happens When You Are Charged With OUI? – Maine OUI Procedures A person who is charged with OUI can expect to face legal proceedings in court for the crime of operating under the influence and an entirely independent administrative license … Read More

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What Is OUI / DUI?

OUI OUI is a crime that involves operating a motor vehicle while under the influence of intoxicants or while having an alcohol level of .08% or more.  In states other than Maine, the crime is typically designated DUI or driving … Read More

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Maine OUI Law: Ed Wrote The Book

Maine OUI Law The revised, 2018 edition of Ed’s book, Maine OUI Law is now available.  The first edition was published in September of 2011 as a legal guide for Maine attorneys who practice OUI law.  The book pulls together, in … Read More

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The Law Blog

The Law Blog

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Ed Folsom - Maine Criminal Defense Lawyer

Maine Criminal Defense Attorney – Maine OUI Lawyer

Experienced, Focused, Effective. Maine Criminal Defense Lawyer, Defending Cumberland and York Counties, Including Portland, S.Portland, Gorham, Scarborough, Biddeford, Saco, Old Orchard Beach. If you find yourself in trouble with the law, you need a Maine Criminal Defense / Maine OUI Lawyer with a depth of … Read More

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Ed Folsom, Accomplishments & Publications

Education University of Maine School of Law, J.D., 1984. University of Maine, Orono, B.A., 1979. Professional Associations American Bar Association Maine State Bar Association Maine Association of Criminal Defense Lawyers (Board of Directors 1996-2002) York County Bar Association National Trial … Read More

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Maine Criminal Defense Lawyer

Maine Criminal Defense Lawyer, Ed Folsom

Ed grew up in Bangor, Maine, and graduated from Bangor High School.  He later graduated from the University of Maine, Orono, and after working for BRS/Nike at what was then their U.S. Manufacturing Headquarters, in Saco, Maine, he started law … Read More

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Maine Criminal Law

Maine Criminal Law categorizes offenses by “Class.” People often speak of crimes in terms of misdemeanors and felonies, but in Maine crimes are no longer categorized that way. Traditionally, a felony is a crime punishable by one year or more … Read More

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Maine’s July 2019 Bar Results Are Out- The Slide Continues.

Posted by Edmund R. Folsom, Esq. September 13, 2019 (updates ongoing) Maine’s July 2019 Bar Results Are Out- The Slide Continues. How Did Maine Do On the July 2019 Bar Exam? Maine’s July 2019 bar exam results are out, and … Read More

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Double Jeopardy, State v. Armstrong, What’s it all About?

Posted by Edmund R. Folsom, Esq. August 2, 2019 Double Jeopardy, State v. Armstrong, What’s it all About?   A recent Maine Law Court case caught some media attention for its declaration that separate sentences imposed on convictions for robbery and … Read More

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Mitchell v. Wisconsin — Warrantless Blood Draws from Unconscious Suspects

Mitchell v. Wisconsin — Warrantless Blood Draws from Unconscious Suspects. Posted by Edmund R. Folsom, Esq. July 9, 2019   In Mitchell v. Wisconsin, decided June 27, 2019, the U.S. Supreme Court announced: “When police have probable cause to believe … Read More

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U.S. v. Haymond — What a Jury Must Find, But Can You Find a Jury?

U.S. v. Haymond — What a Jury Must Find, But Can You Find a Jury? Posted by Edmund R. Folsom, Esq. June 26, 2019 Background. In United States v. Haymond,  __ U.S. __ (June 26, 2019), the Supreme Court held … Read More

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Maine’s February 2019 Bar Pass Rate Worst In Nation.

Maine’s February 2019 Bar Pass Rate Worst In Nation. Posted May 19, 2019. Edmund R. Folsom, Esq.   Maine’s Overall February Pass Rate 31% — Declining Law School Admissions Standards. Maine’s February 2019 bar pass rate was the worst in … Read More

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Maine’s Law Court Slaps Down State’s Cockeyed View of Discovery Obligations.

Maine’s Law Court Slaps Down State’s Cockeyed View of Discovery Obligations. Posted by Edmund R. Folsom, Esq., April 19, 2019 In State v. Reed-Hansen, 2019 ME 58, issued April 16, 2019, Maine’s Law Court upheld the suppression of video evidence … Read More

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Sixth Amendment Center Reports on Maine’s Indigent Defense System.

Sixth Amendment Center Reports on Maine’s Indigent Defense System. Posted by Edmund R. Folsom, Esq., April 5, 2019. The Sixth Amendment Center has issued a report on Maine’s system for providing legal representation to indigent criminal defendants. The report is … Read More

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LAW COURT POINTS OUT FOLLY OF WITHIN 1,000′ OF A SCHOOL LAW.

Law Court Points Out Folly of Within-1,000’-Of-A-School Law. Posted by Edmund R. Folsom, Esq., March 15, 2019. In State v. Brown, 2019 ME 41, decided March 13, 2019, David T. Brown appealed his 4 counts of conviction for aggravated trafficking … Read More

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THE BOTTLENECK THAT IS MAINE’S OFFICE OF SUBSTANCE ABUSE.

Posted by  Edmund R. Folsom, Esq., February 25, 2019 THE BOTTLENECK THAT IS MAINE’S OFFICE OF SUBSTANCE ABUSE. In Maine, a person charged with a first-offense OUI will face a 150-day license suspension imposed administratively by the BMV, and a … Read More

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POLICE & FACEBOOK SHAMING — THE DIGITAL STOCKS.

POLICE & FACEBOOK SHAMING — THE DIGITAL STOCKS. Posted by Edmund R. Folsom, December 20, 2018. The Brunswick Police Department has joined the Auburn Police Department, publishing booking photos on their department Facebook pages of people they arrest for shoplifting.  … Read More

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OPERATING AFTER HABITUAL OFFENDER REVOCATION – “PUBLIC WAY.”

Posted by Edmund R. Folsom, Esq., December 4, 2018. OPERATING AFTER HABITUAL OFFENDER REVOCATION – “PUBLIC WAY.” The statutes that define operating after habitual offender revocation (OAR), 17- A M.R.S. §2557-A, and aggravated operating after habitual offender revocation (aggravated OAR), … Read More

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CLASS B OUI BASED ON PRIOR MANSLAUGHTER, STATE V. HASTEY.

CLASS B OUI BASED ON PRIOR MANSLAUGHTER, STATE V. HASTEY. Posted by Edmund R. Folsom, November 6, 2018. In February of 2016, Troy Hastey was charged with OUI, elevated to a Class B crime based on a 1991 conviction of … Read More

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EXIGENT CIRCUMSTANCES FOR AN OUI BLOOD DRAW, STATE V. MARTIN.

EXIGENT CIRCUMSTANCES FOR AN OUI BLOOD DRAW, STATE V. MARTIN. Posted by Edmund R. Folsom, Esq., October 28, 2018. I. Background: OUI Breath and Blood Tests, The Search Warrant Requirement and Search Warrant Exceptions. On October 23, 2018, Maine law … Read More

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THE FALSE MATERIAL STATEMENT FELONY.

THE FALSE MATERIAL STATEMENT FELONY. Posted by:  Edmund R. Folsom, Esq., October 16, 2018. A person accused of doing something that he or she does not want to admit doing will often deny it.  This is not breaking news.  For … Read More

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MAINE OUI LAW-2018 EDITION AVAILABLE NOW!

MAINE OUI LAW-2018 EDITION AVAILABLE NOW! Posted by Edmund R. Folsom, October 4, 2018. The 2018 edition of Maine OUI law is available now.   To order, please send payment in the amount of $47.00 (includes shipping and tax) to Edmund … Read More

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SEARCHES INCIDENT TO ARREST, STATE V. PAGNANI, 2018 ME 129.

Searches Incident to Arrest, State v. Pagnani, 2018 ME 129. Posted by Edmund R. Folsom, Esq. September 23, 2018 “Why do you weasel?”   Cal Kuenzel, contracts professor, Stetson University College of Law, responding to an answer given by a student … Read More

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LEMEUNIER-FITZGERALD & THE DECLARATION OF INDEPENDENCE.

LEMEUNIER-FITZGERALD & THE DECLARATION OF INDEPENDENCE. Posted by Edmund R. Folsom, Esq. Posted:  July 3, 2018 Maine’s Law Court finally issued its decision in State v. Lemeunier-Fitzgerald, 2018 ME 85, today, about 14 months after the case was argued.  As … Read More

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CARPENTER V. U.S. & CELL-SITE LOCATION INFO — WHAT’S IT ALL ABOUT?

CARPENTER V. U.S. & CELL-SITE LOCATION INFO — WHAT’S IT ALL ABOUT? Posted by Edmund R. Folsom, Esq. June 26, 2018.   WHAT IS CARPENTER ALL ABOUT? On Friday, June 22, 2018, in Carpenter v. United States, __ U.S. __ … Read More

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LEMUNIER-FITZGERALD IS SNAGGING-UP MY BOOK.

LEMUNIER-FITZGERALD IS SNAGGING-UP MY BOOK. Posted by Edmund R. Folsom, Esq. June 15, 2018. Thirteen months ago, State v. Lemunier-Fitzgerald was argued before the Law Court (Darrick Banda, trial attorney, Jamesa Drake, appellate counsel, amicus brief filed by the MACDL).   … Read More

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CALLING 911 FOR A CURE WORSE THAN THE DISEASE.

CALLING 911 FOR A CURE WORSE THAN THE DISEASE. Posted by Edmund R. Folsom, Esq. June 8, 2018 Everyone has seen news stories about people who called 911 for a ridiculous reason, such as to complain that a fast food … Read More

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AN OFFENSIVE PHYSICAL CONTACT ASSAULT FOR THE TIMES.

AN OFFENSIVE PHYSICAL CONTACT ASSAULT FOR THE TIMES. Posted by:  Edmund R. Folsom, Esq. Date:  May 22, 2018 State v. Leon, 2018 ME 70, is a criminal case for the times.  The defendant’s appeal was shot down under the well-settled … Read More

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MAINE OUI: THE DUTY TO REQUEST AN ALCOHOL TEST.

MAINE OUI: THE DUTY TO REQUEST AN ALCOHOL TEST. Posted by Edmund R. Folsom, Esq., Date:  May 15, 2018 Background. Melevsky v. Secretary of State, 2018 ME 46, creates, in at least some circumstances, an obligation for a person under … Read More

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MAINE’S CREEPILY ARBITRARY STALKING LAW.

MAINE’S CREEPILY ARBITRARY STALKING LAW. Posted by Edmund R. Folsom, Esq., April 29, 2018. “Stalking” sounds like a seriously creepy crime. It conjures images of someone hiding, creeping around, spying on and hunting another person, but in the case of … Read More

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THE SYSTEM TOLERATES ITS OWN ABUSE.

THE SYSTEM TOLERATES ITS OWN ABUSE. Posted by Edmund R. Folsom, Esq., January 20, 2018. I come to you now as a 33-plus-year denizen of Maine’s criminal justice system bearing witness to abuse; an all-too-frequent abuse of the system itself; … Read More

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SELECTED FIREARMS BANS UNDER MAINE & FEDERAL LAW.

SELECTED FIREARMS BANS UNDER MAINE & FEDERAL LAW. Posted by Edmund R. Folsom, Esq., September 30, 2017 (updated 4/16/19). On September 16, 2017, I participated as a presenter in a continuing legal education seminar, in Saco, organized by Scott Houde, … Read More

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WHY IS PUBLIC DRINKING STILL A CRIME IN MAINE?

WHY IS PUBLIC DRINKING STILL A CRIME IN MAINE? Posted by Edmund R. Folsom, Esq., September 16, 2017. Sitting in court one day recently, waiting my turn, my attention was drawn to proceedings involving a female prisoner in the dock.  … Read More

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STATE V. TURNER – DECIDING A 4TH AMENDMENT QUESTION WITHOUT RESORT TO SUPREME COURT CASE LAW.

STATE V. TURNER – DECIDING A 4TH AMENDMENT QUESTION WITHOUT RESORT TO SUPREME COURT CASE LAW. Posted by Edmund R. Folsom, Esq. August 29, 2017 In my view, Maine’s cases on whether suppression of evidence is called for by a … Read More

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A CASE OF THE TRICKY NATURE OF LEGAL ETHICS.

A CASE OF THE TRICKY NATURE OF LEGAL ETHICS. Posted by Edmund R. Folsom, Esq., June 26, 2017. Last week, in In the Matter of Robert M.A. Nadeau, 2017 ME 121, the Maine Supreme Judicial Court suspended ex-York County Probate … Read More

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SEALING MAINE CRIMINAL AND JUVENILE RECORDS.

SEALING MAINE CRIMINAL AND JUVENILE RECORDS. Posted by Edmund R. Folsom, Esq., June 20, 2017. 1. Adult Records Maine has no process for expunging criminal records.  As a general rule, once a person is convicted of a crime in Maine, … Read More

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FEDS, CRIMES, CONGRESS & HIGHEST POSSIBLE PENALTY POLICY.

FEDS, CRIMES, CONGRESS & HIGHEST POSSIBLE PENALTY POLICY. Posted by Edmund R. Folsom, Esq., May 18, 2017. Rand Paul is reintroducing legislation in the U.S. Congress, to give federal judges increased “safety valve” discretion to sentence people to less than … Read More

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BAR PASSAGE CRATERS – TOO MANY LAW SCHOOLS.

BAR PASSAGE CRATERS – TOO MANY LAW SCHOOLS. Edmund R. Folsom, Esq., April 16, 2017. It’s no secret that there are too many law schools and not enough lawyer jobs for their graduates. More than 50 new law schools have been … Read More

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OUI URINE TESTS & THE SEARCH WARRANT REQUIREMENT.

OUI URINE TESTS & THE SEARCH WARRANT REQUIREMENT. Posted by Edmund R. Folsom, Esq., March 29, 2017 This is part of my continuing efforts to explore implications of the U.S. Supreme Court’s decision in Birchfield v. North Dakota, 579 U.S. … Read More

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STATE V. BOYD- NO MAINE IMPLIED CONSENT TO BLOOD DRAWS.

STATE V. BOYD- NO MAINE IMPLIED CONSENT TO BLOOD DRAWS. Posted by Edmund R. Folsom, Esq., March 9, 2017 Recently, in State v. Boyd, 2017 ME 36, the Law Court flatly rejected the idea that Maine’s “implied consent” law can … Read More

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HOW TO GET SHOT BY A POLICE OFFICER.

HOW TO GET SHOT BY A POLICE OFFICER. Posted by Edmund R. Folsom, Esq., February 22, 2017 This past Saturday, February 18, 2017, Portland Police Sgt. Nicholas Goodman shot 22-year-old Chance David Baker at Union Station Plaza, in Portland. The … Read More

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OH NO, NOT ANOTHER “OFFICE OF THE PUBLIC DEFENDER” PROPOSAL!

OH NO, NOT ANOTHER “OFFICE OF THE PUBLIC DEFENDER” PROPOSAL! Posted by Edmund R. Folsom, Esq., February 13, 2017 Once again, there is a proposal before the Maine Legislature to establish an “Office of the Public Defender.”  As with the … Read More

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INCARCERATION ISN’T CUSTODY, DON’T FORGET VOLUNTARINESS.

INCARCERATION ISN’T CUSTODY, DON’T FORGET VOLUNTARINESS. Posted by Edmund R. Folsom, Esq., February 10, 2017 Just because a person is in jail does not necessarily mean the person is in “custody” for Miranda purposes.  The Supreme Court declared this to … Read More

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FEDERAL FIREARMS BAN FOR MARIJUANA USERS.

FEDERAL FIREARMS BAN FOR MARIJUANA USERS. Posted by Edmund R. Folsom, Esq. February 8, 2017 Recreational marijuana use became legal in Maine on January 30, 2017.  Marijuana use for medical purposes has been legal in Maine for some time now.  … Read More

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MAINE’S INCOHERENT DRUG POLICY WONDERLAND.

MAINE’S INCOHERENT DRUG POLICY WONDERLAND. Posted by:  Edmund R. Folsom, Esq. January 27, 2017 Tracing Maine drug law policy is a trip through Wonderland.  Let’s take a walk through the Wonderland of changes to the illegal drug possession statute, 17-A … Read More

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OFFERS OF PROOF- EXPERT TESTIMONY

OFFERS OF PROOF- EXPERT TESTIMONY Posted by:  Edmund R. Folsom, Esq. January 20, 2017 State v. Rourke, 2017 ME 10 (decided January 17, 2017), demonstrates the importance of thoroughness in presenting offers of proof.  Rourke was charged with OUI based … Read More

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BODY CAMS FOR SPPD–SECRET POLICY FOR USE.

BODY CAMS FOR SPPD–SECRET POLICY FOR USE. Posted by:  Edmund R. Folsom January 5, 2017 The South Portland Police Department has announced that it will soon begin equipping its officers with body cameras.  That will make SPPD the largest police … Read More

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QUESTION 1 — LEGAL WEED FOR KIDS.

QUESTION 1 — LEGAL WEED FOR KIDS. Posted by:  Edmund R. Folsom October 14, 2016 Maine Attorney General Janet Mills says passage of upcoming referendum Question 1, the Marijuana Legalization Act, will make it legal for children to possess and … Read More

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U.S. RACE & HOMICIDE NUMBERS

Posted by Edmund R. Folsom September 30, 2016 U.S. Race & Homicide Numbers   The recent article in U.S. News & World Report, “Race and Homicide in America, by the Numbers,”*  addresses inter-racial and intra-racial homicide statistics recently released by … Read More

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ABOUT THE “RIGHT TO SILENCE.”

Posted by:  Edmund R. Folsom, Esq. September 6, 2016 ABOUT THE “RIGHT TO SILENCE.” To begin, this post is for informational purposes only.  It is not legal advice and is not to be considered legal advice. A few years back, … Read More

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GOVERNOR LEPAGE’S DRUG DEALER, RACE PROBLEM.

Posted by  Edmund R. Folsom, Esq. August 29, 2016 Governor LePage’s Drug Dealer, Race Problem. Maine’s Governor, Paul LePage, recently set off a firestorm with remarks about the racial makeup of Maine’s drug dealing population.  On Wednesday, August 24, 2016, … Read More

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EXCLUSIONARY RULE, PART 3.

EXCLUSIONARY RULE, PART 3. Posted By:  Edmund R. Folsom, Esq. Date:  August 5, 2016 Alright then, let me finish this business about the illusory promise of the 4th Amendment.  Parts 1 and 2 are here https://edfolsomlaw.com/2016/07/replace-dying-exclusionary-rule/ and here https://edfolsomlaw.com/2016/07/exclusionary-rule-part-2/. What … Read More

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EXCLUSIONARY RULE, PART 2.

EXCLUSIONARY RULE, PART 2. Posted by:  Edmund R. Folsom, Esq. Date:  July 26, 2016 This is part 2 of my effort to demonstrate that we do not take the 4th Amendment seriously (part 1 is here https://edfolsomlaw.com/2016/07/replace-dying-exclusionary-rule/).  We talk as if … Read More

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TO REPLACE A DYING EXCLUSIONARY RULE.

TO REPLACE A DYING EXCLUSIONARY RULE. Posted by:  Edmund R. Folsom, Esq. Date:  July 13, 2016 In Utah v. Strieff, 579 U.S. __ (June 20, 2016), the U.S. Supreme Court continued to whittle away at the exclusionary rule. For the … Read More

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DOMESTIC VIOLENCE FIREARMS BAN- WHAT’S NEW IN MAINE?

DOMESTIC VIOLENCE FIREARMS BAN- WHAT’S NEW IN MAINE? Posted by:  Edmund R. Folsom, Esq. Date:  July 7, 2016, Updated December 4, 2018. Last year, the Maine Legislature made changes to the statute that prohibits people in various circumstances from possessing … Read More

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BIRCHFIELD V. NORTH DAKOTA & OUI IN MAINE

BIRCHFIELD V. NORTH DAKOTA & OUI IN MAINE Posted by:  Edmund R. Folsom, Esq. Date: July 1, 2016 In Birchfield v. North Dakota, 579 U.S. __ (June 23, 2016), the U.S. Supreme Court took up whether warrantless breath-alcohol tests and … Read More

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WILLIAMS V. PA, ROBE-GONE-TO-HEAD SYNDROME?

WILLIAMS V. PA, ROBE-GONE-TO-HEAD SYNDROME? Posted by:  Edmund R. Folsom, Esq. Date:  June 21, 2016   On June 9, 2016, in Williams v. Pennsylvania, the U.S. Supreme Court decided that it violated the U.S. Constitution’s 14th Amendment Due Process Clause … Read More

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