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Title:
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To approve the transfer of defendant Philip Macri's Smith & Wesson M&P firearm to the Town of Windham pursuant to 15 M.R.S.A. Section 5824(3) and Section 5826(6) on the grounds that the Town of Windham Police Department did make a substantial contribution to the investigation of this or a related criminal case.
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I. Council Action Requested.
Title
To approve the transfer of defendant Philip Macri's Smith & Wesson M&P firearm to the Town of Windham pursuant to 15 M.R.S.A. Section 5824(3) and Section 5826(6) on the grounds that the Town of Windham Police Department did make a substantial contribution to the investigation of this or a related criminal case.
Body
II. Basis for Council Action.
Council approval of this item is required because;
a. 15 M.R.S.A., section 5824 (3) requires that any asset decreed to be forfeited to any entity other that the State's general fund, must be approved by (in this case) the municipal officers.
b. Pursuant to Article II, Section 1 of the Charter "[t]he Town Council, hereinafter called the 'Council', shall be and constitute the municipal officers of the Town.
III. Issue Summary.
Property seized under drug asset forfeiture laws is not released until after the defendant has either pleaded or been found guilty, as the defendant in this case has. State law requires a public vote from the Town Council in order that the Town can accept the property, if it is forfeited by the court.
Please refer to the attached memorandum from Chief Kevin Schofield.