Eric Daigle

Southington Police Department

SCOTUS on Forfeiture: How the Federal Statute Operates When Two or More Defendants Act as Part of a Conspiracy

On June 5th, 2017, in Honeycutt v. United States,[1] the United States Supreme Court had the opportunity to take a close look at the forfeiture statute (formally known as the Comprehensive Forfeiture Act of 1984, 21 U. S. C. §853). The federal statute mandates forfeiture of any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, “as the result of” […]

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“Narcan-izing” Law Enforcement Agencies: The Age of Anti-Overdose Weaponry

By: Eric R. Atstupenas, Esq.[1] I. Introduction In a time when our law enforcement officers are responding to an alarming number of incidents involving opiate overdoses, agencies should be prepared to arm their officers with a means to reverse overdoses and save lives. In an effort to dramatically reduce the number of opioid-related deaths nationwide, countless law enforcement agencies have already initiated nasal naloxone

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Recent Trends in Terry Stops and Pat-Downs

By: Eric P. Daigle Terry stops (also known as investigatory stops) has been a useful tool for law enforcement since 1968, when the United States Supreme Court decided the case of Terry v. Ohio. [1] When used properly, Terry stops can discourage criminal activity, identify suspects, and add intelligence information to the files of known criminals. The general principles established in Terry v. Ohio

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Drafting a Policy RE: Interactions with Transgender Persons

Atty. John M. (Jack) Collins, Police Legal Advisor Martha’s Vineyard, MA Rather than waiting to be asked by a municipal official, community advocate, religious group or member of the press, chiefs have come to anticipate most “hot button” topics and to prepare for such inquiries. Adverse publicity can result quickly when police officers are accused of mishandling a transgender arrestee. Picketers on various “sides”

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Connecticut Police Officers and Open Carry Response

January 2016 v.2 This memorandum serves to remind to all officers of proper procedure when dealing with the “open carry” issues surrounding firearms. While there is confusion as to application, Connecticut law and court decisions still support open carry; and still do not require individuals to show pistol permits to law enforcement when requested to do so, unless reasonable suspicion of a crime exists.

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Developing a Policy/Procedure Manual and Meeting Accreditation Standards – MA Specific

Law enforcement agencies around the country find themselves under intense public scrutiny; here in Massachusetts our agencies are no exception. On any given day and on any given call the interaction between our staff and the citizens we serve can find its way to the Internet and local news media with the click of a cell phone. When your agency finds itself in the

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Developing a Policy/Procedure Manual and Meeting Accreditation Standards

Written By: Chief Michael J. Whalen, Esq. (Retired) Law enforcement agencies around the country find themselves under intense public scrutiny. On any given day and on any given call the interaction between our staff and the citizens we serve can find its way to the Internet and local news media with the click of a cell phone. When your agency finds itself in the

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DOJ Review of Ferguson: Is it a Blueprint?

On March 4, 2015, the Department of Justice (DOJ) released a 102-page report containing its findings from its investigation into the Ferguson Police Department. The release of this report has brought about a flood of attention from countless venues. Everyone from media, to legal experts and political analysts, and even the President of the United States has weighed in on the report. The report

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When Your Suspected EBOLA Case Is Called In, Will You Be Prepared?

Checklist For A Comprehensive Infectious Disease Response Plan Prepared by Chief Michael Whalen (Ret.) In the last several months we have seen a variety of “Ebola” events – each one with its own set of circumstances and a variety of responses. We have watched as response protocols have been published, later amended, and then changed again. The recent “win” by Nurse Kaci Hickox in

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Knock and Talk: Limited to Just the Front Door?

The United States Supreme Court held, in Carroll v. Carman,[1] that a police officer was entitled to qualified immunity because the law was not clearly established as to whether officers may utilize an entryway, other than the front door, when entering a property and conducting an inquiry under the “knock and talk” exception to the warrant requirement. On July 3, 2009, the Pennsylvania State

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