November 1986
LawEnforcement Bulletin
A Special Report November 1986, Volume 55, Number 11
00®@@@[j'@l}u 1 The Police Foundation: A Special Report By Thomas J. Deakin
ll:,&:~w ~IJU g® U'©® [)i]i) @(]\) ~ 12 Fighting Fear in Baltimore County: 00® 0@ The COPE Project By Cornelius J . Behan
lMJ@[ii)@@@[)i]i)@[ii)~ 16 The Nature of Police Authority By Donald C. Witham and Stephen D. Gladis
lMJ®[ii)@@@uuu@OD~ 21 Law Enforcement Career Management: Planning for Promotion By Thomas Mahoney
ll:,®@®O ©o@®@~ 25 Urinalysis Drug Testing Programs for Law Enforcement (Part II) By Jeffrey Higginbotham
31 Wanted by the FBI
TheCover: ~ With the Police Foundation vertical logo, the cover DO symbolizes the foundation "Crime File" v i d eo project. Law Enforcement Bulletin
United States Department of Justice Published by the Office of Federal Bureau of Investigation Congressional and Public Affairs, Washington, DC 20535 William M . Baker. Ass1stant Director
Wi lliam H. Webster, Director Editor-Thomas J. Deaki n Assistant Editor- Kath ryn E. Sulewski The Attorney General has determined that the Art Director-Kevin J. Mulholland publlcatron of thrs periodrcat is necessary in the Production Manager-Marlethra S . Black transacti on of the public busine ss required by law Reprints- Beth Corb in of the Department of Justice . Use of funds for printrng this periodical has been approved by the Orrector of the Office of Management and Budget through June 6 , 1988.
ISS N 0014-5688 USPS 383-3 10 The Police Foundation A Special Report The dramatic opening moments of are important to the public, the public's By the Police Foundation 's series of elected policymakers, and to the police THOMAS J . DEAKIN "Crime File" videos are remin iscent of themselves . The newly appoi nted Special Agent/Ed itor, President of the Police Foundation, the popular "Hill Street Blues " televi FBI Law Enforcement Bulletin sion series: Scenes of officers at role Hubert Williams, wants to increase the call , on patrol , in raids , end ing with a foundation 's support of law enforce courtroom scene. More realistic than ment agencies seeking to adopt more commercial television , these videos, effective means to accomplish their produced by the Police Foundation un missions. Generating public and der a grant from the National Institute policymaker support of innovation, a of Justice, contain thoughtful, balanced purpose of these "Crime File" televi analyses of issues affecting police sion productions, is one way of helping work today. law enforcement to achieve this goal. These half-hour programs , a new medium for dissemination of research results and debate in criminal justice,
November 1986 I 1 The Pol ice Foundation was ini thus police must be close to the citi tially best known for its year-long zens they serve . This belief is now a Kansas City Preventive Patrol Experi tenet of police practice that has helped ment, conducted with the cooperation to foster today 's neighborhood policing of Clarence M . Kelley, then Chief of programs and a variety of other pro the Kansas City, MO, Police Depart grams designed to bring police and the ment. Completed in 1973, this study citize nry closer together. showed that the leve l of preventive po Other Police Foundation operating lice patrol did not affect the crime rate assumptions include : or citizens ' fear of crime. ·,'That t he police must be willing to Thi s conclusion caused a re examine their practices and question Special Agent Deakin examination of one of policing's basic and experiment with the ways they tenets, that crime is prevented by ran use their resources; That the police dom police patrol. Perhaps as impor must be prudent and civil in the tant, the study opened policing's door ways they use their discretion , espe to experimentation by showing that ex cially in the use of force ; That to be periments could be conducted while a effective in controlling crime and police department carried out its re maintaining orde r in the diverse sponsibilities to life and property. This communities of the nation's cities, was one of the goals of the Police police departments should actively Foundation : To overcome natural po hire and promote members of minor lice objections to experimentation , ob ities and women ; That, because of jections based on fear the process cutbacks in local funding for many would interfere with normal operations pol ice departments the police must and obl igations. do more with less."2 What is the Police Foundation and In many ways, especially the last, what is it trying to accomplish? What these as sumpti ons are today gov has been its impact on policing? How erning the ways police do their job. Ex will the foundation 's work affect the fu periments with ways of using re ture of policing? sources, prudence in the use of force ''The mission of the Police Founda (also as mandated recently by the Su tion is to foster improvement and in preme Court), and hiring and novation in American policing and, promoting minorities (the number of thus, to help the police in their mis black chiefs of polic e has greatly in sion of reducing crime and disorder creased in recent years) are ways in in America's cities."1 which the police are seeking to do Beyond this basic miss ion state more w ith les s, as evidenced in the ment, underlying assumptions about pages of this Bulletin . police work guide the foundation ; over the last 16 years, these assumptions Ford Foundation Origins have become guiding standards for On Ju ly 1 , 1970, McGeorge much of American policing . Th e foun Bundy, President of the Ford Founda dation believes that the control of tion, met with then FB I Director cri me and the maintenance of order J. Edgar Hoover and outlined the Ford depend on the cooperation of citizens, Foundation 's plan to begin a Police Development Fund , which would have $30 million to spend over the next 5 years. Three weeks later, on July 22,
2 I FBI Law Enforcement Bulletin "'The mission of the Police Foundation is to foster improvement and innovation in American policing ...."'
Bundy held a press conference in New The report noted that America had periments and demonstrations aimed York City to announce the fund, which real ized in recent years that there was at improving operations, and to sup would make grants to police depart a "se riously high incidence of crime" port special education and training ments to bring about major reforms. and the "system of criminal justice is projects." The fund would join with At the press conference, Bundy inadequate for its prevention or the ap Federal, State, and local agencies in introduced Ivan Allen, Jr., former prehension of criminals." The 1965 order to increase its impact. Mayor of Atlanta, GA, who would be Presidential Commission report, "The James Q. Wilson, today's Chair the chairman of the board of the new Challenge of Crime in a Free Society," man of the Board of Directors of the organization. The board would include re commended far-reaching improve Police Foundation and a Professor of members of the legal, academic, and ments, and later reports from the Com Government at Harvard University, told police communities, including Quinn mission on Civil Disorders (the Kerner the Bulletin that the Police Foundation Tamm , Executive Director of the Inter Commission) and the Commission of took its present name immediately af national Association of Chiefs of Police the Causes and Prevention of Violence ter the Ford Foundation announce (IACP) and a former FBI executive. (the Eisenhower Commission) added ment of the formati on of a Police De Executive Director of the fund would significant observations on the need velopment Fund , to avoid any be Charles H. Rogovin, former head of for more effective policing. connotation that the ''fund" was to im the Law Enforcement Assistance Ad These commission reports ob prove policing in the manner of improv ministration and previously an Assist served that a fundamental attack on ing underdeveloped countries. ant Attorney General of Massachu crime would require a national effort to Wilson, an original member of the setts. lessen poverty, slums, ill health, and il board of directors, said that a differ Other members of the board with literacy, but the Ford Foundation said ence in po licy priorities between the police backgrounds included Michael remedies to the criminal j ustice system board and the Police Foundation's first Canlis, then President of the National "cannot wait for action on the full range President, Charles H. Rogovin, led to Sheriff's Association; Hubert Locke , of our social ills." Noting that Federal the selection of Patrick Murphy as the former Deputy Police Commissioner of funds would be available in the 1970's new chief executive officer of the foun Detroit and a professor at Wayne State to assist local police for the first time dation in 1973. The board wanted a re University; David McCandless, Direc (the Law Enforcement Assistance Ad search focus for the foundation while tor of the Southern Police Institute in ministration) , the foundation expressed Rogovin, the board felt, was more in Lou isvil le, KY; Lawrence Pierce, a concern whether our society would terested in an emphasis on po l ice former Deputy Commissioner of the end up with more of the same system leadership development and training. 6 New York City Police Department; and or with "something new and signifi Another membe r of the Police Stanley Schrotel, former Chief of Po cantly different" in policing , because: Foundation's Board of Directors noted lice in Cincinnati.3 "We leave to the police many of so that the board is self-perpetuating; A report on the newly established ciety's problems, whether or not they members elect new members as va police development fund was issued at are equipped to handle them. We cancies occur, and there is now a the press conferen ce. In the foreword have neither articulated a precise 6-year term of office for members of by McGeorge Bundy, the social role for them in combatting crime, the board. The board , in the main , de changes of the 1960's were outlined nor structu red their broader role in pends on the Police Foundation staff as reasons for this new Ford Founda the community. Nevertheless, when to present potential research topics tion effort: ever the lid blows, we call the which the board considers ? ''The need for reinforcement police." 5 Preventive Patrol Experiment and change in police work has be The Ford Foundation established The first study to impact police op come more urgent than ever in the a $30 million fund to "assist a limited erational practices was the landmark last decade because of rising rates number of police departments in ex Kansas City Preventive Patrol Experi of crime, increased resort to vio ment. Conducted from October 1, lence, and rising tension, in many communities, between disaffected or angry groups and the police." 4
November 1986 I 3 "'whenever the lid blows, we call the police."'
1972, to September 30, 1973, this strategy which assumes that the im Victimization surveys before and study showed that increasing or de pression of police omnipresence on after the experiment , reaching a total creasing the level of routine preventive the streets through cruising patrol cars of 1 ,200 households, also determined patrol had no appreciable effect on will deter potential offenders. the fear of crime and attitudes of citi crime, fear of crime, or citizen satisfac The principal spokesman for this zens and businessmen toward police. tion with police services. widely accepted theory of preventive The three sets of experimental patrol As Murphy's foreword to this re patrol had been 0. W. Wilson, a vet conditions-reactive, proactive, and port noted : eran of the Berkeley Police Depart control-appeared not to affect crime, "It is not easy for police depart ment, Chief of Police in Wichita, KS , delivery of police services, or the fear ments to conduct operational experi and a prominent academic theorist on of crime in the way police often as ments. For one thing, maintaining police issues. Later, he was the Super sume they do. Even one fear of the ex experimental conditions cannot be intendent of Police in Chicago. As Mur perimenters, that traffic accidents permitted to interfere with police re phy noted : would increase in the reactive group of sponsibility for life and property.''6 "
4 I FBI Law Enforcement Bulletin Foundation experimental methods that ence of six California cities; Police Re Deadly Force produced valid conclusions. The few sponse Time not strongly affecting Consistency in his views on police earlier analyses of policing had not citizen satisfaction with police service use of deadly fo rce is one mark of been accepted by the law enforcement in Kansas City, MO (1976); and differ Patrick Murphy's innovative ph i loso community because the research ent approaches to criminal apprehen phy . When he was Po l ice Commis methods or the data had been found sion in Kansas City were published in sioner of New York City, he changed lacking in some aspects. 1976, along with Police Chief Selec the department's pol icies in th is area, Some of the issues addressed in tion: A Handbook for Local modeling them after the long 1974, the year of the Kansas City Government. established FBI pol icy of using fire patrol experiment, included the subject The next year brought a report on arms only when necessary to protect of policewomen on patrol in Washing Patrol Staffing in San Diego (1977) , a the lives of officers or citizens, not to ton, DC. The Police Foundation report most important study of the compara shoot those fleeing from a crime. In his concluded that gender is not a legiti tive effectiveness and safety of one- or testimony before the House District mate occupational qualification for two-officer units which concluded that Committee, Murphy noted that restric patrol work. This year also saw publi one-officer units are more efficient and tions on the use of deadly force can cation of Guidelines and Papers from safer. This year saw the results of ease po lice-citizen tensions that lead the National Symposium on Police La studies in Detroit and Kansas City to urban unrest. As he put it: bor Relations, jointly sponsored by the showing the importance of threats as ''The most distinctive character IACP and the Police Foundation. The predictors of domestic violence (Do istic of policing is the authority to use next year, 1975, brought a study of of mestic Violence and the Police, 1977), force . But with this authority comes ficer height and its relationship to se a critical area to police patrol officers . the responsibility never to misuse it. lected aspects of performance ; a study The hard-to-maintain , but useful , team This responsibility translates into an of the cost and impact of police corrup policing concept as an alternative to imperative on the part of pol ice man tion; and an experiment in San Diego, traditional patrol methods was detailed agement to control police discretion CA, that showed the value of field in (Cincinnati Team Policing Experiment, so that officers employ only that de terrogation in deterring certain crimes, 1977). gree of force necessary to do their Performance Appraisal in Police particularly those committed by youths job fairly and humanely. Departments, Police Personnel Man in groups. "The use of force at its most ex agement Information Systems, and Then, in 1976, there were reports treme is the use of deadly force Selection through Assessment Cen on experiments that addressed the which can be described as the deci ters: A Tool for Police Departments peer review approach to modifying the sion of a police officer to point a were all the subjects of 1977 reports. behavior of police officers (Kansas City service revolver at another human The next year brought a general Peer Review Panel, 1976); the effec being and fire it. This is the most administrative survey, Police Prac tiveness of patrol officers and detec momentous decision a human being tices, 1978, which was a continuation tives working in teams in Rochester , can make-to take another life. of a study begun in 1951 by the NY (Managing Investigations, 1976); a "Limiting the frequency of such Kansas City PoliCEl Department, and study of three intervention ap decisions is one of the most impo r the history of a failed attempt to bring proaches-authority, negotiation, and tant goals for the police chief and for about radical change in a major Ameri counseling-which led a majority of of the police agency."13 ficers in the experiment to decide that can police department (The Dallas Ex Six years later, the U.S . Supreme negotiation was the most important ap perience, 1978). Court confirmed Murphy's, and th e proach for recruits to learn (The Police The quality and quantity of these experiments and reports brought credi t FBI's, views on law enforcement's use and Interpersonal Conflict, 1976). Po of deadly force for all the Nation's lice personnel exchanges, the experi to the Police Foundation and to the so cial scientists who designed and imple police. This concern with police use of mented these pioneering studies. In a deadly force was also seen in the Po single decade, the Police Foundatio n lice Foundation 's review of the litera- had become a force for change and improvement in American policing .
November 1986 I 5 "[Murphy's] long-range impact on American policing nationally probably will be judged by students of police history as significant as that of August Vollmer or J. Edgar Hoover."
ture on the subject and a survey of to impose order in a community), and ther reported crime or crime victimiza seven cities' use of it in a 1977 report, the "community service" mode, where tion, (3) foot patrol would increase the Police Use of Deadly Force, followed police recognize their dual roles of number of arrests, and (4) foot patrol in 1981 by Readings on Police Use of crime prevention and order mainte would increase job satisfaction of offi Deadly Force, edited by American Uni nance, plus miscellaneous service du cers assigned it. versity professor James J. Fyfe. Fyfe ties . While some suburban depart The complexities of conducting is a former lieutenant with the New ments have long had this last style of the overall New Jersey survey, andes York City Police Department, where he policing and some big city departments pecially the Newark experiment, fill a served for 16 years, and today is rec are moving in this direction, more 130-page report (The Newark Foot ognized as one of the foremost author needs to be done, according to Wilson. Patrol Experiment, 1981 ), which af ities in this field. Fyfe's anthology of People want a ''visible police pres fords a perception of the difficulties major articles from authorities on po ence" to improve the quality of life in faced by the researchers in such a lice use of deadly force includes two their communities, recent studies have project. But the findings developed that originally appeared in the FBI Law shown, according to Wilson, and this shed new light on foot patrol: Enforcement Bulletin written by an FBI requires at least some police foot (1) Residents were aware of foot patrol Agent in the Legal Counsel Division. patrol. The Kansas City preventive to a much greater extent than motor This valuable collection of articles patrol experiment early on showed that ized patrol and viewed police more fa was in response to the many requests random motor patrol did not materially vorably as a result, (2) crime rates, of the Police Foundation for informa affect the crime rate or the communi measured by reported crime or by vic tion on deadly force. As Fyfe noted: ty's fear of crime. The most promising timization surveys, were not affected, "Often these requests come from developments for actually having an (3) residents perceived diminishment small and medium sized jurisdictions impact on the crime rate are the pro of crime and disorder problems, and in which single shootings have made grams targeted at removing high-rate (4) officer job satisfaction did increase. deadly force a major concern. In repeat offenders from the streets. As Murphy's preface to this report some cases, that concern has also As a young patrolman in New notes: expressed itself in disorder, protests, York City after World War II, Patrick "One of the questions citizens and tensions which have led to the Murphy learned the value of contact most asked of mayors, council mem downfall of city administrations and with the citizens he served on foot bers, and police chiefs is, 'Why don't police chiefs, and in enormous bur patrol. In New Jersey, passage of the we have foot patrol , like in the good dens to taxpayers. "1 4 Safe and Clean Neighborhoods Pro old days?' The good old days were a Fyfe currently is directing an ex gram in 1973 made State funds avail time of tightly knit urban neighbor periment, funded by the Metro Dade able for foot patrol in selected cities hoods ... and few patrol cars in County, FL, Police Department, that is {28 in 1975, rising to 32 in 1980) in which officers could be encapsu designed to identify techniques useful compliance with State criteria. Two lated and made remote from the citi in defusing potentially violent police thirds of the $12 million allocated was zens they served .. .. Citizens asso encounters with citizens. available for the "s afe" part of the pro ciate the officer on the foot beat with gram. As a result of inquiries from a time when crime rates were low Foot Patrol State officials to the Police Foundation and they felt secure in their In 1968, James 0. Wilson wrote of as to the cost-effectiveness of this pro neighborhoods. the three major styles of policing in gram, the foundation undertook a "
6 I FBI Law Enforcement Bulletin Domestic Violence assault without having witnessed the Perception of citizen safety, on the assault, allowed design of a classic part of women especially, entered into lottery-type experiment. The three dif the Minneapolis Domestic Violence ferent responses being tested-arrest, Experiment , which took place over a counseling, and separation-were year and a half in 1981 and 1982. Un governed by a color-coded set of re der a grant from the National Institute port forms for officers' use, alternating of Justice (NIJ), a cooperative effort on colors d ictated the response the offi the part of the Minneapolis Police De cers were to follow in each case. partment and the Police Foundation Followup interviews by a fema le tested police responses to domestic vi staff, plus criminal justice reports on olence, which is "the staple and bane the alleged assailants, were collected of every patrol officer's work life," ac for 6 months after the experiment in cording to former police officer James the 314 cases studied. Only 3 of the K. Stewart, now NIJ Director. 136 suspects arrested received formal As the Police Foundation sum sanction from a judge, but all spent the mary report on this project noted , this night in jail. The Police Foundation Re "was the first scientifically controlled port on this experiment carefully notes test of the effects of arrest for any all the variables that might have af fected the results, but the clear conclu James Q. Wilson, Chairman of the Board of the crime." And the experiment showed Police Foundation, is the moderator of the Crime that of the three standard methods po sion is that arrest has the best poten File videos. lice use in responding to domestic tial of reducing repeat violence i n violence-arrest, counseling both par these types of cases. This could have lence, foot patrol, gun control, prison ties , or sending assailants away from tremendous impact on legislative ac crowding, jail, search and seizure, vic home for several hours-arrest was tion in other States that would effect tims , etc.-these tapes can be used the most effective response as it re police actions in domestic violence before community gatherings to sulted in considerably less cases. broaden perspectives for citizens and recidivism. 16 their community leaders, according to "Crime File" Videos The purpose of this experiment NIJ. The FBI is also using the tapes as was to test the validity and effective Domestic violence, like the police part of its nationwide police training ef ness of 1) the traditional police re use of deadly force, is also the subject fort, as the programs present authori sponse of doing as little as possible in of a "Crime File " video, a new medium ties in each area who address all sides domestic violence cases because the for the Police Foundation. Funded by of sometimes controversial issues. offenders would not be punished by the National Institute of Justice {NIJ), Professionally taped at a public televi the courts, 2) the psychologists' view part of the U.S. Department of Justice, sion station in Washington DC, th e that police mediate these disputes, but the "Crime File" is a series of 22 half whole series of p rog rams , with study not make arrests, or 3) the approach hour video presentations that the NIJ guides, is available for under $400 recommended by the Police Executive calls a "quick course in criminal jus from the NIJ. Research Forum and by many wom tice." Four-page study guides have Moderator of these programs is en's groups that police treat domestic been developed for each program to James Q. Wilson , Chairman of the Po violence as a criminal offense subject supple ment the visual information with lice Foundation's Board of Directors, to arrest. necessary historical background and additional sources. Previous research in this area To obtain tapes of the Crime File Covering a broad range of suggested that arrests take place in series, wr ite National Criminal Jus topics-deadly for ce, domestic vio- less than 10 percent of the cases, in tice Reference Service. Box 6000 spite of violence in one- to two-thirds BCD, Rockville, MD 20850, or call of the incidents. Recently liberalized 800-851-3420. legislation in Minnesota, allowing po lice to make arrests for misdemeanor
November 1986 I 7 '"[The Kansas City Preventive Patrol Experiment] ranks among the very few major social experiments ever to be completed.. .."' who selected the topics and questions implementing the results of research. specific issues, the next area to be ad for these videos. Wilson's even In addition, Williams said the founda dressed should be the overall effec handed appearance as moderator tion seeks to develop centers of exper tiveness of police departments and adds credence to the authority and tise to assist police agencies in dealing their personnel. balance of the programs . Some of the with problems as diverse as the threat Williams called drug problems the videos include presentations by vet of domestic terrorism , the growing inci most pressing domestic concern of the eran police officers who participated in dence of liability suits, and the chal whole society. He noted its close ties Police Foundation experiments, which lenge of developing and using reliable, to the overall crime problem; that nar add a great deal of weight, particularly practical measures of police cotics addicts are usually unemploya in the Newark Foot Patrol Experiment effectiveness. ble and have to support their habit for example. "In all of our efforts, we will con through street crime, often in poorer tinue to anchor our work in our constit neighborhoods. He sees the unem Change in Leadership uency, the pol ice departments of ployed of America, often uneducated, Patrick Murphy's ret irement in Ame rica," said Williams. becoming "soldiers in the drug armies" 1985 requires an examination of future He noted that the Ford Foundation that are growing across this country. 19 developments that can be expected originally funded the Police Foundation under the law-trained Newark police for a 5-year period. But because of the Current Projects executive who succeeded Murphy as organization's contributions to policing Brian Forst, Director of Research the new President of the Foundation. and society, the Ford Foundation has for the Police Foundation , told the Bul Murphy and the new President, Hubert seen fit to continue its support of the letin that recently completed founda Will iams , had been chiefs of police be Police Foundation, helping to trans tion projects includes the Houston and cause the board, as Chairman Wilson form it into the permanent entity it is Newark Fear Reduction Experiment. A explained, wanted to preserve the today. summary report was published this "strong roots" of the Police Foundation The Police Foundation currently is year by the Police Foundation in the law enforcement community by exploring endowment possibilities from (Reducing Fear of Crime in Houston choosing presidents with practical ex the private sector and has taken on and Newark: A Summary Report, perience. Wilson sees this policy con projects, on a selective basis, from the 1986) . Since the 1980 Figgie report on tinuing for the foreseeable future .16 Federal Government to help accom the fear of crime, the existence of this Hubert Williams, for 12 years a plish its mission. For example, the fear has been targeted by a number of Newark, NJ, police officer who special "Crime File" video series, the strategies. The foundation and NIJ de ized in undercover narcotics work, and Minneapolis Domesti c Violence Experi sig ned a testing program for many of since 1974, the Po li ce Director in ment, and a project on reducing fear of these strategies and found that open newark, was selected as President of Crime in Houston and Newark were all ing neighborhood police stations and the Police Foundation in 1985. undertaken with grants from the Jus stimulating formation of neighborhood Williams' undergraduate degree is tice Department's National Institute of organizations works best for com from John Jay College of Criminal Jus Justice. bating fears of white, middle-class tice and he holds a law degree from The current President of the foun homeowners , but is less effective in Rutgers University School of Law. dation observed t hat a long-stand ing rental neighborhoods. The most suc William s told the Bulletin that the need of police executives was a cessful programs , such as neighbor overall mission of the Pol ice Founda means , or combination of means , of hood police centers, door-to-door con tion will continue to be to improve objectively evaluating the effectiveness tacts, community organizing by police, American policing and the principal of their agencies. This has to be cou and the coordination of se veral such tool to realize this mission will continue pled with means of measuring the ef approaches, had two characteristics in to be experimental research in the fe ctive ness of their personnel; arrest common : field. But Williams said the foundation statisti cs are only a small part of the -They provided time for police to seeks to do more through technica ~ as answer to this need. Since the Police have frequent discussions with citi sistance to he lp police departments in Foundation has developed methodol ogy to measure the effect iveness of some law enforcement programs on
8 I FBI Law Enforcement Bulletin Director William H. Webster meets with Patrick V. Murphy (left) , former President of the Police Foundation, and Hubert Williams (right), the new President of the Foundation.
problem is the beginning of a new Po lice Foundation focus on law enforce ment and the narcotics problem, which will be the subject of a future article in the FBI Law Enforcement Bulletin. 20
The Future FBI Director William H. Webster, speaking last May 17 at Patrick Mur phy's retirement as President of the Police Foundation, said that the "foun dation has responded well to the chal lenge of the hard question." In ac cepting the first Patrick V. Murphy Award in law enforcement leadership, established by the foundation's direc tors, Webster praised Murphy's "aspi _.,\ rations for effective, Constitutional law ' \ enforcement." Clarence M. Kelley , the former zens who were encouraged to ex A summary report on the Wash Chief of Police in Kansas City who press their concerns about their ington, DC, repeat offender study was worked closely with the Police Founda neighborhoods, and published in July 1986 (Catching Ca tion on its earliest projects, became a -They relied upon the initiative and reer Criminals: The Washington, DC member of the Police Foundation innovativeness of individual officers Repeat Offender Project), and this ap Board when he retired as Director of to develop and implement programs proach is being replicated in San the FBI in 1978. Kelley told the Bulletin responsive to the concerns of the Antonio and other cities. In a program that since the report by the Police public. developed by the Washington, DC, Foundation on preventive patrol in Metropolitan Police Department recog Police officers may resist these Kansas City, which addressed the ef nizing that a small proportion of crimi neighborhood assignments (see "The fectiveness of patrol and has since nals commit a disproportionate number Detroit Ministation Experience" in the been replicated by other police depart of crimes , the foundation study found February 1985, issue of the FBI Law ments, the solid research work done that the operation of a special police by the foundation has led to a greater Enforcement Bulletin), but initial resist unit that focused on repeat offenders acceptance over the years of the foun ance gives way when officers learn increased the likelihood of arrest, pros how receptive citizens are to this strat dation's reports and studies by police ecution, and conviction of these egy. This type of program involves a executives. Kelley said the foundation offenders. has contributed "a great many studies "proactive" strategy-a positive In the near future, the results of an of great value, " citing the recent report outreach-and careful recruitment of experiment testing the results of arrest on the handling of domestic violence, personnel, plus a commitment to the or warning strategies on recidivism that go to the heart of policing today. experimental method, are needed. among shoplifters will be published . Forst said that a recent survey of police strategies to deal with the drug
November 1986 .' 9 "FBI Director William H. Webster . .. said that the 'foundation has responded well to the challenge of the hard question."'
Mentioning the pioneering work centration that need to be addressed should not be achieved at the expense the Police Foundation did in 1973 in in the remainder of this century and of hard-won freedoms."23 executive training for FBI executives, the next: We already have seen some po Kelley believes, as a result of Police 1) Neighborhood policing pro lice departments acting on conclusions Foundation work and the FBI's Na grams of all kinds need to be devel that the Police Foundation has offered tional Executive Institute for police offi oped, improved, and expanded. after rigorous experimentation over the cials, that police departments are to 2) More police officers need last 15 years. And more are to come. day in "good hands." Police executives college and graduate-level education. are willing to experiment, to learn from the experimental process, and are will 3) There should be more ing and able to institute needed civilianization of police departments. Footnotes Civilian specialists can add to depart 'Police Foundation brochure, 1986, p. 1. changes. The Police Foundation is 21d, pp. 2-3. ment operations and release sworn of 3 achieving its goal of learning how po M.A. Jones to Mr. Bishop FBI memo 7/23.70, "Con ficers for police duties. cerning Police Development Fund to be sponsored by the lice can be more effective and police Ford Foundation: 4) Departments must continue to 4Ford Foundation, A More Effective Arm, August managers are now more capable of 1970. transforming their departments.21 become more representative of the 51d. pp. 4-5. communities they serve by recruiting 6James 0. Wilson, telephonic inte1Yiew with author, The now former President of the July 7, 1986. Foundation, Patrick Murphy, said that women and minorities. 7Patrick V. Murphy, inte1View with author, June 26, 1986, at Council of Mayors off ice, Washington, DC. increased education of police is at 5) Restraint in the use of force, 8 George L. Kelling, et al, The Kansas City Preventive least part of the reason that police ex especially deadly force, must be Patrol Experiment (Washington, DC: Po lice Foundation, 1974), p. iii. ecutives are willing to experiment and increased.22 91d. institute needed changes. Federal In a soon to be published chap!er of a 10Patrick V. Murphy and Thomas Plate, Commis money available in the 1970's through sioner: A View from the Top of American Law Enforce new book, the current President of the ment (New York: Simon & Schuster, 1974), p. 256. the Law Enforcement Assistance Ad Police Foundation, Hubert Williams, 11 Supra note 8 , pp. xi--xii, 1- 10. 12Police Fou ndation, Testimon y of Patrick V. Murphy, ministration, which Murphy headed in echoes these needs for the future in President, before Committee on the District of Columbia, 1968, "created the model" for the policing. U.S. House o f Representatives, June 27, 1980, typescript, p. 1 college-educated policeman. Now For 12 years, the Police Founda 131d. p. 4. some States or departments offer pay 14Police Foundation news release, August 9, 1982, tion was led by a man of innovative p. 2. incentives to police officers with and strong ideas about the directions 15Pol ice Foundation, 1981, The Newark Foot Patrol college education. And the FBI Na Experiment, Washington, DC, p . iii. that policing should take. Experimental 16 Lawrence W. Sherman and Richard A. Berk, tional Academy, in cooperation with testing proved many of Patrick Mur Minneapolis Domestic Violence Experiment, Police Foun dation Reports #1, April 1984, p. 1. the University of Virginia, now offers phy's ideas correct. Now Hubert 17Police Foundation & National lnstrtute of Justice , some college credits in connection Williams, another innovator with his "Crime File" brochure, undated. 18James Q . Wilson, telephonic inte1View with author, with its training. Today, Murphy sees own philosophy, has taken the helm, July 7, 1986. 19 at least those officers interested in po but both men base their philosophy on Hubert Williams, inte1View with author at Police Foundation office, Washington , DC July 8, 1986. lice management as continuing on that originally developed by Robert 20Brian Forst, inte1View with author at Police Founda their own to get college educations, tion office, Washington DC, June 23, 1986. Peel, the founder of modern policing in 21 Ciarence M. Kelley , telephonic interview with au even without availability of Federal thor, July 3, 1986. England. Peel's view was that policing 22 funds. Patrick Murphy inte1View with author, as above. in a democratic society must be deeply 23William A Geller, ed , Police Leadership in America: Murphy's view of policing in the rooted in the consent of those policed. Crisis and Opportunity (New York: Praeger, 1985), p. 347. near future notes that the art is improv Williams' thoughtful essay, "Retrench ing, "but there is still an enormous men, the Constitution, and Policing," in amount of work to be done." He sum the American Bar Association's re To obtain Police Foundation publi marized to this writer five areas of con cently published collection of articles cations, write to the Foundation's by leaders in the law enforcement Communications Department, 1001 community comments on the English 22nd Street, N. W., Washington, DC roots of modern policing, ending with 20037, or call (202) 833-1460. the comment that "the preservation of peace in our society cannot and
10 I FBI Law Enforcement Bulletin NIJ Study "When the Victim is a Child"
The National Institute of Justice would admit certain out-of-court state (NIJ) has published a study of new ments to counselors or prosecutors methods for easing the trauma faced that might otherwise be ruled out be by child victims and witnesses who cause they are not available from the have to go through criminal proceed young witnesses during direct ings. The report is designed for prose cutors , judges, police officers, and Other legal provisions exami ned other professionals interested in im in the report include proposals for : proving the way the criminal justice -Permitting a ch ild witness to have system treats child abuse victims. a support person during The study, "'When the Victim IS a testimony; Child ," responds to an urgent need ex -Offering services to explain the pressed by the Attorney General's court procedures to the child and Task Force on Family Violence, wh ich his or her family ; called for research into the court treat ment of child victims . It discusses the -Directing law enforcement offi competency of child witnesses , child cers social service agencies, and victim advocates, videotaping state prosecutors to conduct joint in ments, and testimony, as well as rec vestigations in each child sexual ommended changes in hearsay stat abuse case using a single trained utes. Included is a comparative survey interviewer; and of each State's legislation to protect -Scheduling trials to give prio rity to child witnesses in sexual abuse. those involving young victims and After discussing in detail the vari discouraging postponements. ous problems both the system and the The study. which was conducted child victim face , the report makes a by a private research firm , also con number of recommendations for im tains appendixes on interviewing ch ild provements . For example, it called for victims and videotaping a child 's state an end to State laws requiring that ment or testimony. witnesses be at least a certain age. The publication is for sale from the Many States bar or greatly curtail testi Superintendent of Documents, U.S. mony from young witnesses, whereas Government Printing Office, Washing Federal rules permit testimony from ton, DC (stock number any competent witness irrespective of 027-000-01248-5) . The price is $3.25. age. Microfiche copies are available from In addition, the report recom the National Criminal Justice Refer mends the adoption of State legislation ence Service, Box 6000, Rockville, MD to permit special exceptions to the 20850, telephone (301) 251-5500. The hearsay rule for children. Such laws toll-free number is 800-851-3420 .
Novembe r 1986 I 11 Fighting Fear in Baltimore County The COPE Project
"... a new role for police might very well be that they identify all problems [in the community] that might cause fear and disruption and address them as part of their duties."
By CORNELIUS J. BEHAN Chief of Police Baltimore County, MD
Criminal justice costs the Ameri Private justice prevailed. Each in themselves. T hey kept the power of ar ca n taxpayer $30 billion annually. Of dividual took care of himself . When rest and the power to use force to pro this amount, the Federal Government wronged, he made it right. The fault in tect themse lves from bodily harm . spends about one-seventh ; State gov that position is that the weak in the Today , this country's 16,000 or ernments, a third; and local govern community were not strong enough to more local police departments are ments, the remainder. Yet, our local exercise private justice. They did not decentralized-accountable to the police departments operate without a have either the wherewithal or the people in their own juri sdictions and clearly defined, agreed-upon mission . strength to bring it about. limited in their power. The police mis Nowhere in the laws, rules, or regul a Most police departments evolved sio n is what the public wants, and that tions is a specific mission stated. as did the one in Baltimore County, c hanges constantly . Citizens want One reason for this is the way law MD. Prior to the Civil War, there was more than crime fighting. At least 70 enforcement developed in America . no police department. A night burglary percent of our efforts in Baltimore Police officers were not meant to have from the county courthouse vault in County have nothing to do with crime too much power; Americans cherish in Towson 118 years ago caused a de but apply to service. It's the same in dividual liberty and freed om. mand , not for a policeman , but for a other commun ities . This shows how At first, citizens policed them watchman, who was hired for the spe vague the police mission is- that peo selves. Each family knew the rules of cific purpose of watching during the ple main ly decide what police do. We the community and the sanctions night. Later, when Baltimore County help stranded motorists. When a storm imposed for breaking the rules . Police hired a police force, it was limited to 30 breaks a power line or a water main were not needed, nor were they men-just 30--to ensure they wouldn 't bu rsts in the street, the police are wanted. Many came to this country intrude on anyone's personal freedom. called. When a woman goes into labo r, from Europe to escape political, reli Private justice was being replaced o r a boat overturns, or a child is miss gious, or economic oppression. Deter by public justice, which allows that ing, people tu rn to the police. At one mined not to create regulators here to everyone is equal under the law and t ime, the police i n New York City oppress them , they believed they equal in its protection. Victims without picked up the garbage . Pub lic health could take care of their own problems. the physical or mental capabilities to was considered an appropriate police Law violators were "run to the ground" capture their assailants now had the objective. by the "hue and cry" and often pun State to do it for them . Obviously, th is ished right on the spot. makes more sense and has more eq uity than private justice. In this process, however, citizens never gav e up their right to protect
12 I FBI Law Enforcement Bulletin Through this unstable environ That's when we ask ourselves ment, the police forces in this country whose job is it to attack fear and who have tried to improve. We have always is actually doing it. The answers are asked ourselves, "What should we do that it was our job and it wasn 't being about crime; how do we improve our done. service or use technology? " Improve Since we have no definable mis ment comes by diligently trying to an sion, and as we have in the past met swer these questions. We now study crises head on because no one else constitutional law . We have substituted was around to do it, we took it upon constraint for confrontation and modi oursel ves in Baltimore County to as fied our use of force. We study and sume that fear is a problem to be ad Chief Behan deal with human and civil rights. And, dressed , and perhaps, the police we ' re trying to adapt to mini- and should address it. Not knowing much micro-computers. about where this was going to take us , Twenty years ago, these matters we went to work. were not even discussed. Now , they We created a new unit- Citizen are part of all basic and inservice po Oriented Police Enforcement (COPE) . lice academy train ing and are very im Its mission was to identify and reduce portant to the way police departments citizens' fear. The term "fear of crime" is nebu operate. lous , but after interviewing hundreds of Attacking Fear people, we learned that they were: We recently asked ourselves two -Afraid to go out at night, new questions: "What is being done - Afraid to open the door when about the fear of crime ?" and "Whose someone knocked . role is it to reduce fear in a community, -Afraid to walk past a stranger, if fear is, in fact, worse than the crime -Afraid to come out of the bank, itself?" -Afraid in the grocery store parking At a seminar held at the University lot, of Maryland 's College Park Campus, Dr. Charles Wellford , Director of the -Afraid to leave their curtains open, university 's Institute of Criminal Jus and tice, delivered a thoughtful paper on -Afraid to call the police or to sign a fear of crime. It held: complaint if they saw a crime or -The fear of crime is not directly re had a specific problem. lated to crime levels. COPE police officers had to be carefully selected and retrained . The -The older people become, the less likely they are to be a victim; traditional ways had to be replaced by but, they become more fearful. new, innovative approaches to prob lem solving . -Most fear of crime comes from We equipped our COPE officers vicarious experiences rather than with motorcycles and compact cars . from being the actual victim of These vehicles brought them closer to crime . the people. Motorcycles and cars were to be driven slowly, stopped frequently , so officers could greet neighbors and allow youngsters to become ac quainted with officers and their equip ment.
November 1986 I 13 "COPE is becoming more active in identifying community problems that might not ordinarily come to police attention .. .."
Dr . Herman Goldstein, University had developed in the community, and existing lights and to add 3 new mer of Wisconsin School of Law, had writ they were struggling for dominance. cury vapor lights. ten a paper entitled "The Problem Crime in the area was above normal, Although the alleys were private Oriented Approach to Improving Police with robbery heading the list. The peo property, COPE got the county roads Service." He suggested that "police ex ple in Garden Village were living in department to repair the roads and al amine all facets of a problem and do terror, and their re lationship with the leys. COPE officers learned that the whatever is required to restore peace government had so deteriorated that county could not afford to construct a to a neighborhood. " Dr. Goldstein they had stopped reporting crimes. new park facil ity, so they assisted the joined our retraining effort. Going be A COPE officer was assigned as community in applying for a Fed e ral yond crime, he taught COPE to identify project coordinator. His team con grant through the community develop the causes of citizen fear and to do ducted house-to-house problem identi ment coordinator's office. When the something about them. He believed fication surveys, wh ich revealed: area did not meet Federal guidelines that a new role for police might very - 91 percent black residency, for funding , $70 ,000 for construction of well be that they identify all problems - Low income, a multipurpose (volleyball, basketball, (in the community) that might cause tennis) court and tot lot was included in -On the average, 3-5 years of fear and disruption and address them the 1986 county capital improvements residency, as part of their duties. budget. Present playground apparatus COPE began operation in July -59 percent of residents under age was repaired and painted, and dilapi 1982. Each of 3 units is staffed with 13 29 , dated equipment was removed. The police officers and 2 supervisors, for a -65 percent of respondents calling overall general maintenance of the total of 45 law officials. Placed under juvenile crime a main concern, park has been improved. In the mean the jurisdiction of an area commander, -Area lacking in recreational time, COPE is helping to organize a they are deployed as needed . COPE facilities , youth group in the area. officers have a great deal to say about - Lighting and alley deterioration in Since crime prevention in Garden how they are assigned. The police offi evidence, and Village was nonexistent, the manage cers and the supervisors are required ment of the complex willingly re -No community leadership. to freq uently discuss what they have sponded to suggestions by COPE offi learned about a prohlem , what addi Seeing no government commi t cers. Shrubbery was trimmed, locks tional data must be developed, and ment to the area, people had a high upgraded, vacant apartments secured, what to do about it. It is new for a po degree of apathy toward law enforce and a crime reporting system estab lice officer to be at the problem identifi ment. The project team decided on a lished . two-pronged approach : 1) cation and planning stages and then Community The interaction group secured a be involved in the solution. As a result interaction-to open lines of communi meeting place for the community to of this involvement, the COPE teams cation and attempt to alleviate commu meet and organize. With their guid have developed an esprit de corps that nity problems, and 2) criminal interven ance , the citizens have filed for a enhances their job performance. tion-to gather intelligence information charter. on al l criminal activities and to coordi The criminal investigation officers Garden Village Project nate this information with the patrol had similar success. Gaining the confi and detective forces in the department. On Ju ne 7, 1983, a gunfight dence of the youngsters , they devel occurred at Garden Village , a low Through community interaction, oped information on the burglaries and income, predominantly black-occupied data were gathered showing a need to several arrests were made. High visi upgrade street lighting. The COPE offi apartment complex ad j acent to the bility patrols were established and City of Balt imore . On June 18, a rape cer arranged meetings with the county took place. Neither crime was reported lighting supervisor and the local utility to police, although one person was company . Using data to show crime wounded in the shooting. Two factions patterns related to lack of lighting, the COPE officer was able to convince util ity officials to repair and upgrade 31
14 I FBI Law Enforcement Bulletin maintained. When an arrest was made It is devoting more time to the indi control panhandling and obtained sup in the original shooting, friction be vidual community, i.e., committing it port of the health department and so tween the two groups ceased. One self to fewer communities for longer cial services for a detoxification facility. community member was particularly periods of time : The assistance of local liquor stores in disruptive. Learning that he was on -121 communities in 1983 (aver controlling sales was obtained , and parole, COPE officers had him re age of 3 weeks each), COPE established a dialogue with va turned to the penitentiary. Burglaries grants to compile personal histori es , -63 communities in 1984 (8 weeks were reduced 80 percent; auto lar developi ng profi les of hard-core va each), and ceny, 100 percent. grants for court and police use . COPE involved 11 agencies in -34 communities in 1985 (18 weeks each). this project. This is a far cry from the A Final Fact traditional police response. A forgotten The average total hours com One underlying discovery, or truth, neighborhood was shown that govern mitted to each community have tripled comes clear in this endeavor. If any ment cares , and fear was reduced since the first year. government system , including criminal accordingly. COPE is now more selective and learning to verify alleged problems and justice, is to work, support and leader Pioneering a New Idea is more proficient at recognizing com ship from the highest elected officials are essential. The police cannot get COPE is a new idea in law en munity proble ms needing its services. roads paved, shrubbery cut, panhan forcement. It is pioneering. We had to COPE has improved significantly in its dlers convicted, or parks cleaned with rethink and retrain in regard to tradi efforts to identify underlying conditions out the help of other agencies. Only tional police responses. Never before contributing to fear/disorder and pays "the people's choice," their elected offi has fear reduction been a unit's mis less attention to pol ice perspective and cials, have the position and power to sion. Someti mes it was a secondary more to citizen perceptions. For exam force cooperation and coordination. accomplishment due to crime fighting ple , a fear elderly persons had of Un fo rtunately, not all political or a patrol strategy. It requires identi purse-snatching was identified and leaders understand this role. There fying what people are afraid of, rather greatly reduced through education, in fore , the pub l ic must demand it o f than making assumptions based on cluding a ?-minute police/citizen home them . As a condition of office, this kind crime statistics or police know-how. made video. of leadership must become a main pri Our experience shows that people are COPE is becoming more active in ority. If the police, who are on the cut frightened for reasons the police never identifying community problems that ting edge of community fear and dis imagined . Also , if fear is not present in might not ordinarily come to police at content, discover the causes, then a an area, COPE does not become tention, hoping to avert disorder before mechanism-like COPE-is needed to operable. it occurs. For example, in the case of a provide the solution. Th is, the elected In its first 3 years, COPE' s mis citizen threatening to shoot or kill juve officials must real ize, is the most im sion-to reduce fear-has not niles who were harassing him , the po portant part of their job. changed. Its strategy has undergone lice met with the citizen, ensuring po significant refinement, however, and lice attention, interacted with the For additional info rmation , contact: has achieved a uniqueness among to juveniles , changing gathering patterns, Office of the Chief day's policing concepts. This transition and became involved with the police Baltimore Coun ty Police Department has been stimulated by COPE's train public information office, to obtain me 400 Kenilworth Drive ing and acceptance of Dr. Goldstein's dia support and coverage of efforts. Towson, MD 21204 To deal with panhandling, alco problem-oriented approach to policing . or COPE has shown strong evidence of holic vagrants who were causing fear Police Executive Research Forum becoming more skillful in problem among shoppers and merchants, the 2300 M Street, N.W., Suite 910 identification and analysis and more chamber of commerce helped with fli Washington, DC 20037 creative in approaching solutions to ers asking citizens not to contribute to community problems. panhandlers in order to discourage the lifestyle. COPE helped develop and supported local ordi nances to better
November 1986 I 15 The Nature of Police Authority
"... recognizing that in many situations officers cannot rely strictly on organizational rules and regulations to guide their actions ... [law enforcement] should develop a more-flexible model for its officers to use in their more-routine duties.
By Many writers have discussed the Clearly, no organization can de DONALD C. WITHAM similarities between law enforcement velop rules to cover every conceivable and the military, such as uniforms, situation in which its officers might find Special Agent rank structures, and insignias. Perhaps themselves. Police administrators Management Science Unit the most important similarity, however, would be appalled if their subordinates FBI Academy is their authority to employ force to did not exercise judgment and discre Quantico, VA maintain order. In emergency situa tion in the performance of their duties. and tions, both require near-automatic and Most officers operate intuitively during STEPHEN D. GLADIS unquestioned acceptance of authority their day-to-day activities, an approach Special Agent by their members. This kind of disci that is largely based on each officer's Office of Congressional and pline is crucial to success in a situation previous experiences. In each new sit Public Affairs that demands the use of deadly force uation, officers unconsciously will ask Federal Bureau of Investigation by a police officer or a concerted at themselves: What actions or ap Washington, DC tack on an enemy stronghold. As a re proaches worked in similar situations sult, law enforcement has traditionally in the past? They will rationally con been founded on this "military model of sider alternative behavior strategies authority." before doing anything and then select Yet in reality, while disciplined that approach that has worked best. performance is always required in Officers rely on their judgment to han emergency law enforcement situa dle the situation, and they use discre tions, such circumstances make up a tionary authority to resolve the situa very small percentage of normal tion. This whole process we describe policing time. Studies have shown as the discretionary model of behavior. most police officers spend the majority The behavior of the officers is primarily of their time on rather routine , adminis determined by their judgment and dis trative, and non-law enforcement cretion, and it is guided by their goal to duties. 1 We question, therefore, if offi resolve the situation. cers should base their routine activities With the high quality of people en on the old military model. We believe tering police work in recent years and law enforcement-recognizing that in with the relative rarity of emergency many situations officers cannot rely situations in a normal working day, law strictly on organizational rules and reg enforcement need not rely exclusively ulations to guide their actions-should on the military model of authority to ac develop a more-flexible model for its complish its goals. In fact, this article officers to use in their more-routine will suggest that the discretionary duties. model is appropriate for many, if not most, of the situations police officers encounter.
16 I FBI Law Enforcement Bulletin We contend that the most effec As law enforcement strives to be tive patrol officers already perform accepted as a profession, it must ex their duties using the discretionary pect and require its officers to exercise model. Therefore, continuing to pay judgment. Such behavior is the hall homage to a military model of law en mark of all professionals . Therefore, forcement is misleading . Departments this paper seeks to examine the mili need to bring the discretionary activi tary model and the discretionary ties of their members out of the closet model. Also, the authors will provide into clear view for all to see and emu some ideas about incorporating these late. Such behavior is not inherently concepts into the training process. bad. As Kenneth Davis argues in his Special Agent Witham important work, Discretionary Justice, A Military Model the problem is not with discretion in The perception of the traditional governmental activities, but with ex American police authority model as a cessive discretion .2 Davis suggests military one evolved from several influ that organizations should structure dis ences. First , the American model cretion so it is exercised within desig evolved from a 19th century English nated boundaries. To achieve this aim, authority-based system which was officers must first recognize the exist imported to the United States in 1844. ence of discretionary behavior, then be In 1829, Sir Robert Peel instituted in trained in appropriate and departmen London a police force based in part on tally acceptable uses of discretion . a mil itary model of internal discipline to In addition, the authors believe respond to the failure of a n undis this discussion of different behavioral ciplined and ineffective citizen/ models is related to the recent debate watchman system and the violent in the literature over policing phi overreaction of the military to order sit losophy.3 There are two basic views uations . Impres sed with Peel 's suc about the proper philosophical posture cess, a New York delegation rec o m of police- to enforce the law or to mended that Peel 's concepts be maintain order. It may be that the phi replicated in New York City. Thus was losophy is not to choose one or the the birth of the military model in the 4 Special Agent Gladis other, but to combine the two views. United States. The police have both a law enforce Second , the responsibi lity of ment and an order maintenance func deadly force that has been entrusted tion . In the law enforcement mode, the to the police absolutely requires strict proper approach would be to follow a discipline in its exercise. The strict mili military-type authority model that tary discipline necessarily associated would ensure equitable law enforce with the use of firearms thus reinforces ment. In the order maintenance mode , the mil itary model daily as officers officers should be guided by a discre strap on their guns each day. tionary model to resolve the situation Third , the organization and rank fairly. structure of most traditional police de partments mirror closely the military model. Departments are divided into squads and platoons and led by ser geants and lieutenants , not organized into groups and departments and headed by supervisors and managers.
Novembe r 1986 I 17 " agencies should address discretion during recruit and inservice training in order to institutionalize and legitimize its acceptable uses."
Further, police uniforms, ceremonies, and training, many of today's officers trative discretion of police managers is and training all project a military tend to use a heavy authority-based quite comparable to the discretion ex model. (military) model for all circumstances ercised by publ ic officials. Fourth, men and women drawn to and in all situations, regardless of its The general policy of d iscreti on the profession hold authority-based suitability. rests on the belief that the ind ividual values, an observation substantiated official present at a scene is best able by Milton Rokeach in his research. 5 A Discretionary Model to decide how to reso lve the situation. The impact of individually held, Black's law dictionary offers the Confidence is placed in the officer's authority-based values on the profes following definition of discretion: ability to see distinctions and to act ac sion is enormous , giving it a military "Discretion means a power of right cordingly. Since any one situation can look, philosophy, and atmosphere. conferred upon them by law of act vary in any number of ways, police What happens when all these in ing officially in certain circum ma nagement must rely on the re f l uences converge on law enforce stances, according to the dictates of spond ing officer's judgment. ment? Necessarily, officers and man their own judgment and conscience, The professionalism of any disci agers assume that a military model is uncontrolled by the judgment or con pline is conventionally measured by relevant for all of policing . Traditionally science of others."6 the autonomy it allows it s members trained officers are taught discipline While most types of organizations over certain tasks and the discretion it and strict obedience to orders, and increase discretionary power with rank, grants to them to insure that tasks are they will dress, act, and use the tools law enforcement allocates such power performed with in the appropriate laws of the trade in a military fashion . at all levels. Low-ranking police offi or regulations. 8 Thus, necessarily, or Therefore, it is predictable that we see cers routinely exercise an enormous ganizations using discretionary models this military model translate into an op amo unt of discretion in the normal must require a lengthy training period erational authority model. course of their duties. Traffic officers to fam iliarize new members wi th the Such a mil itary-based authority can choose to issue a citation to a cit i core knowledge of the discipline. model views authority as residing with zen exceeding the speed limit, arrest the ch ief executive of the organization; the individual, provide a warning, or ig Comparisons of the Two Models that is, authority that originates from nore the situation entirely. Similarly, a Within the discipline of law en and is vested solely in a central official. patrol officer can follow several forcement, the criterion for effective The lines on an organization chart courses of action when responding to discret ionary performance is the suc from the chief to his subordinates sym a family dispute. Vi rtually all routine cessfu l resolution of the problem at bolize the downward flow of authority calls can potentially be handled in a hand. In the discretionary model, suc within the organization and imply that variety of ways-at the discretion of cess is defined as the minimum intru all situations are governed by laws, the individual officer. sion and use of coercion by the pol ice. rules, and prescriptions. Such a model At higher levels in the police or By way of contrast, performance within fosters unquestioned and immediate ganization, on the other hand, a num a mil itary model is measured by ascer conditioned responses to all orders. ber of officials routinely exercise taining how closely the relevant rules In sum, the military model places administrative discretion; that is, "the and policy were followed . This letter a high premium on discipline and dis activity of officials in which they advise, of-the-law mental ity can lead to an courages the exercise of discretion. A report, respond , initiate, inform, ques over-reliance on rules and may serve necessary model in times of potential tion, caution , complain , applaud, en to negate any skills, talent, or experi conflict and especially when the use of courage, rebuke, promote, retard, and ence that an officer brings to the deadly force might be involved, it is de mediate in a way that has an impact scene. The rules can take on an infalli liberately taught to all recruits. As a upon what emerges as 'agency ble quality often m isused by many. consequence of this history, tradition, policy."' 7 Hence, many low-ranking bureaucrats In public administration literature , love to pl ay the game "Now I've got administrative discretion has become you by the rules. " Worst of all, follow synonymous with the political activity of appointed officials, and the adminis
18 I FBI Law Enforcement Bulletin ing the rules can become the desired not lessened. By providing their subor Practical problems are also appro end, not resolving potentially threaten dinates with guidelines for acceptable priate vehicles for discussing discre ing situations with a minimum of vio discretionary behavior, they will help tion. Whenever officers are required to lence or injury. realize this end. participate physically in an exercise, On the other hand, some situa they are more likely to remember the tions absolutely require that all parties Training in Discretion teaching objective. closely follow the appropriate rules. In How, then, can the concept of dis In the field of management and law enforcement, rules must be fol cretionary powers be incorporated into leadership training, there are a variety lowed exactly during the use of deadly practical departmental life? We believe of situational and contingency models force , the pursuit of a fleeing felon , or that agencies should address d iscre that can be employed. Certainly a circumstances where coord inated ac tion during recru it and inservice train situational-type model could be devel tion is taken by several officials. Free ing in order to institutionalize and legiti oped to present ideas with a d isc re lancing in these matters would be in mize its acceptable uses. tionary dimension. Possible dimen appropriate and potentially dangerous. Several teaching methodologies sions of such a model might be order Thus, departments must recognize can be employed to present key dis maintenance and law enforcement. that most of their sworn officers require cretion concepts. For example, case All in all, the methods by which two diffe rent sets of guidelines to dis studies which describe actual situa departments discuss and teach discre charge their duties. tions, where officers relied on their ex tion are not nearly as important as the Departments must give their offi perience and judgment to resolve po fact that the topic is formally pre cers firm guidelines to assist them in tentially explosive situations, are sented. Leaders have an obligation to identifying appropriate situations for excellent teach ing aids. Ideally, the of the ir subordinates to guide and train the exercise of their discretionary au ficers involved in the incident would them in their duties. Until policing thority. Beyond this situational assist participate with the training staff and openly faces the issue of discretion , it ance, administrators must instruct their the class. Additionally, case studies will not provide officers with the appro officers in acceptable discretionary be could be developed to highlight spe priate support they need. haviors. If the actions of law enforce cific policy points regarding acceptable ment officers are not acceptable to the pract ices . Conclusion public , behavioral guidelines for offi One of th e most important training Throughout this commentary, we cers will be imposed on the organiza goals should be to provide officers with have attempted to legitimize those ac tion by some outside authority. a clear notion of when and where to tivities of police officers that can be de Whenever society becomes disen apply discretionary behavior. Guide scribed as fitting a discretionary model. chanted with the manner in which offi lines and checklists can assist officers Enlightened law enforcement adminis cials exercise th ei r discretion, it acts to with the se critical questions. Also, by trators are already well aware of the remove the privilege. For example, clearly specifying the types of situa absolute necessity for their subordi mandatory sentencing of certain types tions where discretion would be nates to understand and use discre of offenders was brought about by citi unacceptable or perhaps illegal, de tion. Teaching its use, of course, zens who perceived that a number of partments can clearly demonstrate the makes the administrator's job more dif judges were "too soft" on criminals. If bounds of acceptable behavior. ficult and unpredictable but also more discretionary powers are taken away, Role playing provides an excellent challenging. Most administrators rec officials have fewer options available technique to frame problems of discre ognize the impossibility of craftmg to them and also have their profes tion. Elements of realism and immedi rules which cover all exigencies. The sional status lowered . Police adminis acy can be injected into many role problem for police administrators is not trators must ensure that the status of playing scenarios. Videotaping these with discretion itself- the problem is their subordinate is always enhanced , scenarios has the added benefit of how to structure the discretion . As a letting officers criticize their own ac first step , we believe that all parties tions. A common exclamation of offi must recognize that discretionary be cers after viewing a tape is: "I wouldn't havior exists in law enforcement. Next, have believed I did that unless I had seen it!"
November 1986 I 19 "When an officer is fulfilling his law enforcement duties, he might choose the military model . .. when an officer is performing his order maintenance responsibilities, he should use the discretionary model." the department should attempt to de his law enforcement duties, he might ments must develop mechanisms to velop some mechanisms to instruct its choose the military model rules capture the human knowledge and ex officers in the acceptable uses of judg dominated approach, particularly when perience of their members. By allowing ment. Training programs must begin to his actions will be later scrutinized in a officers an opportunity to discuss how discuss the locker room folk wisdom court of law. However, when an officer they approach various circumstances, and common sense that officers pick is performing his order maintenance the department can speed organiza up after months, even years of experi responsibilities, he should use the dis tional learning and improved ence. Methods to record and to institu cretionary model. Clearly, imple performance. tionalize this human knowledge must menting these ideas will not be an be found, and ways to communicate easy task. They need to be imple the resulting techniques to the officers mented, however, in fairness to the Footnotes must be developed. Training programs professional aspirations of law enforce 1 J. Q. Wilson, Varieties of Police Behavior: The Man agement of Law and Order in Eight Communities that ignore this part of the work run the ment, and even more importantly, to (Cambridge, MA: Harvard University Press). risk of being irrelevant to their officers. describe accurately the actions of law 2 Kenneth C. Davis. Discretionary Justice: A Prelimi nary Inquiry (Baton Rouge, LA: LSU Press, 1969), We have suggested that both the enforcement officers. pp. 9-14. 3 Readers interested in the philosophy of policing military model and the discretionary It is time to bring police discretion questions should see: Merlyn C. Moore, "The Police in model are relevant guides for the be out of the departmental closet and rec Search of Direction," Managing the Police Organization Selected Readings, eds. Larry K. Gains and Truett A havior of police officers. The problem ognize the skill, competence, and judg RicKs (St. Paul, MN: West Publishing 1978), pp. 50-72. is to decide which model is appropriate ment of police professionals. These 4 Henry M. Wrobleskian and Karen M. Hess, Intro duction to Law Enforcement Justice (St. Paul, MN: West to use within any specific circum practitioners of the art of policing are Publishing, 1979). stance. Here we believe that the law the most important asset of effective 5 L. A. Radelet, ed. , The Police and the Community (New York: MacMillan Publishing Co., 1980). enforcement order maintenance di and equitable law enforcement in this 6 Henry Campbell Black, Black's Law Dictionary, re chotomy may be helpful in providing great Nation. Let us not fail to recog vised fourth edition (St. Paul, MN: West Publishing, 1968), p. 553. guidance. But rather than accept the nize their many talents. It is time to re 7 John A. Rohr, Ethics for Bureaucrats: An Essay on Law and Values (New York: Marcel Dekker, Inc., 1978), dichotomy's either/or approach, de consider the traditional control myth p. 28. partments should integrate the two ap implicit in a purely unconstrained mili 8 Donald C. Witham, The American Law Enforcement Chief Executive: A Management Profile (Washington , DC: proaches. When an officer is fulfilling tary authority model view. Depart Police Executive Research Forum, 1985), pp. 26-32.
Concealed Pistol Hand Carried Cooler
Picnic coolers with thick liners of insulating material separating the outer shell from the inner may be used to conceal items, including weapons, as illustrated here. The inner liner, used to carry food or beverages, covers the weapon when in place. This cooler was carried by an alien who was ar rested by California police.
(Information furnished by U.S. Border Patrol, Fresno, CA)
20 I FBI Law Enforcement Bulletin Law Enforcement Career Management Planning for Promotion " diverse professional training and experiences can only enhance an individual's chances for promotional success."
By LT. THOMAS MAHONEY Police Department Culver City, CA
There was a time in law enforce For promotion to higher ranks , A number of researchers have ment when, if an officer did not cause other factors may be considered or suggested strategies for career ad any trouble and put in the requisite specific qualifications are necessary or vancement. In his book, Executive Ca number of years on the street as a pa desired . As an example, the following reer Strategy, Alan Schoonmaker sug trolman , promotion, if desired, w as is taken from an employment bulletin gests the following : 2 more or le ss assured. Another ap for the pos ition of chief of police in 1) Do excellent work, proach was, as one police administra Canton Township, Ml , in 1985: 2) Become visible within the tor remarked , ''The police officer who "Applicant must be a police profes organization, had the most personal influence or sional with command experience at 3) Present the right image , who was wi lling to pay the highest the executive level. Must possess 4) Avo id becoming deadwood , price for promotion was raised to the demonstrated experience as a 1 next highest grade." change agent for the rehabilitation, 5) Control resources, especially in formation , and Examinations usually weren ' t professional development and man g iven , and if they were , they were agement of a full-service depart 6) Develop good personal merely formalities . The officer with the ment. Minimum qual ifications : re relationships. "right connections" and enough time lated college degree or equivalent To the se tactics can be added on the job became the new sergeant. experience and training ... and three others recomme nded by Andrew Fortunately for the profession, thing s demonstrated management, O.D., J . Dubrin : 3 have changed consi derably in the staff and program development 1) Be mobile-move within the 1980's. experience." organization, Today , most law enforcement Clearly , these qualifications are 2) Help your boss succeed, and ag encies have established minimum not just "picked up" over years of expe 3) Find a sponsor. requirements that must be met before rience, nor are they the subjects of in It is the intention of thi s article to an employee can be considered for struction at police recruit academies . reduce these excellent, albeit general promotion. These us ually consist of How, then, does a law enforcement of ized , career advancement tactics into varying combinations of length of serv ficer increase his or her chances for three basic concepts-education , di ice with the agency, advanced educa advancement? tion , and/or some form of professional verse professional experience , and a certification. proven ability to get the job done.
November 1986 I 21 Education Sanderson reported that officers who Professionalism demands educa attended college used less sick/injured tion. Career success in the 1980's re days, performed better at the train ing quires more than just a high school academy, and received fewer citizens' 8 diploma. complaints. Law enforcement personnel have been attending college courses in pro Diversification of Experience grams specifically designed for the As a potential supervisor or man profession for 50 years, when the first ager in a law enforcement organ i za of such courses was established at the tion , the well-rounded individual is al University of Cal ifornia at Berke ley, ways more attractive to police Ueutenant Mahoney CA. Since then , the number and vari administrators t han the one who has ety of police-related college programs spent an entire career as a patrol offi have expanded tremendously, espe cer. The complexit ies of the job de cially during the late 1960's and in the mand that supervisors and managers early 1970's. Between 1965 and 1969, possess a wide body of knowledge the number of criminal justice bacca and experience to draw from in order laureate degree programs increased to be successful. by 260 percent! 4 Even more dramatic For promotional aspirants, move was a later report stating that from the ment with in the organization is highly academic year 1966- 67 to the year desirable. Experience across the func 1975-76, criminal justice programs at tio nal lines of an organization, for ex all levels had risen 596 percent! 5 (See ample, will assist the candidate in de table 1.) veloping the variety of sk i lls that will Wit h college-level programs avail later be needed as a supervisor and able, what is there to prevent a serious manager . Experience at the different promotional can d idate from using geographical locations of an organiza the m? Will ia m Shaw commented that tion (for larger law e nfo rcement "the idea of college-educated police of agencies) w ill also foster an under ficers is being pushed very hard and standing of the organization as a those wh o have dreams of reaching whole and may bring the individual to the top should keep this thought in mind. " 6 Another, more recent article in a management publication that ana Table 1 Change in Number of Degree lyzed a trend toward career plateauing Programs in Law Enforcement made the point that "we have the and Criminal Justice largest population of educated and 1966-67 to 1975-76 qualified people co mpeting for posi tions in our history." 7 Years Associate Baccalaureate There is also another potential benefit from obtaining a college educa 1966-67 152 39 tion . It has been suggested that in 1968--69 199 44 creased levels of education are associ 197G-71 257 55 ated with greater job satisfaction and 1972- 73 505 211 personal involvement with the job. 1975-76 729 376 Source: John DeDoux, et a/., "Higher Education for Law Enforcement: Half a Century of Growth, " The Po· lice Chief, April 1984, p. 22.
22 I FBI Law Enforcement Bulletin " I high performance and work excellence are the basic foundation of a career strategy.'"
The main point is that diverse pro tion awards , merit pay i ncreases, or fessional training and experiences can possibly, se lection for assi gnment to only enhance an individual's chances specialized joint functions within the for promotional success. In his article organization. In any event, after first in The Police Chief, Edward Tully said: savoring this recognition as validat ion "Common sense indicates that just of excellent efforts an individual shou ld as a patrolman needs training prior then take the time to carefully docu to assignment to the street, so also ment it i n the form of a res ume for should sergeants, captains, and presentat ion in the promotiona l even chiefs of police receive tra ining process. prior to their elevation to higher posi A resume is a neat, thorough tions within the organization ."9 compi lation of an ind ividual 's profes siona l capabilities. In effect, it is a Proven Ability statement of an individual's education, A college degree and a variety of experience , and proven ability. professional assignments are just the foundation for a motivated individual Conclusion with a record of success and accom Promotional advancement in law plishments. As a general rule, the bet enforcement clearly is no longer a mat Elwin E. Cooke ter of political pu ll, monetary induce Chief of Police ter an individual's work performance , the greater the individual's chances for ment, or just plain "l uck." It is esti organizational rewards such as a pro mated that the re are approximately th e attention of those at the executive motion . In fact, in his Management 30 ,000 poli ce office r s in the United level. textbook, James Stoner stated quite States occupying positions rang i ng Obviously, the size of any given emphatically, "There can be little ques from firs t-line supervisor to ch ief of 12 agency may tend to either aid or tion that high performance and work police. The competition for these po hinder a promotional candidate's ef excellence are the basic foundati on of sitions continues to get tougher. forts in seeking job diversification. A a career strategy."10 Caree r police professionals must large agency, such as the Los Angeles This feeling was echoed by accept the fact that promotions must Police Department, has literally hun Reeser and Loper in their analysis of be sought afte r and won ; the success dreds of specialized assignments, the requirements for top management ful candid ate for promotion is agg res while other, much smaller departments positions when they commented , "The s ive in his pursuit, thorough in his may have none. criterion for consideration of individuals preparation , and confident in his Most medium-sized departments for top management posts is almost al execution. and many smaller ones, however, ways singularly impressive perform While organizations can help indi have some form of specialized assig n ance in middle-management."11 viduals manage and develop their ca ments such as detective, traffic en In almost any given organization , reers, career management is ultimately forcement, and narcotics . Other spe professional recognition is an end the ind i vidual's own responsib ili ty. cia lized jobs that may present product to the completion of outstand Conscious career management by the themselves to the potential supervisor in g work. If this is not the case, the ind ividual can have many advantages; are personnel and training, community promotional candidate might seriously individuals who plan for wha t they relations , internal affairs, the academy consider moving to a different organi want to achieve are more likely t o instruction staff, an d budget zation for th e completion of his or her achieve their goals than those who preparation. career goals. stumble abo ut t rusting to fat e. They This professional recognition may can focus their energie s on the career come in the form of written or oral commendations, professional recog ni
Nov ember 1986 I 23 career management is ultimately the individual's own responsibility. goals that they have selected, rather Ralph Waldo Emerson once said : 'C.A. Tracy, "Survey of Criminal Ju stice Subject Mat t er Baccalaureate Programs," Journal of Criminal Law, than just drifting within their organiza "Shallow men believe in luck ." In to Criminology and Police Science, v ol. 61 , 1970, tion or occupation. In addition , they are day ' s modern , constantly chang ing pp . 576-579. 5R. Adams, "Criminal Justice: An Emerging Academic less vulnerable to chance events and world of the law enforcement pro fes Profession and Discipline," Journal of Applied Psychol ogy, vol. 4, 1976, pp. 303-314. to have undesirable career decisions sional, the supervisory and manage 'William Shaw, "Police Education in the 80's," Law made for them by others. Finally, indi ment ranks are being filled with fewe r an d Order, March 1980, p. 6. 7Jud it h M. Bard w ich, Ph.D . "Pl at eaued: W h at if viduals who are competent in manag and fewer shallow men . You 'v e Stopp ed Climbing the Corporate Leader ?" SPD ing their own careers and who have Management, vol. 4, No. 1, 1985, p. 7. "s.E. Sanderson, "Police Officers: T he Relationship of well-defi ned goals and plans for College Education to Job Performance," The Police Chief, reaching them t end to be somewhat vol . 44 ( 1977) pp. 62-63. 9Edward J. Tully, "T~e Challenge of Police Education more motivated and purposeful; the y Footnotes During the 1980's," The Police Chief, September 1980, 'Leonard Fuld, Police Administration: A Critic al Study p. 41. are more useful in their organizations of Police Organizations in the U.S. and Abroad (New 10J ames A. F. Sto ner, Ma nagement (Englewood York: G. Putnam & Sons, 1909), p. 425 . Cliffs: Prent ice Hall, 1978), p. 548. and more likely to be successful within 2 Aian N. Schoonmaker, Executive Career Strategy 11 Clayton Reeser and Marvi n Loper, Management: them . (New York: American Management Association , 1971) . The Key to Organizational Ellecffveness (Pal o Alto, CA: 3 Success in law enforcement is no Andrew J. Dubrin, Fundamentals of Organizational Soon, Foresman & Co.. 1978), p. 259. Behavior (New York: Per gamon Press, 1974) , pp. 12Supra note 9. longer a matter of chance. In fact , 147-158.
1986 Preliminary Officer-Killed
Statistics Preliminary Uniform Crime Re and 2 in Puerto Rico. Twenty -one of porting (UCR) statistics showed a de the victims were city police, and 14 crease in felonious line-of-duty deaths were county officers. Three were em in the first 6 months of 1986 as com ployed by Federal agencies, 2 by State pared to the previous year. There were agencie s, and 2 by agencies in the 42 law enforcement officers slain be U.S. territories. tween January 1 and June 30 in the Fourteen of the 42 victims were United States and its territones, attempting to apprehend or arrest sus whereas 47 officers were feloniously pects when sla1n. Of these v1ctims , 6 killed during the same period of 1985. were attempting to thwart robberies or Law enforcement agencies have were in pursuit of robbery suspects: 4 cleared 40 of the 42 slayings. were involved 1n drug-related Situa The firearms used in 40 of the offi tions ; 1 was attempting to arrest a bur cer killings th is year included glary suspect; and 3 were attempting handguns (32) , rifles (6), and shotguns arrests for other crimes. (2). The remaining 2 victims were in Seven officers were killed while tentionally struck with vehicles. enforcing traffic laws ; 6 upon an Geographically, 20 officers were swering disturbance calls : 5 while slain in the Southern States, 9 in the investigating suspiCIOUS persons or cir Western States, 6 in the Midwestern cumstances; and 4 while handling or States , 5 in the Northeastern States, tra nsporting prisoners. Four officers were ambushed , and 2 were dealing with mentally deranged individuals when killed .
24 I FBI Law Enforcement Bu lletin Urinalysis Drug Testing Programs for Law Enforcement (Part II) " a law enforcement department could choose to start its urinalysis drug testing program by requiring all appl icants for the position of sworn officer to submit to a urinalysis drug test."
Part I of this article began a dis forcement agencies and departments By cussion of the balancing test required which choose to adopt a urinalysis JEFFREY HIGGINBOTHAM to determine whether mandatory drug testing program . Special Agent urinalysis drug testing was reasonable FBI Academy WHEN A URINALYSIS DRUG TEST under fourth amendment standards. It Legal Counsel Division MIGHT BE REQUIRED noted that the right to privacy, pro Federal Bureau of Investigation tected by the fourth amendment, gen The fourth amendment's balanc Quantico, VA erally precludes warrantless searches ing test for reasonableness in the unless the government has superior in adoption of a urinalysis drug testing terests in conducting a search. In program requ ires a determination of terms of drug testing of police, the right whether the governmental interests in of privacy of an individual officer must favor of urinalysis outweigh the privacy be outweighed by a legitimate govern interests of the individual in the spe Law enforcement officers of other than mental interest(s), if it is to be legal. cific context of the situation s which will Federal jurisdiction who are interested The right of privacy must be balanced trigger the demand for urinalysis drug in any legal issue discussed in this ar against the need to protect public testing . Law enforcement agencies ticle should consult their legal adviser. safety, preserve public trust and integ may seek to implement drug testing in Some police procedures ruled permis rity , prevent corruption, present credi a variety of situat ions. They include: sible under Federal constitutional law ble testimony, insure employee morale 1) Application for employment, are of questionable legality under and safety, maintain productivity, and 2) training and probationary status, State law or are not permitted at all. forestall civil liability. 3) scheduled medical examinations, However, in determining whether 4) change of assignment, or drug testing is legally permitted, those 5) observable conduct or behavior. In competing interests must be analyzed addition, an agency may believe it nec and weighed in the specific context in essary to engage in drug testing on a which drug testing would be used. Th is completely random, unannounced ba part of the article will examine the le sis as a safeguard against drug abuse gality of a urinalysis drug testing pro and as a protection of its ability to ac gram which might require testing at complish its mandated responsibilities. various events or occasions. The con Each of these situations will be ana cluding part of the article will discuss lyzed to determine if urinalysis drug the legal issues which must be ad testing would lawfully be permitted as dressed and resolved once drug a reasonable search under the fourth testing is implemented and close with amendment. a proposed model analysis for law en
November 1986 I 25 Testing Applicants drug abuse would be detected. Th is The special role of law enforce would leave only those applicants who ment in our society confers enormous voluntari ly agree to the testi ng proce powers and respon sibilities upon those d ures. Second, most law enforcement persons who are chosen to serve as agencies require an applicant to sub law enforcement officers and officials. mit to a complete med ical examination The powers to make arrests and con before a final hiring decision is made. duct searches are, perhaps, the most P roviding a uri ne samp le for routine intrusive of all governmental activities med ical testing and screening is a nor into the private affairs of citizens. But mal part of such physical examina t ions. Hav ing prov ided that urine Special Agent Higginbotham with that enormous power must also come equal responsibility. Law en samp le for medical purposes and ex forcement must carefully select its offi amination, no privacy interest remains cers, choosing only those persons who which would precl ude analyzi ng the will exercise the powers granted to urine for the presence of illegal drugs them with unfailing consistency to as well. Th ird , it could easily be argued standards set forth by the Constitution that the gove rnment's inte rests, and the laws of the States. It can be outlined earlie r, in r emoving candi strongly argued that persons who are dates from t he applicant process who drug abusers fall outside the category are unquali fied by reason of cu rrent or of people to whom we should entrust recent drug abuse is simply superior to those powers. For many of the rea the privacy interest of the individual , sons discussed earlier, e.g., public particularly where the test is relat ively safety, public trust, preventing corrup unobtrusive. ti o n, presentation of credible testi T he few court cases where this is mony, officer safety, and effective po sue has arisen have un iformly con lice work, drug abusers should be cluded that drug testing of law enforce detected and disqualified from enteri ng ment applican ts through urinalysis is the field of law enforcement. Urinalysis lawful. As the trial court in City of Palm 3 9 drug testing of law enforcement appli Bay v. Bauman noted: cants is one method of furthering the "Certain ly, municipal pol ice and objective of necessarily selective firefighters must expect to meet re hiring. quired minimum standards of physi Such a position appears to be le cal condition in orde r to be hired and gally defensible . Required submission retai ned. Physical examinations con to a urinalysis drug test by a law en ducted to insure that those stand forcement applicant would find support ards are met are to be reasonably in any of three legal theories. First, if expected even though urine testing urinalysis were made a condition of the is a part of those examinations .'"'0 employment application process, sub Similarly, the U.S. District Court in mission to the testing would become Iowa noted that: voluntary and consensual. It would "The Fourth Amendment . . . does force self-selection by causing drug not preclude taking a body fluid abusers to forego employment applica specimen as part of a preemploy tion because th ey would know their ment physical exam ination .. . .'"'1 Accordingly, it appears a law en forcement department could prope rly choose to start its urinalysi s drug
26 I FBI Law Enforcement Bulletin " a comprehensive urinalysis drug testing policy should provide for mandatory testing when warranted by certain actions, conduct, or behavior observed in a law enforcement officer." testing program by requiring all appli common occurrences. We are sub on a change of assignment raises diffi cants for the position of sworn officer jected to them in the armed services, cult legal issues. However, where the to submit to a urinalysis drug test. 42 before getting married, and as a re change of assignment requires an offi quirement to gaining access to many cer to become more closely associated Testing Trainees and Probationary schools and jobs. Sound medical with narcotics investigations or crimi Officers counseling dictates that we voluntarily nals associated with illegal d rugs, a The second situation when drug undergo periodic medical checkups."43 strong argument can be made that it is testing may be considered is during And, as noted in McDonell v. Hunter:44 imperative the reass igned officer be training and/or probationary periods . determined to be free from the abuse Though there is no reported case law "One does not reasonably expect to and the inclination to abuse drugs, as directly on this issue, the same ration discharge urine under circum we ll as the infl uence or association ale which has generally supported stances making it available to others with persons known to be crimina lly in drug testing of applicants could be ad to collect and analyze in order to dis volved with drugs. Alt hough there are vanced to support drug testing of law cover the personal physiological se on ly a few decided cases support ing crets it holds, except as part of a 46 enforcement trainees and probationary 45 this type of drug testing, a forceful le officers. The training and probationary medical examination." gal argument can be made by a law periods of a law enforcement career Of course, it can read ily be seen enforcement agency which can articu should be viewed as an extension of that drug testing of urine as part of a late the specific need which requires the application process. The goal in routine medical examination may not newly reassigned narcotics o r vice offi hiring new law enforcement officers is be a particularly effective way of de cers to be and rema in drug-free. to select persons who are both quali tecting and deterri ng drug abusers. A similar argument might be made fied and able to perform the duties and Notice or knowledge of a regularly for testing as a condition of promotion. responsibilities to which they will be scheduled physical examination may To the extent that consent might not assigned . The application process allow a drug abuser to refrain from the be viewed as sufficient authority to re identifies those persons who are quali abuse of drugs for a period of time quire drug testing of urine before re fied to serve as law enforcement offi prior to the examination sufficient to ceipt of a promotion, a l aw enforce cers. The training and probationary pe purge his /her system of drug residue, ment department cou ld reasonably riods identify those individuals who are thereby avoiding detection. argue that concom itant with the pres capable of completely fulfilling those Nonetheless, drug testing as a part of tige of promotion is the responsibility to duties and who are deserving of reten a medical examination would be le be a model representative of the or tion as tenured, career officers. Drug gally permissible. ganization. Damage to pubic trust, testing of urine may be an appropriate poor policy and decisionmaking, and Testing at Change of Assignment way to accomplish that goal. lower morale are the unfortunat e A fourth instance in which byproducts of drug abuse at high lev Testing at Regularly Scheduled urinalysis drug testing might be consid els of a law enforcement organization. Physical Examinations ered is in connection with a law en Accordingly, a department might A third part of a urinalysis drug forcement officer's or official's change argue that drug testing is needed to in testing program could lawfully requ ire of assignment. sure that only the most competent law a law enforcement officer to submit to With regard to a change of assign enforcement officers receive positions drug testing as part of a regularly ment not involving a promotion, the of greater trust and res po nsibil ity, scheduled physical examination. Drug critical factor in determining the legal ity urinalysis drug testing is necessary. testing of urine as part of regularly of a mandatory urinalysis drug screen Again , there is no reported case law scheduled physical examinations can is probably the nature of the new as on this type of drug testing, 47 but it is be viewed as an extension of the urine signment. If the reassignment cannot believed a well-reaso ned and articula testing done for other medical pur reasonably be expected to increase ted policy requiring drug testing as a poses. Routine "(p)hysical examina the risks or adverse consequences of condition of promotio n could survive a tions ... by medical personnel are drug abuse, drug testing based solely legal challenge.
November 1986 ; 27 " the drug testing program should clearly state that it is applicable to every officer.
Testing Warranted by Actions, "Certainly the public interest in the public interest ensuring that the police Conduct, or Behavior safety of mass transit riders out fo rce operates free of narcotics ...."53 The discussions thus far of the sit weighs any individual interest in Certain limitations on "reasonable uations of law enforcement officers refusing to disclose physical evi suspicion" drug testing of urine, should which would justify the actual drug dence of intoxication or drug be considered, however. For example, testings have focused on specific oc abuse...."50 in McDonell v. Hunter, 54 the court held casions, unaffected by performance or There is little, if any, difference be that reasonable suspicion testing behavior. However, a comprehensive tween a court's concern for the safety would be lawful only if : 1) The urinalysis drug testing policy should of mass transit riders and the physical articulable facts constituting reason provide for mandatory testing when safety of persons in the community able suspicion were reduced to writing warranted by certain actions, conduct, served by law enforcement officers. In and made a part of an official record, or behavior observed in a law enforce both cases , drug abuse poses a real 2) the facts were disclosed to the em ment officer. The analysis of the legal and measurable threat to the safety of ployee at the time of testing, and 3) the ity of such behavior-oriented drug those persons sufficient to warrant decision to require submission to drug testing can be divided into two urinalysis drug testing following in testing were made by a high-level law subcategories: 1) A serious incident of volvement in a serious accident or inci enforcement official within the depart on-duty conduct and 2) observed be dent. If drug abuse by a law enforce ment. These limitations were designed havior which has not caused any spe ment officer causes or contributes to a to minimize the chance for arbitrary or cific incident but provides some level serious incident or accident, it must be capricious selection of persons to be of suspicion of drug abuse. detected to prevent its recurrence. tested, and a department should be As noted at the outset of this arti Therefore, a department may wish to well-advised to consider these or simi cle, in excess of 50 railroad accidents consider including a "serious incident" lar safeguards. have been attributed to drug or alcohol provision as part of a comprehensive Unannounced Random Testing impairment. Is there a parallel to law drug testing program. enforcement situations? May urinalysis The situations discussed thus far, Situations may also arise where drug testing be ordered in any instance under which a law enforcement no serious accident or mishap has in which a law enforcement officer was agency might seek to engage in drug occurred, but a law enforcement officer involved in a serious automobile acci testing, have all been based on certain exhibits certain behavior which is sus dent, shooting incident, or similar mis occasions, occurrences , or behavior. picious or indicative of drug abuse. hap? One case, though not a law en Yet, if the purpose of a urinalysis drug When such behavior can be articulated forcement case, suggests that the testing program is to both detect and and reaches the level of "reasonable answer is yes. deter drug abuse in law enforcement, suspicion," courts will permit a law en In Division 241 Amalgamated testing only at application, during train forcement agency to require participa Transit Union (AFL-C/0) v. Suscy,49 ing or probation, at medical examina tion in urinalysis drug testing. In three the Chicago Transit Authority required tions, upon change of assignment, or law enforcement cases decided to submission to a urinalysis drug screen as a result of some type of conduct date, the courts have upheld the right for all employees involved in serious may not be completely adequate. If an of the law enforcement agency to en accidents. In upholding the legality of officer stays drug-free through applica gage in urinalysis drug testing based that "serious accident" policy, the court tion, training, probationary and medical on reasonable suspicion.51 In this con stated : examination periods; does not seek text, reasonable suspicion requires "... the Chicago Transit Authority reassignmen t or promot ion; does not that the testing must be predicated has a paramount interest in pro become involved in any serious inci "only on the basis of ... objective facts tecting the public by insuring that dents; or does not exhibit behavior and the reasonable inference drawn bus and train operators are fit to per creating a reasonab le suspicion of from those facts .. .." 52 Based on rea form their jobs. In view of this inter drug abuse, that officer's drug abuse sonable suspicion, urinalysis drug est, members of plaintiff Union can could go undetected and largely testing is lawful "(b)ecause of the clear have no reasonable expectation of undeterred. The solution to t hat possi privacy with regard to submitting to bility and probably the most effective blood and urine tests.
28 I FBI law Enforcemenl Bulletin method to deter and detect drug abuse When the immediate end sought is a given period of time. Though no is through unannounced random weighed against the private right af court has directly required such a limit, testing. fected , the proposed search and sei mandatory submission to urinalys is The legal problem posed by zure is constitutionally drug testing, even randomly, several unannounced random testing is that it unreasonable."57 times within a short period of time in conceivable permits arbitrary Can unannounced random testing creases the risk that a court could find "searches, " which the courts have long be legal? One cannot accurately pre the testing program to be ove rly intru 55 60 disdained. In Delaware v. Prouse, dict whether future litigation will be sive or unfair. The negative aspect of the Supreme Court ruled that stopping more successful if a law enforcement this feature is the loss of deterrent motorists for driver's license inspec agency desires to include unan value. An officer who is tested the tions, without any factual indication the nounced random testing as part of its maximum number of times early in the person was improperly licensed , and urinalysis drug testing program. How given time period then knows he/she without any standard or safeguard ever, there are certain features which , wi ll not be tested again for a cons ider against an arbitrary exercise of discre if included in the program, will at least able period of time. tion, is an unconstitutional practice. increase the likelihood of success. The fourth sugges ted feature for The analogy to unannounced drug First, the drug testing program an unannounced random drug testing testing is obvious. should clearly state that it is applicable program is to establish the need. A de Are drug testing policies which to every officer. A court must be con partment which has a known problem permit mandatory urinalysis not based vinced that the drug testing program of d rug abuse and can document the on any specific event or factual basis will either test all officers or subject all adverse impact it has brought upon the constitut ional? This is clearly the most officers to an equal risk of drug testing. department can offer a strong argu controversial aspect of urinalysis drug It is, in essence, a universal testing ment that unannounced random d rug testing. It evokes strong sentiments program designed to deter drug use testing is needed to halt existing drug from officers who often view it as man generally and not aimed at any specific abuse and deter fu rther illegal drug agement's belief that they are guilty of individual or group of officers. use by its officers. But a department illegal drug abuse until they prove The second feature essential to a should not be re qu ired to a llow drug them selves innocent through urinalysis legally defensible unannounced testing abuse to plague its operations before it drug testing. Predictably, unan program requires the removal of the acts to prevent its adverse conse nounced random drug testing has "unconstrained exercise of discre quences. Even in the absence of a spawned much litigation and poses tion"58 from the selection process. It known or widespread problem of drug some very difficult and close legal would do no good to adopt a universal abuse, a law enforcement agency can issues. testing policy only to have it under make a strong argument that the de Three law enforcement agency mined by arbitrary selection of persons terrent benefits of a drug testing pro cases have been decided where poli to be tested. T ruly random selection gram in terms of integrity and public cies which included unannounced ran models can be done mathematically o r trust and effective law enfo rcemen t op 56 dom testing were involved. In all be generated by computer. Regardless erations are sufficient to make the drug th ree cases, the courts have found the of the method chosen to randomly se testing program legal. This would ap policies, as drafted, were unconstitu lect officers to be tested, it must "not pear to be particularly true of agencies tional. The court's difficulty with such grant the Department carte blanche to with unique missions and responsibili testing was summarized by the trial order testing on a purely subjective t ies , such as narcotics law enforce court in City of Palm Bay v. Bauman: basis."59 ment or national security. Where drug "Without a scintilla of suspicion di The third suggested featu re , abuse can be shown to be total ly inim rected toward them, many dedicated though not imperative, as a constraint ical to the specifically mand ated or firefighters and police officers are on the universal testing-random selec statutory responsibilities of an agency, told, in effect, to submit to such tion drug testing program is a limit on u nannounced ra ndom testing is an testing and prove themselves inno the number of times that any individual a rguably appropriate agency cent, or suffer disciplinary action. officer can be selected for testing over response.
November 1986 I 29 a universal pool of potential officers subject to testing and selected by a purely randoom method ... could convince a court that such testing procedures for law enforcement are reasonable and lawful."
There is only one case in which a searches and seizures may be reaso n whose duties include u nde rcover narcotics enforcement , but sustained the use of drug testing as a prereq uisite to universal testing-random selection able even in the absence of individual assi~nment to that bureau. model was upheld. In Shoemaker v. ized suspicion if "ot her safeguards ... 7The language quoted from Harris v. Washington in 61 note 46, supra, would also support promotion-based drug Handel, the New Jersey State assure that the individual's reasonable testing. But compare, Application of Patchogue-Medford Rac ing Commission required that all Congress of Teachers v. Board of Education of expectation of privacy is not subject to Patchogue-Medford Union Free School District, reported jockeys participating in horse races the discretion of the official in the in the January/ February 1986, newsletter, "Of Substance," 64 Legal Action Center of the City of New York , Inc. , New would be tested for drug abu se field." The safeguards discussed York, NY. (Uri ne drug testing as requirement of promotion through urinalysis based on a random above, a universal pool of potential of to tenured teaching position violates fourth amendment). ol6see note 2. selection. Each day, the names of all ficers subject to testing , selection by a 49538 F .2d 1264 (7th Cir.), cert. denied, 429 U.S. the jockeys racing were placed in an pure ly random method and protection 1029 (1976). 5lJ/d. at 1267. envelope. Three to five names of jock against overly frequent urinalysis, cou 51Turner v . Fraternal Order of Police, 500 A.2d 1005 eys were drawn on a purely random pled with a specialized need to combat (D.C. App. 1985); City of Palm Bay v. Bauman, 475 So.2d 1322 (Fla. App. 5th Dist. 1985); McDonell v . Hunter, 612 basis and those jockeys were then re drug abuse within a department, cou ld F.Suff.. 1122 (D. Iowa 1985). McDonell v. Hunter, supra note 51 , at 1130. quired to provide a urine sample at the convince a court that such testing pro 53Turner v. Fraternal Order of Police, supra note 51, conclusion of the race day. In cedures for law enforcement are rea at 1009. 54Supra note 51 . See also, Division 241 Amalgama upholding that policy, the court stated: sonable and lawful. ted Transit Union (AFL-CIO) v. Suscy, 538 F.2d 1264, "The fair characterization of those 1267 (7t h C ir. 1976). (To be continued) 55440 u.s. 648 (1979) . tests is that they were administered !XlCity of Palm Bay v. Bauman, 475 So. 2d 1322 (Fla. neutrally , with procedural safe App. 5th Dist. 1983); McDonell v. Hunter, 612 F. Supp. 1122 JD · Iowa 1985); Caruso v. Ward, supra note 46 . guards substituting for the lack of 5 475 So. 2d at 1325. (Appellate court's quote of trial any individualized suspicion .. . Fur court 's ruling.) Footnotes saDelaware v. Prouse, supra note 55 at 663. 59 Turner v. Fraternal Order o/ Police, supra note 55. ther, every jockey participating in 42 The discussion in this article of fourth amendment at 1008. racing on a given evening has an reasonableness as it governs urinalysis drug testing is 60 For example, in Shoemaker v . Handel, 619 F. equal chance of being selected to confined to drug testing for sworn personnel. This is not to Supp. 1089 (D New Jersey 1985). aff'd _ F.2d _ suggest that civilian or support law enforcement employ (3d Cir. 1986), the trial court not ed that the drug testing give a urine samp le under the name ees could not or should not be similarly tested. However, program required that If a horse racing jockey were ran· the balancing test for reasonableness involves somewhat domly selected for drug testing more than three times drawing system. different factors for nonsworn personnel who , for example, withm 7 days, the selection was to be disrega rded. That "There is considerable evidence that do not generally carry weapons or testify in oourt. In addi finding apparently contributed to the court' s ult imate rul ing tion, the paucity of case law. coupled with the many varied that the test ing procedures employed there were not a testing approach which requires duties to which nonsworn personnel are assigned, makes u nconstitutional. even broad generalizations regarding the leg ali ty of such 61 Supra note 60. some element of individualized sus drug tesling virtually impossible. The few court decisions 62 regarding urinalysis drug testing outside the law enforce 1d. at 1103. picion would actually increase the 63 ment arena highlight the point that the balancing test for Supra note 55. 64 fourth amendment legality is markedly different See, e.g. , 440 U.S. at 655. ability of a steward to act in an arbi 65 Jones v. McKenzie, 628 F.Supp. 1500 (D.D.C. 1986) Caruso v. Ward; supra note 46, slip op. at 6. trary and unreasonable (urinalysis drug testing of school bus attendant permitted ossee I .N.S. v. Delgado, 104 S.Ct. 1758, 1763 (1984) manner . ..."62 only on probable cause). ("[o}rdinarily, when people are at work their freedom to "'u.s. ex rei Guy v. McCauley, 385 F.Supp. 193, 199 move abo ut has been restricted, not by the actions of law The governmental interests in (E.D. W isconsin 19741. enforcement offici als , b ut by the work ers' voluntary obl iga· 44Supra note 41 . See a/so, City of Palm Bay v. tions to their employers") . regulating the horse racing i ndust ry Bauman, 475 So. 2d 1322, 1323 (Fla. App. 5th Dist. 1985) and the governmental interests in (dictum). 45612 F.Supp. at 1127 (emphasis added). regulating law enforcement officers' ""There are no r eported decisions on this point How conduct are certainly not identical, and ever , Mr. Richard J. Koehler, Chief of Personne l, New York City Police Department, in his abstract, "Drug and therefore, Shoemaker cannot be read Narcotic Screen ing of Police Personnel," October 1985, as absolute authority to conduct uni quotes an unreported decision of the Seventh Circuit Court of Appeals, Harris v. Washington, No. 84C 8812, versal testing-random selection pro which upheld such testing, as follows: "... drug screening appears to be part of the department's method for grams . However, it highlights the point ensuring tha t officers who have been temporarily away made by the Supreme Court in Dela from active service or who are about to undertake new du· 63 ties are fit to perform their jobs." See also, Caruso v. ware v. Prouse, that certain Ward, N.Y. Sup. Ct., N .Y. Cty, No. 12632·86, July 1, 1986, where a trial court enjoined the New York City Police De partment's policy requiring surprise testing of the 1 ,200 of· ficers assigned to the Organized Crime Control Bureau,
30 I FBI Law Enforcement B ulletin WANTED BY THE
Any person having information which might assist in locating these fugitives is requested to notify immediately the Director of the Federal Bureau of In vestigation, U.S. Department of Justice. Washington, DC 20535, or the Special Agent in Charge of the nearest FBI field office, the telephone number of which appears on the first page of most local directories. Because of the time factor in printing the FBI Law Enforcement Bulletin , there 1S the possibility that these fugitives have already been apprehended. The nearest office of the FBI will have current information on these fugitives' status.
Photograph taken 1975 Photographs taken 1977 Photographs taken 1979
Will ie Joe Daniel, Bill Clara Killingsworth, Joseph Michael Florczak, also known as Bill Ki llingsworth , Bill Clare a lso know n as Joe Daniel, W.J . Daniel, also known as Jim Domin, Joe M. Domin, W ill iam Joe Dan iell , Joe Daniels, Willie Joe Killingsworth , Billy Clair Killingsworth . Harvey Emerson, Raul Ozuna Gil , Raul 0. W; born 10-18-34, San Perlita, TX; 5'9"; Gill, C. Harker, J. Harker, David Lee Harris, Daniels . N; born 2-9-33, Kerens, TX (n ot supported 155 lbs; med bid; brn hair; bl eyes; fair Daniel Higdon, Joe Jimenez, Joe Jiminez, comp; occ-buyer, clerk, material investiga Reyes J. Jimenez, Reyes J. Jiminez, Henry by birth records); 5' 9" to 5'10"; 180-191 lbs; med bid; blk hair; brn eyes; drk comp; occ tor, production controller, storekeeper, su Warren Johnson, Craig S. Ronson. W; born 4-7-26; New Britian, CT; 5 ' 10"; 165 butcher, laborer, meat packer, mechanic, pe rintendent of retirement home ; scars and marks : scar on chin. lbs ; med bid; brn hair (known to wear beard musician, packi ng room foreman ; and/or mustache); blue eyes ; ruddy comp; scars and marks: scar on forehead, surgical Wanted by FBI for INTERSTATE FLIGHT remarks: prefers rural areas. scar on inner right wrist, two hernia scars; KIDNAPING, SEXUAL ASSAULT, ESCAPE. Wanted by FBI for INTERSTATE removable lower left tooth ; FLIGHT-MURDER. remarks: plays guitar and saxophone . NCIC Classification: Wanted by FBI lot INTERSTATE FLIGHT P00914P017161216DI16 NCIC Classification : MURDER, ATTEMPTED MURDER. Fingerprint Classificat ion: AA71 AA1903AAAA041607 NCIC Classification: 9 0 9 u 100 17 Ref: 9 25 25 Fingerprint Classification PMPOPMPOPOPOPIPM2017 M 18 U 001 17 17 18 21 1 aRa 3 1 aA Fingerprint Classification : 1.0. 4890 20M 31 W 0 MO Social Security 1.0. 4901 0 31 W I MO 17 Numbers Used: 490-32-8849; 490-32-8949 Social Security Number Used : 049-16-3947 1.0. 4889 FBI No. 819 043 P5 FBI No. 651 259 L5 Social Security Caution Number Used: 464-40-8165 Killingsworth is being sought as an escapee Caution FBI No. 583 718 B from the New Mexico State Penitentiary Florczak is being sought in connection with where he was serving a life sentence for the stabbing death of his ex-wife. He is also Caution kidnaping and sexual assault. Killingsworth, wanted by local authorities for armed rob Daniel, a reported drug user, is being a reported narcotics user, should be consid bery with a handgun. Consider Florczak soug ht in connnection with the shooting ered armed , dangerous, and an escape armed and dangerous . murders of two of his children and the at risk. tempted murder of two others. Consider Daniel armed and dangerous.
Left thumbprint Right thumbprint Right little fingerprint
November 1 986 I 31 WANTED BY THE l%1 g3TI
Photographs taken 1979, Retouched Donald Eugene Webb, Photograph taken 1979 also known as A.D . Baker, Donald Eugene Alphonse Carmine Persico, Perkins (True Name), Donald Eugene Neville McBean, also known as A. Persico, Alphonse Pierce, Stanley J. Pierce, John S. Portas, also known as Mack Bean, Tom Bean, Persico, Alphonso Persico, Alley Boy Stanley John Portas, Donald E. Webb , Frank Davis, Mack Davis, Cephas Persico, Alley Boy, Allie Boy Persico, Allie Eugene Donald Webb, Stanley Webb, Alexander McBean, Cephus Alexander Boy, AI , Ally Boy. Wilfred Y. Reams, and others. McBean, Nevelle McBean, Nevill McBean, W; born 12-6-29, Brooklyn , NY; 6'--6'2"; W; born 7-14-31, Oklahoma City, OK; 5'9", Neville McBeam . 215 lbs; hvy bid; blk-gray hair; brn eyes; ol 165 lbs; med bid; gray-brn hair; brn eyes ; N; born 1-4-30 ; Higgin Town, St. Ann, ive comp; ace-carpet layer, legal clerk, med comp; ace-butcher, car salesman , jew Jamaica (not supported by birth records); president of carpet installation firm , security elry salesman , real estate salesman , res 6 ' 0"--6' 1"; 190--220 lbs; med bid; blk hair; consultant; taurant manager, vending mach ine brn eyes; drk comp; occ-farm laborer, scars and marks : burn scar on left cheek; repairman; house painter, scrap metal dealer, truck tattoo: "AL" on right hand between thumb scars and marks: small scar on right cheek driver; and forefinger; and right forearm; tattoos: "DON " on web of scars and marks: scar left finger; knife scars remarks: allegedly wears his hair short with right hand, "ANN" on chest ; on abdomen ; gunshot wound scar right side a permanent and may be wearing full beard remarks: Webb, who is considered a career of spine; pock marks on left side of face; and mustache. criminal and master of assumed identities, remarks : speaks with British accent; Wanted by FBI for EXTORTIONATE specializes in the burglary of jewelry stores. illiterate. CREDIT TRANSACTIONS-BOND Reportedly allergic to penicillin, loves dogs, Wanted by FBI for INTERSTATE DEFAULT. is a flashy dresser, and big tipper. He may FLIGHT-MURDER. be accompanied by Frank Joseph Lach, NCIC Classification : NCIC Classification: white male, born 11-23-40, Providence, Rl , 166313C005PI61141613 6', 270 lbs, brn hair, brn eyes, whose ap PI1862CIPI1716PMPOCI Fingerprint Classification: prehension is also being sought by the FBI. Fingerprint Classification: Wanted by FBI for INTERSTATE FLIGHT Ref: 11 16M 13 R 000 5 Ref: 13 18 I 12 Ur MURDER; ATTEMPTED BURGLARY. I 1ROOO 2 L 22 U 22 NCIC Classification : 1.0. 4904 1.0. 4875 080406130804TT020906 Social Security Social Security Fingerprint Classification: Number Used: 072-22-1415 Numbers Used: 244-18-8835; 8 S 1 U Ill 8 Ref: T T U 494-42-1188 FBI No. 263 729 A S1TII TRR FBI No. 193 336 D Caution 1.0. 4873 Caution Persico, a convicted murderer and reputed Social Security McBean is being sought for the murder of a underboss of an organized crime family in Number Used: 462-48-0452 female victim, whom he shot in the face Brooklyn, NY, is being sought for failure to FBI No. 4 513 086 with a .38-caliber handgun. McBean is appear after being convicted on multicounts Caution known to possess dangerous weapons and of an indictment charging violation of the should be considered armed, dangerous, extortionate credit transaction law. Persico Webb is being sought in connection with the and an escape risk. has been known to carry a weapon in the murder of a police chief who was shot twice past and should be considered armed a nd at close range afte r being brut ally beaten dangerous. about the head and f ace with a blunt instru ment. Consider Webb and Lach armed and extremely dangerous. Consider Webb an escape risk. FBI TOP TEN FIGITIVE
Right middle fingerprint G left th=bprim 32 I FBI Law Enforceme nt Bulletin Questionable Pattern
This pattern consists of two sepa rate loop formations , with two separate and distinct sets of shoulders and two deltas, and is classified as a double loop whorl. The tracing is meeting . We have referenced this pattern to a loop of three ridge counts, inasmuch as the upper looping ridge is slightly pointed.
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The Bulletin Notes
Patrolman Jeff Everetts, Brinkley, AR, Police Department, responded to a bus accident on July 14, 1986, and according to doctors , saved the lives of at least three injured victims by ap plying tourniquets and rendering others first aid. The Bulletin is very pleased to join Patrolman Everetts' chief in recogniz ing this public service.
Patrolman Everetts