8 POLICE ETHICS and POLICE DEVIANCE 227 INTRODUCTION Are the Events That Are Different and Not Normal

Police Ethics and Police Deviance C H A P T E R 8

LEARNING OBJECTIVES

• Identify some of the forms and extent of police deviance. M I • Explain various reasons for police corruption, L including why corruption E may be more likely in policing than in other S professions. , • Discuss various responses to police a m c / A l a m y brutality and corruption, S both within departments H and agencies and in the Sex-Related Misconduct community. OUTLINEA N Domestic Violence in Police Families • Explain how officers can Ethics and the Police Biased-Based Policing be held legally liable for The Dilemma ofN Law Versus Order Police Brutality their conduct, including Review of the PoliceO Responses to Police Corruption the reasons for and Investigations Police Corruption results of legal action N Discipline and Termination Corruption Makes Good Books brought against officers. Preventive Administrative Actions and Films Citizen Oversight • Describe the effects of Examples of Police Corruption 1 Police Civil and Criminal Liability allegations of corruption Reasons for Police Corruption Types and Forms of Corruption State Liability on the officer, the 9 Federal Liability agency, law enforcement Noble Cause Corruption Effects of Police0 Corruption Reasons for Suing Police Officers in general, and the Effects of Lawsuits on Police community. Other Police Misconduct9 Departments and Officers Drug-Related Misconduct T The Emotional Toll of Sleeping on Duty Police Lawsuits Police DeceptionS

62736_ch08_ptg01_hr_226-258.indd 226 9/4/14 7:04 PM CHAPTER 8 POLICE ETHICS AND POLICE DEVIANCE 227 INTRODUCTION are the events that are different and not normal. Police officers across the United States do thousands of good Police officers in the United States are given tremen- acts every day. They arrest lawbreakers, find lost chil- dous authority and wide latitude in using that author- dren and people suffering from Alzheimer’s, walk the ity. In addition, to the average citizen, the police are elderly across the street, bring the sick and injured to the the most visible symbol of not only the U.S. criminal hospital, deliver babies, stop fights and arguments, and justice system but also the U.S. government. counsel the confused. That is their job, and they do it Many police officers complain that the press over- well, but that is not news. But when the very people we does coverage of corrupt or brutal police officers. trust to uphold our law—to serve as the model of what The home videotape of the 1991 beating of African our law is and what it stands for—violate that law, that American motorist Rodney King by four white Los is news. That is the person biting the dog. It is healthy Angeles police officers was broadcast over every televi- that police misconduct is news. Imagine if this miscon- sion network in the United States for weeks. The 1997 duct were so common that it did not qualify as news. Abner Louima case (in which a New York City police It must be remembered, before reading this chap- officer allegedly inserted a stick into the rectumM of a ter, that the vast majority of the more than 800,000 men prisoner and then put the feces- and blood-coveredI and women in our nation’s law enforcement agencies stick into the prisoner’s mouth) was worldwide news. are extremely ethical. Unfortunately, a few are not, Sometimes it can seem like the media is onlyL cover- and therefore, this chapter must exist. However, it is ing the bad things and ignoring all the goodE work that indeed about the person biting the dog, not the dog police officers do on a daily basis. biting the person. This chapter will discuss ethics and We must remember that the media operateS under police deviance, including police corruption and other the following philosophy: If a dog bites a person,, that is misconduct such as police sexual violence, domestic not news. Dogs bite people every day of the week. But violence in police families, police deception, and police if a person bites a dog, that is news. Newsworthy items S brutality. H A N N excessive and defective responses. A person’s char- Ethics and the Police acter traits” are the individual’s habitual ways of What is ethics? Ethics is defined as theO study of responding, and individuals who are the most admi- what constitutes good or bad conduct. TheN term is rable are those who find the norm between the two often used interchangeably with morals , which is extremes regularly. The virtues cited by Aristotle understandable because they came from similar root more than 2,000 years ago include courage, self- meanings pertaining to behavioral practices1 or char- control, generosity, high-mindedness, gentleness, acter. Applied ethics is concerned with the study of truthfulness, and modesty. 2 These traits are still what constitutes right and wrong behavior9 in cer- looked upon as evidence of good character. tain situations. 1 Basic ethics are the rather0 broad Over the past few decades, there has been a moral principles that govern all conduct, whereas growing interest in ethics in the academic and law applied ethics focuses these broad principles9 on enforcement literature, including textbooks, stud- specific applications. For example, a basicT ethical ies, journal articles, and media articles. Many tenet assumes that lying is wrong, and appliedS ethics departments and law enforcement organizations are would examine under what conditions such a wrong would occur. Aristotle defined virtue as what he called the corruption Acts involving misuse of authority by a police Golden Mean or Nicomachean ethics. This philoso- officer in a manner designed to produce personal gain for the phy suggests that life circumstances trigger a natu- officer or others. ral range of response that includes a mean between ethics The study of what constitutes good or bad conduct.

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promoting in-service training in the area of ethics. Other standards governing police ethics are The International Association of Chiefs of Police the U.S. Constitution and the Bill of Rights, case (IACP) offers courses in ethics, including “Ethical law as determined by appellate courts and the U.S. Standards in Police Service, Force Management, and Supreme Court, and federal and state criminal laws Integrity Issues” and “Value-Centered Leadership: and codes of criminal procedure. A Workshop on Ethics and Quality Leadership.” Although these standards appear to set a perfect The IACP and the Office of Community Oriented example for police officers and mandate exemplary Policing Services (COPS) have made an “Ethics performance by them, how widely accepted and fol- Toolkit” resource available on the IACP website lowed are they by individual officers and depart- for increasing awareness of law enforcement ethics. ments? As Pollack explains, the police subculture Additionally, the FBI Virtual Academy has part- often works against these official ethical precepts.4 nered with COPS to provide a free online course for The informal code of conduct that is taught through law enforcement personnel on ethics for the indi- socialization includes doing the right amount of work, vidual officer. Many departments have incorporated keeping a cool head, backing up fellow officers, not ethics into their mission statements, core values, giving up another cop, not volunteering information, and hiring process. They also have stressed ethicsM not making waves, covering their butts, and not trust- training as part of their commitment to community ing administration to look out for their best interests. policing. These departments recognize that trustI is This subculture and these values, however, may be a vital element of community policing and that ethi-L breaking down in police departments today due to cal people inspire trust but unethical people do not. increased diversity among officers, police unions’ for- They realize that ethics training will help depart-E malization of grievance processes, and the threat of ments recognize their full potential. S civil litigation when covering up for other officers. It is important for police officers to study eth- Evidence exists that the U.S. public believes to a ics for many reasons. Police officers use a lot of dis-, great extent that our police are good, are ethical, and cretion, and one of their duties is the enforcement of do the right thing. Although the public has less con- the law. It is their duty to protect the constitutional fidence in all institutions than they did in past years, safeguards, such as due process, and the equal pro-S the police ranked third in a recent poll on public trust, tection that are the basis of our system. They Hare with 57 percent of respondents rating the police either public servants, and their behavior involves Athe very high or high in honesty and ethical standards. public trust. Education and training that address The two institutions ranking higher were the military the issue of ethical decision making will aid officersN with 76 percent and small business with 65 percent. in the decision-making process. As mentioned, Nthe Only 10 percent had confidence in Congress (ranking IACP and police departments across the nation have it lowest) and only 22 percent in big business. 5 recognized the importance of this topic, and ethicsO In a report prepared by the Administration of training takes place both in academies and as partN of Justice Program at George Mason University for in-service training. the IACP in October 2001, the authors found that How do we measure police ethical standards? not only do the police consistently rank among the What standards have been established to determine1 institutions and occupations in which the public how police officers should act? Joycelyn Pollock, in expresses the highest confidence and trust, but also her excellent book Ethical Dilemmas and Decisions9 in most citizens are satisfied with police service in their Criminal Justice , identified some of these standards:0 own neighborhoods. Interestingly, most citizens have not had face-to-face contact with police, and • Organizational value systems or codes of ethics 9 therefore their opinions are based primarily on sec- designed to educate and guide the behavior of ondhand information and media accounts. 6 those who work within the organization T S In a sad turn of events, this respect, support, • An oath of office, which can be considered a and caring for police officers was painfully obvious shorthand version of the value system or code of in late 2009 when the state of Washington had six ethics police officers murdered within weeks. During the • The Law Enforcement Code of Ethics, as pro- funerals, massive numbers of citizens attended the mulgated by the International Association of services, lined the procession route, and donated Chiefs of Police (IACP) 3 money to show their support for the officers putting

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their lives on the line every day for the community. many variables and sometimes contemplate accom- Most of these community members did not know plishing the most good for the greatest number of the officers but felt it was important to show support people. Whenever they do this, they are open to for law enforcement, stand up for what was right, questions and criticism. If they consider the wrong and share the message with their children. The emo- factors (race, ability to gain influence, payoffs) in tion evident in these citizens’ faces and voices was making these decisions, they may be on the slippery touching, and police officers were humbled by the slope to corruption. The slippery slope concept sug- love and support their community showed them. gests that when people begin to deviate, they do it in small ways, but once they have deviated, they begin to slide down a slope that leads to greater and more pronounced types of deviance. Therefore, there is no The Dilemma of Law such thing as “minor” unethical behavior. 8 Versus Order Police corruption and police brutality have always Review of the Police been part of policing. The names, places,M and times change, but corruption and brutality remain. The Possibly because of the dilemma of law versus order, role of the police in maintaining law andI order in the police are constantly under review by government U.S. society has always contained an inherentL con- agencies, including federal, state, and local agen- flict. 7 It would be very easy to maintain law and order cies; the courts; academics; the media; and the gen- by ensuring that our cops were bigger, meaner,E and eral public. Numerous national commissions have tougher than our criminals, and by lettingS the cops looked into the operations of the police. Among the just beat up all the criminals to ensure a safe society. most noteworthy were the National Commission Of course, we cannot do that. We must have, our police on Law Observance and Enforcement, more popu- comply with the same laws they are paid to enforce. larly known as the Wickersham Commission (1931); Police officers face ethical dilemmas Severy day. the President’s Commission on Law Enforcement They make difficult decisions on a daily basis using and Administration of Justice (1967); the National discretion. Every situation is different, andH circum- Advisory Commission on Civil Disorders, commonly stances surrounding an incident may determineA referred to as the Kerner Commission (1968); the whether an arrest is made. Officers have to weigh National Advisory Commission on Criminal Justice N Standards and Goals (1973); and the Commission on N Accreditation for Law Enforcement Agencies (1982). 9 YOU ARE In addition to the national commissions, state THERE National Commissions OverseeingO and local commissions, panels, and hearings have the Police N looked into the behavior and operations of the police. 1931 National Commission on Law The most notable was the Knapp Commission to Observance and Enforcement Investigate Allegations of Police Corruption in (Wickersham Commission) 1 New York City, commonly known as the Knapp Commission . 1 0 The Knapp Commission was created 1967 President’s Commission on Law 9 in 1970 by New York City Mayor John V. Lindsay in Enforcement and Administration0 of response to a series of articles in the New York Times Justice 9 detailing organized, widespread police corruption 1968 National Advisory Commission on Civil in New York City. The Knapp Commission held Disorders (Kerner Commission) T public hearings, and its findings caused widespread 1973 National Advisory Commission onS changes in the policies and operations of the New Criminal Justice Standards and Goals York City Police Department (NYPD). 1982 Commission on Accreditation for Law Enforcement Agencies Knapp Commission Commission created in 1970 to investi- © 2016 Cengage Learning ® gate allegations of widespread, organized corruption in the New York City Police Department.

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YOU ARE THERE The Knapp Commission Discovers Corruption The Knapp Commission was created in 1970 by New violate the Sabbath law, a former New York York City Mayor John V. Lindsay in response to alle- City law that required certain food stores—such gations brought by New York City police officers as delicatessens, groceries, and bodegas—to Frank Serpico and David Durk of widespread corrup- close down on Sundays. tion in the New York City Police Department (NYPD). • Parking and traffic. Officers received payoffs These allegations were detailed in several articles in from motorists who wanted to avoid traffic the New York Times and received national attention. summonses, as well as from business estab- The hearings conducted by the commission also lishments to discourage officers from issuing received national attention in the media. The com- summonses for illegal parking in front of their mittee’s final report was issued in 1972, and its find- businesses. ings were responsible for widespread changes in the • Retrieving seized automobiles from the police. policies and operations of the NYPD. Officers at city automobile storage yards The types of corruption in the NYPD discoveredM received payments from owners to retrieve their by the Knapp Commission through its hearings, inves-I automobiles. tigations, and informants were so many and so varied • Intradepartmental payments. Certain officers that they could fill volumes. The Knapp CommissionL received payments for doing paperwork for discovered corruption in the following areas: E other officers and for temporary assignments, • Gambling. Officers assigned to plainclothes permanent assignments, and medical discharges. (antigambling) units received regular monthlyS • Sale of information. Officers received payments payments from the operators of illegal book- , for the sale of confidential police information to making, policy, and other gambling operations. criminals and private investigation firms. The regular monthly payments were called “the pad.” Other payments that involved one-time-S • Gratuities. Officers received free meals, drinks, only payments were called “scores.” hotel rooms, merchandise, Christmas payments, H and other gifts and tips for services rendered. • Narcotics. Officers assigned to narcotics units extorted money and other bribes, including A • Miscellaneous. Officers received payments from drugs, from drug addicts and dealers. The N fortune-tellers, loan sharks, automobile theft officers also conducted illegal wiretaps and used rings, hijackers, and peddlers. Officers stole other unlawful investigatory techniques. In addi-N money and property from dead bodies (DOAs) tion, officers engaged in flaking people (claimingO and their apartments. They burglarized stores someone was in possession of narcotics when and other premises. he or she was not—the drugs used for evidenceN The Knapp Commission’s report distinguished were from the officer’s own supply) and padding between two types of corrupt officers: grass-eaters arrests (similar to flaking, but involving adding1 and meat-eaters . Grass-eating, the most common form enough extra narcotics, or felony weight, to the of police deviance, was described as illegitimate activ- defendant’s total to raise the charge to a felony).9 ity that occurs from time to time in the normal course • Prostitution. Officers involved in plainclothes units0 of police work, such as taking small bribes or relatively maintained pads and received scores from houses minor services offered by citizens seeking to avoid of prostitution, prostitute bars, and prostitutes.9 arrest or to get special police services. Meat-eating, in contrast, was a much more serious form of corrup- • Construction. Uniformed officers received payoffsT tion involving the active seeking of illicit moneymak- from contractors who violated city regulations or S ing opportunities. Meat-eaters solicited bribes through who did not possess proper licenses and permits. threat or intimidation, whereas grass-eaters made the Bars. Officers received payoffs from licensed and • simpler mistake of not refusing those that were offered. unlicensed bars to overlook crimes and violations. • Sabbath law. Officers received payoffs from Source: Adapted from Knapp Commission, Report on Police food store owners to allow the owners to Corruption (New York: Braziller, 1973), pp. 1–5.

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The police are also under constant review by the Is giving an officer a free cup of coffee or a sand- U.S. judicial system through judicial review. Judicial wich an act of corruption? It can be difficult to distin- review is the process by which the actions of the guish between genuine gifts (such as Christmas gifts), police in such areas as arrests, search and seizure, and gratuities, bribes, and corruption. At times, accepting custodial interrogation are reviewed by the U.S. court any kind of gift is the beginning of the slippery slope system at various levels to ensure the constitutional- syndrome where it becomes easier to accept other, ity of those actions. Judicial review has resulted in larger gratuities in the future and, eventually, bribes. such landmark Supreme Court cases as Mapp v. Ohio (1961) and Miranda v. Arizona (1966). In addition, the police are reviewed daily by the media: newspapers, Corruption Makes Good Books magazines, radio, and television. Finally, they are and Films under constant review by citizens, many of whom do Police corruption is a popular topic in literature and not hesitate to report what they consider to be deviant film. Does life imitate art, or does art imitate life? conduct to the media, to the police themselves, or to This eternal question is easily answered when we other legal authorities. Officers’ high visibility often discuss police corruption: Art imitates life. puts them under the microscope. M As an example, the novel Serpico, by Peter The police today act in many types of situations, Maas, and the movie starring Al Pacino were great and it is difficult for courts or police administratorsI successes. 1 6 Serpico tells the true tale of an hon- to predict every possible situation that could arise. L est NYPD plainclothes officer, Frank Serpico, who This, coupled with the fact that the legal authority roams the police department and city government in of the police and the interpretation of theE consti- an attempt to report corruption in his division in the tutional limitations of the police by the courts are S Bronx. Serpico tells his supervisors, his command- constantly changing, leads to a dynamic and chal- ers, the chief of personnel, an assistant to the mayor, lenging situation. 1 1 , and the city’s department of investigation his tale, and nothing is done; corruption remains rampant. S Finally, frustrated in his efforts, Serpico and a friend, Police Corruption H Sergeant David Durk, report their allegations to a reporter for the New York Times. This leads to the Police corruption has many definitions. Herman A formation of the Knapp Commission and widespread Goldstein defines it as “acts involving the misuse of changes in the NYPD’s policies and procedures initi- authority by a police officer in a manner designedN to ated by Commissioner Patrick V. Murphy, who was produce personal gain for himself or others.” 1 2 Carl N appointed soon after the allegations were made. B. Klockars defines it as the abuse of police author- The 1997 movie L.A. Confidential portrays life in ity for personal or organizational gain. 1O 3 Michael 1940s Hollywood. Police corruption and other types J. Palmiotto explains that police officers involved N of corruption are portrayed throughout the story. in corruption gain economically by providing ser- Some of the factors that contribute to or facilitate vices they should already be performing or by fail- police corruption can be seen throughout the movie, ing to perform services that are required by their 1 including power, financial gain, and job advancement. position. 1 4 Richard J. Lundman defines police cor- I n 2 0 0 1 , Training Day, written by David Ayer, ruption as “when officers accept money,9 goods, or was released. Denzel Washington stars as a cop in services for actions they are sworn to do anyway. It 0 Los Angeles who becomes involved in corruption also exists when police officers accept money, goods, on the street level of the organization. Ayer wrote or services for ignoring actions they are9 sworn to another film, released in 2003, Dark Blue , which invoke legal procedures against.” 1 5 T stars Kurt Russell. This film examines morality and Although these definitions differ, we can find S corruption and is set during the time of the Rodney enough commonalities to define corruption for our purposes as follows: A police officer is corrupt when he or she is acting under his or her official capacity judicial review Process by which the actions of the police in and receives a benefit or something of value (other areas such as arrests, search and seizure, and custodial inter- than his or her paycheck) for doing something or for rogation are reviewed by the court system to ensure their refraining from doing something. constitutionality.

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and results in cleaning up the streets. The officers who were working hard to put bad guys in jail and turn the streets over to law- abiding citizens began to circumvent the law to accomplish their noble purpose.1 7 In 2003, a federal jury convicted three Miami officers of conspiracy for covering up questionable shootings that occurred from 1995 to 1997. Eleven officers had been indicted; two had previously pleaded guilty and testified at the trial, three were found not guilty, and mistrials were declared for the remaining three officers. The convicted officers received sentences ranging from 13 months to 37 months in prison coupled M with three years of supervised release. 1 8

M i k e B l a k e / R e u t e r s After Hurricane Katrina in 2005, there Police officers must be aware that their behaviorI is were allegations that New Orleans police always being observed and subject to public scrutiny.L It is officers participated in the large-scale looting spree that overtook the city. News commonplace for people on the street to useE their smartphones to record police activity and interaction. reports indicated officers were at the scene of S some of the heaviest looting in the city, and some witnesses stated that officers were tak- King riots. The movie focuses a bit more on ,the ing items from the shelves of a Walmart. Though this internal corruption of the agency. allegation reportedly involved fewer than 20 officers, The many current TV shows and cable shows more than 200 officers abandoned the city during the concerning crime and police also frequently involveS hurricane and were fired or suspended. 1 9 Additionally, “crooked” cops to add an interesting twist to the story.H in 2011, a federal jury convicted five New Orleans Police corruption makes for good TV as well as film.A police officers of various roles in gunning down civilians during the aftermath of Hurricane Katrina and N then covering it up. Five others pleaded guilty in what Examples of Police Corruption 2 0 N came to be called the Danziger Bridge case. Despite all the attention police corruption has received Corruption is not limited to rank-and-file police and the efforts by police administrators to detect andO officers. In 2001, a city manager in Miami was eradicate it, numerous examples of serious police cor-N charged with taking almost $70,000 from a youth ruption can be found. During the 1980s and 1990s, anticrime group while serving as police chief during many large-scale corruption cases occurred around the 1990s. He was on the charity’s board of directors the country, in some cases fueled by thirst for drugs.1 for nine years. He served a year in prison, was ordered Officers in cities such as Miami, New York, and New to repay the money, and lost his police pension. 2 1 Orleans were involved in and later charged with drug9 Bernard Kerik, the former New York City police dealing, robberies, batteries, and even murder. 0 commissioner and brief nominee to the cabinet post In February 2000, more than 70 Los Angeles of head of the Department of Homeland Security in Police Department (LAPD) officers were investi-9 2004, was indicted in 2009 for making false state- gated in what came to be known as the “Rampart”T ments to White House officials regarding some scandal. These officers committed crimes, coveredS up abnormalities that occurred while he was on the unjustified beatings and shootings, planted evidence, city payroll. Kerik was a familiar face to Americans and committed perjury. The situation started as an immediately following 9/11 as he flanked then-Mayor aggressive policing effort to clean up the gangs, lower Rudolph Giuliani at press conferences as the NYPD the crime rate, and make the streets safe. The corrupt police commissioner. Shortly after being nominated behavior took hold after officers were commended by by President Bush to head Homeland Security, he the department and the community for their efforts was forced to withdraw because of tax problems with

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the family’s nanny. Later investigation revealed that department. This is the most convenient expla- Kerik failed to report that he accepted $200,000 in nation for the agency but not widely accepted renovations to his Bronx apartment from a New because hiring has improved and because some Jersey company long accused by the city of having ties departments seem to experience more corrup- to organized crime. He also intervened and attempted tion than others do. to help that company get a New York City license, • Social structural explanations. Certain social and his brother was given an $85,000-a-year job with structures in the United States tend to encour- 2 2 the company. Kerik was released in 2013 after serv- age and sustain corruption, including the crimi- ing three of his four years in a federal facility. nal law (regulations prohibiting activities many Federal law enforcement agents also have suc- consider legitimate and ordinances that serve cumbed to the temptation of corruption and mis- conflicting purposes), cultural conflict (some conduct. A customs agent was charged for allowing outlawed behavior is considered appropriate in drug smugglers to cross the border from Mexico certain cultures), and local politics (if the local to the United States with large loads of marijuana. government and community are corrupt, the Investigators believe he took more than $1 million police department will also tend to be corrupt). in bribes while waving through more thanM 50 tons of drugs. When the customs inspector came under • Neighborhood explanations. Neighborhoods suspicion in 2003, investigators found heI lived way with social disorganization have higher levels of beyond his means. Though they declared bankruptcyL poverty, lower levels of social control, and higher in 2000 and essentially had no assets, the inspector levels of corruption. and his wife were spending more than $400,000E a year • The nature of police work. Police work takes in cash with only his $55,664 yearly salary reportedS as place with officers working alone or in pairs and income in 2003. Their purchases included expensive with little or no supervision, and the conditions jewelry, a car dealership, 10 classic muscle, cars, and of work often cause the officer to become cyni- payments toward a very luxurious home in Texas. 2 3 cal. Constant exposure to wrongdoing can lead In 2007, he was sentenced to 14 years in prison.S the officer to believe that everyone is doing it. Police deviance and corruption is an issue of • The police organization. Corruption flourishes concern both for law enforcement and Hsociety in in departments in which the organizational cul- general and is being studied and examinedA by aca- ture tolerates it and the departmental integrity demics and practitioners. and expectations of being disciplined for certain N acts are low. Reasons for Police CorruptionN • The police subculture. The police subculture’s When we consider the enormous authorityO given to emphasis on loyalty and group solidarity can lead to lying and cover-ups. 2 4 our police officers, the tremendous discretionN they are allowed to exercise, and the existence of the police Any or all of these explanations can be at work in personality and police cynicism, it is easy to see that influencing the existence and extent of corruption in police work is fertile ground for the growth1 of corrup- police agencies, but some view the police subculture tion. To this environment we can add the constant and the values associated with that subculture as contact police have with criminals and9 unsavory particularly problematic in regard to the corruption people, the moral dilemma they face when0 given issue. The informal code of policing seems to con- the responsibility of enforcing unenforceable laws tradict the formal codes as presented by the IACP. 2 5 regarding services people actually want (illegal9 drugs, The code of silence, often referred to as the “blue gambling, alcohol, and prostitution), andT the enor- curtain” or “blue veil,” is the tendency of law enforce- mous amount of money that can be made by corrupt S ment personnel to not share information with others. officers. Based on all these factors, it is little wonder This code can make it difficult to get at the truth. The that corruption emerges in police departments. belief that others outside the police profession could Samuel Walker and Charles Katz cite several not possibly understand the challenges that officers possible explanations for corruption: face is absorbed early in the training and socializa- • Individual officer explanations. The blame for tion process and reinforced with time on the job. At corruption is placed on the “rotten apple” in the the risk of being harshly judged, officers are reluctant

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to share their experiences and feelings with outsiders. duties a little better for the person who shows them Officers need to protect and rely on each other in dan- goodwill). Pollack defines gratuities as items of value gerous or tenuous situations. They feel solidarity with received by someone because of his or her role or job other officers and sense the need to stick together and rather than because of a personal relationship.3 1 back each other up. They may see group administra- Whether to define the acceptance of gratuities as tors or supervisors as outsiders who do not “need to corruption has been and continues to be hotly debated know,” since the perception is often that administra- by both police professionals and the community. The tors do not share the same goals as the rank and file. concern by those who feel it is corruption is that it may Consequently, these feelings of loyalty and solidarity be the beginning of a slippery slope and make it easier can become even stronger in the face of administra- for officers to justify participating in more serious tive efforts to control and monitor behavior, which can acts of wrongdoing. It may lead officers to feel they result in stronger resistance to administrative over- are entitled to special privileges. It may also lead the sight. 2 6 This blue curtain is a factor that needs to be public or the person providing the gratuity to expect acknowledged and addressed in the formulation of any differential treatment. The opposing argument that policies involving the corruption issue. many businesses provide, especially 24-hour busi- M nesses or businesses in more crime-prone areas, is that if providing officers with a free cup of coffee Types and Forms of Corruption I causes them to hang around the business a little lon- Corruption is not limited to the present day.L ger or a little more frequently, it is a form of preventive Lawrence W. Sherman reports, “For as long as patrol. Some view it as an enhancement of the com- there have been police, there has been police cor-E munity policing philosophy, with officers spending ruption.” 2 7 Goldstein says, “Corruption is endemicS time in the business and finding out about the issues to policing. The very nature of the police function is and problems of the area. Though many departments bound to subject officers to tempting offers.”2 8 , have policies against the acceptance of gratuities, As discussed earlier, when the Knapp Com- many do not. Often the policies that do exist are not mission reported on the police corruption in New clear and are frequently ignored by the rank and file, York City in the early 1970s, it distinguished two pri-S many times with knowledge of the administration. mary types of corrupt police officers. Grass-eaters H Police corruption also may involve taking are more passive and will accept what is offeredA to bribes —the payment of money or other consid- them. Meat-eaters are more aggressive and search eration to police officers with the intent to subvert out opportunities to exploit for financial gain. MostN the aims of the criminal justice system. This is a far officers who accept bribes are grass-eaters.2 9 N more serious form of corruption and often involves There are four general types of police corruption: payment for non-enforcement of laws or ordinances. taking gratuities, taking bribes, theft or burglary, andO According to Walker and Katz, bribes may take two internal corruption. 3 0 Gratuities are small tipsN or forms: (1) the pad (formal, regular, periodic pay- discounts on goods purchased. In many communi- ments to the police to overlook continuing criminal ties, taking gratuities is not considered corruption but enterprises) and (2) the score (a one-time payment merely the showing of goodwill to the police (with,1 of to avoid arrest for illegal conduct). The pad is the course, the hope that the police might perform their type of bribe that would be used by meat-eaters after 9 identifying good targets. Grass-eaters would most 0 commonly be involved in the acceptance of one-time grass-eaters Police officers who participate in the more pas- payments that come their way. 3 2 sive type of police corruption by accepting opportunities of 9cor- Theft or burglary—the taking of money or ruption that present themselves. T property by the police while performing their meat-eaters Officers who participate in a more aggressive duties—is another form of police corruption. The type of corruption by seeking out and taking advantageS of opportunities of corruption. police have access to numerous premises, including warehouses and stores, while investigating burglar- gratuities Items of value received by someone because of his or her role or job rather than because of a personal relationship. ies, open doors, and alarms. They also have access bribe Payment of money or other contribution to a police to homes while on official business. Theft may officer with the intent to subvert the aim of the criminal justice be especially tempting at narcotics investigations. system. Often there are huge amounts of cash or drugs lying

62736_ch08_ptg01_hr_226-258.indd 234 9/4/14 7:04 PM CHAPTER 8 POLICE ETHICS AND POLICE DEVIANCE 235 around, and no one, not even the suspects, knows Noble Cause Corruption exactly how much is there. Until an official cash Noble cause corruption , often called the Dirty count or drug inventory is done (which can be hours Harry syndrome, refers to situations where a police after discovery), the exact amounts of contraband officer bends the rules to attain the “right” result. In are unknown. A corrupt police officer has plenty of the extreme situation, an officer might justify violat- opportunity to take property from others. ing a suspect’s rights to save someone’s life. More The final type of police corruption is internal commonly, the rights violation would be justified corruption. Officers pay members of their depart- in the officer’s mind by the ultimate good of putting ments for special assignments or promotions. the bad guy in jail where he or she belongs. These Sherman discusses three general levels of police behaviors involve police officers misusing their legal corruption based on the pervasiveness of the corrup- authority, but they are not doing it for personal gain. tion, the source of the bribes, and the organization of They rationalize the behavior to get the bad guys the corruption.3 3 The first is the “rotten apples and behind bars and consider their actions to be a noble rotten pockets” theory of police corruption, which cause type of corruption. 3 5 holds that only one officer or a very small group According to Michael A. Caldero and John P. of officers in a department or precinct is corrupt. M Crank in their book Police Ethics: The Corruption At first thought, this may not seem very serious: of Noble Cause , noble cause corruption is a more A department needs only to arrest the Iofficer or significant problem than economic corruption, and group and use the arrest as an example to other offi- L it is increasing in U.S. police departments today. cers of what might happen to them if they were to Because of past reforms targeting corruption, we become corrupt. The dangerous part of thisE theory have some safeguards in place to minimize the is that if police commanders believe that only a few S chances of rotten apples obtaining law enforcement officers are bad, they will not take the tough, proac- careers. Today’s officers are morally committed to tive measures necessary to uncover and, eradicate their work and to making their community a better corruption in the entire precinct or department. place. They believe in enforcing the law and put- The second level of corruption that Sherman ting criminals in jail. However, the professionalism found is pervasive, unorganized corruption,S where movement with this commitment to the police mis- most of the officers are corrupt but are notH actively sion may have unintentionally contributed to the working with one another on an organized or A growth of noble cause corruption: the corruption of planned basis. Sherman’s third level of corruption belief from caring about police work too much. 3 6 is pervasive, organized corruption, whereN almost all In this ends-oriented view of policing, officers members of a department or precinct are working N will do what it takes to get bad guys off the street. One together in systematic and organized corruption. means of doing this is the use of “creative report writ- Several stages of the moral decline of policeO offi- ing,” in which officers write up an incident in such a cers have been identified. Sherman tells us about N way as to criminalize a subject or make the incident certain stages in an officer’s moral career. The first more serious. The officers believe this type of action stage involves the acceptance of minor gratuities, does more harm to the bad guy and is less risky to such as free meals. Peer pressure from other officers 1 themselves than hitting him or her and leaving marks. is extremely important at this stage. The second and Traditionally, we have looked at the rotten third stages involve accepting gratuities to9 overlook apples—the officers rotten to the core—as being regulatory offenses, such as accepting money to 0 responsible for incidents of police corruption. With allow bars to remain open past regular closing hours this perspective, corruption is an easy issue to or accepting money from a motorist instead9 of giv- solve—we just throw them out. Today, however, our ing him or her a summons. Peer pressure fromT other officers is also very important at this stage.S The final stage involves changing from passively accepting gratuities to actively seeking bribes. As the cor- “rotten apple” theory Theory of corruption in which it is believed that individual officers within the agency are bad, ruption continues, it becomes more systematic. rather than the organization as a whole. It involves larger amounts of money and includes noble cause corruption Stems from ends-oriented policing numerous types of crimes, ranging from gambling and involves police officers bending the rules to achieve the violations and prostitution to dealing in narcotics.3 4 “right” goal of putting a criminal in jail.

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screening process keeps most of these individuals If noble cause corruption is the most prevalent out of law enforcement. In keeping with their theory type of corruption in law enforcement today, then this of the prevalence of noble cause corruption, Crank is where our efforts to eliminate corruption should be and Caldero speak of “golden apples,” the intelligent, directed. We must strive to educate officers and to hardworking officers who are committed to the noble intervene early in the socialization process. cause and who value efficiency and effectiveness. These officers become too focused on the good ends and break the law or violate policy to “do something Effects of Police Corruption about the crime problem.” These apples are more dif- For the past few decades, police misconduct has ficult for agencies or chiefs to deal with because this made headlines far too often. This media atten- issue is more complicated and may involve depart- tion has given a black eye to officers who have never, mental policies.3 7 and would never, consider any type of misconduct, Crank and Caldero have revisited the slippery as well as to agencies with similar standards. Police slope model in the venue of noble cause corruption. misconduct affects the reputations of police officers The model acts out what the officers have been psy- and police agencies in general. Misconduct commit- chologically prepared for in the academy and throughM ted by an officer affects not only that officer, but also their early socialization process. It is primarily a test of the department for which the officer works, the com- loyalty to the group. Crank and Caldero call the initialI munity in which the officer serves, and every police step the “Mama Rosa’s” test. A new rookie officerL is department and police officer throughout our country. out to dinner with his training officer and other offi- Police misconduct also affects the police– cers. At the end of the meal, he takes out his moneyE community relationship in general, undermining and asks the others how much he should leave. TheS the public’s trust in the police. Law enforcement other officers tell him to put away his money and be has come to the realization that it can be far more quiet. The cops have been eating at Mama Rosa’s, for effective in its mission with the help of the commu- free for years, and it has never been robbed, unlike the nity. Citizens will not help the police if they do not other establishments in the area. Mama Rosa is very trust the police. Citizens must feel that they will be appreciative. Now the recruit is being tested—ifS he treated fairly and with respect. goes along, he is tainted, but if he does not, he will Hnot Morale within the department will suffer from be trusted as a team player. If he goes along, he willA be misconduct, as officers may feel they are “painted tested again in the field. This is a test for loyalty to the with the same wide brush.” This effect occurs not team and the “good” they are accomplishing by keep-N only with local incidents, but with incidents that hap- ing Mama Rosa’s safe. The second test will involveN pen in other jurisdictions and even other states. Many backing up another officer’s version of events, another officers will tell you they were questioned by citizens test of loyalty. The stakes will now be higher. LoyaltyO for months after the Rodney King incident, regardless to each other and commitment to the noble cause Nare of what state or what type of agency they worked for. viewed as intertwined. Crank and Caldero’s view of the An incident that occurs within an officer’s orga- slippery slope model can be summarized as follows: nization is often complicated by rumors and lack of 1 official information. During an investigation, the fact 1 . Free meals (a test of loyalty) that an investigation is occurring quickly becomes 2 . Loyalty backup (loyalty with higher stakes such9 common knowledge, and rumors fly. Departments as false testimony, finding evidence in plain0 typically do not release any information or dis- sight that was originally found in an unlawful cuss the investigation before it has been concluded. search, or making a false call of a crime) 9 Officers are left with rumors as their source of infor- 3 . Physical violence against citizens (much moreT mation, and everyone is nervous about what is going serious) S on, what will happen next, who else is involved, and whether or not they will be questioned. Officers do 4 . Flaking drugs (planting drugs or adding drugs not know whom to trust, and morale plummets. to make the crime a more serious one—very The air of suspicion can last for months while the serious and generally very limited) investigation is conducted. This type of atmosphere Noble cause corruption, then, becomes a gateway for is emotionally draining for officers and will greatly material reward or financial corruption.3 8 contribute to the stress they experience.

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Officers may find their work or personal lives Just one or two incidents of corruption can ruin made more difficult or complicated in an inappro- a department’s reputation and destroy the trust the priate manner due to an incident involving some- community has in the department. It can take years one else. For example, an incident of corruption can to overcome the bad publicity, and the department result in an organization writing a policy or imple- will be affected in many ways. There will be a lack of menting training that might have prevented this trust, resulting in a lack of cooperation and informa- particular incident from occurring, but which is not tion, from the community. The department also will a realistic policy or training session that is needed be less attractive to highly qualified police officer for most of the personnel. candidates as well as to police administrators, and it

Deviance and the Job ON THE JOB

Police departments strive to hire the most ethical of town, I knew there would be no backup anywhere individuals they can. In my opinion, they do an out- close. I yelled all sorts of things at this guy, because I standing job. The fact that officers have vastM oppor- wanted him to think I was crazy and might not play tunities to do the wrong thing and yetI very few by the rules. It worked. He stopped and put his hands choose to follow that path says something about the up, and I was able to cuff him and take him in. quality of the individuals working the street.L Officers I feel that public education can help in complaint are confronted on a daily basis with ethicalE issues. situations and aid in smoothing misunderstandings I remember as a police officer working the street between the police and the community. I remem- being constantly challenged by citizensS and busi- ber as a road patrol captain, I used to get calls from ness owners who wanted to show their appreciation, angry citizens complaining about the harsh treat- for the job we were doing. The crime rate was very ment they received from an officer. I explained the high, and citizens were grateful when we gave them officer’s point of view and police procedure, includ- the service they deserved, even in mattersS they may ing the officer’s need to control the situation. I also have perceived as minor. Half-price meals and free explained that the officer encounters all types of coffee were fairly common offerings. The Harguments people during the day and that many officers get that ensued over payment were embarrassingA and killed or injured during car stops. I found that after usually resulted in my leaving the full price of the being made aware of these factors, the citizen usu- meal on the table or counter; they couldN use it as a ally no longer wanted to make a complaint. tip if nothing else. Unfortunately, these encountersN Lastly, I think it is critical that departments make sometimes resulted in my avoiding that Orestaurant it as difficult as possible for officers to be tempted and going elsewhere, which of course was the exact to deviate from their good ethical conduct. They opposite of what the business owner wanted.N need to have good, solid policies and procedures in In this book, we mention that studies have place to protect the officers from temptation and found that often the biggest complaint citizens had from any possible allegations of wrongdoing. I went about officers’ behavior toward them was1 abusive to many scenes as a road supervisor where the or derogatory language rather than excessive9 force. narcotics unit had made some arrests. There were Though I feel that everyone should be treated with often bags of money and drugs all around, with respect, I was also concerned with the0 safety of no one sure exactly how much was there. Once the community and my own safety as well9 as that there was a half million dollars in duffle bags. How of other officers. There were times when people tempting it might be for an officer having trouble I encountered on the street did not respondT to my paying the mortgage to take some cash from bad requests. There were times when I resortedS to crazy guys that no one would even miss—or how easy for language, bad language, or harsh orders to avoid the someone to make that accusation. Policies must be need for a physical confrontation. One time I spotted in place to provide checks and balances and protect an unarmed robbery suspect while I was patrolling the officers on the scene. Police departments owe it the edge of town. I confronted him, and the chase to their organization and their officers. was on. Because I was out in the woods on the edge — Linda Forst

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can stagnate for years under this perception unless and oversight in place, it is easier for officers to fall drastic and highly visible changes are made. victim to the lure of the quick buck surrounding the drug trade and to use their power and opportunities to steal from those they feel will never report it. Other Police Misconduct Police corruption and police brutality are the most Sleeping on Duty serious forms of police deviance. Police brutality Fatigue is an issue for all involved in police work, will be discussed later in the chapter. Other types and, consequently, sleeping on duty intentionally or of police deviance also exist. Chief among them are unintentionally is an issue. With officers working drug-related misconduct, sleeping on duty, police the night shift and the rest of the world function- deception, sex-related misconduct, and domestic ing on a day-shift schedule, conflicts arise. Officers violence. attend court and meetings during the day when they should be sleeping. Their sleep is interrupted by phones, delivery personnel, repair people, and fam- Drug-Related Misconduct M ily responsibilities. Because of the nature of police Drug-related misconduct is similar to other types work and the lack of activity and supervision during of corruption, but it is an added concern to modernI the early morning hours, it can be easy for an officer law enforcement agencies because of the frequencyL to find a “hiding place” and attempt to sleep for a with which these incidents can occur. Drug users while. This is clearly inattention to duty and is haz- and dealers make good targets for corrupt officersE ardous for the officer and his or her coworkers. because they are less likely to report being victim-S Most departments have policies in place to ized. There is also an opportunity to make a lot of minimize the fatigue issue, including restrictions money simply by looking the other way. , on the number of hours of extra-duty jobs that an In a report to the U.S. House of Representatives, officer can work and attempts to streamline court the General Accountability Office (GAO) found procedures, particularly traffic court. This mis- that although there was no central data source fromS conduct can arise if officers decide to work as many which to gather information, some valuable insightH extra-duty jobs as possible or maximize their over- on the topic of drug-related police corruption couldA time hours for economic reasons with the expecta- be provided through research and interviews. The tion that they will catch a little sleep while working GAO report found that most police officers are hon-N the street. If an officer is involved in activity that is est, but noted the potential for drug-related mis-N in any way questioned, such as a shooting, pursuit, conduct in cities where drug dealing is a concern. or violent confrontation, the issue of impaired judg- Typically, this type of corruption involves smallO ment because of fatigue may be raised. The fatigue groups of officers who assist and protect each otherN issue and the resulting liability is part of the police in criminal activities, including protecting crimi- culture, and professional departments are making nals or ignoring their activities, stealing drugs or every effort to address it. money from drug dealers, selling drugs, and lying1 about illegal searches. Profit was the most frequent motive.3 9 9 Police Deception The report cited four management-related fac-0 Another form of police misconduct is police tors associated with drug-related corruption, includ- deception , which includes perjury while testifying a culture characterized by a code of silence and9 ing in court, attempts to circumvent rules regard- cynicism, officers with less education and maturity,T ing searches and seizures of evidence, and falsifying ineffective supervision, and a lack of emphasisS on police reports. integrity and internal oversight within the depart- Skolnick states that police deception, if it occurs, ment. Without proper procedures, close supervision, usually occurs at three stages of the police detection process: investigation, interrogation, and testimony in court. “Particularly objectionable,” says Skolnick, police deception Form of misconduct that includes perjury “is the idea that a police officer would not be truth- and falsifying police reports. ful when testifying under oath in court. However,

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much evidence suggests that there are ‘tolerable’ lev- Uniform Crime Reports (UCR) data is not always a els of perjury among police officers when testifying precise science. Officers and administrators within in court.” 4 0 a department may elect to err on a particular side Columbia University law students analyzed when making decisions about the numbers. Often the effect of the landmark U.S. Supreme Court case these errors or discrepancies have been good faith Mapp v. Ohio (1961) on police practices in the sei- errors, but sometimes they have been an effort to zure of narcotics. This case severely restricted the make the city appear safer for tourism or business power of the police to make certain searches of per- reasons. On occasion, cities have wanted to make it sons or premises. The students found that before appear that their crime problem was more severe so Mapp v. Ohio, police officers typically testified they could qualify for federal grants to implement a that they found narcotics hidden on the defendants’ crime-fighting program or initiative. persons. After the Mapp case, police officers testi- In June 2006, it became known that the fied that the narcotics they found were dropped on Washington, D.C., Police Department had 119 cases the ground by the defendants. This became known in 2005 that were not properly classified as robberies as dropsy (from “drop-see testimony”). Before the or other crimes but, rather, were classified as inci- Mapp case, narcotics evidence obtained Mfrom sus- dents that were not crimes. This exposure occurred pects by police, even when illegally seized, was after a New York Times reporter was robbed and admissible in court. After Mapp, this wasI no longer murdered, and prior robbery victims indicated the so. Hence, the researchers said, police officersL began suspects could have been arrested had the previous to commit perjury to circumvent the illegal seizure reports been properly investigated as crimes. To put of evidence rule and to ensure that their Etestimony things in perspective, however, the 119 cases were and the evidence would be admissible againstS defen- less than 1 percent of the district’s felonies. 4 3 dants charged with narcotics possession. 4 1 In a major scandal in Broward County, Florida, Deception is a serious issue. Police administra-, several deputies were clearing cases that should not tors will tell you that honesty is the most crucial trait have been cleared. This was done to make the clear- in a police applicant and police officer. Deception ance rate of the sheriff’s office look extremely high in the hiring process will disqualify applicants,S no in comparison with other jurisdictions with which questions asked, and deception by policeH officers the sheriff was negotiating contracts for service. will result in termination. With officersA routinely These actions made the sheriff’s office as well as the swearing to the truth in everything they do and individual detectives look good. Some officers in write, deception cannot be tolerated. Yet, Nas admin- these cases faced criminal charges because reports istrators will tell you, deception can be difficultN to were falsified, confessions made up, and people prove, as it often comes down to one person’s word charged with the crimes who could not have been against another. When deception is discoveredO in involved. 4 4 any aspect of the job, it can taint any caseN in which that officer has ever been involved. A U.S. Supreme Court decision, Brady v. Sex-Related Misconduct Maryland, requires prosecutors to notify1 defense Police sexual violence incorporates many behaviors attorneys whenever a cop involved in their case has and involves “those situations in which a citizen a record of knowingly lying in an official 9capacity.4 2 experiences a sexually degrading, humiliating, vio- These cops have become known as “Brady0 cops” lating, damaging or threatening act committed by and can be liabilities to their agencies. a police officer, through the use of force or police In the last two decades or so, increased9 attention authority.” 4 5 This type of misconduct is a very seri- has fallen on departments that have alteredT some of ous offense against the public trust. Most police offi- their crime statistics. There have been scandalsS in cers detest this behavior by the few who perpetrate large and small cities around the country. In some it. The community is shocked to think an officer cases, officers or supervisors have lost their jobs. would use his position of trust to violate some of the Generally, this misconduct has been part of the most vulnerable citizens. The average officer has a organizational culture, where there has been a desire hard time believing this type of abuse occurs, but a to make the city appear safer or possibly more dan- perusal of newspapers across the country indicates gerous than it is. Transferring crime statistics into that it does occur.

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GUEST LECTURE

SEXUAL DEVIANCE BY POLICE

had just turned 23 when I entered the prepared to recognize such occurrences on I California Highway Patrol academy in the road. The first memory I have of sexual 1977, so I must say that I was a bit shocked indiscretion while on duty involved a beat when I first heard an academy instructor’s partner who received a complaint from a admonitions about sexual deviance while motorist whom he had cited. The complain- on patrol. The instructor, an old salt who ant reported that my partner had called had many years on the road before “retir- his girlfriend and taken her on a date. The ing” to academy training, began by telling girl had been a passenger in the car driven

Photo courtesy of Sears Portrait Studio the cadet class that women, alcohol, and by the complainant, and she had given the CHARLES L. JOHNSON bribes were the downfallM of many good officer her phone number on a match- Charles L. Johnson is a retired officers. I remember wondering what he book during the stop. The duty sergeant California Highway Patrol offi- meant, not only by theI words he spoke, handled the complaint, which ended in cer, having worked in East Los but in the tone used inL his delivery. There the exoneration of the officer because the Angeles and Oakland, California. were fewer than 10 women in our cadet girlfriend corroborated the officer’s story He received his bachelor’s and master’s degrees from California class, so it was obviousE that his words that the date and subsequent sex had been State University, Sacramento, were specifically targetedS at men. He went both consensual and while the officer was and his doctorate in criminal on to explain that he had worked with off-duty. justice from Washington State several officers who had, lost their jobs due That incident started me thinking about University. Dr. Johnson is currently an assistant professor to “sins of the flesh.” The training officer’s the ethical lines regarding relationships of criminal justice at Western words, however, rangS true once I landed in between police officers and the public. Did New England University in the field. the fact that the officer met and received Springfield, Massachusetts. He It is fairly easy forH an officer to rec- the girl’s phone number in the line of duty is also chair of the police section of the Academy of Criminal ognize signs that otherA officers are taking matter, regardless of the circumstances of Justice Sciences. His publication, gratuities, or that they are drinking or on the actual date? The sergeant admonished research, and teaching interests drugs while on duty, butN sexual deviance my beat partner that similar incidents would include intelligence-led polic- may not be so clearly identifiable. Having not be tolerated. I realized that the officer ing, police deviance, and police N administration. been trained well at theO academy, I was was a serial offender when, about a year N

The IACP recently reviewed a study that identi-1 Police administrators need to be aware of this fied an unprecedented number of cases of sex-related type of violation and be vigilant in looking for misconduct. The data was gathered via the Google9 warning signs. Often, behavior can signal a poten- News search engine from published news stories0 tial problem; if that behavior is handled quickly reporting arrests of police officers involving sexual and effectively, administrators can avert a bigger misconduct. The study indicated that the sexual mis-9 problem or give the organization documentation of conduct most frequently involved victims who wereT behavior for a discipline case. Examples of warn- minors and victims who were strangers to the offi-S ing signs might include a male officer who dispro- cers. This data strengthens the IACP’s recommenda- portionally pulls over female drivers, spends a lot of tions that law enforcement agencies and departments time outside bars at closing time, spends an inordi- develop policies specifically addressing sexual mis- nate amount of time at any place women tend to con- conduct and effective oversight, including the use of gregate, or conducts inappropriate follow-ups that he early intervention systems for monitoring and pre- would not conduct for the average citizen. Most of venting this behavior.4 6 these activities can be explained away in the context

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later, I stopped a young lady who asked for the officer by name, activity between people is one thing, professional ethics stating that she wanted me to tell him that she was pregnant aside, but coerced sexual activity is a problem for police with his child. By that time the officer had transferred out of agencies as well. our duty station. Now that I am retired, I have had the time to dedicate to Securing dates from people officers met while on duty was my research in the area of police deviance. A significant con- not as uncommon as I had expected. There seemed to be a cern for police administrators involves nonconsensual (coerced) general acceptance level of activity that included getting phone sexual deviance perpetrated by police officers while on duty. numbers from people encountered while on duty. As it was Incidents of rape and other forms of sexual assault by on-duty explained to me by older officers, many police officers have officers occur frequently, based on reports I have examined ended up dating and subsequently marrying waitresses, nurses, over the past six years. What distinguishes these cases from and other people (including civilians) whom they met while on those witnessed by me in the 1970s and 1980s is that some duty simply because of their availability. M officers are now brazen about committing sexually criminal My observations, however, soon expanded beyond activity with impunity. The result is ruined lives—both of the consensual dates to more explicitly deviant sexualI escapades. victims and of the criminal officers and their families. Many Some officers specialized in voyeurism, which involvedL of these cases end in multimillion-dollar liability settlements routinely patrolling lover’s lane and other “necking”E spots. by the hiring department, as well as lengthy prison sentences Others knew which windows on specific homes would for the officers following the finding in court of civil rights yield a view from the street at a given time of night.S Such violations. incidents were not the most disconcerting, however., One Deviance by police officers cannot be tolerated. Best afternoon while working swing shift, I received a call from practices in hiring officers include careful psychological a beat partner to rendezvous for an “exchange of informa- screening and exhaustive background checks that may give tion.” On arrival, I saw an attractive young womanS standing the hiring agency a heads-up that a prospective officer might by his patrol car. Without notice, the officer told theH woman be susceptible to committing deviant acts, but some misfits to “show him your assets,” and she pulled up her top. Later will still manage to secure positions of power as police offi- when I recounted the incident over coffee with theA officer, cers. Increased vigilance by officers, coupled with the increase he responded, “You aren’t a real highway man untilN you have in numbers of women on patrol, may help to alleviate the had sex in a patrol car.” That was the moment I realized problem. that the line in the sand regarding acceptable behaviorN was drawn differently by each officer. Consensual sexuallyO related Source: Reprinted by permission of Charles L. Johnson. N

of performing good police service, but1 together Domestic Violence in Police they can be a pattern of behavior worth watching. Administrators need to be cognizant that9 these Families women are generally not going to come forward0 of Some studies indicate that domestic violence may their own volition as they are fearful of retribution be more prevalent in police families than in the by the officer and his friends. 9 general population. 4 7 It has traditionally been a Law enforcement agencies also need toT commu- hidden problem because victims are hesitant to nicate to all personnel a zero tolerance forS this type report it. Domestic violence is only beginning to be of violation. The efforts of an early warning system addressed, and it is an uphill battle. If the victim together with a well-written policy outlining the is a spouse of a police officer, then the offender has process for reporting, documenting, and investigat- friends and supporters in the department who may ing these incidents as recommended by the IACP not believe the allegations, the offender has a gun, will further strengthen the agency’s position and and the offender knows the system and where the minimize the chances of these incidents occurring. shelters are.

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A victim who is a police officer must deal with investigated between 1990 and 1997 were sustained. all sorts of psychological issues as to why he or she In more than 75 percent of the 91 cases, the sustained cannot handle this problem alone. The victims fear allegations were not mentioned in the officer’s yearly for their safety and for the economic future of their evaluations, and in fact, 26 of these officers were family because an act of domestic violence could promoted. 5 2 As recently as 2011 it was discovered cost the officer his or her job. that the Milwaukee Police Department was ignor- Many departments that get a report of domes- ing crucial elements of the IACP model policy as tic violence involving one of their officers choose to well as Wisconsin’s model policy, and, consequently, handle it informally in an effort to protect the offi- though 16 officers were disciplined for domes- cer. This has resulted in tragedy. How departments tic violence, only 3 were charged with a crime and handle domestic violence has been found to be none of those were domestic violence charges. One inconsistent between departments and even within of the goals of model policies is to eliminate police departments. A survey of 123 police departments bias by removing discretion governing the response, documented that 45 percent had no specific policy notification, and documentation of the incident. for handling officers involved in domestic violence, Milwaukee did not implement this policy, and there- and the most common form of discipline for sus-M fore police bias influenced the handling of these calls tained allegations was counseling.4 8 and they were not appropriately handled. 5 3 Research The IACP has developed a model policy regard-I in Florida found that between 2008 and 2012 more ing police-involved domestic violence, and someL than a quarter of Florida law enforcement officers departments are building on that policy and becom- accused of domestic violence were still working at ing proactive. The IACP policy stresses that zeroE the same department one year after the complaint, tolerance toward domestic violence should be estab-S compared to 1 percent of those who failed a drug test lished in agencies through education and training and 7 percent accused of theft.5 4 of all personnel as well as development of clear and, A case that exemplifies this type of response comprehensive policies and procedures. However, ended tragically in Tacoma, Washington. On April a survey indicated that after the issuance of the 26, 2003, David Brame, the Tacoma chief of police, IACP model policy, only 21 percent of 282 agenciesS fatally shot his wife and then himself in front of contacted had heard of the IACP model policy andH his children in a parking lot in a neighboring com- only 11 percent had implemented a policy for police-A munity. This came several days after allegations of involved domestic violence. Out of a random sample abuse and impending divorce became public and of 100 large agencies a couple of years later, fewer thanN despite his wife’s efforts to minimize his anger and 29 percent had a police domestic violence policy. 4N 9 It embarrassment by filing the divorce papers in a appears that the situation has improved somewhat, neighboring county. Brame’s wife, Crystal, had as the latest data indicates that 25 percent of theO 56 filed for divorce and moved out of the home with the largest departments in the nation have a policy Nfor children in February, alleging that her husband was domestic violence involving police officers. 5 0 abusive and possessive. Brame was assistant chief A 1996 federal law (18 U.S.C. 925), widely and a 20-year veteran of the department when he was referred to as the Lautenberg Act, prohibits any-1 named chief in December 2001. There are allega- one convicted of a misdemeanor domestic violence tions that the city manager knew of rumors of abuse offense from owning or using a firearm. This further9 and an acquaintance rape issue in Brame’s past but complicates the police domestic violence law enforce-0 did not investigate them thoroughly before appoint- ment issue. Some argue that an abusive police officer ing him chief. The state of Washington concluded should not lose his or her job (which being prohibited9 an investigation of the incident in November 2003 from carrying a gun would effectively accomplish),T and found no grounds for criminal charges but sig- but others feel the law as written is ineffective andS nificant evidence of mismanagement within the city are challenging the constitutionality of it. They feel of Tacoma. Relatives of Crystal Brame filed a $75 it is too harsh a punishment for an incident that may million wrongful-death civil suit, with the belief that be nothing more than a misdemeanor battery (such the city’s inaction or inappropriate actions ultimately as touching or grabbing) on an incorrigible teen. 5 1 led to Crystal’s death. 5 5 The family settled the suit, In 1997, a task force studying the LAPD found with the city of Tacoma paying the family $12 mil- that 91 of 227 cases of alleged domestic violence lion in addition to the establishment of a city–county

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domestic violence center named after Crystal and or ethnic background rather than on behavior as a the implementation of new policies and procedures basis for identifying that individual as being involved regarding police officer–involved domestic violence. in criminal activity. Police may not use race or ethnic- Another relevant case is that of Drew Peterson, ity to decide whom to stop or search, but they may use a former sergeant and 29-year police veteran with it to determine whether an individual matches a spe- the Bolingbrook, Illinois, Police Department. In late cific description of a suspect. 5 7 The difficulty arises 2007, when his 24-year-old fourth wife, Stacy, went in the validity of stops when police are investigating a missing and left her two young children, Peterson crime committed by a group of individuals who may quickly became a suspect and subsequently resigned share ethnic or racial characteristics. Some criminal from his police position. Oddly enough, he made enterprises are composed of persons with similar eth- the talk show rounds proclaiming his innocence. He nic, racial, or national origins, but under this defini- maintained his wife had run away with a boyfriend, tion, using this characteristic as a determining factor but her family disputed that. It also came to light that could be interpreted as racial profiling.5 8 Stacy had voiced a concern for her safety regarding her During the 1990s, racial profiling became a hot husband. Pursuant to her disappearance, the death of topic in the media. New terms were coined, such as Peterson’s third wife, Kathleen Savio, inM 2004 was “driving while black (DWB).” The media attention reopened. It had been recorded as a drowning, but brought the topic up for discussion in communities. her body was exhumed and an autopsy determinedI A survey indicated that 53 percent of Americans that she died as a result of a struggle, drowningL when believed that police engaged in racial profiling, and her unconscious body was placed in the bathtub. She 69 percent disagreed with the practice. 5 9 The percep- had filed an order of protection against Peterson,E and tion of the prevalence of the problem varied slightly her family had long suspected it was not anS accident. by race, with 56 percent of whites and 77 percent of Peterson’s second wife also raised issues of increas- African Americans responding that racial profil- ingly controlling behavior, threats, and abuse., The ing was widely used by police. Six percent of whites police did in fact respond to some calls, but the offi- and 42 percent of African Americans felt they had cers were his friends and no report was ever written. been stopped by the police because of their race, and Peterson was convicted of killing Savio in 2013S and is a staggering 72 percent of African American males currently serving a 38-year sentence. 5 6 StacyH is pre- between 18 and 34 believed they had been stopped sumed dead, and though he has not beenA charged, because of their race. Peterson is a suspect. The perception of racial profiling correlates with N animosity toward police in a community. According N to a Gallup poll, African American respondents had a lower opinion of police (58 percent had a favorable Biased-Based PolicingO opinion of local police, and 64 percent favor- Biased-based policing has emerged as Nan impor- ably viewed state police) than white respondents tant issue in communities in the last two decades. (85 percent and 87 percent, respectively). Fifty-three But, in reality, the government has faced this prob- percent of African American males between 18 and lem since Plessy v. Ferguson (1896) and1 Brown v. 34 said they had been treated unfairly by police.6 0 Board of Education of Topeka (1954). Providing Recently, the Department of Justice found that among equal protection and equal opportunity is9 a critical all traffic stops nationwide, though all races were issue to the American people, but sometimes0 police stopped at similar rates by police, African American behavior seems to contradict those values. When (12.3 percent) and Hispanics (5.8 percent) were more this behavior increased in frequency and 9severity in likely to be searched during their stops than whites the 1980s and 1990s in an attempt to fightT the rising (3.9 percent). Of those drivers who were physically crime rate and escalating drug problem,S the com- searched, over 36 percent felt the search was not legit- munity began to notice and speak out. The issue of imate and almost 21 percent of those whose vehicle whether this was proper police procedure or ethical police behavior was raised. biased-based policing Any police-initiated activity that relies Racial profiling , the term commonly used for on a person’s race or ethnic background rather than on behav- bias-based policing, is generally defined as any ior as a basis for identifying that individual as being involved in police-initiated activity that relies on a person’s race criminal activity.

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was searched felt police had no reason to conduct the its handling of the situation. President Obama, who search. 6 1 As mentioned, these perceptions add to the said it is “just a fact” that African Americans and animosity already felt by community members at Hispanics are disproportionately stopped by police, large who perceive this biased policing to exist and accused the Cambridge officers of acting “stupidly,” disagree with the practice. This hampers police– though he admitted he did not have all the facts. community interactions and makes it less likely for This angered police officers and police unions across community members to come forward and share the country. Ultimately, the president sat down with information with the police or help in investigations both Gates and the sergeant at the White House to when police need it. If they don’t feel they can trust clear the air and mend bridges. 6 3 officers in uniform, the relationship will deteriorate. Most people believe that police do engage in Most recently, the issue of biased-based policing racial profiling, but most police chiefs do not believe has often involved individuals of Muslim descent. their personnel engage in this behavior.6 4 Regardless In the aftermath of 9/11, the community as well of whether it occurs, the mere perception of its exis- as the police began to report an increased aware- tence can result in problems with the community. ness of the activities of people who appear to be of Realizing this, many states have instituted legisla- Middle Eastern descent. In the summer of 2007, thisM tion requiring the gathering of data and the imple- became an issue in the state of Washington when mentation of racial profiling policies. According to two men with dark hair and olive skin were reportedI the Department of Justice’s Survey of Local Police to have been asking unusual questions and actingL Departments in 2007, 67 percent of all departments suspiciously on several ferries. The FBI released and 100 percent of departments serving populations their pictures to the media in an attempt to identifyE over one million had written policies about racial them in order to clear the matter up. Members of Sthe profiling by officers. 6 5 Muslim community were outraged and believed it Police officers have a lot of discretion in their amounted to profiling, since the men could be per-, jobs, and this is particularly evident in traffic stops. ceived as Middle Eastern. They were also concerned First, officers decide whether or not to stop a car, that it raised the fear factor in the community and and then they decide how to handle the stop—that could result in a backlash. 6 2 This continues to beS an is, remove occupants from the vehicle, call for a drug issue, as can be seen by the more recent controversyH dog, ask for a consent search, and so on. Citizens in New York City in which the police departmentA have questioned how officers make these discretion- was criticized for conducting undercover surveil- ary decisions, and some allege that the decisions are lance in Muslim cafés and other gathering spotsN as based on race or ethnicity. Many members of minor- part of their counterterrorism investigations. N ity groups feel they are being stopped for petty traf- The president of the United States has even fic violations, such as failure to use a turn signal or weighed in on the issue of profiling. In July 2009,O an equipment violation, so that officers can use the Henry Louis Gates Jr., a Harvard University scholar,N opportunity to question occupants or search vehicles. accused a Cambridge, Massachusetts, sergeant of Research on bias-based policing or racial pro- racism after he was arrested at his own home. The filing has been used in lawsuits. John Lamberth incident reignited the discussion of profiling. Gates1 of Temple University analyzed police searches by had just returned home from a trip to China and was Maryland State Police along I-95. He found that locked out of his house, and he and his limo driver9 74 percent of speeders were white and 17.5 percent were trying to jimmy the door to the house when 0the were African American, yet African Americans police responded to a call from a neighbor about a made up 79 percent of the drivers searched. He was burglary in progress in the early morning hours.9 also asked to analyze New Jersey data when there Gates ended up being arrested for disorderly con-T were complaints that African American drivers were duct after the situation deteriorated and he accusedS being stopped disproportionately by state troopers. the sergeant of racism and racial profiling. The He analyzed data from 1988 through 1991 and found department maintained that race had nothing to that African Americans constituted 13.5 percent of do with the incident and that if Gates had cooper- New Jersey Turnpike traffic and 15 percent of the ated and answered the officers’ questions, the situ- drivers speeding, yet they represented 35 percent ation could have been settled. Though the charges of those stopped and 73.2 percent of those arrested. were eventually dropped, the department stands by Lamberth concluded that African Americans were

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much more likely to be stopped and arrested than and community understand the scope of the prob- were whites. The Superior Court of New Jersey lems. This data collection will also send a message to used these data when it suppressed evidence seized all concerned that racial profiling is unacceptable. by troopers and agreed that troopers were relying Analyzing the data and initiating an early warn- on race in stopping and searching vehicles. In April ing system can also help identify particular officers 1999, the attorney general of New Jersey issued or squads who may be prone to inappropriate stops. a report indicating that New Jersey troopers had There is a likelihood of initial resistance from offi- participated in racial profiling on the New Jersey cers asked to compile these data, but many have Turnpike; people of color were 40.6 percent of those come to accept this collection process, especially stopped on the turnpike and 77.2 percent of the peo- when the data are used to examine trends rather than ple searched. The report also found that 80 percent target individual officers. The data should be looked of consent searches involved minority motorists. 6 6 at as part of a big picture, however. Characteristics Jim Ruiz and Matthew Woessner conducted of a particular jurisdiction can skew the data—major a study in Louisiana in an effort to examine the highways, large shopping centers, and large employ- profiling issue. They reviewed arrest statistics of ers can affect the amount of nonresidential popu- the Louisiana State Police–Criminal PatrolM Unit lation traveling to or through a jurisdiction. Some and some St. Martin Parish sheriff’s deputies and agencies may not be pleased with the analysis of observed significant discrepancies consistentI with their data, but others will be reassured. demographic and racial profiling when Lcompared If analysis of these data reveals a problem, it can with the baseline group, the Louisiana State Police– be addressed. New procedures, training, or coun- Traffic Patrol. The researchers believed Ethat those seling can be employed to make changes. Some officers were conducting focused trafficS stops on departments are reassured when they find there is targeted populations in a drug interdiction effort not a bias-based policing problem, and the data can along I-10. 6 7 , help them counter allegations of unfair treatment. The Rand Corporation was hired to analyze the Having the data available is a starting point toward NYPD’s pedestrian stops for 2006, which amounted improvement, if there is a need for it, and documen- to half a million stops. They found slightS racial dif- tation to defend the department’s practices, if no ferences in certain areas of the city but overallH found problem is detected. the majority were not race-related A stops. They flagged a few officers for stopping more minority pedes- N trians and also recommended N some training and record-keeping changes to improve the police– O pedestrian interactions.6 8 N These limited studies together with anecdotal evidence have helped criminal justice practi- 1 tioners as well as community activists understand what is hap- 9 pening. More data are needed 0 to better determine if there is a specific problem in various cit- 9 ies and states across the country. T In response to the community S outcry, most states have implemented some type of data collec- M a r m a d u k e S t . J o h n / A l a m y Racial profiling and police brutality continue to be of concern to tion system. Collecting these data both the public and the police. Departments have procedures, will either help the community see reporting systems, and discipline in place to help prevent, there is no problem with the activi- respond to, and address these issues. ties of their police or help the police

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Community support and relationships can law enforcement agencies that have at least 100 be enhanced when the community has faith in the full-time officers. A year after the complaints were unbiased behavior of their police officers. A com- lodged, 94 percent had a final disposition: munity that trusts its department is more likely to • Twenty-five percent were unfounded (excessive work with the police in making the community safe, force did not occur). a good thing for all concerned. • Tw e n t y - t h r e e p e r c e n t o f t h e c o m p l a i n t s e x o n e r - ated the officers (officers performed lawfully). Police Brutality • Th i r t y - f o u r p e r c e n t t u r n e d u p i n s u f f i c i e n t e v i - dence to prove the allegation. Use of force is a necessary part of police work. • Eight percent were sustained (there was suffi- Officers are allowed to use the level of force neces- cient evidence to justify disciplining the accused sary to counter a suspect’s resistance and get the officers). suspect to comply with a lawful order. Use of force can range from a loud, commanding voice to deadly • The remainder had some other type of disposi- force. The use of force must be reasonable and it tion, such as withdrawal of the complaint. must be appropriate. When officers exceed this nec-M This is an average of one incident per 200 full-time essary level of force to achieve compliance, they Iare officers. Interestingly, the rate was higher for agen- using excessive force. Excessive force occurs when cies with a civilian complaint review board (11.9 ver- an officer uses more force than is necessary to coun-L sus 6.6 per 100 officers). Advocates of civilian review ter a subject’s resistance. Police brutality is moreE boards have long maintained that citizens are more severe and represents a significant disparity betweenS willing to bring abuse complaints forward to civil- the level of compliance by the citizen and the level of ians than to officers. 7 0 police force used. , The issue of excessive force received a lot of When an officer uses physical violence against media attention with the “Occupy” movement citizens, it is a significant occurrence. When it is occurring recently around the country. Though excessive, not warranted, or qualifies as brutality,S it there were some violent confrontations between is farther along on the slippery slope of corruption.H police and the occupy protesters leading to allega- Police brutality involves significant risk, including tions of excessive force—most notably in Oakland, injury or death to the suspect, officer, or other offi-A California; Seattle, Washington; New York City; cers, as well as the risk of citizen retaliation. N and at the University of California at Davis—most Police brutality has existed as long as there evictions were relatively peaceful. Many people have been organized police departments. In 1931,N credit this to improved training and communication the Wickersham Commission noted the problemO of both with the protesters and with other law enforce- police lawlessness and abuses to obtain confessions. ment agencies as to what approach works best, as Subsequent commissions in the 1940s and 1960sN compared to the way protests were handled during also raised the issue of police brutality. 6 9 Claims of the civil rights movement in the 1960s. police brutality were common during the civil dis-1 Overall, some of the excessive force incidents orders of the 1960s and 1970s, and continued to be can be attributed to noble cause corruption and significant in the 1980s and 1990s. Shootings9 of ends-oriented thinking. Officers involved in chases African American men in Miami between 1980 and0 with subjects who run from them or try to fight them 1989 resulted in three race riots. As recently as the often believe that these individuals need to be taught 1990s, people in the United States were stunned9 by a lesson to make the streets safer for everyone else. the use of excessive force by police officers in Tthe The officer believes he or she is doing a good thing Abner Louima and Rodney King cases. In fact, the for society. But what happens when this officer’s 1992 Los Angeles riots came on the heels of not-S actions are caught on tape and aired on the evening guilty verdicts in the trials of the four LAPD offi- news? Now the officer is seen as the bad guy, the bad cers accused of beating Rodney King. guy is seen as the victim, more harm has been done Police brutality still exists. According to the to the larger society, and the bad guy gets the bene- Department of Justice, 26,556 complaints of exces- fit. Noble cause corruption, with the ends justifying sive force were reported in 2002 with state and local the means, has backfired.

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record keeping is essential in preventing corruption Responses to Police and is helpful in the investigative process if corruption does occur. Corruption Internal affairs divisions can attack corruption Investigations in two ways: reactively and proactively. In a reactive investigation, the investigator waits for a complaint The most important step in eliminating or reducing of corruption from the public and then investigates police corruption is to admit that corruption exists. that specific complaint using traditional investigative The need for candor, Goldstein argues, is para- techniques. In a proactive investigation into police mount. Police officials have traditionally attempted corruption, investigators provide opportunities for 7 1 to ignore the problem and deny that it exists. officers to commit illegal acts, such as leaving valu- Many police departments have established internal able property at a scene to see if officers follow nor- affairs divisions as their major department resource mal procedures regarding found property. Proactive to combat corruption. Internal affairs divisions or investigations are often called integrity tests . units are the police who police the police depart- Police corruption also can be investigated by ment. Although it can vary by department,M depend- local district attorneys, state and federal prosecu- ing on the organizational climate in the agency, tors, and special investigative bodies, such as the sometimes internal affairs investigators areI not very Knapp Commission (New York City police corrup- popular with other members of the departmentL tion, 1970s), the Mollen Commission (New York because many officers see them as spies who only City police corruption, 1990s), and the Christopher want to get other officers in trouble. E Commission (Los Angeles police brutality, 1991). Police corruption and internal affairsS investi- The NYPD has had a series of corruption scan- gations can be particularly problematic for small dals that have occurred in approximately 20-year and rural agencies for several reasons. ,The more cycles. In the 1970s, the Knapp Commission found frequent, intimate contact with residents can pres- institutionalized corruption within the NYPD, ent more opportunities for unethical behavior, and primarily involving officers taking bribes in order because of this close relationship, residentsS may be to allow some criminals to avoid arrest. Reforms less likely to bring a complaint against anH officer. If followed this investigation, including the reorga- an investigation is initiated, it is difficult to keep it A nization of the internal affairs division and the quiet and confidential, and relationships are such establishment of a special prosecutor to prosecute that employees are probably too close to Nthe inves- officers involved in corruption. This position was tigation, if not involved themselves. ThereN may be eliminated in 1990, but in 1992, there were new alle- no intentional bias, but the investigators may find it gations of corruption. difficult to believe the allegations, and consequentlyO Concern about the new allegations of corruption may not be capable of conducting an objectiveN inter- as well as the apparent ability of corruption to exist nal affairs investigation. For this reason, most small undetected within the NYPD led to the formation and rural departments work out arrangements for of the Mollen Commission , which found some seri- another agency and possibly the state to1 conduct ous corruption among patrol officers in high-crime internal investigations for their departments. areas of the city, including protection of narcotics Understanding both the negative connotations9 traffickers, unlawful search and seizure, decep- of the “internal affairs” title and the need0 for sys- tion, and even direct involvement in drug dealing tematic preventive initiatives regarding corruption, many departments have implemented “professional9 standards” units, “compliance” units, or “integrity”T units. These divisions within the police department internal affairs divisions The unit of a police agency that is investigate allegations of wrongdoing butS are also charged with investigating police corruption or misconduct. actively involved in developing and implementing integrity tests Proactive investigation of corruption in which investigators provide opportunities for officers to commit illegal policies and procedures to minimize the chances of acts. corruption occurring. Such units conduct audits and Mollen Commission A commission created in the 1990s to inspections to ensure that safeguards are in place investigate corruption allegations in the New York City Police and that procedures are being adhered to. Good Department.

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and robberies. The commission also found that the vacancy because if the individual is granted his or administration of the department had failed to mon- her job back on appeal, the individual hired to fill itor, supervise, and investigate these officers. In the the position would have to be demoted or laid off. “us-versus-them” high-crime environment where Departments often choose to put officers the officers depended on each other for support and accused of corruption on administrative leave, give even for their safety, officers who did report prob- them administrative assignments, or allow them to lems or concerns encountered hostility and lack of continue in their assignments while awaiting the cooperation. final outcome of their discipline. Agencies may also Consequently, the Mollen Commission again allow the officer to resign rather than be fired to save recommended reorganizing the internal affairs the costs of going through expensive litigation. Both division into a centralized bureau and instituting of these options, however, allow the officer to con- procedures for monitoring officers. The commis- tinue to benefit from tax dollars in salary or pension sion also suggested changes in recruitment and benefits, which can greatly anger taxpayers. training. Though the department would retain Decertification is another option for law primary responsibility for investigating corrup- enforcement agencies. This is an administrative tion, an independent permanent oversight agencyM action coordinated through the state police stan- would be created to continually assess the NYPD’s dards organization that will determine if cause exists anticorruption measures and, if necessary, conductI to strip an officer of his or her state certification investigations. The Commission to Combat PoliceL to be a police officer. This action prevents prob- Corruption (CCPC) was created in 1995 and is made lem officers from moving from agency to agency. up of six commissioners appointed by the mayor.E In the past, some smaller agencies did not conduct According to the New York City government web-S thorough background investigations and thus were site, the commission continues to publish yearly unaware of, or unconcerned about, an officer’s past reports on corruption.7 2 , wrongdoing. States want to ensure some uniformity In addition to other bodies that investigate police in who continues to wear a badge in the state. These corruption, the FBI has jurisdiction to investigate state agencies regulating police standards also over- corruption in police departments. InvestigationsS by see revocation of officers’ licenses for serious misbe- the FBI have had a major effect on several policeH havior in 44 states. They attempt to minimize the departments, including the Philadelphia and NewA chance of a smaller, more cash-strapped town from Orleans departments. hiring a rogue officer from another department. N Discipline and Termination N Preventive Administrative Actions When corruption has been discovered in an agency,O The ideal way for police agencies to handle the devi- discipline is in order. This discipline will start withN ance and corruption issue is through prevention. any individuals directly involved and move up the The hiring and screening process is the first step in chain to “clean house.” Typically, anyone who knew preventing police corruption and misconduct. By or should have known there was a problem (and1 screening applicants out of the process who might either chose to look the other way and ignore it, or be prone to violence, have a quick temper, hold inap- was simply an ineffective leader) will be terminated.9 propriate attitudes, show a tendency to be “badge- Usually this will include the chief. At times, this0 heavy,” or already have committed criminal acts, process can be problematic. Officers, like every- many problems can be avoided. This screening is one, are entitled to due process. With civil service9 accomplished through the use of the polygraph, protections and union representation, what canT psychological evaluation, background investigation, appear to administrators as a clear violation worthyS and, if necessary, the field training process and pro- of discipline or termination (especially in the case bationary period. Hiring the wrong person can have of noncriminal misconduct) can be ultimately over- disastrous results for an agency both monetarily and turned by arbitrators, civil service boards, or courts. in terms of morale. Because of the difficulty in ter- A department can be in a state of limbo as these minating employees, problem employees can work cases move through various stages and appeals. and receive payouts for years before the agency has Often the department is unable to fill the apparent enough documentation to terminate them.

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Another administrative tool to prevent corrup- Some departments take this a step further and tion or misconduct is a good policy and procedure hold mediation meetings between the complainant manual that lets officers, supervisors, administra- and the involved officer, though only if both agree to tors, and the public know what behavior is allowed it. This is only used in minor complaints. It has been and what is not acceptable. Some agencies have gone found that sitting down and talking about the inci- one step further and, in addition to having the poli- dent in a nonemotional way and in a nonthreatening cies printed in a book (which, of course, every officer environment can greatly defuse the situation. By each should read), have chosen certain “high-liability” side explaining their point of view, it can open up the policies to discuss verbally one-on-one with officers eyes of the other person and lead to increased under- early in their careers. These discussions are usually standing and sometimes put a quick end to the com- built systematically into the orientation and train- plaint. On rare occasions some departments—again ing process, and officers have an opportunity to only with officer approval—may publicize disciplin- clarify any questions regarding the policies. Often ary hearings. In following through in the community officers must sign a statement that they have read policing philosophy, this can enable the community to and understood the policies. Such policies should be feel like a part of the discipline process and help them written as clearly as possible so that everyoneM knows to see the officer is a real human being who made a what is expected. Officers may view such policies as mistake rather than just a “uniform.” This can also a way to “hang” an officer if they are tooI vague or lead to improved relationships, reduced complaints, too much is left to the discretion of the supervisor.L and increased empathy. It takes a strong, positive orga- Developing policies that are relevant to every possi- nizational culture for officers to accept this option. ble contingency is an ongoing challenge forE agencies. Computerized early warning systems, now gen- Training is a follow-up to the developmentS of erally referred to as early intervention systems, have good policies. Ongoing training is necessary as laws been developed in recent years. These systems make and policies change. Officers need to be aware, of the it easier to identify officers who might have a prob- latest policies and changes in the law and need to lem. Typically these computer programs flag offi- review these policies, role-play particular scenarios, cers who may be prone to problems when interacting and problem-solve different situations. ThisS train- with the public. In most agencies, only a small per- ing will assist officers in making decisionsH as situa- centage of officers cause most of the problems and tions arise on the street. A generate most of the complaints from citizens. Early In addition to being made aware of the depart- intervention systems look at any number of criteria, ment’s policies and procedures, citizens Nshould be including use of force and citizen complaints, that a informed of the procedure for making a Ncomplaint department deems appropriate to determine which against a departmental employee. They should be officers can benefit from early intervention before allowed to make complaints via phone, by Omail, or in they become problem officers. The department person. The department should have a procedureN in can intervene through counseling or training and place to govern these complaints to make sure that all can monitor the officer’s performance in the future. of them are investigated and that a determination is These systems are particularly valuable in larger made regarding the validity of each complaint.1 There agencies, where supervisors may not be as familiar also should be a system for tracking cases. Problems with individual officers and their personalities, work and bad press are caused when citizens refer9 to former habits, and reliability; but they must be coupled with complaints that were made and claim that nothing0 was the common sense of supervisors and management. done about them. If a complaint has not been properly For example, officers with more aggressive assign- documented or recorded, the department and9 the offi- ments and generally working the nighttime shifts or cers cannot properly defend themselves, evenT though areas of town with high crime rates will generate the the officers might have been cleared of wrongdoingS or most complaints because their assignment is to be the behavior might have been justified. Proper docu- proactive and prevent crime. mentation and tracking show the community that the Adequate supervision can help prevent miscon- department is not afraid to examine allegations and duct that may occur during slow times of the shift, then take disciplinary action when an officer has done in certain areas of town, or on particularly prob- something wrong, which promotes a feeling of trust lematic types of calls. The knowledge that a super- between the police and the community. visor will or could show up may keep officers from

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making the wrong decision, and the knowledge that the right officers. This culture is defined by clearly they will have to explain their actions also helps offi- understood and implemented policies and rules. If cers “do the right thing” on their calls. If officers feel unwritten rules conflict with the written rules, the their behavior is not being monitored or that certain confusion that results undermines the department’s actions do not receive discipline, they may determine integrity-enhancing efforts. The officers will gauge that misdeeds will not be caught or that they are the integrity of the department by the department’s condoned. This supervision is of particular impor- diligence in detecting and disciplining those who tance with new officers and with officers assigned to engage in misconduct.7 3 particularly sensitive and discretionary assignments First-line supervisors are also critically impor- such as narcotics. These days, a reminder that a tant in modeling ethical behavior because they are video or still camera could be overhead, on an apart- the personnel who interact most frequently with road ment balcony, or on an individual’s cellphone may officers on a daily basis. Even officers acknowledge help officers make the right decision. the importance of this type of modeling. Ethical Some departments have begun to use what is behavior from supervisors, together with reward- often referred to as “uniform cams.” These small ing good officer behavior such as the reporting of cameras can be worn on officers’ sunglasses, caps,M wrongdoing by other officers, will help establish an or lapels, and record all police–citizen interactions. ethical climate in the agency. Administrators must These are believed to be a valuable tool for policeI work to ensure that officers who report or confirm officers despite their initial reluctance to use them.L misconduct do not suffer retribution or alienation by These cameras for the most part serve to protect their coworkers. officers from malicious accusations and to clear Ethe By incorporating all these preventive methods, air and the record when conflicting recollectionsS working to promote integrity, and working with the result from interactions. The biggest asset is that community to solve problems and reduce crime, a incidents can be seen through the eyes of the officer., department can create an improved environment Proponents of these cameras feel that in the long run for all. In her introduction to the U.S. Department the savings in potential litigation and loss of good- of Justice report on integrity, former Attorney will will far outweigh the high cost of these camerasS General Janet Reno called attention to the inscrip- and data storage. There are still some ethical andH tion on the side of the Justice Department building constitutional issues to iron out in order to ensureA no in Washington, D.C., which reads, “The common one’s rights are violated. These cameras potentially law is derived from the will of mankind, issuing will also serve as “remote” supervision by keepingN from the people, framed through mutual confidence, officers on the straight and narrow and encouragingN sanctioned by the light of reason.” She concluded them to model the best behavior when involved in with the comment, “Policing at its best can do more citizen encounters. O than anything to frame that confidence and bring The organizational culture can help preventN together all of the people, in the knowledge that the corruption and misconduct. If a department takes law speaks fairly to them.”7 4 a proactive stance toward promoting integrity throughout the entire agency, the environment will1 not be conducive toward the development of cor- Citizen Oversight ruption or deviance. If officers know where the chief9 Citizen oversight (also referred to as civilian review, stands and the chief models ethical behavior, officers0 citizen complaint boards, or external review) is a will know which behaviors will not be tolerated. The method designed to allow for independent citi- late Carl Klockars and his associates found that9 an zen review of complaints filed against the police agency’s culture of integrity may be more importantT through a board or committee that independently in shaping the ethics of police officers than hiringS reviews allegations, monitors the complaint process, examines procedures, and makes recommendations regarding procedures and the quality of the investigations in the department. Citizen oversight gener- citizen oversight Also referred to as civilian review or external review. A method that allows for the independent citizen review ally has been implemented in communities that were of complaints filed against the police through a board or com- unhappy with their police department and believed mittee that independently reviews allegations of misconduct. that citizens had not had adequate input into how

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the department was operated. When communities regarding the use of civilian review boards, but often have felt that internal affairs was not doing its job, come to see the value when they realize the effect the citizens’ rights groups have demanded some type of process can have on the community’s perception of citizen oversight to ensure that complaints against their department. However, most departments like the police are adequately investigated. to have the final say in what discipline, policies, and Citizen review boards rose in popularity after training the department will implement. The concept the civil disturbances of the 1960s and 1970s. Today, of individuals who know nothing about police work most major cities have some type of citizen oversight making such important decisions and recommenda- in place. It is often recommended that agencies use tions for departments makes administrators and offi- an open complaint process for enhancing integ- cers alike nervous. Depending on the model used, rity in a department, provide a process by which it the board can duplicate the work of internal affairs is convenient for citizens to file complaints against and cause unnecessary expense and time to the com- members of the organization, and ensure that citi- munity, and citizens may question a review board’s zens can have confidence that the complaints will be power if the board is only advisory and has no real fairly investigated. clout. Generally, however, citizens feel that commu- There are four basic models of Moversight nity input into the running of their police organization systems: will help make the department more representative of I the community. • Citizens investigate allegations of misconduct L Despite the valid arguments on both sides of the and make recommendations to the head of the issue of citizen oversight, processes involving citi- agency. E zens are widely used. Therefore, the issue of whether • Officers or a nonsworn police employeeS conduct citizen reviews are valuable may already have been the investigations and develop findings that the settled from the public’s point of view. The only citizens then review, recommending to, the head decision to be made is what type of review system to of the agency to approve or reject the findings. incorporate. As viewed from the police perspective, • O f f i c e r s i n v e s t i g a t e m i s c o n d u c t a nS d r e n d e r these types of boards are most often implemented recommendations, but citizens can appeal the after a highly publicized and emotionally charged findings to citizens who are designatedH to make incident has occurred. Consequently, they are recommendations to the head of the agency.A sometimes hastily put together and may not be the • An auditor investigates the process the depart- system best designed to serve the particular police ment uses to investigate misconduct andN reports department. In order to have more time and input on the fairness and thoroughness of theN process in choosing the system that best complements the to the community. police organization, many departments are taking O a proactive approach and putting a system in place • Citizen review boards can play severalN general before a crisis erupts. Ultimately, this may contrib- roles: ute to the success of the system for all concerned. • The board can provide an independent review of complaints. The belief is that an independent1 review board with no ties to the police will provide a fair and unbiased investigation,9 and the Police Civil and Criminal mere perception of this will provide greater0 pub- Liability lic confidence in the complaint process.9 • The board can monitor both the complaint pro- Misconduct by police officers can lead to civil and cess and general police department policiesT and criminal liability. Police officers may be held legally practices. liable—arrested, sued, and prosecuted—for their S conduct. This concept of police legal liability comes The board can provide policy review for the • in many different forms. Police civil liability means department when looking into the underlying problems that resulted in the citizen’s complaint.

In general, citizens are in favor of the citizen civil liability Potential liability for payment of damages as a review process. Police can be somewhat resistant result of a ruling in a lawsuit.

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that a police officer may be sued in civil court for on Section 1983 of Title 42 of the U.S. Code (Civil improper behavior, using such civil law concepts Action for Deprivation of Civil Rights): as negligence and torts. Civil liability is a relatively Every person who, under color of any statute, new approach to correcting improper actions by the ordinance, regulation, custom, or usage, of any police through lawsuits and the resultant monetary State or Territory, subjects or causes to be sub- judgments. Officers also may be sued under the pro- jected, any citizen of the United States or other visions of a state civil rights law for violation of a per- persons within the jurisdiction thereof to the son’s civil rights. deprivation of any rights, privileges or immuni- Rolando V. del Carmen has identified sev- ties secured by the Constitution and laws, shall eral major sources of police legal liability: Under be liable to the party injured in an action at law, state law, police are subject to (1) civil liabilities, suit in equity, or other proper proceeding for including state tort laws and state civil rights laws; redress. (2) criminal liabilities, including state penal code provisions applicable only to public officials and This law was passed in 1871 by Congress to general state penal law provisions; and (3) adminis- ensure the civil rights of individuals. It requires due trative liabilities. Under federal law, police are sub-M process of law before any person can be deprived of ject to (1) civil liabilities, including three sections life, liberty, or property and provides redress for the of Title 42 of the U.S. Code; (2) criminal liabili-I denial of these constitutional rights by officials act- ties, including three sections of Title 18 of the U.S.L ing under color of state law (under the authority of Code; and (3) administrative liabilities.7 5 their power as public officials).7 6 E Section 1983 of Title 42 of the U.S. Code was S originally known as Section 1 of the Ku Klux Klan State Liability Act of April 20, 1871, enacted by Congress as a Police may be sued in state civil courts for torts., means of enforcing the Fourteenth Amendment A tort is a private wrong, as opposed to a crime that guarantee of rights to the newly freed slaves. This is considered a public wrong. Torts can be classi- law originally was given a narrow interpretation fied as intentional or negligence. As for criminalS by the courts and was seldom used. Between 1871 liability , many states have provisions in their penalH and 1920, only 21 cases were decided under Section codes that make certain actions by police officersA 1983. 7 7 Police officers who violate a person’s civil or other public servants a crime. Police officers, like rights by unlawfully searching or detaining a per- everyone else, are subject to being charged with vio-N son can be sued under this law. It can also be used in lations of the state penal law, such as murder, assault,N abuse-of-force cases. or larceny. Two other sections of Title 42 of the U.S. Code Police officers are also subject to administra-O also apply to police officers. Section 1985 (Conspiracy tive liability. They are liable for the rules and regu-N to Interfere with Civil Rights) can be used against two lations established by their department to govern or more officers who conspire to deprive a person of the conduct of its officers. Officers charged with the equal protection of the law. Section 1981 (Equal violations of a department’s internal rules and reg-1 Rights under the Law) can also be used against offi- ulations may be subject to discipline in the form cers. In addition to being sued by a plaintiff civilly of fines, demotions, and even dismissal from 9the for violation of a person’s civil rights, a police officer department. 0 can face criminal charges by the government, using Title 18 of the U.S. Code, Section 242 (Deprivation of 9 Rights under Color of Law), and in conspiracy cases, Federal Liability T Title 18 of the U.S. Code, Section 241 (Conspiracy In recent years, an increasing number of lawsuitsS Against Rights). Title 18 of the U.S. Code, Section 245 against police officers have been brought to federal (Federally Protected Activities), may be used against courts on civil rights grounds. These federal suits officers who interfere with certain activities such as are known as 1983 suits, because they are based voting, serving as a juror in a federal court, and other federally regulated activities. In 2011, the Department of Justice investi- criminal liability Subject to punishment for a crime. gated civil rights issues in 17 police and sheriffs’

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departments, the largest number in its 54-year officers. These areas of potential liability include history. These departments included the Seattle negligent operation of emergency vehicles; negligent Police, Portland (Oregon) Police, Maricopa County failure to protect; negligent failure to arrest; negli- (Arizona) Police, Puerto Rico Police, Alamance gent failure to render assistance; negligent selection, County (North Carolina) Police, New Orleans hiring, and retention; negligent police supervision Police, and Newark (New Jersey) Police. Experts are and direction; negligent entrustment and assign- not sure whether this number reflects a true increase ment; and negligent failure to discipline and investi- in civil rights violations and the use of excessive gate. Some of these issues are of more concern to law force or whether violations are now more likely to enforcement administrators, but many should be of be exposed. It is also possible that issues such as the concern to the street officer as well. Kappeler further state of the economy and weaknesses in the men- discusses areas of concern to officers in regard to the tal health system could be causing more dangerous liability associated with excessive force, high-risk encounters for police.7 8 drug enforcement, abandoning citizens in dangerous Just as state officers are subject to the rules places, failure to arrest intoxicated drivers, and neg- and regulations of their departments, federal law ligence at accident scenes.8 1 enforcement officers also are subject to administra-M Civil lawsuits are filed against the police for tive liability for violating the rules and regulations several reasons, as the following examples show. In of their agencies. The violation of these regulationsI 2006, the city of Oakland, California, agreed to pay may lead to such disciplinary action as fines,L demo- $2 million to antiwar protesters injured three years tions, or dismissal. earlier by police use of less-than-lethal force. The E police fired less-than-lethal rounds (rubber and S wooden bullets) at the demonstrators, some of whom Reasons for Suing Police Officers had thrown rocks at the police, which resulted in 58 The major sources of police civil liability, include: people being injured.8 2 failure to render proper emergency medical assis- In 2012, a jury awarded $5.7 million to a con- tance, failure to aid private citizens, false arrest, victed felon left paralyzed in a police shooting. excessive force or inappropriate use of deadlyS force, Robert Contreras, a known gang member pleaded malicious prosecution, patterns of unfairH and ineq- no-contest to attempted murder in a drive-by shoot- uitable treatment, negligence in the care ofA suspects ing. Officers responding to the drive-by shooting in police custody, failure to prevent a foreseeable chased Contreras into a dark driveway as he was crime, lack of due regard for the safety Nof others, fleeing the scene. When he turned toward them false imprisonment, violations of constitutionalN with an object in his hand (which turned out to be a rights, and racial profiling.7 9 Typically, the issue of cell phone), the officers opened fire.8 3 excessive force is the most widely publicizedO and A month later, a federal jury handed down a well-known basis for civil liability becauseN of the $3.2 million verdict against the LAPD after officers media attention it receives. shot a mentally ill woman and used a Taser on her. I n Civil Liabilities in American Policing: In the 2009 confrontation, a 37-year-old woman suf- A Text for Law Enforcement Personnel , del1 Carmen fering from bipolar disorder went into a manic epi- includes chapters on the following types of liabili- sode and wandered city streets for hours, half naked ties affecting law enforcement personnel:9 liability and talking incoherently. When officers pulled up, for nondeadly and deadly use of force; liability0 for she rushed their patrol car, banging on the windows, false arrest and false imprisonment; liability for and then struck one officer with a wooden stake. The searches and seizures; liability for negligence,9 and other officer shot her three times. She survived her specific instances of negligence in policeT work; wounds; the jury felt the officers were “malicious” liability for jail management; liabilitiesS of police and excessive in how they treated the mentally ill supervisors for what their subordinates do; and woman.8 4 liabilities of police supervisors for what they do to As mentioned earlier, the city of Tacoma, their subordinates. 8 0 Washington, agreed to pay the family of Crystal In his text Critical Issues in Police Civil Liability , Brame $12 million after she was murdered by Victor Kappeler addresses the issue of negligence her husband, David Brame, the chief of police in and discusses areas of concern to law enforcement Tacoma, following a pattern of abusive behavior.

62736_ch08_ptg01_hr_226-258.indd 253 9/4/14 7:04 PM 254 PART 2 THE PERSONAL SIDE OF POLICING Effects of Lawsuits on Police The city of Chicago recently implemented a program that considered this issue. Their new strat- Departments and Officers egy was to go to trial with all defensible lawsuits The use of civil lawsuits against the police has been against their officers rather than settling the cases increasing at a rapid rate and is having a dramatic to save money. After a year, the results of this policy effect on the treasuries of some counties and cities. were “astonishing,” with lawsuits filed against offi- Advocates of police civil damage lawsuits see these cers and settlements falling dramatically as word of lawsuits as a vehicle for stimulating police reform. this policy change spread. 8 5 So many suits have been They assume that the dollar cost of police mis- filed against the police that the U.S. Supreme Court, conduct will force other city officials to intervene in Canton v. Harris (1989), made it more difficult for and force improvements in the police department victims to sue for damages. The Court ruled that to through discipline, policy change, or training. be liable, police departments must be deliberately Increased media attention, coupled with some indifferent to the needs of the people with whom high judgments and out-of-court settlements, has police come in contact. 8 6 encouraged individuals and lawyers to go after the Officers and administrators need to be aware of most visible arm of the criminal justice system—theM the issue of civil liability and the police. Sometimes police. Seminars held around the country instruct the threat of civil suits and large penalties proves to attorneys on how to sue police departments, in additionI be an effective deterrent to excessive force, but unre- to seminars for government entities and police manag-L alistic fears of civil liability have a number of nega- ers on how to avoid or protect themselves against law- tive effects, including morale problems, alienation suits. There is the perception that the government Ehas from the public, and sometimes misunderstandings. “deep pockets” and the ability to pay these judgmentsS Some officers may develop a reluctance to take action and settlements. The cost to taxpayers for civil suits that should be taken as part of their job because of is extremely high when factoring in the cost of liabil-, the fear of being sued. Such fears and reluctance ity insurance, litigation, out-of-court settlements, and could result in an ineffective police agency, with punitive damage awards. It is unfortunate, but becauseS many officers just doing enough to get by and stay of the high costs, many governments pay minimal out- out of trouble. of-court settlements to get rid of the case and avoid Hthe The increase in litigation does have a positive costs of litigation. This angers police officers who Afeel side in that it allows for proper redress of police that they did nothing wrong and that the government wrongdoing and promotes better police training should always defend them and stand up for whatN is and more responsible police practices; it also sets right, rather than just looking at the least expensiveN the standard for police behavior.8 7 Officers should way to resolve the situation. Police also fear that settle- be as educated in this area as possible to have a ments encourage frivolous lawsuits. O realistic view and accurate understanding of the This issue of settling lawsuits is often viewedN by issue. Kappeler’s text, Critical Issues in Police Civil the rank and file and even police administrators as an Liability, is a good place to begin that education. additional ethical issue. Cities or counties frequently settle lawsuits simply because it makes sense finan-1 The Emotional Toll of Police cially due to the high cost of employing specialist lawyers and beginning a defense strategy. Officers9 Lawsuits and supervisors believe that when everything was0 The emotional toll that internal affairs investiga- done correctly, and yet the city agrees to settle with tions can cause is a subject often ignored by academ- an accuser, it sends the wrong message—that 9the ics. Although it is important to receive, document, officers were wrong and the accuser is right, whichT is and track complaints against the police for many usually far from the truth. Officers have noted thatS reasons, people have all sorts of reasons for com- they are held to high ethical standards and encour- plaining about police officers. Many mistakenly aged to do the right thing; this standard should also hope to get out of whatever charges they face, from hold for the governing entity, which should not settle traffic tickets to arrests. Often the person charged is cases just to save money. The government should not even the one to make the complaint. He or she back their officers when they have behaved appro- tells someone about it, and that third party may priately in the performance of their job. decide to make an issue of it.

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Complaints against the police can generate a lot negative publicity by association. Command staff of media attention. The media love to report on “bad and supervisors also may avoid contact with the cops,” sometimes even before all the facts have been officer in hopes of not contaminating the investiga- ascertained. When the public reads about an alleged tion, and frequently the involved officer is placed misconduct incident in the paper or hears about it in on administrative leave. Hence, the officer may feel the news, a statement such as “Officer Smith would abandoned and alone, with no one to talk to about not comment” is often included, which the public the incident. Often departments do not consider this may view negatively. Generally the press does not aspect of the situation because their most pressing mention that usually departmental policy, and some- concern becomes distancing the department and its times state law, prevents an officer from discussing an policies from the officer’s behavior if necessary. ongoing investigation. Thus, the citizen complainant Both administrators and officers need to remind gets to tell his or her story, often repeatedly, without themselves that police officers go into law enforce- the account being disputed by the police until the ment to serve the public and do the right thing, and investigation has been concluded. Unfortunately, if by being wrongly accused or by making a mistake this procedure can take weeks or months, depending they are now vilified, the effects can be devastating. on how involved the investigation is, by whichM time The worst-case scenario is the officer who commits the public or the press no longer cares about the case. suicide as his or her world crumbles; lesser problems This kind of publicity has a drastic Iimpact on can include increased use of alcohol, marital prob- the psychological well-being of the officersL involved, lems, or extreme cynicism for the remainder of his as well as their families, as they see their names or her career. Police administrators need to be cog- trashed in the papers and on the news. SometimesE nizant of the emotional toll of internal investigations fellow officers unintentionally distance themselvesS and have some procedures in place to help minimize from an accused officer, wanting to avoid, any those effects.

SUMMARY S • E t h i c s i s d e f i n e d a s t h e s t u d y o f w h a t H i s g o o d o r supervision, promoting integrity within the bad conduct and is critical in understandingA and department, and early intervention systems. confronting police misconduct. • Other forms of police deviance include drug- • Police behavior is governed by Nthe U.S. related misconduct, sleeping on duty, police Constitution, the Bill of Rights, theN Supreme deception, sex-related misconduct, domestic vio- Court, case law, state laws, department policies lence in police families, and biased-based policing. and procedures, the Law EnforcementO Code of • Although use of force is a necessary part of the Ethics, and an oath of office. N job, it must be reasonable and appropriate. When • The media highlights incidents of police corrup- officers cross the line, force becomes excessive, tion or misconduct. and brutality is even more severe, with a signifi- • Po l i c e c o r r u p t i o n h a s b e e n a r o u n d 1f o r m a n y cant disparity between the level of compliance years, and several high-profile incidents9 have and the amount of force used. led to the formation of commissions to study the • Citizen oversight is often demanded by the com- problem. 0 munity when citizens believe the police depart- • No b l e c a u s e c o r r u p t i o n r e f e r s t o s i t u a t i9 o n s w h e r e ment is not being responsive to their concerns and officers bend the rules to attain theT “right” investigations are not being fairly conducted. result. • Police may be held liable for their actions through • There are many different responses to policeS cor- the state courts or the federal courts. ruption, including investigations, discipline, and • Only a very small percentage of officers are preventive actions. involved in misconduct, and police deviance • Preventive actions used to minimize the occur- will probably never be entirely eliminated. rences of corruption and misconduct include hir- Nevertheless, police departments must do all that ing processes, policies and procedures, training, they can to prevent police deviance.

62736_ch08_ptg01_hr_226-258.indd 255 9/4/14 7:04 PM 256 PART 2 THE PERSONAL SIDE OF POLICING KEY TERMS biased-based policing ethics Knapp Commission bribe grass-eaters meat-eaters citizen oversight gratuities Mollen Commission civil liability integrity test noble cause corruption corruption internal affairs division police deception criminal liability judicial review “rotten apple” theory

REVIEW EXERCISES 1 . It has come to your new chief’s attention that current assignment in the planning division, officers are receiving free meals and coffee at your chief has asked you to develop an instru- a couple of restaurants in town. Many officersM ment for collecting data on car stops that could have been doing this for years and do not see a be analyzed on a regular basis to determine if problem with it. The chief is concerned aboutI there may be a problem and to help reassure this practice and the perception it may causeL your citizens that you are working to fairly rep- among businesses, the officers, and the public at resent the community and provide equitable ser- large. She assigns you the task of writing a pol-E vices. Consider that the form should be concise icy that will address gratuities and training Sthe and exact to facilitate its use by officers, and yet officers in this policy. She also requests that you, it needs to collect the data that will answer the write a letter she can send to business owners questions. Explore instruments used by other informing them of this new policy. Draft a pol- agencies and states to help you clarify what type icy the officers can understand and adhere to,S as of questions to ask, and prepare the instrument well as an hour-long training session explain- for collecting the data. ing the rationale for the policy to the officers.H 3 . Develop a policy that outlines what police offi- Lastly, draft a letter to the business ownersA for cers should do if they arrive on a domestic vio- the chief’s signature. N lence call involving a police officer. Outline the 2 . Your city has decided to address the issue of investigative and administrative follow-up that biased-based policing proactively. With yourN will occur. O N WEB EXERCISES 1 . Go to the websites of three police departments1 model policy and compare it to the one in and summarize their instructions for citizens9 your state. desiring to make a complaint against an officer. 3 . Go to the website for your state patrol agency. Can the citizen report it online, over the phone,0 Analyze their traffic stop data regarding biased- in the mail, in person, or any of these? Who will9 based policing. What do the data show? Is the review and investigate the complaint? Do you T state patrol in your state stopping and searching get a feeling that a complaint will be fairly inves- people in a manner consistent with the popula- tigated or does the site discourage people whoS tion of the state? If there appears to be a prob- want to make a complaint? lem, what are they doing to rectify it? What are 2 . Go to the website of the Washington State some of the challenges they mention for tracking Office of the Attorney General and look at and analyzing this information, such as a high the information on domestic violence involv- percentage of transient workers, proximity to a ing law enforcement officers. Examine their state or national border, and so on?

62736_ch08_ptg01_hr_226-258.indd 256 9/4/14 7:04 PM CHAPTER 8 POLICE ETHICS AND POLICE DEVIANCE 257 END NOTES 1 . J o y c e l y n M . P o l l o c k , Ethical Dilemmas and Decisions in Criminal 1 9 . C h r i s t o p h e r D r e w , “ P o l i c e S t r u g g l e s i n N e w O r l e a n s R a i s e Justice, 6th ed. (Belmont, Calif.: Thomson/Wadsworth, 2010), p. 7. Old Fears,” New York Times , June 9, 2006. 2 . D o u g l a s W. P e r e z a n d J . A l a n M o o r e , Police Ethics: A Matter 2 0 . J o h n B u r n e t t , “ V e r d i c t i n K a t r i n a S h o o t i n g B u o y s P o l i c e of Character , 2nd ed. (Clifton Park, NY.: Delmar/Cengage, 2013), Reform,” NPR online, www.npr.org/2011/08/18/139668648/ p. 86. verdict-in-katrina-shooting . 3 . P o l l o c k , p . 1 8 9 . 2 1 . A s s o c i a t e d P r e s s , “ F o r m e r M i a m i C i t y M a n a g e r W a r s h a w Loses Pension—Again,” South Florida Sun-Sentinel , August 6, 4 . I b i d . , p . 1 9 5 . 2003. 5 . G a l l u p , I n c . , T h e G a l l u p P o l l o n l i n e , J u n e 2 0 1 3 , a v a i l a b l e a t 2 2 . W i l l i a m K . R a s h b a u m , “ K e r i k D e s c r i b e d a s C l o s e t o D e a l o n www.gallup.com/poll/1597/confidence-institutions.apx . a Guilty Plea,” New York Times , June 29, 2006. 6 . C a t h e r i n e G a l l a g h e r , E d w a r d M a g u i r e , S t e p h e n D . Mastrofski, 2 3 . J a m e s P i n k e r t o n , “ C u s t o m s A g e n t L e t D r u g s S l i p T h r o u g h , ” and Michael D. Reisig, “The Public Image of Police,” 2001, Houston Chronicle, March 26, 2006. retrieved April 21, 2010, from www.theiacp.org . 2 4 . S a m u e l W a l k e r a n d C h a r l e s M . K a t z , Police in America: 7 . F r a n k S c h m a l l e g e r , Criminal Justice Today , 9th ed. (Upper An Introduction , 6th ed. (New York: McGraw-Hill, 2008), Saddle River, N.J.: Prentice Hall, 2007), p. 18. M p p . 4 5 5 – 4 6 0 . 8 . P e r e z a n d M o o r e , Police Ethics , p. 193. I 2 5 . P o l l a c k , Ethical Dilemmas and Decisions in Criminal Justice , 9 . N a t i o n a l A d v i s o r y C o m m i s s i o n o n Criminal Justice Standards p . 1 9 5 . and Goals, Police (Washington, D.C.: U.S. GovernmentL Printing 2 6 . C r a n k a n d C a l d e r o , Police Ethics , pp. 77–79. Office, 1973); National Commission on Law Observance and Enforcement, Report on Police (Washington, D.C.:E U.S. 2 7 . L a w r e n c e W. S h e r m a n , e d . , Police Corruption: A Sociological Government Printing Office, 1931); President’s CommissionS on Perspective (Garden City, N.Y.: Doubleday, 1974), p. 1. Law Enforcement and Administration of Justice, The Challenge 2 8 . H e r m a n G o l d s t e i n , Policing a Free Society (Cambridge: of Crime in a Free Society (Washington, D.C.: U.S. Government , Ballinger, 1977), p. 218. Printing Office, 1968); Standards for Law Enforcement Agencies, 2nd ed. (Fairfax, Va.: Commission on Accreditation for Law 2 9 . K n a p p C o m m i s s i o n , Report on Police Corruption , p. 4. Enforcement Agencies, 1987). S 3 0 . W a l k e r a n d K a t z , Police in America , pp. 452–454. 1 0 . K n a p p C o m m i s s i o n , Report on Police Corruption (New York: 3 1 . P o l l a c k , Ethical Dilemmas and Decisions in Criminal Justice , B r a z i l l e r , 1 9 7 3 ) . H p . 2 2 6 . 1 1 . V i n c e n t J . P a l m i o t t o , “ L e g a l A u t h o r i t y o f P o l i c e , ” i n M i c h a e l A 3 2 . W a l k e r a n d K a t z , Police in America, p. 452. J. Palmiotto, Police Misconduct (Upper Saddle River, N.J.: Prentice Hall, 2001), pp. 3–14. N 3 3 . S h e r m a n , Police Corruption, p. 7. 1 2 . H e r m a n G o l d s t e i n , Police Corruption: A PerspectiveN on Its 3 4 . I b i d . , p p . 1 9 1 – 2 0 8 . Nature and Control (Washington, D.C.: Police Foundation, 1975), 3 5 . P e r e z a n d M o o r e , Police Ethics , p. 194. p . 3 . O 3 6 . C r a n k a n d C a l d e r o , Police Ethics , pp. 105–110. 1 3 . C a r l B . K l o c k a r s , S a n j a K u t n j a k I v kovic, WilliamN E. Harver, and Maria R. Haberfeld, “The Measurement of Police Integrity,” 3 7 . I b i d . , p . 1 3 7 . National Institute of Justice Research in Brief (Washington, D.C.: 3 8 . I b i d . , p . 1 3 8 . National Institute of Justice, 2000), p. 1. 1 3 9 . U . S . G e n e r a l A c c o u n t i n g O f f i c e , Information on Drug-Related 1 4 . M i c h a e l J . P a l m i o t t o , “ P o l i c e M i s c o n d u c t : W h a t I s I t ? ” i n Police Corruption (Washington, D.C.: U.S. General Accounting Palmiotto, Police Misconduct , p. 37. 9 Office, 1998), GAO/GGD-98–111. 1 5 . R i c h a r d J . L u n d m a n , “ P o l i c e M i s c o n d u c t , ” i n A b r a h am S. 0 4 0 . J e r o m e H . S k o l n i c k , “ D e c e p t i o n b y P o l i c e , ” i n F r e derick A. Blumberg and Elaine Niederhoffer, eds., The Ambivalent Force: Elliston and Michael Fieldberg, eds., Moral Issues in Police Work Perspectives on the Police , 3rd ed. (New York: Holt, Rinehart9 and (Totowa, N.J.: Rowman and Allanheld, 1985), pp. 76–77. Winston, 1985), p. 158. T 4 1 . I b i d . 1 6 . P e t e r M a a s , Serpico (New York: Bantam Books, 1974). S 4 2 . Brady v. Maryland, 373 U.S. 83 (1963). 1 7 . J o h n P. C r a n k a n d M i c h a e l A . C a l d e r o , Police Ethics: The Corruption of Noble Cause, 3rd ed. (Cincinnati: LexisNexis, 2010), 4 3 . P e t u l a D v o r a k , “ P o l i c e R e c l a s s i f y 1 1 9 I n j u r y R e p o r t s a s p . 1 4 1 . Crimes,” Washington Post , June 2, 2006. 1 8 . “ S e n t e n c i n g i n C i t y o f M i a m i C o p s C a s e , ” p r e s s r e l e a s e f r o m 4 4 . P a u l a M c M a h o n , “ B r o w a r d D e p u t y ’ s T r i a l U n d e r W a y f o r U.S. Department of Justice, U.S. Attorney for Southern District of Allegedly Blaming Crimes on Wrong People,” South Florida Sun- Florida, October 29, 2003. Sentinel , May 17, 2006.

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4 5 . P. B . K r a s k a a n d V. E . K a p p e l e r , “ To S e r v e a n d P u r s u e : Your Reputation Depends on It (Washington, D.C.: Department of Exploring Police Sexual Violence Against Women,” Justice Justice, 2003), retrieved October 12, 2008, from www.ncjrs.gov . Quarterly 1 (1995): 85–111. 6 5 . B r i a n R e a v e s , Local Police Departments, 2007 (Washington, 4 6 . P h i l i p M . S t i n s o n a n d J o h n L i e d e r b a c h , “ S e x - R e l a t e d D.C.: Bureau of Justice Statistics, 2010), NCJ#231174. Misconduct,” Police Chief (August 2013): 14–15. 6 6 . U . S . Department of Justice, A Resource Guide on Racial 4 7 . N a t i o n a l C e n t e r f o r W o m e n a n d P o l i c i n g , Police Family Profiling Data Collection Systems . Violence Fact Sheet , retrieved February 22, 2008, from 6 7 . J i m R u i z a n d M a t t h e w W o e s s n e r , “ P r o f i l i n g , C a j u n S t y l e : www.womenandpolicing.org . Racial and Demographic Profiling in Louisiana’s War on Drugs,” 4 8 . I b i d . International Journal of Police Science and Management 3 (2006): 1 7 6 – 1 9 7 . 4 9 . K i m b e r l y A . L o n s w a y , “ P o l i c i e s o n P o l i c e O f f i c e r D o m e s t i c Violence: Prevalence and Specific Provisions of Large Police 6 8 . A l i s o n G e n d a r , “ R e v i e w S a y s H a l f - M i l l i o n N Y P D S t o p - Agencies,” Police Quarterly 4 (2006): 397–422. and-Frisk Cases Not Racial Profiling,” New York Daily News , November 21, 2007. 5 0 . S a r a h C o h e n , R e b e c c a R u i z , a n d S a r a h C h i l d r e s s , “Departments Are Slow to Police Their Own Abusers,” The New 6 9 . C r a n k a n d C a l d e r o , Police Ethics , p. 86. York Times, November 23, 2013. 7 0 . M i c h a e l J . S n i f f e n , “ S t u d y T r a c k s P o l i c e B r u t a l i t y C l a i m s , ” 5 1 . K e n n e t h P e a k , Policing America: Methods, Issues, Challenges , Washington Post , June 25, 2006. 5th ed. (Upper Saddle River, N.J.: Prentice Hall, 2006). M 7 1 . G o l d s t e i n , Police Corruption , pp. 6–8. 52. National Center for Women and Policing. I 7 2 . N e w Yo r k C i t y g o v e r n m e n t w e b s i t e , w w w . n y c . g o v . 5 3 . G i n a B a r t o n , “ P o l i c e D e p a r t m e n t I g n o r e s N a t i o n a l S t a n d a r d s L 7 3 . C a r l B . K l o c k a r s , S a n j a K u t n j a k I v k o v i c , a n d M a r i a R. for Officers Accused of Domestic Violence,” Journal Sentinel, Haberfeld, Enhancing Police Integrity (Washington, D.C.: October 30, 2011, www.jsonline.com . E Department of Justice, December 2005), NCJ#209269, retrieved 5 4 . C o h e n e t a l . S October 12, 2008, from www.ncjrs.gov/pdffiles1/nij/209269.pdf . 5 5 . M i c h a e l K o , “ B r a m e I n q u i r y : P o o r J u d g m e n t b u t N o , 7 4 . K l o c k a r s , I v k o v i c , a n d H a b e r f e l d , Enhancing Police Integrity , Charges,” Seattle Times, November 18, 2003. NCJ#209269. 5 6 . “ D r e w P e t e r s o n S e n t e n c e d : E x - C o p G e t s 3 8 Ye a r s i n K a t h l e e n 7 5 . R o l a n d o V. d e l C a r m e n , Civil Liabilities in American Policing: Savio’s 2004 Drowning Death,” The Huffington Post, FebruaryS A Text for Law Enforcement Personnel (Englewood Cliffs, N.J.: 22, 2013, http://www.huffingtonpost.com/2013/02/21/drew- Prentice Hall, 1991), pp. 7–14. peterson-sentenced-e_n_2735356.html. H 7 6 . S c h m a l l e g e r , Criminal Justice Today , p. 317. 5 7 . U . S . D e p a r t m e n t o f J u s t i c e , A Resource Guide on Racial A 7 7 . D e l C a r m e n , Civil Liabilities in American Policing . Profiling Data Collection Systems: Promising Practices and Lessons Learned (Washington, D.C.: Department of Justice, 2000), N 7 8 . J e r r y M a r k o n , “ J u s t i c e D e p a r t m e n t B o o s t s A c t i v i t y t o P o l i c e NCJ#184768. N the Police,” Washington Post , September 17, 2011. 5 8 . I b i d . 7 9 . S c h m a l l e g e r , Criminal Justice Today , p. 315. 5 9 . Sourcebook of Criminal Justice Statistics , retrieved NovemberO 8 0 . D e l C a r m e n , Civil Liabilities in American Policing , pp. 2–3. 19, 2006, from www.albany.edu/sourcebook . N 8 1 . V i c t o r K a p p e l e r , Critical Issues in Police Civil Liability , 3rd ed. 6 0 . U . S . D e p a r t m e n t o f J u s t i c e , A Resource Guide on Racial (Prospect Heights, Ill.: Waveland Press, 2001), p. 26. Profiling Data Collection Systems . 8 2 . “ O a k l a n d t o P a y $ 2 M i l l i o n t o P r o t e s t e r s I n j u r e d b y C o p s , ” 6 1 . C h r i s t i n e E i t h a n d M a t h e w R . D u r o s e , Contacts between Police1 New York Times , March 20, 2006. and the Public, 2008 (Washington, D.C.: Department of Justice, 8 3 . R o n g - G o n g L i n I I a n d J o e l R u b i n , “ L A P D C h i e f U r g e s 2011), NCJ#234599. 9 Appeal of $5.7 Million Jury Award to Paralyzed Felon,” Los 6 2 . W i l l i a m Y a r d l e y , “ D e b a t e S w i r l s A r o u n d Tw o M e n o n a 0 Angeles Times , September 22, 2012. Ferry,” New York Times , August 26, 2007. 9 8 4 . J o e l R u b i n , “ J u r y A w a r d s $ 3 . 2 M i l l i o n t o W o m a n S h o t b y 6 3 . J o n a t h a n S a l t z m a n , “ S e r g e a n t G e t s B a c k u p : C a m b r i d g e C h i e f LAPD,” Los Angeles Times , October 2, 2012. Defends Arrest but Promises a Review,” boston.com, July 24, 2009,T 8 5 . F r a n k M a i n , “ ‘A s t o n i s h i n g ’ D r o p i n L a w s u i t s A g a i n s t C i t y retrieved August 21, 2009, from www.boston.com/news/local/ Cops,” Chicago Sun-Times , November 10, 2010, www.suntimes.com . massachusetts/articles/2009/07/24/cambridge_police. S 8 6 . Canton v. Harris, 489 U.S. 378 (1989). 6 4 . J o y c e M c M a h o n , J o e l G o m e r , R o n a l d D a v is, and Amanda Kraus, How to Correctly Collect and Analyze Racial Profiling Data: 8 7 . K a p p e l e r , Critical Issues in Police Civil Liability .

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LEARNING OBJECTIVES

• Discuss the innovations to police detective operations motivated M by the Rand study and I other research. L • Identify alternatives to E retroactive investigation of past crimes by S detectives. , • Explain how crime analysis and information A P I m a g e s / J o s e p h K a c z m a r e k management benefits S law enforcement, H including examples of recent technology in this OUTLINEA area. N Retroactive Investigation of Past Multiagency Investigative Task • Describe some Crimes by DetectivesN Forces of the proactive Detective Operations Repeat Offender Programs (ROPs) tactics employed by O The Investigative Process Internet Registries investigators. Global Positioning System (GPS) What DetectivesN Do Technology, Smartphones, and The Detective Mystique • Define entrapment and Social Media give examples, including Alternatives to Retroactive1 Surveillance Cameras how the entrapment Investigation of Past Crimes by Cold-Case Squads defense is treated in Detectives 9 Proactive Tactics court. Improved Investigation0 of Past Decoy Operations Crimes Stakeout Operations Managing Criminal9 Investigations Sting Operations (MCI) T Cybercrime Investigations Mentoring and Training Undercover Operations Crime Analysis andS Information Police Undercover Investigations Management Federal Undercover Investigations Crime Analysis Drug Undercover Investigations Information Management Entrapment

62736_ch10_ptg01_hr_298-327.indd 298 9/4/14 7:24 PM CHAPTER 10 INVESTIGATIONS 299 INTRODUCTION address these concerns. The previous chapter discussed new ways of addressing the crime problem in After an unprecedented crime decrease in the 1990s, general, and this chapter will examine some of the new crime rates across the country remained relatively flat approaches in investigating crimes that have occurred from 2000 to 2004. Since 2005, the rates have fluctu- or are occurring. Traditional detective operations have ated, depending on the type of crime as well as size of been modified in response to academic studies that city. The Uniform Crime Reports (UCR) keep track of indicate new methods for investigating past crimes these figures nationally as well as regionally. To aver- and apprehending career criminals. Investigations age citizens, what matters most is what is happening of past crimes have improved as a result of changes in their community and whether they or their friends made in detective operations in response to research have been victimized. conducted by the Rand Corporation and other think Smaller cities often feel immune to big-city problems tanks, as well as the use of cold-case squads. Increased and perhaps never put programs into place to combat attention to career criminals has led to a proliferation the crime problem as the bigger cities have. The difficult of repeat offender programs (ROPs) throughout the challenges that police departments face includeM deter- United States. Furthermore, the use of multiagency mining why exactly their crime rates go up andI develop- investigative task forces has facilitated information ing ways to combat crime and keep their citizens safe. management and information sharing. Crime-rate increases in middle America attractL the atten- New tactics and operations have been developed tion of the community. If citizens do not feel safeE in their during the past two decades in an attempt to provide hometowns, they let their elected officials know and more effective crime investigation and to keep up with demand tactics and solutions. This issue hasS received the changing face of crime and criminals. This chapter and will continue to receive media attention. On, the pos- discusses both these innovations and the more tried- itive side, taxpayers may be more likely to fund initiatives and-true methods, including decoy operations, stake- that cities develop to address the crime problem. out operations, and sting operations. The major types Police departments throughout the nationS have of undercover operations also are covered. The chap- learned that they must be more specific andH focused in ter concludes with a discussion of the legal aspects of addressing crime and disorder problems. DepartmentsA entrapment and how it relates to undercover work and have created new policies, procedures, and units to other law enforcement tactics. N N O N complainants and witnesses again, respond to the Retroactive Investigation scene of the crime, and search for clues and leads that could solve the crime. of Past Crimes by 1 In 1975, the Rand Corporation think tank found Detectives 9 that much of a detective’s time was spent in non- productive work—93 percent was spent on activi- Before the Rand study The Criminal Investigation0 ties that did not lead directly to solving previously Process, it was common for police departments9 to reported crimes—and that investigative expertise have policies and procedures in place that empha- did little to solve cases. The Rand report said that sized the retroactive investigation of pastT crimes half of all detectives could be replaced without nega- by detectives. The investigation of almostS all tively influencing crime clearance rates: felonies and of some misdemeanors was the sole responsibility of the detective division of a police The single most important determinant of department.1 The patrol officer merely obtained whether or not a case will be solved is the infor- information for a complaint or incident report and mation the victim supplies to the immediately referred the case to the detectives for follow-up inves- responding patrol officer. If information that tigation. Theoretically, detectives would interview uniquely identifies the perpetrator is not present

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at the time the crime is reported, the perpetra- “play critical roles in routine case resolutions and in tor, by and large, will not be subsequently iden- post-arrest activities, and many of their duties require tified. Of those cases that are ultimately cleared highly specialized skills.” 5 It is generally believed that but in which the perpetrator is not identifiable the patrol officer–detective relationship and their roles at the time of the initial police incident report, in an investigation are complementary and symbiotic almost all are cleared as a result of routine police and make for successful investigative outcomes. This procedures. . . . chapter will explore some of the newer, more efficient Our data consistently reveal that an inves- techniques that departments have developed to investigator’s time is largely consumed in reviewing tigate past crimes. reports, documenting files, and attempting to locate and interview victims on cases that experience shows will not be solved. For cases that are solved (i.e., a suspect is identified), an investiga- Detective Operations tor spends more time in post-clearance process- Most of the activities of a police department involve ing than he does in identifying the perpetrator. 2 police patrol operations. As we saw in earlier chapters, however, the police engage in numerous other The effectiveness of detectives was also ques-M activities. Detective operations and investigations tioned by a Police Executive Research Forum I are an important part of police work. (PERF) study in 1981. Data from the study disclosed that if a crime is reported while it is in progress,L police have about a 33 percent chance of makingE an The Investigative Process arrest. However, the probability of arrest declines to The investigative process begins with the patrol offi- about 10 percent if the crime is reported one minuteS cer. The officer who responds to the scene performs later and to 5 percent if more than 15 minutes elapse , a crucial function that initiates the investigation. before the crime is reported. In addition, as time The officer will conduct a preliminary investigation, elapses between the crime and the arrest, the chances which the detective will use as the basis for follow-up of a conviction are reduced, probably because Sthe investigation. ability to recover evidence is lost. Once a crime has H The preliminary investigation includes many been completed and the investigation is put into the tasks that will be performed by the responding offi- hands of detectives, the chances of identifying andA cer or by others at the responding officer’s direction. arresting the perpetrator diminish rapidly.3 N These tasks will be accomplished as more resources Mark Willman and John Snortum duplicated arrive on the scene and as staffing allows and the the Rand and PERF findings in a study of detectiveN incident requires. A smaller agency may want to work in 1984. The researchers analyzed 5,336 cases O request assistance from neighboring jurisdictions. reported to a suburban police department and found The tasks in the preliminary investigation include: that most cases were solved when the perpetratorN was identified at the scene of the crime; scientific • Responding safely and looking for possible flee- 4 detective work was rarely necessary. 1 ing suspects Though the Rand finding regarding detectives’ • Assessing the situation and summoning assis- value in the investigative process was controversial,9 tance as needed and as available such as emer- and the investigative process itself has not changed0 gency medical assistance, K-9 units, crime scene much in the years since the study, most researchers feel personnel, supervisors, SWAT team, hostage the detectives’ role is an important one. The key vari-9 negotiator, press information officer, and offi- able among departments is whether they utilize Tthe cers from neighboring jurisdictions if needed more traditional model with patrol officers doing little • Locating key parties such as the victim, wit- investigative work or subscribe to the model advocatedS nesses, and any suspects, and making sure they by the Rand study where patrol officers take a great are controlled and separated deal of the workload off of the detectives. Several studies indicate that, as reported in the National Survey of • Identifying and securing the crime scene Police Practices Regarding the Criminal Investigations • D o c u m e n t i n g e v e r y t h i n g t h e o f f i c e r s o b s e r v e Process: Twenty-Five Years After Rand , detectives and do

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The documentation mentioned at the end of the victim, details of the crime, identifying information list consists of the officer’s field notes , which will regarding the perpetrators or suspects (or a descrip- serve as the basis for the incident report that the offi- tion of them), and identifying information regarding cer writes. The incident report is a crucial part of any property taken. the investigation and is the document the detective As the detective begins the investigation, he will use when starting the follow-up investigation. or she maintains a file on the case, using follow-up It will also be the department’s official memory, reports for each stage of the investigation. The inci- and anyone who needs access to the information can dent report and the follow-up reports are generally retrieve the file even when the reporting officer or placed in a case folder and serve as the official his- the detective is no longer available. tory of the crime and its investigation. This informa- The incident report must answer the questions tion or a report compiled from it is then used by the of who, what, where, when, how, and why regard- prosecutor to prosecute the case in court. The inci- ing the crime and must be written accurately and dent report and the follow-up reports also may be in a clear manner that will enable readers to know subpoenaed by a defendant’s defense attorney under exactly what happened and what has been done. It the legal process known as discovery, which allows a can ensure that others do not repeat tasksM that have defendant, before a trial, to have access to the infor- already been taken care of, thus minimizing duplica- mation the police and prosecutor will use at the trial. tion of effort by investigators. When examiningI the Detective units may be organized on a decen- facts of the case and what information isL available, tralized or centralized basis. In a decentralized sys- either the responding officer or a detective will fol- tem, each precinct in a city has its own local detective low up on the case. In a small department,E an inves- squad, which investigates all crimes occurring in the tigator or investigative team from anotherS agency precinct. Detectives or investigators in a decentral- may conduct the follow-up investigation. ized squad are considered generalists. , In a centralized system, in contrast, all detectives operate out of one central office or headquar- What Detectives Do ters and each is responsible for particular types of S crime in the entire city. These detectives are consid- The detective division of a police department is H ered specialists. Some departments separate central- charged with solving, or clearing, reported crimes. ized or specialty squads into crimes against persons In traditional detective operations, detectivesA con- squads and crimes against property squads. Some duct a follow-up investigation of a past crime after N departments operate specialized squads or units a member of the patrol force takes the initial report for most serious crimes; for example, they may have of the crime and conducts some sort of preliminaryN separate squads for homicide, sex crimes, robbery, investigation. O burglary, forgery, auto theft, bias crimes (that is, According to police tradition, a detective or crimes that are motivated by bigotry or hatred of a investigator reinterviews the victim of the Ncrime and person’s race, ethnic origin, gender, or sexual orien- any witnesses, collects evidence, and processes or tation), and, most recently, computer crimes. oversees the processing of the crime scene (searches Some cities use both decentralized and central- the scene of a crime for physical evidence,1 collects ized investigatory units. The decentralized squads the evidence, and forwards it to the police labora- 9 operate out of local precincts and refer some of their tory for analysis). The detective or investigator also cases to the specialized centralized squads, such as conducts canvasses (searches areas for witnesses),0 sex crimes, homicide, or arson squads. The decen- interrogates possible suspects, arrests the alleged 9 tralized squads then investigate less serious cases perpetrator, and prepares the case, with the assis- themselves. In smaller departments, detectives tend tance of the district attorney’s or prosecutor’sT office, for presentation in court. S As mentioned earlier, the detective generally field notes The brief written record made by an officer from begins an investigation upon receipt of an incident the time of arrival on a scene until completion of the assignment. report prepared by the officer who conducted the incident report The first written investigative report of a initial interview with the victim. The incident report crime, usually compiled by the officer conducting the preliminary contains identifying information regarding the investigation.

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to be generalists. There may be one detective with officer attained through a promotional examination expertise and special training in sex crimes, juve- process, but that has changed during the last couple nile crimes, cybercrimes, and homicide crimes. Or of decades. In larger, big-city departments, it is still one or two detectives may receive all of this training a promotion with higher pay. In most small and and conduct all major investigations in their juris- mid-sized departments, a detective is a plainclothes diction. In some cities, the police department may police officer with the same rank as a police officer, call for assistance from county or state law enforce- but having attained an assignment in the detective ment when confronted with a homicide or rash of bureau or division through a competitive process. sex crimes. It really does not matter which approach These detectives may be paid more in the form of the jurisdiction uses as long as the individuals who assignment pay or clothing allowance required by investigate the major crimes have the latest training their union or collective bargaining contract. available and have current information about the The important distinction between the detec- legal issues. tive as a plainclothes police officer versus the For instance, there are very specific guidelines detective as a person with promotional rank is that regarding juvenile investigations. When juveniles when the position is not a rank, it is a temporary are victims of a crime—whether it is neglect, abuse,M assignment. If it does not work out or the depart- an Internet crime, or a sex crime—it is beneficial to ment needs to downsize the detective division, the have an investigator specially trained in interview-I officer can be transferred back to the road without ing children to be able to elicit the needed informa-L being demoted or violating the contract. Often, offi- tion. In addition, special rules exist regarding the cers are chosen for transfer to the detective bureau detention and questioning of juveniles arrested forE a based on their performance as patrol officers; but crime; investigators need to be aware of these specialS there is no guarantee that the individuals chosen will rules or they can jeopardize the investigation and be the same high performers as detectives, and most subsequent prosecution. Although the procedures, departments prefer the flexibility of being able to may vary from state to state, some of the issues in assign those who do not perform as well in the detec- juvenile law of which investigators must be aware tive position back to the road. include photographing and fingerprinting, storageS Conversely, the officer may not be satisfied with and confidentiality of a juvenile’s records, rightH to the position. Though the jobs of patrol officer and counsel or parents being present during question-A detective are very similar, some different skill sets ing, and separation of juveniles and adults while the are needed, and the work conditions vary enough juvenile is in custody. N that the fit may not be right for some people. An The investigator and prosecutor have the sameN officer may love the job of patrol officer and enjoy ultimate goal in mind—a conviction brought about conducting the occasional investigation and the pre- by a good, solid case. Strong trusting relationshipsO liminary investigations that come his or her way, but between the detectives and the prosecutors enhanceN not like doing it every day. Sometimes patrol officers case preparation. Having someone to call when an do not realize exactly what the detective job involves unusual legal question arises can provide detec- before they actually do it. They may miss the day- tives guidance on their actions early in the case.1 to-day contact with citizens and being able to help Therefore, it is helpful when detectives work closely them in small ways. They may miss the excitement with the prosecutor’s office as early in the investiga-9 of responding at the time of the crime. Most notice- tion as possible. This reciprocal arrangement can0 ably, new detectives may tire of the constant stress of also assure prosecutors that there is an investigator conducting investigations and never feeling as if they who will help them out quickly should a fact-finding9 have finished their job. As a road officer, most offi- issue arise during trial preparation. T cers start their shift with a clean slate; whereas at the S start of each tour, detectives find themselves facing the cases and work that they left the day before. They The Detective Mystique tend to take their cases home with them and think Detectives work out of uniform, perform no patrol about them at night and sometimes even dream duties, and are sometimes paid at a higher rate than about them. This does not create a problem for many regular uniformed officers. In the past, the assign- detectives who learn to cope in their own ways, but it ment to detective duties was a promotion that an makes some prefer to go back to the patrol division.

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When the patrol and detective positions are the Herman Goldstein, it is arguable as to whether any same rank, moving someone back to patrol can be special skills are required to be a detective.7 done with minimal embarrassment and impact on Because of the Rand study and other stud- the person’s career and financial status. Why would ies, police administrators can now make some gen- there be embarrassment? Even in police departments, eralizations about detective operations. First, the not to mention in the general community, detectives single most important determinant of whether or generally enjoy much greater status and prestige than not a crime is solved is not the quality of the work patrol officers do. Detectives have historically been performed by the detectives but the information seen as the heroes of police work in novels, on televi- the responding officers obtain from the victim and sion, and in the movies—consider Sherlock Holmes, witnesses at the scene. 8 Next, traditional detective Cagney and Lacey, Andy Sipowicz, Crockett and work has not proved very effective in solving crimes. Tubbs, Dirty Harry Callahan, Olivia Benson, Steve Nationally, police are only able to clear (solve) McGarrett, Kono, and other fictional detectives. Are 46.8 percent of all violent crimes (murder, forcible real-life detectives as heroic, smart, individualistic, rape, robbery, aggravated assault) and 19 percent of tough, hardworking, and mysterious as their fic- property crimes (burglary, theft, and motor vehicle tional counterparts? Or is there a mystiqueM attached theft) reported to them. These figures are rela- to the detective position? tively consistent from year to year. The difference T h e detective mystique is the idea thatI detec- between the clearance rates for violent versus prop- tive work is as glamorous, exciting, and dangerousL erty crimes is because of the vigorous investigation as it is depicted in the movies and on television. In put forth in the more serious cases and because the reality, however, detectives spend most ofE their time violent crimes often have a victim or witness avail- filling out reports and reinterviewing victimsS on the able to assist police with information.9 Furthermore, telephone. Commenting on the detective mystique, because not all cases are reported to the police, the Herman Goldstein wrote: , clearance rate is actually even lower; police cannot clear crimes not reported to them. Finally, patrol Part of the mystique of detective operations is officers, not detectives, are responsible for the vast the impression that a detective has difficult-to- S majority of all arrests, which they generally make at come-by qualifications and skills, that inves- H the scene of the crime. tigating crime is a real science, that a detective does much more important work thanA other police officers, that all detective work Nis exciting and that a good detective can solve any crime. . . . Alternatives to [In] the context of the totality of policeN operations, the cases detectives solve accountO for a Retroactive Investigation much smaller part of police business than is commonly realized. This is so becauseN in case of Past Crimes by after case, there is literally nothing to go on: no physical evidence, no description of the offender, Detectives no witness and often no cooperation, 1even from Current popular alternatives to retroactive inves- the victim. 6 9 tigation of past crimes by detectives are improved Before the Rand study The Criminal Investigation0 investigation of past crimes and repeat offender pro- Process, the detective mystique was considered an grams. These innovative techniques are designed to accurate representation of reality. It was9 believed concentrate investigative resources on crimes that that each crime was completely investigated,T that have a high chance of being solved. Managing investigations effectively and maximizing the use of tech- all leads and tips were followed to their logicalS con- clusion, and that each case was successfully solved. nology and science is especially important in these This is not true, as we will see when we discuss the days of budget cuts and personnel reductions. Rand study. The reality of detective work usually has little in common with its media representations. detective mystique The idea that detective work is glamorous, Much of what detectives do consists of routine and exciting, and dangerous, as it is depicted in the movies and on simple chores and is somewhat boring; according to television.

62736_ch10_ptg01_hr_298-327.indd 303 9/4/14 7:24 PM 304 PART 3 POLICE OPERATIONS Improved Investigation The other major innovation under MCI involves the use of a managerial system that grades of Past Crimes cases according to their solvability; detectives then The National Advisory Commission on Criminal work only on cases that have a chance of being Justice Standards and Goals has recommended the solved. Though it can vary by department, the road increased use of patrol officers in the criminal inves- supervisor often makes the decision about whether tigation process. The commission recommended the case will be followed up by the road officer or a that every police agency direct patrol officers to detective or whether the case will be “inactivated” conduct thorough preliminary investigations and based on these solvability factors. Some solvability that agencies establish written priorities to ensure factors include the following: that investigative efforts are spent in a manner that best achieves organizational goals. The commission 1 . Is there a witness? further recommended that investigative specialists 2 . Is a suspect named or known? (detectives) only be assigned to very serious or com- 3 . Can a suspect be identified? 1 0 plex preliminary investigations. 4 . Will the complainant cooperate in the investi- M gation? Managing Criminal I Each solvability factor is given a numerical weight. In Investigations (MCI) L the next process, case screening, the total weight of all solvability factors—the total score—determines As a consequence of the Rand study and other stud- E whether or not the case will be investigated. 1 4 ies, the Law Enforcement Assistance Administration The MCI method of managing investigations (LEAA) funded research that led to the publicationS is designed to put most of an investigator’s time and and wide dissemination of a new proposal regard- , effort into only very important cases and into cases ing methods that should be used to investigate that actually can be solved. Research conducted by past crimes. 1 1 This proposal, Managing Criminal numerous police departments has demonstrated that Investigations (MCI) , offers a series of guidelines S scoring systems using checklists and point scores that recommend (1) expanding the role of patrol H successfully screen out cases with a low probability officers to include investigative responsibilities of being solved and identify promising cases. 1 5 and (2) designing a new method to manage crimi-A Over the years, departments using the MCI nal investigations by including solvability factors , N approach have redesigned their crime reports case screening, case enhancement, and police and to highlight these solvability factors. An educa- prosecutor coordination.1 2 Under an MCI program,N tion component aids the success of the program. the responding patrol officer is responsible for a O Detectives and patrol officers must be educated great deal of the follow-up activity that used to be about the philosophy and the goals of the program as assigned to detectives. These duties include locatingN well as the techniques to employ. It can be a difficult and interviewing the victim and witnesses, detecting hurdle to overcome generations of the expectation of physical evidence, and preparing an initial investiga- detectives “solving” all crimes. Citizens also must tive report that will serve as a guide for investigators.1 be informed by the responding officer about what to This report must contain proper documentation to 9 expect to happen to their case. Because most cases indicate whether the case should be assigned for con- (especially property crimes) have little or no signifi- tinued investigation or immediately suspended 0for cant evidence, the percentage screened out for no lack of evidence. 1 3 9 follow-up is considerable.1 6 T Sometimes the solvability factors may be disre- garded and—because of officers’ concern, for politi- Managing Criminal Investigations (MCI) Proposal Srec- cal reasons, or due to concern about public safety—a ommended by the Rand study (research funded by the LEAA) regarding a more effective way of investigating crimes, including case will be investigated that does not meet the allowing patrol officers to follow up cases and using solvability numerical criteria. Some cases are so important or factors in determining which cases to follow up. serious that they demand a follow-up regardless of solvability factors Factors considered in determining whether their potential solvability based on the solvability or not a case should be assigned for follow-up investigation. factors. Nevertheless, the MCI approach has given

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investigators more manageable caseloads and an should they become detectives, and allows them to opportunity to be more organized and methodical “try out” the role of investigator to see if they would in their efforts. Investigators are more efficient when like it. Overall, mentoring improves the quality they are working 15 to 20 cases a month with stra- of investigations throughout the department and tegic investigative activities than when they are car- improves the skills of all personnel involved.1 7 It also rying 40 to 50 cases a month, many of which are not helps to keep the knowledge pool current to prepare solvable and for which detectives can do little more for the inevitable job turnover. When police detec- than keep reviewing them and hoping evidence will tives retire, they take a wealth of information with appear. them. A good mentoring program allows that infor- Even with all the changes recommended by the mation to be shared with others. 1 8 Rand and other studies, and even though police departments have implemented many changes in the investigatory process, the police are still not very successful in clearing crimes reported to them. Crime Analysis and The improved methods of investigation, however, Information Management have resulted in less waste and more efficiencyM in police detective operations and have allowed Crime Analysis departments to use personnel in more Iproactive policing. Crime analysis is the process of analyzing the L data collected in a police organization to deter- E mine exactly what the crime problem is and where, Mentoring and Training S when, and possibly even why it is happening. Training for investigators or detectives has long Crime analysis has grown tremendously in the last been viewed as a way to improve their productivity., two decades and goes hand in hand with commu- Specialized investigations require specialized train- nity-oriented policing and problem-oriented policing, and these include investigations in the areas ing. Analysis allows the smarter use of information of homicide, sex crimes, juvenile crime Sand juve- and, consequently, the smarter use of personnel nile offenders, cybercrime, white-collar crime,H and and resources to address the true crime problem. Law enforcement leaders have coined the phrase even auto theft. Detectives or investigatorsA are usually sent to specialized schools as soon as practical intelligence-led policing to describe this strat- after, or perhaps even before, they are appointedN as egy of using data analysis and other intelligence to focus police efforts on incidents and offenders investigators. N I n f o r m a l mentoring programs have been used causing the most harm to the community. The for years, as experienced detectives have taughtO new importance of gathering, analyzing, and sharing detectives what they know. Often detectivesN see this information will become evident throughout potential in a patrol officer, and then mentor or work the rest of this section. with that officer, even while he or she is still a patrol Many departments employ full-time civilian officer. These patrol officers may come1 in when crime analysts, but others have their investigators they are not on shift to work a case with detectives, do the crime analysis as part of their investigative or manage to talk their road supervisors9 into free- responsibility. The goal of crime analysis is to deter- 1 9 ing them to work with detectives on an investigation,0 mine crime patterns and problems. It begins with thereby gaining experience. Some departments also have implemented9 formal mentoring programs. Typically, a mentorT is a role model, teacher, motivator, coach, or advisor mentoring Filling a role as teacher, model, motivator, coach, or who invests time in facilitating anotherS person’s advisor in someone else’s professional growth. professional job growth. A mentor program allows crime analysis The use of analytical methods to obtain pertinent information on crime patterns and trends that can then be a nonivestigator to be paired with an experienced disseminated to officers on the street. investigator to become familiar with the investiga- intelligence-led policing Using data analysis and other intelli- tive process. It strengthens noninvestigators’ pre- gence to focus police efforts on incidents and offenders causing liminary investigation skills, eases the transition the most harm to the community.

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collating the information that comes into the police complainants, victims, witnesses, the suspect, or department. This includes information from dis- all the various files of data that are kept, it can all patch, police reports, and intelligence information, enhance and strengthen the investigation. as well as information gathered from parking cita- In this computer age, we have a lot of informations, traffic citations, and field interviews. Crime tion at our fingertips. Sometimes, it may seem that analysis allows police to make links between inci- there is too much information, and we may experi- dents that have occurred and people and vehicles ence information overload. Although this increased passing through town. This is especially critical for information generally helps with solving crimes, it bigger departments where various shifts and beats also can require many hours of work to go through may not know what the others are doing. and discern which data are valuable and pertinent to Historically, before computers and formal a case. The computer age has allowed law enforce- crime analysis, officers often did this function on ment agencies to share information with each other, their own. They knew who on their beats did bur- which has enhanced investigations and assisted with glaries, what their modus operandi (MO, or mode of detecting patterns and similar MOs. operation) was, and whether they were in or out of Detectives can obtain information from a num- jail. As crime increased and cities and towns grew,M ber of sources and share it in several ways. The it became more difficult for officers to do this on Internet provides an opportunity for police person- their own. With the advent of computers, it becameI nel to research topics and to share knowledge with possible to formally perform this function to allowL other officers through internal e-mail lists, expert better deployment of police resources. With inci- directories, professional organizations, and outside dent reports and citations formatted to collect Ethe e-mail lists that pertain to certain areas of interest. relevant data, data can be retrieved to look for trendsS Journals, trade magazines, and newspaper articles or patterns. For instance, when burglaries increase, that are available online can provide a wealth of analysts can look at the reports and query via ,the information regarding what strategies are being computer to see where in town they are occurring, used in other departments and also alert investiga- what time they are occurring, what is being taken, tors to crime trends in neighboring communities, and how the burglars are gaining entry. AnalystsS something that traditionally has been done and con- also may be able to come up with possible suspectsH tinues to be done in person as well.2 0 Investigators based on past burglaries or vehicle descriptions, andA hold monthly meetings with investigators from they can generate reports detailing this information other agencies who work similar types of crime (such and telling patrol officers what to look for. N as sex crimes, auto thefts, and so forth) and compare This crime analysis information helps Nthe and share information. Information acquired on the agency, and the beat officer in particular, know how Internet and through e-mail, however, is often more to direct their efforts in directed patrol activitiesO on current than that obtained through a meeting. As particular shifts. It also helps shift supervisors knowN an example, in an effort to get important informa- how to allocate their personnel and helps the appro- tion to the public in a timely manner, Facebook has priate division determine the best strategy to address teamed with police agencies to create AMBER Alert a particular crime pattern, such as decoys, stings,1 pages; users can opt to receive notifications when an or public notification and education. This means AMBER Alert has been posted in their area.2 1 “working smarter” with the resources at hand.9 Do these methods of sharing information over Ultimately, the information can be used for budget-0 the computer help law enforcement be more effi- ary purposes to request more personnel or equip- cient? In a recent study, the officers using an auto- ment as the particular crime patterns and trends9 mated information system in the San Diego area may dictate and, in these days of budget cutting, canT strongly believed that this information sharing made enhance the agency’s ability to do more with less.S them more productive. They participated in a Web- based network of criminal justice agencies called the Automated Regional Justice Information System Information Management (ARJIS) that allowed them to gather information The key to police work, and investigations in par- for tactical analysis and investigations. The system ticular, is information. Obtaining good informa- could be requested to notify them when information is critical. Whether information comes from tion they needed about a person, vehicle, or location

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became available from another agency or officer. overall understanding of crime patterns and con- Though officers felt the information system made nections can be achieved, giving investigators better them more productive, when compared with the ammunition in combating the crime problem. The control group in an area of the country without an Dallas databases at the Metro Operations Support automated regional system, the data did not indicate and Analytical Intelligence Center (MOSAIC), this. The investigators with the automated regional which began operations in January 2007, collect tips system had lower clearance rates and arrest rates and trends from all over and make them available than the control group without the system; however, to investigators and officers in the field. The cen- the control group was using CompStat as part of its ter also works closely with federal, state, and other management system, which might have accounted local departments as well as private and corporate for the higher clearance and arrest rate. 2 2 security. The information in the databases, coupled The ARJIS has a presence online where San with that from mundane databases such as water Diego law enforcement agencies can connect for records and traffic tickets, allows a full view of avail- information, and citizens are encouraged to interact able information. This facilitates law enforcement’s with law enforcement via crime mapping and crime ability to effectively direct their efforts to the most alerts. The goal of the program is to partnerM with serious crime problems. 2 6 This fusion center (see the community, using technology to anticipate pub- Chapter 12) seeks to provide timely intelligence to lic safety issues and working together to solveI these officers in the field and to share information inter- problems. 2 3 L nally and through networking. 2 7 Whereas crime analysis addresses routine crime, New technologies have improved information intelligence analysis tends to emphasize Eorganized management. It is hoped that by being better able crimes (usually involving narcotics, humanS smug- to record, analyze, share, and disseminate informa- gling, gambling, and terrorism). Like the information to the parties who need it, more crimes can be tion used for crime analysis, the intelligence, can be solved, more offenders jailed, and more incidents obtained from many sources, evaluated for reliability prevented. and validity, and used in a proactive manner.2 4 Police in Kansas City, Missouri, created a task forceS to see if there were any common threads among theH increased Multiagency Investigative number of murders that occurred in 2005. AThey ana- Task Forces lyzed all the data available on the 127 murders and In recent years, the use of multiagency investigative found that 85 percent of the victims had Nsome type task forces has increased. With the realization that of criminal record and that the use of guns in homi- N criminals know no boundaries, and often intention- cides was up (105 of the homicides were shootings). ally cross jurisdictional lines to commit crimes, the In response to this information, the agencyO doubled importance of sharing information and working the number of detectives assigned to investigate N together has been increasingly recognized. Palm assaults, with the goal of stopping the assaults before Beach County, Florida, instituted the 13-member they became homicides; in 2006, the murder rate was Palm Beach County Violent Crime Task Force, down 28 percent for the first half of the year.2 5 1 which consists of 7 full-time and 6 part-time detec- In Dallas, the police department used a tives from various agencies in the county as well as $1.5 million Homeland Security grant to9 purchase the sheriff’s office and the school district police (pub- software and equipment to link 28 databases within 0 lic schools are organized in a countywide school dis- the police department and city to facilitate “intel- trict that has its own police department). A full-time ligence-led policing,” which is being implemented9 prosecutor is assigned to the task force, and inves- in cities around the country. In the past, units such T tigators from the FBI, the U.S. Marshals Service, as narcotics, homicide, and sex crimes had their S the federal Bureau of Alcohol, Tobacco, Firearms own databases and only individuals with a “need to and Explosives, and the Florida Department of Law know” had access to those files. In following successes from around the country, the Dallas police recognized that criminals do not confine themselves investigative task forces A group of investigators working to one type of crime. By making all the informa- together to investigate one or more crimes. These investigators tion available to all types of investigators, a better are often from different law enforcement agencies.

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Enforcement are available to assist. Local agencies The U.S. Attorney’s Office for the Western call on the unit when they have difficulty solving District of Washington convened the Washington a homicide, drive-by shooting, violent home inva- Advisory Committee on Trafficking (WashACT) in sion, or armed robbery that appears to involve gangs 2004. Together with the Seattle Police Department or career criminals. The unit consists primarily of and the Washington Anti-Trafficking Response veteran violent-crime and gang detectives who are Network (WARN), they work with a myriad of actively involved in each other’s cases. With the local, state, and federal agencies as well as nongov- free flow of information about these individuals and ernmental organizations to combat human traffick- gangs, detectives are often able to make connec- ing. This collaboration has served over 200 victims tions they were unable to make before this unit was with the prosecution of more than 40 cases at the instituted. Detectives gather information from their federal level as well as additional cases at the local informants and use it to solve these cases, regardless level, an accomplishment that would never have of jurisdiction. It has also proved beneficial to have been possible to individual agencies acting alone. a prosecutor involved from the beginning, helping WashACT serves as a model nationwide in conduct- investigators build stronger cases to get and keep ing training in the area of human trafficking, col- these offenders off the street.2 8 M laborating on investigations, and providing services Multiagency investigative task forces have led to the victims and survivors of human trafficking. 3 1 the way in the investigation of human trafficking.I In One of the largest multiagency task forces involved 2000, the U.S. Trafficking Victims Protection ActL the Washington, D.C., area sniper investigation in made human trafficking a crime and created protec- 2002. As mentioned in Chapter 1, this manhunt and tions and services for victims of trafficking. A hotlineE investigation, which led to the capture of two indi- at the National Human Trafficking Resource CenterS viduals, involved more than 20 local, 2 state, and (NHTRC) received more than 9,000 cases of human at least 10 federal law enforcement agencies. This trafficking between 2007 and 2012.2 9 These traffick-, investigation spanned 23 days in October 2002 while ing victims include citizens and noncitizens, adults the Virginia, Maryland, and D.C. areas were terror- and juveniles, and men and women who are exploited ized by snipers with high-powered rifles shooting in domestic servitude, construc- S tion work, restaurant work, agri- H culture, small businesses, and A commercial sex. Though trafficking is a relatively hidden crime, N these victims and offenders are in N all areas of the country—in cities, suburbs, and rural areas. O In 2010, an effort by the U.S. N Department of Homeland Security to combat human trafficking was developed to bring together law 1 enforcement agencies at all levels to conduct effective investigations, 9 train local law enforcement, and 0 bring these crimes out in the open. This effort was named the Blue 9 Campaign, and it strives to pro- T tect the basic right of freedom for S all and bring offenders to justice. The Federal Law Enforcement Training Centers (FLETC) are an A P I m a g e s / A l e x B r a n d o n Multiagency task forces facilitate sharing information and integral part of this multiagency coordinating efforts to solve crimes quickly and ensure the effort to train officers in awareness safety of the community. and investigation of this crime.3 0

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at people indiscriminately. John Allen Muhammad themselves and possibly contribute to the investiga- and Lee Boyd Malvo were arrested at a rest area tion, yet not spark panic and mass hysteria. Overall, in Myersville, Maryland, but not before shooting during the sniper investigation, it seemed that orga- 14 people, 10 of whom died. In 2004, Muhammad nizational barriers and power and control issues that was sentenced to death (and executed in November ordinarily might have arisen were overridden by the 2009) and Malvo (a teenager) was sentenced to life seriousness of the crimes and everyone’s desire to do in prison.3 2 whatever it took to solve the crime, arrest the offend- The Police Executive Research Forum (PERF) ers, and make the public safe. 3 5 issued a report entitled Managing a Multijurisdictional This sniper incident and response, as well as the Case: Identifying Lessons Learned from the Sniper PERF report, can serve as important guides to agen- Investigation , which identified the challenges faced cies in developing a plan for any similar situation by law enforcement personnel in this particular inci- that might arise. In today’s extremely mobile society, dent, including conducting criminal investigations with copycat crimes common as well as individuals simultaneously on each incident, trying to prevent wanting their 15 minutes of fame, a well-thought- more from occurring, and responding to the scenes out plan for law enforcement can greatly enhance the as new ones occurred. 3 3 The report identifiedM infor- likelihood of a quick resolution to a serious incident. mation management and teamwork or relationships as being the most critical issues in a majorI investigation such as this. The difference betweenL a quick Repeat Offender Programs (ROPs) apprehension and a prolonged frustrating effort, American criminologist Marvin Wolfgang discov- said the report, lay in the development of anE effective ered that only a few criminals are responsible for information management system. 3 4 ThisS included most of the predatory street crime in the United communication between leaders of the agencies, States. Most Americans do not commit street rob- communicating with the rank and file, and, commu- beries; only a relatively small group of people does, nicating with the public. These efforts were prob- but they commit a tremendous amount of crime each ably enhanced in this particular area of the country year. Borrowing from Wolfgang’s research, police because the federal agencies work withS state and started to address their investigative resources to the local law enforcement more than they mightH in other career criminal using repeat offender programs regions. A (ROPs) . These programs can be conducted in two The PERF report also recommended that agen- major ways. cies have a plan for investigating incidentsN such as First, police can identify certain people as the the sniper case. Although the same planN may not target of investigation. Once a career criminal is exactly apply to each situation, it can be tweaked and identified, the police can use surveillance tech- put into place. One of the crucial aspects isO defining niques, follow the criminal, and wait to either catch roles and responsibilities. The agencies involvedN in the person in the act of committing a crime or catch the sniper case did an exemplary job considering the him or her immediately after a crime occurs. These unprecedented nature of the incident, though there target offender programs are labor intensive. is always room for improvement. 1 The second way police can operate the ROP Crucial to an investigation like the sniper is through case enhancement. Specialized career case is providing a daily briefing to staff9 to curtail criminal detectives can be notified of the arrest of rumors and sharing regular and honest communi-0 a robbery suspect by other officers and then deter- cation among the leaders of the agency. This was mine from the suspect’s conviction or arrest rate accomplished in the sniper case via a daily9 or more whether or not the arrest merits enhancement. If the frequent conference call with the leaders ofT the orga- case is enhanced, an experienced detective assists nizations and daily briefings within theirS organiza- the arresting officer in preparing the case for pre- tions. An automated and efficient way of receiving sentation in court and debriefs the suspect to obtain tips (they received almost 10,000 tips a day) is critical further information. A major tactic behind case to minimize duplication of effort and to make sure a crucial lead is not lost. There also have to be regu- repeat offender programs (ROPs) Enforcement efforts lar conversations regarding what information will directed at known repeat offenders through surveillance or case be released to the public to allow citizens to protect enhancement.

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GUEST LECTURE

MICHAEL K. KEHOE THE SANDY HOOK ELEMENTARY SCHOOL Michael K. Kehoe is the chief SHOOTING INVESTIGATION AND RESPONSE of the Newtown, Connecticut, Police Department, which has ewtown, safest way possible for all concerned. Initial calls indicated that 45 sworn officers and 15 civilian staff. Chief Kehoe has over N Connecticut, is a possibly two shooters were present, but later it was determined 36 years of law enforcement town of 60 square miles to be a lone shooter. service with the Newtown Police located just 90 miles Our protocol for any active shooter mandates a rapid Department and has received his from the city of New coordinated response of all available law enforcement officers. MBA from Renselear Polytechnic Institute and BA from Western York. Newtown is a The next protocol mandates an immediate confrontation of Connecticut State University. He typical small suburban the threat. The approach and tactics that responding officers is currently an adjunct professor New England town with use is based upon information already received as well as the at Post University in Waterbury, a population of 28,000 observations the officers make as they are arriving. History has Connecticut. M located between urban taught us that the “typical” active shooter only stops when Connecticut centers. OnI confronted; as a result, the quicker the confrontation by police, December 14, 2012, at approximately 9:34 a.m., I was involvedL the better, but tactics play a unique role in any meaningful and in an event I never thought I would encounter. I was walkingE rapid confrontation. to my office when I was notified that emergency communica- In this case, my officers began arriving at the scene in less tions personnel were sending my officers to an elementary S than three minutes and made entry into the school as soon school shooting. We’ve trained for mass shooting incidents ,for as practicable. Officers were on scene less than one minute years now, but I never really thought we’d have one. We had before the shooter committed suicide. Unfortunately, this was all heard of Columbine, Virginia Tech, and many others, but our not enough time to assess the situation, confront the exterior belief was not in our town and certainly not at an elementaryS threats, tactically enter the locked building, and engage the school. H shooter. The first arriving officers did what they could with the As we would later learn, a lone male gunman, aged 20 and little information they did receive. equipped with four different weapons, forcibly shot his way A Policing today mandates all law enforcement be trained in into a neighborhood elementary school and murdered 20 first-N similar fashions to mitigate the loss of life and to enhance the grade children and 6 adults. Prior to murdering 26 people at coordinated response. Luckily, we had trained similarly with the school, the young adult murdered his mother at their homeN our neighboring agencies and were all on the same page as to in the Sandy Hook district of Newtown. This incident was theO how to handle these types of calls. Tactics training after the second deadliest mass shooting by a single person in AmericanN Columbine massacre had been given to all law enforcement history, surpassed only by the 2007 Virginia Tech massacre. in the state, making our initial response organized. Training In this case, as with many mass casualty violence events, the with all types of first responders is important and a must, perpetrator committed suicide just before we got there or as1 as recent history indicates a trend of more frequent active we were arriving. shooter events with mass casualties. In these types of events, Initially, we weren’t sure what was going on because so9 law enforcement takes the lead response, which is critical many calls were coming in at once. We had units heading 0 to all responders. Other mass casualties, such as terrorism, toward the school and officers from all over were volunteer-9 plane crashes, and environmental catastrophes, frequently ing to render mutual aid, but we weren’t even sure what we dictate fire service taking the lead with assistance from law were dealing with. This incident, like so many calls for serviceT enforcement. whether routine or not, unfolded with much conflicting infor-S The shooting at Sandy Hook Elementary School touched mation being relayed to responding officers and not enough off an initial massive response with all available law enforce- accurate and timely information being relayed. We needed ment in the region descending upon the tiny community of accurate information in order to handle the situation in the Newtown. Through social media, parents learned of a potential

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threat and shooting at the school and began arriving at the Our work continued long after the immediate danger and school, creating additional chaos and alarm. The media also critical response had passed. Other investigations of various descended quickly and in great numbers. All media groups and types were spun out of the initial massacre. Threats to harm personnel were initially directed to a nearby park for briefings. hospitals, churches, schools, and families began to filter in. The media was advised early to muster at the park for brief- Financial frauds and use of the incident to bogusly acquire ings, and this freed up valuable real estate and personnel for money quickly emerged. Many of these investigations were additional responding units and agencies. handled by federal law enforcement. Under the direction of the Arriving officers successfully identified and created a U.S. Attorney, the FBI, the U.S. Marshall’s Service, the ATF, and hot zone and a warm zone and also established a reunifica- other federal partners worked closely with all state and local tion area. Due to our previous training for these situations, law enforcement to ensure the unity and thoroughness of the officers knew to form contact teams, rescue teams, clearing investigations and. teams, and evacuation teams. Over 450 students Mand over 50 There were many challenges in the days following the adults were evacuated in an orderly fashion and successfully incident. Visits by the president of the United States and other reunited with families. We had established a heavilyI guarded elected or appointed officials became a frequent occurrence perimeter to ensure this could be safely accomplishedL before requiring an extraordinary law enforcement presence. In addi- we moved any children and adults to the reunificationE zone, tion to the personnel required to conduct a massive homicide since at that time we were concerned there could be a sec- scene along with the security needed to prevent unwanted ondary shooter. S persons entering on or near the school, extra law enforce- It was important to have a unified command as, many ment personnel were needed to guard victims’ family homes, federal, state, and local government entities needed to success- churches, vigils, schools (private and public), and municipal fully and cooperatively handle the incident and its aftermath. buildings. Law enforcement was needed to maintain traffic We had to set up a command structure as soon as possibleS that safety and control throughout the town. would be appropriate for the varied demands placedH upon first A nice gesture but yet a huge challenge we had not responders and ensure that we all knew who was in charge and anticipated was the outpouring of gifts and donations to the how to negotiate follow-through. A victims, survivors, and community. How would we handle that? The investigation of the homicides at Sandy HookN How would we make sure the donations were distributed fairly Elementary School and the shooter’s residence were handled and to the right people, and who would handle that? Where by the Connecticut State Police Department with theN help would we store all these items until we could deal with it? of the Newtown Police Department. A small agencyO like the The community was quickly overwhelmed by the generosity of Newtown Police Department is under-equipped toN investigate gifts, mail, and well-wishers from all over the country. In addi- a homicide and often contacts the state police for a variety tion, mental health care givers and advisors descended upon of forensic and specialized services. The partnerships and Newtown to deliver and provide necessary services to the com- relationships built before the tragic shooting at Sandy1 Hook munity, officials, and responders. All of these created added made the combined initial investigation of the murders run responsibilities for law enforcement and community leaders, smoothly. The homicide investigations were supported9 by necessitating an unprecedented statewide mutual aid response. various state and federal entities. Thankfully, we had0 worked All sorts of roadside memorials were set up all over town. on developing and strengthening our working relationships9 What should we do with them? This was a question asked very with our neighboring agencies for years. Smaller agencies early on. We needed to get traffic moving freely throughout tend to rely on these relationships more than biggerT urban town again and restore commercial and retail store activity, for departments, but in our state, most agencies wouldS have they were hurt by the extraordinary amount of traffic. At the needed to rely on mutual aid for an event of this magnitude. same time, we had to be sensitive to the needs of the families Our teamwork in this situation was crucial to the success of and the community. Shielding and protecting the victims’ this investigation. families became a full-time law enforcement effort. All funerals,

(continued)

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GUEST LECTURE (continued)

wakes, and interments required a unique and active police of these helpers? How would we protect the victims’ families presence to protect, shield, and deliver families to their respec- from the media and outside pressures? tive venues. Traffic control and traffic management became a There were many lessons learned from this event that could priority for law enforcement for several weeks after the initial impact law enforcement’s ability to render capable services to event. The average daily staffing levels for all law enforce- any community. There is no doubt that law enforcement has ment services provided in Newtown during the days following trained to respond effectively to an active shooter. However, December 14, 2012, rose from approximately 6–9 officers per more training is needed to include other responder disciplines day shift to 60–100 officers. How would we accommodate all so that effective and important services are rendered as quickly

M enhancement is liaison with the district attorney’s the 15 pilot programs reported decreases in homi- office to alert the prosecuting attorney to the impor-I cides committed with firearms. The programs tance of the case and to the suspect’s past record.L were designed to identify, target, disrupt, arrest, Such information helps ensure zealous efforts by the and prosecute the worst criminal offenders in high- prosecutor. E crime areas throughout the country. The strategy Marcia Chaiken and Jan Chaiken, in theirS relied heavily on a team effort between the federal, report Priority Prosecutors of High-Rate Dangerous state, and local law enforcement agencies in the area, Offenders , distinguished between persistent offend-, which is believed to be the most crucial factor in ers (those who commit crimes over a long period of the long-term success of the initiative. Overall, the time), high-rate offenders (those who commit numer- VCIT areas reported that firearm-related homicides ous crimes per year), and dangerous offenders (thoseS decreased by 17 percent, 500 targeted individu- who commit crimes of violence). 3 6 These authorsH als were arrested, 3,000 firearms were confiscated, suggest that the most accurate way to identify high-A more than $2 million was seized, and 2,500 other rate dangerous offenders is using a two-stage screen- criminals were arrested. The initiative appears to be ing process. The first stage should look for evidenceN a success, and other cities are being added. 3 8 of a serious previous felony conviction, failureN to complete a previous sentence, arrests while in pre- trial release, or a known drug problem. The authorsO Internet Registries state that defendants who fall into three out of fourN Some jurisdictions are enacting laws requiring the of these categories have a 90 percent chance of being registration of various types of criminals. For years, high-rate dangerous offenders and should be further sex offenders have been tracked in most states. This screened. The second screening involves looking1 tracking primarily serves as a public notification for evidence of the following: use of a weapon in the system so parents know if there are any sex offenders current crime, one or more juvenile convictions 9for living in their neighborhood, allowing them to take robbery, or status of wanted for failure to complete0 the proper precautions to keep their children safe. a previous sentence. 3 7 The presence of any of these These registries also notify local law enforcement of aggravating factors would cause the defendant9 to individuals residing in their community with a past be considered a high-rate dangerous offender. TheT in this particular type of crime. If a crime occurs, the authors suggest that any defendant consideredS a officers have individuals they can contact, possibly high-rate dangerous offender should receive special increasing the chances of a successful investigation. attention by investigators and prosecutors. Some states have added to the information they An initiative with pilot programs involving provide on the registry. The state of Florida recently the federal government and local agencies called added vehicle and boat information as well as more the Violent Crime Impact Teams (VCIT) found detailed crime information to its sex offender website that during the first six months of operation, 13 of to assist citizens in more accurately assessing their

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and professionally as possible. Mass casualty training must on this unpleasant but increasingly common societal phenom- also include the chaotic aftermath and management using the enon. Law enforcement’s response that day and in the weeks widely accepted NIMS (National Incident Management System) that followed was extraordinary considering the many chal- and ICS (Incident Command System) tools. lenges involved. But as with any major incident, we critically The greatest challenge for law enforcement and our reviewed our response and determined what could have been communities will be how to prevent these mass casualties. done better and what was done really well; then we shared our American law enforcement has been equal to such tasks in the knowledge with other law enforcement agencies to help them past, and I suspect they will be able to make significant inroads if it ever is necessary.

M risk.3 9 Though much more information is available and citizens will be extra vigilant and perhaps help in through the Internet to the public and policeI than investigations, allowing law enforcement to get these before, it is unknown whether the registriesL have offenders off the streets for longer periods. 4 2 actually discouraged offenders from committing new crimes. There is also concern that theseE registries may create a false sense of security, asS the pub- Global Positioning System (GPS) lic often assumes that having these registries means Technology, Smartphones, and the offenders are closely monitored. , Exactly how sex offender cases are handled Social Media varies from state to state. There is now a National Surveillance of offenders is extremely labor inten- Sex Offender public website coordinatedS by the sive and costly. Today, technology has improved to Department of Justice and located on theH FBI web- a degree to allow law enforcement to track offenders site that allows citizens to search the latestA informa- without having them physically followed 24 hours tion from all 50 states, the District of Columbia, the a day. Global positioning system (GPS) technology U.S. territories, and numerous Indian tribesN for the has allowed many states to implement programs identity and location of known sex offenders.N 4 0 monitoring offenders. It saves the state the money of Recently, some states have created a similar reg- incarcerating the offenders, and most states require istry for meth offenders. The governor of MinnesotaO offenders to pay for the monitoring unless they are signed an executive order creating an onlineN registry indigent. Though some states are using GPS tech- for people convicted of making or selling metham- nology to monitor paroled gang members, most are phetamine. It is modeled after a similar registry in using it to monitor sex offenders. Some states have Tennessee. The Minnesota governor stated,1 “When named their laws after Jennifer Lunsford, a nine- you have public awareness of the presence of these year-old Florida girl who was kidnapped, raped, and individuals, there will be further accountability9 by killed in February 2005, by a convicted sex offender neighbors, by people who are interested 0in making who had not reported that he lived across the street sure that their areas of work or residence are safe.” from her family. He fled after her murder, and it Many states now have similar registries in9 place, and took a month to find him. the U.S. Drug Enforcement AdministrationT main- Many states have passed laws on GPS moni- tains a National Clandestine Laboratory RegistryS on toring, and others have bills pending, because it their website that allows the public to access the infor- appears to have tremendous support among elected mation on labs in their state. In Illinois, the purpose officials. At least 23 states have implemented pro- of the law is to expedite law enforcement’s research grams to monitor sex offenders by satellite, and regarding conviction records rather than to inform most are reporting success with their programs. the public, but the public is not barred from access- In California, in just under a year, 45 monitored ing the information.4 1 The hope is that neighbors offenders (out of 430) were arrested for violating

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parole, and no new crimes were committed by those footage by marathon spectators, the information dis- offenders. Massachusetts arrested 8 of its 192 high- seminated by average citizens sometimes appeared risk offenders in the same period. A study by Florida more timely than the information shared by the State University released in February 2006 found authorities. As events unfolded, the conventional that offenders tracked by GPS were 90 percent less media could be seen checking their cell phones and likely to abscond or reoffend than were those not obtaining updated information from tweets shared monitored. Most states plan to continue and possi- by various investigative agencies both to garner bly expand their programs.4 3 leads from the public and to share developments in OnStar, the General Motors emergency rescue the case. This case seemed to be a game changer and recovery service, has been used to assist acci- in the way major events are covered by the media and dent victims, locate stolen vehicles, and disable sto- the partnership between traditional media outlets, len vehicles. This program has helped to protect the investigative agencies, and citizens. Some chiefs have community, minimize injury to others, and recover recounted that their agency must release information property. A similar system, LoJack, has worked with via social networks quickly, or others will release local law enforcement for years and has also been it and it might not be accurate. Many officers have used to locate stolen vehicles that have been outfit-M arrived on scenes to find photos or videos already ted with their GPS device. being shared by witnesses or passersby, sometimes Smartphones also have proven to be a valuableI to the detriment of the investigation. Law enforce- crime-fighting tool. They have been used to takeL ment must rise to the challenge of using social media photos or videos of suspects, vehicles, and crimes in a positive and productive manner as technology and other violations in progress, where it wouldE be and communication methods evolve if they want to likely that the actions would have been concludedS remain in control of the investigation but also make or the suspects would have fled by the time police the best use of a very beneficial partnership with arrived. Victims or witnesses might be reluctant, the community such as that seen during the Boston to confront a violator, but taking a photo can allow Marathon bombing investigation. them to assist their community and remain relatively anonymous, depending on the situation.S Victims or witnesses can text messages when theyH Surveillance Cameras are unable to speak or afraid of being heard. TheA Surveillance cameras are everywhere today; despite phone can be tracked to find the location of the some challenges, most courts have upheld their use, owner of the phone, or the phone itself if it has beenN stating that they are not a violation of individuals’ removed from the owner. People who were victimsN of rights because there is no expectation of privacy in crime have been rescued from harm and people who most of the locations. Although these cameras have have been involved in accidents and were unableO to been touted as a crime prevention tool, they have communicate have been found. Additionally, smart-N been critical in solving some major cases. Many cit- phones can provide information regarding the ongo- ies across the country, large and small, are allocating ing location of the phone, phone and e-mail contacts, budget dollars to install surveillance cameras and locations indicating where photos were taken, and1 to purchase license plate scanners both mobile (on information from other applications that may have police vehicles) and on fixed locations in the juris- been downloaded. 9 diction. These cameras and scanners have assisted Social media are being used increasingly by 0law in all types of criminal investigations by tracking enforcement agencies to reach out to the public in particular vehicles. This topic is discussed in more order to solicit their input regarding crime informa-9 detail in Chapter 14 . tion and suspect identification. The use of videosT Some critics dispute the value of surveillance has proven to be an asset to investigations that wouldS cameras in crime fighting and crime prevention, and most likely not have had successful conclusions if not even their constitutionality. 4 4 However, it is hard to for the public coming forward in response to images dispute the contribution they have made in some captured on tape. The use of social media to dis- high-profile cases that may not have been solved had seminate information was particularly evident in the it not been for surveillance cameras installed by prop- Boston Marathon bombing in April 2013. Together erty owners. When 11-year-old Carlie Brucia was with the use of surveillance cameras and cell phone reported missing in Sarasota, Florida, on February 1,

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2004, there were few leads other than where she had been and that she was believed to be heading home. Detectives obtained a surveillance video from a car wash located along Carlie’s route home. The video showed Carlie walking along the rear of the car wash, where a man was seen approaching her and forcibly walking her out of view of the camera. This video was released to the media and an AMBER Alert system was acti- vated. Numerous phone calls were received identifying the suspect, Joseph Smith, and he was subse- M quently arrested 4 5 and convicted 4 6

of raping and murdering Carlie. I AP Images/Chip Litherland, Pool In 2010, a robbery and assault MikeL Evanoff, owner of Evie’s Car Wash, testifies about this by four teens on a 15-year-old girl security video footage from his business, which was used in the in a Seattle bus tunnel was caught trialE of Joseph Smith. Smith was charged in the death of 11-year- on surveillance video and aired oldS Carlie Brucia after he was identified in the security video nationally, primarily due to the footage approaching Brucia and taking her forcibly by the arm. lack of response by uniformed , security personnel within a few feet of the attack. The teens were identified and charged the site. Those videos have then been used as evi- due to the surveillance tape. Other videotapesS have dence by law enforcement to prosecute the individu- captured robbers, burglars, and vandals onH tape and, als committing the assaults. A case that attracted when aired on TV, have resulted in some arrests.A a lot of attention was the Florida case involving six Law enforcement has also started to take the teenage girls accused of beating a 16-year-old cheer- surveillance tapes they acquire in their investigationN leader and filming the attack for the Internet. Shortly of crimes to the Internet-savvy public byN posting after the case hit the press, 6 of the 20 most-viewed them on YouTube. Typically, they will do this when videos on YouTube were related to the attack.4 7 they have footage of the suspect but cannotO identify him or her. They then may notify selectedN groups or individuals that they have posted the clip or attach Cold-Case Squads a request for help to the clip and hope someone will Advances in DNA technology have led to the recognize the offender. Sometimes, frustrated1 busi- increased use of cold-case squads to solve crimes. ness owners or homeowners who have been victim- Cold-case squads reexamine old cases that have ized in less serious ways post their surveillance9 tapes remained unsolved. They use the passage of time on YouTube themselves. They post the 0clip of the coupled with a fresh set of eyes to help solve cases suspect breaking into their business or car or van- that have been stagnant for years and often decades. dalizing their property with the hope that9 someone Over time, relationships change. People may no may watch their video and recognize theT offender. longer be married, may no longer be friends, or may With social media and the sharing of informationS no longer be intimidated by or afraid of the same via smartphones and Facebook, surveillance cameras also greatly facilitated solving the crime of the Boston Marathon bombing. cold-case squads Investigative units that reexamine old cases The use of YouTube in solving crimes has taken that have remained unsolved. They use the passage of time cou- another turn. Individuals desiring their 15 minutes pled with a fresh set of eyes to help solve cases that have been of fame have posted videos of fights and assaults on stagnant for years and often decades.

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people. Someone who was reluctant to talk because the subject of a 16-year international manhunt. of either fear or loyalty may decide to tell the truth They posted television spots on shows like Ellen, years later. Individuals may have found religion or The View , and Live with Regis and Kelly , target- changed their lifestyle, and years later realize that ing individuals who might have had encounters what they did, witnessed, or knew about was bad with Bulger’s girlfriend. They received more than and they want to set the record straight. Cold-case 200 tips, and Bulger was in custody within days. 5 0 detectives reinterview all individuals involved and Detectives use innovative ideas to obtain the hope someone has had a change of heart over the evidence they may need for comparison purposes. years or forgotten what was said initially, allowing A man from New Jersey was recently arrested for police to uncover new information. a decades-old murder of a teenage girl in Seattle, Cold-case detectives also benefit from the pas- when he too was a teen. He had been a prime sus- sage of time in another way. In the last couple of pect, but investigators had no evidence linking decades, there have been tremendous advances in him to the crime. In 2003, they sent him a form to forensic science, especially DNA testing, which fill out to participate in a suit regarding parking have greatly enhanced the investigative process. fines in Seattle. He filled out the form, put it in the Much smaller samples are necessary now to getM a envelope, licked the envelope, and mailed it back more definitive match through DNA than even a to Seattle. Detectives were able to match the DNA few years ago. Cold-case detectives are able to solveI from his saliva to that found on evidence, and he was many cases solely by reexamining the evidence. L arrested. That case has withstood several challenges In 1977, a six-year-old girl was reported missing by the defendant’s attorneys, and he is in prison. in Reno, Nevada; 23 years later, the detectives had Eher The National Institute of Justice (NIJ) has clothes retested, found previously undetected DNAS awarded more than $73 million since 2005 to more evidence, and tied the crime to a convicted felon.4 8 than 100 law enforcement agencies across the coun- In 2003, Jesus Mezquia, a 48-year-old resident, of try through its “Solving Cold Cases with DNA” Florida, was arrested for the 1993 rape and murder of competitive grant program. This funding has Mia Zapata in Seattle. King County cold-case detec- allowed more than 119,000 cases to be reexamined tives submitted the DNA profile found on Zapata’sS and over 4,000 DNA profiles to be added into the body to the National DNA Index System and foundH FBI’s combined DNA index system, resulting in that it matched a DNA sample obtained fromA more than 1,400 hits. In 2013, the Boston Police Mezquia as a result of a previous, unrelated arrest in Department was finally able to link Albert DeSalvo, Florida. The Seattle crime had been a random sexualN the Boston Strangler, to the rape and murder of assault and murder; Mezquia and Zapata had no con-N Mary Sullivan in 1964. She was one of 11 young nection save location, so this crime would have likely women that DeSalvo confessed to killing. The help remained unsolved without DNA analysis. O of this grant and the DNA link provided the ability Investigators who make up the cold-case squadN to reopen the cold case and close this mystery.5 1 must not be afraid to use whatever means may Cold-case squads are providing great hope help their case, including the media. Some depart- and comfort to families of victims of old, unsolved ments use shows such as America’s Most Wanted1 to crimes. The community also experiences a sense of help bring a suspect or a crime back into the mind justice when detectives are able to solve these long- of the public. In 2011, when the show was canceled9 dormant cases and hold the defendants accountable by the Fox network, President Obama commented0 for their actions. on its “remarkable record” in apprehending more than 1,000 suspects in its two-decade run. 4 9 A strat-9 egy that has had some success recently is the Tuse Proactive Tactics of “cold-case” playing cards and drink coastersS to highlight unsolved murders and missing persons cases to inmates and others with the goal of generat- Decoy Operations ing leads and solving the cases. One of the primary purposes of police patrol is Recently, an FBI task force launched a media to prevent crime by creating a sense of omnipres- blitz in their hunt for James “Whitey” Bulger, ence; potential criminals are deterred from crime an infamous Boston crime boss who had been by the presence or potential presence of the police.

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Omnipresence does not always work well, however. maintaining a high conviction record. In achieving We have crime both on our streets and in areas where successful prosecutions in their cases, decoy opera- ordinary police patrols cannot see crime developing, tions overcome the problem police encounter when such as the inside of a store or the hallway of a hous- witnesses and victims are reluctant to cooperate with ing project. We also have seen that retroactive inves- police and prosecutors because of fear or apathy. tigations of crimes, with the intent to identify and There is a concern for potential injury to the officer arrest perpetrators, are not very effective. as well as the perception of entrapment by individu- One proactive approach to apprehending crimi- als not knowledgeable of the legal boundaries. nals in the course of committing a crime is decoy As mentioned in Chapter 9 , decoy vehicles can operations . Decoy operations take several forms, be used in solving crimes and enhancing investiga- among them blending and decoy. In blending , offi- tions. When an agency has a lot of vehicles being cers dressed in civilian clothes try to blend into an broken into in a particular place, such as a mall or area and patrol it on foot or in unmarked police cars hospital parking lot, they can set up a decoy vehicle in an attempt to catch a criminal in the act of commit- with similarities to the vehicles that appear to be the ting a crime. Officers may target areas where a sig- target. Investigators can watch the vehicle, and when nificant amount of crime occurs, or they mayM follow the perpetrator breaks in, they can quickly make an particular people who appear to be potential victims arrest. or potential offenders. To blend, officers assumeI the roles and dress of ordinary citizens—construction L workers, shoppers, joggers, bicyclists, physically dis- Stakeout Operations abled persons, and so on—so that they canE be close Many crimes occur indoors, where passing patrol enough to observe and intervene shouldS a crime officers cannot see their occurrence. To catch some occur without first being recognized as officers. of these criminals, stakeouts are used. A stakeout In decoy, officers dress as, and play the, role of, is the hidden surveillance of a location or person. potential victims—drunks, nurses, businesspeople, For example, a stakeout might consist of a group of tourists, prostitutes, blind people, isolated subway heavily armed officers who hide in an area of a store riders, or defenseless elderly people. The officersS wait building waiting for an impending holdup. If an to be the subject of a crime while a team Hof backup armed robber enters the store and attempts a rob- officers is ready to apprehend the violatorA in the act bery, the officers yell “Police!” from their hidden of committing the crime. Decoy operations are most areas. If the perpetrator fails to drop the weapon, the effective in combating the crimes of robbery,N purse officers open fire. snatching, and other larcenies from the person;N bur- Stakeouts are effective in cases in which the glaries; and thefts of and from automobiles. police receive a tip that a crime is going to occur in Police officers around the countryO have a commercial establishment or in which the police responded creatively to crime problemsN by play- discover or come upon a pattern. A typical pattern ing many roles. Some have filled in as coffee shop would be a group of liquor stores in a certain down- employees or as baristas at espresso stands. They town commercial area that have been robbed at gun- have worked at convenience stores, nail salons,1 and point in a way that is consistent enough to indicate it video stores in an effort to catch robbers in the act. might happen again. Many successful arrests have been made in9 such situ- Stakeouts are extremely expensive in terms ations, and the surrounding publicity creates0 uncer- of police personnel. They are also controversial tainty for criminals about whether their intended because they can be dangerous for all involved. The victim might be a police officer. A man9 who had situations are always dynamic, and officers have to posted a fraudulent ad for “models” and “actresses”T in a South Florida newspaper and then proceededS to fondle and molest female applicants was shocked decoy operations Operations in which officers dress as and after one of his “applicants” came back to the office play the role of potential victims in the hope of attracting wearing a badge and reading him his rights. and catching a criminal. Anticrime and decoy strategies focus on reduc- blending Plainclothes officers’ efforts to blend into an area ing serious and violent street crimes, apprehending and attempt to catch a criminal. criminals in the act, making quality arrests, and stakeout The hidden surveillance of a location or person.

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Jogging on the Job ON THE JOB

Decoy work varies tremendously in challenge and assignment. It sounds pretty cool, getting paid to desirability. In large departments, it can be an offi- run and work out on duty, but the conditions were cer’s regular assignment, but in most mid-sized and less than ideal. smaller departments, it will be used as necessary, June in South Florida is very hot and humid, and depending on crime issues that arise. In these cases, this trail was in a scrub area with lots of bushes but it will usually be a break from an officer’s regular not many trees; consequently, there was little shade. assignment. During my police career, I had many I put on a wire so that I had voice communication occasions to work decoy assignments in which when I was out of sight of the two backup officers females were targeted victims. I found these assign- along the three-mile course. I had to be covered up ments to be a challenge and a welcome break to enough to hide the wire, which meant I would be my routine, whether I was assigned to patrol or the even warmer. I ran and walked for about two hours detective bureau at the time. a day around this course. As I sweated profusely, One June we had a couple of incidents of inde-M jumped over and avoided snakes, and was bitten cent exposure at a popular but somewhat isolated by the biggest horseflies I had ever seen, I started jogging trail. We then had an incident whereI a singing Helen Reddy’s song “Ain’t No Way to Treat female was grabbed at 8:00 a.m. and pulled intoL a Lady” for the entertainment of my backup offi- the bushes along this jogging trail. She fought her cers (and perhaps to make a point). We saw nothing attacker off and managed to get away, but it wasE of interest during the two weeks, and there were clearly an attempted rape. We decided that for twoS never any more attacks there, so the offender must weeks, we would put a female officer out jogging have moved on or been arrested for something else. this same trail in the early morning hours. Since, Or maybe he heard me singing and got scared off? I was known to be a runner, I was chosen for the —Linda Forst S H decide how far to let these incidents progress. ThereA These audio and video recorders make excellent evi- are so many variables that police can never know dence in court. when violence may erupt, even in a previously non-N Sting operations are often used to purchase sto- violent pattern of crimes. Law enforcement per-N len vehicles or car parts. Electronic devices are also sonnel do not want to risk standing by and having targeted in sting operations in an effort to catch the innocent people get hurt. O individuals committing crimes to get these items. N Depending on the size and scope of the targeted criminal organizations, sting operations may be multijuris- Sting Operations dictional in nature or in fact organized by the FBI. Sting operations are undercover police operations1 Another type of sting operation is directed in which police officers pose as criminals in order to against people wanted on warrants. These wanted arrest law violators. They can be used, for example,9 persons are mailed a letter telling them that they to apprehend thieves and recover stolen property.0 In have won an award (such as tickets to an important this case, the police might rent a storefront and put ball game) and that they should report to a certain the word out on the street that they will buy any sto-9 location (usually a hotel) at a certain time to pick len property—no questions asked. The police wouldT up the prize. When the person appears, he or she is set up hidden video and audio recorders that couldS arrested. be used to identify “customers,” who then would be Traditionally, sting operations involved setting located and placed under arrest several months later. up false storefronts to deal in stolen property, but over the years the definition of sting operations has expanded. Now they often are used in situations sting operations Undercover police operations in which police of corruption, prostitution, car theft, drug dealing, pose as criminals to arrest law violators. child pornography, child sexual abuse, and tobacco

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and alcohol sales to minors. Generally, a sting opera- that some public locations become known as meet- tion includes four elements: ing places for inappropriate sexual activity, and the use of sting operations has helped to curtail these • An opportunity or enticement to commit a activities and shield children and unsuspecting crime members of the public. • A targeted likely offender or offender group Another kind of sting operation that has been a • An undercover or hidden police officer or sur- point of discussion is the child predator sting aired rogate, or some form of deception on NBC. Law enforcement has been working with • A “gotcha” climax when the operation ends the media in operating some of these child pornog- with arrests 5 2 raphy stings. From 2004 to 2007, Dateline on the NBC network aired “To Catch a Predator,” where a Studies of sting operations have found that sting is set up in a rented home. When the operation they account for a large number of arrests and the began, Dateline staff members worked with an orga- recovery of a significant amount of stolen property. nization from Portland, Oregon, called Perverted However, the studies have failed to demonstrate that Justice, whose volunteer members posed as young the tactic leads to reductions in crime. 5M 3 A major boys and girls in Internet chat rooms and waited to drawback to sting operations is that they can serve as be contacted by adult men seeking sex with minors. inducements to burglary and theft becauseI they cre- The volunteers lured the men to the rented house, ate a market for stolen goods. L where they were confronted by a Dateline reporter Frustrated with increasing gun violence and the on camera. In many situations, NBC did not notify perception that the federal government wasE not tak- local law enforcement. After seeing the popularity ing any action, New York City decided Sto take on of the show, NBC formalized its relationship with gun dealers in other states. The city sent teams of Perverted Justice and started working more closely private investigators posing as gun buyers, to stores with law enforcement, which resulted in police mak- in five states and caught 15 dealers making ille- ing more arrests after the confrontations. Other gal sales. These businesses had been the source of networks have aired similar shows since 2007 when 500 guns that were used in the commissionS of crimes NBC stopped producing “To Catch a Predator.” in New York City. The operatives wentH into the These relationships and operations are not stores with hidden cameras. One investigatorA looked without controversy, as roles and relationships have at the guns, talked with the sales staff, and made the become blurred. 5 5 The public seems hungry for this decision. This investigator then called theN second type of story and eager to put pedophiles behind investigator over (usually a female), whoN had not bars. Legal outcomes and court challenges will help been involved in any way, to fill out the background to determine whether these types of arrangements paperwork, and then the first investigatorO paid for and stings will continue. Despite the attention these the gun. This practice is referred to as usingN a “straw operations have received, detectives are continually buyer,” someone with no criminal record, to fill out surprised by the abundance of child predators on the the background paperwork to purchase a gun from Internet. Investigators frequently go into chat rooms a dealer. 1 or onto social media sites and pose as young teens. It Other cities around the country have followed does not take long for them to be approached by sus- New York’s lead, including Minneapolis,9 which pected predators and have these predators progress discovered that some of its gun dealers were0 selling to proposing an in-person meeting. many guns to the same “straw buyers” repeatedly. Sting operations may appear to be an attrac- Local gangs were using female “straw buyers”9 for tive option for some crime investigations, but law the purchases. 5 4 These types of suits mayT be a way enforcement should carefully weigh all of the options to increase accountability among gun dealersS and before deciding on this approach. They may not in sellers and help bring down the violent crime rate. fact reduce or prevent recurring crime problems and Sting operations targeting lewd behavior have in this era of reduced budgets, the cost in both dol- often been used around the country, particularly in lars and resources may be prohibitive. There are also parks and areas frequented by children in an effort ethical and entrapment issues that need to be con- to protect them from inadvertently seeing something sidered. There may be other more effective problem- they should not see. Many agencies have discovered solving techniques.

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Cybercrime Investigations YOU ARE THERE The Legality of Police Undercover The world today is changing quickly as a result of Drug Investigations: Gordon v. ever-evolving technology. This includes criminals Warren Consolidated Board of and how they choose to commit their crimes or obtain the goods or financial gain they seek. With Education, 1983 the advent of technology, the criminals are able to High school officials had placed an undercover commit the same types of crimes but with the added officer in regular classes to investigate student assistance of anonymity and a vast resource of poten- drug use. After the investigation, several students tial victims. Cybercrime is any type of criminal were arrested and convicted of participating in the activity involving computers and networks, ranging drug trade. They appealed their convictions, claim- from fraud to viruses to infiltrating networks or sites ing that the actions of the school officials violated to obtain personal information for identity theft or to their rights under the First Amendment of the shut systems down. Cybercrime trends change regu- U.S. Constitution. Their appeal was dismissed by larly and quickly, which can make them difficult for an appellate court ruling that the presence of the law enforcement to keep up with. Many databases police officer working undercover did not consti- are interrelated and in a digital format in orderM to tute any more than a “chilling” effect on the stu- be able to share information and avoid duplication.I dents’ First Amendment rights, because it did not These databases no longer catalog just financial disrupt classroom activities or education and it did information, but include a lot of personal data andL not have any tangible effect on inhibiting expres- even medical and health information. This informa-E sion of particular views in the classroom. tion in the wrong hands can be extremely harmful with significant consequences. The Internet andS Source: Based on Gordon v. Warren Consolidated Board of social media can also cause psychological damage, Education , 706 F.2d 778 (6th Cir. 1983). through the posting of threats toward an individual or group or the practice of cyberbullying. All types of criminals use the Internet andS the investigations unit, especially when you factor in social media sites to facilitate their crimes, whetherH recent budget cuts and reductions in personnel. It is to fence stolen goods or to meet underage boys and a constant struggle to train and retain officers edu- girls for sexual gratification. With smartphone tech-A cated in this area. Departments need to find ways nology, they also are leaving digital evidence of theirN to train as many officers as possible in the basics of crimes: Incriminating information can now be found N cybercrime investigations and to have at least one in personal smartphones and sometimes on the more expert available within the department to advise public social media sites. Just knowing where to findO and guide these investigations as they arise. This this evidence and how to access it involves a certain N is critically important, especially as the cybercrime amount of expertise. numbers continue to grow and the impact on the Law enforcement agencies must add the capa- community becomes more widespread. 5 6 bility of conducting effective and productive cybercrime investigations to their crime-solving toolbox.1 Historically, police agencies have been slow to keep9 up with new demands, especially in the area of Undercover Operations technology. Considering the exponential growth0 A n undercover investigation may be defined as of technology and its rapidly changing face, law9 one in which an investigator assumes a different enforcement has significant demands placed uponT identity to obtain information or achieve another S investigatory purpose. The undercover investigator generally plays the role of another person. In an cybercrime Criminal activity involving computers and net- undercover investigation, the investigator can be works, ranging from fraud to viruses to infiltrating networks or sites to obtain personal information for identity theft or to shut doing many things, including merely observing or systems down. performing certain actions that are designed to get undercover investigation A covert investigation involving other people to do something or to react to or inter- plainclothes officers. act with the investigator in a certain way.

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One dangerous consequence of the undercover officers becoming deviant, adhering to the subcul- job and the officer’s ability to blend into the criminal ture, breaking the law, and ending their careers, subculture is the fact that the undercover officer may which is a real tragedy for all concerned. be mistaken for a suspect by uniformed officers who Realizing the difficult challenges and condi- are responding to a scene. This is especially true tions that undercover officers face, departments are in big agencies and when undercover officers end implementing policies to minimize the chance of up out of their jurisdiction. These officers receive officers going astray and to protect them and the additional training in how to respond to uniformed department. The Commission on Accreditation officers who may respond with guns drawn and treat for Law Enforcement Agencies (CALEA) requires them as suspects. The goal is for all to come out of departments to have policies and procedures in place the situation unhurt. The primary function of the concerning undercover and decoy operations as well investigator in these cases is to play a role without as vice, drug surveillance, and investigations.5 7 anyone realizing that he or she is playing a role, and officers must learn to safely handle the unintended consequences of this function. In policing, the pri- Federal Undercover Investigations mary purpose of the undercover operationM most Federal undercover investigations generally include often is the collection of evidence of crimes. efforts at detecting and arresting people involved I in political corruption, insurance fraud, labor rack- L eteering, and other types of organized conspiracy- Police Undercover Investigations type crimes. Federal agencies, including the Drug Undercover investigations generally includeE drug Enforcement Administration (DEA), Customs, undercover investigations; stings, includingS warrant and the Bureau of Alcohol, Tobacco, Firearms and stings and fencing stings that involve the buying and Explosives (ATF), often form joint task force inves- selling of stolen goods and other contraband;, decoy tigations with local, county, and state law enforce- operations targeted against the crimes of robbery, ment agencies. Some of the agents work undercover burglary, and assault; antiprostitution operations; and and others work surveillance. This allows them to operations involving the infiltration and arrestS of peo- pool resources and expertise. This approach has ple involved in organized crime, white-collarH crime, been particularly successful in South Florida. Many and corruption. Police undercover officersA have a major drug or arms smuggling operations have been dangerous yet often rewarding job. It can be reward- broken up, arrests made, and property worth mil- ing as well as a relief when the undercover officerN gets lions of dollars confiscated. to arrest the offender at the end of the investigation.N Offenders are often very surprised when they realize the role an undercover officer played in theirO arrest. Drug Undercover Investigations Undercover investigations can presentN some Drug enforcement is a priority in law enforcement significant challenges to police officers and police and a vital part of the law enforcement mission. organizations. Officers who infiltrate the criminal Drugs contribute to a myriad of social problems lifestyle are living a lie. They spend their1 working and quality-of-life issues in communities. There hours in a role quite contrary to who they are. The is a strong correlation between drugs and criminal difficulty involved in this will vary with the9 assign- activity and acts of violence. Almost everyone knows ment and the length of the assignment.0 Hanging someone who has had their life impacted in some around with criminals and attempting to become way by drugs. their friends and fit in with their lifestyle9 can lead The drug problem consumes a lot of police to a socialization process very different fromT what resources and puts both police officers and com- officers experienced growing up and preparingS for munity members at risk. It also poses a significant the police job. This situation is further complicated financial burden for society. Though we all strive for because undercover officers receive little supervision the same goals—safe communities and highways, and often little training in preparation for their roles. drug-free workplaces and schools, babies born free Eventually their bonds to other officers and even to of addiction, and a peaceful quality of life—individ- family and friends may be cut or weakened, depend- ual values often dictate different ways of achieving ing on the assignment. This has contributed to some these goals. Add in political agendas, availability of

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resources, conflicting laws, the changing trends in Drug investigations can be approached in the drug usage, and the influence of organized crime, same manner as any other investigation, but they and law enforcement is charged with an extremely involve some additional risks due to the nature of difficult job.5 8 drug trafficking and the violence associated with Law enforcement must constantly assess the it. Most drug investigations involve an undercover drug issue—including changing laws, changing component, which can be very dangerous. Drug usage, alternate manufacturing techniques, and dealers are usually armed, the encounter may be a evolving distribution patterns—and determine the rip-off and not an actual deal, and the dealers may safest and most effective way of attacking the prob- be in a paranoid state or under the influence of nar- lem and keeping citizens safe. Many of the cho- cotics at the time of the deal. Caution also needs to sen tactics are under constant scrutiny to ensure be taken to make sure that the deal is not being done that constitutional safeguards are being upheld. between two law enforcement agencies, which has Recently, medical marijuana laws have been passed happened in the past. Most agencies now have pro- in many states and recreational marijuana laws have cedures in place to check whether that may be the been passed in Colorado and Washington, which case before the deal goes down. has further complicated the issue, as these laws Mare At least three general methods can be used in in direct conflict with the federal drug laws. In addi- conducting drug undercover investigations. The first tion, “synthetic” drugs that mimic the effectsI of involves infiltrating criminal organizations that sell various drugs are frequently being developed but Lare large amounts of drugs. The method is to buy larger not legally prohibited until lawmakers catch up with and larger amounts of drugs so the buyer can reach these substances and enact new laws. Law enforce-E as high as possible into the particular organizational ment must follow these trends and disseminateS hierarchy. Lower members of the criminal hierar- information to the street officers and investigators, chy have access only to a fixed quantity of drugs. as they are charged with investigating the drug ,law To obtain larger amounts, they have to introduce violations and keeping the public safe. the investigator to their source or connection, who is Prescription drug fraud, or the illegal acquisi- generally someone in the upper echelon of the organi- tion of prescription drugs for personal use or profit,S zation or a member of a more sophisticated organiza- is a popular way to get around some of the enforce-H tion. These operations usually require sophisticated ment efforts targeting other controlled substancesA electronic surveillance measures and large sums of and yet build on the profits of the drug trade. This money. Such investigations can be very lengthy and can take the form of covert or overt crimes, includ-N dangerous to the undercover investigators. ing Medicaid fraud; theft (of prescription padsN or The next method that can be used to attack drug the drugs themselves) from pharmacies, doctors’ syndicates or drug locations is the process of staking offices, and patients; or even robberies of these sameO out a particular location and making detailed obser- parties; doctor shopping or consulting multiple doc-N vations of the conditions that indicate drug sales, tors to obtain prescriptions; using prescriptions such as the arrival and brief visit of numerous cars legally prescribed to family members or friends; and people. These observations are best if recorded or altering prescriptions to increase the quantity1 of on video to establish probable cause for obtaining a medication. Some parts of the country are known search warrant. If a judge agrees with the probable to have less restrictive laws regarding pain clinics9 cause, he or she can issue a search warrant, which or prescriptions and have become a target destina-0 can then be executed against a particular person, tion for addicts desiring these drugs or individu- automobile, or premises. These investigations can als eager to take advantage of addicts’ needs. South9 be very lengthy and involve extensive sophisticated Florida has acquired the reputation as the epicenterT electronic surveillance. of the problem due in part to the prevalence of pain-S The third method is the undercover “buy-bust,” management clinics, many of which dispense medi- an operation in which an undercover police officer cations inappropriately. After a city has examined purchases a quantity of drugs from a subject and their problem, they can analyze whether it can be then leaves the scene, contacts the backup team, addressed via enforcement actions or if it is a bigger and identifies the seller. The backup team, in or out problem requiring a task force approach with medi- of uniform, responds to the location of the sale and cal personnel and treatment facilities. 5 9 arrests the seller, based on the description given by

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the undercover officer. The legal basis of the arrest bust. Reverse-sting operations often lead to accusa- is probable cause to believe that a crime was com- tions of entrapment, so officers must be thoroughly mitted and that the subject was the perpetrator of versed in their state laws and court rulings regarding the crime. Based on the legal arrest, the backup team entrapment. can search the subject and seize any illegal drugs. If the arrest occurs inside the premises, the backup team can seize any illegal substances that are in plain view. The undercover officer then goes to the police Entrapment facility to which the subject has been transferred and Often people believe that undercover operations by makes a positive identification of the subject from a the police are entrapment. Entrapment is defined hidden location, generally through a one-way mirror as inducing an individual to violate a criminal stat- or window. By viewing the suspect through the one- ute he or she did not contemplate violating, for the way mirror or window, the undercover officer cannot sole purpose of arrest and criminal prosecution. 6 0 be seen and thus can be used again in the same role. Entrapment is a defense to criminal responsibility The buy-bust is generally used in low-level drug that arises from improper acts committed against operations that receive numerous complaintsM from an accused by another, usually an undercover agent. the community. The purpose is to take the person Inducement is the key word; when police encourage- into custody as quickly as possible to relieveI the ment plays upon the weaknesses of innocent persons quality-of-life problem in the neighborhood.L A suf- and beguiles them into committing crimes they nor- ficient number of officers is extremely important in mally would not attempt, the police action can be undercover buy-bust operations. Buy-bustE opera- deemed improper as entrapment and the evidence tions usually include the following officers:S barred under the exclusionary rule. Entrapment is an affirmative defense and can • The undercover officer (U/C). This officer poses , be easily raised at trial. It is based on the principle as a drug user and purchases the drugs from the that people should not be convicted of a crime that dealer. S was instigated by the government, and it arises when • The ghost officer. This officer closely shadows “government officials ‘plant the seeds’ of criminal or follows the U/C as she or he travelsH within an intent.” 6 1 However, when police simply give a per- area and approaches the dealer. A son the opportunity to commit a crime, they are not • The backup team. This team should consist of guilty of entrapment. For example, an undercover at least five officers, if possible, who Ncan watch officer sitting on the sidewalk, apparently drunk, from a discreet location to ensure theN safety of with a $10 bill sticking out of his or her pocket, is the U/C and the ghost and who can move in not forcing a person to take the money but giving a when it is time to arrest the dealer. O person the opportunity to take the money. A person • The supervisor. This critical memberN of the who takes advantage of the apparent drunk and takes team plans and directs the operation and makes the money is committing a larceny. The entrapment all key decisions. defense is not applicable to this situation, but it may 1 apply when the police action is outrageous and forces Often, the undercover officer makes numerous an otherwise innocent person to commit a crime. purchases over time and then obtains an arrest9 war- I n Jacobson v. United States (503 U.S. 540, 1992), rant for the dealer, and a team goes in to0 make the the U.S. Supreme Court ruled that the government’s arrest. This is a good strategy because the9 dealer is action of repeatedly, for two and a half years, sending less likely to make a connection to the buyer/officer, a man advertisements of material of a sexual nature, and it allows the officer to build probableT cause and causing the man to order an illegal sexually oriented a stronger case. S magazine, constituted entrapment. It ruled that law Sometimes law enforcement then conducts a enforcement officers “may not originate a crimi- reverse-sting operation. After the buy-bust, an offi- nal design, implant in an innocent person’s mind cer poses as the drug dealer and arrests the buyers who come to purchase drugs. This operation is usually done in areas that readily attract buyers. As soon entrapment A legal defense that holds that police originated as an exchange is made, the backup team makes the the criminal idea or initiated the criminal action.

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the disposition to commit a criminal act, and then predominantly focused on the predisposition of the induce commission of the crime so that the govern- defendant and ruled that the entrapment defense did ment may prosecute.” The issue of entrapment is a not apply. 6 3 Although in Hampton v. United States contentious one, with the defendant’s predisposition the Court held that the defendant’s predisposition, being evaluated against the government activities. rather than government conduct, matters regard- The defendant’s predisposition is very subjective, ing the entrapment defense, justices did state in a but the government activities are more objective and concurring opinion that if government behavior easier to evaluate. “shocks the conscience,” it could violate due pro- The American Law Institute’s Model Penal cess. 6 4 Certainly, such behavior as instigating rob- Code looks at the entrapment defense in this way: beries or beatings to gather evidence would cross “If the government employed methods of persua- the line. The Supreme Court has failed to identify sion or inducement which create a substantial risk specific actions that cross the line, but some lower that such an offense will be committed by persons courts have. If officers “use violence, supply con- other than those who are ready to commit it,” then traband that is wholly unobtainable or engage in a the defense is available despite the offender’s pre- criminal enterprise,” defendants often succeed with disposition. 6 2 The Supreme Court, however, hasM an entrapment defense. 6 5 I

YOU ARE L THERE E Jacobson v. United States, 1992 S In February 1984, a 56-year-old Nebraska farmer getting material to him without the “prying eyes of (hereinafter, the defendant), with no record or reputa-, U.S. Customs.” A catalog was then sent to him, and tion for violating any law, lawfully ordered and received he ordered a magazine containing child pornogra- from an adult bookstore two magazines that con- phy. After a controlled delivery of a photocopy of the tained photographs of nude teenage boys. SubsequentS magazine, the defendant was arrested. A search of to this, Congress passed the Child Protection HAct his home revealed only the material he received from of 1984, which made it illegal to receive such mate- the government and the two sexually oriented maga- rial through the mail. Later that year, the U.S. PostalA zines he lawfully acquired in 1984. The defendant was Service obtained the defendant’s name from a mailingN charged with receiving child pornography through list seized at the adult bookstore, and, in January 1985, the mail in violation of 18 U.S.C. 2252(a)(2)(A). He began an undercover operation targeting him. N defended himself by claiming that the government’s During the next two and a half years, govern-O conduct was outrageous, that the government needed ment investigators, through five fictitious organiza- reasonable suspicion before it could legally begin an tions and a bogus pen pal, repeatedly contacted Nthe investigation of him, and that he had been entrapped defendant by mail, exploring his attitudes toward by the government’s investigative techniques. child pornography. The communications also con-1 The lower federal courts rejected these defenses, tained disparaging remarks about the legitimacy and but in a 5–4 decision, the Supreme Court reversed constitutionality of efforts to restrict the availability9 the defendant’s conviction based solely on the of sexually explicit material and, finally, offered 0the entrapment claim. In Jacobson , the Supreme Court defendant the opportunity to order illegal child por- held that law enforcement officers “may not origi- nography. Twenty-six months after the mailings9 to nate a criminal design, implant in an innocent per- the defendant commenced, government investiga-T son’s mind the disposition to commit a criminal act, tors sent him a brochure advertising photographs of and then induce commission of the crime so that the young boys engaging in sex. At this time, the defen-S government may prosecute.” dant placed an order that was never filled. Meanwhile, the investigators attempted to further Sources: Based on Jacobson v. United States , 503 U.S. 540 (1992); and Thomas V. Kukura, J.D., “Undercover Investigations pique the defendant’s interest through a fictitious let- and the Entrapment Defense: Recent Court Cases,” FBI Law ter decrying censorship and suggesting a method of Enforcement Bulletin (April 1993): 27–32.

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SUMMARY • Tr a d i t i o n a l l y , i n v e s t i g a t i o n s h a v e b e e n c o n d u c t e d with the prosecutor in the hopes of obtaining by detectives. stronger sentences. • T h e R a n d s t u d y The Criminal Investigation Process • G l o b a l p o s i t i o n i n g s y s t e m t e c h n o l o g y , s m a r t - revealed that a lot of detectives’ time was being phones, and social media allow investigators to spent unproductively and consequently investiga- obtain information for their investigations with- tions were not being efficiently conducted. out having to be physically present. • Alternatives to traditional retroactive investiga- • Wi t h t h e t r e m e n d o u s a d v a n c e s i n t e c h n o l - tion of past crimes by detectives include improved ogy during the last couple of decades, cold-case case management, mentoring and training of squads have had significant success in investigat- detectives, and improved crime analysis and ing old, dormant cases. information management. • Proactive tactics in police investigations include • Mu l t i a g e n c y t a s k f o r c e s , r e p e a t o f f e n d e r p r o - decoy operations, stakeout operations, and sting grams, cold-case squads, and the use of closed- operations. circuit TV or surveillance cameras haveM led to • Other traditional proactive techniques include improved case clearance. I undercover operations. • Re p e a t o f f e n d e r p r o g r a m s m a y i d e n t iL f y c e r t a i n • The legal concept of entrapment and how it individuals to be targets of an intensified inves- affects undercover operations and proactive tigation through surveillance and otherE strategies tactics is an important concept for officers to or may seek case enhancement by workingS closely understand. , KEY TERMS blending fieldS notes repeat offender programs (ROPs) cold-case squads incidentH report crime analysis intelligence-led policing solvability factors cybercrime investigativeA task forces stakeout decoy operations ManagingN Criminal sting operations detective mystique InvestigationsN (MCI) undercover investigations mentoring entrapment O N REVIEW EXERCISES 1 . You are the lieutenant in the detective bureau1 and Determine which types of crimes might benefit your chief has requested that you consider using a from multijurisdictional task forces and draw up sting operation to help combat the growing9 crime a plan for a task force. Determine which depart- problem in your city. Research the topic,0 includ- ments would be represented and by whom ing what other agencies have done, which crimes within each department, how often the mem- they have targeted in this way, and whether9 or bers would meet, and what type of activities (if not the operations were successful.T You may any) they would put together. want to start with government websites (such as 3 . Pick an individual department in your area and the Department of Justice and the NCJRS)S to examine its crime statistics (most departments research any publications they have on stings, as have these available online). Determine which well as state sites or even law enforcement agen- crimes appear to be the biggest problems. How cies that have used sting operations successfully. would you propose to address them? What 2 . Consult law enforcement in your area and deter- strategies would you employ to attempt to lower mine what crime problems they are facing. these numbers?

62736_ch10_ptg01_hr_298-327.indd 325 9/4/14 7:24 PM 326 PART 3 POLICE OPERATIONS WEB EXERCISES 1 . Go to the Department of Justice website and available for their residents? What do they indi- review the PERF report entitled Managing a cate are warning signs of a possible drug house Multijurisdictional Case: Identifying Lessons and what do they recommend residents do? Do Learned from the Sniper Investigation. What were you think this approach will help combat the some of the challenges faced in this case, and how drug problem or solve crimes? were some of these challenges successfully han- 3 . Go to the Department of Justice website— dled? Are there things that agencies might want to the Office of Community Oriented Policing do differently in the future? Services—and review their Problem-Oriented 2 . Go to the website for the Unified Government Guides for Police, Response Guides Series, No. of Wyandotte County and Kansas City, and 24, on Prescription Drug Fraud and Misuse, 2nd look at the information they have posted for Edition. What kinds of crimes does this guide residents regarding identifying a “drug house.” discuss? What is their goal in making this information M I END NOTES L 1 . P e t e r W. G r e e n w o o d a n d J o a n P e t e r s i l i a , The Criminal 1 4 . I l e n e G r e e n b e r g a n d R o b e r t W a s s e r m a n , Managing Criminal Investigation Process, Vol. I: Summary and Policy Implications E Investigations (Washington, D.C.: National Institute of Justice, (Santa Monica, Calif.: Rand Corporation, 1975). S 1 9 7 5 ) . 2 . I b i d . , p . v i i . 1 5 . J o h n E . E c k , Managing Case Assignments: The Burglary , Investigation Decision Model Replication (Washington, D.C.: 3 . W i l l i a m S p e l m a n a n d D . K . B r o w n , Calling the Police: Citizen Police Executive Research Forum, 1979). Reporting of Serious Crime (Washington, D.C.: Police Executive R e s e a r c h F o r u m , 1 9 8 1 ) . 1 6 . G a r y W. C o r d n e r a n d K a t h r y n E . S c a r b o r o u g h , Police S Administration , 6th ed. (Cincinnati: LexisNexis, 2007), p. 396. 4 . M a r k W i l l m a n a n d J o h n S n o r t u m , “ D e t e c t i v e W o r k : The Criminal Investigation Process in a Medium-Size Police H 1 7 . F r a n k A . C o l a p r e t e , “ T h e C a s e f o r I n v e s t i g a t o r M e n t o r i n g , ” Department,” Criminal Justice Review 9 (1984): 33–39. A Police Chief (October 2004): 47–52. 5 . A National Survey of Police Policies and Practices Regarding the 1 8 . F r a n k A . C o l a p r e t e , “ K n o w l e d g e M a n a g e m e n t i n t h e C r i m i n a l Criminal Investigations Process: Twenty-Five Years After Rand ,N as Investigation Process,” Law and Order (October 2004): 82–89. cited in Charissa L. Womack, Criminal Investigations: The Impact 1 9 . G . H . R einer, T. J. Sweeney, R. V. Waymire, F. A. Newton of Patrol Officers on Solving Crime , master’s thesis, University ofN III, R. G. Grassie, S. M. White, and W. D. Wallace, Integrated North Texas, 2007, retrieved April 23, 2008, from http://digital O Criminal Apprehension Program: Crime Analysis Operations .library.unt.edu/permalink/meta-dc-3594:1 . Manual (Washington, D.C.: Law Enforcement Assistance 6 . H e r m a n G o l d s t e i n , Policing a Free Society (Cambridge, Mass.:N A d m i n i s t r a t i o n , 1 9 7 7 ) . Ballinger, 1977), pp. 55–56. 2 0 . C o l a p r e t e , “ K n o w l e d g e M a n a g e m e n t i n t h e C r i m i n a l 7 . I b i d . 1 Investigation Process.” 8 . G r e e n w o o d a n d P e t e r s i l i a , Criminal Investigation Process , p. vii. 2 1 . A n d r e w S e a m a n , “ F a c e b o o k Te a m s w i t h A g e n c i e s f o r A m b e r 9 Alert Pages,” USA Today , January 12, 2011. 9 . F B I , Uniform Crime Reports: Crime in the United States, retrieved April 3, 2014, from www.fbi.gov . 0 2 2 . “A u t o m a t e d I n f o r m a t i o n S h a r i n g : D o e s I t H e l p L a w Enforcement Officers Work Better?” National Institute of Justice 1 0 . N a t i o n a l A d v i s o r y C o m m i s s i o n o n C r i m i n a l J u s t i c e S t a n d a r d s 9 Journal 253 (January 2006). and Goals, Police (Washington, D.C.: U.S. Government Printing O f f i c e , 1 9 7 3 ) . T 2 3 . A R J I S p u b l i c w e b s i t e , A p r i l 3 , 2 0 1 4 . 1 1 . D o n a l d F. C a w l e y , H . J. Miron, W. J. Aranjo, R. Wassserman,S 2 4 . C o r d n e r a n d S c a r b o r o u g h , Police Administration , p. 334. T. A. Mannello, and Y. Huffman, Managing Criminal 2 5 . P a u l s o n a n d L l a n a , “A f t e r L o n g D e c l i n e . ” Investigations: Manual (Washington, D.C.: National Institute of Justice, 1977). 2 6 . “ D a l l a s P o l i c e D e v e l o p i n g I n t e l l i g e n c e H u b , ” Dallas Morning News , January 16, 2007; MOSAIC, Public Safety Update , retrieved 1 2 . I b i d . October 30, 2008, from www.dallascityhall.com/committee_ 1 3 . I b i d . briefings/briefings0108/PS_010708_MOSAIC.pdf .

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2 7 . M e m o o n D a l l a s P D F u s i o n C e n t e r , J u n e 1 2 , 2 0 0 9 , r e t r i e v e d 45. Information obtained from probable cause affidavit filed in February 11, 2012, from www.scribd.com/doc/25038660/ Sarasota County by Detective Chris Hallisey. Dallas-2009-Fusion-Center. 4 6 . A s s o c i a t e d P r e s s , “ M a n G u i l t y o f K i l l i n g G i r l , ” Everett 2 8 . L e o n F o o k s m a n , “ D e t e c t i v e s f r o m D i f f e r e n t A g e n c i e s i n Herald , November 18, 2005, retrieved July 25, 2006, from www Palm Beach County Team Up to Tackle Violence,” South Florida . h e r a l d n e t . c o m . Sun-Sentinel , June 2, 2006, retrieved April 9, 2010, from the Palm 4 7 . D a m i e n C a v e , “ E i g h t Te e n a g e r s C h a r g e d i n I n t e r n e t B e a t i n g Beach County Sheriff’s Office website, www.pbso.org/index Have Their Day on the Web,” New York Times , April 12, 2008. . c f m ? f a 5 v i o l e n t c r i m e t f . 4 8 . 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