November 1999 Volume 68 Number 11

United States Department of Justice Federal Bureau of Investigation Washington, DC 20535-0001

Louis J. Freeh Director Contributors' opinions and Features statements should not be considered an endorsement by the FBI for any policy, program, or service.

The Attorney General has determined that the publication For this police department, the journey of this periodical is necessary in Law Enforcement Accreditation the transaction of the public By Robert J. Falzarano toward law enforcement professionalism business required by law. Use 1 began with accreditation. of funds for printing this periodical has been approved by the Director of the Office of Management and Budget. Problem–Solving Policing The implementation of problem-solving The FBI Law Enforcement By Loreen Wolfer, 9 policing can lower the level and fear of Bulletin (ISSN-0014-5688) is crime in the community. published monthly by the Thomas E. Baker, and Ralph Zezza Federal Bureau of Investigation, 935 Pennsylvania Avenue, Sweden no longer views violence N.W., Washington, D.C. Sweden’s Response to 20535-0001. Periodical postage Domestic Violence against women as the hushed-up crime paid at Washington, D.C., and 19 of the past but as a serious problem additional mailing offices. By Lars Nylén and Gun Heimer Postmaster: Send address affecting women’s health. changes to Editor, FBI Law Enforcement Bulletin, FBI Drug roadblocks should be designed to Academy, Madison Building, Drug Roadblocks Room 209, Quantico, VA 22135. By Kimberly A. Crawford satisfy Fourth Amendment requirements 27 and the scrutiny of a balancing test Editor developed by the Supreme Court. John E. Ott Managing Editor Kim Waggoner Associate Editors Glen Bartolomei Departments Cynthia L. Lewis Bunny S. Morris Art Director Brian K. Parnell Assistant Art Director 5 Bulletin Alert 15 Focus on Forensics Denise B. Smith Aspergillus Threat Scent Evidence Staff Assistant Linda W. Szumilo 6 Police Practice 25 Book Review

Internet Address Mental Illness Stress Management [email protected]

Cover photo © K.L. Morrison

Send article submissions to Editor, FBI Law Enforcement Bulletin, FBI Academy, Madison Building, Room 209, Quantico, VA 22135.

ISSN 0014-5688 USPS 383-310 Law Enforcement Accreditation One Department’s Experience By ROBERT J. FALZARANO

Photo © George Godoy aw enforcement has be- Despite the critical and com- National Organization of Black come increasingly com- plex nature of police work, the pub- Law Enforcement Executives, the L plex. Officers regularly lic has had a difficult time rec- National Sheriffs’ Association, and deal with life and death issues and ognizing law enforcement as a the International Association of activities that involve the safety, se- profession, “a calling requiring spe- Chiefs of Police joined forces to curity, or welfare of the citizens cialized knowledge and often long develop a set of professional stan- they serve. Moreover, many of and intense academic preparation.”1 dards for law enforcement. Collec- these concerns leave officers and Accreditation represents perhaps tively known as the Commission on their agencies liable for their ac- the first step in establishing law en- Accreditation for Law Enforcement tions in use-of-force incidents, ve- forcement as a profession. Agencies (CALEA), the organiza- hicular pursuits, arrests, searches tion develops standards and admin- and seizures, disciplinary actions, BACKGROUND isters the accreditation process. A and more. These matters affect Twenty years ago, the Police staff of 21 commissioners manages agencies of all sizes and types. Executive Research Forum, the the process. Eleven commissioners

November 1999 / 1 are law enforcement professionals; township home. Twenty-eight can obtain and increase the remaining 10 come from the sworn officers, 4 full-time civilian insurance more easily and public and private sector. The cur- dispatchers, 3 full-time secretaries, often have lower premiums. rent commission includes a county and 3 auxiliary police officers staff • fewer lawsuits and citizen supervisor, a city manager, a direc- the department, which received complaints, as well as the tor of corporate security, a college 27,531 calls for service and handled ability to better defend against professor, a district court justice, 14,490 incident reports in 1996. those they do face. With and a U.S. senator. In 1983, the chief began to look written policies and proce- Since 1983, CALEA has been for ways to improve the depart- dures and well-trained employ- enlisting agencies in a voluntary ac- ment’s delivery of professional ees, agencies not only handle creditation process that ensures a quality services to the community. situations more appropriately, standard of excellence while help- Like many law enforcement lead- but they also can document ing law enforcement agencies attain ers, the chief wondered if accredita- and defend themselves when professional status. Today, over tion would prove beneficial and problems do occur. 600 agencies have achieved ac- practical. Initially, at least, the pro- creditation,2 among them, the Long cess seemed almost incomprehen- • stricter accountability within Hill Township, New Jersey, Police sible. Further study revealed that the agency. The accreditation Department. accreditation holds many benefits process provides for written for departments that dedicate them- directives, sound training, THE LONG HILL selves to the task. clearly defined lines of author- TOWNSHIP EXPERIENCE ity, and routine reports that Long Hill Township, New Jer- The Benefits of Accreditation support decision making and sey, covers over 12 square miles at Accreditation provides a resource allocation. the southern end of Morris County. number of tangible benefits, • support from government It sits between two urban centers: including— officials, who gain confidence Newark and Plainfield. Approxi- • controlled liability insurance in the accredited agency’s mately 10,000 people call the costs. Accredited departments commitment to operating efficiently and meeting community needs, as well as its ability to do so. • increased community advo- cacy. For departments who “ Accreditation have not yet adopted commu- represents perhaps nity policing, the accreditation the first step in process provides a framework establishing law for the department to work with citizens to solve commu- enforcement as a 3 profession. nity problems. Finally, accreditation provides recognition for a department’s abil- ity to meet established standards. It represents the culmination of Chief Falzarano leads the Long Hill a long, but ultimately rewarding, Township, New Jersey, Police Department. ” process.

2 / FBI Law Enforcement Bulletin The Accreditation Process agency’s size, responsibilities, Township’s system comprises five Police leaders interested in functions, organizational structure, categories—rules and regulations, seeking accreditation should re- and management. policy and procedures, special or- solve two issues. First, are they pre- The application package also ders, department memorandums, pared to change? Depending on the includes the accreditation bible: the and training bulletins. These cat- agency, the procedural and admin- standards manual. The manual’s egories form the basis for 16 vol- istrative changes accreditation will nine topics address such areas umes of 175 policies and proce- bring may prove dramatic. Second, as the law enforcement role, re- dures, which contain a wide variety an agency must have the financial sponsibilities, and relationships; of information. For example, vol- and personnel resources needed to prisoner and court-related activi- ume 1 contains the department’s undergo the assessment and make ties; and auxiliary and technical rules and regulations, labor con- the required changes. With the sup- services. Forty chapters encompass tracts, and documentation on the port of their governing bodies, 436 standards that apply to promotion process, personnel agencies can budget for the cost specific operational, administra- evaluations, and inspection ser- of accreditation. Others may need tive, organizational, or fiscal areas. vices. Volume II holds the job de- to find creative ways to obtain scriptions for every position in the funding. agency. A cover sheet references The chief executive officer who the applicable CALEA standard. understands the type of impact that Does each department em- accreditation will have can begin by ...accreditation ployee need to memorize the infor- appointing a full-time accreditation holds many benefits mation contained in every manual? manager to oversee the process. A for departments Of course not. They do, however, large agency probably would need “that dedicate need to be familiar with the policies an accreditation staff. In Long Hill themselves to the and procedures that affect their Township, the chief, who was a work. Still, the accreditation pro- lieutenant at the time, served as the task. cess ensures that a department de- department’s first accreditation velops guidelines to cover every as- manager. Today, a captain handles pect of its operations. At the same the process. time, the directive system remains To begin, the accreditation Of course, all 436 standards would flexible. As new situations develop, manager contacts CALEA to re- not pertain to every agency. Agency the department can implement new quest a free information package. size and mission generally dictate procedures and add them to the ap- This basic information can help which standards apply. The stan- propriate policy manual. For ex- ” ample, special orders cover unusual the agency decide if it wants to ap- dards manual serves as the starting ply for accreditation. A $250 fee point for an agency to develop a events, such as parades. The ability covers the application package and written directive system and to con- for division commanders to issue can be applied to the total cost of duct a self-assessment. written orders as situations or tasks accreditation for agencies that ap- dictate represents an integral part of ply within 6 months. The applica- The Written Directive System a comprehensive, flexible written tion package contains everything an A comprehensive system of directive system. agency needs to study and enroll rules, policies, procedures, and spe- Written directives mean little in the program, including an appli- cial orders represents the backbone without an effective system to com- cation form, an accreditation of accreditation. A written directive municate the policies throughout agreement, and an application system that effectively incorporates the agency. Posting policy and pro- profile questionnaire, which the accreditation standards begins cedural changes, special orders, or provides basic information on the with a uniform format. Long Hill training bulletins in a central

November 1999 / 3 location—the roll-call room, locker managers, can help agencies before deciding whether to award rooms, the break room—gives em- through the process. accreditation. By submitting annual ployees easy access to them. By reports, a newly accredited agency signing a certification page, which The On-site Assessment maintains its status for 3 years. accompanies the directive, employ- With its self-assessment com- Reaccreditation then entails only ees acknowledge that they have plete, the department can schedule a an on-site assessment and final read the posting and understand it. date for the on-site assessment. hearing. In Long Hill Township, first-line CALEA selects the assessors, out- supervisors make sure their offi- of-state law enforcement profes- The Impact of Accreditation cers sign the certification page. sionals who pose no conflict of in- Before accreditation, Long Hill Communication section employees terest with the applicant agency. Township, like many other law sign a separate page because every Three assessors visited Long Hill enforcement agencies, complied procedural change does not apply to with many of the procedural aspects them. of the various standards. However, Signed certification pages get in many areas, the department had stapled to their accompanying di- no formal, written procedures to en- rectives and filed in the agency’s ...the accreditation sure the consistent delivery of ser- manual. If the directive represents a process ensures vices. For example, the department change in policy, the chief marks that a department relied on academy training to teach the former policy “void,” then files develops new officers how to direct traffic. it with the new one. This way, the “ Yet, with no written policy, impor- former policy will be available if guidelines to tant details were overlooked, for in- needed, for example, if a citizen cover every stance, that officers should wear re- files a complaint against an officer. aspect of its flective vests when directing traffic. operations. If the department could not be Self-Assessment sure that officers were wearing re- After filing for accred- flective vests while directing traf- itation, completing the necessary fic, how could it know how officers paperwork, and developing a handled such critical issues as use written directive system, the ac- Township. They spent three 12- of force? Written directives, along creditation manager conducts a hour days reviewing the depart- with a comprehensive, formal train- self-assessment. During this phase, ment’s policies and procedures and ing program that includes written the manager compares the de- checking daily operations to” ensure examinations, help to ensure partment’s policies and procedures that department personnel complied uniform standards for all tasks. with CALEA standards to ensure with the established standards. In addition, the department’s compliance. The manager reviews The assessment team also inter- insurance premiums have decreased department operations with the eye views agency employees and holds $3,000 as a result of accreditation. of an assessor, seeking to uncover a public hearing to garner input Finally, operations, investigations, areas that need improvement before from citizens. The assessors then and service to the community have the actual on-site assessment. Ide- submit their findings to CALEA. improved significantly. ally, someone with accreditation A hearing is scheduled for one experience should help conduct the of CALEA’s quarterly meetings. At CONCLUSION self-assessment. Many states have the hearing, the commission re- Professionalization of any oc- police accreditation coalitions. views the final report and hears tes- cupation occurs when members es- These organizations, whose mem- timony from agency personnel, as- tablish and implement standards of berships include accreditation sessors, and commission staff operation. Accreditation provides

4 / FBI Law Enforcement Bulletin law enforcement agencies with the on this foundation, as others professionalism that citizens expect standards that embody a profession, gain a new-found respect and and deserve. as well as a mechanism to develop appreciation for the department’s policies and procedures to ensure professionalism. Endnotes compliance with those standards. Some administrators may com- 1 Merriam-Webster’s Collegiate Dictionary Agencies committed to the plain that accreditation is costly (Springfield, MA: Merriam-Webster, Incorpo- task develop a written directive sys- or time-consuming. Yet, the cost rated, 1995), 930. tem unique to their circumstances. of accreditation becomes insignifi- 2 Elaine Conner, CALEA, telephone interview, February 23, 1999. With input from employees and the cant compared to the expense of 3 Commission on Accreditation for Law community, departments garner civil liability or the ill will that de- Enforcement Agencies, Inc., Description of support from their constituents velops when citizens feel they can- Standards, 1994, 1-5. while getting closer to the coveted not trust the police to protect reward of accreditation. At the and serve them. Agencies who be- same time, accreditation builds come accredited can foster the

Bulletin Alert

Aspergillus Threat Aspergillus is a group of molds that may pose pathogenic problems. Found throughout the world, they grow in decaying vegetation, including marijuana. Decay occurs from placing harvested green plant material, not adequately dried, in plastic bags. Residual moisture in the marijuana encourages bacterial development, which facilitates the growth of molds. Aspergillus may create health hazards for individuals who work with decaying plant material. Aspergillus fumigatus is diagnosed in 90 percent of all aspergillus infections. Initially a thread- like, flat, white growth, Aspergillus fumigatus becomes a powdery, blue-green mold from the production of spores. Individuals who handle the decaying material may inhale the spores. Physicians have found these spores in the ears, nose, and lungs of humans. Most people are naturally immune to, and do not develop, the aspergillus-related disease, aspergillosis. The severity of aspergillosis involves various factors, including the state of an individual’s immune system or the presence of a predisposed condition. Therefore, individuals with compromised immune systems have a greater risk of infection. Aspergillosis can range from sinusitis conditions to pulmonary infections as severe as pneumonia. Individuals with low immune defenses resulting from medical conditions—such as bone marrow transplant, chemotherapy, AIDS, or major burns—have a moderate risk of infection. In extreme cases, a transfer of the fungus from the lungs through the bloodstream to the brain and other organs can result in death. Law enforcement agencies should mandate necessary procedures to ensure proper handling and packaging of marijuana. Evidence storage facilities must have adequate ventilation and should store only the amount of marijuana required by law for case adjudication.

Submitted by Nancy E. Masters, forensic latent print analyst, Master Consultations, St. Helens, Oregon.

November 1999 / 5 Police Practice

Photo © Don Ennis resistant, or violent toward police officers. Fortu- nately, alternative methods of dealing with individu- als with such illnesses exist. ONE DEPARTMENT’S SOLUTION In 1983, the city of New Orleans, Louisiana, its police department, and the state’s mental health services established a mobile crisis service. The supervisor of the community’s crisis hotline observed that many callers requested intervention in their situations. However, the callers did not want to involve the police because they felt that the situation was not a law enforcement matter. They also did not want emergency medical personnel to respond because the situation was not a physical medical emergency. Therefore, the supervisor developed the idea of having trained volunteers respond to psychiat- Responding to Individuals ric emergencies to provide crisis intervention and mental health assessments. Since that time, every day with Mental Illness between noon and midnight, specially trained volun- By Jeff Wellborn, M. Div. teers from the local area provide crisis intervention and mental health evaluations at the scene of psychi- atric emergencies to which the police department has responded. wo officers respond to a disturbance call. At T the scene, a woman informs the officers that Defining the Volunteer’s Role her brother is behaving violently, threatening family members, and has a history of mental illness. What Although the crisis service is attached to the should the officers do to resolve the situation? Special Operations Tactical Division of the New With the cutback in public funding for mental Orleans Police Department, the volunteers are not health facilities and services, families and communi- sworn law enforcement officers. Instead, they have a ties find themselves seeking alternatives for handling limited commission that empowers them to place uncooperative or violent individuals who are mentally individuals into appropriate mental health facilities ill. One common method involves using local law when such action appears appropriate and when such enforcement agencies. However, police officers individuals are unable to seek help themselves due to receive training in enforcing the law, not necessarily their mental state. This limited commission also gives in interacting with individuals with mental illness. the volunteers broader powers than emergency All too often, law enforcement officers find it medical services (EMS) personnel. For example, difficult to determine whether they are witnessing an unlike EMS personnel, who must obtain an individual’s mental illness manifesting itself or some individual’s consent, crisis service volunteers can type of unlawful behavior. In such cases, officers compel individuals to mental health facilities based generally lean toward their law enforcement training on their observations at the scene. The volunteers and follow procedures for interacting with criminals. base their decisions on their own positive responses to This can lead to citizen complaints and lawsuits when any one of these three questions: it turns out that subjects actually have been diagnosed 1) Are the individuals a potential harm to with bipolar disorder, schizophrenia, paranoia, or themselves? other mental diseases that made them disoriented, 2) Do they pose a threat to others?

6 / FBI Law Enforcement Bulletin 3) Are they gravely disabled either in judgment or Interestingly, in the 16-year history of the service, because of substance abuse? volunteers have sustained injuries in only two cases. Even when a disturbance does not meet these criteria, the crisis service volunteers can have a Measuring the Benefits significant impact. For example, the volunteers often During its operational hours, the crisis service can can convince subjects who exhibit a less violent, respond to about 60 percent of all police calls for milder form of mental illness to seek help from service involving subjects with mental illness who outpatient mental health services, which may prove have become violent. Because the service currently more appropriate to their needs. Also, by directing has only one response unit, police officers handle the such individuals to temporary outpatient services remainder of such calls that the crisis service cannot rather than admitting them to mental health medical cover. In over 85 percent of the calls that the service facilities, the volunteers help reduce the burden on can answer, volunteers successfully intervene and limited public resources. defuse the subjects by the time they reach the receiv- ing mental health facility. These successful interven- Training the Volunteers tions include individuals with Alzheimer’s disease, The average volunteer ranges dementia, alcoholism and other in age from 30 to 40 and holds a substance addictions, bipolar master’s degree. Many do not work disorder, schizophrenia, paranoia, in the field of mental health but suicidal and homicidal thoughts, come from a variety of professions, ...police officers depression, and posttraumatic including teaching, law, medicine, “receive training in stress disorder. and various trade and service enforcing the law, The crisis service has al- occupations. Regardless of their lowed police officers to concen- regular employment, all volunteers not necessarily in trate on law enforcement duties, receive nearly 3 months of class- interacting with relieved the prison system by room instruction, consisting of individuals with diverting subjects to appropriate police procedures, report writing, mental illness. mental health facilities, and interacting with individuals who saved the city of New Orleans are mentally ill, basic first aid, approximately $300,000 per year. CPR, nonviolent physical crisis Further, this intervention has intervention, and safe-driving ” reduced the number of lawsuits training. In addition to the classroom instruction, all filed against police by individuals who are mentally volunteers must participate in a ride-along field ill or their advocates. training program for seven shifts. Individuals with mental illness also benefit from this system. Often, subjects recognize the volunteers. Funding the Service This usually helps these individuals realize that they The crisis service receives funds from both the will receive the care they need as opposed to facing New Orleans Police Department and the Louisiana criminal proceedings. In many cases, individuals with Office of Mental Health. The state currently provides mental illness are relieved to see the crisis service $150,000 annually for the purchase of emergency arrive and, with the assistance of the trained volun- vehicles, office supplies, and a full-time staff, as well teers, can calm themselves and avoid a potentially as for volunteer recruitment and incentives. The dangerous situation. For example, the successful police department provides office space, vehicle fuel resolution of the scenario at the beginning of this and maintenance, insurance, and the services of a article may illustrate best the benefits that the crisis police sergeant to command the unit. The insurance service can bring to all involved parties. After the coverage for the volunteers and vehicles stems from trained volunteers arrived at the scene, they per- other volunteer programs of the city government. formed a mental health status evaluation of the man,

November 1999 / 7 while the officers maintained everyone’s safety. The psychiatric emergencies. In this way, they can see the volunteers observed that the man was acting paranoid, program at work while developing a clearer picture of experiencing audio hallucinations, and becoming the mental health of residents in their communities. progressively physically agitated. In talking with the Working together, the mental health personnel and the man, they found that he did not know the time, date, crisis service volunteers can treat individuals with his name, and where he lived. He changed subjects mental illness humanely and with dignity and ensure and ideas rapidly, forgot questions posed to him, and that these subjects receive the most appropriate told the volunteers that he felt services available. angry. Finally, in a lucid moment, the man admitted that he had CONCLUSION stopped taking the medications The successful resolution of prescribed by his doctor to control ...crisis service psychiatric emergencies illustrates his mental illness. Based on these “volunteers can the effectiveness of timely, appro- observations, the volunteers priate intervention. However, for determined that without his compel individuals too long, law enforcement officers; medications, the man was gravely to mental health not trained mental health workers, disabled and posed a danger to facilities based on have had to shoulder the burden of himself and others. Thinking that their observations responding to situations involving the officers wanted to arrest him, at the scene. violent individuals with mental the man became more agitated. illness. The New Orleans, Louisi- The volunteers explained that he ana, Police Department developed was not under arrest but in need of a unique and cost-effective method help. They told him that they ” of handling these types of incidents would take him to a hospital for a complete evalua- by creating a crisis service staffed by trained volun- tion. Once he understood that he was not going to jail, teers who intervene in psychiatric emergencies, he visibly calmed down. The volunteers transported conduct mental health examinations at the scene, and him to the hospital, and the officers returned to their transport subjects to hospitals when appropriate. law enforcement duties. This service can benefit the police, the commu- Mental health professionals benefit from the nity, and individuals with mental illness. Police crisis service’s existence, as well. When volunteers officers can concentrate on the law enforcement transport subjects to mental health facilities, they give duties for which they are trained; communities can the staff copies of the reports that they made at the save money by using trained volunteers rather than scene of the incident. This allows hospital personnel officers to intervene; and individuals with mental to fully understand how the subject’s behavior at the illness can receive more appropriate services. Addi- scene prompted the volunteers to recommend treat- tionally, mental health professionals can see firsthand ment. For example, the staff may observe a calm what police officers face when a psychiatric emer- individual who tells them, “I was just sitting at home gency occurs in their community. In short, the New when the police busted in and brought me to the Orleans Police Department’s Mobile Crisis Service hospital.” The volunteers’ report reveals that, in shows how cooperation between law enforcement and reality, the individual was wrecking the house and mental health officials can bring about a positive threatening to commit suicide. This reporting method change in law enforcement’s response to individuals leads to a more thorough evaluation of the subject, with mental illness. rather than a quick, superficial examination and release. Mr. Wellborn is the program administrator for the New In another aspect of the program, mental health Orleans, Louisiana, Police Department’s Mobile Crisis Service. professionals from local hospitals often ride along with crisis service volunteers when they respond to

8 / FBI Law Enforcement Bulletin Problem-Solving Policing Eliminating Hot Spots By LOREEN WOLFER, Ph.D., THOMAS E. BAKER, M.S., M.Ed., and RALPH ZEZZA

n a small town in Pennsylva- littered appearance of the park area as well as the fear of crime among nia, a local park that was once a and the overgrown shrubs that hid citizens. I safe, quiet area that local resi- an adjacent railroad property en- dents and children used for recre- couraged these deviant behaviors. PROBLEM-SOLVING ation became the object of repeated As a result, this area served as a STRATEGIES calls for police service. Many of the crime “hot spot” for drug abuse and In recent years, the philosophy complaints involved vandalism and sexual activity that, in turn, helped of community-oriented policing has substance-abuse-related offenses. generate a fear of crime among gained a significant position in For example, drug dealers and juve- residents. American law enforcement proce- niles terrorized elderly residents in Using the SARA (scanning, dures. The strategic planning pro- an adjacent apartment complex and analysis, response, and assessment) cess for the philosophy remains the destroyed property owned by citi- model of problem solving, law problem-solving policing model of zens living in the area surrounding enforcement agencies can address SARA.1 These problem-solving the park. The vandalism appeared crime in particular areas of a strategies focus on crime generators to result directly from abuse of alco- community. The SARA model and hot spots that plague law en- hol and other drugs. Also, the helps police reduce the crime rate, forcement agencies in the United

November 1999 / 9 Dr. Wolfer serves as an assistant Assistant Professor Baker Officer Zezza is the director of professor in the Sociology/ teaches in the Sociology/Criminal police services in the West Criminal Justice Department at Justice Department at the Pittston, Pennsylvania, Police the University of Scranton in University of Scranton in Department. Scranton, Pennsylvania. Scranton, Pennsylvania.

States. Specific problem-solving ning important? Community in- motives, opportunities, and means activities to eliminate these hot volvement remains the essential for individuals to commit crimes. spots include working with citizens ingredient for reducing the fear of This information provides officers through such programs as Neigh- crime. Crime prevention surveys with the exact times and kinds of borhood Watch and coordinating provide core information concern- offenses committed, the offenders’ with potential “guardians” (e.g., lo- ing criminal behavior for police pa- methods of operation, the targets of cal business owners and residents) trol and Neighborhood Watch pro- attack, and the crime generators and to increase surveillance and ter- grams. After developing criminal hot spot locations. Further, crime ritorial control. Law enforcement intelligence, police officers can use prevention surveys can determine agencies base SARA solutions to this information as the foundation the underlying causes of crime, aid hot spots on information obtained for coordinating community pro- in eliminating opportunities for of- from citizen and crime prevention grams. Without the development of fenders to detect victims or criminal surveys. accurate criminal information, little targets, and assess situations based Why focus on hot spots? Resi- opportunity exists for planned citi- on individual needs. dential locations can generate as zen involvement or successful tacti- After gathering this informa- much as 85 percent of the repeat cal strategies. Moreover, only when tion and carefully analyzing the calls for service. Moreover, re- agencies conduct the assessment problem and causative factors, of- search indicates that in many com- of the present condition (where is ficers can implement appropriate munities, more than 50 percent of the department now?), can they responses. For example, they can the calls for service come from only project its future status (where is the pinpoint hot-spot locations through 10 percent of the locations.2 Identi- department going?). Therefore, pre- computer mapping and photo- fying these hot spots through crime vention represents an ongoing graphs. Then, they can outline the analysis and crime-specific plan- process that requires planning problem by numbering the offenses, ning can lower the level and the fear strategies, implementing responses, plotting the times and places crimes of crime. evaluating effectiveness, and modi- occurred, and noting the techniques fying approaches. used to commit the crimes. Finally, SCANNING Crime prevention surveys by establishing goals and priorities Why are crime prevention gather information that can help to determine where they need police surveys and crime-specific plan- police officers eliminate the patrols, officers can attack these hot

10 / FBI Law Enforcement Bulletin spots in an effective and efficient between each. By asking who, characteristics. Blocking out on a manner. what, when, where, how, why, and map neighborhood areas that have a Although similar to problem- why not about each side of the tri- frequency of crime occurrences oriented policing, crime-specific angle, as well as observing the way shows where most illegal acts occur planning approaches crime prob- these elements interact, analysts and subsequently targets these loca- lems by considering the underlying can understand what prompts cer- tions and the levels of crime inten- factors that characterize each type tain crime problems.5 sity. The criminal analyst then ap- of offense.3 Crime-specific plan- Law enforcement agencies use plies the techniques of spatial ning aids problem-oriented policing crime potential forecasts to attempt analysis and crime templating. by using proactive measures aimed to determine future crime events. at protecting citizens and property. Forecasting depends primarily on Determining Spatial Relations For example, law enforcement historical analysis of cyclic, peri- Criminals do not move ran- agencies task police personnel and odic, or specific events. The histori- domly through neighborhoods—a allocate equipment based on crime cal data can explain the context of predictable pattern usually exists. A analysis results and crime-specific the present and anticipated crimes criminal who is motivated to com- programming. Also, crime analysis mit crimes uses cues to locate, iden- can improve community relations tify, and target sites and hot spots. by graphically illustrating criminal Experience provides the offender patterns to citizens’ crime watch with serial cues associated with en- programs. The SARA model ex- The SARA model vironmental opportunities and panded on these early strategies by helps police reduce risks. For example, familiarity with examining the geographical, cul- the crime rate, as a neighborhood reinforces criminal tural, and economic aspects of the patterns, a process often referred to hot-spot location, along with the re- “well as the fear as cognitive mapping or mental im- lationship between the victim and of crime among aging. Consequently, offenders the offender. citizens. plan potential crimes and make de- cisions based on template informa- ANALYSIS tion.6 Designated hot spots provide Officers must understand the criminals with mental images for actions and interactions among of- safe havens—places where crimi- fenders, victims, and the crime while focusing on problem loca- nals feel they can commit crimes scene before developing appropri- tions. Officers benefit from using with less chance of detection. ate responses. Criminal intelligence spot maps and computers when tar- Microanalysis of criminal be- information gathered in crime pre- geting crime sites and time” frames havior links this criminal conduct to vention surveys serves as the foun- from past experience and criminal geography. This type of analysis dation for this analysis. However, information. Data from crime series represents the processing and selec- the intelligence process also in- and pattern analysis can provide as- tion of mental cues and images se- cludes analysis and dissemination sistance when estimating future tar- lected by the offender. Therefore, of criminal information. get locations and times. For police leaders use templates to un- A crime cannot occur without example, analysis of the neighbor- derstand offender patterns and pre- the presence of the three elements hood spatial, cultural, and psycho- dict likely courses of action. that form a crime triangle: the of- logical characteristics may produce fender, the victim, and the crime valuable crime-specific informa- Identifying Crime Templates scene or location.4 Accordingly, tion. Spatial analysis generally fo- Crime prevention surveys also crime analysts must discover as cuses on a small geographical area can assist in identifying the criminal much as possible about all three and includes physical, demo- mindset or template. Templates sides while examining the links graphic, and crime history provide a means for continuous

November 1999 / 11 identification of offenders and their would prove a poor choice for surveillance impossible. Illegal ac- vulnerabilities. The templates can criminal activity. tivities remained undetectable by help reveal travel patterns and anyone passing through the area, methods of operation and help of- Analyzing Crime Data thereby creating a hot spot. The ficers predict how and where of- In the park case study, police guardians were unable to view the fenders may select activities and officers found that crime-specific area and engage in surveillance. crime sites. The hot spots serve as analysis and crime templates Poor park maintenance contributed focus points for analysis and crime showed that the pattern of criminal to the destruction of the social envi- prevention responses. In summary, behavior was restricted to a small ronment. Crime template analysis templates have several advantages. geographical area. Crime statistics revealed that when youths used al- They help 1) estimate locations revealed a history of offenses sur- cohol and other drugs, they commit- where critical events and activities rounding the park. The data indi- ted more crimes. This social might occur, 2) identify victims and cated that the offenders moved to disinhibitor, alcohol, prompted crime scenes, 3) project time-re- and from an adjacent jurisdiction, them to target victims and engage in lated events within crime sites or often using a bridge joining the two criminal behavior. An ideal crime hot spots, 4) present mapping tech- areas. site or safe haven reinforced these niques, and 5) determine a guide for behaviors. A minimal risk of appre- tactical decisions and proactive pa- hension existed; therefore, the trol allocations. While a template crime site continued to serve as a may be unable to predict exactly hot spot. when and where a criminal will Crime prevention strike next, it provides information surveys...can help RESPONSES that can help police choose appro- police officers Crime-specific analysis and priate courses of action. For ex- eliminate the motives, crime prevention surveys can sys- ample, in many instances, police of- “ tematically appraise the social and ficers have determined that opportunities, and geographic features of a hot spot templates indicate that crimes often means for individuals and safe haven. For example, in the occur only short distances from an to commit crimes. case study, crime analysis revealed offender’s residence. that sellers and buyers could moni- tor the approach of the police Travel Distance officers or individuals who might Offenders gain template knowl- report illegal activities. The physi- edge from familiar environmental The offenders and the victims cal terrain and geography provided experiences (e.g., living in a certain remained close in time and space— an awning for drug transactions. geographical area). Most property only a walk of a distance of fewer Moreover, offenders created sev- crimes, such as vandalism, are com- than 400 yards. Mapping” tech- eral escape routes by opening holes mitted within 2 miles’ travel dis- niques traced the offenders to a par- in the surrounding park fence. After tance of the offender’s residence. ticular residential area fewer than 2 acquiring relevant accurate infor- Yet, offenders may avoid targets miles from where they lived. mation, law enforcement officers closer to home because of the risk of In this case, the juveniles ob- developed numerous proactive apprehension. Opportunity, reward, tained their alcohol or other drugs responses. and fear of arrest determine the dif- and then hid in the overgrown ference between “good” and “poor” brush along the railroad tracks. This Law Enforcement Responses crime hot spots.7 An area that pro- secluded hot spot was adjacent to In the case study, law enforce- vides cover and concealment repre- the bridge and park. The unkempt ment agencies developed and sents a favorable hot spot, whereas vegetation obstructed the local implemented several countermea- a well-lit, heavily patrolled area residents’ view, making natural sures based on crime prevention

12 / FBI Law Enforcement Bulletin survey responses: 1) installing direct-deterrent patrol and target- Watch and other community pro- closed-circuit television surveil- oriented patrol provided the best grams. Citizens feel safer when lance cameras, 2) repairing dam- strategies. Direct patrol differs from crime prevention initiatives give aged fences, 3) improving lighting, traditional patrol methods because them an opportunity to become in- 4) locking the park fence during the patrol officers perform certain spe- volved in their communities. Police evening hours, 5) limiting access, cific, predetermined preventive departments can strategically em- and 6) posting and enforcing such functions. Patrol movements are ploy bicycle and foot patrols, as signs as “Park Rules and Regula- planned on the basis of crime-spe- well as coordinate with parents to tions.” In addition, pruning the cific planning and systematic pro- determine their willingness to coop- shrubbery around the park and cre- cedures. Officers perform preven- erate with nearby guardians. Police ating a defensible space improved tive activities on the basis of spatial presence and high-profile tactics natural surveillance. These correc- analysis, crime incidents, offender help reduce the fear of criminal tive actions gave a visible warning characteristics, methods of operat- behavior. that the police and local residents ing, and offender templates. For ex- A crime newsletter and ongoing cared about the park and were deter- ample, in some geographical areas, communication between the police mined to abolish criminal behav- foot and bicycle patrols have sev- and citizens proved beneficial to iors. For example, youthful offend- eral advantages because of terrain. community residents in the case ers used a pay telephone to page study. For example, in addition to drug dealers. However, with the co- the strategies discussed, monthly operation of the telephone com- neighborhood meetings addressed pany, officers had the telephone accurate crime statistics and steps booth removed. Coordination with taken to improve the situation. Co- railroad authorities helped elimi- operation and communication be- nate overgrown vegetation that tween the police and local residents blocked public view. Officers also resulted in a reduction of crime, as contacted the guardians with the well as the fear of crime. best view and encouraged them to report suspicious activities in the Offender Responses park and surrounding railroad area. The police discovered that the The emphasis on crime analysis same group of individuals commit- and proactive patrol reduced the ted a series of related crimes. Sev- need for redundant calls for service. eral unique, repeated incidents Crime-specific planning improved (e.g., ringing doorbells of residents tactical responses and freed patrol With target-oriented patrol, who lived in the immediate park officers to respond to emergency when officers are not responding to facility) identified specific group situations more effectively. Spatial calls, they may monitor particular activities. Crime-specific analysis analysis and crime templates served routes to interrupt criminal patterns revealed that alcohol and other as the foundation for identifying hot developed under analysis and drug- and party-oriented activities spots and patrol techniques in this crime-specific planning. Agencies became the common denominators community. target high-risk areas and certain for these acts. Psychological The concept of random patrol types of crimes using location- and disinhibitors such as alcohol and proved less productive than em- offender-oriented patrol. other drugs often facilitate vandal- ploying direct-deterrent patrol and ism. These ingredients undermine target-oriented patrol. The depart- Victim Responses social or moral inhibitions and im- ment changed patrol coverage The level and fear of crime pair judgment and restraint, making based on offender location lessen after communities success- offenders less aware that they are and crime site. In the case study, fully establish Neighborhood breaking the law. Corrective actions

November 1999 / 13 (controlling drinking in public A decreased level of crime that basic tool for accomplishing these and semipublic areas) limit these can be measured by such factors as goals. This tool assists police lead- factors. lower levels of vandalism and drug ers in identifying hot spots and In addition, during the summer, abuse will provide the most dra- crime templates. Crime analysis teenagers who do not participate in matic indicator of the program’s allows police leaders to become meaningful activities have too success. Another indicator of suc- proactive. The strategic planning much leisure time and become cess is the level of the fear of crime. and anticipation of events can bored. As a result, they loiter at In the case study, a decrease in the produce valuable tactical informa- many community locations and fear of crime among individuals liv- tion. The SARA model can assist have more opportunities for crimi- ing near the park after the depart- law enforcement agencies by focus- nal activities. The creation of sum- ment implemented crime preven- ing on specific problem-solving mer recreation programs may assist tion measures indicated successful approaches. in more productive leisure activities problem solving. Accurate criminal intelligence for these youths. Coordination with remains essential to the process of the parents, school district, and rec- analysis and the ultimate success of reation department may provide problem-solving policing. Once de- some solutions. partments acquire the necessary Agencies data, they can develop and imple- ASSESSMENT should not ment analyses and tailor-made re- When agencies design commu- displace the sponses to eliminate one or all of nity crime prevention programs, “ problem to the sides of the crime triangle—the they often neglect the assessment offender, the victim, and the loca- process, which measures the inter- another area. tion of the crime. vention results concerning the level In a time of diminishing re- and fear of crime. Statistical analy- sources, the police must learn to do sis of citizen surveys will help de- more with less. The cost of crime termine successful interventions. In prevention is minimal; however, the case study, the evaluation phase Agencies should not displace the opportunities and rewards are consisted of a preassessment that the problem to another area. In the optimal. provided information on hot spots case study, the problems in the park and a postresponse assessment de- could move to a nearby jurisdiction” Endnotes signed to evaluate the effectiveness across the bridge. Crime displace- 1 H. Goldstein, Problem-Oriented Policing of the policing tactics. ment—the movement from the (New York: McGraw-Hill, 1990), 32. Moreover, prevention pro- crime hot spot to alternate crime 2 U.S. Department of Justice, Bureau of grams generally fail to address the sites—can occur in certain areas, by Justice Assistance, “Neighborhood-Oriented effect of the program outside the Policing in Rural Areas: A Program Planning time, method of attack, victim of Guide,” August 1994, 44. target area. In the case study, areas attack, and change of criminal of- 3 B.D. Cummings, “Problem-Oriented external to the park served as con- fense. Departments must consider Policing and Crime-Specific Planning,” The trol groups and receive comparison displacement when evaluating Chief of Police, March 1990, 63. with the target area. The results of 4 Supra note 2. crime prevention programs. 5 W. Spellman and J.E. Eck, “Sitting Ducks, the intervention effort showed that Ravenous Wolves, and Helping Hands: New the level of crime tended to shift CONCLUSION Approaches to Urban Policing,” Public Affairs away from the park to areas where Crime prevention requires con- Comment (Austin, TX: School of Public other law enforcement departments stant vigilance and thorough, Affairs, University of Texas, 1989). 6 Ibid., 344. have not implemented crime pre- crime-specific planning. A crime 7 Ibid., 343. vention efforts. prevention survey provides the

14 / FBI Law Enforcement Bulletin Focus on Forensics

The Benefits of Scent Evidence By Robert Hunt, M.A.

n July 1998, a migrant worker in Northern telephone records, they apprehended the suspect in I California lured two men, a woman, and the Southern California. woman’s son and daughter into a cow pasture, where Though often overlooked at a crime scene, scent he had prepared a grave site 2 weeks earlier. First, the evidence can help investigators solve a number of suspect shot the men and placed them into the grave. cases. With an understanding of its capabilities, law Then, he restrained the woman and sexually assaulted enforcement officers can use scent evidence as an in- her in front of her two small children. While the vestigative tool. suspect bludgeoned the boy and buried him, the woman managed to escape. After burying the young Understanding Scent girl alive, the suspect fled. By definition, scent is the “bacterial, cellular, and Fortunately, within 24 hours of this quadruple vaporous debris enshrouding the individual.”1 Known murder, scent-discriminating dogs found the material collectively as “raft,” this debris consists primarily of used to restrain the woman, located the grave site, dead or dying skin cells, which the body sheds at a and provided investigators with leads indicating the rate of approximately 40,000 each minute.2 Air suspect’s whereabouts. By following the suspect’s currents project the raft upward and away from the scent trail and using eyewitnesses accounts, inves- body, much like a plume. The debris becomes depos- tigators identified a pay telephone the suspect had ited in the environment in a conically shaped pattern used. From information obtained from subpoenaed known as the scent trail.

November 1999 / 15 On average, humans lose approximately 1 to 2 1/2 breeds in police work, the bloodhound, with its keen quarts of water through perspiration each day, with that sense of smell and innate determination, remains the amount greatly increasing as activity and temperature best suited for locating individuals and evidence.6 intensify.3 Becoming saturated with perspiration and A properly trained dog can successfully follow skin oils, raft serves as a “breeding ground” for the trails of up to 10 days old. Still, because human scent is bacteria normally found on the skin.4 This action of affected by such environmental elements as wind, tem- bacteria on cellular debris may, in fact, form the basis perature, humidity, and other factors and also dimin- of the human scent trail. Although culture, diet, envi- ishes with time, a dog should begin working within 24 ronment, heredity, and race influence it to some degree, hours. Law enforcement agencies that bring dogs into the combination of bacteria, vapor, and cellular debris an investigation right away increase the odds of pre- is believed to be unique to the individual, accounting serving vital evidence. for the singularity of human scent. Preserving the Crime Scene Using Scent Evidence Law enforcement first responders should make The uniqueness of human scent permits law every effort to preserve the crime scene or the last enforcement to use scent evidence to known location of a missing person (“point last 1) follow a suspect directly from a crime scene; seen”). To do this, they first should limit access to the area. A perimeter of at least 200 2) determine a suspect’s feet around the scene can prevent direction of travel from a contamination and give dogs and crime scene, possibly locating their handlers an adequate area in additional evidence that the which to obtain a scent trail. suspect drops, abandons, or Because automotive exhaust masks unwittingly leaves behind “Anything a suspect scent, individuals arriving at the (e.g., footprints or tire tracks); has touched, worn, or eliminated... scene should turn off their ve- 3) ascertain the whereabouts hicles’ engines. of a suspect; can serve as scent evidence.... Pets also should be confined. 4) identify a suspect in a Although keeping individuals from lineup; contaminating the crime scene may prove particularly difficult in 5) place a suspect at a particu- some cases—for example, in lar crime scene or location; ” missing-child investigations, 6) establish probable cause; and where anxious family members and friends gather at 7) locate and recover missing persons, whether the scene—doing so gives law enforcement the best dead or alive. chance to collect critical evidence. Law enforcement agencies cannot rely on scent evidence alone to accomplish these tasks; they must Collecting Scent Evidence use specially trained dogs to link the evidence to the Anything a suspect has touched, worn, or elimi- individual and the crime. nated (e.g., bodily fluids, including blood and urine) can serve as scent evidence, but articles of clothing Working with Scent-Discriminating Dogs worn close to the skin work best. Investigators should Dogs have an extraordinary number of olfactory avoid collecting clothing from hampers because it sensory cells (220 million in a sheep dog, compared likely contains the scent of other family members or to 6-10 million in humans), enabling them to smell roommates. 44-100 times better than human beings.5 Although Investigators or evidence technicians should law enforcement agencies have used a number of collect the scent evidence, handling it with clean,

16 / FBI Law Enforcement Bulletin Law Enforcement Scent Evidence Resources These associations represent a sample of the organizations that provide assistance and training in scent evidence to law enforcement officers, administrators, and handlers. These organizations specialize in the use of bloodhounds. National Police Bloodhound Association Law Enforcement Bloodhound Association http://www.icubed.com/~npba/ http://www.leba98.com/ Cpl. Doug Lowry Brian Joyner Maryland State Police Veteran’s Administration Police 301-733-0951 Tomah, Wisconsin, 608-372-1706

unpowdered latex gloves and placing it in clean victim. The evidence was then stored and later used to plastic (e.g., food storage) or paper bags. Garbage identify the suspect when he arrived at the sheriff’s bags often contain odor-inhibiting coatings, which office for a consensual interview. A bloodhound, once make them unacceptable evidence storage devices. scented, identified the vehicle that the suspect had The bags should be properly sealed, labeled, and driven to the interview and successfully trailed him stored for future use, preferably in a refrigerator or into the interview room. freezer. Agencies also may use a plastic bag made specifically for collecting evidence that can be heat Presenting Evidence in Court sealed. Because state laws vary, law enforcement officers One technique used to minimize contamination should consult their department’s legal advisors or involves taking a clean plastic bag, placing a hand on local prosecutors before using scent evidence. In the bottom of the bag, pushing the bottom through the general, however, the courts have accepted scent bag, and grasping the scent material. The investigator evidence, provided that agencies meet certain condi- or evidence technician then pulls the material back tions. For example, at least one court has ruled that an into the bag and seals it.7 agency must establish the qualifications of the handler Investigators can use scent pads to obtain evi- and the dog and properly protect the crime scene.9 dence from items they cannot take from the scene. Another court ruled that scent evidence alone cannot They simply take a sterile gauze sponge and place it support a conviction.10 In another case, the court ruled on or wipe it across an article with which they believe that evidence of a dog’s tracking is admissible pro- the suspect has had contact. The longer the sponge vided that the dog has been trained to track humans; it sits on the item, the better. The same evidence- has proven reliable in such training; and the handler gathering rules used for other scent evidence apply places the dog on the trail within the dog’s period of to the retrieval and storage of scent pads. efficiency and in a location where evidence or cir- An officer with the Niagra County, New York, cumstances indicate the suspect has been.11 In all Sheriff’s Office has designed a device that vacuums of these cases, a common denominator exists: dog scent from an object onto a sterile gauze pad, leaving handlers must document their own and their dogs’ fingerprints and other trace evidence intact.8 In one experience, skill, training, and reputation when called case, a man had been suspected of the kidnapping upon to do so. and attempted murder of his former girlfriend’s new suitor. Personnel from the sheriff’s office used the Conclusion machine to obtain scent evidence from the vehicle The scene of a crime often contains sufficient from which the suspect allegedly had abducted the evidence to convict the offender. Yet, investigators

November 1999 / 17 trained to look for visual clues may miss other 5 Piet Vroon, with Anton von Amerongen, and Hans de Vries, Smell: important evidence, namely scent. Because the scent The Secret Seducer, trans. Paul Vincent (New York: Farrar, Straus, and Giroux, 1994), 27. of every human being is nearly as unique as a finger- 6 The National Police Bloodhound Association provides search and print, scent evidence can help investigators find rescue assistance and conducts training seminars for law enforcement missing persons, uncover evidence, and locate sus- bloodhound handlers. For more information, contact Cpl. Douglas Lowry, pects and link them to specific crimes. Maryland State Police, 301-733-0951. 7 Bill Tolhurst, The Police Textbook for Dog Handlers (Sandborn, Properly recognizing, collecting, preserving, and NY: Sharp Printing, 1991), 33. presenting scent evidence remain key to its use as an 8 For more information, contact Bill Tolhurst, 383 Willow Street, investigative tool. An experienced handler and well- Lockport, NY 14094-5512, 716-434-4126; for orders, contact Larry trained dog increase the odds for the successful Harris, 1807 Highland Drive, Newport Beach, CA 92660-4402, 949-548- 0782. discovery and application of scent evidence. 9 Terrell v. Maryland, 239 A.2d 128 (Md. App. 1968). 10 People v. Perryman, 280 N.W.2d 579 (Mich. App. 1979). 11 People v. Centolella, 305 N.Y.S.2d 460 (Oneida County Ct. 1969). Endnotes 1 William G. Syrotuck, Scent and the Scenting Dog (Rome, NY: Formerly assigned to the FBI’s Critical Incident Response Arner Publications, Inc., 1972), XIII. Group as coordinator of the K-9 Assistance Program, 2 Ibid., 37. Special Agent Hunt currently serves in the Practical 3 Patricia Deuster, Anita Singh, and Pierre A. Pelletier, The Navy SEAL Nutrition Guide (Bethesda, MD: Uniformed Services University of Applications Unit at the FBI Academy. For information on the Health Sciences, 1994), 51. the FBI’s K-9 Assistance Program, contact Special Agent 4 Milo D. Pearsall and Hugo Verbruggen, M.D., Scent: Training to Gregory Cox at 703-632-1539. Track, Search, and Rescue (Loveland, CO: Alpine Productions, 1982), 15.

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18 / FBI Law Enforcement Bulletin © PhotoDisc Sweden’s Response to Domestic Violence By LARS NYLÉN, LL.M., and GUN HEIMER, M.D., Ph.D. n 1993, the United Nations ap- women in a democratic Europe. Ad- “Violence at home is a proved a declaration calling for ditionally, through the World significant reason for I the elimination of violence Health Organization, the United disability and death among against women in all of its forms, Nations began to view this violence women, both in the industrial- from violence within marriage and as a female health issue.2 ized world and in developing sexual harassment in the workplace With the final report of the countries.”1 to female genital mutilation and Committee on Violence Against —Rebecca and forced prostitution. These issues Women in June 1995, the issue of Russel Dobash were discussed further at the U.N. violence against women also started Fourth World Conference on to attract significant attention in Women held in Beijing in 1995. At Sweden.3 As in most Western coun- about the same time, the European tries, Sweden’s response to vio- Council issued a declaration with lence and threats against women strategies to fight violence against has varied considerably in the last

November 1999 / 19 decade. Swedish society has begun integrity, covers repeated acts com- In September 1998, the Uppsala to view domestic violence against mitted by men against women with District Court issued one of the first women not as the silent, hushed-up whom they have a close relation- sentences based on the new offense. problem of the past but as a serious ship. Its companion offense, gross On four occasions during a 6-week situation affecting the health of violation of integrity, protects period in the summer of 1998, a women. children and other close relatives. man had battered his cohabitant, In the past, to prosecute a do- The new offense means that if a once bruising her entire face and, on mestic violence case, prosecutors man commits certain criminal acts another occasion, beating her se- needed explicit accusations from (e.g., assault, unlawful threat or verely and knocking out a tooth. victims. In addition, Swedish legis- coercion, sexual or other molesta- The court sentenced the man to 10 lation mandated that the courts view tion, or sexual exploitation) against months in prison. each criminal act as an isolated mat- a woman to whom he is or has ter. Courts rarely could consider the been married or with whom he is or Understanding the Crime aggravating circumstances or the has been cohabiting and seriously With the change in Sweden’s number of repeat occurrences per- damages her self-confidence, the attitude about violence against petrated by an offender. Moreover, courts can sentence him for gross women, police officers began to ex- the Swedish legislature previously violation of the woman’s integrity amine the crime and its impact on viewed reconciliation between the in addition to sentencing him on society. Swedish police consider involved parties as preferable to ju- each traditional crime, such as ag- violence against women as the most dicial intervention. gravated assault. In this way, the extreme example of the imbalance Now, domestic violence is a new legislation allows the courts to or disparity between the sexes and general indictable crime. On July 1, take into account the entire situa- a phenomenon that cannot be 1998, the government introduced tion of the abused woman and in- explained in the same way as other a new offense into the Swedish Pe- crease the offender’s punishment to crimes. In support of this belief, a nal Code. One part of the new of- fit the severity and frequency of the process known as normalization5 il- fense, gross violation of a woman’s acts.4 lustrates the difference between how men and women may rational- ize domestic violence and may help explain why this type of violence continues to plague modern society. For men, the normalization process is a goal-oriented strategy designed to control women and prove their own masculinity. For women, the normalization process represents a defense mechanism, a way of ratio- nalizing, adopting, accepting, and surviving the man’s behavior. She makes excuses for him (e.g., it was her fault, he did not mean to do it, he is worried about something) and Commissioner Nylén heads the Dr. Heimer heads the National Center blurs the limits of what constitutes National Criminal Investigation for Battered and Raped Women, at acceptable and unacceptable behav- Department in Stockholm, the Department of Obstetrics and ior. Eventually, she may accept the Sweden. Gynecology, Uppsala University violence as a part of her life and Hospital, in Uppsala, Sweden. gradually become more isolated.

20 / FBI Law Enforcement Bulletin This process has much in common the way police obtain evidence in may blame themselves or give with survival strategies where the such cases. To fulfill the demands statements that exonerate the of- victim identifies with the aggressor, of a proactive, preventive approach, fender. At the same time, suspects for example, the Stockholm Syn- the Swedish police have had to may offer persuasive arguments in drome, which experts have ob- study the dynamics of domestic vio- attempts to disavow their actions. served in concentration camp set- lence, which make evidence gather- Officers must prepare them- tings and in hostage situations. ing especially difficult. selves for these circumstances and For many, home represents a For example, domestic violence may need to gather evidence in safe haven, but for some women, victims often experience one or other ways. For example, thorough home is a dangerous place. Accord- more of the following concerns: medical examinations can help ing to the statistics collected by • fear of retaliation by the overcome the difficulties inherent women’s shelters in Sweden, a perpetrator or relatives; in these cases, and officers should woman is battered every 20 min- cooperate with such specialists • desire to protect next of utes, and every year, 25 to 30 as gynecologists, pediatricians, kin from the perpetrator’s women in Sweden are battered to psychiatrists, and medical examin- aggressiveness; death by their husbands.6 In a Cana- ers in order to get a complete and dian study of 12,000 women, 51 • risk of loss of economic and accurate picture of the facts of the percent had encountered violence, emotional security; case. Well-formulated evidence and 25 percent had experienced based on expert examination often physical or sexual violence by a proves crucial during the prelimi- current or former partner.7 English nary investigation and at the trial.10 studies have shown that when a In 1994, to further assist vic- woman, her friends, or her neigh- ...Sweden’s response tims of domestic violence, Sweden bors finally contact the police, the to violence and threats founded the National Centre for woman probably has been battered against women has Battered and Raped Women at the more than 30 times.8 varied“ considerably in Department of Obstetrics and Gy- Some studies have demon- the last decade. necology at the Uppsala University strated that among pregnant Hospital. Patients receive around- women, battery occurs more often the-clock emergency medical atten- than diabetes and high blood pres- tion, as well as social services, po- sure. Moreover, Canadian studies lice support, and legal assistance. have shown that, in certain cases, • fear of loss of residency and This comprehensive approach pregnancy initiated the violence. expulsion; proves critical for women who These researchers found that for a • pressure from relatives to not come to health and medical care controlling and possessive man, his bring charges against the” services because of battery or partner’s pregnancy could represent perpetrator; sexual abuse. Many not only have a threat to his special control over • risk of losing cultural, reli- been mentally and physically her and to his having her undivided gious, ethnic, or other support; abused but judicially and socially attention and love. Often, the most and harmed, as well. Moreover, their violent men are those who subject perpetrators are often relatives. their partners to violence during • risk of facing further humilia- Also, because all of the offenses pregnancy.9 tion and doubt in the course of they have suffered include different the judicial process. degrees of mental violence, most of Gathering the Evidence As a result, victims act in what they the women feel frightened that they The change in Sweden’s atti- believe to be the best way for them will not be understood or believed. tude concerning domestic violence and their children to stay safe, both Therefore, they are very sensitive to against women also has impacted in the present and the future. They other people’s attitudes and to the

November 1999 / 21 way they are treated. These women Warning Bell, allows police to taken by the police officers re- seldom seek medical treatment, but quickly access information in con- sponding to domestic violence inci- when they do, they often may con- nection with a domestic violence dents. The study revealed that the ceal the real reasons for visiting a incident. The Warning Bell pro- victim contacted the police the most doctor and try to explain away their vides responding police officers (62 percent of the time), while visible injuries. Experts also have with information about the crime someone other than the victim (e.g., found that the amount and type of victims, prior incidents, possible neighbors, relatives, or witnesses) help a woman needs varies depend- suspects, and any previous enforce- contacted them 26 percent of the ing on her general life situation, on ment or protective measures taken. time. The alleged male offender or how long she has endured the vio- With the advent of the database, po- an anonymous caller each contacted lence, and whether she has any chil- lice officers no longer need to rely the police 3 percent of the time, dren. Therefore, police officers, so- on one another’s randomly acquired while in 5 percent of the cases, cial workers, and health care personal knowledge from previous the identity of the caller was not providers need to understand that interventions. Instead, officers can classified. they have the responsibility to give The study further showed that these women adequate medical, in 50 percent of the cases, a police psychological, and social attention, patrol unit arrived at the location which they can accomplish by: within 15 minutes, and in 78 per- • discovering the extent and Often, the most cent of the cases, within 30 minutes. length of the abuse; Slightly more than 52 percent of the violent men are cases occurred in the evening, or at • documenting the physical those who subject night, usually between 6 p.m. and 3 evidence; “their partners to a.m. In all cases, the suspected per- • treating the victim’s physical, violence during petrator was the victim’s current or emotional, and mental injuries; pregnancy. former husband or boyfriend. Sev- • nurturing the victim’s self- enty-eight percent of the cases oc- image; curred at the woman’s residence or what had been the joint home of the • empowering the victim to seek involved parties. The analysis of in- judicial action; use information from the database terventions also confirmed what the • rehabilitating the victim’s to support an investigation, espe- police generally had known—that sense of self-worth; and cially when victims waver about domestic violence takes place on all • cooperating among themselves participating in the judicial process.” days of the week but occurs more to develop a comprehensive, The courts also can use this infor- often on Friday and Saturday eve- seamless approach to help the mation to implement the new Swed- nings or nights. victim deal with the effects of ish Penal Code offense (gross viola- Often, a general opinion exists domestic violence. tion of a woman’s integrity) when among police officers that domestic the case goes to trial. Moreover, violence correlates with alcohol The Warning Bell through a more detailed report of intoxication. In light of this belief, In 1996, as part of the preven- every intervention, social service the responding police officers in tive and proactive approach to do- authorities can better assess the re- the Uppsala study reported their mestic violence cases, the police in sults of their procedures. judgment of whether the involved Uppsala, Sweden, developed a data- At the same time that they de- parties seemed intoxicated. In 48 base modeled on one from the veloped the database, the Uppsala percent of the cases, police officers Merseyside Police in Liverpool, police conducted a study of the determined that the women were Great Britain. This database, the observations made and measures not under the influence of alcohol.

22 / FBI Law Enforcement Bulletin Conversely, in only 19 percent of perpetrator to her. This is especially Further, victims may underestimate the cases, the police judged that the true if a report to the police would the difficulties associated with men were not under the influence of mean far-reaching negative social these types of formal protective alcohol. The police also surmised consequences for the man if con- measures and the adjustments that that 17 percent of the women and 34 victed. Additionally, women often are necessary for the measures to percent of the men were obviously view the police investigation and work. Therefore, simpler measures or strongly intoxicated at the time of the subsequent trial as a public rep- may more effectively protect vic- the intervention. While alcohol use etition of the traumatic experience tims and allay their fears. Swedish was associated with some of these of the criminal offense, something authorities presently are studying domestic violence cases, long- many naturally try to avoid. the possibilities of electronically standing research has shown that Photo © Don Ennis monitoring men who have violated alcohol use in itself does not cause restraining orders. domestic violence.11 Finally, the Uppsala study Conclusion showed that police interventions led In Sweden, recent studies show to a reported crime in 74 percent of that the problem of violence against the cases. In over 11 percent of the women is significant and requires cases, the interventions resulted in renewed attention not only from the formal contact with social services. law enforcement profession but Reconciliation between the in- also society in general. While this volved parties as the sole means of problem cuts across all boundaries, arbitration occurred in only 13 per- its countermeasures require a cent of the cases. These findings multifaceted and active approach reveal that the police and the vic- in every community. Society’s atti- tims themselves have begun to em- tudes and outlooks must change; ploy more proactive measures to law enforcement must create new combat domestic violence. procedures; the judicial system must acquire knowledge and au- Meeting the Judicial System However, the court needs de- thority to intervene and take ap- Bringing a domestic violence tailed information to correctly un- propriate legal action; and medical case to trial often proves difficult. derstand and judge the case. There- and social services must look at What causes women to resist the fore, authorities should consider victims in a holistic and compre- judicial process? First, the treat- appointing an advocate to brief the hensive manner. ment from the police and the han- victim about the trial’s procedures From such a joint knowledge dling of the preliminary investiga- and to support her throughout the base, Swedish society has begun to tion influence the victim’s desire process. Also, many victims doubt build a working, all-inclusive solu- and ability to assist, especially if, at the authorities’ ability to protect tion to domestic violence—a crime the same time, she is affected by them during and after a judicial pro- that adversely affects the health, the normalization process. Also, cess. In Sweden, commonly used productivity, and lifestyles of in many areas of the judicial sys- protection methods include police women around the world. The tem, an old-fashioned, patriarchal protection (bodyguards in special Swedish experience clearly shows opinion of women still exists; for cases), alarm kits, or changes of that close operational cooperation instance, that husbands can punish identity and location. Still, do- among health and medical ser- their wives. Moreover, the woman mestic violence victims often do vices, law enforcement and may perceive that the investigation not feel sufficiently safe to fully judicial authorities, and social and could shift the guilt from the cooperate in the judicial process. volunteer agencies, with confidence

November 1999 / 23 and respect for the primary roles of the different organizations, stands Wanted: as the surest, practical way to elimi- Photographs nate such a devastating threat to women.

Endnotes 1 Rebecca and Russel Dobash, Violence Research Centre, Department of Social Policy and Social Work, Great Britain. 2 U.N. Declaration on the Elimination of Violence Against Women, 48/104, December 1993; and WHO precongress meeting on Violence Against Women: In Search of he Bulletin staff is Solutions, July 1997. 3 “A Centre for Women Who Have Been T always on the lookout Raped or Abused,” The Committee on Violence for dynamic, law enforce- Against Women, interim report Swedish ment-related photos for Official Report Series (SOU) (1994): 56; and possible publication in the “Violence Against Women,” final report SOU (1995): 60. magazine. We are interested 4 Swedish Government Bill, Violence in photos that visually depict Against Women, (1997/98): 55. the many aspects of the law 5 Eva Lundgren, “Normalization Process of enforcement profession and Violence, Two Parties—Two Strategies,” Violence Against Women, JÄMFO Report 14, illustrate the various tasks Stockholm, Sweden (1989). law enforcement personnel 6 “Women Shelter Knowledge,” National perform. Institute of Public Health, Stockholm, Sweden We can use either black- (1994): 10. 7 Holly Johnson, “Violence Against Women and-white glossy or color Survey,” Statistics Canada, 1993. prints or slides, although we 8 Gloria Laycock, Home Office Police prefer prints (5x7 or 8x10). Research Group, London, Great Britain. Appropriate credit will be 9 H. Johnson and V.F. Sacco, “Researching Violence Against Women,” Canadian Journal given to contributing photog- of Criminology (July 1995): 281-304. raphers when their work 10 “Women Subjected to Sexualized appears in the magazine. We Violence,” National Centre for Battered and suggest that you send dupli- Raped Women, Uppsala University Hospital, Sweden, 1996, contains instructions for medical cate, not original, prints as personnel conducting examinations of women we do not accept responsibil- who have been subjected to domestic violence; ity for prints that may be and “Legal Certificates at Investigations of damaged or lost. Send your Violent and Sexual Crimes,” National Board of Health and Welfare, Stockholm, Sweden, photographs to: 1997:5 (M) contains instructions for preparing forensic medical certificates in such cases. Brian Parnell, Art 11 B. Critchlow, “The Powers of John Director, FBI Law Barleycorn: Beliefs About the Effects of Enforcement Bulletin, Alcohol on Social Behavior,” American Psychology 41 (1986): 751-64. FBI Academy, Madison Building 209, Quantico, VA 22135.

24 / FBI Law Enforcement Bulletin Book Review

Stress Management in Law Enforcement that it will happen daily, weekly, or monthly, by Leonard Territo and James D. Sewell, depending on the position the officer holds at Carolina Academic Press, Durham, North any given time. Previously, police departments Carolina, 1999. defined critical incidents as shooting incidents. How police officers manage stress will Today, the term includes any sudden, powerful impact the success on the job, as well as all event that can overwhelm the usual coping skills facets of their relationships with their families of an individual. This section identifies ap- and friends. Stress affects individuals in many proaches to alleviate and mitigate these stres- ways, and the authors of Stress Management in sors. These strategies, which help police officers Law Enforcement present a complete picture, from falling victim to burnout, include including prominent research in coping strate- preincident stress education, implementation of gies, to afford a comprehensive, proactive a peer support program, use of critical incident approach to stress management. stress debriefings, and the development of an The text is organized into eight sections, employee assistance program. Many police starting with the psychological, physiological, officers still subscribe to John Wayne’s macho and social consequences of stress. The sections image and reluctantly accept any psychological that follow focus on coping behaviors, suicide services; however, the police culture is moving and its impact on the family, trauma and vicari- toward acceptance of a peer-based program ous traumatization. The last two parts discuss where the officers speak from experience and the psychological services in law enforcement help others. The common theme throughout the that can assist an officer overwhelmed with articles from noted authorities in the field of stress and how the police organization can police stress emphasizes that accepting assis- proactively address stress issues to make a “win- tance when faced with traumatic events on the win” situation for both the police officer and the job does not represent a sign of weakness, but police department. a sign of strength. Police management must One suicide is too many. Through the recognize stress as part of the job, and more compilation of articles on police suicide, the departments should proactively implement authors note that officer suicide now may occur programs to address stress. Currently, approx- at twice the rate as in the past. This type of imately 25 percent of police departments use information on suicide either was not previously some sort of psychological services. This book collected or frequently misclassified as acciden- offers an excellent collection of articles to assist tal or undetermined deaths. Law enforcement police administrators, law enforcement offi- agencies no longer can pretend that the problem cers, and academicians in developing a compre- does not exist; they must break the wall of hensive program to reduce stress in police silence by developing preventive programs to departments. address suicide, as suggested in the articles in this section. Reviewed by The authors discuss another important Special Agent Vincent J. McNally area—the emotional trauma from critical Certified Employee Assistance Professional incidents inflicted daily on officers. It is no Unit Chief, Employee Assistance Program longer a question of whether an officer might be FBI Headquarters, Washington DC involved in a critical incident; it is a certainty

November 1999 / 25 FBI Law Enforcement Bulletin Author Guidelines

GENERAL INFORMATION additional specifications, detailed examples, and The FBI Law Enforcement Bulletin is an effective writing techniques. official publication of the Federal Bureau of PHOTOGRAPHS AND GRAPHICS Investigation and the U.S. Department of Justice. Frequency of Publication: Monthly. A photograph of the author(s) should Purpose: To provide a forum for the ex- accompany the manuscript. Authors can submit change of information on law enforcement-related photos and illustrations that visually enhance topics. and support the text. Black-and-white glossy Audience: Criminal justice professionals, prints (3- by 5-inch to 5- by 7-inch) reproduce primarily law enforcement managers. best. The Bulletin does not accept responsibility for lost or damaged photos or illustrations. MANUSCRIPT SPECIFICATIONS PUBLICATION Length: Feature articles should contain 2,000 Judging Manuscripts: The Bulletin judges to 3,500 words (8 to 14 pages, double-spaced). articles on relevance to the audience, factual Submissions for specialized departments, such as accuracy, analysis of the information, structure Police Practice and Case Study, should contain and logical flow, style and ease of reading, and 1,200 to 2,000 words (5 to 8 pages, double- length. The Bulletin generally does not publish spaced). articles on similar topics within a 12-month Format: Authors should submit three copies period or accept articles previously published or of their articles typed and double-spaced on 8 1/2- currently under consideration by other maga- by 11-inch white paper with all pages numbered. zines. Because it is a government publication, When possible, an electronic version of the article the Bulletin cannot accept articles that advertise saved on computer disk should accompany the a product or service. typed manuscript. Query Letters: Authors may submit a Authors should supply references when query letter along with a 1- to 2-page outline quoting a source exactly, citing or paraphrasing before writing an article. Although designed to another person’s work or ideas, or referring to help authors, this process does not guarantee information that generally is not well known. For acceptance of any article. proper footnote format, authors should refer to A Author Notification: The Bulletin staff will Manual for Writers of Term Papers, Theses, and review queries and articles and advise the Dissertations, 6th ed., by Kate L. Turabian. authors of acceptance or rejection. The maga- Writing Style and Grammar: The Bulletin zine cannot guarantee a publication date for prefers to publish articles in the third person accepted articles. (Point of View and Perspective submissions Editing: The Bulletin staff edits all manu- are exceptions) using active voice. Authors scripts for length, clarity, format, and style. should follow The New York Public Library Writer’s Guide to Style and Usage and should SUBMISSION study several issues of the magazine to ensure Authors should mail their submissions to: that their writing style meets the Bulletin’s Editor, FBI Law Enforcement Bulletin, FBI requirements. Academy, Madison Bldg., Room 209, Quantico, Authors also should contact the Bulletin staff VA 22135; telephone: 703-632-1952; fax: 703- for the expanded author guidelines, which contain 632-1968; e-mail: [email protected].

26 / FBI Law Enforcement Bulletin Legal Digest Drug Roadblocks A Constitutional Perspective By KIMBERLY A. CRAWFORD, J.D. Photo © Mark C. Ide

hen traveling major way or a U-turn, find themselves constitutionality of drug roadblocks highways in the United stopped and questioned by strategi- remains uncertain. This article ex- WStates, it is not uncom- cally placed law enforcement offi- amines the issues surrounding the mon for motorists to encounter cers. Occasionally, the signs are a use of various types of drug road- signs warning of drug roadblocks pretense—set for the sole purpose blocks from a constitutional per- ahead. Sometimes, these signs are of justifying the detention of drivers spective and offers some legal and legitimate, and travelers find them- who take steps to avert the nonexist- practical considerations for law en- selves briefly stopped at roadblocks ent roadblock. forcement agencies contemplating while drug dogs are used to detect Because the federal appellate the use of these techniques. the odor of any controlled sub- courts are inconsistent in their stances that may be emanating from views regarding the lawfulness of The Constitutionality of the vehicles. Other motorists, who drug roadblocks, and the U.S. Su- Roadblocks attempt to avoid these roadblocks preme Court has not specifi- In the 1979 case of Brown by making a quick exit off the high- cally addressed the issue, the v. Texas,1 the Supreme Court

November 1999 / 27 the Court found, with respect to the first factor of the balancing test, ...to satisfy the that there could be no dispute “ over the “magnitude of the drunken requirements of the Fourth driving problem or the States’ inter- est in eradicating it.”5 Similarly, Amendment, the second factor was satisfied roadblocks must by the Court’s concluding that be reasonable. statistics sufficiently prove the effectiveness of sobriety check- points in addressing this important interest.6 With the first two factors of the Special Agent Crawford is a legal instructor at the FBI Academy. ” balancing test satisfactorily re- solved by the Supreme Court, the lawfulness of any drunk-driving considered the constitutionality of generating fear and surprise in mo- roadblock thus depends completely roadblocks and created a frame- torists. Objective intrusion into in- on the outcome of the review under work for evaluating their lawful- dividual freedom is measured by the third factor. Successful analysis ness. The starting point of the the duration of the detention at the under the third factor depends pri- Court’s analysis was that all indi- roadblock and the intensity of any marily on the level of planning, viduals stopped at roadblocks have attendant questioning or inspection. preparation, and care taken by the been “seized” for constitutional The practical result of the instituting law enforcement agency purposes, and thus, to satisfy the Brown balancing test is that there is to ensure that the roadblock in ques- requirements of the Fourth Amend- no general rule permitting or pro- tion interferes with individual lib- ment, roadblocks must be reason- hibiting the establishment of road- erty no more than is reasonably able.2 The Court then created a bal- blocks. Rather, individual road- necessary.7 ancing test for determining the blocks must be evaluated within the The Supreme Court has like- reasonableness of roadblocks. framework of the balancing test on wise resolved the first two factors The Brown balancing test re- a case-by-case basis to determine of the balancing test in favor of quires that courts evaluating the their lawfulness. checkpoints designed to detect ille- lawfulness of roadblocks consider gal aliens,8 and those designed to three factors: 1) the gravity of the Application of the enforce driver licensing and vehicle public concerns that are addressed Brown Balancing Test registration laws.9 The Court has or served by the establishment of Although the constitutionality not, however, similarly resolved the roadblock; 2) the degree to of any roadblock requires an evalu- these threshold issues with respect which the roadblock is likely to ation under all three factors of the to drug roadblocks. Consequently, succed in serving the public inter- Brown balancing test, existing case law enforcement agencies contem- est; and 3) the severity with which law allows for a high degree of pre- plating the use of drug roadblocks the roadblock interferes with indi- dictability regarding the first two must be prepared to address all vidual liberty. When evaluating the factors when certain types of road- three factors of the Brown balanc- severity of interference, courts are blocks are put to the test. For ex- ing test. Whether a drug roadblock required to gauge the subjective ample, in Michigan Dept. of State passes the balancing test may very and objective intrusion into indi- Police v. Sitz,4 the Supreme Court well depend on how carefully the vidual freedom.3 Subjective intru- ruled that a highway sobriety initiating law enforcement agency sion is determined by calculating checkpoint program passed the plans the procedure and articulates the potential of the roadblock for Brown balancing test. In doing so, its purpose.

28 / FBI Law Enforcement Bulletin Single-Purpose Drug Roadblock accept a low percentage of arrests11 delay experienced by travelers ap- One of the more difficult types as long as at its inception, the belief proaching and passing through the of roadblock for law enforcement that the roadblock would be effec- checkpoint. Managers can tailor the agencies to justify is the single-pur- tive was reasonable.12 Designers of roadblock by regulating the number pose drug roadblock. Although drug roadblocks can bolster the rea- of vehicles that can be stopped at roadblocks intended to advance sonableness of their belief in the any one time and by limiting the such administrative purposes as predicted effectiveness of road- nature and number of questions compliance with registration, li- blocks and, at the same time, in- posed by officers staffing the censing, and traffic laws are rou- crease the likelihood of a high per- checkpoints. In order to effectively tinely permitted, some courts have centage of arrests by strategically meet subsequent challenges in been reluctant to allow roadblocks placing the roadblocks in areas court, efforts to limit the objective designed to investigate criminal ac- where drug use is rampant.13 intrusion of roadblocks should be tivity.10 Recognizing that the law in reflected in carefully drafted writ- this area is unsettled, agencies con- ten instructions and not left to the templating the use of the single- discretion of officers implementing purpose drug roadblock should be the roadblock.14 aware that their efforts involve When evaluating the some risk. However, the risk can be severity of Mixed-Motive Roadblock somewhat abated by full knowledge interference, courts Law enforcement agencies can and compliance with the Brown bal- “are required to reduce the risks attendant to single- ancing test. purpose roadblocks by combining a When the stated purpose of a gauge the subjective drug canvass with a more readily roadblock is to detect illegal con- and objective justified DUI or licensing and regis- trolled substances, there should be intrusion into tration checkpoint. Although ques- no dispute over the legitimacy of individual freedom. tions regarding their legality re- the government interest that is ad- main unresolved, mixed-motive dressed by the activity. Like drunk roadblocks are more apt to satisfy drivers on U.S. highways, the quan- the elements of the Brown balanc- tity of illegal drugs in the United ing test. Moreover, logic and States has prompted serious public Careful planning can similarly language from recent Supreme concern. Thus, drug roadblocks improve the chances of a drug Court decisions argue strongly in should easily stand up to scrutiny roadblock meeting the third factor favor of the constitutionality of under the first factor of the Brown under the Brown balancing ”test. In such roadblocks. balancing test. order to limit the subjective intru- The first two factors of the bal- Promoters of single-purpose sion on individual liberty worked ancing test are met satisfactorily drug roadblocks are more likely to by a roadblock, designers can obvi- when the purpose of a roadblock is encounter difficulty when required ate motorists’ fear and surprise by to enforce licensing and registration to demonstrate the effectiveness of clearly advertising the existence requirements or to apprehend drunk the practice in advancing its legiti- and purpose of the roadblock with a drivers.15 Thus, the only remaining mate interest in combating drug sufficient number of large, easily issue is whether the roadblock is trafficking. Roadblocks established read signs placed on the highway carefully constructed so as to re- for the sole purpose of detecting well in advance of the actual check- duce both the subjective and objec- illegal drugs are not likely to result point. tive interference with individual in a high percentage of arrests. In The objective intrusion can be liberty. The outcome of the balanc- the past, the Supreme Court has curtailed by implementing the road- ing test should not be altered simply demonstrated a willingness to block in a manner that limits the because officers staffing the

November 1999 / 29 checkpoint have the investigation investigating drug trafficking, Significance of of drug trafficking as an ancillary courts that subscribe to the pretext Motorists’ Efforts to Evade motive. The constitutionality of the argument find the practice “unrea- Stopping vehicles that seek to roadblock seems apparent as long sonable” under conventional Fourth avoid roadblocks and using false as the time it takes to ask drug- Amendment review. This approach, signs warning of drug checkpoints related questions, request consent however, appears to contradict re- ahead for the sole purpose of justi- to search, or use a dog to detect cent Supreme Court analysis of the fying the detention of motorists odors of contraband does not sig- Fourth Amendment reasonableness making obvious attempts to evade nificantly increase the delay experi- requirement.19 nonexistent roadblocks are rather enced by motorists passing through controversial, yet legally defensible the checkpoint. law enforcement strategies. The For example, in Merrett v. success of these strategies may de- Moore,16 the Eleventh Circuit Court pend largely on the location of the of Appeals upheld the legality of a checkpoints and signs. roadblock that had the interception The practice of stopping motor- of illegal drugs as its undisputed ...courts are ists attempting to avoid advertised primary purpose. Because the in- unlikely to view roadblocks is likely to be chal- vestigating law enforcement agency efforts to evade, lenged when a subsequent search of had no authority to establish road- “standing alone, the vehicle results in the seizure of blocks, the drug probe was con- as sufficient evidence or contraband that be- ducted in conjunction with a comes the subject of a motion to driver’s license and vehicle regis- justification for suppress. Because the vehicle was tration checkpoint. A class action the seizure. not actually stopped at a check- was filed challenging the legality of point, the court hearing the motion the roadblock on the grounds that will not apply the Brown balancing the license and registration check test. Instead, the court will require was merely a pretext for the drug that the government justify both the seizure. On review, the court found seizure and search of the vehicle that the license and registration The Supreme Court has held re- under traditional Fourth Amend- checkpoint satisfied the require- peatedly that the reasonableness re- ment analysis. ments of the Brown balancing test quirement of the Fourth Amend-” In an effort to justify the sei- and concluded that “where the state ment is an objective standard that zure, the government may argue has one lawful purpose sufficient to does not permit an inquiry into the that the motorist’s efforts to evade justify a roadblock, that the state law enforcement officers’ subjec- the drug checkpoint gave law en- also uses the roadblock to intercept tive motivation.20 To hold that oth- forcement officers a reasonable sus- illegal drugs does not render the erwise-lawful DUI or license and picion to justify the temporary de- roadblock unconstitutional.”17 registration enforcement check- tention of the vehicle pursuant to Other courts have been more points are unlawful simply because the Supreme Court’s decision in receptive to the pretext argument program sponsors had an additional Terry v. Ohio.21 The success of this advanced by the class action in motive to investigate drug traffick- argument, however, will depend on Merrett.18 These courts tend to fo- ing seems an anomaly. However, the court’s willingness to view a cus on the “primary” or “real” mo- until the Supreme Court resolves quick exit off the highway or a hasty tive for the roadblock rather than this issue, law enforcement agen- U-turn as indicia of criminal activ- the application of the balancing cies should understand that con- ity. Because there could be any test. When evaluating roadblocks ducting a mixed-motive roadblock number of legitimate reasons why that have the primary purpose of is not completely without risk. motorists would want to avoid the

30 / FBI Law Enforcement Bulletin inherent delay of a drug roadblock, The fact that officers have the sub- Using Dogs to Detect Drugs courts are unlikely to view efforts to jective intent to investigate criminal Once officers lawfully stop a evade, standing alone, as sufficient activity cannot render unlawful an vehicle, either at a checkpoint or as justification for the seizure.22 otherwise-objectively reasonable it is attempting to evade one, they The government’s ability to de- stop. can justify a subsequent search in a fend the seizure would be enhanced Applying the Whren rationale number of ways. They can search greatly if the motorist’s efforts to to the stop of motorists evading the vehicle pursuant to voluntary evade the checkpoint involved a drug roadblocks, the seizure would consent,24 incident to the arrest of violation of traffic regulations. Ac- be objectively reasonable if the ef- an occupant,25 under the vehicle ex- cording to the ruling of the Supreme forts to evade involved an illegal U- ception,26 or with a search warrant. Court in Whren v. United States,23 a turn, an unsignaled lane change, or Both the issuance of a search war- stop based on probable cause to any other violation of the traffic rant and the justification of a search believe that the driver of a vehicle laws. To take full advantage of this under the vehicle exception require has committed a traffic violation principle, law enforcement agen- that the government establish prob- is lawful despite the fact that cies should locate drug checkpoints able cause to believe the vehicle officers making the stop have an and the signs advertising them contains evidence or contraband. In ulterior motive to investigate crimi- in areas with no easy exit and an effort to develop the requisite nal activity. where U-turns are illegal. Addition- probable cause to search vehicles in In Whren, plainclothes officers ally, officers positioned to stop ve- and around drug checkpoints, many patrolling a high-drug area in an un- hicles attempting to avoid road- law enforcement agencies employ marked police car noted the some- blocks should be instructed drug dogs. what-suspicious behavior of the oc- specifically to make the seizure Whether a dog alert alone con- cupants of a vehicle. After the only after observing a clear traffic stitutes probable cause depends on a vehicle made an unsignaled right- violation. variety of factors, such as the dog’s hand turn, the officers pursued and stopped it. When they approached Photo © Mark C. Ide the vehicle, the officers observed evidence of illegal drug activity. The occupants of the vehicle were arrested and a search of the car dis- closed a substantial quantity of drugs that subsequently became the subject of a motion to suppress. The defendants argued that the stop of their vehicle for the minor traffic infraction was unreasonable under the Fourth Amendment be- cause it was a pretext used by the officers to conduct their drug inves- tigation. The Supreme Court, how- ever, rejected the defendants’ argu- ment and concluded that the objective nature of the Fourth Amendment reasonableness analy- sis precluded any consideration of an officer’s subjective motivation.

November 1999 / 31 training and record of reliability. roadblocks so as to maximize the 11 In Martinez-Fuerte, supra, the success Regardless of the evidentiary likelihood that they will withstand rate was approximately .5 percent; in Prause, supra, the success rate was 1.6 percent; and in weight accorded a dog alert, the scrutiny under the Brown balancing Sitz, supra, the success rate was approximately drug dog remains both a useful and test and traditional Fourth Amend- 1 percent. practical law enforcement tool. In ment analysis. 12 110 S. Ct. at 2487-88. United States v. Place,27 the Su- 13 In Edmond v. Goldsmith, F.3d, (CA7 1999), the court noted that the police preme Court held that the use of a increased the likelihood of the drug road- dog to detect the odor of contraband block in question being found reasonable did not amount to a search under the by placing it in an area where “drug use Fourth Amendment and, thus, did approaches epidemic proportions. Id. at. 14 See, Martinez-Fuerte, 96 S. Ct. at not require any justification on the ...mixed-motive 3083. part of the government. This ruling 15 Supra notes 7, 8, and 9. opened the door for law enforce- roadblocks are 16 58 F.3d 1547 (CA 11 1995). ment agencies to use dogs for a more apt to 17 Id. at 1550-51. 18 See, e.g., United States v. Huguenin, variety of purposes, including the “ satisfy the 154 F.3d 547 (CA6 1998), Edmond v. detection of controlled substances elements of the Goldsmith, F.3d (CA7 1999). at drug roadblocks. Brown 19 In Edmond, supra, Circuit Judge Law enforcement agencies that Easterbrook filed a dissenting opinion in which balancing test. he made the following statement: employ drug dogs at checkpoints “Why should the constitutionality of a should be careful, however, to en- roadblock program turn on what its promoters sure that the use of the dogs does think (or the order in which its components not adversely affect analysis of the were approved), rather than on what happens to the citizenry? Over and over, the Supreme roadblock under the third factor of Court says that the reasonableness the Brown balancing test by signifi- inquiry under the Fourth Amendment is cantly increasing either the fear or Endnotes objective; it depends on what the police do, not delay experienced by stopped mo- 1 443 U.S. 47 (1979). on what they want or think.” F.3d at (dissenting 2 U.S. Const. amend. IV reads: opinion). torists. Agencies can accomplish ” 20 “The right of the people to be protected in See Whren v. United States, 116 S. Ct. this by having a sufficient number their persons, houses, papers, and effects, 1769 (1996) and cases cited therein. of dogs on hand to efficiently con- against unreasonable searches and seizures, 21 392 U.S. 1 (1968). tend with stopped vehicles, by using shall not be violated, and no Warrants shall 22 See, e.g., Huguenin, supra. issue, but upon probable cause, supported by 23 116 S. Ct. 1769. dogs that do not have an overly ag- Oath or affirmation, and particularly describing 24 Illinois v. Rodriguez, 110 S. Ct. 2793 gressive alert, and by not allowing the place to be searched, and the persons or (1990). the dogs to intrude into the stopped things to be seized.” 25 New York v. Belton, 69 L.Ed.2d 768 vehicles. 3 443 U.S. at 50-51. (1981). 4 110 S. Ct. 2481 (1990). 26 California v. Acevedo, 111 S. Ct. 1982 5 Id. at 2485. (1991) Conclusion 6 Id. at 2486-87. 27 103 S. Ct. 2637 (1983). Until the legal issues surround- 7 Id. 8 United States v. Martinez-Fuerte, 96 S. Law enforcement officers of other than ing drug roadblocks are conclu- federal jurisdiction who are interested in Ct. 3074 (1976). sively resolved, the technique will this article should consult their legal 9 Delaware v. Prouse, 99 S. Ct. 1391 continue to be the subject of advisors. Some police procedures ruled (1979). permissible under federal constitutional law considerable litigation. Law en- 10 See, e.g., United States v. Huguenin, are of questionable legality under state law forcement agencies need not, how- 154 F.3d 547 (CA6); United States v. or are not permitted at all. ever, abandon the practice. Rather, Morales-Zamora, 974 F.2d 149 (CA10); Edmond v. Goldsmith, F.3d; Wilson v. agencies should exercise abundant Commonwealth, 509 S.E.2d 540 (Va. App. care in designing and implementing 1999).

32 / FBI Law Enforcement Bulletin The Bulletin Notes

Law enforcement officers are challenged daily in the performance of their duties; they face each challenge freely and unselfishly while answering the call to duty. In certain instances, their actions warrant special attention from their respective departments. The Bulletin also wants to recognize their exemplary service to the law enforcement profession.

While returning from a training session, Officers William Brown and Larry Haug of the Minot, North Dakota, Police Department overheard a call on the police radio that patrol units were in pursuit of two subjects who had fled in a vehicle from a traffic stop. After the subjects deliberately crashed into and disabled the four pursuing police cars, Officers Brown and Haug arrived at the scene. While the pursuing officers were recovering from the accident, the driver of the vehicle emerged with a machete; the passenger appeared to be unarmed. After Officer Brown Officer Haug the subjects ignored orders to get down on the ground, Officer Haug, unarmed, pursued the passenger on foot and took several blows to the face before handcuffing him. The driver of the vehicle continued to swing the machete even after being sprayed with pepper spray. He lunged at a patrolman, sliced through the officer’s jacket sleeve, and continued to slash at the patrolman, who was unable to escape the blows. The patrolman, now unable to defend himself, was vulnerable as the subject swung the machete for a potentially life-threatening blow. To save his fellow officer’s life, Officer Brown fired a single shot, killing the subject. Officers Brown and Haug acted quickly and selflessly to protect the lives of their fellow officers.

Officer Dennis C. Hurst of the Chesapeake, Virginia, Police Department was dispatched to a house fire where two individuals remained inside the residence. Officer Hurst entered the dwelling and helped one occupant escape through a window. He entered the house a second time to rescue the other individual but Nominations for the Bulletin Notes should be based was driven back by smoke and on either the rescue of one or more citizens or arrest(s) made at unusual risk to an officer’s safety. flames. With wet towels from Submissions should include a short write-up neighbors, Officer Hurst (maximum of 250 words), a separate photograph of entered the house a third time each nominee, and a letter from the department’s ranking officer endorsing the nomination. Submis- Officer Hurst and was able to rescue the sions should be sent to the Editor, FBI Law Enforce- resident. Officer Hurst coura- ment Bulletin, FBI Academy, Madison Building, geously put his own life in danger three times to save Room 209, Quantico, VA 22135. the lives of others. U.S. Department of Justice Periodical Federal Bureau of Investigation Postage and Fees Paid Federal Bureau of Investigation 935 Pennsylvania Avenue, N.W. ISSN 0014-5688 Washington, DC 20535-0001

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