Blue Line Magazine 1 NOVEMBER 2005 Blue Line Magazine 2 NOVEMBER 2005 November 2005 Volume 17 Number 9 Publisher’s Commentary 5 A price so high..a love so deep..a peace so long Blue Line Magazine 12A-4981 Hwy 7 East Ste 254 Markham, ON L3R 1N1 Metamorphosis 6 Canada From a blue collar beat comes one of Ph: 905 640-3048 Fax: 905 640-7547 Canada’s top employers Web: www.blueline.ca eMail: [email protected] — Publisher — Morley S. Lymburner Taking ownership of your beat 10 eMail: [email protected] Current stats/information co-ordinates efforts — General Manager — Mary Lymburner, M.Ed. Blood spatter primer 14 eMail: [email protected] Directional analysis of blood spatter — Editor — Mark Reesor eMail: [email protected] TECHNOLOGY 16 — News Editor — Going wireless with Bluetooth Ryan Siegmund eMail: [email protected] CORRESPONDENCE 17 — Advertising — Shown on this month’s cover are Hamil- Mary Lymburner ton Police officers Phil Fleming, Kevin Dean Clarke Protection requires co-operation 18 Bob Murray Dhinsa, Tony Chu, Hannah Carter, Sheri Kathryn Lymburner Nelson, Nancy Lantz, Angela Weston and eMail: [email protected] CASE LAW 20 Marty Schulenberg. Their smiling faces best exemplify this month’s lead story. For the past — Pre-press Production — • Police can detain to investigate Del Wall several years the Hamilton Police Service has • Extended search incidental to detention been chosen as one of Canada’s top 100 em- — Contributing Editors — • BC drug warrants not restricted to days ployers. In an era when many police services Communication Skills Mark Giles are looking to hire and retain staff, Blue Line Police Management James Clark felt there would be some valuable lessons to Tactical Firearms Dave Brown DISPATCHES 22, 29 Technology Tom Rataj be learned from their experience. The results Psychology Dorothy Cotton of this investigation can be found beginning Case Law Mike Novakowski ODDITORIALS 23 on page 6 this month. Blue Line Magazine is published monthly, September to June, by Hamilton is featured in a second story this Blue Line Magazine Incorporated with a mailing address of: month in the communications and technology 12A - 4981 Hwy. 7 East, Ste. 254, COMING EVENTS 22 Markham, Ontario, L3R 1N1. sector with its new ‘Beat Tracker’ system, Individual magazines are $5.00 each. Subscriptions are $25.00 per which links officers on the street with incidents year or $40.00 for 2 years. (Foreign - $50.00 U.S.) Group and bulk rates Retirement anxiety 24 and calls accumulated in their patrol sectors. available upon request. The simple system has increased the effective- All material submitted for publication becomes the property of Blue Line Loss of identity . . . or exciting change? Magazine unless other arrangements have been made with the publisher ness of beat officers in responding to commu- prior to publishing. The authors, advisors and Publisher accept no liability whatsoever for nity needs and issues. any injuries to persons or property resulting from the application or Newfoundland officer an unsung hero 26 Every police officer should understand the adoption of any of the procedures, tactics or considerations presented in this magazine. Readers are cautioned and advised that articles presented basic principles and procedures of blood splat- herein are edited and supplied for your personal awareness and should not ter analysis, says veteran investigator and crime be used for further action until appropriate advice and guidance is received Geographic profiling debate-round four 28 from a supervisor, Crown Attorney or other person in authority. scene reconstructionist Louis Akin in introduc- Established in 1988, Blue Line Magazine is an independent publication The big problem with Bennel, Snook and Taylor ing his ‘blood splatter primer.’ Interpreting this designed to inform, entertain, educate and upgrade the skills of those involved in the law enforcement profession. It has no direct control from a evidence correctly can reveal important infor- law enforcement agency and its opinions and articles do not necessarily mation at crime scenes. reflect the opinions of any government, police, or law enforcement agency. Dedicated force needed to police ports 30 ©2005 - All articles are protected by copyright. No part of this Shrinking budgets and rising expectations publication may be reproduced or transmitted in any form or by any means, have forced public safety agencies to work to- electronic or mechanical, including photocopying and recording or by any DEEP BLUE 31 information storage or retrieval system without permission. gether with each other and the public. As Bob Internet activity is monitored and use or re-posting of Are we spreading fear or protecting families? Brown and Doug LePard note, accomplish- material on the Internet is restricted. ing this goal requires inspiration, leadership, Remembering the dead 32 co-operation and perspiration but the result – safer communities – is worth the effort. This publication is a private venture and receives no Maintaining morale In our regular features, technology editor subsidy or grant from any level of government. Tom Rataj looks at going wireless with — Affiliations — Bluetooth, Mike Novokowski has case law and International Association of Law Enforcement Planners Canadian Police Research Centre 34 Canadian Advertising Rates & Data Dr. Dorothy asks if issuing warnings about sex International Police Association offenders helps protect families or simply The Police Leadership Forum PRODUCT NEWS 36 spreads fear in the community. Public and me- Periodical Publishers Exchange dia relations correspondent Mark Giles pon- The Canadian Press Newswire Harvey Research NEWS CLIPS 37 ders the fine line between situations where police and military personnel die in the line of Printed in Canada by Tri-Tech Printing duty or where their actions or luck keep them ISSN #0847 8538 BACK OF THE BOOK 38 alive – and the markedly different treatment Canada Post - Canadian Publications Mail Canada needs more cameras the cases receive. Product Sales Agreement No. 176796

Blue Line Magazine 3 NOVEMBER 2005 Blue Line Magazine 4 NOVEMBER 2005 A price so high... a love so deep... a peace so long

on fire. He immediately landed by Morley Lymburner beside him in a field, hoping he could assist, but the plane was en- This year marks the 60th anni- gulfed in flames by the time he versary of the end of the Second rolled to a stop. His friend was World War. Canada has declared screaming and trying to open the 2005 the ‘Year of the Veteran’ and canopy, which had become stuck. the new war museum opened in Ot- John tried his best to get close tawa with special significance, re- enough to help dislodge it but was minding us of all the efforts made forced back by the intense heat by so many to defend our country. and flames. In terror, he realized Each year we struggle to re- what his friend was yelling at him member Remembrance Day as – he wanted to be shot. John anything special beyond a sym- struggled with this, the final wish bolic one minute of silence in our of a dying friend, then drew his public schools, on the eleventh Canadian War Museum — Ottawa gun and managed to find the cour- hour of the eleventh day of the age to end his suffering. eleventh month. As in most things There is no better teacher than in life, our memory becomes cloudy with time. from him. He never marched in the parades experience, he explained. Those who have not As younger generations grow into adulthood, and his numerous decorations for bravery re- lived through the horrors of battle will never their perspective on this subject has deterio- mained in a drawer. I also remember how he truly understand or be able to judge the vari- rated to an academic level which could be de- died an alcoholic. He was never physically ables of war, no matter how hard they try. I felt scribed as neglectful. alone but he must have felt his memories were truly honoured that this man trusted me enough What was it like for a young man from something only he should bear. to share this story. small town Canada to be introduced to the The story that made the biggest impression Stress! Do we really know what it means? stress of wholesale slaughter? To see, on a daily on me was told by a minister friend, who prob- This year, take some time to remember. Wear basis, his colleagues cut down, with the expec- ably felt I could understand. He flew Hurri- a poppy with pride or visit the new war mu- tation of having to do some cutting down of canes in the famous Battle of Britain. During seum, if only to thank those old guys, and all his own? The need to care for the mental health one particularly fearsome dog-fight, he saw a the young friends they left behind, for the years of first responders and the military is a rela- friend attempting to land his plane, which was of peace their blood and courage bought us. tively new phenomenon. What counsel did war- time soldiers receive to relieve the trauma and stress of what they experienced? Stress! What was it like to come home only half the man you were when you left, both physically and mentally? To start all over again when you could barely remember what you did before that great mess began? These young men knew they had to get their lives back in line with a ‘peace-time’ world. Many police officers can relate to their experiences. Cops understand that receiving solace from officials, family and friends pales to the attention fellow officers give and receive. Like their war-time counterparts, cops can find it much easier to stand shoulder to shoulder beside the people who have shared experiences and stresses – but I have found there is a wa- tershed of experiences that can cause an oppo- site effect. Each year I remember stories from many of these old warriors. As much as I experienced as a cop, I cannot completely comprehend what it was like to be in my uncle’s shoes as he la- boured in the engine room of a Corvette in the cold North Atlantic. The shear terror of hear- ing the engine-room doors locked and sealed for battle readiness as the captain ordered an attack on yet another U-Boat is something I will fortunately never feel. Suffice it to say he never wished to go to an annual Haida reunion to relive the events. I remember the stories of a much decorated neighbour who fought in almost every major battle. The stories came from neighbours, never

Blue Line Magazine 5 NOVEMBER 2005 by Ryan Siegmund for the fourth straight year by MediaCorp ally. He credits this initiative to broadening the Canada. Over 1,000 employers, including sev- expertise of officers and a reason why they have Renowned for its steel indus- eral police agencies, were asked to complete had such a successful retention rate. try, the City of Hamilton is an extensive application process that included MediaCorp measured eight key areas, now also becoming well a thorough review of their operations and hu- graded each applicant using industry standards. known for its police man resources practices. Here’s how Hamilton scored. service as one of Cana- Among the qualities MediaCorp high- da’s top 100 employers lighted: Training & skills development: A+ for the fourth straight year. • HPS cares deeply about its employees’ work HPS subsidizes tuition for courses even if Canada’s tenth largest life balance – and even has a special family they’re not related to a member’s current stand- city is policed by the sixth largest service in issues committee, responsible for improving ing, and encourages career development by Ontario, responsible for patrolling a 1,138 work life issues reimbursing professional association dues and square kilometre area and home to nearly • Generous maternity top-up and an extended mentoring and in-house training costs. Courses 500,000 residents. leave program are offered in collaboration with the Hamilton The Hamilton Police Service (HPS) began • HPS encourages employees to experience a Police Association and include computer skills, a “metamorphosis” about 14 years ago, says variety of jobs with the service firearms, front-line investigative techniques chief Brian Mullan, shifting from a reactive • HPS operates its own in-house charity, sup- and stress management. force to one which follows the principles of porting more than 25 local community or- community based policing. It also became one ganizations Performance management: A of the first police services in the country to The criteria for consideration placed heavy Managers meet with members every year begin formalizing its strategic business plan- emphasis on an employer’s charitable efforts and to review their work. Supervisors, who are ning, developing a vision, mission and values community involvement, just one area in which trained to be effective reviewers, issue mid- statement and determining core functions. HPS has made significant strides over the years. year progress reviews. A formalized appeal “We tried to get deeper and deeper into this “When I reflect back as to how we evolved process allows officers a chance to make their concept of a value based organization during as an institution, it is all about having the abil- own comments. those ensuing years,” says Mullan. “Through ity to attract the best,” says Mullan. “When we Members are recognized for exceptional internal educational forums, re-enforcement in talk about having the vision to be the best, we performance and are eligible for monthly and regards to our performance evaluation, our pro- use that thought process towards everything we yearly honours and community service/safety motional system, as well as through our hir- do. We try to hire the best, promote the best awards. The service also recognizes length-of- ing, we started to change as an organization. and if someone is not performing to the level service, promotions and retirements. “When you are comparing police service they are supposed to perform at, we will try to police service, I consider ourselves to be a and deal with that through remedial efforts, Community involvement: A+ value based organization... (We are) not only training and through punishment. The HPS supported some 100 charitable guided by policy, procedures, standards and Mullan says there are many factors that groups, both local and national, last year. regulations, but our members make decisions have attributed to HPS’s progression and rec- Members have a say in which charities are and live their lives based on organizational ognition as a top 100 employer of the last four selected and receive paid time off to volun- values they have agreed to follow.” years. He specifically highlights the service’s teer locally. Many also help organize, raise These values led to the HPS being recog- career development plan, as a best practice that money and volunteer – on their own time – nized as one of Canada’s top 100 employers has been examined by police services nation- for numerous charities.

Blue Line Magazine 6 NOVEMBER 2005 Blue Line Magazine 7 NOVEMBER 2005 Employee pay levels competitive. Per- communications: A formance bonuses can reach The HPS publishes the nine per cent of salary, depend- ‘Police Informer,’ an in- ing on tenure. house newsletter which up- Members on maternity dates officers about current leave are paid 75 per cent of developments, and maintains their salary for the first 15 an intranet site to keep them weeks, up to 75 per cent for the up to speed on news and hu- following 10 weeks and are pro- man resource policies. vided access to a nearby An external consultant daycare facility. The service’s compiles the results of an new Mountain Station has a employee satisfaction sur- daycare on site. vey, taken every three years, The HPS operated family and submits it to managers. issues committee develops pro- Employee feedback is also grams to help employees balance collected every three years their work and personal lives. through the business plan development process. stationary bikes, stairmasters, rowing ma- Mullan says the key to success is ensur- Community and member needs shape the plan, chines, weights, basketball courts, saunas and ing employees have the best possible work- which is determined through a public process. shower facilities. Fitness evaluation and train- ing environment. Internal and external communication was ing programs are also available. “We try to provide as much support as we one of the areas highlighted in the 2003-2006 The service’s employee lounge and rest can to individuals within the organization so HPS business plan. Some 1,400 surveys on the areas, which feature comfortable couches, TVs, they can flourish and thrive not only profes- service’s strengths and weaknesses, opportu- pool tables, sleep rooms and Internet kiosks, sionally, but also within their off-duty life and nities and threats were filled out by residents. were also recognized by MediaCorp. There’s home environment. We give opportunities for Internal and external questionnaires revealed also a kitchen, outdoor eating area and people to volunteer, committees are struck that interesting differences, notes Mullan. barbeque. Open-concept workstations, ergo- examine issues related to family... (and) our “We thought we were doing such a great nomic workstation design and access to natu- board has ensured our wages and benefits are job in regards to external communication but ral light for all employees were other features comparable to the best in the province. people externally were telling us that, in fact, it noted. “What we are trying to do is create an en- it wasn’t so great – so we had to improve that. Members are given input into the design and vironment where people work and act profes- Our members here were saying we do a great purchase of new police vehicles and equipment sionally, provide quality service and allow them to achieve their dreams. When you put all those job externally but a lousy job internally, so the and the HPS headquarters is located downtown, ingredients together... people inside the organi- reality was we had to improve both internal a short walk from the city courthouse. zation will thrive and the organization as a and external communications. In the last stra- whole will begin to reflect that. It is really im- tegic plan, we were able to alter some of the Work atmosphere and social: A portant for organizations to examine how they things we were doing in order to meet the com- When applicable HPS members dress in treat people internally because when people are munity needs better.” casual business attire and are permitted to lis- not happy, quite often it affects their perform- The service’s commitment to intelligence- ten to the radio or music while working. ance within the community.” led policing, another plan objective, began to A ‘social and retirement committee,’ HPS is basically a customer service or- pay off last year. which has operated since 1978, organizes a ganization, Mullan says, and its people have “We were able to show the single greatest range of popular social events annually, in- to feel good. decrease in crime out of any major municipal- cluding a family Christmas party, held at “We are the only police service to have ever ity in the country,” proclaims Mullan. “Over- Copp’s Coliseum, volunteer awards banquet been identified as a top 100 employer. You just all, we had a 13 per cent reduction in crime and police retirement dinner. have to look at the many assets people have and I really credit that to the hard work of our Members can also participate in athletic within the organization. We give everyone who front line officers, who have taken on the con- activities, including hockey teams, dragon boat works here an opportunity to expand their ca- cept of intelligence led policing.” races, women’s football and the annual ‘Cops reer, move forward and find a fulfilling job and Mullan credits the partnership the service and Cats’ basketball tour with players from the we do that by our career development plan. has with the community with helping to reduce Hamilton Tiger Cats. “We are not the ones who decide where crime, noting Hamiltonians are very willing to people end up – it is the member themself who speak up about issues in their city. The force Vacation & time off: B+ works towards where they want to go and they encourages this through public forums, held The Top 100 Employers’ survey rated HPS’s are allowed to apply to these positions. Ulti- once a week for two months in different areas vacation and time off as average. New mem- mately, what I want as an organization is to of the city. They have strengthened commu- bers receive two weeks of vacation after their give people as many opportunities as they want nity support, helped the service ensure it was first year, increasing to three weeks after three or can have.” meeting community needs and highlighted years of service. Long serving members get a HPS Chief Brian Mullan can be reached at strengths and weaknesses, says Mullan, who maximum of nine weeks vacation and members [email protected]. attends the forums and tries to set the tone for can apply for unpaid leaves of absence. honest and open communication, which is one of HPS’s organizational values. Health, financial & family FAST FACTS The business plan process also uses town benefits: A • Provides policing services to over 512,000 hall meetings, statistical analysis, internal and HPS pays the full premium for health ben- residents external forums and considers national crime efits for employees and their families – even • Deploys 720 police officers and 263 civilian trends; the resulting document becomes a ref- retirees. New members are not subject to wait- members erence for all members, he says. ing periods for eligibility. The plan covers rou- • Operating budget for 2004 was $98,218,270 tine dental work with no annual maximum and • In 2004, responded to over 84,800 calls for service Physical workplace: A+ 80 per cent of restorative dental (up to $2,000 and handled 40,541 reported offences Members in the city’s four divisions are a year) and orthodontics (lifetime maximum • Hamilton saw a 13% decrease in overall crime in 2004 offered personalized workout programs and of $2,000). access to fully equipped exercise rooms. Mem- Outside surveys and individual member • HPS has one of the lowest employee turnover rates in Ontario bership is free and facilities have treadmills, salaries are reviewed every 12 months to keep

Blue Line Magazine 8 NOVEMBER 2005 Blue Line Magazine 9 NOVEMBER 2005 Taking ownership of your beat Up to date stats and information co-ordinates efforts by Ryan Siegmund New software is helping front line Hamilton police officers target problem areas and tai- lor beats to increase their effectiveness. Beat Tracker, a new geographical crime map- ping system, profiles com- munity hot spots and has helped the Hamilton Police Service (HPS) re- design its patrol deployment model to better promote proactive policing and increase of- ficer accountability. A lack of timely intelligence and poor in- formation sharing between beat squads impaired community policing in Hamilton. The new soft- ware is bridging this gap and alleviating some of the communication problems, says HPS Su- perintendent John Petz. Front line officers don’t have a lot of time and needed something “quick and dirty” – simple to use, readily available and able to automatically process crime data, which was often skewed and outdated. Launched in May, Beat Tracker’s up-to- date, geographical profiles allow officers to map crimes in their beats. It reads information put them in the right spots – something we HPS’s re-engineering committee looked into from HPS’s CAD system, which in turn pro- haven’t been able to do in the past. the matter and began working to redesign the vides data on crimes that officers may query. “It’s all about leaving the front door of the way officers were deployed. It became clear that Once an offence and a time frame is selected, station with a plan and not just waiting for the officers were policing without sound informa- red squares representing those crimes appear radio to send you someplace. If you have a plan, tion, simply reacting to crimes – a direct result on a geographical mapping system. and you have the time to address the problem, of outdated, manually processed crime data. Accessible through HPS’s intranet service your chances of making an arrest or solving a “I’d get April stats at the beginning of May from any desktop, the software offers 24 hour problem are higher because you know where and I’d say ‘holy mackerel, B&Es are up in upload and provides officers with crime analy- to go. We have learned that just general patrols this area, we’ve got to do something about it,’” sis information they can review before start- do not work.” recalls Petz. A task force would be quickly put ing each shift. together and “a month later, I get the stats back “What makes this a Canadian first is that Quality of life issues and ‘wow, they are cleared up.’ The problem it’s available to the front line officers,” explains There was a lot of discussion about commu- is, I don’t know if it went away before I even Petz, “and we have designed it as such so that nity policing as HPS worked on its 1997-2000 started the task force because the data was 30 they can get access to data very quickly and to business plan. Patrol officers said they knew what days old. I think I did a good job but it may data that is timely and accurate. was expected of them but couldn’t deliver, since have moved on its own... there was no proactive “If we see a trend developing in a particu- they were just going from call to call; it was clear side to it.” lar neighbourhood – whether it be break and that systemic changes were needed. Furthermore, there was no communication enters, drugs or robberies – we are now going The service did a very good job of respond- between the four beat squads within the divi- to put our resources there. Now if that is bias- ing to emergencies and investigative support, sion. Each squad viewed itself as a complete ing, that’s exactly what we are trying to do be- notes Petz, but struggled with quality of life unit, setting its own goals. Squads felt they cause the resources are limited and we need to issues, though it wasn’t immediately clear why. owned their beats, but only when they were working them. “That is another reason why we couldn’t handle the quality of life issues; the B&Es in your neigbourhood, cars getting ripped off – you can’t address those things unless you con- sistently monitor them on a 24/7 basis,” says Petz. “If only (one) squad realizes it’s a prob- lem and they are not sharing it with the other officers, it will never get solved.”

Intelligence-led policing The solution was intelligence-led policing using a Geographic Information System (GIS) and crime mapping tools. While HPS needed access to timely and accurate data, it also wanted to make the information accessible to

Blue Line Magazine 10 NOVEMBER 2005 Blue Line Magazine 11 NOVEMBER 2005 front line officers as well as crime ana- are on different squads because you lysts and strategic planners, who re- need to work as a team and we are quired more sophisticated applications. holding you accountable for the health The Beat Tracker mapping system of the geography that you are as- features a quick filter option, allow- signed... we want the officers to actu- ing users to map out criminal offences ally feel for their areas and their as- in increments from 24 hours all the signed beats.” way up to one year. The software also The eight officers assigned to has an ‘identify events’ option which each of the four beat squads now all brings up tombstone information such answer to one crime manager, who as the CSC number, date and time of proactively looks after the problems an incident and where it occurred. of a particular sector. If there is a “In a nutshell, Beat Tracker al- problem, the crime manager alerts lows the beat officer to map out each officer and gives them the infor- crimes in his or her beat and from mation needed to help solve it. “This that, make strategic plans,” says HPS is what will solve the quality of life Cst. Rennick Berkeley. “Even if I was issues,” says Petz. “You can’t really new to that beat and unfamiliar with problem solve anything until you have all those streets – now I have a per- all the data needed to see how big your sonalized map and can check out all problem is, or where your problem is. the hot spots. From the trend reports I get from the “If I’ve been off for two weeks crime analyst, I can see which beats holidays, I can bring up data from the are up, which are down and I can de- last 30 days, which will give me an idea of what policing idea.” termine where we are being effective, and happened. You really have to break it out over HPS hopes patrol cars will eventually be where we are not, as an organization.” a week or so to see a trend happening, because able to wirelessly access the system; that’s not Still in its early stages, HPS wants to inte- it’s the trends that interest us. Once you see a possible now because of bandwidth restrictions. grate Beat Tracker with in-house products — trend – you are biased – now you put resources Beat Tracker is being used in the city’s east a new records management system, for exam- into that area because the chances of me get- end as part of a pilot project until December, ple. In the meantime, officers are free to use it ting somebody for that particular offence are when a decision will be made about rolling it whenever they want. pretty good.” out to the other two patrol divisions. “The whole trick to this is not just to make Officers can create their own custom the tool available but to create the desire to use maps; staff sergeants have been printing maps Geographic ownership it, and that is where the re-engineering builds showing crime trends to take to community Beat officers didn’t used to access crime that geographic ownership to make officers meetings, increasing public awareness of data because they had no sense of ownership, care – make them want to care and make them problem areas. Petz says. “We proposed the geographic polic- want to use it,” says Petz. “A picture is worth a thousand words,” says ing model, where we actually assign teams of Berkeley. “If I show you a map, it kind of hits officers to a particular beat and say ‘that is your For more information contact: Rita Lee Irvine; Corporate Planning Branch Manager; 905-546-3868, close to home and draws the community into beat, that is your priority,’” he says. [email protected] it, as well as addressing the community based “We are saying it doesn’t matter that you

Blue Line Magazine 12 NOVEMBER 2005 Blue Line Magazine 13 NOVEMBER 2005 by Louis L. Akin Blood spatter analysis is an important part Velocities of blood spatter of contemporary crime scene investigation. The velocity of the force that caused blood in the trail of a person who is bleeding; larger Every officer should at least understand the spatter to strike a surface is used to indicate the pools may indicate where they paused. basic principles and procedures and be able to speed of the force which set the blood in mo- correctly record data for later interpretation by tion, (not the speed of the blood itself). The speed Medium velocity a blood spatter analyst. of the blood is measured in feet per second (fps); A basic understanding enables the officer low velocity blood may drip from a wound as a to correctly collect blood stain data at the scene result of gravity, while high velocity blood may or from photographs of the scene, and intelli- be caused by a bullet moving at 900 fps. gently converse with the Crown attorney, medi- cal examiner, homicide detectives, and experts Low velocity on blood evidence. This understanding is im- portant, because the interpretation of blood spatter patterns and other evidence at crime scenes may reveal critically important infor- mation such as: • The positions of the victim, assailant, and objects at the scene Medium velocity blood spatter is produced • The type of weapon that was used to cause by an external force greater than five fps and the spatter less than 25 fps. The stains generally measure • The number of blows, shots, stabs, etc. that one to three milimetres in size, and are often occurred caused by blunt or sharp force - that is, knives, • The movement and direction of victim and hatchets, clubs, fists, and arterial spurts. assailant, after bloodshed began Most medium velocity blood found at • It may support or contradict statements given Low velocity stains are produced by an crime and accident scenes will be patterns by witnesses. external force less than five fps (normal grav- created by blood flying from a body to a sur- The investigator may use blood spatter inter- ity) and the stains are three milimetres and face after blunt or sharp trauma, or the body pretation to determine: larger. These usually result from blood drip- colliding with blunt or sharp surfaces. It may • What events occurred ping while a person is still, walking, or run- also be caused by a punch, stabbing, or a se- • When and in what sequence they occurred ning, and sometimes from cast off. Dripping ries of blows or in the case of an accident, the • Who was, or was not, there blood often falls at a 90° angle and forms a body striking surfaces inside or outside a ve- • What did not occur 360° stain when it hits a flat perpendicular sur- hicle. A void space may be created by any- Fortunately, the procedures are not com- face, depending on the texture of the surface. thing that blocks the blood from falling on plicated and, while it is easier to use software Spines can be caused by drops repeatedly land- the surface where it would have landed. The to make the calculations, the process for doing ing in the same place, by the distance the drop object creating the void may be the victim or it with a hand-held calculator can be learned falls, or by the surface upon which it lands. the attacker’s body or a piece of furniture that from a source as brief as this article. Low velocity blood may also be found was moved to stage the scene.

Blue Line Magazine 14 NOVEMBER 2005 High velocity Point of convergence (POC) The traditional method of The POC is the intersection where lines analysis drawn through the centre of the individual Since the opposite and hypotenuse of a tri- stains meet (at the X-Y axis intersection) and angle are the same as the length and width of the is determined by drawing lines or strings stain the AOI will necessarily be the same as an- through the long axis of individual spatters as gle “a” inside the triangle (See Fig 1). The AOI seen in Figure 2. is the inverse arc sin of the width/length (W/L) ratio, so first calculate the ratio W/L then SIN -1 (2nd function) to get the degrees of “a” and AOI. Lines drawn through the central axes of the blood drops can be laid flat to show where they converge and then raised to show points of hemorrhage.

The Z axis The Z axis is perpendicular to the surface on which the POC is located. It is easiest to imagine in relation to a floor, in which case the Z axis would equal the backbone of a per- Figure 2 Lines through the central axes of son standing up. However, the measurements the spatter cross at the POC. may also be taken from a wall or furniture sur- High velocity blood spatter is produced by face. With a wall, the Z axis would be perpen- an external force greater than100 fps and the stains Determining the AOI dicular to it. If blood spatter was also on the tend to be less than one milimetre. The patterns, The next step in the process is determin- floor, then the perpendicular Z axis from the which are sometimes referred to as a mist, are ing the AOI for representative bloodstains. The floor and wall would cross where the points of usually created by gunshots or explosives, but traditional way to calculate this is with a hand- hemorrhage meet. may also be caused by industrial machinery or held calculator. The problems with this are that Once the POC and the AOI have been es- even expired air, coughing, or sneezing. In any 1. It allows for entry errors, tablished, the next step is to locate the point of case, they tend to be tiny drops propelled into the 2. The user must remember the trigonometric convergence three dimensionally, which will air by an explosive force. High velocity droplets formulas, and require a perpendicular axis and is ordinarily travel the least distance because of the resistance 3. It doesn’t store or print out the calculations. dubbed Z. of the air against their small mass. The latest software eliminates these three While the POC is perpendicular to the two Theory of blood spatter problems. The data is posted to a screen so that dimensional intersections of the X and Y axes, interpretation errors can’t be made and the software knows the PO is located above the POC on the per- pendicular axis, 90 degrees perpendicular to Angle of impact (AOI) the formulas and does all the calculations au- Experiments with blood have shown that tomatically. The information is stored digitally the floor. It is the point from where the blood it tends to form into a sphere rather than a tear- so that it can be printed, e-mailed, or faxed and hemorrhaged or was disgorged from the body. drop shape when free falling or projected in easily readable Word documents which can be The formula to determine the PO on the Z drop size volumes (approximately 0.05ml or used by any agency or investigator. axis is similar to the one used to establish the 20 drops per millilitre, though some are larger AOI except that the tan function is used. First, or smaller). The formation of the sphere is a The software method of analysis measure the distance from each blood stain result of surface tension that binds the mol- When using medium or high price range along its central Y axis to the POC. Then take ecules together in a liquid form, rather than let- software, performing the calculations to deter- the tan of the degrees of the AOI. Third, multi- ting them disperse as a gas. This shape is criti- mine the AOI and PO are as simple as filling ply the tan of the AOI by the distance along the Y axis. The answer will be the height on cal to the calculation of the angle of impact of in the blanks. The user can just enter the length the Z axis of the point of origin. blood spatter, which will be used to determine and width of the representative blood stains and the point or area from which it originated. the distance to the POC and the AOI and PO Determining the AOI and placement of the Louis L. Akin, LPI, is a licensed professional appear instantly on the screen. point of origin (PO) should be based on a investigator and writer in Austin, Texas with 23 number of spatters; ideally they will provide Blood spatter analysis software programs years experience in investigation and crime range from $149 to $2,000. There are free ver- scene reconstruction. Louis can be contacted an arc of reference points, creating a triangu- at 512-477-2546. lation effect. sions of this calculator on the Internet. The process for determining the AOI is not complicated. When a sphere of blood strikes a flat surface the diametre in flight will equal the width of the stain on the surface (which is equal to the opposite side of a right triangle), as seen in Figure 1. The length of the spatter will be equal to the hypotenuse of an inverted triangle.

Figure 1 Side view of blood drop in air, and then striking a flat surface

Blue Line Magazine 15 NOVEMBER 2005 Going wireless with Bluetooth by Tom Rataj computer hardware and software vendors – keyboards, mice, printers, scanners, cameras, 3COM, Agere, IBM, Intel, Microsoft, Motorola, phones – the list just continues to grow. When Danish King Harald Blåtand unified Nokia and Toshiba – founded the Bluetooth Typically a shortage of USB ports on a the previously warring tribes of Norway, Swe- Special Interest Group (SIG) to promote and computer requires users to repeatedly connect den and Denmark around 940, wireless com- manage the developing standard. The original and reconnect peripherals. This can be quite a munication consisted of smoke signals, a few group has now been bolstered by roughly 3,000 chore, since computers are typically on the floor brass and animal horn instruments, drums and other companies that were or under the desk and all the human voice. licensed to develop or or most of the USB ports When the new Bluetooth wireless technol- manufacture Bluetooth are on the back. ogy, named after him, was first proposed in products. Bluetooth wireless 1998, wireless communication had already Bluetooth wasn’t technology can clear advanced significantly. Unfortunately, it hadn’t meant to replace or compete with wireless com- away much of this mess by making all these done much to help the cable clutter around the puter networking, commonly known as WiFi, connections without wires. It is as simple as typical desktop computer system. but to provide a cheap and reliable two-way plugging a USB Bluetooth adapter (also called Although a number of proprietary cable wireless connection for exchanging small a ‘dongle’) into an available USB port and ac- replacement technologies already existed, the amounts of data between components over cepting the required configuration changes. A actual products using them tended to be ex- short distances. single USB Bluetooth adapter can simultane- pensive, power hungry devices. Despite extensive industry support, imple- ously support up to seven devices, making it To overcome these problems, Ericsson Tel- mentation and adoption has been slow, particu- very versatile. ephones of Sweden developed the base speci- larly in North America. This has begun to Both Microsoft Windows XP and Apple fications for a new short-range cable replace- change with the arrival of new Bluetooth ena- OS X have Bluetooth wireless technology ment technology that provided a universal, bled products. The recent introduction of ver- built in and are designed to work seamlessly unified standard. sion 2.0 of the technology, which offers many with it. Most implementations of Linux also Working with the unification theme dem- improvements, particularly in speed and secu- offer support. onstrated by the late Danish King, they chose rity, will likely further advance market penetra- Numerous vendors, including Microsoft to call the new technology ‘Bluetooth,’ the tion and share. and Logitech, manufacture Bluetooth enabled English translation of his surname. Continu- keyboards and mice. Most new personal dig- ing in the Nordic theme, they developed a logo Why Bluetooth? ital assistants (PDA’s), such as PalmOne and consisting of a combination of the Nordic runes Anyone who owns or uses a personal com- iPAQ devices, are also Bluetooth enabled. for the letters H and B. puter is all too familiar with the rats-nest of Where Bluetooth technology really shines Ericsson and eight other major international wires and cables around the back – cables for though is with cell phones. Many new phones

Blue Line Magazine 16 NOVEMBER 2005 finally support it, primarily for use with wire- on configuration, although only the master and less headsets. While wired headsets are gener- one slave can communicate at once. Such a ally convenient, they can be a hassle to set up group is known as a piconet. Several piconets I totally enjoyed your article on the Job Haz- and the wire can easily become tangled. can be connected together into a scatternet and ard Analysis for Customs In- A Bluetooth headset, on the other hand, just communication can occur between all the con- vestigators and Intelligence needs to be turned on, hooked onto or inserted nected devices. Officers. (Ottawa’s “run- in the ear and it’s ready to use. With a typical Up to eight Bluetooth enabled laptops or away” Philosophy - Aug Sep range of ten metres, the phone can easily be PDA’s can be used to create an ad hoc piconet 2005 issue) left on a desk or table while the user moves to exchange small amounts of data when they’re You were very accurate in around the room. In a mobile environment, the in close proximity, such as during a meeting, your statement regarding that phone doesn’t need to be held in the user’s further enhancing the versatility of Bluetooth. the analysis was ‘guided.’ hand, somewhat improving safety. The consultant was told this is the answer, now Security issues you fill in the rest. The federal government has Technical stuff Each Bluetooth device has a unique elec- said that they don’t need another police force. Bluetooth is an industrial specification for tronic serial number, allowing for secure com- Twice they have gone down the JHA road, once personal area networks (PAN’s). Its technical munications. A cell phone and a Bluetooth for Customs Inspectors, now for Investigators specification is IEEE 802.15.1. headset, for example, can be ‘paired’ by a user, and Intelligence officers only to reach the same Bluetooth devices work in the same unli- so that only a specific phone and headset will conclusion - they don’t need firearms. censed 2.45 GHz radio frequency as WiFi net- work together. These paired devices can also If the job wasn’t dangerous, why are they works, although they subdivide the frequency encrypt all communication between each other issued body armour? Why was a police tacti- into 79 individual channels to avoid conflicts. so that other devices, or people with equipment cal squad deployed to the borders in the Niagara The standard uses an efficient time-sharing, capable of intercepting Bluetooth communica- Region several weeks ago? It can’t be be- frequency-hopping design and small data pack- tions, cannot readily listen in. cause there was any danger because that would ets to ensure reliable, high-speed communica- Some early generation Bluetooth devices mean that the JHA’s were flawed. tion between devices. could be hacked using such processes as Unfortunately society has become more There are three types of Bluetooth devices: ‘Bluesnarfing’ and ‘Bluebugging.’ Most of the dangerous. With that being said, it’s only com- Class Three use only one mW and have a range known security issues have been addressed as mon sense that the men and women who pro- of about one metre, Class Two use 2.5 mW of the technology matures. tect our borders be allowed the right to protect power and are good for 10 metres and Class Bluetooth offers a simple, low-cost solu- themselves. Being armed doesn’t make Cus- One use 100 mW and work up to 100 metres. tion for connecting a large variety of electronic toms a police force - both fisheries officers and First generation devices were rated at a devices without the need for specialized cables forest rangers carry firearms and they aren’t maximum data rate of 723.1 kbit/s, while the or software. Its low power consumption and considered a police force. They carry them just arriving second generation increase that versatility make it an ideal technology for an because their jobs are dangerous. Being armed to 2.1 Mbit/s (this compares to the latest increasingly connected world. allows the officers to protect Canada’s borders 802.11g WiFi networking rating of 54 Mbit/s). Tom Rataj is Blue Line Magazine’s technology editor and and themselves. A single ‘master’ Bluetooth device can he can be reached at [email protected] connect with up to seven ‘slaves,’ depending — Mike Walker

Blue Line Magazine 17 NOVEMBER 2005 Protecting the community requires co-operation by Bob Brown and Doug LePard Griffiths, head of business devel- opment of England’s National Pro- Public safety is vitally important bation Directorate. They cannot to all Canadians, yet resources are move without police permission; shrinking relative to the ever-increas- police and parole officers monitor- ing challenges and public expecta- ing the most dangerous offenders tions of accountability have never work out of the same office to bet- been higher. ter co-ordinate their efforts. The One positive result of these program dramatically reduced the changing dynamics is increased co- risk posed by such offenders – 98.7 operation and collaboration between per cent complied with registration public safety agencies, regardless of and monitoring procedures, ac- their disparate mandates. Further, cording to a July 2004 report. collaboration between criminal jus- • The National Resource Center tice agencies and the public is in- for Police-Corrections Partnerships creasing in a variety of ways. (NRCPCP), established in 2004, Commitment to increased col- was created to deliver a partnership laboration is evident from infrastruc- framework for law enforcement and ture changes to grassroots initiatives. community corrections agencies at For example, a ceremonial signing of the Brit- The Correctional Service of Canada (CSC) five regional locations throughout the US. ish Columbia Police Code of Ethics document Mission Statement is consistent with the BC NRCPCP promotes sustainable partnerships was held in January at the Justice Institute of ethics code, stating that the service is part of between police and community corrections British Columbia (JIBC). The code “outlines the criminal justice system and respects the rule agencies through training focused on build- fundamental principles, guiding values and pri- of law. It helps protect society by “actively en- ing and maintaining partnerships. mary responsibilities that guide and govern the couraging and assisting offenders to become Criminal justice agencies must work to- conduct of police officers in their relationships law-abiding citizens, while exercising reason- gether to maintain and improve the effective- with the public, the policing profession and its able, safe, secure and humane control,” the ness and efficiency of each other and the ad- partners and themselves, personally,” according statement highlights. ministration of justice as a whole, according to the JIBC web site. The statement “offers practical guidance to Penal Reform International (PRI). All agen- Here’s an excerpt from the code: for today and inspiration for meeting the cies have their own specific objectives and In addition to the policing profession, we challenges of tomorrow,” according to its in- mandates and sometimes these can conflict, but are responsible to other professions that also troduction. in the end can be expected to work towards serve the public. We must always co-operate “Along with other law enforcement agen- the same overall goal – fair administration of with other police and law enforcement profes- cies across the country, we are committed to justice for all. sionals and with all those in the criminal jus- the protection of the public and the maintenance Most agencies are interdependent and can- tice system in order to develop an open, just of a just and peaceful society,” according to not achieve their specific objectives — or in and impartial justice system. As well we must Public Safety and Emergency Preparedness some cases even exist — without the others, always strive to co-operate with other public Minister Anne McLellan. “We are all partners PRI notes. This mutual dependency makes service professionals in order to advance the working towards one ultimate goal: building interagency co-operation essential. Of course, public good. This involves the sharing of in- strong and safe communities.” this is not to say that criminal justice agencies formation in a relationship-building manner Clearly, community safety is both a present should surrender their independence but sim- that celebrates the interdependent nature of and future challenge, one which was readily ply identify objectives they share with others professionalism promoting the goals of the jus- accepted by the leadership of the Pacific Re- in the criminal justice system. tice system. gion of the National Joint Committee(NJC) of Lastly, interagency co-operation should not Senior Criminal Justice Officials at their meet- be viewed merely as a ‘project,’ which, by their ing in August 2004. The Pacific Region rou- very nature, are limited in time, purpose and tinely breathes life into the NJC Mission State- scope, PRI states. Interagency co-operation is ment, which highlights “the promotion of ef- an infinite affair, necessary to maintain the fective partnerships to improve the adminis- chain, part of the ordinary day-to-day opera- tration of criminal justice in Canada.” tions of all criminal justice agencies. Effective partnerships need the full co-op- The basic mission for which the police eration of all those involved. Striving for co- exist is to prevent crime and disorder, accord- operative interdependency need not undermine ing to Sir Robert Peel, the father of modern the partners’ respective independence. policing. In viewing the crime prevention The right leadership can shift the theoreti- ‘mission,’ University of Ottawa Criminology cal and inspirational to the operational. Oliver Professor Ross Hastings cautions against the Wendell Holmes suggested that people can be potential for “the overreliance on community divided into two classes: those who go ahead and partnerships.” He highlights among his and do something and those who sit still and concerns that “participants in partnerships inquire why it wasn’t done the other way. Here bring different expectations and capacities to are some examples of where inspiration shifted the table and those with the most power can to perspiration, resulting in enhanced commu- exercise disproportionate control. In practice, nity protection: this can mean that partnerships serve their • All convicted sex offenders are registered interests as much as those of the community.” with the police under the Staffordshire, Eng- Notwithstanding this legitimate concern, land MAPPA program (Multi Agency Public strong leadership should and can mitigate any Protection Arrangements), reported David potential shortcomings.

Blue Line Magazine 18 NOVEMBER 2005 Leadership is also fundamental to our col- rections, the Crown, or even offender-support- lective criminal justice system mandate— pro- ing groups – serves the same customer: the tecting the community; that requires inspira- public. While we approach public safety from tion, leadership, co-operation and ‘perspira- different angles, our end goal is always the tion.’ The NJC organized a partnered ‘commu- same: public safety for everyone. We can best nity protection conference’ and ensured vari- achieve that objective by working well with ous system components were well represented each other and with the community.” both as delegates and presenters. Community The conference “marked a significant participation was also deemed critical. step in enhancing our service’s partnerships This venture was accepted in partnership with other criminal justice agencies, includ- by the following three primary agencies: ing the police, the Crown and provincial cor- • British Columbia Crime Prevention Associa- rections,” noted Don Demers, CSC Pacific tion (BCCPA) Region Deputy Commissioner. “We are tied • British Columbia Association of Chiefs of by a common goal and that is to protect the Police (BCACP) community. All the various criminal justice • Pacific Region National Joint Committee components contribute to our objective of (NJC) safer communities, but we can achieve so The two-day conference, entitled ‘Com- much more by staying in close contact, keep- munity Protection is Paramount: Co- ing each other informed and in working more ordinating the System’s Response to High closely together.” Risk Offending,’ was held in Richmond, BC The critical issue now facing the numer- in Feb. 2005. The theme evolved around two ous partners involved is ensuring the positive primary criminal justice goals: community momentum does not falter. Interagency co-op- protection and crime prevention. It was ac- eration must be an infinite affair and we must cepted that system co-ordination was critical find more ways and means to enhance our con- to achieving these goals. structive interdependency while maintaining “This conference is another example of our respective independence. how much more we can accomplish when we Accomplishing this worthy goal requires engage in true consultation and when we work inspiration, leadership, co-operation and per- together towards a common goal,” said Chief spiration, but the contribution it can make to Constable Jamie Graham of the Vancouver safer communities is well worth the effort. Police Department. “We all recognize the need for independence, but we also know that we Bob Brown is with the Correctional Service of Canada; are interdependent as well. Each of our agen- Doug LePard is Deputy Chief Constable of the Vancou- cies – whether we’re in law enforcement, cor- ver Police Department’s Investigation Division.

Blue Line Magazine 19 NOVEMBER 2005 Police can detain to investigate by Mike Novakowski turned up additional drug items in his pockets. vehicle, the time of day and the reactions of (the At trial in the Provincial Court of New- accused) and the passenger, exhibiting shock A provincial high foundland and Labrador, the accused was ac- and apparently trying to hide something, the court has again affirmed quitted of possession of marijuana for the pur- officer had reasonable grounds to suspect that the right of police to de- pose of trafficking. In the trial judge’s view the occupants of the vehicle were involved in tain suspects for inves- police violated Chaisson’s Charter rights and criminal activity and that a detention for the tigation, short of arrest- the evidence was excluded under s.24(2). purpose of questioning them was necessary. The ing them. The Crown appealed to the province’s detention was conducted in a reasonable man- In R. v. Chaisson, highest court, conceding breaches of ner and was very brief in duration (para. 28). 2005 NCLA 55, a po- Chaisson’s rights under s. 8 and 9 of the Char- lice officer saw a lone ter but arguing the decision to exclude the evi- The seizures vehicle with two occu- dence under 24(2) was wrong. The seizure of the evidence fell under two pants parked in a dark Authoring the unanimous appeal court categories – plain view and search incident to area of the rear parking lot of judgment, Justice Welsh, in an unusual turn, arrest. Addressing the seizure of the marijuana a closed gas station just after midnight. There rejected the Crown’s concessions of the Char- in plain view, Welsh wrote: was a 24-hour donut shop and a closed restau- ter breaches. Reliance on the doctrine depends on three rant nearby. The officer pulled up about three requirements. First, the officer must be lawfully feet away from the passenger side of the parked The detention in a position from which the evidence was plainly vehicle. The lights were out and it wasn’t run- Although Chaisson was detained when in view. Second, discovery of the evidence must ning. The occupants did not initially see the asked to get out of the vehicle, it wasn’t arbi- be inadvertent; that is, the officer must not have officer, but were shocked when they did – the trary since police are entitled to detain to in- knowledge of the evidence in advance. Third, it driver threw something onto the floor and tried vestigate. A two prong analysis must be made must be apparent to the officer at the time that to stuff something else under the seat. in assessing whether an investigative detention the observed item may be evidence of a crime The officer asked the men what they were is arbitrary. or otherwise subject to seizure. doing and told them to get out of the car. As First, it must be determined whether po- In this case, these three requirements are the passenger exited, the officer saw, in plain lice acted within the scope of their duties rec- satisfied to validate the seizure of the items that view, a plastic bag containing marijuana on the ognized under statute or at common law, which were in plain view when the occupants got out floor and a small piece of the drug on the seat. includes preserving the peace, preventing crime of the vehicle. The officer was lawfully in a Chaisson, the driver, was arrested and placed and protecting public order. Second, the deten- position to see inside the vehicle…. Discovery in the back of the police car; the passenger was tion must be necessary to perform the recog- of the evidence was inadvertent in the sense also arrested and held outside the vehicle. nized duty – there must be reasonable grounds that the officer had no preconceived view re- A search turned up two sets of scales, in to detain, formerly known as articulable cause. garding what he would find when he ap- plain view, more marijuana under the driver’s In holding that the detention passed constitu- proached the vehicle. Finally, when the occu- seat and just over a kilogram of marijuana in tional muster, Welsh stated: pants got out of the vehicle and the officer saw the trunk. After the search was completed – As applied to the case before this court… I the ziplock bag containing what appeared to about 20 minutes after the arrest, Chaisson was conclude that the officer did not arbitrarily de- him to be marijuana, together with a small advised of his right to counsel, taken to the tain (the accused) within the meaning of sec- piece of what he believed to be marijuana on police station and searched further, which tion 9 of the Charter. Given the location of the the passenger seat, in plain view, he was aware that these items may be evidence of a drug re- lated offence (paras. 33-34). Following the seizure, the officer arrested Chaisson. The power to search incident to ar- rest may include an automobile, provided po- lice are attempting to achieve some valid pur- pose connected to the arrest, such as protect- ing or discovering evidence. Here, “the search was conducted in a reasonable manner and for the purpose of discovering and preserving evi- dence incidental to arrest,” said Welsh. Simi- larly, the search at the station was also con- ducted in a reasonable manner and for a valid purpose incidental to the arrest.

Right to counsel Under s.10(b) of the Charter an arrestee is entitled to be advised of their right to counsel without delay (which means immediately). In this case, the officer did not advise Chaisson of his rights until some 20 minutes later, which amounted to a breach. However, contrary to the trial judge’s decision, Welsh ruled the evi- dence admissible under s.24(2). The Crown’s appeal was allowed, a con- viction was entered and the matter was remit- ted back to the trial judge for sentencing.

Blue Line Magazine 20 NOVEMBER 2005 Extended search incidental to detention unlawful by Mike Novakowski Ultimately, (the trial judge) found that the ing the evidence was ad- (accused’s) story could have been checked out missible. Expanding a search incidental to investi- by the officers and that the situation faced by The extended gative detention beyond a pat down and into a them wasn’t sufficiently exigent or critical to search could reason- vehicle must be shown to be reasonably nec- warrant extending the search to the contents ably be viewed as a essary in the circumstances, Ontario’s highest of the closed box in the glove compartment of relatively serious court has ruled. the car. It wasn’t reasonably necessary for the breach of the (ac- In R. v. Batzer (2005) Docket: C41793 search to go that far. She concluded that in all cused’s) Charter (OntCA), two police officers responded to a the circumstances the extended search was rights. It went beyond homeowner’s 911 call that two armed men unreasonable. what was required to dressed in dark clothing were outside his resi- Her finding that the circumstances were not mitigate concerns about dence. The caller was frantic and police re- sufficiently critical is supported by the fact that officer safety. The officers ceived further information that the men were the occupants of the car were said to match a had no reasonable and now believed to be on the roof. description that was only very general and un- probable grounds. The house was one of three located in an specific, the absence of weapons on their per- There is a considerable expectation of privacy isolated area. Shots had been fired at one of son, the innocent explanation offered for their in a small case that is zippered shut in the glove the other homes in a random, unsolved drive- presence and the apparent absence of footprints compartment of one’s car – and where one of by shooting two weeks earlier. The officers fleeing the area of the house. the officers makes clear that she would have parked their car nearby, walked to the house The same is true of the finding that their searched this car and any car coming down the and spoke to the homeowner. One of them innocent explanation could readily have been road that night, regardless of whether she has noted a second male inside. The homeowner checked so as to make the extended search the common law power to do so, it is hard for now thought the suspects may have gone into unnecessary. The two occupants were hand- the police to rely on good faith in light of this a field but there were no tracks in the snow cuffed and on the ground. The officers were a ignoring of the scope of the officers’ authority. that had fallen around the house. very short distance from the house and had just Finally, in all the circumstances, includ- While on scene the officers approached a spoken to the owner. They were aware that there ing the readily available alternative of check- vehicle parked a short distance away from their was a second male in the house. The (accused’s) ing out the (accused’s) explanation for being cruiser. They did not hear it arrive and were story could easily have been checked, with no there, I cannot fault the conclusion that the ad- concerned that the gunmen may have returned. meaningful, if any, extension of the appellant’s ministration of justice would be brought into The two occupants matched the general de- detention beyond that required for the extended disrepute if the evidence obtained by the ex- scription of the suspects – males wearing dark search. If confirmed, the extended search would tended search was admitted> (para. 24). clothing – and were detained for investigation, have been unnecessary (paras. 18-20). The appeal was dismissed and Baxter’s ordered out of the car and onto the ground, The trial judge was also correct in decid- acquittal was upheld. handcuffed and asked what they were doing. The driver, Batzer, explained he had been invited to come over by a resident of the house but got stuck in the snow as they arrived. They were patted down for weapons and the car was searched but nothing was found. The glove compartment was checked on a second search of the car and a zippered, nylon case with ‘Remington’ – a gun manufacturer – written on it was found. Police opened it and found 22 grams of cocaine and 13 ecstasy pills. Batzer was arrested and charged with possession of drugs for the purpose of trafficking. Batzer was acquitted of the drug charges at trial in the Ontario Court of Justice. Although the judge found the initial detention for inves- tigation and incidental pat down for safety was lawful, the extended vehicle search was unrea- sonable and violated s.8 of the Charter. She found the circumstances were not so exigent because police could have determined whether Batzer’s innocent explanation for his presence was true. Had they checked out his story, there may have been no need to search the car. The evidence was subsequently excluded under s.24(2) of the Charter. The Crown then ap- pealed to Ontario’s top court. Justice Goudge, authoring the Ontario Court of Appeal’s judgement, suggested that “on the right facts, a search incidental to a law- ful stop could comply with the common law and pass constitutional muster, even though it went beyond a pat down.” However, in this case the trial judge’s conclusion that it was unrea- sonable for police to extend the search as they did was well founded. As Goudge noted:

Blue Line Magazine 21 NOVEMBER 2005 BC drug warrants not restricted to days A Niagara Regional police officer collapsed and died, while taking part in an exercise by Mike Novakowski rants to the daytime unless night warrants are for a position with the service’s expressly authorized. In the accused’s view, the emergency task force. Cst. Daniel Rathonyi, 41, was The Criminal Code provisions restricting warrant in this case should have not been ex- participating in a fitness appraisal the execution of search warrants to day time ecuted at night. as part of an application process, hours unless otherwise justified do not apply Justice Ryan, for the unanimous BC Court when he collapsed at a high to drug warrants, British Columbia’s highest of Appeal, rejected this argument. Criminal school track in Welland, Ontario. Officers at the scene provided court has ruled. Code telewarrants are restricted to daytime unless a justice is satisfied there are reason- emergency assistance and In R. v. Dueck & Bushman, 2005 BCCA 448, additional emergency personnel police officers executed a telewarrant to search able grounds they should be executed at night, were dispatched to the scene. the accused’s residence under s.11(2) of the those grounds are included in the information Rathonyi was then taken to hospital where he was Controlled Drugs and Substances Act (CDSA). to obtain and the warrant authorizes night time pronounced dead. Police Chief Wendy Southall The search was conducted just before midnight execution. called Rathonyi “an exceptionally dedicated officer S.11(2) of the CDSA authorizes who loved his job.” Rathonyi is survived by his wife, and police found 461 marijuana plants and 20 Agnes, and two children, Attila, 17, and Thomas, 22. pounds of harvested marijuana. Dueck and telewarrants which can be executed anytime The Ontario Labour Ministry is investigating. Bushman were convicted on charges of produc- and, in Ryan’s opinion, the provisions of s.488 tion, possession for the purpose of trafficking of the Criminal Code do not apply. There was Alberta’s solicitor general says gangs may be waging and fraudulently diverting electricity by the Brit- “no sensible reason… that would require the a war, but they won’t win the battle provisions of a warrant obtained over the tel- in the province. Harvey Cenaiko ish Columbia Supreme Court. plans to meet with the province’s They appealed to the province’s highest ephone or by fax under the CDSA to be differ- police chiefs to continue working court, arguing, in part, that the warrant should ent in substance from one obtained in person, on plans to combat organized not have been executed during the night. Al- where the substantive requirements to obtain crime on a united, province wide though s.11 of the CDSA authorizes the execu- them are the same,” she said. front. Al Koenig, president of the The appeal was dismissed. Calgary Police Association, says tion of warrants “at any time,” they submitted it should be every officer’s job to that the telewarrant procedures (via s.11(2) of Visit www.blueline.ca/resources/caselaw for the complete combat gang activity. But, he says, the CDSA) are outlined in s.487.1 of the Crimi- case. E-mail [email protected] to reach Mike to do that, they need the tools, nal Code, which restrict the execution of war- Novakowski. more resources and the ability to pursue and prosecute gang members. Cenaiko says several plans are in the works for a multi-pronged Campaign to prevent sale of illegal tobacco products approach that attacks gangs from the streets to the jails, and will give police services across the province MONTREAL — The Canada Revenue Agency (CRA), “Essentially, there are no means by which whole- tools to better work together on the problem. in co-operation with the RCMP and Revenu Québec, salers, distributors or retailers can identify counterfeit or has launched an awareness campaign on the effects of contraband tobacco products. This also applies to fed- Ronald K. Noble has been selected to serve a second the sale of illegal tobacco products. eral and provincial policing agencies.” five-year term as Interpol’s Tobacco merchants and retailers in Quebec are the Tobacco products are currently required to be Secretary General. At the 2004 targets of this campaign which is on par with the federal stamped, with most having a plastic wrapper called a Interpol General Assembly in government’s drive to combat non-compliance with to- tear tape which indicates whether the federal excise duty Cancun, Mexico, Noble was bacco related tax legislation. has been paid. nominated unanimously by the The Minister of National Revenue John McCallum The government is considering making the tear tapes executive committee as their says “tobacco contraband activities result in a major loss and stamps to have a shiny thin stripe that would change candidate for a second term in the in revenue, both federally and provincially, and compro- colour when viewed from different angles, much like the post. Noble’s appointment came mise fiscal integrity and government initiatives.” silver band that is featured on new paper currency. by the largest majority vote in To ensure compliance with federal tobacco legisla- In 2004, the RCMP seized 120,000 cartons of con- Interpol’s history – 124 votes in tion, the government allocated eight million dollars to traband cigarettes and 50,000 contraband tobacco tins, favour, none against and one abstention. “Interpol is a the CRA over five years to enhance its ability. Among worth an estimated $10 million. Those figures discount story of commitment to an ideal, a vision seen through the initiatives to be implemented will be enhancements tobacco products seized by border guards at ports, air- the eyes of police of how the world should work,” Noble to the stamping and marking regime for manufactured ports and border crossings said. “I have been living this story every day for the tobacco products, increased audit activities for tobacco past five years. The substantial achievements we have manufacturers, and increased monitoring and tracking made in that period are proof the ideal of Interpol is of raw leaf tobacco. working and that Interpol is succeeding in its mission “It is . . . apparent that the existing stamping and to make the world a safer place.” More fugitives have marking regime of tobacco products can, and is, being been arrested by Interpol National Central Bureaus copied with increasing degrees of success,” reads a re- over the past five years than at any time in the quest for information issued by the agency to companies organization’s history. interested in providing new anti-counterfeit measures. Manitoba Justice Minister Gord Mackintosh says the new auto theft unit, fully implemented on September 3rd with 12 staff dedicated to monitoring high-risk car thieves, is making a dent in stolen car statistics in the province. Car theft in Winnipeg dropped by about eight per cent during the first eight months in 2005 compared to last year’s numbers. Approximately 500 less car thefts have occurred in 2005, from the 5,200 cars that were stolen last year. Judge Thomas Gove, who issued a landmark report on child protection 10 years ago has urged the B.C. government to restore an independent children’s commission to review all child deaths. He says if the commission was still in place, the government would have avoided the controversy over its reviews of a Port Alberni girl’s death in 2002. Sherry Charlie was beaten to death only weeks after an aboriginal agency placed the 19-month-old in the home of a man with a history of violence.

Blue Line Magazine 22 NOVEMBER 2005 Fearing it once posed a danger to public Moments before the car struck Christine and among Aboriginees in many communities safety, the bomb squad in Anchorage, Alaska, the boys, Christine’s younger sister, Heather where alcoholism is a problem. are now apologizing for blowing up a law- Halpern, said her brother-in-law reached out to A spokesperson for state police chief Ken yer’s cannonball. grab his family but he was too late. Moroney was quoted as saying that police Yale Metzger has been dubbed an “idiot” Hildebrand, who was a defensive back for staff responsible for uniforms “did not in- by one local officer for carrying around the the Edmonton Eskimos and the Toronto spect the writing on the vests prior to them antique munition in the back of his pickup. Argonauts in 1989 and 1990, chased after the being dispatched.” Metzger, however, is getting a new can- car and smashed his fist through the windshield Moroney apologized for any offence the typo nonball. Along with the apology the depart- to make it stop. may have caused before the vests were recalled. ment is giving him $58 to buy a new one Halpern said had it not been for her brother- from eBay. in-law’s quick actions, the driver would have *** Metzger says he’s buying one made of solid gotten away. A Calgary man says he knew he was too iron, so there won’t be any question of whether “He’s kind of like the hero,” said Halpern. drunk to drive, however, it didn’t stop his it has explosive gunpowder inside. “I don’t know how he did it.” failed attempt at trying to perfect his wife’s Nolan and friend both escaped serious in- parking job. *** jury, however, Christine was taken to a Los Court was told that 39-year-old David Smoking has been banned from the Angeles area hospital where she was put in in- Aalten had a blood-alcohol level nearly three Headingley Correctional Centre since No- tensive care. She was expected to return home times the legal limit the night he asked his wife vember 2003, however that hasn’t stopped to Edmonton the following day. to drive to the liquor store so they could get inmates from using tea bags to make The 53 year old driver was arrested and more booze for friends they were entertaining. homemade cigarettes. charged with being under the influence of alcohol. Once there, however, Aalten decided he The Winnipeg area jail has countered this didn’t like how his wife had parked in front of problem by no longer serving tea to inmates. *** a pub next to the liquor store. The inmates have been very creative ac- In a sobering lesson to always inspect Aalten promptly got behind the wheel cording to Superintendent Cathy Sandney, who goods before accepting them, the New South and while trying to straighten out the vehi- says they have been using the tea bags, paper Wales police force received delivery of 50 lime cle, backed into another parked car before from Bibles as well as nicotine from chewing green vests with ALCO written on them instead lunging ahead through the front window of gum to manufacture the cigarettes. of ACLO, an abbreviation for Aboriginal Com- Bally’s Bar and Grill – striking and injuring The facility is considering offering instant munity Liaison Officers. five patrons. tea without bags for in the near future, The typing error ALCO is an Australian Aalten has pleaded guilty to impaired driv- Sandney says. slang for alcoholics, a touchy slip considering ing causing bodily harm. Sentencing is sched- ACLO is an agency that defuses disputes uled for December 22nd. *** A former Canadian Football League player used his tackling skills to catch a suspected drunk driver who had struck his wife and son at a cross walk near Disneyland, California. Michael Hildebrand’s wife, Christine, her son Nolan and a friend of his were crossing with a green light at a marked crosswalk when they were struck by an oncoming car.

December 5 – 9, 2005 Fraud Conference Toronto Marriott Eaton Centre Hosted by the Toronto Police Service Fraud Squad. Provided will be a mixture of Lectures and Case Stud- ies discussing a wide variety of Fraud Issues and prac- tices. Cost $350.00 per person. For further informa- tion/contacts go to www.torontopolice.on.ca under Seminars and Conferences, or contact Allister Field at 416.808.7332 e-mail [email protected] or James Farrell at 416.808.7238 e-mail [email protected]. April 25 & 26, 2006 Blue Line Trade Show Markham, ON Blue Line Trade Show, celebrating its 10th year, pro- vides a forum for companies to showcase their prod- ucts and services to Canadian law enforcement pro- fessionals. The show provides an opportunity for law enforcement personnel from across Canada to view and purchase a wide spectrum of products and serv- ices in the law enforcement industry. Admission is free by pre-registration at: www.blueline.ca .

Blue Line Magazine 23 NOVEMBER 2005 Retirement anxiety Loss of identity … or exciting change? by R.J. (Bob) Fitches So what to do about it? What can you and Moving into the future I do to prepare ourselves for this radical sur- In order to carry on with this next, and ar- Over the past several years, I have, from gery we are about to undergo? guably the most exciting part of one’s life, some time to time thought about the whole issue of I now believe that much can and should be preparation well ahead of the event is a great retirement and the obvious and sometimes done by men and women who have invested idea. If you’re even beginning to think about devastating effect it has on many people. I their entire adult lives in carving out for them- retirement – not necessarily tomorrow, now is a have looked around and wondered how many selves their personal niche within small and great time to begin planning your journey! people are able to make the transition so pain- large organizations; organizations that have, to When planning this next phase of one’s life, lessly while others worry and fret for months, varying degrees, defined them as people. all too frequently, we are forced to do so in iso- or even years, before making the ‘leap’ and lation. If we are lucky, we can have some mean- then, when they do, they seem to come apart. Hanging on to the past ingful discussions with our partner. Sometimes, What can be done to help others to make the Professions that capture the public’s atten- however, a partner’s goals for your retirement transition without so much ‘separation anxi- tion from time to time exercise considerable can be somewhat different from yours and oc- ety,’ grief and uncertainty? influence over those involved in the profession. casionally, one’s partner might be even more Many men and women yearn for their re- As alluded to earlier, policing, for example, apprehensive about your retirement than you are! tirement to arrive and then, as it rapidly ap- defines the person and in large measure influ- How often do we hear about the partner’s con- proaches, they appear to turn on their heel and ences who that person is; if not in the eyes of cerns about having someone ‘under foot,’ caus- their little legs can’t seem to take them away others, certainly in the eyes of the person him- ing major interference with his or her routine, from the ‘big R’ fast enough. When they see it or herself. after having spent a few or many years with the approaching, the only thing that can be seen is Some individuals, when they retire, hang house to themselves? It’s understandable but a cloud of dust rising behind them as they do on to the past with a death-grip. Whenever not particularly comforting, perhaps. the Wile E. Coyote air run, waiting for their possible, these folks gravitate toward those who If you accept the notion that much of the Keds to get a grip. are either still involved in the work or those difficulty around retirement has to do with the What causes this dramatic shift in the psy- who have also retired, from the ‘job.’ When perceived loss of identity, then the first step che – from that longing, yearning, pining place listening to conversations among these folks, that needs to be undertaken is a decision about to the sheer and utter terror that seems to grip they almost invariably revolve around ‘remem- your new and improved identity. If you spend the heart when the big day approaches? Why ber when,’ e.g. remember when Joe had that a bit of time really trying to develop a ‘picture’ do men and women want to retreat from their high-speed chase on highway 11? or, Remem- of the new you. You’re going to become re- well-earned reward? Why do men and women ber when Fred shot himself in the toe? ally excited about your future. stay in frustrating, bureaucracy-laden Seldom do these conversations involve dis- • What are (or were) the very best parts of your workplaces, toeing the line for months or years cussions about new and challenging situations working life and your personal life? past their retirement date? Why do well- in which these retirees have found themselves. • What are some adjectives that describe val- intentioned men and women ‘gum up the Even when such conversations do occur, they ues that you possess (or wish you possessed), works,’ causing unhealthy delays in the upward are often short-lived and eventually return to or that describe people you truly admire? mobility of the young, energetic, fresh-think- the familiar ground that cements these relation- • What are the most frustrating parts of your work ing crew that is nipping at their heels? ships. It should be stated here that many, many and why do these things make your face twitch? I remember listening, although not really retirees make a lie out of this generalization! The answers to these questions and others fully understanding, as my father described Remembering and reminiscing about the form the basis for step one of a safe and excit- young men (remember we’re talking about past is a good, healthy and enjoyable pastime. ing journey from where you are to where you many years ago), with university education, It is among the things that friendships are made really need to be. who were relentlessly pursuing their careers, of and it is a pleasant way to wile away the By taking time to clarify who you really are potentially putting my dad’s in some peril. I time. But should it be all that defines us at this you can create a new place for yourself that un- remember him quoting Mark Twain, saying that stage in our lives? til now you’ve been unable to occupy. It might their ‘schooling’ got in the way of their ‘edu- This article isn’t intended to suggest that take a little guidance and encouragement but cation.’ The other thing that I believe I remem- anyone ought to change anything about their believe me; it makes the trip really memorable. ber (I say that because none of us can be en- lives. It is intended to discuss alternatives, and If you are having some difficulty making tirely sure that our recollections of the past are perhaps invite one and all to think about less- up your mind about retirement, or if you de- objectively accurate) is his tacit belief that ening the trauma that all too often pervades that velop hives whenever the thought crosses your General Motors might somehow falter once he magical date. mind, take comfort in knowing that you aren’t left. Now, looking at his situation through more This article is aimed quite squarely at those alone. The grieving process that is often asso- educated eyes, I can see why he felt this way. who identify with one of the following: ciated with retirement is common, but there are It wasn’t logical then, it isn’t logical now but it 1. I’m having a tough time really getting seri- ways to overcome it and, in fact, use it to your happens nonetheless. ous about retirement. I’m still really enjoy- long-term advantage. It has occurred to me that when a person ing myself at work and can’t see any reason You don’t have to make this journey alone. retires from having served a significant time in why I ought to leave, even though I’ve been Talk to someone who you believe appears to a particular organization or profession, the most here for 34 years. have made the trip in relatively good shape. difficult aspect of the transition is this perceived 2. I’m not ready to retire. I’ve still got lots of Ask lots of questions; investigate others’ suc- ‘loss’ of identity. When a doctor leaves the good ideas and as long as I’m making a con- cesses and then adapt them to your needs, your medical profession, he or she is no longer known tribution, why should I leave? wants and your dreams. as ‘my doctor’ or ‘their doctor.’ When a police 3. I’m in the middle of ______project You’ve worked a long, long time and you officer leaves policing, they are no longer known (you fill in the blank). As soon as I’ve fin- deserve to squeeze as much satisfaction, joy as ‘my friend the cop’ (and fortunately no longer ished it, I’ll consider leaving. and fulfillment from this wonderful phase of have to endure the endless, ‘watch it, she’s a 4. I’m not ready to retire yet. I’ll be damned if your life as you possibly can. cop’ when introduced to strangers). Often, this I’m going to work for 34 years and then go sense of loss can be traumatic; it can lead to and work for someone else! Bob is a Personal Life Coach, assisting feelings and emotions akin to grief. These feel- 5. I’ll probably retire in about a year from now; people who are in transition in their pro- ings are at the root of the difficulties encoun- I’m just not ready quite yet. fessional and personal lives - including the tered by many men and women who are about If any or (perish the thought) all of these transition to retirement. He can be to embark upon the newest, and potentially most statements resonate with you, I’m delighted reached at 705 325-6164, or at exciting aspect of their lives. that you’re still reading! [email protected]

Blue Line Magazine 24 NOVEMBER 2005 Blue Line Magazine 25 NOVEMBER 2005 Newfoundland officer an unsung hero by Danette Dooley

The motto on Robert Lyon’s letterhead sums up perfectly why Gary Browne persevered for two years to have the late Cst. Frank Stamp’s name immortalized on Parlia- ment Hill. “They are our Heroes. We shall not forget them,” the letterhead reads. Lyon is a retired Ontario Provincial Police staff sergeant and current coor- dinator of the National Police and Peace Officers Memorial Service in Ottawa. Browne, a retired Royal New- Anita Power showing Gary Browne her father’s foundland Constabulary (RNC) deputy chief, 1929-30 Middleweight Boxing Championship Belt. learned in July that his persistence paid off; Stamp’s name was engraved on the memorial pion, fighting many of the best boxers in his panel on Parliament Hill and he was honoured weight class in Canada and the United States. in the annual ceremony. He resigned in 1930, heading to Boston to Stamp collapsed and died suddenly walk- pursue a professional boxing career, and re- ing the beat in St. John’s, Newfoundland on turned two years later to rejoin the constabu- May 27, 1954 at 1:35 a.m. after chasing and lary. He was 51 when he died. arresting two American servicemen for assault Stamp was a policeman who packed them and disorderly conduct. in at both the Majestic Theatre and the Prince’s Stamp in constabulary uniform with his “This was after the war but there was still Rink in St. John’s, writes Newfoundland his- daughter Anita. a high service representation in Newfoundland torian Paul O’Neill in his book The Oldest City. from the Americans and St. John’s was still a “After securing a record knockout in Hali- armed. St. key port, Europe wise,” Browne explains. fax he had joined Jack Sharkey’s camp in Bos- John’s was a Stamp responded to a call from a St. John’s ton and turned professional. While he did well, very busy port homeowner that one of the men had pulled a his career was a financial failure because of back then, even knife on him after an altercation. He located his age and he returned home two years later.” in non-war the men and, after a footchase, placed them in Stamp married Phyllis Young in 1935. The times,” Browne a police van. A knife was found on the floor couple had one daughter, Anita Power, who says. shortly after the arrest. Media reports of the lives in St. John’s today. Young died in 1942 Retired con- day indicate that one man was convicted of while still in her twenties, leaving her husband stabulary mem- assault and fined $20. to raise their child on his own. Anita had yet to ber Bill Daley The lead in The Evening Telegram on May reach her sixth birthday. was on duty the 29, 1954 – two days after Stamp’s sudden death During a recent visit to Power’s home, she night Stamp died. – indicates he was well known, not only as a showed Browne treasured black and white pho- “We got a caring cop but a nationally and internationally tos of her parents and her father’s 1929-30 Mid- call and a couple of American sol- acclaimed boxer. dleweight Boxing Championship belt. She was Frank Stamp and his wife “Constable Frank Stamp is dead,” the story 18 years old when he died on duty. diers were ar- Phyllis (Young) in swimwear. begins. The reporter was confident his readers Power’s pictures confirm that her father rested,” Daley would recognize, by name only, the man be- wasn’t the only swimmer in the family. His wife recalls. hind the uniform. relished her job as a lifeguard at a park pool. “When he came down, he opened up his He went on to describe how Stamp was Among the snaps are several photographs of jacket. He wrote down a name on his book. writing an official report about the fracas in the young couple in swimwear and one of Then he fell on the floor. I got his head up in the station when “his pencil slipped to the floor Stamp in the middle of the pond, surrounded my arms, I said a prayer for him and that’s and he followed it with hardly a sound.” by ice chips. where he died. We brought him down to the While it was believed he dropped dead Browne’s father and two uncles were also hospital but he was DOA when we got there.” from a bad heart, the reporter noted “spiritu- police officers. He’d heard a great deal over While his life was cut short, Stamp packed ally, it was more than just a good heart, as every the years that confirmed, for him, that Stamp a lot of living into his 51 years. cop in the city, every reporter, will testify.” was just one of many “constabulary unsung Browne is now writing a book about the The story tells of Stamp’s nightly ritual to heroes of yesteryear... . Newfoundland legend, portraying Stamp as a smash the ice in Long Pond and go for a dip. “People don’t realize that, back in those loving father and compassionate cop, with a “There was a cold fall night (police will days, you had thousands of servicemen sta- powerful punch and a pocket full of candy for tell you); Stamp chased two suspected robbers tioned here (in St. John’s). These men are away neighbourhood children. to the piers from which the two, in a last at- from their homes, they come from different “We talk about community-based polic- tempt effort to escape, dived into the harbour. backgrounds. So, from a policing context, there ing today as a buzz word but these guys were Stamp went into the sea like a ton o’ brick, are challenges. It’s like a whole foreign com- doing that naturally in our towns and bays in caught the two by the necks and hauled them munity dropped into a community.” Newfoundland before and after Confederation gagging to shore,” the reporter wrote. Much of Stamp’s service with the con- – and as I’ve said time and time again, there He also noted what “a big Canadian maga- stabulary was pre-1949. Newfoundland was are many Frank Stamp’s out there, our unsung zine said about him once… he’s the strongest still a colony and the force played a major role heroes. It’s only right that they get the recog- cop in Canada.” in policing, including going into Labrador. nition they deserve.” Stamp joined the constabulary in 1925 and “These officers worked in rough times; went on to become a light heavyweight cham- they policed during the war, they were un- You can reach Danette Dooley at [email protected]

Blue Line Magazine 26 NOVEMBER 2005 A lab worker’s records mean freedom to convicts by Kristen Gelineau His name was destroyed and finding work was difficult. RICHMOND, Va. (AP) — The forensic sci- He eventually got a job as a trucker and entist cut off the tip of a cotton swab and tried to lead a normal life, but clearing his taped it to a lab sheet next to a snippet of name remained his priority. He’d learned stained clothing. about DNA, knew the biological evidence in Always save a piece of what you test, Mary his case could clear him, but was told it had Jane Burton instructed a trainee back in 1977. been lost or destroyed. Years before the invention of DNA test- In 2001 Anderson’s lawyer, Peter Neufeld ing, Burton consistently taped swabs smeared of the Innocence Project, wrote a letter to Paul with blood, semen and saliva into case files. Ferrara, director of the state’s Department of When she retired she left behind scores of Forensic Science and asked him to dig up files holding potential DNA samples. Anderson’s case file. Perhaps the file would The lab she worked in is gone now, but a suggest where the evidence had gone. Ferrara warehouse a few kilometres away holds 75,000 type essentially masked his blood type. was scanning the file for clues when he saw covered cardboard boxes - more than 4,000 of “So because of the victim’s blood type, it’s the tip of a cotton swab taped to the paper. them the property of the Virginia Department impossible to say what the type was of the per- He knew the tiny piece of cotton contained of Forensic Science - just waiting for someone son that assaulted her?’’ the prosecutor asked. a smear of biological fluid - the key to unlock- to discover them. “That’s right,’’ Burton replied. She could ing the truth. One of the first cases overturned with the draw no other conclusions from the physical The sophisticated DNA testing that wasn’t help of Burton’s meticulous information-sav- evidence. available back in 1982 revealed what Anderson ing was one where originally her work had But the victim testified that the man who had and his loved ones had known all along: he been of no assistance to either the defence or brutalized her was unquestionably Anderson. was innocent. the prosecution. “His face will always haunt me,’’ she said. On Aug. 21, 2002, Gov. Mark Warner On July 17, 1982, a woman stopped to help While other witnesses insisted that Anderson granted Anderson a full pardon. He became the a bicyclist who was sitting on a path, clutching had been washing his car at the time of the at- first Virginian to be cleared by genetic testing. his knee. The man grabbed her arms and tack, their evidence was no match for the pros- As Anderson’s story spread, others stepped dragged her into a wooded area. He told her he ecutor’s gruesome description of the assault. forward, wondering if evidence had been saved had a gun and demanded money. She handed Anderson was sentenced to 210 years in in their cases, too. him all she had - 21 cents. He snatched her prison. Burton’s samples were found in the case wallet and found another quarter. Then he Standard procedure in Virginia was for bio- files of two other convicted rapists, one who punched her in the face. logical evidence to be returned to the authori- had served 21 years and another who had For three hours, the woman was raped, ties after testing. After a few years, it would be served 23. DNA testing cleared them both. sodomized, beaten. The rapist, who was black, destroyed, except in death penalty cases. In Anderson’s case, the samples Burton told his young, white victim she reminded him Why Burton insisted on saving such sam- saved implicated John Otis Lincoln, an inmate of his white girlfriend. ples is as big a mystery as the scientist herself. who was already serving 23 years for grand At the same time, in another part of town, Some speculate that she had a premonition larceny, assault, robbery and burglary. Lincoln a young, black man named Marvin Anderson that science would improve. Her trainee, was convicted of the rape in 2003 and sen- stood in his mother’s driveway, washing his Deanne Dabbs, thinks there’s a simpler expla- tenced to three life terms plus 40 years. car. Back at their apartment Anderson’s young, nation: Burton liked to have something physi- In September 2004, the governor ordered white girlfriend was preparing dinner. cal to show to a jury when she testified. the lab to check the archives for more samples Interracial relationships were rare in the Burton herself was an enigma to co-work- Burton might have saved. The quest to find small southern town and it wasn’t long before ers, who knew her as a brilliant and tenacious others who might be exonerated goes on. Anderson was under arrest. forensic scientist. She spent long hours in the For those saved by her work, Burton is a hero. Burton handled the evidence in the young lab and rarely spoke of her personal life. A “That woman is a blessing from God,’’ woman’s rape case just like all the others. When three-year marriage ended when her husband Anderson said. “She was always looking to- she finished testing the specimen on a cotton died of pneumonia. She never remarried - her ward the future.’’ swab, she cut off the top, took a strip of Scotch passion was her job. tape and secured it to a lab sheet. She retired in 1988 and lived a quiet life in Burton detailed for the jury the evidence a Cincinnati retirement community until her she had received and tested, but explained that death 10 years later. the victim was a type AB secretor, which com- Anderson was released on parole in 1997, plicated matters. The assailant’s fluids were but after 15 years behind bars freedom wasn’t mixed up with the victim’s and her AB blood easy. He had to register as a sex offender.

Blue Line Magazine 27 NOVEMBER 2005 Geographic profiling debate – round four The big problem with Bennell, Snook and Taylor’s research by Kim Rossmo, Scot Filer & Carl Sesely

The one major problem with Bennell, Snook and Taylor’s work is that, while they talk about “applied” police research, their experiments have all occurred in the classroom. They’ve never presented any actual field results, even though their experiments in this area go back over five years, so it’s highly problematic when they make suggestions about operational inves- tigative procedures. The responses from Blue Line’s readers echo this concern. By comparison, substantial operational experience with computerized geographic pro- filing does exist. There are now fully qualified geographic profilers with the RCMP, OPP, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) (based at the FBI’s National Center for the Analysis of Violent Crime (NCAVC)), British National Crime and Opera- tions Faculty and Netherlands police. Police agencies across Canada, the US and Europe use computerized geographic profiling systems to investigate property crimes. Their combined experience involves more than 2,000 investigations of almost 30,000 crimes in North America, Europe, Australia, Middle East, Asia and Africa. By following this strategy, police quickly Such situations occur in street policing or on Every trained geographic profiler is re- located the suspect vehicle in a Long Beach the military battlefield. However, we certainly quired to record the details of all their motel parking lot, placed it under surveillance do not intuitively fill out our income tax re- geoprofiles – including the date, location, po- and arrested the offender when he returned – turns. Therefore, when we have reliable and lice agency, investigator, crime type, numbers after a shootout. Investigators credited the adequate data and time for proper analysis, of crimes and offence sites, type of analysis, geographic profile for focusing the search reasoning produces the best results. Complex case status and result – in a case log. This in- process. According to IPD Det. Mark and rule-bound tasks, such as major crime in- formation allows the profiler or analyst and Anderson, “if it wasn’t for that map, we vestigations or courtroom prosecutions, require their agency to track workload and perform- wouldn’t have known where to look.” The careful analysis and sound logic. ance. Police departments interested in geo- crimes covered a very large area (1,087 square What exactly are Snook, Taylor and graphic profiling can evaluate system accuracy, miles), but by combining the geoprofile with Bennell studying with their heuristic research? utility and costs by contacting those agencies information on land use, arterial routes and Despite the surrounding academic terminology, with operational experience. offender behaviour, detectives developed an the reality is their two heuristics do nothing One sign of the lack of field experience of effective and efficient search procedure. more than gauge how precisely individuals can Bennell et al. is that they remain unconvinced Bennell et al. correctly state that, in cer- locate the spatial mean – the geographic “cen- of the importance of additional information tain circumstances, heuristics (sometimes de- tre of gravity” of a set of points. Not surpris- (e.g. land use, demographics, arterial routes, fined as ‘trial-by-error’ learning) can lead to ingly, when the number of points is low, peo- barriers, temporal patterns, etc.). In this, they good decisions. However, these circumstances ple are reasonably accurate at this task (though ignore the extensive research found in the trans- do not include a thorough, methodical and a simple spreadsheet calculation still performs portation, spatial choice, urban planning and proper criminal investigation. better than guessing). The question then be- environmental criminology literatures. Our A major report on preventing miscarriages comes, how good is the spatial mean at locat- previous article contained two examples that of justice, released earlier this year by the fed- ing the home of a criminal offender? illustrated the importance of additional factors eral, provincial and territorial justice ministers, The answer is already well known. Un- and we present another, very recent, case here. identified tunnel vision, one common simpli- der circumstances where a criminal can travel In September, the Irvine Police Department fication heuristic, “as a leading cause of wrong- easily in all directions to commit crimes in a (IPD) prepared a geographic profile for a linked ful convictions.” Daniel Kahneman of circular pattern around his or her home, the series of 31 commercial robberies occurring Princeton University received the Nobel Prize spatial mean does a reasonable job – on par throughout Orange and Los Angeles counties in Economics in 2002 for his psychological with the sophisticated geographic profiling in southern California. Police had a suspect research concerning human judgment and de- systems – but such circumstances do not of- vehicle description, so they used the geoprofile cision-making under uncertainty. His work has ten exist in the real world. The influence of to prioritize search areas. The peak region was long demonstrated the cognitive biases and er- street networks, arterial routes, rivers, zoning, divided into sectors, each assigned to a sepa- rors associated with heuristics. Their role in land use, the central business district and other rate agency. As detectives thought the offender criminal investigative failures is discussed in factors distort crime patterns. was most likely staying in a motel, the search a forthcoming FBI Law Enforcement Bulletin Crime analysts have used the spatial mean focused on motel parking lots in each assigned article by Kim Rossmo. with mixed success in the past, but it is only a sector. The geoprofile covered a large urban Different situations require different types geometric calculation, with no underlying theory area, but most of the land within the peak re- of judgment. When the data are unreliable and of human behaviour, and fails to consider the gion was industrial and there were only a few incomplete, or we need to make decisions background landscape. For example, in a case motel-rich arterial routes, including the Pacific quickly under chaotic and uncertain condi- involving a series of rapes along a coastal high- Coast Highway. tions, intuitive decision-making is preferable. way, the crime analyst produced a spatial mean

Blue Line Magazine 28 NOVEMBER 2005 • Their statements regarding South Africa do not reflect that nation’s current progress in their fight against serial violent crime. The South African Centre for Scientific and In- dustrial Research (CSIR), who already use Joel Johnston, a Staff Sergeant with the Vancouver geographic information system (GIS) soft- Police Department and regular contributor to Blue Line Magazine, ware for crime analysis, recently sent one of has been named the inaugural their senior researchers to Vancouver for “Provincial Use of Force training in a Canadian computerized geo- Coordinator” for British Columbia. graphic profiling system. Chris Overall, This is a long term secondment to Crime Mapping Project Manager for the Dur- the B.C. Ministry of Solicitor General & Public Safety – Police Services ban Metropolitan Police Service in South Af- Division. In his new position he will rica, who has also undergone this training, be responsible for the establishment believes geographic profiling is an effective and maintenance of use of force instructing, training, and proven tool. “The expense of importing certification and reporting standards in the province. these skills is not cost-prohibitive consider- He is expected to begin his formal duties this month. that fell into the Pacific Ocean. Needless to say, ing the potential cost savings factor it brings Manitoba’s Justice Minister Gord Mackintosh says the detective was less than impressed. to complex investigations,” he states. people convicted of illegal firearm smuggling and ATF and FBI experts at the FBI Behavioral We do support proper scholarly research trafficking should go to jail for at least four years. Science Unit (now the NCAVC) applied the that has the potential to improve police effec- Mackintosh and the federal justice critic Vic Toews spatial mean to serial arson cases in the early tiveness. Psychologists have done much to ben- want Ottawa to introduce mandatory minimum prison 1990s, with disappointing results. The NCAVC efit the law enforcement profession. Other re- terms for drug dealers and violent criminals. search conducted by Bennell and Snook has Mackintosh says there’s a common theme among now has a full time geographic profiler and many justice officials across the country who support computerized geoprofiling system. American been impressive. In this matter however, we stricter sentencing. Toews says people are dying on military intelligence analysts, who have previ- believe they have seriously missed the mark. the street in many cities throughout Canada because ously used the spatial mean, are also turning to Psychologists are not geographers – nor are the feds haven’t eliminated house arrest and won’t computerized geographic profiling. they criminal investigators. For research to be impose mandatory prison sentences. A recent presentation at the National Insti- useful, it must be linked to the real world. Brockville police Chief Barry King says although his tute of Justice (NIJ) Crime Mapping Confer- community is often viewed as a small town, there is ence involved comparing the accuracy of the Formerly a Vancouver Police Department inspector, Dr. justification in buying Tasers for patrol sgts. Brockville spatial mean with Rigel, a computerized geo- Kim Rossmo is a research professor for the Center for is the latest jurisdiction to approve the purchase of graphic profiling system (Velarde, 2005). The Geospatial Intelligence and Investigation with the Tasers for their police force. King says domestic cases involved actual geoprofiles prepared over Department of Criminal Justice, Texas State University. disputes are notorious for escalating and having a two years for originally unsolved property He can be contacted at [email protected] . Taser would protect victims, officers, and perpetrators. crime series. Data were collected from the RCMP S/Sgt Scot Filer is posted to “E” Division in the He goes on to say there are times when lethal force Geographic Profiling Unit, Behavioural Sciences Group. isn’t necessary, but pepper spray isn’t appropriate. crime series that had been solved. Sgt Carl Sesely works with the RCMP’s Geographic The city will pay $8,500 dollars for the Tasers. Velarde found that the spatial mean was Profiling Unit in Ottawa. closer in one case and marginally closer in two others. Rigel was closer by a large degree in most cases and more accurate when the crimes were spatially biased. Using Rigel, half the time the offender’s residence was found in the top three per cent (6.4 square miles) of the crime area. The comparable results for the spatial mean were 15 per cent (27.0 square miles). These findings are similar to those seen in pre- vious research. While it may not be clear to Bennell et al. that their measurement method is flawed, sev- eral presentations at the NIJ Crime Mapping Conference outlined multiple problems with their approach (see http://www.txstate.edu/GII/ geographicprofiling.html). There were three separate panels on geographic profiling, involv- ing multiple presenters from four different countries. A plenary roundtable session on evaluation methodologies for geographic pro- filing was also organized. It was here that the mathematical problems with the measurement method used in the research by Snook et al. (2005) were rigorously discussed. It was ac- cepted that this method does not accurately measure how police agencies use geographic profiling – as a means of suspect prioritization. There are several other factual errors in their article, including: • Despite their claims to the contrary, Rigel’s algorithm cannot be accurately modeled with either Dragnet or CrimeStat. • The number of crime locations is important. As in all matters of probability, uncertainty is reduced by multiple trials. No one knows what a given spin of the roulette wheel will produce, but at the end of the day, you can count on the house making the most money.

Blue Line Magazine 29 NOVEMBER 2005 Dedicated force needed to police Canadian ports Awareness of real (and perceived) permanent part of the port community, international threats has placed more funded by the industry and part of the ad- emphasis on the need for more interna- ministration, sharing operational respon- tional co-operation and intelligence shar- sibilities for security and emergency re- ing. Governments and agencies are con- sponse. sulting more than ever with the IAASP They enforce port specific legislation – the International Association of Air- to ensure safe and secure operations and port and Seaport Police – as they work protect against civil liability. As a direct rep- to improve security in airports and sea- resentative of the port authority, they also ports. apply ownership rights and responsibilities, Established more than 35 years ago enforce traffic acts and regulations and, in the IAASP was initially registered only some cases, are designated as immigration in British Columbia and Washington and conservation officers. State. Today it’s the largest non-profit These additional powers and author- police association of its kind; a worldwide ity add to the overall effectiveness of po- police, customs and security association licing ports. The former Canadian port with members in more than 40 countries. on a port facility and how it effects police police, for example, enforced all laws relating IAASP objectives include: and port administration. to the safety and security of persons and prop- • Deterrence, detection and response to unlaw- As worldwide commerce grows at an un- erty within the land and water jurisdiction of ful activity precedented rate, so do the risks posed by ter- the ports. • Promotion of the most effective safety, secu- rorism and organized crime. Terrorists can also Dedicated police play a much greater role rity and law enforcement procedures use ships to direct attacks. The upsurge in world in port security matters, often overseeing the • Encouraging development of information ex- piracy clearly demonstrates their vulnerability process. Consequently they are better placed change and experience on the open seas. Governments currently fo- to conduct threat and risk assessments, taking • Enabling partnerships through regional net- cus their security efforts on airports, which into account criminal and extremist elements working makes attacks more likely. With their ease of as part of their overall security assessment. • Providing expertise for training programs access (particularly from the waterside) and Port police respond rapidly to all emergen- • Assisting in setting standards in ports and de- less security regulations, seaports are undoubt- cies, suspicious incidents and security breaches veloping strategic co-operation with other or- edly much ‘softer’ targets. and keep detailed records on all known inci- ganizations The IAASP and its many partners believe dents and individuals in a consolidated data- Terrorism is a major concern and the new the danger of seaport attacks is very real. base. Combined with extensive knowledge of reality we all live with globally, not just in trou- Cruise and cargo ships, fuel storage facilities the industry and its principals, this provides an bled regions of the world. Terror can strike and transportation infrastructures are almost effective police intelligence base which helps anywhere, at any time and ‘home grown’ ter- indefensible against determined military style to minimize the risks and exposures posed by rorism is a rapidly emerging factor. terrorist attacks. organized crime and terrorism. The New York and New Jersey Port Au- The IAASP is disturbed about the presence The IAASP is well placed to deal with port thority Police, longstanding IAASP mem- of organized crime in Canadian ports and the related problems by informal personal contact bers, lost 37 police officers in the 9-11 at- widespread attention it has attracted in recent in an impartial manner and without political tacks on the Twin Towers, which were owned years. There are now also indicators of terror- interference. Its contribution to the transporta- by the port authority. This is believed to be ist links and we have voiced our concerns about tion industry and world trade is unique, espe- the most lives ever lost by one police depart- this to the government and media. cially today with the world become a smaller ment in a single criminal incident. Their ex- The London subway bombings have made and more dangerous place. perience demonstrates that, in planning for it clear we must not ignore the prospect of home As the transportation industry continues its terrorism, we must take into account ‘possi- grown suicide bombers targeting transportation unprecedented growth and encounters more ble’ as well as ‘probable’ and ‘likely’ risks. systems, including ports, and we cannot prevent competition, the need to expedite cargo and They have contributed much to our knowl- such acts. We must accept that the worst case passengers in the most cost effective manner edge about the aftermath of a terrorist attack scenario is possible and develop plans to restore is a major priority. This situation creates new normal operations as soon as possible. Failure and unique challenges for port policing, requir- to anticipate and plan for this would only add to ing more involvement and resources. the effectiveness of a terrorist attack. With the new threats we face – international The IAASP actively promotes dedicated terrorism and organized crime, disasters and port policing and was greatly disturbed when the spread of disease – port policing needs to the federal government disbanded its only na- be a global undertaking with international co- tional port police service. It accepted the ar- operation. The IAASP enables the exchange gument that Canadian ports could better com- of information and experience in port policing pete without the financial burden of provid- and security matters and our annual confer- ing its own police services. Ports Canada Po- ences are the only fully international forums lice was disbanded in 1997-98 over protests of their kind. from many sources, including the CACP and The association has developed a compre- British Columbia attorney general, leaving the hensive port policing model based on best prac- responsibility of policing Canada’s seaports tices, derived from our members experiences. to local police. The IAASP also has a port police accredita- Policing of ports by external agencies al- tion program and international PFSA vulner- ways raises ethical questions, not the least of ability and risk assessment manual, which which is funding; how much should taxpayers many of the world’s largest ports use to great pay to police the private and profit-driven trans- effect. It also issues daily news bulletins, in- portation industry? telligence alerts and officer safety advisories Port policing concepts are quite different focusing on terrorism, organized crime, human from normal policing. Our experience shows trafficking and political developments. that the best-policed ports in the world have their own dedicated police. They should be a Visit www.iaasp.net for more information.

Blue Line Magazine 30 NOVEMBER 2005 Are we spreading fear or protecting families from sex offenders?

keeping your registration up to date. by Dorothy Cotton We also know that some groups of sex offenders are at the highest risk of You get used to seeing pictures of of- reoffending about five years after being fenders plastered all over the place when released from the penitentiary. Does that you live in a city with as many penitentia- mean we should hold off on notifying the ries as Kingston, Ontario. It’s almost public for five years? I can see it now – enough to make you immune to the whole the person has been living quietly in the thing. Your eyes glaze over as you cruise community for five years and suddenly the Monday morning paper, reading about their picture is on the front page. ‘Released all the evil misdeeds that took place over offender now entering high risk period – the weekend – but you still stop and look a parents beware,’ the headline might read. little more closely at a picture when the Finally, there is the question of whether criminal is a sex offender. anyone actually remembers the published The picture is there because police decided lot more so they will lock up their children at face or name more than a week after its release to make a public notification. Staring you night, or to ensure no one blames police if some- – and can identify a person from their photo. straight in the face, over your morning coffee, one reoffends – after all, no one will be able to While public notification may be an intrigu- is the mug of a person who committed the type claim that ‘you didn’t warn us!’ Perhaps it’s ing idea, I would like to see a little more re- of crime that generally makes people’s flesh meant to give the offender additional motiva- search and thought about the whole issue. While crawl. I’m sure glad they post these pictures, tion to behave or to make the politicians look it’s conceivable that it might help prevent a because I am sure it helps to – ummm – actu- like they’re taking the whole issue seriously. crime, it might also cause harm by increasing ally, I am not sure what it helps. The theory behind public notification is the level of fear in the community – and that It’s an interesting question. What exactly that you can reduce the risk by keeping closer just might increase the rate of reoffending. It is achieved by public notifications? The theory tabs on these folks, making the offender more needs a little more thought, I dare say. is relatively straightforward. If someone with recognizable and people aware of their loca- If you’d like a copy of a review paper on a criminal history of sex offences is going to tion – but is that so? We also know that having this subject, just send me an e-mail. be living next door, then the community can a job and social supports can decrease the risk best defend itself and prevent future offences – and public notification makes that almost You can reach Dr. Dorothy Cotton, Blue Line’s psychology by knowing who and where that person is – impossible. Offenders who have been on the columnist at [email protected], by fax at (613) 530- receiving end of public notifications report 3141 or mail at: Dorothy Cotton RTC(O) PO Box 22 and the offender will be more likely to keep on Kingston Ontario K7L 4V7. the straight and narrow because they know being harassed and victimized by the public we’re watching. Nice theory, but does it work? and losing their housing Let’s look at the research and see what it and jobs. says; all the available data indicate – not much. We know that hav- As it turns out, there has been very little em- ing these folks listed on pirical research done on this topic. We have a registry makes it little data so we don’t really know the effects quicker and easier for po- of public notifications. It’s hard to know what lice to keep track of their we’re even meant to measure. whereabouts and find I suppose the intended overall goal is to them when they need to reduce repeat offences, but how do you keep – but only if people are track or know what is reducing reoffences, even actually ON the registry if it happens? Most sex offenders do not and honest about their reoffend, public notification or not (contrary location. If co-operating to popular opinion, the rate of reoffending is with the police means somewhere around 15 per cent). So if some- having your face plas- one reoffends, you can hardly claim it was be- tered all over town, then cause the public was notified. disappearing just might Maybe the goal is to make people worry a be a better idea than

Blue Line Magazine 31 NOVEMBER 2005 Remembering the dead – and those still on the job Maintaining morale for those under investigation by Mark Giles cation tools in place, which may range from a website or newsletter feature After the tragic death of four on a major issue, to e-mail or tel- RCMP officers near Mayerthorpe, Alta. ephone calls from the chief, a senior in March, a citizen wrote a letter to the officer or investigator. The internal editor of his local newspaper. Agree- audience also sees media coverage, so ing that the four officers were heroes, police and military personnel should he wondered what recognition and sup- be considered as a secondary audience port they would have received if they’d when an organization communicates been in a position to save their own externally. By seeing issues addressed lives – perhaps having used deadly upfront, the internal audience is far force to do so. more likely to believe that manage- It was an interesting question – one ment understands the reality playing that highlights the fine line between out at the street or frontline level. situations where police officers and Interactive communications can military personnel die in the line of further enhance this process, allowing duty, and those where actions or luck for discussion of the hard issues. This keep them alive. We seem to treat the may include individual or group meet- two contrasting outcomes in very dif- Photo by Warrant Officer Peter Veldhuizen; Department; of National Defence ings, postings to an internal web fo- ferent ways – honouring those who die rum, or letters to the editor of an or- by working closely with their families and high- ality inside the organization. When this gap is ganization’s newsletter. Some editing may be lighting their lives and contributions through narrowed, police and military personnel are necessary to protect the integrity of the inves- the media, while putting those who don’t more likely to accept management decisions tigative and court process, operational security through an intense investigative process, often and the reasoning behind them, and to speak and good taste, but this two-way communica- with little meaningful communication. positively about their employer. Those ignored tion improves confidence and further reduces The investigative process in these cases is find other avenues to express themselves. the perception-reality gap for both management important to ensure accountability for police The internal affairs process is probably one and frontline personnel. Too often these tools officers trusted with enforcing the law and of the more stressful experiences faced by po- are used only for one-way communication, military personnel performing peacekeeping or lice officers during their career and inadequate sometimes bordering on propaganda. This may peacemaking duties around the world. Being communications can severely impact percep- result in a warm and fuzzy product, but one alive to be investigated is definitely a more tions and morale generally. Individually, the lacking the credibility needed to reassure mem- desirable outcome, but given the fine line that more serious the case and its potential career bers that their concerns are being heard. often exists between these two situations, implications, the greater the concern for the shouldn’t we try to communicate as effectively officer and his or her family. During my 10 Communicating externally for those under investigation as we do for those years as an active-duty police officer, I was When police officers or military person- who tragically can no longer wear the uniform? fortunate enough to only go through the proc- nel die in the line of duty, we don’t hesitate to “The public doesn’t understand how dev- ess once, and my experience pales in compari- engage the media. Rather, we respond astating it is for members to be under investi- son with those involved in deadly-force en- proactively – as we should – to ensure accu- gation for simply doing their job to the best of counters or other serious incidents. racy in reporting the facts and circumstances their abilities, with the tools they have at their The complaint was a relatively minor one surrounding the deaths. The RCMP and many disposal,” said Al Koenig, president of the – relating to whether my partner and I had the other agencies did everything they could to pay Calgary Police Association. “It’s even worse grounds to enter a residence and search for a tribute to the lives and service of their fallen if the media reports inaccurate information and wanted individual. As a rookie constable still officers. The Canadian Police and Peace Of- it’s not addressed.” serving a probationary period, and believing ficers Memorial Day provides another oppor- Failing to communicate means inaccurate that my partner and I had done the right thing, tunity to honour these and other police offic- information is not corrected, leading to low- we were left wondering what the outcome ers that have made the ultimate sacrifice. In ered morale, decreased public support and would be for almost five months. The suspense similar fashion, Remembrance Day honours worse – police and military personnel question- was finally lifted when we received letters from military personnel and 2005, the Year of the ing their training or ability to react in danger- the chief stating that the complaint had not been Veteran, has seen a large number of events, ous situations. To avoid this, police and mili- sustained. As I recall, this letter and a couple including a special tribute by Canada’s chiefs tary organizations need to communicate of phone calls related to our attendance for tape- of police at the War Museum during their an- quickly – internally and externally – through- recorded interviews, were the only communi- nual conference in August. out the process. Most agencies today have some cation we received throughout the process. So when through an ability to react or good form of built-in communications capability – Although this lack of communication fortune, police or military personnel survive a it’s just a matter of using it in the right way, caused some personal and family stress, the deadly-force encounter, we should also act and having management support to do so. case wasn’t a serious matter and didn’t gener- quickly to manage the issue – going beyond ate media or other public attention. For those acknowledgement and motherhood statements Communicating internally involved in deadly-force encounters or other to narrow the gap between perception and re- The internal audience is linked to the com- high-profile incidents, the stress and media ality for the public. In engaging the media, it munity, and their perception of reality will scrutiny can be very intense. In these cases, may be necessary to communicate further, eventually have an influence on public opin- which can sometimes take up to a year or longer making comment on cases that are under in- ion. For this reason, internal communications to investigate, the need for support and effec- vestigation or before the courts. This is most are often viewed as the most important, pro- tive communications is far greater. important when the issue has already become viding an opportunity to minimize, or ideally To address this need, management must a public one and others are making comment eliminate, the gap between perception and re- ensure they have effective internal communi- that raises questions about the conduct of those

Blue Line Magazine 32 NOVEMBER 2005 involved. Although this comment should not the facts become clearer before commenting on those who make the ultimate sacrifice for their venture into the areas of specific evidence or the issue, but by at least putting a designated community and the country, while at the same classified information, not responding at all spokesperson up, the organization engages, puts time recognizing that some under investigation allows others to frame the debate to their lik- key information and messages to the forefront, were fortunate enough to be on the other side of ing – often in a fashion detrimental to the per- and plays a part in forming initial public opin- that fine line, and spared the same fate. In rec- sonnel and agency involved. “It’s disheart- ion and internal morale. ognizing this, accepting feedback and commu- ening for officers to see one of their own thrown Police officers, military personnel and the nicating effectively, we increase the chances that to the wolves,” said Koenig. “Police associa- public want to know the facts, but if an organi- internal and public opinion will reflect reality, tions can speak out, but there is greater cred- zation waits until an investigation or trial is and most importantly, that the morale of those ibility if the employing agency provides sup- concluded before actively engaging the media, involved in the stressful investigative process is port publicly.” they’re likely to be eaten alive in today’s fast- maintained. After all, we don’t want police and Comment from associations, retired mem- moving information world. Restricting com- military personnel to feel they have to die to get bers or other stakeholders can be helpful, but ment doesn’t avoid a trial by media, it just al- the recognition and support they deserve. support from senior management is the most lows for uncontested one-way input by other credible with the public. Limiting comment to parties – allowing them to frame the issue, Mark Giles is Blue Line Magazine’s correspondent for the saying that a matter is under investigation or which can then be very difficult to reverse later. National Capital Region, public and media relations, and military-related issues. before the courts has become too common a We must continue to pay our respects to practice. In many cases, much can be said to put an incident in context for the public and the internal audience, without impacting the integrity of the investigative or court process. A well-known journalist addressed this issue while speaking to the Canadian Bar Associa- tion conference in August 2005. “Saying it’s before the courts is a smoke- screen – it’s used as a wall to shut down fur- ther questioning,” said Ian Hanomansing of the CBC. “Talk to the media generally, talk to the media about the cases you’re involved in – not because of the reporter’s interest, but because of the public’s interest.” This doesn’t mean that saying a matter is under investigation or before the courts cannot be part of the overall response, but rarely do these phrases suffice by themselves. Police and mili- tary organizations exist because there is a pub- lic to protect, so what’s in the public’s interest should be a top priority. Without meaningful comment from police or military spokespersons, the public forms its own opinion, based on the information available from other sources. Sometimes management may have concerns about the actions of its members. With good strategy and tactics, this too can be communi- cated in an appropriate way without affecting an investigation, charges or morale. This does not mean that the chief has to address the media immediately on every controversial issue. As most investigations and charges involve a number of unknowns – certainly in terms of outcomes – management support can initially come from a lower level in the chain of com- mand if needed. The chief may want to wait until

Blue Line Magazine 33 NOVEMBER 2005 The Canadian Police Research Centre both its research and its innovative approach. “It has been the dynamic interaction be- (CPRC) is celebrating 25 years as a unique and It works with law enforcement organizations, tween these organizations that has fostered successful partnership of the Canadian Asso- emergency first responders, governments, in- such significant progress,” says Dr. Della ciation of Chiefs of Police (CACP), the Royal dustry, universities and other partners to en- Wilkinson of the RCMP. “Things that we are Canadian Mounted Police (RCMP) and the hance the safety and security of communities doing are not just theoretical; they will he ap- National Research Council of Canada (NRC). across Canada and around the world. plied in real crime scenes. The CPRC is really In the early 1970s, The CPRC is a true Canadian success story. making a difference.” law enforcement agen- For more than a quarter of a century the CPRC The CPRC’s mission is to provide leader- cies were facing new has contributed to the creation, refinement, im- ship and focus for science and technology in and troubling chal- provement or testing of a wide variety of prod- policing and public safety across Canada lenges. In this era of ucts used daily by law enforcement and secu- through research, development, standards, sweeping technological rity forces world-wide. CPRC’s involvement evaluation and commercialization. and social change, with helps to ensure objective evaluation and ex- Canadian Police Research Centre can be contacted at bombings and cellent quality, and helps to put valuable equip- Telephone: 613 990-8577 Fax: 613 949-3056 or on the hijackings on the rise, ment and resources as quickly as possible into web at www.cprc.org the CACP approached the hands of the officers that need them. A/Commissioner the NRC for help. The Chester R. Eves two organizations under- took several successful Canadian Police Research Centre moving to Regina joint projects, and in 1979 the RCMP, under Jim Cessford, Chair of the Canadian strengths in the security sector, including the command of A/Comm. Dr. Chester R. Eves, Police Research Centre and Steve the National RCMP Depot, the University joined in the collaboration, which was formal- Palmer, Executive Director announced of Regina Justice Studies, Saskatchewan ized as the Canadian Program of Science and plans to establish its new national head- Police College and the Regina City Po- Technology in Support of Law Enforcement quarters in Regina. lice,” said Minister Goodale. “I look for- (CPOSTISOLE). “Police services across Canada ap- ward to working with these Regina-based The program produced groundbreaking re- plaud the plan to create a national re- organizations to build a real national cen- search as it continued to evolve over the years. search facility in Regina dedicated to tre of excellence with private sector part- In 1990 it was relaunched as the CPRC, and working with police to develop the new ners that develop and commercialize the added a new dimension to the alliance of the technologies we need to protect the pub- tools our police need.” policing and science communities by forming lic and our officers,” said CPRC Chair Jim “The Canadian Police Research Cen- relationships with private industry, facilitating Cessford, Chief Constable of the Delta tre will establish Regina as a world leader the move of technology from the lab to the Police Department. “A commitment to in research on public safety and security,” marketplace and into the field. continuing to build on the twenty five year said Mayor of Regina, Pat Fiacco. “The While it has broadened its reach over the record of success is welcome news to RCMP Training Depot, National Heritage years to encompass subjects as diverse as po- police men and women across Canada,” Musuem, Saskatchewan Police College, lice safety gear, forensic entomology and cyber- Ralph Goodale, Minister of Finance, and the Regina Police Service make the safety for children, CPRC’s research agenda and Member of Parliament for Wascana CPRC a natural fit in our community.” has always been firmly rooted in science, and met with the CPRC Board in Regina and welcomed the announcement. For further information contact Steve shaped by the priorities of the law enforcement “By locating CPRC’s headquarters in Palmer, Executive Director, Canadian community. Regina, CPRC will build on Regina’s Police Research Centre 613 715- 1406. Today, CPRC is recognized worldwide for

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Ongoing CPRC research is expanding the Trace-element technology—capturing, iden- boundaries of that 100-year-old mainstay tifying and measuring minute particles of of forensic science, fingerprinting, by allow- certain materials—has been a laboratory sta- ing police to find prints on unlikely surfaces. ple for decades. But it took a dedicated re- The Watkin Vacuum Fingerprint Chamber search effort by the NRC, prompted by re- 8 and the original Luma Lite were among the quests from the police community, to adapt first practical applications of processes that this technology for explosives detection. The use cyanoacrylate (Crazy Glue) fumes in development of an effective “Explosives Va- a vacuum environment, and high-intensity pour Detector” (EVD) was one of the first suc- fluorescent light to uncover otherwise-hid- cesses of the early informal partnership be- den fingerprint and fibre evidence. Today, tween the Canadian research and law en- CPRC research is exploring the use of dif- forcement communities. The original proto- 1 Riot helmet (Turner, NRC-CNRC) 9 ferent chemicals to reveal and preserve fin- type “Blue Box” EVD soon evolved into a 2 Instrumented Revolver (Turner, NRC-CNRC) gerprints in dangerous or unstable environ- portable device. Following the Air India trag- 3 “The Warthog” anti-pursuit device ments, such as drug labs or the aftermath edy of 1985, EVD’s became a standard se- (Turner, NRC-CNRC) of explosions. curity feature at Canadian airports. 4 Miniature Emergency Response Vehicle (RCMP-GRC) Working in cooperation with sev- 5 Protective wear for police dogs eral Canadian universities, the (K-9 Pro Wear) CPRC has led award-winning re- 6 Med-Eng Bomb Suit and Segway Human Trans- search in forensic entomology. In porter (RCMP-GRC) this rapidly growing field, scientists use insect evidence to deduce 7 Blast Suppressant Foam Containment System time elapsed since a death. Re- (Allen Vanguard) lated research on decomposition 8 “Missing” cybersafety game (LiveWires Inc.) in marine environments is also 9 Enhanced security films for windows (RCMP-GRC) yielding exciting results.

Blue Line Magazine 35 NOVEMBER 2005 Tactical equipment Data warehouse Anti-graffiti protective films

Atlantic Police introduces an entire new line of professional tactical equipment and apparel by Blackwater. Designed and manufactured in Cognos, in cooperation with IBM, introudces 3M’s Scotchgard Protective Films are designed a joint venture by Uncle Mike’s, Crye the Crime Information Warehouse which to protect graphics, signs, surfaces and Associates, and Blackwater USA; this supports uniform crime reporting initiatives. windows from vandalism and damage. The technically advanced product lineup includes Now non-technical staff can use their Web film is gouge, graffiti, adhesive and sratch load bearing vests, equipment pouches, knives, browsers to quickly answer key qeustions based resistant, can be used indoors and out, and can breathable base layer undergarments, and on current data and validated according to be cleaned without harmful and abrasive equipment bags. standard operation procedures. chemicals.

Satellite radios Crests and regalia Portable printing

Top Ten Regalia feautres podium crests, ideal Telus Mobility’s satellite cell-on-light-trucks for press conferences and media centres, as well Pentax’s PocketJet3 Ultra-Portable printer is (SATCOLTs) can be driven or airflifted as banners for ceremonies and formal functions one of the smallest and lightest full-page print- anywhere and connected to the North Amercian and mini-pennants perfect for awards and ing solutions for on-the-go printing. Ten inches iDEN radio network by satellite. SATCOLTs retirements. Their custom-made products are long and 1 lb. in weight, the PocketJet fits eas- allows for rapid cross-fleet, agency, and border embroidered with gold or silver bullion thread ily into a briefcase, computer bag, or quickly interoperability at any disaster, anywhere. in detail by skilled artisans. mounted in any vehicle or small work area.

Portable x-ray Gas tank fire suppressant Cooling body armour

First Choice Armor introduces its Synergy Primex distributes Vidisco’s foX-Rayzor line of body armour. This latest innovation by Portable Flat Panel X-ray Inspection Systems, First Choice Armor is available in both NIJ the thinnest digital imager at 13mm. The foX- Firepanel, distributed by MegaTech, eliminates Level II and Level IIIA, and offers the lightest Rayzor provides superb resolution fo over 3.5 fuel tank fires in Crown Victoria collisions. Non-Zylon concealable vest, with a unique Ip/mm and excellent dynamic range of 14 bits. Upon impact, Firepanel releases a fire Evercool built-in cooling system which draws Fully battery operated for up to 5 hours the suppressing powder and decreases the number heat away from the body making the armour system is housed in just one case. of fire related deaths in the Crown Victoria. the most comfortable design ever.

Blue Line Magazine 36 NOVEMBER 2005 WINNIPEG — Traffic officers across Mani- time, whereas, the other two will be used on TORONTO — Handheld devices such as toba are being trained to administer roadside an as-needed basis. cellphones, PDAs and portable MP3 players tests to drivers suspected of being high on drugs. The swearing-in ceremony followed a will increasingly be used to take and transfer With an estimated 55 officers undergoing week of orientation training at the SIU office. images of child pornography, a trend that will the training, Sgt. Rob Riffel, of the Winnipeg *** pose difficulties for investigators, says Toronto Police Service, says he would eventually like MIAMI, FL. — The International Associa- police Det.- Sgt. Paul Gillespie. to see all traffic officers trained. To accomplish tion of Chiefs of Police (IACP) honoured the Gillespie was a speaker at an international this, Riffel says it would be a matter of pulling OPP in September, as part of the association’s conference concerning how police departments people off duty to undergo the four-day course. annual award ceremony recognizing excep- investigate and prevent the exploitation of chil- The standardized roadside tests were tional innovation in investigation, prevention dren. He says sex crimes investigators around adapted by the Manitoba government last win- and enforcement. the world will need to step up their technologi- ter in an attempt to crackdown on drivers us- The OPP received two 2005 Civil Rights cal knowledge as child pornography becomes ing marijuana, cocaine or other drugs. Awards in the area of Education for its more mobile and difficult to detect. The drug test is based on motor skills OPPBound 2004 Aboriginal Peoples initiative, wherein suspected drivers will be asked to per- “In a couple of years you’re not going to and in the category of Prevention, for its Fo- have big PCs that sit on your desk,” Gillespie form a number of specific tasks, including hold- cus on Professionalism. ing one foot in the air while counting out loud. said, adding smaller gadgets will be able to store The annual OPPBound recruitment initia- more depraved images. “Everything’s going to *** tive is aimed specifically towards under-rep- be in the size of a (cellular) telephone that has TORONTO— Ontario’s Special Investiga- resented peoples and designed to increase the computing power of 10 of the best PCs that tions Unit (SIU) swore-in three new investiga- awareness of policing employment. The suc- tors during a ceremony in September, bring- cess of the initiative was measured by the pool are out there right now. Everything’s going to ing the team’s strength to 47 people. of qualified applicants and by the program’s be portable, mobile, wireless - that’s just going Among the new investigators is Oliver participants who now serve as ambassadors for to pose huge challenges for law enforcement and Gordon, who brings 15 years of experience the OPP in their communities. I’m not sure what the answer is.” working as an investigator with the Canadian The OPP was also recognized for their or- The recent arrest of a 36-year-old man who Security Intelligence Service (CSIS). Also ganizational change initiative that began in 2002. used a cellphone camera to take digital photo- sworn in were Ian Hollingworth and Oleksandr The initiative resulted in the ‘Promise of the graphs under the skirts of young girls was the (Alex) Kravchenko. OPP,’ an employee and public driven statement “tip of the iceberg,” says Gillespie. Hollingworth has 30 years of experience of organizational values and ethical behaviours. “The criminals were very early to exploit with the Greater Manchester Police, specializ- The statement clearly defines actions that are the powers of the Internet to their own advan- ing in covert surveillance operations and train- above the ever-rising bar of professionalism. tage and I think law enforcement took several ing. Kravchenko has 12 years of experience The OPP was the only Canadian police years to realize it.” working in military and police forces in the service to receive these awards this year. Com- Gillespie says child pornographers are Ukraine and is fluent in five languages. missioner Gwen M. Boniface was on hand to sharing the latest trends in technology via Gordon will be working with the unit full- accept the awards. online newsgroups and chat rooms.

Blue Line Magazine 37 NOVEMBER 2005 Canada needs more cameras, not tougher privacy laws by Elliott Goldstein industries have known for years: surveillance cameras can he used to gather intelligence Most of us associate the Latin phrase ‘pro as well as to prevent or deter crime. The tra- bono’ with a lawyer who takes on a case for ditional view that only individuals or organi- an impoverished client and charges no fees, zations trying to protect their property con- but the expression is actually an abbreviation duct surveillance is giving way to a more of ‘pro bono publico,’ which translates as for modern view, which sees it as a method of the public good or welfare. gaining information on the activities of in- The public welfare is under threat these dividuals and groups for a variety of legiti- days from terrorists and other criminals and mate purposes. video surveillance is part of the solution. Those opposing increased surveillance ar- The four British-born men who launched gue that cameras do not prevent suicide bomb- the London subway and bus bombings were ings, but that is not their purpose. They help videotaped at 8:30 a.m. July 7 by closed-cir- security professionals detect suspicious be- cuit cameras at King’s Cross station. Each was haviour, verify potential threats, identify the carrying a backpack that police say had a people involved (as in the London bombing), bomb with less than 4.5 kilograms of explo- assess risk and co-ordinate emergency re- sives. The recordings helped identify them. sponse personnel during rescue efforts. Two weeks later, when terrorists struck The Personal Information Protection and again on July 21, it was reported that pictures Electronic Documents Act (PIPEDA) ushered captured by closed-circuit cameras showed tool. Kelowna RCMP used cameras to continu- in a new era of privacy protection in Canada three of the suspects leaving the scene of the ously record video (not audio) of its downtown by placing legislative constraints on the col- botched attacks and another with a backpack area but stopped after a complaint was made lection, use and disclosure of personal infor- heading for a subway train. to then Federal Privacy Commissioner George mation by the private sector. Cameras were also used by London police Radwanski. The RCMP now videotapes the “There may be instances where it is ap- to record and photograph people as they ran area only if it sees a law being broken, but is propriate for public places to be monitored for out of Central London’s Warren Street tube sta- presumably continuing to monitor the cameras. public safety reasons,” the federal privacy com- tion after a minor explosion. Police suspected The Toronto Transit Commission (TTC) missioner commented during the first PIPEDA that the would-be bomber was in the crowd. recently announced it plans to install more sur- case, “but this must be limited to instances In England, unlike Canada, surveillance veillance cameras in its subway system in where there is a demonstrable need. It must be cameras are everywhere and monitor many hopes of deterring crimes or a potential terror- done only by lawful public authorities and it public places, including transportation centres. ist attack. Not to be outdone, Montreal, which must be done only in ways that incorporate all It has more CCTV cameras per capita than any has at least 222 cameras in and around its sub- privacy safeguards set out by law. There is no other country. ways, is scheduled to add another 1,000 by place in our society for unauthorized surveil- Canadian cities have used cameras to con- year’s end. Other major Canadian cities with lance of public places by private sector organi- duct surveillance of downtown areas to reduce mass transit systems, such as Vancouver, are zations for commercial reasons.” crime, but not for anti terrorism purposes. also reviewing security. Unfortunately, this decision was interpreted Sudbury found its downtown CCTV system to The Canadian public is now awakening by some to mean that private companies could be a powerful, cost-effective law enforcement to a fact that those in the alarm and security not aim their surveillance cameras at public places or even their own property if the cam- era’s field of view would also monitor adja- cent public property. Private surveillance of public places for non-commercial reasons doesn’t violate PIPEDA. Bell Mobility 4 MD Charlton 2 There is a demonstrable need to protect the Blue Line Reading Library 39 Mega Tech 16 public from crime and terrorism. Police and Blue Line Trade Show 12 Pacific Safety Products 7 government do not have the budget to purchase equipment for all the places where they are Blue Max Lighting 37 Panasonic 40 needed. Why not enter into a partnership? The Camrose Police Service 31 Pride in Service 22, 33 cost and resulting information could be shared; City of Brandon 19 R. Nicholls Distributors 5 perhaps companies could be authorized to con- Dalhousie University 29 Rogers Wireless 9 duct surveillance for police and other security/ intelligence agencies. Control would remain dav Tech Analytical Services 20 Royal Roads University 19 with the private sector so companies do not Empire Shirts 15 Second Chance Body Armor 11 become agents of the state. Federal Signal 33 Seneca College 23 The best written laws in the world are not Gordon Contract 35 Telus Mobility 13 going to prevent crime or terrorism. Canada must install more cameras in public places. Henry’s 27 Toronto Police Gift Shop 31 Organizations volunteering to help fight crime Integral Designs 27 Triform 21 and terrorism by doing surveillance ‘pro bono Martin & Lavesque 25 Underwater Kinetics 17 publico’ would be a great start. Matte Industries 10 University of Guelph 17 This is an edited version of a commentary which first appeared in the September 2005 edition of Canadian Security Magazine. Visit www.videoevidence.ca for more on surveillance laws.

Blue Line Magazine 38 NOVEMBER 2005 Blue Line Magazine 39 NOVEMBER 2005 Blue Line Magazine 40 NOVEMBER 2005