July 1999 Volume 68 Number 7

United States Department of Justice Federal Bureau of Investigation Washington, DC 20535-0001 Louis J. Freeh Director Features Contributors' opinions and statements should not be considered an endorsement by the FBI for any policy, program, or service. The CPA’s Role in CPA firms and law enforcement agencies can develop a liaison to detect The Attorney General has Detecting and Preventing Fraud 1 determined that the publication and prevent financial crimes. of this periodical is necessary in By Keith Slotter the transaction of the public business required by law. Use of funds for printing this periodical Drug Labs and Parents who manufacture has been approved by the Endangered Children methamphetamine place their children in Director of the Office of 10 grave danger and create great Management and Budget. By Tom Manning difficulties for law enforcement officers. The FBI Law Enforcement Bulletin (ISSN-0014-5688) is As more police departments move published monthly by the Police Training in Federal Bureau of Investigation, the 21st Century toward community policing, their training 935 Pennsylvania Avenue, 16 curricula and methods must keep pace. N.W., Washington, D.C. By Michael L. Birzer 20535-0001. Periodical postage paid at Washington, D.C., and additional mailing offices. Placing the Stockholm The development of relationships Postmaster: Send address changes to Editor, FBI Law Syndrome in Perspective between hostages and their captors is Enforcement Bulletin, FBI 22 not a common phenomenon. Academy, Madison Building, By G. Dwayne Fuselier Room 209, Quantico, VA 22135.

Editor The Motor Vehicle Exception The motor vehicle exception is a John E. Ott By Lisa A. Regini powerful tool officers may use to search 26 a vehicle without a warrant provided Managing Editor Kim Waggoner they have probable cause. Associate Editors Glen Bartolomei Cynthia L. Lewis Bunny S. Morris Departments Art Director Brian K. Parnell Assistant Art Director 7 Police Practice 20 Bulletin Reports Denise K. Bennett Operation Linebacker Underage Drinking Staff Assistant Linda W. Szumilo Software for Local Surveys 15 Book Review Street Gang Survey Internet Address Crime in the Digital Age Youth Drug Abuse [email protected]

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

ISSN 0014-5688 USPS 383-310 Investigative Assets The CPA’s Role in Detecting and Preventing Fraud By KEITH SLOTTER

raud and abuse cost U.S. employers an average of $9 F a day per employee, totaling in excess of $400 billion in fraud loss to domestic organizations. Me- dian losses committed by execu- tives represent 16 times more dam- age than those committed by their employees, and the most costly abuses occur in companies with fewer than 100 employees.1 These statistics confirm what law enforce- ment authorities have known for years—companies lose billions of dollars to fraud annually, much of it perpetrated against corporate America. During the past decade, however, those in the financial community, particularly within the accounting profession, viewed this information with both interest and dismay. In fact, the level of fraud © PhotoDisc and, perhaps more important, pub- lic outcry compelled certified pub- THE TRADITIONAL company’s financial statements— lic accountants (CPAs) to alter the AUDITOR the auditors never specifically ad- way they conduct business and Historically, auditors mainly dressed the issue of fraud. Most au- make the search for fraud a speci- have reviewed financial statements dits resulted in a clean opinion of fic requirement in each audit en- to form an opinion concerning the the veracity of the client’s financial gagement. These changes present accuracy of a company’s repre- report. If auditors detected material new opportunities for law enforce- sented financial position. In order to problems and corporate manage- ment to work with the accounting render this opinion, auditors con- ment refused to take proper action, community in detecting, prevent- structed an audit plan to conduct the CPA firm simply withdrew from ing, and investigating a myriad of tests of company records and trans- the assignment. Subsequently, the financial crimes long before compa- actions. In the past, this plan out- company passed the job to another nies report such frauds for criminal lined procedures used to search firm that either did not conduct as investigation, if they report them at for possible errors and irregular- diligent an audit or employed a all. ities that materially impacted a “more creative” approach.

July 1999 / 1 but only provided illusory assur- ance and offered little guidance as Fraud presents to the exact requirements of the “ a daunting CPA or how to detect errors or ir- challenge to regularities. In 1997, after consult- today’s ing with various law enforcement business and investigative agencies, the executives. AICPA deleted the phrase “errors and irregularities” from its auditing standards and finally used the term “fraud.” As a result, CPA firms now must plan their audits to detect and Special Agent Slotter serves in the FBI’s ” report material fraud to company New Haven, Connecticut, field office. management. Since the enactment of this statement on auditing standards, CPAs have discovered new client/ service opportunities, and many The failure of the Penn Square charges of negligence. The typical larger firms have established inves- Bank of Oklahoma City in 1982 large firm spent over 12 percent of tigative services divisions. These marked a new era in financial insti- its revenues on defense litigation.3 organizations often employ retired tution fraud. The severity of this The Big Six4 accounting firms be- law enforcement personnel, assist failure forever influenced the ac- gan dropping clients at a rate of 50 clients in preventing fraud, and counting profession and the way in to 100 per year. Despite implement- weigh options at the discovery of which auditors conduct financial re- ing lower risk strategies, the ac- an embezzlement. Additionally, views. As greedy bank officers used counting profession, as a whole, un- several of the Big Six accounting the banks they controlled as their derstood that for every firm that firms conduct periodic fraud sur- own treasure troves for personal en- dropped a client, 20 more firms veys to determine the current white- richment at the public’s expense, stood ready to step in and replace collar crime climate and future po- over 1,000 financial institutions that one. CPAs became inundated tential for fraud throughout various failed in the United States. The sav- with a barrage of lawsuits claiming industries. Of note, 75 percent of all ings and loan crisis rocked the negligent conduct and oversight. U.S. companies surveyed incur at United States and cost taxpayers The industry began to look for ways least one incident of fraud each over $200 billion, more than the to reduce risk and enhance law en- year, and nearly half sustain five or amount spent on the Vietnam war.2 forcement cooperation. more occurrences. The average After the dust cleared, the fin- fraud totals over $200,000 in losses gers of disgruntled investors, stock- SETTING NEW to the victim company. Interest- holders, and industry experts STANDARDS ingly, although 76 percent of man- pointed directly at CPAs across the Due to this unpredictable and agers believe that fraud has become nation and deemed them derelict in litigious economic climate, the a major problem in society today, their duties to both their clients and American Institute of Certified only 38 percent believe that fraud the public. How could failed institu- Public Accountants (AICPA) began represents a significant problem for tions have received clean bills of reviewing the changing role of the their companies.6 health just months prior to financial CPA. In 1989, the AICPA ad- In a recent international fraud collapse? CPA firms across the dressed the client’s expectations survey, 28 corporate respondents country found themselves in civil regarding the auditor’s responsibil- indicated that they each had lost court defending their reputations on ity to detect fraud during an audit5 over $25 million to fraud during the

2 / FBI Law Enforcement Bulletin last 5 years with 50 percent of that accounting personnel to testify. fraud matter, not just because of amount lost in the previous twelve Previously, only corporate man- client confidentiality issues, but months. Additionally, the report re- agement, pursuant to engaging an rather because they are unsure of vealed that employees committed independent auditor to perform how to proceed. The criminal inves- 84 percent of the most significant a specified fraud audit, made tigator usually initiates liaison with frauds. Almost half of those em- referrals to law enforcement local accountants to establish rap- ployees had been with the company agencies concerning material port and areas of commonality for over 5 years. Discouragingly, criminal misconduct. Today, how- where both professions can benefit. only 13 percent of all fraud losses ever, companies should establish For instance, although CPAs rarely were recovered, including insur- investigative guidelines for the refer suspected fraud to law en- ance recoveries.7 Regarding handling and reporting of fraud forcement without client consent, cyberfraud, fewer than 25 percent allegations. officers can encourage them to rec- of responding companies included a ommend this course of action to computer fraud vulnerability as- their clients based on the likelihood sessment in their year 2000 strate- of success, improved chances of re- gic plans. Only 1 in 10 respondents covering funds, and greater deter- believed adequate internal controls The savings and loan rence factors. In turn, law enforce- were in place to prevent computer ment offers assistance with training hacking.8 crisis rocked the public and private accountants in Fraud presents a daunting United States and fraud detection techniques, current challenge to today’s business “cost taxpayers over crime trends, and frauds to which executives. A bigger problem $200 billion.... certain industry segments remain remains persuading corporate particularly susceptible. America to report instances of fraud As criminals concoct more so- for criminal investigation. Senior phisticated financial schemes, they executives cite the two chief rea- challenge both CPAs and law en- sons for failing to refer fraud dis- Many groups view the law en- forcement officers to develop tech- coveries to law enforcement as fear forcement and accounting profes- niques to combat this country’s of embarrassment and disclosure of sions as mutually exclusive when, ever-expanding fraud problem. In events to competitors.9 Since law in fact, they often have convergent” an effort to narrow the gap between enforcement often relies on crimi- missions. CPA firms, particularly CPA and police department coop- nal referrals to initiate these types those with established investigative eration, the FBI’s Financial Crimes of investigations, both sectors services divisions, seek to identify Section published a report on CPA should seek to bridge the gap to- existing frauds and establish pre- and law enforcement liaison and ward mutual cooperation. vention programs to insulate com- approached the AICPA in an effort panies from incurring future losses. to improve relations and promote a PUBLIC ACCOUNTING In some ways, these goals overlap better exchange of information.10 AND LAW ENFORCEMENT efforts of law enforcement agencies Shortly after that meeting, a major LIAISON striving to bring criminal charges national newspaper ran the head- Traditionally, where the audi- against individuals committing line “FBI: Accountants Should tor’s job concluded in cases of fraud. The key to success remains Turn in Crooked Clients.”11 Al- corporate criminal activity, the law cooperation between the profes- though the headline was not com- enforcement officer’s work began. sions, and the first step is to gain a pletely accurate, the FBI did recom- Infrequent communication existed better understanding of how each mend that CPAs strongly encourage between the two professions except operates. Many CPAs would not their clients to refer suspected when officers obtained accounting consider working with law enforce- frauds for criminal investigation. records through subpoena or called ment authorities on a suspected Except in rare instances, corporate

July 1999 / 3 management should make criminal security officer of a major New CPAs can enjoy when working referrals to law enforcement con- York financial institution.13 together. cerning fraud. Two situations exist The video enlightens business where an auditor should make a di- executives around the world con- The Case of the Missing Fish rect referral to a law enforcement cerning the daily pitfalls their asso- During their 1989 annual audit, agency: 1) when a client’s primary ciates encounter when dealing with independent auditors retained by or subsidiary business operation is fraud. It also focuses on factors a national food products distributor fraudulent in its entirety (e.g., ille- leading to fraud, such as knowing in New York believed they had gal telemarketing operations, uncovered a fraudulent scheme money-laundering front businesses) perpetrated by two vice presidents and 2) when significant criminal who managed the seafood division. fraud occurs within the highest lev- ...corporate Auditors determined that the els of corporate management, and management should executives had purchased over $2 an audit review committee appears million in cod from a foreign sea- unlikely to internally address or rec- make criminal referrals food distributor. In reality, the ex- tify such fraudulent activity.12 “to law enforcement ecutives established the transaction Many savings and loan col- concerning fraud. as an advance purchase—they con- lapses fall into this second category. summated the deal before the fish These criminal activities may ex- were caught. They also structured tend beyond isolated incidents and the deal so that they each would signify problems within an entire company employees, controlling receive a 10 percent personal com- industry. Presently, besides the access to vital systems, realizing the mission on the entire purchase nation’s financial institutions, the importance of establishing anti- agreement. Not only did the execu- insurance, health care, and govern- fraud and contingency plans, and, tives violate company policy with ment-contracting industries remain most important, reporting suspected” this purchase, but the auditors also particularly vulnerable to such frauds for criminal investigation.14 suspected criminal wrongdoing by frauds. Law enforcement agencies and both employees. accounting firms worldwide use “A Although the company’s man- SUCCESS THROUGH Meeting of Minds,” in addition to agement initially remained hesitant, COOPERATION presenters’ notes and handout mate- partners from their independent rials, to educate both the public and CPA firm convinced the auditors to “A Meeting of Minds” private sectors about the prevalence file a formal complaint with law During 1995, the commissioner of this problem. By assisting cur- enforcement authorities. The subse- of the City of London Police rent and potential clients in dealing quent investigation determined that (COLP) approached the FBI direc- with various fraud issues and under- the fraud involved a complex tor about the possibility of produc- scoring their exposure to significant series of wire transfers between ing a joint fraud prevention video. loss, the film conveys a significant the company and several European The concept came to fruition in message—this problem could hap- intermediaries. Within 6 months of 1997 with an unprecedented joint pen to anyone. the complaint, law enforcement collaboration between COLP, the charged both conspirators with FBI, and a major private accounting Successful Scenarios fraud. One of the two executives firm. Filmed in London, New York, Law enforcement agencies and pleaded guilty, and a jury trial and Bridgeport, Connecticut, “A the private sector continue to search convicted the other. The company’s Meeting of Minds” traces the down- for comfortable common ground president described this joint suc- fall of a British investment firm in- in reporting criminal wrongdoing. cess as the single best internal volved in an international “bust The following examples epitomize control his company ever had out” scheme orchestrated by the successes that investigators and implemented.15

4 / FBI Law Enforcement Bulletin The Collapse of the Carpet Cleaner

arry Minkow, an entrepreneur, fully un- misled associates with bogus files and cunning B derstood the laws of supply and demand. deceit. For example, when one auditor de- Growing up in California, Minkow began work- manded to personally view an ongoing carpet ing for a local carpet cleaning company at the restoration job, Minkow simply picked one of age of 14. A year later, he set up his own carpet the nicest office buildings in town, bribed the cleaning/restoration business in his parent’s landlord to act as if Minkow belonged on the garage. He incorporated the operation and called premises, and led the auditor through a series of it ZZZZ Best, as in “ze best.” Within 5 years, by offices in various stages of refurbishment. The the age of 21, Minkow had built his company auditor never suspected the scam.18 into one of the largest independent carpet clean- Minkow knew he could not continue the ing and restoration businesses in the country, charade forever, but he appeared surprised at with profits escalating at a rate of 400 percent how quickly others believed his often bizarre per year. ZZZZ Best stock traded publicly, explanations for irrational corporate behavior. opening at $4 and climbing to nearly $19 per Additionally, Minkow also knew that he could share within 4 months of its initial offering. easily entice or replace overly suspicious During 1987, ZZZZ Best was worth over $300 auditors as necessary. He hoped to sell his own million, and Minkow prepared to take over shares of ZZZZ Best stock (valued at over $100 another carpet cleaning business—a public million) and find a way to compensate everyone. company nearly twice the size of ZZZZ Best. Finally, a former employee exposed Minkow’s Minkow arranged for $40 million in acquisition scheme to a reporter, and less than a year later, financing through a bevy of investment bankers Minkow received a 25-year prison sentence.19 in preparation for making ZZZZ Best the largest Released early from prison in 1993, nonfranchised carpet cleaning and restoration Minkow has spent much of the past several business in America. years speaking to various groups about his Four days before the finalization of the scheme and analyzing ways it could have been acquisition, an article appeared in a major prevented. Like the savings and loan crisis, California newspaper that nixed the merger and much of the blame was placed on his auditors. abruptly ended the seemingly stellar fortunes of Minkow alleges that auditors never used proper the brash and bold ZZZZ Best founder.17 How cash cut-off procedures or inquired why he con- did this corporate leader collapse overnight? The stantly switched his accounts to different banks. answer is simple; ZZZZ Best never existed as If the auditors had inquired, they would have advertised—the entire company was a fraud. learned that Minkow submitted phony tax re- Minkow’s high-wire act merely included a turns and that banks closed his accounts for collage of check kiting, loan fraud, and fictitious check kiting, writing excessive non-sufficient- record-keeping activities that duped everyone fund checks, using fictitious checks, and con- from shareholders to accountants to the coun- ducting loan fraud. Additionally, Minkow failed try’s most savvy investment bankers. Although to disclose millions of dollars in private loans Minkow continued to operate a small time car- and managed to divert accounts receivable pet cleaning operation, ZZZZ Best represented a confirmation reports. He asserts that if auditors rising industrial conglomerate on paper. Minkow had per-sisted and made a thorough examina- created reams of phony documents including tion, ZZZZ Best would have collapsed years loan files, check registers, general journals, and before its eventual demise.20 accounts receivable invoices. He routinely

July 1999 / 5 CPA Helps Chill Boiler Room CONCLUSION Endnotes During the summer of 1991, an Heading into the 21st century, 1 The Association of Certified Fraud Examiners, “Report to the Nation on Occupa- independent CPA in Florida was the need for law enforcement and tional Fraud and Abuse,” Austin, Texas, 1996. hired by a company to compile public accounting cooperation re- 2 “Shattered Faith–White-collar Crime in monthly financial statements and mains imperative. Congress has America,” video coproduced by the Financial prepare annual consolidated in- greatly assisted law enforcement Crimes Section, FBIHQ, Washington, DC, and the Instructional Technology Services Unit, FBI come tax returns. Additionally, the efforts in combating corporate Academy, Quantico, Virginia. company began preparing to initiate fraud through the enactment of the 3 Lee Berton, “Big Accounting Firms Weed a public offering during the next Economic Espionage Act of 1996. out Risky Clients,” The Wall Street Journal, few months. When provided with Yet, the vast majority of these June 26, 1995, B1. 4 The six largest accounting firms in the monthly financial information, the crimes still go unreported. Law en- United States, known as the Big Six, consist of: CPA became suspicious about the forcement agencies should not only Arthur Andersen, Price Waterhouse, Ernst & company’s business activities. Spe- Young, Deloitte & Touche, KPMG Peat cifically, the legitimacy of the Marwick, and Coopers & Lybrand. 5 Marvin M. Levy, “Implementing SAS 53: company’s pursuits and its negative Detecting Financial Fraud Within a GAAS cash flow, despite reported operat- Audit,” AICPA Newsletter, December 1989. ing profits, caused concern for the ...the need for law 6 1994 Fraud Survey, Forensic and CPA. Investigative Services Division, KPMG Peat enforcement and Marwick. During 1992, the CPA met with public accounting 7 “Fraud, the Unmanaged Risk,” Interna- the company’s owner and requested cooperation remains tional Survey of the Effect of Fraud on to review all of the corporate facili- “ Business, Ernst & Young International Fraud ties. The owner only agreed to a imperative. Group, May 1998. 8 Ibid. limited walk-through of the pre- 9 1996 Fraud Survey, Investigative Services mises. What the accountant saw ap- Division, Ernst & Young. palled him—salespeople screaming 10 “Public Accounting/Law Enforcement into telephones while selling prod- tenaciously investigate these crimes Liaison–Teamwork in Combating Fraud,” Financial Crimes Section, FBIHQ, Washington, ucts and promising prizes. He cor- but also should educate the public DC, 1995. rectly surmised that the operation about their consequences and effect 11 David J. Lynch, “FBI: Accountants was an illegal telemarketing prize on the U.S. economy. More impor- Should Turn in Crooked Clients,” USA Today, room and promptly withdrew from tant, agencies that develop ”a con- August 3, 1995, B1. 12 Supra note 10. the job. Especially concerned about tinuing liaison with the private sec- 13 “A Meeting of Minds,” video by the FBI thousands of people around the tor, particularly the accounting and the City of London Police Department, country falling for the scheme, the profession, help ensure that compa- produced by Main Image Limited, 1997. CPA contacted the FBI. Fortu- nies report all types of fraud for 14 Ibid. 15 Supra note 10. nately, the FBI, along with other criminal investigation. In addition 16 Supra note 10. agencies, already had begun an in- to private firms, professional orga- 17 Barry Minkow, Clean Sweep–A Story of vestigation of the subject company. nizations such as the AICPA, Insti- Compromise, Corruption, Collapse, and By leading investigators through an tute of Management Accountants, Comeback: The Inside Story of the ZZZZ Best Scam...One of Wall Street’s Biggest Frauds, array of different companies and fi- and state boards of accountancy can (Thomas Nelson Publishers, 1995). nancial transactions, the CPA’s learn how to deal better with fraud 18 Ibid. contributions to the case proved in- and its industrial impact. With con- 19 Ibid. valuable. The FBI eventually raided tinued cooperation from both sides, 20 Barry Minkow and Dan Hatch, “Manual to the Fraudo Dynamics Video Series–A Series this company, and the owner and 11 corporate America will undoubt- on Fraud Detection and Prevention,” video other individuals were convicted edly reap the benefits of improved produced by A & A Productions, 1995. and subsequently sentenced to vari- fraud detection, deterrence, and ous prison terms.16 prevention.

6 / FBI Law Enforcement Bulletin Police Practice

Operation Linebacker various law enforcement agencies, interagency Using Status Offenses to planning remains an important factor to maintain Reduce Crime in Communities the additional help needed in such operations. The liaison the FWPD sweep coordinators created By Robert J. Girod, M.S. © Mark Ide prior to beginning the sweeps proved beneficial to making their program run smoothly. For example, prior to initiating the sweeps, the FWPD program coordinators— • asked juvenile probation officers to provide vans for transporting prisoners during the program and employed FWPD reserve police officers as security for those taken into custody. • notified the local juvenile detention facility to expect an increase in inmates requiring either detention, citation, or parental notification and release processing. FWPD found that with large numbers of arrests, citing the juvenile and releas- ing them to a parent or guardian proved most efficient. • asked local and state police departments for additional officers to assist with the sweeps and to provide additional security at the detention facility. • requested additional city dispatchers, particularly for wanted person, runaway, and other records checks. • notified the FWPD Bureau of Identification that it uvenile offenses, gang-related crime, violent would need extra personnel for conducting crime, vandalism, and status offenses1 remain records checks, booking adult prisoners, and J a problem in many major cities throughout the assigning control numbers. nation. To combat such problems in Fort Wayne, • advised nonemergency dispatchers to direct gang- Indiana, the police department developed a juvenile related, disturbance, nuisance, and status-offense interdiction sweeps program, nicknamed Operation calls to the sweep teams. Linebacker after a wartime defensive blitz tactic. This • notified detectives from both the Juvenile and program teams officers and police reserves from the Detective Bureaus, as well as from the Vice and Fort Wayne Police Department (FWPD) with officers Narcotics Division, that the sweep teams would from the Indiana State Excise Police (Alcoholic handle those gang-related and status-offense Beverage Commission) and the Allen County Juve- calls but they should remain available for nile Probation Office. It operates on the Broken 2 juvenile and adult that felony investigations Windows theory and targets crimes committed by and arrests. juveniles. • issued team members a standardized worksheet Coordinating the Effort used to report team arrests, which included a When police departments create juvenile interdic- checklist of common charges. tion programs, the coordinators must plan for special In addition to coordinating the different aspects of considerations. In addition to forming the teams from a juvenile interdiction program, each team can take

July 1999 / 7 other steps to ensure success. For example, the FWPD city ordinances, such as being in a city park after sweep teams gathered intelligence from local school hours and possessing an open container of alcohol, to personnel, as well as juvenile and corrections person- narcotic offenses. nel, on potential alcohol or drug parties. Further, Prior to the team’s first sweep, the FWPD held a establishing liaison with child protective services case public meeting to explain the concepts of the pro- workers proved useful in the placement of unattended gram. Concerned citizens, parents, and members of minors or children in need of services. FWPD found the media attended and obtained general information contacts in the local prosecutor’s office beneficial as about the operation but not the specific dates or times well, because they participated as observers and of the sweeps. provided assistance for obtaining For two consecutive week- warrants. A myriad of other ends during spring break, the agencies exist that could prove teams patrolled for juvenile beneficial in sweep operations crime interdiction. The patrols (e.g., animal control officers, city ...the teams conducted the first weekend or state fire marshals, and board “conducted more sweeps from 7 p.m. to 3 a.m. and of health inspectors), and main- than eight weekend the following weekend from 9 taining liaison with these indi- p.m. to 5 a.m. During these first viduals remains paramount to sweeps, averaging two sweeps, the teams arrested successful operations. more than 130 about 200 juveniles for various Team coordinators should arrests during each offenses. remember to pair units from the weekend. Local police commanders participating agencies when and the FWPD Crime Analysis preparing assignment rosters. Unit indicated that during and Additionally, prior to the sweeps, immediately following the they should provide team mem- ” sweeps, the calls for police bers with such small, yet crucial, details as which service and the number of criminal incidents declined radio channel the teams will use and what protocol to noticeably. In addition, this proactive enforcement follow when transmitting. and juveline-offense interdiction reduced vandalism, Finally, team coordinators must consider what gang crimes, and juvenile violence. types of transportation will best serve each sweep. In Operation Linebacker continued in May and addition to the use of marked and unmarked police June during “senior skip week” and just before and cars, coordinators should not overlook other means of immediately after area high school graduations. transportation, such as equestrian, bicycle, and foot During 1998, the teams conducted more than eight patrols. weekend sweeps, averaging more than 130 arrests during each weekend. One sweep resulted in a status- Implementing the Program offense arrest of juveniles wanted in another county During the 1998 spring break for Fort Wayne for a gun store robbery. community schools, FWPD initiated a pilot program In another sweep, based on probable cause and with four goals in mind—to reduce gang violence, to tips developed from citizen complaints, the team curb vandalism, to decrease juvenile criminal activity, obtained search warrants to raid underage drug and and to act as an ongoing deterrent during the spring alcohol parties. Other sweeps, such as those con- and summer months. To accomplish these goals, the ducted after hours in city parks, produced arrests of FWPD targeted status crimes such as alcohol-related wanted persons and runaways, as well as numerous offenses committed by individuals under the age of subsequent vice investigations. Additionally, these 21, underage possession of tobacco products, and sweeps in city parks often revealed hidden underage curfew violations for minors. The teams also focused drinking parties and curtailed many cases of on various other crimes ranging from violations of vandalism.

8 / FBI Law Enforcement Bulletin Conclusion more serious offenders, thus making the neighbor- The Fort Wayne Police Department and other hood streets safer for all citizens. area law enforcement agencies have collaborated successfully to dramatically decrease crime and Endnotes increase neighborhood safety. Additionally, this 1 Status offenses are those acts committed by underage individuals. program has been implemented at little or no cost to 2 Briefly, this theory contends that a broken window left unfixed is a the agencies and has helped to combat crime and sign that nobody cares and leads to more serious damage. Similarly, minor crimes left untended are signs that may lead to more serious crime and violence in Fort Wayne. urban decay. J. Wilson and G. Kelling, “Broken Windows: The Police and In today’s society, where police arrest children for Neighborhood Safety,” Atlantic Monthly, March 1982, 29-38. murder, robbery, and other adult offenses, the impor- tance and effectiveness of enforcement of these Sergeant Girod supervises the northeast and southeast offenses seem obvious. The FWPD's Operation quadrants in the Detective Bureau of the Fort Wayne, Linebacker Program has confirmed that the enforce- Indiana, Police Department. The author wishes to ment of juvenile offenses such as smoking, drinking acknowledge all of the members of the various departments alcohol, and violating curfew laws, deters more for their significant contributions in making this program a serious criminal activity and leads to the arrests of success.

Subscribe Now

July 1999 / 9 Drug Labs and Endangered Children By TOM MANNING, J.D.

© DigitalStock

rugs, guns, and money— Officers in San Diego, Califor- estimated 20 percent of these cases the usual seizures by law nia, understand this scenario all too had children associated with them. Denforcement officers dur- well. Because of the high rate of Also, methamphetamine manufac- ing a raid on a suspected metham- methamphetamine use and produc- turing labs ranged in operation from phetamine producer—are being tion, San Diego held the title of the large multilayered organizations to joined by a new and, sadly, ever- Methamphetamine Capital for sev- small “mom and pop” shops pro- increasing phenomenon, the chil- eral years. From 1988 to 1995, ducing the drug on kitchen stoves. dren left behind when officers ar- county-funded drug treatment pro- Local government, law en- rest their parents for illegally grams reported an increase of more forcement, and community groups manufacturing or using this drug. than 500 percent in cases where have worked hard to change San More often than not, officers end up methamphetamine was reported Diego’s unfortunate but deserved changing dirty diapers, comforting as the primary drug problem. In reputation. Recently, however, screaming babies, and entertaining 1996, methamphetamine-related methamphetamine use and produc- these children for hours. arrests totaled 5,218. Tragically, an tion have spread rapidly, not only

10 / FBI Law Enforcement Bulletin within the entire state but through- have discovered chemicals used in in lengthy delays because these out the nation, as well. methamphetamine production agencies often are overworked and stored in open or improperly sealed poorly equipped to handle emer- METHAMPHETAMINE containers in areas where children gency situations. Therefore, in PRODUCTION DANGERS played. These chemicals emit haz- many instances, children return The methamphetamine produc- ardous fumes toxic enough to burn time and again to their unsafe, un- tion process involves three basic lungs; damage the brain, kidneys, stable homes because of the lack of stages. First, the cooking stage and liver; or even kill these chil- available intervention resources. where the chemicals ephedrine, hy- dren. In a recent case, two boys re- Further, often stymied in their at- driodic acid, and red phosphorous ceived second-degree chemical tempts to get the children to a safe are mixed and heated at various burns on their arms when they fell environment, police officers cannot stages for about 12 hours and then off their bikes onto a patch of dirt in focus on their primary missions of strained to remove the red phospho- their backyard. Police officers dis- gathering evidence, putting offend- rous, which is not water soluble and covered that their parents had ers in jail, and preparing these cases is fatal in large doses. Then, the dumped leftover waste from their for prosecution. Both kids and of- extraction stage involves adding so- methamphetamine production in ficers get caught in the middle of dium hydroxide to covert the acidic the yard. parental drug use and profiteering. mixture to a basic one and then add- What can be done to protect ing Freon to extract the metham- these children? The available op- THE SOLUTION phetamine from the base. Finally, tions do not always provide these For years, the concept of chil- the salting or drying stage includes children with the safest alternatives. dren as victims of the methamphet- adding hydrogen chloride gas to the For example, leaving the children amine epidemic remained un- mixture to convert it from an oil into with a neighbor or family member known. However, in 1995, the issue a crystalline powder. All of the may prove risky because such indi- gained national attention when a stages involve highly flammable viduals may not possess the ability Riverside County methamphet- and toxic substances.1 to care for a child. Also, calling amine lab exploded, killing three The danger to children becomes child protective services may result small children. Their mother obvious when a methamphetamine lab explodes, killing or injuring them, or when authorities discover neglected children as a result of their parents’ methamphetamine use. However, chemical burns and ...social workers and exposure to hazardous chemicals and deadly gases represent some of “health care providers the more insidious and overlooked have joined police injuries caused by living in a meth- officers in helping amphetamine lab environment. For children involved in example, authorities have found ba- methamphetamine bies crawling on carpets where arrests. toxic chemicals used to make meth- amphetamine have spilled. They have seen children cooking their own meals in the same microwave Mr. Manning serves as a deputy district attorney assigned ovens that their parents used to pro- to the North” County Jurisdictions Unified for Drug/Gang duce methamphetamine. Also, they Enforcement Unit in San Diego, California.

July 1999 / 11 received a conviction of second-de- organization and model to launch cooking methamphetamine in their gree murder and appealed the ver- the Drug Endangered Children apartment’s only bathroom when dict. In March 1998, the Fourth Dis- (DEC) program in January 1998.3 the substance ignited. Fortunately, trict Court of Appeals ruled that Besides fostering greater coopera- the mother and her 2-year-old son manufacturing methamphetamine tion and coordination between so- escaped the fire without injury. Her is an inherently dangerous felony cial services and law enforcement, boyfriend also fled the scene, but for the purpose of the second-de- DEC studies and documents the officers later captured and identi- gree felony-murder rule.2 This case environmental hazards that chil- fied him by the burns on his arms. sparked state legislation that added dren are exposed to in these prison enhancements for the pres- methamphetamine “kitchens of Coordinated Efforts ence of children at methamphet- death.” Health care workers estab- In the past, police officers who amine labs. As of January 1998, lish the medical procedures and encountered children in a metham- defendants found guilty of manu- document the testing of these chil- phetamine lab environment at- facturing methamphetamine in the dren. Prosecutors then use this in- tempted to contact the Children’s presence of children under 16 face a formation to add child endanger- Services Bureau to remove the chil- 2-year prison enhancement. The ment charges and new penalty dren. However, the officers either methamphetamine producer can ex- enhancements targeting metham- had to transport the children to a pect an additional 5-year penalty phetamine manufacturers. facility or find someone who could enhancement when a child is in- care for them. In these situations, jured as a result of the methamphet- even when social workers re- amine production process. sponded, no specific procedures ex- isted. Often, the children did not The Drug Endangered ...as part of DEC, receive proper medical testing, ex- Children Program officers complete aminations, or interviews. Unfortu- In conjunction with strengthen- forms that describe nately, lack of communication and ing state law, California awarded “the conditions and sometimes-unclear jurisdictional grants to four counties (San Diego, hazards present in parameters existed among law en- Los Angeles, Santa Cruz, and Or- forcement, social services, and ange) to identify issues, establish the home or at the health care providers. protocol, and implement a lab site. Under DEC, however, social multidisciplinary approach to pro- workers and health care providers tecting children victimized by expo- have joined police officers in help- sure to methamphetamine manufac- ing children involved in metham- turing. In each county, the district After reviewing area drug sta- phetamine arrests. Social workers attorney’s office developed a pro- tistics, the San Diego district attor- can respond to the scene and trans- gram employing the skills, knowl- ney decided that North San Diego port children exposed to toxic edge, and experience of individuals County represented the logical” chemicals to the proper medical fa- from law enforcement, health care, place to implement the program. cility. Health care providers have and social services. Over the past 2 years, 90 percent of created guidelines so that children methamphetamine lab seizures oc- found in methamphetamine lab en- Program Description curred in North County. In 1997 vironments will receive all of the In San Diego County, the dis- alone, police discovered 62 meth- necessary testing and treatment pro- trict attorney’s office used the amphetamine labs, and 40 percent cedures. Also, once medical au- successful Jurisdictions Unified of these had children present or thorities have verified that these for Drug/Gang Enforcement living at the site.4 In one case, a children have been exposed to (JUDGE) program as an umbrella mother and her boyfriend were methamphetamine and the toxins

12 / FBI Law Enforcement Bulletin Methamphetamine Production Process

Stage Steps in Process Chemicals Added Process Hazards Generated

Cooking Initial Mixing Ephedrine Chemicals are mixed and Fires and Heating Hydriodic Acid heated for about 12 hours Explosions Red Phosphorous to form D-meth in an acidic Toxic Gas mixture.

Straining None Mixture is strained through Discarded bed a bed sheet or pillowcase sheets/pillowcases to remove the red contaminated with phosphorous. red phosphorous and hydriodic acid

Extraction Converting Sodium Hydroxide Sodium hydroxide is added Spills to a Base (lye/caustic soda) to convert the acidic mixture Ice to a basic one. Ice is then added to cool the resulting exothermic reaction to prevent evaporation or loss of product. After this step, the mixture is transferred to a separatory vessel, most often a 55-gallon drum with a spigot at its base.

Extracting Freon (cooks have Freon is added to aid in the Large amounts of D-meth been known to use extraction of the D-meth from sodium hydroxide Coleman fuel or the sodium hydroxide waste. other solvents) solution. The Freon will drag the D-meth to the bottom of the vessel, and the clandestine lab cook will drain it off. If another solvent is used, the D-meth base floats to the top because this solvent is lighter than water.

Salting Salting Hydrogen When treated with hydrogen Discarded solvents and Drying chloride gas chloride gas, the D-meth oil Flammable hazards will convert into a white crystalline powder. Presses or mop buckets are used to remove excess Freon.

Information obtained from U.S. Department of Justice, National Drug Intelligence Center, Hazards of D-Methamphetamine Production, June 1995.

July 1999 / 13 associated with its production, they When deputies arrived at the resi- numbers, children of methamphet- track the children’s progress to en- dence, they found two small chil- amine producers have become vic- sure their continued health and dren running around a filthy house timized by their parents’ illegal safety. littered with old food and dirty dia- manufacture and use of this sub- Additionally, before DEC pers. In a back bedroom, they dis- stance. These parents neglect their started, concern for children living covered a crying 6-month-old baby children’s development and place or present at the site of a metham- obviously in desperate need of a them in hazardous living conditions phetamine lab did not represent a diaper change. One deputy stopped that can cause serious health prob- prosecutorial priority. Usually, po- the baby’s crying by changing her lems, even death. lice officers would note the ex- diaper and then picking her up and Law enforcement officers have tremely poor living conditions comforting her. While waiting for a found it increasingly difficult to when they arrested the parents but social worker to arrive, another find safe havens for these children seldom documented these circum- deputy took the handcuffs off the left behind by their parents’ arrest. stances, unless they did so acciden- The San Diego District Attorney’s tally in photographs of the lab site. Office brought together the neces- Now, as part of DEC, officers sary resources to design and imple- complete forms that describe the ment a solution. By coordinating conditions and hazards present in Both kids and the efforts of law enforcement, the home or at the lab site. The health care, and social services un- forms also direct officers to inter- officers get caught der one centralized program, the view children and collect evidence in the middle of Drug Endangered Children pro- for endangerment prosecution. “parental drug use gram has helped to handle this sad Moreover, the deputy district attor- and profiteering. but mushrooming situation. Agen- ney assigned to the team can assist cies responsible for the public’s police officers in their investiga- safety may want to consider devel- tions and prosecute these cases, in- oping similar programs for the chil- cluding child endangerment dren of arrested methampheta- charges if warranted. baby’s mother so she could care for mine users and producers before her baby. However, when the their communities face the same Program Results deputy placed the baby in her crisis. Local police officers in San Di- mother’s lap, the baby began” cry- ego County have responded favor- ing, and the mother had no idea how Endnotes ably to the team concept of DEC. to comfort her. The deputy picked 1 U.S. Department of Justice, National Drug The program allows officers and up the baby again, and she immedi- Intelligence Center, Hazards of D-Methamphet- social workers to use their collec- ately calmed down. The deputy amine Production, June 1995. tive experience to work together on later said that the baby seemed to 2 People v. James, 62 Cal. App. 4th 244 a joint mission—removing children (1998). know that the police were there to 3 Formed in 1987, JUDGE uses a from dangerous environments. At help her. Another deputy noted that multijurisdictional approach to target gangs and the same time, it permits officers to helping a little child made his job drug dealers. Because of the high volume of concentrate most of their efforts on worthwhile. methamphetamine trafficking and lab cases the critical law enforcement mat- prosecuted, JUDGE proved the logical CONCLUSION organization to implement the DEC program. ters associated with these incidents. 4 Statistics compiled by DEA South West A recent DEC case involving a Methamphetamine manufactur- Regional Lab and California Bureau of Narcotic methamphetamine-producing pa- ing has added a new casualty to its Enforcement, San Diego Office. role violator illustrates how some long list of victims caught in the officers feel about this program. morass of drug abuse. In increasing

14 / FBI Law Enforcement Bulletin Book Review

Crime in the Digital Age: Controlling investigation, and prosecution of digital crimes; Telecommunications and Cyberspace and countermeasures society should consider to Illegalities by P. N. Grabosky and Russel G. minimize risk while ensuring individual privacy Smith, published by Transaction Publishers, and managing costs. Additionally, several Rutgers University, New Brunswick, New themes appear in each category of illegality, Jersey/The Federation Press, Annandale, New such as technologies for concealing the identity South Wales, Australia, 1998. of the content of communications (e.g., “spoof- The emergence of low-cost computing, the ing”), encryption, and the extraterritorial nature Internet, and advances in wireless telecommuni- of telecommunications crime. cations has fueled one of the most significant The authors present a detailed analytical developments of our time—the information age. study of the problem as it currently exists. They But, in addition to the numerous advantages of also succeed in articulately describing the this progress, significant challenges face society double-edged conflicts that naturally arise in the today. investigation and prosecution of technology Crime in the Digital Age catalogs current crimes (e.g., dilemmas such as privacy vs. and emerging criminal techniques involving accountability and national sovereignty vs. telecommunication systems and the Internet, in globalism). addition to identifying measures that potentially Law enforcement successfully can investi- can mitigate future risk to society. The authors gate digital crimes through expanded data conducted extensive research and provide analysis, better coordination, specialized train- excellent documentation. The book encompasses ing, and increased and dedicated resources. The a large amount of information and covers each authors suggest that not only will new technolo- subject in an organized manner. Topics range gies emerge, but new and altered forms of from technology, described in simple language, digital crime will as well. In spite of interna- to legislation, regulatory shortcomings, and tional law enforcement efforts to cooperate categories of high-tech crime. While the book through sharing information, recognizing laws, appears aimed at researchers in the field of and expanding extradition agreements, digital technical criminal investigation and associated crime in the future promises to outpace those policy makers, its plain language and focus on efforts. The authors indicate that “one may crime make it a useful reference for all high-tech confidently assert that the future will see a investigators. substantial increase in the number of potential The authors selected an interesting layout targets and potential perpetrators of digital for the book. After a compelling introductory crime. The capacity of governments, singly or chapter, the book’s next nine chapters catalogue collectively, to control some form of telecom- categories of telecommunication and cyber munications and cyberspace illegality remains crime from illegal interception of telecommuni- limited.” cations to pornography and other offensive content, telemarketing fraud, and the use of Reviewed by telecommunications to facilitate criminal Marcus C. Thomas, Unit Chief conspiracies. In each chapter, the authors Electronic Surveillance Technology-4 discuss the organizational and regulatory Engineering Research Facility environment; difficulties arising in the detection, Quantico, Virginia

July 1999 / 15 Police Training in the 21st Century By MICHAEL L. BIRZER, M.S.

© DigitalStock

s the countdown to the new important.1 As departments evolve and the nature of instructional millennium begins, the po- into community policing organiza- methods. Alicing profession finds it- tions, administrators must address a self in the midst of an exciting, yet myriad of issues, such as decentrali- THE ACADEMY complex, change. The community- zation, empowerment, leadership, CURRICULUM oriented policing philosophy adopt- recruitment and selection, organiza- What new officers learn from ed by agencies nationwide contin- tional restructuring, problem solv- the police academy curriculum ues to drive a fundamental change ing, and training. serves as the foundation and build- in policing. Some police scholars Administrators can address ing blocks for effective change in have asserted that as job des- many important steps that are sym- policing. Police work entails a vast criptions move from reactive to biotic with the change to the com- amount of contact between the com- proactive policing styles, issues that munity policing philosophy. How- munity and the officers. Further- relate to community policing, train- ever, they must focus on two salient more, it involves problem solving ing, and performance become more features: the academy curriculum and the ability of the police to work

16 / FBI Law Enforcement Bulletin coactively with a wide variety of resources to eliminate the root ...academies causes of crime-related problems. should include In this sense, training should refo- “ cus on more pertinent and relevant more than the issues (e.g., conflict resolution, mechanical aspects quality-of-life issues) than the tradi- of policing in their tional curriculum, which has largely curricula. centered on the mechanical and technical aspects of policing. A Review of the ...an important Existing Curriculum “element in theLieutenant” Birzer serves in the Patrol Division of the Research into the on-duty ac- proof of almostSedgwick County Sheriff’s Department in Wichita, Kansas. tivities of American police con- every crime is ducted by the Bureau of Justice Statistics indicates that officers and establishingaccident investigation. that These police training academy should spend 10 percent of patrol activity importantfunds hands-on were topics should evolve into a more problem- and on criminal-related matters and the remaintransferred in the police illegally academy train- student-centered curriculum. Offi- remaining 90 percent on a variety of ing curriculum;to the accused. however, the ma- cers should understand how various service-related calls (e.g., neigh- jority of these subjects involve in- subjects taught at the academy or borhood disturbances, conflict struction in the mechanical aspects follow-up in-service courses relate resolution, etc.).2 Other studies of police work. As policing evolves to problem solving. have found that police officers into community-oriented strategies,” spend only 20 percent of their time academies should include more The Evolving Curriculum dealing with actual crimes or viola- than the mechanical aspects of po- Police officers frequently must tions and that they devote the ma- licing in their curriculums. engage in proactive problem-solv- jority of their remaining time to ser- The evolving police role in- ing and crime prevention activities vice-oriented aspects.3 Many police cludes working in concert with the within the neighborhoods they pa- scholars have drawn similar conclu- community in order to solve the trol. If police agencies require offi- sions that law enforcement tasks root causes of crime problems. The cers to become proactive problem occupy a small portion of officers’ concept of police as problem solv- solvers, resource catalysts, and on-duty time.4 ers has major implications for the communicators, they must foster The paradox in the current state content and form of training pro- and support this philosophy at the of police training is that the major- grams, which may not foster the recruit and in-service training level. ity of training curricula are de- skills the police need to solve prob- Because of the increased con- signed almost exclusively to teach lems. Law enforcement training tact that the police have with citi- officers what they will be doing a programs teach the law, department zens, officers must receive train- small percentage of their on-duty regulations, and skills without ing in such areas as interpersonal time. Police instructors usually cen- much attention to how these might interaction, ethnic diversity, drug ter their curricula around such stan- apply to specific problems police and alcohol awareness, and do- dard topics as criminal law, defen- often handle and the methods for mestic violence.6 Historically, the sive tactics, firearms training, dealing with them (e.g., interper- police training curriculum has de- crowd control, investigative proce- sonal communication skills, prob- voted minimal attention to com- dures, mechanics of arrest, proper lem-solving skills, etc.).5 In this munication skills. Academy in- use of force, traffic enforcement, sense, the curriculum taught in the structors should train officers in

July 1999 / 17 de-escalation skills and “verbal these methods including the use of work group, and the trainer would judo” techniques. Moreover, this lectures and films as an instruc- become a facilitator of learning. training should continue after tional technique.7 Some experts ar- This training approach may en- graduation. For example, most gue that community policing de- hance and foster the community po- agencies require that police officers partments should shift training from licing culture by allowing students qualify one or more times a year mastery and obedience to a focus on to work with others to solve prob- with their firearms. This remains empowering.8 Various emerging lems and become more self-directed important from the standpoint of approaches exist that may foster a in this process. Furthermore, in- proficiency, safety, and liability. more effective learning experience structors should encourage students Administrators should schedule for the individual police recruit. to bring both their lives and past similar training intervals for com- career experiences into the prob- munication skills because research lem-solving process, as opposed to has shown that the way officers merely following a policy and pro- communicate with citizens often af- cedure manual in order to solve a fects the outcome of a particular For community problem. situation. policing to A symbiosis exists between Cultural diversity represents fostering self-direction in training another important area that police succeed, police and encouraging officers to work in trainers must include in their cur- “officers must be the field under the axiom of com- ricula. Because of changing demo- self-directed.... munity policing. Police training has graphics, officers today make con- long been mechanistic and behav- tact with people from different ioral in nature. This philosophy ethnic cultures and backgrounds must change in order to bring offi- more often than they did in the past. cers up-to-date with the commu- Police must receive training on the Evolving Strategies nity-oriented policing approach and demographics of the communities Training conducted in the po- different methods of training. they serve, as well as the differ- lice academy should highlight self- ent cultures and customs. Although directed learning, which goes” hand Andragogy and Police Training it may prove difficult to change in hand with community policing. Andragogy, the process of individual officers’ attitudes in this For community policing to succeed, teaching adults, differs from peda- sense, this type of training will police officers must be self-di- gogy, the process of teaching chil- change behaviors, and adminis- rected; when they discover a prob- dren. Andragogy theorists believe trators must include it in the lem, they must solve it. The training that adults learn differently than curricula. environment proves an ideal place children, and they advocate both the to help police officers achieve this self-directed learning concept and THE INSTRUCTIONAL objective. For example, when the teacher as the facilitator of METHODS teaching problem-oriented polic- learning.9 Most police academies conduct ing, instructors should allow offi- Many similarities exist be- training using a lecture format. This cers to meet in small groups where tween the andragogy theory and the structured approach, which empha- they can work through problems in- community policing philosophy. sizes mastery and obedience, puts herent in the community. This Community policing requires that undue stress on students and does would require officers to seek re- officers become self-directed and not encourage effective learning or sources to solve the problem in a empowered to solve problems support the community policing self-directed manner. The students within the community. Incorporat- mission. Some experts argue that would learn to solve the problems ing andragogy theory into academy police trainers have overrelied on within the framework of a small training can help officers develop

18 / FBI Law Enforcement Bulletin these important abilities. Bringing today’s society is growing more di- In order to achieve effective these two theories together into the verse, instructors should encourage learning and cultural integration, training curriculum will help offi- students in small groups to discuss academy curriculum and instruc- cers to apply various subjects to the issues pertaining to race and diver- tional methodologies must evolve problem-solving process and also sity. Allowing recruits to share their with police strategies. In many teach them how to immediately ap- life experiences during the process ways, police training has not kept ply these subjects within the context of diversity training will permit pace with the demands required of of the community. them to resolve issues pertaining to police in an ever-changing society. Some police scholars have ar- race, sex, or the whole spectrum of Police trainers should emphasize gued that because law enforcement diversity. self-directed and problem-centered trainers use andragogy, and not © Mark Ide learning in order to help bring ad- pedagogy, in order to facilitate equately prepared recruits into the learning, the instruction should re- 21st century of policing. main learner-centered rather than 10 teacher-centered. In reality, how- Endnotes ever, many police academies teach 1 R.S. Gutierrez and Q.C. Thurman, new officers using methods similar “Selecting, Training, and Retraining Officers to to those employed in teaching chil- Do Community Policing,” in Community dren. These police academies foster Policing in a Rural Setting, ed. Q.C. Thurman and E.F. McGarrell (Cincinnati, OH: Anderson an environment, where the focus Publishing Co., 1997). becomes the chain of command, 2 Bureau of Justice Statistics, Report to the rules, regulations, and policy and Nation on Crime and Justice (Washington, DC, procedures. While instructors still 1983). 3 H. Goldstein, P. Monti, T. Sardino, and D. should impart these values to new Green, Police Crisis Intervention (Kalamazoo, police officers, they should begin to MI: Behaviordelia Inc., 1977). limit their concentration on these 4 P.D. Mayhill, T. Barker and R.D. Hunter, elements as community policing Police Community Relations and the Adminis- tration of Justice (Englewood Cliffs, NJ: philosophies evolve. Prentice Hall Inc., 1995). Instructors can enhance topics 5 H. Goldstein, Problem-oriented Policing within the academy curriculum CONCLUSION (New York: McGraw-Hill Inc., 1990). through self-directed group discus- In order for the police to evolve 6 Supra note 1, 80. 7 L.K. Gaines, M.D. Southerland, and J.E. sions and active debate within the successfully into a true community Angell, Police Administration (New York: classroom. Although, historically, policing culture, training must be- McGraw-Hill, 1991). this type of environment has not ex- come more effective in both form 8 R. Trojanowicz and Bonnie Bucqueroux, isted in police training facilities, po- and substance. Some police schol- Community Policing: A Contemporary Perspective (Cincinnati, OH: Anderson lice personnel need to explore dif- ars have asserted that traditional Publishing Co., 1990), 5. ferences and develop personal police training, course titles, and 9 M. Knowles, The Adult Learner: A understandings in the academy content were designed to reflect the Neglected Species (Houston, TX: Golf classroom environment. peculiarities of the police subcul- Publishing Co., 1990), 57. 10 S.M. Ramirez, “The Need for a New Officers may benefit from an tures in which they were adminis- Learning Culture in Law Enforcement,” The andragogical approach when learn- tered.11 Training remains an effec- Police Chief, November 1996, 24-26. ing many of the skills of policing, tive and necessary tool that 11 V. McLaughlin and M.E Donahue, such as public speaking, inter- administrators can use to help offi- “Training for Community-Oriented Policing,” in Issues in Community Policing, ed. P.C. personal communication skills, cers make the change to a more Kratcoski and D. Dukes (Cincinnati, OH: problem-solving skills, and cultural community-minded and crime pre- Anderson Publishing Co., 1995), 138. diversity. For example, because vention culture.

July 1999 / 19 Bulletin Reports

Combating Underage Drinking

The problem of underage drinking continues to plague America’s youth. This widespread problem places all of U.S. citizens at a risk daily. To help combat this problem, the U.S. Department of Justice recently announced that each state will receive $360,000 through a new program administered by the Office of Juvenile Justice and Delinquency Prevention (OJJDP). States will be able to use these funds for improved enforcement of prohibitions against selling alcohol to minors and for alcohol use prevention programs. Recent statistics from the Office of National Drug Control Policy (ONDCP) help define the problem of underage drinking. For example, ONDCP reports that approximately 9.5 million drinkers in 1996 were youths ranging from 12 to 20 years of age. Of this figure, 4.4 million were binge drinkers, and 1.9 million were heavy drinkers. Additionally, the ONDCP survey shows that almost 45 percent of students in grades 6 to 8 had used alcohol within the previous year. That number rose to 71 percent for grades 9 to 12. The OJJDP recently sent program guidelines to apply for funds to the states. Examples of some of the uses of program funds include the enforcement of state laws that prohibit the sale of alcoholic beverages to minors and the prevention of the purchase and consumption of alcoholic beverages by minors. The funds, however, cannot be used to supplant existing programs and activities. To request further informa- tion on this program, please contact the Juvenile Justice Clearinghouse at 800-638-8736, or access the OJJDP home page Software for Local Surveys at www.ojjdp.ncjrs.org. To meet the needs of local law enforcement agencies, the Bureau of Justice Statistics (BJS) and the office of Community Oriented Policing Services (COPS) developed a Crime Victim- ization Survey software program using a database program developed for personal computers. With this software, locali- ties can conduct their own telephone surveys of residents on crime victimization, attitudes toward policing, and other community-related issues and develop a questionnaire tailored to local interests and needs while maintaining a standard core of National Crime Victimization Survey questions. The software is available at no charge to the criminal justice community. For more information on the software and its availability, please contact BJS at 202-616-3485 or the COPS office at 202-633-1322.

20 / FBI Law Enforcement Bulletin National Street Gang Survey

The 1998 National Street Gang Survey Report supports an ongoing effort by the National Drug Intelligence Center (NDIC) to evaluate the relationship between drugs and gang-related activity and the violent crimes that result when these two factors are present. The 373 law enforcement agencies responding identified more than 13,700 gangs with more than 750,000 gang members. Experts attribute the 56 percent increase in the number of gangs from the 1996 report to several factors: 72 more law enforcement agencies responded to the 1998 survey, more jurisdictions recognized a previously exist- ing gang problem, and more gangs emerged in smaller jurisdictions. Some other key findings include the following: • More than 80 percent of the 1,250 significant gangs identified are involved in drug trafficking. • Gangs’ drugs of choice are marijuana and cocaine. • Gangs have migrated to other cities and to smaller, more rural communities. • Most prevention and suppression programs work and have the most effect when gangs are in their formative stages. To request further information on this report, contact the National Drug Intelligence Center at 814-532-4601, or access the NDIC home page at http://www.usdoj.gov/ndic.

Coache’s Playbook Against Youth Drug Abuse

As part of its continuing effort to combat youth substance abuse, the Justice Department’s Office of Juvenile Justice and Delinquency Prevention (OJJDP) is distributing a new guide to help coaches educate athletes about the dangers and problems associated with drug use. OJJDP, along with the Office of National Drug Control Policy, is distributing the Coach’s Playbook Against Drugs to more than 90,000 coaches who work with more than 7 million boys and girls involved in sports at middle, junior high, and high schools. In addition to describing the harmful effects of drugs on players’ performance, the guide provides suggestions for how coaches can enforce rules, monitor potential trouble, and develop techniques they can use to get an antidrug message across to their players. The guide also has a player’s pledge to keep their team drug free and a list of resources coaches can use to find drug abuse prevention information and learn about Bulletin Reports, a collection of criminal justice training opportunities. studies, reports, and project findings, is compiled by Bunny Morris. Send your material for consideration to: The Coach’s Playbook Against Drugs and FBI Law Enforcement Bulletin, Room 209, Madison information about other OJJDP publications, Building, FBI Academy, Quantico, VA 22135. (NOTE: programs, and conferences is available from The material in this section is intended to be strictly an OJJDP’s Juvenile Justice Clearinghouse at information source and should not be considered an 800-638-8736 or on OJJDP’s home page at endorsement by the FBI for any product or service.) www.ojjdp.ncjrs.org.

July 1999 / 21 © Don Ennis

Placing the Stockholm Syndrome in Perspective By G. DWAYNE FUSELIER, Ph.D.

n an August morning in their captors. Psychologists called hostage taker, and positive feelings 1973, an escaped convict this newly discovered phenomenon reciprocated by the hostage taker Otook four bank employees the Stockholm Syndrome.1 toward the hostage.2 Although a hostage in Stockholm, Sweden. For A coping mechanism also recognized phenomenon, during the 131 hours, the hostages shared a known as the Survival Identifica- last 25 years, the Stockholm Syn- bank vault with another convicted tion Syndrome, the Common Sense drome has been overemphasized, criminal, the former cellmate of the Syndrome, or, simply, transference, overanalyzed, overpsychologized, hostage taker, who had demanded the Stockholm Syndrome usually and overpublicized. Those occa- his release from a nearby peniten- consists of three components that sions where the Stockholm Syn- tiary. Despite their ordeal, after the may occur separately or in combi- drome actually occurs remain ex- incident, the hostages reported that nation with one another: negative ceptions to the rule. In fact, most they had no ill feelings toward the feelings on the part of the hostage hostages do not identify or sym- hostage takers and, further, that toward authorities, positive feelings pathize with the hostage taker, nor they feared the police more than on the part of the hostage toward the do they see the police as their

22 / FBI Law Enforcement Bulletin adversaries. Rather, they realize occur in most crisis negotiation incidents (e.g., the TWA 847 hi- that the hostage taker represents the situations. In fact, Freudian psycho- jacking in 1985, where the hostages problem, and the police, the solu- analysts use the term to describe a were held for 2 weeks, and the Cu- tion. They also understand that, in phenomenon that can develop be- ban uprising at the federal correc- general, the police should not ac- tween psychoanalysts and their pa- tional institution in Talladega, Ala- quiesce to the demands of hostage tients. During a session, the psycho- bama, where the hostages were held takers. Thus, with some notable ex- analyst remains nondirective and for 12 days) revealed that the major- ceptions, during a critical incident, neutral, encouraging the patient to ity of the hostages showed no evi- hostages will behave in a man- talk freely and without interruption. dence of the Stockholm Syndrome. ner that does not put their lives in As a result, patients may transfer Most of the hostages expressed fear jeopardy. the attributes of individuals close to that their captors would kill them According to the FBI’s Hos- them—for example, their fathers or and realized that law enforcement tage/Barricade System (HOBAS), a mothers—to the therapist, or they officers attempted to do everything national database that contains data may transfer their own feelings possible to help them. from over 1,200 reported federal, about or reactions toward signifi- state, and local hostage/barricade cant others to the therapist. The The Relationship Between incidents, 92 percent of the victims therapist recognizes this and uses it the Hostage Taker and the of such incidents reportedly showed to help the patient change maladap- Negotiator no aspect of the Stockholm Syn- tive behavior. Most important, even The belief that a relationship drome.3 When victims who only in psychoanalysis, the therapist forms between the hostage taker showed negative feelings toward does not succumb to the psycho- and the hostage negotiator also rep- law enforcement (usually due to logical phenomenon of transfer- resents a common misconception. frustration with the pace of negotia- ence. The same holds true in the After interviewing numerous flight tions) are included, the percentage relationship between the hostage attendants who had experienced rises to 95 percent. In short, this taker and the hostage; therefore, the a hijacking, FBI researchers con- database provides empirical sup- Stockholm Syndrome rarely occurs. cluded that three factors must be port that the Stockholm Syndrome Interviews with released hos- present for the syndrome to have remains a rare occurrence. tages, specifically in longer-term the potential to develop. First, a Despite such evidence, some crisis negotiators may have lost sight of the fact that full-blown Stockholm Syndrome occurs only in very few victims. As a result, they may continue to perpetuate some common misconceptions. ...the Stockholm “Syndrome does COMMON not appear as MISCONCEPTIONS pervasive as The Relationship Between the negotiators Hostage Taker and the Hostage once thought. Some researchers suggest that the transference that occurs as a part of the Stockholm Syndrome com- monly develops during intense life- ” or-death situations. In doing so, Special Agent Fuselier serves in the they imply that transference will FBI’s Denver, Colorado, field office.

July 1999 / 23 significant length of time must the captors, thus foiling the attack. negotiation has been psychologi- pass.4 Second, the hostages and the The latter belief, which persists de- cally oriented. Because crisis nego- hostage takers must maintain con- spite no supporting empirical evi- tiation represents the attempted ver- tact (i.e., the hostages are not dence, may prove fatal because tac- bal manipulation of the behavior of hooded or isolated in a separate tical teams planning a rescue or others, it seems natural to use the room), and third, the hostage takers assault may erroneously fail to use Stockholm Syndrome to describe must treat the hostages kindly, or at the negotiation team to do every- certain incidents. However, the fact least not physically abuse or ver- thing to make the subject an easy that researchers can name or label a bally threaten them.5 target. phenomenon does not mean they re- When the syndrome did de- What perpetuates so many mis- ally understand it. In recognition of velop, the hostages frequently said conceptions and erroneous be- this problem, the FBI recently that because they were trapped to- liefs about the infamous Stockholm modified the abnormal psychology gether, they shared the same fears Syndrome? First, many find it pro- portion of its basic crisis negotia- and frustrations as the hostage vocative. In the original incident, a tion course to downplay the use of taker. That is, the hostages feared female hostage allegedly had labels. Instead, the FBI’s basic that the police would accidentally course emphasizes active listening kill them in an assault, and they and crisis intervention skills. wanted to get out of the situation. By examining factors necessary for CONCLUSION the potential formation of the syn- ...the Stockholm Law enforcement should con- drome, researchers have concluded Syndrome usually tinue to study the Stockholm Syn- that the syndrome cannot occur drome, while keeping in perspec- with the negotiator. The negotiator consists of three tive the extent and frequency of its is not trapped in the same room with components“ that may occurrence. Although each person’s the hostage taker and does not share occur separately or in reaction to being taken hostage re- the same fears and frustrations. combination with one mains unique, a set of behaviors In 1989, the FBI’s Special Op- another.... may occur with some victims. The erations and Research Unit syndrome can consist of one or (SOARU), the predecessor to the more of the following behaviors: crisis negotiation unit, and the Uni- • One or more hostages may versity of Vermont surveyed over exhibit anger and frustration 600 police agencies, asking, among consensual sex with one of the hos- (negative feelings) toward other questions, “Due to emotional tage takers. Moreover, law enforce- police, believing either that the involvement with the subject, has ment training reviews of actual inci- police are not doing enough to your negotiator ever interfered with dents understandably tend to focus ” end the incident or are prepar- or jeopardized an assault?” Not a on those involving extraordinary ing an assault that may further single agency answered yes. Yet, circumstances. In addition, the ex- endanger the hostages. some researchers still have con- ceptions prove more interesting, cluded that some negotiators may prompting additional discussion. • One or more of the hostages hesitate at the critical moment and Because the exceptions garner so may begin to show sympathy possibly cause the operation to fail. much attention, they seem much (positive feelings) toward their This assumption represents a varia- more prevalent. captors, believing that they are tion of the belief that negotiators Finally, the Stockholm Syn- not such bad people or trying cannot be told about an impending drome remains overemphasized be- to convince themselves that assault because of the chance they cause of its psychological nature. the hostage takers will not may divulge critical information to Historically, law enforcement harm them.

24 / FBI Law Enforcement Bulletin • The hostage takers may reciprocate and show compas- Wanted: sion (positive feelings) toward Photographs one or more of the hostages. Still, the syndrome usually does not develop with hostages. Al- though the duration of the incident remains important, the emotional intensity of the incident and per- ceived powerlessness of the hos- tages prove more important than the simple passage of time. Finally, if the victim receives or witnesses he Bulletin staff is physical or psychological abuse, the T always on the lookout syndrome is extremely unlikely to for dynamic, law enforce- occur. Even if some aspect of the ment-related photos for syndrome has developed, it can and possible publication in the usually will cease if the captors ei- magazine. We are interested ther verbally or physically abuse in photos that visually depict any of the hostages. the many aspects of the law In short, the Stockholm Syn- enforcement profession and drome does not appear as per- illustrate the various tasks vasive as negotiators once thought. law enforcement personnel Although depicted in fiction and perform. film and often referred to by the We can use either black- news media, the phenomenon actu- and-white glossy or color ally occurs rarely. Therefore, crisis prints or slides, although we negotiators should place the prefer prints (5x7 or 8x10). Stockholm Syndrome in proper Appropriate credit will be perspective. given to contributing photog- raphers when their work Endnotes appears in the magazine. We 1 Thomas Strentz, “Law Enforcement Policy suggest that you send dupli- and Ego Defenses of the Hostage,” FBI Law cate, not original, prints as Enforcement Bulletin, April 1979, 1. 2 Frank M. Ochburg, “What Is Happening to we do not accept responsibil- the Hostages in Tehran?” Psychiatric Annals, ity for prints that may be May 1980, 186; and Supra note 1. damaged or lost. Send your 3 HOBAS, March 1998. photographs to: 4 The FBI’s Crisis Negotiation Unit recently concluded that the amount of time that passes Brian Parnell, Art proves less important than other factors, including the emotional intensity of the incident Director, FBI Law and the victims’ feelings of loss of control and Enforcement Bulletin, perceived fear for their lives. FBI Academy, Madison 5 Supra note 1. Building 209, Quantico, VA 22135.

July 1999 / 25 Legal Digest The Motor Vehicle Exception When and Where to Search By LISA A. REGINI, J.D.

© Mark Ide

he motor vehicle exception, conclude that if the facts indicate vehicles. The Supreme Court has first recognized in Carroll a warrant could be obtained to been called upon to address not only T v. United States1 and often search a vehicle, it is not likely that, when law enforcement officers may referred to as the Carroll doctrine, as a matter of federal constitution- engage in this warrantless search has evolved into an expansive al law, a warrant would be legally but also its permissible scope. This search authority that effectively required. article examines the Court’s deci- renders the need to obtain a war- The authority of a police officer sions that establish what is required rant to search a vehicle unneces- to search a vehicle has been the sub- before law enforcement officers can sary. When analyzing the manner ject of numerous Supreme Court engage in a warrantless search of a in which the U.S. Supreme Court decisions. This is not a surprising vehicle under the motor vehicle ex- has interpreted the exception and revelation given the frequency of ception and where in the vehicle its permissible scope, one can police-citizen encounters involving this search authority extends.

26 / FBI Law Enforcement Bulletin JUSTIFYING THE MOTOR case, National Park Service rangers and videotapes (i.e., not viewing VEHICLE EXCEPTION developed probable cause that the the evidence on the scene) did not defendants were engaging in illegal present a problem under the Fourth Lawful Access activity while aboard a houseboat Amendment. and Probable Cause on Lake Powell in Arizona. The With regard to the initial search A lawful search under the mo- rangers boarded the houseboat and of the houseboat, the Court rea- tor vehicle exception requires the searched it for evidence of criminal soned that while the houseboat existence of probable cause to be- activity. While on the houseboat, could function as a house, it also lieve that the vehicle contains evi- the rangers seized several items of functioned as a readily movable ve- dence or contraband and that the evidence, including videotapes and hicle. In addition, a boat is a con- searching officers have lawful ac- film likely containing evidence of veyance that, like the automobile, is cess to the vehicle. As necessarily a criminal activity. Several days later, subject to a significant amount of fact-sensitive inquiry, the probable the rangers viewed the videotape government regulation. The court cause determination is not a topic and had the film processed. In addi- concluded that viewing the video- easily, or usefully, discussed within tion to what was seized previously tapes and film several days after the context of general legal prin- from the boat, the videotape and they were removed from the boat ciples. As illustrated in the follow- photographs also contained in- was reasonable because the items ing cases, the probable cause criminating images. The defendants were likely to contain evidence of needed to justify the warrantless moved to suppress the evidence, ar- the criminal activity.5 search of a vehicle is the same stan- guing that the warrantless search of Courts have applied the vehicle dard required to support the issu- the houseboat violated the Fourth exception to other conveyances ance of a warrant. Amendment and that the delay in such as airplanes6 and roomettes in viewing the videotape and film was trains.7 In applying the motor ve- Defining Motor Vehicle unreasonable. The Court disagreed, hicle exception to these convey- Although the motor vehicle ex- concluding that the houseboat fit ances, courts have considered their ception often has been referred to as within the motor vehicle exception inherent mobility and the lessened the “automobile” exception, this is and that the later viewing of the film expectation of privacy they provide. somewhat of a misnomer because courts have applied this exception in situations involving other types of conveyances. For example, in California v. Carney,2 the Court up- held the warrantless search of a mo- The motor vehicle tor home by DEA agents, conclud- “exception...has evolved ing that while capable of being used into an expansive search as a house, the motor home was authority that effectively more like a vehicle. The Court indi- renders the need to cated that absent clear indications that its character as a vehicle has obtain a warrant to been changed significantly, such as search a vehicle being situated on cement blocks unnecessary. with utility connections, the motor vehicle exception applies.3 In United States v. Albers,4 the Ninth Circuit Court of Appeals held Special Agent Regini is a legal ” instructor at the FBI Academy. that the warrantless search of a houseboat was reasonable. In this

July 1999 / 27 Time Constraints In United States v. Ludwig,11 a search warrant could be secured. Officers and prosecutors alike border patrol agent walked a trained The court concluded that “[i]f po- often are under the mistaken im- narcotics dog through a motel park- lice have probable cause to search a pression that to defend the warrant- ing lot to see if the dog would sniff car, they need not get a search war- less search of a vehicle, the govern- out any contraband. As the agent rant first even if they have time and ment must demonstrate that it was walked through the parking lot, the opportunity.”12 necessary to conduct the search dog alerted to the trunk of the Courts still have been willing to without a warrant because it was defendant’s vehicle, and agents es- apply the motor vehicle exception impracticable to obtain the approval tablished a surveillance on the ve- in instances where the vehicle has of a judge before searching. This hicle. When the defendant ap- been towed and secured in a police confusion can be traced to judicial proached the vehicle, the agents department parking lot, . For ex- opinions that refer to exigent cir- asked him for consent to search. He ample, in United States v. cumstances when addressing the Sinisterra,13 as part of a drug inves- constitutionality of a warrantless tigation, federal agents conducted a search of a vehicle. The phrase surveillance on a van that they be- “exigent circumstances” implies lieved the subject used in his traf- that the officer must articulate that ...the search was ficking activities. The subject left there was no time to secure a war- reasonable even if the van in the parking lot. When rant. However, the view that the there was little or no authorities arrested him, he refused search is only valid if this time ele- risk that the vehicle to give them consent to search the “ van. An agent peered through the ment can be demonstrated is incon- would be driven away sistent with the Supreme Court before a search van window and was able to see treatment of the motor vehicle kilogram-size cellophane-wrapped exception. warrant could be packages. In addition, a trained dog For example, in Pennsylvania secured. alerted to the presence of narcotics. v. LaBron,8 the U.S. Supreme Court Based on these observations, reversed the Pennsylvania Supreme the van was towed to a police de- Court’s conclusion that the U.S. partment parking lot. Agents then Constitution requires that police ob- refused. An agent then took went to an assistant U.S. attorney tain a warrant before searching a the keys, opened the trunk, and dis- (AUSA) in order to begin the war- vehicle unless the police can dem- covered several large bags contain- rant process. The AUSA directed onstrate that they had no time to do ing marijuana. The district court them to search without a warrant ” because the warrant was unneces- so. Satisfied that law enforcement suppressed the evidence, reasoning had time to obtain a search warrant, that the government should have se- sary. During the search, agents dis- the Pennsylvania Supreme Court cured a search warrant because no covered 200 kilograms of cocaine. held that the warrantless search of exigent circumstances existed ne- The defendant moved to suppress the defendant’s vehicle violated the cessitating a warrantless search. On the evidence. Fourth Amendment.9 The U.S. Su- appeal, the Tenth Circuit Court of The district court suppressed preme Court rejected this interpre- Appeals reversed that decision. The the evidence, concluding that the tation of the Fourth Amendment, circuit court reasoned that the dog motor vehicle exception requires concluding that the ready mobility alert established probable cause to not only probable cause but also of the vehicle and its reduced ex- believe contraband was in the trunk exigent circumstances. The district pectation of privacy “excuse failure of the vehicle and that the search court held that the warrantless to obtain a search warrant once was reasonable even if there was search was not justified because the probable cause to conduct the little or no risk that the vehicle agents had time to obtain a warrant. search is clear.”10 would be driven away before a The Fifth Circuit Court of Appeals

28 / FBI Law Enforcement Bulletin reversed that decision. The court held that any prior opinions requir- ing a showing of exigent circum- stances to justify the warrantless search were “inconsistent with more recent Supreme Court juris- prudence.”14 The court reasoned that because the van was readily capable of being used on the high- ways, the motor vehicle exception applied. Of course, a state supreme court is free to interpret a state constitu-

tion more restrictively than the Su- Mark Ide preme Court interprets the U.S. © Constitution, thus requiring officers within that state to demonstrate in- vehicle that had been seized 3 days THE EXCEPTION’S SCOPE sufficient time to obtain a warrant.15 beforehand and stored in a secure Absent the exercise of independent warehouse. The Court concluded Early Guidance Seemed Clear state authority, there is no need to that the search fit within the motor Ever since the motor vehicle demonstrate that a warrant could vehicle exception despite the fact exception was first recognized in not be obtained prior to searching. that it was highly unlikely that the Carroll, Supreme Court decisions vehicle would have been moved, or regarding the exception have con- The Court’s Focus Shifts that the vehicle’s contents would tained language that appeared to Language from early vehicle have been tampered with during the clearly describ its scope. For ex- search decisions contributes to the time required to secure a warrant.18 ample, in United States v. Ross,21 confusion regarding whether a war- In Johns, the Supreme Court stated the Supreme Court stated: rant is required if the officers have the following: The scope of warrantless enough time and opportunity to ob- A vehicle lawfully in police searches based on probable tain one. This language suggests custody may be searched on cause is no narrower—and no that the exception is necessary due the basis of probable cause to broader—than the scope of a to the impracticability of obtaining believe it contains contraband, search authorized by a warrant a warrant “because the vehicle can and there is no requirement of supported by probable cause. be quickly moved out of the locality exigent circumstances to Only the prior approval of a or jurisdiction in which the warrant justify such a warrantless magistrate is waived....[I]f must be sought.”16 However, since search.19 probable cause justifies the these early cases, the Supreme search of a lawfully stopped Court has made it clear that the mo- The rationale shifted from the vehicle, it justifies the search tor vehicle exception applies in inherent mobility of the vehicle dis- of every part of the vehicle and situations even where it is not cussed in the Carroll case to a rec- its contents that may conceal likely that the vehicle would be ognition that there is a reduced ex- the object of the search.22 moved before a warrant could be pectation of privacy associated Despite this apparent clarity, obtained. with vehicles due to their public the scope of the vehicle exception For example, in United States v. nature and the fact that they are has been the subject of confusion Johns,17 the Supreme Court upheld subject to extensive government 20 and has necessitated periodic a warrantless search of a motor regulation. Supreme Court clarification,

July 1999 / 29 including most recently in Wyoming another officer obtained a search “...it is better to adopt one clear-cut v. Houghton.23 warrant for the apartment. During rule to govern automobile searches the surveillance, officers observed and eliminate the warrant require- The Search of the defendant leave the apartment ment for closed containers.”28 The Containers in the Vehicle after a brief stay. The defendant car- Court expressly reversed contrary The uncertainty concerning the ried a brown paper bag close in size holdings that drew “a curious line search’s scope primarily has cen- to one of the marijuana packages between the search of an automo- tered on whether containers and the officers believed was in the bile that coincidentally turns up a other personal belongings found apartment. The defendant placed container and the search of a con- within the vehicle may be opened the bag in the trunk of his vehicle tainer that coincidentally turns up in and searched, especially in situa- and drove away. After letting him an automobile.”29 The simplified tions where the item to be searched rule that evolved from Acevedo belongs to someone who the gov- maintains that containers placed in ernment does not have reason to be- vehicles may be searched without a lieve is involved in criminal activ- warrant even when probable cause ity. Early Supreme Court cases ...probable cause to search focuses solely on those distinguished between a motor ve- containers.30 In other words, the hicle search and the search of a con- to search a scope of the warrantless search is tainer that happened to be placed in vehicle does not no broader or narrower than the a vehicle. For example, in Arkansas justify the body scope if a search warrant had been 24 “ v. Sanders, officers conducted a search of a obtained. warrantless search of a suitcase af- passenger. While Acevedo offered favor- ter developing probable cause that it able guidance to law enforcement contained marijuana. They con- officers concerning the container is- ducted the search after the suitcase sue, uncertainty still existed regard- was retrieved from the trunk of a ing whether the scope would extend taxicab. The Supreme Court held get a short distance from the apart- to containers and other personal that the search was unlawful be- ment, officers stopped him and items belonging to individuals not cause the focus of the officer’s opened the vehicle’s trunk. The of- believed to be involved in the crimi- probable cause centered on the suit- ficers found marijuana inside” the nal activity. Until recently, this is- case rather than the vehicle, there- brown paper bag. sue remained unclear. In previous fore the motor vehicle exception did The California Supreme Court cases involving searches of con- 25 not apply. As a result of this dis- suppressed the contraband, con- tainers in vehicles, the containers tinction, officers have two options. cluding that while the seizure of the always belonged to individuals who If probable cause centers on evi- vehicle was reasonable, the search the officers had probable cause to dence in the vehicle, the vehicle ex- of the paper bag required a warrant. believe were involved in criminal ception applies. If probable cause The U.S. Supreme Court agreed to activity. In Wyoming v. Houghton,31 centers on evidence in a container in hear the case in order to “reexamine the Supreme Court had an opportu- the vehicle, the vehicle exception the law applicable to a closed con- nity to address whether the scope of does not apply. tainer in an automobile, a subject the motor vehicle exception extends The Supreme Court recognized that has troubled courts and law en- to the personal belongings of inno- the confusion that the container dis- forcement officers since it was first cent passengers. tinction created and addressed this considered.”27 The Supreme Court In Houghton, Sandra Houghton 26 problem in California v. Acevedo. upheld the warrantless search of the was a passenger in a vehicle In Acevedo, officers conducted a bag even though the probable cause stopped by a Wyoming Highway surveillance on an apartment for the search was limited to the bag Patrol officer. During the stop, the known to contain marijuana while itself. The Court concluded that officer noticed a hypodermic sy-

30 / FBI Law Enforcement Bulletin ringe in the driver’s shirt pocket. that are capable of concealing the the scales weighed heavily in favor The officer asked the driver why he object of the search. The Court re- of permitting the government to had the syringe and “with refresh- jected the notion that a “passenger’s search passengers’ belongings. ing candor,”32 he replied that he property” rule is required by the The Court distinguished the used it to take drugs. When Fourth Amendment. Requiring an search in Houghton from cases Houghton was asked her name, she officer to believe that the passenger addressing searches of persons on gave a false answer and de- which the Wyoming Su- nied having any identifica- preme Court relied. The tion. The passengers were re- Court noted that the search of moved from the vehicle and a person’s body implicates officers began searching it for far greater privacy interests. contraband. One officer lo- The Houghton case, how- cated Houghton’s purse and ever, involved the search of a retrieved her wallet and some container. The Supreme identification. Continuing to Court concluded that the rule search her purse, the officer announced in Houghton is then retrieved a syringe con- not inconsistent with its ear- taining methamphetamine lier decision in United States and related drug paraphen- v. Di Re,36 holding that prob- alia. She was arrested and able cause to search a vehicle subsequently convicted for does not justify the body the possession of a controlled search of a passenger. substance. The Wyoming Supreme CONCLUSION Court reversed her convic- The authority of the tion.33 The court reasoned that government to search a ve- while probable cause existed to and driver were involved in a com- hicle simply based on probable search the motor vehicle for contra- mon criminal enterprise or to have cause to believe it contains evi- band, thus permitting the police to reason to believe that the driver dence is unique among other rules open and examine containers that concealed evidence in the created by the Supreme Court in might have concealed the object of passenger’s belongings “would dra- Fourth Amendment jurisprudence. the search, limits still existed on matically reduce the ability to find This authority is quite expansive, what containers could be searched. and seize contraband and evidence allowing the government to search The Court concluded that once the of crime.”35 for an object anywhere within a officers knew or reasonably should The Court reasoned that a pas- vehicle, including containers and have known that a container was senger, like a driver, already has a other personal belongings, even a the personal effect of a passen- lesser expectation of privacy in the those of individuals not believed ger not suspected of criminal ac- vehicle. On the other hand, the in- to be involved in the criminal tivity, then that container is outside terests of the government in investi- activity. Of course, officers should the scope of the motor vehicle gating criminal activity and uncov- be aware of relevant state law exception.34 ering evidence of that activity are because some state courts may The U.S. Supreme Court re- significant. When applying tradi- have imposed more restrictive re- versed the Wyoming court and held tional Fourth Amendment analysis quirements on police motor vehicle that when probable cause exists to and weighing the interests of the searches by interpreting their state search a vehicle, that search may passenger versus those of the gov- constitutions in a more restrictive extend to passengers’ belongings ernment, the Court determined that manner.

July 1999 / 31 Endnotes F.2d 1245 (10th Cir. 1991), cert. denied, 112 S. 25 See also United States v. Chadwick, 433 Ct. 1981 (1992)). U.S. 1 (1977). 1 267 U.S. 132 (1925). 13 77 F.3d 101 (5th Cir. 1996). 26 500 U.S. 566 (1991). 2 471 U.S. 386 (1985). 14 Id. at 104, (citing California v. Carney, 27 Id. at 568-569. 3 See also United States v. Hamilton, 792 471 U.S. 386 (1985)). 28 Id. at 580. F.2d 837 (9th Cir. 1986); United States v. 15 For example, in Perry v. State, 821 P.2d 29 Id. Markham, 844 F.2d 366 (6th Cir.), cert. denied, 1273 (Wyo. 1991), the Wyoming Supreme 30 See also United States v. Cleveland, 106 488 U.S. 843 (1988). Court held that the Wyoming Constitution F.3d 1056 (1st Cir. 1997) (duffel bag 4 136 F.3d 670 (9th Cir. 1998). See also permits warrantless searches of vehicles only containing controlled substance could be United States v. Hill, 855 F.2d 664 (10th Cir. where the government can demonstrate that searched under the motor vehicle exception). 1988). obtaining a search warrant was impracticable. 31 119 S. Ct. 1297 (1999). 5 Albers at 672. 16 Carroll v. United States, 267 U.S. 132 32 Id. 6 United States v. Montgomery, 620 F.2d (1925). See also Brinegar v. United States, 338 33 956 P.2d 363 (1998). 753 (10th Cir. 1980); United States v. Brennan, U.S. 160 (1949). 34 Id. at 370. 538 F.2d 711 (5th Cir.), cert. denied, 429 U.S. 17 469 U.S. 478 (1985). 35 119 S. Ct. 1297 (1999). 1092 (1976). 18 Id. See also Michigan v. Thomas, 458 36 332 U.S. 581 (1948). 7 United States v. Whitehead, 849 F.2d 849 U.S. 259 (1982). (4th Cir. 1988); United States v. Tartaglia, 864 19 Johns at 484. Law enforcement officers of other than federal jurisdiction who are interested in F.2d 837 (D.C. Cir. 1989). 20 See also Chambers v. Maroney, 399 U.S. 8 this article should consult their legal 116 S. Ct. 2485 (1996). 42 (1970). 9 advisors. Some police procedures ruled 669 A.2d 917 (Pa. 1995). 21 456 U.S. 798, 823 (1982). permissible under federal constitutional law 10 LaBron at 2487. 22 Id. at 823-825. are of questionable legality under state law 11 10 F.3d 1523 (10th Cir. 1993). 23 119 S. Ct. 1297 (1999). or are not permitted at all. 12 Ludwig at 1528 (citing U.S. v. Crabb, 952 24 442 U.S. 753 (1979).

While on bike patrol, Officer Shannon Santucci of the University of Pitts- burgh, Pennsylvania, Police Department responded to a call regarding an apartment fire with possible occupants trapped inside. Officer Santucci and two other officers arrived at the scene. Officer Santucci went to the rear of the building and saw a woman at a second-floor window and heard her screaming for help. Heavy smoke bellowed from that window and other windows and doors of the residence. Officer Santucci secured a ladder from a nearby con- struction crew and carried it to the site. She placed the ladder against the burn- ing building, climbed up to the window, and Officer Santucci pulled the woman to Nominations for the Bulletin Notes should be based safety. With assistance on either the rescue of one or more citizens or arrest(s) made at unusual risk to an officer’s safety. from the two other officers, Officer Santucci Submissions should include a short write-up helped the victim climb down the ladder and (maximum of 250 words), a separate photograph of brought her to the front of the house where each nominee, and a letter from the department’s ranking officer endorsing the nomination. Submis- responding medical personnel were located. sions should be sent to the Editor, FBI Law Enforce- Officer Santucci displayed great courage and ment Bulletin, FBI Academy, Madison Building, initiative in saving the woman’s life. Room 209, Quantico, VA 22135.

32 / FBI Law Enforcement Bulletin The Bulletin Notes

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

During the early evening, Officer J.F. Webb of the Tarboro, North Carolina, Police Depart- ment was conducting a driver’s license checkpoint when a vehicle stopped about 50 yards away. As the driver exited the car and began walking away from the area, Officer Webb called to the driver to stop. The driver began Officer Webb Officer Browning Corporal Cannon running, and Officer Webb pursued him on foot. The foot chase led to a nearby bridge where the driver jumped onto the guardrail and then into the river. Officer Webb observed the man struggling in the water and immediately ran down the bridge embankment. He dove into the river and swam to the middle to reach the man. Officer Webb pulled him to safety and with the help of Officer M.A. Browning and Corporal K.D. Cannon got the man to shore. Officer Browning and Corporal Cannon administered life-saving assistance until medical rescue units arrived. Unfortunately, the man died 10 days later, but the brave and unselfish actions of the officers demon- strated the highest degree of law enforcement professionalism.

Clinton, Missouri, Police Department Sergeant Kevin Miller and other officers responded to a domestic disturbance call. Upon arriving at the resi- dence, the officers heard cries for help coming from inside. After entering the house, the officers found a distraught man holding a gun to his ex-wife’s head. The man advised Sergeant Miller that he was going to kill her and then the officers. At this point, Sergeant Miller observed the woman’s boyfriend lying on a nearby bed with a fatal gunshot wound to the head . Sergeant Miller convinced the man to release his ex-wife and allow her to leave. However, the man then placed the gun to his head and threatened to kill himself. When the man de- manded to speak to his ex-wife, Sergeant Miller offered to let him use a police Sergeant Miller radio. As he reached for the radio, Sergeant Miller disarmed him, and assisted by other officers, arrested him. Sergeant Miller’s courageous actions safely solved a dangerous situa- tion without further loss of life. U.S. Department of Justice Periodical Federal Bureau of Investigation Postage and Fees Paid Federal Bureau of Investigation 935 Pennsylvania Avenue, N.W. ISSN 0014-5688 Washington, DC 20535-0001

Official Business Penalty for Private Use $300

Patch Call

The patch of the Delaware State Police depicts The Idaho State Police is the uniform division of the state seal, which illustrates the area’s heritage of the Idaho Department of Law Enforcement. Its patch farming and shipping. In the middle, a farmer and a features the state’s silhouette in silver resting on a rifleman flank the state’s coat of arms. Liberty and dark background. Adopted in 1979, the patch’s color independence, the state’s motto, highlights the state’s and design blend with the agency’s dark uniforms and historical significance as the first state admitted to the black and white, striped patrol vehicles. union.