September 1991 l%IDJ Volume 60 Law Enforcement Bulletin Number 9

Features

Focus on Foreign Counterintelligence 5 Corruption: A Continuing Counterintelligence Challenges Challenge for Law Enforcement 1 in a Changing World By Otis E. Cooksey By William S. Sessions 22 The Kentucky State Police 10 Foreign Counterintelligence: Drug Testing Policy An FBI Priority By W. Michael Troop and Jerry Lovitt By James E. Tomlinson 28 Custodial Interrogation Espionage Awareness Programs By Kimberly A. Crawford 17 By Freddie L. Capps, Jr.

Departments

9 Bulletin Reports 20 Point of View By David A. King 14 Police Practices By D.R. Staton and 26 Book Reviews Larry Edwards

United States Department of Justice Editor-5tephen D. Gladis, D.A.Ed. Federal Bureau of Investigation Managing Editor-Kathryn E. Sulewski WaShington, DC 20535 Art Director-John E. Ott AssistantEditors-Alice S. Cole William S. Sessions, Director Karen F. McCarron Production Manager-Andrew DiRosa Contributors' opinions and statements StaffAsslstanf-Carolyn F. Thompson should not be considered as an endorsementfor any policy, program, or The FBI LawEnforcement Bulletin service by the FBI. (ISSN-0014-5688) is published monthly by the Federal Bureau of Investigation, 10th and The Attorney General has determined that Pennsylvania Avenue, N.W ., Washington, the publication of this periodical is necessary D.C. 20535. Second-Class postage paid at The Cover: This issue focuses on a unified in the transaction of the public business Washington, D.C., and additional mailing approach to foreign counterintelligence, required by law of the Department of Justice. offices. Postmaster: Send address changes highlighting the importance of Federal, State, Use of funds for printing this periodical has to FBI LawEnforcement Bulletin, Federal and local cooperation in confronting new FCI been approved by the Director of the Office Bureau of Investigation, Washington, D.C. challenges. of Management and Budget. 20535

ISSN 0014-5688 USPS 383-310 n recent years, the world witnessed some truly fore, the need for an active, aggres ive counterintel• amazing events- the fall of the Berlin Wall and ligence response has abated. Unfortunately, this is far I the reunification ofEast and West Germany, the from true. beginnings of democratic governments aero s Ea t• There can be no doubt that important changes ern Europe, and the easing of political tensions be• are taking place in the world today. However, im• tween the United States and the Soviet Union. As a proved diplomatic relations do not necessarily de• result, the current perception of most Americans is crease the foreign intelligence threat to U.S. national that foreign intelligence activity directed against the security. The truth remains: That threat still exists, as United States and the West is decrea ing, and there• it did in the past and as it will in the future. Third, pro ecuting spies was A heightened found to be an effective tool to deter• " awareness by all mi ne the ex ten t ofthe damage caused to national securi ty. U nfortunatel y, Americans is the most some of the espionage cases of the effective weapon 1980s resulted in grave damage to available to... meet the U.S. national security interests. But, counterintelligence without the prosecutions that fol• challenges of today lowed, an accurate accounting of and those of the years what was lost would not have been possible, and appropriate steps to to come. min imize the damage wou Id not ha ve been taken. Fortunately, in 45 per• FBI Director Sessions cent of the espionage case during " the 1980s, the work the U.S. counter• intelligence community uncovered either prevented the e pionage ac• Decade of the 1980s ]n addition to the importance tivity or significantly limited the The last decade ofthe cold war, ofpublic awareness, the 1980s taught damages. us several other important les ons. the 1980 , was designated by the The Changing World media as "The Decade of the Spy." First, the American public received It was a time when Americans knew a rude awakening regarding the vul• [n the 1990s, with theeasingof who theirenemies were-atime when nerability of the U.S. national secu• ten ion between superpowers and President Ronald Reagan referred to rity community from spies within its military blocs, it is no longer pos• the Soviet Union as "The Evil own ranks. For example, both John sible to identify the U.S. counterin• Empire." The American public Walker and Jerry Whitworth served telligence mission in term of these showed strong support of counterin• in the U.S. avy; Karel Koecher, relation hip alone-the world has telligence efforts and participated in Larry Chin, and Edward Howard all become much too complex for that. the process by reporting uspicious worked for the Central Intelligence America ha ' negotiated hi toric arms events. Agency (CIA); Ronald Pelton was a reduction treaties with the Soviets. During the 1980 , more than National Security Agency employee; The Soviets have introduced their 45 people were arrested for e pio• Richard Miller wa an FBI Special programs of Glasnost, opennes. to nage. Increased human and techni• Agent. the We t, and Perestroika, internal cal resources, enhanced analytical Second, many of the dangers economic and political restructur• and training programs, and improved were posed by volunteers. That is, ing. And, the world has witnessed coordination within the U.S. intelli• many of those arrested during the the nations of Eastern Europe revolt gence community and with friendly 1980s, including Walker, simply against their former Communist foreign intelligence services contrib• offered to spy on their country. And leaders in favor of new freedom and uted significantly to these arre t . they offered to py not because they economic diver ity, and in some However, much of the success in had ideological difference with the ca es, more democratic forms of counterintelligence efforts came as a U.S. Governmentor ideological ym• government. result of a heightened public aware• pathy with a foreign government, as Whi Ie all Americans can agree ness of the full damage caused by was the case during World War II that the world has changed, and most espionage, as well as the public' and the fir t decade ofthe Cold War. see that change as positive in terms support of the measures designed to They spied for the basest of rea• of an enhanced prospect for world protect America' vital information. on -money. peace, the public tends to view this

L new world order to be devoid of would require numerous verifica• of Glasnost. This, in turn, may have danger. So, the logic goes, that if tion sites, again expanding Soviet far-reaching implications involving there i no longer a threat to U.S. access. the Soviet military and its intelli• national security, then counterintel• But, the Soviets are interested gence services, U.S. national secu• ligence measures are not needed. in more than American military rity, and the emerging "new world But, the reality is that arm secrets. The Soviet economy is in order." reduction treaties between the United desperate shape and can be revi• All in all, while the nature of State and the Soviet Union give talized with Western technology, the Soviet intelligence threat may be Soviet "inspectors" potential access capital, and experti e. Tn order to changing, its objectives and actions to some of this country's most sensi• strengthen that economy, the chair• are not. The Soviet intelligence serv• tive projects. Glasnost has dramati• man of the KGB has publicly stated ices are more active now than they cally expanded the number of ex• that it plans to a sist Soviet busi• have been at any time in the past 10 changes between the United States nesses because, as he says, "They years, and there is every reason to and the Soviet Union in such areas a are not good businessmen." The So• believe that they will continue their business, science, and education. In viets have systematically expanded pursuit of Western intelligence dur• fact, since Glasnost, the number of their intelligence collection beyond ing the 1990s. Soviets traveling to the United States military intelligence targets and now The threat ofEastern European increased almost400 percent; in 1990 routinely include Western economic countries to the United States cannot alone, more than 100,000 Soviets information and technologie . be fully as essed because they them• visited the United States. Past expe• Since the Soviets can no longer elves have not yet fully defined the rience shows that these exchange rely on their former surrogate intel• nature and scope oftheir intell igence groups often contain intelligence ligence services in the Eastern Bloc services. Some of these countries officers. Furthermore, the countries to coll ect intelligence for them, they are no longer collecting intelligence of Eastern Europe, while attempting must find other sources of intelli• on behalf of the Soviet Union; to move away from the Sovietsphere gence and develop new surrogate however, they will, in all likelihood, of influence, are now fighting for their own economic survival-and they, too, have a need for Western technology. . . .improved diplomatic relations do not Current Intelligence Threats "necessarily decrease the foreign intelligence AnTIS control treaties between threat to U.S. national security. the Soviet Union and the United States will hopefully lead to a dimin• ished threat level between the na• tions. However, from acounterintel• ligence perspective, these treaties services. The Soviets have started refocus their collection activities in will give the Soviet intelligence using the intelligence services of the United States to fulfill their" own services routine access to sensitive other countries to obtain Stealth tech• requirements. Since, as with the area and to knowledgeable Ameri• nology and acquire restricted com• Soviets, the current major focus of cans who are linked to classified puter technologies for them elves. these nations is economic reorgani• information which, until now, was Recent repression by the So• zation and growth, they also have a attainable only on a very limited viet government of dissent in the real need for Western technology. basis. Other treaties presently being Baltic Republics may very well sig• What about the People's Re• negotiated, concerning strategic arm nal a new shift in Soviet internal public of China (PRC)? The PRC reduction and chemical weapon , policy away from the liberalization has the largest foreign official pres•

------September1991/3 ence in the United States- 2,700 lection activities in the United States, tivities, and expelling, arresting, or diplomats and commercial officials, both overtly and clandestinely. E • prosecuting those responsible. 43,000 scholar , 25,000 commercial sentially, American need to be con• However, the FBI cannot meet delegates visiting the United States cerned about nontraditional intelli• its counteri ntell igence mi ssion alone. annually, and 20,000 emigres com• gence threats to this country as well. Coordination of counterintelligence ing to America each year. The PRC With this point in mind, the in• operations with other members of remains a major counterintelligence telligence activitie of countries in the intelligence community, and fre• threat to the United State. . Their the Middle East and Central Asia are quentlyjoint operations, is critical to intelligence service target well• becoming more significant. For ex• the Bureau's success, along with the educated Chine e-American scien• ample, the Iraqi intelligence service upport of the Executive and Legis• tists and other professionals who was very active in the United States lative Branche of the Federal Gov• have access to useful information during the 1980s, and in light of the ernment, the law enforcement com• and technology using the approach: recent war in the Persian Gulf, its ac• munity, and the American publ ic. " Plea e help China modernize." tivities are likely to continue. While the FBI has the respon• While the Soviet Union, the sibility to make the public more aware former Eastern Bloc countrie , and Counterintelligence of the hostile intelligence threat, it the People' Republic of China are Responsibilities relie heavily on information from all traditional intelligence threats, The FBI is charged with counter• the public to fulfill its counterintelli• U.S. counterintelligence effort can ing the ho tile activities of foreign gence mi ion. Because many Amer• no longer focu exclusively on these intelligence ervices in the United icans no longer perceive the Soviet countrie . Tn this information age, States by identifying and neutraliz• Union and other Eastern European any number ofcountries can attempt ing these activities. It does thi by countrie as a threat to U.S. security, to establish the infrastructure re• penetrating the e services, disrupt• the FBI must comprehen ively ex• quired to carry out intelligence col• ing or publicizing their illegal ac- pose the full cope of this threat to American institutions, facilities, and citizen . The purpose behind thi is to protect national security, not to INTELLIGENCE TARGETS discourage improved relation and trade between the United States and • ECONOMIC the rest of the world. Brokers • Bankers • Finance Conclusion The world is in a constant state • TECHNOLOGY of flux . What is true today may not Busines • Institutes • Universities • Laboratories be true tomorrow. For this reason, it is critical to identify the exact nature • AGRICULTURE of any hostile intelligence threat to Commodity Bankers • Co-ops • Forecasters national ecurity and to counter that threat. A heightened awareness by all • ENERGY Americans is the most effective Oil • Gas • Coal • Nuclear • Solar • New Sources weapon available to accomplish this task. By working together, citizens • NATIONALflNTERNATIONAL AGREEMENTS and law enforcement agencies can Sales and Trade • Exchanges • Cartels successfully meet the counterintelli• gence challenges of today and those of the year to come. m

4 / FBI Law Enforcement Bulletin ---______l to the organization, and they must Corruption work to reduce its damaging effects. ACKNOWLEDGING THE A Continuing Challenge for PROBLEM Law Enforcement The key to any effort aimed at preventing corruption in a law en• forcement agency is acknowledging that corruption, or the potential for corruption, exists. Given the current environment wherein drug dealers regularly tran act business while carrying more cash than an officer make in a year, law enforcement managers can no longer ignore the issue of corruption. For the most part, managers use three general approaches when failing to deal with corruption. First, managers attempt the "ostrich" ap• proach, denying the existence of a problem. As a re ultofthis approach, when the manager is faced with an allegation of corruption, there is no By effective mechanism in place to OTI S E. COOKSEY deal with the problem. Thi may force the manager into courses of action directed by those outside the II too frequently, the pub• lost to corruption. The lure of fast department. lic' s confidence in law en• money a sociated with the drug trade Second, manager try to deal A forcement is shaken by re• and other temptations are creating with corruption by taking a "polly• ports of officers falling victim to new and potentially devastating prob• anna" approach. Here, the manager corruption. While no profe sion is lems for police departments and law acknowledges that corruption exists untouched by corruption, its effect enforcement managers across the in the organization, but downplays on law enforcement is especially country. its impact. Again, in a situation where damaging. As guardians of law and While there is no proven ap• the manager fails to respond effec• order in a free society, law enforce• proach to eliminate all corruption, tively to an incident, the course of ment officers must maintain a con• there is an emerging understanding action may be directed from out ide sistently high standard of integrity. that an effective strategy must begin the agency. Combating cri me clai ms many with recruitment and continue into The third, and potentially most victims from the ranks of law en• training. In addition, a procedure damaging, approach occurs when a forcement. Ascriminals become more should be instituted to investigate managerresponds to corruption with violent, increasing numbers of offi• charge of police misconduct within a "cover-up." Here, the manager not cers are being killed or injured in an agency. To combat cOITuption only acknowledges corruption in the the line of duty. But increasing successfully, police managers must organization but also take overt numbers of officers are also being acknowledge that it is a serious threat action to cover it up. This tactic

------September1991/5 violates the special trust and confi• one policy will meet the need of aJI faced with complex situations mu t dence society places in law enforce• law enforcement agencies, any ef• then try to decide on which side of ment and establishes a climate in the fective policy should cover recruit• the line an act falls. At the same time, agency for corruption to flourish. ment, training, and investigation. I officer serving under this policy Fortunately, the law enforce• Before an effecti ve strategy can can rationalize their actions, and given ment manager can overcome the be established, however, the man• a healthy imagination, one can ra• shortfalls of these approaches by ager must decide on a suitable defi• tionalize almost any action. taking a more-realistic approach to nition of corruption. Arthur Nieder• The alternative to defining corruption. To respond effectively hoffer define corruption to include specific corrupt acts is the approach to con'uption, the manager must ac• activities ranging from the accept• adopted by the International Asso• knowledge the devastating impact ance of a free cup of coffee to the ciation of Chiefs of Police (IACP), it can have on an agency. A manager actual commis ion ofcriminaJ acts. 2 which establi hed a definition of with a realistic appreciation of the But, including acts on such a wide corruption by using the intended potential effects of corruption i in continuum creates a potential prob• results of an action, not by the spe• a position to develop a strategy to lem for the manager. The dilemma is cific acts.3 The IACP define corrup• deal with corruption internally. whether to include this whole range tion as acts involving the misuse of This will enable the department to of activities in the policy or to draw authority by a police officer in a minimize the damaging effect of a line on the continuum to mark manner designed to produce either the corruption. when seemingly innocent acts be• personal gain or gain for others. come corrupt. This approach simplifies the man• ESTABLISHING A POLICY The problem for those manag• ager' role in identifying corrupt Once the manager is commit• ers who attempt to "draw the line" or actions and provides officers with a ted to preventing corruption, the next separate degrees of corruption will simple way of determining where step is developing a policy before a be the tendency toward interpreta• their actions fall in relation to agency crisis situation develops. While no tion and rationalization. Managers policy. The Model for Management• Corruption Prevention, prepared by the IACP, is an effective tool to aid the law enforcement manager in preparing a corruption prevention policy. This model policy covers the key aspects of a corruption preven• "The key to any effort tion strategy-recruitment, training, aimed atpreventing and investigation. This model can corruption...is also be tailored to the specific needs acknowledging that of departments, regardless of size. corruption, or the PREVENTION STRATEGY potential for corruption, Recruitment exists. As Edwin J. Delattre notes in his book, Characferand Cops, people do not just happen to wear badges. They wear badges because police Major Cooksey is a Military Police Advisor for the U. S. Army managers recruit and hire them.4 It is Readiness Group, Fort Sam Houston, Texas. " only commonsense, then, that a comprehensive corruption preven• tion policy address recruitment. No

6 / FBI Law Enforcement Bulletin ______agency knowingly hires people who recruiting to its own and realistic manner is an effective will commit corrupt acts in the fu- jurisdiction, deterrent to corruption for two rea- ture. Yet, many departments suffer sons. First, training publicizes agency the devastating effects of cor­rup- • The department should policy. A policy that is merely writ- have trained personnel tion. The Los Angeles County Sher- ten but not di seminated widely and conduct a written background iff' s Department di scharges approx i- regularly is likely to be ineffective. investigation of every mately 20 officers a year, primarily Second, training allows officers the eligible candidate. In some a a result of misconduct.5 opportunity to interact and request There are, of course, many reasons why police agencies should screen recruits and eliminate those who may become corrupt. One im- portant factor is money. For all agen- Training provides the best and most cies, training is an expensive re- " powerful tool for making a corruption source that cannot be wasted. If an prevention strategy work. officer completes training and then commits corrupt acts, the depart- ment face a potentially more com- plex and more serious problem, mainly because rehabilitation and cases, the polygraph may be clarification of standards ofconduct " disciplinary actions are more diffi- used as an investigative tool, in terms of pecific actions com- cult and expensive the longer an monly encountered in police work. individual is employed.6 Law en- • The department should have In most agencie today, train- trained per onnel conduct an forcement managers should be alert ing is separated into two catego- oral interview of each for signs indicating trouble during ries­recruit and in service. Cor- candidate, and also test the the recruitment, initial training, and ruption prevention indoctrination candidate' general health, probationary periods. logically begins during recruit train- physical fitness and agility, An additional concern for ing and should be integrated into as emotional tability, and departments in the coming years is many subject areas as possible by psychological fitness, the declining number of qualified the academy instructors. This ap- recruit applicants. Reasons for thi • The department should proach is effective for two reasons. include low pay and the deteriorated require all candidate to First, this will incorporate corrup- image of law enforcement. Other complete at least a 6­month tion prevention standards into the factor include the increased de- probationary period and enforcement of law and regula- mand for police officers nation- entry­level training.8 tions. Second, the in structors, usu- wide and a declining trend in the ally veteran police officers, have While thi model may not be suit- population of 18 to 25 year old .7 built a rapport and have the respect able for every agency, the principles A model that may assist re- of the students. They, along with the de cribed provide a guide for man- cruitment managers i the Standards chaplain, can e tablish a solid foun- agers to include recruitment as part Manual of the Law Enforcement dation for the new officers to resist of an anticorruption strategy. Agency Accreditation Program. This corruption. model stresses the following guide- Training The second pha e of the train- lines: ing process is the in service training Training provides the best and • The department hould most powerful tool for making a that officer receive during their careers. In ervice training provides advertise broadly for corruption prevention strategy work. candidates and not restrict Training conducted in an integrated a department with a mechanism to

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ September1991 / 7 reinforce the tandards of corrup• with the expected standards of the small department is to pool re• tion prevention. conduct. sources with other local agencies as Law enforcement managers situations require. have several option when plan• Investigation After the unit is staffed, the ning inservice training. Many col• The last, and possibly most manager must decide where to place leges and universities have courses difficu lt, phase of a corruption the internal affairs unit in the organi• in ociology, psychology, religion, prevention strategy to implement zation. Ideally, the unit wi 11 report and management that wi ll reinforce i the investigation of police mis• directly to the chief or ranking officer and supplement corruption preven• conduct. However, an effective in• of the agency. The manager should tion strategies. In addition, expert vestigation policy must be estab• provide clear, comprehensive direc• consultants can be contracted to lished or the other elements of the tivesoutlining the procedures for deal• develop corruption prevention train• ing with complaints coming from both ing programs. inside and outside the agency. Although academicall y engag• The manager should also ensure ing and easy to institute, neither of that the unit investigates all complaints these approaches may be as effec• Corruption can quickly and impartially. The internal tive and complete as a program de• "destroy the special affairs unit does not determine guilt veloped within the agency. The Los bond oftrust or innocence; it merely gathers facts Angeles Sheriff's Department is an between law concerning the complaint that should example ofan agency that decided to enforcement and the be well-documented. This documen• create its own training program to tation will ultimately benefit both the combat corruption. public. officer involved and the public, in the Using its own personnel and case of an external complaint. based on an as essment of the prob• The establishment of an effec• lem, the sheriffs department de• strategy lose their effectiveness." tive internal affairs unit reinforces signed a program that covered the Through objective investigation of proper police conduct, a well as following: all possible incidents involving ensures the public of effective and • Discussions of different misconduct, a police agency can honest police service. The existence ethical dilemmas, preceded foster a sense of confidence and of an internal affairs unit in the agen• by a review of several credibility with the public. cy structure tells the public and po• problem situations, Most agencies approach the lice officers that the department is investigation process by forming willing to "police the police" and • Issues of concern, an over• an internal affairs unit. To assist in supports the overall corruption pre• view of misconduct case 111 this endeavor, the IACP developed vention strategy. the department, a model that can be used by police departments.9 This model covers CONCLUSION • Standards for decision• the various issues that should be Corruption can destroy the making, considered when forming this spe• special bond of trust between law • Rationalization, and cial unit. enforcement and the public. Citizens The first task for the manager in a free society expect law enforce• • Situational planning is staffing. In large departments, ment officers to perform their duties One of the strengths of this several full-time officers may with a high standard of integrity. program is that it all ows open work solely in the internal affairs When corruption occurs, not only is discussion of problem areas and unit. In small departments, the the bond between police and public standards of performance re• unit may consist of one officer, strained, but citizen cooperation, on quired by the agency. It integrates operating on an as-needed basis. which law enforcement depends, can real-life law enforcement issues Another viable alternative for be jeopardized.

8/ FBI Law Enforcement Bulletin ______The Bulletin Reports

In order to combat corruption effectively, law enforcement man• agers must first acknowledge the Victim Information potential for corruption and appre• The National Victims Resource Center (NVRC) provides victim• ciate the devastating effects it can related information to criminal justice practitioner , policymakers, re• have on their agencies. The key ele• searchers, and crime victims. It collects, maintains, and disseminates ments of a corruption prevention information about national, State, and local victim-related organizations strategy should integrate agency and about State programs that receive funds authorized by the Victims of policy into recruitment, training, and Crime Act (YOCA). The cun-ent listing of resources includes bulletins thorough investigation ofall alleged and pecial reports, directories, and crime file videotapes and study corruption. guide. Each entry provides the title, order number, and cost, if While corruption has always applicable. been a factor in law enforcement, the To obtain information on the resources available, contact the need for effective corruption pre• National Victims Resource CenterlNCJRS, Dept. AIF, P.O. Box 6000, vention strategies has never been Rockville, MD 20850, 1-800-627-6872. In Maryland and the metropoli• stronger. Today' s officer face more tan Washington, DC, area, the number is 1-301-251-5525 or 5519. violent criminals and more potential temptations. Law enforcement must present a unified front against an in• creasi ngl y sophisticated cri m i nal ele• ment. It is important that managers provide today' s officers with proper Hate Crime Data corruption prevention skills. The FBI's Uniform Crime Reports (VCR) Section has published two bulletins to a sist law enforcement agencie in the collection of hate m crime data. One bulletin, entitled "Hate Crime Data Collection Guide• Footnotes lines," covers such topics as developing a collection approach, bias 1 John D. Gl over, "Maint ain ing Police motivation, and objective evidence concerning the motivation of the Integrity: Federal Po li ce of the United tates," Police St//dies, Spring 1986, p. 24 . cnme. It also offers cautions to be exercised by law enforcement , Sanford H. Kadish, "Corruption." agencies and definitions that have been adopted for use in hate crime En cyclopedia 0/ Crime and Ju stice, 1983, p.1161. reporting. In addition, this bulletin gives examples of reported hate J International A s ~ o ciati o n of Chiefs of crime incidents and procedures to be followed when ubmitting hate Police, "Models for Management- Corruption Prevention," Police Chief, May 1989. p. 60. crime data to VCR. , Edwin J. Delattre. Character and Cops The other bulletin is entitled "Training Guide for Hate Crime Data (Washington, D.C.: American Enterprise In stitute for Public Policy Research, 1989), Collection." It includes three learning modules for use in instructing law p. 117. enforcement personnel on hate crime matters. , Duane T. Prei msberger and Sherman Block, "Values, Standards and Int egrit y in Law Copies ofboth bulletins can be obtained frol11 the Uniform Crime Enforcement: An Emphasis of Job Survi val ," Reports Section, Federal Bureau of Investigation, Washington, DC Joumal o/ Cali/omia Law En/orcelll ellt. January 1987, p. 10. 20535. • Supra note 4, p. I 19. 1 Bruce W. Cameron, "Where Will We Get ew Recruits?" UIII' and Order. September 1989, p. 3. ' Commission on Accreditation for Law The Bulletin Reports, a collection of criminal justice studies, reports, and Enforcement Agencies, Inc., "Standards for Law project findings, is written by Kathy Sulewski. Send your material for considera• En forccment Agencies: The Standards Manual tion to: FBI Law Enforcement Bulletin, Room 7262, 10th & Pennsylvania Ave. , of the Law Enforcement Age ncy Accreditati on NW, Washington, DC 20535. Program," 198-1 . pp. 3 1-32. (NOTE: The material presented in this section is intended to be strictly an • International Associati on of Chiefs of information source and should not be considered as an endorsement by the FBI Po li ce, "The Di sciplinary Process: Internal for any product or service.) Affairs Role," Training Key # 228, undated.

September 1991 / 9

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ ­ Foreign Counterintelligence An FBI Priority

By JAMES E. TOMLINSON

o law enforcement agencies The FBI's FeIMission country. Even after the war, the FBI and the American public, the The foreign counterintelligence played a role in civilian intelligence T FBI is recognized tradition• mission of the FBI is to collect, collection. However, when the Na• ally for its criminal investigations of analyze, and use information to iden• tional Security Act of 1947 estab• bank robberies, kidnapings, and tify and neutralize the activities of lished the Central Intelligence fugitives. Within the last decade, foreign powers and their agents that Agency, which was given the re• they al 0 came to learn about the adversely affect national ecurity. sponsibility for collecting positive Bureau's active participation in The Bureau also conducts and/or intelligence, I the FBI's focu was organized crime, white-collarcrime, supervises espionage investigations directed to counterintelligence. violent crime, and drug investiga• in U.S. diplomatic establishments Since FCI investigations are tions. However, few Americans re• abroad and investigates worldwide usually classified, little information alize that a m~or investigative re• espionage activity directed against on the FBI's efforts is ever dissemi• sponsibility of the FBI is foreign the United States that involves non• nated to the public. Only in major counterintelligence (FCI). military U.S. citizens. espionage cases, such as those in• This article provides a brief Historically, the FBI has car• volving William Holden Bell, the overview ofthe FBI' foreign counter• ried on major intelligence and counter• John Walker family, and Ronald intelligence mission. Itthen addresses intelligence operations since World Pelton, did the public even get a how local and State law enforcement War II, when it actively sought out glimpse into the Bureau's counter• can assist the FBI in its FCI efforts. Axis saboteurs operating in this intelligence world. Yet, espionage

10/ FBI Law Enforcement Bulletin ------• activity till exists in this country. Between 1976 and 1990, there were 67 successful prosecutions for es• ...individuals pionage in the United States. "committing espionage The damage cau ed by these or aiding agents of cases from a financial perspective foreign intelligence alone is incalculable. For example, services are often William Holden Bell, a senior radar to engineer at Hughes Aircraft Com• greater threats the pany in Los Angeles, California, American public than received $110,000 for information major criminal passed to Marian Zacharski, a Po• offenders. lish businessman and covert agent for the Polish Intelligence Service. The information Bell provided on Special Agent"in Charge Tomlinson heads the Foreign the F- J5 Look Down-Shoot Down Counterintelligence Division in the FBI's New York City Field Office. Radar, TOW anti-tank missile, Phoe• nix air-to-air missile, and quiet radar saved the Soviets2 approximately $185 million in technological re• complete succe s will only be FCl taffmay range in size from one search and advanced their technol• achieved ifdetection is accompl ished Special Agent in a small Midwest ogy by about 5 years by permitting before national security is damaged. office to several hundred in the New them to implement proven de ign For example, in the case of the John York City Office, where foreign concepts.' But, the dangers placed Walker spy ring, the U.S. Navy suf• counterintelligence is considered the on each and every U.S . citizen from fered an unprecedented loss of clas• number one investigative priority. a national security standpoint can• sified data that provided the Soviet Yet, even though the FBI dedi• not be measured in dollar figures Union with information on aval cates a sizable portion ofits resource , alone. operations and capabilities. It is esti• both personnel and monetary, to Arrests and prosecutions for mated that damage to national secu• counterintelligence, it is still greatly espionage, however, make up only rity wa in excess of $1 billion in outnumbered by known orsuspected a minute portion of the FCI work research and development alone. foreign intelligence officers. There that the FBI does. Of greater impor• However, as an expert witness and are nearly 3,000 foreign diplomatic tance is the ability to identify those outside observer noted during the officials in New York City alone involved in espionage activities and trial, "".the information provided who are affiliated with the United to stop them before they pass by Walker was priceless and its ac• Nations or with consular posts and classified or sensitive informa• quisition would be beyond the wild• who are from countries with inter• tion. Early detection of individuals est dreams and hopes in the office of est traditionally viewed as hostile who might be inclined to sell sensi• the KGB."4 to the United States. tive information or who are targeted The FBI has determined that a for coercive recruitment by foreign FeI Resources number of these officials are intelli• intelligence agents to provide uch A sizable portion of the Bu• gence officers or have some rela• information is the primary goal of reau's work force is dedicated to its tionship with foreign intelligence the FBI's foreign counterintelligence FCr mission. In fact, every FBI field services. While in this country, these program. office has designated personnel whose intelligence officers enjoy the free• Prosecution will alway be an primary investigative responsibility doms of the United States. They option for deterrence purposes, but is foreign counterintelligence. An have generally unrestricted access

------September 1991 /11 to public source information, as eign Mission Act, the U.S. State rural area, near a U.S. military in• well as contact with U.S. industrial Department issues special license stallation, in the vicinity ofa defense and academic personnel from whom plates for vehicles of foreign mis• contractor, or for that matter, any• they can obtain technology and other sions and their staffs accredited in where at an unusual time. Noting the intelligence­related information. In the United States. These license licen e plate number and reporting addition, experience has shown that plates are red, white, and blue and it immediately to the local FBI of• a threat to U.S . ecurity al so exists have a letter code that denotes the fice may be of great importance. from nontraditional adversaries. status of the regi tered owner. The Of course, individuals operat• For example, Jonathan Pollard, an letter "0" signifie diplomat, "c" ing these vehicles may be legitimate intelligence analyst at the Naval In• means a member of a consulate, and diplomats fulfilling their official vestigative Service, was arrested for "s" denotes a staff member. A sepa• responsibilities or just traveling on spying for Israel, for which he re• rate two-letter abbreviation on the per onal business. And since only a ceived a life prison sentence. license plate identifies the country small percentage of diplomats are Despite the resources devoted of origin of the regi trant. For ex• active in clandestine intelligence to FCr investigations, the FBI alone ample, the letter designation for the operations, no action should be taken cannot monitor all foreign intelli• U.S.S.R. i "FC." Therefore, a dip• against these individuals. Providing gence service officer adequately. lomatic licen e plate that reads information on the license plate, the The Bureau recognize that it need "FCD," along with three numbers, number of occupants, and the loca• help to protect the security of this means that the vehicle is registered tion of the vehicle when observed to country. And to this end, it enlists the local FBI office is all that is the help ofthe U.S. law enforcement necessary. community in its FCI mission. It should be noted, however, that not all individuals operating Law Enfo rcement Cooperation ...not all individuals vehicles with these official State In cities where most foreign "operating vehicles Department plates automatically intelligence officer are assigned, with...officialState enjoy full diplomatic immunity. Such uch a New York City and Wash• Department plates immunity is granted only to those ington, D.C., the FBI ha a concen• who are accredited by the U.S. tration of FCI resources. However, automatically enjoy full Department of State and only to the when foreign intelligence officer diplomatic immunity. extent appropriate to their tatus. travel outside these areas, they are Distinctive licen e plates themselves often afforded less scrutiny. Fur• confer no immunity; they simply thermore, individuals not yet identi• alert law enforcement officials that fied as intelligence officer , such as to a Soviet diplomat assigned to the vehicle' operator is likely to be diplomat, students, or touri ts, may the Soviet mission in New York" a person enjoying some degree of also can·y out intelligence functions. City. A "DFC" de ignation identi• immunity.5 This is where local and State law fie a Soviet bilateral diplomat as• Law enforcement officer who enforcement can assist the FBI. signed to Washington, D.C. Local have any questions regarding the All law enforcement personnel FBI offices have wallet-size cards diplomatic status of any individual should be aware of vehicles regis• available that list the various diplo• need only contact the local FBI of• tered to foreign embassies, consu• matic designations. fice or the U.S. Department of State. lates, and U.N. missions, and their When these individuals travel FBI personnel can quickly confirm personnel, traveling in their juris• outside their diplomatic area, their through FBI Headquarters and the dictions. These vehicles can be iden• activities may be of interest to the State Department the individual ' tified by their distinctive license FBI. This is e pecially the case if official standing and accompanying plate . Through the Office of For• such a license plate is observed in a entitlement.

12/ FBI Law Enforcement Bulletin ------• SAMPLE OF FOREIGN MISSION LICENSE PLATES Continued Threat to National Security Even with the many changes Nationwide United Nations occurring in Eastern Europe and the License Plates * License Plates Soviet Union, the FBI must main• tain a "bu si ness as usual" attitude with regard to counterintelligence • Soviet U.N. Soviet • ; aoioi'li;e mDiplomat operation. As long as the United Diplomat • States continues to be a leader in Qiiiiii.milIl1MII;;::'ig::i14• "ilil.!iiil&.Ml$i ii;;;;;;i10 technological research and design, countrie that are less developed will Romanian continue to seek a "quick fix" to Romanian ; OOOND§ U.N. Staff Consul Member solve their economic problems. \:::;:::;;;liQmtJ'ii 1! 1181» Therefore, despite an era ofGlasnost or "openness," Americans cannot Bulgarian U.N. Staff Member ~ afford to disregard the unusual ac• §OMOOO i i OrCOlO Secretariat Member tivities of diplomats and foreign Q i.i1i1i!ii;!ltl iiiiiilii4 4iiilliiIN \lflU liiiiilO visitor who pose a threat to nation• al security. In addition, because ofthis new * COUNTRY CODES "openness," the high rate of crime Fe - U.S.S.R. NO - Romania OM - Bulgaria and drug problems experienced by Eastern European countnes and the Soviet Union is coming to light. In fit from the va t knowledge that these intelligence services, in turn, their efforts to address these crime has been developed over the years. are very interested in acces to U.S. problems, these countries routinely And, because of the unselfish will• law enforcement computer systems, request assistance from U.S. law en• ingness of local , State, and Federal equipment, training methods, and forcement. Soviet journali ts have agencies to provide such as istance, operational technique for intelli• requested information regarding the world should see significant gence purposes. laboratory technique and drug pre• improvements in the law enforce• Accordingly, the FBI has ex• vention from both the FBI and the ment systems operating in Ea tern panded its FCI awareness educa• Drug Enforcement Administration. Europe and the Soviet Union. This, tion program for defense contractors More and more, local, State, and in turn, will hopefully result in a to include U.S. law enforcement other Federal law enforcementagen• more posi ti ve image for law enforce• agencies that are involved in ex• cies, regardle s ofsize, are also bei ng ment worldwide. change programs with other coun• approached to provide crime-fight• As is often the case, but par• tries. Law enforcement agencies are ing assistance to their Eastern Euro• ticularly within the law enforcement strongly urged to contact their local pean and Soviet counterparts. And, community, strong bonds develop FBI offices if they plan to partici• there i every reason to believe that between profe sional personnel. pate in an exchange program with a the e reque ts for scientific training However, U.S. law enforcement of• foreign police service. Trained per• and technological information from ficers must remain alert to the dis• sonnel will provide appropriate spe• U.S. agencies will continue. tinct possibility of exploitation by cialized briefings that can help to Ea tern European countries and the ensure foreign intelligence services Alert to Law Enforcement Soviet Union. Many foreign law en• do not gain information that may be Countries seeking assistance forcement agencie have strong ties harmful to the interest of national from U.S. law enforcementcan bene- to their intelligence service . And, ecurity.

------September 1991 / 13 Po/ice Practices

Conclusion The FBI's foreign counterin• telligence mission is not a publi• cized a its other law enforcement functions. However, individuals com• mitting espionage or aiding agent of foreign intelligence service are often greater threats to the American public than major criminal offend• er . The collective damage cau ed by the John Walker spy ring, Ron• ald Pelton, William Bell, and others, the espionage cases that have oc• curred ince 1985, are beyond finan• cial comprehension. The FBI alone cannot hope to identify all intelligence activity con• ducted in the United States and ac• tively monitor all intelligence offi• Ministers Team with Police cer operating in this country. The to Keep the Peace cooperation and assi tance of the U.S. law enforcement community By is essential. By working together, D.R. STATON AND LARRY EDWARDS local, State, and Federal law en• forcement personnel can curtail the inimical activities of foreign intelligence agents in the United n 1989, an annual Labor Day to avert imilar situations. Virginia State , and thereby, afeguard the Beach had built a reputation as a ecurity of this Nation. I weekend gathering of college students in the re ort city of family vacation pot. But the Virginia Beach, Virginia, erupted events of the 1989 Labor Day Footnotes into violent rioting. Thousands of weekend, combined with rising I Positive intelli gence refers to information youth gang activity, threatened to gathered from both domestic and foreign students who had gathered to sources th at may be of use to U.S . Government celebrate "Greekfest," so-called mar the peaceful atmosphere of the agencies in fulfi lling their responsibilities. resort. , At the time, the Polish Intelligence Service because of its origins a a frater• was a surrogate of the KGB, and information nity gathering, took to the treets, In searching for new ap• acquired by its agents was funneled directl y to looting shorefront shops and proaches to deal with the large Moscow. number of students (and other 1 "Sovict Acquisition of Militarily creating social unrest. The event Signific~nt Western Technology: An Update," young visitors) who stream into (unclaSSified), Central Intelligence Agency, captured media attention. Nation• September 1985, p. 20. wide, American witnes ed the ri• the city for the Labor Day week• • J Whitworth Trial Transcripts, Federal end, Virginia Beach Police offi• Dlstnct Court. San Francisco, California, 1986. oting and law enforcement re• , The Office of Foreign Missions ha\ sponse that mirrored police actions cials focused on a similar event prepared a booklet entitled "Guidance for Law that occurred annually in Daytona Enforcement Officers: Personal Ri ghts and Im• of the 1960s. munities of Foreign Diplomats and Consul ar Once the student upri ing Beach, Florida. Each year, college Personnel," U.S. Department of State publica• students and other young adults tion No. 9533, reVised February 1988, which was quelled, the city council and provides guidance on this and other related police department looked for ways converge on the resort area during j:.,sue~.

14 / FBI Law Enforcement Bulletin Spring Break. While slightly troublemakers who, at the slightest • Crowd control techniques, higher arrest rates and the expected provocation, could confront the • General communication parking infractions occur during police. skills, this time, there are no largescale The coordinator of the Day• disturbances as the one that took tona association persuaded the Vir• • Basic self-defense, place in Virginia Beach. ginia Beach Police Department, • Police radio operation, and then a somewhat reluctant The Daytona Beach Experience community, to consider the same • Patrol car conduct/activity, When Virginia Beach police approach in that city. The result officials visited the Daytona area, was the creation of the Virginia • Police patrol regulations they found that an integral part of Beach Police and Ministers and procedures, the police department's strategy to Association. • General counseling (of both quell potential unrest is an ex• officers and citizens), panded police chaplain program. Since its establishment in 1986, • Instruction concerning the Daytona Beach Police-Minis• when to assist officers, ters Association has served as both • Coping with failure, a buffer and liaison between the ... the ministers police and the community. The as• "are credited with • Human relations skills, and sociation is made up of area quelling many chaplains, both black and white, • Relating to military would-be, and personnel. representing many faiths. The potentially ministers ride with officers In addition, the ministers were throughout the year, but increase explosive, shown films, complete with criti• their presence during special disturbances. cal assessments, of the 1989 riot in events, such as Spring Break and Virginia Beach and Daytona's college homecomings. 1990 Spring Break. The ministers are trained and On the last day of training, sensitized to the rigors of law en• , •••••••••••••" the volunteer chaplains were as• forcement. The majority of their signed to accompany officers on instruction comes from the pro• Ministers Team Up with Police foot patrol. One chaplain was gram's coordinator, who is a At the direction of the police assigned to each of the 16 two• former police officer. chief, 40 members of the clergy officer foot patrol teams covering In addition, the ministers are from Virginia Beach area churches the resort's main strip roadway. In trained to spot crowd "leaders." of all denominations were asked to addition, a chaplain accompanied As they mingle with groups of become certified police chaplains. each of the 12 two-officer units young people in the resort area, Over 30 volunteer chaplains, in• patrolling the boardwalk area they explain what the police are cluding military chaplains from the (approximately 50 blocks.) doing and why. Though this is not nearby naval base in Norfolk, an easy task, their success rate has attended a weeklong workshop and Results been very high. As a result, the orientation in June 1990. The coor• During the first weeks of the ministers are credited with quell• dinator of the Daytona Beach program, chaplains proved very ing many would-be, and poten• program made several visits to effective in calming potentially tially explosive, disturbances. Virginia Beach to help set up the explosive situations. Often, they They, in particular, create a calm• program and to supervise the succeeded in averting confronta• ing effect upon young, would-be training. The instruction included: tions before police involvement

------September 1991 115 was required. Gradually, reluctant leviate some of the factors that allowed the chaplains to approach officer began to request the contributed to the unrest of the problem situations in pairs or assi tance of the chaplains in previous year. Checkpoints were groups. When crowds began to get various situations. erected at the entrances to the overzealous or rowdy, chaplains The volunteer chaplains resort stri p to restlict traffic flow , provided a calming influence that worked every Friday and Saturday and only residents and visitors kept the atmosphere peaceful. night from June 29th to the Labor with confirmed accommodations After the Labor Day week• Day weekend (also including the end, 23 chaplains chose to remain July 4th holiday). When the active in the program. They were summer tourist season came to an provided additional training and end, the volunteer chaplains had are now assigned to accompany completed 1,626 hours of walking patrol units in all areas of the city. beats with police officers. Volunteer The remaining chaplains are chaplains have available for special event and Laborfest 1990 " for resumption of the summer The "big test" for the chap• proved to be a program. lain program, however, was the very valuable Labor Day weekend and the task police resource. Conclusion of helping to "keep the lid" on the When violence and criminal potentially explosive annual activity threatened the peaceful gathering of students and young atmosphere in Virginia Beach, po• adult , now called Laborfest. The lice officials decided to approach holiday weekend was the pro• ....______" • the problem with innovative gram's most active, with 35 strategies. Basing an expanded chaplains contributing 740 hours were allowed to proceed past the police chaplain program on the of service. The result of the checkpoints. Other motori ts were successful Daytona Beach experi• chaplains' efforts and the other required to park their vehicles at ence, they were able to provide an measures adopted by the city satellite sites where a shuttle serv• effective response to the problem proved very successful. During ice was operating to take them to at a minimal cost to the city. Labor Day weekend 1989, there and from the waterfront. In addi• Volunteer chaplains have were approximately 1,500 arrests tion, concerts, dances, and other proved to be a very valuable police and significant property damage to events were organized by the city, resource. They provide a calming the city. During the same weekend as part of Laborfest. influence and help to reduce in 1990, there were 100 arrests and The chaplain program, too, anxiety during potentially violent only minimal property damage. was an integral part of the police situations. In the process, they There were several reasons department's strategy to reduce the have helped to foster a sense of for this succe s. A comprehensive possibility of unrest. Officers good will between the police, the strategy had been developed to al• maintained a low profile and community, and visitors to the resort area. m

Police Practices serves as an information source for unique or noteworthy methods, techniques, or operations of law enforce• ment agencies. Submissions should be no more than 750 words (3 Reverend Staton is the Presi• pages, double spaced and typed) and should be directed to Kathy dent of the Virginia Beach, Virginia, Sulewski, Managing Editor, FBI Law Enforcement Bulletin, Room Police and Ministers Association. 7262, 10th & Pennsylvania Ave ., NW, Washington, DC 20535. Reverend Edwards is the coordinator of the Daytona Beach, Florida, Police• Ministers Association.

16/ FBI Law Enforcement Bulletin ------• Espionage Awareness Programs By FREDDIE L. CAPPS, JR.

naSaturdaymorning inJan• cold Saturday morning? Now, more to identify himself, uary 1980, while on patrol , suspiciou s than ever, Corporal Hutch• Odint ov tated he was O Cpt. Thomas E. Hutchin , a ins continued to follow the diplo• a Soviet diplomat and Maryland State trooper, noticed a mat's car. produced a diplomatic car with diplomatic tags traveling The diplomat, noticing the passport and a District slowly on a major highway. The patrol vehicle, tried to evade the of Columbia driver's trooper also observed that the driver trooper. Then, he attempted several license. Also, with no of the car was constantly checking countersurvei lIance technique to prompting, he told the his rearview mirror as he drove. The determine if he was still being fol• officerthat he wa going actions of the driver, combined with lowed . Losing hi s composure, the fishing. the speed of the vehicle, the early diplomat accelerated to more than Corporal Hutchins, hour, and the diplomatic tags, aroused 60 m.p.h. and ran a stop sign. Thi s seei ng no fi shing gear hi suspicions enough that he ran a was when Corporal Hutchins de• in the car and check of the car's registration. It cided to pull him over. knowing that was registered to a Soviet, Ivan As he approached the stopped there was Ivanovich Odi ntsov. The trooper then vehicle, Corporal Hutchins noticed no place asked himself what could a Soviet that the Soviet diplomat appeared to fish diplomat be doing at 6:00 a.m. on a frightened and nervous. When as ked in And, Stern. Magazine reported that ...counterintelligence during the summer of 1989, 50% of is a strategic issue West Germans polled believed they " were more threatened by the United that requires a States than the Soviet Union.2 Inter• coordinated, esting facts, especially since both effective national poll were taken before the fall ofthe response. Berlin Wall. Now, incidents witnes ed by American citizens that were previ• ously viewed as suspiciou orthreat• " ening are no longer seen in that light. In turn, citizens report fewer of the e Special Agent Capps, the FBI's National DECA Coordinator, is assigned to the incidents. Intelligence Division at FBI Headquarters in Washington, D.C. Today, the uninformed mjght conclude that an effective counterin• telligence program is no longer nec• the area, asked his dispatcher to con• Counterintelligence Mission essary. Nothing could be further from tact the U.S. State Department to Identifying agents and activi• the truth. A icholas Daniloff, for• advi e them of the stop and seek it ties of foreign intelligence service mer Moscow reporter for U.S. News guidance. A hort time later, the dis• in the United State is the most dif• and World Report and one-time pris• patcher informed the trooper that no ficult task of counterintelligence. oner of the KGB, stated in a recent one was available at the State De• Without identification, plans cannot newspaper article, "Despite the partment at that hour. Concerned be developed to penetrate and neu• reforms ... Soviet spying against the about the proximity of the Soviet to tralize an espionage operation. How• United States will continue with Andrews Air Force Base and the ever, once the identification is made, intensity for a long time to come."3 Naval Communications Station, even the most ophisticated network What the American public fails which were both Ie s than 5 miles can be brought down. to realize is that the Soviets contin• away, but running out of alterna• To be successful in its counter• ue to spend billions of dollars annu• tives, he decided to issue the Soviet intelligence mission, the FBI de• ally on espionage and intelligence a warning citation and allowed him pends on an informed, enlightened collections activities in an attempt to to depart. However, before the end citizenry and local and State law close the gap with the West in micro• of his patrol, the trooper did notify enforcement to as ist in the identifi• electronics, computers, and sophis• the Security Police at the airbase of cation process. Public participation ticated weapons system .4 In fact, the Soviet' s presence in the area. in the identification process has led heightened citizen awareness and Unknown to Corporal Hutch• to the identification of past KGB cooperation is needed just a much ins, the Soviet was a known KGB activitie , and it still remain critical now as it was in the past. intelligence officer. Later, in 1985, to cUlTent counterintell igence efforts. The DECA Program the FBI learned that Odintsov was Unfortunately, however, the one of the KGB officers respon ible American public' s perception of the The FBI has developed a vari• for handling John Walker, the most Soviet threat has changed considera• ety of techniques and programs to notable Soviet penetration ofthe U.S. bly in recent years. In June 1989, counter the activities of hostile for• Navy in this century. The fact that public opinion polls conducted in eign intelligence services in the Unit• Walker was not identified on that the United States indicated that 65% ed States. One of the most effective Saturday morning, 5 years earlier, of Americans no longer consider the of these efforts is the Development was just bad luck. Soviet Union an immediate threat. I of Espionage and Counterintelli•

18 I FBI Law Enforcement Bulletin ______gence Awareness Program (DECA). Industrial Security Awareness mati on that impact on national ecu• DECA links the FBI's counterintel• Council rity. They also include sensitive ligence program to the security In August 1988, as another economic information and proprie• countermeasures employed by de• step designed to increase espio• tary technologies of America's pri• fense contractors. Under this pro• nage awarenes , the Industrial Se• vate sector. These technologies may gram, FBI resource are focused on curity Awareness Council (ISAC) never be classified, but their loss the spys' targets-U.S. employees was formed. ISAC is a joint Gov• could have a negative impact on with access to classified informa• ernment/private sector working those companies who developed tion- not on the intelligence officer group whose membership include them. A loss in the private sector, or the diplomatic establishment. the Defen e Investigative Service if significant enough to threaten The DECA Program operates (DIS), the FBI, and I I defense a company's survival, could also in all 56 FBI Field Offices. In each contractors.6 endanger national security. office, a DECA coordinator admini• ISAC's goal is to promote The successes achieved by ster the program. The coordinator's security awareness in the defense Soviet and other foreign intelligence primary responsibility is to visit firms industry by focusing on the collec• services during the 1980s serve to that have been awarded classified tive resources of industry and gov• reinforce the fact that counterintelli• contracts to update them on current ernment. Its members share aware• gence i a strategic issue that re• foreign intelligence threats. ne s resources, thereby reducing quire a coordinated, effective na• Because of the dramatic in• tional re pon e. Because the world crea e in the threat po ed by foreign is so complex and is in a constant intelligence services, the focus of state of flux, the FBI must be able the DECA Program has been ex• to articulate clearly this evolving panded to now include American ... DECA intelligence threat and work with firms not engaged in classified gov• "coordinators are America' private sector to meet ernment contracts and the public in nowproviding today' counterintelligence chal• general. Also, with the increase in espionage briefings lenges successfully. m exchange programs among Soviet to.. .Iocal police and East European governments departments. Footnotes and U.S. Government agencies and I David Remnick, The Washillgtoll Post, local law enforcement agencies, June 13, 19 9, p. A I. , Ibid. DECA coordinators are now pro• • Nicholas Daniloff, "Reforms In Soviet viding espionage briefings to other Union Only Increase Appetites For Secrets needless duplication of efforts that From The West:' Los Allgeles Tillles, August 9, Federal agencies and local police occur when companies operate" 1989 . departments. • Hu ghes Aircraft Company, A CO//Ilferilltel• alone, without coordination and co• ligellce Awarelless Prilller. 1987. p. S. At the beginning of 1990, the operation. Thi concept ha ince , Hughes Aircraft Company ami the FBI FBI appointed a national DECA jointly produced a video entitled "Espionage been expanded by DIS and the FBI 2000." This 3D-minute video contains coordinator (NDC) to manage the to other regions of the country and interviews of experts in the counterintelligence program throughout the country. A and security countermeasures fields discussing plans are in progress to make it a important awareness issues. It is available to short time later, a national DECA national organization. any government agency or defense contractor advisory committee was organized. for use in espionage awareness programs by contacting the FBI , the Defense Investigative This committee, composed ofDEC A Conclusion Service. or the Hu ghes Aircraft Company. coordinators from the larger FBI field The United States continues to • The I I defense contractors are Aerospace Corporation. Hughes Aircraft Company, Jet offices, assists the NDC with the have secrets that some foreign pow• Propubion Laboratory, Lockheed Aeronautical formulation and implementation of ers seek and are willing to steal. Systems ompany, Logicon, McDonnell Douglas Corporation, Northrop Corporati on. DECA goals, training, slides, vid• These secrets go beyond the strate• Rockwell International Corporation. Science eos,) and literature. gic military and technological infor• Applications Int ernational. Trident Data Corpo• ration, and TRW.

------September 1991 / 19 Point of View

Managing for Excellence

By DAVID A. KING

o much has been written on effective methods in order to meet effective personnel manage• increasing demands for police s services. Interestingly enough, ment that very little is left to be said on the topic. However, law one such method was increased enforcement is such a unique field cooperation between police that specific methods for selecting, officers and members of the training, deploying, and managing community. This led to the creation of separate crime preven• ChiefKing commands the police employees are es ential in Perkasie, Pennsylvania, order for any department to be tion and community service Police Department. succes ful. programs in nearly every police Obviously, the police officer department in the country. is the most visible and important At the time, most police component of a law enforcement administrators believed that must involve every component of agency. How well we use the additional contact with the public the police organization-from personnel resources of our police would serve not only to provide administration to command, from associates will determine how increased service to the citizens investigative to uniformed patrol. po itively the organization is but also to enhance the police All aspects of the police organiza• perceived and how successfully we department's profe sional image. tion need to be joined in a con• attain organizational goal. Crime prevention programs certed effort with the community In the past, most agencie provided police departments with to be effective. went to great lengths to attract and the opportunity to move closer to a Community policing allows recruit highly motivated, educated positive proactive working rela• us to get back in touch with the individuals. But, once these tionship with the community. citizens and find out how we can individuals were in place, they However, this practice work together for the betterment of were oftentimes discouraged, and eliminated ystematically many all. After all, who better to tell us in some instances, even punished police officers from the commu• what the real law enforcement for performing tasks outside the nity service equation. The special• problems aJ'e in our communities "standard" parameters. In doing ized service that "crime prevention than the citizens we serve. And, it so, we systematically eliminated officers" now provided set them is these same citizens who can tell innovative, creative thinking at the apart from their patrol divi ion us how well we are meeting our line level. counterpaJ1s. Without even commitment to address these realizing it, we had created two problems. We cannot possibly The Community Policing Model distinct, and for the most part, determine how effective we are During the late 1970s, when separate law enforcement efforts• without listening to those who police departments nationwide crime prevention and traditional benefit, or suffer, from our efforts. began facing severe budget con• police patrol services. Traditionally, beat cops took straints, we, as police managers, Only recently did we realize a personal interest in their service were forced to look for more that community-based policing areas and were known to be astute

20/ FBI Law Enforcement Bulletin ------• at detecting, preventing, and the ldnds of decision that can be efficient agent against criminal suppressing criminal activity effective for specific problems in activity. through their own innovative the community in which they serve expertise. Today, the concept of and in which the officer is looked Summary community policing is merely to by the citizen to solve the Community policing em• an extension of that imple problem. We need officers who powers officers to make a real dif• philosophy. work with and for the community. ference. Police administrators We need police officers as com• need to become supportive of The Police Officer as a munity organizers who can serve officers in their ranks who can and Management Resource will serve the community policing As police executives, we model, provided that they are have sometimes allowed ourselves allowed to make practical deci• to become too far removed from "As police sions that use creative and effec• the operational aspects of effective administrators, we tive resources. As police adminis• law enforcement. In meeting the need to sense the trators, we go to great lengths to challenge of providing the changes in our find the best personnel available to department with long­range goal environments and meet the difficult challenges of law planning, we have sometimes adjust our enforcement. We must allow them become too concerned with the methodology to meet to use those skills and abilities that future and not as aware of the those changes." not only make them good police present as we should be. As police officers but also allow them to administrators, we need to sense become more-effective public the changes in our environments servants. and adjust our methodology to as catalysts for positive action in Administrators have the meet those changes. the crime detection, suppression, abi lity to give patrol officers the The line police officers are and prevention. We need person• upport they will need in order to probably one of the most over• nel who view members of the manage their individual commu• looked management resources in public as concerned, supportive, nity microcosms. By delegating any police agency. No one is more proactive assistants in the law respon ibility, empowering, and familiar with the environment in enforcement function. Without an giving commensurate authority to which they must operate than law understanding, supportive commu• these officers, we will not only enforcement patrol officers, and no nity, the job of effective policing provide the essential components one is more capable of making becomes increasingly more to successful applications of effective suggestions to meet the difficult. And, many officers have community policing philosophies demands for their service. There• for too long viewed the general but we will also become more suc• fore, we must rethink the philoso• citizenry as more of a nuisance cessful in our search for manage• phy that requires unquestioned than as an effective tool that could ment excellence. conformity to departmental assist them in being a more• procedures and discourages individualism. Instead, we hould consider the input of those on the forefront of the criminal activity Point of View is a forum for law enforcement professionals to battleground. Society demands no suggest recommendations to improve police work. Submissions for this feature should be typed , double spaced , and forwarded to Editor, FBI Law less. Enforcement Bulletin, Room 7262, 10th & Pennsylvania Ave ., NW, As administrators, we must Washington , DC 20535. empower our employee to make

------September 1991 121 The Kentucky State Police Drug Testing Policy

By W. MICHAEL TROOP and JERRY LOVITT

The commit• oday, it is no tee also developed a longer enough 20-page booklet to for a law en• T communicate the key forcement agency to points of the drug pol• claim that it is drug free; icy to the employees. it must prove it. To this end, the Kentucky State And, prior to implement• Police developed and im• i ng the policy, a staffoffi• plemented an employee drug cer visited each of the Ken• tucky State Police's 16 posts to testing policy. This policy is an enhanced version ofthe Kentucky pre ent the program to the em• State Government's policie that will ployees and to address their ques• help to promote further the concept, tions and concerns. Additionall y, post and hopefully, the reality of a drug• Then, employees from other areas of and section commanders received free workplace. the agency, such a data processing, training in the drug testing program the laboratory, personnel, and the procedures. CREA TING THE POLICY Legal Office, were also appointed to THE DRUG TESTING Department administrators et the committee. A Branch Commander PROCESS out to make the drug te ting policy a from the Operations Division headed product ofemployees. To begin, they the 16-member committee. After 4 Random Drug Testing appointed representatives from the months ofresearch and planni ng, the AsofJanuary I, 1991 ,allsworn Trooper Advisory Panel and the committee formulated a drug testing employees hired since 1984, when Civi lian Advisory Panel, who e policy that was fair, workable, and drug testing ofjob appli cants began, members are elected by sworn and one that ensured employee privacy, and all aircraft support per onnel civi li an employees respectively, to a integrity, and dignity throughout the became subject to random drug test• Drug Testing Advisory Committee. testing process. ing. Employees hired prior to 1984

22/ FBI Law Enforcement Bulletin ------• are also subject to random drug test• or critical incident, drug testing is or section commanders withholds ing. Random drug testing ofcivilian available upon request. notification of testing until the day employees in certain safety-sensi• of the test so that drug testing is not tive cla sifications, such as arson in• The Drug Test compromised and that it occurs in a vestigations, communications, the Every Monday, the post and timely and efficient manner. forensic laboratory, and in the armed section commanders coordinate the Drug testing is performed facilities ecurity ection, will also matching of employee names to through urinalysis. Only Kentucky become mandatory in 1991. How• individual identification numbers• State Police Forensic Laboratory per• ever, before an agency employee can not Social Security numbers. Only sonne
and post orsection command• be randomly tested, written authori• those employees subject to andavail• ers are authorized to administer the zation is obtained on a voluntary able for random drug testing during drug tests. At the time of the test, consent form. This form stipulates a particular week are assigned iden• each employee is asked to complete that the employee agrees to be drug tification numbers. Then, the identi• a more-detailed voluntary consent tested no less than once and no more fication numbers only are forwarded form. This enhanced consent form: than twice over a 2-year period. to the agency's personnel branch for I) Request employee permission entry into a computer system. The for a urine specimen to be collected Specific Selection Drug Testing computer randomly elects a subset and tested; 2) describes the list of In addition to a random drug of the entered identification num• drugs for which the specimen will be testing policy, the committee also bers, and any employee whose iden• tested; 3) desclibes how the test results set a specific selection drug testing tification number matches one ofthe will be u ed and to whom they may policy. Under this policy, drug test• numbers that the computer selects be communicated; 4) delineates pos• ing is mandatory for the following will be drug tested within 5 working sible agency action if the test is groups of employees: days. The selected employees' po t positive; and 5) informs the em- • All sworn employee applicants • Employees eligible for promotion • Employees tran ferring into aircraft support • Drug enforcement/special investigations staff members • Special response team members and/or those involved in drug interdiction work. Drug testing is also required for any sworn employee upon docu• mented, rea onable suspicion of il• legal drug use. If an employee re• Mr. Troop MajorLovitt fuses to be tested for possible drug u e, they are then subject to discipli• Mr. Troop is the Acting Kentucky State Po/ice Commissioner and the nary action. In addition, should an Secretary ofJustice. Major Lovitt is the Commander of the East employee be involved in an accident Branch, Operations Division ofthe Kentucky State Police.

------September 1991 123 " ...the general public has a right to expect a ployee of the consequence. of vio• stricter accounting of • Marijuana-50 ng/ml lating any testing procedure. The law enforcement form also requests a Ii t of any employees concerning • Cocaine-300 ng/ml medication the employee has taken possible illegal drug • Opiates-300 ng/ml over the last 15 day . use.. .." • Amphetamines-300 ng/ml The employee is then handed a sealed, pIa tic specimen container • Benzodiazepine-300 ng/ml with a built-in thermometer. The • Propoxyphene-300 ng/ml employee provides the urine speci• men in a secured, private restroom. If the first screening of a par• [n the interest of employee privacy, ticular specimen is positive, a more• there are no witnesse , and disrobing complex and expensive chemical is not required. When the employee analysis, such as gas chromatogra• returns the filled specimen container phy or mass spectrometry, is per• to the drug testing personnel, it is formed to confirm the initial result immediately checked for tempera• of the immunoassay creening. If ture to ensure that the employee has this test is positive, the specimen is provided an authentic sample. Next, sent to an independent laboratory for At the laboratory, each em• in the presence of the employee, the further analy i . A econd positive ployee's specimen is checked for specimen is divided into two con• confirmation will trigger administra• possible tampering, logged in , and tainer . One of the samples is held a tive and/or disciplinary action against processed. A test tube sample is also a control sample in case an em• the tested employee. drawn from an original specimen ployee would wish to verify posi• and stored for future testing, ifneeded. Agency Response to Positive tive re ults later with a laboratory of Several test tube samples are batched Test Results their choo ing. together, ofwhich approximately 20 All te t results are ent direct• Drug testing personnel then percent will be control samples for ly to the Kentucky State Police' explain thechain-of-cu tody form to quality a surance check. Employee Assistance Program- the the employee. Once the employee only place where an identification verifies the information on thi form, Analysis number can be correlated to an em• drug testing personnel seal the speci• Immunoassay tests are used to ployee's name. From this point, a men containers with lids and with creen the samples. These te ts serve medical review officer, who IS a phy• tamper-proof ealing tape. A label to identify substances, such as pro• ician employed on a contract basis, that identifies the specimens only by teins, through their ability to stim• meets privately with the employee employee identification number is ulate physical responses from the whose test result indicate un anc• affixed to each container. The em• body's immune system. Each spec• tioned drug use. ployee, after verifying that the iden• imen is screened for marijuana, If the medical review officer tification number on the specimen cocaine, opiates, amphetamines, find no legal rea on for the positive containers matche the identi fica• barbiturates, benzodiazepine, and te t result, the phy ician notifies tion number on the 1ist held by the propoxyphene. It is also checked for the Employee Assistance Program. post or section commander, signs the presence of other elements to The Employee Assistance Program off on thi s Ii t. Afterward, drug test• ensure the authenticity of the urine then notifies the Internal Affairs ing personnel forward the chain-of• specimen. Section, if the results concern asworn custody form and the specimen The drug detection levels set employee, or the Legal Office, if the container. to the Kentucky State in the agency's drug testing policy results concern a civilian employee. Pol ice Forensic Laboratory. are a follow: Internal Affairs or the Legal Office

24 / FBI Law Enforcement Bulletin ------• will then contact the employee. The In an effort to direct employees Program; and support for long-term commissioner, who is empowered to the best avai lable drug abuse as• rehabilitation. As of February 1991 , to authorize an immediate nondisci• sistance or treatment programs, the 98% of all sworn employees have plinary administrative leave for the Employee Assistance Program main• voluntarily submitted to drug test• employee in question, is also in• tains an updated li st of drug abuse ing. As a whole, 84.4% ofboth sworn formed of "presumptive" positive treatment facilities nationwide. and civilian personnel within the test results. Kentucky State Police have been Any employee found to be in• CONCLUSION tested. volved in illegal drug use faces dis• The Kentucky State Police's It is the Kentucky State Po• ciplinary action, up to and including drug testing policy is a product of its li ce's belief that the general public dismissal. However, for prescrip• employees. It provide what is be• has a ri ght to expect a stricter ac• tion drug misuse, the agency's lieved to be a total approach to the counting of law enforcement em• emphasis is on employee rehabilita• substance abuse issue, ofwhich drug ployees concerning possible illegal tion only. All employees, regardless testing is but one component. The drug use than would routinely be of the type of drug use violation, are policy also emphasizes employee expected of most government em• required to make themselves avai l• awareness/education programs; ployees. Drug testing of law en• able to the Employee Assistance supervisor/manager training; prohi• forcement employees is a small step Program if referred to the program bitions against the u e, sale, posses• to take toward meeting that expecta• by a supervisor. Employees may also sion or manufacture of illegal drugs; tion. A law enforcement agency could be required to complete satisfacto• specific guidelines about the mi suse not deliver a tronger message to the rily a drug abuse assistance or treat• of alcohol and prescription drugs; public it serves. ment program as a condition of employee and family coun seling continued employment. through the Employee Assistance

Wanted : Photographs

The Bulletin is always on the lookout for dynamic, law enforcement-related photos for possible publication in our magazine. We are interested in photos that visuall y depict the many aspects of the law enforcement profession and illustrate the numer• ous tasks law enforcement personnel perform. We can use either black-and-white glossy or color prints or slides, although we prefer prints (5x7 or 8x 10). Appropriate credit will be given to contrib• uting photographers when their work appears in the magazine. Send your photographs to: John Ott, Art Director, FBI La w EI~forcel11ent Bulletin, J.Edgar Hoover F.B.I. Building, 10th and Pennsylvania Avenue, NW, Washington DC, 20535. Telephone (202) 324-3237.

______September 1991 1 25 Book Reviews

1111 THE

IIII TEN I111 COMMANDMENTS . FOR iii: PUBLIC

I11I SPEAKERS 'Iii ]1::

111I

Illi III!

The Supervision of Police for police policy makers, and a heart of the book, though, i four Personnel: A Performance Based growing body of literature offers chapters on performance planning, Approach by William F. Walsh tactics and strategies useful for standards, evaluation, and trou• and Edwin 1. Donovan. Kendall/ patrol officers and investigators. bleshooting. Here, the authors Hunt Publishing. Dubuque. Iowa. However, books on first-line suggest that sergeants too often 1990. supervision are rare. grudgingly accept vague depart• Sergeants are the odd people The Supervision of Police mental standard of officer per• out in many police agencies. Al• Personnel: A Performance Based formance and evaluation. These though they may be considered as Approach is a valuable addition to chapters provide innovative super• part of the "management team," this small shelf of books on first• visors with a blueprint for tailoring they usually work and identify far line police administration. For such expectations and for making more closely with those they nearly 2 decades, first at the New them more useful and meaningful. supervise than with those higher in York City Police Academy and The Supervision ofPolice the organization. However, more recently at Pennsylvania Personnel: A Performance Based because they are closer to the front State University, the authors have Approach is full of helpful infor• line than other management team taught thousands of police supervi• mation and thoughtful analy is. members, they are more likely to sors. They combine the lessons This excellent paperback hould be be held responsible when things go acquired during this instruction in the library of any aspiring or wrong. And, although new ser• with their own experiences as incumbent supervisor, manager, or geants invariably hear at promo• front-line supervisors to present a trainer. It would also be a good tion ceremonies that their first step concise and helpful perspective on addition to promotional examina• up the organizational ladder is the effective first-line supervi ion. tion bibliographies and to the most prodigiou , they frequently The book's 11 chapter de• reading lists of collegiate police receive little or no training to pre• fine the supervisor's role, analyze science cour es. pare them for their new positions. various styles of supervi ion and Reviewed by Sergeants do not receive leadership, and include very im• Dr. James J. Fyfe much help from outside the depart• portant and timely sections on The American University ment either. A large number of legal aspects of supervision, Washington, DC books and periodical are designed motivation, and discipline. The

26 / FBI Law Enforcement Bulletin ------• The Ten Commandments If the decision is made to The final commandment, for Public Speakers by Stephen accept an invitation to speak, the "Thou Shalt Publicize Thy D. Gladis, Human Resource De• next commandment guide the Speech," is intended to ensure that velopment Press, Inc., Amherst, reader through the necessary steps a speech, once given, is granted an Massachusetts, 1990. to help ensure a successful presen• afterlife. Though this final step is As the title suggests, The Ten tation. From analyzing the speech often overlooked, it should not be. Commandments for Public Speak• commitment to researching the Agencies devote considerable time ers offers rules to live by for pro• topic and drafting the text, the and resources to develop an effec• fessionals engaged in public preliminary steps are addressed in tive speech and should, therefore, speaking. The presentation i con• detail. In addition to proven ensure that the information is cise (126 pages) and colorful, but techniques, helpful hints are publicized as widely as possible. it covers thoroughly everything provided throughout. Public speaking is often either the novice or veteran peak• Three commandments, "Thou cited as one of the most univer• er should know about the subject. Shalt Deliver" (VII), "Thou Shalt sal1y dreaded experiences. Perhaps The first commandment, be Prepared for Anything" (I1X), the most endearing quality of this "Thou Shalt Think Before Thou and "Thou Shalt Answer Ques• book is that it presents public Speaks," stresses the importance of tions From the Audience" (IX), speaking as a manageable and planning before putting pen to pa• discuss actual delivery of the potentially very rewarding per. It is important, for instance, to speech. Combined, these com• experience. evaluate the potential advantages mandments provide a comprehen• Reviewed by to your agency in accepting an in• sive look at the event itself and Tom Shaw vitation to speak. If the advantages offer a wealth of suggestions to Director do not outweigh the liabilities in help the speaker maintain control Northern Virginia Criminal expended time, effort, and re• during even the most distressing Justice Academy ources, then perhaps the invita• circumstances. Arlington, Virginia tion should be reconsidered.

Inner-City Crime Control: anticipated return in reducing prosecution for first-time offenders Can Community Institutions criminal activity. The question still to police cadet corps. In addition to Contribute? by Anne Thomas remain : "What can be done?" an overview and summary of each Sulton, Published by the Police Anne Thoma Sulton has program, specific information re• Foundation, Washington, DC, completed a project, "The National garding contact persons, costs, and 1989. Symposium on Community Insti• replication possibilities is also The problems are well• tutions and Inner-City Crime," that provided. For criminal justice pro• known-gangs, drugs, violent addresses the problems of contem• fessionals, this resource can save crime-and have become danger• porary crime and discusses some time and provides ready access to ously pervasive in today's inner realistic approaches to reducing it. key individuals. cities. It is becoming increasingly The findings have been published Thi book is very manageable clear that the police, or the crimi• by the Police Foundation in 1nner• (113 pages) and can help to expand nal justice system for that matter, City Crime Control: Can Commu• the range of possibilities for com• cannot solve these societal prob• nity Institutions Contribute ? As munities considering innovative lems alone. the title suggests, the focus of the strategies to combat crime. It is re• Not only are stiffer penalties, book is the impact community• quired reading for any chief en• more police, and more prisons not based crime control programs have gaged in, or considering, commu• adequate responses, but these so• in actually reducing criminal nity-oriented policing. called solutions are extremely ex• activity. Reviewed by pensive. The criminal ju tice The book presents a cata• Chief Philip Arreola system already spends billions of logue and review of 18 inner-city Police Department dollars every year with little programs, ranging from deferred Milwaukee, Wisconsin

------September 1991 1 27 Summary of Facts Robert Minnick and James "Monkey" Dyess escaped from the Clarke County Jail in Mississippi and were in the process of burg Iariz• ing a mobile home when they were surprised by the arrival of the occu• pants. Using weapons found in the home, the escapees murdered two of the occupants and eventually fled the scene in a stolen pickup truck. Minnick was arrested 4 months later in California on a fugitive warrant. Following his arrest, Minnick was interviewed by two FBI agents. Prior to this interview, he wa ad• vised of his Miranda2 rights, and although he refused to sign a waiver, he agreed to an wer some questions. J During the cour e of the interview, Minnick made some incriminating statements before telling the agents that he would make a more-com• plete tatement when his lawyer was present. Believing that Min• Custodial nick had invoked his right to coun• sel. the agents promptly terminated Interrogation the interview. Following the FBI interview, Minnick met with appointed coun• Impact of Minnick sel. Three days later, Deputy Sheriff v. J.c. Denham of Clarke County, Mississippi Mississippi, arrived in California and By attempted to interview Minnick. KIMBERLY A. CRAWFORD, J.D. Although once again declining to sign a written waiver of his Miranda rights, Minnick agreed to talk with Denham. Statements made during n Minnick v. Mississippi, I the II1ltlate custodial interrogation of the subsequent interview ultimately U.S. Supreme Court announced suspects who had previously invoked led to Minnick's prosecution for I a rule of law that could have a the right to counsel. murder. substantial impact on the way many This article examines the Min• Prior to trial, Minnick moved law enforcement agencies conduct nick decision and assesses its im• to suppress his statements made to custodial interrogations. Specifically, pact. It also suggest. legiti mate steps Denham. That motion was denied the Court severely curtailed the law officers can take to limit its adverse by the trial court, and Minnick was enforcement officer's ability to re­ effects on criminal investigations. sentenced to death after being found

28/ FBI Law Enforcement Bulletin ------______guilty on two counts of capital mur• " ... once a suspect der. Minnick's conviction and en• invokes the right to tence were upheld on appeal by the counsel...law Mississippi Supreme Court. 4 How• ever, on review,s the U.S. Supreme enforcement officers are Court reversed the conviction. prohibited from initiating further custodial The Court's Analysis interrogation involving The fifth amendment to the the original crime or any U.S. Constitution provides in part that "no person ...shall be compelled other criminal act.... in any criminal case to be a witness against him self.. .. "6 Over 2 decades ago, the Supreme Court in Miranda Special Agent Crawford is a legal instructor 7 " v. Arizona held that custodial inter• at the FBI Academy in Quantico, Virginia rogation of an individual creates a psychologically compelling atmos• phere that works against this fifth amendment protection.s and attempt to secure a waiver de• sarily carries with it a different set In other words, the Court in pends on which rights the individual of procedural safeguards. Obvious• Miranda presumed that an individ• has invoked. ly, a uspect invoking the right to ual in custody undergoing police In Michigan v. Mosley, I I the coun el is not simply asking for interrogation would feel compelled Supreme Court essentially interpreted time to asse s the situation; he is, to respond to police questioning. the invocation of the right to silence instead, requesting the assistance of This compulsion, which i a by• as a request for time so a suspect an attorney. Whether thi request is product of most cu todial interro• could think clearly about the situ• satisfied by giving the suspect an op• gation ,9 directly conflicts with an ation. If the suspect's initial request portunity to consult with an attorney individual's fifth amendment pro• is scrupulously honored, the Court or requires the actual presence of an tection agai nst self-incrimination. held that attempts to reinterrogate attorney during questioning was the Accordingly, the Court developed may occur if given the time asked issue before the Court in Minnick. the now-familiar Miranda warnings for, or if he indicate, by initiating Minnick's motion to suppre s a a means of reducing the com• communi cations, that he had enough the statements made to Denham was pul sion attendant in cu todial inter• time to think and has changed his based on his claim that under the rogations. The Miranda rule requires mind. fifth amendment, 1:1 the earlier invo• that these warnings be given and the As a result, reinterrogations cation of his right to counsel during embodied rights waived prior to the following an invocation of the right the FBI interview precluded Den• initiation ofcu todial interrogations. to silence are deemed appropriate if: ham from making any . ubsequent If Miranda warnings are given, I) A reasonable period of time has attempts to question him in the ab• and individuals in custody choose to elapsed; 12 or 2) interrogation was sence of counsel. In opposition, the exercise their rights by invoking either initiated by the suspect. In either government argued that Minnick's the right to silence or counsel, the case, any renewed attempts to inter• fifth amendment rights had been Court has held that all interrogations rogate a suspect must be preceded by satisfied when he was given the mu t cease immediately.lo Whether, a fresh warning of Miranda rights opportunity to consult with his coun• and under what conditions, law en• and a waiver of those rights. sel on two or three occasions prior to forcement officers may subsequently An invocation of the right to meeting with Denham. In order to readvise an individual of his rights counsel, on the other hand, neces- resol ve this issue, the Supreme Court

------______September 1991 129 found it nece ary to revi it the had actually con ulted with an attor• 2) the suspect changes his mind and Miranda decision and it progeny to ney, but only that he had been af• reinitiates the interrogation. 19 Be• determine when, if ever, law en• forded the opportunity to do so. The cause the first alternative is frequently forcement officers may reinitiate Supreme Court, however, held that unpalatable and the second unlikely, interrogation of an in-cu tody sus• uch an interpretation of Edwards cu todial reinterrogations after re• pect who has invoked the right to was both unintended and inconsis• quests for counsel may quickly be• counsel. tent with Miranda. Therefore, the come rare. Court concluded that "when counsel Although not specifically ad• Miranda Revisited is requested [by a suspect in cus• dressed by the Supreme Court, it i In Miranda, the Court held that tody], interrogation must cease, and important to note that the rule in "once an individual in custody in• officials may not reinitiate interro• Minnick will undoubtedly apply vokes his right to counsel, interroga• gation without counsel present, regardless of the crime that is the tion 'must cea e until an attorney is whether or not the accused ha con• intended topic of the reinterroga• present'; at that point, the 'individ• sulted with his attorney."I S Apply• tion. 20 In other words, when an indi• ual mu thave an 0ppOltunity to confer ing this rule to the facts in Minnick, vidual i advised of his Miranda with the attorney and to have him the Court found that because Min• rights and invokes the right to present during any ubsequent ques• nick had invoked hi right to counsel coun el , he is not simply aying tioning.' " 14 Later, in Edwards v. during the FBI interview and Dep• that he will not deal with the police Ari ;:'OIW , 15 the Supreme Court at• uty Sheriff Denham subsequently about the crime for which he has tempted to clarify its holding in Mi• reinitiated interrogation without been arrested without the assi tance randa by announcing the following counsel being present, Minnick's of an attorney. Rather, a request for rule: counsel under these conditions im• "... an accused... , having plies that the individual will not deal expressed his de ire to deal with the police on any criminal mat• with police only through ter without the benefit of counsel. counsel, is not subject to ...Iawenforcement Consequently, once a suspect in• further interrogation by the vokes the right to counsel under the "officers should be fifth amendment, law enforcement authorities w1Iil counsel has been made available fo him, extremely careful officer are prohibited from ini• unless the accused him elf when documenting tiating further custodial interroga• initiates further communica• an invocation of tion involving the original crime or tion. exchanges, or conversa• rights. any other criminal act without com• tions with the police."(() plying with the dictates of Minnick (emphasis added) by having the suspect's attorney present. Following Edwards, many Moreover, the rule in Minnick courts focused on the expression " rights under Miranda had been vio• appears to be perpetual; once a sus• "made available to him" and con• lated, and the re ulting statements pect in custody invoke ' the right to cluded that the rule simply required must be suppressed. counsel, the prohibition against re• that a suspect in custody who had interrogation remains in effect as invoked the right to counsel be given Impact of Minnick long a custody continues. Conceiva• the opportunity to consult or confer As a result of Minnick , law bly, a suspect who invokes the right with his attorney before law enforce• enforcement officers will be unable to counsel during the early stages ment officers could lawfully attempt to interrogate a suspect in custody of custody and is thereafter unable to reinterrogate him. I? Under this once that suspect has invoked the to make bond could be shielded interpretation, there would be no right to counsel unless: I) The sus• from all fUlther interrogation through• necessity to show that the suspect pect's attorney is actually present; or out the remainder of the pro ecution

30 / FBI Law Enforcement Bulletin ------• of the case and for as long as he is but the officers are unsure of which be given at that time and the interro• incarcerated.21 right is being invoked, the officers gation should cease. could conceivably follow up by asking However, a subsequent attempt Limiting the Adverse Effects of the uspect if he i ,in fact, invoking to interview a suspect could be made Minnick the right to silence. Ifa suspect gives after waiting a rea onable period Writing the dissenting opinion in Minnick, Justice Scalia recognized the far­reaching effect ofthe Court's decision on law enforcement when he made the following statement: "Today's ru ling, that the ...Iaw enforcement officers should be certain invocation of a right to "they know which right a suspect is invoking. counsel permanently prevents a police­in itiated waiver, makes it largely impossible for the police to urge a " pri oner who ha initially declined to confess to change his mind­or indeed, even to an affirmative response, then offi• of time, since only the right to si• ask whether he has changed cers should immediately stop ques• lence was invoked. By refraining his mind."22 tioning. However, ince only the from advising a suspect of the right right to ilence has been invoked, a to counsel until the right to silence While the Minnick decision may second attempt to obtain a waiver has been waived, the law enforce• hamper law enforcement efforts to may be made after waiting a reason• ment officer may reduce the possi• conduct custodial interrogations, able period of time. bility that the rule in Minnick will be there are certain legitimate steps Similarly, when a su pect is triggered. law enforcement officers can take being read his rights for the first Along these same lines, law to limit its adver e effects on crimi• time, it may be best to avoid encour• enforcement officers should be ex• nal investigations. aging a blanket invocation of rights tremely careful when documenting The first step law enforcement that could occur if the entire list of an invocation of rights. Because the officer should take is to ensure that rights is given before inquiring procedural safeguards offered to a they under tand and take advantage whether the suspect wishes to waive suspect depend on the specific right of the procedural differences that or invoke any or all of them. There is invoked, officers should maintain are required when a suspect invokes nothing in the rule to preclude the accurate records indicating the ac• the right to si lence as opposed to in• suspect being told first that he has tual language a suspect used to in• voking the right to counsel. Because the right to remain silent and then voke hi rights. By doing so, officers there is a significant difference be• asked whether he wishes to waive will later be able to establish which tween the procedural protections that right. right was invoked and demonstrate offered to a suspect who invokes the [I' the suspect indicates a desire that they afforded the suspect the ap• right to counsel and one who merely to waive the right to silence, then he propriate safeguards. expresse a desire to remain silent, should be advised of the remainder Finally, law enforcement offi• law enforcement officers should be of his rights and asked whether he cers should be careful not to apply certain they know which right a wishes to waive those rights as well. this ru le in instances where it is not suspect is invoking. If, fo ll owing the If, on the other hand, the suspect is required. For example, if a suspect advice of rights, the suspect's re• first advised of the right to remain makes a request for counsel at ajudi• sponse leads officers to believe that si lent and choose to invoke that right, cial proceeding, as opposed to dur• the suspect is invoking his rights, then no further advice of rights need ing custodial interrogation, police

------September 1991 / 31 are not barred from interviewing that Conclusion " In Mosie\', 2 hours were considered to be a sufficient peri od of time. Id. su pect concerning other uncharged The Supreme Court' s decision 11 Minnick al so claimed that the stateme nts offenses. in qucsti on werc takcn in viol ati on of hi s sixth in Minnick is li kely to q use many amendme nt ri ght to counsel. Rcversing The Court in Minnick based law enfo rcement agencies to change Minnick's convicti on on fifth amendmcnt its decision on Miranda, whi ch is grounds, the Court fo und it unnccessary to their poli cies and practi ces regard- address the sixth amcndmcnt issue. intended to govern custodi al interro- ingcustodi al interrogati on . No longer 14 Minnick, slIpra note 1, at 489, quoting gati ons and protect the fifth amend- Miranda, supra note 2, at 474. will law enfo rcement officers be " 451 U.S. 477 ( 198 1). ment pri vilege against elf­incrimi - Ih Id. at 485, 486. nation. Minnick doe not appl y when 17 See, e.g .. Unired Stares v. Skinner, 667 F.2d 1306 (9th Cir. 1982), cerro denied, 103 the ri ght invoked is the sixth amend- S.O. 3569 ( 1983), (court found defendant who ment ri ght to coun sel. was relea,cd aftcr requesting counsel, then re- arrested, had the oppotlunity to com,u lt wi th In Michigan v, Jackson,23 the Minnick does not counsel , and therefore, hi s ri ghts were satisfi ed). Court held that an individual 's re- apply when the See also, Unired Stares v. Ha l/ida )', 658 F.2d " 11 03 (6t h Cir. 1980), ce rr. denieci, 102 S.O. 978 quest for the appointment of coun el right invoked is the ( 198 1 ). at an initial appearance constitutes " Minllick, supra note I, at 49 1. sixth amendment I. In Millllick, the Court stated that "Edll'ards an invocation of the sixth amend- does not foreclose findi ng a waiver of Fifth ment ri ght to counsel, whi ch onl y right to counsel. Amendment protecti ons a fter counsel has becn requested, providcd the accused ha initiated the preclude police­initiated interroga- conversati on or disc ussions with the authori - tion regarding the crime for whi ch ti es .. .. " Millllick, sllpra note I, at 492. ' " See, Arizona v. Roberson, 108 S.O. 2093 the individual wa charged,24 And ( 1988), where the Supreme Court held that the recently, in McNeil V. Wisconsin ,25 permitted to reinitiatecustodi al inter- a sen ion of the ri ght to counsel is effecti ve " again . t all topics of custodi al interrogation. the Court reaffirmed th at the invoca- rogation of a suspect who had previ- " In a pri son sell ing, the perpetuality of this tion of the sixth amendment ri ght to rule could make it vinuall y impossibl e to ously invoked the ri ght to counsel conduct routine interrogations of inmates counsel at issue in Jackson is crime- without hav ing the suspect's attor- suspected of commill ing new crimes without pecific and does not make suspects having an allorney on hand to represent the in- ney pre ent. When assessing their mates' interests. "unapproachable by poli ce officers policie , however, law enforcement " Millnick, slIpra note I, at 496 (Scali a, J., suspecting them of in volvement in di sse ntin g). agencies should be careful to keep " 106S.0. 1404 ( 1986). other crimes, even though they had Minnick in it proper fifth amend- " The Court in Jacksoll found that the rul e in never expressed any unwillingnes Edwa rds applied in the sixth amendment ment perspective and consider vari- contexl. Consequently, it can be deduced th at to be questioned." 26 ous options, such a the suggestions reinterrogalion woul d be permilled in the sixth Thus, a suspect who in vokes amendment context if initiated by the suspect or di cussed above, that could limit the done in the presence of the suspect's allorney. the sixth amendment ri ght to coun - effect of the rul e. " _ S.O ._ ( 199 1 ). sel by requesting the appointment of '" _ S.O ._, _ ( 1991) Footnotes " At the prese nt time, it is unclear whether a an attorney at an initial appearance non­custodial suspect, who previously in voked cannot, thereafter, be subj ected to I 111 S.O. 486 ( 1990) (herc in arter cited as hi s sixth amendment ri ght to coun sel, could be Minnick ). requested to waive that ri ght without hav ing an poli ce­initiated interrogati on regard- ' Miranda v. Ari:ona. 38.. .S. 436 ( 1966) allorney pre. Cill . Becausc Edll'ards has been ing the crime fo r which he has (hercinarter c itcd as Miranda). applied in the sixth amendment context, and ' Thc FB I report indicates Minnick waived Minllick is simply an interpretati on of Ed ll '(l rd ~ , been chargedY However, because hi s ri ght , and said hc would not answer "very it would appear that the rule in Millllick could the su pect' s in vocati on of the ixth man l qucsti ons, Minnick. slIpra note I, at ..88. preclude any po li ce­initiated allempts to obtain J Minllick v. S/(Il e. 55 1 So.2d 77 (Miss. a wai ver of a prcviously in vokcd sixth amendment ri ghts is not the sa me as 1988). amcndmcnt ri ght to coun scl outside the an in vocati on of the fifth amend- ' The Supreme COlirt granted ccrti orari at prescnce of the suspect's all orncy. 110 S. I. 1921 ( 1990 ). ment ri ghts, Minnick would not • U.S. Consl. Amc nd . V . 7 Miralllia. Slipi'll note 2. Law enforcement officers of other than preclude police­initiated interroga- ' Id. at 436. Federal j urisdiction who are interested in this tion on unrelated matters, as long as '/ Not all forms of cll stodial intcrrogat ion article should consult their legal advisor. crcate the compcll ing atmosphcrc that Mirwula Some police procedures ruled permissible the Miranda safeguard s for custo- was dcsignccito protcct again, 1. See, e.g .. underFederal constitutional laware of di al interrogati on are sati sfie I. Illin ois v. Perkins. 110 S.O . 239 .. ( 1990). questionable legality under Sta te lawor are III Mirando, .\·lIllra note 2. at 474. not permitted at all. " ­1 2:\ U. S. 96 ( 1975 ).

32 / FBI Law Enforcement Bulletin --______The Bulletin Notes

Law enforcement officers ~re challenged daily in the performance of their duties; they face ea,?h challenge freel~ and un~elflshly while answering the call to duty. In certain instances, their actions. warra~t special attentlo.n from their respective departments. The Bulletin also wants to recognize their exemplary service to the law enforcement profession.

Sgt. W. Joseph While on patrol with his field training Trombley of the Fort Ed• officer during a severe rainstorm, Corporal ward, New York, Police Cornell Ellis of the Fairfax County, Vir• Department and another ginia, Sheriffs Office came upon a vehicle patrolman were attempting that was precariously balanced on its side to restart a stalled police in a traffic lane. Corporal Ellis, who is an cruiser when the engine emergency medical technician, immediate• exploded. Burning gasoline ly ran to the vehicle to check the driver for sprayed onto the patrolman, injuries, after which he radioed his condi• engulfing him in flames. tion to the Emergency Operations Center Sergeant Trombley quickly and administered first aid. When the vic• exited the vehicle, and after tim, who had suffered head and spinal in• knocking the patrolman to juries, started to have a seizure, Corporal the ground, smothered the Deputy Ellis Ellis stabilized him. He continued to care flames. Sergeant Trombley for the injured driver until rescue units then transported the seri• arrived. ously injured officer to the hospital, where he was treated. Officer Michael Jarabek of the Sag• inaw, Michigan, Police Department re• sponded to the report of an armed individ• ual walking down a city street. Even though he did not observe any weapon as he approached the subject, Officer Jarabek began a field interrogation. When the sub• ject failed to respond to his questions, Officer J arabek started to check him for weapons. At this point, the subject drew a handgun from his pocket and began shoot• ing, striking Officer Jarabek in the back and arm. Two additional shots to the chest OfficerJarabek were deflected by the officer's safety vest. As the subject attempted to flee the scene, Sergeant Trombley Officer Jarabek returned fire and subdued the assailant, thereby preventing him from harming others. u.s. Department of Justice Second Class Mail Federal Bureau of Investigation Postage and Fees Paid Federal Bureau of Investigation ISSN 0014-5688

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