March 2009

Terrorism Prevention March 2009 Volume 78 Number 3

United States Department of Justice Federal Bureau of Investigation Washington, DC 20535-0001 Robert S. Mueller III Director Contributors’ opinions and statements Features should not be considered an endorsement by the FBI for any policy, program, or service. The attorney general has determined Prevention All law enforcement agencies play that the publication of this periodical an important role in thwarting heinous is necessary in the transaction of the By William McCormack 1 public business required by law. Use acts of terrorism. of funds for printing this periodical has been approved by the director of the Office of Management and Budget. Job Sharing Flexible work schedules may offer The FBI Law Enforcement Bulletin a viable option that can help law (ISSN-0014-5688) is published By Lisa Perrine 14 monthly by the Federal Bureau of enforcement agencies recruit and Investigation, 935 Pennsylvania retain valuable employees. Avenue, N.W., Washington, D.C. 20535-0001. Periodicals postage paid at Washington, D.C., and additional Avoiding Sixth Amendment Officers must distinguish the protections mailing offices. Postmaster: Send Suppression of the Sixth Amendment with the right to address changes to Editor, FBI Law 23 counsel under the Fifth Amendment’s Enforcement Bulletin, FBI Academy, By Kenneth A. Myers Law Enforcement Communication Unit, privilege. Hall of Honor, Quantico, VA 22135.

Editor John E. Ott Associate Editors Departments Cynthia L. Lewis David W. MacWha Bunny S. Morris 8 Police Practice 20 Focus on Forensics Art Director Denise Bennett Smith Organizational Ethics The Effects of DNA Advances Assistant Art Director Through Effective Leadership on Police Property Rooms Stephanie L. Lowe Staff Assistant 12 Bulletin Reports 22 Leadership Spotlight Cindy L. Blackstone Teen Violence Leaders Make a Connection The Training Division’s Law Enforcement Communication Unit Intimate Partner Violence produces this publication with Teen Marijuana Use assistance from the division’s National Academy Unit. Issues are available online at http://www.fbi.gov.

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Send article submissions to Editor, FBI Law Enforcement Bulletin, FBI Academy, Law Enforcement Communication Unit, Hall of Honor, Quantico, VA 22135.

ISSN 0014-5688 USPS 383-310 State and Local Law Enforcement Contributions to Terrorism Prevention By WILLIAM MCCORMACK, J.D.

© shutterstock.com n April 12, 1988, New ordered Kikumura to stop and Subsequent evidence at Jersey State Trooper then observed fresh burn marks Kikumura’s trial proved that he O Robert Cieplensky on Kikumura’s neck, bandages was a member of the Japanese entered the Vince Lombardi on his neck and hands, and a Red Army, a violent terrorist service area of the New Jersey black bag in the car that con- organization that trained in the Turnpike. He noticed a man tained seven empty gunpowder Bekaa Valley of Lebanon and later identified as Yu Kikumura canisters. After noticing other had connections to Libyan twice begin to walk from his car questionable items in the vehi- terrorist aims. As noted by the to the service area, only to re- cle, he arrested Kikumura. Un- U.S. district court judge in the turn to his vehicle abruptly after beknownst to Trooper Cieplen- case, “But for the alert and making eye contact with him. sky, he had just uncovered three professional conduct of Trooper After Kikumura exhibited more lethal, homemade firebombs Cieplensky, Kikumura would suspicious behavior, he began to prepared for a major terrorist have succeeded in murdering drive away. Trooper Cieplensky bombing on U.S. soil.1 and maiming countless numbers

March 2009 / 1 of people for no other reason living in Brooklyn, New York, of his opposition to U.S. sup- than they are Americans.”2 informed officers of the New port for Israel. Abu Mezer Since 9/11, the U.S. gov- York City Police Department also admitted that he was with ernment’s efforts to prevent that his roommates, Lafi Khalil Hamas and planned to bomb terrorist acts have substantially and Gazi Ibrahim Abu Mezer, a subway at 8 a.m. on July 31, increased and included many had bombs in their apartment 1997. He advised that when aspects of government policy, and planned to detonate them he realized the police were in such as military, immigration, soon. According to Mossabah, his apartment that morning, he economic, intelligence, and law Abu Mezer was angry about the wanted to blow himself up.4 enforcement. Terrorism preven- situation in Jerusalem and Pal- This case clearly illustrates a tion has been a long-standing estine and planned to detonate community’s law enforcement mandate of the FBI. Moreover, the bombs in a crowded subway presence as an important link in the approximately 800,000 state or bus terminal. thwarting a large-scale terrorist and local law enforcement of- On July 31, 1997, officers attack. Quick police action in an ficers like Trooper Cieplensky entered Abu Mezer and Khalil’s extremely dangerous situation are on the front lines of this apartment, shooting and wound- likely saved lives and prevented mission. They are the eyes and ing both of them after one dove an imminent bombing.5 ears of the community and na- to grab an officer’s gun. Offi- tion and play an essential role cers also believed that the sus- Rural Locations in preventing heinous acts of pects were lunging to detonate Some local or state officers terrorism.3 the bombs in the apartment. may believe that most interna- Subsequent interviews with tional terrorism cases are like Community Eyes and Ears Abu Mezer indicated that he the Khalil case, affecting only On July 29, 1997, Abdel- had made five bombs to kill as big cities, such as New York, rahman Mossabah, who was many Jews as possible because Washington, D.C., and Los Angeles. However, many inter- national and domestic terrorists have contact with officers in rural areas all over the coun- try. For example, on Septem- ber 29, 2001, Deputy Sheriff Any police encounter Mark Mercer of the Skamania “ County, Washington, Sheriff’s or perceived presence Office was dispatched to a can potentially gravel pit in a rural area after a slow down or neighbor heard rapid gunfire. prevent an attack. Deputy Mercer was alone as he approached the gravel pit and observed a group of men shoot- ing firearms. He approached Special Agent McCormack serves in the the group, talked to them, and Behavioral Science Unit at the FBI Academy. ” wrote a police incident report

2 / FBI Law Enforcement Bulletin that included the identities of cop was cool” and a “gun guy,” After Kabbani provided a suspi- the individuals. they decided not to kill him. cious story concerning his trav- Among others, Deputy Mer- Eventually, seven individuals els, the chief took him to immi- cer identified Ali Khalid Steitiye were indicted in this case and gration authorities at the border as one of the shooters. Steitiye pled guilty to terrorism-related where he provided inconsistent was a convicted felon and charges. In addition to attempt- statements. Chief Jewett then eventually indicted in Oregon ing to get into , went back to where he first saw on firearms charges. After the Battle expressed interest in Kabbani and located the black Skamania County sheriff saw a targeting Jewish schools and duffle-type bag he had hidden. news report on this indictment, synagogues in the Portland area. He brought the bag back to the he called the FBI’s Portland, Proactive police work also border crossing where officials Oregon, office to advise them of uncovered and prevented an in- searched it and found an explo- Deputy Mercer’s report, which ternational terrorist plot in rural sive device inside. was a critical piece of informa- Richford, Vermont, in 1987. On This discovery also led to tion leading to one of the United the night of October 23, 1987, the arrest of Kabbani’s cocon- States’ most important post-9/11 spirators, Mourad and Younan, terrorism investigations, the the next day. Subsequent infor- Portland Seven case. Subse- mation determined that the three quent investigation determined were members of a Lebanese that the group, which referred to …state and local terrorist group on an unknown itself as Katibat Al-Mawt (the law enforcement mission in the . squad of death), attempted to officers…are on the The assistant U.S. attorney in enter Afghanistan in October “front lines of this the case stated that the chief’s 2001 to fight U.S. troops. Taped mission. solid police work and ability to conversations with one of the follow his instincts most likely defendants, Jeffrey Leon Battle, prevented a terrorist attack. revealed that members of the The Portland Seven case group had considered killing and the Kabbani case clearly Deputy Mercer when he en- a local police chief, Richard show that international terror- countered them in the gravel pit Jewett, saw an unknown per- ism is not just a big-city prob- but decided against it because of son, later identified as Walid lem. Officers performing duties his demeanor. Battle stated to a Kabbani, walking with a black” in rural areas of the United cooperating source, “We was up duffle-type bag. After passing States have proven essential there blowin’ it up…. We was Kabbani, Chief Jewett noticed in preventing such acts from lightin’ it up…. We looked at it a van parked with its lights off. occurring on U.S. soil. as worship because what our in- He approached the van and gave tentions were, to learn to shoot directions to two men, Walid Involvement in for. And a cop came up, and Mourad and George Younan, Criminal Acts he was like hey…. You don’t and then went back to look for Law enforcement instincts understand how close he was Kabbani. He located Kabbani also played a role in disrupting gonna get popped....”6 Battle and questioned him about his a terrorist-financing case. In later indicated that because “the reasons for being in Richford. early 1995, Detective Sergeant

March 2009 / 3 Robert Fromme of the Iredell state and local officers in the The investigation led to Kevin County, North Carolina, Sher- most advantageous position to James who formed JIS while in iff’s Office was working off detect their activities prior to an prison and recruited another in- duty in uniform at a discount attack. mate, Levar Washington. Once tobacco shop when he observed Another example includes Washington was released from Middle Eastern individuals the Jami’iyyat Ul- Is- prison, he enlisted others into carrying $20,000 to $30,000 Saheeh, or JIS, terrorist cell in the group, and they began their in cash in plastic grocery bags California. Law enforcement of- armed robbery spree. Targets into the store to buy cartons ficials investigating a July 2005 identified for attack included of cigarettes.7 During the next gas station robbery in Torrance, military recruiting stations and few months, Detective Fromme California, found a cell phone a list of Jewish sites in the Los documented this activity, which dropped during the crime. Angeles, California, area. In occurred almost daily. He real- December 2007, James, Wash- ized that by shipping the ciga- ington, and a third defendant, rettes to Michigan and avoid- Gregory James, pled guilty to ing the heavy tax in that state, conspiring to wage war against profits totaled over $13,000 per One of the most the United States. van load. difficult issues facing The JIS case demonstrates After Detective Fromme law enforcement a terrorist plot in the advanced brought the case to the Bu- “officers...is that the planning stages prevented by reau of Alcohol, Tobacco, and terrorist attacks they the watchful work of a local Firearms, the FBI became prevent may not police officer. Similar to Detec- involved in 1999. Investigators become apparent tive Fromme, Torrance police determined that the cigarette officers discovered this plot smugglers were using some of to them. while conducting an investi- the proceeds of their criminal gation into what they thought activity to fund Hizballah, a ter- was a criminal act unrelated to rorist group based in Lebanon. terrorism. This case, known as Operation Based on information in the Smokescreen, led to the indict- phone, police arrested suspects Joint Terrorism Task Forces ments of 26 individuals on and executed a search warrant The JIS and Portland Seven charges ranging from immigra- at their home where they found” cases also illustrate the impor- tion violations to racketeering, material concerning violent tance and effectiveness of the material support, and terrorism.8 Islamic extremism. The U.S. at- joint terrorism task force (JTTF) The FBI case agent in Op- torney in California, whose of- concept, which has been sub- eration Smokescreen stated that fice prosecuted the case, stated, stantially enhanced since 9/11. the defendants were full-time “This investigation worked Every FBI field office has at criminals and part-time terror- because street cops recognized least one JTTF that serves as a ists. This case demonstrates that the value of that material.”9 local or state law enforcement terrorists commit every crime The Torrance armed rob- agency’s point of contact for imaginable in the course of bery was the latest of about any terrorism-related infor- supporting themselves, terrorist a dozen perpetrated to gather mation. By combining efforts groups, and plots, often putting money to fund terrorist attacks. and leveraging resources, the

4 / FBI Law Enforcement Bulletin JTTF ensures that all terrorism officer unknowingly prevented tactics, the police frequently information is properly gathered one. sent all available officers to the and threats are immobilized. Even the 9/11 attack could border area to “make noise,” In the Portland Seven case, have failed because of some or make their presence known. the cooperating source who hurdle or roadblock posed by The chief did not know for recorded conversations with Jef- law enforcement. The 9/11 certain that these displays of frey Battle was developed by an Commission Report states that police presence were successful, Oregon state trooper on the task , the but he considered them use- force. The trooper found some- chief planner of 9/11, might ful. Some terrorism-prevention one within the Portland Islamic have cancelled the operation police work in the United States community who had access to if he had known of Zacarias is based on this same notion of Battle and was willing to as- Moussaoui’s arrest in Minneap- making noise. Police presence sist in the investigation. Those olis in August 2001. In addition, in subways or train stations, recorded conversations were tension existed between two of for example, may convince essential to understanding the the 9/11 pilots, and potential attackers to delay or intent of the cell and securing abandon their plans. Any police successful prosecution. © stockxpert.com encounter or perceived presence Each state and local partici- can potentially slow down or pant in a JTTF brings unique prevent an attack. abilities and information-shar- ing capacities extremely impor- Traffic Stops tant in the terrorism-prevention One of the most common mission. Many task force ac- ways a state or local officer complishments are by-products likely will encounter a terrorism of this collaborative effort that suspect is during a traffic stop. has proven instrumental in the Although the 9/11 hijackers disruption of numerous terrorist only were in the United States plots since 9/11. for relatively short periods of time, officers had stopped all Fragility of Plots . Jarrah flew to but one for various reasons. One of the most difficult Germany and saw his girlfriend On April 26, 2001, Mohamed issues facing law enforcement in late July 2001 and may have Atta was stopped pursuant to officers when serving as first been contemplating withdraw- a driver’s license checkpoint preventers, rather than first ing from the attack. and received a citation from the responders, is that the terror- While speaking at the FBI Broward County, Florida, Sher- ist attacks they prevent may National Academy, an Israeli iff’s Office for driving without a not become apparent to them. police chief stated that when license. Atta obtained a Florida Although it is difficult to mea- suicide attacks in Israel were at driver’s license 6 days later. sure such an intangible accom- their peak, Israeli police often He again was stopped on July plishment as the deterrence of would receive vague informa- 5, 2001, by the Delray Beach, a criminal or terrorist act, many tion that an attacker was on the Florida, Police Department and instances probably have oc- way to their jurisdiction to carry received a written warning for curred in which a state or local out an attack. Among other speeding. On 9/11, he piloted

March 2009 / 5 American Airlines Flight 11 as connection with a series of Terrorism Screening Center it hit the North Tower of the bombings, including one at the One of the most powerful World Trade Center. Olympics in Atlanta, Georgia; and important information-shar- flew Ameri- two at abortion clinics; and ing systems available to state can Airlines Flight 77 into another at a nightclub. At two of and local law enforcement is the the Pentagon on 9/11. He had the bombings, he left secondary Terrorism Screening Center, or received a speeding ticket from devices designed to kill first re- TSC, which maintains a con- the Arlington County, Virginia, sponders, and, at his last bomb- solidated database of the names Police Department on August 1, ing in 1998, an explosive device and identifying information for 2001. killed Officer Robert Sanderson. all known and suspected terror- Ziad Jarrah was at the con- ists. Information from this da- trols of United Airlines Flight tabase is entered into the FBI’s 93, which crashed in Pennsyl- National Crime Information vania on 9/11. A Maryland State Center (NCIC) and available Police trooper had stopped him These new instruments whenever a law enforcement for speeding on September 9, and the proactive officer runs a wanted query on 2001, as Jarrah made his way nature of state and a suspect. If officers encounter to Newark, New Jersey, where “local law enforcement someone in the database, NCIC Flight 93 originated. authorities…support most commonly advises them Two of the nation’s most an essential role in to conduct their investigative notorious domestic terrorists, - preventing future activity without letting the in Timothy McVeigh and Eric terrorism. dividual know they are listed as Robert Rudolph, were arrested a known or suspected terrorist. by police officers involved in These types of encounters can traffic stops and patrol duties. provide valuable information On April 19, 1995, Oklahoma about a terrorism suspect, such Highway Patrol Officer Charles In 1998, Rudolph was as travel patterns, companions, Hangar stopped McVeigh, who named as a suspect in the bomb- and other information gathered was leaving the Oklahoma City ings, and a massive manhunt” by the officer. In rare circum- area after bombing the Alfred began that centered on his home stances, the NCIC entry will P. Murrah Federal Building. in Murphy, North Carolina. On request the arrest or detention of McVeigh had no license plate May 31, 2003, nearly 5 years suspects based on their terrorist on his car, and Patrol Officer later, Officer Jeffrey Postell acts. However, in the majority Hangar subsequently arrested of the Murphy Police Depart- of cases, the encounter with a him for carrying a loaded fire- ment was investigating a pos- known or suspected terrorist in arm. Just before his release on sible burglary behind a grocery the TSC database serves as a the gun charge, the FBI iden- store at 4 a.m. He turned off tool to collect information for tified him as a suspect in the his patrol car lights, quickly officials to use in intelligence bombing and located him in jail. drove around the building, and analysis and possible criminal Eric Rudolph, more com- surprised Rudolph, who was prosecution. monly known as the Olympic looking for food in the store’s The potential power of the Park Bomber, was wanted in dumpster. TSC is evident in one of the

6 / FBI Law Enforcement Bulletin missed opportunities prior to These new instruments and the 9/11. Nawaf Alhazmi, one of proactive nature of state and Wanted: the hijackers aboard United local law enforcement author- Photographs Airlines Flight 93, was known ities have played and will to U.S. intelligence agencies continue to support an essen- prior to 9/11 and listed in a U.S. tial role in preventing future Department of State database terrorism. for terrorists. On May 1, 2001, Alhazmi reported to the Fairfax Endnotes County, Virginia, Police Depart- 1 U.S v. Kikumura, 918 F.2d 1084 (2nd ment that he was the victim of Cir. 1990). 2 U.S. v. Kikumura, 706 F. Supp. 331 an assault. Officers took a report he Bulletin staff is on the incident but were not (D.N.J. 1989). 3 For additional information, see T always looking for aware that Alhazmi was known Earl M. Sweeney, “The Patrol Officer: dynamic, law enforcement- to U.S. intelligence as a pos- America’s Intelligence on the Ground,” related photos for possible sible al Qaeda member. Today, FBI Law Enforcement Bulletin, September publication in the magazine. an individual like Alhazmi will 2005, 14-21. We are interested in photos be in NCIC, advising officers 4 U.S. v. Khalil, 214 F.3d 111 (2nd Cir. that visually depict the many 2000). - running a wanted query that 5 aspects of the law enforce The Khalil case led to an investigation ment profession and illustrate they are dealing with a known by the U.S. Department of Justice, Office or suspected terrorist. of the Inspector General, concerning im- the various tasks law enforce- migration issues surrounding Abu Mezer ment personnel perform. Conclusion and Khalil. The Inspector General’s report We can use color prints, The ways in which state and in March 1998, “Bombs in Brooklyn: How digital photographs, or slides. local law enforcement person- the Two Illegal Aliens Arrested for Plotting It is our policy to credit pho- to Bomb the New York Subway Entered tographers when their work nel continue to assist in the and Remained in the United States,” con- effort to prevent terrorist at- appears in the magazine. cluded that the case exposed pervasive Contributors should send tacks is multifold and extremely and long-standing weaknesses in the duplicate, not original, prints immigration process. Abu Mezer illegally critical to thwarting atrocities as we do not accept respon- and protecting citizens. Officers entered the United States from Canada at least three times. After the third instance, sibility for damaged or lost always have been on the cutting Canada refused to take him back, and prints. Send photographs to: edge of this mission, and, now, Abu Mezer was released by the U.S. they have better tools at their immigration judge on $5,000 bail. Art Director disposal to sharpen that edge. 6 http://www.humanevents.com/article. FBI Law Enforcement php?id=12329 Bulletin Officers encounter known 7 and suspected terrorists in urban For additional information, see Robert FBI Academy Fromme and Rick Schwein, “Operation Hall of Honor areas, as well as rural ones. Smokescreen: A Successful Interagency With the growth of the joint Collaboration,” FBI Law Enforcement Quantico, VA 22135. terrorism task force concept and Bulletin, December 2007, 20-25. the information sharing of the 8 Ibid; and Dean T. Olsen, “Financing Terror,” FBI Law Enforcement Bulletin, Terrorism Screening Center, ob- February 2007, 1-5. taining and analyzing informa- 9 “Thwarting Terror,” Newsweek, tion is substantially enhanced. December 15, 2007.

March 2009 / 7 Police Practice

Organizational Ethics Through repetition, this emphasis can become as much a part of day-to-day functioning as the Through Effective Leadership agency’s policies and procedures. By Brandon V. Zuidema, M.S., and H. Wayne Duff, Jr., M.S. Law enforcement leaders can encourage ethical behavior among personnel in several ways. First, they should incorporate these ideals into the mission and values of the organization. The Lynch- burg, Virginia, Police Department’s (LPD) stated values consist of leadership (includes the desire to do the right thing), professionalism (part of which is lawful and ethical behavior), and dedication. And, employees easily can recall these terms be- cause they coincide with the agency’s initials. LPD prominently displays these values for community members and officers to see daily on the depart- ment’s police cars, brochures, and Web site.1 Second, leaders can make the focus on ethical behavior part of organizational functions, such as formal events and internal training sessions. For instance, at every public ceremony it holds, LPD invites all sworn law enforcement officers to recite © iStockphoto.com the International Association of Chiefs of Police (IACP) Oath of Honor. Public and private remind- ers of the importance of values, such as ethical embers of the law enforcement profes- behavior, lend them long-term credence. M sion find it disheartening when officers Third, departments can emphasize ethical be- make unethical decisions. And, studies pertaining havior in their organizational philosophy. LPD has to police corruption and dishonest behavior have remained committed to community policing and not resulted in a consensus concerning why the its focus on empowering officers to make decisions issue exists or how best to address it. However, an and solve problems individually and jointly with organization’s prevalence of corruption can cor- citizens. In this approach, leaders accept officers’ relate with the quality of its leaders. To this end, errors, or bad decisions, as part of the learning agencies should strive to develop strong, ethical process. Agencies must recognize that if their leadership to deter this problem in their ranks. personnel do not make mistakes, they are not do- ing anything. When people take risks, failures will Facilitating an Ethical Workforce occur. To encourage ethical behavior amidst both To help discourage corruption among law right and wrong decisions, leaders must differenti- enforcement personnel, departments must incor- ate between “mistakes of the head” (honest errors porate an organizationwide emphasis on ethical resulting from a lack of training or experience) and behavior, beginning with leaders. However, this “mistakes of the heart” (based on unethical deci- does not entail a “do this or else” approach but, sions) and deal with each appropriately.2 rather, an understanding of what constitutes ethical Finally and, perhaps, most important, agencies decision making and why it is critical to policing. should not tolerate unethical behavior or decision

8 / FBI Law Enforcement Bulletin making. That may seem to oversimplify the issue, the forefront of a department’s strategic planning but, in reality, it does not. One instance of unethical efforts. The majority of programs now found in conduct not dealt with appropriately can overturn law enforcement include classroom sessions on all efforts at instilling the importance of ethical be- leadership philosophy and traits, ethical behavior havior. Organizational policy and procedure must and decision making, and employee development clearly dictate that unethical conduct will not be and discipline. Many initiatives also focus on tolerated, and leaders must deal with such behavior issues more closely tied to supervision, such as consistently. critical incident management, supervisory liabil- ity, and media relations, thereby encouraging more Developing and Maintaining effective leadership among emerging supervisors. Ethical Leadership While developing such a program may seem Agencies must focus their attention on both achievable only by large organizations with vast developing new leaders and maintaining the training budgets, this is not the case. In 2002, LPD effectiveness of existing ones. Leadership can be recognized its pressing need to introduce new and defined as “an individual’s ability to influence, developing leaders to many of the concepts previ- motivate, and enable others to contribute toward ously provided only through informal mentoring an organization’s success.”3 Effective leaders or advanced training of police command staff. care about fellow employees, the department, and While informal mentoring can prove successful, the community. They must be agencies cannot afford to rely ethical and possess the desire on it to ensure the development and ability to do the right thing of their leaders. At the same no matter how hard it is.4 time, most departments cannot In terms of developing new or do not commit to the cre- leaders, a virtual explosion “…departments must ation and support of a formal of leadership training has oc- incorporate an mentoring program for leaders. curred in law enforcement over organizationwide This results in a tremendous the past 5 years. Organizations, emphasis on ethical void in a critical component of such as the IACP; the Virginia behavior…. agency success. Association of Chiefs of Police With the cooperation of (VACP)—through its training the Central Virginia Criminal arm, the Virginia Police Chief’s Justice Academy, LPD moved Foundation; and numerous lo- ” forward with developing and cal law enforcement agencies implementing a program aimed and criminal justice academies, have implemented at providing meaningful training for new law en- training aimed at developing new leaders, not forcement leaders. The agency identified a 24-hour just supervisors. Recognizing the need to enhance combination of leadership, ethics, and supervisory leadership development efforts, agencies must training components for developing leaders in the nurture and mentor up-and-coming individuals 62 departments represented in its regional acade- who eventually will lead the organization. This my. LPD used existing relationships with a number supports effective succession planning. of law enforcement and academic professionals Constant improvement of leaders, the agency, to identify instructors and make the program a and community are critical. Therefore, leader- reality. Sessions cover many areas of leadership ship training and development must remain at and supervision.

March 2009 / 9 • “Laws of leadership” and traits of successful also developed a 2-day leadership course for the leaders Virginia Center for Policing Innovation, further • Effective communication evidence that organizations want to adopt a proac- tive approach to leadership development. From a • Team building budgetary standpoint, outside of time spent arrang- • Goals and objectives ing for instructors and appropriate lesson plans, • Ethics and ethical decision making LPD has committed no organizational or outside fiscal resources. • Employee development and dealing with problem personnel LPD has found that the officers who complete the training gain not only practical knowledge but • Generational issues for leaders and employees also increased confidence in their ability to lead • Stress management and supervise. They have a better recognition of their responsibility and the need to study leader- • Media relations ship and ethics to be effective law enforcement • Legal issues and supervisory liability leaders. The seemingly endless “revolving door” • Critical incident management of personnel (along with knowledge and experi- LPD also enhanced the program for its own ence) that agencies face highlights the importance personnel by developing an additional 16 hours of opportunities, such as this leadership training of training aimed at better preparing them for program. agency-specific leadership and supervisory- re sponsibilities. This portion comprises several ses- Encouraging Ethical Behavior sions: department mission and values; Lynchburg Agencies must do more than develop effective city government; Special Operations Division; leaders. Leadership instructors and mentors employee evaluation system; significant incident throughout academia have recognized the need to (internal affairs) investigations; accreditation; and remain flexible in how they lead, aware of new and unit overviews, including call-out procedures for unique approaches to leadership, and com- canine, communications, criminal investigations, mitted to ethical behavior no matter what chal- and vice/narcotics. lenges they face. Experts have made such sugges- Because of interest in the training, LPD con- tions as adapting leadership methods to employee tinues to prepare for new sessions. The authors behavior and “sharpening the saw” by routinely

Law Enforcement Oath of Honor On my honor, I will never betray my badge, my integrity, my character, or the public trust. I will always have the courage to hold myself and others accountable for our actions. I will always uphold the Constitution, my community, and the agency I serve.

Source: http://www.theiacp.org

10 / FBI Law Enforcement Bulletin reevaluating if leadership efforts accomplish what Conclusion agencies intend.5 One law enforcement authority While law enforcement agencies cannot com- pointed out the criticality of understanding the pletely eliminate corruption or mistakes of the changes in tactics, techniques, technology, and heart in the profession, leaders must concentrate on people.6 Leaders must understand these trends and strengthening their leadership skills and abilities to adjust to them as they are both significant and create an environment in which such unacceptable inevitable. As they deal with multiple generations behavior will occur less frequently and, when it of employees with unique needs and expectations, does, will not be tolerated. They must avoid getting leaders cannot assume that what proved effective caught up in the day-to-day tasks required of law yesterday will work tomorrow or even today in enforcement administrators that, while critical, terms of leadership and instilling ethical standards can adversely affect their leadership efforts. Lead- for the workforce. ers must acknowledge their mistakes and those of During the keynote presentation at the 2007 subordinates and learn from them. They also must VACP Annual Conference, the speaker empha- be willing to ask themselves if they are leading in sized the need for leaders a manner consistent with their to practice self-examination values and ethics, as well as and to make changes when those of their organization and necessary.7 This message was profession. powerful and timely as people Agencies must continue to hear of miscon- “ Endnotes focus their attention duct and corruption in law 1 http://www.lynchburgpolice.org on both developing 2 Samuel Feemster, “Spirituality: enforcement organizations. As new leaders and most agencies pursue some The DNA of Law Enforcement Prac- FBI Law Enforcement Bulletin form of community policing, maintaining the tice,” , effectiveness of November 2007, 8-17. the ability to establish strong 3 The authors base this definition partnerships and working re- existing ones. on their work and research in the area. lationships with citizens based 4 Feemster, 8-17. 5 on trust becomes more difficult Stephen Covey, The 7 Habits of Highly Effective People each time police officers make (New York, ” NY: Free Press, 2004); and Kenneth unethical decisions. Strong, Blanchard and Spencer Johnson, The effective leadership requires constantly stressing, One Minute Manager (New York, NY: William Morrow, 1982). among other things, ethical behavior and living by 6 Ronald Ruecker, “Working Together in the Year Ahead,” the Oath of Honor. To achieve this, agencies must The Police Chief, November 2007. 7 Stephen Gower, lecture given at the 2007 VACP Annual continually expose leaders to organizational and Conference in Williamsburg, VA. professional expectations of ethics and integrity to allow them to set high standards for their own Captain Zuidema serves with the Lynchburg, Virginia, behavior and that of their subordinates. LPD does Police Department and is an adjunct faculty member this through training during annual supervisors’ at Liberty University in Lynchburg. meetings, repeated emphasis on department values Captain Duff serves with the Lynchburg, Virginia, Police in goals and planning documents, and due dili- Department and is an adjunct faculty member at Liberty University and Central Virginia Community College in gence in investigating and addressing all incidents Lynchburg. of unethical behavior.

March 2009 / 11 Bulletin Reports

Teen Violence Violence by Teenage Girls: Trends and Context, an Office of Juvenile Justice and Delin- quency Prevention bulletin, examines the involvement of girls in violent activity, including whether it has risen relative to the increase for boys, and the contexts in which girls engage in violent behavior. Available evidence based on arrest, victimization, and self-report data suggests that although girls are arrested more for simple assaults than before, the actual incidence of their being seriously violent has not changed much over the past two decades. Increases in arrests may be attributable more to modifications in enforcement policies than to changes in girls’ behavior. Juvenile female involvement in violence has not increased relative to juvenile male violence. Although more information is needed, current literature indicates that girls’ violence occurs within five main contexts: peer, family, school, disadvantaged neighbor- hoods, and gangs. While a large increase in physical violence committed by girls does not appear to exist, some girls do engage in violent behavior. Understanding the context in which such violence occurs and how these situations differ for girls and boys remains vital for both preven- tion and intervention efforts. To obtain the complete report (NCJ 218905), access the National Criminal Justice Reference Service’s Web site at http://www.ncjrs.org.

Intimate Partner Violence Evaluation of the Judicial Oversight Demonstration: Findings and Lessons on Implementa- tion discusses the Judicial Oversight Demonstration (JOD) Initiative, an effort to improve the provision of services to victims of intimate partner violence (IPV), increase victim safety, and hold offenders more accountable. JOD activities were jointly funded and managed by the Office on Violence Against Women and the National Institute of Justice (NIJ). The Urban Institute conducted an independent, multisite evaluation under a cooperative agreement with NIJ. This report, part a of series of reports on JOD, reveals some of the findings of an evaluation of the initiative and presents lessons learned about implementing court-involved IPV prevention pro- grams. The complete report (NCJ 219077) can be obtained by accessing the National Criminal Justice Reference Service’s Web site at http://www.ncjrs.org.

12 / FBI Law Enforcement Bulletin Teen Marijuana Use According to a report from the White House Office of National Drug Control Policy (ONDCP), teen marijuana use can worsen depression and lead to more serious mental disor- ders, such as schizophrenia, anxiety, and even suicide. Although marijuana use among teens has dropped by 25 percent since 2001, more teens use marijuana than all other illicit drugs combined. Moreover, the potency of smoked marijuana has risen consistently over the past decades and higher potency translates into serious health consequences for teens. Teen Mari- juana Use Worsens Depression: An Analysis of Recent Data Shows “Self-Medicating” Could Actually Make Things Worse reveals that teens who smoke marijuana at least once a month are three times more likely to have suicidal thoughts than nonusers and that using marijuana can cause depression and other mental illnesses. In addition, while the percentage of depressed teens equals that of depressed adults, depressed teens are more likely to use marijuana and other illicit drugs. Furthermore, teen girls who use marijuana daily are more likely to develop depres- sion than those who do not use it, and depressed teens are more likely to engage in other risky behaviors, such as daily cigarette use and heavy alcohol consumption. ONDCP is urging parents to pay closer attention to their teen’s behavior and mood swings and to recognize that marijuana and other drugs could be playing a dangerous role in their child’s life. Parents can take some concrete steps to protect their teens from marijuana and other illicit drug use. • Look closely at behavior (moodiness may not be just a passing phase but could signal depression or drug use) • Recognize the warning signs of drug use and depression (carelessness with grooming, change in behavior and friends, loss of interest in daily activities, and withdrawal from family) • Be more involved (monitor activities, ask questions and know how teens spend their time, and set limits about drug use with clear rules and consequences for breaking them) For more information about what parents should know about the link between drug use and depression, visit http://www.TheAntiDrug.com. The complete version of Teen Marijuana Use Worsens Depression: An Analysis of Recent Data Shows “Self-Medicating” Could Actu- ally Make Things Worse can be accessed at http://www.theantidrug.com/pdfs/teen-marijuana- depression-report.pdf.

Bulletin Reports is an edited collection of criminal justice studies, reports, and project findings. Send your material for consideration to: FBI Law Enforcement Bulletin, Hall of Honor, FBI Academy, Quantico, VA 22135. (NOTE: The material in this section is intended to be strictly an information source and should not be considered an endorsement by the FBI for any product or service.)

March 2009 / 13 Job Sharing A Viable Option for Law Enforcement? By LISA PERRINE, M.P.A.

© Photos.com

aw enforcement agen- industry; more baby-boomer of- officers in vehicles, a lack of cies around the country ficers retiring; and the younger backup, slower response time, L are contending with a generation’s advanced level of cuts in prevention programs, shortage of officers and trying education that now often makes and fewer school resource of- to lure new applicants with vari- a career in policing, with its ficers, things could obviously ous incentives, such as hiring well-known salary shortfall, not be affected. Also, with fewer bonuses, eased standards, and as attractive. recruits entering the system extra vacation time.1 Several These types of staffing and a large number of veterans factors have contributed to the changes and shortages could exiting, officers’ street knowl- problem, including demograph- affect public safety and the edge—critical to effective law ic changes; higher-paying posi- well-being of law enforcement enforcement—is evaporating.”2 tions in the homeland security officers. “When you have single What can the law enforcement

14 / FBI Law Enforcement Bulletin profession do? Is job sharing aid in retaining other seasoned can help law enforcement agen- a viable option that can help employees to compensate for cies recruit and retain valuable agencies recruit and retain the loss of a veteran worker. Job employees. employees? sharing can seem intimidating to managers, who may fear that APPLYING IT TO UNDERSTANDING it could lead to confusion, more LAW ENFORCEMENT THE CONCEPT paperwork, and a host of other Law enforcement, like According to the U.S. De- difficulties. They can avoid other public service professions, partment of Labor, the 1990s these issues, however, by hav- requires its employees to remain economic expansion not only ing a proper plan in place and current with training mandates. removed years of long-standing holding all job sharers account- It also harbors a traditional labor market problems, such as able for their duties.4 expectation that its person- unemployment and stationary Research has indicated that nel will use the expertise they wage rates, but also increased job sharing can improve pro- gain to serve their citizens on the use of flexible work sched- ductivity and offer numerous a daily basis. In addition to job ules. What is flexible schedul- benefits for both the employer shortages, however, California ing? Simply stated, it is when and employee. As retiring baby law enforcement agencies also an employer offers employees boomers threaten to deplete face challenges due to a retire- alternatives for defining when, corporate workforces, many ment benefit that has resulted in where, and how the work gets organizations are taking a fresh many officers opting for early accomplished. Employers can look at the recruiting and reten- retirement and has caused a choose from many different tion advantages of this aspect of gap in efforts to retain expert methods or combine them in flexible scheduling.5 While not personnel. The general slowing such a way that benefits both the sole solution, job sharing in the growth of the labor force the organization and its may offer a viable option that forecast for the years ahead personnel.3 As a type of flexible sched- uling that employees can choose within the framework of a program established by their employer, job sharing allows Research has two (or possibly more) work- “ indicated that job ers to apportion one job. It also sharing can improve offers employers an opportu- productivity and offer nity to retain knowledgeable, numerous benefits for experienced employees that both the employer they normally would lose due and employee. to such issues as family obliga- tions, retirement, or medical concerns. While job sharing can help eliminate the need to Lieutenant Perrine serves with the Pasadena, California, Police Department. train new personnel, it also can ”

March 2009 / 15 may intensify this gap. As baby Department has offered job sample forms needed to docu- boomers retire, succession sharing to its professional staff ment and track job sharing. The planning and alternate staffing and deputies of the 4,000-mem- department has experienced few strategies become even more ber agency.8 The program came problems with the application, important.6 about as a way to retain quali- processing, and actual job-share Both employers and em- fied employees and as a recruit- guidelines as all are handled in ployees can benefit from job ment tool. Supervisors have a fair and consistent manner.9 sharing, even in a setting with indicated that it has worked The Calgary, Canada, Police the rigorous training require- well based on positive feedback Service’s Web site centers on ments of policing. But, would from current job sharers and the “employee life balance” job- this type of work-schedule flex- exit interviews with those who share advantage, focusing on ibility interest law enforcement have left the program. police work and family respon- professionals? Interestingly, sibilities. The site states, “jug- the author’s research revealed gling the commitments of police that several law enforcement work and the responsibilities of agencies in other countries have a family is not easy.” However, job-share programs and that Interestingly, the many officers have proven that two California law enforcement author’s research it can be done. One constable departments also employ this revealed that several faced the challenge of balancing strategy. “law enforcement her career with her family. After the birth of her second son, she California Departments agencies in other decided to job share and ad- The Huntington Beach countries have vised, “The Calgary Police Ser- Police Department, with 234 job-share programs.... vice has been a great employer. employees, approved job shar- They’ve worked with me to ing in January 2001.7 Proposed find positions in policing that by an officer, the program was accommodate my professional initially done on a trial basis. goals and the desire to spend After an evaluation, however, Canadian and time with my young family.”10 the department approved it as European Agencies The Victoria, Canada, a permanent arrangement. The Many Canadian, British,” Police Department has al- teams are reliable, communicate and French law enforcement lowed job sharing for the past well with each other and their organizations post detailed 10 years.11 The Victoria Po- supervisors, and make the job- outlines of their job-share pro- lice Board and Victoria Police share program a smooth oper- grams on their Web sites. The Union worked together to form ation. The department based Thames Valley Police Depart- the job-sharing letter of agree- these conclusions on debriefing ment in Great Britain has an ment. Of the department’s 222 the job sharers and their super- extensive written job-sharing sworn employees, 11 job share. visors, as well as evaluating the policy and documentation. Initially approved for a short employees’ work products. The 19-page policy includes an period, such as while children Since November 1999, appendix section that contains are young or to pursue educa- the Orange County Sheriff’s a formal application and other tional endeavors, the program

16 / FBI Law Enforcement Bulletin Advantages of Job Sharing

For Employees • Have a more balanced life and can spend more time with their families or pursue educational endeavors or personal interests. • Experience less stress, which, in turn, increases job satisfaction and leads to greater productivity. • Have decreased absenteeism because job sharers rely on professional child care less and are more prone to be at work, thus using less sick time.

For Organizations • Can save money because of shared benefits and less overtime costs. Job sharers can work more during busy times, thereby eliminating position-coverage overtime. • Have more flexibility while maintaining productivity. The job-share position is covered at all times. Usually, if one job sharer is absent or goes on vacation, the other works full time for the duration. • Can use job sharing to retain and recruit employees. Also, job sharers tend to appreciate an organization willing to offer flexible hours and, thus, do their work with dedication and enthusiasm.

Source: Judi Casey, Sloan Work and Family Research Network, College, “Work-Family Information on Flexible Work Schedules,” Effective Workplace Series, Issue 2, (2006, updated March 2008); retrieved on April 14, 2008, from http://wfnetwork.bc.edu/pdfs/EWS_FlexibleSchedules.pdf; Harriet Hagestad, “New Ways to Work: Telecommuting and Job Sharing”; retrieved on May 26, 2006, from http://www.careerbuilder. com/JobSeeker/careerbytes; Carolyn Hirschman, “Share and Share Alike,” HR Magazine, September 2005; retrieved on May 26, 2006, from http://Findarticles.com/p/articles/mi_m3495/is_9_50/ai_n15627800; and Dave Shipley, “Job Sharing”; retrieved on May 26, 2006, from http://www.magma.ca/~urbship/jobs.html.

has expanded to a permanent sometimes can stumble. Ac- productivity and satisfaction of lifestyle program because of cording to job sharers, keeping the job sharers and the length of demographics, a struggle to up with changes in laws and time the program has existed. retain qualified employees, and maintaining training standards a realization that the department represent the only challenges. COMPARING SURVEYS was missing a segment of the Overall, they enjoy the program As a way to determine the population during recruitment. and acknowledge that they extent of interest in job shar- Administratively, the program would have had to resign if not ing, the author examined the has worked well. In terms of for job sharing. The success results of a study conducted by scheduling, however, work flow of the program is based on the a human resources consulting

March 2009 / 17 service.12 The firm surveyed part-time employment for an found that ongoing communica- 8,693 employees from 18 core agreed period. tion, consistent accountability, industry groups that ranged Overall, the author found and solid job-share policies and from marketing, education, three primary advantages to procedures can eliminate these healthcare, and information job sharing. First, organiza- concerns. technology to nonprofit, govern- tions can engage directly with ment, and retail. Asked if they the issue of work-life balance CONCLUSION would consider job sharing as as part of their overall retention With the emergence of an employment option now and attraction strategies. Next, the millennial generation and or in the future, 72 percent of job sharing can allow flexibility competition with the private respondents said yes. without putting career progres- sector for potential job candi- Next, to assess possible sion on hold. Third, job sharing dates, law enforcement agencies issues of implementing job must commit to offering flexible sharing in policing, the author work schedules. They need to polled members of her depart- recognize the benefits that such ment, a midsized law enforce- practices can offer to both the ment agency located in the San ...organizations organization and personnel. To Gabriel Valley of California, can engage directly maintain a viable workforce, regarding their interest in job with the issue of the law enforcement profession sharing now and by the year “work-life balance as must consider alternatives to 2016. Based on the responses part of their overall traditional methods of attract- of 78 participants, the survey retention and ing and retaining competent, showed that a balance between attraction strategies. vibrant, and dedicated employ- work and life was the motivator ees. Job sharing constitutes one for individuals looking to job option. share. The majority of employ- ees interested in job sharing Endnotes cited having young children as can become an effective segue 1 John Pomfret, “Police Finding It Hard the reason. Others gave pursu- to retirement. In addition, the to Fill Jobs,” Washington Post, March 26, 2006; retrieved on April 17, 2006, from ing educational endeavors as author determined that three ba- http://www.washingtonpost.com/wp-dyn/ another. In a similar vein, the sic disadvantages existed.” First, content/article/2006/03/26. respondents in the consulting organizations may resist the 2 Ibid. service’s report cited balanc- idea because they fear addition- 3 Amber O’Brien, “Flexible Work ing either family needs, such as al administrative and training Schedules: A Growing Trend,” Business 13 Women, May 2004; retrieved on October caring for children or elderly costs. Second, job sharers may 25, 2006, from http://www.snohomish- parents, or educational goals feel that they achieve propor- coutybusinessjounal.com/archive/bw04/ with work. The two surveys tionately more than full-time obrienbw04.htm. also remained consistent in the employees and, thus, receive 4 Reference for Business, “Job Shar- inadequate pay.14 Third, individ- ing”; retrieved on May 26, 2006, from area of employees who might http://www.referenceforbusiness.com/ seek job sharing in the future uals sharing positions may be small/Inc-Mail/Job-Sharing.html. as a transition into retirement impacted by the actions of their 5 Carolyn Hirschman, “Share and Share by moving from full-time to partners.15 However, the author Alike,” HR Magazine, September 2005;

18 / FBI Law Enforcement Bulletin retrieved on May 26, 2006, from http:// 9 Thames Valley Police, “Part-Time 12 Hudson Highland Group, Inc., “Job Findarticles.com/p/articles. Working and Job Share for Police Officers Sharing: A Fresh Look at Flexible Work- 6 U.S. Department of Labor, Bureau of and Police Staff,” Flexible Working Regu- ing,” The Hudson Report, January-March Labor Statistics, “Annual Rates of Labor lations 2002; retrieved on May 26, 2006, 2006. Force,” Working in the 21st Century; from http://www.thamesvalley.polic.uk/. 13 Ibid. retrieved on October 25, 2006, from http:// 10 Calgary Police, “Women in Polic- 14 Acas, “Job Sharing,” Advisory Hand- www.bls.gov/opub/working/page1b.htm. ing”; retrieved on August 13, 2007, from book: The A-Z of Work; retrieved on May 7 Officer Lisa Gallatin gave insight http://www.calgarypolice.ca/recruiting/ 26, 2006, from http://www.acas.org.uk/ into the job-share program via personal html/women_in_policing.htm. index.aspx?articleid=993. communication with the author on August 11 Sergeant John Craig via personal 15 Jane Easter Bahls, “Getting Full- 21, 2007. communication with the author on August Time Work from Part-Time Employees,” 8 Human Resources Analyst Kim Scaife 13, 2007, and Inspector Del Manak via Management Review, February 1990; provided information on the job-share personal communication with the author retrieved on September 29, 2006, from program via personal communication with on August 21, 2007, discussed the job- http://www.accessmylibrary.com/coms2/ the author on August 21, 2007. share program. summary_0286-9216293_ITM.

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March 2009 / 19 Focus on Forensics

The Effects of DNA Advances Subsequently, law enforcement personnel may view the evidence and decide whether to send it to on Police Property Rooms - By William P. Kiley, M.S. the crime laboratory for DNA analysis and submis sion to CODIS (Combined DNA Index System) for 2 © iStockphoto.com possible identification of a suspect. If the process proves successful, it will result in the closure of an unsolved crime. The physical evidence, which may have been in a property facility for years, that leads to this discovery then becomes the crucial component in solving this case. Space Limitations Since its inception in 1992, the Innocence Project has focused on the exoneration of wrongly convicted individuals through postconviction DNA analysis.3 As of May 2008, 216 individuals have had their convictions overturned based on DNA evidence. Similar to unsolved cases, the postconviction appeals and DNA examinations resulted from laboratory analysis of evidence held by a depart- ment in its property room. Many law enforcement agencies store evidence from criminal prosecu- gencies gain valuable investigative leads tions only until the time period for appeals has A upon discovering DNA matches.1 And, for ended and then dispose of it. However, because of these instances, they rely on the property room to the work of the Innocence Project and the grow- properly store the necessary biological evidence ing number of exonerations resulting from DNA and have it ready for investigators. To this end, proving the conviction of the wrong person, legis- the increase in dependence on DNA analysis has lators throughout the United States have begun to impacted evidence and property rooms across the incorporate or change statutes regarding the period country. In the coming years, federal, state, and lo- of postconviction retention of evidence in certain cal law enforcement agencies will continue to face categories of crimes (e.g., homicides and sexual challenges in the warehousing of evidence. assaults). Some states now mandate that law en- forcement agencies retain evidence for the entire DNA Matches incarceration period of the convicted person.4 Throughout the past decade, departments in- These changes also have affected statutes of creasingly have created cold case units that review limitation for prosecution. In many jurisdictions, old, unsolved homicides and sexual assaults to de- statutes of limitation for sexual assaults have either termine if any biological evidence exists that could been completely eliminated or extended, perhaps, yield valuable DNA. Usually, investigators begin to decades in duration. with a review of the case file to identify evidence As a result of these effects on postconviction collected and stored in the department’s property appeals and statutes of limitation, property rooms and evidence storage facility. store evidence far longer than ever before. Now,

20 / FBI Law Enforcement Bulletin police chiefs and sheriffs commonly request ad- of evidence in police property rooms. Dialogue ditional budget to either build or rent space for among law enforcement and crime laboratory storage. Also, considering that crime scene in- directors can determine future needs for refrig- vestigators bring in increasing quantities of DNA eration or freezing of biological evidence during evidence because of advances in crime laboratory storage. State sheriffs’ and police chiefs’ associa- capabilities, the present and future demands for tions should consider the feasibility of state-run, space are obvious. climate-controlled facilities in different regions that can provide long-term storage of evidence. Future Challenges The proactive input of these groups is essential in Chiefs and sheriffs must face not only fiscal gaining funding assistance from state legislators. and space allocation challenges but the fact that the day-to-day operation of evidence and property Conclusion storage facilities will become an area of greater The challenges of determining the proper scrutiny by defense attorneys. If investigators methods, location, and duration of evidence storage discover a DNA match pertaining will increase with time. Sheriffs to a cold case based on DNA evi- and chiefs are only beginning to dence retrieved from garments, experience the effects that ad- bedding, weapons, or other vances in DNA technology have items stored in a police property “...property rooms on the storage of evidence. room, challenges will arise per- store evidence In many cases, the identifi- taining to packaging, storage, far longer than cation, arrest, prosecution, and accountability and security, and conviction of a suspect and the access control. Chain-of-custody ever before. ability to withstand appeal chal- challenges, claims of cross-con- lenges all may rest upon stored tamination, and inquiries as to physical evidence. Clearly, law climate-control conditions dur- enforcement agencies must ing the period of storage of the ” address the staffing, training, evidence all will become matters of examination and funding issues pertaining to police property by the defense. Therefore, to help ensure success- rooms. ful prosecutions, law enforcement agencies must review their procedures, provide sufficient funding Endnotes for adequate storage, ensure proper training for 1 For additional information, see Jim Markey, “After the personnel, have necessary oversight and internal Match: Dealing with the New Era of DNA,” FBI Law controls in place, and conduct regular internal and Enforcement Bulletin, October 2007, 1-4. external audits of the property room. 2 CODIS is a DNA database that compares forensic samples among cases and between offenders and arrestees. For more Proactive Measures information, visit http://www.fbi.gov/hq/lab/html/codis1.htm. 3 http://www.innocenceproject.org Police executives need to join together region- 4 For information on Colorado HB 1397, which serves as an ally and statewide to become proactive regarding example, see http://www.colorado.gov/cs/Satellite/GovRitter/ legislation and funding for the storage of evidence. GOVR/1210756530100. Discussion among chiefs, sheriffs, prosecutors, and court clerks can determine future needs concern- Mr. Kiley retired as deputy chief of the Suffolk County, New York, Police Department. ing the maintenance of the ever-growing amount

March 2009 / 21 Leadership Spotlight

Leaders Make a Connection

ecently, I provided leadership training were working, one of them, a young police R to 45 law enforcement officers from officer who looked a little distressed,- ap Ukraine, Moldova, and Hungary. One block proached me. The officer shared his own story of instruction focused on the concept that of how he recently had lost a good friend, boss, leaders need to “model the way” and set the and mentor to a violent crime. He spoke about example for those they intend to lead. The idea how guilty he felt for not being able to do more readily applies to leaders whether they are in to try and save their lives. He related that al- law enforcement, the military, the educational though no one had found fault with his actions, system, or our communities. One way we can he had quickly related to the psychological model the way is by sharing stories, generally effects I had spoken about earlier. We then a common occurrence in our lives but also how shared a few more private comments about we as leaders and people can make our experiences before the group a more meaningful and deeper exercise ended. During the connection. next break, he went to his A discussion I facili- room to get a guidebook tated regarding the tragic and some photos of his events surrounding the hometown and family September 11, 2001, ter- that he had brought with rorist attacks aptly high- him to remind himself of lighted this idea. I showed home while he was attend- the attendees a video that a ing the training session. He friend from the New York City © shutterstock.com eagerly shared this meaningful Police Department had made and dis- part of his life with me because of the tributed in the weeks following the tragedies. emotional connection we had made. The intent of the presentation was to elicit an Whether we are dealing with the public, emotional response from the group prior to our colleagues, or our friends and families, law them engaging in a problem-solving exercise enforcement leaders need to seize the initia- relating to law enforcement challenges. Fol- tive to model the way and, when appropriate, lowing the video, I shared some of my own reach out to others by sharing stories. These and my squad’s experiences as federal law deep emotional connections can help us in- enforcement officers serving in Manhattan spire those we choose to lead to even greater during those horrific events. I briefly spoke achievements. about the psychological effects that witnessing those scenes can have on people and how it can Special Agent Robin K. Dreeke, an instructor at the impact every aspect of their lives. Counterintelligence Training Center and an adjunct The attendees then broke into groups to faculty member of the Leadership Development Institute, complete their assigned exercise. While they prepared this Leadership Spotlight.

22 / FBI Law Enforcement Bulletin Legal Digest Avoiding Sixth Amendment Suppression An Overview and Update By KENNETH A. MYERS, J.D.

© iStockphoto.com

he impact of a defen- him.... [T]he admissions of legal avenues. These challenges dant’s confession in a a defendant come from may include one or more of the T criminal prosecution the actor himself, the most following: 1) the confession cannot be overstated. As de- knowledgeable and un- violates the Fourth Amendment scribed by the U.S. Supreme impeachable source of in that it is the direct result of an Court information about his past unreasonable search or seizure;2 A confession is like no conduct.”1 2) the confession violates due other evidence. Indeed, “the Because confessions are process in that it was involun- defendant’s own confession such powerful evidence, de- tarily obtained through im- is probably the most proba- fense attorneys will aggres- proper police coercion;3 3) the tive and damaging evidence sively challenge their admis- confession violates the de- that can be admitted against sibility through a variety of fendant’s Fifth Amendment

March 2009 / 23 behind this rule is “not mere When analyzing Sixth formalism” but “a recognition “ of the point at which ‘the gov- Amendment right to ernment has committed itself counsel protection, one to prosecute,’ ‘the adverse posi- of the first concepts tions of government and defen- to be understood is dant have solidified,’ and the the point at which accused ‘finds himself faced an accused may with the prosecutorial forces assert this right. of organized society, and im- mersed in the intricacies of

Special Agent Myers is a legal instructor at the FBI Academy. substantive and procedural criminal law.’”13 By this defini- ” tion of criminal prosecution, the Sixth Amendment right to privilege against self-incrim- to the states through the due counsel does not attach at the ination (alleged violation of process clause of the Fourteenth time of a warrantless, probable Miranda v. Arizona);4 and 4) the Amendment.8 The Supreme cause arrest or at the time of an confession violates the defen- Court has limited this right, arrest based upon warrant, com- dant’s Sixth Amendment right however, to all felony prosecu- plaint, and affidavit.14 However, to counsel.5 This article pro- tions and those misdemeanor in such circumstances, the Sixth vides an overview of the Sixth cases where actual imprison- Amendment right to counsel Amendment right to counsel, ment is imposed.9 later attaches at the earliest of including a discussion of recent When analyzing Sixth a formal charge (indictment or Supreme Court cases addressing Amendment right to counsel information) or the defendant’s this right, and briefly compares protection, one of the first con- initial appearance. The initial and contrasts this protection cepts to understand is the point appearance is the first appear- with the right to counsel under at which an accused may assert ance before a judicial officer, the Fifth Amendment’s privi- this right. In other words, when where defendants learn the lege against self-incrimination does the Sixth Amendment right charge against them and that (Miranda).6 to counsel attach? In Rothgery their liberty is subject to restric- v. Gillespie County, Texas,10 tion.15 The Sixth Amendment Attachment of the Right the Supreme Court recently right to counsel attaches at According to the Sixth reaffirmed11 that the Sixth the initial appearance, even if Amendment, “[i]n all criminal Amendment right to counsel the prosecutor is not aware of prosecutions, the accused shall attaches when criminal pros- or does not participate in this enjoy the right...to have the ecution is commenced, that is initial judicial proceeding.16 assistance of counsel for his at “the initiation of adversary In simplest terms, the Sixth defense.”7 This Sixth Amend- judicial criminal proceedings— Amendment right to counsel ment right applies to both fed- whether by way of formal attaches at criminal prosecution, eral and state criminal prosecu- charge, preliminary hearing, which is the earliest of indict- tions, inasmuch as the Supreme indictment, information, or ment, information, or initial Court has incorporated this right arraignment.”12 The rationale appearance.

24 / FBI Law Enforcement Bulletin Critical Stage statements from an incarcerated significance to prosecutors than Once the Sixth Amendment defendant would be consid- to law enforcement officers) 30 right to counsel has attached, ered a critical stage23 unless the include preliminary hearings, a defendant is entitled to the informant merely serves as a plea hearings,31 and competency assistance of counsel at all “listening post” and makes no hearings.32 “critical stages” of that crimi- effort to stimulate conversation 24 Warnings and Waivers nal prosecution.17 According involving the charged offense. to the Supreme Court, critical In addition to that conduct If a defendant’s Sixth stages include any proceedings described as deliberate elicita- Amendment right to counsel between the defendant and the tion, the Supreme Court also has attached and there is a criti- prosecution (or agents thereof), has found that a physical lineup cal stage, then the defendant’s whether the proceeding is for the charged offense is a attorney must be present or “formal or informal, in court or critical stage in a prosecution the defendant must knowingly, out,” where counsel would help intelligently, and voluntarily the accused “in coping with waive the right for the incrimi- legal problems or...meeting his nating evidence to be admissi- adversary.”18 ble.33 The warnings that suffice Recognizing the important ...the Sixth Amendment for waiver of Miranda rights role of counsel in ensuring fair- right to counsel also are sufficient to waive the ness in criminal prosecutions, attaches at defendant’s Sixth Amendment the Supreme Court applies a “criminal prosecution, right to counsel.34 Defendants “deliberate elicitation” standard which is the earliest do not have to be specifically to capture a broad range of of indictment, advised that they are waiving conduct deemed to be critical information, or the Sixth Amendment right to stages in a criminal prosecu- initial appearance. counsel, inasmuch as the sum tion.19 Under this standard, the and substance of the Sixth Sixth Amendment is implicated Amendment protection is set when the government attempts forth in the traditional Miranda to deliberately elicit incriminat- warnings.35 ing statements from the accused because the attorney’s pres- once the right to counsel has ence at a lineup can help avert Invocation of Right attached. Government action prejudice and ensure a mean- As set forth above, once the deemed to be a critical stage ingful confrontation at trial.”25 Sixth Amendment right to coun- includes direct interrogation,20 Police conduct not deemed sel has attached, a defendant words or action tantamount to to be a critical stage for Sixth must be provided assistance of interrogation (e.g., the infamous Amendment right to counsel counsel or knowingly, intel- “Christian burial speech”),21 purposes includes the taking of ligently, and voluntarily waive and use of confidential human handwriting exemplars,26 finger- the right for every critical stage sources or undercover employ- prints, blood samples, cloth- of the charged criminal pro- ees to intentionally elicit in- ing, or hair;27 the showing of a ceeding. If defendants invoke criminating statements.22 In this photo display;28 and requests their Sixth Amendment right to regard, the use of a cellblock for consent to search.29 Other counsel instead of waiving the informant to elicit incriminating critical stages (but of more right, the government may not

March 2009 / 25 initiate contact with the defen- of the prosecution unless coun- be inadmissible because law dants regarding the charged sel is present.38 enforcement could not initiate offense for the remainder of For example, a defendant the contact after the defendant the criminal prosecution out- is charged with drug traf- invoked the Sixth Amendment side the presence of counsel.36 ficking and arrested by law right to counsel at the initial If the government initiates the enforcement based on a war- appearance. Instead, a post- contact with the defendants, rant, complaint, and affidavit. invocation confession would any subsequent waiver during If the defendant requests the only be admissible if the de- a police-initiated interroga- assistance of counsel at the fendant initiated the contact tion (or other critical stage) is initial appearance, the Sixth (and was properly warned of ineffective.37 Assuming that a Amendment right to counsel is and waived these rights) or the defendant’s Sixth Amendment now invoked. If the defendant, defendant’s attorney was pres- right to counsel has attached ent for the interrogation. The by way of formal charge, one invocation of the Sixth Amend- direct way that a defendant may ment right to counsel is a invoke the Sixth Amendment separate legal event from that of 39 right to counsel is to request The warnings that attachment of the right. When assistance of counsel at the time suffice for waiver of the right has attached, a defen- that law enforcement provides Miranda dant is entitled to assistance of the required warnings prior rights also counsel at all critical stages of “are sufficient to waive to attempted interrogation (or that prosecution. However, if other critical stage). However, the defendant’s the Sixth Amendment right to there also is a less obvious way Sixth Amendment counsel has attached but the de- that a criminal defendant may right to counsel. fendant has not yet invoked the invoke the Sixth Amendment right, law enforcement may still right to counsel. This would approach the defendant and ob- occur at the defendant’s initial tain a lawful waiver of the right. appearance when the defendant On the other hand, if the Sixth is advised by the magistrate thereafter, is released on bail Amendment right to counsel has or judge of the nature of the and no charge (indictment or attached and the defendant has charges and applicable constitu- information) has been filed,” invoked this right by refusing tional rights, including the right law enforcement would not be to waive the right or accept- to assistance of counsel. If the able to initiate an interrogation ing the appointment of counsel defendant requests assistance or engage in any other conduct at the initial appearance,40 law of counsel for the charged of- deemed a critical stage with this enforcement may not initiate fense after such an admonition, defendant without the pres- contact with the defendant re- the Sixth Amendment right to ence of counsel in regard to the garding the charged offense for counsel is invoked. Such an in- charged offense without violat- the duration of the prosecution vocation precludes any police- ing the Sixth Amendment right outside the presence of counsel. initiated interrogation or other to counsel. Even if the defen- conduct deemed to be a critical dant was provided the advice of Offense Specific stage with the defendant for the rights and waived these rights, While the Supreme Court charged offense for the duration a subsequent confession would has interpreted the Sixth

26 / FBI Law Enforcement Bulletin Amendment right to counsel his father about murdering the “closely related factually.”48 The in broad fashion by includ- missing mother and girl. The Supreme Court agreed to hear ing within its scope conduct father notified police, and law the case. The Court concurred that amounts to the deliberate enforcement obtained a warrant that Cobb’s Sixth Amendment elicitation of information, be- to arrest Cobb for the murders. right to counsel for the burglary ing “offense specific” narrows Prior to the custodial interroga- offense had attached at the time the application.41 In Texas v. tion, the police administered he was indicted. Moreover, he Cobb,42 the Supreme Court warnings pursuant to Miranda. invoked this right by request- defined the meaning of the term Cobb waived his Miranda rights ing assistance of counsel for the offense specific, and ruled that and confessed to both murders. burglary charge. However, the it does not necessarily extend Cobb sought to have his Supreme Court held that even to uncharged offenses factually confession suppressed, claiming though the burglary and murder related to the charged offense.43 that law enforcement violated charges arose from the same The Supreme Court ruled that his Sixth Amendment right to factual situation, the charges although the term offense for counsel by deliberately eliciting involved different elements of Sixth Amendment right to coun- information about criminal ac- proof and were separate offens- sel purposes is “not necessarily tivity factually related to that for es for Sixth Amendment right limited to the four corners of the which he previously invoked his to counsel purposes. There- charging instrument,”44 it is syn- Sixth Amendment right to coun- fore, an invocation of the Sixth onymous with the same term as sel. The Texas Court of Appeals Amendment right to counsel for applied under the Fifth Amend- agreed, holding that the Sixth the burglary charge did not bar ment’s double jeopardy clause.45 Amendment right to counsel police from interrogating Cobb Accordingly, “where the same attaches not only to the offense about the murders, even though act or transaction constitutes a charged but to other offenses they were factually related. violation of two distinct statu- tory provisions, the test to be applied to determine whether there are two offenses or only one is whether each provision requires proof of fact which the other does not.”46 In Texas v. Cobb,47 Raymond Levi Cobb was indicted for a local burglary and represented by counsel for this charge. Prior to the indict- ment, Cobb had confessed to committing the burglary but had denied any involvement in the disappearance of a woman and her infant daughter who lived at the burglarized residence. While out on bail, Cobb confessed to © brandXpictures

March 2009 / 27 According to the Supreme pressures’ of custodial interro- continuous custody.57 On the Court, Cobb’s Sixth Amend- gation, including the right to other hand, the purpose of the ment right to counsel had not have counsel present.”54 There- Sixth Amendment right to coun- yet attached to the murders. fore, there is a Fifth Amend- sel is to “‘protect the unaided Therefore, Cobb’s confession ment right to counsel, as well as layman at critical confronta- about the murders was a Sixth Amendment right to tions’ with his ‘expert adver- admissible.49 counsel. It is important to rec- sary,’ the government, after ‘the After the holding in Texas ognize the existence of these adverse positions of govern- v. Cobb, lower courts have two rights to counsel and to ment and defendant have solidi- found the following matters to compare and contrast their fied’ with respect to a particular be separate offenses for Sixth respective applicability and alleged crime.”58 For Sixth Amendment purposes (and thus scope.55 Amendment right to counsel no Sixth Amendment violation purposes, custody is irrelevant. for law enforcement conduct Instead, as discussed, the Sixth following the attachment or Amendment right to counsel invocation of the Sixth Amend- attaches at criminal prosecu- ment right to counsel for the Apart from the tion (the earliest of indictment, initial charges): kidnapping purposes and information, or initial appear- and murder charges factually ance) and remains throughout 50 immigration fraud triggering events for related; “the two rights of the prosecution, regardless of and witness tampering charges custody. arising in the same fraud pros- counsel, another Apart from the purposes ecution;51 and federal and state difference between the and triggering events for the prosecutions, even if identical rights is the scope two rights of counsel, another in the elements of their respec- of their protections. difference between the rights is tive offenses (recognizing the the scope of their protections. dual sovereign doctrine).52 As set forth, the Sixth Amend- ment right to counsel is crime Comparison of specific. However, the Fifth Rights to Counsel The Fifth Amendment right Amendment right to counsel This article discusses the to counsel is designed to protect is not. Once a subject invokes applicability and scope of the individuals from police-domi”- the Fifth Amendment right to Sixth Amendment right to nated atmospheres and attaches counsel and remains in continu- counsel. However, there is a at the time of custodial interro- ous custody, the subject “may separate and distinct right to gation.56 Accordingly, custody is not be reapproached regarding counsel arising from the Fifth one of the two triggering events any offense unless counsel is Amendment’s privilege against (along with interrogation) for present.”59 self-incrimination. In Miranda purposes of Fifth Amendment Another difference between v. Arizona,53 the Supreme Court right to counsel analysis. Once the two rights of counsel is law “established a number of pro- attached, the Fifth Amendment enforcement’s ability to use phylactic rights to counteract right to counsel remains in undercover officers or confi- the ‘inherently compelling effect as long as there is dential human sources once the

28 / FBI Law Enforcement Bulletin © brandXpictures respective right has attached. The use of undercover officers or confidential human sources to deliberately elicit incriminat- ing statements from an accused about a charged offense is considered a critical stage for Sixth Amendment right to counsel purposes.60 On the other hand, the Supreme Court has ruled that as the government’s identity is not known to the sub- ject, such covert activity does not create a coercive, police- dominated atmosphere, which is the heart of the protection af- forded by the Fifth Amendment with law enforcement and elect attached, police must advise right to counsel. Accordingly, to proceed without the assis- the individual of this right and police may use an undercover tance of counsel.64 Moreover, obtain a lawful waiver prior officer or cellmate informant to while a confession obtained to eliciting information about elicit incriminating statements in violation of either right to the charged criminal activity when an individual is in cus- counsel may not be used in the from the subject. If the Sixth tody and not be in violation of prosecution’s chief case, such Amendment right to counsel is the Fifth Amendment right to a confession may be used to invoked, police may not initiate counsel.61 impeach a defendant’s false or any activity considered to be a Although significant dif- inconsistent testimony.65 critical stage with that individu- ferences exist between the two al for the charged offense unless rights of counsel, there also are Conclusion that person’s attorney is present. some similarities. Once either The Sixth Amendment Law enforcement officers must right to counsel has attached right to counsel is just one of understand the nature and scope (but not yet been invoked), several constitutional protec- of this Sixth Amendment right police may warn individuals of tions afforded to individuals to counsel and recognize that it their rights and obtain a lawful when dealing with police and is a different protection from the waiver.62 However, whenever an prosecutors in criminal mat- right to counsel afforded under individual invokes either right ters. As described, this right the Fifth Amendment’s privilege to counsel, police generally may attaches once the government against self-incrimination. Once not reinitiate contact with the commits itself to prosecuting understood, law enforcement individual outside the presence an individual, and it affords an officers will be better equipped of counsel.63 Of course, once accused the right to counsel at to deal with this challenge to the right to counsel has attached all critical stages of the pros- the admissibility of a confes- and the individual has invoked, ecution relating to the charged sion and, hopefully, avoid Sixth the person may initiate contact offense. Once the right has Amendment suppression.

March 2009 / 29 Endnotes accusation; to be confronted with the wit- 2008) (“The Supreme Court has never 1 Arizona v. Fulminante, 499 U.S. nesses against him; to have compulsory elaborated on what instruments beyond 279, 296, 111 S. Ct. 1246, 1257 (1991); process for obtaining witnesses in his indictment and information would consti- citing Bruton v. United States, 391 U.S., favor, and to have the assistance of counsel tute a ‘formal charge’ for purposes of the at 139-140, 88 S. Ct. at 1630 (White, J. for his defense.” U.S. CONST. amend. VI. Sixth Amendment. However, every circuit dissenting). 8 Gideon v. Wainwright, 372 U.S. 335, that has considered the issue has concluded 2 See, for example, Brown v. Illinois, 83 S. Ct. 792 (1963). that a federal complaint does not qualify as 422 U.S. 590, 95 S. Ct. 2254 (1975) (in- 9 Argersinger v. Hamlin, 407 U.S. 25, such, primarily because of its limited role custody statements that stemmed from an 92 S. Ct. 2006 (1972); Scott v. Illinois, 440 as the precursor to an arrest warrant.... illegal arrest were not rendered admissible U.S. 367, 99 S. Ct. 1158 (1979). We agree with these courts.”). merely because defendant had been given 10 128 S. Ct. 2578 (2008). 15 Supra note 10, at 2592. Miranda warnings prior to making the 11 See, for example, Michigan v. Jack- 16 Id. at 2584. statements); Dunaway v. New York, 442 son, 475 U.S. 625, 106 S. Ct. 1404 (1986); 17 Id. at 2591. U.S. 200, 99 S. Ct. 2248 (1979) (Con- Brewer v. Williams, 430 U.S. 387, 97 S. Ct. 18 Id. fession following arrest made without 1232 (1977). 19 See, for example, Fellers v. United probable cause was inadmissible); Kaup States, 540 U.S. 519, 124 S. Ct. 1019 © brandXpictures v. Texas, 538 U.S. 626, 123 S. Ct. 1843 (2004). (2003). 20 Michigan v. Jackson, at 630. 3 See, for example, Arizona v. Ful- 21 Brewer v. Williams, at 399. In minante, 499 U.S. 279, 111 S. Ct. 1246 Brewer, two police officers were respon- (1991). sible for transporting the defendant, who 4 Miranda v. Arizona, 384 U.S. 436, 86 was accused of murdering a young girl, by S. Ct. 1602 (1966). automobile approximately 160 miles from 5 Powell v. State of Alabama, 287 U.S. the location of his arrest to the location 45, S. Ct. 55 (1932); Massiah v. U.S., 377 of the crime. While en route, the officers U.S. 201, 84 S. Ct. 1199 (1964). sought to obtain incriminating statements 6 This topic was addressed in previous from the defendant (contrary to an agree- FBI Law Enforcement Bulletin articles ment made with the defendant’s attorney) and is being reemphasized inasmuch by exploiting the fact that he was a former as the protection afforded by the Sixth mental patient and was deeply religious. Amendment right to counsel often is The police encouraged the defendant to misunderstood by law enforcement, the show them the location of the victim’s consequences of which may be devastat- body, stating that her parents were entitled ing to the admissibility of a confession and 12 Supra note 10, at 2583. to a Christian burial for the young murder overall success of a criminal prosecution. 13 Id., quoting Kirby v. Illinois, 406 U.S. victim. Based on their prompting, the de- See, Kimberly A. Crawford, “The Sixth 682, 689, 92 S. Ct. 1877, 1882 (1972). fendant led the police to the victim’s body, Amendment Right to Counsel Applications 14 See, for example, United States v. which was used as evidence in his murder and Limitations,” FBI Law Enforcement Gouveia, 467 U.S. 180, 190, 104 S. Ct. prosecution. The Supreme Court found Bulletin, July 2001; and “Constitutional 2292, 2298 (1984) (“...[W]e have never this activity to be a deliberate attempt by Rights During Interrogation, Comparing held that the right to counsel attaches at the police to elicit incriminating statements Rights Under the Fifth and Sixth Amend- time of arrest.”); United States v. Alvarado, from a defendant tantamount to formal in- ments,” FBI Law 440 F. 3d 191, 200 (4th Cir. 2006), cert. terrogation. Because the defendant’s Sixth Enforcement Bulletin, September 2002. denied; 549 U.S. 817 (2006)(“The filing of Amendment right to counsel had attached 7 The Sixth Amendment provides a federal complaint does not commence a and had been invoked (and the defendant that “[i]n all criminal prosecutions, the formal prosecution.... The filing of a fed- had not waived the right), this evidence accused shall enjoy the right to a speedy eral complaint, therefore, can no more be was obtained in violation of the Sixth trial, by an impartial jury of the State and characterized as ‘the initiation of adversary Amendment right to counsel and was district wherein the crime shall have been judicial proceedings against the defen- suppressed committed, which district shall have been dant’...than can the filing of an affidavit 22 Massiah v. United States, at 206; see previously ascertained by law, and to be in support of a search warrant.”); United also Maine v. Moulton, 474 U.S. 159, 106 informed of the nature and cause of the States v. Boskic, 545 F.3d 69, 83 (1st Cir. S. Ct. 477 (1985).

30 / FBI Law Enforcement Bulletin 23 United States v. Henry, 447 U.S. 264, 43 Id. at 168-175. 53 384 U.S. 436, 86 S. Ct. 1602 (1966). 100 S. Ct. 2183 (1980). 44 Id. at 173. 54 McNeil v. Wisconsin, 501 U.S. 171, 24 Kuhlmann v. Wilson, 477 U.S. 436, 45 Id. 176,111 S. Ct. 2204, 2208 (1991). 106 S. Ct. 2616 (1986). 46 Id., citing Blockburger v. United 55 “It is necessary to treat the Miranda 25 United State v. Wade, 388 U.S. 218, States, 284 U.S. 299, 304, 52 S. Ct. 180 and Sixth Amendment versions of the right 87 S. Ct. 1926 (1967). (1932). to counsel separately. They attach at differ- 26 Gilbert v. California, 388 U.S. 263, 47 532 U.S. 162, 121 S. Ct. 1335 (2001). ent times, under different circumstances, 87 S. Ct. 1951 (1967). 48 Cobb v. State, 93 S.W.3d 1 (2000). for different reasons, and with different 27 United States v. Wade, 388 U.S. 218, 49 Id. at 173-174. effects.” Dressler and Michaels, Under- 227, 87 S. Ct. 1926, 1933 (1967). 50 Henderson v. Quarterman, 460 F.3d standing Criminal Procedure, 4th ed., 28 United States v. Ash, 413 U.S. 300, 654 (5th Cir. 2006), cert. denied, 127 S. Ct. Vol. 1: Investigation, page 417. 321, 93 S. Ct. 2568, 2579 (1973). 1383 (2007). 56 Miranda v. Arizona, 384 U.S. 436, 29 United States v. Kon Yu-Leung, 910 51 United States v. Mir, 535 F.3d 351 444, 86 S. Ct. 1602,1612 (1966). F.2d 33 (2nd Cir. 1990). (4th Cir. 2008). 57 McNeil v. Wisconsin, 501 U.S. 171, 30 United States v. Lott, 433 F.3d 718, 177,111 S. Ct. 2204, 2208 (1991) l; 723 (10th Cir. 2006), cert. denied, 549 See also U.S. v. Harris, 221 F.3d 1048, U.S. 851 (2006). 1051-1052 (8th Cir. 2000). 31 Iowa v. Tovar, 541 U.S. 77, 87, 124 58 McNeil v. Wisconsin, at 177-178, S. Ct. 1379 1387 (2004). quoting United States v. Gouveia, 467 32 Appel v. Horn, 250 F.3d 203, 215 Another difference U.S. 180, 189 (1984). (3rd Cir. 2001). 59 Id. at 177; see also Arizona v. 33 Patterson v. Illinois, 487 U.S. 285, between the two Roberson, 486 U.S. 675, 108 S. Ct. 2093 108 S. Ct. 2389 (1988). rights of counsel is (1988). 34 Id. at 298. law enforcement’s 60 United States v. Henry, 447 U.S. 264, 35 “ Id. at 299. 100 S. Ct. 2183 (1980). 36 Michigan v. Jackson, at 635. ability to use 61 Illinois v. Perkins, 496 U.S. 292, 37 Id. at 636; see also McNeil v. Wiscon- undercover officers 110 S. Ct. 2394 (1990). sin, 501 U.S. 171, 111 S. Ct. 2204 (1991). or confidential human 62 See, for example, Miranda v. Arizona, 38 Id. sources once the 384 U.S. 436, 86 S. Ct. 1602 (1966); 39 See, for example, Michigan v. Jack- Patterson v. Illinois, 487 U.S. 285, 108 son, 475 U.S. 625, 106 S. Ct. 1404 (1986); respective right S. Ct. 2389 (1988). Maine v. Moulton, 474 U.S. 159, 106 S. Ct. has attached. 63 For Fifth Amendment right to counsel 477 (1985). purposes, this applies to contact about any 40 See also United States v. Harrison, offense as long as the individual remains 213 F.3d 1206 (9th Cir. 2000) where the in continuous custody. For Sixth Amend- Ninth Circuit Court of Appeals held that ment right to counsel purposes, this applies in limited and well-defined circumstances, to any critical stage regarding the charged a defendant invokes the Sixth Amend- 52 See, for example, United States v. offense(s) only. ment right to counsel as a matter of law Alvarado, 440 F.3d 191 (4th Cir. 2006), 64 Michigan v. Harvey, 494 U.S. 344, when (1) the defendant retains counsel on cert. denied, 549 U.S. 817 (2006); United 352, 110 S. Ct. 1176, 1181 (1990). an ongoing basis to assist with a pending States v. Avants, 278 F.3d 510 (5th” Cir. 65 Id. at 350-353. investigation, (2) the government knows, 2002), cert. denied, 122 S. Ct. 2683 or should know, that the defendant has (2002); United States v. Coker, 433 F.3d ongoing legal representation relating to 39 (1st Cir. 2005); but see United States v. Law enforcement officers of other than the subject of that investigation, and Mills, 412 F.3d 325 (2nd Cir. 2005) (reject- federal jurisdiction who are interested (3) the eventual indictment brings charges ing dual sovereignty doctrine as applied in this article should consult their legal precisely anticipated by the scope of the in the Sixth Amendment right to counsel advisors. Some police procedures ruled pre-indictment investigation. context); United States v. Bird, 287 F.3d permissible under federal constitutional 41 Texas v. Cobb, 532 U.S. 162, 121 S. 709 (8th Cir. 2002) (separate sovereignty law are of questionable legality under Ct. 1335 (2001). does not necessarily mean separate offense state law or are not permitted at all. 42 Id. for purposes of the Sixth Amendment).

March 2009 / 31 FBI Law Enforcement Bulletin Author Guidelines

GENERAL INFORMATION leb.htm for the expanded author guidelines, which The FBI Law Enforcement Bulletin is an contain additional specifications, detailed official publication of the Federal Bureau of examples, and effective writing techniques. Investigation and the U.S. Department of Justice. Frequency of Publication: Monthly. PHOTOGRAPHS AND GRAPHICS Purpose: To provide a forum for the ex- A photograph of the author(s) should change of information on law enforcement-related accompany the manuscript. Authors can submit topics. photos and illustrations that visually enhance and Audience: Criminal justice professionals, support the text. The Bulletin does not accept primarily law enforcement managers. responsibility for lost or damaged photos or illustrations. MANUSCRIPT SPECIFICATIONS Length: Feature articles should contain 2,000 PUBLICATION to 3,500 words (8 to 14 pages, double-spaced). Judging Manuscripts: The Bulletin judges Submissions for specialized departments, such articles on relevance to the audience, factual ac- as Police Practice and Case Study, should con- curacy, analysis of the information, structure and tain 1,200 to 2,000 words (5 to 8 pages, double- logical flow, style and ease of reading, and length. spaced). The Bulletin generally does not publish articles on Format: Authors should submit three copies similar topics within a 12-month period or accept of their articles typed and double-spaced on articles previously published or currently under 8 ½- by 11-inch white paper with all pages num- consideration by other magazines. Because it is bered. An electronic version of the article saved a government publication, the Bulletin cannot on computer disk should accompany the typed accept articles that advertise a product or service. manuscript. Authors also may e-mail articles. Query Letters: Authors may submit a query Authors should supply references when letter along with a 1- to 2-page outline before quoting a source exactly, citing or paraphrasing writing an article. Although designed to help another person’s work or ideas, or referring to authors, this process does not guarantee information that generally is not well known. For acceptance of any article. proper footnote format, authors should refer to A Author Notification: The Bulletin staff will Manual for Writers of Term Papers, Theses, and review queries and articles and advise the authors Dissertations, 7th ed., by Kate L. Turabian. of acceptance or rejection. The magazine cannot Writing Style and Grammar: The Bulletin guarantee a publication date for accepted articles. prefers to publish articles in the third person Editing: The Bulletin staff edits all manu- (Point of View and Perspective submissions are scripts for length, clarity, format, and style. exceptions) using active voice. Authors should follow The New York Public Library Writer’s SUBMISSION Guide to Style and Usage and should study Authors should mail their submissions to: several issues of the magazine to ensure that their Editor, FBI Law Enforcement Bulletin, FBI writing style meets the Bulletin’s requirements. Academy, Hall of Honor, Quantico, VA 22135; Authors also should contact the Bulletin staff telephone: 703-632-1952; fax: 703-632-1968; or access http://www.fbi.gov/publications/ leb/ e-mail: [email protected].

32 / FBI Law Enforcement Bulletin The Bulletin Notes

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

Officer Roger Roseberry of the Vinton, Iowa, Police Department responded to a house fire. Arriving several minutes ahead of the fire depart- ment, he found the second floor of the home nearly engulfed and an adult male leaning out of an upstairs window for relief from the heat and smoke. The man advised that he was afraid to jump and that two adult females remained inside. Quickly, Officer Roseberry entered the front door and found both women on the second-floor stairway and helped them outside. The intense heat and smoke did not allow him to go upstairs, so he returned outside to help the male victim. The man insisted that he could not jump, and Officer

Officer Roseberry Roseberry obtained a ladder from a neighboring house, leaned it against the burning residence, and climbed to the victim. After guiding the man to the ladder, Officer Roseberry helped him to the ground. He then assisted all three victims to arriving emergency medical units.

Officers Noah Bradley and Ricky Hendrix of the Russellville, Arkansas, Police Department responded to a report of an elderly woman being attacked by an intruder. Upon their arrival at the residence, the officers heard a man inside and instructed him to open the door. He had blood on both his clothing and a tool belt he was carrying. Once inside, Officers Bradley and Hendrix found the victim, attacked with a hammer, in a bedroom. After arresting the suspect, the officers administered first

Officer Bradley Officer Hendrix aid to the elderly woman until emergency services arrived to transport her to receive medical attention. She survived the incident.

Wanted: Bulletin Notes

The FBI Law Enforcement Bulletin seeks nominations for the Bulletin Notes. Nominations should be based on either the rescue of one or more citizens or arrest(s) made at unusual risk to an officer’s safety. Submissions should include a short write-up (maximum of 250 words), a separate photograph of each nominee, and a letter from the department’s ranking officer endorsing the nomination. Submissions should be sent to the Editor, FBI Law Enforcement Bulletin, FBI Academy, Law Enforcement Communication Unit, Hall of Honor, Quantico, VA 22135. U.S. Department of Justice Periodicals Federal Bureau of Investigation Postage and Fees Paid Federal Bureau of Investigation FBI Law Enforcement Bulletin ISSN 0014-5688 935 Pennsylvania Avenue, N.W. Washington, DC 20535-0001

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Patch Call

The patch of the Gladstone, Oregon, Police The Muncy, Pennsylvania, Police Department Department features depictions of the city’s serves an area with extensive Native American historic Pow Wow tree, the Clackamas and history. Its patch features Fort Brady; the Willamette Rivers, and the overall richness and Margaret E. Waldron Community Center; a plow, beauty of the land. The city’s incorporation date is portraying the area’s rich farmlands; and dividers, at the bottom representing industry.