December 1998 Volume 67 Number 12

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

Louis J. Freeh Director

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

The Attorney General has determined that the publication of this periodical is necessary in Citizen Complaints Handling and resolving complaints the transaction of the public influence community relations with police business required by law. Use of By Richard R. Johnson funds for printing this periodical departments. has been approved by the a Director of the Office of Management and Budget. INTERPOL Investigators around the globe use the The FBI Law Enforcement By John J. Imhoff and services of INTERPOL to coordinate Bulletin (ISSN-0014-5688) is information gathering. published monthly by the Stephen P. Cutler Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW., Washington, DC 20535-0001 . Periodical postage paid at Washington, DC, and Moving and Touching Fourth Amendment considerations arise additional mailing offices. when officers move and touch luggage. Postmaster: Send address Stowed or Checked Luggage changes to Editor, FBI Law Enforcement Bulletin, FBI By Jayme S. Walker Academy, Madison Building, Room 209, Quantico, VA 22135.

Editor John E. Ott Managing Editor Kim Waggoner Departments Associate Editors Glen Bartolomei Cynthia L. Lewis Bunny S. Morris Art Director Brian K. Parnell 6 Police Practice 25 1998 Subject Index Assistant Art Director Realtor-Police Denise K. Bennett Partnership 28 1998 Author Index StaffAssistant Linda W. Szumilo 16 Manager's Bookshelf

Internet Address Violence in the Workplace [email protected]

Cover photo © Digital Stock

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

ISSN 0014-5688 USPS 383-310 Citizen Complaints What the Police Should Know By RICHARD R. JOHNSON I . ~_

itizen complaints against The manner in which police de• complaints remain important issues police officers act as a ba• partments handle and resolve com• for police administrators. C rometer measuring the plaints influences community rela• community's satisfaction with the tions. Complaints reveal police Who Files Complaints? police service they receive. The activities that cause the most con• Studies conducted in Chicago, number and type ofcomplaints filed cern for community members. A St. Louis, and Philadelphia ob• against officers clearly indicate if community that perceives their con• served the types of individuals who problems exist. Citizen complaints cerns to law enforcement officials file complaints against the police. can serve as quality control for po• fall on deaf ears will negatively im• Although the complaints came from lice service because the citizens pact community support for the de• both sexes, many races, a variety of represent the customers who pur• partment. If the community feels ages, and all socioeconomic groups, chase police service with their tax that the police do not investigate a profile developed for the person dollars. Complaints demonstrate their complaints fairly or that biased most likely to complain about po• the need for improved training in judgments usually result, citizens lice conduct. Nonwhite males under certain areas, uncover problem em• will view the police as opponents the age of 30 filed approximately ployees, and identify areas ofpoten• instead of as partners. Under• three-quarters of the complaints tiallegal liability. standing and responding to citizen against the police. Over one-half of

------______December 1998/1 Officers under age 30, with less " t h . . f than 5 years of police experience ... e ma/onty ° and only a high school education complaints filed suffer the greatest risk for receiving against the police a complaint.4 These facts illustrate do not find the the importance of maturity to per• accused officer form the job functions of a law en• guilty. forcement officer. Generally less aggressive and more mature, older officers have learned to communicate with " people through years of life experi• ence. By trial and error, they have Mr. Johnson, a former Indiana state trooper, currently serves as an adjunct professor at Vincennes University in Indianapolis, Indiana. learned various ways to understand and effectively deal with various in• dividuals. Seasoned officers have gained experience negotiating in the complainants were divorced or that the complaints signify local various situations, and officers with single and unemployed or blue-col• problems for the department. How• over 5 years of police experience lar workers with at least one prior ever, because many jurisdictions have learned to handle people in arrest. In most cases, individuals share the same types of complain• stressful situations. In many in• who filed complaints lived in the ants, perhaps a nationwide dissatis• stances, when officers do not de• jurisdiction of the department com• faction with police service exists velop effective communication plained against.! Studies in Canada among this group. skills after 5 years, administrators found the same profile for individu• might terminate them, or they might als filing complaints against the po• Against Whom? voluntarily leave their career in law lice in that nation, as well. 2 Similar to the typical person enforcement. The young, unmarried, low-in• who complains about police con• Formal education in psychol• come, nonwhite male represents the duct, the average officer com• ogy, sociology, and communication profile of a citizen most likely to plained against has the most contact help college-educated officers complain against the police. This with the public. Officers assigned to avoid many complaints. Their ad• person generally has the most con• uniformed patrol duties received vanced education provides them tact with the criminal justice sys• the most complaints. In the studies with a better understanding of the tem, demonstrated by the fact that reviewed, the majority of officers world and their place in society. the majority of these complainants who had complaints filed against College campus life provides an ex• had prior arrests. A higher level of them were white males-the major• cellent environment to learn inter• contact with the police results in a ity of police officers in the nation. 3 personal communication skills and higher probability of unhappiness As women and members of ethnic experience cultural diversity. Offi• with the conduct of the police. minority groups increase in num• cers possessing police work experi• This fact underscores the im• bers within the police profession, ence, maturity, and higher educa• portance of community policing ef• complaints against these groups tion appear better equipped to forts targeted at improving relations probably will increase. handle stressful situations without with youth, racial minorities, and Even though all uniformed offending individuals. those individuals in lower socioeco• patrol officers have a high probabil• Research demonstrates that of• nomic groups. The fact that most ity of receiving a citizen com• ficers' chances of receiving a com• complainants live within the plaint, some officers' characteris• plaint may increase if they work department's jurisdiction shows tics slightly elevate this chance. with a partner. Several studies have

2/ FBI Law Enforcement Bulletin found that two-officer patrols re• otherwise innocent comment as a call dispatched from a citizen's re• ceive a complaint more often than rude remark. Officers need to port. A patrol officer uncovering one-officer units.5 This might stem understand people and situations in suspicious or criminal behavior ex• from a sense ofsecurity officers feel order to comprehend how citizens emplifies such situations. In these when working with constant will react to their statements. incidents, officers may not appear backup. An officer might talk tough About one-quarter of the com• as friendly as usual because they to a suspect with a partner present to plaints filed against police officers just witnessed illegal activity. The avoid appearing like a coward. If a dealt with excessive force issues.8 circumstances also do not provide citizen speaks aggressively to one These complaints included off-duty the officer with time to mentally of the officers, the partner may feel uses of force as well as on-duty ap• prepare for the encounter. In addi• the need to defend the officer's plications of force. Many off• tion, the unexpected appearance of reputation by snapping back at the duty uses of force involve criminal the police surprises the citizens and citizen. Of course, pairing officers acts, such as bar fights or domestic causes the resident to become together could double the chance battery situations. After excluding overly sensitive to any statements that someone in the unit will receive or actions from the police. This fac• a complaint. tor might create the high proportion of complaints against two-officer For What Reason? units. Because ofthe added sense of Studies conducted in Florida, Officers assigned to safety and the extra pair ofscanning Illinois, Missouri, Pennsylvania, "uniformed patrol eyes, more on-site situations might and Washington revealed citizens duties received the involve two-officer units. complain most about the police A large percentage of com• officer's verbal conduct. In each most complaints. plaint-producing incidents involve study reviewed for this article, ap• situations when the police contact proximately 50 percent of the com• complainants in front of their fami• plaints described rude or inappro• lies or friends. The potential embar• priate statements made by an direct criminal acts, on-duty exces• rassment from the officer's ques• 6 " officer. Interestingly, citizens ap• sive force incidents involving arrest tioning or the possible arrest in peared more concerned by how of• situations resulted in less than one• front of loved ones causes citizens ficers spoke to them than by what quarter ofall complaints against the under these circumstances to be• the officer specifically said to police. This reveals that excessive come hypersensitive to what they them.7 use offorce by police officers while consider rude behavior or excessive Many complainants accused effecting an arrest represents a force. The offended citizen may the officer ofusing a gruffor conde• problem to address, but it does not worry more about damage to his scending tone of voice. This clearly appear as widespread as the media social status when detained by the identifies a nationwide need for im• portrays. The last quarter of the police in front of his girlfriend than proved interpersonal communica• complaints include additional un• if stopped alone. tion training for police officers. ethical and nonviolent illegal con• The majority of complaint-pro• Most department policies prohibit duct by the police both on duty and ducing incidents occurred within 1 officers from cursing or using ra• off duty. or 2 miles of the complainant's cially derogatory language, but home. Citizens may feel that the regulating all behavior defined as Under What Circumstances? police disrupt the comfort and secu• rude remains difficult. Each citizen Over one-half of the situations rity oftheir homes when confronted contact situation varies, and cul• that result in a citizen complaint in their own house, apartment com• tural differences may exist that come from on-site interventions plex, or neighborhood. Many indi• cause citizens to misinterpret an with police officers rather than a viduals in inner-city communities

------______December 1998/3 view the police as outsiders and feel review boards to handle CitIzen police do not fmd the accused of• a confrontation near their home complaints. For the past decade, ficer guilty.12 Some of the com• represents an invasion of their own over one-half of major city police plaint situations are cleared because turf. Incidents occurring near the departments include some type of the alleged police conduct never proximity of their home also in• civilian involvement when handling happened. A disgruntled citizen crease the chances of a friend or citizen complaints.9 might have lied for various personal family member observing an arrest, reasons. Other complaints are again inciting subjects to defend cleared because the complainant their status. simply misinterpreted the legal and Further research reinforces the ethical behavior of the officer. Fi• fact that the majority of excessive ... officers' nally, many complaint situations force complaints stem from arrests " chances of lack physical evidence or unbiased at domestic battery calls. Police of• receiving a witnesses to support the claims of ficers know that domestic distur• the complainant. bance calls can become extremely complaint may Investigations substantiate less dangerous and may apply force increase if they than one-third of the complaints re• quicker in these situations than on work with a garding police verbal conduct,13 other calls. Because subjects have partner. partly because of the difficulty de• uninvited police officers in their fining rude behavior. Acceptable homes in these situations, they may comments in one situation may not feel threatened and overly sensitive be appropriate if made to another to anything the officers do or say. person in another situation. Disci• With the subject's family nearby, Yet, cItlzens in communities" plining officers can prove difficult officers tell individuals how to con• with a civilian review system do not simply because a citizen found their duct family business. Subjects appear to have more confidence in tone of voice or facial expression might feel damage to their social the manner in which departments offensive during an encounter. status and power within the family. handle citizen complaints. Studies However, because most complaints Family members become dis• analyzing several different civilian of inappropriate verbal behavior tressed if an individual resists ar• review systems revealed that citi• only result in minor disciplinary ac• rest, thus compelling police officers zens felt just as unsatisfied when a tions, such as issuing a letter of rep• to use force. Normal and acceptable civilian review board handled their rimand or making an apology to the force can easily seem excessive to a complaints as when the police citizen, these complaints carry a civilian witnessing it applied to a handled their complaints. 10 Regard• lower burden of proof. family member. All of these factors less of who investigates, records Only a little more than one• form a situation in which officers show that case dispositions vary tenth of excessive force complaints must use tremendous tact and little-hoth civilian and police re• are substantiated. 14 Excessive force patience in order to remain view systems fmd the majority of complaints can result in administra• professional. complaints unsubstantiated. I I Sur• tive punishments (e.g., suspension prisingly, residents still prefer the without pay, termination, or civil How Are Complaints Resolved? idea ofa citizen review system over court action) and may even result in Surveys found that one-half of the police investigation, and with criminal charges because an exces• all Americans do not believe the this in mind, failing to respond to sive force complaint carries a much police can investigate other police community desires can further de• higher standard of proof than a officers in an unbiased manner. As stroy citizen confidence in the verbal behavior complaint. A lack a result, politicians and community police. of unbiased witnesses can influ• groups push for the use of civilian Research shows that the major• ence a case alleging excessive oversight committees and civilian ity of complaints filed against the force. However, in extreme cases,

4/ FBI Law Enforcement Bulletin physical evidence (e.g., cuts, the neighborhood, not as out• Police departments should bruises, missing teeth, and broken siders who are indifferent to their handle every complaint from the bones) exists to support the concerns. community with concern and pro• citizen's claims. Research shows the importance fessionalism. Listening to citizen Complaints regarding unethical of interpersonal communication in complaints shows the department and nonviolent criminal activity by police work. Police agencies should what concerns exist within the com• police officers are substantiated in hire mature, educated officers with munity and also reveals how the over one-third of the cases.15 Com• strong communication skills and community feels about their police plainants can more easily prove this provide further instruction and ex• service. By taking corrective action type of activity because it often in• perience in communication tech• to reduce the causes of citizen com• volves other people, for example, niques. Human relations and cul• plaints, police supervisors improve dealing drugs to a citizen, patroniz• tural diversity training help equip the quality of police service ... ing a prostitute, or taking a bribe. At new officers with the tools to the same time, these cases may be handle stressful situations. Endnotes difficult to prove because police of• 1 Allen Wagner, "Citizen Compl aints ficers perform these illegal acts in Against the Police: The Complainant," Journal secret and the witnesses- some• ofPolice Science and Administration 8 ( 1980): times accomplices to the criminal 247-252; James Hudson, "Police-Citizen Encounters that Lead to Ci tizen Complaints," act- may be reluctant to testify. Social Problems 18 (1970): 179-1 93; Wayne Even though investigations Kerstetter, Kenneth Rasinski , and Cami Heier!, substantiate less than one-third of "The Impact of Race on the Investigation of all complaints against police offi• Excessive Force Allegations Against Police," cers, it remains extremely important Journal of Criminal Justice 24 (1975): 1- 15 . 2 Susan Watt, "The Future of Civilian for police administrators to treat ev• Oversight of Policing," Canadian Journal of ery complaint seriously until it is Criminal Justice 33 (1991): 347-362; Tammy properly investigated. In doing so, Landau, "When Police Investigate Police: A View from Complai nants," Canadian Journal administrators help to cultivate the ofCriminal Justice 38 (1996): 29 1-3 15. public's trust and advance the ethi• J Ibid., Wagner. cal goals of the police profession. 4 Ibid., Wagner. 5 Ibid., Wagner. Conclusion Finally, research demonstrates 6 Albert Reiss, Th e Police and the Public (New Haven: Yale, 1971); David Griswold, Research on citizen complaints that the age-old problems of police "Complaints Against the Police: Predicting against the police highlights several corruption and brutality still exist, Dispositions," Journal of Criminal Juslice, 22 areas of dysfunction between the although not as frequently as the ( 1994): 2 15-22 1; John Dugan and Daniel police and the community. The re• media portray. Police agencies Breda, "Complaints about Police Officers: A Comparison Among Types and Agencies," search demonstrates that a misun• should attempt to understand the re• Journal of Criminal Juslice, 19 ( 199 1): derstanding exists between the po• ality of these problems and handle 165- 171 . lice and young males from lower them in a professional manner. By 7 Angela Woodhull, Police Comm unication socioeconomic neighborhoods and removing brutal officers from the in Traffic SlOpS (Rochester, VT: Schenkman, 1993); and Ibid.,Hudson;Reiss. also suggests a general lack of faith public position they have abused 8 Ibid., Dugan and Breda; Griswold; Reiss. in the police by most ethnic minor• and prosecuting corrupt officers for 9 Ibid., Griswold. ity groups, indicating a strong their crimes, the law enforcement 10 Ibid., Griswold . need for community policing ef• profession will gain support from 11 Ibid., Landau. 12 Ibid., Landau. forts nationwide to repair these rela• the community by demonstrating 13 Ibid., Gri swold . tionships. The community should that the police are not above the 14 Ibid., Griswold . view the police as their partners in law. 15 Ibid., Griswold .

December 1998 / 5 Photo © Orlando Mendez Po/ice Practice

Realtor-Police Partnership for Safety By Karl Leonard

hese newspaper stories depict only a few of "In Coral Gables, Florida, an agent is T the increasing numbers of crimes committed against real estate agents nationwide. Real estate raped at knifepoint in a vacant home by agents have daily, one-on-one contact with various a man who has an appointment to see individuals- virtual strangers- and put themselves at property. "1 risk every day. They advertise their availability by displaying a trail of signs, usually adorned with "30-year old murdered after she left to balloons indicating an open house, and remain show a vacant house ...apparently relatively easy targets to criminals. Personal safety strangled with bare hands. "2 and security remain important issues. The National Association of Realtors reports an '}\ Daytona Beach agent was stabbed to increase in crimes against real estate agents in recent death by someone apparently posing as years. These crimes, ranging from minor thefts and assaults to rapes and even murder, occur throughout a customer.... "3 the country. A 1996 report on the real estate industry estimates the total number of agents and brokers in "Real estate agent robbed outside her the United States at 2,350,000. In 1996, the National office. "4 Association of Realtors consisted of 695,000 mem• bers, with females representing 54 percent of that

6/ FBI Law Enforcement Bulletin ------• Additional Information total. 5 Female real estate agents, in particular, become targets during house showings when meeting the For further information contact: client alone or at night. Anyone can become a victim, including real estate agents, and everyone should National Association of Realtors anticipate what can happen. The Michigan Realtor 430 North Michigan Avenue Magazine advised that "the first step in preventing Chicago, Illinois 60611 any crime is the knowledge that it can happen to you," (312) 329-8200 and "denial stops most people from anticipating what can happen. "6 Women's Council of Realtors By forming a partnership with local realtors, 430 North Michigan Avenue police departments can help real estate agents identify Chicago, Illinois 60611 and possibly prevent crimes against them. To prevent (312) 329-8483 the nationwide trend of violent acts against real estate agents from becoming a local reality, the Chesterfield County, Virginia, Police Department began a joint training venture with area realtors as an extension of their community policing program. outward appearance. Officers also instruct real estate agents to identify clients before a house showing by A JOINT TRAINING PROGRAM acquiring an address and telephone number, ifpos• Encompassing metropolitan Richmond and sible, and to leave this information with another approximately 500 square miles in size, Chestemeld individual. Officers advise realtors to show homes in County boasts a diversified make-up of business, pairs when possible, especially at night, and inform industry, and residential housing. The current popula• another person of their destination and who will tion rests at over 250,000, with a steady increase of accompany them, all while within earshot of the home sales in the forecast. With a significant number client. These precautions advise prospective custom• of home sales comes a large number of realtors, and ers that other individuals know their names and the in tum, possible crime victims. Although Chesterfield realtor's location at all times and that assistance County realtors have not reported any major crimes, remains available to realtors in emergency situations. the initiation of a joint training program between the Officers should advise real estate agents to drive local law enforcement community and area real estate customers in their own vehicles when showing agents seeks to ensure crime prevention and personal property and ensure that their cars remain in good safety. running condition. This gives real estate agents control of the situation and eliminates various safety Safety Issues issues, such as the client pretending to run out of gas In training sessions offered every 6 months, in a desolate area. By parking their vehicles in a officers from Chesterfield County's community noticeable area (i.e., on the street in front of the house policing and crime prevention divisions provide on show) agents can make a quick exit ifnecessaly. valuable safety tips that help realtors thwart possible Law enforcement officers also instruct real estate harmful situations. Police officers instruct realtors agents on ways to identify dmg users and notice signs how to take precautions when meeting prospective of drug abuse, both factors that can warn realtors of clients and how to protect themselves if an incident an impending problem. Clients left alone may prepare occurs. Among the infonnation provided, officers the house for a later burglary by unlocking doors/ advise realtors to conduct the first meeting with windows or planting weapons for a future visit; clients at the realty office. This provides the realtor an therefore, officers caution realtors to remain with opportunity to become somewhat acquainted with customers throughout the house to help prevent future clients, rather than merely judging them by their incidents.

------______December 1998/7 " '''IF"'' 11 II " Safety Points for Realtors

Topics covered in a training program between local police departments and real estate agencies should include instructing realtors to:

• Attempt to identify clients before a house • Never carry a large amount of money or showing. wear a lot ofjewelry. !i • Never leave items identifying personal • Establish a prearranged distress signal with information available to clients. each realtor agency member and family • Never give out their home telephone num• members to use in emergencies. bers/addresses. • Always drive their own vehicle. • Remember their obligation to protect their • Always ensure their vehicle remains in good clients by maintaining confidentiality and running condition. not releasing sensitive client information • Park their vehicle in a noticeable area when (e.g., client's home telephone number and showing property. address). • Keep vehicle keys easily retrievable in case • Practice office security awareness (e.g., do of an emergency. not leave realtor's or client's home tele• phone numbers/addresses in an area open • Remain suspicious of spur-of-the-moment 1• to public access). showings or clients who rush their schedule. • Tell another individual their destination. • Always have a plan.

1

Not only designed to provide realtors with safety work 7 days a week, all hours of the day, and travel tips, the training program also offers a physical through many subdivisions and housing areas that law defense training session where police officers prepare enforcement officers may not always get a chance to realtors for unexpected holds such as bear hugs and patrol. Real estate agents can act as extra eyes for the how to escape them, how to break handholds, and police. Many realtors travel with a cellular telephone ways to defend themselves against choke holds. These and can contact law enforcement officers when classes can benefit realtors caught alone with indi• observing any unusual activities in their areas. This viduals attempting to overpower them. further assists the police department in their efforts in Finally, officers stress that above all, real estate crime prevention and reduction as well as in the agents should always have a plan. By anticipating apprehension of violators. incidents and preparing ahead of time for a response, dangerous situations can be prevented. If running RESULTS remains the only option, realtors should have a The realtor community expresses enthusiasm destination in mind so that a worse situation does not about this program, readily welcomes the police into develop. their world, and continues to show support with the police department. Initially a short-term program, the Realtors Helping Police partnership continues as officers from the depart• In addition to preventing crime by educating ment's safety and community support division realtors, this program also represents a partnership regularly participate in the activities of such organ• intended to benefit law enforcement officers. Realtors izations as the local business associations or retail

8 / FBI Law Enforcement Bulletin merchants associations. This partnership, another can provide valuable information to police depart• branch of the community policing program, has ments concerning criminal activity, as well. Depart• resulted in positive community relations in Chester• ments throughout the country should capitalize on field County. realtors' assistance, and in tum, form lasting partner• As is the case in Chesterfield County, Virginia, ships with them .... most states have governing boards that mandate realtor training annually. If approved, this training Endnotes rewards the realtors as well as satisfies part of their I "Real Estate Agent Raped in Gables," Miami Herald, November 25, annual training requirements. Almost all populated 1996, I B. areas have a local realtor association with which to ' ''Realtor Safety: You May Lose a Sale, but if the Situation is work. These associations usually have education and Uncomfortable Then Bow Out," Th e Illinois Real/or, November 1994, public affairs departments that can provide assistance. 18. 3 "Safety First," Florida Real/or, June 1994, 18. 'Ibid. CONCLUSION 5 Jennifer Montgomery, National Association of Realtors, Chicago, IL, Creating a partnership between local police interview by author, December 1996. departments and real estate agencies can prevent 6 "The Keys to Your Protection," The Michigan Realtor Magazine, May 1994,8. realtors from becoming victims. By initiating a joint training program with real estate agencies and provid• Lieutenant Leonard serves as a shift commander with the ing valuable safety tips, local police departments Chesterfield County Police Department in Chesterfield, prepare realtors for attempted crimes against them. Virginia. These training programs not only benefit realtors but Subscribe Now

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December 1998 / 91 INTERPOL Extending Law Enforcement's Reach Around the World By JOHN J. IMHOFF, M.A., CPA, and STEPHEN P. CUTLER, M.A.

police chief in a small midwestern town receives A an anonymous note that an immigrant, a recent arrival to the community, allegedly has a long history of involvement in illegal drug abuse and is wanted in his native country for drug offenses. The chief wants to deal firmly with potential drug dealers but finds himself stymied in his ability to contact authorities overseas to research the allegations due to language barriers and time zone differences. In another city, officers find a sizeable hoard ofcash in a suspect's possession during the execution ofa search warrant. The officers strongly suspect that the money constitutes proceeds from illegal drug transactions. The suspect, however, claims he legitimately earned the money during his rock band's tour of Europe. The courts initially seem sympathetic to the suspect's arguments, and the seiz• ing officers become frustrated in their ability to disprove the suspect's story. and do other undocumented menial communicate their request to that Parents from a European nation field labor for extremely low person in the appropriate language? send their daughter to a school in wages. How can police officers accom• the United States for advanced How can the officers in these plish routine humanitarian tasks studies in the English language. She situations verify their suspicions? when confronted by international is hired by an unscrupulous em• How do they determine the appro• borders? ployer who makes her work in a priate foreign agency or person to The officers in each of these kitchen under dangerous conditions contact for information and then cases could take advantage of the International Criminal Police Orga• information, and seek the return of NCB offices around the globe nization, more commonly known as fugitives or stolen property. handle requests for assistance INTERPOL. Created nearly a cen• INTERPOL conducts these tasks from police departments or judicial tury ago, INTERPOL enables law within the framework of treaties authorities daily. Departments fre• enforcement information to flow and international laws but effec• quently request assistance in locat• easily from officer to officer across tively accomplishes them in most ing a fugitive or obtaining informa• borders, language barriers, time cases because the member nations tion about a criminal. In those zones, and terrains in the basic ser• have agreed to the methodology es• cases, INTERPOL headquarters vice ofjustice. tablished by INTERPOL. may issue an international circula• tion of information known as a dif• INTERPOL's Mission The Communication System fusion--an electronic dissemina• INTERPOL originated in 1914, INTERPOL connects its world• tion of wanted person information when police professionals from 14 wide offices through a secure com• to agencies in a particular country European countries gathered in munication network that enables or area who then immediately Monte Carlo, Monaco, to discuss confidential and instantaneous han• broadcast the wanted person infor• currency counterfeiting and other dling of messages and leads for in• mation to their officers. The diffu• matters of mutual interest. Then, as ternational criminal investigations. sion acts in the same manner as an now, criminal activity flowed easily This network links the central of• "all points bulletin" or "APB," and across national borders while police fice, known as the National Central precedes the official wanted person officers found themselves limited Bureau (NCB) in each of the 177 flier or red notice. by sovereignty, laws, absence of INTERPOL member nations with INTERPOL also may issue a treaty relations, nationalistic pride, each other as well as INTERPOL notice, similar to a diffusion, and and a general lack of cooperation. headquarters. This secure commu• transmit it simultaneously to all 176 Founded on the recognition of, nication system carries text mes• member countries and the NCB in and respect for, national sover• sages, as well as high-resolution the United States (USNCB). eignty, INTERPOL is not an inter• images, such as counterfeit notes, INTERPOL color-codes these no• national police force, has no police photographs, or fingerprints. tices into 10 categories and uses powers of its own, and does not have its own independent agents or officers. The organization facili• tates the interaction and coopera• tion of police agencies in nations around the globe. Those agencies operate within their own national boundaries and remain bound by their own national laws and regula• tions. INTERPOL does not conduct investigations on its own authority or without a request for assistance from a recognized law enforcement authority of a member nation. Now headquartered in Lyon, France, INTERPOL helps local, Special Agent Imhoff heads the SpeCial Agent Cutler is detailed from state, and federal law enforcement FBI's detail at INTERPOL's U.S. the FBI's International Relations agencies coordinate their investiga• National Central Bureau in Branch to INTERPOL's U.S. National tions with the world, rapidly obtain Washington, DC. Central Bureau in Washington, DC.

------______December 1998/11 them to communicate various types white notice, and the FOPAC reliability are ensured. To protect ofinformation. Because ofthe color bulletin provides money laundering against disruption or interception, code, officers receiving the notice information. INTERPOL encrypts all of its immediately know the nature of the INTERPOL uses the notice communications. alert. For example, INTERPOL is• program to give wide publicity to In addition to providing sues a red notice alerting officers at other areas, as well. Yellow notices secure communication facilities, any location, especially border and feature missing persons, including INTERPOL has taken important immigration checkpoints, that their missing or abducted children. Infor• steps to ensure that its archived or subject has outstanding arrest war• mation requests related to unidenti• filed information remains safe. A rants. The red notice functions as an fied dead bodies whose true identi• supervisory board governs policy international wanted poster, and a ties have been masked by apparent for the records held by INTERPOL number of countries recognize it as false documents may be circulated and sets out rules and regulations a legitimate arrest warrant. through black notices. for the organization to follow. The INTERPOL uses a blue notice board conducts checks and audits to when authorities gather information guarantee the implementation of about a suspected criminal or want proper procedures. to trace and locate a subject. In this INTERPOL conducts all busi• way, blue notices help lawenforce• [INTERPOL] ness in four of the most commonly ment officials find material wit• " facilitates the spoken languages: Arabic, English, nesses or develop new leads and French, and Spanish. Thus, commu• information on subjects. interaction and nications remain standardized with• For a proactive action, cooperation ofpolice out the need to translate hundreds of INTERPOL may issue a green no• agencies in nations languages. INTERPOL communi• tice to alert authorities of career around the globe. cations travel around the world with criminals who have committed, or little difficulty because of this uni• are likely to commit, offenses in formity of languages. several countries. These habitual offenders typically are convicted Information Resources child molesters or child pornogra• In order to issue a notice" from ". INTERPOL headquarters also phers who move freely worldwide the United States, the USNCB must operates the Automated Search Fa• in search of new victims. receive a written request. For a red cility, or ASF system. This system Purple notices detail unusual notice, or wanted person notice, the allows NCBs to search for interna• criminal methods of operating or USNCB must have a confirmation tional records on people, using new methods of contraband con• of both a felony warrant and entry such criteria as family name, in• cealment, and gray notices circulate into the National Crime Informa• cluding phonetic spellings, given information about various orga• tion Center computer. Additionally, names, dates of birth, and nationali• nized crime groups and activities. prosecuting attorneys must certify ties. Through ASF and other On occasion, INTERPOL dissemi• that they will cooperate with the INTERPOL databases, police offic• nates information concerning inter• U.S. Department ofJustice in extra• ers gain access to criminal informa• national criminal activity that does diting the fugitive back to the tion, such as arrest warrants, from not involve a specific group but re• United States, including the cover• around the globe. mains important. Orange notices ing costs of transportation and other In addition to providing the 1 alert agencies to this activity. Infor• related matters. ability to communicate rapidly, a mation detailing and describing dif• The free flow of information variety of state-of-the-art computer ferent types of stolen or seized cul• between law enforcement officers systems allow member countries to tural objects is circulated via a only can exist if confidentiality and carry out the mission of combating

12/ FBI Law Enforcement Bulletin ------• Types of INTERPOL Notices

Red Seeks arrest of subjects for whom arrest warrants have been issued and where extradition will be requested (e.g., fugitives). Blue Seeks information (e.g., identity, criminal records) for subjects who have committed criminal offenses and is used to trace and locate a subject where extradition may be sought (e.g., unidentified offenders, witnesses). Green Provides information on career criminals who have committed, or are likely to commit, offenses in several countries (e.g., habitual offenders, child molesters, pornographers). Yellow Seeks missing or lost persons (includes missing and abducted children). Black Provides details of unidentified dead bodies or deceased people who may have used false identities. White Circulates details and descriptions of all types of stolen or seized property, including art and cultural objects. Purple Provides details of unusual modus operandi, including new methods of concealment. Gray Provides information on various organized crime groups and their activities. Orange Provides information on criminal activity with international ramifications but not involving a specific person or group. FOPAC Provides money laundering information for use in countering international money laundering.

international crime. Several sec• assistance for local law enforce• criminal investigative agencies, as tions within INTERPOL's head• ment. They collect and disseminate well as numerous other professional quarters maintain databases con• documents and intelligence (e.g., personnel. Working under the au• taining records of the names and current criminal trends) bearing on thority of the U.S. Department of aliases of people linked to interna• international police cooperation Justice and in cooperation with the tional crime, as well as records of and ensures that requests for assis• U.S. Department of Treasury, the counterfeit currency seizures, theft tance from both domestic and inter• USNCB divides its workforce into of works of art, lO-print finger• national agencies are met. The several operational sections to ef• prints (versus single-print finger• NCBs communicate directly with fectively address law enforcement prints), and photos of individuals one another and also keeps needs. implicated in international crimes. INTERPOL headquarters advised The Alien/Fugitive Division as• These databases give a police of• of ongoing probes. sists officers in locating fugitives ficer access to an extensive array of who allegedly have fled the United information. INTERPOL's U.S. Role States or may have entered the The representatives from the Located in Washington, DC, United States to avoid arrest in an• NCB in each member country car• the USNCB houses individuals de• other country. This division also in• ry out virtually all investigative tailed from all of the major federal vestigates immigration violations,

______December 1998i13 missing persons, and passport fraud pornography, and a variety of re• as warranted. The notice program and successfully resolved the case lated fraudulent activity. Finally, provides an example ofhow the sys• involving the drug dealer immigrant working with analysts at tem is used most frequently. introduced at the beginning of this INTERPOL headquarters, USNCB Second, although the liaison of• article. This USNCB group main• personnel track new trends in drug ficers have the world thoroughly tains close coordination with the trafficking and money laundering. covered with their territorial assign• Department of Justice to meet ex• INTERPOL does not replace ments, travel budgets and logistics tradition treaty requirements and the liaison officers of any U.S. still make some remote countries oversees INTERPOL's red notice agency serving abroad. Those rep• difficult to service. In these in• program. resentatives remain a logical first stances, the INTERPOL USNCB Agents and analysts assigned choice for conducting overseas in• may provide an alternative means of to the Criminal Investigative Divi• vestigations for such agencies. setting out investigative requests. sion investigate a wide array of of• Nonetheless, where applicable, the INTERPOL must closely coordi• fenses. These include organized INTERPOL USNCB works coop• nate this usage with interested agen• crime, kidnapping, terrorism, out• eratively with those agencies. Pri• cies to avoid duplicate efforts. law motorcycle gang activity, child marily, this work will occur in one abduction, art theft, and violent of two areas. Investigative Limits crimes such as murder, rape, and Given the diverse array of gov• robbery. ernment structures within the orga• Agents from this division suc• nization, INTERPOL must strive to cessfully resolved the dilemma avoid having its criminal investiga• faced by the officers in the second To protect tive capabilities distorted for other introductory scenario by contacting " against purposes. To this end, INTERPOL authorities in Europe and proving disruption or will not intervene in activities of that the rock band did not tour the a political, military, religious, or cities claimed during the period interception, racial character. Nonetheless, stated by the defendant. They also INTERPOL INTERPOL does conduct investi• assisted in locating the child cited in encrypts all of its gations of terrorist attacks and dis• the third example. The successful communications. tinguishes them from military or resolution of this case highlights the political crimes. INTERPOL does close working relationship the not consider terrorist offenses po• Criminal Division enjoys with the litical or military when committed National Center for Missing and outside a "conflict area" (i.e., a de• Exploited Children, an interna• First, INTERPOL's worldwide" militarized zone) or when the vic• tional information clearinghouse. broadcast communication capabili• tims have no connection with the This division also has provided in• ties are unique. When used ef• aims or objectives pursued by the valuable assistance in recovering fectively, the system serves much offenders. Thus, INTERPOL may, stolen art and cultural treasures and like the U.S. National Law Enforce• under most circumstances, assist in returning those works to their ment Telecommunications System investigations of crimes commonly proper owners. (NLETS), only worldwide. It labeled as terrorist events. The agents and analysts who provides the most expeditious In order for INTERPOL to as• staff the Financial Fraud Division means ofbroadcasting law enforce• sist in investigations, the originat• focus on money laundering, cur• ment messages around the world. ing agency must include a statement rency and bank card counter• The agency sending the message of the matter under investigation feiting, financial instrument smug• can include U.S. agency liaison of• with every query, assuring the re• gling, computer crimes, child ficers on these broadcast messages ceiving country the legitimacy of

14/ FBI Law Enforcement Bulletin - ______.. il II INTERPOL State Bureau Offices and Telephone Numbers !l;! 11ontgomery,AJL 334-260-1170 West Trenton, NJ 609-882-2000, Ext. 2638 :! Anchorage, AK 907 -265-9583 Albuquerque, N11 505-841-8053 :! Phoenix, AZ 602-223-2158 Albany, NY 518-485-1518 Little Rock, AR 501-618-8373 NewYork, NY 212-374-5030 .j Sacramento, CA 916-227-4186 Raleigh, NC 800-334-3000 ·l Denver, CO 303-239-4310 Bismarck, ND 701-221-5500 Ii 11eriden, CT 203-238-6561 London,OH 800-282-3784, Ext. 223 J Dover, DE 302-739-5998 Oklahoma City, OK 405-848-6724 ! Tallahassee, FL 850-488-0586 Salem, OR 503-378-3720 Decatur, GA 404-244-2554 Harrisburg, P A 717-705-2344 Honolulu, HI 808-586-1249 N. Scituate, Rl 401-444-1006 11eridian, ID 208-884-7124 Columbia, SC 803-896-7008 Springfield, IL 217-782-8760 Pierre, SD 605-773-3331 Indianapolis, IN 317-232-7796 Nashville, TN 615-741-0430 Des 11oines, IA 515-242-6124 Austin, TX 512-424-2200 Topeka, KS 913-296-8261 11urray, UT 801-284-6200 Frankfort, KY 502-227 -8708 Waterbury, VT 802-244-8781 Baton Rouge, LA 504-925-6213 Richmond, V A 804-323-2493 Augusta, 11E 207-624-8787 Olympia, W A 360-753-3277 Columbia, 11D 410-290-0780 South Charleston, WV 304-558-3324 Framingham,11A 508-820-2129 11adison, WI 608-266-1671 Lansing, 111 517-336-6637 Cheyenne, WY 307-777-6615 St. Paul, 11N 612-642-0610 Washington, DC 202-724-1426 Jackson,11S 601-987-1592 Pago Pago, 684-633-2827 Jefferson City, 110 573-751-3452 American Samoa Helena,11T 406-444-3874 San Juan, Puerto Rico 787-729-2048 Lincoln, NE 402-479-4957 St. Croix, U.S. Virgin 809-778-6601 Carson City, NY 702-687-3346 Islands Concord, NH 603-271-2663

Law enforcement agencies requiring assistance from INTERPOL should contact the liaison office in their state. Additional information is also available through the USNCB at 202-616-9000; fax, 202-616-8400; NLETS, DCINTEROO; or on the Internet at http://www.usdoj.gov/usncb/

T I the inquiry and the right to chal• the USNCB suggests that agencies records indicated more than lenge. Generally, an offense must review outstanding warrants and 400,000 active wanted person be a violation oflaw in all countries other cases for those whose subjects records; however, fewer than 600 requesting investigations. may have some international con• international fugitive wanted no• nection. This may be by birth, past tices have been issued by the United Contact Guidelines travel history, known associations, States. This comparison indicates How can police agencies in the or even simple possession ofa pass• that law enforcement agencies may United States extend their reach port. A recent review of the Na• not be using INTERPOL's red no• around the world? As a first step, tional Crime Information Center tices to their fullest potential.

--______December 1998/15 Each of the 50 states-along Unfortunately, as advantageous as with Puerto Rico, Washington, DC, this may sound for businesses, New York City, the Virgin Islands, criminals also can benefit from the and American Samoa-has a desig• ease of transport. The speed at nated state liaison office through which these transactions occur of• which state and local officers may ten allows criminals to elude inves• connect to NCBs around the world. tigators before they can obtain ar• Thus, when a state or local agency rest warrants. Illegal activity also believes that INTERPOL may be may take place on a scale beyond useful in an investigation, it should the ability of a single agency to ap• contact the state liaison office to propriately respond. forward information to the USNCB. In this age of computer-driven Agencies can accomplish this by crimes and jet travel allowing the fax, telephone, mail, or by using crossing of international borders NLETS. Requests for assistance with ease, police officers must use should incorporate all available de• all available tools to maintain a tails, including a thorough descrip• level playing field with criminals. tion of suspects, set out in clear, Knowledge of these tools remains concise language, as well as a state• an important step, but actually us• Ticking Bombs: Defusing ment of the nature of the request to ing the tools empowers an agency to Violence in the Workplace, by be made of the overseas NCB. Fed• fulfill its mission of protecting its Michael Mantell, Ph.D., with Steve eral agencies should follow their citizens. Albrecht, Irwin Publishing, New York, own policies and guidelines for Since early this century, New York, 1994. contacting INTERPOL. Although INTERPOL has been a tremendous agencies incur no direct cost for resource to law enforcement. It pro• When it comes to crime and INTERPOL services, they must vides police officers the ability to violence, police officials take a certain bear the cost of extradition-related reach out to every continent to find amount of comfort in knowing that the expenses, such as transportation of fugitives, obtain information need• private sector looks to them for the fugitive back to the United ed for prosecution or investigation, research, management, and training. States to face charges. and return stolen art and other But when it comes to workplace valuable property to the rightful violence, particularly by nonstrangers, Conclusion owner. Whether the person need• law enforcement lags far behind the International impediments to ing assistance is a police chief in private sector in recognition, preven• commerce relax with each passing a small town, a county sheriff, or tion, and management. Ticking month. The North American Free an agent from a federal law Bombs: Defusing Workplace Violence Trade Act, the European Union, and enforcement agency, INTERPOL provides an excellent overview of the the Internet are bringing incredible remains an invaluable tool investi• subject. changes and breaking through re• gators across the globe can use to The book thoroughly examines straints on the transit of cargo, coordinate a myriad of information the problem and provides practical people, and information. Move• to assist them with international steps that law enforcement and private ment ofpeople and goods from con• investigations ... sector managers can use to prevent in• tinent to continent that before took house violence and manage people weeks, if not months, now can be and situations that are potentially conducted within hours. Data violent. The author spent 10 years as moves around the globe in seconds. the chief psychologist for the San

16/ FBI Law Enforcement Bulletin - - ______-; Diego Police Department where he estab• must look at how it can improve its own lished one of the leading counseling and performance. By following the author's preemployment screening programs. "Golden Rule of Management," "treat your The book begins with an examination people as you would like to be treated," of the dynamics of the workplace, showing managers can diffuse potentially volatile how virtually no organization remains situations. By contrast, managers who fail to immune to violence. In the chapter, "Toxic live by this rule, whom the author calls "toxic World, Toxic Workplace," the author supervisors," forget that "average pay and examines the factors in society and the excellent working conditions are much workplace that contribute to violence. preferred to great pay coupled with horrific Among those, the culture of the American working conditions. People want to enjoy workplace, where the customer is king, their work, their coworkers, and their may contribute to employees' feelings of supervisors. " low self-worth, making them prone to Ticking Bombs represents an invaluable violence. resource for any manager. For law enforce• In the chapter "Caution! Disgruntled ment, it bridges criminology and principles of Employee Ahead!," the author outlines the management, while helping administrators warning signs of dangerous employees. keep up with the advances that the private Because two of the indicators, being a sector has made on this problem. The book male between age 30 and 40 and collecting also can help officers in the field deal with guns or weapons, apply to a certain per• employee/employer cases, while it guides centage ofpolice officers, law enforcement agencies as they attempt to handle their own supervisors would be well advised to learn problem employees. Armed with information the other 18 warning signs. Chapters on from years of practical field experience, the hiring and firing remind supervisors that author makes Ticking Bombs readable and like hiring, firing is a process, and firing easily applicable to any institution. someone the right way may avert disaster. In "Protecting Your Assets: Human Reviewed by and Otherwise," the author emphasizes that Lieutenant Stan Duncan managing human problems may prove Sarasota Police Department more important than handling security Sarasota, Florida equipment. That is, the best security system will not necessarily protect agen• cies from their worst employees. At the same time, managers should never under• Manager's Bookshelf is designed to acquaint readers with books that have been in print for estimate the potential disruptive power of several years or cover topics outside a strict law the "least influential employee." Speaking enforcement focus, which, nonetheless, present from experience, the author advises that a information helpful to law enforcement administra• tors. If you would like to review a book that you good employee assistance program often believe may be of interest to Bulletin readers, represents one of the best security mea• please contact Cynthia L. Lewis, the Bulletin's book sures that an institution can implement. review editor at 703-640-8219. Although victims of workplace vio• lence are often managers, management still Moving and Touching Stowed or Checked Luggage Fourth Amendment Considerations By JAYME S. WALKER, J.D.

fficers must consider a bus, the officers walk down the constitute a Fourth Amendment number ofFourth Amend• aisle and begin both moving and search? The answers to these ques• O ment issues when moving feeling the exterior of the bags in tions are important to law enforce• and touching luggage stowed or the overhead bins. One of the offi• ment officers because police action checked with a common carrier. cers suspects that two of the bags that does not constitute either a The Fourth Amendment requires each contain a brick of controlled search or seizure is constitutional if that all searches and seizures be rea• substances. The other officer then the police lack even a reasonable sonable. Before addressing the rea• pushes and feels the exterior of suspicion of criminal activity. sonableness of police action, how• the bags and reaches the same ever, a court must first decide if a conclusion. MEANINGFUL search or seizure even occurred. For This article addresses two ques• INTE RF ERENCE~TH example, suppose officers working tions presented by this example. POSSESSORY INTERESTS in a transportation interdiction unit First, did the movement of the bags The U.S. Supreme Court has obtain the permission of a bus in the overhead bin by the officers stated that "[a] 'seizure' of prop• driver to board the bus during a constitute a Fourth Amendment sei• erty occurs when there is some regularly scheduled layover. After zure? Second, did the feeling of the meaningful interference with an all of the passengers have left the exterior of the bags by the officers individual's possessory interests in

18/ FBI Law Enforcement Bulletin ------• that property." I Therefore, in the unreasonable seizures. In rejecting Similarly, in United States v. earlier bus scenario, the question this argument, the U.S. Court of Lovell,4 officers observed an indi• becomes whether the officers ' Appeals for the Sixth Circuit stated vidual arrive at the airport with two movement of the bags in the over• that: large, softsided bags. The indi• head rack constitutes a meaningful .. .there was no meaningful vidual proceeded to check the bags interference with the passenger's interference with defendant's at the curb while glancing rapidly possessory interests in the bag. possessory interest in his bag. about, chewing incessantly on a Courts addressing this question The bag was moved only a toothpick, and writing erratically on in similar cases have found that short distance (from an open baggage claim checks. After ob• such movement does not constitute overhead compartment to the serving this behavior, the officers a meaningful interference with seat below), for a short time went to the baggage area and re• someone's possessory interest in (just long enough for the dog moved the individual's bags from property and therefore does not to walk up and down the aisle), the conveyor belt. The officers felt constitute a seizure under the and the movement occurred at what appeared to be a solid mass Fourth Amendment. For example, a time when defendant had left when touching the sides ofthe bags. in United States v. Gant, 2 after all of the bag unattended, so his The officers compressed the sides the passengers had exited, officers access to it was never im• ofthe bags and smelled the odors of boarded the bus and moved all of paired. Finally, had the dog talcum powder and marijuana. Af• the bags from the overhead racks to not indicated that the bag ter a trained narcotics dog also had the seats below. The officers then contained drugs, defendant alerted to the bags, the officers ob• brought a dog on the bus to sniff the would have been able to tained a search warrant. The offi• bags for contraband . The dog travel uninterrupted to the cers found 68 pounds of marijuana alerted to two bags. The officers next stop with his bag. Be• inside the bags. In addressing the returned the bags to the overhead cause there was no meaningful question of whether the officers' racks. interference with defendant's removal of the bags from the After the passengers returned to possessory interest in his bag, conveyor belt constituted a seizure, the bus, the officers asked who there was no seizure.3 the court distinguished the moving owned the two bags on which the dog had alerted . A passenger claimed one of the bags, but dis• claimed ownership of the other. No other passenger claimed the second bag. The officers took the un• claimed bag off ofthe bus, opened it "... movement of bags as abandoned property, and found in the overhead bin is cocaine inside . The officers not a meaningful reboarded the bus and obtained con• interference with a sent from the passenger to open the other bag. Inside that bag an officer person's possessory found a box of laundry detergent interest in those that contained cocaine. bags... . The defendant in Gant argued that the officers' movement of the bags from the overhead rack to the bus seats violated the Fourth Ms. Walker serves "as a legal instructor and an attorney for Amendment prohibition against the Drug Enforcement Administration at the FBI Academy.

______December1998/19 of the bags from the belt from a a search, courts focus on the degree constitute a search, and further stat• situation where a bag is taken di• of touching or manipulation to de• ing that: rectly from a person. The U.S. termine whether an officer's feeling While we could hypothesize a Court of Appeals for the Fifth Cir• of the exterior of a bag amounts to "prepping" process so violent, cuit stated that: an interference with a person's rea• extreme, and unreasonable in There is no suggestion that if sonable expectation of privacy. In its executiop as to cross the the agents had not smelled other words, courts assess the ex• bounds of constitutional marijuana, Lovell's travel tent to which travelers assume the propriety, we are not con• would have been interfered risk that their bag placed with a fronted by such a process here. with or his expectations with common carrier might be felt or The agents' actions in this case respect to his luggage frus• manipulated by another person. fall squarely within the ambit trated. The agents' brief of our holding in Viera and, removal and compression of therefore, did not constitute a Lovell's bags cannot be search. 13 analogized to a seizure of In United States v. Guzman, 14 Lovell himself. The momen• the U.S. Court of Appeals for the tary delay occasioned by the ... the defendant had Sixth Circuit affirmed the convic• bags' removal from the " no objectively tion of a defendant for possession conveyor belt was insufficient reasonable with intent to distribute cocaine. In to constitute a meaningful expectation that the Guzman, two detectives were at the interference with Lovell's bus depot with their dogs. One of possessory interest in his bags. unattended bag the detectives checked the baggage As a result, the agents' actions would not be lifted or compartments under a bus with a did not constitute a seizure.5 kicked as it protruded dog while the other detective ap• In both Gant and Lovell, the out into the aisle. proached persons exiting the bus movement of the bags by the offic• with carry-on luggage and asked for ers did not meaningfully interfere consent to submit their bags to a dog with either person's possessory in• sniff. One of the dogs exhibited an terest in the bags. Therefore, in both interest in a carry-on bag the owner cases the courts ruled that the bags " had consented to be sniffed. were not seized.6 The officers did Light Touching of a After all of the passengers ex• not take the bags from the physical Bag Ruled Not a Search ited the bus, the detectives boarded possession of either person, and the In United States v. Lovell,8 the the bus with the dogs. One of the officers' movement of the bags did court9 stated that: "[i]n analyzing dogs alerted to a bag on the bus. The not impede their travel. whether the agents' sniff of detectives then left the bus with the Lovell's bags constituted a search, intention of reboarding it later to INTERFERENCE we must determine whether the determine the ownership of the bag WITH A REASONABLE agents' actions offended reasonable on which the dog had alerted. After EXPECTATION OF PRIVACY expectations of privacy."lo In ad• the passengers reboarded the bus, A search occurs when the dressing the question of whether the the detectives boarded the bus and government infringes upon an officers' pressing of the sides of the informed the passengers that they individual's "expectation of pri• bag constituted a search, II the court were attempting to ascertain the vacy that society is prepared to con• quoted from the Fifth Circuit's de• ownership of certain bags. One of sider reasonable."? The following cision in United States v. Viera, 12 the detectives reached the de• cases illustrate that in deciding noting that a light press ofthe hands fendant's bag in the overhead whether a police action constitutes along the sides of a suitcase did not rack,1 5 stopped, touched the bag,

20/ FBI Law Enforcement Bulletin ------• and asked who owned it. The detec• two soft-sided bags contained "a person carry the two bags onto the tive felt several hard bricks in the 'brick' of controlled substance."19 bus. This officer gave that informa• bag and immediately concluded that One ofthe other officers pushed and tion to the officer looking in the they were drugs. felt the exterior of the bags and bags, who noticed that there was The defendant claimed the bag. reached the same conclusion. The only one passenger with a physical The detective then put the bag on officers left the bus, leaving the stature consistent with the clothes the seat next to the defendant. The bags in the overhead rack. After all in the bag. The officers went back to defendant indicated that the detec• of the nine remaining passengers that passenger and asked if she tive would need a "piece of paper" got back on the bus, the officers would mind stepping off of the bus to look inside the bag. This led the reboarded and proceeded to ask the to answer a few questions. The pas• detective to believe that the defen• three passengers seated near the two senger agreed to leave the bus. The dant did not want the bag opened bags whether they owned the bags. officers eventually arrested the in• without a search warrant, at which All three passengers denied owner• dividual after she repeatedly denied point the detective asked the defen• ship. The officers held up owning the bag.20 dant to leave the bus. The defendant The McDonald then consented to a dog sniff of the court specifically ad• bag and both dogs alerted for the dressed the question of presence of drugs. The detec- whether a person who tives obtained a warrant leaves a bag in an to search the bag and overhead bin on a bus found six wrapped has a reasonable ex• bundles of cocaine pectation of privacy inside. The Guzman that it will not be court held that the touched or felt by oth• officers' "initial touch of ers and stated that "the the exterior of defendant's reasonable expecta• bag was not an unreasonable tion of privacy inher• search in violation of the Fourth ent in the contents of Amendrnent."16 luggage is not compro• mised by a police Manipulation of Bag officer's physical touching Exterior Ruled Not a Search of the exterior of luggage left In 1997, the U.S. Court of Ap• the bags and asked ifanyone on the exposed in the overhead rack of a peals for the Seventh Circuit de• bus owned them. No one claimed bus."21 cided United States v. McDonald. 17 the bags. One of the offi-cers then In McDonald, officers obtained took the bags to the front ofthe bus, Manipulation of Bag permission from the bus driver to told the driver that the bags ap• Exterior Ruled a Search board and inspect the bus during a peared to be abandoned, and ob• In the 1998 decision United short layover after all ofthe passen• tained permission from the driver to States v. Nicholson,22 the U.S. Court gers had disembarked. While open the bags. of Appeals for the Tenth Circuit onboard the bus, the officers The officer found women's focused on the exact method offi• walked down the aisle "pushing and clothing, toiletries, and 11 kilo• cers used when touching the bag in feeling the exterior of the bags in grams ofcocaine in the bags. At the order to decide whether such action the overhead racks and sniffing the same time, a passenger at the rear of constitutes a search. air surrounding the bags."ls One of the bus informed another officer In Nicholson, the court re• the officers suspected that each of that he had observed a particular viewed the actions of officers

------______December 1998/21 involved in a drug investigation ini• compartment. The officers then that "[t]he degree of intrusion is the tiated after a bus interdiction unit reboarded the bus and asked the de• determining factor as to whether an began to inspect luggage in both the fendant to step off. The defendant officer's contact with the exterior of luggage compartment under the bus got off of the bus and subsequently luggage constitutes a search under and in the overhead racks on the consented to a patdown search. the Fourth Amendment....By ma• bus. The officer inspecting the lug• During the patdown search, the of• nipulating the [d]efenant's bag in a gage in the compartment under the ficers found a baggage claim check manner that [d]efendant did not bus observed a padlocked fabric• in the defendant's pocket for the reasonably expect from other pas• sided bag. The officer" 'initially' bag containing the 10 kilograms of sengers, [the officer] conducted a felt the sides of the bag with his marijuana and placed the defendant search within the meaning of the palms perpendicular to the ground under arrest. Fourth Amendment."29 And, with and flat, and detected 'several large respect to the bag underneath the bundles' inside it. "23 The officer bus, the court noted that the officer then smelled the bag and detected "acknowledged that he was inspect• an odor of marijuana. Meanwhile, ing the contents of the suit• the officers working on the bus be• The lifting of case.... [W]e conclude that [the gan removing bags from the over• " a bag will not officer's] initial manner ofhandling head bins. One of the officers testi• [d]efendant's suitcase in the cargo fied that "during the course of be hold also constituted a search removing the bags from the over• considered a within the meaning of the Fourth head racks .. .they are manipulated search. Amendment. "30 and smelled."24 The officer manipu• lated the defendant's bag, "felt Kicking and Lifting of hard, 'tightly-wrapped bundles' in• a Bag Ruled Not a Search si de,"25 and then put it back into Prior to the decision in the rack. " Nicholson, the Tenth Circuit con• After the passengers reboarded The Nicholson court acknowl• cluded in the 1996 decision United the bus, the officers checked all of edged that "[t]he circuits uniformly States v. Gault,3) that no search oc• the passenger's tickets and asked agree that an officers' touching of a curred when an agent walking down them to identify their baggage. The bag's exterior does not necessarily the ai Ie of a passenger train car defendant claimed to have no lug• constitute a search."27 Noting that kicked and lifted a bag on the floor gage. 26 The officers held both the the Guzman court's ruling that a that protruded out from the seats. unclaimed bag from the overhead passenger on a commercial bus The heaviness of the bag was con• bin and the padlocked bag from the does not have an expectation ofpri• sistent with the agent's experience luggage compartment in front of vacy in the exterior of luggage with bags containing drugs. Upon all of the passengers on the bus placed in an overhead compart• kneeling down and sniffing the out• and asked if anyone owned the ment, the Nicholson court stated side ofthe bag the agent detected an bags. No one claimed the bags. The that: "Other circuits have been odor of ether, which is used in the officers took the bags off the bus more cautious in their language, making of PCP. The agent subse• and opened them. The officers suggesting ...that the degree ofintru• quently approached the individual found 5 kilograms of cocaine in the sion is the determining factor in who sat down in the seat in front of bag from the overhead bin and ex• whether an officer's contact with the bag. The individual refused to tra-large clothing which appeared the exterior of luggage constitutes a consent to a search ofthe bag by the to fit the defendant. The officers search under the Fourth Amend• agent. However, after obtaining the also found 10 kilograms of mari• ment. "28 Regarding the carry-on individual's consent to smell the juana in the bag from the luggage bag, the Nicholson court also stated bag, and after smelling the bag again, the agent indicated that the to consider the issue to date, one sni ff of bags did not violate the Fourth bag would be detained. The agent federal court of appeals has found Amendment; defendant abandoned the bags); United States v. Cagle, 849 F.2d 924 (5th Cir. detained the bag, obtained a search such action to be a search,36 while 1988) (agents' compression and sniff of bag warrant and, upon searching the another federal court of appeals and was not a seizure, however, prolonged detention bag, found that it contained six a state court have reached the oppo• of bag until dog alerted to it violated the Fourth whiskey bottles filled with PCP. 32 site conclusion.37 Finally, touching Amendment); United States v. Karman, 849 F.2d 928 (5th Cir. 1988) (squeeze and sniff of The Gault court held that the ac• a bag in a violent, extreme, and un• bags by agents was not a search or seizure); tions of the agent did not constitute reasonable manner, such as throw• United States v. Hahn, 849 F.2d 93 2 (5th Cir. a search. The court found that the ing and breaking or crushing a bag, 1988) (squeeze and sni ff of bags by agents was defendant had no objectively rea• constitutes a violation of the Fourth not a search or seizure); United States v. Jaquez, 849 F.2d 935 (5 th Cir. 1988) (squeeze sonable expectation that the unat• Amendment.38 Because courts are and sniff of bags by agents was not a search or tended bag would not be lifted or divided over the degree of manipu• seizure); United States v. Sawyer, 849 F.2d 938 kicked as it protruded out into the lation of a stowed or checked bag (5th Cir. 1988) (squeeze and sni ff of bags by aisle. The Nicholson court later that is permitted, officers should agents was not a search or seizure); United States V. Gutierrez, 849 F.2d 940 (5th Cir. distinguished the situation in that consult with their department legal 1988) (squeeze and sniff of bags by agents was case from Gault, noting that "the advisors before engaging in a not a search or seizure). officer's manner of handling the warrantless manipulation of such 10 United States v. Lovell, 849 F.2d 910, bag [in Gault] was the sort that luggage . .. 9 12 (5th Cir. 1988). " See also State v. Peters, 941 P.2d 228, a traveler leaving the bag in such 232 (Ariz. 1997) ("An agent's squeeze and a position reasonably might subsequent sniff of a checked bag is not a expect. "33 Endnotes search . .. . Neither sniff nor squeeze was an 1 United States v. Jacobson, 466 U.S. \09, unreasonabl e search."); People V. Santana, 73 CONCLUSION 113 (1984). Cal. Rptr. 2d 886, 889 (Cal. App. Dep't Super. 2 11 2 F.3d 239 (6th Cir. Analysis ofthese cases can pro• 1997). vide officers guidance when mov• 3/d. at 242. ing and touching luggage stowed or 4 849 F.2d 9 \0 (5 th Cir. checked on common carriers. First, 1988). 5 Id. at 916 (citations the movement of a bag in the over• omitted). head bin is not a meaningful inter• 6 See also United States v. ference with a person's possessory Hall, 978 F.2d 6 16, 619-20 interest in the bag and therefore (10th Cir. 1992); United States V. Harvey, 96 1 F.2d 1361 , 1364 does not constitute a seizure. Sec• (8th Cir.), cert. denied, 506 U. S. ond, the following conclusions can 883 (1992); State v. Peters, 941 be drawn regarding whether the P.2d 228, 23 0-31 (Ariz. 1997). feeling ofthe exterior ofthe bags by 7 United States V. Jacobsen, 466 U.S. 109, 11 3 (1984). officers constitutes a search. The 8849 F.2d 910 (5th Cir. lifting of a bag will not be consid• 1988) . ered a search.34 Lightly compress• 9 On July I, 1988, the Fifth ing or "poofing" the sides of a bag Circuit decided a number of cases involving prosecutions for either the officer or a drug dog resulting from transportation to smell the bag most likely will not interdiction arrests. United be considered a search.35 Actively States V. Garcia, 849 F.2d 917 manipulating the outside of a bag (5th Cir. 1988) (squeeze and sniff of bags by agents was not a with the entire hand to feel what is search or seizure); United States in the bag mayor may not be con• V. Roman, 849 F.2d 920 (5th Cir. sidered a search. Of the three courts 1988) (agents' compression and

------______December 1998/23 Ct. 1998) ("Appellant's Fourth Amendment 21 Id. at 1325. 35 The Nicholson court distinguished the rights were not violated when the officer 22 144 FJd 632 (10th Cir. 1998). Lovell and Viera cases from the officer's 'poofed' his luggage."); Sprowls v. State, 433 23 Id. at 634. squeezing of the bag located under the bus in So.2d 127 1, 1272 (Fla. Dist. Ct. App. 1983) 24 [d. at 635. Nicholson. The Nicholson court stated that the ("The onl y point with which we are concerned 25 1d. officer was inspecting the bag, not gently here is whether the ventilation or ' prepping' of 26 The officers who located the bag in the pressing the sides and prepping it for purposes the defendant's luggage constit uted an luggage compartment under the bus noted that of a sniff. While the Nicholson court did not unreasonable search and seizure .. ..We adopt the the tag on the bag indicated that it had been explicitly state that the Tenth Circu it would not reasoning of United States v. Viera [citation checked through to Toledo, Ohio. The officers consider the activity in Lovell or Viera to be a omitted] in recognizing that this type of asked the bus driver if they could inspect the search, the court did state that: "[i]n those investigative procedure is such a de minimis passengers' tickets. Inspection of the tickets cases, unlike here, the officers' initial handling intrusion as not to constitute a search and indicated that the defendant was the only of the bags revealed nothing of independent seizure within the respective constitutional passenger on the bus with a ticket to Toledo. [d. evidentiary value and thus was considered provisions."); Scott v. Stale, 927 P.2d 1066, 27 ld. at 637. minimally intrusive." United States v. 1068 (Okla. Crim. App. 1996) ("Appellant Nicholson, 144 F.3d 632, 640 (10th Cir. 1998). argues that manipulation of the bag without But see Hernandez v. United States, 353 F.2d probable cause, preceding the [drug dog] 624 (9th Cir. 1965), cert. denied, 384 U.S. sniffing the selected bags, was an illegal search 1008 (1966). and seizure. We disagree."). Cf Hernandez v. 36 See United States v. Nicholson, 144 F.3d United States, 353 F.2d 624 (9th Cir. 1965), ... touching a bag 632 (lOth Cir. 1998). In United States v. cert. denied, 384 U.S. 1008 (1966) (The " in a violent, Washington, 146 F.3d 536 (8th Cir. 1998), an Hernandez court found that the squeezing of officer working on a bus noticed "a black bag the defendant's luggage and smelling of extreme and that still had manufacturer's tags on it, escaping air constituted a search. The Santana physically manipulated it, lifted it, and felt court has noted that "[I]ater Ninth Circu it cases unreasonable along its bottom." [d. at 537. While the suggest if faced again with the issue of the manner...constitutes Washington court did not address the issue of propriety of squeezing checked bags, at least a violation of the the manipulation of the bag in the opinion, the some justices of that court might not fo llow court stated that: "[w]e certainly entertain grave Hernandez."); Stote v. Randall, 569 P.2d I313 Fourth doubts about the constitutional propriety of the (Ariz. Ct. App. 1977) (disapproved of by State Amendment. officer's initial manipulation of Mr. v. Peters, 941 P.2d 228 (Ariz. 1997». Washington's bag." !d. 12 644 F.2d 509, 510- 11 (5th Cir.), cert. J7 See, e. g., United States v. McDonald, 100 denied, 454 U.S. 867 (198 1). F.3d 1320 (7th CiL), eert. denied, 117 S. Ct. 13 United States v. Lovell, 849 F.2d 910, 2423 (1997); State v. Peters, 941 P.2d 228 913 (5th Cir. 1988) (The Lovell court quoted (Ariz. 1997) (The officers "squeezed, smell ed, the fo llowing from the Viera decision: "[s]ome and felt the bags and the hard objects within," investigative procedures designed to obtain 28 [d. [n United States v. Most, 876" F.2d and the court held that "[n]either sniff nor incriminating evidence from the person are 191 , 193 (D.C. Cir. 1989), the District of squeeze was an unreasonable search."). such minor intrusions upon privacy and Columbia Circuit held that a police officer's 38 United States v. Lovell, 849 F.2d 910 (5th integrity that they are not generally considered feeling of a grocery bag being held for a Cir. 1988). searches or seizures subject to the safeguards of customer by a store clerk constituted a search. the fourth amendment."). The officer picked up the bag and felt the Law enforcement officers of other than 14 75 FJd 1090 (6th Cir.), cert. denied, 11 7 bottom of it using a "crush technique." The federal jurisdiction who are interested S. Ct. 266 (1996). officer felt hard individually wrapped packages in this article should consult their legal 15 This was the bag in which the other in the bag and concluded that they were rocks advisors. Some police procedures detective's dog had shown an interest in but of crack cocaine. The officer opened the bag ruled permissible under federal had not alerted. and found crack inside. 161d. at 1095. 29 1d. at 639. constitutional law are of questionable 17 100 F.3d 1320 (7th Cir.), cert. denied, 30 Id. at 640. legality under state law or are not 117 S. Ct. 2423 (1997). 31 92 F.3d 990 (10th Cir.), cert. denied, 11 7 permitted at all. 181d. at 1322. The trial judge described the S. Ct. 321 (1996). officer's actions as: "manipulating the sides of 32 Id. at 991. the bags with her fingers ..." United States v. J3 United States v. Nicholson, 144 F.3d 632, McDonald, 855 F. Supp. 267, 268 (S.D. Ind. 637 (10th Cir. 1998). 1994). 34 See, e.g. , United States v. Gault, 92 F.3d 19Id. 990 (10th Cir. ), cert. denied, 117 S. Ct. 321 2° 1d. at 1323 . (1996).

J 1998 Subject Index

ADMINISTRA TION Police Ethics: Crisis in Law "The Model Precinct: Issues Enforcement, reviewed by Involving Police Training," Michael E. Brooks, May, Martin A. Greenberg, Septem- p.19. ber, p. 14. Police Suicide: Epidemic in "Physical Expansion Without Blue, reviewed by Paul Fiscal Pain," Michael P. Quinnett, August, p. 20. Sullivan and Richard A. Surviving the Street: Officer Krizan, August, p. 17. Safety and Survival Tech- "Ready, Set, Rotate: A Manage- niques, reviewed by John ment Diversification Plan for Louis Stubing, November, Small to Midsized Agencies," p.6. Douglas R. Marvin, Novem- The Underwater Crime Scene: ber, p. 22. Underwater Crime Investiga- tive Techniques, reviewed by BOOK REVIEWS Tod W. Burke, June, p. 5. I Love a Cop: What Police Ticking Bombs: Defusing Families Need to Know, Violence in the Workplace, reviewed by Linda S. Forst, reviewed by Stan Duncan, April, p. 9. December, p. 16. "Suicide by Cop," Daniel B. Interviewing and Interrogation Violence and Conflict: Under- Kennedy, Robert J. Homant, for Law Enforcement, re- standing the Issues and and R. Thomas Hupp, August, viewed by Polly Hanson, Consequences, reviewed by p.2l. March, p. 8. Douglas L. Yearwood, Octo- "Zero Tolerance in a Small Listening in Everyday Life: A ber,p.19. Town," Albert J. McCarthy, Personal and Professional January, p. 6. Approach, reviewed by Brad CRIME PROBLEMS Bennett, January, p. 16. "Hidden Faces: Combating COOPERA TION Telemarketing Fraud," Keith "Boston's Operation Night Slotter, March, p. 9. Light: New Roles, New "Minor Drinkers/Major Conse- Rules," James T. Jordan, quences: Enforcement Strate- August, p. l. gies for Underage Alcoholic "Forging a Police­Probation Beverage Law Violators," Alliance," Brian McKay and Bobby Little and Mike Bishop, Barry Paris, November, p. 27. June, p. 1. "INTERPOL: Extending Law "Passport Fraud: Protecting U.S. Enforcement's Reach Around Passport Integrity," John M. the World," John J. Imhoff Davis, July, p. 9. and Stephen P. Cutler, Decem- "Sudden Infant Death Syndrome: ber, p. 10. Police Can Make a Differ- "YACS Crime Groups: An FBI ence," Linda Esposito, Larry Major Crime Initiative," Minda, and Claire Forman, Richard A. Ballezza, Novem- September, p. I. ber, p. 7.

------December 1998/25 DOMESTIC VIOLENCE JUVENILES "Investigative Detention: Consti- "DVERTing Domestic Violence: "Preparing Students for Criminal tutional Constraints on Police The Domestic Violence Justice Careers," Louis Use of Force," John C. Hall, Enhanced Response Team," Johnson, September, p. 21. May,p.26. Lome C. Kramer and Howard "Managing Sick and Injured Black, June, p. 22. Employees," Mary Claire "Frustrations of Inquiry: Child McNaught and Daniel L. Sexual Abuse Allegations in Schofield, January, p. 26. Divorce and Custody Cases," "Moving and Touching Stowed Seth L. Goldstein and R.P. or Checked Luggage: Fourth Tyler, July, p. 1. Amendment Considerations," "Transitions: Responding to the Jaymes S. Walker, December, Needs of Domestic Violence emarketing p.18. Fraud Victims," Cheryl Rucinski, "Protective Sweeps," Thomas D. April, p. 15. Colbridge, July, p. 25. "Supreme Court Cases: 1997- FIREARMS 1998 Tenn," Lisa A. Regini, "Pattern Crimes: Fireanns October, p. 25. Trafficking Enforcement "Warrantless Entries to Arrest: Techniques," Joseph P. Greco, Constitutional Consider- September, p. 6. ations," Edward M. Hendrie, INVESTIGATIVE September, p. 25. TECHNIQUES "The Workplace Privacy of Law Enforcement and Public "Avoiding the Informant Trap: A "Suspended Students: A Practi- Employees," Michael J. Blueprint for Control," James cal Approach," William B. Bulzomi, June, p. 27. E. Hight, November, p. 1. Berger and Alan P. Graham, "Conducting Successful Interro- July, p. 7. MANAGEMENT gations," David Vessel, "Competence and Character: October, p. 1. LEGAL ISSUES Developing Leaders in the "Crime Prevention and the "Checkpoints: Fourth Amend- LAPD," Charles F. Dinse and Electronic Frontier," Matt ment Implications ofLimiting Kathleen Sheehan, January, Parsons, October, p. 7. Access to High Crime Areas," p.18. "Caught on Tape: Using Crimi- Kimberly A. Crawford, March, "Designing an Individualized nals' Videos Against Them," p.27. Performance Evaluation Edward F. Davis and Anthony "Combating Gangs: The Need System: A Values­Based J. Pinizzotto, November, p. 13. for Innovation," Lisa A. Process," Michael Kramer, March, p. 20. "Forensic Diving: The Latest in Regini, February, p. 25. Underwater Investigation," "Curtilage: The Expectation of "Internal Affairs Investigation: Tod W. Burke and Charles E. Privacy in the Yard," Edward The Supervisor's Role," Jon O'Rear, April, p. 1. M. Hendrie, April, p. 25. Arnold, January, p. 11. "Magic Words to Obtain Confes- "Ensuring Officer Integrity and "Managing Major Case Investi- sions," Michael R. Napier and Accountability: Recent Court gations: Suggestions for Susan H. Adams, October, Decisions," Daniel L. Supervisors," Michael J. p. 11. Schofield, August, p. 28. Sullivan, January, p. 1. "Security Management for a "The Comprehensive Care Major Event," Charles W. Model: Providing a Frame- Sherwood, August, p. 9. work for Community Polic- ing," Diana Fishbein, May, o cen:...ent NEGOTIAnONS p. 1. 8·U · L · L·E·T·!·N "Third­Party Intermediaries and "Drawing on Federal Resources Crisis Negotiations," Stephen to Restore Communities," J. Romano, October, p. 20. Albert Perotti, Jr. , and Clyde PERSONNEL B. Eisenberg, September, p. 17. "Continuing Education: Expand- "Lasting Impact: Maintaining ing Opportunities for Offic- Neighborhood Order," Ronald ers," Domenick Varricchio, W. Glensor and Kenneth Peak, April, p. 10. March, p. 1. "CPR: Career­Saving Advice for "Realtor­Police Partnership for Police Officers," Larry E. Safety," Karl Leonard, Decem- Capps, July, p. 14. ber, p. 6. "QPR: Police Suicide Preven- tion," Paul Quinnett, July, RESEARCH p. 19. "Surreptitious Audio Surveil- "In the Line of Fire: Learning lance: The Unknown Danger "Using Peer Supporters to Help from Assaults on Law En- to Law Enforcement," Charles Address Law Enforcement forcement Officers," Anthony W . O 'Neal, June, p. 10. Stress," Peter Finn and Julie 1. Pinizzoto, Edward F. Davis, Esselman Tomz, May, p. 10. and Charles E. Miller III, "Telecommunications Fraud: February, p. 15 . Opportunities for Techno~ POLICE-COMMUNITY Criminals," John T. O'Bnen, "Visual Perception in Low­Light RELATIONS May, p.20. Levels: Implications for "California Grant Program Shooting Incidents," Paul TRAINING Reduces Alcohol­Related Michel, May, p. 6. Crimes," Jay Stroh, November, "The Advanced Criminal p.16. TECHNOLOGY Investigation Course: An Innovative Approach to "Citizens Complaints: What the "The Calibre Press Street Detective In­Service Train- Police Should Know," Richard Survival Newsline," Scott ing," William P. Kiley, R. Johnson, December, p. 1. Buhrrnaster, August, p. 6. October, p. 16. "Community Policing: The "Cyberschool: Online Law "Improving Deadly Force Process of Transitional Enforcement Classes," Tho- Decision Making," Dean T. Change," Michael G. Breci mas Dempsey, February, p. 10. and Timothy E. Erickson, Olson, February, p. 1. "Crime Prevention and the June, p. 16. Electronic Frontier," by Matt "Community Prosecution: Parsons, October, p. 7. Community Policing's Legal "Mobile Data Access Increases Partner," Susan P. Weinstein, Officer Efficiency," Kenneth April, p. 19. B. Marshall, June, p. 6.

______December 1998/27 1998 Author Index

A Buhrmaster, Scott, Director, Colbridge, Thomas D., Special Adams, Susan H., Special Agent, Calibre Press Street Survival Agent, FBI Academy, FBI Academy, Quantico, VA, Newsline, Northbrook, IL, Quantico, V A, "Protective "Magic Words to Obtain "The Calibre Press Street Sweeps," July, p. 25. Confessions," October, p. 11. Survival Newsline," August, Crawford, Kimberly A., Special p. 6. Arnold, Jon, Lieutenant, Hun• Agent, FBI Academy, tington Beach, CA, Police Bulzomi, Michael J. , Special Quantico, VA, "Checkpoints: Department, "Internal Affairs Agent, FBI Academy, Fourth Amendment Implica• Investigation: The Quantico, VA, "The Work• tions of Limiting Access to Supervisor's Role," January, place Privacy of Law Enforce• High Crime Areas," March, p. l1. ment and Public Employees," p.27. June, p. 27. Cutler, Stephen P., Special B Agent, FBI, Washington, DC. Ballezza, Richard A., Special "INTERPOL: Extending Law Agent, FBI, New York, NY, Enforcement's Reach Around "YACS Crime Groups: An the World," December, p. 10. FBI Major Crime Initiative," November, p. 7. D Berger, William B., Chief, North Davis, Edward F., Instructor, Miami Beach, FL, Police FBI Academy, Quantico, VA, Department, "Suspended "In the Line of Fire: Learning Students: A Practical Ap• from Assaults on Law En• proach," July, p. 7. forcement Officers," February, p. 15, and "Caught on Tape: Bishop, Mike, District Supervi• Using Criminals' Videos sor, Alabama Alcoholic Against Them," November, p. Beverage Control Board 13. Enforcement Division, Flo• rence, AL, "Minor Drinkers/ Davis, John M., Special Agent, Major Consequences: Enforce• U.S. Department of State, ment Strategies for Underage Washington, DC, "Passport Alcoholic Beverage Law Fraud: Protecting U.S. Pass• Violators," June, p. 1. port Integrity," July, p. 9. Burke, Tod W., Associate Dempsey, Thomas, Professor, Black, Howard, Detective, Professor, Radford University, Christopher Newport Univer• Colorado Springs, CO, Police Radford, VA, " Forensic sity, Newport News, VA, Department, "DVERTing Diving: The Latest in Under• "Cyberschool: Online Law Domestic Violence: The water Investigation," April, Enforcement Classes," Febru• Domestic Violence Enhanced p. 1. Response Team," June, p. 22. ary, p. 10. Breci, Michael G., Associate c Dinse, Charles F., Commander, Los Angeles, CA, Police Professor, Metropolitan State Capps, Larry E., Sergeant, Department, "Competence and University, St. Paul, MN, Missouri City, TX, Police Character: Developing Leaders "Community Policing: The Department "CPR: Career• in the LAPD," January, p. 18. Process of Transitional Saving Advice for Police Change," June, p. 16. Officers," July, p. 14. E Fishbein, Diana, Research Eisenberg, Clyde B., Sergeant, Scientist, University of Mary• Hillsborough County Sheriff's land, Greenbelt, MD, "The Office, Tampa, FL, "Drawing Comprehensive Care Model: on Federal Resources to Providing a Framework for Restore Communities", Community Policing," May, September, p. 17. p. l. Erickson, Timothy E., Chief, Forman, Claire, "Sudden Infant Arizona Western College Death Syndrome: Police Can Police Department, Yuma, AZ, Make a Difference," Septem• "Community Policing: The ber, p. l. Process of Transitional Change," June, p. 16. G Esposito, Linda, R.N., SIDS Glensor, Ronald W., Deputy Center ofNew Jersey, New Chief, Reno, NV, Police Brunswick, NJ, "Sudden Infant Department, "Lasting Impact: Death Syndrome: Police Can Maintaining Neighborhood Make a Difference," Septem• Order," March, p. 1. ber, p. l. Goldstein, Seth L., Executive H Director, Child Abuse Foren• F sic Institute, Napa, CA, Hall, John C., Special Agent, Finn, Peter, Special Officer, "Frustrations of Inquiry: Child FBI Academy, Quantico, V A, Belmont, MA, Police Depart• Sexual Abuse Allegations in "Investigative Detention: ment, "Using Peer Supporters Divorce and Custody Cases," Constitutional Constraints on to Help Address Law Enforce• July, p. 1. Police Use of Force," May, p.26. ment Stress," May, p. 10. Graham, Alan P., Sergeant, North Miami Beach, FL, Hendrie, Edward M., Special Police Department, "Sus• Agent, Drug Enforcement pended Students: A Practical Administration, FBI Academy, Approach," July, p. 7. Quantico, VA, "Curtilage: The Expectation of Privacy in the Greco, Joseph P., Special Agent, Yard," April, p. 25, and Bureau of Alcohol, Tobacco "Warrantless Entries to Arrest: and Firearms, Newark, NJ, Constitutional Consider• "Pattern Crimes: Firearms ations," September, p. 25. Trafficking Enforcement Techniques," September, p. 6. Hight, James E., Special Agent, FBI Academy, Quantico, VA, Greenberg, Martin A., Assistant "Avoiding the Informant Trap: Professor, Ulster County A Blueprint for Control," Community College, Stone November, p. 1. Ridge, NY, "The Model Precinct: Issues Involving Homant, Robert J. , Professor, Police Training," September, University of Detroit-Mercy, p.14. Detroit, MI, "Suicide by Cop," August, p. 21.

------______December 1998/29 Hupp, R. Thomas, Adjunct Kiley, William P. , Deputy Chief, Krizan, Richard A. , Field Professor, University of Suffolk County Police Depart• Representative, Bureau of Detroit­Mercy, Detroit, MI, ment, Yaphaok, NY, "The Training and Standards of the "Suicide by Cop," August, Advanced Criminallnvestiga• Wisconsin Department of p.21. tion Course: An Innovative Justice, Milwaukee, WI, Approach to Detective "Physical Expansion Without I In-service Training," October, Fiscal Pain," August, p. 17. Imhoff, John J. , Special Agent, p.16. FBI, Washington, DC. L "INTERPOL: Extending Law Leonard, Karl, Lieutenant, Enforcement's Reach Around Chesterfield County Police the World," December, p. 10. Department, Chesterfield, V A, AUlllll l!! 5. orcement "Realtor-Police Partnership for J L • E • T • I • N Safety," December, p. 6. Johnson, Louis, Criminal Justice Little, Bobby, Professor, High Academy, Lake Worth Com• Point University, High Point, munity High School, Lake NC, "Minor Drinkers/Major Worth, FL, "Preparing Stu• Consequences: Enforcement dents for Criminal Justice Strategies for Underage Careers," September, p. 21 . Alcoholic Beverage Law Johnson, Richard R. , Adjunct Violators," June, p. I. Professor at Vincennes Uni• versity in Indianapolis, IN, M "Citizen Complaints: What Marshall, Kenneth B., Superin• the Police Should Know," tendent, Ohio State Highway December, p. 1. Patrol, Columbus, OH, "Mo• Jordon, James T., Director of bile Data Access Increases Officer Efficiency," June, p. 6. Strategic Planning, Boston, MA, Police Department, Marvin, Douglas R., Captain, "Boston's Operation Night Kramer, Lome c., Chief, New Providence, NJ, Police Light: New Roles, New Colorado Springs, CO, Police Department, "Ready, Set, Rules," August, p. l. Department, "DVERTing Rotate: A Management Domestic Violence: The Diversification Plan for Small K Domestic Violence Enhanced to Midsized Agencies," Response Team," June, p. 22. Kennedy, Daniel B., Professor, November, p. 22. University of Detroit-Mercy, Kramer, Michael, Bainbridge McCarthy, Albert J., Chief, Detroit, MI, "Suicide by Cop," Township Police Department, Kennett Square, P A, Police August, p. 21. Chagrin Falls, OH, "Designing Department, "Zero Tolerance an Individualized Performance in a Small Town," January, Evaluation System: A Values• p. 6. Based Process," March, p. 20.

30/ FBI Law Enforcement Bulletin - ______McKay, Brian, Hunt County Minda, Larry, Captain, Ruther• Community Supervision and ford, NJ, Police Department, Corrections Department, "Sudden Infant Death Syn• Greenville, TX, "Forging a drome: Police Can Make a Police­Probation Alliance," Difference," September, p. 1. November, p. 27. McNaught, Mary Claire, Public N Safety Attorney, Winston• Napier, Michael R., Special Salem, NC, "Managing Sick Agent, FBI Academy, and Injured Employees," Quantico, VA, "Magic Words January, p. 26. to Obtain Confessions," Michel, Paul, Specialist Reserve October, p. 11. Police Officer, Los Angeles, CA, Police Department, o "Visual Perception in Low• Olson, Dean T., Lieutenant, Light Levels: Implications for Douglas County Sheriffs Shooting Incidents," May, Department, Omaha, NE, p.6. "Improving Deadly Force Decision Making," February, Miller, Charles E. III, Instructor, Parsons, Matt, Special Agent, p. 1. FBI, Clarksburg, West VA, "In U.S. Naval Criminal Investiga• the Line of Fire: Learning O'Brien, John T., Special Agent, tive Service, Washington, from Assaults on Law En• FBI, Washington, DC, "Tele• DC, "Crime Prevention and forcement Officers," February, communications Fraud: the Electronic Frontier," p. 15. Opportunities for Techno• October, p. 7. Criminals," May, p. 20. Peak, Kenneth, Professor, O'Neal, Charles W., Retired University ofNevada, Reno, Chief, National Aeronautics NY, "Lasting Impact: Main• and Space Administration, taining Neighborhood Order," "Surreptitious Audio Surveil• March, p. 1. lance: The Unknown Danger Perotti, Albert, Jr., Major, to Law Enforcement," June, Hillsborough County Sheriffs p.lO. Office, Tampa, FL, "Drawing O'Rear, Charles E., Professor, on Federal Resources to George Washington Univer• Restore Communities," sity, Washington, DC, "Foren• September, p. 17. sic Diving: The Latest in Pinizzotto, Anthony J., Forensic Underwater Investigation," Psychologist, FBI Academy, April, p. 1. Quantico, V A, "In the Line p of Fire: Learning from Assaults on Law Enforcement Paris, Barry, Chief, Greenville, Officers," February, p. 15, and TX, Police Department, "Caught on Tape: Using "Forging a Police-Probation Criminals' Videos Against Alliance," November, p. 27. Them," November, p. l3.

______December 1998/31 Q Sherwood, Charles W., Director, T Quinnett, Paul, Director, Spo- South Central Criminal Justice Tomz, Julie Esselman, Cam- kane Mental Health and Administration, New Haven, bridge, MA, "Using Peer Clinical Assistant Professor, CT, "Security Management for Supporters to Help Address University of Washington a Major Event," August, p. 9. Law Enforcement Stress," School of Medicine, Seattle, Slotter, Keith, Special Agent, May, p. 10. W A, "QPR: Police Suicide FBI, New Haven, CT, "Hidden Tyler, R.P., Detective Sergeant, Prevention," July, p. 19. Faces: Combating San Bernardino, CA, Sheriffs Telemarketing Fraud," March, Department, "Frustrations of R p.9. Inquiry: Child Sexual Abuse Regini, Lisa A. , Special Agent, Allegations in Divorce and FBI Academy, Quantico, VA, Custody Cases," July, p. 1. "Combating Gangs: The Need FBI for Innovation," February, p. v B • U· L· 25, and "Supreme Court Varricchio, Domenick, Lieuten- Cases: 1997­1998 Term," ant, Port Authority ofNew October, p. 25. York and New Jersey Public Romano, Stephen J., Special Safety Department, Staten Agent, FBI Academy, Island, NY, "Continuing Quantico, V A, "Third­Party Education: Expanding Oppor- Intermediaries and Crisis tunities for Officers," April, Negotiations," October, p. 20. p.l0. Rucinski, Cheryl, Lieutenant, Vessel, David, Special Agent, Cheektowaga, NY, Police FBT , Albuquerque, NM, Department, "Transitions: "Conducting Successful Responding to the Needs of YACS Crime Groups Interrogations," October, p. 1. Domestic Violence Victims," April, p. 15. w Stroh, Jay, Director, California s Department of Alcoholic Walker, Jayme S., DEA Attorney, FBI Academy, Quantico, VA, . Schofield, Daniel L. , Special Beverage Control, "California "Moving and Touching Agent, FBI Academy, Grant Program Reduces Stowed or Checked Luggage: Quantico, VA, "Managing Alcohol­Related Crimes," Fourth Amendment Consider- Sick and Injured Employees," November, p. 16. ations," December, p. 18. January, p. 26, and "Ensuring Sullivan, Michael 1. , Captain, Officer Integrity and Account- Dubuque, Iowa, Police Depart- Weinstein, Susan P., National ability: Recent Court Deci- ment, "Managing Major Case Association of Drug Court sions," August, p. 28. Investigations: Suggestions for Professionals, Alexandria, VA, Supervisors," January, p. 1. Sheehan, Kathleen, Lieutenant, "Community Prosecution: Los Angeles, CA, Police Sullivan, Michael P. , Chief Community Policing's Legal Department, "Competence and Deputy, Jefferson County Partner," April, p. 19. Character: Developing Leaders Sheriffs Department, in the LAPD," January, p. 18. Jefferson, WI, "Physical Expansion Without Fiscal Pain," August, p. 17.

32/ FBI Law Enforcement Bulletin ------• The Bulletin Notes

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

Officer Phillip Waddle of the Cincinnati, Ohio, Police Department responded to a domestic violence call in a residential area. Arriving at the scene, Officer Waddle started to exit his vehicle when someone inside the dwelling began shooting at him. He took cover behind his patrol vehicle. As the shooting contin• ued, a female fled the house. Officer Waddle ran to the woman and pulled her to safety while bullets struck his patrol vehicle and the ground around him. Neither he nor the woman were hit. The subject surrendered to responding officers who found 10 firearms and a stash of ammunition in the house. Officer Waddle's courageous and unselfish actions saved the woman's life.

While on patrol, Deputy Joseph V. Lucius of the Charleston County, South Carolina, Sheriffs Office observed a speeding vehicle that matched the descrip• tion of one involved in a vehicular homicide, which occurred only minutes before. Deputy Lucius pursued the vehicle, which subsequently spun out of control. The driver exited the vehicle and fired a shotgun at Deputy Lucius, striking him under his left arm outside the area covered by his protective body armor. Although the shots had pierced his lung, Deputy Lucius returned fire, wounding the driver in the shoulder. Deputy Lucius held the suspect at bay until responding officers arrived. Deputy Lucius not only captured a dangerous subject, but prevented innocent bystanders at a nearby restaurant from being hurt.

While at his vacation home on Crater Island, Commander Larry Gainer of the Redmond, Washington, Police Department heard an airplane in distress on a cold winter night. Commander Gainer exited his residence and observed the plane crash into the nearby water. After Commander Gainer alerted the other two island inhabitants and contacted the local sheriffs office, he loaded emergency supplies into his boat. Despite poor visibility and inclement weather, Commander Gainer retrieved the two crash victims from the cold water and obtained medical treatment for them. Without Commander Gainer's quick actions, the two victims would not have survived.