April 2010 Sector Policing April 2010 Volume 79 Number 4 United States Department of Justice Federal Bureau of Investigation Washington, DC 20535-0001 Robert S. Mueller III Director Contributors’ opinions and statements Features should not be considered an endorsement by the FBI for any policy, program, or service. The attorney general has determined Should Sector Policing Be in Law enforcement agencies may find that the publication of this periodical is necessary in the transaction of the public business required by law. Use Your Organization’s Future? By W. Michael Phibbs 1 that transitioning to sector policing can increase the effectiveness and of funds for printing this periodical has accountability of police functions. been approved by the director of the Office of Management and Budget. The FBI Law Enforcement Bulletin A Canadian approach can offer an Futures Orientation in Police (ISSN-0014-5688) is published monthly by the Federal Bureau of Investigation, 935 Pennsylvania Decision-Making Practices 14 alternative to the SARA model that gave the law enforcement world a foundation Avenue, N.W., Washington, D.C. By Michael Buerger and John Jarvis it could use at the line level of policing. 20535-0001. Periodicals postage paid at Washington, D.C., and additional mailing offices. Postmaster: Send address changes to Editor, Confessions and 23 FBI Law Enforcement Bulletin, Law enforcement officers must understand FBI Academy, the Constitution the implications of obtaining confessions Quantico, VA 22135. in violation of constitutional safeguards. By Carl A. Benoit Editor John E. Ott Associate Editors David W. MacWha Bunny S. Morris Art Director Denise Bennett Smith Departments Assistant Art Director Stephanie L. Lowe 8 Perspective 19 Notable Speech The Training Division’s Outreach and Communications Unit Universal Policing The Most Important produces this publication with Profession assistance from the division’s 12 Bulletin Reports National Academy Unit. Issues are available online at Children and Violence 21 Unusual Weapon http://www.fbi.gov. Tort Cases Shock Lighter E-mail Address Public Defender Offices firstname.lastname@example.org 22 Bulletin Honors Cover Photo Gurnee, Illinois © Photos.com/shutterstock.com Send article submissions to Editor, FBI Law Enforcement Bulletin, FBI Academy, Quantico, VA 22135. ISSN 0014-5688 USPS 383-310 Should Sector Policing Be in Your Organization’s Future? By W. MIChAEL PhIBBS, M.h.R. T o increase the effective- of resources to improve their before entering law enforce- ness and accountabil- effectiveness and efficiency.1 ment. Agencies also must deal ity of police functions, The change from traditional with generational differences some departments have tran- methods to sector policing wherein younger officers de- sitioned to the sector, or zone, creates new demands on every mand more responsibility and style of operations, sometimes officer at all levels by requiring opportunities for development also referred to as geographic, enhanced creative thinking and and fast-track advancement. or geo, policing. Sector polic- more effective leadership and These individuals bring in- ing is an innovative, proac- management skills. novative ideas and need the tive approach to restructuring Today’s police forces have opportunity to be heard. To help how law enforcement agencies encountered changes in internal modern law enforcement orga- conduct their overall crime- demographics. Employees now nizations, the author presents fighting strategies, personnel hold advanced degrees or have some groundwork for determin- deployment, and allocation succeeded at other professions ing if transitioning to sector April 2010 / 1 policing can provide an effec- policies are accomplished This approach creates a tive approach to handling such through a hierarchal man- flatter organizational structure issues. agement system wherein with overall responsibility and command-level officers make accountability pushed down to UNDERSTANDING decisions and give directions to the lowest functional unit led THE DIFFERENCES subordinates subject to disci- by a sector commander. When In traditional policing plinary action if they fail to implemented correctly, this strategies, agencies assign their carry them out. Over time, this proactive, rather than reactive, officers to precincts, large geo- style of command and control philosophy encourages im- graphical areas with a captain can reward managerial abilities mediate response to problems, or commander in charge. This at the expense of leadership. provides more opportunity for approach applies a central- In contrast, sector polic- development and responsibility ized command philosophy that ing uses a divisional structure of the lower ranks, and fosters a employs a hierarchical structure emphasizing decentralized com- spirit of out-of-the-box creativi- with overall responsibility for mand mechanisms that break ty. Increased employee satisfac- the success or failure of the down decision-making authority tion often becomes a welcome organization at this command into smaller parts based on pre- by-product. level. The command and control determined criteria and allows structure resembles that devel- the individuals who have hands- PLANNING oped in the military, adapting on knowledge of the problems THE PROCESS the centralized authority with to make decisions. The sec- Changing to a new philoso- leadership and decision-making tors may be business districts, phy of policing takes courage functions concentrated at the neighborhoods with similar because it can prove traumatic. top of the organization. Opera- characteristics, or simply small Whenever agencies undertake tions and enforcement of geographical areas. a major alteration, they should expect a certain amount of resistance. While some em- ployees may feel that they will “ lose perceived personal power, others may not want new re- ...sector policing sponsibilities. Some simply may uses a divisional fear the unknown. Successful change requires an alignment structure emphasizing of the culture of the organiza- decentralized command tion and its new operational mechanisms that break philosophy. Before beginning down decision-making a transition to sector policing, authority into smaller the agency should conduct a ” parts.... comprehensive needs analysis at the organizational level to Sergeant Phibbs serves with the Richmond, Virginia, Police Department determine if change is even nec- and is a consultant with Integritas Leadership Solutions. essary and objectively identify the challenges it will face. Then, 2 / FBI Law Enforcement Bulletin it should answer the following changes will test the leadership them progress reports. Keeping questions: and management abilities at people advised of changes helps • Why does the organization lower levels. Two essential con- to encourage buy in because if need to change? siderations in the planning pro- employees develop a perception cess involve an understanding of being kept in the dark, they • Does it have a clear under- of the implementation strategy can become disengaged and standing of sector policing? and process and a determina- resentful. When transitioning to • What is the benefit of tion of the needs of skill gaps in sector policing, officers need to changing to the new style? supervisor development. know what is expected of them, “ • What are the agency’s both in terms of new responsi- current capabilities? bilities and accountabilities and • What organizational how the new approach directly structural changes impacts them. will be required? Successful change requires an alignment Sector Boundaries • How will the organization evaluate the system to of the culture of the Creation of sector boundar- determine effectiveness? organization and its ies is of paramount consider- new operational ation. Determining the number • What are the training philosophy. and type of service calls for the ” needs of the employees? areas will allow for an accurate • How will the agency get staffing analysis for person- buy in from the employees? nel deployment. Giving each • Does it have the technologi- specific call a weight of prior- cal resources? If switching to sector polic- ity can provide the informa- ing was a well-thought-out deci- tion needed during the initial • How will it engage the sion and, in fact, needed, then determination of sector staffing. employees and citizens? the justifications should be self- A careful examination of the • What weight will it assign evident. Open communication calls for service can influence to each call for service? can help alleviate resistance. the schedule that officers work. The end product should Employee forums can provide The data will show when and accurately reflect the present an excellent vehicle to discuss where officers are most needed, capabilities and weaknesses to the reasons for the change and thereby enabling the organiza- enable a comparison of the gaps allow a cascading message tion to adjust individual shift that exist with the anticipated through the organization to ex- staffing accordingly. After the future functions and needs of plain the anticipated outcomes. first year, it should evaluate the the organization. Because the Further, a forum affords em- number of calls for service that restructured agency will be fun- ployees the opportunity to voice each sector receives against the damentally different, advanced their issues and concerns back overall call volume to ensure planning is necessary to pre- to their leaders. Once the gears efficiency across the agency. In pare the employees to make the of change have begun to turn, theory, every officer should han- transition as smooth as possible. the agency must inform em- dle roughly the same weighted What may be fairly radical ployees of time tables and give equivalent of calls for service. April 2010 / 3 If a significant imbalance in areas understaffed based on call Sector commanders who fixate calls occurs, the organization volume. Such a situation almost on their own zones can become has two options: 1) realign the certainly will result in morale blind to situations arising in boundaries of the sectors or 2) problems and less than adequate neighboring ones that may be shift officers from one area to policing. about to impact theirs. Instead, another. Both have positive and they should take a proactive negative consequences. In prac- stance and look at the issues tice, however, it proves easier affecting neighboring locales so to move officers to another zone they can create strategies to get than to redraw sector boundar- ahead of the problems before ies. Shifting officers can have they reach them. Precinct com- political implications when manders who understand this community groups and govern- can devise individual crime- ment officials learn that their fighting strategies and initiatives sector officers are being trans- to develop a spirit of coopera- ferred to another location. Obvi- tion, rather than competition, ously, this demonstrates the among sectors. Uncoordinated importance of creating boundar- sector strategies, no matter how ies with care and staffing them © Photos.com outstanding, when folded into properly from the beginning. an overall precinct strategy may Shifting the number of Operational Sustainability conflict. officers among the areas also Continuity of operations The ability to lead and varies the span of control at sounds simple. However, most develop continuity of operations the sector and precinct levels. operations resemble assembling at the precinct level is essential, Optimal span of control for any a jigsaw puzzle, and nothing and if not established at the direct supervisor is five to eight goes as planned. In sector polic- outset, a piecemeal approach subordinates. If each sector has ing, continuity of operations can develop. The successful six shifts and each shift has is essential for overall effec- precinct commander needs to one first-line direct supervisor tiveness and efficiency in the have the skills of a mid-level who oversees between five to precinct, which can have many mediator when looking at the eight people, one location may sectors assigned. The precinct is overall picture, thus ensuring have as few as 30 officers while a location for the administrative continuous communication another may have 48 assigned, office of the sector commander between the sectors and the yet both remain within accept- and a place where officers re- continuity of overall long-range able span-of-control limits. This port. Because sector command- strategies and short-term tactics. end result of some zones hav- ers are judged on successes or The most effective sector com- ing more officers assigned than failures only within their indi- manders understand the inter- others reinforces the need for vidual sectors, they must recog- locking connections between decentralized decision-making nize the potential “silo” effect adjoining zones and, thus, will- authority at the lower levels. of becoming solely focused on ingly share data. All sectors and Assigning the same number what is occurring inside their precincts should exchange data of people to each sector will areas without staying aware of and information to determine create imbalances with some what takes place outside them. crime patterns that cross both 4 / FBI Law Enforcement Bulletin boundaries and would necessi- the ability to conduct critical approach that does not consider tate the development of initia- self-assessment. Identified de- the unique characteristics and tives from multiple sectors. One ficiencies should not be con- variable nature of the areas of the most important actions a sidered a sign of weakness but will prove counterproductive. precinct commander performs an anticipated condition of the A well-thought-out vision will is obtaining and coordinating changeover and an opportunity create a clear line of sight to additional resources to help for professional development direct the frontline officers’ ac- sector commanders when situa- throughout the organization. tions toward meeting the goals “ tions arise that the areas cannot and help ensure the overall handle themselves. long-term success of the sector. Clearly, the greatest im- Constant and open communica- pact in the transitioning will be tion will create synergy between on the command and control Determining the the vision and the goal-setting function of the organization. number and type of efforts and develop a spirit of Sector policing creates new service calls for the collaboration. challenges and calls for compe- areas will allow for tence in leadership and man- an accurate staffing Situational Awareness agement skills at lower levels. analysis for personnel Because sectors are differ- The change from a centralized deployment. ent, their commanders must ” to a more decentralized struc- analyze the current state of their ture requires that the traditional areas and create a profile that precinct and sector commanders can identify the challenges, op- receive training in management portunities, resources available, and leadership techniques to As to sector leadership, officer capabilities, and re- help them design the operation- creating a vision does not sponsibilities for specific tasks. al theories, long-range strate- guarantee success, but failure to Based on the sector profile, gies, short-term action plans, have a vision will ensure that it commanders can devise a map and targeted development of does not happen. Sector com- for such metrics as long-, me- personnel that will effect posi- manders will have the opportu- dium-, and short-term goals and tive change. While good man- nity to make bold changes that augment them with initiatives agement sets the processes and immediately impact their areas. and action plans that contain procedures for efficiency, good The implementation of these well-thought-out and interlinked leadership positively influences must proceed in the context of steps. people and enhances overall the overall vision of the sec- Sector commanders can effectiveness. tor; strategy and tactics are benchmark initial conclusions Through the decentraliza- the vehicles to realize success. and use them as a baseline met- tion process, responsibility Creation of an overall vision ric to judge effectiveness and and accountability are being and mission statement sets the efficiency of overall strategies pushed down to the sector level. tone for what the commander and timetables. These bench- Many organizations never have wants to accomplish and should marks allow the commanders entrusted such obligations to be forward thinking while still to create an overarching vision officers at the lower levels. This accounting for the individuality listing essential tasks that they requires individual maturity and of the sector. A cookie-cutter must complete and provide a April 2010 / 5 guide for reaching goals. All crime prevention, along with IMPLEMENTING GOALS plans should have flexibility realistic short-term goals and AND ACTION PLANS built in to deal with unanticipat- action steps to address immedi- The assessment and imple- ed problems. During this phase, ate concerns. Successful sector mentation process involves SWOT (strengths, weaknesses, commanders employ more identifying the strengths, oppor- opportunities, and threats) strategic development and rely tunities, and weaknesses of the analysis should be included to less on tactical implementa- organization.3 While most com- show the strengths and weak- tion. Traditionally, officers manders can point out strengths nesses of the sector and allow promoted to the second level of and opportunities, identifying the commanders to maximize supervision would have great weaknesses proves difficult. their opportunities and remedy responsibility to implement Weaknesses could include the the threats.2 Many organizations effective tactics. Now, however, officers who have a half-hearted fail to understand what can con- commitment to the goals and stitute a threat. In sector polic- the community’s unwillingness ing, anything beyond the zone to get involved. Effective lead- constitutes the outside environ- ership and two-way communi- ment. For example, because of cation can overcome both. the pressure to perform at the sector commander level, these Creative Thinking leaders will want to recruit Sector commanders should highly skilled officers to gain capitalize on the knowledge of an advantage. This can happen all personnel. The ability to ef- because, as with most human fectively change is limited only beings, officers want to work by the imagination and dedica- for leaders who create and com- tion of the officers assigned to municate a clear vision of what © Photos.com the sector. As the organization they want to accomplish and pushes down responsibility to how they intend to get there. they should distance themselves meet goals to the lower levels, Effective sector command- from hands-on operation and opportunities for officers to ers prevent such losses by not delegate that authority to the think outside the box increase. only creating a vision for their first-line supervisor. For sector During the implementation areas but also developing their commanders, their principle phase, short-term objectives, personnel to fill individual skill task centers on using data and initiatives, and action plans gaps and helping them attain other empirical information to must be used as a scorecard their career aspirations. develop a strategic plan for their against the long-term strategic Effectiveness as a sector area, with the main function goals. Initiatives could include commander requires com- becoming crime management. a targeted crime trend, officer petency as both a leader and The individual shift supervisor training, and steps toward com- manager. Such individuals reporting to the sector com- munity involvement, and all can must understand the SWOT mander has responsibility for be going on at the same time. system and how to properly time management and the over- The key is to have a specific implement it when developing all effectiveness and efficiency measure to determine the degree a long-range strategy for overall of day-to-day operations. of success for each initiative at 6 / FBI Law Enforcement Bulletin the end of the specified period. assigned to report to the same organizations should carefully Sector commanders should shift, does the sector command- think through the decision to employ the SMART (specific, er relay orders through the first- change to sector policing and measurable, attainable, realistic, line supervisor or go directly complete a thorough plan of the and timely) process in creating to the officers assigned? In the implementation process. short-term goals.4 Action plans first case, the sector commander can be further broken down into entrusts that the first-line su- CONCLUSION action steps that list the who, pervisor accurately and timely Sector policing has great “ what, and when of responsibili- potential for law enforcement ties and become a metric agencies seeking to provide in- for accountability. creased effectiveness in crime- fighting strategies and better Day-to-Day Operations The abilities of sector development of community re- Working with and through commanders to lationships, as well as providing the first-line supervisors is not accomplish goals opportunities for challenging only imperative for effective are directly related and developing their officers. day-to-day management of the to those of their Before beginning any major sector but also for development subordinate leaders change in operational philoso- of the organization’s future to lead and manage. phy, they should undertake an ” leaders. Even though sector in-depth realistic analysis to commanders have complete show the amount of organi- responsibility for their areas, zational preparation needed. they cannot be available all of Then, opportunities for success the time and must trust their notifies the shift officers about will be understood within the first-line supervisors to have the orders. When multiple sec- context of changing from one the skills and desire to meet the tor commanders give different organizational philosophy to goals of the sector. The abili- orders, the possibility exists for another, initiated with a clear ties of sector commanders to the first-line supervisor to show understanding of the impact on accomplish goals are directly loyalty to one sector over an- the organizational structure and related to those of their sub- other and not give equal priority processes necessary to carry out ordinate leaders to lead and to the directives. Conversely, in the endeavor. manage. Decisions must be the latter situation, if the sector made according to the level of commander gives orders direct- Endnotes direct autonomy that first-line ly to the officers and bypasses 1 The views expressed in this article supervisors have for taking such the first-line supervisor, the reflect those of the author and should not be considered as representing an official actions during their shifts. In commander can hold the offi- position of the author’s employing agency. a simple formula, the amount cers directly accountable for the 2 For additional information, see Randy of unrestricted control over the results; however, the first-line Garner, “‘SWOT’ Tactics: Basics for operations of the officers can be supervisor may not be able to Strategic Planning,” FBI Law Enforcement directly compared with the level accurately plan and implement Bulletin, November 2005, 17-19. 3 The author adapted information in this of freedom that first-line super- time management duties. How section from Essentials of Strategy (Bos- visors have to make decisions. orders are delivered and officers ton, MA: Harvard Business School Press, As an example, when per- are held accountable reiterates 2006) 22-23, 151. sonnel from different sectors are the author’s original suggestion: 4 Garner, 18. April 2010 / 7 Perspective Universal Policing Counterterrorism Lessons from Northern Ireland O ver the past several hundred years, ongo- ing conflicts have occurred in Northern Ireland between members of the Catholic and By Justin Schoeman Protestant communities. This feud, most recently known as The Troubles, has evolved from a local religious clash to an insurgency movement against Northern Ireland and British authorities. The Po- lice Service of Northern Ireland worked closely with the British military to end escalating violence in the region. The relationship between these two bodies developed from the police supporting the military and vice versa. With the use of counter- insurgency tactics, the government of Northern Ireland worked with the Catholic community and members of the insurgency to compromise on di- viding issues.1 Lessons learned from counterinsurgency ef- forts in Northern Ireland incorporate fundamental principles both universal to people across the globe and capable of cutting through cultural lines. Therefore, they could be applied to similar battles in Iraq and Afghanistan. The Northern Ireland authorities successfully phased out British con- ventional military to allow for police supremacy, creating a police force that the people of Northern Ireland perceived not only as legitimate but one that addressed grievances within the disgruntled community as well. History The struggle in Ireland dates back as far as 1691 when the British military defeated Irish General Patrick Sarsfield and continued to occupy Ireland. This loss was the last organized resistance to English rule in Ireland; the new opposition in- volved conflict waged without rules and by irregu- lar methods.2 As Ireland remained under British rule for hundreds of years, the feud between the Protestants and the Catholics became extremely © iStockphoto.com bitter. The Irish Catholics felt marginalized due to 8 / FBI Law Enforcement Bulletin the closeness between the Protestants and the Brit- Dublin. The violence came to a dramatic pause ish government. Random acts of violence between after Protestants and members from the political Catholics and Protestants continued as the years arm of the IRA and the British government signed passed. In May 1921, the Government of Ireland the 1998 Good Friday Agreement. This political Act divided Ireland into the six predominantly ceasefire ended a majority of the paramilitary Protestant counties of Ulster in the north and the violence in Northern Ireland by adopting political remaining 26 primarily Catholic counties in the concessions agreeable to all parties.4 south. Northern Ireland was created as an “Irish From 1969 to 1998, approximately 3,251 Free State” with British dominion status, falling deaths resulted from terrorist activity during The short of complete sovereignty.3 Troubles. An overwhelming number of those killed were civilians, including more than 50 children Increase in Hostility under 14 years of age. Over 30,000 people were In the late 1960s, the tipping point of Catholic injured or maimed.5 The British Army sustained hostility emerged. Police harassment, exclusion a total 719 deaths from The Troubles in Northern from public service appoint- Ireland during the same peri- ments, and the refusal of Cath- od. An analysis of the soldiers’ “ olic political representatives in deaths illustrated the type of parliament increased the com- terrorist activity undertaken munity’s sense of alienation. by the IRA/PIRA. While op- From this impression of isola- Police agencies and erating within a sympathetic tion originating from the gov- militaries…must work locality, the IRA/PIRA could ernment, including the Royal together to better fulfill choose their targets and oper- Ulster Constabulary (RUC), their joint mission. ate at an advantage over the the Provisional Irish Repub- British Army. This advantage lican Army (PIRA)—an off- could only be overcome with ” shoot of the Irish Republican training and the cooperation Army (IRA)—organized itself of the RUC. Due to terrorist into a paramilitary organiza- activity, 176 members of the tion to defend the Catholic mi- British Army were consid- nority’s civil rights and to unite Ireland. Protestant ered murdered by the IRA/PIRA (24.4 percent of and Catholic paramilitary groups clashed in the all fatalities). Many of these soldiers, part-time streets of Northern Ireland using terrorist tactics, members of the Ulster Defence Regiment, were killing hundreds of innocent victims. In response, killed on their way to and from work. Casualties the British military attempted to crack down on that resulted from direct operational contact with the militant groups by conducting house-to-house the enemy only accounted for 26.2 percent of the searches and establishing internment-holding total. A majority of the British Army’s casualties facilities for potential PIRA members. These ap- were caused by bombs, land mines, and booby-trap proaches caused the perceived pro-Protestant devices.6 British military to lose more legitimacy, resulting in additional PIRA recruits. The cycle of violence Identification of Roles continued throughout Ireland with shootings and Police agencies and militaries have very then bombings in Belfast, Derry, Birmingham, and different roles when dealing with insurgencies. April 2010 / 9 Therefore, the two units must work together to bet- Enquiries Team, a policing group organized to re- ter fulfill their joint mission. Based on experiences examine all of the deaths that occurred as a result in Northern Ireland, British Royal Marine Colonel of the security situation in Northern Ireland be- Mike Page stated that the military mission during tween 1969 and 1998, attempted to bring closure to the infancy of counterinsurgency events should the families of those killed during The Troubles. A involve stabilizing the area and preparing for the Human Rights Body was formed to review police police, a civilian corps, to take a primary role in se- training and policies, ensuring the preservation of curing the community. As the violence within the human rights principles. To distance itself from community subsides and the British (a major point the police become ready of friction) and mirror the to cope with the environ- Northern Ireland popu- ment, a political process lous, the RUC changed should be set in place to its name and reformed address the problems that into the Police Service of originally stimulated the Northern Ireland (PSNI) insurgency. While police in 2001 and mandated that strength evolves, the mili- approximately 50 percent tary should begin to play of the police force to a supporting role. Toward include Catholics. These the end of the counterin- and other PSNI programs surgency campaign, the Belfast City hall © Photos.com brought the battle-fa- military’s presence within tigued community and the community must terminate or become almost police services closer together, resulting in fewer nonexistent. Ensuring cooperation between the acts of violence. police and the military throughout the course of To address grievances and public complaints, the counterinsurgency campaign and phasing out the PSNI initiated internal police service programs, military operations as irregular warfare progresses along with external groups, to guarantee unbiased into police-type incidents proves essential to de- and fair law enforcement. Programs started by the veloping a reasonable end state for the mission. police entailed the adoption of a Policing Board of Northern Ireland and a District Policing Partner- Resolutions ship. Although these programs review different One of the main reasons The Troubles occurred policing issues, they oversee police actions. Fur- in Northern Ireland involved the Catholic com- ther, the PSNI created the Ombudsman’s Office to munity’s perception of the police as illegitimate. review use-of-force issues and shooting incidents.7 The Good Friday Agreement in 1998 resulted in One concern evaluated by the Ombudsman’s Of- the organization of the Independent Commission fice involved the use of an incapacitating spray on Policing, which sought to review the Police during riot events to control crowds as a less lethal Service of Northern Ireland and make recommen- option in the use-of-force criterion. dations on how to improve the police force. After the analysis, the commission made 175 recom- Conclusion mendations that would make police services more Religious groups in Iraq or Afghanistan model transparent, accountable, and representative of those of Northern Ireland. Each community has the Northern Ireland community. The Historical internal friction in which one or two parties feel 10 / FBI Law Enforcement Bulletin marginalized. Citizens in every community in the 3 BBC History, Northern Ireland: The Troubles, “The Road to world want not only a stable and secure place to Northern Ireland, 1167 to 1921,” http://www.bbc.co.uk/history/ recent/troubles/overview_ni_article_01.shtml (accessed June 24, live but to be treated fairly as well. Counterinsur- 2009). gency efforts should follow the successful North- 4 BBC History, Northern Ireland: The Troubles, “The Road to ern Ireland example by phasing out the military’s Northern Ireland, 1963 to 1985,” http://www.bbc.co.uk/history/ presence as stability increases and establishing recent/troubles/the_troubles_article_08.shtml (accessed June 24, a legitimate civilian police serviceone that is 2009). 5 Geraghty, v. transparent, fair, and unbiased and addresses the 6 Ron Austin, “British Army Fatal Casualties—Ulster Troubles, community’s needs. 1969-1998,” http://goliath.ecnext.com/coms2/gi_0199-3300357/ British-Army-fatal-casualties-Ulster.html (accessed June 24, 2009). 7 Superintendent Gary Gracey (PSNI), speech to the U.S. Ma- Endnotes rine Corps University Command and Staff College (Quantico, VA, 1 Colonel Mike Page, speech to the U.S. Marine Corps Uni- February 21, 2008). versity Command and Staff College (Quantico, VA, February 22, 2008). 2 Tom Geraghty, The Irish War (Baltimore, MD: Johns Hop- Special Agent Schoeman serves in the Leadership kins University Press, 2000), xxii. Development Unit at the DEA Academy. The Bulletin’s E-mail Address © Digital Vision T he FBI Law Enforcement Bul- letin staff invites you to commu- nicate with us via e-mail. Our Internet address is email@example.com. We would like to know your thoughts on contemporary law en- forcement issues. We welcome your comments, questions, and suggestions about the magazine. Please include your name, title, and agency on all e-mail messages. Also, the Bulletin is available for viewing or downloading on a number of computer services, as well as the FBI’s home page. The home page address is http://www.fbi.gov. April 2010 / 11 Bulletin Reports Children and Violence Children’s Exposure to Violence: A Com- victims of robbery, vandalism, or theft; 1 in 10 prehensive National Survey discusses the suffered from child maltreatment, including National Survey of Children’s Exposure to physical and emotional abuse, neglect, or a Violence sponsored by the Office of Juvenile family abduction; and 1 in 16 were victimized Justice and Delinquency Prevention and sup- sexually. More than 1 in 4 witnessed a violent ported by the Centers for Disease Control act, and nearly 1 in 10 saw one family member and Prevention. Conducted between January assault another. Multiple victimizations were and May 2008, it measured the past-year and common: more than one-third experienced lifetime exposure to violence for children age 2 or more direct victimizations in the previ- 17 and younger across several major catego- ous year, more than 1 in 10 experienced 5 or ries: conventional crime, child maltreatment, more direct victimizations in the previous victimization by peers and siblings, sexual year, and more than 1 in 75 experienced 10 victimization, witnessing and indirect vic- or more direct victimizations in the previous timization (including exposure to community year. violence and family violence), school vio- Reports of lifetime exposure to violence lence and threats, and Internet victimization. were generally about one-third to one-half This survey is the first comprehensive attempt higher than reports from the past year, al- to measure children’s exposure to violence in though the difference tended to be greater for the home, school, and community across all less frequent and more severe types of vic- age groups from birth to age 17, as well as timization. For example, more than 3 times as the cumulative exposure to violence over the many respondents reported being victims of child’s lifetime. a kidnapping over their lifetimes as did in the The survey confirms that most children past year. Nearly 7 in 8 children who reported are exposed to violence in their daily lives. being exposed to violence during their life- More than 60 percent of those surveyed were times also reported being exposed to violence exposed to violence within the past year, within the past year, which indicated that these either directly or indirectly (as a witness to children were at ongoing risk of violent vic- a violent act; by learning of a violent act timization. The reports of lifetime exposure against a family member, neighbor, or close also indicated how certain types of exposure friend; or from a threat against their home change and accumulate as a child grows up. or school). Nearly one-half of the children To obtain the complete report (NCJ and adolescents surveyed were assaulted at 227744), access the National Criminal Justice least once in the past year, and more than 1 Reference Service’s Web site at http://www. in 10 were injured in an assault; 1 in 4 were ncjrs.gov. 12 / FBI Law Enforcement Bulletin Tort Cases The Bureau of Justice Statistics bulletin Tort Bench and Jury Trials in State Courts, 2005 discusses tort cases concluded by a bench or jury trial in a national sample of jurisdictions in 2005. Topics include the types of tort cases that proceed to trial, the differences between tort cases adjudicated by judges and juries, and the types of plaintiffs and defendants represented in tort trials. The report also covers plaintiff win rates, punitive damages, and the final award amounts generated in tort trial litigation. Finally, trends are examined in tort trial litigation in the nation’s 75 most populous counties, based on comparable data in 1996, 2001, and 2005. The report showed that together, bench and jury trials accounted for an estimated 4 percent of all tort dispositions in 2005. Punitive damages were sought in 9 percent of tort trials with plaintiff winners. The median punitive damage award was $55,000. In the nation’s 75 most populous counties, the number of tort trials declined by about one-third between 1996 and 2005. The complete document (NCJ 228129) can be accessed at the National Criminal Justice Reference Service’s Web site, http://www.ncjrs.gov. Public Defender Offices The Bureau of Justice Statistics has released Public Defender Offices, 2007—Statistical Tables. This document examines offices that provide representation for indigent defendants through a salaried staff of full-time or part-time attorneys employed as direct government em- ployees or through a public, nonprofit organization. Public defender offices are categorized ac- cording to whether they are principally funded and administered at the state government level, the county level, or through a combination of state and county government. Topics include public defender office staffing, caseloads, expenditures, and standards and guidelines used by the nearly 1,000 public defender offices found across 49 states and the District of Columbia. Findings showed that in 2007, 964 public defender offices across the nation received nearly 6 million indigent defense cases. Half of all state-based public defender offices had formal caseload limits in place in 2007. Misdemeanor cases accounted for about 40 percent of all cases received by state-based public defender offices and about 50 percent of the cases received by county-based offices. For additional information, access the complete report (NCJ 228538) at the National Criminal Justice Reference Service’s Web site, http://www.ncjrs.gov. April 2010 / 13 Futures Orientation in Police Decision-Making Practices The Promise of a Modified Canadian Model By MIChAEL BUERGER, Ph.D., and JOhN JARVIS, Ph.D. © shutterstock.com L aw enforcement officers circumstances and expectations. of community policing indi- are the guardians of the At worst, they embody a knee- cates that the most successful past. Whether out of jerk reaction to a crisis du jour approach may be a covert one. personal proclivity or as a result long since subsided. Massive publicity that spoke to of being immersed in the po- The inherent instability of public concerns without ad- lice subculture, their cognitive a chief executive’s position dressing those of the officers maps of American culture are means that a futures orientation often accompanied attempts to flash frozen, an instant in time cannot be vested in a single per- establish community policing. that encompasses a mythical son. Although individual leader- The result was raised expecta- past. They enforce laws cre- ship is important, the entire law tions in one constituency and ated by legislatures who hold enforcement agency must be resistance in others.1 To avoid similar visions. At best, those infused with a futures orienta- a repeat of that phenomenon, laws reflect a past set of social tion. As a guide, the experience the first steps toward creating 14 / FBI Law Enforcement Bulletin a futures orientation need to be cognitive maps traditionally The difficulty in centralized practical, not exhortational. have resided in the individual. functions of this nature is that In this case, being practi- Law enforcement agencies they can process only that data cal means recognizing both the rarely have developed the routinely archived by the agen- possibilities and the limits of means to tap into the collective cy, including traditional crime what can be done with police understanding of patrol officers reports and, perhaps, 911 data. resources. Also, being practical and detectives, resulting in the Most other information remains requires developing more than fragmentation of institutional ephemeral, resident in the mem- just a conceptual vocabulary memory.2 ories of individual officers and “ that describes the outcomes small units but not accessible but, rather, defines intermediate beyond the precinct boundaries. action steps—both processes It also is vulnerable to absence and results—in language mean- (e.g., sick days, vacations, court ingful to the officers who will ...being practical attendance, and training assign- make these happen. means recognizing ments) and extinguished by Broadly speaking, the transfer or retirement except in desired effect is not all that dif- both the possibilities the rarest of circumstances. Yet, ferent from the changes sought and the limits of what it is this information—not data, by the community-policing can be done with but information—that holds the movement. The task involves police resources. greatest promise for develop- ” changing the police mind-set ing anticipatory policing: that from that of a fraternity of which positions itself to shape protectors operating outside the the immediate future, rather community to one of a network than to react to it. of community-building agents The organizational response Innovation fatigue is a real integrated into the criminal generally has been to invest obstacle to creating change in justice system. the analytical power in special law enforcement organizations. Leaders must develop units, crime analysis, or crime Rather than introduce a new a means to break out of the mapping. Although they need term, such as anticipatory polic- confinement of the immediate not be, these functions tend to ing, it would be better to work and instill a capacity for both be centralized with command- within the existing law enforce- recognizing and consciously level officers as the primary ment vocabulary. Problem- seeking the small trends of recipients of the work. Individ- oriented or problem-solving change occurring within their ual officers or units can request policing is the most intuitive areas. Effective officers always specific analyses to supplement to officers at the line level and have done this as part of the local investigations or problem- provides a logical framework creation of cognitive maps they solving efforts. Moreover, some for blending a futures approach call “street sense”; some have departments encourage officers with a familiar and reasonable specialized in narrow interests, to engage in their own crime accepted conceptual framework. such as burglars and robbers, mapping and crime analysis to As an example, the authors while others have developed augment their cognitive maps of explore a Canadian approach a broader vision. But, these their assigned, or beat, areas. that offers an alternative to the April 2010 / 15 SARA (scanning, analyzing, of those actors most affected by changes in recent times and tra- responding, and assessment) the problem. Pushing officers jectory of these), unintended model that gave the law en- beyond the familiar channels of consequences, means of miti- forcement world a foundation law enforcement thinking will gating them, and realistic ex- it could use at the line level of lead to a new awareness of the pected outcomes in light of the policing.3 depths of community resources intervention and its consequenc- and the multiple intervention es and mitigation. And, finally, THE MODEL tactics that might be brought to partners would include resourc- Clients, analysis, partners, bear upon a problem. es and limitations, as well as “ response, and assessment make motivations and inhibitors. up CAPRA, which holds some promise for infusing futures Implementing Methods thinking into policing. With Leaders must CIAPRA assessments must a slight modification of this be built into the regular calen- Canadian perspective to include develop a means dar and stress the officer’s role information, the new acronym to break out of the as the center of an information- CIAPRA represents a second- confinement of the gathering network. While quar- generation model for problem immediate and instill terly assays are useful, officers solving. Such an approach a capacity for both should attend to the process in lends itself well to a futures recognizing and real time, adding observations orientation on a small scale, a consciously seeking about changes as they are made. foundation upon which to build the small trends The first round can identify the ” subsequent layers as an officer’s of change.... main players in the officers’ career progresses. beats and include legitimate The additional element of citizens and knowledgeable information transforms the informants on the fringe of the process from simple problem Four critical elements of the criminal element. analysis to baseline intelligence CIAPRA model can be expand- Shift supervisors should gathering. Requiring officers to ed. First, clients would include emphasize and facilitate on- identify clients of a particular stakeholders who have a posi- going interaction among of- action moves them beyond the tive or negative influence and ficers working the same beat simple tactical view. Similarly, those possibly disenfranchised, area in different time frames. the partners element broadens such as targets of police action.4 For example, the main players the perspective of responsibility Second, information needed likely will have some variation and capacity. It takes the solu- would cover two primary ques- by time of day, and the officers’ tion out of the exclusive domain tions: Where to obtain it? and own observations certainly will of the police and complicates How to develop it if not readily prove diverse. The process of the process of crafting one at accessible? Third, analysis, at comparing information will the same time. Adding informa- least initially, would involve the build a more comprehensive tion to this mix should nudge driving forces behind the prob- understanding of the beat for all the effort even further, as data- lem, guardianship issues, pos- officers, regardless of whether bases and repositories of knowl- sible points of intervention, im- they work rotating assignments edge exist outside the small core pact of such intervention (e.g., or steady shifts. 16 / FBI Law Enforcement Bulletin Agencies will need to The Future of Policing develop a metric for assessing officers’ work. They must dis- The FBI actively explores the future of polic- cover when officers are— ing through the Futures Working Group (FWG), a • doing a good job; partnership between the agency and the Society of Police Futurists International (http://www.policefu- • just providing lip service; turists.org). The mission of the FWG is to promote • adopting a “this too shall innovation through the pursuit of scholarly research pass” attitude; or in the area of police futures to ethically maximize • attempting to meet the new the effectiveness of local, state, federal, and interna- demands but encountering tional law enforcement bodies as they strive to main- difficulties through a lack of tain peace and security in the 21st century. Members skills or an intuitive under- have completed projects on such topics as the use standing of the concepts. of augmented-reality technology, neighborhood- Supervisors will know their driven policing, homeland security, policing mass own people well enough to casualty events, and the future of policing. As part make these distinctions, assum- of the FWG, the Futurists in Residence program, ing the supervisors themselves operational since 2004 and housed within the Be- are on board with the program. havioral Science Unit of the FBI Academy, affords In the initial stages, upper-level researchers and practitioners an opportunity to con- command staff may need to en- duct original research. courage supervisors, as well as line officers, to give the process a fair hearing. Active or passive resistance should be relatively easy to orientation, but retraining or assessments and nothing more. detect as the quality of informa- reorienting serving officers may Others may elect to make tion developed will be inferior prove difficult. It will be neces- CIAPRA a group exercise. And, to that done by enthusiastic and sary to develop a new training some supervisors may coordi- willing participants. The task of regimen to assist those who nate their squad’s efforts with distinguishing between resis- seem to be trying to do a good those of other personnel who tance and unskilled but good- job but not succeeding. In short, cover the same area on different faith attempts at compliance merely setting up the scheme shifts or days. will be more difficult. will not be sufficient. Instead, The first few training en- agencies must build in a struc- Developing Applications deavors cannot be expected to ture that makes visible use of Using the information de- produce uniformly successful the officers’ efforts, an intelli- veloped productively at the beat results; each round of CIAPRA gence bank. and precinct level will pose the assessments should be consid- How supervisors elect greater challenge. CIAPRA as ered as an iterative learning to manage the new CIAPRA a training guide or a problem- experience, further refining the requirements probably will vary solving template is task focused process. CIAPRA can be built by personality. For instance, and finite. In other words, the into recruit training or agency some may mandate individual exercise has an end. As an April 2010 / 17 The Model CONCLUSION CIAPRA is not the only C Clients model for developing a futures orientation throughout all levels I Information of law enforcement agencies. It does have the advantage of tap- A Analysis ping into elements of the police culture that are in place. To P Partners be successful, however, it will need to be properly managed, R Response not only at the onset but consis- tently into the future. A Assessment Endnotes 1 U.S. Department of Justice, Federal Bureau of Investigation, Bernard H. Levin intelligence-gathering tool or a links between reports and across and Richard W. Myers, “A Proposal for an Enlarged Range of Policing: Neighbor- futures perspective, it is open- time will be a human endeavor, hood-Driven Policing (NDP),” in Neigh- ended and subject to constant not a computerized one. borhood-Driven Policing Proceedings revision, which goes against the Each collection of CIAPRA of the Futures Working Group, ed. Carl grain of the operational expecta- reports will vary according to Jensen III and Bernard H. Levin (January the observations made by the 2005), 4-9, http://futuresworkinggroup.cos. tions of incident-based policing. ucf.edu/publications/Vol1-NDP-FWG.pdf The first round will establish officers and their individual (accessed August 10, 2009). a baseline, but, without follow- writing styles. Agencies can 2 Lawrence Sherman, Evidence-Based up, it simply will be an exercise preserve the raw material as Policing (Washington, DC: Police Founda- without utility. The organiza- a text file or a bound volume, tion, 1998), 5. 3 John Eck and William Spelman, Prob- tional challenge will be to main- but may find it more useful to lem Solving: Problem-Oriented Policing tain consistency, to repeat the invest in text-analysis programs in Newport News (Washington, DC: Police process on a quarterly basis, and for distilling what inevitably Executive Research Forum, 1987). to have all officers participate. It will become huge libraries over 4 Society as a whole (a given, as in “ev- also will be an agency respon- time. erything we do is for the community”) as an answer alone is so bland and attenuated sibility to put the information In the worst-case scenario as to be useless and, therefore, should be developed to some visible use. (where no useful archiving and discouraged by supervisory review. retrieval process is developed), Sharing Information a residual, if unstructured, Dr. Buerger, a former police officer, is Quarterly CIAPRA assess- archive still will reside in the an associate professor of criminal jus- ments at the beat level will not human memory of the officers. tice at Bowling Green State University be uniform nor lend themselves The greater the amount of pur- in Ohio and a member of the Futures to traditional computer databas- posive interaction and sharing, Working Group. es. Much of the beat-level inter- the greater the probability that Dr. Jarvis serves in the FBI Academy’s Behavioral Science Unit and heads the pretations will be intuitive, non- the information will be retrieved Futures Working Group. linear, and narrative. Making when the need arises. 18 / FBI Law Enforcement Bulletin Notable Speech The Most Important Profession By Bob Prout, Ph.D. Law Enforcement Training Building, Alexandria Technical College, Alexandria, Minnesota I t is an honor to be the guest speaker for the first graduating class from the new Law En- forcement Training Building. Three weeks ago, I had the privilege of teaching the ethics section place. During the first day, 8 banks were robbed, 100 shops were looted, and there were sniper at- tacks and rioting resulting in 3 million dollars of property damage. Thirty-five years ago this month, to law enforcement students in St. Cloud. I asked them to name the most important job in the United States. Forty-five percent of the students listed law Dr. Prout, a former Ohio enforcement. Forty-five percent got it right. Today, state trooper, currently my hope is the 140 law enforcement students in is department chair and director of the Criminal this Alexandria Technical College graduating class Justice Graduate Program at believe that law enforcement is the most important St. Cloud State University in job in the United States. St. Cloud, Minnesota. He delivered this speech on July Why is law enforcement the most important 24, 2009, at the Alexandria profession in the United States? Ask yourself Technical College Peace this question, What happens if a large group of Officer Graduation. police officers don’t report for duty? History has answered that for us. In 1919, the Boston police strike lasted only 1 day. The city of Boston was plunged into civil chaos. President Wilson branded the walkout “a crime against civilization.” In 1969, Montreal police went on strike, and anarchy took April 2010 / 19 Baltimore police went on strike, and the results realize how little we know. Be hard on yourself, or were similar to what happened in Boston and you won’t learn and improve. Remember, you’ll Montreal. When law enforcement stops, civilized never have all of the answers; you will never be society stops. Other professions are of limited sig- perfect, and you will make mistakes. See your law nificance when civilized society stops. This is why enforcement license as a license to learn. A good I believe law enforcement is the most important police officer loves learning. profession in the United States. However, a few years of experience will cre- You’ll be working for the people, and you will ate a dangerous time for you. Once you do a job be entrusted with great responsibility. The Michi- year after year, it tends to get commonplace. This gan State Police recognizes happens in most professions, this, and its maxim is “you and it’s no different in law en- “ must constantly stop to con- forcement. But, in police work, sider how your decisions will becoming lackadaisical can get influence people.” You’ll have you or someone else seriously the power to protect people; When law injured or killed. However, you you will have the power to kill enforcement can get injured in another way, people. You’ll have the power stops, civilized too. You’ll see so much of the to help people; you will have society stops. seamy side of life that your the power to injure people. spirit can get injured. If you feel ” You’ll have the power to take cynicism creeping in, don’t you away the freedom of the very forget that you have the most people you work for. I know important job in the United of no greater responsibility. States. You will be on the front lines. You will be the most Last week, I talked with several former law visible representative of government. enforcement officers. I asked them how they felt Another very important profession is the Unit- after they left police work. They said that they felt ed States Armed Forces. When law enforcement as if they had dropped off the face of the earth. and the military do not function, many people One said, “One day I was ‘in the know,’ and the revert to their primitive natures. Sir Winston day after I left police work, I felt like I was a Churchill’s view was correct when he stated that ‘nobody.’” the story of the human race is war. History shows Many of my former students who were police us that civilized society crumbles without strong officers and resigned or retired too soon tried to law enforcement and without a strong military. get back into law enforcement. They told me to You’ve had some excellent instruction at Alex- tell you to not lose sight of how important your andria Technical College that has prepared you to work is. They said to tell you that the fact that you enter the profession of law enforcement. Remem- can retire doesn’t mean that you should. They said, ber, I said, “You have had some excellent instruc- “Tell them not to retire too soon. Tell them that tion that has prepared you to enter the profession they have the most important job in this country.” of law enforcement.” At this point, you should We don’t recognize the most important things have the feeling of how little you know. This is that happen in our lives as they are happening. normal because the more we know, the more we We tend to think that more important things will 20 / FBI Law Enforcement Bulletin happen. But, many times, more important things know, the more you know how much you don’t don’t happen. You may feel that after you leave know. Remember that good police officers love to police work that police work was the most im- learn. Remember that most police officers who quit portant thing that you ever did in your life. If you law enforcement or who retired too soon regretted leave too soon, you will regret that decision until their decision. You remember these things because the day you die. these are important things to remember. I commend you for choosing the profession I congratulate you on your decision to be a of law enforcement. You will be part of that “thin law enforcement officer. You are entering a calling blue line” that protects us and our way of life. that protects our way of life. I thank you for your Remember that you have the most important job upcoming service to the most important profession in the United States. Remember that the more you in the United States. Unusual Weapon Shock Lighter Although this metal device looks like a lighter, it is marketed as a prank and delivers a mild shock when the user tries to light the flame. Law enforcement officers should be aware that of- fenders may attempt to use this shock lighter. April 2010 / 21 Bulletin Honors The Guardian Gurnee, Illinois, Police Department Near the main entrance to the Gurnee, Illinois, Police Department is The Guardian, presented by the Gurnee Police Citizen’s Police Academy Alum- ni Association. The statue features an officer holding the hand of a small boy on his left; to his right, a young girl is trying to get his attention. It honors men and women of the Gurnee Police Department and all law enforcement officers in general for their service and sacrifice in protecting others. The FBI Law Enforcement Bulletin seeks submissions from agencies who wish to have their memorials featured in the magazine’s Bulletin Honors department. Need- ed materials include a short description, a photograph, and an endorsement from the agency’s ranking officer. Submissions can be mailed to Editor, FBI Law Enforcement Bulletin, FBI Academy, Quantico, VA 22135, or e-mailed to firstname.lastname@example.org. 22 / FBI Law Enforcement Bulletin Legal Digest Confessions and the Constitution The Remedy for Violating Constitutional Safeguards By CARL A. BENOIT, J.D. © shutterstock.com L aw enforcement offi- to the modern criminal investi- significant importance within cers investigating crimi- gator.1 However, despite all of the criminal justice process. nal activity within the the physical evidence collected Law enforcement officers seek United States have increasing in a particular case and all of to obtain confessions from in- amounts of technology to as- the scientific analysis used to tie dividuals suspected of criminal sist them in identifying those an individual to the commission activity even when the physi- responsible for criminal con- of a crime, one nonscientific cal, scientific, or other evidence duct. Advances in DNA col- technique continues to play an against an individual is over- lection and testing, automated important role in the investiga- whelming. Criminal defendants, fingerprint identification, and tion and prosecution of criminal faced with the possibility that a multitude of forensic tech- activity: the confession. Con- their confessions may be used niques are only a few examples fessions made to law enforce- by the prosecution at trial, seek of the scientific tools available ment officers continue to hold to keep their confessions out of April 2010 / 23 court through legal challenges. it has fairly begun—but to different constitutional rights, Both parties recognize the con- seek out possibly guilty wit- answering this question in- tinued influence of the words ut- nesses and ask them ques- volves identifying the particu- tered by criminal defendants on tions, witnesses, that is, who lar constitutional safeguard in- a judge or a jury. There is some- are suspected of knowing volved—typically a right found thing powerful in the words that something about the offense within the Fourth, Fifth, or describe the particular events, precisely because they are Sixth Amendments to the U.S. as well as the thoughts, ac- suspected of implication Constitution—and then under- tions, emotions, or motives, that in it.2 standing the remedy that each would otherwise remain hidden It is when the police offi- provision imposes for a and undiscovered from any sci- cer “seek[s] out possibly guilty violation. entific or forensic test. In 1961, witnesses and ask[s] them In recent years, the U.S. Su- U.S. Supreme Court Justice Fe- questions”3 that the law sur- preme Court decided three cases lix Frankfurter made the follow- rounding confessions must be that involved confessions ob- ing statement about confessions considered. Because confes- tained in violation of constitu- that still rings true today: sions and interrogations are tional safeguards. And, in each Despite modern advances such a recognized and long- of these cases, the Supreme in the technology of crime standing tool in law enforce- Court has made one thing clear: detection, offenses frequently ment, articles about all aspects the Constitution imposes differ- occur about which things of the topic abound. Less fre- ent remedies for different viola- cannot be made to speak. And quently addressed, however, is tions. Law enforcement officers where there cannot be found a discussion of the legal effect must be aware of these issues innocent human witnesses of obtaining a confession in vi- and can find guidance in these to such offenses, nothing olation of constitutional safe- Supreme Court cases involving remains—if police investiga- guards. Because obtaining a confessions. Armed with this tion is not to be balked before confession can implicate information, law enforcement officers can properly understand the implications of obtaining confessions in violation of con- “ stitutional safeguards. …one nonscientific The Fourth Amendment technique continues “The right of the people to play an important to be secure in their persons, role in the investigation houses, papers, and effects, against unreasonable search- and prosecution of es and seizures, shall not be criminal activity: violated….”4 Expressly con- the confession. ” tained within its first sentence, the Fourth Amendment’s pro- hibition against unreasonable Special Agent Benoit is a legal instructor at the FBI Academy. searches and seizures are famil- iar terms to law enforcement 24 / FBI Law Enforcement Bulletin officers. What is less clear from evidence obtained in violation Thus, for purposes of the the text, however, is the remedy of the Fourth Amendment is Fourth Amendment exclusion- the Fourth Amendment imposes subject to the remedy of sup- ary rule, suppression is not for a violation of its protections. pression. This rule, established necessarily automatic: to order While the Fourth Amendment in Wong Sun v. United States, the suppression of evidence, stands silent on this point, the has come to be known, and very including a confession, a court U.S. Supreme Court has not nearly defined, by the phrase is required to determine if the stood mute. Beginning in 1914, “fruit of the poison tree.”8 If evidence in question was ob- the Supreme Court created a a proper understanding of the tained in violation of the Fourth “ remedy for violations of Fourth Amendment and then determine Amendment rights—the remedy whether anything occurred that of suppression.5 This remedy, may have cleansed the evidence however, was limited to the fed- from this violation. The 2003 eral government and its agents …verbal evidence case of Kaupp v. Texas10 best until 1961 when, in Mapp v. obtained in violation illustrates the application of Ohio,6 the Supreme Court held of the Fourth the remedy of suppression to a that the states were required to Amendment is subject confession. suppress evidence obtained in to the remedy of Following the disappear- violation of the Fourth suppression. ance of 14-year-old Destiny ” Amendment. Thetford on January 13, 1999, investigators learned that The Suppression Remedy her 19-year-old half-brother, The judicially created Nicholas Thetford, had a sexual remedy of suppression (also Fourth Amendment rule of sup- relationship with her and that called the exclusionary rule), as pression requires a more for- both were seen together on the defined by the Supreme Court, mal definition, then Wong Sun day Destiny went missing. On can be easily stated: evidence provided that as well. January 26, 1999, Thetford obtained in violation of the We need not hold that all and Robert Kaupp went to Fourth Amendment is excluded evidence is “fruit of the poi- the sheriff’s office to be ques- from use at trial. While there are sonous tree” simply because tioned about the disappearance. many exceptions and limits to it would not have come to Kaupp was cooperative dur- this general rule7 (beyond what light but for the illegal ac- ing the interview and released. will be covered within this arti- tions of the police. Rather, Thetford, after a long interview cle), the application of this rule the more apt question in such and failing his third polygraph to evidence is well understood a case is “whether, granting examination, eventually admit- in law enforcement circles. establishment of the primary ted to stabbing Destiny and And, while the suppression illegality, the evidence to hiding her body in a drainage remedy applies more commonly which instant objection is ditch. Thetford also implicated to physical or tangible items, made has been come at by Kaupp in the crime. After ob- the rule’s application clearly exploitation of that illegality taining a written statement from encompasses confessions. This or instead by means suffi- Nicholas, detectives sought became clear in 1963 when the ciently distinguishable to be an arrest warrant for Kaupp. Supreme Court ruled that verbal purged of the primary taint.”9 Their request for a warrant was April 2010 / 25 denied.11 Undeterred, three to 55 years. The Texas Court the events of the morning detectives and three uniformed of Appeals upheld the convic- of January 27—from being officers went to Kaupp’s house tion, and the Court of Criminal woken up in his bedroom, being between 2 and 3 a.m. on the Appeals denied review of the handcuffed, being transported morning of January 27 to case.15 Kaupp appealed to the to the police station, and being “get [Kaupp] in and confront U.S. Supreme Court. given Miranda warnings—led him with what Thetford ha[d] According to the Supreme to the conclusion that Kaupp said.”12 Kaupp’s father al- Court, the admissibility of was arrested. According to the lowed the police officers into Kaupp’s confession turned on Court, no “reasonable person in the home, and Kaupp was the issue of whether Kaupp’s [Kaupp’s] situation would have located asleep in his bedroom. thought he was sitting in the Kaupp was told, “we need interview room as a matter of to go and talk,” to which he choice, free to change his mind replied, “OK,” before he was and go home to bed.”16 Because handcuffed and escorted from Kaupp was arrested without his home into a waiting police probable cause to support the car, wearing only boxer shorts arrest, this Fourth Amendment and a T-shirt.13 He then was violation required suppression brought to the scene where of the product of the unlawful Destiny’s body was recently arrest—the confession—unless located, kept there for between the state could prove the confes- 5 to 10 minutes, driven to the sion was an “act of free will police station, placed in an [sufficient] to purge the primary interview room, unhandcuffed, taint” of the unlawful seizure.17 and read his Miranda rights. In this regard, the Court noted After initial denials, he admit- © shutterstock.com that factors to consider include ted his involvement in the observance of Miranda, the crime but denied any role in confession was the product length of time between the the murder. Kaupp also provid- of an illegal arrest. The state arrest and the confession, the ed investigators with a signed did not claim to have probable presence of intervening circum- statement.14 cause to arrest Kaupp when stances, and the level of mis- Prior to his trial, Kaupp the officers went to Kaupp’s conduct.18 The Court observed moved to suppress the oral and home the morning of January that only one of the above written statements he made to 27, but asserted that Kaupp was factors was present—the ap- investigators on the morning of not arrested until after he gave plication of Miranda—to favor January 27, claiming that the the confession. According to the prosecution.19 No substantial confession was the result of his the state, Kaupp consented to time passed between the arrest unlawful arrest. The trial court the encounter with the officers and the confession, and there denied the motion and ruled when he said, “OK,” and was was no allegation by the state that Kaupp was not placed un- taken from his bedroom. The that any significant intervening der arrest prior to making the facts, however, did not support event occurred between the admissions. Kaupp was con- the state in either position. In arrest and confession.20 victed of murder and sentenced essence, the Court held that The Court determined that 26 / FBI Law Enforcement Bulletin the application of Miranda from a person under these cir- the effect on physical evidence warnings, standing alone, was cumstances were presumed to located as a result of such a insufficient to cleanse Kaupp’s be coerced unless specific warn- statement? The Supreme Court statement from the illegal ings were provided and a waiv- answered this question in 2004. arrest.21 The Court remanded er was obtained. This rule was Samuel Patane came to the the case to the state court of developed primarily to protect attention of a police officer and appeals. On remand, the state the person’s Fifth Amendment a detective who were investi- admitted that it was unable to privilege against self-incrimi- gating Patane for separate of- point to any facts that would nation. According to Miranda, fenses. Both law enforcement “ remove the taint from the officers went to Patane’s home unlawful arrest.22 together, the police officer The Kaupp case provides a to investigate Patane’s viola- simple example of the applica- tion of a temporary order of tion of the suppression remedy. …a statement protection and the detective to Kaupp was seized in violation obtained in violation investigate whether Patane, a of the Fourth Amendment when of Miranda procedures convicted felon, illegally pos- he was arrested without prob- cannot be used by sessed a pistol. After arriving able cause. The product of that the prosecution in its at the residence and speaking direct case…. ” unlawful seizure was the con- to him, Patane was arrested for fession that Kaupp gave follow- violating the order of protec- ing his unlawful arrest. Because tion. The detective began there was insufficient evidence advising him of his Miranda that any events intervened if the warning and waiving pro- rights, but did not get past the between the unlawful seizure of cedures are not followed when right to remain silent because Kaupp and the confession made a person is in custody and sub- Patane interrupted him, claim- by Kaupp to cleanse the state- ject to interrogation, any state- ing that he knew his rights. ment from the Fourth Amend- of ment obtained is inadmissible in The advice27 rights was never ment violation, the confession the prosecution’s case in chief. completed. The detective was inadmissible.23 Thus, then questioned Patane about the pistol, and, though initially The Fifth Amendment The prosecution may not reluctant to discuss the gun, The Fifth Amendment to use statements, whether Patane said, “I am not sure I the U.S. Constitution, as it re- exculpatory or inculpatory, should tell you anything about lates to the taking of confes- stemming from custodial in- the [handgun] because I don’t sions, provides that “no per- terrogation, unless it demon- want you to take it away from son…shall be compelled in any strates the use of procedural me.”28 The detective persisted criminal case to be a witness safeguards effective to secure in light of this response. Patane against himself.”24 In Miranda the privilege against self- admitted that the pistol was v. Arizona,25 the Supreme Court incrimination.26 in his bedroom and gave the held that the environment pres- If a statement obtained in detective permission to take ent in the setting of a custodi- violation of Miranda procedures the gun. The detective found al interrogation was so coer- cannot be used by the prosecu- and seized the pistol. After cive that confessions obtained tion in its direct case, what is his indictment charging him April 2010 / 27 at trial,” and the Fifth Amend- ment “cannot be violated by the introduction of nontestimonial evidence obtained as a result of voluntary statements.”33 There was no claim that Patane’s statements about the pistol were made involuntarily in viola- tion of the Fifth Amendment. But, the Court has provided protection of Fifth Amendment rights beyond the core protec- tions. In this regard, Justice © Photos.com Thomas noted that the Supreme Court has created certain rules designed to protect the Fifth as a felon in possession, Pa- suppression was required by the Amendment’s privilege against tane sought suppression of the exclusionary rule, the Court first self-incrimination, including pistol.29 determined what constitutional the procedures set forth in the The district court sup- right was implicated. Because Miranda decision. According to pressed the gun,30 determining the circuit court of appeals held Justice Thomas, that the officers lacked probable that Patane was lawfully ar- cause for the arrest and the pis- rested based on probable cause, …in Miranda, the Court tol was a fruit of the unlawful there was no Fourth Amend- concluded that the possibil- arrest. The Tenth Circuit Court ment violation. What was clear ity of coercion inherent in of Appeals, while reversing the to the Supreme Court, however, custodial interrogations unac- district court on the issue of based on the uncontested facts, ceptably raises the risk that probable cause, suppressed the was that the detective obtained the suspect’s privilege against gun on the grounds that it was Patane’s statements without self-incrimination might be the fruit of Patane’s unwarned properly advising Patane of his violated. To protect against statement.31 The case was then rights pursuant to Miranda v. this danger, the Miranda appealed to the U.S. Supreme Arizona. Thus, the legal issue rule creates a presumption Court. for the Supreme Court focused of coercion, in the absence The issue before the Su- on the application of the Fifth of specific warnings, that preme Court was “whether a Amendment to the statements is generally irrebuttable for failure to give a suspect the Patane made while in custody. purposes of the prosecution’s warnings prescribed by Miran- According to Justice case in chief.34 da v. Arizona requires suppres- Thomas, writing for the major- Because the Miranda rule sion of the physical fruits of the ity of the Supreme Court, the provides protections that go be- suspect’s unwarned but volun- core protection of the Fifth yond the “actual protections of tary statements.”32 To resolve Amendment is its prohibition of the Self-Incrimination Clause,” the question of the admissibil- “compelling a criminal defen- the Court noted that statements ity of the gun and whether its dant to testify against himself obtained without compliance 28 / FBI Law Enforcement Bulletin with Miranda, unlike state- of the Miranda rule to state- a constitutional violation and, ments that actually violate the ments and also highlights the therefore, was admissible. Fifth Amendment, can be used distinction between the Fifth in certain situations because Amendment and Miranda. In The Sixth Amendment they do not violate the Fifth the case, there was no argument The Sixth Amendment to Amendment.35 For example, that Patane’s statement was the U.S. Constitution guar- “statements taken without involuntary or coerced—which antees that “[i]n all criminal Miranda warnings (though would have been a violation prosecutions, the accused not actually compelled) can be of the Fifth Amendment. Nei- shall…have the Assistance of used to impeach a defendant’s ther the officer nor the detec- Counsel for his defence.”41 To testimony at trial.”36 According tive compelled Patane to make protect this right, the Supreme to the Court, the failure to give a statement about the pistol. Court has held that a defen- Miranda warnings by itself does Their only omission was in dant is entitled to have counsel “ not violate a suspect’s Fifth present at certain critical stag- Amendment rights. A violation es, including postindictment of Miranda may occur only interactions between the de- when the suspect’s unwarned The Sixth fendant and the government.42 statement is introduced at trial, Amendment The Sixth Amendment pro- and the proper remedy for such tections only apply at certain a violation is the exclusion of protections only critical stages—after the filing the unwarned statement.37 Ac- apply at certain of a formal charge (in federal critical stages…. ” cordingly, “the nontestimonial procedure an Indictment of fruit of a voluntary statement… Information) or after a court does not implicate the Self-In- appearance on the charge. And, crimination Clause” because the because the right applies to the “admission of such fruit pres- questioning Patane without crimes that are the subject of ents no risk that a defendant’s finishing the required warn- the formal charges or court ap- coerced statements (however ings and obtaining a waiver. pearance, it is said to be crime defined) will be used against Patane’s statement—unwarned specific.43 Once the Sixth him at a criminal trial.”38 Fi- but otherwise voluntary—was Amendment right to counsel nally, the Court determined that not obtained in violation of the attaches to the defendant on a there was no reason to apply Fifth Amendment. According to particular charge, statements the remedy of suppression to the Court in Patane, the full and deliberately elicited from a the pistol by noting that it had complete remedy for the un- defendant by the government previously decided not to apply warned statement is the exclu- may not be used at trial unless suppression to mere failures to sion of the statement from the counsel was present when the give Miranda warnings.39 Find- prosecution’s direct case. The statement was made or unless ing that the Glock pistol should exclusion of the statement fully the defendant properly waived not be suppressed, the Supreme protected Patane’s Fifth Amend- his Sixth Amendment right. Court reversed the decision of ment rights. The nontestimonial But, does a Sixth Amendment the court of appeals.40 evidence—the pistol—obtained violation prohibit the prosecu- The Patane case provides as result of Patane’s unwarned tion from using a defendant’s a straightforward application statement was not the product of statements for impeachment April 2010 / 29 purposes? The Supreme Court trial for any reason, including (and their agents) of statements answered this question in 2009. impeachment, and reversed the pertaining to the charge.”50 In January 2004, Rhonda conviction.47 The state appealed According to the Court, which Theel and Donnie Ray Ventris to the U.S. Supreme Court. assumed that Ventris’s Sixth went to the home of Ernest The Supreme Court agreed Amendment right was violated Hicks likely because they to hear the appeal to determine when he engaged in a conversa- learned that Hicks carried large “whether a defendant’s incrimi- tion by the cell-mate informant, amounts of cash. One or both nating statement to a jailhouse the question is the scope of the killed Hicks, took $300 and informant, concededly elicited remedy to be imposed for the his cell phone, and fled in his in violation of Sixth Amend- violation. Here, the Court noted pickup truck.44 Theel and Ven- ment strictures, is admissible at that “excluding tainted evidence tris were arrested and charged for impeachment purposes is not with various crimes for these worth the candle.”51 This is so acts. Theel pleaded guilty to because the interests safeguard- robbery and agreed to testify ed by excluding the evidence against Ventris. Prior to his trial, for impeachment purposes are a police informant was placed “outweighed by the need to in the holding cell with Ventris. prevent perjury and to assure the After the informant engaged integrity of the trial process.”52 Ventris in conversation by tell- Thus, while the violation should ing Ventris that he looked like prevent the state from using the he had “something more serious evidence affirmatively, it should weighing on his mind,” Ven- not shield the defendant from tris confessed to the informant his contradictions or untruths.53 that he had “shot this man in © shutterstock.com The Court considered the his head and chest” and stolen possibility that because the some property from him as trial to impeach the defendant’s unlawfully obtained statement well.45 At his trial, Ventris took conflicting statement.”48 The could be used for impeachment the stand and blamed Theel for Court began the opinion by purposes, there is incentive for both the robbery and murder.46 noting that while the Sixth police officers to obtain the The prosecution, over the defen- Amendment’s core protection is statement in violation of the dant’s objection, was permitted “the opportunity for a defendant Sixth Amendment. To this end, to call the cell-mate informant to consult with an attorney the Court believed that police to testify to the prior statement and to have him investigate officers have significant incen- Ventris made about the murder. the case and prepare a defense tive to comply with the Consti- The jury acquitted Ventris of for trial,”49 the right extends tution because “statements law- murder, but convicted him of further. Also included in the fully obtained can be used for burglary and robbery charges. Sixth Amendment is the right all purposes.…” Even though Ventris appealed his conviction. to have an attorney at certain there may be some incentive to The Kansas Supreme Court “critical interactions between try to obtain impeachment mate- held that the statement made by the defendant and the State,” rial, the Court finds that this Ventris to the cell-mate infor- including “the deliberate elicita- potential benefit is too specula- mant was not admissible at tion by law enforcement officers tive and not weighty enough to 30 / FBI Law Enforcement Bulletin overcome the cost of permitting stand and testified in contradic- Endnotes a defendant to commit perjury tion to the statements he made 1 Jim Markey, “After the Match: Deal- to the informant, the pros- ing with the New Era of DNA,” FBI unchallenged.54 Accordingly, Law Enforcement Bulletin, October 2007, the Court held that the “infor- ecution was entitled to use the 1-4. mant’s testimony, concededly statements to impeach Ventris’s 2 Culombe v. Connecticut, 367 U.S. elicited in violation of the Sixth testimony. If Ventris did not 568 (1961). Amendment, was admissible to take the witness stand, the pros- 3 Id. 4 U.S. CONST. Amend IV. challenge Ventris’s inconsistent ecution would not have been 5 Weeks v. United States, 232 U.S. 383 testimony at trial” and reversed able to introduce the testimony (1913). the judgment of the Kansas of the informant. 6 Mapp v. Ohio, 367 U.S. 643 (1961). “ Supreme Court.55 7 Exceptions and limitations to the The Ventris case also pro- application of the suppression remedy include standing (Rakas v. Illinois, 439 vides a clear application of the U.S. 128 1978); good faith reliance on a Sixth Amendment to a confes- search warrant (United States v. Leon, 468 sion obtained in violation of …investigators U.S. 897 (1984); attenuation (Wong Sun v. its protections. It is important should ensure that United States, 371 U.S. 471 (1963); and to note here that the Court confessions obtained independent source and inevitable discov- accepted the premise that the comply with the ery (Murray v. U.S., 487 U.S. 533 (1988). See also Hudson v. Michigan, 547 U.S. comments by the jailhouse Constitution’s 546 (2006) (Suppression not required for ” informant amounted to an inter- demands. when search warrant executed in violation rogation of Ventris. Because of knock and announce rule); and Virginia Ventris’s Sixth Amendment v. Moore, 553 U.S. 164 (2008) (Suppres- sion not required for an arrest made in rights had attached by virtue violation of state statute but constitution- of his indictment, no statement ally permissible). about the pending charge could Conclusion 8 371 U.S. 471 (1963). be deliberately elicited from The cases discussed in this 9 Id. at 487, 488. Ventris unless he had counsel article describe the different 10 538 U.S. 626 (2003). 11 Kaupp v. State of Texas, 2001 WL present or if he was advised of costs imposed for obtaining a 619119 (Tex. App.- Hous. (14 Dist.)) his Sixth Amendment rights confession in violation of the (Unpublished opinion). and voluntarily waived them. safeguards found within the 12 Kaupp v. Texas, 538 U.S. 626, 628 Because the questioning by the Fourth, Fifth, and Sixth Amend- (2003). cell-mate informant was as- ments to the U.S. Constitu- 13 Id. at 629. 14 Id. at 628, 629. sumed to amount to deliberate tion. In light of the continued 15 Id. at 629. elicitation and because Ventris’s importance of confessions to 16 Id. at 632. counsel was not present at that the successful prosecution of 17 Id. time and Ventris had not waived criminals, investigators should 18 Id. at 633. his Sixth Amendment rights, the ensure that confessions obtained 19 Id. 20 Id. statement was taken in violation comply with the Constitution’s 21 Id. of the Sixth Amendment, and demands. In doing so, investiga- 22 Kaupp v. State of Texas, 2004 WL the informant was prohibited tors can ensure that confessions 114979 (Tex.App.Hous. (14 Dist.)) (Un- from testifying during the pros- obtained can be fully and af- published opinion). ecution’s direct case. However, firmatively used to their fullest 23 Events that a court should consider in this regard are set forth in Brown v. Il- once Ventris took the witness potential by the prosecution. linois, 422 U.S. 590 (1975). April 2010 / 31 24 U.S. CONST. Amend V. 38 Id. at 643. violation occurred and the Court did not 25 384 U.S. 436 (1966). 39 Id. at 644. See Oregon v. Elstad, 470 rule that this “concession was necessary.” 26 Id. at 445. U.S. 298 (1985) and Michigan v. Tucker, It accepted the concession as the law of 27 United States v. Patane, 542 U.S. 417 U.S. 433 (1974). the case. 630, 634-635 (2004). 40 Id. 51 Id. at 1846. 28 Id. at 635. 41 U.S. CONST. Amend. VI. 52 Id. (quoting Stone v. Powell, 428 U.S. 29 Id. 42 Massiah v. United States, 377 U.S. 465, 488 (1976)). 30 If the arrest of Patane was in viola- 201 (1964). 53 Id. tion of the Fourth Amendment, then both 43 Texas v. Cobb, 532 U.S. 162 (2001). 54 Id. at 1847. his statement and the gun would have been 44 Kansas v. Ventris, 129 S. Ct. 1841, 55 Id. subject to suppression. 1843 (2009). 31 Id. at 635-636. 45 Id. at 1843. 32 Id. at 634, 635. 46 Id. Law enforcement officers of other than 33 Id. at 637. 47 State of Kansas v. Ventris, 285 Kan. federal jurisdiction who are interested 34 Id. at 639 (Citations omitted). 595 (2008). in this article should consult their legal 35 Id. 48 Id. at 1843. advisors. Some police procedures ruled 36 Id. 49 Id. at 1844-1845 (quoting Michigan permissible under federal constitutional 37 Id. at 641. According to the Court, v. Harvey, 494 U.S. 344, 348 (1990)). law are of questionable legality under “the Self-Incrimination Clause contains its 50 Id. at 1845. The Court noted that the state law or are not permitted at all. own exclusionary rule.” State conceded that a Sixth Amendment FBI Law Enforcement Bulletin Author Guidelines Length: Manuscripts should contain 2,000 other magazines. Because it is a government to 3,500 words (8 to 14 pages, double-spaced) publication, the Bulletin cannot accept articles for feature articles and 1,200 to 2,000 words (5 that advertise a product or service. To ensure to 8 pages, double-spaced) for specialized de- that their writing style meets the Bulletin’s partments, such as Police Practice. requirements, authors should study several is- sues of the magazine and contact the staff or Format: Authors should submit three copies access http://www.fbi.gov/publications/leb/leb. of their articles typed and double-spaced on 8 htm for the expanded author guidelines, which ½- by 11-inch white paper with all pages num- contain additional specifications, detailed ex- bered, along with an electronic version saved on amples, and effective writing techniques. The computer disk, or e-mail them. Bulletin will advise authors of acceptance or Criteria: The Bulletin judges articles on rel- rejection but cannot guarantee a publication evance to the audience, factual accuracy, analy- date for accepted articles, which the staff edits sis of the information, structure and logical flow, for length, clarity, format, and style. style and ease of reading, and length. It generally Submit to: Editor, FBI Law Enforcement does not publish articles on similar topics within Bulletin, FBI Academy, Quantico, VA 22135; a 12-month period or accept those previously telephone: 703-632-1460; fax: 703-632-1968; published or currently under consideration by e-mail: email@example.com. 32 / FBI Law Enforcement Bulletin Bulletin Notes Law enforcement officers are challenged daily in the performance of their duties; they face each challenge freely and unselfishly while answering the call to duty. In certain instances, their actions warrant special attention from their respective departments. The Bulletin also wants to recognize those situations that transcend the normal rigors of the law enforcement profession. Officers Dave Arpin and Ryan Eberhart of the Saint Peter, Minnesota, Police Department responded to a distress call at a local river and discovered several people in the water in danger of drowning. A teenager and younger sibling had become caught in the strong current before a man helped them to shore. Then, he became victimized by the current as was his father who saw him in trouble and also entered the river, along with two younger men who tried to assist them. All Officer Arpin Officer Eberhart four men now were struggling to stay above the sur- face. Officer Arpin wore a life jacket and a rope around his waist and entered the water while Officer Eberhart held the end of the lifeline. With the help of an off-duty emergency medical technician, the officers helped the men to shore. One evening, Officer Timothy Tonkin of the Suffolk, New York, Police Department was dispatched to a vehicle in the water at a boat ramp. Upon arrival, he found an occupied vehicle mostly submerged about 60 feet from shore. Officer Tonkin secured his firearm, entered the water, and swam to the site. After repeatedly striking the rear window with his baton, the glass broke, and the vehicle began to fill with water and sink. Officer Tonkin swam underwater, reached the occupant, and brought him to the surface. An off-duty emergency medical technician helped them into a dinghy. Of- ficer Tonkin received treatment at a local hospital for minor injuries, and Officer Tonkin the victim survived. Nominations for the Bulletin Notes should be based on either the rescue of one or more citizens or arrest(s) made at unusual risk to an officer’s safety. Submissions should include a short write-up (maximum of 250 words), a separate photograph of each nominee, and a letter from the department’s ranking officer endorsing the nomination. Submissions should be sent to the Editor, FBI Law Enforcement Bulletin, FBI Academy, Quantico, VA 22135. U.S. Department of Justice Periodicals Federal Bureau of Investigation Postage and Fees Paid Federal Bureau of Investigation FBI Law Enforcement Bulletin ISSN 0014-5688 935 Pennsylvania Avenue, N.W. Washington, DC 20535-0001 Official Business Penalty for Private Use $300 Patch Call The patch of the Cape Elizabeth, Maine, Po- Cortland, New York, is called the Crown City be- lice Department features the scales of justice and cause of its location in the center of seven valleys in the Portland Head Light. The oldest lighthouse in the middle of the state. The patch of its police depart- Maine, it was commissioned by George Washing- ment depicts this, as well as the city’s role in importing ton in 1791 and has guided maritime traffic for and exporting items by river. Also featured are three over 200 years. prominent buildings in Cortland.