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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
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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
leb@fbiacademy.edu 22 Bulletin Honors
Cover Photo Gurnee, Illinois
© Photos.com/shutterstock.com

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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 serviceone 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.

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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 leb@fbiacademy.edu.

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- ment obtained is inadmissible in The advice27of 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.
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contain additional specifications, detailed ex-
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Criteria: The Bulletin judges articles on rel- rejection but cannot guarantee a publication
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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.
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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.