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July 2010

Digital Communication
July 2010
Volume 79
Number 7
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 The PIO and Today’s Today’s PIO must embrace modern
that the publication of this periodical
is necessary in the transaction of the
public business required by law. Use
Digital News Environment
By Patrick Davis
1 technology and the expanding abilities
and responsibilities it brings.
of funds for printing this periodical has
been approved by the director of the
Office of Management and Budget.
Cell Phones as Cell phone use by inmates can pose
The FBI Law Enforcement Bulletin
(ISSN-0014-5688) is published
monthly by the Federal Bureau of
Prison Contraband
By Tod W. Burke and
10 significant dangers.

Investigation, 935 Pennsylvania


Avenue, N.W., Washington, D.C. Stephen S. Owen
20535-0001. Periodicals postage paid
at Washington, D.C., and additional
mailing offices. Postmaster: Send Recruiting with Emotion By adjusting their recruiting strategies,
address changes to Editor, FBI Law
Enforcement Bulletin, FBI Academy,
Quantico, VA 22135.
and Market Positioning 20 agencies can stand out in a competitive
market.
By Chris Skinner
Editor
John E. Ott Sexting These disturbing cases require sound
Associate Editors
David W. MacWha
By Art Bowker and
Michael Sullivan
27 judgment by officers and prosecutors.

Bunny S. Morris
Art Director
Denise Bennett Smith
Assistant Art Director
Stephanie L. Lowe Departments
The Training Division’s
Outreach and Communications Unit
produces this publication with
assistance from the division’s 9 Technology Update 19 Bulletin Honors
National Academy Unit.
Issues are available online at
The FBI and Social Media Fair Lawn, New Jersey
http://www.fbi.gov.

E-mail Address
15 Unusual Weapon 24 Bulletin Reports
leb@fbiacademy.edu Cigar Cutter OJJDP Initiatives
Cover Photograph
Mental Health Initiatives
© iStockphoto.com 16 Notable Speech
The Significance of 26 Leadership Spotlight
Send article submissions to Editor,
FBI Law Enforcement Bulletin, Personal Character Effective Leadership Through
FBI Academy, Quantico, VA 22135. Institutional Integrity

ISSN 0014-5688 USPS 383-310


© Kyle Hartsock

The Public Information


Officer and Today’s
Digital News Environment
By PATRICK DAVIS, M.S.

July 2010 / 1
ver the past 20 years, that journalists must turn around media representatives eager

O the nature of the news


media business has
changed dramatically. Such
more stories more quickly.
For law enforcement and
other public agencies, this trend
to report first on a breaking
incident. News directors want to
showcase their organization’s
innovations as the invention can cause frustration and hard- ability to be first on the scene
and expansion of 24-hour cable ship. Public information officers and to have exclusives.
news coverage, camera phones, (PIOs) now must do much more When a big story develops,
and Internet applications add to than simply respond to news. PIOs anticipate the phone calls
the ever-expanding field of in- Today, they have expanded from seemingly every outlet in
formation contributing to news abilities and responsibilities, town asking the same questions.
reporting. which include providing on- However, savvy reporters may
At the same time, media or- the-scene reports and pitching bypass an agency PIO by call-
ganizations continue to stream- stories to Internet-savvy news ing their own sources to obtain
line their operations, commonly representatives. information. To this end, with
sharing resources between print, cars equipped with mobile data
television, and radio. Many REPORTING THE NEWS terminals and other computers,
markets have seen older, more Reporters will write various many agencies allow officers in
seasoned reporters replaced stories about law enforcement. different areas or those off duty
with much less experienced However, when they easily can to log on and read the details—
(and cheaper) ones who often access the information, their even when unsubstantiated—
serve in the roles of reporter, primary concern lies with of an incident. Some reporters
photographer, and editor of presenting developing crime know how to develop them as
their stories. Consolidation in incident stories.1 Lights, sirens, sources, and many have favorite
many markets also can mean and confusion can draw many officers who will provide them
with details. In an age where
technology often propels infor-
mation faster than people can
control it, PIOs must continue

“ …PIOs must
continue to embrace
technology and
to embrace technology and
its benefits or risk becoming
obsolete.2
“Organizations that…
control media images and
its benefits or risk promote issues consistent with
becoming obsolete. their own interests have power,
and losing this control is detri-
mental to their legitimacy….”3

Mr. Davis, a former police lieutenant, currently serves as the public


information officer for the Second Judicial District Attorney’s Office
in Albuquerque, New Mexico.
” Effective PIOs know how the
media in their community
works and how to release
information quickly and accu-
rately. By virtue of their author-
ity, police agencies generally

2 / FBI Law Enforcement Bulletin


are considered reliable sources example, RSS users who sub- quickly and fairly to all news
and, thus, information they scribe to CNN’s site can elect to outlets in the community. For
provide can be easily reported, receive notification only when instance, on its Web site, a po-
often without additional verifi- a new story posts that contains lice department can post news
cation.4 But, making phone calls the word police or their town releases of upcoming events or
to every news outlet in a com- name. They do not have to man- initiatives and alert the com-
munity takes time, especially ually check each site of inter- munity to developing emergen-
when each one wants to con- est or stay logged on and click cies, all from the same source
duct a formal interview. How- “refresh” every few seconds. and at the same time. Agen-
ever, if PIOs embrace modern RSS feeds take away all of this cies choosing to employ this
technology and use it appropri- work. Similarly, journalists can system should use it regularly,
ately, they will gain some relief avoid being inundated with at least weekly, to ensure that
and some control over the news releases and story ideas by news gatherers become used to
message. controlling and monitoring the following the feed to get infor-
Nearly every news organiza- mation and referring to it in an
tion has a 24-hour assignment emergency.


editor or news director watching PIOs responsible for watch-
wires and rival television news- ing daily news clips will find
casts and reading Web logs and RSS feeds valuable. Web-based
feeds. Even non-24/7 outlets,
Effective PIOs know search engines, such as Yahoo!
such as alternative papers and how the media in and Google, allow users to cre-
weekly editions, still demand their community ate their own Internet searches
access to information about works and for specific terms. For instance,
incidents that occur outside how to release subscribing to Google Reader
normal business hours. PIOs information quickly allows PIOs to create feeds to
can exploit this by developing and accurately. continually scan and gener-
their own news-producing feeds ate alerts for terms, such as the


online that can become the name of their department and
official message of an agency chief or sheriff or any other
during routine days, as well as words they choose. These feeds
crises. feeds. This proves especially can turn up such items as news
helpful in large markets where stories, personal blogs com-
EMBRACING reporters with different assign- menting on the agency and its
TODAY’S TOOLS ments can subscribe to separate officers, community newsletters
feeds from the same Web site; a from neighborhood associa-
RSS Feeds crime reporter can opt to learn tions, and even some chat-room
Subscribers to Real Simple about arrests and investigations, posts. A reader who spots a blog
Syndication (RSS) feeds auto- while a school reporter may complaining about speeders in
matically receive notification select only new juvenile inter- a neighborhood could direct of-
when a Web site they follow vention programs. ficers to increase visibility and
is updated; they also choose Law enforcement agen- enforcement in that area, even
the type of content to which cies can use this valuable tool without submitting a formal
they want to be alerted.5 For to communicate information request.

July 2010 / 3
© Kyle Hartsock

Moreover, RSS feeds ex- particular term shows up in the Twitter


ceed geographical limits; many news and even on what days of A relatively new Internet
PIOs find it amazing how far the week or time of day terms phenomenon, Twitter use is
stories about their agency can first appear. PIOs can use this spreading quickly, especially
spread. Using these feeds in to track the spread of a news among younger people. Users—
such a broad sense is perfectly release or story involving the either an individual or an orga-
legal and in many cases eye- agency and to gauge the news- nization—can create a profile
opening for an agency and its worthiness of stories. and provide instant updates on
leadership. If a reader can avoid However, RSS feeds may daily activities, breaking news,
the temptation to respond to not find content in subscriber- and even mundane details. Fol-
every criticism, the information only pages, including many lowers, or subscribers, can view
gleaned can prove educational news sites that require paid a user’s postings, also known as
for a department’s leadership access to read full articles. “tweets.” For instance, they can
and PIO, who may learn more They also cannot search audio see current happenings in an
about how particular messages or video for terms but are organization in real time.
play to the community. Google very useful in tracking how Among social networking
Reader, for example, provides well an agency’s message is sites, Twitter is unique in that it
tracking of subscribers’ feeds, spreading and how it is being limits postings to 140 charac-
demonstrating how often a received. ters; information must be short

4 / FBI Law Enforcement Bulletin


and to the point. During times level of security and reliability over other networking sites.
of crisis communication, PIOs for municipal agencies. Reducing the number of mes-
can take advantage of this; in- Similar to Twitter, Nixle sages ensures that readers pay
stead of preparing, editing, and allows users to send short 140- attention when they receive one
distributing a full news release, character messages to sub- from law enforcement because
they simply can use Twitter scribed users through “wires,” it likely will be immediately
to put the basic facts into a or communication networks. relevant to them there and then.
single, short message. Further, Much like other networking Although relatively new,
PIOs can continue to provide sites, anyone can set up a wire Nixle has demonstrated its use-
information in a timely manner and send messages about their fulness to law enforcement. For
through regular updates and, if activities, breaking news, or instance, an elderly resident in
necessary, schedule a full news other details. However, Nixle a California community failed
conference and prepare a news offers municipalities the ability to return home after she went
release, all from a command to have their own wire that al- out for a brief trip. Local police
post or office. For less serious lows them to send secure instant quickly sent out a description to
incidents, PIOs can give direc- all subscribers within one-half
tions and information to the mile of her home and a short


media without ever leaving the time later expanded the message
office and without the trouble to include more information and
of calling everyone individu- more subscribers within a larger
ally with the same information.
Modern technology search area. The woman soon
Agencies using the Internet as offers both was found safe and returned to
part of their public informa- new capabilities her family.
tion strategy should incorporate and new challenges. Other agencies, particularly
Twitter into their Web sites to those in major metropolitan


provide live tweets without areas, will find Nixle useful dur-
requiring readers to subscribe. ing major events. For example,
during the 2009 G-20 meetings,
Nixle emergency messages to all users Pittsburgh, Pennsylvania, Police
Of all the social networking in a designated geographic ar- Department command staff used
Web sites, Nixle is the first to ea.6 This works well in commu- Nixle’s secure group text-mes-
target municipal agencies. That nicating directly to those who saging abilities to send secure
approach has earned it some need the information quickly. messages about developing in-
unique partners. In June 2008, Municipal users simply log in, cidents to partner agencies pro-
Nixle became the first public enter their message, and then viding security at multiple event
networking site to partner with select an area on a map affected locations. Because the messages
the National Law Enforcement by the incident. The message between municipal departments
Telecommunications System goes only to users who choose were routed through NLETS,
(NLETS). Because of this to accept alerts in those areas. they were secure enough for
relationship, Nixle can house its This ability to limit information sensitive information and could
servers in NLETS’ secure facili- distribution to only those who be targeted to specific law
ties, resulting in an enhanced need it offers a big advantage enforcement teams or agencies

July 2010 / 5
working at a single site.7 This where municipalities begin Popular Tools
flexibility proved critical to promoting their own use of the
their success and ensured that system.
persons receiving the messages Because it is so new, the full
did not tune out the informa- benefits of Nixle likely have not
tion, as often happens when been realized. But, its unique
officers monitor citywide alerts partnership with municipalities, http://www.facebook.com
not relevant to their individual particularly law enforcement, is
assignment, or that people did promising and has proven suc-
not change the message as they cessful. Because of its support
passed it through the grapevine. by private users and advertisers,
As many municipalities the service is generally free for http://www.nixle.com
begin to look for cost-effective agencies.
and reliable means of emer-
gency messaging, Nixle likely YouTube
will see increased attention. Its By far, YouTube is the most
extensive usage is growing prolific personal media site
rapidly. Schools, univer- available. Many departments http://twitter.com
sities, search and res- use it to publish recruiting vid-
cue teams, and other eos and news conferences. The
municipal agencies primary attraction to YouTube
increasingly look is that agencies can have a
to Nixle because department profile and create
of its security and post videos for free. This
and reliabili- allows large agencies to focus http://www.Youtube.com
ty during an media dollars on production and
emergency, smaller ones to establish a Web
and this presence. In addition, PIOs can
likely will use YouTube to promote new can integrate YouTube video
generate initiatives that are sometimes into other media strategies to
increased difficult to have covered in the create a better-controlled and
users in traditional media. more-thorough approach. You-
areas Because users control the Tube videos can be included in
content, departments can cre- department Web sites and Face-
ate their own videos book pages and linked to Twit-
profiling agency ter messages. Further, many
accomplishments, of- media outlets that have a Web
ficers of the year, and presence often will point view-
new initiatives with- ers to an agency’s YouTube
out time-constraint page so they can find more in-
limits imposed by formation on a particular story
television reporting. and, thus, the department as
© Photos.com Departments even well.

6 / FBI Law Enforcement Bulletin


Facebook ability to post information one updates of developing stories,
Facebook boasts millions time and in one place, yet have as well as previews of upcom-
of regular users, more than half it spread across multiple media ing ones. RSS feeds of news
logging on at least once a day outlets in an instant. Built-in stations and newspaper Web
looking for some type of in- monitoring tools can track an sites provide instant notification
formation. Agencies can har- agency’s messages and indicate of new stories being posted or
ness Facebook’s power by which ones get the most at- updated. Forward-thinking PIOs
understanding how it works. tention and how quickly they can follow these tweets and
Departments can provide infor- spread. pitch potential stories to news
mation, videos, news (or status) outlets promoting similar ones.
updates, and event information For instance, a news station


to other users who choose to tweets that a reporter plans a
follow by becoming a “friend.” story about the rise of juvenile
Especially important to orga- crime. A PIO could quickly call
PIOs must the station and suggest a story
nizations, friends can opt to re-
ceive instant notification when
remain accessible about a new truancy prevention
the agency posts new informa- to ensure their grant recently awarded to the
tion and content, and they can success. police department.
respond with comments. PIOs must remain acces-


For example, a law enforce- sible to ensure their success.
ment agency can post a Friday Not surprisingly, a recent study
afternoon status update remind- found that an accessible PIO or
ing friends of checkpoints Public agencies find Face- chief executive was the most
targeting drunk driving. Every book enticing because it costs important factor in creating a
friend will get this information nothing to create, edit, or main- positive image of an agency in
as they make plans for Friday tain a profile. It also provides the eyes of the media.8 Tech-
night activities and, thus, hope- real-time information about nology provides new ways for
fully will remember to use a who follows the department’s those who need to be acces-
designated driver. Similarly, a information, who shows the sible to remain in touch without
single posting can spread AM- most interest, and what types of actually being on the phone or
BER Alerts and other breaking comments followers have had. present in person.
news around the world, both to Agencies also can promote and
citizens and to the media. PIOs spread positive stories in the CONCLUSION
no longer need to e-mail, fax, press by linking to it; both the Clearly, public information
and call numerous news outlets department and the media outlet officers need to change with
to promote a story and then wait benefit from the publicity. the times. Modern technology
hours or days for them to air or offers both new capabilities and
publish it. CHANGING THE new challenges. As these in-
New features allow the PIO’S ROLE novations expand the amount
integration of Facebook status For on-the-move PIOs and of information available, PIOs
updates with Twitter, blogs, or journalists alike, most news must ensure they retain the
commonly used Web sites. This outlets now have a presence ability to control their agency’s
gives account managers the on Twitter and provide regular message.

July 2010 / 7
5
Departments and their PIOs Endnotes David Scott, The New Rules of
must ensure they “establish Marketing and PR: How to Use News Re-
1
Steven Chermak and Alexander leases, Blogs, Podcasts, Viral Marketing,
protected fronts…and commu- Weiss, “Maintaining Legitimacy Using and Online Media to Reach Your Buyers
nicate in ways allowing them External Communication Strategies: Directly (New York, NY: John Wiley and
to strategically control what is An Analysis of Police-Media Relations,” Sons, 2007), 191.
Journal of Criminal Justice 33 (2005): 6
known and asked.”9 Digital me- 510. 7
http://www.nixle.com
dia is a front that agencies must “Pittsburgh PD Uses Text Mes-
2
References to specific brands and saging During G-20 Protests,” http://
incorporate into their public products are for clarity and should not be www.policemag.com/Blog/Technology/
information strategy. By estab- considered endorsements by the FBI. Story/2009/10/Pittsburgh-Police-s-Text-
3
lishing themselves in the digital Chermak and Weiss, 510. Messages-Help-Quell-G-20-Protest-
4
R. G. Kasinsky, “Patrolling the Facts: Violence.aspx (accessed 12/2/09).
community, agencies can ensure Media, Cops, and Crime,” in Media, 8
Chermak and Weiss, 502.
they have the best possible rela- Process, and the Social Construction of 9
Chermak and Weiss, 509.
tionship with the media and the Crime, ed. G. Barak (New York, NY:
public. Garland, 1994), 203-234.

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since March 1990. With the August 2009 issue, we began sending our readers
e-mails announcing the latest edition and providing a direct link to the FBI Law
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Editor
FBI Law Enforcement Bulletin

8 / FBI Law Enforcement Bulletin


Technology Update

The FBI and Social Media


ver the past few years, the FBI has sites around the world and viewed more than
O rolled out a number of new initiatives a million times. After downloading the app,
on its Web site, http://www.fbi.gov, that users can view pictures of and details on miss-
make it easier for the public and Bureau ing children and wanted criminals and terror-
partners to help track down wanted fugi- ists and send e-mail tips by phone. A more
tives and missing children, to submit tips recent update provides directions to and
on terrorism and crime, and to get the latest contact information for the nearest FBI of-
FBI news and information. These include an fice. People in over 75 countries have down-
e-mail alert service, syn- loaded the app more than
dicated news feeds, and 700,000 times.
a series of podcasts and In January 2010, a new
widgets. widget (viewable at http://
In 2009, the FBI fol- www.fbi.gov/multimedia/
lowed up on these efforts media_main.htm) was un-
by establishing an official veiled integrating dozens
presence on several social of the FBI’s feature videos
media Web sites, including into an easy-to-navigate
Facebook, YouTube, and player that law enforcement
Twitter. These sites provide officers or members of the
another way for the public public can embed on any
to access FBI news, stories, Wanted by the FBI Web site or share with oth-
videos, and other content Weekly podcast on our ers by clicking on the “Get
posted on the Bureau’s Web wanted fugitives and & Share” button. Further
site. missing persons. efforts have included pilot
In February 2009, a Current show | Archives
tests in Second Life, a free
Kansas company (founded 3-D world inhabited by mil-
by a former law enforcement lions of people worldwide,
officer) that provides eGovernment services for virtual billboards and kiosks that show
created a free iPhone and iTouch app featuring the photos of Ten Most Wanted fugitives
Bureau fugitives and breaking news. It was and connect people to FBI jobs, the Internet
inspired by the FBI’s Most Wanted Fugi- Crime Complaint Center, and wanted post-
tives widget, installed on over 4,500 Web ers of cyber criminals.

July 2010 / 9
Cell Phones as
Prison Contraband
By TOD W. BURKE, Ph.D., and STEPHEN S. OWEN, Ph.D.
© Thinkstock.com

n inmate escaped from a cell phones to facilitate criminal detection and proposed legisla-

A Kansas prison allegedly


with the aid of a phone
smuggled in by an accomplice.1
acts from within a correctional
institution.
The authors have examined
tion, to minimize the harm of
cell phone use by inmates.
Possession by Prisoners
In Texas, a death row inmate the real and potential dangers
charged with killing four per- that inmate wireless phone pos- A study of Kentucky correc-
sons, including two teenage session poses not only to prison tional personnel found that 92.2
girls, allegedly used a wireless and jail personnel and other percent believed that inmates
phone from within the prison prisoners but to the community should have telephone privileg-
to threaten a prominent state at large. Their study focused es.3 At least one court has sug-
senator and his family.2 These particularly on the methods of gested that prisoners may have
incidents serve as just two ex- concealment, as well as pre- a right to access.4 However, it is
amples where individuals used vention strategies, including important to acknowledge that

10 / FBI Law Enforcement Bulletin


this right has limitations. Re- smuggle them into facilities in enforcement agencies, banks,
strictions may not only limit the increasing numbers. For ex- and public buses, killing hun-
number of persons an inmate ample, in 2008, approximately dreds of people.12
may call but dictate that none of 2,800 devices were confiscated One Maryland official
the individuals have a criminal by California officials alone.9 stated, “Cell phones are perhaps
record.5 As a general matter, During a massive search in a the worst type of contraband
correctional staff may monitor Texas institution, authorities because, in most cases, they
inmate calls when “pursuant to recovered approximately 300 provide an easy, continuing
a policy statement” and when wireless phones, including 18 connection back to the inmate’s
prisoners receive “reason- from death row inmates.10 life on the street—the type of
able notice that monitoring of The problem of smuggled lifestyle that led to them being
telephone conversations might devices in prisons occurs incarcerated.”13 Prisoners have
occur” (although a different worldwide. Authorities in India used them to, for example, in-
analysis likely would apply to confiscated more than 600 cell timidate and threaten witnesses;
legal communications).6 Finally, phones in a Gujarat facility.11 transmit photographs, including
authorities may impose restric- Guards at the Danilio Pinherio offensive pictures sent to vic-
tions on telephone use based on prison in Brazil discovered that tims; orchestrate crimes, such
the security level in which an inmates used pigeons to fly as gang activity; coordinate
inmate is housed.7 phones and related parts in escapes; bribe prison officers;
Even despite such limita- and out of the institution; order retaliation against other
tions, inmate telephone use prisoners there allegedly have inmates; text other prisoners;
sometimes may facilitate used wireless phones to coordi- gain access to the Internet;
criminal activity. A recent report nate a wave of assaults on law and create security breaches.
concluded that “a significant
number of inmates use prison
telephones to commit serious
crimes.”8 While prisoners may
use their cell phones for benign
purposes, such as maintain-
ing contact with family and
friends, the devices also may
provide inmates with an avenue
for conducting criminal activ-
ity without concerns about the
restrictions imposed on landline
telephone use.
Seriousness of the Problem
Cell phones represent the Dr. Burke, a former police officer, Dr. Owen is an associate professor
latest concern in authorities’ is a professor of criminal justice of criminal justice at Radford
at Radford University in Radford, University in Radford, Virginia.
constant struggle against prison Virginia.
and jail contraband. Inmates

July 2010 / 11
Concealment by Inmates inspections but perimeter devices,20 including even the
Prisoners have creative searches. In one case, officials small SIM cards, which is im-
methods of concealing cell discovered wireless devices portant because prisoners often
phones and related contraband, outside a perimeter fence and store them separately, “mini-
such as subscriber identity mod- determined that a makeshift mizing the loss in case a phone
ule (SIM) cards used to store launcher catapulted them over is seized.”21 The use of dogs to
phone numbers and text mes- the prison wall.17 Some institu- sniff out cell phones has proved
sages.14 For instance, authori- tions have used traditional quite successful. According to
ties have found devices hidden security measures, such as metal one report, “In fiscal year 2008,
under mattresses; concealed by detectors; X-ray technology; 849 cell phones were found
wrist watches; and contained and routine searches of staff, within the facility or intercepted
inside body cavities, rice and outside of the facility on prison
cereal containers, false bottoms grounds at 24 facilities….”22


of boxes, hollowed-out books, Some agencies have begun
toilets, televisions, radios, light to use electronic cell phone
fixtures, portable fans, socks, detection systems, which can
and duffle bags.15 Prisoners have indicate to security staff when
Visitors and employees creative methods a device is in use in a facil-
also smuggle wireless phones of concealing cell ity. Some such systems rely on
and related paraphernalia into phones and related wireless sensors to detect phone
prisons. In some cases, staff contraband…. signals.23 Others may be hard-
members have accepted bribes, wired within a facility. Although
usually for several hundred dol- effective, use of these technolo-


lars per device, from inmates to gies requires start-up costs.24
sneak cell phones into facilities.
For example, one correctional Jamming and
officer reported earning more visitors, and contractors, to Legal Considerations
than $100,000 by charging pris- detect cell phones.18 Officials “Jamming is a radio fre-
oners $100 to $400 per device. also have used body orifice quency (RF) technology used
Smuggled wireless phones also security scanner (BOSS) sys- to disrupt cell phone signals.”25
provide a source of additional tems to detect cell phones Along with denial of service
income to inmates who charge and parts concealed in body and passive interception, this
other prisoners up to $50 for cavities.19 may seem like an attractive
each call placed.16 An innovative proactive possibility; however, it is illegal
approach to detection is the unless done pursuant to specific
Detection by Authorities use of dogs. For instance, as authorization. As noted in sec-
As a result of the influx of part of their crackdown on cell tion 333 of the Federal Com-
wireless phones within facili- phone possession by inmates, munications Commission (FCC)
ties, officials have taken ag- the Maryland Department of Act of 1934, “[N]o person shall
gressive measures to detect Public Safety and Correctional willfully or maliciously inter-
them. Authorities have imple- Services uses canines trained fere with or cause interference
mented not only random cell specifically to detect wireless to any radio communications.”26

12 / FBI Law Enforcement Bulletin


The penalty specified for jam-
ming is a maximum fine of
$11,000 per day and the poten-
tial for criminal prosecution.27
Some states, as well as Wash-
ington, D.C., have requested
that the FCC revisit its antijam-
ming policy.
Currently, Congress is
examining the possibility of
permitting the proactive use of
jamming to prevent inmates’
use of cellphones in correctional
institutions. One bill under con-
© Photos.com
sideration would allow “state
governors or the Director of the
Federal Bureau of Prisons to pe- incapacitated a sheriff’s cross- phones merely is a method for
tition the FCC to permit mobile band repeater. This posed a prisoners to communicate with
jamming in prisons.”28 danger during an active SWAT family members who live in
Despite successful test- team activity.30 Additionally, of locations where pay phones do
ing of jamming technology course, the same technology not currently exist.32 It is un-
that blocked only the targeted that prohibits inmates from likely that such a claim would
signals in prison settings around using wireless phones also be sustained in court, as cell
the globe, inadvertent interfer- would prevent correctional phone restrictions more likely
ence with legitimate cell phone personnel from doing the same would be viewed as “reasonably
service does pose a real con- for routine business or in the related to legitimate penological
cern. For instance, jamming event of an emergency. interests.”33
at one institution disabled cell A more practical concern to
phone service to approximately Additional Concerns correctional administrators is fi-
200,000 nearby residents.29 Some inmates prefer wire- nancial, as inmate telephone use
Also important to consider less phones so they can bypass generates agency revenue. For
is how jamming might interfere telephone monitoring systems instance, a 1995 study found
with public safety. For instance, within the prison. Cell phones that such income totaled $96.4
jamming technology could provide them a means of private million for 31 state correctional
affect police radio and cell communication with minimal agencies.34
phone reception in the event oversight by authorities. Fur-
of an emergency response or ther, inmates argue that wireless Recommendations
the transmission of vital infor- phones are less expensive than This problem likely will
mation. In one situation, a pay phones for maintaining not disappear in the near future.
school system jammer used to contact with family.31 Addition- However, effective prevention
prevent students from using ally, according to some de- strategies and workable poli-
their cell phones during class fense attorneys, the use of cell cies can help minimize it. First,

July 2010 / 13
7
correctional institutions need to Endnotes Lopez v. Reyes, 5th Circuit Court of
continue their vigilance toward 1
Don Thompson, “Prisons Press Fight Appeals, 692 F.2d 15 (1982).
8
Against Smuggled Cell Phones,” ABC Office of the Inspector General,
detection of smuggling and “Criminal Calls: A Review of the Bureau
News, http://abcnews.go.com/Technology/
possession of the devices by wireStory?id=7332293 (accessed Septem- of Prisons’ Management of Inmate Tele-
prisoners, using both traditional ber 8, 2009). phone Privileges,” U.S. Department of
and innovative methods (e.g., 2
Michael Graczyk, “Texas Prisons Justice, http://www.usdoj.gov/oig/
canines). Second, if jamming Locked Down After Death-Row Inmate special/9908 (accessed September 8,
Found with Phone,” CorrectionsOne, 2009).
becomes legal, research on the 9
Thompson.
http://www.correctionsone.com/correc-
usage of these technologies tions/articles/1747630-Texas-prisons-
10
Lisa Sandberg, “Texas Prison Of-
should continue. Third, jurisdic- locked-down-after-death-row-inmate- ficials Plan to Test Cell Phone Jammers,”
tions should consider criminal- found-with-phone/ (accessed September 8, CorrectionsOne, http://www.correction-
izing inmate cell phone posses- 2009). sone.com/news/1760767-Texas-prison-
officials-plan-to-test-cell-phone-jammers
sion, rather than treating it as (accessed September 8, 2009).
ordinary contraband; officials 11
Hilary Hylton, “Trying to Keep


in California have introduced Cell Phones Out of Prison,” Time
such a bill.35 Finally, authori- Inc., http://www.time.com/time/
ties should encourage the use printout/0,8816,1861553,00.html
of technology as a prevention This problem likely (accessed September 8, 2009).
12
and detection strategy for cell will not disappear Stan Lehman, “Pigeons Fly Cell
Phones into Brazilian Prison,” ABC News,
phones in prisons. in the near future. http://abcnews.go.com/International/
However, effective wireStory?id=7222002 (accessed
Conclusion prevention strategies September 8, 2009).
13
At one time, drugs and to- Rick Binetti, “Cell Phones Go to the
and workable policies Dogs: Maryland Uses Phone-Finding K-9s
bacco served as the contraband can help minimize it. to Step Up Security Efforts,” Corrections
of choice by prisoners. Now, Today, October 2008, 59.


wireless phones are becoming 14
Kristen Wyatt, “Prisons Cracking
popular. Correctional personnel Down on Wrong Types of Cells,” Cor-
must maintain excellent intel- rectionsOne, http://www.correctionsone.
ligence gathering and uphold com/corrections-training/articles/1711217-
3
Richard Tewksbury and Elizabeth Prisons-cracking-down-on-wrong-types-
effective practices to minimize of-cells/ (accessed September 8, 2009).
Mustaine, “Insiders’ Views of Prison
the dangers posed by inmate Amenities: Beliefs and Perceptions of 15
Thompson.
wireless phone possession. Correctional Staff Members,” Criminal 16
Thompson.
Prisoners have smuggled Justice Review 30, no. 2 (2005): 174-188. 17
Matt Clarke, “Entire Texas Prison
cell phones into institutions and 4
Johnson v. Galli, U.S. District Court System Locked Down to Search for
for the District of Nevada, 596 F. Supp. Phones,” Prison Legal News, https://www.
used them for various purposes, prisonlegalnews.org/21021_displayArticle.
135 (1984).
some illegal and even danger- 5
Pope v. Hightower, 11th Circuit Court aspx (accessed September 8, 2009).
ous. However, the authors feel of Appeals, 101 F.3d 1382 (1996). 18
William Scism and Bryan Sterling,
that authorities can implement 6
U.S. v. Paul, 6th Circuit Court of “Can Technology Address the Contraband
effective strategies that can suc- Appeals, 614 F.2d 115, 117 (1980). Prison Cell Phone Problem?” Corrections Today,
administrators should seek legal guid- October 2008, 48-49.
cessfully minimize the problem ance regarding the specific rules in their 19
Dominic Casciani, “Care to Sit on the
and help protect jail and prison jurisdictions that apply to monitoring Boss Chair?” BBC News, http://news.bbc.
personnel, other inmates, and telephones located in prisons and used by co.uk/1/hi/magazine/7152744.stm
the public. prisoners. (accessed September 8, 2009).

14 / FBI Law Enforcement Bulletin


20 26 30
Binetti. Doug Wyllie “Watch Out for Cell Wyllie.
21 31
Wyatt; and Associated Press, “Cell Phone Jammers,” PoliceOne.com, http:// Wyatt Buchanan, “Senate to Vote
Phones Becoming New Prison ‘Cash’,” www.policeone.com/police-technology/ on Outlawing Prison Cell Phones,” San
MSNBC, http://www.msnbc.msn.com/ mobile-data/tips/1803151-Watch-out-for- Francisco Chronicle, April 30, 2009.
32
id/12498707 (accessed September 8, cell-phone-jammers/ (accessed September Associated Press,“Cell Phones
2009). 8, 2009). Becoming New Prison ‘Cash.’”
22 27 33
Binetti. Scism and Sterling. Turner v. Safley, U.S. Supreme Court,
23 28
Sarah Etter, “Cell Phones Behind Matthew Lasar, “FCC Nixes DC 482 U.S. 78, 89 (1987).
34
Bars: Can You Hear Me Now?” Correc- Prison Cell Phone Jamming Demo,” Ars Amanda Wunder, “Inmate Phone
tionsOne, http://www.corrections.com/ Technica, http://arstechnica.com/tech- Use: Calling Collect from America’s Pris-
news/article/13233 (accessed September policy/news/2009/02/fcc-nixes-dc-prison- ons and Jails,” Corrections Compendium
8, 2009). cell-phone-jamming-demo.ars (accessed 20, no. 5 (May 1995): 6-21.
24 35
Scism and Sterling. September 8, 2009). Buchanan.
25 29
Scism and Sterling. Clarke.

Unusual Weapon
Cigar Cutter
Offenders may attempt to use this type of cigar cutter as an unusual weapon. They may be
able to remove the metal blade from the cutter housing, posing a serious threat to the safety
of law enforcement officers.

July 2010 / 15
Notable Speech

The Significance of
Personal Character
By Richard D. Thomas
© iStockphoto.com

I t is an honor to join with you in celebrating


such a notable career event as this graduation
from a long and demanding police academy. It is
Chief Thomas heads the
North Ridgeville, Ohio,
Police Department. He
appropriate that we take a moment to reflect on the presented this speech to
hard work and sacrifice that it takes to complete the graduating class of the
such a course of instruction. It bears mentioning Lorain County Community
College Police Academy.
here that the hard work was borne not only by the
students but by their families. Through the years,
it has become very apparent to me that a key ele-
ment for most of us in law enforcement, if we
wish to have a productive and satisfying career, is
a supportive and understanding family. I commend
you for the support you have and will continue to
provide to these graduates in those difficult times
that inevitably will lie ahead. The graduates them-
selves are justifiably proud of what they have ac-
complished, as they should be, and all should take
this time to bask in the warmth of their success.
Upon reflecting on what success really is, a
noted 19th century writer, Elbert Hubbard, once
remarked, “All success consists in this: You
are doing something for somebody—benefiting
humanity—and the feeling of success comes from

16 / FBI Law Enforcement Bulletin


the consciousness of this.” For those who seek proportion.” Could it be, I wonder, that your physi-
a life in public service, such success is a truly cal fitness instructors had this thought uppermost
rewarding experience. in their minds when they prepared for your fitness
Invariably, when I ask young police applicants training? Was this a prominent theme in the minds
why they want to become an officer, they almost of your self-defense instructors as they drilled you
uniformly relate to me their desire to help oth- again and again on the more subtle but painful
ers, to give something back to the community, points of subject control?
and to stand up for those who cannot do so for In the years ahead, you who would now raise
themselves. These are, without a doubt, laudable your hand and take the oath to serve and protect on
motivations and exactly what a chief wants to hear. behalf of the masses will be faced with challenges
However, I suspect the thought of the conscience and the spirit
of pursuit driving, playing with that will test your mettle and
neat police gadgets, and break- will either serve to harden
ing up bar fights also factors
into their quest to become a
police officer.
Notwithstanding the less
“ Character will set
you apart as a
your resolve to stay the path
of righteousness or bend you
in ways large or small that will
collectively diminish us as a
mentioned and more excit- leader, irrespective professional body and tarnish
ing aspects of this particular of any rank you may our proverbial shield. If it can
vocation, I would like to take have obtained. be assumed that we as police
a moment to speak briefly to administrators have done our
the graduates about that one jobs properly and have hired
special trait that will serve you
well throughout your career
and without which you never
” the right people—decent and
honest, brave and dedicated—
and provided them with the
will be able to lay claim to a career worth mention- necessary training and tools they need to accom-
ing in respectable company. By and large, those plish the tasks that lie before them, then what trait
who seek to enter the ranks of law enforcement of- is so crucial that it should take center stage on a
ficers are people of good virtue with pure motives day such as this?
and an abiding sense of duty and honor. They tend I submit to you that this trait is character, de-
to be caring and compassionate people, generally fined in the Oxford American Dictionary as “moral
of above-average intelligence, and willing to face strength…the qualities that make a person what
life’s challenges head-on. he or she is and different from others.” Ladies and
Today, many of you are taking the beginning gentlemen, for almost 30 years, it has been my
steps down what may be an exhilarating, often honor to work in and amongst law enforcement
satisfying, yet, at times, frustrating and frequently officers, and I can tell you without equivocation
difficult path of a law enforcement officer. The fact that they are indeed a breed apart. They do a job
that you will face many difficulties and hardships that is understood by so few and critiqued by so
should in no way dissuade you from pursuing this many. And, to do this job well, they all require an
goal, for, as the poet William Cullen Bryant so abundance of character.
eloquently stated, “Difficulty, my brethren, is the Part of what makes police work so unique,
nurse of greatness—a harsh nurse who roughly challenging, and satisfying is that to a large extent,
rocks her foster children into strength and athletic it is a solitary endeavor. Officers handle calls and

July 2010 / 17
engage the public in any number of varied solo the resolve to stand fast in the face of improper
encounters. There is no production schedule to influences that could damage you or your agency.
adhere to; there is no manual that can be written to Character is why you will be trusted with difficult
cover every situation and every contingency. It is and sensitive assignments. Character will set you
the officer’s wit, training, and desire to succeed and apart as a leader, irrespective of any rank you may
serve honorably that guide the majority of these have obtained. And, character, once lost, might
day-to-day engagements. The potential for abuse never again be regained.
always is present: the chance to gain personally As the great American author Ralph Waldo
at another’s expense, to wield power over another Emerson wrote so many years ago, “Self-trust
in an unscrupulous manner, to is the essence of heroism.” I
take advantage of the weak or would submit to you that to be
the wicked, to exact revenge, heroic, one must be able to trust
or to extort goods or services.
It is sound character that
thwarts such temptations, char-
“ Commit yourselves…
to make a positive
themselves to stand unyielding
in the face of temptation, no
matter the form it takes, and to
acter that individuals must always do the right thing.
bring on board when they
difference in You graduates are about
join the agency and hone and your agencies and to embark on a career that is
strengthen as they navigate the communities filled with so many great and
the treacherous waters of en- you will be serving. unique possibilities for you to
ticement. It is not a trait that serve your communities with
can be issued to new officers
or a technique they can learn
at some advanced school. As
” honor and distinction. Cherish
this time, make the most of the
opportunities that lie ahead
former Congresswoman Helen Douglas once said, of you. Commit yourselves, as I am sure most of
“Character isn’t inherited. One builds it daily by you already have, to make a positive difference in
the way one thinks and acts, thought by thought, your agencies and the communities you will be
action by action. If one lets fear or hate or anger serving.
take possession of the mind, they become self- I can assure you, the experience will pass all
forged chains.” Or, perhaps more succinctly, as the too quickly, and when you get to the end of this
educator and evangelist Dwight L. Moody once road, you are sure to find, as Walt Whitman wrote,
put it, “Character is what you are in the dark.” “Nothing endures but personal qualities.” Let it
Listen to me and believe me when I tell you then be said of you collectively that you were peo-
that it is during those crucial and pivotal times that ple of quality with abiding character who walked
lie ahead, when no one is looking and no one may the path less traveled and served in a manner com-
ever know what transpired, that it will be your manding the respect of the public.
irreproachable character that will allow you to To this class, I would entreat that you take to
stand tall and proud in the bright and penetrating heart the lessons of survival you were given during
light of public, judicial, and professional scrutiny. your many hours of instruction and add to those
Character will see you through hard and difficult my heartfelt desire that for all your tours of duty,
times. Character will draw others to you as they you return home safely and whole in body each
seek to follow your example and measure up to and every night. And, that your spirit remain pure
your standards. Character will allow you to admit and dedicated to the noble values that now guide
when you have made a mistake and will give you your course.

18 / FBI Law Enforcement Bulletin


Bulletin Honors

Fair Lawn, New Jersey, Police Memorial


he Fair Lawn, New Jersey,
T Police Department presents
its memorial dedicated in honor
and memory of Officer Mary Ann
Collura, an 18-year veteran who
made the ultimate sacrifice in the
line of duty on April 17, 2003. The
monument, dedicated on April
15, 2006, sits in front of the Bor-
ough of Fair Lawn’s Municipal
Building. A plaque in front of the
memorial tells her story and the
meaning of the statues. Fellow of-
ficers, friends, citizens, and family
members want the monument to
memorialize her sacrifice and her
life forever.

Officer Collura was serving as the acting sergeant


on the night of April 17, 2003, when she heard a radio
transmission that an officer from the Clifton Police
Department was attempting to stop a fleeing vehicle,
which, a short time later, crashed on the front yard of
a Fair Lawn church. As the Clifton officer pursued the
suspect on foot across the church property, Officer Col-
lura pulled up. Ultimately, the subject, who had a con-
cealed weapon, shot Officer Collura above and below
her bulletproof vest and also shot the Clifton officer,
shattering his right arm and leg. The suspect then got in
Officer Collura’s patrol vehicle and proceeded to strike
her with it as she crawled toward the other wounded
officer, thus killing her.

The FBI Law Enforcement Bulletin seeks submissions


from agencies who wish to have their memorials featured
in the magazine’s Bulletin Honors department. Needed
materials include a short description, a photograph, and
an endorsement from the agency’s ranking officer. Sub-
missions can be mailed to Editor, FBI Law Enforcement
Bulletin, FBI Academy, Quantico, VA 22135, or e-mailed to
leb@fbiacademy.edu.

July 2010 / 19
Recruiting with Emotion
and Market Positioning
By CHRIS SKINNER

© shutterstock.com

or decades, recruit- To address today’s challenges,

F ing personnel into law


enforcement seemingly
did not present much of a chal-
suitable candidates. Addition-
ally, many organizations, in-
cluding the Hillsboro, Oregon,
Police Department (HPD), must
departments must examine their
recruiting methodology.
Attracting Candidates
lenge. Departments often saw compete in a condensed mar-
an overwhelming number of ketplace with numerous other Two distinct groups com-
quality applicants compete for employers for desirable candi- pete for law enforcement
limited positions. Today, how- dates interested in starting a law positions. One consists of
ever, agencies apparently have enforcement career or changing entry-level recruits with little
difficulty recruiting a pool of from one agency to another. or no related experience. Often,

20 / FBI Law Enforcement Bulletin


they recently have graduated without their awareness or asked the students why. The
from college or ended military understanding. Accordingly, in majority of them said they were
service. In Hillsboro, these ap- a competitive marketplace, uncertain but that “it just feels
plicants undergo several months departments must establish a like the right thing to do.” I
of training, both in-house and at strategy to differentiate them- pushed the students on what
the Oregon Department of Pub- selves and appeal to their target “feels” meant, and, as I expect-
lic Safety Standards and Train- groups’ emotions. ed, they struggled to express
ing. Agencies usually do not their feelings in words. So, I
consider them ready for public Researching the Issue provided them a list of emotions
service for up to 1 year from the Understanding the two used in previous research.1
initial application phase. target groups proves crucial in Once the students could find
The other category of ap- creating market position. To terms to describe what they felt,
plicants features police officers better understand the entry-level they communicated such words
interested in a lateral move. applicants, I conducted a series as joy, happiness, thrill, kind-
They have state certification of interviews with criminal jus- ness, confidence, and accep-
and experience working at other tice students attending Portland tance. I then asked the partici-
agencies. These candidates can State University and Western pants if they thought they could
serve within months of hire. Oregon University. experience these feelings at any
Every law enforcement I asked all of the partici- of the law enforcement agencies
agency in the Portland metro- pants the same questions. One in the Portland metropolitan
politan area tries to recruit the was why they wanted to be- area. Interestingly, students
best police officers. The promi- come a police officer. Most of aligned closely with agencies
nence of labor unions and col- the individuals expressed their that would give them the best
lective bargaining agreements desire to enter a profession chance at acceptance and
has created tremendous parity designed to help people. I then happiness.
among these organizations with
respect to such benefits as sal-
ary, shift schedules, and medical
and dental coverage. Further,
most, if not all, departments fea-
ture a paramilitary structure and
function under the same general
set of rules and regulations.
“ Market position
and differentiation
will prove key to
With all things considered departments’ success
equal, why do aspiring officers as they compete with
pick one organization over other organizations
another? Why do they choose for the same quality
certain agencies versus applying applicants.
for all? Rational decision mak-
ing has become obsolete in a
market of parity. Applicants rely
more on emotion, sometimes ”
Deputy Chief Skinner serves with the Hillsboro, Oregon, Police Department.

July 2010 / 21
The second part of my re- Recruitment efforts and to achieve law enforcement
search focused on lateral police marketing campaigns through- “brand” as related to their
officers who decided to move out law enforcement often position in the marketplace, to
from one agency to another. center on rational, factual become the brand name when
When explaining their decision, information intended to lure people discuss law enforcement
they named greater opportunity potential applicants. Web sites, services in the area. More im-
as the primary reason for leav- brochures, and video images portant, each department should
ing. I asked them to elaborate, routinely show the organiza- strive to have prospective offi-
and the officers talked about the tional functions followed with cers consider it the brand name
potential for different special such information as salary and to work for.
assignments and promotions. benefits.2 These techniques aim Creating the brand name or
Then, I inquired as to how such to show aspiring officers a wide look is easy; the real challenge
opportunities would make them variety of opportunities within is creating a unique brand
feel. As with the first group, the agency while making a experience. When citizens
they struggled to express their competitive wage. interact with the police, they
feelings with words, and I pro- come away with an experience
vided them with the same list tied to emotion. Similarly, when


of emotions. Immediately, they a potential applicant has an
identified with such terms as encounter with an agency, it
contentment, confidence, inspi- With all things involves an emotional response.
ration, pride, respect, and hope. considered equal, Each relationship begins with
I then asked them if experienc- why do aspiring an initial transaction that repre-
ing specialty assignments or officers pick one sents the individual’s first direct
promotions would be the only organization personal experience with the
way to achieve these feelings. over another? brand.3 The key for each depart-
Significantly, they all stated that ment is to establish an emotion-


organizational culture would al connection with prospective
help regardless of assignment or officers; otherwise, applicants
promotion. will evaluate the agency based
Often, people do not con- Recruiting Effectively solely on the rational factual
sider emotion because it is so In a market where many law information that applies to
interwoven into their thinking. enforcement organizations offer every law enforcement organi-
This holds particularly true for largely the same opportunities zation. To sustain its brand
police officers as being emo- and benefits, agencies must experience, each department
tional is, in a sense, a sin in a recognize the need to separate first must commit to a credible
profession characterized by themselves from the others. brand promise to its community
logical thinking and decision Market position and differentia- and target group of applicants.
making. However, if an officer, tion will prove key to depart- An organization can create a
regardless of experience level, ments’ success as they compete brand promise by applying
has several choices of employ- with other organizations for the seven concepts; these should
ment that are technically the same quality applicants. be not only deeply rooted in its
same, the choice that “feels One way agencies can culture but the cornerstone of
better” rises to the top. differentiate themselves is its marketing plan.4

22 / FBI Law Enforcement Bulletin


• Problem/solution: By its concept focuses on the in- marketing strategies. Often,
very nature, police work ternal relationships formed a lack of resources leaves an
identifies problems and among the department’s organization feeling that it can
finds solutions. Similarly, employees. do little to position itself in the
a department must identify • Memory triggers: Orga- marketplace. Traditional recruit-
issues that exist among its nizations strive to achieve ment techniques have become
target group of applicants positive memory triggers somewhat ineffective in attract-
and offer clear and direct when dealing with the ing a large pool of qualified
solutions. If the issues are community. In a competitive applicants. Further, applicants
real and personal to pro- recruiting environment, often become involved in the
spective officers, an agency they must differentiate hiring process of several differ-
can make an immediate themselves from the others ent organizations.
connection. by establishing among The key is to create that
• Reassurance: In a mar- potential applicants power- emotional connection with the
ketplace where applicants ful personal reminders. applicant that tips the scale
have been mistreated by a when prospective officers make
law enforcement agency, an © shutterstock.com
that very tough decision. Just
organization with a well-es- as the private sector has estab-
tablished brand can provide lished a successful pattern of
reassurance and peace of product branding and created
mind for such individuals. strong relationships with the
consumer, public sector em-
• Prestige: Creating an or- ployers and law enforcement
ganization that people see organizations must adjust their
as elite gives prospective marketing campaigns to estab-
applicants a feeling that lish those solid relationships
they can become something with the potential applicant
special. This is referred to as group.
the “brand badge.”
• Personal qualities: Brand • Self-completion: Finally, Endnotes
badge promises must con- the branding of an organiza- 1
Robert Plutchik, “A General Psycho-
vey the organization’s tion can serve as a means evolutionary Theory of Emotion,” in Emo-
personal qualities. This of self-completion. If done tion: Theory, Research, and Experience,
constitutes a key component correctly, an agency can add Volume 1: Theories of Emotion, ed. Robert
of a marketing plan for an significant emotional value Plutchik and Henry Kellerman (New York,
agency successful in attract- NY: Academic Press, 1980), 3-33.
that would help applicants 2
G. Ellis, G. Marshall, C. Skinner,
ing employees that fit with bridge the gap between the and G. Smith, “Using Visual Technology
its organizational culture. person they feel they are and for Recruitment,” The Police Chief 72,
• Membership: Departments the one they aspire to be. no.1 (2005): 32-35.
3
William McEwen, Married to the
must create an internal sense
Brand: Why Consumers Bond with Some
of being a special organi- Conclusion Brands for Life (New York, NY: Gallup
zation. Although closely Law enforcement organi- Press, 2005).
related to prestige, this zations need to rethink their 4
Ibid.

July 2010 / 23
Bulletin Reports

OJJDP Initiatives
The Office of Juvenile Justice and Delinquency Prevention (OJJDP) has released the In
Focus series of fact sheets, which highlight major agency programs and initiatives. The series
provides information on OJJDP resources, including funding, training, technical assistance,
and research activities on topics, such as disproportionate minority contact, the Community
Prevention Grants Program, and the Enforcing Underage Drinking Laws Program. To obtain
the complete reports, access the National Criminal Justice Reference Service’s Web site at
http://www.ncjrs.gov.
Juvenile Accountability Block Grants Program (NCJ 226357) provides an overview of
OJJDP’s Juvenile Accountability Block Grants (JABG) program, which helps states and
communities develop and implement programs that hold youth accountable for delinquent
behavior through the imposition of graduated sanctions that are consistent with the severity
of the offense. JABG also supports programs that strengthen the juvenile justice system’s
capacity to process cases efficiently and work with community partners to keep youth from
reoffending. The publication includes information about authorizing legislation, eligibility,
the award process, and performance measures.
Community Prevention Grants Program (NCJ 227345) offers an overview of OJJDP’s
Community Prevention Grants program, which funds collaborative, community-based delin-
quency prevention efforts. The program integrates six fundamental principles: comprehen-
sive and multidisciplinary approaches, research- and evidence-based strategies, community
control and decision making, leveraging of existing resources and systems, evaluation to
monitor the program’s progress and effectiveness, and a long-term perspective. The docu-
ment includes information about authorizing legislation, eligibility, the award process, per-
formance measures, and training and technical assistance.
Enforcing Underage Drinking Laws Program (NCJ 227469) presents an overview of
OJJDP’s Enforcing Underage Drinking Laws program, which supports and enhances efforts
by states and local jurisdictions to reduce the availability of alcohol to minors. The program
encourages close partnerships between law enforcement agencies and community groups
involved in preventing and intervening in underage drinking. OJJDP also offers comprehen-
sive training and technical assistance to guide states and communities in their efforts. The
initiative is the only federal program devoted exclusively to preventing alcohol consumption
by minors. The publication includes information about authorizing legislation, eligibility,
the block grants and discretionary grants programs, training and technical assistance, and
performance measures.

24 / FBI Law Enforcement Bulletin


Formula Grants Program (NCJ 227470) provides an overview of OJJDP’s Formula
Grants program, which supports efforts related to delinquency prevention and reduction,
juvenile justice system improvement, research, evaluation, statistical analysis, and training
and technical assistance. The document includes information about authorizing legislation,
eligibility, the award process, program areas, and performance measures.
Disproportionate Minority Contact (NCJ 228306) offers an overview of OJJDP’s efforts
to reduce disproportionate minority contact (DMC), which refers to the disproportionate
number of minority youth groups who come into contact with the juvenile justice system.
Amendments to the Juvenile Justice and Delinquency Prevention Act in 2002 require state
participants of OJJDP’s Formula Grants program to address DMC if it exists within their
jurisdictions. The publication includes a description of OJJDP’s DMC Reduction Model,
which helps states determine whether disproportionality exists and, if it does, guides the
establishment of multipronged intervention strategies to ensure equal treatment of all youth
groups. The fact sheet also includes a summary of states’ DMC-reduction activities derived
from compliance plans submitted in fiscal year 2008.

Mental Health Initiatives


The Bureau of Justice Assistance has released Improving Responses to People with
Mental Illnesses: Tailoring Law Enforcement Initiatives to Individual Jurisdictions. This
publication explores the program-design process for a variety of Specialized Policing Re-
sponse (SPR) models, including crisis intervention teams, law enforcement-mental health
coresponse teams, and case management approaches. The document (NCJ 229713) is avail-
able at the National Criminal Justice Reference Service’s Web site, http://www.ncjrs.gov.

Bulletin Reports is an edited collection of criminal justice studies, reports, and


project findings. Mail your material for consideration to: FBI Law Enforcement
Bulletin, FBI Academy, Quantico, VA 22135, or e-mail it to leb@fbiacademy.edu.
(NOTE: The material in this section is intended to be strictly an information source
and should not be considered an endorsement by the FBI for any product or service.)

July 2010 / 25
Leadership Spotlight

Effective Leadership Through Institutional Integrity

E ffective leaders understand that un-


compromising and rigid institutional
integrity ought to be a core value of any law
Compliance, part of the Office of the Direc-
tor, which oversees the Bureau’s Integrity and
Compliance Program.
enforcement or intelligence organization. Successful law enforcement leaders may
They appreciate their responsibility to monitor want to consider constructing and placing
and train their workforce with respect to laws, into practice a compliance program within
procedures, regulations, and policies govern- their departments that can be tailored to pro-
ing their operations and daily activities. actively discover and mitigate violations of
Successful leaders create, develop, and law, operational procedures, or administrative
sustain an environment where employees regulations. Officers and other employees
are not reluctant to report any recognized or ought to recognize and understand their re-
suspected failure to strictly adhere to law or sponsibility to report incidents of misconduct,
policy by themselves misbehavior, or any
or others. Personnel systemic failure to
want to be confident follow rules. If it is to
that their leaders will succeed, an agency’s
take the necessary program will guar-
and corrective ac- antee confidentiality
tions to document and promote a spirit
and address these of appreciation for
failures. doing what is right,
In this evermore instead of instilling a
multifaceted crimi- fear of retaliation. A
nal and intelligence reputable and well-
gathering atmosphere where law enforce- established compliance program can support
ment professionals function, leaders should an organizational culture that encourages ethi-
try to develop and foster an organizational cal and principled behavior. Such an endeavor
mentality conducive to ensuring compliance is the foundation for a triumphant, respected,
with prevailing laws and policies. Leaders and professional law enforcement and intel-
will want to make certain that a formalized ligence organization.
procedure for dealing with any failure to
comply is obtainable. During the summer Special Agent Douglas B. Merel, an instructor in the
of 2007, the FBI responded to this chal- Leadership Development Institute at the FBI Academy,
prepared this Leadership Spotlight.
lenge by creating the Office of Integrity and

26 / FBI Law Enforcement Bulletin


Sexting
Risky Actions and Overreactions
By ART BOWKER, M.A., and MICHAEL SULLIVAN, J.D.

© Thinkstock.com

uvenile sexting is increas- Many disturbing examples cell phone.5 An 18-year-old

J ing in frequency.1 A recent


study found that 20 percent
of teenagers (22 percent of girls
of such behavior exist. For in-
stance, two 15 year olds, a male
and a female, were sentenced
high school graduate commit-
ted suicide after a nude photo
she had transmitted via her cell
and 18 percent of boys) sent in juvenile court for possess- phone to her boyfriend also was
naked or seminude images of ing and sending nude photos sent to hundreds of teenagers in
themselves or posted them on- on their cell phones; the girl her school. Other students, who
line.2 Another survey indicated sent a picture of herself to the apparently continued to forward
that nearly 1 of 6 teens between boy, and another image alleg- the image, allegedly harassed
the ages of 12 and 17 who own edly was taken on his camera.4 the girl.6
cell phones have received naked A 15-year-old boy received 12 Law enforcement officers
or nearly nude pictures via text months of probation for for- and prosecutors face increased
message from someone they warding a picture of his private pressure to handle these cases
know.3 parts to a 13-year-old girl’s as effectively as possible.7

July 2010 / 27
Sexting can result in tragic juvenile plaintiffs over the instance, the definition found in
circumstances, such as the images.8 Also problematic, the the federal child pornography
previously noted suicide. Ad- social implications for an inap- statute, 18 U.S.C. § 2256, refers
ditionally troubling, adults may propriate sex offender registra- to illegal images with minors as
participate in the activity. How- tion label resulting from juve- those involving sexually explic-
ever, aggressive prosecution of nile adjudication require careful it conduct.10 Does the picture
all juvenile sexting cases also consideration. The registration meet this definition or one in
can present problems. In one requirements can apply to a particular state statute? Ad-
instance, a local prosecutor was young people and, depending ditionally, investigators should
named as a federal defendant in upon the circumstances, can consider whether the commu-
a civil lawsuit after he attempt- extend well into adulthood.9 nication might be harassing or
ed to take corrective action over Investigators, with prosecutorial menacing to the party in the
images he considered question- direction, can develop appropri- image or the recipient of it.
able. Through their parents, the ate guidelines to chart a legal Second, did any illegal
involved juveniles brought the course to avoid extreme actions. use of a computer occur in the
suit to prevent their prosecution communication? For instance,
after they refused to complete Misconduct a youth involved in viewing,
the prosecutor’s suggested To determine the appropri- transmitting, or storing inappro-
diversion/education program. ate response, law enforcement priate pictures on school equip-
The U.S. District Court in officers must carefully consider ment might face legal difficulty
Pennsylvania granted a tempo- the alleged misconduct and de- for unauthorized use or dam-
rary restraining order to prevent termine if it falls into one of two ages. The cleanup and removal
the prosecutor from bringing categories. First, is the image of these images can be costly
criminal charges against the or communication illegal? For for schools.
Obviously, these categories
can overlap. However, this can
shed light on alternative charges
that may not be as apparent if
someone views the misconduct
solely as a sex offense. For
example, a 15-year-old male
posts an inappropriate image of
himself on the school computer
as a prank.11 Charging the youth
as a sex offender may be a gross
overstatement, possibly result-
ing in a sex-offender-registra-
tion issue. Perhaps, charging
him as a delinquent for damag-
Mr. Bowker is a cybercrime Assistant U.S. Attorney Sullivan
specialist with the U.S. Pretrial serves with the Office of the
ing school property due to the
Services and Probation Office, U.S. Attorney, Northern District cost of removing the offensive
Northern District of Ohio, in of Ohio, in Cleveland. image may be a more appropri-
Cleveland.
ate response.

28 / FBI Law Enforcement Bulletin


Advice for Young People
Think about the consequences of taking, sending, or forwarding a sexual picture of
yourself or someone else underage. You could get kicked off of sports teams, face
humiliation, lose educational opportunities, and even get in trouble with the law.

Never take images of yourself that you wouldn’t want everyone—your classmates,
your teachers, your family, or your employers—to see.

Before hitting send, remember that you cannot control where this image may travel.
What you send to a boyfriend or girlfriend easily could end up with their friends,
and their friends, and their friends.

If you forward a sexual picture of someone underage, you are as responsible for this
image as the original sender. You could face child pornography charges, go to jail,
and have to register as a sex offender.

Report any nude pictures you receive on your cell phone to an adult you trust. Do not de-
lete the message. Instead, get your parents or guardians, teachers, and school counselors
involved immediately.

Source: National Center for Missing and Exploited Children, Tips to Prevent Sexting; http://ncmec.vo.llnwd.
net/o15/downloads/special/Sexting_Prevention.pdf (accessed July 6, 2009).

Offenders of any other person? Did she somehow took part in the juve-
While an adult’s active forward the picture to anyone? nile sexting. His actions could
involvement in juvenile sex- What is the age difference be- include soliciting the picture or
ting always should result in the tween the victim and the recipi- actively participating in creat-
strong consideration of charges, ent of the image? Does she now ing, possessing, receiving, or
cases involving only youths face harassment because of her distributing the image. Did
may call for a different, more inappropriate behavior? Who is he request the picture, or did
fluid approach. To this end, harassing her, and are charges someone just send it to him?
investigators should analyze warranted against them? The Did he keep it or forward it on?
the subject of the images, the answers to these questions can Why? To embarrass or harass
victim. How old is the victim? help indicate if the subject of the victim? What is or was the
Did she know about the pho- the image is a true victim in relationship between the youth
tograph? Did the victim take it every sense of the word. offender and victim? How old
herself without the encourage- Although, perhaps, not in are they, and what is the age
ment or direct participation the image, the youth offender difference between them?

July 2010 / 29
It may be a mitigating fac- and the repercussions of agencies concerning child
tor where there is little or no inappropriate online behavior. pornography victims. By for-
disparity in age. However, if the Digital images do not deterio- warding information regarding
offender is significantly older rate over time and easily can known victims, prosecutors can
(e.g., a 15 year old with pictures spread worldwide. Youths need obtain convictions of other per-
of an 8 year old), authorities to understand that what they do petrators who may possess these
have serious misconduct issues online may have a very long images long after the juvenile
to address. Has the perpetrator existence. Such presentations sexting case has been initially
participated in similar miscon- can help minimize or prevent investigated.
duct in the past? Consideration future occurrences of juvenile
of these factors can help inves- sexting. They also can be used Legislative Remedies
tigators and prosecutors decide as a component in developing In 2009, state law makers,
the proper course of action, diversion programs. most notably in Ohio, Utah, and
such as no charges, diversion, or Vermont, began considering
formal charges (sex or nonsex Additional Investigative Areas legislative solutions. One early
offense). In cases where the images proposal was a blanket decrimi-
clearly involve child pornogra- nalization of juvenile sexting.
Prevention phy, law enforcement needs to Such a questionable approach
As the first line of defense contact the National Center for has the real potential of putting
against this problem, law en- Missing and Exploited Chil- youths at risk by inadvertently
forcement personnel and edu- dren (NCMEC), which operates excluding sexting offenses
cators should provide regular the Child Victim Identification committed by older juveniles
presentations—and numerous Program, the national clear- against younger ones. Recently,
excellent information sources inghouse for child pornography Vermont stepped back from
exist to draw from—to young cases and the main point of this extreme, opting to reclas-
people on Internet safety contact for international sify juvenile sexting cases from
felony to misdemeanor offenses
as long as the acts were consen-
sual. The debate, no doubt, will
continue, but legislatures must
For Additional Information be careful to not enact laws that
put youths at risk.12
U.S. Department of Justice, Project Safe Childhood,
http://www.projectsafechildhood.gov/ Conclusion
Juvenile sexting poses a
National Center for Missing and Exploited Children,
challenge for numerous groups
http://www.ncmec.org/
to act responsibly with common
sense and sound discretion. Law
High Technology Crime Investigation Association
enforcement officers and pros-
Internet Safety for Children Campaign,
ecutors must keep in mind that
http://www.htcia.org/isfc/
juvenile sex and child pornogra-
phy laws exist to protect young

30 / FBI Law Enforcement Bulletin


3
people. While the activity John Sutter, “Survey: 15 Percent of registration as including an individual
associated with juvenile sexting Teens Get Sexual Text Messages”; http:// “adjudicated delinquent as a juvenile for
www.cnn.com/2009/TECH/12/15/pew. that offense, but only if the offender is
technically may violate crimi- sexting.survey/index.html (accessed March 14 years of age or older at the time of the
nal statutes, prosecutors must 1, 2010). offense and the offense adjudicated was
use discretion, vested with their 4
Nick Zeigler, “‘Sexting’ Teens comparable to or more severe than aggra-
position, to confront the activity Sentenced in Warren County”; vated sexual abuse (as described in section
appropriately. Every act violat- http://newstalkradiowhio.com/ 2241 of title 18, United States Code) or
localnews/2009/05/sexting-teens-sen- was an attempt or conspiracy to commit
ing a statute should not neces- tenced-in-war.html (accessed March 1, such an offense.” It would seem doubtful
sarily bring charges. Legislators 2010). illegal activity involved in juvenile sexting
must avoid the urge to legislate 5
Frank Graham, “Student Gets Year would meet this requirement; see U.S.
away instances of an abuse of Probation for ‘Sexting’”; http://www. Department of Justice, Office of Justice
northplattebulletin.com/index.asp?show=n Programs, Juvenile Offenders Required
prosecutorial discretion. A well-
ews&action=readStory&storyID=16546& to Register Under SORNA: A Fact Sheet.
intentioned law designed to pageID=3 (accessed March 1, 2010). However, in the unlikely event a juvenile
undo a perceived overreaction was prosecuted federally as an adult, it
by one prosecutor may uninten- © iStockphoto.com
might trigger the federal requirement to
tionally prevent the prosecution register as a sex offender. States can be
of a youth exploiting a much more restrictive and mandate that their
statutes on child pornography, commit-
younger child. ted by juveniles, trigger state registration
Parents must remain in- requirements.
volved in their children’s lives 10
Sexually explicit conduct is “ac-
and not surrender their parental tual or simulated - (i) sexual intercourse,
oversight to a fear of technol- including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between
ogy. And, young people need persons of the same or opposite sex; (ii)
to learn to use technology bestiality; (iii) masturbation; (iv) sadistic
responsibly. Everyone has a role or masochistic abuse; or (v) lascivious
in protecting youths, and they exhibition of the genitals or pubic area of
need to fulfill that responsibility any person.” (18 U.S.C. § 2256 2 (B))
11
While members of both sexes
with common sense and sound commit or fall victim to these types of
discretion. crimes, throughout this article, the author’s
6
examples feature male perpetrators and
Mike Celizic, “Her Teen Committed
Endnotes female victims.
Suicide Over Sexting”; (accessed March 12
1
Kara Rowland, “Sexting Is Thorny
Juvenile sexting entails youths send- 1, 2010).
7
Legal Issue”; http://www.washingtontimes.
ing or posting sexually suggestive text For additional information, see Art
com/news/2009/jun/23/sexting-is-thorny-
messages and images, including nude Bowker, “The Advent of the Computer
legal-issue/ (accessed March 1, 2010).
or seminude photographs, via cellular Delinquent,” FBI Law Enforcement
telephones or over the Internet. Bulletin, December 2000, 7-11.
2 8
The National Campaign to Prevent Mary Jo Miller, et. al vs. George The opinions contained in the article
Teen and Unplanned Pregnancy and Skumanick, Jr., U.S. District Court of the are those of the authors and not
Cosmogirl.com, “Sex and Tech: Results Middle District of Pennsylvania, case no. necessarily the views of the U.S.
from a Survey of Teens and Young 3:09CV540, March 30, 2009. Attorney’s Office, the Northern District
9
Adults”; http://www.thenationalcampaign. The Adam Walsh Child Protection of Ohio, or the U.S. Department of
org/sextech/PDF/SexTech_Summary.pdf and Safety Act of 2006, 42 U.S.C. 16911, Justice.
(accessed March 1, 2010). defines convicted offenses requiring

July 2010 / 31
FBI Law Enforcement Bulletin
Author Guidelines

GENERAL INFORMATION leb.htm for the expanded author guidelines,


The FBI Law Enforcement Bulletin is an which contain additional specifications, detailed
official publication of the Federal Bureau of examples, and effective writing techniques.
Investigation and the U.S. Department of Justice.
Frequency of Publication: Monthly. PHOTOGRAPHS AND GRAPHICS
Purpose: To provide a forum for the ex- A photograph of the author(s) should
change of information on law enforcement-related accompany the manuscript. Authors can submit
topics. photos and illustrations that visually enhance and
Audience: Criminal justice professionals, support the text. The Bulletin does not accept
primarily law enforcement managers. responsibility for lost or damaged photos or
illustrations.
MANUSCRIPT SPECIFICATIONS
Length: Feature articles should contain 2,000 PUBLICATION
to 3,500 words (8 to 14 pages, double-spaced). Judging Manuscripts: The Bulletin judges
Submissions for specialized departments, such articles on relevance to the audience, factual ac-
as Police Practice and Case Study, should curacy, analysis of the information, structure and
contain 1,200 to 2,000 words (5 to 8 pages, logical flow, style and ease of reading, and length.
double-spaced). The Bulletin generally does not publish articles on
Format: Authors can e-mail articles. To send similar topics within a 12-month period or accept
by mail, authors should submit three copies of articles previously published or currently under
their articles typed and double-spaced on 8 ½- by consideration by other magazines. Because it is
11-inch white paper with all pages numbered. An a government publication, the Bulletin cannot
electronic version of the article saved on comput- accept articles that advertise a product or service.
er disk should accompany the typed manuscript. Query Letters: Authors may submit a query
Authors should supply references when letter along with a 1- to 2-page outline before
quoting a source exactly, citing or paraphrasing writing an article. Although designed to help
another person’s work or ideas, or referring to authors, this process does not guarantee
information that generally is not well known. For acceptance of any article.
proper footnote format, authors should refer to Author Notification: The Bulletin staff will
A Manual for Writers of Term Papers, Theses, review queries and articles and advise the authors
and Dissertations, 7th ed., by Kate L. Turabian. of acceptance or rejection. The magazine cannot
Writing Style and Grammar: The Bulletin guarantee a publication date for accepted articles.
prefers to publish articles in the third person Editing: The Bulletin staff edits all manu-
(Point of View and Perspective submissions are scripts for length, clarity, format, and style.
exceptions) using active voice. Authors should
follow The New York Public Library Writer’s SUBMISSION
Guide to Style and Usage and should study Authors can send their submissions to: Editor,
several issues of the magazine to ensure that their FBI Law Enforcement Bulletin, Outreach
writing style meets the Bulletin’s requirements. and Communications Unit, FBI Academy,
Authors also should contact the Bulletin staff Quantico, VA 22135; telephone: 703-632-1460;
or access http://www.fbi.gov/publications/leb/ fax: 703-632-1968; e-mail: leb@fbiacademy.edu.

32 / FBI Law Enforcement Bulletin


The Bulletin Notes

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

During a severe thunderstorm


with heavy rainfall, Patrolmen
Robert Turner and Adam Cerminaro
and Sergeant Daniel Calicari of the
Shrewsbury, New Jersey, Police
Department responded to a structure
fire with two people trapped inside.
Patrolman Turner responded first
and found a male victim calling for
Patrolman Turner Patrolman Cerminaro Sergeant Calicari
help from a second-story window.
The man advised that there was a
ladder in the garage, which the three officers used to bring him to safety. He also stated that his
son remained inside somewhere on the second floor, possibly at the rear of the house, which was
fully engulfed in flames. Patrolman Cerminaro tried to enter the back of the residence, but could
not because of the heat and smoke. He then went to the front and kicked in the door. Patrolman
Cerminaro and Sergeant Calicari searched feverishly around the first floor, but the fire forced
them out. Subsequently, fire personnel arrived and found and rescued the son

While off duty, Officer Jeff Daniels of the Ector County, Texas,
Independent School District Police Department went to a local restaurant for
dinner with his family. Upon entering, he noticed that one of the patrons was
choking and that the other diners were unable to help. Immediately, Officer
Daniels performed the Heimlich maneuver and dislodged the food stuck in
the victim’s throat. However, the patron had lost consciousness and had no
pulse or respiration. Officer Daniels, with the assistance of an emergency
medical technician also dining at the restaurant, performed CPR. The victim
began breathing indepen-
Officer Daniels
dently prior to the arrival Nominations for the Bulletin Notes should be based
of the ambulance. 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 mailed to the Editor,
FBI Law Enforcement Bulletin, FBI Academy, Outreach
and Communications Unit, Quantico, VA 22135, or
e-mailed to leb@fbiacademy.edu.
U.S. Department of Justice Periodicals
Federal Bureau of Investigation Postage and Fees Paid
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935 Pennsylvania Avenue, N.W.
Washington, DC 20535-0001

Official Business
Penalty for Private Use $300

Patch Call

Yankton, South Dakota, Police Department’s The patch of the Merriam, Kansas, Police
patch reflects the city’s history as the first capitol Department features a depiction of a train, repre-
of Dakota Territory in 1861. The riverboat, chapel, senting both the beginning and the great success of
and hospital also serve as reminders of Yankton’s the city as the town grew upon the arrival of the
past, as does Discovery Bridge, representing the railroad. To the left of the train is a picture of the
trek of Lewis and Clark up the Missouri River. Merriam Depot. The tracks still operate today.