Escolar Documentos
Profissional Documentos
Cultura Documentos
Department of Justice
Federal Bureau of Investigation
September 2010
Cover Photograph
© iStockphoto.com
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September 2010 / 1
However, incidents meeting this The authors assert that is far removed from armed con-
definition represent only one of enough contingencies have flict. The authors’ goal is to pro-
the potential active-shooter occurred to justify developing mote the development of better
threats. flexible response plans that can tactical and training options for
Although a tendency exists account for and adjust to several the civilians whose reactions
to argue that “you cannot plan broad categories of incidents. will define the incident until the
for every conceivable situa- While even a limited plan is police arrive.
tion,” the history of school better than no plan at all, nei-
invasions, in fact, has encom- ther schools nor police should THE PROTOCOLS
passed a wide range of contin- confine themselves to a “one Most active-shooter proto-
gencies. For example, a fire size fits all” planning protocol. cols contain the same advice:
alarm pulled by an accomplice To this end, the authors ad- implement lockdown proce-
emptied classrooms into the dress that time period between dures, minimize the target pro-
playground, providing a clear the first contact with an armed file, and wait for the police to
field of fire for a shooter con- intruder on school grounds and neutralize the situation. Teach-
cealed in the woods. In another the arrival of help. By examin- ers and students should hide
incident, a shooter targeted his ing this from the perspective of quietly, lock or barricade doors,
tormentors during a voluntary school personnel, they sug- and turn off lights and electrical
prayer meeting just before the gest that the police should be equipment that would attract the
start of school. Several different considered second responders. shooter’s attention. If possible,
cases have seen shooters focus Unless a situation begins with they should provide detailed
on administrators or teachers. the shooter confronting a school information via 911 contact
Still other schools have been resource officer, the first reac- to guide authorities and, then,
invaded by adults armed with a tion will come from individuals remain quiet until a recognized
variety of weapons.2 whose professional orientation voice advises that it is safe to
move.
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The rationale for the exist-
ing active-shooter protocols
is obvious. Once a school is
in lockdown, “hide and hope”
defensive actions minimize
the chances of being a target
and maximize police latitude
in clearing the building. Con-
cealment and cover reduce
potential casualties. The chaos
of moving, screaming bodies
provides a target-rich environ-
ment, as well as camouflage, for
a shooter.
Lockdown procedures
encourage the shooter to search
“
concealment from the police, room facilities do not provide
they abandon the search for the same degree of cover that
victims, increasing the overall Unless a situation a locked classroom might.
safety of the school community. begins with the School-specific protocols need
Two tacit assumptions are shooter confronting to cover these vulnerable, and
inherent in the protocols. First a school resource predictable, times.
of all, operationally, the con- officer, the first In addition, the protocols
cept of lockdown hinges upon reaction will come the authors reviewed seemed
a notification that occurs with from individuals geared to college-age students
students in standard classrooms. whose professional in campus environments or to
Second, school authorities will large high schools. But, reac-
orientation is far tions expected from a college
control the scene with police as
the sole actors in the response.
removed from armed population are quite different
Embedded in both are presump- conflict. from those from a combined
”
tions of orderly, effective com- K-3 class. Young students are
munication of the emergency easily upset, and teachers can-
and a methodical compliance not quell their crying by logi-
with the school plan upon research, the authors discovered cal reminders why they should
notification. no protocols that addressed remain quiet. In the event of an
potential problems arising from evacuation, maintaining or-
Nonstandard Circumstances overcrowded classrooms (e.g., derly flight and regrouping with
In primary and secondary those adjacent to cafeterias) younger or mixed-age school
schools, students are not al- or rooms in lockdown when populations can prove much
ways in classrooms. Recess and students arrived from more more difficult than directing
lunchtime take them out of their distant locations. Because it is older students.
classrooms and often put them statistically probable that the In high schools and col-
under the direction of adults shooter is a student, a person leges, shutting off cell phones is
who are not their regular teach- seeking entry to a classroom in desirable but probably impos-
ers. School assemblies and other lockdown could be the perpe- sible to implement. Cell phones
special events create similar trator. Procedures for handling provide a way to communicate
conditions. In high schools, the contingency situations, such information to the outside
September 2010 / 3
world, but the ring of one alerts evacuation initiated should be specific target in mind or simply
an intruder to the presence of developed at the local or district be intent on random violence.
people inside a room, elevating level. Not all of these factors will
the danger. Parents hearing of Faced with a school-in- be evident, nor will they neces-
a situation likely will call their vasion situation, school staff sarily be meaningful in terms
child, increasing the probability will have to make a quick of the reactions of staff in the
that cell phones will be ring- assessment of the threat and first moments. Undoubtedly,
ing throughout the school and take multiple steps in response. overt visual and verbal cues will
defeating the “hide and hope” They must disseminate appro- provide a rough “flash” image
approach to lockdown. priate information to the school that determines the initial staff
and to outside authorities and response. From a police tactical
Situational Considerations initiate available defensive perspective, none of these issues
Most school entrances have mechanisms. are relevant once the shooting
open space nearby, populated starts; safety precautions and
offices with transparent glass search patterns presume the
“
windows, and corridors. It is worst-case scenario. For school
entirely possible that an in- personnel, however, they may
vader’s first victims will be the Most active-shooter be critical.
administrators and staff charged protocols contain Assuming that an attack
with initiating the emergency the same advice: does not ensue immediately, a
procedures. In that case, the first implement lockdown person with only minimal
notification that an emergency procedures, minimize training and an orientation far
is underway may be the sound different from that of police
the target profile, officers will handle the first
of gunshots and screams.
If administrative person-
and wait for the contact. This individual may be
nel are killed or driven to take police to neutralize the principal, a teacher, a
cover, no one may be able to the situation. secretary or other staff member,
”
initiate a formal alert, thereby a parent or other volunteer, a
forcing teachers and other staff substitute teacher, or a student.
to make autonomous deci- The last three are most prob-
sions for the protection of their A number of dynamic ele- lematic because they are least
charges. School policy and ments exist at the point of first likely to be aware of the proto-
related police response proto- contact with a potential shooter. col and less prepared to pick
cols must be adaptable. Specific The intruder may be a mem- up on the nonverbal cues an
parameters when teachers have ber of the school population intruder might display. Their
the freedom to initiate a lock- (including an adult staff mem- initial reaction most likely will
down of a classroom, even in ber), a resident of the surround- range from initial surprise and
the absence of formal notifica- ing community, or a complete recovery to shock and outright
tion from the office (i.e., when stranger. The shooter may be panic.
shots or shouts are heard), and acting on impulse, under the The most important duty of
under what conditions lock- influence of drugs, or mentally the person making first contact
down should be abandoned and ill. The intruder may have a is to communicate the potential
September 2010 / 5
© Photos.com
any rural schools are located in Principals often have regular teaching duties
M small, isolated towns served by only
state police or sheriff’s departments. The
or cover teacher absences out of necessity
and may be away from the office at the criti-
far-flung patrol responsibilities and limited cal moment. Teachers and other staff will be
staff levels of those agencies make a 20- to forced to make autonomous decisions for
30-minute response time an optimistic best- the protection of their charges.
case scenario; in reality, it may take 45 min- The special vulnerabilities of isolated
utes to an hour before authorities arrive. rural schools with a limited physical plant
A longer wait for police response make flight a viable option under some
extends the period of vulnerability. The conditions. When authority has devolved
smaller size of rural schools compresses to the level of the individual classroom,
both distance and time, making confronta- teachers must decide whether shelter in
tions more intimate and dramatically alter- place or flight gives their charges the great-
ing the dynamics of refuge and escape. The est chance of surviving the incident. The
advantage of lockdown quickly evaporates, intruder who has just rattled the locked
tipping the advantage to classroom door may be
the armed invader. At a minute away from ap-
© Photos.com
several schools known pearing at the windows
to the authors, the entire with a clear view of the
physical plant can be interior of the classroom
explored in less than and only a glass pane
5 minutes. An armed barring access.
intruder can check the The dispersal of
doors of every office students during an es-
and classroom within 2 cape presents addition-
minutes and, if thwarted al problems. The best
by locked or barricaded chance for surviving an
doors, could easily move outside to enter active-shooter situation may be to scatter but
classrooms through a window or proceed also may increase individual vulnerability
around the perimeter, shooting into the inte-to other hazards. It can increase the difficul-
riors of classroom after classroom. ties of accounting for students, elevating
parents’ anxieties and compounding the
Special Vulnerabilities recovery stage. For example, some schools
The potential for a shooter neutralizing may have fences or be situated next to
the school’s administrative staff can prove natural barriers, such as streams or riv-
even more pronounced in rural schools. ers, that can prove dangerous to students.
September 2010 / 7
and secondary schools have an must work with school officials populated urban settings pose
inherent in loco parentis respon- to develop supplemental plans different tactical challenges
sibility for their minor charges to address gaps. than newer, more spread out
not present in postsecondary The most glaring gap in- campuses in suburban and rural
institutions. By implication, volves nonclassroom locations settings. Nearby environmental
expectations oblige school and activities. A robust active- hazards—whether outdoor
principals to develop as much shooter protocol must encom- propane tanks, busy highways,
on-scene information as pos- pass outdoor recess, lunchtime or watercourses and other natu-
sible, even at the risk of their groupings in the cafeteria, as- ral barriers—all create differ-
own safety. Whether that de- semblies, and transition times. ent dangers in the event of
volves to secretaries or others in Other points of vulnerability in- flight.
the absence of an administrator clude the unloading and loading Finally, developing a local
is less clear. of school buses. Students out- plan can run afoul of compet-
Information in the first side for recess or getting on or ing interests. One question that
few moments may be scant, arises immediately is whether
fragmentary, and sometimes to evacuate a school if the
“
ambiguous. If lockdown is fire alarm is pulled during
ordered swiftly and clearly in lockdown. Fire officials are
large schools, the associated Faced with a oriented to the perspective that
protective factors take effect school-invasion premises always should be
almost immediately. If such situation, school staff evacuated when a fire alarm is
action is not an automatic re- will have to make a activated, but lockdowns are
sponse because of uncertainty, quick assessment initiated only when danger is
the intruder gains an advantage of the threat and known to be present. Because
that expands risk to the school take multiple steps the recent history of school
population. in response. shootings includes one incident
A backup plan is needed for where the alarm was pulled by
”
a more diverse reporting re- an accomplice to generate
sponsibility if the first contact is targets,3 schools must conclude
gunshots. Teachers tend to com- that without evidence of a fire,
municate with the central office off school buses might be better lockdown overrides the fire
for clarification, a momentary served by flight and regrouping alarm. Other forms of resistance
but understandable delay; in at a secondary location than by may come from the community
the absence of a response from attempting to find or return to a or from within the school itself.
the central office, autonomous classroom. “It can’t happen here” and “You
lockdown should be the default In addition, plans must ad- cannot plan for every emergen-
protocol. dress both age differences and cy” are standard rebuffs to
the surrounding geography. The attempts to create innovative
Secondary Protocols behavior expected of students responses. It may help to re-
While lockdown provides has a powerful influence on the mind communities that all but a
a solid foundation, it is not viability of elements of stan- pair of high-profile school
sufficient in itself. Police and dard protocols. Older, compact shootings took place in “it can’t
emergency response personnel school facilities in densely happen here” locales.
September 2010 / 9
To open a discussion on and Schools, A Guide to School Vulnerability target base, than it is for individually
promote the development of Assessments: Key Principles for Safe targeted shootings.
Schools (Washington, DC, 2008); and
options for action during those Bryan Vossekuil, Marisa Reddy, Robert Dr. Michael Buerger, a former police
first few minutes when hid- Fein, Randy Borum, and William Modze- officer, is an associate professor of
ing quietly and waiting for leski, U.S. Secret Service National Threat criminal justice at Bowling Green State
help may not be viable are Assessment Center, Safe Schools Initia- University in Ohio and a member of the
paramount goals for all tive: An Interim Report on the Prevention Futures Working Group, a partnership
of Targeted Violence on Schools (Washing- between the FBI and the Society of
communities. ton, DC, 2000). Police Futurists International.
2
For additional details, see Stephen
R. Band and Joseph A. Harpold, “School Dr. Geoffrey Buerger, a school admin-
Endnotes
Violence: Lessons Learned,” FBI Law istrator for 25 years, is the principal of
1
U.S. Department of Justice, Federal Enforcement Bulletin, September 1999, Princess Alexandra School, Hay River,
Bureau of Investigation, National Center 9-16. Northwest Territories, Canada.
for the Analysis of Violent Crime, Critical 3
Logic suggests that pulling the alarm The views expressed in this article
Incident Response Group, The School is the quickest way for an intruder to reflect those of the authors and should
Shooter: A Threat Assessment Perspective neutralize lockdown, flooding the corridors not be considered as representing an
(Quantico, VA, 2000); U. S. Department of with targets. This is a greater problem in official position of the FBI.
Education, Office of Safe and Drug-Free a rampage shooting, with a generalized
The Bulletin’s
E-mail Address
© Digital Vision
he FBI Law Enforcement Bulletin
T staff invites you to communicate
with us via e-mail. Our Internet ad-
dress is leb@fbiacademy.edu.
We would like to know your
thoughts on contemporary law en-
forcement issues. We welcome your
comments, questions, and suggestions
about the magazine. Please include
your name, title, and agency on all
e-mail messages.
Also, the Bulletin is available for
viewing or downloading on a number
of computer services, as well as the
FBI’s home page. The home page
address is http://www.fbi.gov.
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September 2010 / 11
many of these principles. While procedures, such Additional research in this area also has shown
as sequential lineups and the cognitive interview that people’s memory can be affected by exposure
technique, have helped ensure the accuracy of to high levels of stress. One study reported that
the information provided by witnesses, law en- “evidence that eyewitness memory for persons
forcement officers have received little training in encountered during the events that are person-
methods to help them recall events as accurately ally relevant, highly stressful, and realistic in
as possible. Even more troubling, the procedures nature may be subject to substantial error.”4 Based
of many agencies often increase the likelihood of on relevant research, it is clear that when report-
memory errors by officers. ing use-of-force incidents, officers need to be
aware of circumstances that can lead to memory
Understand What Happens distortions.
First of all, use-of-force reports are unique Because officers are reporting an event where
because officers are describing an incident that they may have some difficulty in completely and
is usually emotionally charged and one in which accurately recalling all details of the incident, they
they actively participated. Second, the nature of should enact procedures that help facilitate accu-
a use-of-force incident can contribute to memory rate memory. By following three basic procedures,
distortions. During deadly agencies can enhance officers’
force situations, officers can memories resulting in more ac-
suffer various memory distor- curate and detailed use-of-
tions. Concepts, like tunnel
vision and auditory exclusion,
are familiar to most officers.
However, memory distortions
“ Research has
shown that humans
force reports. This not only
benefits officers by avoiding
the trouble associated with an
erroneous use-of-force report
can occur in other use-of-force have difficulty but it saves their agencies the
encounters as well. 2 accurately recalling time and money associated
A recent report by the details involving with conducting internal
British Psychological Society spatial memory. investigations.
defined a traumatic event as
”
“a situation in which the indi- Get Some Sleep
vidual experienced, witnessed, Many agencies require of-
or was confronted with actual ficers to complete all of their
or threatened death, serious paperwork prior to securing at
injury, or the threat to the physical integrity of self the end of their shift. While not always an issue,
or others.”3 The report included physical assault this policy can create significant problems in some
as one example of a typical traumatic event that circumstances. Research has found that people
could negatively impact memory, stating that “it is have a higher rate of false memories when suffer-
common that other parts will be more vague, have ing from sleep deprivation at the time of memory
some gaps, in jumbled order, and possibly contain recall.5
inaccuracies.” By this definition, many, if not While requiring sleep-deprived officers to
most, use-of-force incidents could be considered a complete and submit an alarm report or an accident
traumatic event and carry the implications of pos- report before the end of their shift may not have
sible memory distortions. any serious repercussions, having them meet the
September 2010 / 13
memory distortion due to leading questions or ran- incident—they can minimize the effects of mem-
dom searches of the witnesses’ memories. ory distortion when reporting their use-of-force
Unfortunately, many use-of-force reports vio- actions. After all, their agencies spend a great deal
late this principle by requiring officers to check of time and money on training with the goal of
a box or select from a list of options regarding producing proficient and professional personnel.
decisions made throughout an event. The forms Another goal of this training is to avoid potential
often force them to mentally jump around from lawsuits. While a great deal of this training is time
one part of the encounter to consuming and expensive, im-
another. A typical use-of-force plementing these procedures
report may ask for the suspect’s costs nothing and can help
actions first and then the of-
ficers’ responses. It may give a
list of options to choose from
and then a space to elaborate
“ To enhance
the accuracy of
use-of-force reporting,
achieve these goals.
Endnotes
1
For an overview of use-of-force
as needed. While these forms agencies should investigations, see Shannon Bohrer and
help with data collection, they Robert Chaney, “Police Investigations
follow the principles of the Use of Deadly Force Can Influ-
leave much to be desired when
it comes to getting a complete
of the cognitive ence Perceptions and Outcomes,” FBI
Law Enforcement Bulletin, January
and accurate account of a use- interview technique. 2010, 1-7.
2
of-force incident. For additional inforation, see Shan-
To enhance the accuracy of
use-of-force reporting, agen-
cies should follow the prin-
” non Bohrer, “After Firing the Shots,
What Happens?” FBI Law Enforce-
ment Bulletin, September 2005, 8-13;
and Alexis Artwohl, “Perceptual and
ciples of the cognitive interview technique. Before Memory Distortion During Officer-Involved Shootings,” FBI
starting the use-of-force report, officers should Law3 Enforcement Bulletin, October 2002, 18-24.
M.A. Conway and E.A. Holmes, “Guidelines on Memory and
write out the entire story from beginning to end,
the Law: Recommendations from the Scientific Study of Human
including all of the information surrounding the Memory,” The British Psychological Society, 2008, http://www.
event. Once they have completed the write-up, policecouncil.ca/reports/BPS%20Guidelines%20on%20Memory.
they can use it as a reference when filling out the pdf (accessed January 27, 2010).
4
use-of-force form. This will help negate the mem- C.A. Morgan III, G. Hazlett, A. Doran, S. Garrett, G. Hoyt,
P. Thomas, et al., “Accuracy of Eyewitness Memory for Persons
ory errors that can be caused by jumping around in
Encountered During Exposure to Highly Intense Stress,” Inter-
the recounting of the incident. national Journal of Law and Psychiatry 27 (2004): 265-279.
Some may consider this duplication of effort a 5
S. Diekelmann, H.P. Landolt, O. Lahl, J. Born, and U.
waste of time. Reporting a use of force is not the Wagner, “Sleep Loss Produces False Memories,” PLoS ONE 3,
time to cut corners to save a few minutes. After all, no. 10 (2008), http:// www.pubmedcentral.nih.gov/articlerender.
an extra 10 or 20 minutes of effort ensuring accu- fcgi?artid=2567433
6
(accessed January 22, 2009).
B. Tversky, Navigating by Mind and Body (Stanford Uni-
racy in reporting officers’ actions may save weeks versity: Department of Psychology, 2003), http://www-psych.
or months of stress and headaches. stanford.edu/~bt/space/papers/S_spatcognavigate03.pdf
(accessed January 27, 2010).
Conclusion
If law enforcement officers apply three Officer Coleman serves with the Virginia Beach, Virginia,
basic recommendations—get some sleep, conduct Police Department.
a walk-through, and write out the complete
vents across the nation Consequently, assigning the economic downturn has made
E continue to highlight
the need for law en-
forcement officers to develop
right priority to firearms train-
ing never is easy, and many
small and medium-sized agen-
the task harder as declining
budgets have resulted in staff-
ing shortages, overtime curtail-
and sustain the firearms skills cies face the challenge of find- ments, and difficulty in purchas-
needed to survive a lethal force ing the resources necessary to ing training ammunition.
encounter. However, officer- implement more than a minimal The Daviess County, Ken-
involved shootings remain periodic firearms requalification tucky, Sheriff’s Office continues
relatively rare in this country. program. Further, the current to experience each of those
September 2010 / 15
challenges. Yet, agency leaders limited-scale range firing every has found that certain tasks—
felt obligated to officers and cit- month and an annual 2-day for example, reloading with the
izens to address those obstacles, event. weak hand only—can be taught
rather than just defer firearms effectively without requiring
training until better times. This MONTHLY EXERCISES officers to fire.
entailed gaining buy in among Because the agency does
employees at all levels while not have its own firing range, it ANNUAL EVENTS
developing creative solutions conducts the monthly event at The agency conducts the
for the lack of resources—in the Owensboro Police Depart- yearly event about 40 miles
short, crafting an effective ment’s outdoor range over the from department headquar-
program that the agency could course of 2 days. Every officer ters at the Kentucky National
execute within the available participates for 2 hours, while Guard (KYNG) training facility
means. Leaders also decided on duty if possible. The agency in Greenville, which features
that the training requirements encourages all sworn personnel ranges and other facilities that
would apply equally to all to attend monthly but requires rank among the finest in the
sworn personnel—supervisors, them to participate at least country. While military train-
patrol officers, court security bimonthly for record qualifi- ing takes first priority, KYNG
officers, criminal investigators, cation. Scheduled exercises graciously shares its facilities
school resource officers, and sustain basic firearms skills, when available; otherwise, this
special deputies—even though periodically introduce new event would not take place. Fur-
this presented additional chal- ones, and feature a mix of both ther, one of the nation’s premier
lenges. Ultimately, the depart- dry and live fire. Although each firearms instructors, a full-time
ment implemented a program exercise includes firing at least civilian contract employee of
with two major components: a some rounds, the department KYNG, provides most of the
instruction.
In 2006, the training be-
gan with two 2-day iterations,
each involving half of the
“ …while conducting
this training takes
a lot of work on the
participants. The coordination
involved in allowing so many
officers to train for 2 full days
proved challenging and relied
upon the generous assistance
part of all concerned, of both the Owensboro Police
officer feedback has Department and the Kentucky
shown its worth. State Police. Personnel provided
overwhelmingly positive feed-
”
back about the training. Many
officers said that this was the
Sheriff Cain heads the Daviess County, Kentucky, Sheriff’s first time since graduating from
Office, is a board member of the Kentucky and National Sheriff’s the academy—in some instanc-
Associations, and chairs the Kentucky Law Enforcement Council.
es, decades before—that they
September 2010 / 17
Much of the time focuses on instructors begin introducing weapons drawn. Officers can do
dealing with doorways and min- them to the concept of moving this safely only if they have
imizing officer exposure. Next, around each other safely with developed and maintained rigid
every officer participates in one drawn weapons—a subject muzzle awareness and control,
or more instances of dry fire un- rarely covered in academy- as well as the discipline to keep
der the close supervision of an like settings where the training their fingers off the trigger until
instructor. When every officer is emphasizes a straight firing line they have their sights on the
ready, the house is reconfigured of officers facing similarly situ- target. During this exercise,
for a series of individual live- ated targets, a situation rarely officers take turns standing
fire exercises. encountered on the street. Next, forward of the firing line while
One of the shoot house’s more complex exercises in- another engages targets on each
distinctive features provides volve coordinating ammunition side of them. While this
the opportunity for officers to management while moving and sounds—and potentially is—
engage targets in any direc- engaging targets so that two of- dangerous, instructors rigidly
tion, something linear outdoor ficers do not reload at the same control it, and officers must
ranges do not normally offer. time. master it in dry fire before
Many officers find the need to progressing to live fire.
search for and encounter targets Officers with serious res-
“
in a 360-degree setting new. To ervations do not have to take
further complicate the process, part in this exercise, but it is a
the training involves targets …many small and prerequisite for anyone want-
held up by an internal balloon medium-sized ing to participate in a two-man
that shooters must break for agencies face the live-fire entry into the shoot
the targets to fall; this requires challenge of finding the house. In addition to being a
multiple accurate hits to end the resources necessary to critically important safety gate,
threat. And, to reinforce appro- implement more than this activity also proves valu-
priate decision-making skills, a minimal periodic able because, as veteran law
the sessions normally employ firearms requalification enforcement officers know, such
more no-shoot targets than program. situations are common on the
threats. street, but not often addressed in
”
At the conclusion of each training.
run, officers go through a reen- When the instructors decide
actment with the instructors and that all students have demon-
discuss how they handled each This range portion con- strated their ability to safely
situation. The training staff tries cludes with a tightly coordi- move and engage targets with
to ensure that participants feel nated “snake drill” in which fellow officers in close proxim-
comfortable speaking candidly. participants experience another ity, the training moves back to
officer firing a weapon past the shoot house. This portion
Day 2 them to engage a target in a begins with a group walk-
The second day simulates nonlinear environment. They through that includes demon-
officers’ arrival at the scene. also must move around and past strations and explanations
On a standard outdoor range, each other in close quarters with of various entry and movement
September 2010 / 19
© Daviess County Sheriff’s Office
the department has learned that train their officers on the skills confrontation, the department
this training offers benefits that required or even expose them to believes that the shoot house
extend far beyond that specific what is involved. comes closer than a traditional
scenario to other lethal-force Second, and closely related, police qualification range.
encounters. Agency leaders the emotional and physiological
realized that these basic skills changes induced by the shoot- CONCLUSION
may prove critical to survival in house scenarios come as close The Daviess County Sher-
any situation, particularly one as possible in a training envi- iff’s Office found that while
involving more than one officer ronment to exposing officers to conducting this training takes
in a weapons-drawn encounter. stresses similar to those in an a lot of work on the part of all
First, the training requires actual shooting situation. The concerned, officer feedback has
an officer to move and engage difference between even the shown its worth. Somewhat
a threat with one or more other most challenging linear range surprisingly, several senior
officers in close proximity who setup and what officers must deputies—the ones who,
also are moving and firing. deal with in the shoot house is according to tradition, may
As common—and potentially stark; while no one ever would sometimes be less enthusiastic
tragic—as this situation is, argue that any training situation about new training concepts—
few departments can properly can duplicate a real life-or-death have been among its biggest
Unusual Weapon
Walker Sword
Offenders may attempt to use this metal device that appears to be
an ordinary walking cane. The expandable shaft can be removed from
the handle portion to expose a knife blade, posing a
serious threat to the safety
of law enforcement officers.
The blade also could be fitted
into a walker or crutch.
September 2010 / 21
Bulletin Reports
© Photos.com
September 2010 / 23
Leadership Spotlight
Walk with Me
The test of leadership is not to put greatness into humanity but to elicit it, for the greatness is already there.
—James Buchanan
You Have
to Speak
Up to
Remain
Silent
The Supreme
Court Revisits
the Miranda
Right to
Silence
By JONATHAN L. RUDD, J.D.
September 2010 / 25
demonstrates the use of pro- the rule seems straightforward Ohio for a shooting that oc-
cedural safeguards effective enough, a number of issues curred approximately 1 year
to secure the privilege against arise in cases regarding the earlier in Southfield, Michigan.
self-incrimination.”5 The proce- application of Miranda that While in custody, Thompkins
dural safeguards mandated by typically hinge on the meaning was questioned by two detec-
the Court are a specific set of of [the] terms: custody, inter- tives in a police interview room.
warnings that must be given to rogation, warning, [invocation] At the beginning of the interro-
individuals who are in custody and waiver.”8 Berghuis is one of gation, the detectives presented
and subject to interrogation.6 As these cases. Thompkins with a general set of
one modern textbook explains, As we will see, the issue Miranda warnings.9
“The formula should be as easy in Berghuis is not whether To make sure Thompkins
as 1 + 1 = 2; that is, ‘custody’ the subject was in custody or could understand English, one
+ ‘interrogation’ = the require- whether appropriate warnings of the detectives asked Thomp-
ment that Miranda warnings be were given. “The dispute cen- kins to read a portion of the
given.”7 ters on the response—or nonre- warnings out loud, which he
Once the warnings have sponse—from the suspect” once did. Thereafter, the detective
been given, subjects must waive the warnings were given. More read the rest of the warnings to
their rights before making any specifically, in Berghuis, the Thompkins and asked him to
statements that can be used Court refines the meaning and sign the form, indicating that he
against them at trial, or, in the scope of an invocation understood his rights. Thomp-
alternative, subjects may invoke and waiver of the Miranda kins refused to sign the form,
the right to silence, the Miranda right to silence. and the officers began interro-
right to counsel, or both. Once gating Thompkins. “At no point
either or both of these rights Berghuis v. Thompkins during the interrogation did
are invoked, all questioning of In Berghuis, Van Chester Thompkins say that he wanted
subjects must cease. “Although Thompkins was arrested in to remain silent, that he did not
want to talk with the police, or
that he wanted an attorney.”10
With the exception of some
“
minor verbal responses and
limited eye contact, Thompkins
The procedural remained silent for most of
safeguards mandated the 3-hour interview. Approxi-
by the Court are a mately 2 hours and 45 minutes
specific set of warnings into the interrogation, one of the
that must be given to detectives asked Thompkins if
individuals who are he believed in God. Thompkins
in custody and subject said that he did. The detective
to interrogation. then followed up by asking
Thompkins if he prayed to God.
September 2010 / 27
was interrogated for 90 minutes silence be clear and unambigu- right to silence. Two portions of
before saying, “Maybe I should ous. Namely, “an unambiguous the original Miranda decision
talk to a lawyer.” The Court invocation of Miranda rights seem to tilt the scale in Thomp-
held that if a subject is unclear, results in an objective inquiry kins’ favor on this issue. First,
ambiguous, or equivocal in that ‘avoid[s] difficulties of the Miranda Court said, “a valid
requesting a lawyer, officers can proof and…provide[s] guidance waiver will not be presumed
ignore the reference and pro- to officers’ on how to proceed in simply from the silence of the
ceed with the interrogation.16 the face of ambiguity.”17 Ac- accused after warnings are giv-
In Berghuis, the Court cordingly, Berghuis does for the en or simply from the fact that
acknowledged that “there is no invocation of the right to silence a confession was in fact eventu-
principled reason to adopt dif- what Davis did for the invoca- ally obtained.”18 Additionally,
ferent standards for determining tion of the right to counsel—it “a heavy burden rests on the
when an accused has invoked mandates that an invocation of government to demonstrate that
the Miranda right to remain either Miranda right must be the defendant knowingly and in-
silent and the Miranda right clear and unambiguous to be telligently waived his privilege
to counsel at issue in Davis. effective. against self-incrimination....”19
[...] Both protect the privilege However, the Supreme
against compulsory self-incrim- Right to Remain Silent— Court has clarified its posi-
ination […] by requiring an in- Waiver tion with respect to the waiver
terrogation to cease when either Thompkins next argued that since the Miranda decision.
right is invoked.” Moreover, the absent an invocation of his right The impact has been to keep
Court explained that there are to silence, his statements still Miranda focused on the right
practical reasons for requiring should be suppressed because to refrain from speaking and
that an invocation of the right to he never adequately waived his to consult with an attorney. As
the Court in Berghuis noted,
“The main purpose of Miranda
is to ensure that an accused is
advised of and understands the
right to remain silent and the
right to counsel….20 Thus, ‘if
anything, our subsequent cases
have reduced the impact of the
Miranda rule on legitimate law
enforcement while reaffirming
the decision’s core ruling that
unwarned statements may not
be used as evidence in the pros-
ecution’s case in chief.’”21
Two cases clarify the Su-
preme Court’s position with
respect to waiver—Colorado v.
© Stockdisc Connelly22 and North Carolina
“
of the Miranda opinion,’ which and then continues, the suspect
‘suggested that the Court would has the opportunity to consider
require that a waiver…be …if a subject is the choices he or she faces and
‘specifically made.’” In Butler, unclear, ambiguous, to make a more informed deci-
the defendant was arrested for or equivocal in sion, either to insist on silence
armed robbery, kidnapping, and or to cooperate.”28
requesting a lawyer,
assault. FBI agents then provid- In the end, the Court ex-
ed him with Miranda warnings. officers can ignore plained that “the primary
Once the agents were satisfied the reference and protection afforded suspects
that the subject understood proceed with the subject to custodial interroga-
his rights, he was told that he interrogation. tion is the Miranda warnings
did not need to speak with the themselves.”29 “The Miranda
”
agents nor did he need to sign rule and its requirements are
the Miranda form. The defen- met if a suspect receives ad-
dant declared, “I will talk to you equate Miranda warnings,
but I am not signing any form.” Initiation of Interrogations understands them, and has an
He then made several incrimi- Without a Waiver opportunity to invoke the rights
nating statements. The Court, Finally, Thompkins argued before giving any answers or
in Butler, allowed for the use of that even if his answer to police admissions.”30 Accordingly,
these statements against the de- questioning constituted a waiver “after giving a Miranda warn-
fendant at trial. In Berghuis, the of his right to remain silent, ing, police may interrogate a
Court stated, “Butler made clear “the police were not allowed to suspect who has neither invoked
that a waiver of Miranda rights question him until they obtained nor waived his or her Miranda
may be implied through ‘the de- a waiver first.” The majority rights.”31
fendant’s silence, coupled with disagreed and noted a direct “In sum, a suspect who has
an understanding of his rights conflict between Thompkins’ received and understood the
and a course of conduct indicat- argument and the Court’s earlier Miranda warnings, and has not
ing waiver.’”25 ruling in Butler, which allows invoked his Miranda rights,
In Berghuis, the Court held, courts to infer a waiver from a waives the right to remain silent
“Where the prosecution shows subject’s actions: “This prin- by making an uncoerced state-
that a Miranda warning was ciple would be inconsistent with ment to the police. Thompkins
September 2010 / 29
did not invoke his right to to speak up if they truly want to 1) You have the right to remain silent.
remain silent and stop the remain silent. 2) Anything you say can and will be
used against you in a court of law.
questioning. Understanding his 3) You have a right to talk to a lawyer
rights in full, he waived his Endnotes before answering any questions and
right to remain silent by making 1
Miranda v. Arizona, 384 U.S. 436 you have the right to have a lawyer
a voluntary statement to the (1966). present with you while you are
police. The police, moreover, 2
Id., at 442, 443. answering any questions.
3
Dickerson v. United States, 530 U.S. 4) If you cannot afford to hire a lawyer,
were not required to obtain a one will be appointed to represent
428, 120 S. Ct. 2326 (2000) at 2336.
waiver of Thompkins’ right to 4
Berghuis v. Thompkins, 560 U.S. ____ you before any questioning, if you
remain silent before interrogat- (2010). wish one.
ing him.” 5
Id., at 445. 5) You have the right to decide at any
time before or during questioning
Conclusion to use your right to remain silent
“
and your right to talk with a lawyer
Berghuis is the latest in a
while you are being questioned.”
line of Supreme Court cases 10
Id.
that attempt to clarify the pa- 11
Id.
rameters and provide practical …police officers are 12
Thompkins also filed a motion for a
guidance to law enforcement not required to new trial claiming ineffective assistance of
officers and the courts regard- obtain a waiver of counsel. This motion was likewise denied
a defendant’s right and followed the appeal regarding alleged
ing the procedural safeguards Miranda violations to the Supreme Court.
first promulgated in Miranda. to remain silent 13
The Sixth Circuit also ruled in favor
In summary, the Berghuis Court before beginning of Thompkins on the ineffective-assis-
held that 1) a custodial subject’s an interrogation. tance-of-counsel claims.
14
Miranda, at 446. In Michigan v.
invocation of the Miranda right
”
Mosley, 423 U.S. 96 (1975), the Court
to silence must be unambigu- explained that when a subject invokes his
ous. Mere silence, even for an right to silence, all questioning must cease.
extended period of time, does However, the Court further held that the in-
not constitute an invocation of 6
In Miranda, the Court held that a vocation of the right to remain silent does
suspect in custody “must be warned prior not mean that police never may resume
the right to silence. 2) A custo- questioning. Indeed, in Mosley, the Court
to any questioning that he has the right to
dial subject’s waiver of the right remain silent, that anything he says can be held that the police had scrupulously hon-
to silence may be implied— used against him in a court of law, that he ored the suspect’s Fifth Amendment rights
once a subject has been suf- has the right to the presence of an attorney, when a different officer questioned the sub-
ficiently “Mirandized,” merely and that if he cannot afford an attorney ject in a different location about a different
one will be appointed for him prior to any crime after 2 hours had elapsed since the
responding to an interrogator’s subject invoked his right to silence. (Note,
questioning if he so desires.” at 479.
questions could be considered a 7
Larry Holtz, CONTEMPORARY CRIMINAL this differs from an invocation of the right
waiver of the right to silence.32 PROCEDURE, LexisNexis, Tenth Edition, to counsel, wherein officers would not be
And, 3) police officers are not 2008, 702. allowed to reinitiate contact after merely
required to obtain a waiver of 8
John N. Ferdico, Henry F. Fradella, the passage of time. See Edwards v.
Christopher D. Totten, CRIMINAL PROCE- Arizona, 451 U.S. 477 (1981) and
a defendant’s right to remain
DURE FOR THE CRIMINAL JUSTICE PROFES- Maryland v. Shatzer, 559 U.S. ___ (2010).)
silent before beginning an inter- SIONAL, Tenth Edition, 2009, 688.
15
Justice Kennedy delivered the 5-4
rogation. Under this new ruling, 9
Id. “Notification of Constitutional opinion of the Court, in which Chief Jus-
it is clear that subjects will have Rights and Statement tice Roberts and Justices Scalia, Thomas,
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FBI Law Enforcement Bulletin
September 2010 / 31
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The patch of the Ridgetop, Tennessee, Police Jefferson County, Washington, is located in the
Department features a train emerging from a northwest corner of the state, as well as the conti-
railroad tunnel, constructed in 1905 and one of the nental U.S. The patch of its police department
longest self-supporting tunnels in the world. features the Olympic Mountain Range, along
When completed, it opened a direct line between with 7,800-foot Mt. Olympus, a majestic old tree,
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