Escolar Documentos
Profissional Documentos
Cultura Documentos
n the war against drugs, and transporters, mostly Co- agencies to combat the wave
“
the DTOs built self-propelled
semisubmersible (SPSS) vessels
Federal, state, and and sent between 3 and 8 tons
local law enforcement of cocaine on each trip. These
agencies face as tough an vessels generally were 50-feet
enemy as any in the battle long with only 1 foot of a small
against international port area above water. Panama
drug smugglers. Express made its first seizure of
an SPSS in 2005.
Special Agent Thomas serves in the FBI’s Tampa, Florida, office. ” Panama Express
Operation Panama Express
started in 1995 with an FBI/
DEA investigation of three
suspicious bank accounts in Panama Express personnel to Mexico. ICE, Coast Guard,
Naples, Florida. These accounts used it as the genesis of a broad and DOD agents and analysts
and many more in Panama attack against the Colombian joined Panama Express to work
belonged to Colombian cocaine cocaine maritime transporta- the cases jointly. In February
transportation boss Jose Castril- tion industry. Beginning in late 2000, the Colombian fishing
lon Henao. That investigation 1999, convicted defendants vessel Rebelde was the first
led to the indictment in Tampa, were given the opportunity seizure, with a cargo of 4.5 tons
Florida, of Castrillon and more and the resources to develop of cocaine worth $67,500,000
than 2 dozen cocaine trans- evidence for historical cases ($15,000 per kilo).
porters working in the eastern and recruit sources for cur- Starting in 2000, Panama
Pacific Ocean. rent, actionable intelligence on Express, along with the DOD
Instead of viewing the cocaine transportation opera- Joint Interagency Task Force
indictment as a goal or fruition, tions launching from Colombia South (JITFS), has had great
February 2011 / 3
success, as illustrated by the imprisonment and ordered to successes. For example,
chart, which also reflects the forfeit $110,000,000 in illicit assign one agent from each
changing face of international proceeds. Panama Express and organization to each case to
drug smuggling in the east- DOJ forwarded the U.S. for- work jointly toward fruition.
ern Pacific: the interdiction of feiture judgment to Colombia, • Identify and target support
Colombian fishing vessels led which facilitated the seizure of elements for narco-traffick-
to the DTOs using go-fast ves- tens of millions of dollars worth ing organizations. Instead of
sels, and then, as U.S. successes of Valencia-Trujillo’s assets. focusing on an entire DTO,
mounted against this method, requiring years of investiga-
the smugglers built the SPSS Suggested Approaches
tion, task forces can have
vessels to avoid detection. Over Some of the procedures great success by targeting
time, U.S. maritime enforce- and methods used by Panama transportation. For instance,
ment has adapted and increased Express can be considered for Mexican border smuggling
its interdictions of SPSS ves- use by other strike forces, task could be exploited with a
sels, which travel 80 to 90 per- focus on the trucking
cent below the sea surface and
“
industry.
have become the transportation
mode of choice for drug lords.2 • Develop human sources
For continued success, agencies within the selected support
Everyone... element at all levels, includ-
must remain vigilant for new wants to see
and novel smuggling methods. ing those at the lowest tier
success in who have access to potential
Panama Express also uses a this difficult intelligence—even small
secondary tool: strategic indict- battle. pieces of the overall puzzle.
ments and arrests of high-level Sufficiently pay the human
bosses, supervisors, or coor-
”
sources to offset the extreme
dinators of the seized loads risks they take to assist law
represented in the chart. As of enforcement. Search for
January 2010, over 100 DTO funding from nontraditional
managers have been indicted; forces, and drug-interdiction
teams in their endeavors against sources (e.g., Congress,
arrested, primarily in Colombia; U.S. executive agencies,
and extradited to the United international drug smuggling.
In maintaining the high level of military entities).
States to face stiff sentences.
Some of the highest-level cartel seizures and indictments over • Maintain a long-term strat-
bosses, including Joaquin Mario the past 10 years, FBI, DEA, egy and always prioritize
Valencia-Trujillo, are serving ICE, Coast Guard, and JIATF protection of human sources
lengthy U.S. prison sentences personnel have learned many and confidential procedures
for their roles in sending hun- hard lessons. Some practices over a short-term gain/
dreds of loads of cocaine from have proven significant in the seizure.
Colombia to Mexico for trans- accomplishments by Panama • Seek out assistant U.S.
shipment to the United States. Express. attorneys and prosecutors
Valencia-Trujillo, a former • Eliminate agency turf who agree with the big pic-
principal of the famed Cali Car- battles by sharing all ture of long-term strategies
tel, was sentenced to 40 years’ responsibilities and and provide reasonable
Conclusion
Panama Express personnel consider their
endeavor a war. Federal, state, and local law
enforcement agencies face as tough an enemy
as any in the battle against international drug
smugglers. These criminals are well-financed,
corrupt, and deadly.
In The Art of War, Sun Tzu explains that
waging a successful war requires planning;
employing an adaptive strategy; identifying FV Rebelde
the enemy’s weak points; and using spies, or February 16, 2000
informants. Antidrug task forces must do the Eastern Pacific
same and, if they consider it appropriate, use Almost 5 tons
the listed suggested practices. The most ef-
fective strikes against drug smugglers will re-
quire exceptional cooperation among officers,
agents, managers, and prosecutors.
Endnotes
1
Sidney Jay Zabludoff, “Colombian Narcotics Organiza-
tions as Business Enterprises,” Transnational Organized
Crime 3 (Summer 1997): 23.
2
“Semi-Subs, Used to Carry Drugs, May Be Outlawed,”
Tampa Tribune, June 27, 2008, p. 3.
February 2011 / 5
Perspective
© Thinkstock.com
”
must establish consistency, chart early in the process.
responsibility, and standard- The chart will become the
ization through well-written basis upon which responsi-
policies and procedures as bility for work completion
this information will guide behavior and avoid is determined. Therefore, it must be available,
agency sanctions. They must ensure they do not updated, and accurate.
place the first responder in harms way, open the Information acquired as a basis for construct-
organization to liability, overdirect simple tasks, or ing policy and procedure can come from various
saturate agency members with verbiage that does places. Old manuals, directives, special orders,
not facilitate further understanding of the subject pamphlets, memorandums, and training materi-
matter. als can facilitate a general understanding of how
A directive should be specific enough to impart the agency has responded in the past to specific
agency procedure and capture the essence of cur- situations and mandates. Although the collection
rent law yet remain flexible enough to allow for of static documentation can help policy writers,
appropriate decision making. Therefore, policy written documents do not replace one-on-one
February 2011 / 7
meetings with key personnel. Such meetings also One of the most frequent complaints about
can establish relationships not widely known or agency policy and procedure manuals involves
understood (e.g., as in the case of state regulatory the lack of subject-matter groupings that ul-
agencies that mandate officer training or federal timately leads to frustration when attempting
law that regulates the dissemination of law en- to find a particular passage or procedure. As a
forcement records). Information obtained from result, policy writers should consider grouping
documents or meetings should become part of the like subject matter and presenting the finished
written directive. product as coherent and user-friendly.
Additionally, the influence of standard operat- Some agencies experience a lack of ac-
ing procedures should be limited to standardizing countability for forms, including some rogue
work in an individual component; they usually or unauthorized ones created by well-meaning
should not be relied upon to construct written individuals or components without benefit of
directives. Policy writers organizational review.
should spend minimal time The resulting overload
reviewing them. Although of forms and lack of
their value in assisting with control over the num-
the acclimation of new em- bers and types of forms
ployees should not be under- used makes it nearly im-
estimated, the information is possible to keep written
not interchangeable. directives current. As
a result, leaders should
Manual Organization create a system for ap-
As a starting point, lead- proving, numbering, and
ers should hold a meeting disposing of unauthor-
with command personnel ized forms.
who have the authority to
require cooperation from Available Resources
agency components. This © Thinkstock.com Deciding what di-
group should establish ongo- rectives policy writers
ing expectations, including dates and times for should write, update, or delete can become a
further meetings, timelines for completion, and time-consuming task. Leaders should network
discussions about the visual aspect of the written with agencies of a similar size to review their
directive (e.g., one column versus two columns, directives. Often, policies and procedures
double spacing, headers and footers). prove similar between agencies and may only
Moreover, a policy writer should request a list require incidental attention, especially when
of key agency personnel who can provide specific the policy is consistent with the Commission
information, easily accomplished if the writer al- on Accreditation for Law Enforcement Agen-
ready is employed by the agency. However, if the cies (CALEA).
writer was recently hired, leaders should appoint In addition, state law enforcement regula-
a sworn liaison officer to assist with information tory agencies and training commissions usually
acquisitions. maintain resources to assist in policy making
February 2011 / 9
an accessible computer file or e-mail notification accurate information sufficient to take any situation
system or issuing a CD. For vehicles with mobile to fruition without leaving the agency open to
data computers, software programs exist that will civil liability or the individual vulnerable to agency
monitor changes to directives and the associated sanctions.
accountability process. Writing policy and procedures requires a com-
mitment to a specific format that will permit a user-
Conclusion friendly approach to finding information, assessing
Writing procedures and policy for campus resources, reviewing, and revising. To that end, the
law enforcement works best when preceded by chief executive’s authorization of the completed
proper preparation. Before policy writers begin, manual and the availability of the manual to all agen-
they must have a clear understanding of how the cy personnel will provide the basis for success.
organization functions and how crime operations
and administrative support operations mesh to Endnotes
accomplish the work of the agency. Procedures 1
Michael Carpenter, “Put It in Writing: The Policy Manual,”
and policies must be clear and simple and contain FBI Law Enforcement Bulletin, October 2000, 1-5.
The Bulletin’s
E-mail Address
© Digital Vision
he FBI Law Enforcement Bul-
T letin staff invites you to commu-
nicate with us via e-mail. Our e-mail
address 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.
February 2011 / 11
Systematic Pattern
Response Strategy
Protecting the Beehive
By ROBERTO SANTOS, M.S.
February 2011 / 13
traditional hierarchical structure offender, location, or property most concerned about their
of the organization ensures that that typically occur over days, immediate resolution (e.g., a
the implementation of crime- weeks, or months and focus on serial robber or burglar oper-
reduction strategies takes place.7 offenses wherein victims and ating in the past 2 weeks in a
Separating and distinguishing perpetrators do not know one specific area). Because patterns
the types of problems allows another, such as stranger rape, occur in the short-term, effec-
a variety of personnel within robbery, burglary, and grand tive responses also must happen
the agency to provide different theft.8 Patterns represent the quickly and with purpose. In
analyses, responses, and ac- core component of the Strati- addition, if stopping patterns
countability. To help illustrate fied Model and crime-reduction from continuing is important, an
this model, the author highlights efforts because they are realis- appropriate amount of resources
one aspect, patterns. tic and manageable for police must be allocated.
response; research has shown
ADDRESSING PATTERNS that addressing hot-spot pat- The Beehive Effect
Patterns consist of two terns, in particular, can prove The author offers his strat-
or more similar crimes related successful;9 and the police, the egy, the Beehive Effect, as a
by modus operandi, victim, community, and the media are way that police organizations
could react to crime patterns.
Figure 1 When threatened, bees respond
by exiting the hive with enough
Stratified Model of Problem Solving, resources (bees) to expel the
Analysis, and Accountability threat and protect the colony.
Not sparing any chance of
Chief failure, they do not send one
Systematic or two bees to investigate the
Accountability threat nor react days after it
occurs. Instead, they respond
immediately with a significant
Rank
amount of force. The resources
Systematic
necessary to protect the hive
Problem Solving are enormous, immediate, and
aggressive. The bees respond
Officer with purpose, teamwork, and
one goal in mind: to swarm and
Incident Pattern Problem eradicate the threat. Finally,
Level of Problem Complexity because every time the response
is the same (immediate and
severe), everyone knows not to
Source: Adapted from R. Boba, R. Santos, and L. Wyckoff,
“Implementing and Institutionalizing Compstat in Maryland: Training
threaten a beehive. The author
Modules,” http://www.compstat.umd.edu (accessed April 30, 2010). believes that police organiza-
tions also should take this
approach.
“
tion would respond coopera-
ized by a high frequency
tively to patterns based on their
of criminal activity to the
capabilities so that a collective
Importantly, extent that it appears almost
and comprehensive response
patterns are not continuous and seems to
occurs. The response would be
involve the same offender,
automatic and institutionalized counts of crime or usually over a short time
throughout the organization. To identified via statistics span with no “cooling off”
further break down the Beehive or percent change, period (e.g., seven cars
Effect and the approach to but by a crime analyst burglarized along the same
pattern responses, four impor- through a qualitative street in one night)
tant aspects require specific methodology.
attention. • Hot spot: A specific loca-
”
1. Systematic and appropriate tion or small area where an
identification of patterns unusual amount of criminal
activity occurs committed
2. Coordination of appropriate by one or more offenders
and effective responses continual basis. These crime (e.g., residential burglaries
analysts are trained in pattern in a 3-block area in a week)
3. Accountability for ensuring
identification methodology and
responses occur consistently • Hot product: A specific type
have specific knowledge of the
for every pattern of property targeted in the
databases available in a police
4. Evaluation of successful department. To this end, agen- same or different types of
elimination of crimes and cies must invest in the analysis crime (e.g., flat-screen TVs
future patterns capacity to consistently and ef- taken in commercial and
fectively respond to patterns. residential burglaries)
Identification and Bulletins A pattern is not a cluster • Hot target: A type of place
Importantly, patterns are not of residential burglaries in a frequently victimized but
counts of crime or identified particular area, but a group of not necessarily in the same
via statistics or percent change residential burglaries occurring area (e.g., day-care centers
February 2011 / 15
where purses are being police organization as soon as Part of the development of a
taken from vehicles while it is completed, rather than on a systematic pattern response sys-
mothers drop off their set publication schedule, so that tem includes identifying the ap-
children) immediate response can begin. propriate and effective potential
responses for short-term crime
Once an agency identifies Systematic Response
patterns. Through research and
a pattern, it can summarize Once an agency has identi- practice, police have identified
and format the information fied a pattern threat, it should many effective tactics for short-
into a succinct, relevant pat- immediately and appropriately term issues. These responses
tern bulletin used to direct respond. The patrol division can be implemented whenever
responses. Although the should take the lead because it and wherever the pattern occurs
substantive information within is operational 24 hours a day, 7 or during normal waking/busi-
the bulletin changes based on days a week. Other divisions, ness hours.12 They can be bro-
the type of pattern and crime, such as criminal and special in-
ken down into a list or “recipe”
the format and basic com- vestigations, crime prevention,
of responses and allocated to
ponents remain consistent. and public information can sup-
the appropriate division within
Each bulletin is actionable, port patrol’s response in ways
the police agency, such as—
wherein it provides informa- appropriate to their functions.
tion that compels response and By sharing the workload, each • employing, in the areas and
guides resources toward the division contributes a realistic times where a pattern oc-
appropriate times, days, areas, amount of resources that to- curs, directed patrol (in cars,
and offenders. The bulletin is gether can result in a significant on bikes, or on foot) that
disseminated throughout the level of response. can make field contacts to
deter offenders and pro-
vide potential investigative
leads;13
• using surveillance in a par-
ticular area at a specific time
to make an arrest;14
• conducting “sting” or “bait”
operations where people or
property have been targeted
in a particular pattern;15
• clearing cases by using an
arrest in one case to clear
others in the pattern;
• contacting potential victims
directly about the crime
pattern and ways to protect
themselves (according to
research, crime prevention
© Thinkstock.com
“
division, with patrol taking the process in 1999, but, more re-
lead and overseeing the coor- cently, has adapted it to facili-
dination of them. Creating the tate crime reduction as outlined
resources (e.g., purchasing bait By sharing the in the Stratified Model. Al-
vehicles, creating crime preven- workload, each though district patrol command-
tion flyers, staffing specialized division contributes ers are ultimately responsible
units) and developing policy on a realistic amount for the overall crime-reduction
the requirements (immediate and of resources that efforts, shift lieutenants (corre-
coordinated) ensure the depart- together can result in sponding with when the pattern
ment addresses patterns immedi- a significant level of occurs) take the lead in patrol
ately, as well as consistently. response. and are assigned the responsi-
Not all responses, however, bility of making sure that pat-
are required or appropriate for tern responses are overseen by
”
each pattern because the type of sergeants and implemented by
pattern and the seriousness and patrol officers and that support
number of crimes in the pattern divisions and units are deployed
varies. For example, a series of Criminal Investigations appropriately.
street robberies in a residential Bureau Documentation is an im-
neighborhood requires much • Crimes in each pattern portant aspect of accountability
more resources and response area assigned to one that not only provides a record
than a spree of car burglaries detective of the work being done but also
occurring in a night at an apart- • Known offenders in pat- recognizes efforts and reinforc-
ment complex. The PSLPD fol- tern area contacted es the system. The PSLPD has
lows standard procedures when taken advantage of its intranet
assigning the responses to its • Bait car deployment in the system to facilitate documenta-
divisions based on their orga- pattern area tion of pattern responses. When
nizational charts and resource • Unmarked patrol/surveil- the crime analysts identify
levels: lance in the pattern area a pattern, they immediately
February 2011 / 17
implementing part of the pattern
response record the relevant
information on the thread for
everyone to see. This informa-
tion also is archived, and the
responsible sergeant or lieuten-
ant creates a summary of the
pattern from the thread informa-
tion once it has been resolved.
The patrol captain responsible
for the area in which the pattern
occurred receives this informa-
tion so it can be discussed in the
monthly meeting.
Response Evaluation
As part of the accountabil-
ity structure, weekly “action
oriented” meetings are held to
systematically coordinate and
review progress of pattern-
response strategies among the
police divisions, and monthly
meetings are used to evalu-
ate their effectiveness. The
PSLPD’s weekly meetings
bring together patrol, investi-
gations, and crime prevention
Figure 2 captains and lieutenants to
review the responses in prog-
post the pattern bulletin on the responses are taking place. The ress, evaluate those coming to a
agency’s intranet system for threads enable commentary to close, discuss needed resources,
sworn personnel to review. A occur in “real time,” allowing and coordinate new responses
pattern discussion board pro- information once passed hap- that must be implemented. The
vides officers the capability to hazardly by word of mouth to monthly meetings make sure
post discussion threads of infor- be reviewed by all personnel. that responses are implemented
mation about their responses, as This helps inform all police consistently across regional ar-
well as their knowledge of the personnel about the progress of eas, that adequate resources are
pattern area, known offenders, pattern responses. provided, and that the responses
and field interviews conducted. Officers, detectives, special- are effective. In each monthly
It also allows supervisors to ized units, crime prevention meeting, the patrol captains
monitor whether appropriate personnel, and anyone else present the responses and their
“
indicate that the responses may and June 2009 through May
not be deployed effectively or 2010 shows, for the first time
quickly enough or that a dif- Documentation is in 5 years, a declining trend in
ferent or immediate approach an important aspect these crimes, with a decrease
may be necessary. Importantly, of accountability of 22 percent. Also, interviews
the accountability processes that not only provides and discussions with personnel
facilitated through the intranet a record of the in the department revealed that,
system, as well as in the weekly work being done overall, officers and supervisors
and monthly meetings, remain feel their strategies have be-
ongoing and consistent to en-
but also recognizes come more effective. Moreover,
sure accountability and evalua- efforts and reinforces they have received positive
tion occur at every level of the the system. feedback from citizens about
organization. the information being provided
”
on crime and disorder in their
Strategy Effectiveness neighborhoods.
The PSLPD has made
substantial strides over the responses and their effective- CONCLUSION
past 6 years implementing and ness and not simply bent on re- Faced with diminishing
routinizing the pattern response viewing statistics or identifying resources, police executives will
strategy, as well as the other clusters of crimes on a map. need more efficient and focused
aspects of the Stratified Model. Some evidence that the approaches to implement crime-
Some of the achievements PSLPD’s strategies are work- reduction strategies. The Strati-
include a significant increase ing is based on the most recent fied Model of Problem Solving,
in the crime analysis function. property crime statistics. Theft Analysis, and Accountability is
Two analysts create 5 to 10 pat- from vehicle has been one a systematic approach to ad-
tern bulletins and 10 to 20 other of the most frequent crimes dressing crime and disorder at
analysis bulletins each month. and a major focus for pattern various levels (e.g., incidents,
Communication has improved response in Port St. Lucie. A patterns, and problems) that
February 2011 / 19
can be infused into the existing Policing: A Contemporary Perspective Dr. Rachel Boba and its implementation
structure of police organiza- (Cincinnati, OH: Anderson Publishing, of the Stratified Model. Also, the Stratified
1998); G.L. Kelling and C. Coles, Fixing Model is the basis of an ongoing initia-
tions with little cost. Patterns, Broken Windows: Restoring Order and Re- tive by the state of Maryland through the
arguably, represent the core ducing Crime in Our Communities (New Governor’s Office of Crime Control and
component of the Stratified York, NY: Free Press, 1996); J.H. Ratc- Prevention and the University of Maryland
Model, as well as police depart- liffe, Intelligence-Led Policing (Cullomp- to implement and institutionalize Compstat
ments’ crime-reduction efforts, ton, UK: Willan Publishing, 2008); and in all Maryland police agencies, http://
W.J. Bratton and P. Knobler, Turnaround: www.compstat.umd.edu (accessed April
because they are realistic for How America’s Top Cop Reversed the 30, 2010).
police response, they rely on Crime Epidemic (New York, NY: Random 6
H. Goldstein, Problem-Oriented
existing police resources. Also, House, 1986). Policing (New York, NY: McGraw-Hill,
2
research has shown that police W. Skogan and K. Frydl, Fairness and 1990).
7
Effectiveness in Policing: The Evidence R. Boba, R. Santos, and L. Wyckoff,
can successfully address them,
(Washington, DC: The National Acad- “Implementing and Institutionalizing
and everyone is concerned and emies Press, 2004). Compstat in Maryland: Training Modules,”
supportive of their immediate http://www.compstat.umd.edu (accessed
resolution.
“
April 30, 2010).
8
An effective systematic pat- For additional information on pattern
identification methodology, see R. Boba,
tern response strategy is auto- Crime Analysis with Crime Mapping
matic and institutionalized into Some evidence (Thousand Oaks, CA: Sage, 2008).
the daily business of policing that the PSLPD’s 9
D. Weisburd and A. Braga, Police
and is analogous to a swarm of strategies are working Innovation: Contrasting Perspectives
bees protecting its hive. A po- (Cambridge, UK: Cambridge University
is based on the Press, 2006).
lice department invests in crime most recent property 10
R. Boba, Crime Analysis with Crime
analysis to consistently identify
patterns. It responds to patterns
crime statistics. Mapping.
11
Ibid., 153-155.
with immediacy and coordina- 12
Ibid.
”
13
tion, as well as with purpose M. Scott, U.S. Department of Justice,
Office of Community Oriented Policing
and teamwork. As part of the Services, The Benefits and Consequences
accountability structure, weekly 3
R. Boba and J. Crank, “Institutionaliz- of Police Crackdowns (Washington, DC,
meetings are action oriented, ing Problem-Oriented Policing: Rethink- 2004).
and monthly meetings are used ing Problem Identification, Analysis, and 14
G. Newman, U.S. Department of
to evaluate response effective- Accountability,” Police Practice and Justice, Office of Community Oriented Po-
Research 9, no. 5 (2008): 379-393. licing Services, Sting Operations (Wash-
ness. As a result, implementing 4
Ibid.; and R. Boba, R. Santos, and L. ington, DC, 2007).
an effective Systematic Pattern Wyckoff, “Implementing and Institutional- 15
Ibid.
Response Strategy in this way izing Compstat in Maryland,” http://www. 16
K. Bowers and S. Johnson, The Role
accomplishes the Beehive compstat.umd.edu (accessed April 30, of Publicity in Crime Prevention: Findings
Effect. 2010). from the Reducing Burglary Initiative
5
The Port St. Lucie, Florida, Police (London, UK: Home Office Research
Department received the International Study No. 272, 2003).
Endnotes Association of Chiefs of Police inau- 17
E. Barthe, U.S. Department of Jus-
1
H. Goldstein, Problem-Oriented gural Excellence in Law Enforcement tice, Office of Community Oriented Polic-
Policing (New York, NY: McGraw-Hill, Research Award in September 2008 for ing Services, Crime Prevention Publicity
1990); R.C. Trojanowicz, Community its partnership with police researcher Campaigns (Washington, DC, 2006).
Partners
in the Battle
By Ricardo A. Martinez, M.S., M.A.
February 2011 / 21
bank robbers, locked up gangsters, tracked fugi- country. Law enforcement authorities uncovered a
tives, put away pedophiles, and dismantled drug plot to bomb underwater New York City train tun-
organizations. However, a new day has dawned. J. nels to flood lower Manhattan. Six individuals were
Edgar Hoover’s FBI has changed dramatically in arrested in a plot to unleash a bloody massacre at
the past few years. It has had to realign its focus as the military base in Fort Dix, New Jersey. A plot to
a result of the calamitous events of September 11, destroy JFK Airport in New York City by blowing
2001. The counterterrorism, counterintelligence, up a jet fuel artery that runs through residential
and cyber crime investigations and programs are areas was foiled. These are but a few of a series of
critical to the FBI’s ability to protect this country’s homegrown terrorism plots targeting high-profile
national security. In the past few years, the FBI has American landmarks.
conducted terrorist investigations in such far-flung One of my critical missions as an FBI supervi-
places as Iraq, Afghanistan, Pakistan, the Philip- sor is simple: to build bridges and strengthen rela-
pines, Europe, and Africa; uncovered terrorist tionships between the FBI and the law enforcement
sleeper cells and disrupted their financial, commu- community. The director is committed to provid-
nications, and operational ing better coordination and
lifelines here at home and communication between the
abroad; and, in conjunc- Bureau and its federal, state,
tion with federal, state,
and local law enforcement,
searched for and arrested
the snipers who terrorized
“ Examples of
partnerships between
local, tribal, and campus law
enforcement partners on a
national level.
During the height of
Maryland, Virginia, and Great Britain’s struggles
our nation’s capitol.
the FBI and local with the Irish Republican
Today’s criminals and law enforcement in Army (IRA) in Northern
terrorists are better orga- the war on terrorism Ireland, then Prime Minister
nized, better equipped, and abound. Margaret Thatcher narrowly
much more global than missed being seriously in-
their predecessors. Global- jured or killed when an IRA
ization and the emergence
of collaboration between
criminal and terrorist en-
” bomb exploded at the Grand
Hotel in Brighton, England,
on October 12, 1984. The
terprises demand a greater degree of synergism IRA provided this chilling statement directed at the
between the FBI, the intelligence community, and British government after their unsuccessful attempt
our law enforcement partners. Working hand in to assassinate Prime Minister Thatcher: “Today we
hand with our counterparts in law enforcement, were unlucky! But remember, we have only to be
the intelligence community, the military, and dip- lucky once. You will have to be lucky always!”
lomatic circles, the FBI’s job is to neutralize terror- Unfortunately, on July 7, 2005, a cabal of Islamic
ist cells and operatives in the United States and to terrorists “got lucky” in London, England.
help dismantle terrorist networks worldwide. That chilling admonition should remind us
Examples of partnerships between the FBI that we always must remain vigilant in our fight
and local law enforcement in the war on terrorism against those who hate us and would destroy our
abound. Seven men were arrested as they plotted way of life. The FBI cannot do it alone! The local
to blow up the Sears Tower in Chicago and destroy police departments, state troopers, campus police
FBI offices and other buildings throughout the officers, tribal law enforcement agencies, sheriff’s
Unusual Weapons
Cartridge Knives
These photos depict what appears to be a cartridge in a metallic case. Instead, a metal blade
is inside the cartridge. Such objects pose a serious threat to law enforcement officers.
February 2011 / 23
Bulletin Honors
fter 44 years, the years, its central requirements While some secondary and
A Miranda decision
stands as a monolith in
police procedure.1 Its require-
are clear.3 Whenever the prose-
cution seeks in its direct case to
introduce a statement made by
limited uses of statements ob-
tained in violation of Miranda
are permitted, such statements
ments are so well known that a suspect while in custody and are presumed to be coerced and
the Supreme Court remarked, in response to interrogation, it cannot be introduced by the
“Miranda has become embed- must prove that the subject was prosecution in its direct case.5
ded in routine police practice warned of specific rights and The strength of the Miranda
to the point where the warnings voluntarily waived those rights.4 decision is its clarity in its
have become part of our na- The penalty imposed on the nearly unwavering protection
tional culture.”2 And, although prosecution for failing to prove of a suspect’s Fifth Amend-
the Supreme Court has clarified that the Miranda procedures ment protection against self-
and refined Miranda over the were properly followed is harsh. incrimination. The commitment
February 2011 / 25
to this rule is so strong that role in protecting public safety the case of New York v. Quar-
the Supreme Court has recog- while also permitting statements les, began in the early morning
nized only one exception to obtained under this exception to hours of September 11, 1980.
the Miranda rule—the “public be used as evidence in a crimi- While on routine patrol in
safety” exception—which per- nal prosecution. In brief, and as Queens, New York, two New
mits law enforcement to engage discussed in this article, police York City police officers were
in a limited and focused un- officers confronting situations approached by a young woman
warned interrogation and allows that create a danger to them- who told them that she had just
the government to introduce the selves or others may ask ques- been raped. She described the
statement as direct evidence. tions designed to neutralize the assailant as a black male, ap-
Recent and well-publicized threat without first providing a proximately 6 feet tall, wearing
events, including the attempted warning of rights. This article a leather jacket with “Big Ben”
bombing of Northwest Airlines discusses the origins of the printed in yellow letters on
Flight 235 near Detroit, Michi- public safety exception and pro- the back. The woman told the
gan, on December 25, 2009, and vides guidance for law enforce- officers that the man had just
the attempted bombing in New ment officers confronted with entered a nearby supermarket
York City’s Times Square in an emergency that may require and that he was carrying a gun.
May 2010, highlight the impor- interrogating a suspect held The officers drove to the
tance of this exception.6 Those in custody about an imminent supermarket, and one entered
current events, occurring in a threat to public safety without the store while the other radioed
time of heightened vigilance providing Miranda warnings. for assistance. A man match-
against terrorist acts, place a ing the description was near
spotlight on this law enforce- ORIGIN OF THE RULE a checkout counter, but upon
ment tool, which, although The origin of the public seeing the officer, ran to the
26 years old, may play a vital safety exception to Miranda, back of the store. The officer
pursued the subject, but lost
sight of him for several sec-
onds as the individual turned
a corner at the end of an aisle.
“
Upon finding the subject, the
officer ordered him to stop and
Recent and to put his hands over his head.
well-publicized As backup personnel arrived,
events...highlight the officer frisked the man and
the importance of discovered he was wearing an
this exception. empty shoulder holster. After
handcuffing him, the officer
“
required by Miranda v. Arizo-
na.9 After an appellate court
affirmed the decision, the case
was appealed to the New York The Quarles case provides a
State Court of Appeals. framework that police officers can
The New York Court of use to assess a particular situation,
Appeals upheld the trial court determine whether the exception is
decision by a 4 to 3 vote.10 Ac-
cording to the New York Court
available, and ensure that their
of Appeals, because Quarles questioning remains within the
responded “to the police in- scope of the rule.
terrogation while he was in
”
custody, [and] before he had
been given the preinterrogation
warnings…,” the lower courts
properly suppressed the state-
ment and the gun.11 The court possible physical harm which be a witness against himself.”15
refused to recognize an emer- could result from a weapon be- The Fifth Amendment “does
gency exception to Miranda ing at large.”14 The state of New not prohibit all incriminating
and noted that even if there York appealed the case to the admissions,” only those that
were such an exception, there Supreme Court. are “officially coerced self-
was “no evidence in the re- The Supreme Court ruled on accusations….”16 In Miranda,
cord before us that there were these facts that a public safety the Supreme Court “for the
exigent circumstances posing a exception to Miranda existed. first time extended the Fifth
risk to the public safety or that To understand how the Court Amendment privilege against
the police interrogation was reached this conclusion and the compulsory self-incrimination
prompted by such concern.”12 implications of this exception to individuals subjected to
February 2011 / 27
custodial interrogation by the in this case and agreed with the a danger to the public “because
police.”17 Thus, Miranda created New York Court of Appeals the lower courts in New York
a presumption that “interroga- that it was. The Court agreed made no factual determination
tion in custodial circumstances with the New York courts that that the police had acted with
is inherently coercive” and that Quarles was in custody. As the that motive.”24
statements obtained under those Court noted, “Quarles was sur- The Supreme Court chose
circumstances “are inadmissible rounded by at least four police to address whether a public
unless the subject is specifically officers and was handcuffed safety exception to Miranda
informed of his Miranda rights when the questioning at issue should exist. In this regard,
and freely decides to forgo those took place.”23 Therefore, on the Court held that: “there is
rights.”18 Importantly, the Court the facts of the case, the Court a ‘public safety’ exception to
noted that Miranda warnings found that the Miranda deci- the requirement that Miranda
were not required by the Con- sion was clearly implicated. warnings be given before a
stitution, but were prophylactic The Court then referred to the suspect’s answers may be
measures designed to provide determination by the New York admitted into evidence, and
protection for the Fifth Amend- the exception does not depend
ment privilege against self- upon the motivation of the
incrimination.19 individual officers involved.”25
After providing this explana- Thus, according to the Court,
tion of the relationship between without regard to the actual
the Fifth Amendment and Miran- motivation of the individual
da, the Court explained that officers, Miranda need not be
Quarles did not claim that his strictly followed in situations
statements were “actually com- “in which police officers ask
pelled by police conduct which questions reasonably prompted
overcame his will to resist.”20 by a concern for the public
Had police officers obtained an safety.”26
involuntary or coerced statement The Court then applied
from Quarles in violation of the the facts to the situation con-
due process clause of the Fifth fronting them when Quarles
Amendment, both the statement © Thinkstock.com was arrested. In the course
and the handgun would have of arresting Quarles, it be-
been suppressed. 21 And, in this courts that there was nothing came apparent that Quarles
regard, the Court explained that in the record indicating that had removed the handgun
the failure to administer Miranda any of the police officers were and discarded it within the
warnings does not, standing concerned with their safety store. While the location of
alone, make a confession invol- when they questioned Quarles. the handgun remained unde-
untary in violation of the Consti- The Supreme Court noted that termined, it posed a danger to
tution.22 the New York Court of Appeals public safety.27 In this case, the
The Supreme Court then did not address the issue of officer needed an answer to
proceeded to determine whether whether there was an exception the question about the location
the Miranda rule was implicated to Miranda in cases that involve of the gun to ensure that its
“
In addition, because the Court The officer returned to the two
found there was no violation of subjects and asked, “Where is
Miranda, the handgun also was the gun?” The defendant told
admissible. The Court declined ...the public safety the officer that the gun was
to address whether the handgun exception is triggered inside a vacuum cleaner, from
would have been suppressed if when police officers where it was retrieved. The
the statements were found to be have an objectively defendant sought to suppress
inadmissible.29 reasonable need the gun, claiming the officer did
to protect the police not provide him his Miranda
FRAMEWORK OF or the public from warnings first. The district court
THE EXCEPTION suppressed the defendant’s
immediate danger.
The Quarles case provides statement, finding a violation
”
a framework that police officers of Miranda. The circuit court
can use to assess a particular reversed and upheld the admis-
situation, determine whether sibility of the statement. The
the exception is available, and issue is the prior knowledge or court stressed the context of the
ensure that their questioning awareness of specific facts or arrest in finding that the public
remains within the scope of the circumstances that give rise to safety exception was applicable.
rule. This framework includes the imminent safety concern The court stated that “[o]nce
the presence of a public safety that prompted the questioning. Officer Rush had seen the mag-
concern, limited questioning, For example, in U.S. v. azine, he had reason to believe a
and voluntariness. Talley, police officers execut- gun was nearby and was justi-
ing a federal arrest warrant at a fied, under Quarles, in asking
Public Safety Concern residence heard sounds indicat- his question prior to administer-
According to the Supreme ing that a number of unexpected ing a Miranda warning.”31
Court, the public safety excep- people were inside the home.30 In U.S. v. Jones, members
tion is triggered when police The officers returned to their of a fugitive task force arrested
officers have an objectively vehicles to get their bulletproof Phillip Jones for a homicide he
reasonable need to protect the vests and then returned to the committed with a handgun on
February 2011 / 29
June 27, 2006.32 Members of replied, “I have a burner in my courts agreed with the officers
the task force met on August 10, waistband.”33 Jones sought to that the information prompted a
2006, the day of the arrest, and suppress his statement. The public safety concern.
were briefed about the nature circuit court had little difficulty
of the homicide, the possibil- in determining that “Cypher’s Limited Questioning
ity that Jones may have two questions fell squarely within The Quarles Court made
weapons, and that he had two the public safety exception.”34 clear that only those questions
previous convictions for gun The circuit court stressed the necessary for the police “to
and drug offenses. After going information that Deputy U.S. secure their own safety or the
to search for Jones in a danger- Marshal Cyphers knew about safety of the public” were per-
ous high-crime area in northeast Jones before making the arrest, mitted under the public safety
Washington, D.C., Deputy U.S. as well as the circumstances exception.35 In U.S. v. Khalil,
Marshal Cyphers made eye con- surrounding the chase and ar- New York City police officers
tact with Jones, who immedi- rest, concluding that the ques- raided an apartment in Brooklyn
ately fled. The marshal pursued tion was prompted by a concern after they received informa-
and caught Jones in a partially for public safety. tion that Khalil and Abu Mezer
lit stairwell of an apartment In each of the two cases had bombs in their apartment
building. At some point during above, information that came to and were planning to detonate
the chase, Cyphers heard a gun- the attention of the law enforce- them.36 During the raid, both
shot fired. Within 30 seconds ment officers concerning an im- men were shot and wounded as
of arresting Jones and before mediate threat to safety prompt- one of them grabbed the gun
providing the Miranda warn- ed the officers to ask questions of a police officer and the other
ings, Cyphers asked if Jones directed at neutralizing the dan- crawled toward a black bag be-
had anything on him. Jones ger. In both cases, the reviewing lieved to contain a bomb. When
the officers looked inside the
black bag, they saw pipe bombs
and observed that a switch on
one bomb was flipped.
Officers went to the hospital
to question Abu Mezer about
the bombs. They asked Abu
Mezer “how many bombs there
were, how many switches were
on each bomb, which wires
should be cut to disarm the
bombs, and whether there were
any timers.”37 Abu Mezer an-
swered each question and also
was asked whether he planned
to kill himself in the explo-
sion. He responded by saying,
“Poof.”38
© Thinkstock.com
“
agreed and noted “Abu Mezer’s
vision as to whether or not he
would survive his attempt to
detonate the bomb had the po- Once the questions turn from
tential for shedding light on the those designed to resolve the concern
bomb’s stability.”39 for safety to questions designed
A common theme through- solely to elicit incriminating statements,
out cases such as this is the the questioning falls...within the
importance of limiting the traditional rules of Miranda.
interrogation of a subject to
questions directed at eliminat-
”
ing the emergency. Following
Quarles, at least two federal
circuit courts of appeals have
addressed the issue of the effect Voluntariness safety, violated due process
of an invocation of a right on Voluntariness is the linch- standards, the statement will be
the exception. In U.S. v. De- pin of the admissibility of any suppressed.46
Santis, the Ninth Circuit Court statement obtained as a result In the Khalil case, Abu
of Appeals held that the public of government conduct.43 Thus, Mezer also argued that the state-
safety exception applies even statements obtained by the ments he made to police officers
after the invocation of counsel.40 government under the public while he was in the hospital
According to the court: “The safety exception cannot be should be suppressed because
same consideration that allows coerced or obtained through they were not voluntary. Tes-
the police to dispense with tactics that violate fundamental timony from the interviewing
providing Miranda warnings notions of due process.44 Here, agent indicated that although
in a public safety situation also it is worth mentioning that Abu Mezer was in pain, “he was
would permit them to dispense prior to the Miranda decision, alert, seemed to understand the
with the prophylactic safeguard the only test used to determine questions, and gave responsive
that forbids initiating further the admissibility of statements answers.”47 Testimony from
questioning of an accused who in federal court was whether the surgeon indicated that Abu
requests counsel.”41 the statement was voluntarily Mezer “was alert and had no
February 2011 / 31
21
difficulty understanding her ex- outside the scope of the excep- Add cite regarding remedy for 5th
planation of the surgical proce- tion and within the traditional Amendment violation.
22
Id. at 655 fn. 5.
dure he would undergo.”48 The rules of Miranda. 23
Id.
district court found that under 24
Id. People v. Quarles, 58 N.Y.2d 664,
the totality of the circumstances, Endnotes 666 (1982).
25
Abu Mezer’s statements were Id. at 655, 656.
1
Miranda v. Arizona, 384 U.S. 436 26
Id. at 656.
voluntary, and the court of ap- (1966). 27
Id. at 657.
peals upheld this determination. 2
Dickerson v. U.S., 530 U.S. 428, 28
Id. at 660.
Police officers must be (2000). 29
Id. See U.S. v. Patane.
3
vigilant to ensure that the ques- Berghuis v. Thompkins, 560 U.S.___ 30
275 F.3d 560 (6th Circ. 2001).
tioning and other actions of the (2010) and Maryland v. Shatzer, 559 31
Id. at 564.
U.S.__(2010). See also Jonathan L. Rudd, 32
567 F.3d 712 (D.C. Cir. 2009).
police, even if prompted by an “The Supreme Court Revisits the Miranda 33
Id. at 713-714.
emergency situation involving Right to Silence,” FBI Law Enforcement 34
Id. at 715.
public safety, permits subjects Bulletin, September 2010, 25-31; and Ken- 35
New York v. Quarles, 467 U.S. 649,
to exercise their free will when neth A. Myers, “Fifth Amendment Protec- 659 (1984).
tion and Break in Custody,” FBI Law 36
214 F.3d 111 (2d Cir. 2000).
deciding to answer questions.
Enforcement Bulletin, May 2010, 26-32. 37
Id. at 115.
This exception does not per- 4
Miranda v. Arizona, 384 U.S. 436 38
Id.
mit police officers to compel (1966). 39
Id. at 121.
a statement from a subject. It 5
Miranda v. Arizona, 389 U.S. 436; 40
870 F.2d 536 (9th Cir. 1989).
simply permits them to question Michigan v. Tucker, 417 U.S. 433 (1974); 41
Id. at 541.
United States v. Patane, 542 U.S. 630 42
40 F.3d 688 (4th Cir. 1994).
a subject before providing any
(2004); Oregon v. Hass, 420 U.S. 714 43
Colorado v. Connelly, 479 U.S. 157
Miranda warnings to resolve an (1975). (1986).
imminent public safety concern. 6
Holder, Eric, Letter to Senator Mitch 44
New York v. Quarles, 467 U.S. at 655.
McConnell, United States Department Of The Quarles Court made clear that Quarles
CONCLUSION Justice. 3 Feb. 2010. Web. 8 December did not make any claim that the police
2010. compelled his statements. The Court also
The “public safety” excep- 7
New York v. Quarles, 467 U.S. 649, noted that Quarles was free to argue “that
tion to Miranda is a powerful 651-652 (1984). his statement was coerced under traditional
tool with a modern application 8
There is no indication as to why the due process standards.” Id. at 655 fn. 5.
for law enforcement. When state did not pursue the original charge of 45
See New York v. Quarles, 467 U.S.
police officers are confronted rape. 649, 661 (1984) (Justice O’Connor concur-
9
Quarles at 652. ring in the judgment and dissenting in
by a concern for public safety, 10
People v. Quarles, 58 N.Y.2d 664 part).
Miranda warnings need not be (1982). 46
See U.S. v. Patane, (2004) (Plurality
provided prior to asking ques- 11
Id. at 666. opinion); Chavez v. Martinez, 538 U.S.
tions directed at neutralizing an 12
Id. 760 (2003) (Plurality opinion).
13
imminent threat, and voluntary Id. at 671. 47
214 F.3d 111, 121 (2d Cir. 2000).
14
Id. 48
Id.
statements made in response to 15
U.S. Const. Amend. V.
such narrowly tailored questions 16
New York v. Quarles, 467 U.S. 649, Law enforcement officers of other than
can be admitted at trial. Once 654 (1984). See also Miranda v. Arizona, federal jurisdiction who are interested
the questions turn from those 384 U.S. 436, 460-461, 467 (1966). in this article should consult their legal
17
designed to resolve the concern Id. advisors. Some police procedures ruled
18
Id.
for safety to questions designed 19
Id. Citing Michigan v. Tucker, 417
permissible under federal constitutional
solely to elicit incriminating law are of questionable legality under
U.S. 433 (1974). state law or are not permitted at all.
statements, the questioning falls 20
Id. (emphasis added).
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