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March 2011

Human Sex
Trafficking
March 2011
Volume 80
Number 3
United States
Department of Justice
Federal Bureau of Investigation
Washington, DC 20535-0001

Robert S. Mueller III


Director

Contributors’ opinions and statements Features


should not be considered an
endorsement by the FBI for any policy,
program, or service.

The attorney general has determined Human Sex Trafficking Human sex trafficking is a
that the publication of this periodical
is necessary in the transaction of the
public business required by law. Use
By Amanda Walker-Rodriguez
and Rodney Hill
1 serious problem for every
level of law enforcement.
of funds for printing this periodical has
been approved by the director of the
Office of Management and Budget.

The FBI Law Enforcement Bulletin


(ISSN-0014-5688) is published
monthly by the Federal Bureau of The Emergency Aid Exception Exigent circumstances may allow
Investigation, 935 Pennsylvania
Avenue, N.W., Washington, D.C.
20535-0001. Periodicals postage paid
to the Fourth Amendment’s 26 officers an exception to the Fourth
Amendment’s warrant requirement.
at Washington, D.C., and additional Warrant Requirement
mailing offices. Postmaster: By Michael T. Pettry
Send address changes to Editor,
FBI Law Enforcement Bulletin,
FBI Academy,
Quantico, VA 22135.

Editor
John E. Ott
Associate Editors Departments
David W. MacWha
Stephanie Mitesser
Art Director
Stephanie L. Lowe
10 Focus on Supervision 20 Police Practice
The Two Roles of Supervision Decreasing Urban Crime
The Training Division’s in Performance Counseling
Outreach and Communications Unit
produces this publication with 23 Bulletin Honors
assistance from the division’s 16 Perspective Essex County Police Academy
National Academy Unit.
Issues are available online at Principles of Effective Law Law Enforcement Officer
http://www.fbi.gov. Enforcement Leadership Memorial
E-mail Address
leb@fbiacademy.edu 19 Leadership Spotlight 24 Bulletin Report
Cover Photo Leadership Etiquette Roadside Visibility Issues
© Thinkstock.com and Common Sense
Send article submissions to Editor,
FBI Law Enforcement Bulletin,
FBI Academy,
Quantico, VA 22135.

ISSN 0014-5688 USPS 383-310


Human Sex
Trafficking
By AMANDA WALKER-RODRIGUEZ, J.D., and RODNEY HILL, J.D. © Thinkstock.com

uman sex trafficking Europe, Asia, or Africa. Actu- HUMAN SEX

H is the most common


form of modern-day
slavery. Estimates place the
ally, human sex trafficking and
sex slavery happen locally in
cities and towns, both large
TRAFFICKING
Many people probably
remember popular movies
number of its domestic and and small, throughout the and television shows depict-
international victims in the United States, right in citizens’ ing pimps as dressing flashy
millions, mostly females and backyards. and driving large fancy cars.
children enslaved in the com- Appreciating the magnitude More important, the women—
mercial sex industry for little of the problem requires first adults—consensually and
or no money.1 The terms hu- understanding what the issue is voluntarily engaged in the
man trafficking and sex slavery and what it is not. Additionally, business of prostitution without
usually conjure up images of people must be able to identify complaint. This characterization
young girls beaten and abused the victim in common traffick- is extremely inaccurate, noth-
in faraway places, like Eastern ing situations. ing more than fiction. In reality,

March 2011 / 1
the pimp traffics young women Unfortunately, however, sex from families who have aban-
(and sometimes men) complete- trafficking also occurs domes- doned them. Often, they become
ly against their will by force or tically.4 The United States not involved in prostitution to sup-
threat of force; this is human only faces an influx of inter- port themselves financially or
sex trafficking. national victims but also has to get the things they feel they
its own homegrown problem need or want (like drugs).
The Scope of interstate sex trafficking of Other young people are re-
Not only is human sex traf- minors.5 cruited into prostitution through
ficking slavery but it is big busi- Although comprehensive forced abduction, pressure from
ness. It is the fastest-growing research to document the parents, or through deceptive
business of organized crime and number of children engaged in agreements between parents and
the third-largest criminal enter- prostitution in the United States traffickers. Once these children
prise in the world.2 The majority is lacking, an estimated 293,000 become involved in prostitution,
of sex trafficking is internation- American youths currently are they often are forced to travel
al, with victims taken from such at risk of becoming victims far from their homes and, as a
places as South and Southeast of commercial sexual exploi- result, are isolated from their
Asia, the former Soviet Union, tation.6 The majority of these friends and family. Few children
Central and South America, and victims are runaway or thrown- in this situation can develop
other less developed areas and away youths who live on the new relationships with peers
moved to more developed ones, streets and become victims of or adults other than the person
including Asia, the Middle East, prostitution.7 These children victimizing them. The lifestyle
Western Europe, and North generally come from homes of such youths revolves around
America.3 where they have been abused or violence, forced drug use, and
constant threats.8
Among children and teens
living on the streets in the Unit-
ed States, involvement in com-
mercial sex activity is a problem
of epidemic proportion. Many
girls living on the street engage
in formal prostitution, and some
become entangled in nationwide
organized crime networks where
they are trafficked nationally.
Criminal networks transport
these children around the United
States by a variety of means—
cars, buses, vans, trucks, or
Ms. Walker-Rodriquez is an Mr. Hill, a retired police lieutenant,
assistant state’s attorney in is an assistant state’s attorney in planes—and often provide them
Baltimore County and a current Baltimore County and a current counterfeit identification to
member of the Maryland Human member of the Maryland Human use in the event of arrest. The
Trafficking Task Force. Trafficking Task Force.
average age at which girls first

2 / FBI Law Enforcement Bulletin


become victims of prostitu- Traffickers represent ev- the victim and that any sex acts
tion is 12 to 14. It is not only ery social, ethnic, and racial are for their future together. In
the girls on the streets who are group. Various organizational cases where the children have
affected; boys and transgender types exist in trafficking. Some few or no positive male role
youth enter into prostitution perpetrators are involved with models in their lives, the traf-
between the ages of 11 and 13 local street and motorcycle fickers take advantage of this
on average.9 gangs, others are members of fact and, in many cases, demand
larger nationwide gangs and that the victims refer to them as
The Operation criminal organizations, and “daddy,” making it tougher for
Today, the business of hu- some have no affiliation with the youths to break the hold the
man sex trafficking is much any one group or organization. perpetrator has on them.
more organized and violent. Traffickers are not only men— Sometimes, the traffick-
These women and young girls women run many established ers use violence, such as gang
are sold to traffickers, locked rings. rape and other forms of abuse,
up in rooms or brothels for to force the youths to work for
weeks or months, drugged, ter- them and remain under their


rorized, and raped repeatedly.10 control. One victim, a runaway
These continual abuses make from Baltimore County, Mary-
it easier for the traffickers to land, was gang raped by a group
control their victims. The cap-
The United States
of men associated with the traf-
tives are so afraid and intimi- not only faces an ficker, who subsequently staged
dated that they rarely speak out influx of international a “rescue.” He then demanded
against their traffickers, even victims but also has that she repay him by working
when faced with an opportu- its own homegrown for him as one of his prostitutes.
nity to escape. problem of interstate In many cases, however, the
Generally, the traffickers sex trafficking of victims simply are beaten until
are very organized. Many have minors. they submit to the trafficker’s
a hierarchy system similar to demands.


that of other criminal organi- In some situations, the
zations. Traffickers who have youths have become addicted
more than one victim often to drugs. The traffickers simply
have a “bottom,” who sits atop Traffickers use force, drugs, can use their ability to supply
the hierarchy of prostitutes. emotional tactics, and financial them with drugs as a means of
The bottom, a victim herself, methods to control their vic- control.
has been with the trafficker tims. They have an especially Traffickers often take their
the longest and has earned easy time establishing a strong victims’ identity forms, includ-
his trust. Bottoms collect the bond with young girls. These ing birth certificates, passports,
money from the other girls, perpetrators may promise mar- and drivers’ licenses. In these
discipline them, seduce unwit- riage and a lifestyle the youths cases, even if youths do leave
ting youths into trafficking, and often did not have in their previ- they would have no ability to
handle the day-to-day business ous familial relationships. They support themselves and often
for the trafficker. claim they “love” and “need” will return to the trafficker.

March 2011 / 3
These abusive methods of within the State Department to Exploitation and Obscenity
control impact the victims both specifically address human traf- Section and the National Center
physically and mentally. Similar ficking and exploitation on all for Missing and Exploited
to cases involving Stockholm levels and to take legal action Children, launched the Inno-
Syndrome, these victims, who against perpetrators.13 Addition- cence Lost National Initiative.
have been abused over an ex- ally, this act was designed to The agencies’ combined efforts
tended period of time, begin to enforce all laws within the 13th address the growing problem
feel an attachment to the perpe- Amendment to the U.S. Consti- of domestic sex trafficking of
trator.11 This paradoxical psy- tution that apply.14 children in the United States. To
chological phenomenon makes U.S. Immigration and date, these groups have worked
it difficult for law enforcement Customs Enforcement (ICE) successfully to rescue nearly
to breach the bond of control, is one of the lead federal agen- 900 children. Investigations
albeit abusive, the trafficker cies charged with enforcing successfully have led to the con-
holds over the victim. the TVPA. Human trafficking viction of more than 500 pimps,
madams, and their associates
NATIONAL PROBLEM who exploit children through
WITH LOCAL TIES prostitution. These convic-
tions have resulted in lengthy
The Federal Level sentences, including multiple
In 2000, Congress passed 25-year-to-life sentences and
the Trafficking Victims Protec- the seizure of real property,
tion Act (TVPA), which created vehicles, and monetary assets.15
the first comprehensive federal Both ICE and the FBI, along
law to address trafficking, with with other local, state, and
a significant focus on the in- federal law enforcement agen-
ternational dimension of the © Thinkstock.com cies and national victim-based
problem. The law provides a advocacy groups in joint task
three-pronged approach: pre- forces, have combined resourc-
vention through public aware- es and expertise on the issue.
ness programs overseas and a represents significant risks to Today, the FBI participates in
State Department-led monitor- homeland security. Would-be approximately 30 law enforce-
ing and sanctions program; terrorists and criminals often ment task forces and about 42
protection through a new T Visa can access the same routes and Bureau of Justice Assistance
and services for foreign na- use the same methods as hu- (BJA)-sponsored task forces
tional victims; and prosecution man traffickers. ICE’s Human around the nation.16
through new federal crimes and Smuggling and Trafficking Unit In July 2004, the Human
severe penalties.12 works to identify criminals and Smuggling Trafficking Center
As a result of the passing of organizations involved in these (HSTC) was created. The HSTC
the TVPA, the Office to Monitor illicit activities. serves as a fusion center for in-
and Combat Trafficking in Per- The FBI also enforces formation on human smuggling
sons was established in October the TVPA. In June 2003, the and trafficking, bringing togeth-
2001. This enabling legislation FBI, in conjunction with the er analysts, officers, and inves-
led to the creation of a bureau Department of Justice Child tigators from such agencies as

4 / FBI Law Enforcement Bulletin


the CIA, FBI, ICE, Department and provision of services needs in the hurricane-
of State, and Department of to victims of human traf- damaged areas of the state.
Homeland Security. ficking, and increasing the • In 2007, the Maryland
successful interdiction and Human Trafficking Task
The Local Level prosecution of trafficking of Force was formed. It aims
With DOJ funding assis- human persons. to create a heightened law
tance, many jurisdictions have • Since 2006, the Louisiana enforcement and victim
created human trafficking task Human Trafficking Task service presence in the
forces to combat the problem. Force, which has law en- community. Its law en-
BJA’s 42 such task forces can forcement, training, and forcement efforts include
be demonstrated by several victim services compo- establishing roving opera-
examples.17 nents, has focused its law tions to identify victims and
• In 2004, the FBI’s Washing- traffickers, deputizing local
ton field office and the D.C.


law enforcement to assist in
Metropolitan Police Depart- federal human trafficking
ment joined with a variety investigations, and provid-
of nongovernment organiza- Local and ing training for law enforce-
tions and service provid- state criminal ment officers.
ers to combat the growing justice officials must
problem of human traffick- understand that these Anytown, USA
ing within Washington, D.C. cases are not isolated In December 2008, Corey
• In January 2005, the Mas- incidents that occur Davis, the ringleader of a sex-
sachusetts Human Traf- infrequently. trafficking ring that spanned at
ficking Task Force was least three states, was sentenced


formed, with the Boston in federal court in Bridgeport,
Police Department serving Connecticut, on federal civil
as the lead law enforcement rights charges for organizing
entity. It uses a two-pronged enforcement and victim and leading the sex-trafficking
approach, addressing in- rescue efforts on the Inter- operation that exploited as
vestigations focusing on state 10 corridor from the many as 20 females, including
international victims and Texas border on the west to minors. Davis received a sen-
those focusing on the com- the Mississippi border on tence of 293 months in prison
mercial sexual exploitation the east. This corridor, the followed by a lifetime term of
of children. basic northern border of the supervised release. He pleaded
• The New Jersey Human hurricane-ravaged areas of guilty to multiple sex-traffick-
Trafficking Task Force at- Louisiana, long has served ing charges, including recruiting
tacks the problem by train- as a major avenue of il- a girl under the age of 18 to en-
ing law enforcement in legal immigration efforts. gage in prostitution. Davis ad-
the methods of identifying The I-10 corridor also is the mitted that he recruited a minor
victims and signs of traffick- main avenue for individuals to engage in prostitution; that
ing, coordinating statewide participating in human traf- he was the organizer of a sex-
efforts in the identification ficking to supply the labor trafficking venture; and that he

March 2011 / 5
used force, fraud, and coercion pictures are altered to give the slaves. These girls did not work
to compel the victim to commit impression of older girls en- for profit or a paycheck. They
commercial sex acts from which gaged in this activity freely and were captives to the traffick-
he obtained the proceeds. voluntarily. However, as pros- ers and keepers who controlled
According to the indict- ecutors, the authors both have their every move. The police
ment, Davis lured victims to encountered numerous cases found a squalid, land-based
his operation with promises of of suspected human trafficking equivalent of a 19th-century
modeling contracts and a glam- involving underage girls. slave ship. They encountered
orous lifestyle. He then forced The article “The Girls Next rancid, doorless bathrooms;
them into a grueling schedule of Door” describes a conventional bare, putrid mattresses; and a
dancing and performing at strip midcentury home in Plainfield, stash of penicillin, “morning
clubs in Connecticut, New York, New Jersey, that sat in a nice after’’ pills, and an antiulcer
and New Jersey. When the clubs middle-class neighborhood. medication that can induce
closed, Davis forced the victims Unbeknownst to the neighbors, abortion. The girls were pale,
to walk the streets until 4 or 5 © Thinkstock.com exhausted, and malnourished.19
a.m. propositioning customers. Human sex trafficking
The indictment also alleged that warning signs include, among
he beat many of the victims to other indicators, streetwalkers
force them to work for him and and strip clubs. However, a ju-
that he also used physical abuse risdiction’s lack of streetwalkers
as punishment for disobeying or strip clubs does not mean that
the stringent rules he imposed it is immune to the problem of
to isolate and control them.18 trafficking. Because human traf-
As this and other examples ficking involves big money, if
show, human trafficking cases money can be made, sex slaves
happen all over the United can be sold. Sex trafficking can
States. A few instances would happen anywhere, however
represent just the “tip of the unlikely a place. Investigators
iceberg” in a growing crimi- the house was part of a network should be attuned to reading the
nal enterprise. Local and state of stash houses in the New York signs of trafficking and looking
criminal justice officials must area where underage girls and closely for them.
understand that these cases are young women from dozens
not isolated incidents that occur of countries were trafficked INVESTIGATION
infrequently. They must remain and held captive. Acting on a OF HUMAN SEX
alert for signs of trafficking in tip, police raided the house in TRAFFICKING
their jurisdictions and aggres- February 2002, expecting to ICE aggressively targets the
sively follow through on the find an underground brothel. global criminal infrastructure,
smallest clue. Numerous Web Instead, they found four girls including the people, money,
sites openly (though they try to between the ages of 14 and 17, and materials that support hu-
mask their actions) advertise for all Mexican nationals without man trafficking networks. The
prostitution. Many of these sites documentation. agency strives to prevent human
involve young girls victimized However, they were not trafficking in the United States
by sex trafficking. Many of the prostitutes; they were sex by prosecuting the traffickers

6 / FBI Law Enforcement Bulletin


and rescuing and protecting the trafficker, a customer having • Check for identification.
victims. However, most human a dispute with a victim, or a Traffickers take the victims’
trafficking cases start at the client who had money taken identification and, in cases
local level. during a sex act. of foreign nationals, their
• Locations, such as truck travel information. The lack
Strategies of either item should raise
stops, strip clubs, massage
Local and state law enforce- parlors, and cheap motels, concern.
ment officers may unknowingly are havens for prostitutes
encounter sex trafficking when Detectives/Investigators
forced into sex traffick-
they deal with homeless and ing. Many massage parlors • Monitor Web sites that ad-
runaway juveniles; criminal and strip clubs that engage vertise for dating and hook-
gang activity; crimes involving in sex trafficking will have ing up. Most vice units are
immigrant children who have cramped living quarters familiar with the common
no guardians; domestic violence where the victims are forced sites used by sex traffickers
calls; and investigations at truck to stay. as a means of advertisement.
stops, motels, massage parlors,
spas, and strip clubs. To this • Conduct surveillance at
motels, truck stops, strip


end, the authors offer various
suggestions and indicators to clubs, and massage parlors.
help patrol officers identify Look to see if the girls ar-
victims of sex trafficking, as rive alone or with someone
Traffickers else. Girls being transported
well as tips for detectives who represent every
investigate these crimes. to these locations should
social, ethnic, and raise concerns of trafficking.
Patrol Officers racial group. • Upon an arrest, check cell
• Document suspicious calls phone records, motel re-


and complaints on a police ceipts, computer printouts
information report, even if of advertisements, and
the details seem trivial. tollbooth receipts. Look
• Be aware of trafficking for phone calls from the
• When encountering prosti- jailed prostitute to the
when responding to certain tutes and other victims of
call types, such as reports pimp. Check surveillance
trafficking, do not display cameras at motels and toll
of foot traffic in and out of judgment or talk down
a house. Consider situations facilities as evidence to in-
to them. Understand the dicate the trafficking of the
that seem similar to drug violent nature in how they
complaints. victim.
are forced into trafficking,
• Look closely at calls for which explains their lack • Obtain written statements
assaults, domestic situa- of cooperation. Speak with from the customers; get
tions, verbal disputes, or them in a location complete- them to work for you.
thefts. These could involve ly safe and away from other • Seek assistance from non-
a trafficking victim being people, including potential governmental organizations
abused and disciplined by a victims. involved in fighting sex

March 2011 / 7
trafficking. Many of these • Persons frequently moved aliens detained at different
entities have workers who by traffickers locations
will interview these victims • A living space with a large • Third party who insists on
on behalf of the police. number of occupants interpreting. Did the victim
• After executing a search • People lacking private sign a contract?
warrant, photograph ev- space, personal possessions,
erything. Remember that Brothel Indicators
or financial records
in court, a picture may be • Large amounts of cash and
worth a thousand words: • Someone with limited
condoms
nothing else can more knowledge about how to get
around in a community • Customer logbook or receipt
effectively describe a
book (“trick book”)
cramped living quarter a


victim is forced to reside in. • Sparse rooms
• Look for advertisements • Men come and go frequently
in local newspapers, spe-
cifically the sports sections, Today, the business CONCLUSION
that advertise massage of human sex This form of cruel modern-
parlors. These businesses trafficking is much day slavery occurs more often
should be checked out more organized than many people might think.
to ensure they are legiti- and violent. And, it is not just an interna-
mate and not fronts for tional or a national problem—
it also is a local one. It is big


trafficking.
business, and it involves a lot of
• Contact your local U.S.
perpetrators and victims.
Attorney’s Office, FBI field
Agencies at all levels must
office, or ICE for assis- Physical Indicators remain alert to this issue and
tance. Explore what federal
• Injuries from beatings or address it vigilantly. Even local
resources exist to help ad-
weapons officers must understand the
dress this problem.
• Signs of torture (e.g., ciga- problem and know how to rec-
Other Considerations rette burns) ognize it in their jurisdictions.
Patrol officers and investi- Coordinated and aggressive
• Brands or scarring, indicat- efforts from all law enforcement
gators can look for many other ing ownership
human trafficking indicators as organizations can put an end to
well.20 These certainly warrant • Signs of malnourishment these perpetrators’ operations
closer attention. and free the victims.
Financial/Legal Indicators
General Indicators Endnotes
• Someone else has posses- 1
http://www.routledgesociology.com/
• People who live on or near sion of an individual’s legal/ books/Human-Sex-Trafficking-
work premises travel documents isbn9780415576789 (accessed July
• Existing debt issues 19, 2010).
• Individuals with restricted 2
http://www.unodc.org/unodc/en/
or controlled communica- • One attorney claiming to human-trafficking/what-is-human-
tion and transportation represent multiple illegal trafficking.html (accessed July 19, 2010).

8 / FBI Law Enforcement Bulletin


3 11
http://www.justice.gov/criminal/ceos/ For additional information, see Millersville Apartment and to Drug Traf-
trafficking.html (accessed July 19, 2010). Nathalie De Fabrique, Stephen J. Romano, ficking,” http://www.justice.gov/usao/md/
4
Ibid. Gregory M. Vecchi, and Vincent B. Van Public-Affairs/press_releases/press10a.htm
5
http://www.justice.gov/criminal/ Hasselt, “Understanding Stockholm Syn- (accessed September 30, 2010).
16
ceos/prostitution.html (accessed July 19, drome,” FBI Law Enforcement Bulletin, http://www.fbi.gov/hq/cid/civilrights/
2010). July 2007, 10-15. trafficking_initiatives.htm (accessed Septem-
6 12
Richard J. Estes and Neil Alan Wein- Trafficking Victims Protection Act, ber 30, 2010).
17
er, Commercial Sexual Exploitation of Pub. L. No. 106-386 (2000), codified at http://www.ojp.usdoj.gov/BJA/
Children in the U.S., Canada, and Mexico 22 U.S.C. § 7101, et seq. grant/42HTTF.pdf (accessed September 30,
13
(University of Pennsylvania, Executive Ibid. 2010).
14 18
Summary, 2001). U.S. CONST. amend. XIII, § 1: http://actioncenter.polarisproject.org/
7
Ibid. “Neither slavery nor involuntary servitude, the-frontlines/recent-federal-cases/435-lead-
8
http://fpc.state.gov/documents/or- except as a punishment for crime whereof er-of-expansive-multi-state-sex-trafficking-
ganization/9107.pdf (accessed July 19, the party shall have been duly convicted, ring-sentenced (accessed July 19, 2010).
19
2010). shall exist within the United States, or any http://www.nytimes.com/2004/01/25/
9
Estes and Weiner. place subject to their jurisdiction.” magazine/25SEXTRAFFIC.html (accessed
10 15
http://www.womenshealth.gov/ U.S. Department of Justice, “U.S. July 19, 2010).
20
violence/types/human-trafficking.cfm Army Soldier Sentenced to Over 17 Years http://httf.wordpress.com/indicators/
(accessed July 19, 2010). in Prison for Operating a Brothel from (accessed July 19, 2010).

Clarification
Figure 4 - Untrained and Trained Responses

Incident of Workplace Violence


The article “Workplace Violence
Prevention: Readiness and Response,”
in the January 2011 issue, contained an Startle and Fear
error. Figure 4 on page 6 should have
appeared as shown here. The figure has Trained Response Untrained Response
been corrected in the online version of
the magazine.
Anxious Panic

Recall Disbelief

Prepare Denial

Commit to Act Helplessness

March 2011 / 9
Focus on Supervision

The Two Roles of Supervision


in Performance Counseling
By Brian Fitch, Ph.D.
© Thinkstock.com

L aw enforcement supervisors have two pri-


mary responsibilities in molding produc-
tive, well-disciplined officers: rewarding good
these performance challenges can have a profound
impact on employee engagement and organiza-
tional culture.
behavior and correcting poor performance.1 For- While many supervisors do a competent job
tunately, most officers support the organization, of rewarding good behavior, they often find it dif-
work hard, and never require any type of formal ficult to tackle performance problems because they
counseling. When problems do arise, they usually lack the basic tools, training, and mind-set to do
are solved quickly by an informal discussion with- so effectively. Yet, confronting problem behaviors
out the need for any advanced preparation. Yet, de- effectively is just as critical to the success of a law
spite the high quality of law enforcement person- enforcement agency as rewarding proper conduct.
nel in most organizations, performance problems However, before leaders can expect to hold their
still may occur. It seems that some officers, regard- personnel accountable for meeting organizational
less of the best efforts of well-intentioned supervi- objectives, these employees need to know exactly
sors, simply refuse to change. How leaders handle what is expected of them. Too often, supervisors

10 / FBI Law Enforcement Bulletin


assume that officers understand what is required, the likelihood that a behavior will be repeated (i.e.,
thereby missing important opportunities to clarify the law of effect principle).3 Similarly, behavior
goals, solicit commitment, and provide important appropriately punished is more likely to disappear
milestones. than if allowed to continue unchallenged. In either
The basic philosophy behind performance case, supervisors should be specific about the be-
counseling in any law enforcement agency is the havior being rewarded or, in other cases, punished.
same: individual officers must be responsible for They should avoid generalities, such as “great job”
their own performance. Indeed, the effectiveness or “poor attitude,” in favor of specific, unambigu-
of most organizations can be greatly improved ous statements that focus on particular behaviors.
when supervisors appropriately reinforce good For example, “I like the way you asked all of the
conduct; address ineffective behaviors early; and officers present at the debriefing for their opinions,
hold officers accountable for their performance allowed each person to speak, and took notes” is
in positive, productive ways. more effective than “great
The author offers law en- debriefing,” which provides
forcement supervisors and no specific description of the
managers some of the tools
and knowledge necessary to
accomplish these objectives. “
The basic philosophy
behind performance
behaviors being rewarded and
reinforced.
When supervisors em-
phasize and reinforce specific
REINFORCING counseling in any law behaviors, officers have a
GOOD PERFORMANCE enforcement agency better understanding of how
Supervisors should begin is the same: individual to repeat their successes,
their efforts to improve orga- officers must be maximize rewards, and avoid
nizational performance with responsible for their failures. Because the likeli-
an understanding that most own performance. hood of officers repeating
officers are committed to the a behavior hinges on the
agency, its mission, and its
values. Provided that officers
have a clear understanding of
” reinforcement they receive,
supervisors should continue
to reward them each time
what is expected, supervisors should take every op- they perform appropriately. Only by recognizing
portunity to reward good performance. In simplest desired behaviors consistently and directly in ways
terms, behavior is a function of its consequences; that officers find reinforcing can leaders increase
therefore, people are motivated to perform ac- the probability of their employees continuing to
tions for which they are rewarded while avoiding perform the activity in the future.
those for which they are punished. Rewarding ap- The basic principles of reward and reinforce-
propriate behavior (what psychologists refer to as ment constantly are at work in all law enforcement
positive reinforcement) can profoundly impact the organizations. Everything an officer says and does
broad range of behaviors that officers exhibit, as receives some kind of reinforcement—positive or
well as the productivity, morale, and effectiveness negative, intentional or unintentional. Rather than
of the organization.2 relying on luck or happenstance, competent super-
Decades of scientific research have supported visors look for ways to create positive, rewarding
the finding that positive reinforcement increases experiences that foster effective performance.4

March 2011 / 11
Skilled supervisors continuously scan the work en- Describe the Problem
vironment for examples of superior performance The goal of the first step—to describe the prob-
and quickly recognize officers for a job well-done. lem in specific, objective behavioral terms—argu-
This includes employees who maintain excellent ably is the most difficult and important aspect of
attendance, assist other officers, make valid ar- conducting a successful performance-counseling
rests, or simply follow the rules. session. At this point, supervisors should focus on
communicating the gap between what employees
CORRECTING POOR PERFORMANCE currently do and the organizational standard. In
Setting limits, holding officers accountable, other words, what are supervisors getting in terms
and confronting poor performance can prove diffi- of performance, and what do they need? It is im-
cult for many supervisors. Absent the proper skills portant that the description be as objective and
and training, most fall naturally into one of two unarguable as possible and free of bias, emotion,
categories: they either attempt or attribution.
to coerce employees into per-
forming appropriately or try to Express the Result
avoid problems altogether. In During this stage, the su-
the first instance, supervisors pervisor describes the impact
rely on their formal authority of the problem (i.e., the good
to compel acceptable perfor- business reasons for resolving
mance. While this approach the issue). Has the officer’s
often proves effective at pro- behavior created more work
ducing short-term results, it for other personnel? Has it
seldom motivates the type of resulted in citizen complaints?
long-term change necessary to Or, has the poor performance
correct chronic performance exposed the agency to li-
issues. In contrast, supervisors ability? Despite the issue, the
who employ the second strat- supervisor should be clear
© Thinkstock.com
egy tend to avoid problems about why the officer’s current
because they fear a messy confrontation and, in performance cannot continue. Without such rea-
so doing, allow the officer’s poor performance to sons, no basis exists for conducting a performance-
continue unabated, often with highly predictable counseling session. After all, simply disliking an
consequences.5 officer’s attitude or demeanor, when that conduct
Fortunately, a third alternative exists: hold- has no appreciable effect on the employee’s work
ing a formal counseling session in a positive, product, is insufficient grounds for a counseling
principled way that makes the supervisor’s needs session.
clear but respects the officer’s feelings and rights.
The following three-step formula—the DER Request a Change in Behavior
model—makes it possible for leaders to set limits, While supervisors often find it easy to identify
confront unacceptable behaviors, and hold officers what they do not like, many have difficulty describ-
accountable:6 ing the precise behaviors necessary to remedy the
• Describe the problem situation and satisfy the organizational standard.
A leader’s job is to ensure that officers perform
• Express the result their duties in accordance with organizational
• Request a change in behavior policy. This means that supervisors are interested

12 / FBI Law Enforcement Bulletin


in behaviors and, therefore, should express the incident. Performing the necessary research will,
necessary change in terms of clear, specific, objec- among other things, enhance the supervisor’s
tive actions—the more precise and quantifiable, credibility, keep the conversation focused, and lay
the better. the groundwork for a successful resolution.
PREPARING Describe the Issue
TO COUNSEL Supervisors should outline the problem in
Supervisors often stumble in their efforts to specific and unarguable behavioral terms while
address performance problems because they fail avoiding assumptions or attitudinal allegations.
to prepare adequately for the counseling session. In other words, they should stick with the facts.
Again, they should focus their efforts on objec- Supervisors cannot possibly know what an officer
tive, quantifiable behaviors, not such intangibles is thinking or feeling. Thus, they should restrict
as feelings, beliefs, or attitudes. For example, if an their description to objective, quantifiable behav-
officer has a poor attitude but iors, not feelings, intuitions,
performs the job well, perfor- or assumptions.
mance counseling is not need-
ed, although the supervisor
may opt to send the employee
to leadership or life-skills
training. One effective way of
“ One
way of
effective
preparing
State the Desired
Performance
Effective leaders make
their observations as spe-
preparing for a performance- for a performance cific as possible and avoid
counseling session is to create counseling session vague or fuzzy statements
an outline highlighting the is to create an outline of performance, such as “I
main points for discussion. highlighting the want you to be more posi-
Preparing ahead of time can main points for tive” or “I want you to enjoy
significantly increase suc- discussion. your job.” The statement of
cess in a number of ways, desired performance should
including enhancing supervi-
sors’ confidence, insulating
them against manipulation,
” explain the organizational
standard in clear behavioral
terms that easily can be un-
and providing reference material in the event derstood and observed. Because supervisors often
they become temporarily distracted. A successful fail to develop a concise behavioral definition of
performance-counseling script should focus on what they want, they speak in general, abstract
five major areas of concern.7 terms. Yet, if they expect officers to understand
precisely what is expected of them, they must
Research the Problem describe the desired performance clearly and
The old adage “failing to prepare is preparing objectively.8
to fail” aptly applies to counseling a performance
issue. Prior to such a session, supervisors should Give Good Business Reasons
research the details of any instance in question. Absent a set of good business reasons,
For example, if an officer has received a string of no performance discussion ever should take
discourtesy complaints, the supervisor should be place. Preparing and presenting a list of reasons
armed with the dates, times, and specifics of each helps officers understand why their conduct is

March 2011 / 13
inappropriate and why it needs to be addressed. Effective leaders also understand the impor-
More important, however, it can help gain the offi- tance of getting to the point of the meeting early
cers’ cooperation in solving the problem. Officers, in the conversation. For example, “Officer Smith,
like most people, tend to do better with the “what” there is a problem with your attendance, and we
if they understand the “why.” While this process is need to discuss it” or “Officer Donahue, you have
not very difficult for most supervisors, it is critical received three complaints for discourtesy in the
to the success of any meaningful outcome. last month, and we need to get this problem fixed”
can express the reason for the discussion in clear,
List the Consequences specific terms early in the encounter.
Regardless of the reasons for poor perfor- Throughout any performance discussion, su-
mance, the meeting should include a discussion of pervisors should avoid taking responsibility for
the logical consequences that will follow should the fixing the problem—emphasizing, instead, the
officers choose to continue in this manner.9 In no importance of choice and personal responsibility.
way should supervisors appear to threaten their of- While the supervisor can openly discuss options,
ficers, but they should highlight the responsibility for fixing the
the natural implications of any problem rests squarely with the
future conduct—either positive officers. After all, they choose
or negative—that will result. when they come to work or how
Ultimately, the officers will they treat the public, not their
decide whether to improve and supervisor. Therefore, the of-
will endure the consequences ficers must address the problem
of that decision; therefore, they and experience the natural con-
should understand, under no sequences of their decisions.11
uncertain terms, precisely what Because they understand the
is at stake. importance of reinforcement,
effective supervisors quickly
ENSURING SUCCESS reward any positive change in
To address performance in an officer’s behavior, however
the most productive way pos- © Thinkstock.com slight or seemingly insignifi-
sible, supervisors should re- cant. Unfortunately, many fail
main calm, polite, and professional. Performance- to celebrate the little things, opting instead to wait
counseling sessions are intended to correct per- for a “breakthrough”—a complete shift in the of-
formance problems, not to serve as a platform for ficer’s conduct—before offering reinforcement.
personal agendas or as a vehicle for expressing Because officers tend to repeat rewarded behav-
dislike of an officer. Effective supervisors do not iors, failing to provide the appropriate positive
take performance problems personally. They un- reinforcement early enough can frustrate progress
derstand that officers being counseled are not bad and reduce the prospect of long-term behavioral
people; they are good persons experiencing a per- change.12
formance problem. Thus, skilled supervisors keep Finally, supervisors often fail to reinforce
an open mind, treat all employees fairly, and show behaviors consistently and frequently enough to
officers the respect that they deserve.10 make any appreciable difference in an officer’s

14 / FBI Law Enforcement Bulletin


5
conduct. Reinforcing a behavior once, twice, or For a complete description of styles, see Dick Grote, Dis-
even three times usually is not enough. Behavioral cipline Without Punishment: The Proven Strategy That Turns
Problem Employees into Superior Performers, 2nd Ed. (New
psychologists have found that in many cases, it can York, NY: AMACOM, 2006).
take dozens, if not hundreds, of reinforcements to 6
For more on the DER model, see Reneau Z. Peurifoy, Anger:
imprint a desired behavior. If supervisors want the Taming the Beast (New York, NY: Kodansha American, Inc,
new behaviors to take hold, they must invest the 1999).
7
time and energy necessary to reward the officer’s For more on preparing for a performance discussion, see
Micki Holliday, Coaching, Mentoring, and Managing: Break-
conduct appropriately; otherwise, it will be busi- through Strategies to Solve Perfor-
ness as usual. mance Problems and Build Winning
Teams, 2nd ed. (Franklin Lakes, NJ,
CONCLUSION

2001).
8
For more on setting performance
Rewarding proper con- objectives, see Brian Cole Miller,
duct and correcting poor per- ...skilled supervisors Keeping Employees Accountable for
formance constitute the two keep an open mind, Results: Quick Tips for Busy Man-
main roles that law enforce- treat all employees fairly, agers 2006).
(New York, NY: AMACOM,
ment supervisors play. Time- and show officers the 9
For a more on accountability and
ly, consistent recognition of respect that they consequences, see Roger Connors and
a job well-done can go a long deserve. Tom Smith, How Did That Happen:
way toward helping officers Holding People Accountable for
Results the Positive, Principled Way


remain the stalwart protectors
(New York, NY: Portfolio, 2009).
of society. At the same time, 10
For a list of appropriate be-
supervisors must intervene haviors, see Kerry Patterson, Joseph
quickly when problems arise. Grenny, Ron McMillian, and Al Swit-
They must hold officers accountable for their per- zler, Crucial Conversations: Tools For Talking When The Stakes
formance in positive, productive ways. To this end, Are11High (New York, NY: McGraw-Hill, 2002).
For a discussion on personal accountability, see Mark
formal counseling sessions can help supervisors Samuel, The Accountability Revolution: Achieve Breakthrough
deal with performance issues while respecting the Results IN HALF THE TIME! 2nd ed. (Tempe, AZ: Facts on
feelings and rights of their employees. Demand Press).
12
For a discussion on the importance of reinforcement and
Endnotes shaping, see Alan E. Kazdin, Behavior Modification in Applied
1 Settings, 6th ed. (Belmont, CA: Wadsworth/Thomas Learning,
For a discussion on law enforcement supervision, see Donald
2001).
J. Schroeder, Frank Lombardo, and Jerry Strollo, Management
and Supervision of Law Enforcement Personnel, 4th ed. (New
York, NY: Gould Publications, 2006).
2
For a complete discussion of behaviorism, see B.F. Skinner, Readers interested in discussing this topic further can
About Behaviorism (New York, NY: Vintage Books, 1976). contact the author at bdfitch@lasd.org.
3
For additional information, see http://psychology.about.com/
od/lindex/g/lawofeffect.htm (accessed on June 16, 2010). Dr. Fitch, a lieutenant with the Los Angeles, California,
4
For a discussion on the proper application of positive rein- Sheriff’s Department, holds faculty positions in the
forcement, see Aubrey C. Daniels, Other People’s Habits: How Psychology Department at California State University,
to Use Positive Reinforcement to Bring Out the Best in People Long Beach, and with the Organizational Leadership
Around You (Atlanta, GA: Performance Management Publica- Program at Woodbury University.
tions, 2007).

March 2011 / 15
Perspective

Principles of Effective
Law Enforcement Leadership
By Dan Willis

© Mark C. Ide

D eveloping into an effective law enforce-


ment leader is a continuous, personal
learning process. Leadership is a career-long
persistent efforts to proactively develop them-
selves and motivate, inspire, train, and develop
others. Through personal self-analysis and self-
journey of self-discovery and learning from oth- discipline, managers can develop those principles
ers. It involves subjugating personal interests to that have proven effective and influential with
the greater good of others through self-giving and others.
mentoring, developing and promoting those who Eight principles of effective law enforce-
work for us. It is a process of steadfastly working ment leadership—if consistently developed and
to fulfill the purpose of our organizations to de- improved upon—can enable any manager to be-
velop effective law enforcement leaders capable come more influential. Our challenge as manag-
of combating crime and protecting the innocent. ers is to continually self-evaluate to see what we
Managers do not merely hold a position proactively can do to develop and enhance these
but possess a distinct responsibility requiring qualities within ourselves.

16 / FBI Law Enforcement Bulletin


1) Service 3) Integrity
The effective manager exemplifies service, Developing and demonstrating integrity is
self-giving, and selflessness. The core purpose of essential for all law enforcement managers. Integ-
coming to work every day is to serve, to give our rity depends on consistently doing what is right,
complete attention and effort toward developing meaning that which is in the best interest of the
and enhancing the abilities and interests of others. organization and of others. When others see that
Our primary objective is to motivate others to our motives are geared toward their own growth
work to their greatest potential toward preventing and development and in serving the purpose of
crime, ensuring professional and compassionate the organization before any thought for ourselves,
service to the public, and apprehending those who then they readily will trust and follow us.
prey upon others. The essence of our profession
is to serve and give of ourselves toward a greater 4) Humility
good with the highest work ethic possible. Humility is a most vital principle in effective
leadership. True humility is
2) Honesty the quality of always looking
Honesty is essential in for ways to learn from oth-
both our personal and pro-
fessional lives. Those who
work for us depend upon our
honesty with them in guiding
“ Developing
into an effective law
ers and improve ourselves.
Humility allows others to
feel comfortable to come to
us with ideas and initiative.
their development and pro- enforcement leader is Humble managers actively
viding objective, construc- a continuous, personal seek the thoughts and advice
tive feedback on their work learning process. of others and look for ways
performance. Managers’ to use ideas from others to
written and oral communica- make the organization more
tions always must be honest
and forthright, without ever
hiding or minimizing any-
thing from those we work for
” dynamic and responsive to
the needs of the employees
and the public. Humble man-
agers must realize that the
and never undercutting their authority. Most im- organization will be there long after they leave,
portant, leaders must be honest with themselves, and it is essential for them to develop the experi-
honestly evaluating areas for growth and personal ence and expertise of those around them.
development.
Honesty also means having the courage to 5) Purpose
professionally tell your commanders your opin- Effective managers must find ways to tap
ions when you believe they have done or are into the understanding and core beliefs of their
about to do something not in the best interest employees to get them to identify with the central
of their position or that of the department. Such purpose and nobility of our work. Through fre-
honest communication is essential in a healthy quent and personal interaction with employees,
organization. managers can find ways to pass on our passion

March 2011 / 17
for the purpose of our work and enable our subor- 8) Trust
dinates to define within themselves a basic under- Effective managers need to trust their em-
standing of the importance of what we do and how ployees. Initiative is crippled when they do not.
we have the potential to affect so many lives for the
And, without initiative, an organization becomes
good. Getting employees to understand that there stagnant and unproductive. Through delegation,
is no more noble work than protecting and serving follow-through, and setting reasonable and clear
the public well is vital for effective management. performance expectations, managers can mentor
and develop their employees while giving them
6) Mentoring the trust that everyone needs to feel. Managers
If they are not looking constantly for ways to must recognize that it is possible for an employee
mentor and develop their employee, managers are to perform a job differently or not as well as they
not truly leading. Managers do. Such performance is an
have a duty and responsibil- integral part of the learning
ity to pass on all that they and development process.
possibly can to those they
supervise. Effective leaders
know how much they are in
debt to so many people for
“ Effective managers
always look for ways to
The more an employee feels
trusted, the more they will
take the initiative and work
harder for their manager.
their own development, and
learn from others and
each has the moral duty to to actively train and Conclusion
teach and develop others in develop them to become Effective law enforce-
return. The more managers future leaders of the ment managers should be
can teach and mentor oth- organization. persistently looking within
ers, the more effective the themselves to honestly evalu-
organization will become.
The effective manager’s most
persistent endeavor is to find
” ate how they can work pro-
actively to develop each of
these principles of leadership.
ways to guide, develop, teach, train, and provide Effective managers always look for ways to learn
experience for those they supervise. from others and to actively train and develop
them to become future leaders of the organization.
7) Positive/Constructive Attitude Through the cultivation of an attitude of service,
Managers who genuinely portray a positive selflessness, giving, and devotion to our core pur-
and constructive attitude are like a magnet that pose as law enforcement officers, we as managers
draws others toward them. Always contagious, can learn how to become more influential with
a positive, optimistic attitude enables employees our employees and to guide them in providing
to look for the good and to try to be constructive the most effective and professional service to the
working to change things for the better. Effective public.
managers consistently should portray the attitude
of moving forward constructively, always looking Lieutenant Willis serves with the La Mesa, California,
for positive improvement and the willing coopera- Police Department.
tion of others.

18 / FBI Law Enforcement Bulletin


Leadership Spotlight

Leadership Etiquette and Common Sense

R ecently promoted or transferred super-


visors can find effectively leading a
new unit or group challenging. Throughout my
• When leading a new team, do not fall prey
to assumptions based on gossip. Sit back
and evaluate your subordinates’ talents.
Review their strengths and weaknesses.
career in law enforcement, I have encountered
exceptional supervisors embodying a number Assess their training and equipment needs.
of positive leadership characteristics; I also Proactively try to understand both your
have seen some ineffective individuals. A brief challenges and theirs. Always be profes-
discussion of both types can provide some sional, honest, and truthful in your interac-
positive messages to future law enforcement tions. Your credibility means everything.
supervisors, managers, and executives. • Mentor your personnel to ensure they are
I recall one supervisor whose insecurity well prepared to safely execute the mis-
and arrogance caused him to order his trusted sion. Value and respect seniority. Have
subordinates to monitor their colleagues for senior personnel help train and develop
derogatory discussions about him. Another junior officers. Formulate reasonable goals
supervisor was so inexperienced and paranoid for your people with clearly defined objec-
that when a frivolous complaint was levied tives. Always lead in a manner toward
against a subordinate, he personally inter- accomplishing the mission.
viewed all parties, creating needless chaos • As an agent of affirmative change for your
and impacting his credibility. I also remember personnel, you are their conduit to up-
receiving an excellent yearly evaluation from per management. You serve as the ethical
a second-line supervisor I worked with for a compass guiding their ambassadorship to
number of years. Also present at my appraisal the general public. Represent the depart-
was a new first-line supervisor who, despite ment with distinction, pride, honor, and
my great evaluation, said to me, “I heard you civility.
have problems with women and that you’re
a hot head.” Both my second-line supervisor • True leadership is not bestowed based on
and I were shocked, and I was offended. In a promotion. You earn respect for your
a professional manner, I firmly denied these leadership abilities through servant leader-
false, hurtful allegations, which contradict my ship, trust, and mutual understanding. As
character and life circumstances. a leader, your best moments will occur
My interaction with extraordinary lead- when you relish in the background of your
ers, tempered by my contact with unsuccess- team’s success.
ful managers, has led me to compile a list of
valued leadership traits and skills. Cultivating Resident Agent in Charge Thomas J. Karabanoff
the behaviors and qualities on this list simply of the U.S. Fish and Wildlife Service, Office of Law
Enforcement, northern Texas/Oklahoma district,
requires exercising leadership etiquette and prepared this Leadership Spotlight.
common sense.

March 2011 / 19
Police Practice

Petersburg Bureau of Police


Decreasing Urban Crime
By Esther Hyatt, M.S.W., and John Dixon III

P etersburg, located in south central Virginia,


has a population of about 30,000 people
and encompasses 23 square miles—relatively
important to the transformation have included of-
ficer accountability, community involvement, and
partnerships.
compact compared with surrounding jurisdictions.
The city also sits approximately 25 miles south of A Safer Community
Richmond, the state capital. From January 2005 to Violent crime decreased drastically, going from
December 2008, an alarming increase in violent 654 incidents in 2008 to 329 incidents in 2009, a
crime occurred, earning Petersburg the notorious 50 percent decline. Violent crime includes murder,
distinction of the most violent city per capita and nonnegligent manslaughter, aggravated assault,
the most dangerous place to live in the state. forcible sex offenses, and robbery. Property crimes
Fortunately, however, crime has plum- also declined during this period.
meted from synergistic improvements in public Of the 329 violent crimes in 2009, most
safety with input from law enforcement, com- notably contributing to the decrease were a 49
munity agencies, residents, elected officials, percent reduction in aggravated assaults and a 52
and media partners. Key philosophical tenets percent decline in robberies. In 2008, 335 cases of

20 / FBI Law Enforcement Bulletin


aggravated assault occurred, compared with 170 operated at 75 percent capacity of sworn officers,
incidents in 2009. The number of robberies fell with only 80 of the then-authorized 112 positions
from 257 to 122 during the same time frame. In filled. A federal grant through the Recovery Act
2008, the city experienced 4,777 property crimes, of 2009 allowed the agency to increase its sworn
compared with 3,430 in 2009. Theft from autos strength by 5 officers to 117 positions. Since the
encompassed a large number of total property salary increase in July 2008, 16 certified officers
crimes; according to an analysis of police reports, from other jurisdictions joined Petersburg’s force.
most items stolen were valuables left in plain view.Of those, only 2 have resigned from the depart-
Incidents of property crime could be significantly ment, making retention the highest it has been in
lower if individuals would use extra vigilance over a decade.
by removing visible valuables from unattended Community involvement has contributed
vehicles. significantly to the reduction of crime within the
This trend has continued. The first 6 months of city. Officers are directly involved with Petersburg
2010 have shown further decreases of 30 percent Dinwiddie Crime Solvers; the Police Summer
in violent crime. The agency’s strategy certainly Youth Enrichment Program; Neighborhood Watch
has resulted in a safer city. groups; community events, such as National Night
Out Against Crime; community-based crime trends
A Successful Effort meetings; and themed academies. The chief’s office
The successful crime decline has resulted from coordinated community picnics during potentially
several key elements. Some of these include an in- volatile summer months with local motorcycle
creased retention rate of officers, successful grant groups in various parts of the city, and merchants
attainment, strategic focus on crime patterns, and eagerly donated food, supplies, and games. Radio
community ownership and
shared responsibility in crime
control. Violent Crimes Comparison
During the period of 2007 Murder/Nonnegligent Manslaughter; Aggravated Assault; Forcible Sex Offenses and Robbery

and the first half of 2008, a


Petersburg police officer’s 700
salary was significantly less
than in surrounding jurisdic- 600 654
tions. Concerned citizens 500
of Violent Crrim es

pressured city council with a 542


petition of nearly 300 signa- 400 469
tures, letters to the newspaper 404
300
editor, public comments, 329
Num ber o

and community rallies, all of 200


which resulted in the highest
single-time increase in police 100
salaries. Dispatchers and
0
other administrative person-
nel also received raises. In
May 2008, the department 2005 2006 2007 2008 2009

March 2011 / 21
Group A Offenses Comparison
Murder/Nonnegligent Manslaughter; Kidnapping/Abduction, Forcible Sex Offenses; Robbery/Aggravated Assault; Simple Assault/Intimidation; Arson;
Extortion/Blackmail; Burglary; Larceny; Motor Vehicle Theft; Counterfeiting/Forgery; Fraud; Embezzlement; Stolen Property; Destruction/Vandalism; Drug Narcotic
Offenses; Non-forcible Sex Offenses; Pornography; Gambling; Prostitution; Bribery; and Weapon Law Violations

8000
7000 7282 7417
6911 7098 7131
6000
Num ber of G roup A O fffenses

6291 6347
5853 5890
5000
5042
4000
3000
2000
1000
0
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

personalities hosted summer events, which added prominently featured on the site. The organization
a greater attraction to the large crowds. Children celebrates 25 years of existence in 2010 and has
participated in bike rodeos and received compli- a strong, transparent, and accountable board of
mentary safety helmets to encourage safe outdoor volunteers representing businesses, community
physical activity. Several community groups and leaders, and government bodies.
organizations exist within Petersburg, including Technology advancements also have led to
Petersburg/Dinwiddie Crime Solvers, Summer the drop in crime. Improved training and the use
Youth Enrichment, and 22 Neighborhood Watch of more sophisticated computer systems to allow
groups. Community events include Police and for real-time processing of crime incidents had an
Community Together (PACT), National Night Out immediate impact. Officers have the capability to
Against Crime, and community focus groups. One use mobile data terminals in their vehicles to log
of the major goals of these community groups is to reports from the field, rather than traveling to and
get as many civilians as possible to participate in spending time at the station typing reports. This
anticrime efforts. has increased statistical accuracy and enhanced the
Community involvement also includes the submission of data to law enforcement regulating
anonymous tips system Crime Solvers. Peters- bodies.
burg Dinwiddie Crime Solvers, a nonprofit orga-
nization, allows citizens to report crimes or the Conclusion
whereabouts of fugitives. Its Web site, http://www. The combination of focused management and
pdcrimesolvers.org, has had a 67 percent increase encouragement to address problems while holding
in visitors because of the addition of fugitive officers accountable has made a profound differ-
photos in the winter of 2009. In some cases, fugi- ence in the prevention, response, and ownership of
tives have turned themselves in after becoming public safety in Petersburg, Virginia. By creating

22 / FBI Law Enforcement Bulletin


a culture of competency, high standards, and Teamwork has been an essential component in dramati-
constant communication with citizens, the city has cally reducing the crime rate. In addition to Chief Dixon,
the team includes Major Charlene Hinton, chief of staff;
experienced the largest crime drop in a decade. Of Major Lewis James, chief of investigations; Major Bill
significance, the transformation has been success- Rohde, chief of operations; Captain Gregory Ozmar,
ful citywide, not merely an improvement limited department inspector; Sherwood Young, communications
to small areas. Petersburg’s success demonstrates director; Esther Hyatt, who is in charge of Crime Solvers,
that crime in urban areas can be successfully payroll, grants, and public information; and Randy Mason,
who manages technology. Additionally, there are several
counteracted. special units led by individuals who also participate in
developing and implementing the department’s strategic
vision.
Ms. Hyatt is a public information official with the
Petersburg, Virginia, Bureau of Police. Chief John Dixon III invites queries for more information.
Contact him at http://www.petersburg-va.org/police/index.
Chief Dixon heads the Petersburg, Virginia, Bureau
asp; 37 East Tabb Street, Petersburg, Virginia 23803; or
of Police.
804-732-4222.

Bulletin Honors

Essex County Police


Academy Law Enforcement
Officer Memorial
The Essex County College Police Academy,
located in Cedar Grove, New Jersey, held a dedi-
cation ceremony for its recently constructed law
enforcement officer memorial on June 7, 2010.
The monument displays the names of 84 law
enforcement officers who sacrificed their lives to
protect the citizens of Essex County. The names
date as far back as 1854 and include officers from
14 different agencies in the county. The 7-foot-
tall stone monument bears the academy’s insignia
and has two dark, pointed granite pillars on either
side. Surrounding the memorial are stones in-
scribed with the names of individual or corporate
donors who wish to honor these fallen officers.

March 2011 / 23
Bulletin Report

Roadside Visibility Issues


Keeping Officers Safe on the Road, written retroreflective striping that reflects light back to its
by Beth Pearsall, contains information from sev- source) that provide information about their size,
eral reports that highlight visibility issues for law position, speed, and direction of travel so drivers
enforcement and safety personnel responding to can take suitable action.
roadside incidents. The National Institute of Justice Some emergency response fields have national
(NIJ) collaborated with fire service and automo- standards that govern the visibility of vehicles. The
tive engineering agencies on several studies that National Fire Protection Association’s Standard for
address roadway safety. Increasing emergency Automotive Fire Apparatus requires fire trucks and
vehicle visibility and developing training and tools ambulances in the United States to have retroreflec-
aimed at keeping first responders safe on the road tive striping and markings in multiple locations.
emerged as the next steps in the effort to prevent Although law enforcement does not have a similar
future tragedies. national standard, many agencies apply retroreflec-
tive markings to patrol cars, motorcycles, and other
The Human Toll vehicles. In addition, the demands of the law en-
Preliminary data for 2009 from the National forcement profession create unique visibility issues.
Law Enforcement Officers Memorial Fund showed Under certain circumstances, officers may need to
that for the 12th year in a row, more officers were have their vehicles become nearly invisible to other
killed in the line of duty in traffic incidents than drivers, so a balance must occur between high vis-
from any other cause of death, including shootings. ibility versus stealth situations.
According to a U.S. Fire Administration study for
2008, 28 out of the 118 firefighters who died while The Studies
on duty were killed in vehicle crashes. Another 5 The NIJ-funded research conducted by the
were struck and killed by vehicles. These sobering U.S. Fire Administration and the International Fire
statistics clearly demonstrate the need to protect Service Training Association took a closer look at
law enforcement officers, firefighters, and other some commercially available products to determine
first responders as they perform their duties on the whether they help increase emergency vehicle vis-
nation’s streets and highways. ibility and improve roadway safety for emergency
responders and the public. Researchers found that
The Standards retroreflective materials can help heighten emer-
Several factors affect a vehicle’s visibility, in- gency vehicle visibility, especially during nighttime
cluding its size and color. Environmental condi- conditions; contrasting colors can help civilian
tions, such as the weather and time of day, also drivers find a hazard amid the visual clutter of the
play a role in whether drivers easily can see emer- roadway; and fluorescent colors, especially yellow-
gency vehicles along the road. Emergency vehi- green and orange, offer higher visibility during
cles have features designed to draw attention to daylight hours. They also identified ways for first
them (e.g., warning lights, sirens and horns, and responders to improve the ability of civilian drivers

24 / FBI Law Enforcement Bulletin


© Connecticut State Police/Photo Unit

to see and recognize emergency vehicles, including Valley Volunteer Firemen’s Association’s Emer-
using retroreflective material to outline an emer- gency Responder Safety Institute to create Re-
gency vehicle; placing these markings lower on the sponderSafety.com. This Web site contains the lat-
vehicles to take advantage of headlights from ap- est news and training on roadside safety, as well
proaching traffic; using fluorescent retroreflective as recent cases of on-duty responders injured or
material when responders want a high degree of killed by vehicles. The site aims to become a place
day- and nighttime visibility; and applying distinc- where transportation, public safety, and emergency
tive logos or emblems made with retroreflective personnel around the country can share lessons
material to improve emergency vehicle visibility learned, thus helping them to respond more safely
and recognition. and effectively to roadway incidents.
The U.S. Fire Administration and the Society The U.S. Fire Administration also worked with
of Automotive Engineers conducted a separate the International Association of Firefighters to de-
NIJ-funded study to examine warning lights. Re- velop “Improving Apparatus Response and Road-
searchers looked specifically at how the color and way Operations Safety for the Career Fire Service,”
intensity of warning lights affect driver vision and a separate Web-based training program. The two
emergency vehicle safety during the day and night. organizations are expanding this to cover all emer-
They examined whether the lights alerted driv- gency responders, including law enforcement.
ers to the presence and location of an emergency
vehicle as intended or whether they unnecessarily Conclusion
distracted drivers or hindered their ability to de- Roadside safety issues are complex. Using
tect emergency responders on foot. Based on the warning lights and retroreflective material to in-
findings from this study, researchers offered three crease an emergency vehicle’s visibility is just one
recommendations. important focus area. Setting up a proper safety
1. Consider different intensity levels of warning zone at the scene of an accident or other roadside
lights for day and night. hazard, as well as increasing the visibility of emer-
gency responders on foot, also is critical. Perhaps
2. Make more overall use of blue lights both day one of the most essential parts of the equation is
and night. the alertness of civilian drivers and their ability to
3. Use color to make a clear visual distinction recognize an emergency vehicle and take suitable
between parked emergency vehicles in two action.
different paths. The National Institute of Justice is continuing
to work with law enforcement, firefighters, and
The Tools other emergency responders, as well as the public,
NIJ also has supported developing Web-based to address these concerns and help improve safety
tools that will help improve the safety of law en- for everyone on the road. To read the complete
forcement officers, firefighters, and other emer- report (NCJ 229885), access the National Criminal
gency responders on the roadways. The U.S. Fire Justice Reference Service’s Web site, http://www.
Administration collaborated with the Cumberland ncjrs.gov.

March 2011 / 25
Legal Digest
© Mark C. Ide

© Thinkstock.com

The Emergency Aid Exception


to the Fourth Amendment’s
Warrant Requirement
By MICHAEL T. PETTRY, J.D.

rom a structure billow- conducting a search, emergen- without warrants in situations

F ing smoke to a desperate


cry for help from within
a home, officers routinely con-
cy situations do not allow them
the opportunity to wait. In such
instances, officers must make
normally requiring them but
presenting exigent circumstanc-
es that prohibit investigators
front a variety of situations that split-second decisions as to from proceeding as deliber-
require them to act swiftly and whether they should intervene ately as usual. This discussion
decisively. Unlike the more tra- to assist someone in immediate will address the circumstances
ditional functions of law en- danger or prevent a potentially giving rise to this authority
forcement that generally afford violent situation from and limitations on how far the
officers adequate time to inves- escalating. officer can proceed without
tigate crime and develop the ap- To this end, the author will securing a warrant, incorporat-
propriate legal justification be- address the authority of law ing Supreme Court treatment of
fore arresting a perpetrator or enforcement officers to act this issue.

26 / FBI Law Enforcement Bulletin


Objective Reasonableness within the terms “exigent In the event officers must
The need for law enforce- circumstances”…e.g., smoke enter an area where an indi-
ment to intervene in the face of coming out a window or un- vidual has a reasonable expec-
a crisis without the requirement der a door, the sound of gun- tation of privacy, the Fourth
of judicial oversight has long fire in a house, threats from Amendment’s protection against
been recognized by the judicia- the inside to shoot through “unreasonable searches and sei-
ry. As Chief Justice (then Judge) the door at police, reasonable zures” is inevitably implicated.3
Burger noted in Wayne v.United grounds to believe an injured As the Supreme Court held in
States: or seriously ill person is be- the landmark case of Katz v.
[A] warrant is not required ing held within.1 United States,4 only “reason-
to break down a door to enter More recently, noted Fourth able” searches are permitted
a burning home to rescue Amendment scholar Wayne R. under the Fourth Amendment,
occupants or extinguish a LaFave wrote: “[B]y design and, in the absence of one of the
fire, to prevent a shooting or or default, the police are also judicially recognized exceptions
to bring emergency aid to expected to reduce the oppor- to the warrant requirement,
an injured person. The need tunities for the commission of searches conducted without a
to protect or preserve life or some crimes through preventive warrant are, per se, unreason-
avoid serious injury is jus- patrol and other measures, aid able. If the government enters
tification for what would be individuals who are in danger an individual’s home without
otherwise illegal absent an of physical harm, assist those having previously secured a
exigency or emergency. Fires who cannot care for themselves, warrant, the entry will be con-
or dead bodies are reported resolve conflict, create and sidered “presumptively unrea-
to police by cranks where maintain a feeling of security sonable.”5
no fires or bodies are to be in the community, and provide In spite of the presump-
found. Acting in response to other services on an emergency tion that a police officer’s entry
reports of “dead bodies,” the basis.”2 without a warrant into a home is
police may find the “bod-
ies” to be common drunks,
diabetics in shock, or dis-
tressed cardiac patients. But
the business of policemen
and firemen is to act, not
to speculate or meditate on
whether the report is cor-
“ The need for law
enforcement to intervene
in the face of a crisis
without the requirement
rect. People could well die in of judicial oversight has
emergencies if police tried to long been recognized by
act with the calm deliberation
associated with the judicial
the judiciary.


process. Even the apparently
dead often are saved by swift
police response. A myriad Special Agent Pettry is a legal instructor at the FBI Academy.
of circumstances could fall

March 2011 / 27
unlawful, both state and federal the extent to which law enforce- in Brigham City was whether
courts consistently have held ment can act without a warrant “police may enter a home with-
that various situations exist that once the emergency is over— out a warrant when they have
because of their nature permit its language has been used by an objectively reasonable basis
a warrantless search.6 Included courts to clarify the circum- for believing that an occupant is
among the judicially recog- stances under which officers can seriously injured or imminently
nized exceptions to the Fourth make warrantless entries and threatened with such injury.”14
Amendment’s warrant require- conduct searches in emergency In this case, officers responded
ment is the exigent circumstanc- situations. in the early morning hours to a
es exception. The United States call regarding a loud party at a


Court of Appeals for the Sixth residence. Officers approached
Circuit in United States v. Wil- the residence after hearing
liams described this exception shouting from inside. As they
as including “situations where …officers have the approached the home, the offi-
real immediate and serious con- authority to make cers also observed two juveniles
sequences will certainly occur if warrantless entries drinking beer in the backyard.
a police officer postpones action into…areas protected by From their vantage point in the
to obtain a warrant.”7 Examples the Fourth Amendment backyard, the officers observed
of this exception are warrantless to resolve emergency an altercation taking place
entries onto private property situations provided they inside of the home through a
to fight fire and investigate its have an objectively screen door and windows. At
cause,8 to prevent the imminent reasonable basis to the time they looked into the
destruction of evidence,9 and do so. home, the officers observed
to engage in “hot pursuit” of a several adults attempting to


fleeing subject.10 restrain a juvenile.15 The young
In recognition of the need person managed to break free
for police officers to respond of the adults’ grasp and struck
appropriately to emergency In 2006, the Supreme Court one of them in the face with his
situations, the Supreme Court specifically addressed the emer- fist.16 The victim of the blow
noted in its decision in Mincey gency aid exception in Brigham proceeded to spit blood into a
v. Arizona that “the Fourth City v. Stuart.12 During the nearby sink as the other adults
Amendment does not bar police 2009-2010 term, the Supreme tried to restrain the juvenile
officers from making warrant- Court again addressed this ex- by “pressing him up against a
less entries and searches when ception in Michigan v. Fisher.13 refrigerator with such force that
they reasonably believe that a These decisions provide signifi- the refrigerator began moving
person within [a private resi- cant clarification of the legal ba- across the floor.”17 At this point,
dence] is in need of immediate sis upon which officers render- one of the responding officers
11
aid.” Although the holding in ing emergency aid to others can opened the screen door and an-
Mincey was limited to the ques- make warrantless entries into nounced the officers’ presence.
tion of whether there existed a homes and other areas protected Because of the chaos unfolding
“crime scene exception” to the by the Fourth Amendment. inside of the home, none of the
Fourth Amendment’s warrant The specific issue ad- occupants responded, and the
requirement—in other words, dressed by the Supreme Court officers entered the kitchen,

28 / FBI Law Enforcement Bulletin


where they again announced for what would be otherwise question are reasonable as op-
their presence.18 The altercation illegal absent an exigency or posed to focusing on the subjec-
ended shortly after the occu- emergency.”22 tive motivations of the officer.
pants discovered that the police Although the defendant in According to the Court, “the
had entered the home. Once in- this case, Stuart conceded that issue is not his state of mind,
side, the officers arrested Stuart the Fourth Amendment permits but the objective effect of his
and several other occupants for officers to take appropriate ac- actions.”24 An officer’s subjec-
contributing to the delinquency tion to respond to an emergency tive motivation or intention is
of a minor, disorderly conduct, situation. He urged the Court to irrelevant in such instances.25
and intoxication. uphold the lower court’s ruling In applying this principle to the
Prior to trial, the defendants that the officers’ actions were facts in Brigham City, the Court
filed a motion to suppress all unreasonable for other reasons. stated that “[i]t therefore does
evidence, claiming that the First, Stuart argued that the of- not matter here—even if their
officers’ warrantless entry into ficers’ actions should be viewed subjective motives could be so
the home violated the Fourth as unreasonable as their true neatly unraveled—whether the
Amendment.19 The trial court officers entered the kitchen to
agreed that the evidence should arrest respondents and gather
be suppressed. The Utah Court evidence against them or to
of Appeals and the Utah Su- assist the injured and prevent
preme Court upheld this deci- further violence.”26
sion.20 The city appealed these The Court also rejected Stu-
rulings to the U.S. Supreme art’s contention that the alterca-
Court, which agreed to hear the tion the officers observed was
case to provide much-needed not serious enough to justify
guidance as to what Fourth their warrantless entry into the
Amendment standard should home. In support of his argu-
govern law enforcement offi- ment, Stuart attempted to draw
cers’ warrantless entries to pro- an analogy between the facts in
tected areas under the “emer- this case and those in Welsh v.
gency aid” exception. © Mark C. Ide Wisconsin, where the Supreme
In its unanimous decision Court held that “an important
reversing the ruling of the Utah intent in entering the home was factor to be considered when
Supreme Court, the Supreme to effect an arrest rather than to determining whether any exi-
Court recognized that “[o]ne render emergency assistance.23 gency exists is the gravity of the
exigency obviating the require- The Supreme Court expressly underlying offense for which
ment of a warrant is the need rejected Stuart’s argument, the arrest is being made.”27
to assist persons who are seri- citing well-established Fourth In Welsh, the Supreme Court
ously injured or threatened Amendment principles that held that the officers’ warrant-
withsuch injury.”21 The Court stand for the proposition that the less entry into a home to arrest
further added that “[t]he need to appropriate focus in evaluating a suspect for driving under
protect or preserve life or avoid an officer’s actions is deciding the influence was not justified
seri-ous injury is justification whether the specific actions in because the only “potential

March 2011 / 29
emergency” confronting the of- enforcement officers, the Court “knock and announce” rule, the
ficers was the need to preserve further noted that “[t]he role of Court noted that the officer’s
evidence (the suspect’s blood a peace officer includes prevent- announcement of his presence
alcohol level). In finding that ing violence and restoring order, may have been the only op-
the officers’ actions violated the not simply rendering first aid to tion given the noise and chaos
Fourth Amendment, the Court casualties; an officer is not like within the home. Under these
noted that “[b]efore agents of a boxing (or hockey) referee, circumstances, once they had
the government may invade the poised to stop a bout only if it announced their presence, the
sanctity of the home, the burden becomes too one-sided.”31 officers were permitted to enter
is on the government to dem- the home as “it would serve no
onstrate exigent circumstances purpose to require them to stand


that overcome the presumption dumbly at the door awaiting
of unreasonableness that at- a response while those within
taches to all warrantless home Included among the brawled on, oblivious to their
entries.”28 presence.”33
What made Brigham City
judicially recognized In its 2009 term, the Su-
different, according to the exceptions to the Fourth preme Court decided Fisher,
Court, was the fact that “the Amendment’s warrant which, like Brigham City,
officers were confronted with requirement is the involved officers’ entry into a
ongoing violence within the exigent circumstances residence without a warrant to
29
home.” It was this key dis- exception. respond to an emergency situ-
tinction between the cases that ation. In Fisher, local police


served to make the officers’ responded to a disturbance
actions reasonable. Rather than call and, as they approached
simply trying to procure evi- the area, were met by a couple
dence for eventual use at trial, In addition to finding that who directed them to a resi-
the officers in Brigham City the officers’ entry into the home dence where a man was “going
faced a situation that presented was reasonable, the Court also crazy.”34 Upon their arrival at
a very real risk of serious injury found their manner of entry the home, the officers found a
to those involved. As the Court appropriate under the circum- pickup truck in the driveway
noted, “the officers had an stances. After witnessing the with front-end damage and
objectively reasonable basis for assault, one of the officers damaged fence posts along the
believing both that the injured opened the screen door to the side of the property.35 The of-
adult might need help and that home and yelled “police.”32 ficers further noted that several
the violence in the kitchen was When there was no response, of the home’s windows were
just the beginning. Nothing in the officer then stepped into the broken and that there was blood
the Fourth Amendment required kitchen and again announced on the hood of the pickup, the
them to wait until another his presence. Only then did clothes inside of it, and one
blow rendered someone ‘un- the melee begin to subside. In of the doors to the house.36
conscious’ or ‘semiconscious’ reaching its determination that Through a window, the officers
or worse before entering.”30 In the officers’ entry into the home observed Fisher screaming and
language that plainly describes was reasonable and did not throwing things inside of the
the realities confronted by law violate the Fourth Amendment’s house.37

30 / FBI Law Enforcement Bulletin


The officers knocked on the The U.S. Supreme Court, the facts known to them at
door, but Fisher refused to an- in a per curiam opinion, re- the time and not a “hindsight
swer. After noticing a cut on his versed the Michigan Court of determination that there was in
hand, the officers inquired if he Appeals’ decision, finding that fact no emergency.”44 The Court
needed medical attention. Fisher the state court’s rulings were concluded that “it was reason-
ignored the officers’ questions contrary to a long line of rel- able to believe that Fisher had
and demanded that they obtain evant Fourth Amendment cases, hurt himself (albeit nonfatally)
a search warrant. One of the of- particularly Brigham City.42 and needed treatment that in his
ficers then pushed the front door As discussed earlier, the Court rage he was unable to provide,
partially open and entered the in Brigham City held that the or that Fisher was about to hurt,
home. Upon observing Fisher officers’ warrantless entry into or had already hurt, someone
pointing a gun at him, the offi- a home was reasonable under else.”45
cer retreated from the residence. the Fourth Amendment as they
Subsequent to the incident Limitations on Authority
at the home, Fisher was charged As the Fisher and Brigham
in state court with assault with City decisions both illustrate,
a dangerous weapon and pos- law enforcement officers have
session of a firearm during the the authority to make warrant-
commission of a felony.38 Prior less entries into residences and
to trial, Fisher filed a motion to other areas protected by the
suppress the officer’s observa- Fourth Amendment to resolve
tion that he possessed a fire- emergency situations provided
arm, claiming that the officer’s they have an objectively reason-
entry into the home violated the able basis to do so. However,
Fourth Amendment.39 The trial once the emergency situation
court agreed with Fisher. This has been addressed, their ability
decision was affirmed by the to conduct further investigation
© Mark C. Ide
Michigan Court of Appeals on may be limited. As noted, “[O]
grounds that the situation the had an objectively reasonable nce the exigent circumstances
officers encountered at the basis for believing that a person have been extinguished and the
home “did not rise to a level of located therein needed immedi- purpose of the scene’s exami-
emergency justifying the war- ate assistance. In applying this nation has evolved into one in
rantless intrusion into a resi- standard to the facts presented which evidence to be used in
dence.”40 The Court acknowl- in Fisher, the Court found that a criminal proceeding is being
edged that “there was evidence the emergency aid exception sought, the warrant requirement
an injured person was on the permitted the officers to enter of the Fourth Amendment is
premises,” but based its deci- the home even if they did not reestablished and must be scru-
sion to affirm the lower court’s have “ironclad proof” of a life- pulously honored.”46
ruling on the fact that “the mere threatening situation.43 What
drops of blood did not signal a was important was whether the Conclusion
likely serious, life-threatening officers’ actions were objec- Although courts have long
injury.”41 tively reasonable based upon recognized the existence of an

March 2011 / 31
3
exigent circumstance excep- U.S. Const. amend. IV. Brigham City v. Stuart, 57 P.3d 1111 (Utah
4
tion to the Fourth Amend- 389 U.S. 347, 357 (1967). App. 2002).
5 21
Payton v. New York, 445 U.S. 573, Id. at 403.
ment’s warrant requirement, 586 (1980). 22
Id. at 403 (quoting Mincey, supra, at
the Supreme Court’s decisions 6
See, e.g., Blake v. State, 954 A.2d 315 392).
in Brigham City and Fisher (Del. 2008); State v. Cline, 696 S.E. 2d 554 23
Id. at 404.
24
provide much-needed guid- (N.C. App. 2010); United States v. Porter, Id. at 404 (quoting Whren v. United
ance to officers who routinely 594 F.3d 1251 (10th Cir. 2010). States, 517 U.S. 806 (1996)).
7 25
354 F.3d 497, 503 (6th Cir. 2003) See Bond v. United States, 529 U.S.
confront situations, such as (internal quotations omitted). 334, 338 n. 2 (2000).
those present in these two cases. 8
Michigan v. Tyler, 436 U.S. 499, 509 26
Id. at 405.
Reliance on an objective rea- (1978). 27
Id. at 405 (quoting Welsh v. Wiscon-
9
sonableness standard allows Ker v. California, 374 U.S. 23, 40 sin, 466 U.S. 740, 753 (1984).
28
(1963). Welsh at 750.
for scrutiny based on the facts 10 29
United States v. Santana, 427 U.S. Id.
and circumstances confronting 38, 42 (1976). 30
Id. at 406.
law enforcement at the time, as 31
Id.
opposed to guesswork regard- 32
Id.


33
ing the officers’ intentions and Id. at 407.
34
Fisher at 547.
consideration of information 35
Id.
learned after the fact. 36
Id.
The legal standard set forth Reliance on an 37
Id.
by the Court in these cases objective reasonableness 38
Id.
enables officers to make on- standard allows for 39
Id.
40
the-spot decisions as to whether scrutiny based on the 41
Id. at 549.
Id. The Michigan Supreme Court
they should enter a home or facts and circumstances agreed to hear the case, but, after hearing
other dwelling to resolve an confronting law oral argument, vacated its order and let the
emergency situation. Because enforcement at the lower court’s ruling stand.
42
the government has the burden Id. at 548.
time…. 43
Fisher at 549 (internal quotations
of justifying warrantless search- omitted).


es and seizures occurring under 44
Id.
this exception, officers need 45
Id.
to fully articulate the specific 46
Lucy Ann Hoover, “Law Enforce-
facts and circumstances known 11
437 U.S. 385, 392 (1978). ment Response at a Crisis Scene: Protect-
12
547 U.S. 398 (2006); see, e.g., United ing Lives and Preserving the Admissibil-
to them at the time they acted. ity of Evidence,” FBI Law Enforcement
States v. Holloway, 290 F.3d 1331, 1337
This is essential because the (11th Cir. 2002); State v. Frankel, 179 N.J. Bulletin, April 2006, p. 30.
courts use an examination of the 586 A.2d 561 (2004), cert. denied; 543 47
See, United States v. Najar, 451 F.3d
totality of the circumstances to U.S. 876, 125 S. Ct. 108, 160 L.Ed. 2d 128 710 (10th Cir. 2006).
determine whether officers had (2004).
13
reasonable grounds to act.47 130 S. Ct. 546 (2009).
14
547 U.S. 400 (2006). Law enforcement officers of other than
15
Id. at 401. federal jurisdiction who are interested
Endnotes 16
Id. in this article should consult their legal
17
1
318 F.2d 205, 212; 115 U.S. App.D.C. Id. advisors. Some police procedures ruled
18
234, 241 (D.C. Cir. 1963). Id. permissible under federal constitutional
19
2
Wayne R. LaFave, 3 Search and Sei- Id. law are of questionable legality under
20
zure: A Treatise on the Fourth Amendment Id. at 401-402; Brigham City v. state law or are not permitted at all.
§ 6.6 (4th ed.) (quotations omitted). Stuart, 122 P.3d 506 (Utah, Feb. 18, 2005);

32 / FBI Law Enforcement Bulletin


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

One early morning, Deputy


Sheriffs Jeremy Battle, Chad
Phillips, and Josh Cochran of the
Gordon County, Georgia, Sheriff’s
Office responded to an automobile
crash. Upon arrival, the officers
witnessed a vehicle fully engulfed
in flames on the side of the road.
One occupant remained inside the
Deputy Battle Deputy Phillips Deputy Cochran
vehicle, and a passerby struggled
to open the driver’s door. Im-
mediately, Deputy Battle doused the flames with a fire extinguisher, and Deputies Phillips and
Cochran attempted to force the vehicle open to remove the driver.
After he exhausted his own fire extinguisher, Deputy Battle ran to a parked tractor trailer in
search of another. As Deputy Battle continued to fight the fire and Deputies Phillips and Cochran
struggled to reach the trapped driver, the vehicle burst into flames at least three more times. De-
spite the grave danger that this inflicted on the officers, they persisted until they could control the
flames, force open the passenger door, and extricate the driver. The victim received emergency
medical attention and flew by helicopter to a nearby hospital.

One weekend, during an off-duty rafting trip, Corporal Neal Mora of the
Texas City, Texas, Police Department rescued a fellow officer’s son from
drowning. As Corporal Mora prepared his raft along the bank of the river,
he noticed the 7-year-old child in serious distress. The boy was struggling to
swim to safety in the rough river and was in imminent danger of drowning.
Corporal Mora swam to the child, who then pulled the officer underwater.
Submerged and unable to breathe, Corporal Mora managed to hold the boy
above the water until other people arrived. Corporal Mora’s actions saved
a child’s life and prevented a tragic loss for a fellow officer and the depart-
Corporal Mora
ment as a whole.
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Patch Call

The patch of the Jefferson Township, New The central emblem on the patch of the San
Jersey, Police Department centers on the nam- Francisco, California, Police Department depicts a
ing of the department’s jurisdiction. The town- phoenix, a mythological bird. According to ancient
ship was incorporated in 1804, the same year as mythology, a phoenix’s tears have magical healing
Thomas Jefferson’s recorded inauguration as the powers, and the creature experiences rebirth from
third president of the United States. As such, the its own ashes after death. Like the phoenix, San
patch displays a profile bust of Thomas Jefferson, Francisco rose from the ashes after a devastating
intersecting U.S. and New Jersey flags, and the fire and earthquake in 1906. In the gold ribbon
year 1804. below the graphic reads the city’s motto, which
translates to “Gold in Peace, Iron in War.”