Академический Документы
Профессиональный Документы
Культура Документы
Volume 68
Number 1
United States
Department of Justice
Federal Bureau of
Investigation
Washington, DC
20535-0001
Louis J. Freeh
Director
Features
Contributors' opinions and
statements should not be
considered an endorsement by
the FBI for any policy, program,
or service. Computers, the Year 2000, The Year 2000 problem holds many
The Attorney General has
determined that the publication
and Law Enforcement 1 challenges for the law enforcement
community.
By Clyde B. Eisenberg
of this periodical is necessary in
the transaction of the public and Teresa F. Slattery
business required by law. Use of
funds for printing this periodical
has been approved by the
Director of the Office of
Management and Budget. Negotiation Concepts Law enforcement administrators must
Cover photos
© Adobe Image Library
I magine it is 8 a.m. on January parameters: 12-24-99 to 01-02-00. stacks of paperwork in their in-bas-
3, 2000, in a busy police de- Shortly after the officers press the kets and discover a memo from the
partment containing many of- enter key, an error message appears communication section supervisor
ficers returning to work after the on their screens: “INVALID DATE to the head of computer mainte-
holidays. They begin the day by RANGE.” Several more attempts nance explaining that no entries can
turning on their personal computers produce the same result. After mak- be made into the statewide crime
that are connected to the depart- ing mental notes to check with the information database for stolen
ment’s local area network. To bring department’s computer mainte- property and missing or wanted
themselves up-to-date, some offic- nance people, the officers begin persons. The memo states that the
ers decide to run a list of all of the checking other systems. problem began on January 1, 2000.
burglaries entered into the depart- However, every time they try to The computer difficulties the
ment’s database during their vaca- access a computer program, they officers encountered earlier and the
tions. They bring up the search get the same error message. A few communication section’s problem
screen and type in the search officers begin to filter through the suddenly become crystal clear. The
January 1999 / 1
including private branch phone sys-
tems, or PBXs, used by many law
enforcement agencies.
The Fix
Unfortunately, fixing the Year
2000 problem will not be easy.
Large system programs contain
millions of lines of programming
code. Because each line must be
individually examined and possibly
Sergeant Eisenberg serves with
altered, computer specialists must
Deputy Slattery serves with the
the Enforcement Operations Enforcement Operations Bureau of spend long periods of time recoding
Bureau of the Hillsborough County the Hillsborough County Sheriff’s programs, resulting in costly, labor-
Sheriff’s Office in Tampa, Florida. Office in Tampa, Florida. intensive changes.
Currently, fixing a single line of
computer code costs approximately
computer programs interpreted the The Problem $1.30. This amount should rise to
ending date (01-02-00) that the of- The problem begins with the about $3.65 by 1999 and to around
ficers attempted to enter for the bur- six-digit date format (two digits $4 by the year 2000.3 Cost estimates
glary search and other activities as each for the month, the day, and the for fixing the problem in the United
the year 1900. The state’s crime year). A computer most likely will States business sector range from
computer database also failed to ac- interpret a year entry of 00 (for $120 to $300 billion. For example,
cept the entries for the same reason. the year 2000) as the year 1900. one banking corporation alone must
For the department’s computer pro- Thus, any programs that involve fix 2,500 computer systems and es-
grams, the year 1900 goes far be- date comparisons, arithmetic func- timates that it will cost about $380
yond the automatic expungement tions, scheduling, forecasting, or million.4 A recent government re-
date, which deletes all data over 50 statistical analysis stand a good port calculates that Year 2000 re-
years old. Some of the officers re- chance of rendering erroneous in- pairs at federal agencies will reach
member reading about the Year formation. Moreover, most law en- $4.7 billion.5
2000 problem but thought that it forcement agencies have their com- In addition to the cost of fixing
would affect only large businesses puters linked to other computer the problem, experts anticipate an
and corporations. How wrong they systems, such as the local court net- influx of Year 2000-related law-
were. works, the county jail, and state and suits. At a recent Year 2000 Task
While the plight of these offic- federal crime information systems.2 Force meeting sponsored by
ers represents a fictional scenario, Consequently, faulty programs Lloyd’s of London, underwriters
experts indicate that such problems sending invalid data may corrupt predicted $1 trillion in litigation in
may become a reality in the very other systems. the United States alone.6
near future. Already, Year 2000 The Year 2000 problem is not
problems have begun to surface. limited merely to midsize or large The Local Approach
For example, holders of credit cards mainframe computers. Many agen- The Hillsborough County
with expiration dates of 2000 or cies have local area networks and Sheriff’s Office (HCSO) in Tampa,
later have encountered difficulties stand-alone computers that prove Florida, has spent the last 4 years
because some businesses have just as susceptible to the problem as writing and modifying programs
failed to update their verification larger computers. Any device that to make them Year 2000 compli-
systems.1 relies on software may be affected, ant. The department’s mainframe
January 1999 / 3
Recommendations pliance report and has developed a professional diagnosis of their sys-
For those government agen- comprehensive written contingency tems and ensure that the costs of
cies that start too late, HCSO pro- plan for all mission-critical systems fixing any problems receive appro-
grammers predict that it will cost and equipment. Further, HCSO pro- priate budgetary priority. Adminis-
them dearly in terms of money, grammers have found a wealth of trators can find a great deal of infor-
time, and aggravation. However, constantly expanding information mation to help them decide what
these agencies may want to try and assistance on the Internet and action to take.
some of the strategies HCSO has have contacted their computer and With today’s modern approach
employed. Specifically, agencies software providers for up-to-date to law enforcement, it arguably can
should: technical support. Also, since 1994, be said that computers often play
1) inventory all of their HCSO has developed more than just as important a role as the officer
systems; 1,000 programs and made them on the street. By waiting until
Year 2000 compliant. These strate- computer problems surface after
2) prioritize the items that gies have helped HCSO face the the year 2000, law enforcement
need to be fixed; challenges of the Year 2000 prob- agencies will be doing a serious dis-
3) develop contingency plans lem and may serve as a blueprint for service to the public they serve.
for all critical items in case other law enforcement agencies. Therefore, administrators must at-
they are not fixed on time or tack this problem with the same ef-
the fix fails; Conclusion fort and determination that law en-
4) establish test environments Law enforcement administra- forcement professionals employ
to verify the integrity of the tors throughout the country must when faced with other challenging
changes, allowing sufficient not underestimate the potential situations.
time for testing; problems that may lie hidden within
Endnotes
5) involve the users in the their computer systems until Janu- 1
D. Poppe, “A $600 Billion Headache;
testing process; ary 1, 2000. Time is most certainly Reprogramming Countless Computers,” The
of the essence, and the further they Miami Herald, July 28, 1997, 22B, 1.
6) obtain written certification delay in addressing the situation, 2
NCIC Technical and Operations Update:
of successful test results; and the greater the probability of not Information Interstate Identification Index
7) provide monthly status Data Change and National Crime Center Date
meeting the rapidly approaching Field Changes, Criminal Justice Information
reports to senior managers. deadline for compliance. Adminis- Services Division, Federal Bureau of Investiga-
HCSO regularly reviews and up- trators at agencies without full-time tion, Washington, DC, September 25, 1997,
dates its monthly Year 2000 com- computer personnel should seek a explained all of the changes the FBI is making
to existing NCIC date field formats, edits, and
document conversion. Users should contact the
FBI’s Criminal Justice Information Services
Division at 304-625-2730 regarding any
Year 2000 Federal Points of Contact concerns or inquiries relating to Year 2000
compliance with FBI information systems.
• Department of Justice 3
Supra note 1.
Kathy Larson, e-mail: larson@usdoj.gov 4
Rajiv Chandrasekaran, “A $50 Billion
• Department of the Treasury ‘Bug,’ Fed Official: Year 2000 Computer Fix
Could Slow Economy,” The Washington Post,
Eldon Colby, e-mail: eldon.colby@cio.treas.gov April 29, 1998, A18.
• U.S. Courts 5
Ibid.
David Schenken, e-mail: schenken@teo.uscourts.gov 6
Peter Leyden and Peter Schwartz, “The
• Bureau of Alcohol, Tobacco and Firearms Long Boom: An Interview with Peter Leyden
and Peter Schwartz,” Barron’s, September 1,
Judy Walters, e-mail: Jlwalters@atf.treas.gov 1997, 17-20.
Subscribe Now
January 1999 / 5
Negotiation Concepts
for Commanders
By GARY W. NOESNER, M.Ed.
January 1999 / 7
active listening skills3 in an effort to During nonhostage situations, in nonhostage incidents, they first
thoughtfully communicate with the individuals barricade themselves or and foremost must demonstrate pa-
hostage taker, defuse the conflict, hold others against their will, not to tience and understanding. Negotia-
and work toward establishing a gain leverage over police to achieve tors buy time while being non-
level of rapport that allows them to a specific goal but to express their threatening and nonjudgmental and
explore problem-solving options anger over events or at the indi- avoiding all actions that may esca-
and progress to a nonviolent resolu- vidual they hold. In such cases, the late the confrontation. Subjects fre-
tion. This approach enables police person being held technically is not quently distrust police motives and
practitioners to de-escalate and de- a hostage, used to secure fulfillment manifest high levels of paranoia.
fuse in a peaceful manner most of a demand, but a victim whom the They often exhibit hypervigilance
volatile conflicts they encounter. subject contemplates harming. Sub- and hypersensitivity to police
This process enjoys an extremely jects holding victims, with whom movements and may overreact with
high success rate in achieving sur- they typically have a prior relation- violence to the slightest provoca-
renders without bloodshed. ship, usually have no substantive tion. Thus, in contrast to hostage
events, the police should handle
Nonhostage Situations
“
nonhostage incidents using a low-
In contrast to hostage situa- profile containment scheme that is
tions, in nonhostage incidents, indi- less confrontative and demonstrates
viduals act in an emotional, sense- Risk-effective peaceful intentions. This serves to
less, and often-self-destructive way. tactical avoid provoking undesirable re-
Unable to control their emotions in intervention sponses from the subject.
response to life’s many stressors, options require By applying active listening
they are motivated by anger, rage, skills, the negotiation team properly
frustration, hurt, confusion, or de-
detailed planning pursues a strategy that attempts to
pression. They have no clear goals and flawless lower subjects’ emotions, defuse
and often exhibit purposeless, self- execution. anger, and return the subjects to
defeating behavior. Such individu- more rational thinking. The nego-
”
als have either no substantive or es- tiator works toward building trust
cape demands or totally unrealistic and rapport by demonstrating un-
demands for which they would have demands because they neither need derstanding of and concern for sub-
no reasonable expectation of fulfill- nor want anything from the police. jects. Negotiators should specifi-
ment. Disgruntled employees, jilted What they want is what they already cally demonstrate through word and
lovers, rejected spouses, aggrieved have, the victim. In these cases, the expression that they understand the
individuals, idealistic fanatics, indi- subject typically will tell police, issues that are important to or
viduals with mental illness, and oth- “Go away,” “We don’t need you or bother subjects (their stories) and
ers with unfulfilled aspirations who want you here,” or “This is none of how subjects respond to those
feel that they have been wronged by your business.” The potential for issues (their feelings).4 After estab-
others or events fall into this broad homicide followed by suicide in lishing a trusting relationship, nego-
category. Their displeasure at their many of these cases is very high. tiators then can attempt to introduce
circumstances places them in acute Indeed, when loss of life occurs dur- nonviolent problem-solving alter-
stress and disrupts their ability to ing a crisis incident, it most often natives that steer subjects toward a
function normally. Angry, con- happens during a nonhostage event. peaceful outcome. This approach
fused, and frustrated, they may Subjects are clearly in crisis, and has enabled the police to defuse
express their anger and vent their the police must respond to them in a even the most volatile incidents.
frustrations by undertaking actions careful and thoughtful manner. Frequently, subjects do not
that bring them into conflict with Crisis negotiation teams have want to talk to police and resist re-
law enforcement. learned that to effectively intervene peated efforts to communicate. As
Hostage Nonhostage
Subjects: Subjects:
• Demonstrate goal-oriented and purposeful • Act in emotional, senseless, and often
behavior self-destructive ways
• Hold hostages to fulfill substantive demands • Hold victims with intent to harm
(money, escape, change) • Have no substantive demands or totally
Law Enforcement Strategies: unrealistic ones
• Employ highly visible containment Law Enforcement Strategies:
• Use delay tactics • Employ low-profile containment scheme
• Make subjects work for everything • Demonstrate patience and understanding
• Lower subjects’ expectations • Give a little without getting in return
• Contrast benefits of surrender with risk of • Apply active listening skills to lower emotion,
resistance defuse anger, and establish rapport
• Offer safe surrender with dignity • Provide nonviolent resolution options
frustrating as this can be, negotia- the tactical team in place. While ment’s intentions. While such ef-
tion teams should continue to reach understandable, this procedure forts may prove acceptable with a
out to subjects and converse with may overlook the value of “verbal lone barricaded individual, they
them as though an actual dialogue containment.” Subjects are less never should be employed when the
were occurring. During this one- likely to commit violence against subject holds a hostage or victim.
way contact, negotiators should their victims while they are con- Law enforcement cannot predict
reassure subjects and begin to con- versing with negotiators. Therefore, with certainty whether the subject
vey positive themes, as though even if the tactical team has not set will respond violently to such ac-
responding to their stated concerns. up completely, negotiation dialogue tions or not. Law enforcement deci-
For example, acknowledging the can begin to lower tension during sion makers should beware of the
subject’s fear and providing re- the initial, generally most danger- “action imperative,” the pressure
assurance that the police want to ous, period of any event. that compels police departments to
help can convince the subject to Police should exercise restraint take any action to get things going.
begin talking. and avoid manipulation of anxiety Frequently doing nothing different
Moreover, early efforts to con- techniques throughout the incident. or staying the course is proper and
tact the subject remain vital and Breaking windows, tossing rocks appropriate; restraint does not
should not be unduly delayed. on the roof, or playing loud music equate to weakness.
Many departments choose to avoid only serves to reinforce the sub- In a nonhostage situation,
initiating contact until they have jects’ suspicions about law enforce- thoughtful demonstrations of
January 1999 / 9
peaceful intentions by the authori- tactical team must understand and alternatives first. Loss of life is
ties actually may help build rapport appreciate whether they face a hos- most likely to occur during police
and enhance dialogue. In other tage incident, in which subjects use tactical intervention. Therefore, be-
words, giving a man threatening his hostages as leverage to achieve fore initiating any tactical action,
girlfriend a cigarette, without ex- their demands, or a nonhostage inci- decision makers must consider
pecting anything in return, can dem- dent, in which subjects direct their carefully the current threat to the
onstrate good intentions and may be aggression against themselves or a hostages/victims, as well as the
appropriate. Because nonhostage victim. After determining which of risks faced by their tactical officers.
events are crisis interventions, not these two basic types of situations If the threat to the victims is
bargaining interactions, limited acts they face, on-scene decision makers believed low, then high-risk tactical
of unilateral giving by authorities must carefully consider all contem- actions are inadvisable and difficult
will not empower subjects. These plated actions. to defend. If the threat to the victims
subjects do not want their demands is higher, then risk-effective tactical
met; rather they want to vent their Decision-making action is easier to defend and should
anger and are considering harming Considerations at least be considered. Finally, if the
their victims. Therefore, anything Today, all police actions in any threat to the victims is very high,
law enforcement can do to calm crisis come under strict scrutiny. then high-risk tactical action may
subjects down and establish trust Decision makers understand that be necessary; commanders may
may benefit efforts to build rapport the choices they make during any have no choice.
and thereby influence behavior. incident become subject to a court Any loss of life, even to the
This contrasts with hostage takers, subject, will result in the close ex-
who should not be given anything amination of the actions of the po-
“
without the police getting some- lice agency. Critics will want proof
thing in return. that the threat to hostages increased
Everyone wants respect, Synchronizing and that the police exhausted less
even the most troubled or negotiations and risky alternatives prior to taking ac-
seemingly undeserving individual. tactics in a parallel tion. At the same time, members of
Law enforcement should properly fashion can achieve the public will accept the conse-
view negotiations as a process quences of high-risk action only if
through which they can influence maximum effect. they believe with certainty that
”
subjects, steering them away from taking no action at all surely
violence and toward a peaceful sur- would have resulted in harm to the
render. The most common mistake hostages/victims.
negotiators make is trying to hurry of law and to the court of public
the process by rushing into problem opinion and must be considered Unified Strategy
solving before establishing a mea- carefully. The FBI recommends us- Anecdotal information pro-
sure of trust. This is typified by ne- ing the three-part Action Criteria: vided by crisis personnel nation-
gotiators who ceaselessly press sub- 1) is the contemplated action neces- wide reflects that crisis managers
jects to surrender before they are sary? 2) is the contemplated action frequently fail to sufficiently coor-
ready. Negotiators should not drone risk-effective? and 3) is the contem- dinate the efforts of their negotia-
the mantra, “When are you coming plated action acceptable?5 tors and tactical personnel. Indeed,
out?” Only after they have estab- Decision makers also should the on-scene decision maker must
lished rapport and earned the right prepare to answer why they took bring all of the key component lead-
to do so can negotiators begin to action when they did, what condi- ers together to ensure that all par-
influence the subject by suggesting tions changed from earlier that ties understand the type of situation
resolution options. caused them to take action, and and its accompanying dynamics
In short, the negotiation team, whether they fully explored and and understand and support the
the on-scene commander, and the attempted to implement less risky proposed resolution strategy. All
January 1999 / 11
team performing other functions the subject expects a box of food to • the subject has reduced threats
and working in shifts. The negotia- be placed in a certain area, and for and is using less violent
tion team needs to operate in a quiet whatever reason, the tactical team language,
area—which the FBI refers to as the puts it in another area, it can result • the subject’s emotions have
Negotiation Operations Center, or in the subject’s feeling misled or set lowered,
NOC—that remains free from in- up. Such a simple misunderstanding
• the subject has exhibited
trusion and interference, sits sepa- can result in an erosion of trust and
increased rationality in speech
rate yet adjacent to the command disrupt efforts to establish and
and action,
post, and contains sufficient space maintain rapport.
to accommodate the personnel • deadlines have passed,
required. Indicators of • the subject has become
Along with the tactical team Negotiation Progress increasingly willing to
leader, the negotiation coordinator Commanders most frequently bargain,
should serve as one of the on-scene ask negotiation coordinators two • the subject has lowered
commander’s principal advisors questions: 1) how long will the inci- demands,
and have almost continual interac- dent last? and 2) is the team making
tion with the on-scene commander. progress? The answers to these • the subject has released a
These three key individuals must questions are neither simple nor hostage,
interact in a positive and effective • the negotiator has built a
manner to ensure a uniform under- rapport with the subject,
“
standing of the subject’s behavior • the subject has made posi-
and motives and to promote a uni- tive statements about the
fied strategy aimed at risk-effec- Negotiators welfare of the hostage/victim,
tively resolving the incident.
Many negotiation teams nation-
should not drone and/or
wide have learned the value of hav- the mantra, • the subject has asked about the
ing a tactical team representative ‘When are you consequences of surrendering.
stationed within the NOC. Negotia- coming out?’ Conversely, the negotiation coordi-
tors represent the ears of the opera- nator may cite an increased risk to
”
tions; the tactical team, the eyes. the victims due to the absence of
Together, they work to exchange some of the indicators of progress
intelligence; compare subjects’ or continued clear threats or actual
words with their actions; coordinate straightforward. First, the situation injury to the victim(s); no substan-
deliveries, releases, and surrenders; will last as long as it lasts and not a tive demands; no escape demands;
and prepare for and implement moment less. It is nearly impossible or verbal clues of suicidal inten-
tactical intervention. Making deliv- to predict with certainty the dura- tions. These and other risk factors
eries, receiving released victims, tion of an incident. The answer to indicate that the potential for fur-
and handling surrenders require the second question lies in a number ther loss of life remains high.9
particularly close coordination be- of indicators of either progress or When all signs point to the inability
tween the negotiation team and the high risk. of negotiation to prevent the subject
tactical team. These critical activi- The following indicators sig- from harming hostages/victims, the
ties, more than any other actions, nify progress and generally mean team can consider tactical interven-
tend to become problematic due to a that current negotiation initiatives tion options aimed at rescuing hos-
lack of coordination and uniform should continue. Specifically, since tages/victims before the subject can
understanding of the specifics of the negotiations have begun, take action to harm them.
agreement and the timing required • no additional deaths or injuries This is easier said than done.
to carry them out. For example, if have resulted, Risk-effective tactical intervention
January 1999 / 13
negotiators have developed the not reasonable and did not make the restraint, that they carefully as-
skills and knowledge they need to proper decision to surrender. If tac- sessed and understood the subject’s
peacefully resolve even the most tical intervention proves necessary, behavior and motivation, and that
volatile incidents. The successful both the tactical and negotiation they felt compelled to use force
resolution of such incidents usually components need to work hand in only to save lives and not simply
rests in understanding the dynamics glove to plan and then implement because they had the ability. Such
of different situations, and on-scene the agreed-upon strategy. a policy will result in continued
commanders must understand the Along with the tactical team support from an increasingly
type of critical incident they face in leader, the negotiation coordinator demanding citizenry that will con-
order to identify the appropriate law should stay in almost continual con- tinue to scrutinize any controversial
enforcement strategy. Whether a tact with the on-scene commander police action.
hostage situation in which the sub- to ensure that all actions are coordi- Commanders always should re-
ject aims to force authorities to ful- nated and further the agreed-upon member that to maintain the support
fill certain demands or a nonhostage strategy. The negotiation coordina- from the public they serve, they
situation in which the subject has no tor should advise the commander of must demonstrate professionalism
clear goals or substantive demands the indicators of progress as well as in handling high-profile hostage,
and expresses anger, rage, or frus- barricade, and suicide incidents.
“
tration in a senseless or self-de- Understanding the dynamics under-
structive way, negotiation remains a lying such incidents will assist com-
vital tool to successfully resolve the manders in making the critical deci-
crisis. The goal remains sions needed to resolve them.
Whether a hostage or nonhos- to bring subjects
tage event, commanders should un- to the table, not Endnotes
derstand that negotiation represents to their knees. 1
Edward S.G. Dennis, Jr., “Evaluation of
the Handling of the Branch Davidian Standoff
a process designed to demonstrate
”
in Waco, Texas, by the United States Depart-
empathy, establish rapport, and, fi- ment of Justice and the Federal Bureau of
nally, influence the subject to avoid Investigation,” report to the deputy attorney
further violence and surrender the indicators of high risk. This in- general, October 8, 1993.
2
Based on records from the FBI’s Hostage
peacefully. Negotiations buy the put enables the commander to con- Barricade System (HOBAS) database, 86
time necessary to gather important sider carefully the full range of percent of all incidents can be classified as
intelligence; assemble personnel, resolution options available. nonhostage, while only 14 percent are hostage
resources, and equipment at the Before making critical deci- incidents; HOBAS Statistical Report of
Incidents, March 23, 1998.
scene; and allow the tactical team to sions, commanders should use the 3
See Gary W. Noesner, M.Ed., and Mike
prepare for risk-effective interven- Action Criteria to determine if the Webster, Ed.D, “Crisis Intervention: Using Ac-
tion, if necessary. action is necessary, risk-effective, tive Listening Skills in Negotiations, FBI Law
Negotiations cannot work with- and acceptable. In addition, com- Enforcement Bulletin, August 1997, 13-19.
4
Mike Webster, M. Ed., Centurion
out proper tactical containment, and manders must be prepared to an- Consulting Services, British Columbia, Canada,
tactical intervention rarely succeeds swer why they decided to take ac- lecture at the FBI Academy, 1996.
without the help of the negotiation tion, what conditions changed from 5
G. Dwayne Fuselier, Clinton R.Van Zandt,
team to buy time or set up the sub- earlier, and whether they first ex- and Frederick J. Lanceley, “Hostage/Barricade
Incidents: High-risk Factors and the Action
ject, lowering the potential risk to hausted less risky alternatives. Criteria,” FBI Law Enforcement Bulletin,
tactical officers. The incremental, Above all, commanders should January 1991, 7-12.
coordinated use of tactics and nego- adopt a philosophy that views tacti- 6
Frederick J. Lanceley, FBI (retired), lecture
tiation effectively brings subjects to cal intervention as the least desir- at the FBI Academy, 1993.
7
Supra note 4.
the bargaining table. Still, the need able alternative, one to be taken 8
See James E. Duffy, “Situation Boards,”
for tactical intervention does not only when no other choice exists. FBI Law Enforcement Bulletin, June 1997,
mean that the negotiation team The police will have to show that 17-19.
9
failed. It means that the subject was they demonstrated patience and Supra note 5.
The Language of Confession, Interroga- prosecution, law enforcement readers should not
tion, and Deception by Roger W. Shuy, pub- be lulled into a false sense of security about the
lished by SAGE Publications, Thousand Oaks, impact of the author’s message. The author
California, 1998. makes valid points that if law enforcement
A common denominator for all law enforce- officers do not continue to analyze, review, and
ment officers remains the ability to communi- learn from their shortcomings, the credibility
cate with people, whether on the street, during a currently enjoyed in this profession may be in
protracted investigation, in front of a grand jury, jeopardy. He makes these points, not from the
or in the courtroom itself, as well as within their perspective of a law enforcement officer, but
own organizations. Law enforcement officers from that of an academician, who has spent
need to understand and be understood through innumerable hours reviewing and analyzing, line
communication. This communication generally by line and word by word, the language used by
takes written form but also occurs in such media officers and subjects in investigations. In the
as audio or video. The written form—a report— case studies presented, confession—another area
is compiled with similar reports and used by of law enforcement once thought to be untouch-
prosecutors to assess the viability of formally able—also receives scrutiny.
charging a suspect. At some point, officers Although the research, references, and
interview the suspect. The interview may turn academic viewpoints presented early in the book
into an interrogation and, if successful, will may seem overwhelming, the foundation laid by
culminate in a confession. the author is necessary to apply these concepts
In the first two chapters of the book, the to real situations. By citing nearly all of the
author, a distinguished Research Professor of icons in the areas of interviewing and interroga-
Linguistics at Georgetown University in Wash- tion (i.e., Sapir, Rabon, Inbau, and Reid), the
ington, DC, focuses on the language law en- author comforts the reader with his knowledge
forcement officers use when obtaining confes- of this field of study. He further supports his
sions and conducting interrogations. The author opinions with various case studies and draws
makes a distinction between the language constructive conclusions from his experiences.
actually used during these situations and the Readers should not take offense at the
language intended. For example, some confes- apparent harshness of the author’s comments
sions contain language that mirrors the elements directed at law enforcement but rather should
of a statute as opposed to the language actually view the author’s suggestions to audio- and
used by the suspect during the confession, videotape interviews, interrogations, and confes-
thereby raising the issue that the investigator sions as opportunities to expand their horizons
modified the confession in some way to make it into the inevitable future of the profession.
“fit” the elements contained in the statute. Indeed, The Language of Confession, Interroga-
The book branches out to a discussion of tion, and Deception can help novice and experi-
constitutional rights, truthfulness and deception, enced law enforcement investigators alike
and written and unwritten confessions. In one enhance their success in the interrogation room.
chapter, the author uses case studies—court
cases where he had direct or indirect involve- Reviewed by
ment as a potential witness for the defense—to Special Agent Craig Meyer
illustrate situations where the interrogator Law Enforcement Communication Unit
becomes, in essence, a therapist. Although most FBI Academy
of these cases resulted in convictions for the Quantico, Virginia
January 1999 / 15
Focus on Personnel
Alcohol Abuse in Policing a citizen’s complaint. To deal with such situations,
many police agencies adopt a strategy of getting help
Prevention Strategies for abusers only after they discover a problem. Help
By John M. Violanti, Ph.D. may include a referral to an employee assistance
Photo © K. L. Morrrison
program or alcohol rehabilitation clinic. Agencies
often use a late-stage treatment strategy because
police managers sometimes lack faith in early de-
tection approaches and view them as ineffective.
Yet, if agencies intervene before officers get into
trouble, they can help officers onto the road to
recovery, avoiding damage to both their personal
and professional lives.
January 1999 / 17
another factor in prevention. A significant difficulty Based on the prevention strategies of wellness,
for those individuals abusing alcohol remains their lifestyle education, and stress reduction, police ad-
reluctance to admit the problem; therefore, it becomes ministrators should set two goals for dealing with
necessary for others to intervene. alcohol abuse. First, they should seek to lower alcohol
In this regard, first-line supervisors become consumption levels among all personnel but espe-
invaluable. Supervisors should monitor the perfor- cially in those who already manifest high intake
mance and activities of their workers and should levels. They should encourage officers to decrease
recognize when problems arise. Complaints from alcohol consumption while making other changes in
other workers may focus the supervisor’s attention on their lives that would sustain that practice. Second,
a particular employee. The supervisor can provide administrators should encourage the minimization of
constructive advice on alcohol abuse, which can help factors, such as stress, that may lead to alcohol abuse.
guide the officer toward treatment and possibly even Stress management programs, similar to alcohol-
prevent an officer from becoming an alcohol abuser. related programs, remain essential in a comprehensive
Supervisors should become more approach to mental well-being at
familiar with their officers by work.
getting to know them both profes- When police managers imple-
sionally and personally. Becoming
acquainted with the officers in this
way may help supervisors to
discover issues that may later
“
If agencies intervene
before officers get
ment such strategies early on, they
can reduce the likelihood of alco-
hol abuse within their departments.
When officers get the help they
develop into problems. Thus, into trouble, they can need from the onset, both the offi-
supervisors, through education and help officers onto the cers and their agencies benefit.
policy, can become aware of the road to recovery....
signs of alcohol abuse and respon- Endnotes
”
sible for detecting them in the 1
E. Kirschman, I Love A Cop (New York:
workplace.9 Guilford Press, 1997), 158
Finally, an officer’s family 2
Ibid., 163.
3
remains an additional source of M. Braverman, Beyond Profiling: An
Integrated Multidisciplinary Approach to
detection. The officer’s family may suffer as a result Preventing Workplace Violence, symposium conducted at Work, Health,
of alcohol abuse, which provides motivation for and Stress 95 Conference, Washington, DC, 1995.
members of the family to seek help for the troubled 4
C. McNeece and M. DiNitto, Chemical Dependency: A Systems
officer. However, police families, much like fellow Approach (Englewood Cliffs, NJ: Prentice Hall, 1994), 25-56; and B.L.
Schecter, “It’s More Than Testing, It’s Wellness,” resource paper,
officers, may be reluctant to report alcohol-related Prevention Associates, Oakland, CA, 1991.
problems. Departments should inform families of 5
Ideas for Action on Substance Abuse Prevention: Healthy Lifestyles,
known problems police officers often have with Mandatory Health Programs and Services (Toronto, Ontario, Canada:
alcohol abuse and emphasize the importance of the 1991), 25-35.
6
M.A. DiBernardo, Drug Abuse in the Workplace: Employer’s Guide
rehabilitation process for the officers and their to Prevention, U.S. Chamber of Commerce (Washington, DC, 1988),
families. Departments also should provide informa- 12-19.
tion to the family regarding the help available for 7
J.M. Violanti, J. Marshall, and B. Howe, “Police, Alcohol, and
officers and their families. 10 Coping: The Police Connection,” Journal of Police Science and
Administration 13 (1984): 106-110.
8
CONCLUSION U.S. Department of Labor, An Employer’s Guide to Dealing with
Substance Abuse (Rockville, MD, 1990), 12.
A preventive approach has the long range 9
Ibid.
potential to reduce alcohol abuse. Police depart- 10
Supra note 1, 12.
ments should note that proactive prevention strat-
egies designed to prevent alcohol abuse are more Dr. Violanti serves as an associate professor of criminal
economical and practical than curing those who abuse justice at the Rochester Institute of Technology in
Rochester, New York.
alcohol.
T errorism has become a real- Terrorists seek the shock and number of innocent victims. Faced
ity of modern life. Domesti- publicity that accompany attacks, with these incidents and the pros-
cally, such extreme acts as and in the past, many have chosen pect for future destruction on mass
the World Trade Center and the airliners as targets. Yet, as in- transit systems, law enforcement
Oklahoma City bombings have creased security measures have agencies must prepare for a broad
brought home the reality of both made such attacks more difficult, range of possible assaults aimed at
foreign and domestic sources of ter- terrorists have searched for alter- these types of targets.
ror. Added to the terrorist’s arsenal nate venues to deliver their mes-
of conventional explosives is the sages. The likelihood of numerous PREPARING
use of chemical and biological casualties coupled with an inherent FOR TERRORISM
weapons. In fact, many experts be- lack of security makes mass transit Terrorist attacks not only hold
lieve that the question is not systems a suitable mark for terror- the potential for massive destruc-
whether a major bioterrorist attack ism. Such domestic incidents as the tion but also require a response
will occur but when such an attack October 1995 attack on an Amtrak from a multitude of organizations,
will take place.1 And, in recent line in Arizona have highlighted the from law enforcement and emer-
years, both domestic and foreign threat, while overseas, such inci- gency services to structural engi-
terrorists increasingly have focused dents as the March 1995 poison gas neers and heavy equipment opera-
on mass transit to maximize mass attack in the Tokyo subway under- tors. Such disparate agencies may
terror. score the ability to target a large have never worked together and
January 1999 / 19
may have no experience with the has occurred whenever a warning hostages and usually do so to ac-
transit system. Preincident planning has been received, credit has been complish certain political objec-
and extensive interagency training claimed by a terrorist group after tives. Moreover, their dedication to
can help overcome these weak- the incident, or the magnitude or their cause and practiced approach
nesses. Periodic full dress rehears- location of the incident would merit usually makes them a greater threat
als help to ensure that every unit a cautious presumption of an attack. to the hostages and to the law en-
will be able to meet its assigned For example, even a small incident forcement officers trying to protect
tasks when the time comes. Because directed at a prime government tar- the public.
of their experience in responding to get (e.g., the Metro transit station at Terrorist acts fall into two gen-
critical incidents, law enforcement the Pentagon, in Arlington, Vir- eral categories of police incidents,
agencies must take the lead in pre- ginia) should trigger at least the normal and atypical. While some
paring for terrorist attacks. start of a counterterrorist re- elements remain common to all
sponse until investigation has de- types of police response, each po-
DEFINING THE termined that such a response is tential threat requires a different
TERRORIST THREAT unwarranted. law enforcement action.
In order to coordinate the ap- While the local police depart-
propriate response, law enforce- ment initially will treat many terror- Normal Threats
ment first must determine whether ist acts like large-scale criminal Normal threats include bomb
an incident can be defined as a ter- acts, important differences exist. threats and actual bombs, hostage-
rorist act. While obvious acts of ter- Criminal and terrorists acts usually taking scenarios, and shootings or
rorism can be identified as such, differ in their magnitude and de- snipers. The police frequently en-
more subtle acts, particularly ones sign. For example, in criminal acts, counter such incidents and have
that come without warning or with- offenders usually do not plan to take standard practices and strategies in
out anyone claiming credit, can de- hostages. When they do so, it often place for dealing with them. Al-
lay the appropriate response. occurs when their actions are dis- though the terrorist variants of these
To successfully combat a ter- covered by law enforcement earlier criminal acts—hostage takings, po-
rorist incident, law enforcement than they had anticipated. 2 By litically motivated weapon assaults,
first must assume that a terrorist act contrast, terrorists intend to take or bombs—represent the easiest at-
tacks for the police to understand,
terrorist acts often differ in motiva-
tion, size, and location. Unfortu-
nately, few local law enforcement
“
agencies can amass the response re-
quired to combat them.3
...in recent years, Specifically, while most local
both domestic and law enforcement agencies can
foreign terrorists handle a barricaded felon, when ter-
increasingly have rorists take hostages, their demands
most likely will reach beyond the
focused on mass local authority’s ability to meet
transit to maximize them. Accordingly, local agencies
mass terror. should seek assistance from the
”
military and from federal law en-
forcement agencies, including the
FBI’s Critical Incident Response
Officer Nelson serves with the
Portland, Oregon, Police Bureau.
Group and the U.S. Marshals
“
within a conventional police inci- Attacks do not have to be elabo-
dent. These incidents represent rate or sophisticated to be deadly. A
typical cases except for one act: the biological weapon, such as anthrax,
use of a secondary explosive device Terrorist attacks can be used in a rudimentary man-
designed to attack responders. that occur on ner and still inflict thousands of ca-
Thus, the law enforcement author- transit systems sualties. For example, wind from
ity must take control at the bomb- passing trains could circulate an-
ing scene not only to preserve evi- can tax even the thrax spores deposited in the under-
dence but also to protect emergency most seasoned ground tunnel of a subway system
response teams from secondary law enforcement and claim thousands of lives.5
weapons. veteran. Nuclear attacks represent the
Unfortunately, secondary ex- third type of atypical incident. In
”
plosive devices are difficult to de- this case, however, nuclear refers,
tect. Explosive detection dogs not to atomic bombs, but to the use
prove less effective in areas already of radiological material scattered by
contaminated by explosive residue. response would require the coordi- conventional explosives. Such ma-
If detection is not possible, then law nation of agencies well-versed in terials prove more subtle and diffi-
enforcement must create a safety every area of crisis management. cult to detect and eradicate, making
zone by removing other threats For this reason, the Portland Police them last longer and able to infect a
(e.g., towing parked cars) or creat- Bureau stages mock incidents on greater number of people.
ing a shielded area in which the the transit system and coordinates Whether biological, chemical,
responders can work safely. the response between the diverse or nuclear, atypical attacks extend
To plan for normal terrorist agencies likely to become involved. beyond the ability of any law en-
threats, police departments should forcement agency to counter unas-
determine the maximum response Atypical Threats sisted. But help is available. The
they can provide, then locate out- In March 1995, the Aum U.S. Marine Corps originally cre-
side resources to provide the rest. If Shinrikyo religious sect, using five ated its Chemical/Biological Inci-
necessary, the department should canisters of diluted Sarin, an ex- dent Response Force for use at the
sign interagency agreements to tremely toxic chemical, disguised Olympic games in Atlanta, and the
ensure a complete response when as lunch boxes and soft drinks, ex- U.S. Army also maintains units able
the need arises. For example, the posed 5,000 to 6,000 persons in the to combat these threats. The 310th
January 1999 / 21
Chemical Company represents the enforcement authorities rely on city bus requires a different re-
first military unit able to detect and bomb squads and hazardous mate- sponse than an incident on a subway
identify biological threat agents. rial teams to respond to these in- car. At the same time, an attack on a
Other Army units, such as the 25th cidents. While possibly being able subway car or a bus calls for differ-
Chemical Company, are trained to to detect chemical or radioactive ent measures than one that targets a
deal not only with chemical threats substances, these teams may fail to subway or bus station. To prepare
but with environmental hazards, as detect slower-acting biological for such attacks, officials must con-
well.6 The FBI coordinates the fed- agents. Moreover, they even may sider a number of factors. For ex-
eral response, and local law en- overlook the possibility that a bio- ample, at system entrances and ex-
forcement in need of assistance logical threat exists. its, scores of people congregate,
should contact the nearest FBI field multiplying the potential for injury.
office. TRANSIT SYSTEM Certain fuel types, such as the com-
Calling on such groups remains CONSIDERATIONS pressed natural gas used in an in-
essential because law enforcement Terrorist attacks that occur on creasing number of buses, could be
agencies themselves cannot detect transit systems can tax even the sabotaged to explode. Response
these threats early enough to miti- most seasoned law enforcement teams could use the external cutoff
gate their effects. Most local law veteran. A hostage situation on a switches built into some vehicles
Source: Adapted from Eric Barnes, with Marj P. Leaming, Ph.D., and Linda Cavazos, “Protecting Public
Transportation from Terrorists,” National Institute of Justice Journal, March 1998, 21.
“
able height above the rail bed. systems are designed to be open and
Evacuation from the system inviting, which creates ample op-
may represent a formidable ob- portunity for a variety of attacks.
stacle in the event of a terrorist
Preparation Still, transit officials can make the
threat. Only preincident planning remains the key to system inviting, while decreasing
and practice can effectively evacu- combating mass the possibility of a terrorist attack.
ate passengers, staff, and tenants transit terrorism. For example, New York City’s
who may surround the transit sta- Metropolitan Transit Authority
”
tion. Transit officials for London’s completed a security review of its
Underground plan for evacuation system after the gas attack in To-
by training shopkeepers and prac- kyo. Improvements included re-
ticing regularly. By doing so, major PREVENTION STRATEGIES moving open spaces behind ticket
stations can clear out 3,000 to 4,000 Prevention represents a key ele- booths, a natural hiding place for
individuals in 3 to 4 minutes. In ment in preparing for terrorism. bombs, and placing antitampering
1991, transit personnel evacuated Part of the prevention plan must in- devices in the subway’s ventilation
60,000 people from the entire tran- clude an aggressive effort to use system.8
sit system in 10 minutes.7 security and detection, as well as Retrofitting an existing facility
Evacuation plans should in- environmental design, to stave off may prove difficult; it remains
clude the selection of staging areas, terrorist attacks before they can be much easier to design new facilities
where passengers can await trans- implemented. with crime prevention and terrorism
port to safe locations, as well as reduction in mind. For example, in
alternate locations, in the event that Security and Detection London, garbage cans were re-
the first site is downwind from a When assessing sites and ve- moved from the street because of
hazardous gas release. Extra buses hicles to develop a planned re- the potential for members of the
can serve as shelter for victims, wit- sponse, law enforcement should Irish Republican Army to use them
nesses, and workers and, equally evaluate and safeguard vulnerable to hide bombs. A similar threat
important, can accommodate the parts of the system, such as en- could take place in the nation’s tran-
transit needs of passengers who ar- trances, exits, and potential hiding sit systems and underscores the
rive at the scene expecting to enter places. Regular monitoring of these need for officials to consider such
the system. If possible, alternatives vulnerable parts of the system, details when designing new facili-
to the affected transit line or sys- coupled with the use of an ties. In a new facility, trash chutes
tem must be established in order antitampering design, which allows could move litter from areas where
January 1999 / 23
people congregate to a lower level a capabilities. State and local
safe distance away. Just as every authorities should not hesitate to Wanted:
new construction project must un- contact the FBI for assistance; Photographs
dergo an environmental impact re- any delay could have serious
view, law enforcement personnel consequences.
could conduct a security review as Finally, law enforcement ad-
another part of the design process. ministrators should work with tran-
sit and government officials to
CONCLUSION tighten security on mass transit and
In the past, local law enforce- to design new systems to thwart acts
ment believed, with some justifica- of terrorism. When officials limit
tion, that terrorists would target the ability of terrorists to function
only such major cities as New York freely,9 they keep the citizens they
or Washington, DC. They assumed
that other, smaller cities remained
serve safe.
T he Bulletin staff is
always on the lookout
for dynamic, law enforce-
safe from such attacks. Now, law
enforcement officers in every juris-
Endnotes ment-related photos for
1
Robert Taylor, “All Fall Down,” New possible publication in the
diction, large and small, urban and Scientist, May 11, 1996, 32.
rural, must at least recognize the 2
Sgt. Martin Rowley, team leader, Portland
magazine. We are interested
potential for attack and plan accord- Police Bureau’s Special Emergency Reaction in photos that visually depict
ingly. And, because of their poten- Team, interview by author, 1996. the many aspects of the law
3
Law enforcement units preparing to enforcement profession and
tial for massive casualties and de- combat terrorist acts include the Washington,
struction, combined with an DC, Metropolitan Police Department’s
illustrate the various tasks
inherent lack of security, mass tran- Emergency Response Team; the New York law enforcement personnel
sit systems can become easy prey Police Department’s Emergency Service Unit; perform.
the Los Angeles Police Department’s Special We can use either black-
for terrorists. Weapons and Tactics Team; the Chicago Police
Preparation remains the key to Department’s Hostage, Barricaded/Terrorist
and-white glossy or color
combating mass transit terrorism. Team; the Portland Police Bureau’s Special prints or slides, although we
First, law enforcement agencies Emergency Reaction Team; the Metro-Dade, prefer prints (5x7 or 8x10).
Florida, Police Department’s Special Response Appropriate credit will be
must recognize terrorist acts, then Team; and Kansas City, MO, Police
respond accordingly. The appropri- Department’s Tactical Response Team. See
given to contributing photog-
ate response depends on a number Samuel M. Katz, The Illustrated Guide to the raphers when their work
of factors, including the type of World’s Top Counterterrorist Forces (Hong appears in the magazine. We
Kong: Concord, 1995), 4. suggest that you send dupli-
threat encountered and the area of 4
Henry I. DeGeneste and John P. Sullivan,
mass transit affected. Local law en- “Transit Terrorism: Beyond Pelham 1-2-3,” The
cate, not original, prints as
forcement must work with a myriad Police Chief, February 1996, 46. we do not accept responsibil-
of diverse agencies to neutralize the
5
Supra note 1, 34-35. ity for prints that may be
6
Shirley L. DeGroot, “Comment and damaged or lost. Send your
threat and deal with its aftermath. Discussion: ‘Who Will Answer the Chem/Bio
Such a massive undertaking cannot Call?’” Proceedings, March 1997, 120.
photographs to:
7
be left to chance; responding agen- Joseph Scanlon, “Passenger Safety and
Efficient Service: Managing Risk on London’s Brian Parnell, Art
cies must prepare for every contin- Underground,” Transit Policing, Fall 1996, 12. Director, FBI Law
gency and drill to maintain a state 8
Lenny Levine, “Terrorism,” Metro, July/ Enforcement Bulletin,
of readiness. As important, local August 1996, 26. FBI Academy, Madison
9
agencies must recognize when an Supra note 3, 11.
Building 209, Quantico,
incident reaches beyond their VA 22135.
January 1999 / 25
Legal Digest
Crime Scene
Searches
The Need for Fourth
Amendment Compliance
By KIMBERLY A. CRAWFORD, J.D.
O n a warm spring day, a de- When sheriff’s deputies re- drawers, a torn note found in a bath-
spondent woman decided sponded to the call, the daughter room wastepaper basket, and a sui-
to resolve her overwhelm- admitted them to the scene of the cide note tucked inside a Christmas
ing problems by ending her life and attempted suicide and homicide. card on top of a chest of drawers.
the life of her husband of many The unconscious woman immedi- The woman eventually sur-
years. The woman shot her hus- ately was transported to the hospi- vived her suicide attempt and was
band, wrote a suicide note, took an tal, and after completing a search prosecuted for the second-degree
overdose of sleeping pills, and lay for other victims or suspects, the murder of her husband. Prior to
down on a bed to await death. After deputies secured the house. Thirty- trial, the woman moved to suppress
some reflection, however, the five minutes later, homicide investi- the three items of evidence found by
woman apparently decided that life gators arrived on the scene and be- the homicide investigators during
was worth living after all. Although gan a “general exploratory search the “exploratory search” of her
it was too late to save her husband, for evidence of a crime”1 that lasted home. After considerable disagree-
she attempted to save herself by approximately 2 hours. During the ment in the state courts, the case
calling her daughter and requesting search, the investigators examined was ultimately referred to the Su-
help. The daughter quickly notified every room of the house and recov- preme Court of the United States.
the sheriff’s office and rushed to her ered three important items of evi- In a short, succinct opinion, the
parents’ home. dence: a pistol found in a chest of Supreme Court declared in
”
tion technology and forensic analy-
sis, crime scene searches have be-
come possibly the most important Special Agent Crawford is a legal
instructor at the FBI Academy.
component in many criminal inves-
tigations. Properly conducted, a
crime scene search can reveal evi-
dence that allows investigators to the warrant requirement existed. On conducted without warrants are un-
reconstruct the crime and identify this issue, the Supreme Court was reasonable. Because the Court has
the perpetrator. Lawfully con- not breaking new ground. refused to create a separate set of
ducted, a crime scene search can aid The Court has long held that rules for crime scenes, officers
in the successful prosecution of any time agents of the government can avoid this presumption only
those responsible. To lawfully con- intrude into an area where there is a by obtaining a valid warrant prior
duct a crime scene search, however, reasonable expectation of privacy, a to conducting any search of an
investigators must be extremely Fourth Amendment search has oc- area protected under the Fourth
careful to follow the dictates of the curred that must be justified by ei- Amendment.
Fourth Amendment. ther a warrant or one of the excep- To obtain a valid search war-
This article reviews the require- tions to the warrant requirement.3 rant, officers must meet two critical
ments of the Fourth Amendment as Moreover, in the 1978 case of requirements of the Fourth Amend-
they apply to crime scene searches Mincey v. Arizona,4 the Court re- ment: 1) establish probable cause to
and examines the application of fused to recognize a “crime scene believe that the location contains
these requirements by various search” as one of the “well-delin- evidence of a crime and 2) particu-
courts. Additionally, this article eated exceptions.” As a result, larly describe that evidence. Crime
suggests policy considerations for crime scenes are given no special scenes are unique in that their very
law enforcement agencies routinely consideration under the Fourth existence establishes the probable
involved in crime scene searches. Amendment. If a crime occurs in an cause necessary to obtain a search
area where there is a reasonable ex- warrant. The very fact that a crime
APPLICABILITY OF SEARCH pectation of privacy, law enforce- has been committed gives officers
WARRANT REQUIREMENT ment officers are compelled to com- the reason to believe that evidence
TO CRIME SCENES ply with the dictates of the Fourth of the crime will be located on the
Amendment when searching the scene.
In Thompson, the Supreme scene.5 Similarly, the particularity re-
Court based its decision to suppress quirement of the Fourth Amend-
the evidence on the facts that the CRIME SCENE ment can be met readily by compil-
homicide investigators did not ob- SEARCH WARRANTS ing a list of evidentiary items that
tain a search warrant prior to con- In Katz v. United States, 6 normally are associated with the
ducting the “exploratory search” of the Supreme Court created the type of criminal activity under in-
the crime scene and no exception to presumption that all searches vestigation. For example, there are
January 1999 / 27
certain types of evidence that are warrantless search of the house on obtained, it can serve as an alterna-
likely to be found at the scene of the theory that the daughter had tive justification in the event that
every arson. The arson evidence given her consent.8 Although she the original means fails. More im-
would vary greatly from the type of had made the emergency call to the portant, in many cases, the indi-
evidence that normally would be police and let them into the resi- viduals who summoned assistance
found at the scene of a sexual as- dence, the officers knew the daugh- and have been asked to provide con-
sault. To aid officers in making ter did not live in her parents’ home. sent also are the persons who com-
timely application for crime scene Therefore, they had no reason to mitted the crime. The request for
search warrants, these generic lists believe that she had the authority to consent puts these individuals in an
can be compiled in advance by fo- consent to the search. uncomfortable position: if they pro-
rensic teams. vide consent, they give the officers
the opportunity to find the forensic
“
EXCEPTIONS APPLICABLE evidence necessary to convict
TO CRIME SCENES them; if they refuse consent, they
Because of the nature of many ...officers should not risk drawing suspicion upon
crimes, particularly violent crimes, assume that the themselves.
law enforcement officers often do person who requests
not have sufficient time to obtain Emergency
search warrants before making ini- their assistance Virtually every crime will con-
tial entries into crime scenes. Con- or meets them at stitute an emergency that justifies
sequently, officers are forced to rely the door has the law enforcement’s warrantless
on exceptions to the warrant re- authority to consent entry to the scene. Traditionally,
quirement to justify these searches. to the search. courts have recognized three differ-
The most often relied upon justifi- ent types of emergencies: threats to
”
cations are the consent and emer- life or safety, destruction or re-
gency exceptions. moval of evidence, and escape. It is
difficult to imagine a crime scene
Consent Officers contemplating using that would not automatically
The consent exception is often consent to justify the search of a present officers with the requisite
a viable option for officers respond- crime scene should ask precise, belief9 that at least one of these exi-
ing to a crime scene. In order for the carefully crafted questions de- gent circumstances exists to justify,
crime scene search to be constitu- signed to determine whether the at the very least, a warrantless entry
tional, consent must be given volun- person being asked to give their to assess the situation. Problems
tarily by a person reasonably be- consent has lawful access and con- arise, however, when officers ex-
lieved by law enforcement officers trol over the area to be searched. ceed the scope of the particular
to have lawful access and control Once sufficient information is gath- emergency that justified the initial
over the premises.7 In many in- ered to allow officers to conclude entry.
stances, the individual who has that the individual has authority
summoned the police to the scene is over the area, a specific request for The Search Must Not Exceed
someone who can consent to a consent should be made. If possible, the Scope of the Emergency
search of the area. However, offic- the consent should be written. What officers may do, where
ers should not assume that the per- Even if officers have other they may look, and how long they
son who requests their assistance or means to justify the search of a may stay on premises is dictated by
meets them at the door has the au- crime scene, it may be advanta- the particular exigent circum-
thority to consent to the search. geous to the investigation and ulti- stances that permit the warrantless
In Thompson, for example, the mate prosecution to request a con- entry. Officers are authorized to do
government could not justify the sent to search. If a lawful consent is whatever is reasonably necessary to
January 1999 / 29
the limitations imposed by the contact any doctors, the court stated have probable cause to believe a
particular exigent circumstances that “[the officer’s] words whisper crime scene contains evidence that
and meticulously stay within those one thing while his actions shout will be destroyed if not quickly re-
limitations. another. We hear the shout loud and covered, that evidence may be re-
When justifying a warrantless clear.”14 Consequently, even though trieved as part of the emergency.18
crime scene search on the emer- the defendant’s culpability was “be- Officials arriving on the scene
gency exception, law enforcement yond question,”15 the court was of a fire obviously can enter the
officers should be careful not to compelled to suppress the evidence. premises without a warrant to fight
strain credibility by alleging un- the fire. The emergency is not re-
realistic exigencies. Similarly, of- Investigative Steps solved, however, once the fire has
ficers cannot allow their actions to Within the Scope of been extinguished. In order to en-
belie the existence of a genuine the Emergency Exception sure that the fire does not rekindle,
emergency. Although officers cannot con- officials may remain on the pre-
In Zimmerman v. State,12 for duct a full-scale search of a crime mises for a reasonable period of
example, the defendant called scene under the emergency excep- time to determine the source of the
county police to report that he had tion, there are certain investigative fire. Once the cause has been estab-
been stabbed in his own home. The steps that may lead to the discovery lished, a warrant must be obtained
responding officer legitimately en- of evidence and fall well within the prior to continuing the search for
tered the premises under the emer- evidence of arson or any other
gency exception and conducted a criminal activity.19
“
visual sweep of the premises to de- Preserving a crime scene also is
termine whether there was anyone considered reasonable under the
else on the premises. During the ...documenting the emergency exception. Thus, offic-
sweep, the officer noticed a sexu- crime scene through ers may take logical steps, such
ally provocative poster of a nude photographs, as securing doors and control-
male, as well as several diaries. The ling people on the premises, to
officer looked through and subse- videotapes, and guarantee that the scene is not
quently seized the diaries because diagrams does not contaminated.
the entries revealed unlawful sexual exceed the scope While officers are performing
behavior. of the emergency the tasks that are considered reason-
After being charged with sexual exception. able under the emergency excep-
offenses, the defendant moved to tion, any items that they have prob-
”
suppress the evidence on the able cause to believe constitute
grounds that the search of his dia- evidence of a crime may be seized
ries was unconstitutional. The of- under the plain view doctrine.20
ficer, however, attempted to justify scope of the exception. For in- Moreover, courts have held that
his actions by arguing that the stance, officers arriving on the documenting the crime scene
poster gave him reason to think that scene of a violent crime unquestion- through photographs, videotapes,
the defendant was a homosexual ably can sweep the premises in an and diagrams does not exceed the
and that reading his diaries was nec- effort to locate other victims or the scope of the emergency exception.21
essary to determine whether he suf- perpetrator if they reasonably sus-
fered from AIDS. pect that either is present.16 If a ESTABLISHING POLICY
The court found the officers ar- body is found at the scene, tak- Despite the fact that the Su-
gument to be “imaginative but in- ing the medical examiner in to preme Court has declined to carve
credible.”13 After noting that the of- view and collect the body is deemed out a special exception to the Fourth
ficer was not concerned enough a reasonable step to resolve the Amendment warrant require-
about the possibility of AIDS to emergency.17 Similarly, if officers ment for crime scenes, many law
January 1999 / 31
FBI Law Enforcement Bulletin
Author Guidelines
Officers Barry Turner, William Jurewicz, and Gerard On a cold winter night,
Lehman of the Wayne, New Jersey, Police Department re- Officer John Lizanecz of the
sponded to an automobile accident in which the driver had York, Maine, Police Department
struck a tree. Arriving at the scene, the officers found the driver responded to a call about a man
unconscious in the burning vehicle. After unsuccessfully trying who had fallen from a steep
to open the vehicle’s door, the officers broke the rear window ledge into the icy, turbulent
and pulled the driver from the vehicle. Without the quick water at Cape Neddick. Upon
actions of the three officers, the driver would have perished. arrival, Officer Lizanecz ob-
served several people trying
to throw a life preserver to the
victim without success. Officer
During the early morning, Officer Lizanecz climbed down the
Shannon Sharpe of the Lexington, North steep rocky ledge, entered the
Carolina, Police Department responded water, and got the preserver to
to information from a passing motorist the man. With the help of others
concerning smoke coming from a nearby at the scene, the officer got the
residential area. Upon arriving at the victim safely to shore. Officer
scene, Officer Sharpe observed thick Lizanecz’s brave and unselfish
smoke coming from the carport of a actions saved the man’s life.
house. Immediately, Officer Sharpe
called the fire department and
Officer Sharpe entered the residence. Officer
Sharpe woke the elderly man who Nominations for the Bulletin Notes should be based
lived there and led him safely from the burning on either the rescue of one or more citizens or
arrest(s) made at unusual risk to an officer’s safety.
house. Officer Sharpe’s prompt actions prevented the Submissions should include a short write-up
residence from being completely destroyed and saved (maximum of 250 words), a separate photograph of
each nominee, and a letter from the department’s
the owner’s life. ranking officer endorsing the nomination. Submis-
sions should be sent to the Editor, FBI Law Enforce-
ment Bulletin, FBI Academy, Madison Building,
Room 209, Quantico, VA 22135.
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Patch Call
The patch of the Massachusetts Retired Police The Monticello, Indiana, Police Department patch
Officers honors all retired officers in the state. The features the two lakes, Lake Shafer and Lake Free-
harpoon and boat symbolize New Bedford, known as man, that border the City of Monticello. The sailboat
the Whaling City. The lighthouse depicts Province- and fish signify the recreation possibilities enjoyed by
town and the Cape Cod area, while the whale repre- tourists and local citizens.
sents the state’s fishing industry.