FBI Law Enforcement Bulletin - Aug00leb

8/9/2019 FBI Law Enforcement Bulletin - Aug00leb

1/35

ISSN 0014-5688 USPS 383-310

Features

Departments

6 Perspective

Investigative Priorities

13 Crime Data

Police Deaths

Investigative Uses of Computers

By Craig W. Meyer and

Gary M. Morgan

Identity Theft

By Matthew L. Leaseand Tod W. Burke

Color of Law InvestigationsBy John R. Schafer

Getting Along withCitizen Oversight

By Peter Finn

Anonymous Tips and Frisks

By Michael J. Bulzomi

1

8

August 2000Volume 69Number 8

United StatesDepartment of Justice

Federal Bureau ofInvestigation

Washington, DC20535-0001

Louis J. FreehDirector

Contributors' opinions andstatements should not be

considered an endorsement bythe FBI for any policy, program,

or service.

The Attorney General hasdetermined that the publicationof this periodical is necessary in

the transaction of the publicbusiness required by law. Use of

funds for printing this periodicalhas been approved by the

Director of the Office ofManagement and Budget.

The FBI Law EnforcementBulletin (ISSN-0014-5688) is

published monthly by theFederal Bureau of Investigation,

935 Pennsylvania Avenue,N.W., Washington, D.C.

20535-0001. Periodical postagepaid at Washington, D.C., and

additional mailing offices.Postmaster: Send addresschanges to Editor, FBI LawEnforcement Bulletin, FBI

Academy, Madison Building,Room 209, Quantico, VA 22135.

Editor

John E. OttAssociate Editors

Glen Bartolomei

Cynthia L. Lewis

Bunny S. Morris

Art Director

Brian K. Parnell

Assistant Art Director

Denise Bennett Smith

Staff Assistant

Linda W. Szumilo

Internet Address

[email protected]

Cover Photo

Digital Stock

Send article submissions toEditor, FBI Law Enforcement

Bulletin, FBI Academy, MadisonBuilding, Room 209, Quantico,

VA 22135.

Law enforcement officers can help

citizens prevent and resolve identitytheft.

Law enforcement can use time lineanalysis to provide a method of quicklytracking and retrieving valuable caseinformation.

15Officers can help prevent most colorof law investigations by acting in aprofessional manner and writing moredetailed, accurate reports,

22Although many law enforcementagencies have voiced concern aboutcitizen oversight, more and moreagencies are finding the process helpful.

14 Book Review

Crime Prevention

21 Technology Update

LEO

28

Officers can conduct protective searchesbased on reasonable suspicion whendangerous situations justify takingunusual precautions.


2/35

August 2000 / 1

ow often has a defense at-torney exploited a gap inan investigators case

TIME LINEDEVELOPMENT

Many disciplines, such as man-agement science and psychology,have used time lines for analyticalpurposes for decades. Studies dat-ing as far back as 1917 focused onusing time lines in production andscheduling. Early management pio-neers employed time lines torepresent the start and duration of

tasks in production analysis forscheduling resources.1 In 1958,these early efforts evolved into ascheduling technique that incorpo-rates the interrelationships of taskscalled Program Evaluation and Re-view Technique (PERT).2 One re-cent study involves a seven-step process, termed the Critical Deci-sion Method, which discusses theuse of time lines in cognitive task

Hwithout the investigator realizingthis obvious discrepancy existed?How can investigators work oncomplex cases with developing in-formation that proves difficult to as-similate? How can they keep trackof a myriad of case facts used dur-ing interviews and interrogationsand meetings with prosecutors, taskforces, or management? Do they

struggle to keep track of whichleads they have covered? The solu-tion to any or all of these problemsmay lie in time line analysisasimple application of readily avail-able computer software.

Using time lines will oftenprove more productive for these is-sues as well as enable investigatorsto virtually eliminate duplication ofeffort and inefficiencies during thecourse of an investigation. Thisconcept also will help investigatorsquickly track and retrieve informa-tion that took numerous hours todevelop.

Investigative

Uses ofComputersAnalyticalTime LinesBy CRAIG W. MEYER, M.S.

and GARY M. MORGAN, M.A.

Mark C. Ide


3/35

2 / FBI Law Enforcement Bulletin

Special Agent Morgan teachescomputer crime investigations atthe FBI Academy.

Special Agent Meyer teachesinterviewing and interrogationat the FBI Academy.

analysis.3 Step five of this processuses time lines to chronologicallycapture the salient events within anincident, allowing the expert to

verify the time line during its con-struction. In a more fundamentalapplication, farmers have advo-cated the use of time lines to im-prove grain drying and the handlingand storage of farm commodities.4

TIME LINE APPLICATIONFOR LAW ENFORCEMENT

Time line analysis can help lawenforcement investigators recordand analyze large amounts of data,prepare for witness interviews, andwrite affidavits. Additionally, thetime line can assimilate the volumi-nous information gathered from in-vestigative techniques, such assearch warrants, record reviews,and wire taps. A time line can helpduring interrogations by providinginvestigators with succinct infor-mation that will aid in accusingsubjects and may help to redirect

protests made by subjects concern-ing their guilt. The time line alsogives investigators a tool for pre-senting their case, logically and

concisely, to others, such as manag-ers, prosecutors, and grand jurors.Whether in simple handwrittenform or in a sophisticated multime-dia program, the time line also canserve as an invaluable tool through-out the case process.

Interviewing Application

Experienced investigatorsknow that the first step in a struc-tured interview is preparation,which includes reviewing casefacts.5 Investigators can use thetime line to study case facts beforethe interview and refer to it duringthe interview to verify the inter-viewees information. Having thetime line available will aid investi-gators in determining the truthful-ness of the individual and helpkeep a potentially large number offacts in order during a complex

investigation. Investigators shouldupdate the time line by adding perti-nent information to it after eachinterview.

Interrogation Application

An interrogation differs signifi-cantly from the interview in severalways. While the objective of aninterview is to gain information, theobjective of an interrogation is togain a confession. An interrogationgenerally involves the subject of theinvestigation, whereas the inter-view usually involves a witness. Awitness interview can turn into aninterrogation if the interviewer be-lieves the individual has become thefocus of the investigation as a resultof the interview.6

In the first stages of an interro-gation, an investigator confronts thesubject.7 A time line may help theinterrogator convincingly make thisaccusation. Next, the investigatormay need to cut off denials, redirectprotests, and provide reasons for thesubject to confess.8 The time linewould help investigators accom-

plish this by providing them quickand easy access to case facts,thereby enhancing the probabilityof a confession.

Other Applications

Time lines have other uses per-tinent to law enforcement. Behav-ioral science experts advocate de-veloping and maintaining a timeline for information collected abouta particular subject, indicatingwhether a person behaves with

some consistency over time.9

Thiscould prove useful for court purposes or for further evaluation bydocumenting aspects of a subjects behavior and mental state. Time


4/35

August 2000 / 3

lines also serve as an excellentmethod for law enforcement admin-istrators to enhance crime surveysthat help track crime problems

in their jurisdictions and to deter-mine where they should apply theirresources.

Courts can benefit from usingtime lines to track subjects throughthe judicial process. This ensuresthat the courts have completed allthe appropriate procedures both be-fore and after adjudication. Addi-tionally, the time line also can helpvisually depict case facts to a pros-ecutor, grand jury, magistrate, orjudge.

TIME LINEIMPLEMENTATION

Various affordable spreadsheet programs exist that investigatorscan use to effectively construct timelines. After becoming familiar withthe program's drawing and hyper-linking tools, all levels of users cancreate fairly sophisticated timelines.

Consolidating Time LinesCreating a master or consoli-

dated time line represents one goalof using this type of software. Toproduce a master time line, investi-gators should develop individualtime lines for each investigativestep that deserves documenting,such as witness interviews, searchwarrant reports, record reviews, orsurveillance logs. When grouped,they form the master time line thatinvestigators could use to compare

events developed from various fac-ets of the investigation. For ex-ample, when investigators conductan interview, they need to analyze

the information and place thesalient facts, in chronologic order,on a time line for the interview andon a master time line for the case. Indoing so, investigators can quicklyview these events to determine sub-sequent courses of action.

In a murder investigation, wit-nesses statements that they ob-served the subject with a weapon ona certain date before the crime rep-

resents a significant event that in-vestigators would place on a timeline. In a fraud investigation, theinvestigator would document a sub-poenaed record reflecting the trans-fer of a large sum of money to abank account on the time line. Asthe investigator places each eventon the time line, an outline of thecase, which investigators can con-tinue to build on, emerges. Investi-gators should modify the time lineas the case develops or facts change.

By continually updating the timeline, investigators can use it for avariety of purposes, such as analyz-ing the investigation to date or ana-

lyzing potential subsequent inves-tigations to help identify appropri-ate leads or courses of action thatwould bring a case to a logical con-clusion. As investigators analyzethe master time line, they shouldconsider possible shortcomings inthe overall investigation. Thisanalysis will help investigators de-velop a strong case and disclose apossible course of action for subse-

quent investigation. The mastertime line also may provide manag-ers or prosecutors a quick referencefor case presentation or aid investi-gators in conducting further inter-views or interrogations.

Linking Time Lines

Time lines can contain muchmore than a simple chronology ofevents. Many software programs al-low investigators to add other datato time lines through hyperlinks,

which allow users to electronicallycross-reference documents. In do-ing so, investigators can incor- porate photographs, additional

Consolidated Time Line


5/35


reports, scanned documents, videomaterial, and other digitized datainto the time line. Simply clickingon the hyperlink allows investiga-tors to view the corresponding in-formation in its appropriate pro-gram. This allows investigatorsaccess to an evidence-retrievalmechanism that can double as a pre-sentation tool.

A TIME LINEILLUSTRATION

The following sample caseshows the concept of using a timeline. However, the time lines in thissample are oversimplified for illus-trative purposes. Obviously, in anactual investigation, the time linecould contain dozens if not hun-dreds of events. Most software pro-grams allow investigators to aug-ment time lines and can handlevoluminous case information.

The crime in this case involvesthe theft of $50,000 from the bankvault of the National Bank of

Anytown (NBA). In conducting theinvestigation, investigators initiallyinterviewed NBAs Branch Man-ager James Adams and bank tellerJoan Smith.

Adams Interview

Investigators gleaned pertinentinformation regarding this crimefrom the Adams interview. Ana-lysts would then place the salientpoints on a time line.

Teller Jesse Jones hasappeared somewhat unhappyat work.

Jones asked for a raise on

2/13/99, which managementdenied.

Jones acted as head teller from2/13/99 through 2/15/99, and,as a result, had legitimateaccess to the bank vault.

An audit conducted on 2/17/99discovered a $50,000 shortage,which prompted thisinvestigation.

Jones was observed in a newcar on 2/22/99.

Jones was observed wearing

a new expensive watch on2/24/99.

Smith Interview

Smith also provided relevantinformation during her interview.Investigators can create a summaryof her information and place it onthe time line.

Jones complained about herfinances on 2/12/99.

Jones complained about being

denied a raise on 2/14/99. Smith dropped Jones off at the

car dealer Imports, Ltd. to pickup a new car on 2/19/99.

Smith met the car salesmanand saw the new car.

Jones was boasting about anexpensive watch she receivedas a gift on 2/23/99.

Bank Records Review

A review of bank personnel

records indicated that Jones had achecking account at NBA. A subse-quent review of this account (result-ing from a subpoena) showed trans-actions worthy of placing on thetime line.

A cash deposit of $19,000 wasmade on 2/19/99.

A cash deposit of $8,750 wasmade on 2/20/99.

A wire transfer to Imports,Ltd. in the amount of $22,000

was made on 2/21/99. A cash withdrawal of $3,000

was made on 2/22/99.Time Line Comparison Shows Interview Discrepancies


6/35

As a result of the obtained in-formation, investigators conducteda follow-up interview at Imports,Ltd., with the salesman Bill Will-iams. Investigators added the sig-nificant data to the time line.

Williams Interview

On 2/20/99, Imports, Ltd.received an $8,000 cashdeposit from Jones for a newcar.

Jones purchased a new car for$30,000 using a wire transferfor the balance of $22,000 on2/21/99.

Williams met Smith whenJones came to pick up the newcar on 2/21/99.

Time Line Review

Up to this point, investigatorshave created a time line for eachwitness and the record review of thechecking account. Analysts cancompare these time lines by build-ing a master time line, which theyshould perform as the investigation

progresses. By creating and con-stantly reviewing and updating eachindividual time line, investigatorscan look for inconsistencies in theinvestigation and logically conductsubsequent investigations.

A review of the consolidatedtime line reflects a discrepancy be-tween the witness statements ofSmith and Williams. Smith indi-cates that she gave Jones a ride tothe car dealership and met Williamson 2/19/99, wherein Williams indi-

cates that meeting occurred on 2/21/99. A time line analysis can showthis discrepancy in a more obviousfashion.

Investigators must resolve thisconflict through a follow-upinterview of one or both witnessesor decide upon another course ofaction to verify the accuracy of thewitness statements. Use of timelines in this fashion prove most ef-fective in managing case informa-tion. The value of time line analysisbecomes most apparent when thesetypes of discrepancies exist in aninvestigation because they becomevisual. If investigators cannoteliminate discrepancies, at least atime line can alert them to possibleissues that a prosecutor must diffuse

before trial.

Time lines cancontain muchmore than a simplechronology of events.

digitized evidence, they can makecomparisons to obviate problemsin the investigation. Subsequentinvestigations become apparent andcase resolution is enhanced. Addi-tionally, investigators can access allof the supporting evidence with theclick of a mouse. Time lines enableinvestigators to search for specificinformation should a trial attorneyrequire them to do so. Investigatorswho use time lines may begin with aseemingly common spreadsheetprogram but become armed with a powerful and impressive tool thathelps them to better manage their

cases.

Endnotes

1 Samuel C. Certo,Modern Management:Diversity, Quality, Ethics, and the Global

Environment (Boston, Massachusetts: Allynand Bacon, 1994), 198-199.

2 Joseph Horowits, Critical Path Schedul-ing: Management Control Through CPM and

PERT(New York, New York: Ronald PressCompany, 1967).

3 Robert R. Hoffman, Beth Crandall, andNigel Shadbolt, Use of the Critical DecisionMethod to Elicit Expert Knowledge: A CaseStudy in the Methodology of Cognitive Task

AnalysisHuman Factors, June 1998, 254-276.4 Larry Reichenberger, A Bottleneck at the

Bins (Tips to Improve Grain Drying),Successful Farming, November 1997, 27-29.

5 John E. Hess,Interviewing and Interroga-tion (Cincinnati, Ohio: Anderson PublishingCo., 1997), 9-10.

6 Don Rabon,Interviewing and Interroga-tion (Durham, North Carolina: CarolinaAcademic Press, 1992), 5.

7 The Reid Technique of Interviewing andInterrogation,John E. Reid and Associates,Inc., Chicago, Illinois, 1998.

8 Michael R. Napier and Susan H. Adams,Magic Words to Obtain Confessions,FBI

Law Enforcement Bulletin , October 1998,

11-15.9 Anthony J. Pinizzotto and George D.

Deshazor, Interviewing Erratic Subjects,FBI Law Enforcement Bulletin, November1997, 1-5.

CONCLUSIONThe law enforcement commu-

nity handles many complex crimi-nal investigations each year. Ad-ministrators constantly must lookfor ways to help investigators dealwith the difficulty of assimilatingvast amounts of information inher-ent in managing complicated cases.Time line analysis can provide in-vestigators with a method ofquickly tracking and retrieving in-formation that they may have spent

many hours developing.Once investigators have con-

structed time lines and completedall of the supporting links to the

August 2000 / 5


7/35


Perspective

RethinkingInvestigative PrioritiesBy Gary J. Glemboski

community beleaguered by crime faces ahost of related problems. Businesses will not

cases, no witnesses or evidence exists. Consequently,these incidents have a low solvability factor.

In most departments, high-profile crimes garnerhigh priority, not only because of the gravity of the

crime but also because of their high solvability. At thesame time, larcenies and other property crimes getrelegated to the bottom of the case pile. However, theSPD assigns each case equal weight, an approach itcalls reverse solvability. It may take even more skillto investigate crimes with traditionally low solvabilityand bring them to a successful closure. However,doing so can significantly decrease the crime rate.

Next, the department emphasizes thoroughinvestigation by responding patrol officers, whoattend 8 hours of in-service training to sharpen theirinterviewing skills. They learn to ask pertinent,probing questions and not just be report writers.

Officers must understand that they serve as thepreliminary investigators and strive to produce anall-inclusive report. A supplemental report, whichincludes the patrol officers opinions regardingsuspects and other important information, goes toinvestigators for follow-up.

Above all, patrol officers must ensure the factualaccuracy of their reports. In some cases, investigation

Lieutenant Glemboskicommands a special

operations unit for the

Savannah, Georgia,Police Department.

Alocate in or will move from crime-ridden cities, takingjobs and employees with them. Tourists will vacationelsewhere. Perhaps most important, residents willmove to where they feel safe, and those who are leftbehind will live in fear.

While public officials may clamor for a reductionin high-profile crimes to decrease the overall crimerate, minor crimes increase the overall crime ratebecause they account for such a large portion of totalcrime. Although violent crimes prove traumatic forthe victims and their families, such crimes occurmuch less often than other crimes, such as larceny.1

In short, larceny2 is a crime that hits close to home.Accordingly, the Savannah, Georgia, Police Depart-ment (SPD) targeted larcenies to reduce their occur-rence, decrease the crime rate, and to improve thequality of life for all of its residents.

Reduce Larcenies, Reduce Crime

Violent crimes are serious offenses that requireand deserve adequate attention and resources. Yet,both larcenies and murders have equal value when it

comes to the crime rate because they each count asone incident.3 Assigning high-profile, violent crimecases to the most skilled investigators while givinglarcenies to inexperienced investigators or not empha-sizing the importance of solving them not onlyadversely affects an agencys ability to influence thecrime rate but also gives lesser priority to a crimeproblem that affects a majority of citizens.

Targeting Larcenies:The Reverse Solvability Factor

The SPDs strategy to target larcenies represents amultifaceted approach. First, the department gives

each crime equal weight. For such crimes as homi-cides, witnesses, confessions, and other evidence canhelp investigators quickly close the case, giving it ahigh solvability factor. However, in many larceny


8/35

August 2000 / 7

may reveal that the incident could not have happenedas claimed, and the property owner may be guilty offiling a false report. Equally important, officersshould correctly classify each crime. If necessary,

reclassification must be done honestly, not merely inan attempt to reduce a departments crime numbers.In the SPD, data entry personnel review all reports,and only the supervisor, a sergeant, can reclassify acrime. The check-list style of form the departmentuses for reporting crimes leaveslittle room for error, so reclassifi-cation rarely occurs.

Should patrol officers spendtheir valuable time taking theftreports? After all, many propertyowners only report thefts to thepolice so they can file an insurance

claim. Consequently, agenciesoften take these reports over thetelephone with little or no investi-gation. Although this method savestime and resources, it could lead tofraudulent reporting. Moreover,when officers take reports inperson, it can go a long way toimproving community relations. Agencies need todecide for themselves if the benefits of sending apatrol officer to investigate a property crime out-weigh the costs. No matter what method they useto take reports, agencies should use computerized

records management systems to help link incidentsand solve additional cases.

A Collaborative Approach

The SPD realized that teamwork can mean thedifference between success and failure for anyprogram. Accordingly, the department has assignedproperty crimes investigators in two of the citys fourprecincts. This arrangement brought investigators andpatrol officers closer together physically and, at thesame time, improved communication between them.Working closely with patrol officers and precinctcommanders helps investigators tackle the citysproperty crime problem.

In addition, SPDs leaders met with prosecutorsand judges to ensure that individuals brought before

the court for larceny crimes would receive the maxi-mum sentence. Such punishment sends a strongmessage to those contemplating crimes of this type.Finally, crime prevention officers in each precinct

work with residents to help prevent crime.Conclusion

Every day the news paints a gruesome crimepicture. Rape, murder, and other violent acts capture

the publics attention. Yet, Ameri-cans remain more likely to becomevictims of theft than homicide.4

By assigning equal resources toproperty crimes, which affect thecrime rate just as much as othercrimes while affecting more of thepopulation,5 police departments

may reduce crime rates whilehelping their residents feel safe.

The Savannah Police Depart-ment has initiated such a strategy.While still committed to reducingviolent crimes, the department alsohas begun to address the lessserious, yet more prevalent occur-

rence, of larcenies. By attacking a problem thataffects many of its citizens, the department has shownits concern not only for those few victims of violencebut for the welfare of the entire community.

Endnotes

1 U.S. Department of Justice, Federal Bureau of Investigation, UniformCrime Reporting, Crime in the United States 1998 (Washington DC:1998), 66-67.

2 Larceny-theft is the unlawful taking, carrying, leading, or ridingaway of property from the possession or constructive possession ofanother. It includes crimes, such as shoplifting, pocket-picking, purse-snatching, thefts from motor vehicles, thefts of motor vehicle parts andaccessories, and bicycle thefts, in which no use of force, violence, or fraudoccurs. U.S. Department of Justice, Federal Bureau of Investigation,Uniform Crime Reporting, Crime in the United States 1998 (Washington,DC: 1998), 43.

3 Eight crimes comprise the FBIs Uniform Crime Reportingprograms Part I, or Index, Crimes. These crimesmurder andnonnegligent manslaughter, forcible rape, robbery, aggravated assault,

burglary, larceny-theft, motor vehicle theft, and arsondetermine acommunitys crime rate.

4 Supra note 1.5 Supra note 1.

...both larcenies andmurders have equalvalue when it comes

to the crime ratebecause they each

count as one incident.


9/35


riminals have evolved from picking pockets to usingmore sophisticated meth-

business in order to obtain propertyor some lawful right.2 Identity theftdiffers from other forms of less cal-culated fraud. For example, a juve-nile using someone elses driverslicense to purchase alcohol does notconstitute identity theft. Althoughintentional deception exists, usingsomeone elses license to make apurchase does not result in a loss to

the victim company.The Identity Theft and As-

sumption Deterrence Act of 1998made identity theft a federal crime

and recognized the true victimtheperson who had their identity sto-len. This act enables law enforce-ment agencies to investigate iden-tity theft crimes and the associatedfraud that often results.3 In 1997, theFinancial Crimes Division of theU.S. Secret Service investigated9,455 cases of identity theft withlosses totaling $745 million.4 In the

past decade, the U.S. Secret Servicehas observed an increase in finan-cial institution, credit, and computer fraud facilitated by identity

ods of theft. Today, thieves cansteal personal information and useanother persons identity to commitnumerous forms of fraud. Identitytheft, the criminal act of assuminganother persons name, address, so-cial security number, and date of

birth in order to commit fraud, af-fects approximately 350,000 to500,000 victims annually.1 Fraud isintentionally deceiving a person or

CPhotodisc

Identity TheftA Fast-growing Crime

By MATTHEW L. LEASE and TOD W. BURKE, Ph.D.


10/35

August 2000 / 9

theft.5 One of the three major creditbureaus reported 522,922 consumerinquiries in 1997, with two-thirds ofthis amount related to identity theft,

up from 35,000 in 1992.6

Theamount of identifying informationavailable over the Internet and froman individuals trash and mail aswell as the increasingly sophisti-cated tactics used by criminals hasfacilitated the increase in identitytheft. By examining how identitytheft occurs and the steps to resolveit, preventive measures can curbthis fast-growing crime.

HOW IDENTITY

THEFT OCCURSIdentity theft can occur in many

ways. Identity thieves scavengethrough garbage, steal and redirectmail, use internal access of data-bases, and surf the Internet search-ing for personal information. Tocombat the growing number ofidentity theft cases, law enforce-ment officials should know howthieves gather another personsidentifying information.

Dumpster Diving

An individual or business thatfails to dispose properly of personalidentification information, byshredding or mutilating, could findthemselves susceptible to adumpster diveran individualwho retrieves discarded materiallooking for anything of value.Dumpster divers obtain accountnumbers, addresses, and dates of birth from financial, medical, and

personal recordsall of which theycan use to assume an identity.One dumpster diver drove

around affluent neighborhoods on

garbage collection day.7 He pickedup garbage bags left on the curb,took them home, and rummagedthrough them. The social security

numbers and preapproved creditcards he obtained from the garbage,along with using rented mailboxes,cloaked him from his crimes.8 Busi-nesses that rent mailboxes for short periods of time make tracing adumpster diver difficult. Thesecompanies do not require a lot ofinformation about the renter, whichaids the individual in remainingmobile and isolated from the crime.Law enforcement agencies shouldestablish mutual agreements with

these businesses to facilitate infor-mation gathering. Additionally, po-lice may deter dumpster divers bypatrolling residential areas more ag-gressively on garbage collectiondays and during the tax season, a prosperous time for dumpsterdivers. Many taxpayers dispose of

old receipts and financial recordscarelessly. Through town hall meet-ings, local newsletters, or commu-nity bulletins, law enforcement

departments can disseminate pre-vention information on identitytheft. By encouraging people toshred documents and by enforcinglocal trespass ordinances with re-gard to residential and industrialdump sites, law enforcement agen-cies can prevent thousands of iden-tity theft cases.

Mail Theft

Mail theft presents another waycriminals obtain personal identifi-

cation information. Thieves checkmailboxes looking for paid bills orcredit card payments that peopleleave in their mailbox for the postalcarrier to collect. Thieves use infor-mation from these items to obtaincredit or to purchase products andservices in the victims name.

Mr. Lease served as a military

police officer and is currently agraduate student-researcher atRadford University in Radford,Virginia.

Mr. Burke, a former police

officer, is an associateprofessor with the departmentof criminal justice at RadfordUniversity in Radford, Virginia.


11/35


Further, mail theft can occur frommail processing areas by postalemployees.

Additionally, criminals might

attempt to complete a change of ad-dress card in order to divert thevictims mail to a rented mailbox.Police agencies should instruct vic-tims to notify their postal inspectorimmediately if they suspect thatsomeone has forwarded their mailto another location. Law enforce-ment departments should urgepeople not to leave their paid bills inthe mailbox for the carrier to collectand recommend that residents droptheir paid bills and account pay-ments at the post office or in alocked mailbox.

The Citrus Heights Police De-partment in Sacramento, California,conducted community meetings,which revealed that mail and iden-tity theft had become significantproblems for citizens.9 By contact-ing mail couriers or the local postalinspector, officers can determine ifmail theft presents a problem intheir jurisdiction. Cooperation be-

tween law enforcement and postalofficials will make mail theft moredifficult.

Internal Access

Internal access refers to an indi-vidual obtaining personal informa-tion illegally from a computer con-nected to a credit reporting bureauor to an employee accessing acompanys database that containspersonal identification information.Such an insider will look for names

similar to their own, or for someonewith good credit, intending to as-sume their identity and commitcredit fraud. Also, the employee

may attempt to sell the personalinformation to another thief. Thishappened in Fayetteville, Califor-nia, when a consumer learned that

her credit report revealed five newaccounts issued in her name. Anidentity thief had charged over$65,000 of unsecured debt using heridentity.10

The negligence of a companythat permits such access in anunmonitored environment contrib-utes to this type of identity theft.One medical office employee ille-gally obtained a patients name andsocial security number, establisheda credit line, rented an apartment,and earned income in the patientsname.11

Computerized Informationand the Internet

Todays information agechanges the way thieves commitcrimes. With so much personal in-formation obtainable in the net-worked world, thieves can accessinformation easily. They find per-sonal identifying informationthrough computerized informationservices, also known as information brokers. These services collect,sort, package, and sell personal in-formation in electronic form toother businesses and individuals.Computerized information services

may not safeguard the personal in-formation adequately nor screen purchasers of computerized infor-mation appropriately, creating theopportunity for an identity thief tocommit fraud. Private companiesand individuals in some states can purchase drivers license informa-tion and photos, traditionally re-stricted to law enforcement authori-ties. South Carolina and Floridaofficials sold millions of digital photos of drivers licenses to pri-

vate companies, which raised seri-ous questions about personal pri-vacy. Who has access to theinformation? How will individualsand companies safeguard the data?After a surge of citizen complaintsand questions, state officials inFlorida and South Carolina haltedthe sale of digital photographs.12

According to one organization,the Internet also provides opportu-nities for identity theft.13 Compro-mised public and private networks

endure millions of dollars in losses,annually.14 In the case of one company, a security breach allowedanyone to view thousands of private

To reduce the misuse of per-sonal information, police depart-ments with financial or crime pre-vention units should conduct 1- or2-day workshops with businessesthat have the threat of internal ac-cess fraud. Law enforcement repre-sentatives should work with busi-

ness security managers to suggestpossible restrictions and proceduresto limit access to personal identifi-cation information.

...state legislatureshave begun

adopting statutesthat make stealinga persons identity

a crime....


12/35

August 2000 / 11

customer information files thatrevealed names, addresses, andother personal information, withoutrestriction.15 Company officialscorrected the problem quickly, butmany consumers began to questionthe guarantees of information confi-dentiality and realized the vulner-ability of information on theInternet.

HOW TO RESOLVEIDENTITY THEFT

Victims may need months or

years to restore their credit andreputation. Law enforcement agen-cies should advise citizens toreport identity theft immediately.Departments should gather asmuch documented evidence fromthe victim as possible. After completing the initial report, agenciesshould provide a copy to the victim,along with the phone number of thefraud investigator assigned to thecase. Credit card companies, banks,and insurance companies often re-

quire the police report to verifythe crime.

After notifying the police, vic-tims should take the necessary steps

to mitigate and resolve the damagecaused by identity theft. Depart-ments can provide these stepsthrough a booklet or private consul-tation with an investigator, usingseparate procedures for differenttypes of identity theft. Althoughother forms of identity theft exist(e.g., theft of cellular phones,drivers licenses, passports, andchecks), credit theft remains themost common.

Law enforcement agenciesshould instruct victims to contact

their current credit card and loancompanies about the theft. Victimsshould cancel old cards and ordernew cards with different accountnumbers. The victim should informall check-monitoring agencies ofthe theft and alert the fraud depart-ments of the three major credit bu-reaus in order to place a hold onaccounts.

Additionally, victims shouldcomplete and submit a credit fraudreport with a victim statement to the

credit bureaus. The victim state-ment should explain briefly that anindividual has used their identityfraudulently to apply for credit and

provide a contact number to verifycredit applications, as well. Victimsshould request the credit bureaus toprovide free monthly credit reportsto monitor for evidence of newfraudulent activity. Departmentsshould recommend that victimskeep a log of all conversations withpolice officers and financial institu-tion officials. Agencies should ad-vise victims that no one can removeinformation from their credit reportand warn them about credit repairscams that promise to restore tar-

nished credit reports. Officers mayneed to refer traumatized victims ofidentity theft to support groups,which can assist and support iden-tity theft victims as well as help inthe recovery process.16

HOW TO PREVENTIDENTITY THEFT

Law enforcement agencies, aswell as businesses and consumers,have an equal obligation to fulfillwhen preventing identity theft.

Agencies can disseminate informa-tion to minimize the risk of identitytheft through their Internet sites,local media, or community policing

Recommendations and Strategies for Preventing Identity Theft

Patrol residential areas on trash collectiondays and during the tax season.

Enforce trespass laws with regard toresidential and industrial dump sites.

Advise citizens to shred documentsand drop off mail in a locked mailbox.

Remind people to be cautious usingautomated teller machines.

Disseminate information to the public onhow to mitigate and prevent computer,

credit, and cellular telephone fraud. Suggest restrictions to businesses to reduce

internal access fraud.

Educate officers about the various methodsused to commit identity theft and theresulting types of fraud.


13/35


thousands of identity theft cases.Recognizing this increase, state leg-islatures have begun adopting stat-utes that make stealing a persons

identity a crime, giving law en-forcement the necessary tools tobattle this fast-growing offense.

Some consumer advocates haveestimated that identity thieves vic-timize as many as 1,000 people perday.17 Some criminals use conven-tional methods, such as dumpsterdiving and mail theft, while othersuse newer technology, such as in-sider computer access and theInternet, to obtain a fraudulent iden-tity. The various ways that crimi-

nals use personal information willchange as technological develop-ments continue. Police can assist inthe recovery and prevention ofidentity theft by providing correc-tive steps and helpful tips that allowcitizens to avoid the traumatic con-sequences that result.

Endnotes

1 L. Wolf, Theft of Identity, Credit AbusesStir Anguish, The San Diego Union Tribune,February 10, 1999, B1.

2 M. Pena,Practical Criminal Investigation,3d Ed. (Placerville, California: CopperhousePublishing Company, 1993).

3 18 U.S.C. 1028.4 T. Lowry, Information Brokers Put on

Brakes, New Limits to Cut Identity Theft, USAToday, January 18, 1999, 3B.

5 Ibid.6 Ibid.7 J. Hoffman, The Art and Science of

Dumpster Diving, (Port Townsend, Washington:Loompanics Unlimited, 1993).

8 T. Dacolias, Identity Theft, availablefrom http://www.congames.com/identity.html,accessed onMarch 5, 1999. This site is nolonger accessible.

9 D. Richie, Police Eye ResidentsConcerns, Drug Dealing Seen As Citys TopTrouble, The Sacramento Bee, January 31,1999, N1.

initiatives, such as NeighborhoodWatch meetings and communityliaisons. Departments should rec-ommend that individuals check

their credit report annually to en-sure accuracy and report any dis-crepancies to credit bureaus for cor-rective action.

Additionally, agencies shouldadvise individuals to reduce theamount of personal information thatexists in the public domain and en-courage people to remove theirnames and addresses fromtelemarketing lists. They shoulddisclose personal information only

Identity Theft Resources

Social Security AdministrationFraud report 800-269-0271

TransUnionFraud report 800-680-7289Credit report 800-888-4213

Cancel preapproved credit card offers 888-567-8688

EquifaxFraud report 800-525-6285Credit report 800-685-1111 or 800-997-2493

ExperianFraud report 800-301-7195Credit report 800-682-7654Cancel preapproved credit card offers 800-353-0809

For more details on identity theft, visit these Web sites:www.identitytheft.org

www.privacyrights.orgwww.futurecrime.com

when necessary. Other tips includeshredding financial documents and preapproved credit card applica-tions, which minimizes the threat

of dumpster divers obtaining valu-able personal information. Lawenforcement officers should adviseconsumers who purchase productsover the Internet to use a securesite, which encrypts their personalinformation, to place their order.

CONCLUSION

Identity theft has escalateddramatically. Local and statelaw enforcement agencies handle

The three major credit bureaus:


14/35

August 2000 / 13

10 B. Horne, Identity Theft DisruptsFayetteville Womans Life,FayettevilleObserver-Times, September 21, 1998.

11 State of California, Department ofConsumer Affairs, Credit Identity Theft: Tipsto Avoid and Resolve Problems, Legal GuideP-3, January, 1998, 1.

12 R. OHarrow and L. Leyden, FirmGot Almost $1.5 Million in Federal Aid to BuildDrivers License Database, The Dallas

Morning News, February 18, 1999, 6A.13 The Computer Security Institute,

established in 1974, is an organization ofcomputer security professionals dedicated toserving and training information, computer, andnetwork professionals. It offers classes inencryption and intrusion management.

14 Newswire, eBay Selects Equifax Secureto Verify Identity of Buyers, Sellers Over theInternet, January 15, 1999.

15 T. Hamilton, Privacy Czar Raps Absenceof Online Protection, Commissioner SaysElectronic Commerce Will Stagnate untilRegulations Establish Trust on the Internet,

The Globe and Mail, March 4, 1999, T1.16 California Public Interest Research Group,

Victims of Identity Theft Action andSupport Group, available from http://www.igc.apc.org/pirg/calpirg/consumer/

privacy/toi/voit.htm; accessed on Janu-ary 5, 2000.

17 Supra note 4.

Preliminary statistics released by the FBIindicate that 42 law enforcement officers losttheir lives due to criminal action in 1999, thelowest recorded figure in more than 35 years.The total shows a decrease of 19 officer deathscompared with the 1998 annual count of 61 and29 fewer deaths than occurred in 1997. Thirty-nine separate incidents account for the 42officer deaths in 1999. Law enforcement agen-cies have cleared 38 of these incidents byarrest or exception means; 2 suspects remain atlarge.

Firearms continue as the weapon most fre-quently used to kill officers. Suspects employedhandguns in 25 slayings, rifles in 11, andshotguns in 5. The remaining officer was killedwith a vehicle. At the time of their deaths, 27

officers were wearing body armor. Five of the42 officers were killed with their own weapons.

Twelve officers lost their lives during arrestsituations: 6 serving arrest warrants; 3 attemptingto prevent robberies or apprehend robbery sus-pects; 2 investigating drug-related situations; and 1attempting to apprehend a burglary suspect. Eightofficers were killed enforcing traffic laws, 7investigating suspicious persons or circum-stances, 7 answering disturbance calls, 6 encoun-tering ambush situations, and 2 handling prisoners.

The FBI also released preliminary statisticson the number of officers accidentally killed in theperformance of their duties. In 1999, 63 officerslost their lives in accidents. This total representsa decrease of 18 compared with the 81 accidentaldeaths that occurred in 1998.

For the complete preliminary annualLawEnforcement Officers Killed and Assaultedpress

release, access the FBIs Internet site at http://www.fbi.gov.

Lowest Number of U.S. Police Deaths in 35 Years

Crime Data


15/35


Book Review

Community Education and Crime Pre-

vention: Confronting Foreground and Back-ground Causes of Criminal BehaviorbyCarolyn Siemens Ward, published by Bergin &Garvey, Westport, CT, 1998

Community Education and Crime Preven-tion gives both specific insight into how theHyde Park community of St. Louis, Missouri,manages criminal behavior as well as providinggeneral information on crime prevention thatany community can use. Community policing,a popular topic in law enforcement circles,receives attention throughout the United Statesin print, at lectures and conferences, and through

course work. It encompasses community educa-tion, citizen involvement, and crime prevention.The author, a community education professorand member of the National Community Edu-cation Association, discusses all of these topicsin Community Education and Crime Prevention.

The author begins by using a quote fromAlexis de Toqueville: Each person, withdrawninto himself, behaves as though he is a strangerto the destiny of all the others. As for his trans-actions with his fellow citizens, he may mixamong them, but he sees them not; he touchesthem, but does not feel them; he exists only in

himself and for himself alone. There no longerremains a sense of society. To the contrary, theauthor presents research clearly indicating thatlaw enforcement agencies must become in-volved with citizens and create strategic andlong-term plans to manage the increase incriminal behavior.

Community Education and Crime Preven-tion is divided into two parts. Part I addressesforeground causes (opportunity) of criminalbehavior and consists of five chapters thatinclude A Theory of Crime Causation andHyde Park Crime: Prevention Efforts and TheirEffects. Part II confronts background causes(social malaise and demographics) and offersinstruction on a community education approach.

Within its fifteen chapters, Part II ranges from

What is Community Education? to Leader-ship for Community Education. The bookincludes theories by the authorities and thepractical wisdom of the neighborhood citizenry.For example, one expert believes that citizenstended to drastically misperceive the powerarrangement in their communities, seeing morecompetition than actually existed. A localresident commented on the power structure bystating, I look at it as pluralistic and we havea lot of different agencies that do a lot of differ-ent things.

The crux of the book lies with bringing

citizens out of their individual circles andencouraging participation in every facet of thecommunitys makeup. A basic step to accom-plishing such a task involves using neighbor-hood schools as community centers to fulfillmultiple purposes. Neighborhoods shouldconduct community events and meetings inneighborhood schools and keep the schoolsdoors open after school hours, allowing childrena safe location to meet and play with friends.Parents should volunteer in their childrensschools and understand how they can makepositive changes. Additionally, neighborhoods

should recruit or become aware of the existingservice or social organizations whose outreachinvolves all aspects of family and communityassistance. After instituting these services,families should spread the word about suchopportunities and available assistance. All ofthese suggestions combine to form a finalproduct. A strong, interwoven system of servicesand neighbors may effectively reduce crime incommunities. Educating neighborhood residentsleads to their empowerment.

Reviewed byDjana E. TrofimoffOperations Analyst

Planning and Research UnitKansas City, Missouri, Police Department


16/35

August 2000 / 15

he vast majority of policeofficers perform their diffi-cult jobs in a professionalTmanner. However, exceptions do

occur. In one instance, an on-dutysheriffs deputy approached a ver-bally abusive drug addict strappedto a gurney in an emergency room,drew his pistol, placed the barrel ofthe weapon into the addicts mouth,and threatened to pull the trigger ifhe did not stop shouting. Police mis-conduct also encompasses less ob-

vious wrongdoing, such as strikingsuspects more than necessary orthreatening to harm them if they donot cooperate.

Even those officers clearedof wrongdoing often do notunderstand the color of law investi-gative protocol and feel unjustlytargeted by the U.S. Department ofJustice (DOJ) or the FBI, whichhave jurisdiction in these matters.1

In order to better comprehend colorof law investigations, officersshould understand the role of theFBI and DOJ in color of law investi-gations, the legal guidelines for po-lice misconduct, and the investiga-

tive protocol in these cases. Moreimportant, officers can take steps to prevent unnecessary color of lawinvestigations.

BACKGROUND

In 1957, President Eisenhowermandated that DOJ prosecute civilrights violations, to include policemisconduct, thus, allowing uniformapplication of civil rights law acrossthe nation.2 Approximately 74 per-cent of all civil rights investigationsreported each year allege policemisconduct.3 Because state and fed-eral authority for civil rights inves-tigations comes from differentstatutes, double jeopardy usually

does not apply. In fact, dual pros-ecution may occur because separatesovereigns (i.e., federal and state)may prosecute individuals. One

George Godoy

Color of Law InvestigationsBy JOHN R. SCHAFER


17/35


well-known example of dual pros-ecution occurred when a Los Ange-les County Superior Court jury ac-quitted the four police officers who

beat Rodney King. After reviewingthe jurys verdict, DOJ elected tocharge the officers in federal courtwith color of law violations.

Approximately 30 attorneysfrom the DOJ Civil Rights Divisionand 190 FBI special agents in 56field offices investigate and pros-ecute civil rights matters.4 The mostcommon types of police miscon-duct include excessive force, sexualassault, intentional false arrest, fal-sifying evidence, extortion, andother related offenses. Of the nearly10,000 color of law complaints re-ceived each year, DOJ prosecutesonly about 30 police officers.5 Theremaining cases either lack pros-ecutive merit or do not require for-mal judicial proceedings to resolve.Additionally, these figures do notinclude police misconduct complaints adjudicated at the state orlocal level.

COLOR OF LAW STATUTES

The term color of law derivesfrom the federal statute, Title 18,U.S. Code, Section 242, titled

Deprivation of Rights Under Colorof Law, which primarily governs police misconduct investigations.This statute makes it a crime for anyperson acting under the color of lawto willfully deprive any individualresiding in the United States thoserights protected by the Constitutionand U.S. laws. Other related federalstatutes include Title 18, U.S. Code,Section 241, Conspiracy AgainstRights; Title 18, U.S. Code, Sec-tion 1512, Obstruction of Justice;and Title 18, U.S. Code, Section1001, False Statements. Federalstatutes generally restrict color oflaw investigations to official ac-tions taken by police officers, fed-eral agents, sheriffs deputies, cor-rectional officers, and other publicsafety officials. However, off-dutyofficers who assert their official sta-tus also may face prosecution. Inrare cases, the actions of security

guards, private citizens, judges, de-fense attorneys, and prosecutorswho willfully participate with fed-eral, state, or local law enforcement

officials in the commission of colorof law violations fall within the pur-view of the federal statutes.

Punishment for color of lawviolations varies depending on thegravity of the offense. Penalties forminor infractions range from proba-tion to 1-year imprisonment, a fine,or both.6 Under aggravated circum-stances, offenders risk the maxi-mum sentence of imprisonment upto 10 years, a fine, or both. If loss oflife occurs as a result of intentionalpolice misconduct, the officer couldface the death penalty.7

INVESTIGATIVE PROTOCOL

Color of law investigationscomprise two categoriescriminalwrongdoing and pattern-and-prac-tice misconduct. Criminal wrong-doing focuses on individual mis-conduct, while pattern-and-practicemisconduct leads to civil proceed-ings and examines systemic mis-conduct in law enforcement agen-

cies. Police officers wontedly usingtraffic stops as a tool of intimidationto discourage minorities from enter-ing town illustrates pattern-and-practice misconduct. To sustain thistype of misconduct, the actions ofofficers in a department must prove pervasive. The Special LitigationSection of DOJs Civil Rights Divi-sion investigates most pattern-and-practice violations.

Criminal matters require proof

beyond a reasonable doubt; how-ever, civil proceedings need onlyestablish the preponderance of theevidencea lower standard of

Two types of colorof law investigationsexist: a preliminaryinvestigation and a

substantial caseinvestigation.

Special Agent Schafer serves in the Lancaster ResidentAgency of the FBIs Los Angeles, California, Field Office.


18/35

August 2000 / 17

proof.8 Punishment for criminalwrongdoing is imprisonment, afine, or both. In civil proceedings, a

judge orders the police department

to correct any deficiencies in theiradministrative, training, or policy

procedures.DOJ or the FBI can initiate a

color of law investigation based oncredible media reports or a com-

plaint from any person who doesnot have a history of providing falseinformation. Any valid complainttriggers a color of law investigation;however, the extent of the investi-gation depends on the specific factsof the complaint. Two types ofcolor of law investigations exist: a

preliminary investigation and a sub-stantial case investigation.

Preliminary Investigation

The preliminary investigationgleans sufficient information forDOJ attorneys to evaluate the inci-dent with the least amount of dis-ruption to the police officers dailyroutine. The investigative steps inthe preliminary investigation in-clude identifying and interviewingthe victims; identifying and inter-viewing witnesses; conductingcriminal checks for both subjectsand complainants; photographingthe injuries, if appropriate; and ob-taining police reports and medicalrecords or a coroners report in theevent of a death. Additionally, theFBI notifies in writing the officersemploying agency of the ongoingcolor of law preliminary investiga-tion. Also, the preliminary report

incorporates a list of individualsthat DOJ will notify at the conclu-sion of the investigation. This listcontains the name and address of

the complainant, the subject or subjects of the investigation, and asupervising official at the employ-ing law enforcement agency. After

completing these steps, the FBI for-wards the report to DOJ for review.

The FBI mandates that itsagents complete preliminary colorof law investigations within 21 daysof receipt of the complaint; how-ever, a DOJ decision may takemonths to finish because of thelarge number of reports submittedeach year. This delay often leaves a

police officer frustrated whileawaiting the outcome of the DOJreview. The DOJ notification letter

also discourages some officers be-cause it states only that the facts ofthe case do not support federal pros-ecution. Due to the large volume ofcomplaints, DOJ does not tailor thenotification letters to each specificcomplaint. The generic wording inthese letters may not specificallyexonerate the officer, leaving theofficer and the officers employer to

wonder if the report lacked suffi-cient evidence to support a prosecu-tion or if the officer acted properly.

Neither the length of the DOJ

response nor the vagueness of thenotification letters indicates anylevel of guilt on the part of the offic-ers involved. Regardless of the

outcome of the federal investiga-tion, the employing agency stillmaintains the prerogative to disci-

pline violators of administrativepolicies.

Substantial Case Investigation

If the facts cited in the prelimi-nary report warrant additional in-vestigation, DOJ initiates a substan-tial case. The investigative steps

beyond the preliminary investiga-tion include interviewing medical

personnel and physicians, if appro-priate; reviewing police logs and in-ternal affairs reports; interviewingthe subject or subjects of the inves-tigation; photographing and dia-gramming the crime scene; and se-curing all relevant evidence andwitness testimony. When the factsof the substantial case indicate thatthe subjects may have violated thecivil rights of the victims, a federalgrand jury convenes to formally in-

vestigate the incident.The Grand Jury Process

A federal grand jury consists of between 18 and 24 citizens, whohave the power to subpoena wit-nesses and examine all relevant evi-dence. The grand jury inquiry estab-lishes victim and witnesscredibility, provides the subject anopportunity to testify, and deter-mines probable cause. When the in-quiry concludes, the grand jury

hands down a true bill or a no bill.A true bill, also referred to as anindictment, means the grand jurydetermined that probable cause

...officers can takesteps to preventunnecessarycolor of law

investigations.


19/35


Civil Rights Subprograms **Percent of FBI

Investigations

FBIPriority

1

2

3

4

Racial or Religious DiscriminationViolence/No Violence

25

72

0.2

2.5

Color of LawForce/Misconduct

Involuntary Servitude/Slavery

Violence Against Reproductive Health Clinics

Note:Percentages may not equal 100 due to rounding.*Obtained from FBI Headquarters Civil Rights Program New Agent Training Handbook, (U.S. Department of

Justice, Federal Bureau of Investigation), 5.**Percentages reflect civil rights investigations conducted in fiscal year 1997.

FBI Civil Rights Subprograms*

Violence and hate crimes by individuals or members

of racist groups

Damage/destruction of religious property

Discrimination in occupation, purchase, sale, rental or

financing of housing on the basis of race, color, religion,

sex, handicap, familial status, or national origin.

Voting rights violations

Criminal interference with the Civil Rights Act of 1964

Includes investigations of:

Physical abuse

The infliction of summary punishment

The deprivation of rights through fabrication of evidence

Includes investigations of:

Investigations involve migrant farm workers orimmigrants who are forced to work against their will.

Bars conduct, including violence, that would obstructaccess to reproductive health facilities or cause damage

or destruction to these properties.


20/35

August 2000 / 19

exists to believe that a crime oc-curred and that the subject of theinquiry committed the crime. After

the grand jury indicts a subject, atrial in federal court follows. A no

bill means the grand jurors foundinsufficient evidence to sustain afederal prosecution.

PRACTICAL APPLICATION

The public, activist groups, andinternal affairs units routinely scru-tinize the conduct of law enforce-ment officers. However, this scru-tiny should not prevent policeofficers from effectively doing their

jobs. Neither the subjects of a colorof law preliminary investigation northeir employers should assume anywrongdoing on the part of the offic-ers. A preliminary investigationsimply means that a citizen filed acomplaint; the investigation thatfollows determines the veracity ofthe allegation.

In many instances, offenders,upon arrest, allege police miscon-duct to divert attention from their

own misdeeds. Typically, DOJ doesnot open an investigation but,rather, allows the local judicial sys-tem to examine the alleged miscon-duct in conjunction with thecomplainants pending charges. Inthe event the allegations are sub-stantiated, DOJ will initiate a

preliminary investigation.

PREVENTING COLOR OFLAW INVESTIGATIONS

Although police officers cannot

prevent color of law complaints,they can take steps to ensure thattheir actions do not place themin jeopardy. Police officers carry

batons, pepper spray, guns, andother tools to protect their lives andthe lives of others. Officers should

use these tools within the param-eters of state and federal laws andtheir agencys policies.

Most officers exercise good judgment in crisis situations, butthey often do not adequately recordtheir actions. In the event of a mis-conduct complaint, the reviewingofficials rely almost exclusively onreports to make an initial judgmentregarding justification for the use offorce. In many cases, the lack ofinformation in reports triggers sub-stantial case investigations when, infact, the officers did not violate anylaws.

Complete and accurate reportsreflect officers actions regardlessof how officers or their colleagues

judged those actions. Good inten-tions do not always yield good re-sults. For example, a Californiastate prison correctional officer

struck an aggressive inmate severaltimes in the head with a baton, caus-ing severe injuries. The officer who

struck the inmate, along withseveral other officers present duringthe attack, failed to accuratelyrecord the sequence of events. Ad-ditional investigation determinedthat some officers enhanced theirreports, without the subjectofficers knowledge, attempting tohelp him explain his actions. Tocompound matters, this prisons

policy required that officers com-plete all reports before going home.Because this incident occurred atthe end of the shift, the officerswrote incomplete and inaccurate re-

ports in a rush to go home. Theconflicting reports provided the im-

petus for a substantial case investi-gation, which, in the end, exoner-ated the officers. Nevertheless, theintense inquiry significantly dis-rupted the officers professionaland personal lives.

Mark C. Ide


21/35

In another example, three offi-cers shot and killed a transient. Areview of the incident reports couldnot determine if the officers ac-

tions were justified because two ofthe officers reports contained nomore that 500 words, and one of-ficer described the shooting in just98 words. After a long and exhaus-tive grand jury investigation, thegrand jurors found insufficient evi-dence for indictments. Again, in-complete report writing caused un-necessary stress in the officerslives.

Many officers write such wordsor phrases in reports as lunged,menacing, or furtive move to thewaistband. Instead of using theword lunged, the officer shoulddescribe the actions of the offender.For example, the offender, holdinga 9-inch butcher knife in his out-stretched right hand, took threerapid steps toward me. Instead ofusing the word menacing, the of-ficer should write, for example, theoffender squinted her eyes,clenched her teeth, and made deep

growling sounds. When officersfear for their lives, or the lives ofothers, they should narrate whatspecific actions led them to thisstate of mind. In addition to adescription of the offenders ac-tions, a notation of the officersstate of mind provides a more com-plete picture as to why the officerresponded with a measure of force.Such phrases as furtive move tothe waist band or shiny metal ob-ject often lack credibility because

of their overuse and, often, misuse.A good report also addressesthe legal elements as well as spe-cific agency policies that authorize

the use of force. Including these is-sues in the report helps the review-ing official determine whether theuse of force was justified. Officers

must know when to use force, howmuch force to use, and, most impor-tant, how to accurately record theiractions in a report. Written reportsoften provide officers with the onlyopportunity to explain their actionsoutside the courtroom setting. Awell-written report can prevent anotherwise-long-and-stressful colorof law investigation.

simple as periodically remindingofficers at role call to be mindful ofcolor of law investigations.

CONCLUSIONEven police officers who con-scientiously perform their dutiesshould expect allegations of policemisconduct at some point in theircareers. However, officers can pre-vent most misconduct complaints ifthey conduct themselves in a pro-fessional manner and write detailed,accurate reports. A report not onlyrecords facts but also reflects thewriters integrity.

Police oversight and color of

law investigations constitute a partof todays policing environment.Understanding the purpose and themechanics of color of law investi-gations not only reassures police of-ficers but also ensures that the pub-lic receives professional policeservices.

Endnotes1 For a complete definition of color of law,

see, 18 U.S.C. 242.2 Alexis Agathocleous and Heather Ward,

Prosecuting Police Misconduct(NewYork:

Vera Institute of Justice, 1998), 1-2.3 Egon Dezihan, et al., Color of Law

Matters, (Washington, DC: U.S. Departmentof Justice, Federal Bureau of Investigation,unpublished).

4 Louis J. Freeh, Ensuring Public Safetyand National Security Under the Rule of Law Report to the American People on the Work ofthe FBI 1993 1998, (Washington, DC, 1999),2; Egon Dezihan, et al., Civil Rights Program,

National Academy Manual, (Quantico, VA:U.S. Department of Justice, Federal Bureau ofInvestigation) 2.

5 Supra note 2.6 18 U.S.C. 242.7 Ibid.8 Addressing Police Misconduct - Laws

Enforced by the United States Department ofJustice, Civil Rights Division, (Washington,DC), 3.

Empirical evidence suggeststhat a high number of color of law

investigations stem from pursuits.When pursuits terminate, police of-ficers sometimes vent their excessenergy on suspects. Devising tech-niques to dissipate excess energy inan appropriate manner often pre-vents the spontaneous use of exces-sive force. With one technique, partners agree to monitor eachothers behavior at the end of a pur-suit, to include restraint, if neces-sary. Police administrators can de-vise other simple, yet effective,

techniques to reduce the possibilityof officer misconduct and subse-quent color of law investigations.This could include something as

...incomplete report

writing causedunnecessary stressin the officers lives.



22/35

Technology Update

August 2000 / 21

Law Enforcement Online (LEO) Promotes Information Sharing

country or with numerous special interest groups.The LEO system allows users to pose questions,gather feedback, do research, and access profes-sional expertise.

Moreover, LEO Special Interest Groups(LEOSIGs) serve to connect users with commoninterests or goals. Over 50 LEOSIGs have siteson the LEO system, including the InternationalAssociation of Auto Theft Investigators, Criminal

Intelligence InformationSharing Group, NationalDrug Intelligence Center,

National Center for theAnalysis of Violent Crime,National Center forMissing and ExploitedChildren, FBI Bomb DataCenter, Asset ForfeitureProgram, National Infra-structure ProtectionCenter, and NationalCybercrime TrainingPartnership. Group mem-bers can interact online toshare information in their

respective areas. LEO alsocan connect its users to

relevant Internet sites and, therefore, can put themin touch with agencies, such as the InternationalAssociation of Chiefs of Police, Drug Enforce-ment Administration, International Associationof Undercover Officers, and others.

LEO access is free to qualified law enforce-ment, criminal justice, or public safety profes-sionals. To learn more about the LEO system,or to request an application, contact the LEOProgram Office at 202-324-8833, or via [email protected].

Every day across the country, law enforce-ment, criminal justice, and public safety profes-sionals are signing on to Law EnforcementOnline (LEO), a secure Intranet communicationsystem built and maintained by the FBI, to sharesensitive information. They rely on LEO as theirprimary tool to communicate or obtain missioncritical information, to provide or participate inonline educational programs, and to participatein professional specialinterest or topicallyfocused dialog.

Keys to LEOs rapidgrowth include its easyuse, free services, andaccess availability at anytime and any place. On adaily basis, the systems23,000 users take advan-tage of LEOs variousWeb sites and electroniclinks, as well as its e-mailand distance learningcapabilities, to stayabreast of relevant law

enforcement issues; toestablish or maintaincontact with peers, colleagues, or experts invarious fields; or to receive training on a widerange of topics.

Communication links to other agencies ororganizations is particularly valuable to LEOusers. In the market for new patrol vehicles orbody armor? Planning to integrate your agencysrecords system? Have an unsolved crime orunique modus operandi? Always wanted to learnmore about terrorism? The LEO system can putyou in touch with other professionals across the


23/35


wo Rochester, New York,police officers arrested twoyoung males allegedly for

Getting Along with

Citizen OversightBy PETER FINN

Tdealing drugs. One youths motherclaimed that the young men wereinnocently walking along the streetwhen the officers approached them.She further alleged that one officergrabbed her son and threw himthrough a store window. Some com-munity members became enraged atwhat they perceived as police bru-

tality. When the citys citizen re-view board heard the case, how-ever, it learned that the two maleshad drugs in their possession at thetime of the arrest. Also, the store

owner reported that the officers hadremained polite and professionalduring the encounter and that thewomans son had pushed the officerinto the store window. The reviewboard discovered the truth, exoner-ated the officers, and calmed thecommunity members.1

While this example illustrateshow citizen oversight helped defusea potentially volatile situation, therelationship between law enforce-

ment and citizen oversight often has proved strained, at best, or evenadversarial, in some cases. How-ever, the 1990s showed a consider-able increase in citizen oversight of

police in the United States. In lightof this expansion, police adminis-trators and citizen oversight members must consider how theycan work together with a minimumof conflict and a maximum ofcollaboration.2

OVERSIGHT MODELS

Communities rarely createidentical oversight systems. How-ever, most of these review pro-cesses fall into four main types.

1) Citizens investigate allega-tions of police misconduct andrecommend a finding to thehead of the agency.

DigitalVision


24/35

August 2000 / 23

2) Officers investigate allega-tions and develop findings.Then, citizens review andrecommend that the head of

the agency approve or rejectthe findings.

3) Complainants may appealfindings established by theagency to citizens who reviewthem and make recommenda-tions to the head of theagency.

4) An auditor investigates theprocess the agency uses toaccept and investigate com-plaints and reports to the

agency and the communitythe thoroughness and fairnessof the process.

While some oversight proce-dures represent pure samples ofthese models, many exist as hy-brids that merge features from twoor more different varieties of citi-zen review into their own uniquesystems. For example, the Minne-apolis, Minnesota, civilian policereview operates in two stages.First, paid, professional investiga-tors and an executive director ex-amine most citizen complaints todetermine whether there is prob-able cause to believe that policemisconduct occurred. Then, volun-teer board members conductclosed-door hearings to decidewhether they should support the al-legations in probable cause cases.However, in Orange County,Florida, nine volunteer citizen re-view board members hold hear-

ings, open to the public and themedia, on all cases involving thealleged use of excessive force andabuse of power after the sheriffsdepartment has investigated them.

A member of the department helpscoordinate the review boards ac-tivities. By comparison, 13 citizenadvisors, appointed by the city

council and neighborhood coali-tions in Portland, Oregon, hear ap-peals from citizens dissatisfied withpolice investigations of their com-plaints, review all closed cases in-volving allegations of the use of ex-cessive force, and conduct randomaudits of internal affairs investiga-tions. The city council also meets asan audit committee to hear appealsfrom citizens dissatisfied with thedepartments investigation of theircomplaints. A professional exam-iner coordinates the work of the citycouncil committee and the citizenadvisors and conducts many of theaudits. Although different instructure and content, these threeoversight systems all function insimilar ways by providing policyand training recommendations totheir respective law enforcementagencies.

POLICE CONCERNS

In many jurisdictions, law en-forcement agencies have fought theinitiation of citizen oversight. Aftercommunities have implementedsuch systems, agencies frequentlyhave found them troublesome. Ba-sically, most agencies have opposedcitizen oversight because they feelthat oversight procedures representoutside interference, oversight stafflack experience with and under-standing of police work, and over-sight processes are unfair.

Outside Interference

Most police administrators be-lieve that their agencies should havethe final say in matters of discipline,policies and procedures, and train-ing. Because police administratorsare in charge of their agencies,they are held accountable for theirofficers behavior. Accordingly,without final say over matters thatdirectly affect their officers, admin-istrators feel that this accountability

In manyjurisdictions,

law enforcementagencies have

fought theinitiation of

citizen oversight.

Mr. Finn is a senior research associate for a private firm inCambridge, Massachusetts, and serves as a special officer

with the Belmont, Massachusetts, Police Department.


25/35


becomes undermined. Therefore,most jurisdictions have used a vari-ety of approaches in addressingconcerns about outside involve-

ment in police affairs. In many com-munities, local governments haveestablished oversight bodies thatsolely advise; they can make onlynonbinding recommendations tolaw enforcement agencies. Also,some review bodies can appeal theagencys rejection of their recom-mendations to elected or appointedofficials who can require the depart-ment to act. However, becausethese officials have this authorityregardless of whether an oversightbody exists, the oversight procedureitself does not further diminish theauthority of agency administrators.

Even when citizen oversightsystems have some authority overthe police, they generally exercise itcautiously. For example, oversightbodies in St. Paul, Minnesota, andFlint, Michigan, have never usedtheir subpoena power to compel of-ficers to testify. Moreover, mostoversight staff members agree that

citizens should not have the powerto discipline officers. They realizethat giving citizens that authoritycould violate state laws, city char-ters, or collective bargaining agree-ments with police unions. Also,such authority would detract fromholding the agencys administratoraccountable for ensuring properstandards of professional conduct.

Lack of Understanding

Because they lack experience

as law enforcement officers, over-sight members may have difficultyfairly determining whether officershave engaged in misconduct.

Citizens generally are not familiarwith pertinent case law governingofficer behavior nor do they under-stand the nature of police discre-

tion, the methods employed to trainofficers, or the totality of the cir-cumstances of an incident that caninfluence officer behavior. Officersfrequently observe that state medi-cal boards, composed only of physi-cians, investigate doctors for malpractice, and only attorneysinvestigate lawyers for misconduct.Similarly, some police argue thatonly law enforcement officers havethe knowledge to investigate andjudge other sworn personnel.

However, many law enforce-ment administrators have workedwith citizen review members to ad-dress these concerns and find waysof improving their relationships.For example, some agencies trainoversight staff and volunteers. InRochester, New York, candidates

for the review board attend acondensed version of a police acad-emy run by the police department.The 48-hour course involves 3

hours per evening for 2 weeks and 2all-day Saturday sessions. Themembers use a shoot/dont shootsimulator, practice handcuffing,

and learn about department policiesand procedures, including the use-of-force continuum. Other over-sight systems require a departmentsupervisor to attend hearings or beon call to answer questions aboutdepartment policies and operations.Also, review systems that investi-gate citizen complaints often hireinvestigators with pertinent law en-forcement expertise. Finally, manyagencies have found that outsiderscan sometimes do a more objective job than insiders in assessing the performance of members of theirown profession. Juries illustrate afrequent use of representatives ofmany different professions and lifeexperiences to resolve allegationsof police misconduct, physician andattorney malpractice, and other pro-fession-specific cases in civil andcriminal trials.3

Unfair Process

While many law enforcementadministrators and officers feel thatthe oversight process is unfair be-cause outside reviewers are unfa-miliar with police work, they haveother objections to citizen over-sight. For example, unjust criticismand lengthy delays represent twoconcerns that many officers haveabout the oversight process.

Unjust Criticism

Many officers complain that

oversight staff members hold themaccountable for minor infractions,such as placing the wrong offensecode on a citation or failing to

...the oversightprocess can helpestablish and maintainan agencys reputation

for fairness andfirmness in addressing

allegations of police

misconduct.


26/35

record the end mileage on a vehicletransport. Also, some administra-tors feel that complainants take ad-vantage of the complaint process to

benefit a planned or ongoing civilsuit against an officer or the com-munity.

Through educating civilian re-view members about police workand informing officers of the ben-efits that review members can pro-vide, administrators can reducesome of these concerns. In one case,when a citizen, whose complaint areview board did not sustain, filed acivil suit, the city attorney had theoversight investigator testify. Thisinvestigators testimony helpedhave the suit dismissed.

Lengthy Delays

Delays harm the credibility ofthe oversight process and cause of-ficers considerable stress as theywait for their cases to be decided.4

To reduce these delays, agenciesfirst should avoid contributing tothem by establishing their own timelines for each stage of the review process. Next, agencies shouldwork with oversight bodies and lo-cal government officials to estab-lish deadlines. For example, inRochester, New York, the citycouncil requires oversight membersto review cases within 2 weeks afterthe police department has com-pleted its investigation. To speed upthe hearing process in Berkeley,California, the review board de-cided to allow the director to recom-mend that the board summarily dis-

miss cases without merit.POLICE STRATEGIES

Faced with concerns about theoversight process, law enforcement

administrators have discovered thatthey can take steps that may short-circuit future tension and lead to asuccessful relationship with over-sight members. First, administra-tors can initiate citizen oversightsystems. For example, the chief ofthe St. Paul, Minnesota, Police De-partment decided to implement anoversight system to gain citizens perspectives on the behavior ofthe departments officers. The

seven-member commission meetsmonthly to review cases investi-gated and decided by the depart-ment. The members, including two police officers, make their ownfindings and, in sustained cases,recommend discipline to the chiefwho makes the final decision.

In addition, when local officialsbegin talking about setting up a citi-zen oversight system, administra-tors can become involved in the planning process. This allows ad-ministrators to try to ensure that theoversight system has realistic and precisely specified objectives.Without well-defined objectives, an

oversight system can cause the in-volved parties to have different ex- pectations for how the processshould operate and what it shouldaccomplish. For example, specificobjectives could

reassure the public that theagency appropriately disci-plines officers who engagein misconduct;

provide the public with a

window on how the agencyinvestigates allegations ofofficer misconduct;

defuse hostility expressed byresidents or specific groupsof citizens;

reduce the number of policeshootings; and

establish mechanisms throughwhich citizens can makerecommendations for improv-ing police policies, procedures,

and training.Finally, law enforcement

administrators should demon-strate their willingness to work

August 2000 / 25

DigitalVision


27/35


cooperatively with oversight members. Police supervisors and over-sight staff should meet regularly todiscuss any specific misconcep-

tions or conflicts and to share infor-mation. For example, when theTucson, Arizona, citizen oversight board found some of the policedepartments statistics difficult tounderstand, the chief and the boards chair met with thedepartments statistical personnel,who then developed a clearer pre-sentation method.

POLICE BENEFITS

Despite serious reservationsabout citizen oversight, many lawenforcement administrators haveidentified several ways that suchsystems can benefit police agencies.These include bettering an agencysimage with the community, enhanc-ing an agencys ability to police it-self, and, most important, improv-ing an agencys policies andprocedures.

Police Image

The example at the beginningof this article illustrates how citizenoversight can improve a depart-ments relationship and image withthe community it serves. Particu-larly among skeptical citizens, theoversight process can help establishand maintain an agencys repu-tation for fairness and firmness inaddressing allegations of policemisconduct. Citizen oversight alsocan promote the goals of commu-nity policing by enhancing commu-

nication between police and citi-zens and obtaining the publicsviews about law enforcementactivities.

Internal Investigations

Oversight systems can improvethe quality of a departments inter-nal investigations of alleged officermisconduct.5 Some agencies reportthat officers perform more thoroughinvestigations of such cases be-cause they know that the oversightbodyand, through it, the generalpublicwill be examining how ac-curate and unbiased their reportsare.

While no empirical evidencemay show that oversight systems

deter police misconduct,6

citizen re-view may help in three ways to im-prove officer actions. First, by rec-ommending additional training forerrant officers, oversight bodies canencourage officers to learn how toavoid the behavior that led to citizencomplaints. Next, oversight sys-tems may discourage some officersfrom engaging in misconduct by re-ducing their chances for promotion.Finally, when law enforcementagencies adopt policy and proce-

dure changes recommended byoversight bodies, officers gain a better understanding of how theyshould perform their duties.

Policies and Procedures

Many law enforcement admin-istrators and oversight staff feel that providing suggestions for agencypolicy and procedure changes rep-resents the greatest benefit of over-sight systems. Policy recommenda-tions, including suggestions fortraining improvements, can influ-ence entire departments not just in-dividual officers behavior.

While some police administra-tors believe that outsiders do nothave the necessary understandingof police practices to make useful policy recommendations, others

disagree. For example, some man-agers feel that this lack of expertiseallows oversight members to askquestions that encourage officers toreevaluate long-standing practicesand approach situations from a dif-ferent perspective.

Citizen oversight bodies canprovide two general types of recom-mendations for changing police op-erations. First, they can recommendchanges in the way the departmentconducts its internal investigation

into alleged misconduct. For ex-ample, because of investigative in-consistencies in Portland, Oregon,the oversight committee recom-mended that the police depart-ments internal affairs unit handleall use-of-force complaints ratherthan sending them to the precinctsfor investigation. The departmentagreed.

More often, oversight bodiesoffer recommendations intendedto improve department policies

governing officer behavior. Forexample, in the wake of riots ina local park that drew over 30complaints from citizens alleging

...law enforcementadministrators havediscovered that theycan take steps thatmay short-circuitfuture tension....


28/35

August 2000 / 27

officer misconduct, the Berkeley,California, city council directedoversight members to prepare rec-ommendations about crowd control

at large demonstrati

FBI Law Enforcement Bulletin - Aug00leb

Documents

Transcript of FBI Law Enforcement Bulletin - Aug00leb