FBI Law Enforcement Bulletin - Feb00leb

8/9/2019 FBI Law Enforcement Bulletin - Feb00leb

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ISSN 0014-5688 USPS 383-310

Features

Departments

7 Focus on Training

Dispute Mediation

15 Crime DataDecrease in Serious Crime

HIV/AIDS in Law EnforcementBy John Cooley

Law Enforcement's Responseto Small Aircract AccidentsBy Matthew L. Lease

and Tod W. Burke

The Financial Crimes Task

Force of Western PennsylvaniaBy Kenneth W. Newman

and John A. Wisniewski

Electronic Surveillance:

A Matter of NecessityBy Thomas D. Colbridge

1

11

February 2000Volume 69Number 2

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 theDirector of the Office of

Management 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. OttManaging Editor

Kim Waggoner

Associate Editors

Glen Bartolomei

Cynthia L. Lewis

Bunny S. Morris

Art Director

Brian K. Parnell

Assistant Art Director

Denise B. Smith

Staff Assistant

Linda W. Szumilo

Internet Address

[email protected]

Cover photo

Don Ennis

Send article submissions toEditor, FBI Law Enforcement

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

VA 22135.

16 Police Practice

Police Eliminating Truancy

24 Bulletin AlertSteel Dart Cartridges

Law enforcement administrators mustprepare their agency to handle aircraftaccidents in their jurisdiction.

Law enforcement agencies can use whatif scenarios to deal with officers fears ofexposure to HIV/AIDS.

20Task forces remain an effective wayto combat multijurisdictional crime.

25It is essential that investigatorsdemonstrate the necessity for electronicsurveillance in order for a courtto authorize its use.


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February 2000 / 1

ince its initial identificationnearly two decades ago,HIV/AIDS1 has impacted

confidentiality of test results; andissuing personal protection equip-ment and training personnel in itsuse. Thus, education, awareness,and compliance with establishedlaws, regulations, policies, and pro-cedures have constituted importantfirst steps for the law enforcementcommunity.

Yet, as HIV/AIDS issues ap-proach a third decade, law enforce-

ment managers and subject-matterexperts face new questions andconcerns centering on the fear factorassociated with the disease. Manyindividuals still react with fear when

they hear the words, Im HIVpositive or I have AIDS. Evenindividuals schooled in how diffi-cult it is to contract the disease feelat least a momentary uncertaintywhen hearing those words. Al-though private citizens remain freeto choose how they will react tosuch admissions, an officers re-sponse or, in some cases, refusal torespond can create significant li-

ability issues for law enforcement.For example, some officers may feela strong personal and moral ob-ligation to violate basic laws and policies, supposedly to protect

Smillions of families, creating un- precedented challenges to mu-nicipal, state, and federal agenciescharged with maintaining publicsafety and health. Law enforce-ments response to these issueshas focused primarily on pro-viding awareness training on the

epidemiology of the disease; imple-menting Occupational Safety andHealth Administration (OSHA)mandates regulating exposure protocols; testing and ensuring

Mark C. Ide

HIV/AIDS in Law Enforcement

What-If ScenariosBy JOHN COOLEY


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2 / FBI Law Enforcement Bulletin

themselves and their partners fromthis potentially deadly virus. At thevery least, this scenario can lead tolegitimate personnel complaints;worse, it may provide substantialgrounds for litigation and erosion ofpublic trust.

To combat these fears, in 1985,the city council in Los Angeles,California, enacted an AIDS anti-discrimination law and, in the fol-lowing years, created several AIDS

workplace policies. In 1990, the citycouncil mandated that every city de-partment have an AIDS coordinatorwho would report to the citysAIDS coordinator. This action en-abled the Los Angeles Police De-partment to provide its employeesand their families with a variety ofinformation and services aboutHIV/AIDS issues, allowing the department to respond to individualand organizational needs. The po-lice departments AIDS coordinator publishes updated informationabout HIV/AIDS issues germane tothe workplace, works with depart-ment and city entities responsible

for providing medical and psycho-logical services, monitors compli-ance with OSHA regulations andthe citys bloodborne pathogen pro-tocol, and oversees all departmenttraining on HIV/AIDS issues.

However, other areas haveevolved over the last two decadesthat surpass the original issues ofconcern. These include confi-dentiality concerns, legal issues, employee assistance considerations,

and preventive measures.

CONFIDENTIALITYCONCERNS

Confidentiality concerns perme-ate every aspect of HIV/AIDS is-sues. For example, who can tellwhat to whom? What informationcan officers include in reports? Ifofficers disclose their HIV statusto a partner, can the partner tellothers? What can crime victims betold and by whom? The list can goon and on. The main confidentialityconcerns involve including HIVinformation in police reports andhaving officers disclose their HIV

status to their co-workers andsupervisors.

Crime and Arrest Reports

Some officers believe they needto include HIV-status informationabout victims, witnesses, andarrestees when it is neither an ele-ment of the crime nor relevant to theinvestigation. When questionedabout this, officers respond that theywant others who come in contactwith these individuals to know sothey can protect themselves. Train-ing focusing on bloodborne patho-gens and the universal precautions

(i.e., treating all blood, from all indi-viduals, at all times, as potentiallytoxic) that everyone should practicewhenever a potential for exposureexists has not proven sufficient toalter the officers beliefs that theyhave an obligation to go beyondstated policy to protect themselvesand others. However, including anoffenders HIV status in a reportmay violate basic medical informa-tion confidentiality laws, as well asspecific laws pertaining to HIV,

which may vary from community tocommunity.

To address this, departmentsshould train their officers in and pro-vide a comprehensive resource guidefor report writing. Further, field supervisors and detectives who ap-prove arrest reports should have theauthority to correct reports beforeduplication and distribution and,thereby, act as the first line of pro-tection against any of these potentialconfidentiality violations.

Officer Disclosure

Some field enforcement offi-cers, especially those working

Sergeant Cooley leads the Employee Assistance Unit and serves asthe AIDS coordinator of the Los Angeles, California, Police Department.

Confidentialityconcerns

permeate everyaspect of

HIV/AIDS issues.


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February 2000 / 3

patrol, believe that any officers whoknow they are HIV-positive have amoral obligation to inform their

partners and peers. Their rationaleis that in a life-threatening situation,they may not stop to put on glovesbefore rendering aid to a fellow of-ficer. They believe that they shouldnot have to view their colleaguesblood as a potentially toxic agentpartners take care of each other. Notonly does the desire to reveal suchinformation conflict with medicalconfidentiality laws, but universal precautions should eliminate theneed for disclosure in many cases,

as well.Officers also should remember

that choosing to reveal their HIVstatus is a painfully difficult deci-sion for anyone, including law en-forcement personnel. For example,if officers disclose their HIV statusto co-workers, they risk being ostra-cized and becoming victims of dis-crimination, which could jeopardizetheir safety in the field. However,their co-workers may believe thattheir own safety is jeopardized if

affected officers do not disclosetheir HIV status. Therefore, disclo-sure stands as a moral dilemma, nota legal one.

LEGAL ISSUES

Prisoner Handling

Sometimes, officers who learnof arrestees HIV status (throughself-disclosure or other means) iso-late these individuals in holding

tanks, interrogation rooms, or cellssolely on their medical status. Someofficers may place a sign on the indi-vidual or detention room that identi-fies the arrestee as HIV-positive.

Another form of isolation occurswhen officers place face masks onarrestees, even though these indi-

viduals have exhibited no behavior(e.g., biting or spitting) that meritssuch action. Officers should remem-ber that detention, booking, and pro-cessing policies dictate how theymust handle arrestees. These poli-cies never mention placing signs onarrestees for any reason; HIV is noexception.

In reality, officers only need toisolate arrestees in very limited cir-cumstanceswhen a bleeding sus-pect may come in contact with oth-

ers. In such cases, if officers do notknow the HIV status of bleedingsuspects, they should isolate theseindividuals temporarily.

ADA Accommodation

Because medical research con-tinues to find new medicines that

allow people with HIV/AIDS tostay healthier longer, employeesmay become more likely to seekaccommodation for these healthisssues within the context of theAmericans with Disabilities Act(ADA).3 For example, employeeswith HIV/AIDS frequently requestto work a specific shift becausetheir prescribed medication disablesthem during certain hours of theday. In many cases, this constitutesa reasonable accommodation pro-

vided that the availability for shiftwork is not an essential function ofthe job.4 However, the agency wouldnot have a duty to reasonably ac-commodate an employee when thedisability poses a direct threat to lifeor safety.

Whether the request for accom-modation comes from sworn or ci-vilian personnel, supervisors oftenquestion the reason for such an ad-justment, jeopardizing the employ-ees medical confidentiality. How-ever, only the agencys medicaldirector and the employees physi-cian should discuss this information.Supervisors must understand theirroles in medical and ADA issues,realizing that medical confidential-ity can prohibit them from knowingall of the details.

EMPLOYEE ASSISTANCECONSIDERATIONS

Exposure to a bloodborne

pathogen may precipitate a severepsychological reaction for officersand their family members, whoseoverall fear for their loved onessafety becomes exacerbated by the

...officers onlyneed to isolatearrestees invery limited

circumstances....

Moreover, the issues of officersafety and a partners or co-workers right to know bring thepotential conflict between legal ob-ligations and moral responsibilitiesto the forefront. HIV is a blood-borne pathogen; therefore, univer-

sal precautions can protect officersfrom exposure. Usually, only jailersneed to know about an arresteesHIV status so they can provide theappropriate medical protocol.2


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possibility that their loved onescould contract a contagious, deadlydisease. Partners of officers who

may have been exposed also mayfeel vulnerable, believing that the of-ficers represent a potential threat totheir own safety. Moreover, fellowofficers and other co-workers mayattend all of the required training onbloodborne pathogens but still havedifficulty accepting colleagues whohave disclosed their disease. There-fore, the agency must offer psycho-social services to anyone impactedby such situations. Assuring officersand family members that their fears

are normal and providing a support-ive environment in which they canwork to lessen the impact of suchfears prove more productive than al-lowing fear to run rampant through-out the family or the organization.

PREVENTIVE MEASURES

Any agency that has not devel-oped and implemented strategiesand policies to address these

concerns could become extremelyvulnerable, both from the standpointof civil liability, as well as that of

effective personnel management.Managers have to lead the way inadhering to and enforcing depart-mental policies. The absence ofsuch leadership can produce a lackof confidence among agency em-ployees, particularly when dealingwith such an emotionally volatileissue.

Just as training academies usesituation simulations or role-playscenarios to teach tactical maneu-vers, interviewing skills, and other

law enforcement techniques, ad-ministrators can use the same ap-proach to address HIV/AIDS con-cerns. Managers and subject-matterexperts should meet and discusswhat-if scenarios, suggestingresolutions that comply with currentlaws, protocols, and policies. Thesemeetings also provide agencies withexcellent opportunities to reviewtheir basic medical contingency

plans to assess their efficacy for thefuture and ensure that adequatemedical and psychological support

is available for their personnel andtheir families.

What-If Scenarios

1) Cooperating arresteesdisclose their HIV-positive statusat the scene of the arrest andofficers put on gloves, face masks,and goggles, when no bodily fluidsare present that can transmit thevirus.

Officers who overreact demon-strate their lack of knowledge

about HIV and universalprecautions. If their actions areknowledgeable and intentional,then they are likely discrimina-tory and could make officersand the agency liable. Further,administrators could considerthese types of situations causefor disciplinary action.5

2) Members of a work grouptell their co-workers that they areHIV-positive. Can the co-workersrefuse to work with the infectedindividuals? Can they requestreassignment? Can the infectedindividuals be reassigned?

Employees can tell their co-workers anything, includingtheir HIV status. Co-workerscannot refuse to work withothers because of their HIVstatus any more than they canrefuse to work with individualsbecause of their national origin,age, race, color, sex, or reli-

gion.6

Agencies have policieson how and when they transferpersonnel from one location toanother or from one shift toanother. Agencies should not

Americans with Disabilities Act Information Line800-514-0301

Equal Employment Opportunity Commission800-669-4000

American Bar AssociationAIDS Coordination Project202-662-1025

American Red CrossAIDS Education for Emergency Workers Project916-368-3137

Law Enforcement HIV/AIDS Resources


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February 2000 / 5

make exceptions to theirstandard operating proceduresto accommodate an employeewho refuses to work with anindividual with HIV. A refusalto work is just that, andadministrators should handle itaccordingly. Finally, supervi-sors cannot reassign, isolate, orchange the working conditions

of an individual with HIV.7

3) An officer becomes ex-posed to a bloodborne pathogenand, according to protocol, istested for HIV. The officersspouse calls, demanding to knowthe test results. Can the departmentrelease the results? What if adomestic partner makes therequest?

Test results remain confiden-tial.8 An employer cannot share

this information. Althoughlaws vary from state to state,typically no laws require thattested individuals inform theirsexual partners of the results.

However, agencies should notignore the spouses and domes-tic partners of affected offic-ers. They should refer suchindividuals to the appropriatehealth agency to receiveprofessional counseling andevaluation.

4) Infected officers tell theirimmediate supervisors that theywant to disclose this information tothe entire agency. Should supervi-sors encourage them to do so? Cansupervisors discourage thembecause of problems that mayoccur?

Self-disclosure is a personaldecision. When an employeeinforms a supervisor before-hand, the agency has theopportunity to prepare forpotential problems. Encourag-

ing or discouraging disclosurerepresents a personal decisioninfluenced by a variety offactors that will change fromagency to agency. However,

ordering someone to discloseor keep silent about their HIVstatus is a poor managementdecision.

5) Officers know that certainstreet criminals are HIV-positive,and practicing selective enforce-ment, they arrest these individualsto protect society.

Selective enforcement becauseof someones known or per-ceived HIV status is discrimi-natory. Health officials, notpolice officers, deal withcommunity health problems,including individuals whohave potentially infectiousor contagious diseases.

6) First responders refuse toprovide lifesaving first aid basedon their opinion that the victimbelongs to a high-risk group. What

if they do not have protectivedevices readily available?

In California, police officersare considered first responders

he Americans with Disabilities Act (ADA)of 1990 provides federal protection against

Americans with Disabilities Act

T

Individuals who are in a relationship with adisabled individual also are protected under

the ADA. Discrimination against persons withcontagious diseases or their partners or relativesbased on unsubstantiated perceptions of thethreat of infection violates the ADA. The ADAchallenges employers to establish workplacepolicies that encompass the new definition ofdisability, which includes not only HIV/AIDS, but other catastrophic illnesses, suchas cancer and heart disease, that affect thework environment.

discrimination for individuals with disabilitiesand extends this protection to the workplace,public accommodations, transportation, stateand local government services, and telecommu-nications. Strengthening and reaffirming theearlier principles of the Federal RehabilitationAct of 1973, the ADA provides uniform,forceful, and enforceable federal protectionsto individuals with disabilities, includingpersons with AIDS and HIV infection.


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and, by legislative opinion, areexpected to provide lifesavingfirst aid.9 OSHA requires thatall police vehicles carry

personal protective equipment.Gloves and masks provide abarrier, but if they are notavailable, then officers shouldseek some other sort of protec-tive aid, such as improvisingwith existing materials athand.10

CONCLUSION

The potential for exposure toHIV/AIDS in police work remainsminimal. If officers follow universalprecautions, the risk decreases fur-ther. However, fear still constitutesan important factor to address be-cause it can permeate an organiza-tion, from a variety of sources, withlightning speed.

Managers can curtail this fearby responding directly, quickly, andconsistently to issues raised by of-ficers emotions, moral beliefs, andinterpretations of their level ofsafety. This action provides clear

leadership and dispels much of theconfusion and speculation that mayarise. Additionally, anticipatingproblems and developing appropri-ate contingency plans spare admin-istrators from having to say that theynever thought a particular situationwould happen. What-if discussionscan help managers assess theiragencies preparedness for re-sponding effectively to the nextgeneration of AIDS-related prob-lems. In short, common sense,

knowledge, and adherence to estab-lished procedures and policies in-crease the potential for officers to

have safe, healthy lives and produc-tive careers while facing HIV/AIDS.

Endnotes1 HIV (human immunodeficiency virus)

causes AIDS (acquired immunodeficiencysyndrome). Individuals can test positive for HIV

before showing any symptoms of AIDS.2 Laws permitting the disclosure of an

individuals medical records, including HIV testresults, are not exceptions to confidentiality laws,

but rather extensions of the umbrella under whichcertain individuals in specific circumstances areallowed or required to receive information or passit on to another.

3 42 U.S.C. 12101.4 The duty to reasonably accommodate a

qualifying disability includes modifying some

aspects of the job but not the essential functions ofthe job.

5 In a 1994 landmark case, a federal courtruled under the ADA that the Philadelphia FireDepartment had wronged a suspected HIV-infected client when its personnel refused to placehim on a stretcher after he had collapsed fromchest pains. The court ordered the department todevelop and advertise a written policy to prohibitdiscrimination against individuals with HIV/AIDS and discipline any employee who failed tofollow the policy. SeeDoe v. Borough of

Barrington, 729 F.Supp. 376 (E.D. Pa. 1994).6 Supra note 3.7 Supra note 3.8 Confidentiality laws may address HIV/AIDS

specifically, or they may relate more generally tomedical records or an individuals right to

privacy.9 An agencys mission statement or other

written policy also may outline the circumstances,conditions, and responsibilities under which firstresponders must perform their duties.

10 Rather than stating that a worker has a dutyto provide services, the law may encourage the

provision of care by limiting the liability ofresponders, including police and emergencymedical personnel, in the event that somethinggoes wrong, barring negligence (e.g., GoodSamaritan Laws).


Wanted:Photographs

heBulletin staff isalways on the lookoutT

for dynamic, law enforce-ment-related photos for

possible publication sin themagazine. We are interestedin photos that visually depictthe many aspects of the lawenforcement profession andillustrate the various taskslaw enforcement personnelperform.

We can use either black-and-white glossy or colorprints or slides, although weprefer prints (5x7 or 8x10).Appropriate credit will be

given to contributing photog-raphers when their workappears in the magazine. Wesuggest that you send dupli-cate, not original, prints aswe do not accept responsibili-ty for prints that may bedamaged or lost. Send yourphotographs to:

Brian Parnell, ArtDirector,FBI LawEnforcement Bulletin,

FBI Academy, MadisonBuilding, Room 209,Quantico, VA 22135.


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February 2000 / 7

patrol officer responds to a disturbance callat a local bar where two patrons are fighting

Why Mediate?

The concept of patrol officers receiving media-tion skills training or undergoing mediator certifica-tion training is so new, few empirical studies exist toshow its benefits. Some evidence, however, indicatesthat by using mediation, the police can drasticallyreduce repeat calls for service. For example, the Hills-boro, Oregon, Police Department has documented acorrelation between mediation and a reduction ofrepeat calls. This finding suggests that mediationrepresents a substantive, not superficial, treatment ofinterpersonal disputes, and as such, it can decreaserepeat calls for service. The Pittsburgh, Pennsylvania,Police Department has found that training police

officers in mediation has proven so helpful that thedepartment has enacted an official policy mandatingmediation use for many interpersonal disputes.

Though preferable, officers do not necessarilyneed to become certified mediators. Mediation trainingcan improve officers interpersonal skills and show

Training Patrol Officersto Mediate DisputesBy Christopher Cooper, J.D., Ph.D.

Aover a video game. The officer separates the partiesand, after a brief discussion, convinces one of them toleave. The officer goes back on patrol, only to bedispatched to the same location an hour later. Thistime, the officer arrests one of the men for assault.

How might this scenario have ended differently?Could the officer have peacefully resolved the disputewithout having to return to the scene later or arrestingone of the parties? The answers to these questions liein the concept of mediation.

Whether they realize it or not, many officersalready employ some form of mediation. However,

formal mediation represents a step-by-step conflictresolution strategy in which the parties fashion theirown agreement. The method enjoys popular use as analternative to litigation (e.g., as a way to divide assetspursuant to a divorce), and if given a chance, media-tion can become just as popular in policing.

Focus on TrainingMark C. Ide


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them how their attitudes and behavior influence theactions of others. As a result, they can better handledisputes and prevent incidents from escalating. In

doing so, they avoid injury to themselves and otherswhile increasing citizen satisfaction with the policeresponse. Understandably, satisfied citizens remainless likely to file complaints against the department.

Perhaps mediation achieves its best results inbolstering existing community policing philosophy,programs, and missions. For example, communitypolicing champions citizen empowerment. When patrolofficers make mediation available to citizens, theyempower them to handle many of their own disputes.In addition, officers who offer mediation services showappropriate deference to the responsibility and freedomthat most citizens expect to exercise in their lives.

Moreover, when officers become third-party intermedi-aries, they appear less as outsiders and more as a partof the communities they serve.Thus, agencies should viewmediation as a requisite compo-nent of community policinginitiatives because both seek tofoster positive police-communityrelations, empower and showdeference to citizens, and reduceconfrontations between policeofficers and citizens.

When to MediateAlthough mediation lends

itself to disputes, the skills officersemployfor example, listening,becoming cognizant of bodylanguage, and analyzing verbal cuesallow officersto have professional and positive interaction in avariety of incidents. Still, mediation by patrol officersworks best for conflicts that are episodic in nature.Disagreements of this type often do not involve ahistory or ongoing relationship between the parties,who probably will never see each other again. As aresult, these incidents prove easier to resolve. Ex-amples include a quarrel between picnickers over whohas the right to a particular grassy area in a publicpark when neither holds a permit, a fight for a parkingspace, and an argument over the use of a pool table.

At the same time, some disputes remain off-limitsto police mediation. Officers should refer to a localmediation center any conflict with a high degree of

seriousness, a likelihood of significant financial costor loss, or likely significant legal (civil law) ramifica-tions. An argument over a 70-year-old family heir-loom, for instance, concerns a valuable piece ofproperty. Moreover, what appears to be the issue onthe surface (the manifest dispute) may cloud thereal issue (the underlying, or latent, dispute). Thefight over a relatives possession may really involve adebate over whom mom liked best. In these cases,officers should control the scene by addressing themanifest dispute, while leaving the latent dispute toother mediation professionals.

How to MediateMediation need not take place in an office. It can

occur on a basketball court or in a parking lot. It canbe done standing or sitting. Thephysical venue of the mediationgenerally does not present an issueas long as the mediator paysattention to the steps for conduct-ing the process. Moreover, media-tion that occurs in a location otherthan an office does not make theprocess informal; rather, whetherthe mediator adheres fully or

partially to the steps of the media-tion process does. Generally, themediation process includes layingdown the ground rules; allowingthe parties to tell their side of the

story; recapping the central issues; brainstormingpossible solutions; and reaching an agreement. The keyto successful mediation, whether formal or informal,lies in allowing the participants to fashion their ownagreement.

Whether officers employ formal or informalmediation, or some other conflict resolutionmethodology, they should document it on their assign-ment sheets (e.g., run sheets). In addition, officers whorefer parties to a mediation center should provide themwith referral cards that give the centers location anddescribe the services provided. A copy of the card

The key to successfulmediation...lies in

allowing theparticipants tofashion their

own agreement.


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February 2000 / 9

should go to a police department employee, whoshould follow up on all referrals.

How to Make Mediation a Reality

In order for mediation to make a positive differ-ence in a police agency, the chief must issue an officialproclamation mandating that patrol officers usemediation on scenes that warrant the methodology.General orders or police policy handbooks shouldoutline when and how officers should employ media-tion. Additional support for mediation should come in

the form of rewards. Police departments routinelyreward patrol officers for heroism, for example, whenan officer captures a bank robber. Likewise, officers

who use mediation to defuse and calm situationsshould receive commendations.As important, department supervisors and policies

must allow patrol officers to spend additional time onscenes where they use mediation. Many times, media-tion processes take more time than traditional re-sponses but not always. In fact, many mediations canoccur in a short period of time (i.e., within 10 to 15

M. Bard, The Function of the Police in Crisis Intervention and Conflict Management(Washing-ton, DC: U.S. Department of Justice, 1975).

M. Bard,Family Crisis Intervention: From Concept to Implementation (Washington, DC: U.S.Department of Justice, 1973).

M. Bard, Training Police As Specialists in Family Crisis Intervention (Washington, DC: U.S.Department of Justice, 1970).

C. Cooper,Mediation & Arbitration by Patrol Police Officers (Lanham, MD: University Press ofAmerica, Inc., 1999).

H. Goldstein,Problem-Oriented Policing(New York: McGraw-Hill, 1990).

R. Louie, Crisis Intervention: A Police Model for Dispute Settlement,Journal of CaliforniaEnforcement15, no. 2 (spring 1981): 70-77.

D.G. Pruit and J.Z. Rubin, Social Conflict: Escalation, Stalemate, and Settlement(New York:Random House, 1986).

K. Slaikeu, When Push Comes to Shove: A Practical Guide to Mediating Disputes (San Fran-cisco: Jossey-Bass, 1996).

M. Volpe and T. Christian, Mediation: New Addition to Cops Toolbox,Law EnforcementNews, June 15, 1989, 8, 13.

M. Volpe, The Police Role, inMediation and Criminal Justice: Victims, Offenders, andCommunity, ed. M. Wright and B. Galaway (Newbury Park, CA: SAGE, 1989), 229-238.

P. Williams, Police and Mediation: Win-Win Partnership, Oregon Chiefs of Police Magazine,November 1997, 24-26.

For Further Reading


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A former police officer for the Metropolitan Police Depart-

ment in Washington, DC, Dr. Cooper currently serves as

an assistant professor of sociology and patrol policemediation trainer at St. Xavier University in Chicago, Illinois.

minutes). Nevertheless, mediation can extend out-of-service time because the process represents a moresubstantive handling of incidents. In the long run,mediation can save officers time, especially if itreduces repeat calls for service.

How to Prepare Officers to Mediate

Mediation requires two elementsprofessionalapplication and scientific, or systematic, application.On one level, professional application means that theofficer possesses the requisite education and training toemploy such methods as mediation. On another level,it signifies polite, lawful, and objective delivery of themediation process. Systematic application emphasizesthe step-by-step process by which the officer demon-strates analytical ability and learned skills.

Because conceptualization, comprehension, andemployment of mediation require that patrol officershave a strong academic base, police agencies wouldbenefit if they underwent a transformation toprofessionalization prior to providing their officerswith mediation training. However, because the

professionalization of many police agencies typicallyoccurs piecemeal, incorporation of mediation canhappen the same way. Regardless of their level ofeducation, with the right amount of attention andtraining, officers can learn to employ mediation at

the minimum competency level. Dispute resolutionorganizations can provide police departments withqualified trainers to teach officers mediation skills orto certify officers as mediators.

Conclusion

Every time they answer a call for service, patrolofficers use interpersonal skills. Some incidents,however, require more time and skill than officershave. Training officers to mediate disputes takes timeand a commitment to trying unconventional policingpractices. But when departments use mediation toresolve conflicts in their communities, they empowerresidents to take responsibility for their actions and toresolve their own problems, not just in arguments withtheir neighbors but in other areas of their lives, as well.Thus, when officers take the time to mediate disputes,they help citizens exercise their constitutional rightswhile freeing themselves to solve other problemsinstead of answering repeat calls for service. In theend, a little extra attention goes a long way.

Explain mediation concept to participants

Introduce parties who do not know one another

Deliver ground rules (e.g., one person speaksat a time; no profanity allowed)

Advise of confidentiality (discussion remainsconfidential; officer may file confidential policereport)

Explain nature of agreement (parties remainbound; legal action may follow breach)

Discuss alternatives (e.g., arbitration)

Allow parties to convey their version of theincident

Mediation Basics

Give parties chance to rebut

Ask questions, clarify issues by restating,

seek agreement on issues

Parties brainstorm possible solutions;officer encourages, makes suggestions

Officer clarifies agreement, seeks verifica-tion from parties, may put in writing

Source: Christopher Cooper, J.D., Ph.D.,

Mediation & Arbitration by Patrol Police Officers(Lanham, MD: University Press of America, Inc.,

1999).


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February 2000 / 11

eadlines such as FourFound in Plane Wreckagein Arkansas1 and Small

the United States, resulting in 641fatalities.4 Based on an analysis ofthese 1998 reports, one aircraft ac-cident happened every 4 hours andone aircraft fatality occurred every13.6 hours.5

Much of the publics attention isdevoted to such major aircraft acci-dents as Valujets Flight 592, whichcrashed into the Florida Evergladeson May 11, 1996, killing 110 pas-sengers and crew. Two months after

that crash, the country faced an-other catastropheTWA Flight800, where 212 passengers and17 crew members died. Fortunately,mass commercial aircraft disastersremain rare, due possibly in partto safety recommendations imposedby the NTSB and the Federal Avia-tion Administration (FAA) and tothe experience and training of com-mercial aircraft pilots and mainte-nance staff, as well. Commuter

Law Enforcements Response

to Small Aircraft AccidentsBy MATTHEW L. LEASE and TOD W. BURKE, Ph.D.

HPlane Crashes in New Mexico2 of-ten appear in newspapers nation-wide and represent just a few of thethousands of small aircraft acci-dents that face law enforcementtoday.3 In 1998, the National Trans-portation Safety Board (NTSB) re-ceived 2,120 reports of commuterand private aircraft accidents within


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airlinesthose whose aircraftshave 30 or fewer passenger seatshistorically have higher accidentrates than commercial airlines.6 Be-

cause of this, law enforcementagencies more frequently respondto regional, commuter, or privateaircraft accidents. Due to the rapidgrowth of air travel, law enforce-ment administrators should analyzelocal and national trends of aircraftaccidents, establish response pro-cedures, and develop training ini-tiatives for their departments. Theseactions will enable law enforce-ment personnel to investigate air-craft accidents more efficiently andprofessionally.

TRENDS

Law enforcement agenciesshould remain aware of national air-craft accident trends because localtrends often mimic them. By under-standing aircraft accident trends, police departments can betterdetermine response and training

needs. Police administrators can fo-cus on two distinct categories ofdataregional and seasonal.

RegionalThe NTSB compiles statistics

on airplane crashes in each ofAmericas 50 states and divides thecountry into five regionsnorth-eastern, southeastern, midwestern,southwestern, and western. Thewestern region accounted for asignificant proportion of aircraft ac-cidents, with Alaska and Californiamaking up 53 percent of aircraft ac-cidents in this region in 1998. Alsoin that year, Texas accounted for 53 percent in the southwest region,Michigan lead the midwest regionwith 14 percent of total accidents,Florida lead the southeast regionwith 35 percent of the total acci-dents, and New York had 23 percentof the total accidents in the north-eastern region. Experts attributevarious reasons to each of thesehigh rates, such as hazardous

weather conditions, lack of road-ways for emergency landings, in-creased air traffic, and the numberof airports in a particular region.

Seasonal

Police departments also shouldfocus on seasonal trends to preparefor such contingencies as weatherand amount of daylight, which mayimpair a response to a small aircraftaccident. For example, two men diedin a small aircraft accident causedby a severe cold weather storm inSan Benito County, California. TheCalifornia Highway Patrol couldnot reach the crash site for a weekdue to high winds and icy weatherconditions.7

The high accident rates ofspring and summer seasons,March 20 through September 22,may reflect the increased air travelduring this period. In 1998, 29.2 percent of aircraft accidents oc-curred in the spring of the year, 34.1percent in the summer, 20.5 percentin the fall, and 16.2 during the win-ter season.8

RESPONSE

A small aircraft accident canproduce a large number of victimsand a variety of problems. There-fore, police administrators shouldintegrate response procedures intotheir departments crash manage-ment programs that provide aidto victims, protect the crash site,and afford mental health ser-vices for people involved. Smalllaw enforcement departments, that

lack the resources may formmultiagency agreements withneighboring departments to facili-tate an emergency response to asmall aircraft accident. By forming

Dr. Burke, a former police officer,is an associate professor with thedepartment of criminal justice atRadford University, in Radford,Virginia.

Mr. Lease served as a militarypolice officer and is currently astudent-researcher at RadfordUniversity in Radford, Virginia.


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February 2000 / 13

mutual-aid agreements, depart-ments can share the cost of trainingand equipment and also establish

strong relationships that may im-prove other police operations.9

The Crash Site

Law enforcement should treatan aircraft crash site similar to acrime scene in order to protect theintegrity of the area for NTSB acci-dent investigators. After the searchfor possible victims, officers shouldcordon off the area by at least 50 to65 feet from any aircraft debris andensure that unauthorized or unnec-

essary personnel do not enter thesite. In order to prevent destructionof possible evidence, law enforce-ment officers should not move ortamper with the aircraft debris . Fur-ther, the department should desig-nate an officer or representative as aliaison or public affairs officer.This individual should have accessto information that the press or public may inquire about and, ifneeded, should establish a com-mand post to disseminate informa-

tion to other officers, members ofthe press, and families of the vic-tims. Finally, administrators shouldremember that although small air-craft accidents typically do not re-quire a sustained police presence,they should plan for officers to re-main on the scene for a period of 24to 72 hours, or enough time forNTSB investigators to conduct aninitial investigation and remove theaircraft.

The VictimsRendering medical assistance

should remain the primary duty ofany officer responding to an aircraft

accident. Of the 378 aircraft acci-dents that occurred in the UnitedStates in 1998, 169 involved mul-tiple fatalities.10 The number of vic-tims usually outnumbers available

police and rescue personnel.11 Be-cause aircraft accident victims oftensustain critical injuries, such as leg,upper torso, and head trauma,12 of-ficers should receive training onhow to stabilize life-threatening injuries and prioritize medical treat-ment based on urgency. First re-sponders should conduct a thoroughsearch for other victims in thearea.

The Families and Officers

The NTSB coordinates servicesto victims families, particularlyregarding the initial notification ofthe accident, as well as other

services, such as the recovery andidentification of victims, disposi-tion of unidentifiable remains, andreturn of personal belongings.13 Po-lice department chaplains can pro-

vide death notification, comfortfamilies, and counsel officers.14 De- partments with limited resourcesalso can request assistance from theAmerican Red Cross, which pro-vides care for accident victims andfamilies during times of crisis.Agency representatives should con-duct critical incident stressdebriefings immediately followingan aircraft accident and coordinatewith community health service pro-viders to offer mental health coun-

seling for families suffering fromdepression and emotional trauma.These debriefings provide an atmo-sphere for open communication and

Summary of Recommendations

Identify Local Aircraft Accident Trends

Examine NTSB and department aircraft accident reports Focus on where, when, and how accidents occur

Establish Response Procedures/Contingency Plans

Form multiagency agreements

Prepare for a sustainment period at the crash site

Incorporate aircraft accident response into a crashmanagement program

Conduct Training

Train officers to prioritize/stabilize life threatening injuries

Understand that realistic training can reduce criticalincidence stress

Invite media to cover training to create public awareness


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ensure that officers do not developlong-term problems that may leadto posttraumatic stress disorder.

Conducting realistic training in re-sponse to small aircraft accidentscan reduce psychological andemotional trauma on respondingofficers.

TRAINING

Training on the basics of re-sponding to an aircraft accident,searching the crash site, and provid-ing preincident stress educationshould start at the police academywith a 1- or 2-hour block of instruc-

tion and continue after an officerjoins a department. Seasonal train-ing remains important to take ad-vantage of different weather condi-tions that may hinder a response toan aircraft accident.

Agencies can use various train-ing methods to prepare for an air-craft accident. For example, once amonth, the Fort Campbell, Ken-tucky military police respond to asimulated in-flight emergency at the

bases airport. When a dispatcherrelays the call over the radio for anin-flight emergency, two patrol units

and a supervisor go to the aircraftslocation. A third unit obtains an air-craft accident kit from police head-quarters, before responding to thecrash site. Police administratorsseeking to develop aircraft accidenttraining should contact airport rep-resentatives in their jurisdictionsfor assistance.

Additionally, departmentsshould consider inviting the mediaand the public to participate in air-craft accident training. For example,

when New York City police, firedepartment, and emergency medical personnel conduct their annualsimulated aircraft disaster at JFKAirport, the media provide cover-age of the training, and members ofthe public, such as the Boy Scouts,role-play as victims.15 Such traininginitiatives can promote publicawareness, and departments canbenefit from the publics increasedsense of security and confidence,

knowing that the police can handlean aircraft disaster and otheremergencies effectively and

professionally.CONCLUSION

Within the next decade, thenumber of annual U.S. aircraft pas-sengers may rise to one billion. Fed-eral government agencies have ini-tiated steps to cope with theinevitable prospect of additionalaircraft accidents.16 Local and statelaw enforcement agencies must ini-tiate steps to prepare for the risingrate of air travel provided by com-

mercial airlines and the increase ofthe number of commuter aircraftflights.

Because responding to evensmall aircraft accidents can quicklyevolve into large operations involv-ing many resources and jurisdictionsand an unlimited number of contin-gencies, law enforcement adminis-trators must plan ahead for such di-sasters. By analyzing trends anddeveloping response procedures andtraining initiatives based on those

results, administrators will help prepare their departments to betterhandle aircraft accidents.

Endnotes1 Associated Press, The Washington Post,

January 18, 1999, A1.2 Associated Press, The Washington Post,

January 21, 1999, A1.3 For purposes of this article, the term

small aircraft incorporates both airplane andhelicopter designs weighing under 41,000

pounds that fall under the National Transporta-tion Safety Boards (NTSB) investigativeauthority.

4 NTSB, 1998 Aviation Accidents; availablefrom http://www.ntsb.gov/aviation/9801.htm ;accessed June 18, 1999.

5 According to the Federal AviationAdministrations Statistical Handbook of

Aviation, Chapter 9, 9.1: An aircraft accident

Aircraft Accident Kit

A typical aircraft accident kit may consist of the followingitems:

medical supplies to stabilize life threatening injuries;

extra fire extinguishers, capable of extinguishing jet fuel;

marking tape, which can be used to identify debris andestablish a perimeter;

batteries and high power lighting equipment, used for

searches; and contact numbers of local airport representatives who can

provide possible identification of the aircraft and victims.


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February 2000 / 15

Aircraft accident information can beobtained through:

National Transportation Safety BoardPublic Inquiry Section, RE-51490 LEnfant Plaza EastS.W.Washington, D.C. 20594202-314-6551Internet site:http://www.NTSB.GOV

is an occurrence associated with the operationof an aircraft which takes place between thetime any person boards the aircraft with theintention of flight until such time as all such

persons have disembarked, and in which anyperson suffers a fatal injury or serious injury asa result of being in or upon the aircraft or bydirect contact with the aircraft or anythingattached to the aircraft, or in which the aircraftreceives substantial damage;and A fatalinjury is any injury which results in deathwithin 30 days of the accident.

6 NTSB, We Are All Safer, July 1998, 18.7 P. Warren, Bodies of 2 Plane Crash

Victims Recovered,Los Angeles Times ,February 22, 1999, A1, 2.

8 Data compiled from NTSB aircraft accidentreports.

9 A. Garber, Mutual-Aid AgreementsFacilitate Emergency Response for SmallerAgencies, The Police Chief, March 22, 1997,33.

10

Supra note 4.11 B. Hersche and O. Wenker, First AidStation FAS, The Internet Journal of Disaster

Medicine; available from http://www.ispub.com/journals/IJDM/Vol1N1/ fas.htm; accessed June18, 1999.

12 S. Cullen, Prevention of Injury inVehicular Accidents,Pathology of Violent

Injury, NCJ-55688, 1978.13 Supra note 6, 3.14 T. Burke and J. Reynolds, The Changing

Role of Police Chaplains, The Police Chief,January 1995, 45-47.

15 J. Kaplan, Crash Course,New York,August 22, 1994, 32.

16 Associated Press, FAA Unveils NewAviation Safety Agenda; available from http://

www.nando.net/newsroom/ntn/politics/041498/politics3_16906_noframes.html; accessed June18, 1999.

Serious Crime Decreased in 1999

According to preliminary Uniform CrimeReporting figures released by the FBI, U.S. lawenforcement agencies reported a 10 percentdecrease in serious crime during the first 6months of 1999 compared to the figures re-ported for the same time period of the previousyear.

Serious crime includes both violent andproperty crimes. From January through June1999, agencies reported an 8 percent decline inviolent crime and a 10 percent drop in propertycrime. Within the violent crimes, murder regis-tered the greatest decline with a 13 percent drop,followed by robbery with a 10 percent decrease;

forcible rape, 8 percent; and aggravated assault,7 percent. All property crimes also declined forthe first 6 months of 1999. Burglary fell 14

percent; motor vehicle theft, 12 percent; andlarceny-theft, 8 percent.

Throughout the nation, serious crimedropped. In the West, serious crime decreased 12percent; in the Midwest, 11 percent; in the North-east, 10 percent; and in the South, 7 percent.

Serious crime fell in cities of all populationgroups during the first half of 1999 compared tothe first half of 1998. Declines ranged from 11percent in cities with populations of 25,000 to99,999 to 6 percent in cities with populationsover 1 million. Rural and suburban county lawenforcement agencies recorded 11 and 10 percentdecreases, respectively.

For the complete preliminary semiannualUniform Crime Report, access the FBIs Internetsite at http://www.fbi.gov.

Crime Data


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ven though national statistics have shown anoverall decrease in juvenile crime over the past

The Problem

The North Miami Beach community knew it had aproblem with truancy. Residents who completed a

survey said that the police department should makecontrolling juveniles its number one priority. A crimeanalysis associated truants with criminal hot spots,areas where a high number of Part I index crimes2 tookplace. But the truancy problem hit close to home whenthe police chief, on his way to work after a chamber ofcommerce meeting, spotted a large group of teens inthe local video store at 8:30 a.m.

While the fastest, simplest way to get juveniles offthe street and back in school might be to merely pickthem up and take them, this solution would not addressthe underlying causes for their behavior, nor would itsolve the problem. In fact, in the past, youths taken

back to school simply would leave again when they gotthe chance. So, although officers still pick up truants,what they do with them afterward has changed.

The Truancy Evaluation Center

The PET Project assigns two officers to patrol incommunity hot spots during regular school hours,from 9 a.m. to 3 p.m. By conducting field interviews,the officers identify truants, defined as juveniles underage 16 with no legitimate reason to be out of school.For example, a school may have different holidays, ora student may have gotten suspended. The officers taketruants to the Truancy Evaluation Center (TEC).

Located in an off-campus classroom, TEC sharesspace with the departments Alternate to SuspensionProgram (ASP). Like its new counterpart, ASP aimsto get juveniles off the street. Its intensive learningenvironment and disciplined approach have helped anumber of students rededicate themselves to school.3

The school teacher, counselor, and police officers whowork with ASP students also staff TEC.

When students arrive at the center, the counselorcalls the school to verify their status, then contactstheir parents. The parents have the option of pickingup their children, and sometimes they do. Otherparents leave their children at the center, often becausethey feel they have no control over their childrensactions. These kids frequently become chronic truants.Many eventually drop out of school and may become apart of the juvenile justice system.

Police Practice

Police Eliminating Truancy:A PET ProjectBy William B. Berger, M.P.A., and Susan Wind

E5 years,1 many communities would argue differently.In North Miami Beach, for example, an overwhelming

number of students spent their days aimlessly hangingout at local businesses, malls, and city streets, creatinga heightened perception of crime and, with it, fear inthe community. Some of the truants had gang affilia-tions and did, in fact, engage in criminal behavior.

Agencies in the community debated who shouldtake responsibility for this problem. Some argued thatthe school remained responsible for its students; otherssaid parents should be held accountable for theirchildrens behavior; still others thought it was a policeproblem. Instead of joining the debate, the NorthMiami Beach Police Department took action. Truancybecame its PET Project: Police Eliminating Truancyby tackling its underlying causes and, at the same time,reducing the criminal behavior that resulted whenjuveniles spent their day on the street instead of in theclassroom.

Mark C. Ide


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February 2000 / 17

The counselor administers a survey to the studentswho stay at TEC. Questions include why they skipschool and whether they have committed crimes while

out of school. This information not only helps thecounselor evaluate the students, but it also helps thedepartment determine the underlying causes of thestudents truancy. Together with the demographicinformation from the PET officers field interviewcard, it serves as a record of the students introductionto TEC and allows the department to track the youths.

After the counselor evaluates the students, one ofthree things may happen. If students have no history oftruancy, PET officers take them back to school.Suspended students take part in ASP, and about 50percent successfully complete the program and returnto school without incident. Students who seem to be

making truancy a habit usuallymeet with their parents and thecounselor to discuss possiblesolutions to their problems. Thecounselor provides referrals toother social service agencies, andthe children participate in ASPclasses that include anger manage-ment, drug and alcohol awareness,and gang prevention.

Solutions to theTruancy Problem

Some solutions to studentstruancy come from the answers toperhaps the most important survey question: Whywere you truant from school? Twenty percent saidthey missed the bus. Investigation revealed that manybus drivers would not wait for latecomers, even ifthey saw the students walking down the street towardthe bus stop. The school board stepped in and rem-edied that problem. An additional 20 percent of truantstudents had been suspended, so they attended ASP.

Thirty percent said they simply did not like school.These students may become chronic truants. To helpthese students, the department entered into a partner-

ship with the Miami-Dade State Attorneys Office,whose existing Truancy Intervention Program (TIP)targets chronic truants and holds parents accountablefor their childrens behavior. The program, which

uses a computerized system to track the youths,combines early intervention with prosecutorialenforcement of Floridas compulsory education laws.

According to statistics from the state attorneysprevious experience with the program, 75 percent ofTIP students need only one meeting to break theircycle of truancy. The rest eventually get expelled.

In the spring of 1999, the department decided tocollaborate with the state attorneys office in thissuccessful program. At that time, the program focusedon one middle school. Now targeting both middle andhigh school students, the department assists in theinvestigative process, picks up truants, and attendsweekly meetings with the youths, their parents, andrepresentatives from the school board and theattorneys office. During these meetings, the public

officials essentially lay down thelaw, reminding students and theirparents that in Florida, childrenhave to stay in school until age 16.They also offer the parents assis-tance in keeping their kids inschool, and a counselor follows up.By the end of the school year, 75percent of the children who hadgone through this program did notget picked up again.

Other students have specialneeds that keep them out of school.

One boy told the counselor that hedid not like school because the

other children made fun of him when he read. Heactually had a learning disability and putting him ina special reading class solved his truancy problem.

Results

From its inception, the PET project has had fourgoals: 1) to identify the primary reasons why studentsbecome truant; 2) to get truants off the streets; 3) toreduce the number of Part I index crimes that truantshave committed; and 4) to track chronic truants. Thesurvey each truant completes at TEC helps pinpoint

why they skip school and, in the process, may stopthem from doing so. Proactive patrol, in conjunctionwith a PET hotline that allows community residentsand business owners to notify police when they see

Working withparents and other

governmentagencies offershope to more

hard-core truants.


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juveniles who should be in school, gets truants off thestreet. To date, PET officers have picked up over 400truants.

In North Miami Beach, Part I crimesparticu-larly burglary, larceny-theft, and motor vehicle theft,as well as criminal mischiefall have decreased.Specifically, apartment burglaries decreased 13percent; residential burglaries, 19 percent; vehicleburglaries, 22 percent; motor vehicle theft, 32 per-cent; grand theft, 13 percent; petit theft, 17 percent;and criminal mischief, 19 percent. Can the departmentcredit the PET Project with these crime reductions?To answer that question, the departments crimeanalyst carefully tracked and mapped these crimes,many of which occurred during regular school hours.The TEC surveys revealed that 20 percent of students

admitted to committing crimes while they were truant,and in fact, a review of previous juvenile arrestsassociated youths with these property crimes. More-over, 40 percent of the truants who reside in NorthMiami Beach have a criminal past of some sort. Ofthe truants who live within a 45-mile radius of NorthMiami Beach, 30 percent have a criminal past. Manyof these juveniles have committed the crimes thathave occurred in North Miami Beach during school

hours. In short, the PET Project has helped decreasecrime in the area.

Can chronic truants be saved? By tracking

chronic truants and sending letters home, the depart-ment puts them and their parents on notice that thepolice, and in fact the entire community, are watch-ing. This may keep them from progressing to moreserious behavior and get them back in school. If not,the database at least allows the department to main-tain the records it needs to perform crime analysis,conduct investigations, and implement additionalcrime prevention strategies.

Conclusion

When children skip school, it quickly becomes apolice problem, especially if parents feel helpless to

control their kids. In North Miami Beach, truantstudents roamed the streets, alarming residents. Manycommitted crimes. Through its Police EliminatingTruancy Project, the department not only gets truantsoff the street, but it also attempts to destroy the rootsof truancy.

The departments Truancy Evaluation Centerprovides a confidential, supportive environmentwhere counselors try to discover the causes of a

1. Why were you truant from school?

30% Do not like school20% Missed bus20% Suspended from school15% Sick15% Other

2. What do you do when you skip school?

40% Hang out with friends30% Stay home

10% Visit boyfriend/girlfriend10% Look for a job10% Other

Truancy Evaluation Center Survey Results

3. Do your parents know you skip school?

70% No15% Yes15% Dont skip school

4. Have you ever committed a crime or gotteninto criminal mischief while truant?

70% No20% Yes10% Unknown


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February 2000 / 19

Chief Berger leads the North Miami Beach, Florida, Police

Department. The research planner and grant administrator

for the North Miami Beach Police Department, Ms. Windalso serves as program director for the PET Project.

students problems and devise possible solutions.Oftentimes, a simple solution, such as asking busdrivers to wait for late students or placing children in

special classes, can get students back into the class-room. Working with parents and other governmentagencies offers hope to the worst truants. Chronicoffenders may need more than this collaborativeapproach can provide. Unfortunately, for studentswho feel imprisoned by school, the next step mightactually be prison. As the PET Project evolves, it maycatch these youths before they go too far. Schoolshould help students prepare for rewarding careers,not turn them into career criminals. The PET Projectmay help them do just that.

Endnotes

1 See, e.g., U.S. Department of Justice, Federal Bureau of Investiga-tion, Crime in the United States 1998 (Washington, DC, 1999).

2Murder and nonnegligent manslaughter, forcible rape, robbery,

aggravated assault, burglary, larceny-theft, motor vehicle theft, and arsonmake up the FBIs Uniform Crime Reporting Programs Part I index crimes.

3ASP generally does not target high school students because in Florida,juveniles 16 years and older are not legally required to stay in school. SeeWilliam B. Berger and Alan P. Graham, Suspended Students: APractical Approach,FBI Law Enforcement Bulletin, July 1998, 7-8.

T heFBI Law Enforcement Bulletin staff invitesyou to communicate with us via e-mail. OurInternet address is [email protected].

We would like to know your thoughts oncontemporary law enforcement issues. We

welcome your comments, questions, andsuggestions. Please include your name,

title, and agency on all e-mailmessages.

Also,the Bulletin is availablefor viewing or downloading on anumber of computer services,as well as the FBIs home page.The home page address ishttp://www.fbi.gov.

The BulletinsE-mail Address


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odays criminals are more

mobile than ever before.Technology allows them to

problem, task forces can help law

enforcement solve complex casesthat span multiple jurisdictions. TheFinancial Crimes Task Force ofSouthwestern Pennsylvania doesexactly that.

BACKGROUND

Perhaps best known for its steel production, Pittsburgh saw itssmall-town flavor change with theopening of a new airport in 1992.Serving as the hub for a major air-line, the Pittsburgh International

Airport gave criminals easy accessin and out of town. Before long, itseemed that every financial-crimegang between Los Angeles andPittsburgh was using the airport as a

transit point. The activities of these

out-of-state groups combined withPittsburghs homegrown white-col-lar criminals spurred the creation ofthe Financial Crimes Task Force ofSouthwestern Pennsylvania.1 Com-prised of members from a numberof federal and local agencies,2 thetask force investigates a variety ofwhite-collar crimes and takes pro-active steps to prevent financialfraud in the southwestern Pennsyl-vania area.

INVESTIGATIONSThe cases the task force investi-

gates range in size, scope, and so- phistication. While some involveone or two suspects who employ

Tconduct their illicit activities on aglobal scale. In doing so, they crossmultiple jurisdictions. Oftentimes,the law enforcement agencies on thetrail of these criminal nomads findout, well into their investigations,that they unknowingly have targetedthe same suspects.

To avoid the duplication of ef-fort inherent in multijurisdictionalinvestigations, as well as to share

resources and information, manyagencies have formed task forces.Whether ad hoc and temporary toserve a particular need or perman-ent to deal with an ongoing crime

The Financial Crimes Task Force

of Southwestern PennsylvaniaBy KENNETH W. NEWMAN, M.S., and JOHN A. WISNIEWSKI, M.P.A. Don Ennis


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February 2000 / 21

simple schemes, others involvegroups of people who use advancedtechnology to commit their crimes.

Some suspects remain local, whileothers extend their reach to othercountries.

Debit Card Fraud

The convenience of debit cardshas not been lost on criminals, anddebit card fraud has become a grow-ing trend in many U.S. cities. Indi-viduals open bank accounts withfraudulent identification, then de-posit counterfeit checks into the ac-counts. By crediting the accounts

before actually verifying the exist-ence of the funds, the banks givecriminals immediate access to themoney. In Pittsburgh, two Russiannationals from New York City per-petrated such a scheme. After open-ing fraudulent bank accounts, theydeposited counterfeit corporatechecks through the banks auto-mated teller machines (ATMs).Within a few days, they began with-drawing the money and were longgone before the banks realized what

had happened. Fortunately, the taskforce caught the pair.

Another case involved a mid-level manager at a local bank whoelectronically accessed customerschecking and savings accounts todetermine which had high balances.Next, he generated debit cards forthese accounts, and via an ATM, heand a coconspirator siphoned out allof the victims funds. The managerand his cohort have since been con-victed in federal court.

Credit Card Fraud

Easily obtainable credit cardstempt consumers and criminalsalike. The latter use false identifica-

tion to procure legitimate cards, orthey simply steal other peoplescards. The task force has thwarted

the illicit activities of a number ofcredit card groups.In one case, a California resi-

dent and his female accomplice ob-tained over $120,000 in fraudulentcash advances from financial insti-tutions in the Pittsburgh metropoli-tan area, then left, abandoning theirrental car at the airport. Task forceinvestigators searched the vehicleand seized numerous documents, in-cluding the lease for the car. Al-though the man had used a stolen

credit card as identification to obtainthe rental car, a latent fingerprintfound on the lease and entered intothe Western Identification Networkeventually identified him and his LosAngeles residence.

About a year later, as the manattempted to make a cash advanceon a stolen credit card, an alert bank teller notified her manager.

Although the man had left by thetime task force members arrived,the teller identified him from his

drivers license photo, which thetask force had obtained. Surmisingthat the man eventually would re-turn to Los Angeles, members of thetask force, along with AlleghenyCounty and Pennsylvania State Po-lice officers stationed at the airport,monitored all outgoing directflights from Pittsburgh to Los An-geles. Two days later, they arrestedthe man and a male partner as thetwo attempted to board a nonstopflight from Pittsburgh to Los Ange-

les. Officers recovered 40 creditcards, 34 counterfeit drivers li-censes from various states, and$63,000 in cash.

Mail Theft

Mail theft investigations keepthe task force busy. In one case,volumes of rifled mail began turningup along roadsides in two of

Inspector Wisniewski, assigned to theWestern Allegheny Division of theU.S. Postal Inspection Service inPittsburgh, supervises the task force.

Mr. Newman, deputy chief postalinspector for the U.S. PostalInspection Service in Washington,DC, initiated the task force.


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Pennsylvanias rural counties. Themail was addressed to various resi-dences within the counties. As a re-

sult of extensive surveillance, thetask force developed several suspects. Obtaining a federal searchwarrant for one suspects residence,investigators revealed substantialevidence of mail theft and creditcard fraud. The next day, the taskforce obtained federal arrest war-rants for the two main suspects. Onesubject was arrested after leaving ashopping area in a nearby township;the other fled to New York but even-tually turned herself in to the task

force. During their crime spree, thesubjects had stolen over 2,000pieces of mail in an effort to findchecks, credit cards, and other fi-nancial documents. Faced with theevidence against them, they pledguilty in federal court.

Counterfeit Identificationand Checks

White-collar criminals oftenuse todays technology to furthertheir schemes. In one case, an

employee of a local business photocopied personal checks cus-tomers had written to make pur-chases. He then provided thecopies to other group members,who produced counterfeit identifi-cation to correspond with the legiti-mate bank information obtainedfrom the stolen checks. Members ofthe group then forged and cashed atlocal banks blank checks that theyeither had stolen from the mail,taken during burglaries, or pur-chased on the street. To date, nineindividuals have been charged instate court under Pennsylvaniasequivalent of the federal Racketeer

Influenced and Corrupt Organiza-tions Statute.

In a similar case, a group of

people from New York City stolebusiness checks, scanned them, thenreplaced them to avoid suspicion.They then were able to make new,fraudulent checks, which they used,along with counterfeit identification,to open bank accounts. They woulddeposit the counterfeit checks, thenwithdraw the funds before the banksdiscovered the fraud. The task forcehas charged 24 people in this scam,which so far has cost local banksmore than half a million dollars.

recorded their license plate numberand called the Allegheny CountyPolice, who notified the task force.

Because the shoes had comefrom a nearby outlet mall, the taskforce asked the Pennsylvania StatePolice to watch for the suspectsthere. The hunch proved correct,and a short time later, the men ar-rived. They purchased largeamounts of merchandise using creditcards issued under 10 differentnames. When state police officersand task force agents arrested themfor the fraudulent use of counterfeitcredit cards, the men had a number

of counterfeit credit cards and coun-terfeit Mexican drivers licenses.

The following day, the taskforce obtained a federal search war-rant for the subjects vehicle. It con-tained more counterfeit credit cardsand drivers licenses, a laminator,and a large volume of fraudulentlyobtained merchandise. Further in-vestigation determined that the sus-pects had been shipping items fromvarious locations throughout theUnited States after shopping at out-

let malls using counterfeit creditcards. For almost a year, banks inMexico had fallen prey to the sub-jects scam, incurring losses in ex-cess of $5 million. In the UnitedStates, the suspects had made pur-chases in Atlanta, Boston, Wash-ington, DC, and other cities.

The task force also became in-volved in a credit card skimmingcase that reached as far as HongKong. Patrons of a popular Pitts- burgh restaurant began receivingcredit card statements that indicatedthey had made significant purchasesin Japan. Task force investigatorssoon determined that the restaurant

...the task forceinvestigates a varietyof white-collar crimesand takes proactive

steps to preventfinancial fraudin the western

Pennsylvania area.

International InvestigationsThe new airport in Pittsburghopened the area to internationalfraud cases. An employee of an aircargo company observed two menmailing large stereo systems toLaredo, Texas. Thinking they might be shipping drugs, the employeewatched the pair closely and noticedthat they carried a stack of creditcards 2 inches thick and that theirvehicle contained hundreds of pairsof brand-new athletic shoes. He


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February 2000 / 23

served as the source of the com-promise. Working with Pittsburgharea banks and credit card compa-

nies, the task force identified twoadditional restaurants as locationsfor skimming activity.

Investigation determined thatmore than 100 fraudulent transac-tions had occurred in Tokyo, SanFrancisco, and San Jos aftercustomers used their credit cardsat Pittsburgh-area restaurants.The owner-manager of one of therestaurants and one employeefrom each of the other two res-taurants used a magnetic strip

reader to extract and store theinformation contained on thecredit cards customers had usedto pay for their meals. The em-ployees then sent the reader on toSan Francisco, where the infor-mation was downloaded and for-warded to Hong Kong, wherethe subjects produced counter-feit credit cards. Four subjects wereindicted in Pittsburgh for their partin this scheme.

PROACTIVE STRATEGIESAlthough investigations form

the foundation of the task forceswork, group members play activeroles in preventing white-collarcriminals from plying their trade.To that end, the task force regularlyshares information with area busi-ness and law enforcement profes-sionals.

The task forces semiannualFinancial Crimes Newsletter pro-vides information on the latest finan-cial frauds to over 300 law enforce-ment agencies in the greaterPittsburgh area. The newsletter alsoidentifies Pittsburghs Most

Wanted and recognizes the TaskForce Honor Roll, area law enforce-ment personnel who have assisted

the task force with cases.Membership in the Interna-tional Association of FinancialCrime Investigators gives taskforce members access to a computer

establishments, credit card issuers,and fraud victims. To capture andtrack this influx of information,

the task force designed and estab-lished a computerized database atits headquarters at the U.S. PostalInspection Services Pittsburgh of-fice. Postal Inspection Service tech-

nicians input, on a daily basis, asteady flow of intelligence, in-cluding suspect informationand known fraud addresses.The system includes a digitalmugshot file that can automati-cally match known suspectswith their photographs.

At the task forces head-quarters, each member hasample office space, which in-cludes a laptop computer, voicemail, and dictation equipment.Postal Inspection Service tech-nicians type all task force re-ports and correspondence to al-low investigators the time to

devote to their cases. The PostalInspection Service also providestask force members with portableradios and raid shirts. Each member

agency contributes vehicles andtechnical equipment. The Postal In-spection Services and U.S. SecretServices crime laboratories pro-vide analysis of the evidence col-lected in each case.

TRAINING

Because of the high numberof arrests the task force makes,all members receive warrant ser-vice training monthly, using thePostal Inspection Services build-ing-entry facility. An interactivefirearms training system helpsmembers maintain their firearmsproficiency.

network of financial crimes andcriminals, and the associations faxalert relays critical information onongoing scams. Task force mem-

bers also join local law enforcementofficers and bank representatives toshare information at the asso-ciations monthly meetings.

Additional information-sharingopportunities arise four times ayear, when the U.S. Postal Inspec-tion Service sponsors a nationalmeeting of representatives from allmajor credit card companies. A taskforce member regularly attendsthese meetings.

EQUIPMENT AND SERVICESOn a daily basis, the task force

receives numerous referrals fromarea police departments, banking

Task force training


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CONCLUSION

To face the challenges of thefuture, law enforcement agencies

must cooperate and pool their re-sources. The Financial Crimes TaskForce of Southwestern Pennsylva-nia consistently demonstrates theeffective use of time, money, mate-rial, and human resources in a combined effort to attack the growingproblem of financial crime. Intelli-gence from various law enforce-ment agencies and private financialinstitutions has streamlined the in-vestigative process. The combinedinvestigative skills of the task force

members have yielded a number of

creative approaches to the investi-gation of major conspiracies thatimpact large numbers of individuals

and corporations, not only in south-western Pennsylvania but alsothroughout the country.

While no single law enforce-ment agency has the resources orexpertise to address the myriad fi-nancial crimes that occur every dayin a large city, the collaborative ef-fort that a task force provides can.The Financial Crimes Task Force ofSouthwestern Pennsylvania canserve as a model for other metro-politan areas as they strive to com-

bat white-collar crime.

Endnotes

1 Originally dubbed the Pittsburgh CreditCard Fraud Task Force and later the PittsburghFinancial Crimes Task Force, the task forces new

name reflects the growth of financial crime inthe southwestern Pennsylvania area.

2 The following agencies participate in thetask force: the FBI, the U.S. Secret Service, theU.S. Postal Inspection Service, the U.S.Attorneys Office for the Western District ofPennsylvania, the Pennsylvania State Police, theWestmoreland County District Attorneys Officeand its Detective Unit, the Allegheny CountyDistrict Attorneys Office and its White-collarCrimes Unit, the Allegheny County Police, theCity of Pittsburgh Police, and the City ofGreensburg Police Department. All local,county, and state officers have been deputizedas special deputy U.S. marshals.

Steel Dart Ammunition Cartridges

Bulletin Alert

The Ottawa, Kansas, Police Department seizedseveral modified 22LR ammunition cartridges that didnot have the lead projectile in place. A steel dart insidea plastic sleeve was inserted instead. All normal powderfrom the 22 round and primer were still intact. Thesedarts easily penetrated a standard level II bullet-resis-tant vest. The pointed steel dart went through the vestand approximately 1 inch further into a 2- by 4-inchwooden board behind the vest. The accuracy betweenrounds varied greatly. Although these rounds do notfunction in all firearms because of the length of the

overall modified shell, they still pose a serious threat tolaw enforcement officers.

Submitted by the Ottawa, Kansas, Police Department.



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February 2000 / 25

Legal Digest

targets become even more sophisti-cated. The challenge for criminalinvestigators is to keep pace by us-ing increasingly sophisticated in-vestigative techniques. One ex-tremely successful technique has been electronic surveillance, bothsilent video surveillance and inter-ception of wire, oral, or electroniccommunications. No jury can ig-nore watching defendants commitcrimes before their very eyes orhearing the defendants talk abouttheir crimes in their own voices.This article focuses on investiga-tors obligation to demonstrate thenecessity for electronic surveillance before the court will authorize itsuse.

HISTORY

Electronic surveillance is not anew technique. As long ago as 1928,the U.S. Supreme Court wrestledwith the constitutional implicationsof governmental recording of tele-phone calls. The Court decided inthe case of Olmstead v. UnitedStates1 that tapping a telephone linefrom outside a residence was not asearch under the Fourth Amend-ment.2 The Court reasoned that the

government, by tapping the tele-phone line outside the residence, hadnot invaded any constitutionally protected area (persons, houses,papers, and effects...). In addition,the government had seized mere

telephone conversations, instead oftangible objects (the persons orthings to be seized) described inthe Fourth Amendment.3

In 1934, perhaps partially in re-sponse to the Olmsteadcase, Con-gress passed the Communications

Act of 1934.4

That Act prohibitedthe unauthorized recording of tele-phone calls but only if the contentsof the recording were disseminated.Consequently, the governmentcould tap telephones as long as it

did not reveal the content of therecorded conversations withoutauthorization.

The U.S. Supreme Court com-pletely altered the legal landscapesurrounding electronic surveillancewith two decisions in 1967. InKatz

v. United States,5

the Court rede-fined a search under the FourthAmendment. The Court decidedthat a Fourth Amendment searchoccurs anytime the governmentinfringes a persons reasonable

Electronic Surveillance

A Matter of NecessityBy THOMAS D. COLBRIDGE, J.D.

Criminal investigations are becoming increasinglymore difficult as criminal


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expectation of privacy. Under thisnew definition, the governmentdoes not have to invade a constitu-tionally protected area for a searchto occur. The Fourth Amendmentnow protects people, not placesthe government may not unreason-ably invade a persons privacy any-where, in public or private, as longas the persons expectation of pri-vacy in that activity or place is ob-

jectively reasonable.6 In Berger v. New York,7 the Supreme Court,while reviewing the New York statewiretapping law, clearly held thatany form of electronic surveillancethat infringes this reasonable expec-tation of privacy is a FourthAmendment search. The Court alsoestablished the constitutional stan-dards for obtaining authority towiretap.

In 1968, Congress codified therequirements for obtaining court au-thority to intercept oral and wirecommunications in Title III of theOmnibus Crime Control and SafeStreets Act (Title III).8 This Actsubsequently was amended in 1986

to include the interception of elec-tronic communications among itsprohibitions9 and, in 1994, by theCommunications Assistance forLaw Enforcement Act (CALEA).10

Most states have enacted electronicsurveillance statutes patterned afterthe federal model.11

There is no federal legislationconcerning judicial authorization ofsilent video surveillance.12 The fed-

eral courts have decided that TitleIIIgoverning the interception oforal, wire, and electronic communi-cationsneither prohibits nor au-thorizes the practice.13 Instead, fed-eral courts have the authority toissue silent video surveillance war-rants under Rule 41 of the FederalRules of Criminal Procedure.14

IS A WARRANTNECESSARY?

If a government action in noway infringes upon a reasonable expectation of privacy, it is not asearch under the Fourth Amend-ment.15 In that case, officers arenot governed by the Constitutions

warrant requirement. Conse-quently, court authority for elec-tronic surveillance is not required

by the Fourth Amendment wherethere is no reasonable expectationof privacy.

For example, no warrant is re-quired on the federal level to video-tape activity in an open field,16 orother public places.17 It also is not aviolation of either Title III or theFourth Amendment to tape record adefendants prearrest conversationin the backseat of a police car,18 oroutgoing telephone calls from a prison that already are routinely

recorded.19Similarly, the federal courts

have ruled that there is no expecta-tion of privacy in a conversation oractivity when one party to the con-versation or activity consents togovernment monitoring.20 Such con-versations have been specifically ex-empted from Title III coverage21

and from the Fourth Amendmentswarrant requirement for silentvideotaping.22

THE WARRANTREQUIREMENT

The courts and Congress havelong considered any form of elec-tronic surveillance extremely inva-sive. As the Supreme Court noted intheBergercase: [I]t is not askingtoo much that officers be required tocomply with the basic command ofthe Fourth Amendment before theinnermost secrets of ones home oroffice are invaded. Few threats toliberty exist which are greater thanthat posed by the use of eaves-dropping devices.23 Because ofthis view, the prerequisites for ob-taining a warrant authorizing elec-tronic surveillance of oral, wire, and

...a FourthAmendment search

occurs anytimethe government

infinges a person'sreasonableexpectationof privacy.

Special Agent Colbridge is a legalinstructor at the FBI Academy.


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February 2000 / 27

electronic communications, as wellas silent video, are quite strict.24

Officers must comply with the

Fourth Amendment requirements ofprobable cause25 and particularity.26

In addition, Title III requires thatofficers seek prior authorizationfrom a particular government offi-cial;27 identify previous electronicsurveillance applications regardingthe same people, facilities, orplaces;28 confine their surveillanceto only relevant conversations oractivities (the minimization re-quirement);29 specify the length oftime the technique will be used;30

and certify that normal investiga-tive techniques have been tried andfailed, are reasonably unlikely tosucceed, or too dangerous to at-tempt.31 It is this last requirement,the exhaustion of normal investiga-tive techniques, that is the focus ofthe remainder of this article.

A Matter of Necessity

The courts and Congress viewelectronic surveillance as extremelyinvasive. With more traditional in-

vestigative techniques, the persontargeted knows what the police aredoing. Individuals interviewedabout criminal activity clearlyknow they are suspected. If the po-lice search a persons home underthe authority of a search warrant,the homeowner is present at thetime of the search or learns of thesearch soon after when a

FBI Law Enforcement Bulletin - Feb00leb

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