FBI Law Enforcement Bulletin - July01leb

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July 2001Volume 70Number 7

United StatesDepartment of Justice

Federal Bureau of InvestigationWashington, DC

Contributors' opinions and statementsshould not be considered

endorsement by the FBI for any policy,program, or service.

The Attorney General has determinedthat the publication of this periodical is

necessary in the transaction of thepublic business required by law. Useof funds for printing this periodical hasbeen approved by the Director of theOffice of Management and Budget.

The FBI Law Enforcement Bulletin(ISSN-0014-5688) is published

monthly by the Federal Bureau ofInvestigation, 935 PennsylvaniaAvenue, N.W., Washington, D.C.

20535-0001.at Washington, D.C., and additionalmailing offices.address changes to Editor, FBI LawEnforcement Bulletin, FBI Academy,

Madison Building, Room 209,Quantico, VA 22135.

Editor

John E. Ott

Associate Editors

Glen Bartolomei

Cynthia L. Lewis

Bunny S. Morris

Art Director

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6 Police PracticePolice on Horseback

8 Crime Data1999 Hate Crime Statistics

14 Bulletin ReportsVietnamese Youth Gangs

Parole BoardsJuvenile JusticeEyewitness Evidence

Features

Looking Inward with

Problem-Oriented PolicingBy Terry Eisenberg

and Bruce Glasscock

Detecting DeceptionBy Joe Navarro and

John R. Schafer

Police Pursuits

and Civil LiabilityBy Chris Pipes and

Dominick Pape

The Sixth Amendment

Right to CounselBy Kimberly A. Crawford

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The problem-oriented policing approachcan solve problems in communities aswell as within law enforcment agencies.

Learning and employing basic nonverbal

and verbal skills can help officersdetermine the truthfulness of peoplethey interview.

Law enforcement agencies mustestablish a written vehicle pursuit policyto provide clear guidance for theirofficers.

Sixth Amendment protections applyprimarily to the prosecution of casesand have only limited application tocriminal investigations.

Departments

22 Focus on Performance

The Effects ofSleep Deprivation

26 Book Review

Financial AssetInvestigations

ISSN 0014-5688 USPS 383-310


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Looking Inward with

Problem-Oriented PolicingBy TERRY EISENBERG, Ph.D., and BRUCE GLASSCOCKMark C. Ide

For two decades, the concept yet novel application of such a administrat ion to operations toof problem-oriented polic- well-known policing approach. personnel. Critical themes in theing has influenced how law Taking into account the history, philosophy included the end prod-

enforcement agencies respond to problem-solving techniques, and ucts that policing produces, thethe communities they serve. Be- decision-making styles of POP, need for substantive community in-cause the approach concentrates on agencies may want to consider the volvement, and the complexities ofsolving problems, rather than solely hiring and retaining of qualified effectively implementing change.responding to complaints, it offers personnel as a promising area for The end-products theme, perhapsagencies an opportunity to apply them to apply this concept. the most important, focused on thethe technique to problems that ex- need to assess policing in terms of ist within their organizations, as HISTORY OF POP problems solved or diminished,well as those occurring in their In 1979, an article appeared in a quality of life issues, and crimes,communities. criminal justice journal that de- such as panhandling, robbery, graf-

To employ the concept of prob- scribed a concept for improving po- fiti, and sexual assault.lem-oriented policing (POP) to in- licing through a problem-oriented During the 1980s, numerousternal departmental problems in approach.1 The author defined this law enforcement agencies through-contrast to external community approach as a new way of thinking out the United States and in other

problems consti tutes a logical, about all aspects of policing, from countries began a wide variety of

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Dr. Eisenberg is president of aprivate law enforcement consultantfirm in San Diego, California.

Chief Glasscock heads thePlano, Texas, Police Department.

problem-oriented policing initiatives. For example, agencies inMadison, Wisconsin; BaltimoreCounty, Maryland; Newport News,Virginia; and London, England, ap

plied the problem-oriented policingconcept to their operational ap-

proaches.2 At the same time, otherfactors propelled the POP conceptforward. For example, in 1988, alaw enforcement research group be

gan an ongoing publication devotedto problem solving3 and, in 1996,developed a computerized data-

base, the Problem-Oriented Policing Network (POPNET), which hasreceived over 18,000 inquiriessince its inception. In 1990, the first

National Problem-Oriented Policing Conference convened in SanDiego, California. This conference,now known as the InternationalProblem-Oriented Policing Conference, has continued each year sincethat time.

These efforts and many others,along with published literature onthe topic, demonstrate that POP has

become a highly visible and utilitarian policing philosophy. In contrastto community-oriented policing(COP), which has a less uniformand clearly defined quality, POPconstitutes a rather easily under-stood concept that focuses on different end products. Whereas themain thrust of COP centers on fostering community cooperation,facilitating the work of the police,

and reducing fears and tensions,POP emphasizes the measurable reduction of crime and other featuresof community and neighborhoodturmoil.

PROBLEM SOLVINGWITH POP

Although a number of differentproblem-solving techniques exist inPOP initiatives, one of the most

popular is known by the acronymSARA. This acronym stands forscanning, analysis, response, andassessment.

Scanning identifies a problemthrough a variety of sources of

information, such as calls for service and citizen surveys. Citizensmust consider the problem as im

portant for this phase to succeed.

Next, analysis requires the thoughtful examination of the nature of the

problem. Input from police personnel and residents pertaining to the

problem is important, as well as thecollection of data the departmentmay have about the frequency, location, and other significant characteristics of the problem. Third, response fashions one or more

preferred solutions to the problem.This step, as well as the preceding

analysis step, benefits from creativedeliberation, or thinking outsidethe box. Input clearly should comefrom police personnel, but alsofrom residents, experts, and otherindividuals who can address the

problem thoughtfully. Finally, assessment evaluates the effectiveness of the expected solution. Agencies must evaluate the solution asobjectively as possible because thisstep speaks to end products, the keytheme in POP initiatives.

DECISION MAKINGWITH POP

For personnel engaging in oneor more POP initiatives, the application of the SARA problem-solving technique becomes necessary,

but may not suffice for a successful problem-oriented effort. Unlikemany patrol situations involving aresponse to a call for service where,in SARA terminology, the officergoes from scanning to response, in aPOP activity, much more time exists to deal with the situation/problem, thus making the intermediateanalysis step critical.

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This, however, frequently conflicts with officers past decision-making experiences. When officersstart their careers, they often must

embrace the value of decisivedecision making. The ability tomake decisive decisions proves justas important, perhaps even moreimportant, than the quality of thedecision itself. Right or wrong, thecritical element impressed uponmost new officers is that they make

some decision and, of course, in atimely manner. Their agencies ex

pect and excuse mistakes, if theycome from the heart with good and

noble intention. This decision-making style remains applicable and appropriate in most circumstances atthe patrol-officer level. However,as officers move up the management hierarchy and their agenciesinitiate problem-oriented policing,decisiveness can become a liability.

For personnel progressing tohigher rank, the nature of most positions and decisions allows for considerable deliberation. In fact, whenthat considerable deliberation does

not take place, poor decisions oftenresult. However, exceptions exist.For supervisors and mid-level managers occupying volatile operational assignments (e.g., drug enforcement), decisiveness remainsan important quality. As a rulethough, as a supervisor, mid-levelmanager, or executive, more time tomake thoughtful decisions becomes

part of the decision-making environment. More time to acquire im

portant information essential to thequality of the decision also becomesavailable. Unfortunately, many officers fail to recognize this difference as their careers progress and

continue to exercise the samedecision-making style that theyemployed as patrol officersastyle that emphasized the impor

tance of decisiveness above all else.Therefore, law enforcement managers must rethink their decision-making styles and consider thatdecisiveness applied in POP initiatives can become a significantimpediment.

...POP emphasizesthe measurablereduction of crime

and other featuresof community

and neighborhoodturmoil.

INTERNAL USE OF POP

With the success thatmanyPOP initiatives have experiencedwhen applied to external, end-product issues, it seems prudent and ap

propriate to also apply the conceptto internal problems. Yet, little evidence exists of such application.For example, with the possible exception of the area of calls for service, none of the 41 problems citedon POPNET4 have dealt with internal issues. Interestingly, however,during a 1987 problem-oriented

policing initiative in Newport News, Virginia, the agency ad-dressed two internal problems(automobile accidents involving

city vehicles and police morale),although both clearly were peripheral to the main focus and purposeof the project (external community

problems, such as thefts from vehicles in downtown parking areasand burglaries in a local apartmentcomplex).5

Although it proves essential toemphasize the importance of theend product (that is, the impact of

police actions on crime and otherforms of social disorder), the likelihood of success with those end

products is much influenced, if notdriven, by the organizations inter

nal constitution. A functionally disabled police department cannotpossibly deal with the kinds of is-sues problem-oriented policing isdesigned to and capable of resolving. And, an agency experiencingsignificant internal strife also will

be less able to successfully implement POP or POP projects. Problem-solving focusing on internal is-sues must not preoccupy thedepartments efforts and resources.Rather, an agency must attend to

these issues with the kind ofthoughtful deliberation imbeddedin the problem-oriented policingconcept and approach.

As so-called outsiders, citizens, business leaders, and other local government officials can con-tribute greatly to the success ofexternal problem-oriented initiatives. Likewise, law enforcement

personnel at the rank of patrol officer can contribute significantly tothe success of internal problem-solving through the use of POP. Tothe extent that a police departmentremains open to the inclusion ofthese individuals, the likelihood of

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successful internal problem-solving Scanning for premature sworn personnel de-increases. Agencies must establish the partures (i.e., nonretirement attri-

Always vigilant of the end significance of the problem and the tion), sources of attrition in the re- products, agencies using the POP need to solve it in the first place. In cruitment and selection processes,

concept may expect that better this regard, the role of the head of and the number and sources of


problem solving, which results inthe reduction or elimination of internal issues, produce better problem solving regarding external is-sues. Whether the issues are internalor external, POP can facilitate effective problem solving.

A POP APPLICATION TOAN INTERNAL PROBLEM

Today, many law enforcement

agencies find it difficult to hirequalified officers. Tighter labormarkets (i.e., less unemploymentand more jobs) and higher entry-level standards, such as educationalrequirements, has caused this condition. However, by employing theSARA problem-solving technique,agencies can apply a POP approachto such an internal departmental

problem. After first creating a problem-solving group, or task force, tohandle the initiative, agencies can

begin the four-step process.

the agency proves critical to avoidexpending a great deal of time andenergy on an issue of only marginalsignificance while neglecting oneof considerable importance.

Conditions in support of thesignificance of hiring difficultiescould include sworn entry-level vacancies, projected retirements, andofficer access to time off. Police

personnel undoubtedly would agree

that this issue represents a significant problem. Moreover, citizensalso may recognize this issue as oneof importance, although for reasons

perhaps different from those em- braced by police officers (e.g.,responsiveness to calls for service).

Analysis

To make informed decisions,agencies should obtain data pertaining to current sworn vacancies, pro

jected retirements, exit interviews,anticipated future staffing, reasons

sworn applicants. Also, agenciesmay find additional information oncomparative salaries and benefitswith other departments, total timeto process applicants, and recruitingtechniques and resources helpful.Agencies could acquire such inputfrom a variety of sources, including

police officers, citizens, experts,other sworn personnel, and staffmembers of the municipalitys per

sonnel department. Finally, agencies should review literature in thefield, other departments experiences, and input from colleagues.

Response

This step, of course, wouldhinge directly on the precedinganalysis phase. Results of this stepcould include

techniques;

additional recruitment/hiringstaff;

Call/case-driven response Problem-driven response

Temporary/transient result Longer lasting/permanent result

Less effort/energy required/expended More effort/energy required/expended

Less imagination applied More imagination applied

Limited results expected by officers Less limited results expected by officersLittle collaboration with others Much collaboration with others

Response driven by limited information Response driven by much information

Handling a Call Versus Solving a Problem

more effective recruiting


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removal of irrelevant selectionrequirements;

increase or change in salaryor benefits; and

better cooperation withmunicipal personneldepartment staff.

Other promising responses canemerge from the analysis step. Forexample, if an agency has a residency requirement and the analysisstep shows that viable nonresidentsinterested in a police career exist,the agency may consider eliminating or modifying the residencyrequirement.

Assessment

Agencies must allow for sufficient time to pass before drawingany assessment conclusions. How-ever, once this occurs, the numberof entry-level vacancies (i.e., thesmaller/lower, the better) constitutes the key criterion agencies canemploy to assess the effectivenessof implemented responses. Thenumber of premature departures

from the department (i.e., the lower,the better), the number of applicants(i.e., the higher the better), and thetime to process applicants (i.e., thelower, the better) also represent im

portant factors that agencies shouldevaluate.

CONCLUSION

Since the 1980s, law enforcement agencies have applied theconcept of problem-oriented policing to many community problems,

such as alcohol-related crimes, burglaries, graffiti, sex offenses, andtrespassing. While POP has becomea highly visible and utilitarian

policing philosophy, the use of theSARA problem-solving techniquehas contributed greatly to its effectiveness. However, this technique

impacts officer decision making.Because POP emphasizes solvinga problem as the dominant decision-making mode, officers attaining management positions must re-think their decision-making styleslearned earlier in their careers. Theymust consider that the appropriateness of different decision-makingstyles varies depending uponwhether officers are responding tocalls or solving problems.

The applicationof POP to internaldepartmental

problems...has occurred

infrequently, yetits appropriateness

appears considerable.

The application of POP to internal departmental problems, in contrast to external community problems, has occurred infrequently, yetits appropriateness appears considerable. Although focusing on theend products of policing, the appli

cation of problem-oriented policingto internal matters proves promising and deserves a wider exploration. It would seem to follow that

if an agency can solve its internal problems more effectively, it canimprove its ability to solve externalcommunity problems as well.

Regardless of whether agencies ap ply problem-oriented policing toexternal community or internalmanagement problems, all levels oflaw enforcement personnel from

patrol officer to agency director will benefit from leadership development training focusing on thesuccessful application of the POPapproach.

Endnotes

1 Herman Goldstein, Improving Policing:A Problem-Oriented Approach, Crime andDelinquency 25 (1979): 236-258.

2 Herman Goldstein,Problem-OrientedPolicing(New York, NY: McGraw Hill, 1990),50-57.

3 Police Executive Research Forum,Problem-Solving Quarterly (Washington, DC).

4 POPNET lists 41 problems and issues thata problem-oriented policing approach hasaddressed: 911 abuse, alcohol-related crimes,assault/battery, auto theft, border problems,breaking and entering, burglary, calls forservice, campus security, code/zoningviolations, community decline, communitydissatisfaction, disturbance, domestic

disturbance, drag racing, drugs/narcotics, elderabuse, gangs, graffiti, health hazards, homicide,illegal dumping, juveniles, lack of communication, litter, loitering, noise, panhandling, peoplewith mental illness, prostitution, publicdrinking, public safety, robbery, sex offenses,stolen property, theft, traffic, traffic safety,transients/street people, trespassing, andvandalism.

5 John E. Eck, William Spelman, Diane Hill,Darrel W. Stephens, John R. Stedman, andGerard R. Murphy, U.S. Department of Justice,National Institute of Justice, and the PoliceExecutive Research Forum,Problem Solving:Problem-Oriented Policing in Newport News

(Washington, DC, 1987), 43-44.

July 2001 / 5


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Police Practice

Police on HorsebackA New Conceptfor an Old IdeaBy John C. Fine, J.D.

Modern policing emphasizes constructiveinteraction between law enforcement

cover with few people to rely on for assistance. Thehorse not only served as a constant companion for the

peace officer, but also as an ally.That image of an officer on horseback remains a

part of modern law enforcement. In the United Statestoday, more than 600 organized mounted police patrolunits form a visible pedestal and serve citizensthroughout their jurisdiction.1 These officers, liketheir predecessors on the frontier, still combat crimeand attempt to make the community they serve saferfor all its citizens and visitors.

One Departments Experience

Rockland County, New York is a 172-square milesuburban area 16 miles north of New York City, witha population of approximately 300,000. The RocklandCounty Sheriffs Office currently has 67 sworn full-time deputies in the police patrol division, includingsix full-time mounted deputies.

The mounted unit in Rockland County began in1963 as a group of volunteers who used their ownhorses. In the early 1970s, the unit gained part-timecertified police officers. In 1999, the sheriff ofRockland County obtained a grant to convert the part-time mounted unit to a full-time unit with six full-timeand four part-time deputy sheriffs and 10 county-owned horses.

Although the cost of purchasing and maintaininga horse is less than that of a patrol car, the sheriff

realized that a mounted unit could not serve for showonly (e.g., parades or public relations).2 To helpreduce crime throughout the county, the sheriffassigned the mounted deputies to the highest crimeareas of the county, which actually helped to reducethe crime rate as much as 90 percent.3 These mountedofficers continue to work closely with their moretraditional peers (i.e., in patrol vehicles) and theydevelop a strong liaison with local community leadersas well.

Mounted police work today has become morecomplicated than merely assigning a deputy to ridewithin the community. Police managers must ensuremounted officers receive adequate training, to includethorough training on the proper uses of the horse as a

partner and a tool to help complete their duties.Additionally, the horses also must receive obedience

officers and members of the public. Communitypolicing initiatives have served as a basis for anumber of enforcement innovations designed toincrease the patrol officers personal contact withcitizens. In an effort to get officers out of their patrolcars, some departments have either initiated, ex

panded or reinvigorated equestrian units to enhancecommunity policing efforts. An officer on horsebackinvites constructive community contact in its ownunique way.

Background

Folklore of the frontier lawman on horseback inthe American old west evokes an image of peace and

justice. These peace officers on horseback ensuredtheir townspeople security from exploitation and

banditry. The sheriff or marshal had a vast territory to

John C. Fine


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July 2001 / 7

training and learn how to remain calm through fires,smoke, gunfire, and even violent strikes fromdemonstrators.

Law enforcement managers in Rockland County

formed a team of retired and current mounted officersand created a police mounted school and curriculum.The New York State Division of Criminal JusticeServices adopted this program, which evolved into the

National Mounted Training Group. Instructors fromthis group travel across the country to train mountedofficers and horses in 1-week training sessions.

The Rockland Countys Mounted Unit operatesfrom a large, converted trailer in a rural section of thecounty, which includes anadjacent area with a stable andturnout areas for horses. A large

equestrian training field offersample space to train and exercisethe horses, and surroundingwoods provide additional trainingsites for such activities as searchand rescue.

The unit helps locate, control,and apprehend criminal suspects;manage crowds; assist with majorevent security; attend special

public appearances;neighborhood watch and areaschool programs. The high

vantage point of the rider,coupled with how quickly and easily the horses allowthem to negotiate difficult areas, such as crowdedstreets, proves their value as an operational asset tothe department. A few horses can move a large crowdthat normally would require 10 times the number ofofficers on foot.

Mounted units prove successful in crime prevention as well. The fact that a deputy on horseback has a

better view than a deputy on foot can provide ahelpful edge in many situations. Horses with mounteddeputies often exceed 10 feet in height and their

presence alone often can bring calm to an unruly orviolent situation or even prevent crimes from occur-ring. In their recent routine patrols, mounted deputiesin Rockland County have participated actively in avariety of calls ranging from stolen vehicles and

DWIs to disorderly conduct and domestic issues.The mounted deputies carry portable radios andmobile telephones to ensure coordination and team

policing and to remain in contact with their patrol

supervisor and dispatchers. The deputies must rely oncooperation from other officers and coordination

between agencies for the mounted patrols to remainsuccessful.

In addition to routine patrols, the increasedrapport with the public constitutes an added benefit ofmounted deputies from an agencys public relationsaspect. Mounted units in parades, at public events,or even while on patrol serve as excellent ways for

citizens to meet and appreciatetheir local law enforcement.Mounted deputies can visit

elementary schools and providescheduled tours of the stables tointerested groups.

Conclusion

In Rockland County, mountedpatrols have become an integralpart of community policing.Citizens often approach mounteddeputies to touch and talk aboutthe patrol horses. This curiositythat draws citizens toward thehorses allows the mounted

deputies to help establish liaisonand contact with the community. Mounted unitseffectively can handle crowd control and publicrelations activities, as well as perform many traditional policing duties (e.g., apprehending criminalsuspects). The mere presence of mounted officers alsocan deter crime, even more so than a marked policecar patrolling a neighborhood.

The concept of police on horseback has changedvery little since the days of the western lawman.Mounted sheriffs continue to recognize residents byname and offer citizens reassurance by patrolling thestreets. Today, enhanced with modern practices,communication, and technology, officers on horse-

back symbolize the original concept of Americanlaw enforcementthey provide protection, denoteauthority, and strengthen community involvement.

John C. Fine

and promote


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Mr. Fine, former Assistant Attorney General in charge ofNew Yorks Organized Crime Task Force, currently serves

as a lawyer in private practice.

Endnotes1 National Mounted Training Group, Sparkill, NY; for further

information, see http://www.nationalmounted.org/traininggroup.html;accessed 2/5/01.

2 Rockland County estimates that the purchase cost of one horse is

approximately $3,500 and the monthly cost to maintain each horse is$150.


ccording to final 1999 hate crime data inthe FBIs annual publicationHate Crime

Crime Data

1999 Hate Crime Statistics

Statistics, 12,122 law enforcement agencies in 48states and Washington, D.C. reported a total of7,876 bias-motivated criminal incidents to theFBIs Uniform Crime Reporting Program. Of theincidents, racial bias motivated 4,295; religious

bias was associated with 1,411; sexual-orientationbias accounted for 1,317; ethnicity/national originbias was the cause of 829; disability bias wasconnected with 19; and the remaining 5 incidentsresulted from multiple biases.

Reported hate crime incidents involved 9,301offenses (some incidents may include more thanone offense), 66.5 percent of which were classified as crimes against persons. Intimidation wasthe most frequently reported hate crime against

persons, as well as the most frequently reportedhate crime of all offenses measured, and accounted for 35.1 percent of the total. Addition-

ally, destruction/damage/vandalism, the mostfrequently reported crime against property,

A accounted for 28.5 percent of the total. Simpleassault and aggravated assault, both crimesagainst persons, comprised 19 percent and 12

percent, respectively, of all offenses.Seventeen persons were murdered in incidents

motivated by hate. Racial bias motivated 9 of themurders, and sexual-orientation bias and ethnicity/

national origin bias accounted for 3 deaths each.Two murders were motivated by religious bias.Collectively, the 12,122 agencies that partici

pated in the Hate Crime Data Collection Programin 1999 represented nearly 233 million UnitedStates residents, or over 85 percent of the nations

population. Though the reports from these agencies are insufficient to allow valid national orregional measure of the volume and types of crimemotivated by hate, they offer perspectives on thegeneral nature of hate crime occurrence.

Hate Crime Statistics, 1999, can be found on the FBIsInternet site at http://www.fbi.gov/ucr.htm.

3 Rockland County Sheriffs Department.


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Detecting

DeceptionBy JOE NAVARRO, M.A.,and JOHN R. SCHAFER, M.A.

The young mother leaned

back and cleared her throat.Her eyes teared and her

voice quivered as she explainedhow her baby disappeared. Herclasped hands trembled slightly andher feet pointed toward the door.Her demeanor appeared too sub

dued. Reluctant to call the mother aliar, the investigator asked her if shehad a reason to lie. She answered, Inever lie. My mother taught me always to tell the truth. The investigator had seen and heard enoughhe asked the woman to take a

polygraph examination. During the postpolygraph interview, thewoman confessed that she hadsuffocated her baby. Both her ver

bal and nonverbal behaviors had re

vealed the gruesome truth.From heated knife bladesacross the tongue to electric prods,

people have sought ways through-out history to test the truthfulness ofothers. Fortunately, researchers incriminology and psychology haveidentified verbal and nonverbal behaviors that detect deception in amore humane manner. Nonetheless,detecting deception remains a difficult task. In fact, multiple studieshave found that lie detection, like

a coin toss, represents a 50/50 proposition, even for experiencedinvestigators.1 Although detectingdeception remains difficult, investigators increase the odds for success

by learning a few basic nonverbaland verbal cues indicative of lying.

The FundamentalsLying requires the deceiver to

keep facts straight, make the storybelievable, and withstand scrutiny.When individuals tell the truth, they

Adobe Image Library

often make every effort to ensurethat other people understand. Incontrast, liars attempt to manage

others perceptions.2 Consequently,people unwittingly signal deceptionvia nonverbal and verbal cues.3 Unfortunately, no particular nonverbalor verbal cue evinces deception.4

July 2001 / 9


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Investigators abilities to detectdeceptive behavior depends largelyon their ability to observe, catalogue, and differentiate human be

havior. They must identify clustersof behavior, which cumulatively reinforce deceptive behaviors uniqueto the person interviewed.5 Investigators also should learn to formulate questions to facilitate behavioral observations. The moreobservations investigators make,the greater the probability of detecting deception. For the most part,family members and close friendsdisplay patterns of genuine open

ness. For inexperienced investigators, these behavioral patterns mayserve as a comparative reference forcontrast with deceptive behaviors.

The Interview Setting

The ideal setting for an inter-view places the interviewee in a

position where no obstacles, such

as tables or desks, block theinterviewers full view of thesubjects body. A large portion ofnonverbal behaviors emanates from

the lower body, not just from thehands and face. Feet that fidget or

point to the door communicate dis-comfort.6 If subjects sit behind adesk or table, officers should en-courage them to relocate. Deceiversoften use soda cans, computerscreens, and other objects, bothlarge and small, to form a barrier

between themselves and investiga-tors.7 Objects used in this mannercreate distance, separation, and par

tial concealmentbehaviors consistent with dishonesty.

The Eyes

Many investigators rely tooheavily on eye contact. Researchindicates that people, especiallyfrequent liars, actually increaseeye contact because they learned

Special Agent John R. Schafer isassigned to the FBIs Lancaster,California, resident office and alsoserves as a member of the FBIsNational Security DivisionsBehavioral Analysis Program.

Special Agent Navarro serves inthe FBIs Tampa, Florida, officeand also serves as a member ofthe FBIs National SecurityDivisions Behavioral AnalysisProgram.

that investigators often gaugeveracity by strong eye contact.8

Nevertheless, eye aversion duringdifficult questions, as opposed

to benign questions, can depictdistress.

Eyes do not just see, they communicate when the brain conductsinternal dialog, recalls past events,crafts answers, or processes information. Eyes also serve as a blocking mechanism, much the same wayas folded hands across the chest orturning away in disagreement.When people hear or see somethingthey disagree with or do not fully

support, their eyelids tend to closelonger than a normal blink. This automatic response occurs so quicklythat most extended eye closures gounnoticed. By cataloging a persons

baseline eye responses duringnonstressful conversation, investigators can compare the eye responses with those during criticalquestions.

Hand or finger movement to theeyes usually follows a prolongedeye closure, further blocking out

auditory or visual stimuli. Addition-ally, individuals who struggle withan idea or concept often blink theireyes rapidly. Rapid blinking oreyelid flutter signals a sensitivetopic.9 Officers carefully should observe the speakers eyes, which canalert to the possibility of deception.

Head and Body Movements

Head movements should comport with verbal denials or affirmations. For example, an inconsistenthead movement occurs whenindividuals say, I did not do itwhile their head subtly nods affirmatively. Investigators often miss



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inconsistencies between the spokenword and nonverbal behavior.10

When people feel comfortable,they tend to mirror the head move

ments of the person with whomthey converse. An unwillingness tomirror the investigators headmovements or other gestures couldindicate discomfort, reluctance tocooperate, or, possibly, deceit.11

Truthful people tend to leanforward as they converse; liars tendto move away.12 Therefore, ifspeakers lean backward when telling their version of events, the statement likely involves some decep

tion or reluctance to provideinformation.

Mouth and Breathing

People who attempt to concealinformation often breathe fastertaking a series of short breaths followed by one long deep breath.13

This irregular breathing pattern cantip investigators to speakers in-creased anxiety levels. Addition-ally, stress often causes a drymouth, resulting in repeated clear

ing of the throat, cracking of thevoice, or jumping of the Adamsapple (laryngeal cartilages).14 Like-wise, a tense mouth with pursed lipsmay represent extreme distress andsignify that speakers literally re-strain themselves emotionally, ver

bally, and physically.

Hands and Arms

Confident people usuallyspread out in an area. Less secure

people tend to occupy less space,fold their arms, and interlock theirlegs.15 Similarly, a person whoselips, hands, or fingers tremble orwho hides their hands may exhibit

low confidence, although thesecharacteristics do not guaranteedeception.

A liar rarely points a finger or

emphasizes with hand gestures.16Finger pointing or hand movementsexude confidencequalities liarsusually lack. The finger-pointingcue usually does not apply to actorsor politicians because they trainthemselves to appear confident during public appearances. Also, liarsrarely display steeplingfingertipstouching each other forming a triangle with both hands, which, sym

bolically, represents assurance of

thought or position.

17

The moreobservationsinvestigators make,

the greater theprobability of

detecting deception.

Liars often slouch in chairsfeigning comfort. Liars mayevenyawn repeatedly reinforcing the ap

pearance of relaxation, even boredom. In addition, yawning duringstressful situations or spreading outon a couch or chair when circumstances call for tension and discomfort portends deception.18

Liars often keep their handsmotionless and draw their armsclose to their bodies into a positionas if flash frozen. In many cases,

speakers knuckles turn white asthey clutch the armrest.

Verbal Cues

Liars prefer concealing thetruth rather than fabricating an entirely fictitious story.19 With concealment, the liar only needs toavoid revealing untrue informa-tion.20 In other words, the liar conveys the truth up to the event hewants to hide. At this point, the liaruses a text bridge to gloss over theconcealed activity.21 After crossingthis sensitive area, the liar againrelays the truth. The use of text

bridges alerts the investigator toa topic that may require closerexamination.

Text bridges enable the speakerto fast forward through time connecting salient events without discussing the included activities. Forexample, if a man says, After Itook a shower, I ate breakfast. Thelistener assumes that the man disrobed, turned on the water, got intothe shower, washed his body withsoap, rinsed the soap off his body,

shampooed his hair, rinsed his hair,turned off the water, got out of theshower, and dried himself with atowel. Someone reluctant to tell thetruth often uses this same techniqueto gloss over sensitive topics. Forexample, a person reports the following: I left the house to go towork, and when I returned home, Ifound my wife lying in a pool of

blood. The text bridge when I re-turned home... should alert investigators to missing information. Investigators should examine, indetail, the mans activities from thetime he left the house until the timehe returned. The interview should

July 2001 / 11


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not proceed until the speaker adequately explains his activities.Some commonly used text bridgesinclude I dont remember..., the

next thing I knew..., later on...,shortly thereafter..., after-wards..., after that..., while...,even though..., when...,then..., besides..., consequently..., finally..., how-ever..., and before....

Stalling tactics, such as askingthe investigator to repeat the question, provides additional time fordeceivers to think up an appropriateanswer. Liars typically ask investi

gators to repeat questions withoutrealizing that honest conversationsdo not require the restatement ofquestions.22 Other stalling phrasesinclude It depends on what youmean by that, Where did you hearthat? Wheres this informationcoming from? Could you be morespecific? or How dare you ask mesomething like that.23 The phrasesWell, its not so simple as yes orno, or Thats an excellent question, also provides speakers with

additional time.Research shows that guilty

people often avoid using contrac-tions.24 Instead of saying, It wasntme, liars will say, It was not me,to ensure the listener clearly hearsthe denial. Additionally, liarseuphemize to avoid reality.25 Like-wise, responses such as, I wouldnever do that, Lying is belowme, I have never lied, or Iwould never lie, or, I would neverdo such a thing should alert investigators to the possibility of deception. Other statements such as: to

be perfectly frank..., to be honest..., to be perfectly truthful...,

or I was always taught to tell thetruth, often intend to deceive.

Making a positive statementnegative provides the liar with the

quickest, easiest answer to an accusation. For example, the investigator asks, Did you steal themoney? The person responds,No, I did not steal the money. Theguilty person responds quickly toavoid the impression of a delayedanswer.26 A variation of this technique occurs when a person answers yes or no immediately,

but the explanation comes moreslowly because the liar needs time

to construct an answer.

27

...people havesought waysthroughout history

to test thetruthfulness of

others.

Deceptive people rarely includenegative details in their explanationof events, unless, of course,thestory concerns delayed or canceledplans.28 Truthful people referencethe negative as well as the positiveevents in their stories.

Silence makes many people un-comfortable.29 Liars usually continue speaking until they confirmthat the listener accepts their version as the truth. If investigatorsstare patiently in silence unconvinced, the deceitful person likelywill reveal information, not in

response to questions but rather tofill the silence.

Conclusion

Investigators who learn androutinely employ basic nonverbaland verbal skills during interviewsgain valuable insights into the veracity of the person interviewed;however, if unpracticed, these skillsdeteriorate over time. The moreskilled behavioral observations investigators make, the more accurately they can form an opinion as tothe truthfulness of the speaker.However, no matter how skilled theinvestigator, the fact remains thatno particular nonverbal or verbal

behavior, in and of itself, indicatesdeception.

Investigators cannot preventpeople from lying but, at least, theycan observe and catalog behaviorsthat indicate, but do not necessarilyconclude, deception. The only certain method of discerning the truthrelies on the corroboration of theknown facts independent of the in-formation provided by the person

interviewed.30

Endnotes1 Paul Eckman, Telling Lies: Clues to

Deceit in the Marketplace, Politics, and

Marriage (New York: W. W. Horton and Co.,1985), 287 citing M. O. Sullivan, P. Eckman,and W. V. Friesen,Journal of NonverbalBehavior12 (1988): 203-15.

2 David J. Lieberman,Never Be Lied toAgain (New York: St. Martin Press, 1988), 41.

3 Sigmund Freud,Fragments of an Analysisof a Case of Hysteria-Collected Papers V. 3

(New York: Basic Books, 1905), 94.4 Supra note 1, 80.5 Supra note 1, 80.6 David Lewis, The Secret Language of

Success: Using Body Language to Get What

You Want(New York: Galhad Books, 1955),221.

7 Ibid., 169



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8 R. E. Exline, J. Thibaut, C. B. Hickey, andP. Gumpert, Visual Interaction in Relation toMachiavellianism and an Unethical Act, citingR. Christie and F. L. Geis, eds., Studies inMachiavellianism, (New York, NY: Academic

Press, 1970), 53-75.9 David G. Givens, The Nonverbal

Dictionary of Gestures, Signs, and Body

Language Cues (Spokane, WA, Center forNonverbal Studies, 2000), available fromhttp://members.aol.com/nonverbal2; accessedNovember 17, 2000.

10 Supra note 1, 289.11 Gordon R. Wainwright, Teach Yourself

Body Language (London: Hodder Headline,1985), 37.

12 Supra note 2, 23.13 Supra note 2, 54.14 Supra note 2, 54 and note 9.15 Supra note 2, 14.16 Supra note 2, 24.

17 Supra note 2, 198.18 Bella M. DePaulo, Nonverbal Behavior

and Self-preservation, Psychological Bulletin111, no. 2 (1992): 214.

19 Supra note 1, 29.20 Supra note 1, 20.21 The term text bridges was coined by the

authors; however, the concept of missinginformation was developed by Avinoam Sapir,The L.S.I. Advanced Workshop on Scientific

Content Analysis (SCAN), (Phoenix, AZ,Laboratory for Scientific Interrogation, 1992)ii.

22 Supra note 2, 49.23 Supra note 2, 46.

24 Supra note 2, 30.25 Supra note 2, 28.26 Supra note 2, 28.27 Supra note 2, 35.28 Supra note 2, 43.29 Supra note 2, 31.30 J. Reid Meloy, The Psychology of

Wickedness: Psychopathy and Sadism,Psychiatric Annals 27:9 (September 1997):630-33.

July 2001 / 13

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 on

contemporary law enforcement issues. Wewelcome your comments, questions, andsuggestions about the magazine. Please

include your name, title, and agencyon all e-mail messages.

Also, theBulletin 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


15/35

Bulletin Reports

Vietnamese Youth Gang Involvement

A study in the city of Westminister in Orange County, California, funded by the Office of JuvenileJustice and Delinquency Prevention (OJJDP), examined factors related to gang involvement by Vietnamese American youth. This Fact Sheet summarizes findings from the studys final report, Cultural

Explanations for Vietnamese Youth Involvement in Street Gangs.Research indicated that noncultural explanations are more predictive of gang involvement than

cultural explanations. Contrary to popular belief, the study found that Vietnamese youth who rejecttheir Asian identity and find it difficult to adopt an American identity are not more likely than otherVietnamese youth to become involved with gangs. The results of this study did not support the beliefthat gang involvement is a way for youth to obtain an identity when it is difficult to obtain it throughfamily and social environments. In fact, the study did not fully support any of the cultural ornoncultural hypotheses. Instead, researchers identified two main factors that predict Vietnamese youthgang involvement: progang attitudes and exposure to gangs in the neighborhood. Four predictors werefound to influence the development of progang attitudes: negative school attitude, family conflict, poor

social integration (i.e., a generalized sense of alienation), and perceived benefits of gang membership.These findings suggest that while services focusing solely on cultural identity issues may have

benefits, they will not be effective in preventing or reducing gang involvement by Vietnamese youth.Instead, services should focus on improving youth attitudes about school, reducing feelings of alienation, and modifying perceptions that gangs are beneficial to their members. Furthermore, services will

prevent gang involvement if they address family conflict and provide some buffer against the influenceof neighborhood gangs.

The final report, Cultural Explanations for Vietnamese Youth Involvement in Street Gangs (pre-pared under OJJDP grant number 95-JD-FX-0014), is available on-line from the Juvenile JusticeClearinghouse at http://www.ojjdp.ncjrs.org/pubs/gang.html#180955 or by telephone at 800-638-8736.

Victim Issues for Parole Boards

Victim Issues for Parole Boards, a videotape and discussion guide produced by the Office ofJustice Programs, shares the perspectives of victims and parole board members about the value ofvictim participation in the parole decision making process. It features examples of how several stateshave made special efforts to increase victim participation. The videotape also addresses how parole

board members can remain objective and strike a balance between the victims input and desires andother available and relevant information. It is designed to help parole board members recognize theconcerns of crime victims in the parole process; understand how parole boards can benefit from victim

participation; and determine the balance required among the needs of inmates, victims, and the community. For copies of this discussion guide (NCJ 180109) and additional information, contact the Office

for Victims of Crime Resource Center at 800-627-6872 or access its Web site at http://www.ncjrs.org.



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Assessing Alcohol, Drug, and Mental Disorders inJuvenile Detainees provides information on a study ofdelinquent youth called the Northwestern Juvenile Project(NJP). Mental health professionals believe that a high

percentage of youth involved in the juvenile justice systemhave alcohol, drug, and mental (ADM) disorders, but littleempirical data exist to support their contention. Since 1995,

NJP researchers have been examining ADM disordersamong delinquent youth held in Chicagos Cook CountyJuvenile Temporary Detention Center. A longitudinalcomponent, funded in part by the Office of Juvenile JusticePrevention, was added to this study in November 1998.This Fact Sheet describes the goals and current status of the

NJP, suggests some preliminary findings, and discussestheir implications for the juvenile justice system. To obtaina copy of this Fact Sheet, contactthe National Criminal JusticeReference Service at 800-851-3420or access its Web site at http://www.ncjrs.org.

Juvenile Justice

Eyewitness Evidence

Eyewitness Evidence: A Guide for Law Enforcementproduced by the National Institute of Justice presentsinformation for the collection and preservation of eyewitness evidence. It represents a combination of the bestcurrent, workable police practices and psychologicalresearch. The Guide describes practices and proceduresthat, if consistently applied, will tend to increase the overallaccuracy and reliability of eyewitness evidence. While notintended to state legal criteria for the admissibility ofevidence, the Guide, instead, sets out rigorous criteria forhandling eyewitness evidence that are as demanding asthose governing the handling of physical trace evidence.In short, it outlines basic procedures that officers can useto obtain the most reliable and accurate information fromeyewitnesses; it is not meant as a substitute for a thoroughinvestigation by law enforcement personnel. For a copy ofthe Guide (NCJ 178240), contact the National CriminalJustice Reference Service at 800-851-3420 or access its

Internet site at http://www.ncjrs.org.

Bulletin Reportsis an edited collection

of criminal justice studies, reports, andproject findings. Send your material forconsideration to: FBI Law EnforcementBulletin, Room 209, Madison Building,FBI Academy, Quantico, VA 22135.(NOTE: The material in this section isintended to be strictly an informationsource and should not be considered anendorsement by the FBI for any productor service.)

July 2001 / 15


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Police Pursuitsand Civil LiabilityBy CHRIS PIPES and DOMINICK PAPE, M.S.

As many as 40 percent of allmotor vehicle police pursuits end in collisions1 and

some of these result in nearly 300deaths each year of police officers,offenders, or innocent third partyindividuals.2 Because many police

pursuits result in accidents and injuries, agencies and officers becomesubjects of civil lawsuits. Initiatedin state or federal courts, these law-suits have resulted cumulatively incase law that directs law enforcement agencies to develop pursuit

policies. The U.S. Supreme Courtrecently issued a ruling that haschanged the threshold of negligence

before an agency or officer can be held liable, which will impact

police agencies across the UnitedStates.3

Because of the critical nature of police pursuit situations, chief executive officers (CEOs) of law enforcement agencies must establishan appropriate policy governing theactions of their personnel duringsuch incidents. In doing so, CEOsfirst must consider the constraintsand allowances set forth by stateand federal statutes and court decisions applicable within their jurisdiction. They must create a policy

that balances the need to apprehendoffenders in the interests of justicewith the need to protect citizensfrom the risks associated with police pursuits. Additionally, the

policy must protect the financial interests of the community basedupon potential losses of taxpayerdollars following successful litigation against the agency as a result oflaw enforcement actions deemed in-appropriate by the courts. Adoptinga policy similar to that of anotheragency does not easily resolve theCEOs dilemma because a varietyof philosophies exists among the

pursuit policies of law enforcementagencies. U.S. federal courts havereviewed numerous police pursuit

cases using different standards ofconduct and the courts routinelyhave reviewed the agencys pursuit

policy before rendering a decision.The policy, or lack of same, could



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impact the outcome of a civilaction.

LITERATURE REVIEW

The published literature regarding police pursuit is voluminous,and individual studies focus on avariety of elements associated withthe issue.4 Some experts categorize

pursuit policies as either restrictiveor judgmental where, in the formercase, the officer may only pursuegiven the existence of certain well-defined criteria, or, in the latter,where the officer may decidewhether or not to pursue based upon

certain factors.

5

Other experts prefer to label judgmental policies asdiscretionary, and further subdividerestrictive policies into two categoriesrestrictive and discouraging.6

They define a restrictive policy asone that places only certain restrictions on the judgments of officers,and a discouraging policy as onethat severely cautions against or

prohibits pursuits except in extremecircumstances.7

One study discussed four fac

tors that police officers and supervisors must consider when making thedecision to pursue or to continue orterminate pursuit: the nature of theviolation (e.g., traffic offense,felony); the characteristics of thearea (e.g., freeway, commercial,residential); traffic conditions (e.g.,congested or not congested); andweather conditions (e.g., wet ordry).8 Among both officers and su

pervisors, the nature of the offenserepresented the most importantvariable involved in the decision to

pursue, followed by the level oftraffic congestion.9 The study focused on the attitudes of the officers

and supervisors independent ofthe actions that those individualsactually took in observance of policies in conflict with their personal

beliefs.10Other research describes the at

titudes of the public with regard to police pursuit and some concludethat the public overwhelmingly sup-

ports pursuits for serious criminaloffenses.11 The data also suggestthat public support for police diminishes proportionate to the seriousness of the offense, especially whenthe public is educated about thedangers of pursuit.12

Another study used datagleaned from interviews withprison inmates that attempted to de-scribe attitudes toward police pursuit from the offenders perspec-tives.13 These findings concludedthat the average individual whomakes the decision to flee is a malein his mid-20s, and that few differences exist between the thoughtsgoing through the minds of thoseoffenders who eventually escaped

and those who law enforcementcaptured.14

Lawsuits stemming from police pursuits allege civil rights viola

tions pertaining to Title 18, Section1983, U.S. Code. Traditionally,suits allege violations of the Fourthand Fourteenth Amendments. Po-lice pursuits relate to the FourthAmendment as to the citizensrights against unreasonable seizures. The Fourteenth Amendmentrelates to citizens right to treatment

by governmental entities that is fundamentally fair.

DISCUSSION

Relevant Court Cases

Brower v. County of Inyo

The respondents in this case,which involved the use of policeroadblocks to stop a fleeing vehicle,allege the police acting under colorof law, violated Browers FourthAmendment rights by effectingan unreasonable seizure using excessive force. Specifically, the

Commander Pipes serves withthe Odessa, Texas, PoliceDepartment.

Special Agent Pape serves withthe Florida Department of LawEnforcement.

July 2001 / 17


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complaint alleges that respondents placed an 18-wheel truck com pletely across the highway in the path of Browers flight, behind a

curve, with a police cruisers head-lights aimed in such fashion as to

blind Brower on his approach.15

The U.S. Supreme Court ruled infavor of Brower, which led many

police agencies to restrict the use ofroadblocks to stop fleeing vehicles.In its brief, the U.S. Supreme Courtidentified to the law enforcementcommunity its interpretation of aseizure as it pertains to police pursuits. Brower v. County of Inyo

states a seizure occurs when thereis a governmental termination offreedom of movement throughmeans intentionally applied.16

Brower v. County of Inyo concerns an instance in which policeactivity brought about an intendedresult. The courts have rejectedFourth Amendment claims whenaction by the police during a pursuit

brings about unintended results.Thus, third-party victims are notable to bring Fourth Amendment

claims alleging unreasonable seizure arising from an action taken by

police.

City of Canton, Ohio v. Harris

In its ruling in City of Canton,Ohio v. Harris, the U.S. SupremeCourt dealt with another arena thatdirectly affects law enforcementagencies and the duty to train em-

ployees.17 Although this case didnot involve a police pursuit, manysubsequent cases involving pursuitsmention it. The Court held that theinadequacy of police training mayserve as the basis for 1983 liabilityonly where the failure to train

amounts to deliberate indifferenceto the rights of persons with whomthe police come into contact.18

Galas v. McKeeThe U.S. Court of Appeals for

the Sixth Circuit examined the issueof whether police agencies can use

police pursuits to apprehend trafficviolators. In Galas v. McKee, thecourt reviewed a case based in

Nashville, Tennessee involving thepolice pursuit of a 13-year-old traffic violator.19 On March 16, 1983,Officer McKee of the Metropolitan

Nashville-Davidson County Police

As many as40 percent of allmotor vehiclepolice pursuits

end in collisions....

Department, observed a vehicle exceeding the speed limit. OfficerMcKee gave chase, which, attimes,reached 100 miles per hour, on a

police motorcycle. The pursuit culminated when the vehicle left theroad and crashed. The driver sustained serious and life-long injuries.The district court ruled in favor ofthe police officer and the police de

partment. The parents of the driverappealed the decision. The court ofappeals held the following: Weconclude that the minimal intrusionon a traffic offenders FourthAmendment right occasioned

by the officers participation in a

high-speed pursuit does not out-weigh a longstanding police practice which we consider essential toa coherent scheme of police

powers...the use of high speed pursuits to apprehend traffic violatorsis not unreasonable and, thus, notviolate of the Fourth Amendment.20 Clearly, officers may en-gage in high-speed pursuits as anacceptable method to apprehendtraffic violators. The court furtherreviewed the departments policyconcerning traffic violators and police pursuits and held that, The

policy provides, at most, that offic

ers may pursue, that is, follow, suspects. The policy of following traffic offenders who refuse to obey anofficers directive to pull to the sideof the road does not infringe on theright to life.21 This court affirmedthe use of police pursuits to capturetraffic violators.

Fagan v. City of Vineland

The U.S. Court of Appeals forthe Third Circuit inFagan v. City ofVinelandreviewed a police pursuit,

which resulted in the injury of several persons and the death of threeothers.22 The court argued this caseonce, and then chose to reargue thecase again to review the standardapplied to police pursuits. OnMarch 6, 1988, an officer with theCity of Vineland, New Jersey, Po-lice Department was on patrol whena vehicle with a t-top roof drove by.The car, which held several passengers, was not speeding, but a passenger in the vehicle was standingup through the roof. The officer in-tended to stop the vehicle to issue awarning concerning the personstanding up and hanging out of the



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roof. At this point, no violation orcrime had occurred. When the officer activated his overhead lights tostop the vehicle, it began to pull

away from the officer at speeds be-tween 35 and 40 miles per hour. Thevehicle failed to stop at several stopsigns and began to increase inspeed. A sergeant was notified andcould have terminated the pursuit.In fact, the sergeant requested thatthe dispatch center contact the officer to find out why the officer was

pursuing the vehicle. The officernever responded. The vehicle thenincreased its speed to between 70

and 80 miles per hour. Another officer attempted to block an intersection but the vehicle continued pastthe officer. The vehicle ran a redlight and collided with a pickuptruck resulting in a major crash.Two occupants in the pickup truckand one in the vehicle the officerhad pursued were killed.

A federal civil lawsuit was initiated against the officers and theVineland Police Department, including the chief of police. The

plaintiffs argued that the City andPolice Chief violated section 1983and the Fourteenth Amendment byfollowing a policy of not properlytraining and supervising policeofficers in the conduct of highspeed pursuits, and by followinga policy of not enforcing the pursuit guidelines.23 The lower courtruled in favor of the city and the

police officers. The appeals court in Fagan v. Vinelandreversed the judgment against the city stating,A municipality can be liableunder section 1983 and the Fourteenth Amendment for failure totrain its police officers with respectto high speed automobile chases,

even if no individual officer partici pating in the chase violated theConstitution.24

The complete Third Circuit re-

argued the case under Fagan v.Vineland on only one issue.25 Theissue dealt with the legal standard to

be applied to police pursuits. Themajority ruled that the appropriatestandard describes police behaviorthat shocks the conscience. Thedissenting opinion called for alesser standardreckless or callous indifference. This latter standard, of course, represents a muchlower threshold. The dissenting

Mark C. Ide

opinion was extensive in attemptingto justify this lower standard in police pursuit cases. The majority,however, concluded that the policeconduct in this case did not shockthe conscience and ruled in favorofthe police.

State courts have applied different standards in reviewing police

pursuit cases. The Appellate Courtof Illinois inNelson v. Thomas26 andUrban v. Village of Lincolnshire27

referred to wilful and wantonconduct. The Court of Appealsof Georgia in Wilson v. City of

Atlanta28 and Thompson et al.v. Payne29 considered whether,officers act of pursuing suspectsvehicle was performed with requi

site regard for safety of all persons.The District Court of Appeals ofFlorida in Porter v. State Department of Agriculture asked ifdefendants conduct creates fore-seeable zone of risk that posesgeneral threat of harm to others andwhether it was foreseeable thatdefendants conduct would causespecific injury that actually occurred.30 Clearly, prior to Fagan,federal courts had no clear direction

from state courts in defining thestandard by which to judge policebehavior during pursuits.

County of Sacramento v. Lewis

In the U.S. Supreme Court decision in County of Sacramento v.

Lewis,31 the Court has clarified thefederal standard that must be met by

plaintiffs who allege police misconduct during vehicle pursuits. TheCourt held that the issue in thiscase is whether a police officer vio

lates the Fourteenth Amendmentsguarantee of substantive due process by causing death through de-liberate or reckless indifference tolife in a high speed automobilechase aimed at apprehending a sus

pected offender. We answer no, andhold that in such circumstancesonly a purpose to cause harm unrelated to the legitimate object of arrest will satisfy the element of arbitrary conduct shocking to theconscience, necessary for adue process violation.32

On May 22, 1990, SacramentoCounty sheriffs deputies responded to a call regarding afight. After handling the call, a

July 2001 / 19


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motorcycle with a driver and a passenger approached the officers at ahigh rate of speed. The officers at-tempted to stop the motorcycle, but

the driver chose to flee. A high-speed pursuit commenced with thevehicles reaching speeds of 100miles per hour in a residentialneighborhood. The pursuit endedwhen the motorcycle crashed. Unable to stop, the police vehicle ranover the passenger, who died at thescene. The district court ruled infavor of the police. The court ofappeals reversed the decision basedupon the standard of deliberate in-

difference. That court based its decision, in part, on the fact that thedeputy violated his agencys general order concerning police pursuits. The Supreme Court held thatthe failure of the deputy to adhere tohis agencys pursuit policy was irrelevant. This ruling, in effect, hasgiven police agencies more protection from federal civil litigationgenerated by police pursuits.

Research and Review

of Several PoliciesFormal studies reflect that the

general public believes police pursuits remain necessary for the ap

prehension of persons suspected ofcommitting serious offenses, andthat the need for pursuit to captureany offender should be balancedagainst the risk of danger to the innocent public.33 These findings areconsistent with the directives setforth in nine pursuit policies re-viewed by the authors. Four of theagencies policies and the IACPmodel policy can be characterizedas judgmental, allowing pursuit forany offense as long as the danger to

the officers and public created bythe pursuit does not outweigh thenecessity to capture the offender.34

Three of the policies can be de-

scribed as restrictive, based uponAlperts definition35 allowing pursuits only in the cases of felonies(one policy) or in the case of seriousviolent felonies (two policies).36

One agency policy, of the WestMidlands Police of Birmingham,England,37 takes into account policedriver proficiency as indicated bylevel of completion of a hierarchyof available driving courses. De-

pending upon current conditions

and the seriousness of the offense,Mark C. Ide

drivers who obtain advanced driving grades may pursue. All otherdrivers may pursue only in the eventof serious, violent offenses.38

The Pennsylvania State Police,which has a pursuit continuumsimilar in many ways to the forcecontinua that are components ofmany department use of force policies, characterizes another novelapproach by an agency.39 ThePennsylvania State Police Continuum provides clear direction for

the consideration of supplementarytactics including the use of stopstrips, roadblocks, induced stops,rolling roadblocks, ramming, and

firearms.Apparently few, if any, studies

exist that attempt to determine if anoffender, in deciding whether or notto flee, takes into account any chase

prohibitions placed on officers bytheir agencys policy. Unfortunately, the often-heard argumentagainst a restrictive policy statesthat once the members of a community learn that a local agencys

policy prohibits pursuit except in

the event of felonies, officers willsuffer an increase in the number ofoffenders who choose to flee. Whilethe empirical evidence in supportof, or rebuttal against, this argumentis insufficient, the anecdotal evidence suggests that such policies donot result in a change in the numberof suspects who choose to flee.40

CONCLUSION

In County of Sacramento v.Lewis, the Supreme Court clearly

defined the standard to be met whenconsidering the liability of policeagencies associated with vehicle

pursuit. This standard is a muchhigher benchmark than previousrulings. However, this should notcause complacency.

Chief executive officers of every law enforcement agency must

promulgate a written vehicle pursuit policy that provides clear guidance for that agencys officers.Such policy should include, at mini-mum, statements that officers willnot continue pursuit once the risk ofdanger to the officer and public created by the pursuit exceeds the



22/35

potential danger to the publicshould the suspect remain at large.Also, officers assessing the dangermust consider the nature of the vio

lation committed by the offender, aswell as environmental conditionssuch as type of area, weather, andlevel of traffic congestion. Further,

based upon the characteristics ofthe particular agency, the area it en-compasses, and the people it serves,CEOs may desire to restrict pursuitto cases in which the offender has

been involved in serious offenses.Additionally, CEOs also must heedstate statutes and state-level court

decisions applicable within their jurisdiction. Finally, although civillawsuits likely will continue to befiled, CEOs can protect their agencies by proactively reassessing theiragencys pursuit policy and providing adequate training regarding the

policy and motor vehicle pursuit ingeneral.

Endnotes1 R. G. Dunham, G. P. Alpert, D. J. Kenney,

and P. Cromwell, High-Speed Pursuit: The

Offenders Perspective, Criminal Justice andBehavior, (March 1998): 30-45; C. Eisenbergand C. Fitzpatrick, An Alternative to PolicePursuits,FBI Law Enforcement Bulletin,August 1996, 16-19.

2 Supra note 1 (Eisenberg and Fitzpatrick).3 County of Sacramento v. Lewis at 118

S. Ct. 1708 (1998).4 The authors of this article reviewed pursuit

policies of eight agencies, as well as the modelpolicy of the International Association of Chiefsof Police (IACP). For an example of a modelpolice pursuit policy, contact the IACP NationalLaw Enforcement Policy Center, 515 NorthWashington Street, Alexandria, VA 22314-2357; telephone 800-THE-IACP; Web site:http://www.theiacp.org/pubinfo/.

5 G. P. Alpert, A Factorial Analysis ofPolice Pursuit Driving Decisions: A ResearchNote,Justice Quarterly, June 1998, 348-359.

6 H. Nugent, E. F. Connors, J. T. McEwen,and L. Mayo,Restrictive Policies for

High-Speed Police Pursuits, (Washington, DC:Institute of Law and Justice, Inc., 1988).

7 Ibid.8 Supra note 5.9 Supra note 5.

10 Supra note 4. All of the policies reviewedby the authors, as well as the model IACPpolicy, advised personnel of the environmentalfactors when making decisions related topursuit.

11 J. M. MacDonald and G. P. Alpert,Public Attitudes Toward Police PursuitDriving,Journal of Criminal Justice 26(1998), 185-194.

12 Ibid.13 Supra note 1, (Dunham, Alpert, Kenney,

and Cromwell).14 Supra note 1, (Dunham, Alpert, Kenney,

and Cromwell).15Brower v. County of Inyo, 109 S.Ct. 1378

(1989).16 Ibid.

CEOs can protecttheir agenciesby proactively

reassessing theiragencys pursuit

policy....

17 City of Canton, Ohio v. Harris, 109 S. Ct.1197 (1989).

18 Ibid. 19 Galas v. McKee, 801 F.2d 200 (1986).20 Ibid.21 Ibid.22Fagan v. City of Vineland, 22 F.3d 1296

(C.A. 3 1994)(en banc).23Fagan v. City of Vineland, 22 F.3d 1283

(1994).24 Ibid.25Fagan v. City of Vineland, 22 F.3d 1296

(1994).26Nelson v. Thomas, 668 N.E.2d 1109

(1996).27 Urban v. Lincolnshire, 651 N.E.2d 683

(1995).28 Wilson v. City of Atlanta, 476 S.E.2d 892

(1996).

29 Thompson et al. v. Payne, 453 S.E.2d 803(1995).

30Porter v. State Department of Agricul

ture, 689 So.2d 1152 (1997).31 County of Sacramento v. Lewis, S.Ct.

No. 96-1337 (1998); available from http://www.findlaw.com; accessed on November 7,2000.

32 Ibid.33 Supra note 11.34 Operation of Sheriffs Office Vehicles,

Erie County Sheriffs Office General Orders

Manual, (unpublished, 1990), 1-6; EmergencyVehicle Response/Pursuit, Marion CountySheriffs Office (unpublished, 1992), 1-10;Police Pursuits, Legal Intervention, Road-blocks, Pennsylvania Police Pursuit ReportingSystem, and Pursuit Analysis,PennsylvaniaState Police Department Directives, (unpublished 1996), 1-21; E. M. Sweeney, VehicularPursuit: A Serious and Ongoing Problem,Police Chief, January 1997, 16-21; VehicularPursuits, Washington State Patrol RegulationManual(unpublished, 1999), 50-58.

35 Supra note 5.36 High Speed Pursuits, City of Chester-

field Police Department General Orders

Manual, (unpublished, 1995), 1-5; VehiclePursuit, Stop, Emergency Response, andSurveillance Driving,Florida Department ofLaw Enforcement Policy Manual(unpublished,1999), 1-5; Emergency Vehicle Operation/Vehicle Pursuit, Odessa Police DepartmentGeneral Orders Manual(unpublished, 2000),1400-1406.

37 Pursuit Policy, West Midlands Police

Departmental Directives (unpublished, 1998),1-12.38 The number of the sample of agency

policies revealed here is not large enough tobe statistically valid as an indicator for whichtypes of policies are most prevalent, nationallyor internationally.

39 Police Pursuits, Legal Intervention,Roadblocks, Pennsylvania Police PursuitReporting System, and Pursuit Analysis,Pennsylvania State Police Department

Directives (unpublished, 1996), 1-21.40 Supra note 11.

This article represents the analysisand conclusions of the authors, whoare solely responsible for its content,and does not represent the positionof the Florida Department of LawEnforcement or the Odessa, Texas,Police Department.

July 2001 / 21


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nfortunately, when it comes to sleep, shiftworkers face the harsh reality that most

Research has shown that while sleep loss hasnegative effects on three basic areasmotor performance, cognitive function, and moodit has thestrongest effect on mood and weakest on motor

functions.3 Total deprivation of under 45 hours leftsubjects better able to cope with simple and brief testsof cognitive function. With partial deprivation,subjects did best on complex, short, cognitive tests,which suggests that attention span is the parametermost degraded by partial sleep deprivation. Allsubjects did better on shorter motor control testsversus longer ones.

Regardless of the level of deprivation, any lossof sleep can have varying effects on an individualsability to deal with common day-to-day situations. For

police officers, such episodes can have catastrophic

results, such as motor vehicle accidents, shootings,inappropriate use of force, or general improperattitudes.4

The Problem

Similar to other law enforcement agencies, managers at the Albuquerque, New Mexico, Police Department (APD) must contend with scheduling officerswho work the night, late afternoon, and evening shiftsfor daytime court appearances. Unfortunately, due tovarying schedules, attending court deprives officersof sleep. Oftentimes, officers who work the night shiftmay have four or five court appearances scheduled

throughout the day, which leaves little time for sleep,much less family life or social activity. Traditionally,court schedules revolve around the hours set by each

judge and the convenience of the offender. Althoughthe APD has made several attempts to offer alternatives, the problems still persist.5

A growing concern exists over sleep problemsrelated to shift work and the increased liability lawenforcement agencies face. The Wellness Unit of theAPD evaluated the impact of shift work on the swornmembers of its department. Shift work can have varying effects on the environmental, familial, social, andwork life of a police officer.

The Study

A private healthcare consulting firm, practicingprimarily in integrated lifestyle management and

The Effects ofSleep DeprivationBy Glory Cochrane, M.S.

Focus on Performance

Upeople do not function well when they work at nightand sleep during the day. Shift work upsets the intri

cate network of interrelated clocks and schedules thatkeep the human body functioning efficiently. Circadian rhythms, or a persons sleep/wake cycle, is onefactor that controls a persons internal network ofclocks and schedules. Some experts believe that if a

person disrupts this cycle, other routines (e.g., whena person gets hungry) also get off cycle.1

The average person gets 8 hours of sleep forevery 16 hours they are awake. Thus, individuals existin a daily equilibrium in which a relatively smallamount of sleep loss causes increased sleepiness.Continued reduction in sleep results in a larger sleep

debt and individuals can cope with this sleep deficit indifferent ways. When the sleep debt reaches a thresh-old where internal coping behaviors (e.g., the abilityto physically stay awake or alert) become over-whelmed, sleep will be imminent.2

Tom Molloy


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July 2001 / 23

pharmacology, designed and validated a sleep surveyfor the APD. Participants answers were based on aLikert-type scale.6 During the departments annualmandatory advanced training, the APD Wellness Unit

administered the instrument to identify the incidenceof sleep deprivation and how it affects its officers.

Of the 843 total sworn officers employed by theAPD, the unit received a response rate of approximately 54 percent (459), which consisted of 409 maleand 50 female officers ranging in rank from patrol-man second class to deputy chief. All sworn membersof APD work four 10-hour shifts with approximately10 different starting times. Rather than rotating shifts,APD officers bid for a shift every2 years, according to seniority.

Members of the Wellness Unit

assigned officers to one of threecategories based on the startingtime of their shift. The threecategories included officerswho began their shifts between6:30 a.m. and noon, 12:01 p.m.and 6 p.m., and 6:01 p.m. andmidnight.

In addition to regular workhours, officers can sign up eachmonth for contract duty forovertime pay.7 Currently, APDs

policy stipulates that officers

cannot work more than 40 hours of overtime during a2-week pay period. Therefore, in 1 week, an officercould work 40 regular hours, 40 hours of contractovertime, plus any regular overtime. However,tracking of the contract overtime has proven problematic for the APD. Because officers report overtimeseparately from their regular work hours, theirimmediate supervisors often find it difficult toaccurately calculate the number of hours an officeractually worked during a pay period. The officersimmediate supervisor must approve any contractovertime and hand deliver an approval slip to theindividual coordinating the contract overtime. How-ever, at no time does the contract overtime interfacewith an officers regular working hours. The contractovertime coordinator generates a monthly report ofovertime used; however, this usually occurs after a

supervisor can correct a problem. A recent review ofthe contract overtime report revealed that someofficers work as much as 16 to 21 hours during a24-hour period.

Findings

Except for the questions involving demographics,officers answered each question based on their own

perceptions. The consulting firm calculated the resultswith the findings from the sample with an error rateof plus or minus 5 percentage points at the 95 percentconfidence level.

Results indicated that fatigue proves prevalentamong APD officers with night shift personnel

suffering the most adverse effectsfollowed by the officers workinglate afternoon and evenings.Contrary to literature on sleepdeprivation, the results of thisstudy showed the sex of the officerwas not a factor.8 Survey administrators instructed officers toconsider questions that refer todaytime activities as whenevertheir day might be. Resultsshowed mandatory and voluntaryovertime hours worked by officersas the primary causes for fatigue.

Issues involving mandatory

hours affecting officers centered around court schedules, with night shift officers primarily affected.Voluntary overtime work mainly involved contractovertime.

Results of the survey raised numerous concerns.First, numerous officers from each shift indicated thatthey have driven drowsy at some point16 percentof night shift officers, 12 percent of swing shift, and2 percent of day shift. Fourteen percent of night shiftofficers reported very often having trouble remem

bering, compared to 10 percent of swing shift and5 percent of day shift. In addition, 11 percent of nightshift officers reported very often dozing off duringdaytime activities, versus 2 percent of swing shift and1 percent of day shift officers.

Night shift officers reported a greater degradationin their ability to easily handle minor irritation with

...any loss of sleepcan have varyingeffects on an

individuals ability todeal with common

day-to-day situations.


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8 percent reporting their ability as poor compared to 1percent of each of swing and day shift. This findingmay prove relevant to other studies that have reportedthat officers who work more overtime hours have a

greater number of complaints filed against them.9Results also indicated that the effects of fatigue

extend beyond the work environment to family andsocial life. Thirty-two percent of night shift officersrated their ability to accomplish things as fair to

poor, compared to 19 percent of swing shift and 13percent of day shift. Night shift officers also ratedtheir ability to enjoy family or social life muchworse than their peers working theswing or day shift. However,swing shift officers rated theirrelationship with their spouse or

partner as poor more often thanthe other shifts. More notable,night shift officers rated them-selves significantly lower in

physical aspects. When askedhow healthy you feel, 10

percent of night shift officersresponded poor, compared to 2

percent of day shift officers andnone in the swing shift. In addition, 10 percent of night shiftofficers rated themselves poor in the area of how theyfeel physically, compared to 1 percent of swing shift

officers and 2 percent of day shift officers.

Recommendations

Because of the negative effects of sleep deprivation over successive days and the greater liability fora police department and its city, managers mustconsider limiting the number of hours an officer canwork within a 24-hour period and setting a maximumlimit of hours per week.

Based on research conducted, police managersshould consider generating a guideline that limits thenumber of hours an employee can work to 16 hourswithin a 24-hour period.

Further, managers should consider

submit in conjunction with their regular timesheet to allow immediate supervisors to assess

and handle excessive overtime before it becomesa problem;

soliciting better cooperation from the districtcourts in devising better-suited court schedulesfor night shift officers;

offering classes that guide officers on how tocope with shift work, recognize and understandthe symptoms and effects of sleep deprivation,and avoid the problems associated with it;

ensuring classes and other opportunities (e.g.,training, firearms ranges, and physicals exams)

are available to officers workingthe night shifts;

shops (e.g., automobile, radio) to

remain open later to allow nightshift officers access either beforeor after their shift;

painted, clean, and bright, whichcan promote heightened alertness,

better moods, and increasedproductivity;

throughout the department offer

an assortment of healthy products (e.g., juice andlow-fat or natural snacks);

and swing shift employees to view them on theirregular shifts.

Conclusion

As with any law enforcement agency faced withproviding 24-hour service, scheduling and workingswing shifts remain commonplace. However, manymangers do not realize the hidden, potential problemsassociated with working these shifts.

Managers must recognize these risks and offeralternatives that can help employees become betteracclimated to shift work. Additionally, to help theiremployees better cope with such assignments, theymust help their personnel understand the causes,

...police managersshould consider

generating a guidelinethat limits the numberof hours an employeecan work to 16 hours

within a 24-hour period.

devising an overtime time sheet that officers must

allowing the department repair

keeping all work areas freshly

ensuring vending machines

increasing contact with night shift workers; and

videotaping mandatory meetings to allow night


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July 2001 / 25

effects, and cures of sleep deprivation resulting from working theseunnatural shifts. In doing so, policemanagers will ultimately provide a

safer environment for their department employees and the publicthey serve.

Endnotes1 M. Saborin, Asleep at the Switch,

Occupational Health and Safety (1998): 21-33.2 W. Dement, Catastrophic Sleep Episodes:

Why Do They Happen? (paper presented tothe Senate Appropriations Committee on theFindings and Recommendations of the NationalCommission on Sleep Disorders Researchers,Washington, DC, November 1992).

3 J. J. Pilcher, and A. Huffcutt, Effects of

Sleep Deprivation on Performance: A Metaanalysis, Sleep, no. 19 (4): 318-326.

4 For additional information of the effectsof shift work, see M. Simpson and S. Richbell,British Policing and the Ottawa Shift System:Easing the Stress of Rotating Shifts,FBI LawEnforcement Bulletin, January 2000, 19-26.

5 For example, the APD suggested assigninga full-time officer to handle the court scheduling, tried to set a primary court day for itsofficers, and requested evening or Sundaycourt.

6 The Likert technique presents a set ofattitude statements that asks subjects to expressagreement or disagreement typically based on afive-point scale. Each degree of agreement isgiven a numerical value from one to five. Thus,a total numerical value can be calculated fromall the responses.

7 Officers volunteer to work overtime fordepartment contra

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