FBI Law Enforcement Bulletin - May04leb

8/9/2019 FBI Law Enforcement Bulletin - May04leb

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8 Focus on TrainingSurviving Prisoner Searches

20 Book ReviewPolice Assessment Testing

Conducting SurveillanceOperations

By John T. Nason

Compstat DesignBy Jon M. Shane

Hiding in Plain SightBy Douglas A. Kash

1

The second portion of a three-partarticle on Compstat, an information-driven managerial process, addressesthe design of the model.

Preparation and attention to details canresult in a productive, safe surveillance.

12

Departments

ISSN 0014-5688 USPS 383-310

Features

25The Witness Security Program is acritical weapon in the war on crime.

22 PerspectiveThe Need for School

Resource Officers

United StatesDepartment of Justice

Federal Bureau of InvestigationWashington, DC 20535-0001

Robert S. Mueller IIIDirector

Contributors opinions and statementsshould not be considered an

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. Periodicals postage paidat Washington, D.C., and additionalmailing offices. Postmaster: Sendaddress changes to Editor, FBI LawEnforcement Bulletin, FBI Academy,

Madison Building, Room 201,Quantico, VA 22135.

Editor

John E. Ott

Associate Editors

Cynthia L. Lewis

David W. MacWha

Bunny S. Morris

Art Director

Denise Bennett Smith

Assistant Art Director

Stephanie L. Lowe

Staff Assistant

Linda W. Szumilo

This publication is produced bymembers of the Law Enforcement

Communication Unit, Training Division.

Internet Address

[email protected]

Cover Photo

Wayne Hertz

Send article submissions to Editor,FBI Law Enforcement Bulletin, FBIAcademy, Madison Building, Room

201, Quantico, VA 22135.

May 2004Volume 73Number 5


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May 2004 / 1

s the Hollywood detec-tive sits in his four-doorsedan, he downs numer-

Aous cups of coffee to stay awakeand occasionally speaks into atwo-way radio to other officersalso maintaining the same stake-out ritual. Then, finally, in thepredawn hours, the villainemerges from the location,playing right into the hands ofthe seasoned and street-smarthero who tails him to where

he commits a crime, takes ahostage, or retrieves somestashed contraband. Then, inaction-packed style, the detec-tive handles the entire situation,

bringing the case to a successfulconclusion.

While surveillances usuallydo not follow this scenario, thosewho have conducted such opera-tions will admit that participat-ing in a productive surveillancecan be a rewarding and, at times,an exhilarating experience. Sec-ond only to operating confiden-tial sources, surveillance is themost frequently employed inves-tigative technique in obtaining

arrests, indictments, and convic-tions for the FBI.

Unlike operating informants,however, conducting a surveil-lance requires using the team

concept. The considerable re-sources required for a surveil-lance draw personnel awayfrom other investigative func-tions, which can pose problems.Also, the potential exists foralerting the subject of the inves-tigation to law enforcementsinterest, which conceivablycould compromise the covert-ness of not only the surveillancebut the entire case. Preparationand some fine-tuning at the

onset can make the differencebetween having a productivesurveillance and expending ex-pensive resources and coming upempty-handed.

ConductingSurveillance OperationsHow to Get the Most Out of ThemBy JOHN T. NASON

Wayne Hertz


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2 / FBI Law Enforcement Bulletin

Law enforcement agenciesprimarily use surveillance to de-velop both intelligence and evi-

dence to further investigationsby identifying subjects, theiractivities, and their associates,along with their residences,places of business, hangouts, andother related locations. Surveil-lance also can identify potentialsources, corroborate source in-formation, provide security toundercover operatives, andgather data for site surveys. Inaddition, information obtained

from surveillance can providethe probable cause for obtainingauthorization for other investiga-tive techniques, such as searchwarrants and wiretaps.

PLANNING ANDPREPARATION

Once investigators decidethat surveillance is appropri-ate, their agencys policy will

determine what levels of authori-zation are needed and how toallocate the necessary resources

to the surveillance. Agenciesshould coordinate planned sur-veillances on a strict need-to-know basis.

At the onset, case managers,in conjunction with the physicalsurveillance, should consulttechnical services personnel toexplore the feasibility of em-ploying various measures, suchas the use of video concealments,remote video, or tracking de-

vices. Employing technical cov-erage or aircraft can function asforce multipliers and enhanceoverall effectiveness, which canmake the difference in obtainingproductive results.

Prior to initiating the surveil-lance, investigators should up-date subject information to en-sure that they have the mostcurrent available. For example,

a motor vehicle or utility checkand confidential source contactscan save a lot of wasted time

by revealing that the intendedsubject recently relocated or solda vehicle. All team membersshould receive pertinent details,easily contained on a preprintedform, to include

the case background;

the surveillance objective;

the subjects caution state-ment (e.g., armed anddangerous or known to

possess a firearm); the subjects previous

experience with surveillanceand whether the subjectappears surveillanceconscious; and

the subjects personal data(e.g., all descriptive datawith photo; criminal history;habits, such as martial artspractitioner or bodybuilder,

and associates; the vehiclesof the subject and associ-ates; and the locations ofresidences, work, andhangouts).

SURVEILLANCECOMPONENTS

Realizing that staffing con-straints often become an issue indetermining the amount of mem-bers available for a surveillance,

a team of six generally provesoptimal for a moving surveil-lance. Having a larger team re-duces the chance of losing thesubject and limits exposure of

Preparation andsome fine-tuning at

the onset can make thedifference between havinga productive surveillanceand expending expensive

resources and comingup empty-handed.

Special Agent Nason heads the FBIs Special Operations Group, Aviationand Surveillance Operations Section, Critical Incident Response Group.


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May 2004 / 3

individual team members, en-abling the surveillance to remainundetected.

Area Setup

Prior to setting up at a loca-tion, surveillance team membersshould hold an operational brief-ing to disseminate last-minuteupdates and to conduct a rollcall. Then, they should checktheir communications, includingprimary and alternate radio fre-quencies; review their proce-dures and assignments, ranging

from team leader to log keeper;and inspect their equipment andvehicles, including topping offfuel levels of all vehicles. Oneunit should conduct a site recon-naissance to assess the areain general and to specificallyidentify a location to set up theeye (i.e., the primary observa-tion point)or, if necessary,eyesand to determine the

likely routes of approach and de-parture, traffic patterns, and thelocation of bus stops and trainstations, as well as areas toavoid, such as known criminalhangouts.

Once the eye is in place withas unobstructed a view as pos-sible of the subject location, theother team members should po-sition themselves so they coverall potential departure routes.

They should minimize drivingby the location and congregatingin the area as these practices canalert the subject or the subjectsassociates to a law enforcement

presence. In addition, keepingthe radio volume low and con-cealing law enforcement equip-ment in vehicles can help teammembers remain undetected.

Mobile Surveillance

Once initial movement oc-curs, the eye calls out a descrip-tion of the subject, alwayskeeping radio transmissions asbrief as possible. Because either

surveillance detection or lossesof the subject generally occurshortly after initial movement,team members should remainalert and exercise extreme care atthis point. While time, distance,and conditions determine how

long any team member stayswith the subject, a rule of thumbis to maintain one or two ve-hicles between the team memberand the subject and hand off

Department two-way radio

Handheld portable radio with harness and fullycharged spare battery

Mobile phone

Still camera with telephoto lens, adequate supply offilm or other removable medium, and spare battery

Video camera with supply of tapes and extra battery

Stabilizing device, such as a portable tripod

Binoculars1 and portable infrared or thermal-imaging2

devices

Detailed road maps for the area

Compass or Global Positioning System receiver

Flashlight with extra batteries

Change of clothing with props, such as hats, to alterappearance and other personal items, includingtoiletries

Food and water in a cooler

Cash, including coins to use at toll lanes requiringexact change, and toll passes

Extra set of car keys

Towels and glass cleaner Equipment gear bag to hold above items

Surveillance Kit Checklist


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the subject to another team mem-ber after taking one turn.

If the subject is on foot oruses public transportation, teammembers designated as legsshould quickly exit and securetheir vehicles to assume footsurveillance. On foot, the teamadopts an ABC method, whereinthe primary eye rotates betweenteam members with at leastone team member on the oppo-site side of the street from thesubject.

Static Surveillance

In situations where the sur-veillance is static (i.e., immo-bile) or for mobile surveillancesthat become stationary, staffedvehicles parked on the street areeffective for a limited time only.

Once team members realize thata particular location will requiresurveillance for a protracted pe-riod, they should use specialtyvehicles, such as vans or other

utility vehicles, outfitted withclosed-circuit television orremote video.

Documentation and Logs

One team member maintainsa chronological log to documentobservations made collectivelyby the team. Once completed,each team member initials eachentry in the log, reporting obser-

vations they personally wit-nessed. The team leader reviewsit for accuracy; afterwards, theagency retains the original in theofficial file as evidence. Investi-gative personnel receive copiesin a timely manner for analysisand logical follow-up.

SURVEILLANCEPHOTOGRAPHY

In addition to the writtenlogs, still photographs and videofootage provide visual documen-tation of an occurrence and con-stitute the work product of a

surveillance. The mere existenceof photographs has resulted incountless jury convictions and

guilty pleas being entered,thereby saving prosecutors of-fices and law enforcement agen-cies months of trial preparation,as well as the trial itself. For thisreason, investigators shouldattempt to obtain the highestquality surveillance photographswhenever possible.

Digital VersusConventional

The conversion from con-ventional to digital photographyhas not posed any significantevidentiary problems to date.While it is common knowledgethat digital photography imagescan be easily manipulated,this also holds true whenusing conventional photography.However, a variety of authenti-cation methods can maintainthe integrity of a photo. Inaddition, adherence to an estab-lished handling procedure,such as the use of write-onceread-many (WORM) media,3

further reduces vulnerabilityfrom a legal challenge.

Still Versus Video

Which type of photos, still orvideo, is more desirable for sur-veillance purposes? If possible,

investigators should obtain bothbecause both have advantagesand drawbacks.

The overall picture qualityof still photos generally proves

Wayne Hertz


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May 2004 / 5

superior to video, even when ob-taining a freeze-frame. Addition-ally, telephoto lenses needed in

surveillance photography aremore readily available for stillcameras. And, individuals canview still photos more easilywithout the need for a monitor orVCR. A few rules can assistinvestigators in obtaining high-quality still photos.

Because most investigatorsare not professional photog-raphers, they should famil-

iarize themselves withthe features of a camerabefore taking it on asurveillance.

Prior to taking photos, theyshould clean the camera lensand vehicle windshield.

When taking photos from avehicle, they should turnoff the engine and film froma stabilized position using a

tripod or makeshift devices,such as the steering wheelor dash board with a towelor beanbag for support.

They should not delete anyphotos taken.

When photographing frombehind tinted glass, theyshould remember that theywill lose at least one f-stop(i.e., the function that

regulates the amount oflight coming through acamera lens).

To prevent being revealedfrom back lighting, they

should place a dark clothbehind them.

By contrast, video records

the action occurring and can beused in conjunction with audio.Video cameras are capable ofrecording multiple frames persecond and generally are easier

as rapidly expend batterylife; and

upon completion, label the

tape as the original andinclude their initials, time,date, and case identifier, aswell as slide or remove thewrite-protect tab to preventaccidental erasure and makecopies, labeling them assuch.

SURVEILLANCE RISKS

Investigators always shouldassume that subjects engaged inoperational, terrorist, or criminalactivity will attempt to detectsurveillance by employing a va-riety of methods and techniques.For example, as part of Al-Qaedaspecialized training, operativesare instructed to follow meticu-lous operational security. Tacticsinclude conducting dry runsprior to becoming operational,using secondary roads and public

transportation to flush out sur-veillance, and employing prear-ranged signals to communicatethe absence or presence ofsurveillance to other Al-Qaedamembers.

Criminal subjects, particu-larly drug violators and orga-nized crime figures, employ avariety of measures to detect sur-veillance, including the use ofneighborhood lookouts and tail

cars. During surveillances, par-ticipants must remain vigilantand alert to the possibility ofcountersurveillance techniquesbeing employed against them.

to operate than some of the high-quality still cameras. To obtain

quality footage when usingvideo, investigators should

set the video camera onmanual focus;

clean the lens and vehiclewindshield;

video continuously, mini-mizing camera movementand zooming;

activate the date and time

feature and ensure that thecorrect time and date aredisplayed;

use the eye piece as the LCDcan illuminate them, as well

During surveillances,participants must

remain vigilant andalert to the possibilityof countersurveillance

techniques beingemployed against

them.


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Of paramount importance,investigators must rememberthat many in their profession

have been assaulted, injured, andeven killed while performingsurveillance duties. For this rea-son, those involved in a surveil-lance must remain constantlyaware of potential safety haz-ards. A dangerous situation candevelop at any time, and investi-gators never should take itlightly. This becomes com-pounded when the surveillanceoccurs in a high-crime area and

in hours of darkness. Risk as-sessments should be carried outat every level on an ongoingbasis, which may result in thesurveillance being terminated.

SURVEILLANCETERMINATION

Often, the decision to termi-

nate a surveillance can prove asdifficult as the one to initiate it.Investigators should consider thefollowing factors when decidingwhether or not to terminate thesurveillance:

Assuming that the resourcesstill exist, do the presentcircumstances warrantallocation of these consider-able reserves at the expense

of other cases or investiga-tive functions?

Is the surveillance stillproviding intelligenceor evidence?

Considering that the longerduration of the surveillancecoverage increases the

likelihood of detection,does the potential for gainsoutweigh the increased riskof detection?

Would other investigativetechniques or technicalcoverage prove more appro-priate? After all, investiga-tors always can cut back orreinstitute the surveillanceif needed.

CONCLUSION

Surveillance is a valuableinvestigative tool and provessimilar to most other law en-forcement endeavors in that

During a mobile surveillance, do not take unnecessary risks to keep up with a subject

speeding, running red lights, or otherwise driving recklessly. While stationary, keep the vehicle windows closed and the doors locked.

Regularly scan rear view mirrors to observe anyone or any activity to the rear.

Alert other team members to any suspicious or unusual persons or activity in the area.

In high-crime areas and in hours of darkness, remain in a heightened state of alert.

Position vehicle to enable a rapid response to assist others if needed.

Ensure vehicle has emergency equipment lights, siren, and first-aid kit.

Keep identification, weapon, and ballistic vest assessable.

Know and use challenge, password, and other appropriate safety measures to prevent

friendly fire situation from developing. When leaving a vehicle to go on foot surveillance, fully secure the vehicle and

equipment inside.

Safety and Security Measures


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prior planning can go a long waytoward increasing the chanceof success. Because surveillance

is such a resource-intensiveoperation, it remains incumbentupon those overseeing suchefforts to ensure the efficientand effective use of such limitedresources.

A successful surveillance notonly can bring a case together butalso can prove one of the mostprofessionally and personally

fulfilling experiences in a lawenforcement officers career.Moreover, it can help law

enforcement professionals ac-complish their sworn duty ofpreserving the peace and safe-guarding the citizens of theircommunities.

Endnotes1 For additional information, see

Carlyle Poindexter, Surveillance Optics,

FBI Law Enforcement Bulletin, March

2001, 7-9.

2 For additional information, see

Thomas D. Colbridge, Thermal Imaging:

Much Heat but Little Light, FBI Law

Enforcement Bulletin, December 1997,

18-24.3 Any type of storage medium to

which data can be written to only a single

time, but can be read from any number

of times. WORM media have a signifi-

cantly longer shelf life than magnetic

media and thus are used when data must

be preserved for a long time. Retrieved

on December 15, 2003, from http://

wombat.doc.ic.ac.uk.

Clarification

S

May 2004 / 7

peared in the March 2004 issue requires clarifi-cation. On page 4, the author stated Minerals,especially small-sized ones, commonly areidentified using x-ray diffraction and spectro-

graphic techniques. Other instruments of valueto the forensic geologist exist, particularly thescanning electron microscope and the electronmicroscope. While x-ray diffraction is a usefultool in mineral identification, polarized lightmicroscopy is the primary technique used bytrained geologists in mineral identification.Forensic geologists in the FBI Laboratory havea number of other instrumental techniques attheir disposal that they use on a limited basisfor the identification of unknown inorganicmaterials. These include x-ray fluorescencespectroscopy, scanning electron microscopywith energy dispersive spectrometry,cathodoluminescence, and Fourier transforminfrared spectroscopy.

Also, on page 4, the suggestion that soilsamples be submitted in only plastic locking

bags or glass vials is problematic. Glass tendsto break during shipping, causing samplecontamination. There also are many otherappropriate sample containers that may be usedfor geologic evidence, the most preferablebeing those made of rigid plastic. Metal canis-

ters never should be used. Additionally, onpage 3, the author states the ...investigatorsshould ensure that they remove earth materialsfrom clothing...with extreme care.... Toguarantee the best preservation of geologicmaterials from clothing, the investigator shouldsubmit, if possible, the entire object to the FBILaboratory, allowing the geologists to removethe materials themselves. This ensures the labexaminer the best chance for preservation ofimportant structural information. For the mostup-to-date information on submitting geologicsamples, the investigator should refer to the

Handbook of Forensic Services, revised in2003 and available in both hard copy andonline at: www.fbi.gov/hq/lab/handbook/intro.htm.

ome of the information in GeologicMaterial as Physical Evidence that ap-


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wo officers arrested a suspect and securedhim in the back seat of their patrol ve-

Focus on Training

Cop 101Surviving Prisoner SearchesBy Todd Coleman

Thicle.

1

One officer stood beside the car while theother sat in the front seat to use the radio. Sud-denly, despite being handcuffed behind his backand belted into the seat, the suspect began shoot-ing at the officers with a .45-caliber handgunthat he had concealed in his waistband. Theofficer standing beside the vehicle died at thescene.

The chief of police in a small town arrestedan individual and recovered a handgun from himduring a search.2 After transporting the suspect toa holding facility, the chief turned her attention

from the suspect to make a phone call. Thesuspect pulled a second gun that he had con-cealed in a pouch in the front of his pants andshot the chief in the head, killing her.

Sadly, these represent only two out of themany actual incidents that cost law enforcementofficers their lives every year. While tragic, these

two deaths reveal a more distressing fact: they,like many others, could have been avoided. Forthe 10-year period 1993 through 2002, 20 officerswere killed while handling or transporting prison-ers.3 Although some incidents resulted fromprisoners overpowering and disarming the victimofficer, many others occurred due to weaponsmissed during incomplete searches of suspects.These numbers also do not include the nearmisses or could have beens that happen eachyear. A check with their local jail or holdingfacility about the number of weapons removed

from prisoners each year should give law enforce-ment officers something to think about. Theseweapons do not include a James Bond laser-beamwatch or something concealed in a hollowed-outboot heel. Rather, they involve a 9-mm or .45-caliber semiautomatic handgun stuffed in awaistband or a derringer, revolver, or otherhandgun hidden inside of a boot, pocket, orjacket. They are ordinary weapons that a thor-ough search would have discovered.

Although these tragic incidents happen all too

often, they can be avoided, or at least vastlyreduced, by paying attention to what I call Cop101. Simply put, Cop 101 stresses the impor-tance of reinforcing the basic survival skills oflaw enforcement and not neglecting these in thequest for more glamorous or exciting training. Itseems that we never practice or refresh some ofthe most important techniques in law enforce-ment after we leave the training academy. Forsome reason, these were deemed importantenough to be included during the academy, but,afterwards, they are viewed as too basic or simple

to merit additional training time. During training,we often pay a great deal of attention to elaborateself-defense training, tactical shooting, pursuitdriving, and a myriad of high-risk scenarios. All

Tony Whitmore


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May 2004 / 9

of these are extremely important, and I am inno way implying otherwise. However, a smallinvestment of time during training could pay

large dividends in the form of saving an officerslife. By taking a few minutes and incorporating asegment dedicated to proper prisoner searchesduring follow-up training, law enforcementagencies can reiterate their importance.

Use Existing Scenarios

Unfortunately, as those of us who have stoodin front of a group of less than enthusiasticofficers going through annualin-service training can attest,the idea of attending a class on

prisoner search techniques willnot be particularly well re-ceived, not to mention how itwill impact the limited amountof training time available forthe various topics of instructionthat we need to cover. How-ever, I have found that includ-ing prisoner searches in currentofficer-survival training canprove relatively painless. Forexample, if agencies use practical scenarios,which many do and training experts recommend,they can add a prisoner search at the end of anarrest scenario. In cases where instructors havescenarios set up where officers must subdue arole-player wearing some type of protectivesuit, they can have a second role-player nearbywearing regular street clothes and a concealedweapon. Instructors should alternate the type,number, and existence of a weapon on the roleplayer so that officers do not fall into the routineof looking for the ever-present training weapon.

After subduing the first role-player, officers canmove to the second one and continue with thearrest. At this point, they can practice prisonersearches as part of the scenario. If officers miss

the weapon, instructors should have them repeatthe scenario until they find any and all concealedweapons. This reinforces the importance that

their agency places on this skill. Moreover, byincorporating prisoner searches as part of theexisting training, instructors can avoid many ofthe obstacles of setting up and implementing anentirely new class.

Stress the Fundamentals

Instructors should stress the fundamentals ofa complete and safe prisoner search. If the sus-

pect is under arrest, thenofficers should conduct thesearch after handcuffing him.4

They always should handcuffthe suspect behind his backunless some definite reason,such as physical impairmentsor injury, exists.5 After hand-cuffing the prisoner, officersshould conduct the searchfrom a safe position, stayingbehind the prisoner at a 45-degree angle from his body.Officers should avoid placing

themselves in front of the prisoner because itmakes them vulnerable to kicks, knee strikes,head butts, spitting, biting, and other forms ofviolent behavior. From the rear, officers can useone hand to maintain control of the prisoner andkeep him off balance. Then, they can reacharound him to conduct the search. Officers shouldbe systematic during the search by sectioningthe body into quadrants. For example, the frontupper right quarter covers from the top of thehead down to the groin and across to the centerline of the body. The front lower right quarter

begins just above the belt of the right leg andcontinues completely down the right leg. Thequarters should overlap, ensuring that whenofficers search all of the quadrants, they will have

What an agency failsto train makes just asmuch of a statement

about its attitudetoward officer safetyas what it doestrain.


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overlapped areas and not omitted any. Theyshould pay special attention to places whereweapons are commonly found, such as the waist

area, boots, and clothing with multiple pockets.Officers also need to keep in mind othersafety issues. For example, they never shouldthrust their hands into the suspects pockets.Instead, they should lightly touch the outsidefirst, then squeeze and twist the pocket fromthe outside to lessenthe risk of cuttingthemselves on sharpobjects, such asneedles or exposedblades. If necessary,

they should slowlyturn the suspectspockets inside out,thus allowing them toremove sharp objectssafely. In addition,officers should carryextra brown paperbags in their vehiclesto hold these items.This avoids inadvert-

ently giving the pris-oner back an item that may contain some typeof undiscovered concealed weapon, such as amissed razor inside of a wallet. This also allowsofficers to go through each item at a more secureand possibly well-lit area and makes it easy todetermine if they missed something during a re-search of the prisoner. I encourage officers to takea few extra moments and conduct a re-search or,better yet, have a second officer do so. This helpsensure that the prisoner has been thoroughlysearched.

This leads to my final point: searching aprisoner when transferring custody to anotherofficer. Instructors should stress to officers thatthey should not be offended if another officerwho assumes custody of their prisoner searches

that person nor should they worry about offend-ing another officer by searching a prisoner theyhave received. This commonly occurs when one

officer transports a prisoner for another officer. Istrongly encourage officers to thoroughly searchany prisoner they transport regardless of whetherhe already has been searched. In fact, whileworking narcotics, I got to the point where I toldtransporting officers that the prisoner had not

been searched, even ifhe had, because Inoticed that if I told thetransporting officersthat the prisoneralready had been

searched, many timeseither they neglectedto search him againor they conducted aminimal search at best.

Assess the Benefits

By keeping thesepoints in mind andincorporating theminto established offi-

cer-survival classes,instructors can provide several benefits to boththeir officers and their agencies. First and fore-most, it will keep officers safer on the street. Byinstilling the habit of conducting a proper andsafe prisoner search, instructors can reduce theoccurrence of officers injured and killed by armedprisoners. Second, it will allow instructors toidentify individual officers who may have diffi-culties in this area. In turn, instructors can givethese officers the additional training they need toensure that they can safely and effectively search

their prisoners. Finally, it makes a statementabout where an agency stands on issues of officersafety. What an agencyfails to train makes just asmuch of a statement about its attitude towardofficer safety as what it does train.

Cop 101 Prisoner Search Tips

Use caution with all prisoners, even

those in handcuffs. Maintain a safe position.

Be systematic and section the bodyinto quadrants.

Touch pockets before reaching insideor turn pockets inside out.

Search all prisoners, even thosereceived from other officers.


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May 2004 / 11

Conclusion

Law enforcement officers search suspectsand prisoners on a daily basis. It stands as one

of the most repeated tasks and, as such, canbecome a mundane chore. However, officersmust remember that it also can prove deadly.

To ensure that their officers understand thedangers of conducting searches and the possibleconsequences of missed weapons, law enforce-ment agencies should include proper and safesearch techniques as part of officer-survivaltraining. By stressing the fundamentals andreminding officers of the hazards associatedwith searching suspects and prisoners, agenciescan improve officer safety and enhance theireffectiveness in protecting the general public.

Master Police Officer Coleman, a certified police instructor,serves in the Special Operations Division of the Virginia

Beach, Virginia, Police Department.

Endnotes1 U.S. Department of Justice, Federal Bureau of Investigation,

Law Enforcement Officers Killed and Assaulted, 2000 (Washing-

ton, DC, 2001), 49.2 U.S. Department of Justice, Federal Bureau of Investigation,


ton, DC, 1999), 59.3 U.S. Department of Justice, Federal Bureau of Investigation,


ton, DC, 2003), 25.4 For illustrative purposes, the author refers to suspects as

males.5 This demonstrates the importance of agencies investing in

waist restraints if they currently do not have them.

T he FBI Law Enforcement Bulle-tin staff invites you to communi-Digital Vision

cate with us via e-mail. Our Internetaddress is [email protected].

We would like to know yourthoughts on contemporary law en-forcement issues. We welcome yourcomments, questions, and suggestionsabout the magazine. Please includeyour name, title, and agency on alle-mail messages.

Also,the Bulletin is available forviewing or downloading on a numberof computer services, as well as theFBIs home page. The home pageaddress is http://www.fbi.gov.

The BulletinsE-mail Address


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Compstat

DesignBy JON M. SHANE

he Compstat process, asdescribed in the first partof this article, hinges on

Tfour crime-reduction principles:accurate and timely intelligence,effective tactics, rapid deploy-ment of personnel and resources,and relentless follow-up and as-sessment.1 Coupled with theseare accountability and discretionat all levels of the law enforce-ment agency. The design of theCompstat model creates an at-

mosphere where both officersand executives can remain fo-cused on the core mission of theagency, protecting the membersof their community.

THE COMPSTAT DESIGN

The chief is absolutely criti-cal to Compstats design andsuccess. He must sponsor andchampion the process with thecommand staff.2 Sponsoring[Compstat] and championingit are different; sponsorship isnecessary to provide legitimacyto the process, while champion-ing provides the energy andcommitment to follow through.[Compstat] does not just hap-

peninvolved, courageous, andcommitted people make it hap-pen. The departments leadersmust serve as process champi-ons. These people must believe

in the [Compstat] process and becommitted to it.3

When designing the Comp-stat model for the organization,those involved in the processmust sort through a few adminis-trative details. These include or-ganizational placement, requiredattendees, the facilitator, the fa-cility, the equipment, and, mostimportant, data collection, analy-sis, and presentation.

Organizational PlacementAs a managerial function,

Compstat should appear at thetop of the organization. Datamust flow to the chief and the

Mark C. Ide

Mark C. Ide


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May 2004 / 13

executive staff without delay.As few lines of reporting aspossible should exist between

the Compstat unit (or the indi-vidual responsible for collatingthe material) and the chief.This will ensure that the unit col-lates, analyzes, and deliversthe data to the chief for prelimi-nary review before preparingthe final version for publication.The Compstat unit should nothave to negotiate several organi-zational layers before handingthe chief the completed work,

particularly as the material istime sensitive.

Required Attendees

As a managerial process,Compstat employs managersto assess the operational effec-tiveness of the departmentand how those entrusted withgeographic or organizationalcommand perform in responseto a set of given conditions (i.e.,the Compstat data). Thoserequired to attend Compstatinclude the departments execu-tives (chief, deputy chiefs,captains, and division/sectioncommanders) and those decisionmakers responsible for develop-ing deployment strategies orcommitting resources (personnelor matriel).

Command-rank personnel

must answer for the state oftheir commands, including howwell they perform individuallyand compared with other com-mands and the total crime picture

within their commands. Com-manders of speciality divisions(e.g., narcotics, warrants,

robbery, and homicide) mustreport on the level of supportthey have committed to anarea to reduce a problem, suchas arrests effected, canvassesconducted, street surveillancesperformed, warrants served,and cases cleared, alongwith their commands overallperformance.

All commanders receivesupport from their staffs

the executive officer, detectivesquad supervisor, and crime con-trol officer4during Compstatmeetings. Commanders sit at theconference table with their sup-port staffs directly behind them.The support staffs provide thecommanders with notes, charts,statistics, and performance dataon the strategies undertaken

since the last Compstat session.The support staffs, particularlythe executive officers, must

thoroughly attune themselves totheir commanders intentionsand presentations.

The Facilitator

The chief or his executive-level designee must act as theCompstat facilitator. The chiefsets the tone: if Compstat is im-portant enough for him to taketime out of his schedule, thenparticipants should respect

the process and take it seriously.In the chiefs absence, anuninvolved member of the com-mand staff, such as the chief ofstaff, assistant chief, or deputycommissioner, must assume therole. Other command staff offi-cers have a biased interest be-cause they are the ones facingcritique. The facilitator moves

Compstat, aprocess grounded

in data, begins withcollecting, analyzing,and mapping crime

occurrences.

Captain Shane is the commanding officer of the Policy and PlanningDivision of the Newark, New Jersey, Police Department.


15/35


Compstat along, questioning thecommanders, helping devise so-lutions, ordering information forthe recap (outstanding issues re-quiring follow-up), and issuingcensure when necessary. To

achieve success, the facilitatorshould understand patrol and in-vestigative strategies, know howto interpret statistics, and pos-sess analytical skills concerninglinking conditions, performance,and outcome.

The Compstat Facility

The Compstat facility neednot be elaborate, merely largeenough to comfortably accom-

modate all of the required per-sonnel and, preferably, guests.The room should have audiovi-sual capabilities, such as an

book (a collated, printed versionof the activity occurring in theprevious Compstat period nor-mally beginning on Monday at12:01 a.m. and ending the fol-lowing Sunday at 11:59 p.m.,

except for speciality divisions,such as narcotics and criminalinvestigations, which extendthe period to 2 weeks to producea better trend analysis).5

The Compstat book will varyin size based upon the jurisdic-tion and how each chief wishesto display the material. The bestguiding principle for designingthe Compstat book is whateverissues are prevalent must be

captured and made part ofthe book. A typical Compstatbook includes certain elementsfor the Compstat period, with the

overhead projector, a projectionscreen, computers, and an ampli-fication system. Each com-mander should have printed cop-ies (the Compstat book) of all ofthe visual aids (e.g., charts,

graphs, and data). This ensuresthat everyone can follow alongand remain attentive during thediscussion.

Data Collection, Analysis,and Presentation

Compstat, a process ground-ed in data, begins with collect-ing, analyzing, and mappingcrime occurrences. Usually, theperson or unit designated to

gather and collate FBI UniformCrime Reporting (UCR) and per-formance data handles thesetasks and prepares the Compstat

Organizationand presentation

of dataHistograms with a nor-mal curve (e.g, responsetime analysis)

Descriptive

analysis

Frequencydistribution

Maximum Minimum Mode

Violent and nonviolentcrime summary Aggregate increaseor decrease

Mean Median

Standarddeviation

Percentageincrease ordecrease

Proportionacrosscategories

Ratio and ratesIncidents to populationPerformance to police officers

Pie charts (forpercentage of total)

Bar charts (for aggregate data or rate;e.g., incidents per 100,000 people)

Line charts (frequencypolygon); add trend linesto establish direction

Crosstabcharts

Appropriate Statistics


16/35

May 2004 / 15

sections separated by numbered,lettered, or named tab dividers(e.g., precincts and divisions),

such as cover page with Compstat

period dates and conferencenumber and name of fea-tured command;

recap of previous Compstatperiods notes and issues;

numerical crime summaryof citywide data, such asaggregate number of inci-dents, average number of

incidents, percentagechange, rate of violent andnonviolent crime, andcorresponding charts (e.g.,pie chart representing crimerates for Part I offenses),sorted by offense;

violent crime summary byoffense in detail, sortedby precinct and weaponinvolved;

property crime summary byoffense in detail, sorted byprecinct;

precinct profile with identityof commanding officer,executive officer, detectivesquad supervisor; demo-graphics; personnel strengthby rank; and aggregate anddisaggregate crime data byprecinct;

weekly sector analysis ofcrime data and performancecomparisons across catego-ries and citywide analysisby current week versus

previous week, aggregatedifference, and percentagechange;

crime maps with densitycomparisons and thematiclayers with separate mapsfor each correspondingcrime;

narrative crime summary ofevery incident under investi-gation for Compstat period,sorted by date and describedby sector, complaint num-ber, date, time, location,

type of premises, and meansof attack (in specialitycommands, more dataspecific to command oroperation, such as make,model, color, caliber, and

serial number of recoveredguns or packaging descrip-tion and brand name of

illegal drugs); pattern crimes with con-

firmed or emerging crimepatterns (e.g., commercialrobberies, residential bur-glaries, or sexual assaultsof college students);

performance indicators withtype of arrests by patrol anddetectives; summonsesissued, both moving and

parking, by type; fieldinterviews by sector andprecinct; arrest and searchwarrants issued and served;clearance rates for detectivesquads and individual

Hot-Spot Map of Homicides and Agg. Assaults with Guns

Source: Philadelphia Police Department, 1997-1998

Figure 1


17/35


detectives; sick time byprecinct, tour, rank, andillness with ratio of sick to

well officers; investigationsand complaints againstpersonnel by division,assignment, rank, sex, andtour with ratio of investiga-tions to complaints; over-time by category, sorted bydivision; accidents with cityvehicles by division, tour,and contributing circum-stances; response time byprecinct and tour with

priority code, number ofcalls dispatched and self-initiated, queue goals and

average queue time, andtravel on-scene and servicetimes; and personnel griev-ance by division, rank, andcategory;

optional data, such asabandoned/unsecuredbuildings, vacant lots,confirmed gangland areas,top ten lists, truancy andcurfew violations, foundproperty lists, offenders

residences (burglars, autothieves), and sex-offenderregistrants, that can help

commanders identify anexus between noncrimeconditions and crime,antecedents to existingproblems, and who toenlist to control them;

specialty commands, suchas narcotics, traffic enforce-ment, special investigations,and task force operations,with data depicting theirlevel of performance

Data Comparison

Day to day

Week to weekMonth to monthQuarter to quarter

Half year to half year

Year to yearYear to date

Last 12 monthsCustom date

Diff. % +/-One chart for each week of the Compstat period

Current week vs. Previous week +5 +3%March 2003 vs. April 2003 -18 -27%Jan, Feb, Mar vs. Apr, May, Jun +32 +44%

1st 6 months vs. 2nd 6 months -63 -40%

2002 vs. 2003 -27 -2%January 1, 2003 to present date Aggregate

March 15, 2002 to March 14, 2003 AggregateAny time period (days, weeks, months, quarters, years, decades)

Comparisons for each period against the prior period

WeekMonthQuarterHalf year

Year12 monthsCustom

Current week 2003 vs. Same week 2002Current month 2003 vs. Same month 2002

Jan, Feb, Mar 2003 vs. Jan, Feb, Mar 20021st 6 months 2003 vs. 1st 6 months 2002Jan 1, 2003 to present vs. Jan 1, 2002 to present

Jan 18, 2002 to Jan 17, 2003 vs. Jan 18, 2001 to Jan 17, 2002Any custom date period compared with the prior date period


18/35

May 2004 / 17

germane to their commandand pertinent to theCompstat process; and

special programs, such asgrant-funded initiatives,with explanations of perfor-mance measures specified inthe program for monitoringpurposes.

The best method of capturingcalls-for-service and incident-report data involves a computer-aided dispatch (CAD) and arecords-management system

(RMS). A robust CAD and RMScan produce most of theCompstat book at the touch of abutton. Otherwise, a data-entryclerk or crime analyst must enterthe details ofevery incident re-port, arrest effected, summonsissued, case cleared, and otherpertinent information into aspreadsheet or database to pro-duce the reports. Essentially,every piece of data to be pre-

sented must be collated in aneasy-to-read format, organizedin a logical order, and assembledinto a coherent book.

Absent CAD or RMS re-ports, each command must cap-ture the essential data elementseach week and report them tothe designated person or unitwho arranges the style andformat of the book. Desktopsoftware applications with asuite of products, such as spread-sheets, databases, and word pro-cessing programs all in one,

make collating and analyzing theinformation quite easy. This,coupled with the use of special

statistical programs for morecomplex analysis, works well fordata reduction.

These statistics are veryuseful because they enable a[crime analyst] to investigate

two matters of practicalimportance: cause and predic-tion. These techniques help a[crime analyst] disentangleand uncover the connectionsbetween crimes. They helptrace the ways in which some[crimes] might have causalinfluences on others, and,depending on the strength ofthe relationship, they enable a[crime analyst] to make

predictions. The measures ofassociation cannot, by them-selves,prove that two[crimes] are causally related.However, these techniquescan provide valuable cluesabout causation and aretherefore extremely importantfor [commanders to test theirbeliefs about crime at certainlocations].

For example, suppose a[crime analyst] was interestedin the relationship between[calls for drug sales] and[aggravated assaultshootings] and had gatheredthe appropriate data. Bycalculating the appropriatemeasure of association, the[crime analyst] could deter-mine the strength of therelationship and its direction.

Suppose the [crime analyst]found a strong, positiverelationship between these

As a managerialfunction, Compstat

should appear atthe top of the

organization.

Describing the Data

In displaying the informa-tion, the first step involvesdescribing the data so thatreaders can quickly understandrelevant information.6 Descrip-

tive statistics give commandersa comprehensive overview ofhow their command is faring(see Appropriate Statisticschart).

The second type of de-scriptive statistics is designedto help [commanders] under-stand the relationship be-tween two or more [crimes].These statistics are calledmeasures of association, andthey enable [crime analysts]to quantify the strength anddirection of a relationship.


19/35


two variables. [A com-mander] would infer that[calls for drug sales] and[aggravated assaultshootings] were closelyrelated [strength of therelationship] and that as oneincreased in value, the otheralso increased [direction ofthe relationship]. [A crimeanalyst] could make predic-tions from one variable tothe other, for example, [themore calls for drug sales,the higher the shootings].

Now, as a result of findingthis strong, positive relation-

ship, [a commander] mightbe tempted to make causalinferences. That is, [a com-mander] might jump to theconclusion that [a high

number of calls for drug salesleads to (causes) moreshootings]. Such a conclusionmight make a good deal ofcommon sense and wouldcertainly be supported statis-tically. However, the causalnature of the relationship is inno wayproven by the statisti-cal analysis. Measures ofassociation can be taken asimportant clues about causa-tion, but the mere existenceof a relationship never shouldbe taken as conclusive proofof causation.7

Comparing the Data

The next step involves com-paring the data, which enablesthe chief and command staff togauge progress and adjust or

compensate for shiftsin trends or patterns.Appropriate charts

should display the in-formation for each pre-cinct, as well as city-wide, including theaggregate differenceand percentage changein reported incidents(see Data Comparisonchart). These chartsshould be disaggre-gated for each crime,and a chart depicting

the temporal (time) dis-tribution also should beincluded so command-ers can see when crimesoccur.

Crime Mapping

The final step, spatial analy-sis or crime mapping, has gainedpopularity over the last 10 yearsas an inexpensive, valuable re-source for law enforcementagencies to identify and plot theoccurrence of crime. Crime ana-lysts can detect nodes, paths,and edges along which crimi-nals travel.8 They can createoverlays of calls for service ver-sus arrests effected, unsolvedburglaries with known burglarsresidences, or calls for servicewith abandoned buildings. Ana-lysts can create speciality maps,

such as locating sex offendersresidences (Megans Law regis-trants), recovered guns, recov-ered stolen autos, and thefts ofauto headlights. Most important,

Figure 2


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May 2004 / 19

they can display aggregate datato show relationships among of-fenses in time space, also known

as hot-spot analysis (see Fig-ure 1). Once agencies conductspatial and temporal analysis,they can develop interventionstrategies (see Figure 2).9

A variety of commercialmapping software applicationsexist that integrate easily withthe spreadsheet and database ap-plications that harness the rawdata. Personnel simply can im-port the data into the mapping

program and run the reports tocreate the desired maps.10

CONCLUSION

The design and success ofthe Compstat model rests withthe commitment level of theleaders of the law enforcementagency. They must sponsor andchampion Compstat to their em-ployees. They also must ensurethat all administrative details arehandled effectively and effi-ciently to produce the most im-portant aspect of the process:data collection, analysis, andpresentation. Next month, theFBI Law Enforcement Bulletinwill feature the final part of thisarticle in which the author willdiscuss the implementation andadaptability of the Compstatmodel.

Endnotes1 Jon Shane, The Compstat Process,

FBI Law Enforcement Bulletin, April

2004, 12-21.

2 For illustrative purposes and to

maintain clarity, the author refers to the

leaders of law enforcement organizations

as chiefs and employs masculine pronouns

for these individuals, as well as othercommand-level personnel, throughout

the article as needed.3 John M. Bryson, Strategic Planning

for Public and Nonprofit Organizations:

A Guide to Strengthening and Sustaining

Organizational Achievement(San

Francisco, CA: Jossey-Bass, 1995), 57.

(Thousand Oaks, CA: Pine Forge Press-

Sage Publications, 1998), 58. See also

P.J. Brantingham and P.L. Brantingham,

Environmental Criminology (Prospect

Heights, IL: Waveland, 1991); Environ-ment, Route and Situation: Toward a

Pattern Theory of Crime, in R.V. Clarke

and M. Felson, eds.,Routine Activity

and Rational Choice: Advances in

Criminological Theory (New Brunswick,

NJ: Transaction Books, 1993); and

Criminality of Place: Crime Generators

and Crime Attractors,European Journal

of Criminal Policy and Research 3,

(1995): 5-26.9 J.H. Ratcliffe, The Hot-Spot Matrix:

A Framework for the Spatio-Temporal

Targeting of Crime Reduction, Police

Practice and Research, 5 (2004); and asan unpublished paper presented at the 11th

International Symposium on Environmen-

tal Criminology and Crime Analysis/

ECCA, June 20, 2003, Cincinnati, OH;

retrieved on June 26, 2003, from http://

www.jratcliffe.net/conf/Ratcliffe%20

(2004)%20Hotspot %20matrix%20

final%20draft.pdf.10 The Police Foundations Crime

Mapping Laboratory in Washington,

D.C., can provide excellent technical

and crime-mapping assistance. The

foundation is an independent and unique

resource for policing. The Police Founda-tion acts as a catalyst for change and an

advocate for new ideas, in restating and

reminding ourselves about the funda-

mental purposes of policing, and in

ensuring that an important link remains

intact between the police and the public

they serve; access the Police Foundation

at http://www.policefoundation.org. For

additional crime-mapping resources, see

http://www.cslj.net/links/

CrimeMapping.htm.

4 The crime control officer (CCO) is

a division/district-based position that

monitors crime trends and patterns on a

daily basis. The CCO advises the com-

mander of conditions on a daily basis,

captures crime data, analyzes trends and

patterns, and makes recommendations on

deployment strategies and tactics.5 Some departments use a 2-week

Compstat period with a 1-week overlap for

all commands because they feel that this

improves the ability to gauge trends and

emerging patterns.6 J.F. Healey, Statistics: A Tool for

Social Research, 6th ed. (Belmont, CA:

Wadsworth, 2002).7 Ibid., 8-9.8 Paul and Patricia Brantingham have

conducted work on the geometry of

crime, suggesting that each offender

tends to be somewhat lazy, sticking close

to known places and routes in Marcus

Felson, Crime and Everyday Life, 2d ed.

The author thanks his friend andcolleague Chief Anthony F. Ambroseof the Newark, New Jersey, PoliceDepartment for his inspiration andinsight concerning this article.

Descriptive statisticsgive commandersa comprehensive

overview of how theircommand is faring.

Endnotes1 Jon Shane, Compstat Process,

FBI Law Enforcement Bulletin, April

2004, 12-21.


21/35

Police Assessment Testing: AnAssessment Center Handbook for Law

Enforcement Personnelby John L.Coleman, Charles C. Thomas, Publisher,Springfield, Illinois, 2002.

Selecting and maintaining competentlaw enforcement personnel at all levels is anever-ending and critical task. Law enforce-ment agencies focus testing of new hires andpromotions of onboard personnel based onmethods, such as a written examination, timein the department, and demonstrated perfor-mance, all of which represent necessary

criteria. Some departments use the assess-ment center testing process integrated withthese other methods for a more comprehen-sive assessment effort.

Police Assessment Testing: An Assess-ment Center Handbook for Law EnforcementPersonnel is an outstanding handbook fordepartments using the assessment centerprocess, planning to implement the integratedconcept, or in need of professional assistancein upgrading their current testing procedures.The author commences the handbook with

assessment center testing evolution, advan-tages, and disadvantages, along with soundperformance strategies. The handbook identi-fies valuable information for the candidate ofany position, recruit or rank-and-file member,concerning the how to in developing thenecessary attitude and approach to participatein an assessment center testing challenge.

The work contains an analysis involvingprevious legal actions against departments,including 10 actual case law summaries andcourt rulings with an accompanying observa-tion statement for each case. One chapteraddresses 14 key areas that assessmentcenters should consider. It identifies how a

Book Review

candidate in the assessment process mustdisplay the dominant skills required during

the in-basket exercise testing. The chapterfurther identifies dominant skills and howthose skills should be displayed in criticalareas while participating in leader and leader-less group exercises. To assist in each exer-cise, the author has provided an example ofa written instruction sheet for the reader touse to ensure proper assessment of thecandidate.

Included in the handbook is an exercisethat deals with effectively handling a coun-

seling situation, with emphasis on the criticaldominant skills to be tested in each candi-date. The author presents a chapter on effec-tive documentation of a problem analysisexercise that covers a candidates perfor-mance display, or lack thereof, while appear-ing before the assessment center process.

Although this police assessment testinghandbook contains several strong points,three significant ones rise above all of theothers. First, a total of 30 dimensional skillsare identified that may or may not be domi-

nant in current departments, supported with alisting of seven sound tips that most depart-ments can implement. Second, one chaptercontains the principles of handling 16 differ-ent in-basket exercise examples that requirecandidate responses with numerous identifiedskills. Some of these skills include decisionmaking, development of subordinates, andjudgment and planning. Third, the handbookhas an in-basket dimension matrix thatidentifies which of the dominant skills fall inspecified overlapping areas, such as dealingwith people, analysis, problem solving,organizing, leadership, and accountability, inand out of group situations.



22/35

Police Assessment Testing: An Assess-ment Center Handbook for Law Enforcement

Personnel is essential for all law enforce-ment agencies at the city, county, state, andfederal levels that are using or needing to usea well-designed and documented integratedprocess of selection and promotion of per-sonnel. It is a vital tool for law enforcementcommissioners, managers, administrators,and supervisors, as well as line and staffmembers. Most elements of the handbookmay be considered for training in the acad-emy setting and in-service programs to give

members an idea of what to expect during theprocess. As a handbook, it also contains

information for procedure and policy writers,citizen review boards, and the universityclassroom setting.

Reviewed byMajor Larry R. Moore (Ret.)

U.S. Army Military Police CorpsCertified Emergency Manager

International Association ofEmergency ManagersKnoxville, Tennessee

T heBulletin invites criminal justice professionals to submit reviews of recently publishednonfiction books they have read on topics relative to their field of expertise for possibleinclusion in its Book Review department. The magazine publishes only positive reviews ofbetween 350 and 500 words or 1 to 2 pages double-spaced. As with article submissions,

theBulletin staff will edit book reviews for style, length, clarity, and format.Book reviewers should include two or three compelling points that the author makes,

along with the complete title of the work; the names of the authors or editors; and the pub-lishing company, city and state, and publication date. As a guide, the staff suggests thatreviewers examine book reviews in past issues of theBulletin to acquaint themselves withthe magazines requirements. Reviewers should submit their book reviews typed and double-spaced on 8 - by 11-inch white paper with all pages numbered. When possible, an elec-tronic version of the review saved on computer disk should accompany the document. Sendbook reviews to:

Editor, FBI Law Enforcement BulletinFBI AcademyMadison Building, Room 201Quantico, VA 22135telephone: 703-632-1952e-mail: [email protected]

Wanted:Book Reviews

May 2004 / 21


23/35


he city of Meriden, Connecticut, is adiverse community of about 58,000

Perspective

The Need for SchoolResource OfficersBy Mark D. Benigni, Ed.D

Dr. Benigni serves as anassistant principal at Berlin

High School in Meriden,Connecticut, and is the

current mayor of Meriden.

Tresidents approximately 20 miles north of NewHaven and 20 miles south of the state capitalHartford. As the current mayor of Meriden, aschool administrator, and a former teacher,education is one of my top priorities. In the midstof the accountability movement, when schoolsystems reveal standardized test results of student

progress to communities, not enough studentschallenge themselves to meet school proficiencystandards. Further, increased suspensions andexpulsions in schools confirm the need fordiscipline reform.

Educators and politicians continue to look forcreative measures to keep children in school.While some practitioners proclaim graduatedsystems of discipline, training for teachers, andmodification of zero-tolerance policies, I recom-mend the federally funded program COPS (Com-munity Oriented Policing Services), which

provides school resource officers (SROs). Thesecertified police officers provide law enforcementand law-related teaching and counseling tostudents at public high schools. This approachrequires a fundamental belief that school violencedoes not existall violence is community vio-lence. Communities need collaboration betweenschools, police, and the juvenile justice system.

Legal Concerns

Facing increased pressure from concernedparents and educators regarding the need fordiscipline reform, the federal government andstate legislators have changed existing laws andcreated new ones that, in turn, have requiredschool districts to issue mandatory suspensionsand expulsions. For example, federal law changes

in the mid-1990s mandated school districts totake specific disciplinary actions for weaponviolations. In 1995, Connecticut legislators

expanded the definition of a student possessing adeadly weapon. As a result, these changes haveincreased the number of suspensions and expul-sions. In 2001, the Connecticut General Assem-bly adopted a new law to decrease the dropoutrates in schools by changing the legal dropout agefrom 16 to 18. Students under the age of 18 nowneed the written consent of their parent or guard-ian to drop out of school. But, what will all ofthese legal changes do to keep kids activelyengaged in school? Federal and state legal re-quirements often establish barriers that make it

difficult for schools to find alternative disciplinesolutions.

Behavior Management

Behavioral problems can be treated similar toacademic problemsin a nonpunitive atmo-sphere with understanding, respect, and patience.1

This discipline process teaches students who areacting as a disturbance in the school environmenthow to think of ways to reach their goals withoutviolating the rights of others.2 When teachers and


24/35

May 2004 / 23

school administrators develop strict disciplinepolicies and pressure students to perform, manystudents push back and exhibit counter control.

We must treat people according to the way theyare designed; by presuming that we can deal withall students in the same way, we ignore theirindividuality and, in essence, set them up forfailure. Educators and law enforcement mustwork together to develop a new way of operat-inga method of deterringunnecessary disturbances.

The Study

After I interviewed SROsand surveyed school superin-

tendents, police supervisors,principals, and SROs from 10communities, my resultsshowed that the SRO helpsprovide a safe environment intodays public high schools. Inparticular, respondents believedthat a qualified SRO provideslaw enforcement, as well as law-related, counsel-ing and teaching. All respondents in the studyperceived that SROs fill an important role in their

schools and all students can benefit from theirpresence. The community case studies revealedthat the role of the SRO and the support for theSRO does not vary between cities or towns oraffluent or economically deprived communities.

While my research noted the importance ofSROs functioning as law enforcement officers intheir schools, it did not address the SROs role indaily discipline. Disciplining high school studentshas become increasingly difficult. School admin-istrators hire assistant principals and deans ofstudents to address daily discipline needs. Ac-

cording to one poll of the publics attitudestoward public schools, violence, gangs, and alack of discipline are schools biggest problems.3

Seventy-five percent of respondents believed thatschool police officers offer the most effective

school violence prevention program.4 Further,65 percent of Americans surveyed thought thatstationing a police officer in schools would

reduce school violence.5

The presence of SROsin schools makes students, teachers, and staffmembers feel safer and deters acts of violence.6

SROs should be involved with both in-schooland out-of-school suspensions, and they shouldwork with school administrators to create alterna-

tives to out-of-school suspen-sions. SROs should monitorschool- and community-relatedservice projects to acquaintthemselves with students andassist school administrators

with discipline. Additionally,SROs should meet with thein-school suspension groupduring the day for a period ofgroup law-related counseling.Students are less likely to getin trouble if they understandand appreciate the conse-

quences of their behavior beforehand.SRO programs offer an opportunity for school

officials to proactively protect their schools and

improve their educational environment. Schooladministrators should encourage parents tovolunteer for community events, attend demon-strations and workshops about neighborhoodsafety and current activities, and watch for signsof trouble. Although SROs are the only individu-als in the school setting who have the authorityand ability to make arrests, an SROs primarypurpose is to deter students from trouble andencourage them to be active, positive participantsin their school communities.

My research revealed the need for the school,

police, and parents to work together to preventschool violence, and the SRO proves an impor-tant link between the three entities. Schoolsreflect society; if crime is occurring on the street,it also is happening in schools. Tragedies like

...respondentsbelieved that school

police officers offerthe most effectiveschool violence

prevention program.


25/35


Columbine can happen at any school; therefore,concerned citizens should take the necessaryproactive measures to include an SRO on their

school staff.Data also revealed the need for police person-nel to see the SROs role in a new light. SROsare community police officers who work in theschool community. With this new setting comesunique responsibilities and duties. Having anofficer in school can be a useful safety tool andoffer a sense of security, but I think its essentialthat the cops be trained to workwith children.7 As a lawenforcement officer, law-related counselor, and law-

related educator,8 SROs be-come proactive participantsin community efforts to ensuresafe and orderly schools.Selected officers should col-laborate with school adminis-trators to create secure envi-ronments in which teachers canteach and students can learn.Educators and law enforcementpersonnel both maintain control of people and

situations by enforcing rules/laws to keep oursociety (school or community) in order. Teachersand SROs can teach collaborative lessons ontopics from the Bill of Rights to the importanceof physical fitness; together, they can coachathletic teams and head school clubs as well.

Conclusion

The growing number of SRO programsindicates that communities are searching foreffective methods to maintain secure schoolsand curb student violence. Deterrents, such as

metal detectors and security guards, have proveninsufficient in dealing with students who feelalienated from their peers or adults or in prevent-ing intruders from disrupting schools. Boardsof education are realizing that a more long-term,

all-encompassing approach to student alienationand school safety has become necessary.

For many communities, school resource

officer programs constituted the first time schoolsand police worked collaboratively to improve thequality of life in their neighborhoods. Educationalprofessionals must realize that community agen-cies, including law enforcement, often can offerexpertise in many areas, including teaching andcounseling. Educators and police personnel mustview and use SROs as a resource because when

they share their knowledge andexpertise, students receive thebest possible services andstrengthen communities.

SRO programs present anopportunity for schools to opentheir doors to other communityagencies and professionals.Law enforcement administra-tors and educational leadersface the challenge of continu-ing to search for creativemethods of collaboration withother social systems in their

communities. We must ensure that our students

remain in school programs and stay out oftroubleeffective SRO programs prove a viablemeans to accomplish this feat.

Endnotes

1 For more information on Edward E. Fords Responsible

Thinking Process, visit http://www.responsiblethinking.com.2 Ibid.3 The 28th Annual Phi Delta Kappa/Gallup Poll of the Publics

Attitudes Toward the Public Schools, retrieved on July 15, 2003,

from http://www.pdkintl.org/kappan/kpoll285.htm.4Youth Violence in Connecticut Schools, The Connecticut

Association of Schools Bulletin, May 1999.5 Dr. Steven Berkowitz What Role for Cops in School?

Record-Journal, December 28, 1999, 11.6 Center for the Prevention of School Violence.7 Supra note 5.8 Supra note 6.

SRO programs offeran opportunity forschool officials to

proactively protect theirschools and improve

their educationalenvironment.


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May 2004 / 25

n mid-July 2003, a fisher-man on the ShenandoahRiver in Northern VirginiaI

found the body of BrendaSmiley Paz. She was an intelli-gent, energetic 17-year-old whowas 17 weeks pregnant and aformer gang member.1 She hadan encyclopedic knowledge ofMara Salvatrucha (MS-13), a

violent Salvadoran gang, andeducated investigators of its his-tory, structure, and operations.2

Paz knew her only viable wayout of MS-13 was to help put its

members in jail, and word soonspread that she was an informant,which caused her to be green-lighted, or targeted for murderby fellow MS-13 gang mem-bers.3 Paz entered the WitnessSecurity Program (Program) inMarch 2003, but, due to the lureof gang life, Paz voluntarily leftthe Program in June. Within 3

weeks, her body was found in theriver.4

Prosecutors wanting to useher testimony in the September2001 murder of a rival gang

member were faced with a di-lemmausing her unswornstatements may violate the SixthAmendment guaranteeing a de-fendant the right to cross-exam-ine the witness. Prosecutorsavailed themselves of this highlyunusual tactic by arguing thatDenis Rivera, Pazs former boy-friend and member of MS-13,

may have ordered Pazs execu-tion.5 Rivera was facing a murdertrial in which the victim wasstabbed several times, his headnearly severed, and his throat

Legal Digest

Mark C. Ide

Hidingin Plain SightA Peek into theWitness Security ProgramBy DOUGLAS A. KASH, J.D.


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and esophagus removed.6 Theprosecution argued that becauseRivera allegedly was involved inthe witness (Paz) execution, hecannot use the protection guaran-teeing him the right to examinePaz. On October 7, 2003, the judge ruled that Pazs state-ments, through the recollectionof the court appointed guardian,ad litem (for purposes of the suit)can be used, though the court hadnot determined other issues, suchas relevancy.7 On November 20,2003, Rivera and a fellow gangmember were convicted of mur-der and later sentenced to life inprison.8 This case demonstratesnot only the necessity of theProgram but the real dangersfacing those who choose to leaveits protective umbrella.

The Program, also some-

times referred to as WITSECor the Witness ProtectionProgram, is one weapon inthe war on crime that has takeneven greater significance since

September 11, 2001. The U.S.Department of Justice, CriminalDivision, Office of EnforcementOperations (OEO) oversees theProgram. The U.S. MarshalsService (USMS) administers theday-to-day operation of theProgram for witnesses relocatedin the community and the Fed-eral Bureau of Prisons adminis-ters the day-to-day operation ofthe Program for witnesses whoare incarcerated.

Traditionally, the Programhas been used to protect wit-nesses and their families in casesinvolving organized crime, nar-cotics, motorcycle gangs, prisongangs, and public corruption.Due to the September 11 attacksand the consequent investiga-tions into domestic and interna-tional terrorist groups, people

with pertinent terrorist-relatedinformation have undoubtedlyconsidered availing themselvesof the protection this Programoffers. Due to the sensitivity of

the Program, including the iden-tities of the protectors and wit-nesses, specific names and loca-

tions cannot be discussed in thisarticle. Indeed, no agency, entity,or person associated with theProgram is permitted to releaseany information concerning spe-cific operations of the Programand its participants.9 With lim-ited exceptions, release of Pro-gram-related information, in-cluding that which pertains tocurrent or former protected wit-nesses, even to that very witness,

is prohibited except at the writ-ten direction of the director ofthe Program, the attorney gen-eral, or the assistant attorneygeneral.10

Judicial Protections

Somewhat ironically, theneed to provide for the safety ofwitnesses results from the con-stitutional protections affordedcriminal defendants. The SixthAmendment of the U.S. Consti-tution provides, in part, that inall criminal prosecutions, the ac-cused shall enjoy the righttoconfront the witness againsthim. Such protections wereextended by the U.S. SupremeCourt to defendants in stateprosecutions through the DueProcess Clause of the FourteenthAmendment. Some states re-

quire prosecutors to identify ev-eryone known by the govern-ment [who has] knowledge ofthe relevant facts, while otherstates limit such disclosure only

The U.S. Supreme

Courts position onthe constitutionalityof identification of

protected witnessesbegan in 1931....

Mr. Kash serves as a senior attorney for the DEA in Arlington, Virginia, andrepresents the United States in actions filed by confidential informants.


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May 2004 / 27

to persons who will testify intrial or pretrial proceedings.11

Consequently, to protect wit-

nesses pre- and posttrial and pre-serve the integrity and effective-ness of the criminal justicesystem, witnesses facing a threatto their personal safety are eitherincarcerated or placed undergovernment protection.12 How-ever, other courts do not requirethat all witnesses reveal theiridentities.

The U.S. Supreme Courtsposition on the constitutionality

of identification of protectedwitnesses began in 1931 withits review of Alford v. UnitedStates13 in which the defense wasdenied the opportunity to ques-tion the witness at his residence.The Supreme Court opined,without consideration of the wit-ness safety, that the defensemust be able to place the witnessin his environment and that

prejudice ensues from a denialof the opportunity to place thewitness in his proper setting andput the weight of his testimonyand his credibility to a test, with-out which the jury cannot fairlyappraise them.14

In the next true test of thisissue, the lower court, in Smith v.

Illinois,15 refused to force therevelation of a witness trueidentity. Upon appellate review,

the U.S. Supreme Court statedthat the witness name and ad-dress open countless avenues ofin-court examination and out-of-court investigation[forbidding

the defense from asking themost rudimentary questions ofa witness name and address ef-

fectively] emasculate[s] theright of cross-examination it-self.16 In his concurrence, U.S.Supreme Court Justice ByronWhite opined that the examina-tion of a witness would be lim-ited when specific questionstend to endanger the personal

courts require the defense todemonstrate the necessity andmateriality of witness informa-

tion as it relates to guilt or inno-cence. The court then weighsthe right of cross examinationand the witness safety con-cerns.20 Further, some courtsraise the nondisclosure standardto whether the testimony is sig-nificant or crucial, while Califor-nia prohibits the concealment ofwitness residential informationas long as the witness is provid-ing important information.21

Beyond judicial protection,there is one notable statutoryprotective shield known as thefederal Victim and Witness Pro-tection Act of 1982, which pro-vides for the punishment of any-one who tampers with a witness,victim, or informant.22 This pro-tection begins from the reportingstage of a crime to the conclusionof the trial testimony. All U.S.

citizens inherit a legal obligationto provide testimony in criminaland civil proceedings, and theU.S. Supreme Court has heldthat not even the fear of deathcan obviate this requirement.23

Despite the chance that harmcould result from such testi-mony, the government does nothave any legal obligation to pro-vide any level of protection to awitness.24

Policies and StatutoryProvisions

Since the creation of the Pro-gram by the Organized Crime

safety of the witness.17 Al-

though Justice Whites notationto a witness safety appears to bethe first time this specific issuewas raised, since that time, thebalance between the need toprotect a witness identity andthe right to confront a witness incourt has been considered bymany federal and state courts andstate legislatures.

In federal courts, as a generalrule, if the informants identity is

essential or even relevant, itmust be provided.18 To refutethis, the government must estab-lish the existence of an actualthreat.19 Similarly, New York

In federal courts,as a general rule,if the informants

identity isessential or evenrelevant, it must

be provided.


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Control Act of 197025 andamended by the ComprehensiveCrime Control Act of 1984,26

more than 7,500 witnesses and9,500 family members have beenafforded protection, which in-cludes establishing new identi-ties in new locations.27 The attor-ney general has the sole authorityto admit witnesses and their im-mediate families into the Pro-gram.28 Although many parts ofthe governing statute and poli-cies refer to the attorneygenerals authority, this author-

ity has been delegated by the at-torney general and is exercisedby the senior associate directorof the OEO who has been desig-nated the director of the WitnessSecurity Program and, in his ab-sence, the director of the OEO.29

While investigative agenciesmaintain polices regarding theuse of the Program,30 the govern-ing policy is promulgated by

the OEO and can be found inthe U.S. Attorneys Manual(USAM) 9-21.000 et seq. Fortime-critical situations involvingimminent danger where the in-vestigative agency cannot pro-vide the necessary security, theUSAM sections 3-7.340 and 9-21.220 provide guidance con-cerning the Emergency WitnessAssistance Program and authori-zation procedures for emergency

Program protection.31 Typically,Program protection will be au-thorized only after the USMShas completed a preliminary in-terview to determine whether the

witness would be eligible forrelocation consideration, theOEO has received all of the in-

formation necessary to make adetermination that the witness isessential to a significant pros-ecution and is endangered as aresult, and no other alternativeexists but to enter the Program.32

During the preliminary inter-view, the witness will be given ageneral explanation of the ser-vices provided in the Program.33

application for such assistance.34

Once the witness is authorized toparticipate in the Program, the

prosecutor must contact theOEO to arrange the appearance,date, time, place, and anticipatedduration of appearances for allcase-related matters. All pretrialconferences and briefings in-volving witnesses in the Pro-gram are conducted at neutralsites determined by the USMSafter OEO approval.35

For example, one federal in-vestigative agency, the DEA,

recognizes two levels of protec-tive status in the Program.36 Un-der the Full Program Services,name changes and relocationsare provided for the witness andhis family. The less often used isthe Special Limited Servicethat was developed for foreignnationals who face deportationand a threat in their own country.Although this does not provide a

new identity to the witness, itsuspends deportation proceed-ings against the witness.

Prior to requesting a wit-ness admission into the Pro-gram, an investigative agencymust consider several issues. Forexample, the DEA sets forth thefollowing criteria:

The witness must be anestablished (registered and

vetted) DEA ConfidentialSource of Informationbefore entering the Program.

The witness anticipatedtestimony must be essential

Each investigative agency,whether federal, state or local,must submit its initial request forplacing a witness into the Pro-gram to the OEO. The investiga-tive agency first must requestsuch assistance through the U.S.Attorneys Office for the districtin which the investigative activ-ity is to occur or, alternatively,

where charges against the targetwill be filed. The U.S. Depart-ment of Justice, Criminal Divi-sion Section Chiefs/Office Di-rectors, also can submit an

PhotoDisc


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May 2004 / 29

in the prosecution of themost significant violators.

There exists a clear threat to

the witness or his family or,alternatively, a documentedpattern of violence by thedefendants/associates.

The witness must accept allsecurity precautions (includ-ing a name change) man-dated by the USMS.

The witness cannot have anyoutstanding criminalcharges against him.

The witness understandsthat the Program is designedto make him legallyself-sufficient.37

The first step that an investi-gative agency must undertake torequest a witness for the Pro-gram is to work with the pros-ecuting U.S. Attorneys Officeon completion of an OEO Wit-ness Security Unit application.

The application includes the an-ticipated witness testimony andits necessity to a successful pros-ecution, the witness cooperationand criminal history, the threatposed to the witness, and the riskthe witness (and his family) maypresent to a new community.38

The application is submitted toOEO by the U.S. Attorneys Of-fice.39 The investigative agencyalso must prepare a threat as-sessmentto be sent to OEO. Thisreport includes

a synopsis of the investiga-tive records;

a summary of the defendantsand the criminal organiza-tion;

the witness involvement inthe illegal activities beingprosecuted;

alternatives to placing thewitness in the Program andwhy there is no alternative,

or why they will not work; whether the prosecution can

secure similar testimonyfrom other sources;

significance of the antici-pated testimony;

whether the need for thetestimony outweighs the riskof danger he or his familyposes to the public;

any child custody issues andhistory of spousal abuse;and

the witness income and thePrograms impact on thisincome.41

There was a time whencourts held that witness protec-tion statutes contemplate onlythe protection of witnesses andtheir familiesnot protection ofthe public from the witnesses.42

The Witness Security ReformAct of 1984 changed this posi-tion by requiring the attorneygeneral to consider the danger aprotected witness poses to therelocation community.43 Oncethe assessments are completed,the DEA Chief of OperationsManagement forwards the reportto the OEO.44 DEA agents do nothave to prepare a risk assessment

for an incarcerated witness un-less that witness will remain inthe Program after his release.However, all persons who maypose a threat to the prisoner/

details of any direct orpotential threats to thewitness or his family; and

specific biographical infor-mation as to the defendants,the witness associates andfamily members, and thosewho represent a threat to thewitness.40

A risk assessment also isrequired and must address thefollowing issues:

significance of the investiga-tion or case in which thewitness is cooperating;

possible danger the witnessand his family poses to thenew relocation community;

State and localagencies can request

that a witness (andhis family) involved

in an organizedcriminal activity orother serious offense

be placed into theProgram.

FBI Law Enforcement Bulletin - May04leb

Documents

Transcript of FBI Law Enforcement Bulletin - May04leb