Part 1: The Basis for Modern Policing Chapter 3: Police Jurisdiction

© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.The Police: An Introduction, Fourth Edition

By Michael D. Lyman© 2010, 2005, 2002, 1999 Pearson Higher Education, Inc.

Pearson Prentice Hall - Upper Saddle River, NJ 07458

Chapter 3:Chapter 3:Police JurisdictionPolice Jurisdiction

Part 1: The Basis for Modern PolicingPart 1: The Basis for Modern PolicingChapter 3: Police JurisdictionChapter 3: Police Jurisdiction





This Chapter will enable you to…This Chapter will enable you to…

• Understand the operational roles ofUnderstand the operational roles ofvarious police agencies.various police agencies.

• Learn the different types of lineLearn the different types of lineand staff services provided byand staff services provided bypolice agencies.police agencies.

• Learn the new structure of federalLearn the new structure of federallaw enforcement agencies.law enforcement agencies.

• Understand the new priorities of federal law Understand the new priorities of federal law enforcement.enforcement.

• Understand the specific duties of officers workingUnderstand the specific duties of officers workingas municipal, county, and state police.as municipal, county, and state police.





This Chapter will enable you to…This Chapter will enable you to…

• Distinguish between variousDistinguish between variousagencies operating at theagencies operating at thefederal level.federal level.

• Determine how private policingDetermine how private policingdiffers/interacts with public-differs/interacts with public-sector policing.sector policing.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionPOLICE JURISDICTIONPOLICE JURISDICTION

• Law enforcement agencies receive much credit when Law enforcement agencies receive much credit when the news concerning crime in this country is good.the news concerning crime in this country is good.– And the lion's share of the blame when it is bad. And the lion's share of the blame when it is bad.

• Police officers symbolize our criminal justice system Police officers symbolize our criminal justice system for many Americans who may never see the insidefor many Americans who may never see the insideof a courtroom or a prison cell. of a courtroom or a prison cell.

• The role of the police is constantly debated as well. The role of the police is constantly debated as well. – Is their primary mission to fight crime?Is their primary mission to fight crime?– Should they also be concerned with social conditions Should they also be concerned with social conditions

that presumably lead to crime?that presumably lead to crime?




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionPOLICE JURISDICTIONPOLICE JURISDICTION

• U.S. policing exists in a system of checks & balances, U.S. policing exists in a system of checks & balances, operating in the executive branch of government.operating in the executive branch of government.– The framers of our Constitution believed certain guiding The framers of our Constitution believed certain guiding

principles should govern police work in a modern society. principles should govern police work in a modern society.

• There is a fundamental assumption that a police There is a fundamental assumption that a police organization & the community it serves should agree organization & the community it serves should agree on values that guide police policy and crime control.on values that guide police policy and crime control.

• Although the police culture has remained basically Although the police culture has remained basically stable over the past few decades, the culture of the stable over the past few decades, the culture of the community is anything but predictable, with dramatic community is anything but predictable, with dramatic demographic changes occurring constantly.demographic changes occurring constantly.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionTHE NUMBER OF POLICETHE NUMBER OF POLICE

• Police work is a "multilayer ring" of law enforcement, Police work is a "multilayer ring" of law enforcement, with over 14,330 law enforcement agencies in the with over 14,330 law enforcement agencies in the United States employing nearly 990,000 people. United States employing nearly 990,000 people. – 3,088 sheriff's departments.3,088 sheriff's departments.– 1,332 special police agencies.1,332 special police agencies.– 49 state police departments. (Hawaii is the exception)49 state police departments. (Hawaii is the exception)– 70 federal law enforcement agencies.70 federal law enforcement agencies.

• Though most police sworn personnel are classified Though most police sworn personnel are classified as full-time, many have part-time employee status. as full-time, many have part-time employee status. – In addition to sworn officers, many nonsworn or civilian In addition to sworn officers, many nonsworn or civilian

personnel positions exist in police agencies. personnel positions exist in police agencies.





• Civilian personnel have no statutory power to make Civilian personnel have no statutory power to make arrests or perform other special police functions. arrests or perform other special police functions. – They perform secondary support or staff functions. They perform secondary support or staff functions.

• Police agencies are unique in size, operation, and Police agencies are unique in size, operation, and mission, with great autonomy in which administrative mission, with great autonomy in which administrative & functional decisions are made in-house. & functional decisions are made in-house.

• Each operates within the framework of a larger Each operates within the framework of a larger bureaucratic structure. bureaucratic structure. – The FBI is located in the Department of Justice, which The FBI is located in the Department of Justice, which

exists within the framework of the federal government. exists within the framework of the federal government.





• Most police agencies enjoy broad powers of Most police agencies enjoy broad powers of discretion, with each afforded a mission to guide its discretion, with each afforded a mission to guide its function & help establish enforcement priorities. function & help establish enforcement priorities. – Departments usually focus efforts on controlling crimesDepartments usually focus efforts on controlling crimes

& situations posing greatest concern to the community.& situations posing greatest concern to the community.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionTHE EXPANSION OF FEDERAL THE EXPANSION OF FEDERAL

LAW ENFORCEMENTLAW ENFORCEMENT

• The 1967 Report of the U.S. President's Commission The 1967 Report of the U.S. President's Commission on Law Enforcement and Administration of Justice on Law Enforcement and Administration of Justice emphasized the need for greater federal involvement emphasized the need for greater federal involvement in local crime control.in local crime control.– Urging federal grants support criminal justice efforts. Urging federal grants support criminal justice efforts.

• Congress has allocated billions of dollars and passed Congress has allocated billions of dollars and passed legislation to deal with street crime, the war on drugs, legislation to deal with street crime, the war on drugs, violent crime, terrorism & juvenile delinquency. violent crime, terrorism & juvenile delinquency.

• Because many crimes span state borders, we no Because many crimes span state borders, we no longer think of crimes as being committed at a single longer think of crimes as being committed at a single location within a single state.location within a single state.






• Congress has expanded the powers of the FBI and Congress has expanded the powers of the FBI and other federal agencies to pursue criminal activities other federal agencies to pursue criminal activities formerly the responsibility of the states.formerly the responsibility of the states.

• Disputes over jurisdiction may occur when an offense Disputes over jurisdiction may occur when an offense violates both state & federal laws, and if the FBI and violates both state & federal laws, and if the FBI and local agencies do not cooperate, they may each be local agencies do not cooperate, they may each be pursuing the same criminals. pursuing the same criminals. – This can have major implications if the court to which the This can have major implications if the court to which the

case is brought is determined by the arresting agency. case is brought is determined by the arresting agency.

• Usually, law enforcement officials at all levels of Usually, law enforcement officials at all levels of government seek to cooperate & coordinate efforts.government seek to cooperate & coordinate efforts.






• After the September 11 attacks, the FBI and other After the September 11 attacks, the FBI and other law enforcement agencies focused resources and law enforcement agencies focused resources and efforts on investigating and preventing terrorist efforts on investigating and preventing terrorist threats against the United States.threats against the United States.– So many FBI agents were switched to antiterrorist So many FBI agents were switched to antiterrorist

initiatives that some observers claimed other federal initiatives that some observers claimed other federal crimes were no longer being vigorously investigated. crimes were no longer being vigorously investigated.

• The reorientation of the FBI's priorities is just one The reorientation of the FBI's priorities is just one aspect of changes in federal government agencies aspect of changes in federal government agencies as they address the threat of terrorism. as they address the threat of terrorism.






• The Transportation Security Administration (TSA) The Transportation Security Administration (TSA) assumed responsibility for protecting travelers and assumed responsibility for protecting travelers and interstate commerce. interstate commerce. – Most importantly, responsibility for screeningMost importantly, responsibility for screening

passengers & luggage at airports. passengers & luggage at airports.

• The biggest change in criminal justice occurred in The biggest change in criminal justice occurred in November 2002, when Congress acted to create a November 2002, when Congress acted to create a new Department of Homeland Security (DHS). new Department of Homeland Security (DHS). – To centralize administration & coordination of existing To centralize administration & coordination of existing

agencies scattered through many departments.agencies scattered through many departments.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionFEDERAL LAW ENFORCEMENT FEDERAL LAW ENFORCEMENT

AGENCIESAGENCIES

• Federal agencies are authorized, typically by Federal agencies are authorized, typically by Congress, to enforce specific laws or attend to Congress, to enforce specific laws or attend to specific situations.specific situations.– Unlike local police, who deal with all forms of crime. Unlike local police, who deal with all forms of crime.

• The federal government maintains about 50 agencies The federal government maintains about 50 agencies that play a role in law enforcement.that play a role in law enforcement.– Federal agents possess full police powers, carry guns Federal agents possess full police powers, carry guns

and badges, make arrests, collect evidence, and testify and badges, make arrests, collect evidence, and testify in criminal court proceedings.in criminal court proceedings.

• It can be easy to become confused about theIt can be easy to become confused about theauthority of federal law enforcement agencies. authority of federal law enforcement agencies.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionFEDERAL LAW ENFORCEMENT FEDERAL LAW ENFORCEMENT

AGENCIESAGENCIES

• Federal agencies are authorized to enforce only Federal agencies are authorized to enforce only federal statutes enacted by Congress. federal statutes enacted by Congress. – Specialization & relatively narrow focus of authority Specialization & relatively narrow focus of authority

characterize federal law enforcement agencies. characterize federal law enforcement agencies.

• Congress has been reluctant to empower any one Congress has been reluctant to empower any one agency with too much federal enforcement authority.agency with too much federal enforcement authority.– Preventing a "national police." Preventing a "national police."

• Federal law enforcement has two related objectives:Federal law enforcement has two related objectives:– 1. To enforce the federal criminal code1. To enforce the federal criminal code– 2. To give officers specialized training to aid them in2. To give officers specialized training to aid them in

their enforcement roletheir enforcement role




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionADDRESSING THEADDRESSING THE

TERRORISM THREATTERRORISM THREAT

• In the aftermath of the September 11, 2001 attacks,In the aftermath of the September 11, 2001 attacks,it became obvious that the nation was not prepared it became obvious that the nation was not prepared to deal adequately with the threat of terrorism. to deal adequately with the threat of terrorism. – One reason is the very nature of American society. One reason is the very nature of American society.

• Sensing this problem, law enforcement agencies Sensing this problem, law enforcement agencies around the country began to realign their resources around the country began to realign their resources to combat future terrorist attacks. to combat future terrorist attacks.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionTHE DEPARTMENT OF THE DEPARTMENT OF

HOMELAND SECURITYHOMELAND SECURITY

• On November 19, 2002, Congress passed legislation On November 19, 2002, Congress passed legislation authorizing the creation of the new cabinet-level authorizing the creation of the new cabinet-level Department of Homeland Security (DHS).Department of Homeland Security (DHS).– “…“…providing for intelligence analysis and infrastructure providing for intelligence analysis and infrastructure

protection, strengthening our borders, improving the use protection, strengthening our borders, improving the use of science and technology to counter weapons of mass of science and technology to counter weapons of mass destruction, and creating a comprehensive responsedestruction, and creating a comprehensive responseand recovery division."and recovery division."

• Under the legislation, signed by President Bush, the Under the legislation, signed by President Bush, the office folded existing agencies within its frameworkoffice folded existing agencies within its frameworkto create a super-agency with four divisions.to create a super-agency with four divisions.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionBORDER & TRANSPORTATION BORDER & TRANSPORTATION

SECURITYSECURITY

• DHS is responsible for securing our nation's borders DHS is responsible for securing our nation's borders & transportation systems, including 350 ports of entry. & transportation systems, including 350 ports of entry.

• The department manages who and what enters the The department manages who and what enters the United States and works to prevent entry of terrorists United States and works to prevent entry of terrorists and the instruments of terrorism.and the instruments of terrorism.

• The border security mission incorporates the…The border security mission incorporates the…– Customs Service; INS and Border Patrol.Customs Service; INS and Border Patrol.– The Animal and Plant Health Inspection Service.The Animal and Plant Health Inspection Service.– The TSA. The TSA. – The Federal Protective Service. The Federal Protective Service. – The U.S. Coast Guard.The U.S. Coast Guard.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionEMERGENCY PREPAREDNESS EMERGENCY PREPAREDNESS

AND RESPONSEAND RESPONSE

• The DHS ensures preparedness of emergency The DHS ensures preparedness of emergency response professionals, provides the federal response professionals, provides the federal government's response & aids America's recovery government's response & aids America's recovery from terrorist attacks and natural disasters. from terrorist attacks and natural disasters. – To fulfill these missions, the DHS incorporates FEMA. To fulfill these missions, the DHS incorporates FEMA.

• The department will coordinate the involvement of The department will coordinate the involvement of other federal response assets such as the National other federal response assets such as the National Guard, in the event of a major incident.Guard, in the event of a major incident.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionSCIENCE & TECHNOLOGYSCIENCE & TECHNOLOGY

• The DHS leads the federal government's efforts in The DHS leads the federal government's efforts in preparing for & responding to the full range of threats preparing for & responding to the full range of threats involving weapons of mass destruction. involving weapons of mass destruction. – The mission includes exercises & drills for federal, state, The mission includes exercises & drills for federal, state,

and local chemical, biological, radiological, and nuclear and local chemical, biological, radiological, and nuclear (CBRN) response teams and plans. (CBRN) response teams and plans.

• The department also works to prevent importation of The department also works to prevent importation of nuclear weapons and material. nuclear weapons and material. – It also develops, deploys, manages, and maintains a It also develops, deploys, manages, and maintains a

national system for detecting use of biological agents.national system for detecting use of biological agents.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionINFORMATION ANALYSIS & INFORMATION ANALYSIS &

INFRASTRUCTURE PROTECTIONINFRASTRUCTURE PROTECTION

• The DHS analyzes legally accessible information The DHS analyzes legally accessible information from multiple available sources.from multiple available sources.– Including intelligence, CIA, FBI, National Security Including intelligence, CIA, FBI, National Security

Agency, and local law enforcement. Agency, and local law enforcement.

• The DHS protects the nation's cyber-infrastructureThe DHS protects the nation's cyber-infrastructureby unifying & focusing key cyber-security activities. by unifying & focusing key cyber-security activities. – The department augments those capabilities with the The department augments those capabilities with the

response functions of the Federal Computer Incident response functions of the Federal Computer Incident Response Center. Response Center.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionCUSTOMS & BORDER CUSTOMS & BORDER

PROTECTIONPROTECTION

• The priority mission of CBP is to prevent terrorists & The priority mission of CBP is to prevent terrorists & terrorist weapons from entering the United States. terrorist weapons from entering the United States. – The transition to The transition to cbp.govcbp.gov is a work in progress. is a work in progress.

• CBP also is responsible for… CBP also is responsible for… – Apprehending those attempting to enter the U.S. illegally.Apprehending those attempting to enter the U.S. illegally.– Stemming the flow of illegal drugs & other contraband.Stemming the flow of illegal drugs & other contraband.– Protecting our agricultural & economic interests from Protecting our agricultural & economic interests from

harmful pests and diseases.harmful pests and diseases.– Protecting business from theft of intellectual property.Protecting business from theft of intellectual property.– Regulating & facilitating international trade, collecting Regulating & facilitating international trade, collecting

import duties, and enforcing U.S. trade laws.import duties, and enforcing U.S. trade laws.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionCUSTOMS & BORDER CUSTOMS & BORDER

PROTECTIONPROTECTION

• To accomplish its missions, CBP has a workforce of To accomplish its missions, CBP has a workforce of more than 40,000 dedicated employees. more than 40,000 dedicated employees. – Inspectors, canine enforcement officers, border patrol Inspectors, canine enforcement officers, border patrol

agents, trade specialists, and mission support staff. agents, trade specialists, and mission support staff.

• The U.S. is combining skills &The U.S. is combining skills &resources to make the countryresources to make the countrymore effective & efficient thanmore effective & efficient thanwhen border responsibilitieswhen border responsibilitieswere fragmented into fourwere fragmented into fouragencies in three departments.agencies in three departments.

Fig. 3.1Fig. 3.1 Armed National Guard personnel in U.S. airports became Armed National Guard personnel in U.S. airports became common in the aftermath of terrorist bombings of September 11, 2001. common in the aftermath of terrorist bombings of September 11, 2001.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionBUREAU OF IMMIGRATION & BUREAU OF IMMIGRATION &

CUSTOMS ENFORCEMENTCUSTOMS ENFORCEMENT

• In March, 2003, several border & security agencies, In March, 2003, several border & security agencies, were reorganized into the Bureau of Immigration and were reorganized into the Bureau of Immigration and Customs Enforcement (ICE ), part of the DHS.Customs Enforcement (ICE ), part of the DHS.

• The ICE comprises the following program areas:The ICE comprises the following program areas:– Immigration Investigations. Immigration Investigations. – Customs Investigations. Customs Investigations. – Customs Air and Marine Interdiction. Customs Air and Marine Interdiction. – Federal Protective Service. Federal Protective Service. – Detention and Removal. Detention and Removal. – Immigration Intelligence. Immigration Intelligence. – Customs Intelligence. Customs Intelligence.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionTHE DEPARTMENT OF JUSTICETHE DEPARTMENT OF JUSTICE

• The U.S. Department of Justice role in controlling The U.S. Department of Justice role in controlling crime comes through police practices, prosecution, crime comes through police practices, prosecution, crime prevention, and rehabilitation of offenders. crime prevention, and rehabilitation of offenders. – Within the Department are the FBI, the DEA, and the Within the Department are the FBI, the DEA, and the

U.S. Marshal's Service.U.S. Marshal's Service.

• The terrorist attacks of 2001 necessitated some The terrorist attacks of 2001 necessitated some degree of reorganization within the DOJ.degree of reorganization within the DOJ.– Of the 65 components of the Department of Justice, Of the 65 components of the Department of Justice,

organizations having the greatest responsibility for law organizations having the greatest responsibility for law enforcement are the FBI, DEA, ATF, the U.S. Marshal's enforcement are the FBI, DEA, ATF, the U.S. Marshal's Service, and the U.S. Attorney's Offices.Service, and the U.S. Attorney's Offices.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionFEDERAL BUREAUFEDERAL BUREAU

OF INVESTIGATIONOF INVESTIGATION

• Originally established in 1908, the bureau was active Originally established in 1908, the bureau was active in countering German espionage during World War I.in countering German espionage during World War I.– Like many police organizations operating during thisLike many police organizations operating during this

era, the FBI was inundated with political appointees.era, the FBI was inundated with political appointees.

• During this period, young J. Edgar Hoover began hisDuring this period, young J. Edgar Hoover began hiscareer as a law clerk with the Department of Justice. career as a law clerk with the Department of Justice. – In 1918 he was promoted to the General Criminal In 1918 he was promoted to the General Criminal

Investigation Division, pursuing communist agents.Investigation Division, pursuing communist agents.– In 1921, Hoover was named FBI assistant director. In 1921, Hoover was named FBI assistant director. – His progression to director of the bureau in 1924 was His progression to director of the bureau in 1924 was

almost soley due to the Teapot Dome scandal. almost soley due to the Teapot Dome scandal.






• During the 1930s, the FBI gained notoriety in its During the 1930s, the FBI gained notoriety in its relentless pursuit of well-known criminals who had relentless pursuit of well-known criminals who had made the bureau's famous “ten most wanted” list.made the bureau's famous “ten most wanted” list.– Machine Gun Kelly; Baby Face Nelson; Pretty Boy Machine Gun Kelly; Baby Face Nelson; Pretty Boy

Floyd; Bonnie Parker & Clyde Barrow; John Dillinger. Floyd; Bonnie Parker & Clyde Barrow; John Dillinger.

• In 1935, the bureau changed its name to the FBI, In 1935, the bureau changed its name to the FBI, and today employs over 21,000 people.and today employs over 21,000 people.– 9,000 of whom are special agents, in 59 field offices, 9,000 of whom are special agents, in 59 field offices,

with jurisdiction extending to some 200 crimes. with jurisdiction extending to some 200 crimes.

• The FBI is famous for its Identification Division, which The FBI is famous for its Identification Division, which operates the bureau's automated fingerprint service. operates the bureau's automated fingerprint service.






• The bureau's Intelligence Division gathers and The bureau's Intelligence Division gathers and analyzes data on composition and movement of analyzes data on composition and movement of terrorists and organized criminal organizations. terrorists and organized criminal organizations.

• In 2002, made protecting the U.S. from terrorist In 2002, made protecting the U.S. from terrorist attacks its top commitment.attacks its top commitment.– Hiring agents with scientific & technological skills, Hiring agents with scientific & technological skills,

proficiency in priority foreign languages and proficiency in priority foreign languages and backgrounds such as counter-intelligence, backgrounds such as counter-intelligence, counterterrorism & military intelligence. counterterrorism & military intelligence.

• The cyber-division handles investigations involving The cyber-division handles investigations involving the Internet, computer systems & networks.the Internet, computer systems & networks.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionDRUG ENFORCEMENT DRUG ENFORCEMENT

ADMINISTRATIONADMINISTRATION

• The DEA had its beginnings with the passing of the The DEA had its beginnings with the passing of the 1914 Harrison Narcotics Act, under Woodrow Wilson.1914 Harrison Narcotics Act, under Woodrow Wilson.– Viewed by many as a rational way to limit addictionViewed by many as a rational way to limit addiction

and drug abuse through taxation & regulation. and drug abuse through taxation & regulation.

• One measure of the act called for criminal penalties One measure of the act called for criminal penalties for "nonregistered" personnel who possessed heroin, for "nonregistered" personnel who possessed heroin, cocaine, opium, morphine, or their derivatives. cocaine, opium, morphine, or their derivatives. – The Bureau of Internal Revenue's "Miscellaneous The Bureau of Internal Revenue's "Miscellaneous

Division" was charged with enforcement of the act. Division" was charged with enforcement of the act. – Rigorous enforcement of the act made enforcement Rigorous enforcement of the act made enforcement

history through a literal interpretation of the law.history through a literal interpretation of the law.






• The 1919 Volstead Act was enacted to enforce the The 1919 Volstead Act was enacted to enforce the Eighteenth Amendment, and an immense prohibition Eighteenth Amendment, and an immense prohibition unit formed & operated under the Revenue Bureau.unit formed & operated under the Revenue Bureau.

• A small narcotics division within the bureau became A small narcotics division within the bureau became the Federal Bureau of Narcotics (FBN) in 1930.the Federal Bureau of Narcotics (FBN) in 1930.– Headed by Harry Anslinger, a Herbert Hoover appointee. Headed by Harry Anslinger, a Herbert Hoover appointee.

• Experts attributed Anslinger's effectiveness to his Experts attributed Anslinger's effectiveness to his being…being…– “…“…successful in cultivating and sustaining solid political successful in cultivating and sustaining solid political

ties … making him virtually immune to opposition within ties … making him virtually immune to opposition within or outside federal government."or outside federal government."






• In the 1930s, marijuana, not covered in the Harrison In the 1930s, marijuana, not covered in the Harrison Act, was deemed to be a major problem. Act, was deemed to be a major problem. – Under public pressure, Congress passed the 1937 Under public pressure, Congress passed the 1937

Marijuana Tax Act, requiring a fine of $100 for each Marijuana Tax Act, requiring a fine of $100 for each ounce of possession of nontaxed marijuana. ounce of possession of nontaxed marijuana.

– The 1951 Boggs Act made it illegal for heroin to be The 1951 Boggs Act made it illegal for heroin to be distributed in any fashion, including prescriptions. distributed in any fashion, including prescriptions.

– The 1960s saw an increase in drug trafficking & abuse.The 1960s saw an increase in drug trafficking & abuse.

• The major problem of synthetic drugs led to the 1968 The major problem of synthetic drugs led to the 1968 creation of the Bureau of Narcotics and Dangerous creation of the Bureau of Narcotics and Dangerous Drugs (BNDD).Drugs (BNDD).






• As popularity of cocaine, LSD & PCP increased, As popularity of cocaine, LSD & PCP increased, Congress passed the Comprehensive Drug Abuse Congress passed the Comprehensive Drug Abuse Prevention and Control Act of 1970. Prevention and Control Act of 1970. – This new law updated all previous federal legislationThis new law updated all previous federal legislation

and was the basis for all federal enforcement initiatives. and was the basis for all federal enforcement initiatives. – It established five schedules to classify substances It established five schedules to classify substances

according to their potential for abuse. according to their potential for abuse.

• In 1973, the old BNDD was merged with other In 1973, the old BNDD was merged with other federal drug control agencies, and the Drug federal drug control agencies, and the Drug Enforcement Administration (DEA) was originated Enforcement Administration (DEA) was originated and placed under the Department of Justice. and placed under the Department of Justice.






• The DEA's charge is to focus onThe DEA's charge is to focus on– “…“…most significant individuals most significant individuals

and organizations involved in and organizations involved in drug trafficking both domestically drug trafficking both domestically and internationallyand internationally." ."

– Investigations may entail foreign Investigations may entail foreign & domestic criminal operations. & domestic criminal operations.

• The DEA adopted a "floating" The DEA adopted a "floating" enforcement strategy, shiftingenforcement strategy, shiftingto meet demands of traffickers to meet demands of traffickers who are always changing their who are always changing their methods. methods.

Fig. 3.2Fig. 3.2 Drug Enforcement Drug Enforcement Administration agent with automatic Administration agent with automatic weapon guarding a large seizure of weapon guarding a large seizure of multiple kilos of cocaine in Miami, multiple kilos of cocaine in Miami, Florida. Florida.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionTREASURY DEPARTMENT TREASURY DEPARTMENT

DUTIES & FUNCTIONSDUTIES & FUNCTIONS

• U.S. Treasury's enforcement functions focus on U.S. Treasury's enforcement functions focus on counterterrorist financing, money laundering and counterterrorist financing, money laundering and other financial crimes, counterfeiting, violent crime, other financial crimes, counterfeiting, violent crime, tariffs, trade enforcement & economic sanctions.tariffs, trade enforcement & economic sanctions.– The undersecretary is responsible for coordinatingThe undersecretary is responsible for coordinating

all Treasury Department law enforcement matters.all Treasury Department law enforcement matters.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionCHANGES IN TREASURY CHANGES IN TREASURY

DEPARTMENT ORGANIZATIONDEPARTMENT ORGANIZATION

• In March 2003, the Federal Law Enforcement In March 2003, the Federal Law Enforcement Training Center, the United States Secret Service, Training Center, the United States Secret Service, and the United States Customs Service were moved and the United States Customs Service were moved to the DHS from the Department of the Treasury. to the DHS from the Department of the Treasury. – Law Enforcement functions of the Bureau of Alcohol, Law Enforcement functions of the Bureau of Alcohol,

Tobacco, Firearms, and Explosives was transferredTobacco, Firearms, and Explosives was transferredto the Department of Justice. to the Department of Justice.

• The Alcohol Tax and Trade Bureau was created to The Alcohol Tax and Trade Bureau was created to enforce & administer the laws covering production, enforce & administer the laws covering production, use, and distribution of alcohol & tobacco products.use, and distribution of alcohol & tobacco products.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionFINANCIAL CRIMES FINANCIAL CRIMES

ENFORCEMENT NETWORKENFORCEMENT NETWORK

• The Financial Crimes Enforcement Network The Financial Crimes Enforcement Network (FinCEN) brings people & information together(FinCEN) brings people & information togetherto fight the problem of money laundering. to fight the problem of money laundering.

• FinCEN is a small bureau of about 200 employees. FinCEN is a small bureau of about 200 employees. – Most of the staff are intelligence professionals, financial Most of the staff are intelligence professionals, financial

specialists and computer experts. specialists and computer experts. – About 40 long-term "detailees" are assigned to FinCEN About 40 long-term "detailees" are assigned to FinCEN

from 21 regulatory & law enforcement agencies.from 21 regulatory & law enforcement agencies.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionFINANCIAL CRIMES FINANCIAL CRIMES

ENFORCEMENT NETWORKENFORCEMENT NETWORK

• FinCEN uses counter-money laundering laws of the FinCEN uses counter-money laundering laws of the Bank Secrecy Act (BSA) to require reporting & record Bank Secrecy Act (BSA) to require reporting & record keeping by banks and other financial institutions. keeping by banks and other financial institutions. – Preserving a financial trail for investigators to followPreserving a financial trail for investigators to follow

as they track criminals and their assets. as they track criminals and their assets. – The BSA also requires reporting suspicious currency The BSA also requires reporting suspicious currency

transactions that could trigger investigations. transactions that could trigger investigations.

• FinCEN's work is concentrated on combining data FinCEN's work is concentrated on combining data reported under the BSA with other government and reported under the BSA with other government and public information. public information. – This information is then disclosed to law enforcement.This information is then disclosed to law enforcement.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionSTATE-LEVEL POLICE STATE-LEVEL POLICE

AGENCIESAGENCIES

• The most visible state law enforcement agency isThe most visible state law enforcement agency isthe state police or highway patrol agency. the state police or highway patrol agency.

• Historically, state police agencies were created for Historically, state police agencies were created for four reasons:four reasons:– To assist local agencies, without adequate resourcesTo assist local agencies, without adequate resources

or training to handle their law enforcement tasksor training to handle their law enforcement tasks– To investigate criminals or committees that cross To investigate criminals or committees that cross

jurisdictional boundaries.jurisdictional boundaries.– To provide law enforcement in rural and other areasTo provide law enforcement in rural and other areas

that do not have local or county police agenciesthat do not have local or county police agencies– To break strikes and control labor movementsTo break strikes and control labor movements





AGENCIESAGENCIES

• State police agencies have statewide jurisdiction, State police agencies have statewide jurisdiction, authorized to perform a variety of enforcement tasks. authorized to perform a variety of enforcement tasks. – They provide the same services as city or county police They provide the same services as city or county police

departments, limited only by the boundaries of the state. departments, limited only by the boundaries of the state.

• Highway patrols authority is limited either by their Highway patrols authority is limited either by their jurisdiction or specific types of offenses they havejurisdiction or specific types of offenses they havethe authority to control. the authority to control. – Most highway patrols concentrate on regulating traffic, Most highway patrols concentrate on regulating traffic,

and limit their activity to state and federal highways.and limit their activity to state and federal highways.

• Trying to determine what state agency has which Trying to determine what state agency has which duties can be confusing. duties can be confusing.





AGENCIESAGENCIES

• 35 states have investigative agencies that are 35 states have investigative agencies that are independent of the state police or Highway Patrol. independent of the state police or Highway Patrol. – Each state has its own methods of determiningEach state has its own methods of determining

the jurisdictions of these various organizations.the jurisdictions of these various organizations.

• State police are usually complementary to law State police are usually complementary to law enforcement agencies, run crime labs to assist local enforcement agencies, run crime labs to assist local investigations & keep statewide intelligence files. investigations & keep statewide intelligence files.

• State police officers patrol state parks, protect state State police officers patrol state parks, protect state legislative personnel & properties, conduct motor legislative personnel & properties, conduct motor vehicle license examinations, enforce fish and vehicle license examinations, enforce fish and wildlife laws, and evaluate permits for pistols. wildlife laws, and evaluate permits for pistols.





AGENCIESAGENCIES

• During emergencies such as civil disturbances, state During emergencies such as civil disturbances, state police are commonly brought in for support. police are commonly brought in for support.

• In some jurisdictions, highway patrol organizations In some jurisdictions, highway patrol organizations may employ investigators to probe certain types of may employ investigators to probe certain types of criminal activity, such as organized crime, vice, drug criminal activity, such as organized crime, vice, drug violations, fraud, and gambling.violations, fraud, and gambling.

• Most states employ officers to enforce safety and Most states employ officers to enforce safety and health codes, such as the state fire marshal's office.health codes, such as the state fire marshal's office.– Many other examples of state-level enforcement Many other examples of state-level enforcement

agencies exist. agencies exist.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionTHE COUNTY SHERIFFTHE COUNTY SHERIFF

• A vestige of the English A vestige of the English Shire ReeveShire Reeve, the sheriff is , the sheriff is still an important figure in American law enforcement. still an important figure in American law enforcement. – Almost every one of the more than 3,000 counties inAlmost every one of the more than 3,000 counties in

the United States (except those in Alaska) has a sheriff. the United States (except those in Alaska) has a sheriff.

• In every state except Rhode Island and Hawaii, In every state except Rhode Island and Hawaii, sheriffs are elected by members of the community. sheriffs are elected by members of the community. – The sheriff is also a politician, and when elected, will The sheriff is also a politician, and when elected, will

sometimes repay political debts by appointing new sometimes repay political debts by appointing new deputies or promoting those who have given support. deputies or promoting those who have given support.

• Over the years, the function of the county sheriffOver the years, the function of the county sheriffhas become infused with local politics. has become infused with local politics.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionTHE COUNTY SHERIFFTHE COUNTY SHERIFF

• It has been suggested to abolish the constitutional It has been suggested to abolish the constitutional authority of the sheriff and empower the office with authority of the sheriff and empower the office with statutory powers only.statutory powers only.– Replacing the department with a police organization Replacing the department with a police organization

under the direction of a county board of commissioners. under the direction of a county board of commissioners. – Under this plan, county law enforcement would operate Under this plan, county law enforcement would operate

free of political influence. free of political influence.

• Besides countywide police and sheriffs' departments, Besides countywide police and sheriffs' departments, other local police personnel operate within counties. other local police personnel operate within counties. – Constables, marshals, or police officers, enforce the law Constables, marshals, or police officers, enforce the law

in communities, such as villages, townships & boroughs.in communities, such as villages, townships & boroughs.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionTHE MUNICIPALTHE MUNICIPAL

POLICE FUNCTIONPOLICE FUNCTION

• The local officer is responsible for a wide spectrumThe local officer is responsible for a wide spectrumof duties, from noise complaints to homicides. of duties, from noise complaints to homicides. – Much criticism of local police departments is based on Much criticism of local police departments is based on

belief that local police are too underpaid or poorlybelief that local police are too underpaid or poorlytrained to handle these various responsibilities. trained to handle these various responsibilities.

• City police derive authority from the state constitution City police derive authority from the state constitution & administrative operations are defined by each & administrative operations are defined by each municipal government. municipal government.






• Today's city police structure includes the following Today's city police structure includes the following characteristics:characteristics:– The adoption of a civil service system.The adoption of a civil service system.– Nomination by petition.Nomination by petition.– Initiative, recall, and referendum.Initiative, recall, and referendum.– The short ballot.The short ballot.– The council-manager form of government.The council-manager form of government.– Nonpartisan elections.Nonpartisan elections.






• Police activities can be divided into two basic Police activities can be divided into two basic functions: line and staff. functions: line and staff. – Line functions involve activities that result in directly Line functions involve activities that result in directly

meeting police service goals. meeting police service goals. – Staff functions help administrators organize &Staff functions help administrators organize &

manage the police agency.manage the police agency.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionLIMITED PURPOSELIMITED PURPOSE

POLICING AGENCIES POLICING AGENCIES

• A wide variety of limited-purpose policing agencies A wide variety of limited-purpose policing agencies have sprung up in each of the 50 states. have sprung up in each of the 50 states. – Many have alcoholic beverage control commissions. Many have alcoholic beverage control commissions. – Most states have fishing & game warden organizations. Most states have fishing & game warden organizations. – Motor vehicle compliance (MVC) agencies monitor Motor vehicle compliance (MVC) agencies monitor

interstate carriers or trucks. interstate carriers or trucks.

• Other limited-purpose policing agencies deal with Other limited-purpose policing agencies deal with white-collar & computer crime, regulate nursing white-collar & computer crime, regulate nursing homes, and provide training to local police homes, and provide training to local police departments.departments.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionPOLICE LINE FUNCTIONS:POLICE LINE FUNCTIONS:

PatrolPatrol

• At the center of police activities is patrol, involving At the center of police activities is patrol, involving deployment of uniformed police personnel on footdeployment of uniformed police personnel on footor in vehicles in designated areas or districts. or in vehicles in designated areas or districts.

• Duties performed by patrol officersDuties performed by patrol officersinclude making arrests, interviewinginclude making arrests, interviewingwitnesses, victims, and suspects, witnesses, victims, and suspects, controlling crowds, intervening in controlling crowds, intervening in family disturbances & public disputes,family disturbances & public disputes,and providing many services toand providing many services tothe general public.the general public.

Fig. 3.3Fig. 3.3 A motorist receives A motorist receivesa traffic citation from an officer. a traffic citation from an officer.





InvestigationInvestigation

• Specialists in criminal investigation, called Specialists in criminal investigation, called detectives, help to solve crime by skillfully detectives, help to solve crime by skillfully questioning witnesses and suspects, gathering questioning witnesses and suspects, gathering evidence at crime scenes, and tracing stolen evidence at crime scenes, and tracing stolen property. property. – Detectives investigate a number of violations, including Detectives investigate a number of violations, including

crimes against persons & crimes against propertycrimes against persons & crimes against property





Vice OperationsVice Operations

• Vice operations are aimed at activities that destroy Vice operations are aimed at activities that destroy the physical, mental, and moral health of the public. the physical, mental, and moral health of the public. – Focused on gambling, drug & liquor violations, Focused on gambling, drug & liquor violations,

pornography, and prostitution. pornography, and prostitution.

• Vice detectives often become involved in organized Vice detectives often become involved in organized crime investigations. crime investigations.

• The patrol division is a key supplier of informationThe patrol division is a key supplier of informationon persons suspected of wrongdoing.on persons suspected of wrongdoing.





Traffic EnforcementTraffic Enforcement

• The traffic enforcement division of the municipal The traffic enforcement division of the municipal police department seeks voluntary citizen police department seeks voluntary citizen compliance with traffic regulations.compliance with traffic regulations.

• An important relationship exists between traffic An important relationship exists between traffic enforcement & other police services.enforcement & other police services.– Stopping a motorist for a routine vehicle check canStopping a motorist for a routine vehicle check can

often result in an arrest for possession of firearmsoften result in an arrest for possession of firearmsor illegal drugs.or illegal drugs.





Juvenile DelinquencyJuvenile Delinquency

• Because laws dealing with juvenile delinquents differ Because laws dealing with juvenile delinquents differ from those dealing with adults, some departments from those dealing with adults, some departments employ specially trained fulltime juvenile officers. employ specially trained fulltime juvenile officers.

• The manner in which departments deal with juveniles The manner in which departments deal with juveniles may vary. may vary. – Some departments may simply rely on traditional police Some departments may simply rely on traditional police

techniques for juvenile matters. techniques for juvenile matters. – Police efforts also focus on identifying children who are Police efforts also focus on identifying children who are

neglected or abused.neglected or abused.





Crime PreventionCrime Prevention

• The philosophy of the crime-prevention function is The philosophy of the crime-prevention function is that crime is both a social and a police problem.that crime is both a social and a police problem.– Members of the community must become involvedMembers of the community must become involved

in the detection of crime in neighborhoods. in the detection of crime in neighborhoods.

• Open dialogue between police and members of the Open dialogue between police and members of the community hopefully provides the impetus to settle community hopefully provides the impetus to settle differences about law enforcement and police differences about law enforcement and police services in communities.services in communities.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionPOLICE STAFF FUNCTIONSPOLICE STAFF FUNCTIONS

• Staff functions are designed to aid administrators in Staff functions are designed to aid administrators in organizing and managing the police department. organizing and managing the police department. – Personnel recruitment, selection, and training; Personnel recruitment, selection, and training;

budgeting; employee services; and public relations. budgeting; employee services; and public relations.

• A police organization is only as effective as its A police organization is only as effective as its personnelpersonnel– Staff function may be the most valuable resource Staff function may be the most valuable resource

committed to the policing process.committed to the policing process.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionSTAFF FUNCTIONS: STAFF FUNCTIONS: Personnel Personnel

Recruitment, Selection & TrainingRecruitment, Selection & Training

• All police agencies must establish methods for All police agencies must establish methods for instituting officer qualifications, recruiting and instituting officer qualifications, recruiting and screening procedures, as well as testing & placing screening procedures, as well as testing & placing personnel in training facilities. personnel in training facilities.

• Ongoing (Ongoing (inserviceinservice) training is also provided by the ) training is also provided by the staff, and the training component keeps officers up-staff, and the training component keeps officers up-to-date on the latest developments in police work. to-date on the latest developments in police work. – Quality of personnel determines character of Quality of personnel determines character of

performance, and ultimately the quality of police performance, and ultimately the quality of police leadership in the community.leadership in the community.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionSTAFF FUNCTIONS:STAFF FUNCTIONS:

BudgetingBudgeting

• The duties of budget officers include fiscal planning The duties of budget officers include fiscal planning and preparation of cost estimates for personnel, and preparation of cost estimates for personnel, facilities, equipment, and programs essential for facilities, equipment, and programs essential for meeting the goals and objectives of the police meeting the goals and objectives of the police organization.organization.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionSTAFF FUNCTIONS: STAFF FUNCTIONS:

Employee ServicesEmployee Services

• The staff must also provide services to police The staff must also provide services to police employees, such as explaining benefits & helping employees, such as explaining benefits & helping them understand the ones to which they are entitled. them understand the ones to which they are entitled. – Health care insurance, sick leave, and death benefits Health care insurance, sick leave, and death benefits

typically are offered.typically are offered.





Public RelationsPublic Relations

• Public relations involves acquainting the community Public relations involves acquainting the community with the practices and programs of the police with the practices and programs of the police department in order to gain public support. department in order to gain public support. – Officers furnish information to the media and workOfficers furnish information to the media and work

with educational and business organizations.with educational and business organizations.





Auxiliary Staff ServicesAuxiliary Staff Services

• A number of important police functions are also A number of important police functions are also considered services provided by staff personnel. considered services provided by staff personnel. – Crime laboratory, property & detention, transportation, Crime laboratory, property & detention, transportation,

communications, and police information systems. communications, and police information systems.

• Because not all police agencies have crime Because not all police agencies have crime laboratories, regional crime laboratories in most laboratories, regional crime laboratories in most states serve agencies from different jurisdictions.states serve agencies from different jurisdictions.

• Police agencies are also responsible for evidence, Police agencies are also responsible for evidence, personal property, and articles of value that are personal property, and articles of value that are confiscated during the course of an investigation. confiscated during the course of an investigation.






• Police departments are charged with responsibility of Police departments are charged with responsibility of maintaining detention facilities for arrested persons. maintaining detention facilities for arrested persons.

• Mobility of police officers is critical in performing Mobility of police officers is critical in performing required police duties in the community. required police duties in the community. – Transportation activities focus on acquisition, use, Transportation activities focus on acquisition, use,

maintenance, cost & safety of police vehicles. maintenance, cost & safety of police vehicles.

• The communications center, lifeline of the police The communications center, lifeline of the police organization, generally consists of three parts: organization, generally consists of three parts: – The telephone system, command & control operations, The telephone system, command & control operations,

and radio communications. and radio communications.






• Police information systems are a staff function that can Police information systems are a staff function that can greatly reduce crime, made up of: greatly reduce crime, made up of: – Reporting, collecting, and recording of crime data.Reporting, collecting, and recording of crime data.– Storing and retrieving information. Storing and retrieving information.

• The reporting phase is thorough documentation ofThe reporting phase is thorough documentation ofall crimes that come to the department's attention. all crimes that come to the department's attention.

• Collecting/recording crime data helps evaluate crime Collecting/recording crime data helps evaluate crime conditions & effectiveness of police operations. conditions & effectiveness of police operations.

• Information storage and retrieval, supports officers Information storage and retrieval, supports officers working in the field by providing quick and accurate working in the field by providing quick and accurate information on request. information on request.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionTHE PROBLEM OF THE PROBLEM OF

FRAGMENTATIONFRAGMENTATION

• The 1967 President's crime commission concluded…The 1967 President's crime commission concluded…– “…“…a fundamental problem confronting law enforcement a fundamental problem confronting law enforcement

today is that of fragmented crime repression efforts today is that of fragmented crime repression efforts resulting from the large number of uncoordinated local resulting from the large number of uncoordinated local governments and law enforcement agencies." governments and law enforcement agencies."

• According to the critics, the first problem is a lack of According to the critics, the first problem is a lack of coordination between agencies in the same area. coordination between agencies in the same area. – Investigators in one department may have information Investigators in one department may have information

that would help solve a crimes in a nearby jurisdiction. that would help solve a crimes in a nearby jurisdiction. – In some cases, agencies compete rather than cooperate In some cases, agencies compete rather than cooperate

with one another on such investigations.with one another on such investigations.






• Fragmentation of responsibility can lead to crime Fragmentation of responsibility can lead to crime displacement, especially with regard to vice crimes. displacement, especially with regard to vice crimes.

• Many experts believe there is a duplication of Many experts believe there is a duplication of services, with resulting increase in costs. services, with resulting increase in costs.

• Fragmentation leads to inconsistent police standards. Fragmentation leads to inconsistent police standards. • The principle of local control is deeply rooted in U.S. The principle of local control is deeply rooted in U.S.

political culture. political culture. – There has always been a very strong fear of a national There has always been a very strong fear of a national

police force in the United States & suspicion of federal police force in the United States & suspicion of federal control of police. control of police.






• Samuel Walker offers two major remedies for Samuel Walker offers two major remedies for fragmentation: fragmentation: – Consolidation. Consolidation. – Contracting. Contracting.

• Some researchers believe that fragmentation is not Some researchers believe that fragmentation is not as serious a problem as others have portrayed it. as serious a problem as others have portrayed it. – A 1970s study found A 1970s study found "informal interagency assistance"informal interagency assistance

is common"is common" and " and "strict duplication of services is almost strict duplication of services is almost nonexistent in the production of direct police services."nonexistent in the production of direct police services."

• The study concluded that small police departments The study concluded that small police departments were not necessarily less efficient than larger ones. were not necessarily less efficient than larger ones.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionPRIVATE POLICEPRIVATE POLICE

• Private police, typically called Private police, typically called private securityprivate security, calls , calls to mind security guards of questionable qualification, to mind security guards of questionable qualification, standing guard at minimal wages. standing guard at minimal wages.

• Before the formation of public police forces, private Before the formation of public police forces, private policing was common in Europe & the United States. policing was common in Europe & the United States.

• In in the late 19th century, the Pinkerton National In in the late 19th century, the Pinkerton National Detective Agency provided industrial spies and Detective Agency provided industrial spies and strikebreakers to thwart labor union activities.strikebreakers to thwart labor union activities.– Wells Fargo & Co., was formed to provide securityWells Fargo & Co., was formed to provide security

for banks and other businesses. for banks and other businesses.





• In recent years private-sector policing functions have In recent years private-sector policing functions have become more complex and important. become more complex and important.

• The aftermath of the September 11 attacks has ledThe aftermath of the September 11 attacks has ledto heightened awareness of the importance of to heightened awareness of the importance of security management & private-sector employees in security management & private-sector employees in handling police functions.handling police functions.– Retail & industrial firms spend nearly as much for private Retail & industrial firms spend nearly as much for private

protection as all localities spend for police protection. protection as all localities spend for police protection. – Many government entities hire private companies to Many government entities hire private companies to

provide security at office buildings or other facilities. provide security at office buildings or other facilities.





• Research has shown an estimated 60,000 private Research has shown an estimated 60,000 private agencies employ more than 1.9 million people. agencies employ more than 1.9 million people. – Businesses, organizations, and individuals together Businesses, organizations, and individuals together

spend about $90 billion on private security yearly. spend about $90 billion on private security yearly.

• Private companies recognize the need to be Private companies recognize the need to be conscientious about protecting assets, including conscientious about protecting assets, including buildings, financial resources, and personnel. buildings, financial resources, and personnel.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionPRIVATE POLICE:PRIVATE POLICE:

FunctionsFunctions

• High-ranking security managers must fulfill multiple High-ranking security managers must fulfill multiple roles that would be handled by separate individuals roles that would be handled by separate individuals in the public sector. in the public sector. – They function as police & fire chiefs, emergency They function as police & fire chiefs, emergency

administrators, and computer security experts. administrators, and computer security experts.

• They combat cyber-criminals, plan security systems, They combat cyber-criminals, plan security systems, fire and other disaster-response plans for buildings & fire and other disaster-response plans for buildings & develop systems to prevent employee theft. develop systems to prevent employee theft.

• Many security personnel are the equivalent of Many security personnel are the equivalent of private-sector detectives, investigating any activity private-sector detectives, investigating any activity that threatens company assets.that threatens company assets.





FunctionsFunctions

• Activities of private security personnel vary greatly.Activities of private security personnel vary greatly.– Some act as guards & call police at any sign of trouble.Some act as guards & call police at any sign of trouble.– Others have power to carry out patrol & investigative Others have power to carry out patrol & investigative

duties similar to those of police officers. duties similar to those of police officers. – Still others rely on their presence and the ability toStill others rely on their presence and the ability to

make a "citizen's arrest" to deter lawbreakers. make a "citizen's arrest" to deter lawbreakers.

• Some states have passed laws giving civil immunity Some states have passed laws giving civil immunity to store personnel who reasonably, but mistakenly to store personnel who reasonably, but mistakenly detained people suspected of shoplifting.detained people suspected of shoplifting.– The Supreme Court has not applied the Miranda rulingThe Supreme Court has not applied the Miranda ruling

to private police.to private police.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionPRIVATE POLICE: Pinkerton PRIVATE POLICE: Pinkerton

National Detective AgencyNational Detective Agency

• The Pinkerton National Detective Agency was one of The Pinkerton National Detective Agency was one of the earliest private security organizations, gaining the earliest private security organizations, gaining renown for a number of accomplishments.renown for a number of accomplishments.– Foiling an assassination attempt on Abraham Lincoln.Foiling an assassination attempt on Abraham Lincoln.– Pursuing famous outlaws, such as Jesse James.Pursuing famous outlaws, such as Jesse James.

• Alan Pinkerton became well known for his Alan Pinkerton became well known for his rogues rogues gallerygallery, a forerunner of today's police "mug book". , a forerunner of today's police "mug book".

• It was the Pinkerton Agency that coined the term It was the Pinkerton Agency that coined the term private eyeprivate eye and its slogan "We never sleep." and its slogan "We never sleep."




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionPRIVATE POLICE: PRIVATE POLICE:

RailroadsRailroads

• During the frontier move west, railroads became During the frontier move west, railroads became victim to a number of train robbers. victim to a number of train robbers. – Private organizations sought to capture such bandits.Private organizations sought to capture such bandits.

• Some railroads hired specialists to pursue the Some railroads hired specialists to pursue the bandits. bandits. – In some cases, baggage cars were equipped with fast In some cases, baggage cars were equipped with fast

horses ridden by sharpshooters. horses ridden by sharpshooters. – In others, strategically placed railroad agents would ride In others, strategically placed railroad agents would ride

trains looking for potential troublemakers.trains looking for potential troublemakers.– Trains would be accompanied by fast-moving single Trains would be accompanied by fast-moving single

locomotives to quickly transport armed railroad agents.locomotives to quickly transport armed railroad agents.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionPRIVATE POLICE: PRIVATE POLICE:

Wells FargoWells Fargo

• Founded in 1852 by Henry Wells & William G. Fargo, Founded in 1852 by Henry Wells & William G. Fargo, it originated as a mail-carrying service, banking it originated as a mail-carrying service, banking institution, and stagecoach line. institution, and stagecoach line.

• Because Wells Fargo carried millions of dollars in Because Wells Fargo carried millions of dollars in gold dust, it developed its own security system. gold dust, it developed its own security system. – Armed guards protected treasure boxes from bandits. Armed guards protected treasure boxes from bandits.

• Outlaws targeting Wells Fargo were relentlessly Outlaws targeting Wells Fargo were relentlessly hunted down by specially equipped & trained agents.hunted down by specially equipped & trained agents.





The Hallcrest ReportThe Hallcrest Report

• Hallcrest Systems, Inc., conducted a 30month study Hallcrest Systems, Inc., conducted a 30month study in 1980 to better understand private security in U.S. in 1980 to better understand private security in U.S. – Findings revealed that personnel & expendituresFindings revealed that personnel & expenditures

of private security exceed that of the police.of private security exceed that of the police.– Business & industry spend more than $20 billionBusiness & industry spend more than $20 billion

on security measures for their organizations. on security measures for their organizations.

• It was the consensus of police & security managers It was the consensus of police & security managers that private security functions should focus on minor that private security functions should focus on minor incidents occurring on property it protects.incidents occurring on property it protects.

• Currently, there is little interaction and cooperation Currently, there is little interaction and cooperation between police & private security companies.between police & private security companies.





The Hallcrest ReportThe Hallcrest Report

• The Hallcrest report expressed the following:The Hallcrest report expressed the following:– Citizen fear of crime and awareness that criminal justice Citizen fear of crime and awareness that criminal justice

cannot effectively control crime have led to a growing cannot effectively control crime have led to a growing use of individual and corporate protective measures. use of individual and corporate protective measures.

– Law enforcement resources have stabilized and in some Law enforcement resources have stabilized and in some areas are declining. areas are declining.

– Creative use of private security, human resources, and Creative use of private security, human resources, and technology may be one viable option left to control crime technology may be one viable option left to control crime in our communities. in our communities.

– Law enforcement officials maintain that they should bear Law enforcement officials maintain that they should bear the primary burden for protection of the community.the primary burden for protection of the community.




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionPROBLEMS WITH PROBLEMS WITH

PRIVATIZATIONPRIVATIZATION

• Privatization of police has been tried in some cases, Privatization of police has been tried in some cases, as a cost-effective alternative to municipal services. as a cost-effective alternative to municipal services. – How realistic is the notion of private police to safeguard How realistic is the notion of private police to safeguard

the public?the public?

• For several months in 1992, a city police department For several months in 1992, a city police department was taken over by the Sussex County, New Jersey. was taken over by the Sussex County, New Jersey. – Political leaders voted to abolish the police department Political leaders voted to abolish the police department

and rely on state police to provide police protection. and rely on state police to provide police protection.

• Due to a limited number of state police officers & Due to a limited number of state police officers & slow response time, the city hired a private security slow response time, the city hired a private security company to provide a visible, uniformed presence.company to provide a visible, uniformed presence.





PRIVATIZATIONPRIVATIZATION

• The security company began to behave like a fully The security company began to behave like a fully independent police department, stopping vehicles, independent police department, stopping vehicles, writing summonses, detaining & arresting citizens. writing summonses, detaining & arresting citizens. – In many cases incidents were mishandled. In many cases incidents were mishandled.

• Sussex County Prosecutor Dennis O'Leary writes:Sussex County Prosecutor Dennis O'Leary writes:– ““……the arrangement was designed to 'depoliticize‘the arrangement was designed to 'depoliticize‘

the administration of law enforcement, …the security the administration of law enforcement, …the security company was responsible only to the entity thatcompany was responsible only to the entity thatawarded its contract."awarded its contract."

• Private security may create an under-trained, Private security may create an under-trained, unprofessional, highly political police force.unprofessional, highly political police force.





PRIVATIZATION: IntegrityPRIVATIZATION: Integrity

• Many questions remain about the largely unregulated Many questions remain about the largely unregulated private security industry. private security industry. – Several years ago, four Las Vegas nightclub security Several years ago, four Las Vegas nightclub security

guards accidentally suffocated Peter James Lawrence. guards accidentally suffocated Peter James Lawrence.

• Other problems impacting private security include Other problems impacting private security include low pay and minimal training.low pay and minimal training.– Few guards earn more than $8 an hour. Few guards earn more than $8 an hour. – Georgia requires only 12 hours of training forGeorgia requires only 12 hours of training for

a guard to carry a gun. a guard to carry a gun. – In Nevada four hours of training is required toIn Nevada four hours of training is required to

be a security guardbe a security guard





PRIVATIZATION: IntegrityPRIVATIZATION: Integrity

• Several incidents of security guards who gone awry:Several incidents of security guards who gone awry:– At the Republican National Convention in San DiegoAt the Republican National Convention in San Diego

a guard stole 16 television sets from NBC. a guard stole 16 television sets from NBC. – In Rochester, New York, a 24 year-old security guard In Rochester, New York, a 24 year-old security guard

was charged with murdering a four-year old girl in 1994. was charged with murdering a four-year old girl in 1994. – Three security guards were arrested in August 1996 at Three security guards were arrested in August 1996 at

Simon Fraser University in Vancouver, Canada, for Simon Fraser University in Vancouver, Canada, for stealing athletic clothing and computers.stealing athletic clothing and computers.

– In August 1996 a security guard wrote "In August 1996 a security guard wrote "I love you I love you TusheeTushee" and "" and "Love, bunsLove, buns" on a borrowed painting worth " on a borrowed painting worth more than $1.5 million, at the Whitney Museum of Art in more than $1.5 million, at the Whitney Museum of Art in New York .New York .




Chapter 3:Chapter 3:Police JurisdictionPolice JurisdictionRECOMMENDATIONSRECOMMENDATIONS

FOR PRIVATE SECURITYFOR PRIVATE SECURITY

• The Hallcrest study made several recommendations:The Hallcrest study made several recommendations:– Upgrade private security quality. Upgrade private security quality. – Increase police knowledge of private security.Increase police knowledge of private security.– Expand interaction. Expand interaction. – Experiment with the transfer of police functions. Experiment with the transfer of police functions.

• Creative use of private security be a feasible option Creative use of private security be a feasible option for conservation of scarce police resources and for conservation of scarce police resources and strengthening the protection of the community.strengthening the protection of the community. – Most experts predict security will remain a "rent-a-cop" Most experts predict security will remain a "rent-a-cop"

service, with problems similar to those today. service, with problems similar to those today.

Part 1: The Basis for Modern Policing Chapter 3: Police Jurisdiction

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Transcript of Part 1: The Basis for Modern Policing Chapter 3: Police Jurisdiction