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August 1999

Volume 68
Number 8
United States
Department of Justice
Federal Bureau of
Investigation
Washington, DC
20535-0001
Louis J. Freeh
Director
Contributors' opinions and
statements should not be
considered an endorsement by
Features
the FBI for any policy, program,
or service.
The Attorney General has
determined that the publication
of this periodical is necessary in Law enforcement officers must face a
the transaction of the public Noble Cause Corruption
business required by law. Use of
funds for printing this periodical
and the Police Ethic 1 multitude of ethical dilemmas during the
performance of their duties every day.
has been approved by the By Bob Harrison
Director of the Office of
Management and Budget.
Preferred Protocol for Officers can make the death notification
The FBI Law Enforcement
Bulletin (ISSN-0014-5688) is
published monthly by the
Death Notificaton 11 process less painful for themselves and
for the surviving family members.
Federal Bureau of Investigation, By Brian J. Scott
935 Pennsylvania Avenue,
N.W., Washington, D.C.
20535-0001. Periodical postage Self-directed Self-directed work teams help agencies
paid at Washington, D.C., and
additional mailing offices.
Postmaster: Send address
Work Teams 20 tap the talents of their employees and
improve service to the community.
changes to Editor, FBI Law
By Stephen M. Ramirez
Enforcement Bulletin, FBI
Academy, Madison Building,
Room 209, Quantico, VA 22135. Investigative Detentions Courts often consider the duration of an

Editor
By Jayme S. Walker 26 investigative detention when deciding
whether a seizure can be justified on
John E. Ott reasonable suspicion.
Managing Editor
Kim Waggoner
Associate Editors
Glen Bartolomei
Cynthia L. Lewis
Bunny S. Morris Departments
Art Director
Brian K. Parnell
Assistant Art Director
Denise K. Bennett
Staff Assistant
8 Focus on White-collar Crime 25 Book Review
Linda W. Szumilo The Bank Secrecy Act Business and
Crime Prevention
Internet Address 16 Police Practice
leb@fbiacademy.edu
The STARS Program
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© Don Ennis

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Bulletin, FBI Academy, Madison
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ISSN 0014-5688 USPS 383-310


Noble Cause Corruption
and the Police Ethic
By BOB HARRISON, M.S.

I n Plato’s The Republic, So- enemy? Today, U.S. society


“The City’s Guardians must be crates and Glaucon discuss the wrestles with the same unanswered
gentle toward their own people formation of a city that embod- question as its contemporary guard-
but rough toward their enemies; ies justice. As their dialogue builds ians, the police, attempt to interpret
otherwise, they will not wait for this city, the final element involves and enforce the law.
others to destroy them; they will
do it themselves first.”1
selecting the guardians. Socrates’ If the law represents an expres-
—Socrates guardians would be keen of percep- sion of moral sentiment, then police
Plato’s The Republic tion, strong enough to subdue oppo- officers stand as instruments of that
nents, and high-spirited in temper. morality. Although appearing as
At the same time, they would love paramilitary organizations, modern
wisdom and learning so they could police agencies actually perform
treat their own people gently. How- specific functions within communi-
ever, the philosophers failed to ties through individual police offi-
address one question. Who would cers’ acting largely without super-
decide which individuals represent vision or direct control. Unlike a
the guardians’ own and which military unit, which operates cohe-
deserve the rough treatment of an sively as a team, the cop on the beat

August 1999 / 1
“ If the law
represents an
expression of moral
enforcing the law. Often, the result
constitutes an individual utilitarian-
ism, a sense of electing a course of
action based on a self-perception of
what is good for the greatest num-
sentiment, then ber. This personal interpretation of
police officers stand the law inevitably leads to questions
of conduct (the means: an officer’s
as instruments of methods to elicit cooperation from
that morality. another) versus a desired outcome
(the end: apprehension of the guilty

Chief Harrison leads the Vacaville,


California, Police Department. ” and protection of the community).
For example, does an officer have
the duty to infringe on an in-
dividual’s liberty for a laudable out-
come? Should society excuse police
officers for breaking fundamental
is left alone to make decisions re- Echoing ancient Greek dia- laws, not for personal gain but to
garding who goes free and who be- logues, those who founded the serve a greater moral imperative?
comes subject to closer scrutiny. United States as a constitutional re- Is this “noble cause corruption”4
Society might regard the lone street public in which no person or group (i.e., illegal actions that violate the
cop as its single most powerful indi- could rise to absolute power delib- rights of citizens for moral consid-
vidual. Consider that the police erated at length on the ability of erations) an unstated norm in police
alone are charged with depriving government to engage in punishing conduct, or should an individual’s
others of their liberty and that it is transgressors without resorting to right to freedom from that be-
illegal to resist their authority to do tyranny.2 James Madison, the father havior be society’s paramount
so. Neither the president nor a Su- of the U.S. Constitution, noted the consideration?
preme Court justice can issue or ex- problematic issues of governance
ecute a death warrant without prior when he wrote, “In framing a Policing and the Law in America
review, yet police officers have the government which is to be adminis- The police are the constituted
authority to employ readily avail- tered by men over men, the great authority for the use of force within
able lethal weapons to protect them- difficulty lies in this: you must first society.5 Although society has rec-
selves and the public they serve. In enable the government to control ognized the need for a person or
many cases, little conflict arises the governed; and in the next place group to hold coercive power over
with regard to the propriety of po- oblige it to control itself.”3 From others since ancient times, current
lice actions. Society generally rec- Plato to the modern day, this re- police practices did not exist at
ognizes the need for public safety, mains a vexing problem. In a de- America’s founding.6 In fact, the
and few would disagree with the mocracy, how can policing, as an first professional police agency in
removal of murderers, rapists, or institution, police itself, and how the United States, modeled after the
other violent individuals. The issue can police officers maintain an London Metropolitan Police, was
becomes more problematic when an appropriate balance between gov- formed in New York in 1833. Inter-
attempt to service that desired end erning others and controlling estingly, the use of the word “po-
conflicts with the laws and regula- themselves? lice” to describe society’s guardians
tions instituted to control the deci- In contemporary American life, has significant implications. For ex-
sion of who represents the “enemy” officers commonly face the di- ample, the word derives from the
of the law. lemma between following rules and Greek polis and polites, meaning

2 / FBI Law Enforcement Bulletin


“city/state” or “citizen.” In Scot- views regarding the immorality of negotiation, or goodwill can bring
land, the term polis remains in use slavery, Jefferson sent to England the two into harmony and reconcili-
as a formal title for an officer of the for a copy of Locke’s On Govern- ation. Officers thrust into arbitrat-
law. Perhaps Ireland has the most ment.12 By 1773, Locke’s natural ing between these conflicting goods
descriptive term for a modern po- rights theories had become as com- may fall into corrupting the public
lice force, garda siochana, which monplace for discussions as the trust to which they are sworn, not
translates to “guardians of the Epistles of the apostle Paul.13 for personal gain or revenge but in
peace.” In many American commu- Jefferson’s foundation of Lock- an effort to fulfill a noble sentiment
nities, the police are legally entitled ean individualism and moral certi- arising from the conflict endemic to
peace officers, an important distinc- tude regarding the unalienable the human condition itself.
tion when considering the police rights of the individual over that of
role in the interpretation and appli- the state inadvertently set the stage Societal Ends and Police Means
cation of the law. for the tension between the Imagine working as a police of-
Ideas from Plato and others ex- individual’s rights and the public ficer assigned to investigate the kid-
erted considerable influence over good with which contemporary napping of an 11-year-old girl. Offi-
the education of the Anglo-Euro- cers have arrested a suspect who


pean culture of America’s fore- may know of the girl’s where-
bearers and shaped the law that abouts. Unless they elicit a quick
police officers uphold today. Also, confession, the girl may die.
Lockean and biblical traditions had ...how can police Under the law, the suspect
a dramatic effect on the framework officers maintain has an absolute right against self-
of American freedom and liberty. an appropriate incrimination. Officers may adhere
For example, Thomas Jefferson balance between to the law and respect the rights of
wrote in the Declaration of Inde- governing others the suspect, or use extralegal mea-
pendence, “We hold these truths to sures to coerce the information they
be self-evident, that all men are cre-
and controlling need to save a life. The dilemma
ated equal, that they are endowed themselves? becomes which course of action


by their Creator with certain un- better serves the concept of
alienable Rights, that among these Jeffersonian Happiness—that of re-
are Life, Liberty and the pursuit of specting the individual arrestee’s
Happiness,” a passage strongly American police officers must rights or that of serving the greater
similar to John Locke’s writings wrestle. Locke’s intent can be inter- good by using formal authority to
that government should protect preted to mean that the government ensure safety for the community.
“life, liberty, and property.”7 Al- assumes the power to decide whom Some police administrators
though Jefferson did not attribute a to punish for transgressions to pro- would assert that no dilemma ex-
significant influence from Locke tect property and ensure safety. ists. Officers are sworn to uphold
in the development of his writings, This inference easily can lead po- the law, and illegal activity can
the impact of Locke’s theories is lice officers into a dilemma of en- never be justified by an emotional
undeniable.8 gaging in extralegal acts to serve argument to the contrary. Other ad-
While Jefferson regarded the their perceived duty to the public ministrators would focus on the act,
Bible as the ultimate source of good. No matter how mightily soci- and not the outcome, as the gauge of
moral guidelines,9 he also read- ety may struggle to develop a legal desired actions. If the act could not
ily absorbed the ideas of the system that serves justice, occa- be applied in all circumstances
Enlightenment10 and of Locke’s Es- sions inevitably will arise where (Immanuel Kant’s Universal
say Concerning Human Under- one undeniable good comes into Law),14 it should not be performed.
standing.11 In 1769, after being shut conflict with another undeniable Judging from his writings, John
out of the Virginia Assembly for his good, and no amount of effort, Locke also might have been caught

August 1999 / 3
on the horns of this dilemma. On justification for any action against it wrong and evil. Violations
one hand, he asserted that each man individuals who are different, espe- of civil liberties and laws,
has a property in his own person to cially if taken on behalf of the soci- violations of oaths of office,
which no one has a right to but him- etal or cultural majority. and abuses of authority and
self, and that the chief purpose of What, then, should police offi- power—all betrayals of public
government is to protect that prop- cers do when faced with violating trust—are wrong and cannot
erty.15 For example, Locke main- the letter of the law in order to serve be justified by any end.
tained that what individuals pro- a desired moral end? American tra- • Attempts to revise regulations
duced through their own labors ditions formed from religious and and rules cannot eliminate a
belonged to them and that the law classical philosophy affirm the conflict in ideals. Although
must protect this property. At the principle that each individual has an revisions in the law can alter
same time, he also contended that innate worth and that police offi- the mechanics of account-
man submits to the authority of the cers cannot descend from reasoned ability, they cannot change
law to ensure that his property is persuasion to aggravated coercion elements of the human
protected.16 According to Locke’s without losing a respect for the fun- condition.
philosophy, officers faced with this damental rights of freedom and
dilemma could justify harsh actions • Inflicting pain sadistically or
against criminals, similar to killing without regret can never be


murderers to deter others.17 Faced excused.20
with the opportunity to save a life Interestingly, Delattre com-
and deter the offender, officers ...does an officer ments that most thoughtful people
could employ a true Lockean con- have the duty to will come down on one side of
cept of policing to support the man- noble cause corruption while ex-
date of using any means necessary infringe on an pressing a sympathy and respect for
to achieve the desired end. There- individual’s liberty those on the other side. He person-
fore, officers unilaterally could for a laudable ally would not rule out the use of
elect to take any measures neces- outcome? physical coercion to save a life;
sary to serve the interests of society. however, he then would immedi-


Further, officers who read John ately report his actions to his agency
Stuart Mill and ascribe to a more and resign his position of public
utilitarian credo would have little trust.
trouble justifying actions that sup- self-determination. The noble cause Is Delattre’s “act wrong, then
port the greater good.18 Using the corruption concept of officers’ act- resign” resolution the best officers
greatest happiness principle, these ing illegally, not for personal gain, can hope for to resolve the issue of
officers rationally could expect the but to fulfill moral obligations, achieving desired ends? Does the
violation of a single individual’s stands as a testimony to the difficul- human condition render some
rights (the means) to promote a ties encountered by those entrusted choices as inevitable tragedies for
greater societal end, that of happi- with the public’s safety. However, those unfortunate enough to have to
ness for the greater number of indi- Edwin Delattre contends that ends make them? Should the difficulty in
viduals. Of course, a true utilitarian do not necessarily justify the means arriving at a consensus regarding
view has little use for the resolution and asserts that three basic consid- appropriate actions excuse those
of true moral dilemmas because erations exist when contemplating who have elected to put themselves
the rights of the individual al- actions intended to serve a desired in positions of public trust? Unfor-
ways weigh less than those of the end.19 tunately, the problem of ethics in
larger group. Mill’s premise, how- • A good end cannot justify a policing is not solved readily by the
ever, amounts to no more than a means in a context that makes “silver bullet” approach. Even if

4 / FBI Law Enforcement Bulletin


officers know what is right, that instance where a dilemma may against defenseless individuals at
knowledge remains separate from occur regarding competing noble the end of a high-speed pursuit. On
the question of how much an indi- ends, countless examples of police both occasions, the victims received
vidual is willing to pay to do the misconduct under the guise of law punishment without court review or
right thing. As appealing as it may enforcement exist. In the majority a legitimate conviction for breaking
be to satisfy the emotional dilemma of cases, however, officers commit- the law.
by choosing the short-term solution, ted these acts in the name of law and When officers use unlawful
compelling arguments exist in favor order. means to gain a desired end, they
of acting only in a manner that Unfortunately, contemporary damage the system they represent.
serves the long-term interests of policing in America contains many Beyond the damage to the justice
society. examples of conduct detrimental system, however, officers who en-
to the profession and the commu- gage in illegal behavior denigrate
Restoring the nity it serves. Because recent law not only the uniform of the guard-
Wise Guardian enforcement studies have shown ian but also the individual within.
Although the dilemma of noble the existence of widespread per- The eventual result to society is a
cause corruption appears superfi- jury, brutality, and other forms of loss of confidence in those charged
cially problematic, in actuality, it is corruption, judges, attorneys, ju- with the protection of others, lead-
not. On the surface, the issue of ries, and the public sometimes ques- ing to a fraying of the tapestry of
saving innocent lives and incarcer- tion police courtroom testimony.21 the culture that binds communities
ating those who have transgressed together.
against society seems to constitute What can be done? Socrates’
ample justification for acts neces- assertion that education of the
sary to achieve that noble end. From guardians is essential remains
a relativist perspective, society’s strongly supported by modern law
guardians could rationalize any enforcement scholars. A New York
circumstance to legitimize the bru- commission exploring tactics to
talization of another human being. combat chronic corruption in their
To do so, however, denies basic department recommended at least 1
human rights and the concept of year of formal, general education
equality upon which police officers beyond the high school level prior
base their authority. Once equality to police service. In California,
and confidence in the institution of however, of the 800 hours a new
policing is eroded in the general recruit spends in basic academy
community, the ability for govern- training, only a fraction deals with
ment to fulfill its legitimate aims issues beyond basic skills. Most po-
also becomes decimated. For example, in one East Coast city, lice training academies devote little
Government refrains from co- the term “testilying” is a code word classwork to the broader under-
ercion and intimidation to accom- for police perjury to obtain a con- standing of the police role in society
plish its ends because the society it viction. Also, excessive force for at a philosophical level. Many new
serves deserves a legal system that the purpose of exacting “street jus- officers enter a culture where they
remains consistently just. The con- tice” is a problem noted in commis- are taught to perceive anyone who
venient deviance from the belief sion reports from New York to Los is not a street cop as the enemy,
that each individual has worth Angeles. In California alone, the including top law enforcement
proves a slippery slope from which Rodney King incident in 1991 re- managers. Patrolling their beats
anyone concerned with justice may played itself in 1996 in Riverside largely unsupervised, officers can
not be able to escape. For every when officers used their batons easily develop a sense of being the

August 1999 / 5
Two Paths to Resolving Ethical Conflicts

Self
(the individual police officer)
„ „
Individualism (role perception between individuals) Solicitude
„ „
Selfishness (perception of self in community) Civic Virtue
„ „
Lack of Equality (results of action to others) Equity
„ „
Injustice (results of action to society) Happiness
„ „
Noble Cause Corruption (end result) Justice

An understanding of the process of re- engage in corrupt acts with impunity and
solving conflicts between individualism and without a sense of accountability to those they
the common good may be a better way to serve.
understand possible resolutions between self However, the alternate path depicts offi-
and others. Actions framed as noble cause cers who perceive others in an interdependent
corruption may arise from an individualistic manner from a perspective of respect. Solici-
perspective, versus a worldview of interde- tude on a personal contact level translates to
pendency toward others. The individualistic a concern for civic virtue at the community
path leads inevitably to a sense of selfishness level, resulting in officers who treat others
when a concern for civic good is supplanted equally. Consistent equitable action trans-
by an egocentric assessment of actions. lates to a general sense of satisfaction for the
Without respect for the worth of others, lack police, as well as for those they serve. In the
of equality will exist, creating a society where end, a concern for civic virtue and happiness
government actually produces injustice. The leads to true justice in the administration of
end result will involve police officers who law.

lone crime fighter—heroes left to Without appropriately educating its integration with the larger fabric of
rely on their own devices and skills guardians regarding their roles and American society. Moving from a
to get the job done. Added to this is responsibilities to the public they sense of individualism to the Sto-
the fact that officers work within a serve, society could see the result of icism22 perspective might better re-
system of changing policies, con- this subtle erosion in the eventual flect the intent of Jefferson and oth-
flicting court rulings, and increas- collapse of the American justice ers who founded the American
ing scrutiny and distrust. Taken system. democracy. In other words, an indi-
together, these factors contribute to And what should this edu- vidual who filters events through a
the sense that the pedestal upon cation encompass? Beyond laws Stoic perspective would move from
which society has placed justice and procedures, the modern guard- a judgment of how the world should
is showing cracks and erosion. ian should possess a sense of be to an acceptance of events as

6 / FBI Law Enforcement Bulletin


being a part of the natural course of law enforcement as a precursor to have all asserted the right to enforce adherence
to a stated or codified norm. In the 19th
humanity. It does not mean that ex- the direction of American culture
century, dissatisfaction over the use of the
ternal events will go well but that an itself. In constant contact with military in England for the role of civil
individual accepts these events, those who commit crimes, officers government enforcement led to the creation of
leading toward a fulfilled life. In would do well to heed Friedrich the modern police model.
7
Fawn M. Brodie, Thomas Jefferson—An
this paradigm, the individual’s mo- Nietzsche’s admonition that “who-
Intimate History (New York: Bantam Books,
tivation and action result from an ever fights monsters should see to it 1975), 145.
intrinsic sense of worth, rather than that in the process he does not be- 8
Charles Maurice Wiltse, The Jeffersonian
a reaction to extrinsic influences. come a monster” and “when you Tradition in American Democracy (Chapel
Hill, NC: University of North Carolina Press),
Using the Stoic, or solicitous, look long into an abyss, the abyss 45.
path over the individualistic path to also looks into you.”24 For society’s 9
Ibid., 48.
design the education of police offi- sake, police officers must take a 10
A philosophical movement of the 18th
cers will move their attitudes and step back from the abyss to reassess century marked by a rejection of traditional
social, religious, and political ideas and an
perspectives from seeing actions as who the enemies of the city are and
emphasis on rationalism.
distinct from one another to under- to ensure gentle treatment of all 11
Leonard Wibberley, Thomas Jefferson—
standing the civic good from a com- within the city’s walls. Revolutionary Aristocrat (New York: Franklin
munity perspective. Officers who Watts, 1991), 40-41.
12
Supra note 7, 112.


understand the role of the guardian 13
Supra note 7, 113.
would prove far less likely to shirk 14
Alasdair MacIntyre, After Virtue (Notre
their duty to the longer perspective Dame, IN: University of Notre Dame Press,
of upholding the basic tenets of the When officers use 1981), 42-45.
15
John Locke, The Second Treatise on Civil
guardian.23 This education remains unlawful means to Government (Buffalo, NY: Prometheus Books,
necessary, not only when officers gain a desired end, 1986), 70.
enter the profession but also 16
Ibid., 69.
throughout their careers. they damage the 17
Ibid., 12.
system they 18
John Stuart Mill, Utilitarianism
(NewYork: Prometheus Books, 1987), 16-17;
Conclusion represent. Mill defines happiness, not in the hedonistic
Law enforcement officers face sense but as the pleasures of the intellect.


difficult decisions on a daily basis. 19
Supra note 2, 193.
20
Sometimes situations arise that re- Supra note 2, 194-195.
21
Commission Report for the city of New
quire them to weigh the laws they York, July 1994, 37.
Endnotes
are sworn to uphold against the life 1
22
A philosophy begun about 300 B.C.,
Plato, The Republic, Book II, Great
of an innocent victim. Such inci- Dialogues of Plato, trans. Philip Rouse (New Stoicism holds that individuals should be free
dents force officers to confront the York: Mentor Books, 1950), 172. from passion, unmoved by joy or grief, and
submissive to natural law.
noble cause corruption dilemma of 2
Edwin Delattre, Character and Cops 23
The most relevant biblical reference is
(Washington, DC: American Enterprise
violating fundamental laws to serve Romans 13:3-4, which reads, “Do you want to
Institute, 1989), 16.
a greater moral good. Officers need 3
Alexander Hamilton, James Madison, and be free from fear of the one in authority? Then
all of the assistance that police man- John Jay, The Federalist Papers, No. 47, do what is right and he will commend you. For
he is God’s servant to do you good. But if you
agers can provide to resolve these Introduction by Clinton Rossiter (New York:
do wrong, be afraid, for he does not bear the
Mentor Books, 1961), 301.
ethical quagmires. 4 sword for nothing. He is God’s servant, an
Supra note 2, 194.
Without a concerted educa- 5
Supra note 2, 197. agent of wrath to bring punishment to the
tional effort to turn the contempo- 6
Plato wrote of the need for the guardians; wrongdoer.”
24
Friedrich Nietzsche, Beyond Good and
rary cop into Plato’s “lover of wis- John Locke asserted that each man had the right
Evil, trans. Walter Kaufman (NewYork:
in the natural state to enforce conformance
dom,” society easily can envision Vintage Books, 1989), 89.
upon others who transgressed on his property.
the increasing dissatisfaction Kings, property owners, and appointed servants
caused by inappropriate actions by of a ruler or leader of most European cultures

August 1999 / 7
Focus on White-collar Crime

The Bank Secrecy Act


A Powerful Weapon for
Law Enforcement
By Gary J. Kruchten, J.D., CPA

I n The Fountain Pen Conspiracy, author


Jonathan Kwitney suggests that the most power-
ful and untouchable criminals are not the ones who
The Act
The Bank Secrecy Act requires that financial
institutions, private businesses, and individuals
make headlines in the paper or on the evening news document certain monetary transactions. In doing so,
but those hidden in the shadows who direct the they alert law enforcement to possible criminal
movement of vast sums of money.1 Controlling the activity. The act requires documentation in four key
money gives them their power and allows them to areas.
flourish long after their more visible associates have • Financial institutions must retain records of
gone to prison. importance to investigators, including signature
Most criminal activity is motivated by an inordi- cards and checks and transactions into and out of
nate desire to accumulate wealth. Consequently, an the United States in amounts greater than
important element in the proof of almost every crime $10,000.
is establishing that funds were transferred illegally to
the accused. Establishing who transferred the funds, • Financial institutions must report any currency
to where, and by what means helps investigators transactions exceeding $10,000 within 15 days of
prove criminal intent and often has a great impact on the transaction, using a Currency Transaction
a jury’s determination of guilt or innocence. Report3 (CTR), form 4789.
However, developing financial evidence can • Any person with foreign bank or security account
challenge investigators. The Bank Secrecy Act of balances exceeding $10,000 must file a Report of
1970,2 also known as the Currency and Foreign Foreign Bank and Financial Account, commonly
Transactions Reporting Act, represents an often- referred to as an F-Bar, with the Internal Revenue
underused, but potentially very productive, source for Service (IRS) by June 30 of the year following
white-collar crime investigators. establishment of the account.

8 / FBI Law Enforcement Bulletin


• Individuals who transport more than $10,000 in numbers, addresses, and businesses or professions.
currency or certain monetary instruments into the Other information revealed includes the date, time,
United States from another country, or vice versa, location, and description of each transaction, as well
must file a Currency Monetary Instrument Report as the bank employee completing the form.
(CMIR), form 4790, with the U.S. Customs The Currency Monetary Instrument Report
Service. identifies individuals transporting more than $10,000
To retrieve the information these reports provide, in or out of the United States and reveals their pass-
law enforcement officers can turn to the Financial port numbers, home addresses, type of monetary
Crimes Enforcement Network (FinCEN), a division of instruments used, and the date and place the individu-
the U.S. Department of the Treasury, which serves as als left or entered the United States. Finally, the F-Bar
an information clearinghouse for federal, state, and pinpoints the name, address, and account number for
local law enforcement agencies. Each state has one or the foreign bank where an account exceeding $10,000
more designated representatives, who act as official was established, the date the account was opened, and
liaisons with FinCEN and access its databases to the individual or organization who opened it.
obtain information for their state agencies. At the Like the National Crime Information Center
same time, the FBI and other federal, non-Treasury database, or any other computerized source of infor-
Department law enforcement mation, not every inquiry into
agencies have representatives FinCEN produces useful informa-
assigned to FinCEN who do the tion. However, a positive search
same for investigators within their
respective organizations.
The Database
“ ...an important element
in the proof of
can save hundreds of hours of
investigative time. For example,
several years ago, federal agents in
the Midwest investigated a sub-
FinCEN’s financial database4 almost every crime stantial money-laundering case
contains a wealth of information is establishing that involving the proceeds from the
that law enforcement can use in funds were transferred sale of cocaine. Investigators used
any criminal investigation where illegally to the accused. wiretaps and surveillance and
the suspects have access to large invested many hours into the
sums of money. For example,
investigators might discover that a
subject owns hidden domestic
bank, brokerage, or insurance accounts. Or, they
” investigation to identify the
financial institution and the
accounts the subjects used to
transfer millions of dollars in illicit drug proceeds.
might find information detailing when and where a Later in the investigation, the agents contacted
suspect conducted currency transactions, descriptive FinCEN and obtained, in a very short period of time,
information concerning the suspect, and witnesses at the same information. Had they contacted FinCEN
the financial institutions who could possibly identify earlier they could have saved substantial investigative
the suspect. time and resources. Still, in cases such as this, where
The Currency Transaction Reports filed in the surveillance or other investigative techniques have
database since 1979 represent nearly 100 million linked suspects with a particular financial institution,
individual transactions with a dollar value exceeding contacting FinCEN in order to review CTRs or other
$5 trillion.5 Each of these CTRs provides the source reports can establish the identity of suspects and
data for millions of records relating to individual reveal other vital information.
currency transactions. Specifically, information from
the CTR not only alerts investigators to transactions Conclusion
exceeding $10,000, but it also can identify the indi- The mission for any criminal investigation
viduals involved and provide their social security remains to gather evidence that will establish the truth

August 1999 / 9
of the matter. Yet, many crimes, particularly white- Endnotes
1
collar offenses, require that investigators follow a Jonathan Kwitney, The Fountain Pen Conspiracy (New York:
Alfred A. Knopf, Inc., 1973).
long, complex trail of large currency transactions to 2
Title 12. U.S.C. § 1829(b), October 6, 1970; regulations for the act
gather critical evidence. Fortunately, the Bank are found at 31 C.F.R., § 103, et seq.
Secrecy Act of 1970 requires the documentation of 3
Casinos must file a similar report, known as a Currency Transaction
certain financial transactions, and the Financial Report by Casinos.
4
FinCEN has access to a number of databases, which fall into three
Crimes Enforcement Network serves as a clearing- general categories: financial, commercial, and law enforcement. The
house for the reports that provide evidence of these financial database contains information required by the Bank Secrecy
transactions. Act, as well as IRS form 8300, Reports of Cash Payments Over $10,000
Currency Transaction Reports, Currency Mon- Received in a Trade or Business; the commercial database retrieves
information from such sources as Dun and Bradstreet and Lexis-Nexis
etary Instrument Reports, and Reports of Foreign and provides a variety of personal and business information, including
Bank and Financial Accounts can help investigators addresses, real estate transactions, and business affiliations; the law
identify individuals who handle large sums of money enforcement database draws information from a number of state and
both in the United States and abroad. In doing so, they federal law enforcement agency databases. FinCEN also maintains its
own database to log inquiries it receives and to record the results of its
may uncover the fruits of illicit activity. Although database searches in order to share the information with other agencies.
criminal kingpins historically have hidden behind 5
FinCEN financial database.
their low-level associates, investigators can use the
resources of the Bank Secrecy Act to bring these Mr. Kruchten, a former special agent assigned to the
Investigative Training Unit at the FBI Academy, now serves
offenders out of the shadows and into the light of
as a law enforcement consultant.
justice.

The Bulletin’s
E-mail Address

T he FBI Law Enforcement Bulletin staff invites


you to communicate with us via e-mail. Our
Internet address is leb@fbiacademy.edu
We would like to know your thoughts on
contemporary law enforcement issues. We
welcome your comments, questions, and
suggestions. Please include your name,
title, and agency on all e-mail
messages.
Also, the Bulletin is available
for viewing or downloading on a
number of computer services,
as well as the FBI’s home page.
The home page address is
http://www.fbi.gov.

10 / FBI Law Enforcement Bulletin


Preferred
Protocol
for Death
Notification
By BRIAN J. SCOTT
© Steve Davis

“I have some very bad news improperly. Surviving family mem- lessen the negative, stressful im-
to tell you. Your son was bers never get over the tragedy; they pact on themselves and the receiv-
involved in an automo- simply continue their lives with the ers of such painful news by fol-
bile accident and was killed.” No event now a part of their personal lowing some simple, yet proven,
law enforcement officer ever wants histories. Accepting death when it procedures.1
to say these words to a parent. How- results from natural causes is diffi-
ever, although tragic and emotion- cult enough. However, sudden, un- KNOWING
ally charged, death notifications re- expected deaths from suicides, ho- WHAT TO EXPECT
main one of the most important micides, or fatal accidents can Individuals learning of the
nonenforcement functions that of- overwhelm the surviving family. death of a loved one may react in
ficers perform. While most officers Experts have found that the many ways as profound emotions
hope they never will have to deliver officer’s role in delivering the death surface. Denial, anger, hysteria,
such a message, they should prepare notification greatly affects the di- fainting, physical violence, shock,
themselves for the possibility. rect level of devastation and distress indifference, amnesia, and hostility
Survivors remember the mo- suffered by the receivers. More- represent typical responses. Some
ment of death notification for the over, the stress of the situation im- variables that affect the type and
rest of their lives, sometimes pacts not only the loved ones but the degree of reaction include the inten-
with pain and anger if handled messenger, as well. Officers can sity of the event (i.e., accidental

August 1999 / 11
versus violent death), the survivor’s funeral home. Law enforcement of- survivors’ immediate questions and
capacity to comprehend what has ficers can help survivors meet concerns. Officers who were
happened, and the survivor’s equi- these needs through humane, pa- present at the scene can provide
librium, or ability to deal with a tient, professional, and compas- valuable information to notifying
traumatic situation. sionate communication. officers. By providing such details,
Even when survivors do not ex- officers can help family members
hibit an immediate response, offi- MAKING THE accept the loss of their loved one.
cers must consider the death notifi- NOTIFICATION Finally, officers should know who
cation process a crisis. Most Officers should follow a basic the survivors can contact for further
survivors find themselves numb and plan when making death notifica- information (e.g., hospital, coron-
unable to understand what they tions. First, they should obtain as er’s office, or officers assigned to
should do next. Some survivors much information as possible about the case).
have said that they felt as if the the victim and the circumstances
event was a dream and not really Deciding Who
surrounding the death. Next, they
happening. Others said they felt as Takes the Lead
should decide how they will present
if they were floating outside their the information and what they will Because survivors may experi-
bodies watching the events unfold say. Finally, they should notify the ence severe emotional or physical
or described themselves as going survivors in person, never over the reactions, including hostility to-
crazy and losing control.2 These telephone, and as soon as possible. ward the notifiers, at least two offi-
emotions are normal and survivors cers or one officer and a civilian
need to express them, but because Gathering All of the Information (e.g., a religious representative,
survivors do not understand these First, officers should ascertain family physician, medical exam-
feelings, they become fearful. They as much information as possible iner, or close friend) should notify
need a calm and reassuring author- about the victim, including the the next of kin. Also, experienced
ity figure to help them restore con- deceased’s name, age, address, and notifying officers have found that a
trol over their lives and make such marital status. Then, officers should female-male team often proves ben-
decisions as naming a supportive gather critical details about the eficial, especially when dealing
individual to contact or selecting a incident in order to answer the with multiple survivors of both
sexes.
Before arriving at the survi-
vors’ location, the notifying team
should decide who will speak first


and what they will say. If either of
the notifiers knows the family, that
...sudden, individual should take the lead in
unexpected deaths the conversation.3
from suicides, Delivering the News
homicides, or fatal Once officers have positively
accidents can identified the deceased and know
overwhelm the the preliminary details surrounding
surviving family. the death, they should notify the
survivors as expeditiously as pos-


sible. First and foremost, officers
must notify survivors in person,
Officer Scott serves with the Burlington, Wisconsin,
Police Department and the Wisconsin State Fair Police. never by telephone. Moreover,
officers never should broadcast

12 / FBI Law Enforcement Bulletin


Death Notification Overview
• Always make the notification promptly and • Always offer to contact a support person
in person. and stay with the survivor until that person
• Always try to have a two-person notification arrives.
team. • Always use clear, plain language.
• Always make the notification in private and • Always provide the next of kin with the
with the receiver seated. procedures for obtaining the victim’s
• Always remember that shock is a medical personal effects; never deliver these items at
emergency. the time of notification.
• Always refer to the victim by name. • Always be compassionate.

details of such incidents over the a private area for the notification. survivors a crucial opportunity to
radio due to the existence of moni- Officers should offer to transport prepare for the shock. After all, the
toring scanners. During such griev- survivors home or to the hospital or presence of police officers already
ous moments, surviving loved ones coroner’s officer to identify or view has alerted them to the possibility of
need a human presence to help them the victim. a problem. Next, officers should ex-
cope with the shock and proceed While medical facilities gener- plain what happened, avoiding such
with the necessary arrangements. If ally have established procedures vague expressions as “passed
the next of kin resides outside their and trained staff to handle these away...was lost...didn’t make it.”
jurisdiction, officers should contact situations, notifying officers may Instead, they should use plain lan-
local authorities to assist with the assist by finding a private, quiet guage, such as “Your wife was in-
notification. area and seating the survivors. Of- volved in a train accident and was
Notifying officers should iden- ficers should have the attending killed” or “Your brother had a heart
tify themselves, present their cre- physician, in a clean uniform, avail- attack at his work and died.” While
dentials, and ask to enter the resi- able to address any medical issues, officers would like to soften the
dence. Officers never should make including restrictions concerning news with a more indirect ap-
death notifications on the doorstep. physical contact with or the condi- proach, they must realize that it
Officers should have the survivors tion of the body, which may affect only makes the situation more con-
sit down and then verify that they the survivors’ decisions to view the fusing, and worse, may imply a
are addressing the intended receiver deceased. Officers must realize that false sense of hope. Typically, sur-
(e.g., parent, spouse, or other emer- denying survivors the act of view- vivors appreciate a compassionate,
gency contact). Officers should of- ing the deceased is not an act of yet direct explanation. Also, offi-
fer to tell children separately if the kindness. Most survivors want to cers always should refer to the vic-
adult receiver wishes. see their loved ones; officers should tim by name, never by such terms as
If at the survivor’s place of em- allow this if possible. “body” or “corpse.” Finally, offi-
ployment, officers should ask to Regardless of the location, of- cers should answer any questions—
speak to the supervisor and deter- ficers should relay the death notifi- including where the body is located,
mine the availability of the indi- cation in clear, direct, and under- how it will be released and trans-
vidual they need to notify. Officers standable terms. Officers should ported to a funeral home—and
should not divulge details regarding begin by stating, “I have some very whether an autopsy is needed, as
the purpose of their visit. They bad news to tell you” or some- fully and in as much detail as pos-
should ask the employer to provide thing similar. This statement gives sible. If survivors ask questions to

August 1999 / 13
which officers do not know the an- should notify the survivors and then Therefore, officers should let survi-
swer, officers should admit their leave. This confuses most survivors vors know how to recover these
lack of knowledge and offer to find and makes them feel abandoned. belongings. Many departments
out. Officers can help survivors begin to store these items until survivors can
During the notification process, move through the grieving process accept them. Most important, offi-
officers never should offer false by providing some immediate di- cers never should store or subse-
hope, try to talk the survivors out of rection, such as offering to contact a quently deliver these belongings
their grief, impose their own reli- friend or family member, and stay- in trash bags. Officers should re-
gious beliefs, or say they under- ing with the survivor until this indi- main sensitive to the survivors’
stand how the survivors feel, unless vidual arrives. feelings and use boxes, paper wrap-
they have experienced a similar in- Notifying officers never should ping, or other more appropriate
cident. Further, many survivors bring any of the deceased’s clothing containers.
have indicated that an appropriate or other personal effects with them
expression of condolence similar at the time of the notification. Be- INSTITUTING
to “I’m sorry this happened” proves cause survivors need time to accept FOLLOW-UP CONTACT
more helpful than such intended the victim’s death, immediately Depending on the survivors’
comforting statements as “It was seeing tangible reminders of the de- emotional state, officers may want
God’s will” or “She led a full life.” ceased can prove devastating. Sur- to wait a few days before providing
Most important, officers al- vivors often require several days or information concerning benefits
ways should allow ample time to even weeks before they can accept available to families of homicide
provide information, support, and the victim’s belongings, but eventu- victims through victim compensa-
direction to survivors. They never ally they may want all of them. tion funds. Most states have these
programs and administer them
through their offices of attorneys
general. Funded by fines and penal-
Victim Assistance Resources ties paid by criminals, these pro-
grams include compensation for
• Office for Victims of Crime (OVC) murder-scene cleanup, counseling
U.S. Department of Justice services, funeral and burial ex-
810 7th St., NW penses, and loss of financial support
Washington, DC 20531 for the family of the deceased.
202-616-3574 While these funds never can erase
http://www.ojp.usdoj.gov/ovc the painful memories of the inci-
dent, they can assist in the survi-
• Mothers Against Drunk Drivers (MADD) vors’ recoveries and help ease fi-
P.O. Box 541688 nancial burdens.
Dallas, TX 75354-1688 Officers should keep survivors
800-438-MADD notified of the progress of the case,
http://www.madd.org if the death resulted from violence.
Officers should advise these survi-
• National Organization for Victim Assistance (NOVA) vors of their right to file a victim
1757 Park Rd., NW impact statement, which assists the
Washington, DC 20010-2101 court in sentencing the perpetrator
202-232-6682 or 800-TRY-NOVA in the event of a conviction. Offi-
http://www.try-nova.org cers also should inform survivors
of any support groups or counsel-
ing services available in their

14 / FBI Law Enforcement Bulletin


Bereavement Resources
• American Association of Suicidology: • Fernside, A Center for Grieving Children:
for family and friends of a suicide victim; for children ages 3-17 who have lost family
National headquarters: 4201 Connecticut members; 2303 Indian Mound Ave.,
Ave., Suite 30, NW, Washington, DC 20008; Cincinnati, OH 45212; 513-841-1012;
for local chapter referrals, call 202-237-2280; http://www.fernside.org
http://www.suicidology.org
• Parents of Murdered Children and Other
• Compassionate Friends: for parents who Survivors: for surviving family and friends
have lost a child and surviving siblings; of victims of violent crime;
National headquarters: P.O. Box 3696, National headquarters: 100 East 8th St.,
Oak Brook, IL 60522-3696; for local chapter Suite B-41, Cincinnati, OH 45202;
referrals, call: 630-990-0010; for local chapter referrals, call: 513-721-5683
http://www.compasionatefriends.org
• AAARP Widowed Persons Service: a
• The Dougy Center: for children ages 3-12 support service for persons who have lost a
and teens who have lost family members; spouse; National headquarters: 601 E St.,
P.O. Box 86852, Portland, OR 97826; NW, Washington, DC 20049; for local
503-775-5683, http://www.dougy.org chapter referrals, call: 202-434-2277; http://
www.aarp.org/griefandloss/organizations.html
• Alliance for Children and Families: a
bereavement counseling referral network; Resources obtained from R. Moroni Leash, Death Notifica-
11700 West Lake Park Drive, tion, A Practical Guide to the Process (Arkansas City, KS:
Milwaukee, WI 53224; Gilliland Printing, 1994), 253-256; and Kenneth Doka and
Joyce Davidson, eds., Living with Grief: Who We Are, How
800-221-2681 or 414-359-1040; We Grieve (Hospice Foundation of America, 1998).
http://www.alliance1.org

communities and encourage survi- Knowing the reactions that sur- Endnotes
vors to contact the employee assis- vivors may exhibit upon learning of 1
The author gratefully acknowledges the
tance program where they work. a loved one’s death, obtaining cru- Crime Victim Assistance Division of the Iowa
Department of Justice and Concerns of Police
cial information about how the Survivors for their invaluable assistance.
CONCLUSION death occurred, and deciding ahead Officers may want to contact the Association
Law enforcement officers often of time how they will deliver the for Death Education and Counseling in
enter their profession to help others painful news provide officers with a Hartford, CT, at 860-586-7503 or at its Web
site, http://www.adec.org, for additional
and improve life in their communi- plan that can lessen the distress for information.
ties. Bringing tragic and painful the receivers and for themselves. 2
R. Moroni Leash, Death Notification, A
news to the citizens they have Officers also should remember that Practical Guide to the Process (Arkansas City,
sworn to protect and serve stands as the courage and strength of charac- KS: Gilliland Printing, 1994), 97-115.
3
David W. DeRevere, Wilbert A.
one of the most difficult tasks any ter they need to face the daily chal- Cunningham, Tommy Mobley, and John A.
officer has to face. However, estab- lenges of their profession include Price, Chaplaincy in Law Enforcement: What It
lished procedures and guidelines not only physical bravery but also Is and How to Do It (Springfield, IL: Charles C.
can help officers handle death noti- emotional fortitude and compas- Thomas, 1989), 54.
fications in a professional, compas- sionate resolve, especially in han-
sionate, and sensitive manner. dling death notifications.

August 1999 / 15
Police Practice
The STARS Program Further, a review of the department’s activity logs
revealed several other types of troubling off-campus
Students Traveling encounters, including adult men exposing themselves
and Arriving Safely to students or talking to them in sexually suggestive
By Dennis Bridges or threatening ways. The department decided on a
© Virginia M. Fitzpatrick cooperative, proactive effort—modeled on an existing
collaborative alliance involving the police, the
probation department, and the school system—to
decrease these threats to the community’s children as
they travel to and from school.

THE MODEL COLLABORATIVE EFFORT


Since 1993, the Fresno Police Department, the
Fresno County Juvenile Probation Department, and
the Fresno Unified School District have instituted
police-probation teams at each of the area’s eight high
schools and six middle schools to reduce juvenile
crime and improve school safety. Previously, these
three agencies, although usually dealing with the
same “problem” students, engaged in minimal
collaboration. For example, school staff would
summon police officers to the campus when crimes
occurred. Officers would make arrests or issue
citations as appropriate and send their reports to the
probation department, which would make recommen-

“G et in; hurry. Don’t worry; I know your


parents.” An unknown adult male
uttered these words in an attempt to lure a fifth-grade
dations to the juvenile court and supervise assigned
probationers. Over time, the need to work together
became apparent and led to the creation of the police/
probation/school alliance and the formation of police-
girl into his pickup truck near a Fresno, California, probation teams on school campuses.
elementary school last year. Fortunately, the young- These teams consist of a police officer and
ster screamed and ran, prompting the suspect to speed probation officer sharing an office on school cam-
away. The next day’s local newspaper recounted the puses. However, the partnership involves much more
young girl’s brush with danger and related four than simple colocation. The team becomes an integral
previous attempted abductions of young students. The part of the campus environment by forming bonds
article also noted several recent incidents involving with students and forging professional working
students robbed of their backpacks at gunpoint. relationships with school staff members. Each team
These high-profile incidents of students accosted provides uniform patrol, holds citation hearings,
as they traveled to and from school garnered a good supervises students on probation, imposes informal
deal of media coverage that marred an overall reduc- probation sanctions, and investigates crime. The
tion of crime and disorder in the Fresno school system school district provides office space, furniture,
for the 1997/98 school year. Even though the Fresno telephones, shared funds for a computer, and parking
Unified School District has nearly 80,000 students for a patrol car. During the first 5 years of this pro-
and Fresno a population of over 400,000, the Fresno gram, crime on school campuses declined at an
Police Department could not allow even a small unprecedented rate. For example, the number of guns
number of such incidents to continue unchecked. discovered on Fresno high school campuses dropped

16 / FBI Law Enforcement Bulletin


98 percent, from 49 in the 1992/93 school year to of fellow students. Also, students provide a great
only 1 in 1997/98; batteries against teachers went portion of the necessary feedback about the STARS
down 71 percent, from 55 to 16; and the number of Program to school officials and the police.
arrests of nonstudents for loitering on or around
school campuses decreased 91 percent, from 986 to Safe Houses
89, over the 5-year period. With these successes as a Several years ago in an effort to expand its public
foundation, the police/probation/school alliance used service role in the community, the Fresno Fire Depart-
the police-probation team concept as a model to ment created the program A Friend Is Waiting. The
tackle the problem of safeguarding program involves residents offer-
students going to and from school. ing their homes as a place of safety
for children who are in distress or


THE STARS PROGRAM danger until police arrive. A
The approach to increasing distinctive decal in the front
Students themselves
off-campus student safety began window identifies the residences
with a simple theory—the more must become aware as safe houses. Fire stations and
people actively looking out for of the dangers they commercial operations also act as
children as they walk to and from may encounter safe houses. The police department
school, the better. Based on this when traveling to screens all volunteers and mem-
premise, the police/probation/ and from school. bers of their households or busi-
school alliance developed the nesses before the fire department
Students Traveling and Arriving
Safely Program (STARS). It
encompasses seven core compo-
nents and actively involves not only police, probation,

City Employees
designates the locations as safe
houses.

and school district personnel but also parents, stu- Fresno municipal employees, such as sanitation
dents, neighborhood residents, firefighters, city workers and bus drivers, routinely drive in neighbor-
employees, and other volunteers. hoods around schools. They receive training to act as
“eyes and ears” for police, who instruct them to report
Parent Patrols any suspicious activity. Demonstrating intergovern-
Parents, wearing distinctive vests while walking mental cooperation, Fresno’s 500 local postal carriers
or driving their vehicles (clearly marked with STARS also receive this training and actively participate in
magnetic placards), patrol the streets near schools, the program. Additionally, city bus drivers receive
looking for suspicious individuals or vehicles. These radio broadcasts of suspects and suspect vehicles
volunteers do not take enforcement action or place involved in crimes against schoolchildren, which
themselves in danger. They use their personal cellular significantly increases the chances of locating these
telephones to contact police or school-issued radios to individuals.
contact school staff when necessary.
Citizens on Patrol
Student Awareness The police department deploys its highly success-
Students themselves must become aware of the ful Citizens on Patrol through school neighborhoods
dangers they may encounter when traveling to and during peak student travel times. For the past 2 years,
from school. Police personnel teach students to walk the department has offered graduates of its 16-week
with other students when possible, remain alert for Citizen’s Police Academy an additional 5-week
suspicious vehicles and individuals, take safe routes training course in first aid, defensive driving, com-
instead of shortcuts, and report suspicious activity munication procedures, and other police nonenforce-
to school officials or police. The training also ment skills. These uniformed volunteers, often
encourages students to pay attention to the well-being retired individuals, drive marked patrol cars (older,

August 1999 / 17
out-of-service police vehicles equipped with amber minimal start-up costs and virtually no ongoing costs.
instead of red and blue overhead lights) and assist The program requires only a minimum of law en-
police officers through such activities as directing forcement staff time for training parent patrols, school
traffic at accident scenes, patrolling parks and shop- staff members, city and postal workers, and students.
ping malls to deter crime, and helping with the Also, equipment such as parent patrol vests and
STARS Program. The volunteers take no enforcement magnetic car placards require minimal investments,
action but report suspicious activity via their police which can be offset with donations from civic organi-
radios. The program has proven so effective that the zations and parent clubs or through purchases by
department has included additional depreciated patrol interested volunteers.
vehicles in its annual budget. Discretionary funding
from the local city council and donations from the Community Support
community have provided other equipment and Partly because of the cost-effectiveness of the
supplies for the program. program but mainly because this effort increases child
safety, the alliance easily enlisted the support of city
School District Personnel employees, postal workers, school staff members, and
Staff, teachers, student safety assistants, and parents. Moreover, school staff members played a key
parent volunteers position themselves at the perimeter role in informing students and their parents about the
of the school grounds as students program and the opportunity to
arrive and leave school. They not participate, as well as identifying
only observe events occurring on groups of parents interested in
school property but also watch
nearby streets for possible prob-
lems. School staff members lend
vests and school radios to the
“ ...the alliance
implemented the
STARS Program with
forming parent patrols. Officers
assigned to each school’s neigh-
borhood provided training and
informative handouts to the
participating parent volunteers. minimal start-up volunteers, students, and teachers
costs and virtually at presentations arranged by school
Police Officers staff members.
no ongoing costs.
Police officers give special Representatives of each of the
attention to the streets near
schools, as well as to school and
city bus stops, at the beginning and
end of the school day. Officers
” seven components introduced the
STARS Program to the community
at a news conference. Local
television stations and the leading
also make safety presentations to parents, students, local newspaper delivered upbeat reports on this new
city departments, and civic groups to encourage communitywide effort and expressed their support for
program participation. the program. Positive exposure continues through
news releases announcing success stories or publiciz-
Start-up Costs ing the program’s growth. This media attention
Once the alliance brought together these seven replaces the previously negative coverage given to
elements, it set out to ensure that the community did the attempted abductions and armed robberies of
not view this new approach to off-campus student students.
safety as a temporary program but rather as an Moreover, while the Fresno Police Department
ongoing collaborative effort. Also, the alliance knew had a lead role in this safety effort, the school district
that the program could not become dependent upon accepted responsibility for generating and managing
funding sources. If that happened, the alliance would staff, student, and parent involvement. Because the
need to focus on budgetary concerns instead of its school district has over 90 schools, the police depart-
primary mission of child safety. Therefore, the ment could not possibly administer the program each
alliance implemented the STARS Program with day at every school.

18 / FBI Law Enforcement Bulletin


Program Assessment
Representatives from school student bodies, Wanted:
parent groups, and the police/probation/school Photographs
alliance regularly meet to assess the effectiveness of
the program and make any suggested improvements.
These representatives also work together to recruit
volunteers to become part of the parent patrols or
make their homes available as safe houses. This
assessment process keeps the joint efforts strong and
united in their goal to increase the safety of the
community’s children as they travel to and from
school. Moreover, this collaboration of multiple work
groups, parents, students, and other volunteers does
not view itself as a short-term effort but as a renewed
commonsense approach to ensuring the well-being of
T he Bulletin staff is
always on the lookout
for dynamic, law enforce-
Fresno’s schoolchildren. ment-related photos for
CONCLUSION possible publication in the
magazine. We are interested
For the past 5 years, the Fresno Police Depart-
in photos that visually depict
ment, the Fresno County Probation Department, and
the many aspects of the law
the Fresno Unified School District have collaborated
enforcement profession and
successfully to dramatically decrease crime and
illustrate the various tasks
increase on-campus student safety. Now, with mini-
law enforcement personnel
mal start-up costs and virtually no ongoing expendi-
perform.
tures, they have employed the same multiagency
We can use either black-
approach to keep students safer as they travel to and
and-white glossy or color
from school by creating the Students Traveling and
prints or slides, although we
Arriving Safely Program. While the program involves
prefer prints (5x7 or 8x10).
public safety agencies and the school system, the true
Appropriate credit will be
stars of the program are the schoolchildren and the
given to contributing photog-
concerned citizens who give their time and efforts.
raphers when their work
Such committed involvement sends a clear message to
appears in the magazine. We
the criminals who prey on students and to the school-
suggest that you send dupli-
children themselves that the students’ welfare is of
cate, not original, prints as
paramount concern to the entire community.
we do not accept responsibil-
Other law enforcement agencies may have
ity for prints that may be
encountered similar problems in their communities
damaged or lost. Send your
and need to find cost-effective solutions. They may
photographs to:
want to consider bringing together local organizations
and work groups, providing appropriate training, and Brian Parnell, Art
creating a similar synergistic effort for the safety of Director, FBI Law
their communities’ schoolchildren. Enforcement Bulletin,
FBI Academy, Madison
Lieutenant Bridges serves with the Fresno, California, Building 209, Quantico,
Police Department. VA 22135.

August 1999 / 19
Self-directed Work Teams
By STEPHEN M. RAMIREZ, M.S.

I n 1829, after 7 years of failed Community Policing and Prob- current law enforcement climate
efforts, Robert Peel finally lem Solving (COPPS) represents demands that police agencies be-
succeeded in creating the Lon- today’s version of Peel’s vision. Al- come learning organizations; they
don Metropolitan Police.1 As has though just as Peel’s model did, must be proactive and adopt a holis-
often been the case throughout his- COPPS has its detractors, most law tic, or “systems thinking,” approach
tory, individuals of vision who in- enforcement agencies recognize its to problem solving. Yet, when de-
novate and create what others think value. Unfortunately, many police partments become compartmental-
has no value must suffer through the organizations have become top- ized, subcultures can develop along
birth of that vision. Peel’s years of heavy and reactionary. The hierar- such job functions as management,
persistence led to a professional po- chical, authoritarian management patrol, and other specialties, limit-
lice force in which the public and system inherent in most police ing communication, problem solv-
police work together to address the agencies has become a roadblock ing, and learning.3
community’s public safety and se- on the journey toward innovative, The ability to innovate in both
curity concerns. Yet, along with problem-solving policing. the technical and organizational
Peel’s vision of community-based Organizations that discover arenas remains crucial to effective-
policing came the paramilitary or- how to tap their employees’ com- ness.4 When law enforcement orga-
ganizational structure that he mitment and capacity to learn at all nizations operate ineffectively,
adopted. levels can excel in the future.2 The communities suffer. Centralized,

20 / FBI Law Enforcement Bulletin


hierarchical management structures
do not support fast-paced inno-
vation. Decentralized, nonhierar-
chical organizations dedicated to
the well-being and growth of em-
“ Self-directed work
teams take
advantage of
ployees, as well as to success, do employees’ talents,
support learning and innovation.5 A skills, abilities, ideas,
study known as the Hawthorne ex- and experiences.
periment proved that when manage-
ment pays attention to employees,
productivity increases.6 Thus, when
employees have a say in the work-
place, motivation and productivity
rise. Unfortunately, law enforce-
ment’s management structure does
not support high employee involve-

Chief Ramirez leads the St. Mary’s University
Police Department in San Antonio, Texas.

ment in workplace decisions. In nation, which suffers from the opportunities for empowerment
contrast, self-directed work teams effects of crime and social decay that individual employees usually
do. in communities. do not have.12 The empowerment
employees feel motivates them to
SELF-DIRECTED THE VALUE OF perform and increases customer
WORK TEAMS SELF-DIRECTED satisfaction.13 In a law enforcement
A self-directed work team con- WORK TEAMS agency, this translates into iden-
sists of a group of highly trained In today’s dynamic environ- tifying and resolving community
individuals with the responsibility ment, self-directed teams possess problems. Ultimately, law enforce-
and authority for completing a well- many advantages. With the freedom ment’s customers, community resi-
defined project.7 Self-directed work to make decisions and act on them, dents, feel safe and secure because
teams are not temporary. They rep- self-directed work teams can iden- they are.
resent a new way of doing business tify opportunities, find solutions,
in which top management basically and implement actions quickly, thus PREPARING FOR
leaves the teams alone as long as giving their organizations greater SELF-DIRECTED
they meet or exceed established flexibility.11 Police departments WORK TEAMS
goals. This autonomy takes full ad- that support effective community Self-directed work teams are
vantage of all of the team members’ policing and problem solving must not ends in themselves; instead,
talents, skills, abilities, ideas, and remain flexible. they represent the means by which
experiences.8 Executives of team- Self-directed work teams repre- agencies achieve other organiza-
based organizations retain their au- sent an important part of an tional goals.14 As such, the imple-
thority over strategies, but the organization’s overall strategy for a mentation of a self-directed team-
teams assume control over tactics.9 number of reasons. First, those clos- based management structure should
Self-directed work teams usu- est to the work know best how to be tied to clear organizational
ally are responsible for a work perform and improve their jobs. needs. Thus, during the first step in
process that delivers a product or Second, most employees want to the planning process, senior man-
service to a customer. 10 Law feel “ownership” in their jobs, that agement must analyze the agency’s
enforcement’s customers include they are contributing to the organi- current and probable organizational
not only the communities they are zation in a meaningful way. Finally, needs,15 attempting to answer the
sworn to serve but also the the autonomy teams enjoy provides following questions:

August 1999 / 21
1) Is the agency as efficient ment discover that residents did not After deciding what teams the
and effective as it needs to be fully appreciate or understand what agency requires, the steering com-
to succeed over the next the department does. Deciding the mittee focuses on determining how
decade? community and the department the teams will function. This means
2) What level of employee would benefit from increased com- deciding what management and ad-
involvement does the agency munication and interaction, the de- ministrative responsibilities the
have currently? partment established a work team to team will perform;21 establishing
design and manage a bimonthly roles and responsibilities for team
3) Would more commitment newsletter, “Code 3.” Containing leaders, members, facilitators, and
and involvement from employ- everything from crime prevention technical support members; and de-
ees improve the agency’s tips to information on new depart- signing the work-flow process. The
effectiveness? ment programs to guest columns by work-flow process includes every-
The answers to these questions members of the community, the thing from meeting schedules to
will help senior management deter- newsletter keeps residents informed evaluation procedures. After de-
mine whether and how self-directed and increases interaction between signing the team and establishing
work teams would help the agency the department and the community. work flow, the committee can be-
achieve its goals.16 Perhaps more gin recruiting and selecting team


important, senior leaders must as- members.
sess honestly their ability to master
and apply the hands-off leadership Selecting
style that self-directed work groups One survey of self- Team Members
require. Indeed, in order for self- directed work teams The steering committee can use
directed teams to succeed, the se- discovered that various instruments to assess and
nior leadership of the agency must inadequate training select team members. In a large de-
commit to and support the concept17 proved the greatest partment, application forms and
and make sure that the organ- personal references can yield basic
ization’s policies, procedures, and hindrance to effective information on candidates but can-
culture do, as well. If self-analysis team performance. not provide enough information on
indicates an organizational need those elements of ability and atti-


and readiness, then implementation tude that represent critical require-
may begin.18 ments for effective team member-
Designing the Team ship. Thus, the steering committee
IMPLEMENTING SELF- Depending on the size of the must devise other methods to deter-
DIRECTED WORK TEAMS agency, a steering committee may mine whether employees possess
The implementation process in- oversee the design process. The the ability to make decisions and
cludes the selection of teams and steering committee should include assume responsibility for the com-
members, as well as the training of senior managers, police union lead- plete work product.
those members. An “environmental ers, functional or human resource Three methods include targeted
scan,” which includes surveys, fo- managers, and line leaders. Man- interviewing, cognitive ability tests,
cus groups, and other information- agement expert Stephen R. Covey and technical skills test. Targeted
gathering techniques, can identify points out that the working system interviews attempt to reveal if can-
what the agency’s customers expect in the United States focuses on indi- didates have the general skills and
and help management determine vidualism, not synergy and team personality that match the team re-
what teams they should create.19 work.20 The members of the steer- quirements. Cognitive ability and
For example, holding focus groups ing committee must overcome this technical skills tests use a written
in the community helped the St. mind-set and break free from myo- examination to pinpoint more spe-
Mary’s University Police Depart- pic thinking. cialized skills.

22 / FBI Law Enforcement Bulletin


Training the New Team ences. As a result, they represent the this organizational culture shift.
Even the most sophisticated se- most advanced form of worker em- With a strong commitment and
lection instruments cannot guaran- powerment and can help police adequate planning, police leaders
tee the success of the team, and the agencies more effectively reach can ensure that the movement to
management of any organization their organizational goals. self-direction becomes a harbinger
never should turn over managerial The implementation of work of the future.
responsibilities to a group unpre- teams requires a change in organi-
Endnotes
pared to communicate effectively, zational philosophy from hierarchi- 1
K. Peak and R. Glensor, Community
resolve conflicts, or solve prob- cal authoritarianism to self-direc- Policing and Problem Solving: Strategies
lems.22 One survey of self-directed tion. Senior management must and Practices (Upper Saddle River, NJ:
work teams discovered that in- support and deliver the directive for Prentice-Hall, Inc., 1996), 2.
adequate training proved the great-
est hindrance to effective team
performance.23 For Further Reading
Training should help team
members develop technical, admin- W. Dick and L. Carey, The Systematic Design of Instruction
istrative, and interpersonal skills.24 (Tampa, FL: Harper Collins, 1990).
Managers should follow a few key
principles when designing and K. Fisher, Leading Self-directed Work Teams: A Guide to
implementing team-based training Developing New Team Leadership Skills (New York:
programs. First, the curriculum McGraw-Hill, 1993).
should reflect the uniqueness of
each team’s needs. A modular ap- J. Gillette and M. McCollom, Groups in Context: A New
proach with custom-made units, or Perspective on Group Dynamics (Lanham, MD: University
modules, can provide the right Press of America, Inc.).
training at the appropriate time.
Modules can be basic and inter- P.S. Goodman and Associates, Designing Effective Work
changeable or specialized for one Groups (San Francisco: Jossey-Bass, 1986).
team only. Next, during training,
the whole team should work to- P.K. Kelly, Team Decision-making Techniques (Irvine, CA:
gether to understand and improve Chang, 1996).
their relationships and processes.
Allowing team members to attend J.L. Lundy Teams: How to Develop Peak Performance
separate training sessions would Teams for World-class Results (Chicago: Dartnell, 1994).
forgo this important interaction. Fi-
nally, relatively short, but frequent, S.B. Merriam and R.S. Caffarella, Learning in Adulthood: A
training sessions that spread the Comprehensive Guide (San Francisco: Jossey-Bass, 1991).
learning process over time prove
more effective than longer sessions H. Robbins and M. Finley, Why Teams Don’t Work: What
that attempt to teach students every- Went Wrong and How to Make It Right (Princeton, NJ:
thing all at once.25 Peterson’s/Pacesetter, 1995).
CONCLUSION
E.H. Schein, Organizational Culture and Leadership (San
Self-directed work teams take Francisco: Jossey-Bass, 1992).
advantage of employees’ talents,
skills, abilities, ideas, and experi-

August 1999 / 23
16
2
P.M. Senge, The Fifth Discipline: The Art Implementation,” Quality Progress 29, no. 5 Supra note 7 (Owens), 56-57.
17
and Practice of the Learning Organization (1996): 81. Supra note 7 (Piczak and Hauser), 83-84.
8 18
(New York: Doubleday/Currency, 1990), 4. R.Y. Chang and M.J. Curtin, Succeeding Supra note 7 (Owens), 56-57.
19
3
E.H. Schein, “Three Cultures of Manage- As a Self-managed Team (Irvine, CA: Chang, Supra note 10, 83.
20
ment: The Key to Organizational Learning,” 1994), 5. S.R. Covey, “Unstoppable Teams,”
9
Sloan Management Review 38, no. 1 (1996): 9. Supra note 7 (Owens), 54. Executive Excellence 13, no. 7 (1996): 7-8.
10 21
4
Ibid., 17. R. Wellins, W. Byham, and J. Wilson, Supra note 8, 40-47.
22
5
Supra note 2, 15. Empowered Teams: Creating Self-directed M. Donovan, “The First Step to Self-
6
E. Mayo, The Social Problems of an Work Groups That Improve Quality, Productiv- direction Is Not Empowerment,” Journal for
Industrial Civilization (Boston: Harvard ity, and Participation (San Francisco: Jossey- Quality & Participation 19, no. 3 (1996):
University Press, 1945), 69-84. Bass, 1991), 3. 64-66.
11 23
7
T. Owens, “The Self-managing Work Ibid., 10-13. Supra note 10, 163.
12 24
Team: A New Approach to Frontline Manage- Ibid., 12. Supra note 22, 65.
13 25
ment,” Small Business Reports 16, no. 2 Supra note 7 (Owens), 56. Supra note 22, 65.
14
(1991): 53; and M. Piczak and R. Hauser, Supra note 10, 83.
15
“Self-directed Work Teams: A Guide to Supra note 7 (Owens), 56-60.

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returned to the author.

24 / FBI Law Enforcement Bulletin


Book Review

Business and Crime Prevention, edited by and crime prevention specialists. Today, police
Marcus Felson and Ronald V. Clarke, Criminal executives and managers are held to a much
Justice Press, New York, 1997. higher standard regarding basic job knowledge.
During the 1960s, police agencies in the To achieve success, executives and managers
United States became seriously involved in must remain well-versed on all police-related
crime prevention programs. However, the topics, from domestic violence to the Fair Labor
relationship between the business community Standards Act to less lethal use-of-force options
and law enforcement agencies has not been as to crime prevention.
successful in reducing business-related crimes. Business and Crime Prevention summarizes
The police and the business community have some of the most important studies and contem-
reacted to crime using different perspectives porary thoughts on these crimes. It presents up-
that, in turn, have stifled progress in reducing to-date information with real-world implications
business-related crimes. and covers tips on how law enforcement agen-
In more recent years, with the popularization cies can build improved relationships with
of community policing, many police depart- businesses. This text attempts to instruct busi-
ments have prioritized crime prevention. Even nesses how to protect themselves against crime
after emphasizing this issue, some agencies still and addresses the various ways that law enforce-
have not taken a serious look at the problems of ment can respond to their needs. The book
crimes against businesses. Community policing details the business industry’s perspective on
efforts regularly center on residential communi- crime prevention, giving a clearer understanding
ties and neighborhood problems. Varying police of what factors motivate businesses and why.
support can negatively affect the business Most businesses do not stress crime prevention;
community professionals in their efforts to they remain more interested in their profit and
protect themselves against crime, and in some loss ratio. For this reason, many police agencies
cases, the criminal justice system has abandoned encounter problems when trying to motivate
businesses in a political effort to control only business owners to develop crime prevention
those crimes that more directly affect the general strategies. This book reveals the impact of
public (i.e., voters). technology on crime and business, delves into
Business and Crime Prevention is an edited business liability issues, as well as the insurance
text that has successfully gathered several industry and its affect on crime prevention, and
pertinent articles from crime prevention experts. addresses the private security sector and its
These articles directly affect the manner in effects on business crime prevention.
which criminal justice and business profession- This text seeks to bridge the communication
als view crime problems facing the business gap between criminologists and the business
community today (e.g., crime prevention community, resulting in benefits to their rela-
techniques). tionship. Criminal justice professionals inter-
In the introduction, the editors demonstrate ested in keeping abreast of the information curve
the need for cooperation among criminologists, are strongly encouraged to make this book a part
business chief executive officers, and practicing of their libraries.
business managers. If criminologists and busi-
ness leaders join hands in this effort to reduce Reviewed by
crime, “both fields will be served, as will Chief Kenneth Sissom
society.” Merriam Police Department
This text will benefit criminologist and busi- Merriam, Kansas
ness professionals, as well as police executives

August 1999 / 25
Legal Digest

interference in the first place.”3


This article reviews case law,4 in
which courts specifically have ad-
dressed the question of the duration
of an investigative detention in de-
termining whether a seizure has be-
come a de facto arrest and focuses
on detentions of persons or items
taken from the immediate posses-
sion of a person. The focus of
courts’ analyzing such cases in-
cludes the actual duration of the de-
tention, the actions taken by the of-
ficers in the case, the actions taken
by the subject in the case, the ac-
tions the officers could have taken
in the case, and how diligently the
officers pursued their investigation.
Absent the existence of probable
cause, if a de facto arrest has oc-
curred, or an item is taken from the
immediate possession of a person
on a nontemporary basis, the sei-
Investigative zure will be found to be unreason-
able. Detentions of items not in the
immediate possession of a person or
Detentions made at the border are beyond the
scope of this article.5
How Long Is Too Long? U.S. SUPREME
By JAYME S. WALKER, J.D. COURT CASES
The Supreme Court has ad-
dressed the issue of the duration of
interference with a person’s liberty an investigative detention most di-

T
he “seizure” of a person has
been defined by the U.S. interest, the greater the factual rectly in United States v. Place,6
Supreme Court as govern- predicate an officer must have to and United States v. Sharpe.7 In
mental interference with a person’s believe that an offense has been Place, the Court concluded for the
freedom of movement through committed. first time that officers temporarily
means intentionally applied.1 An of- In Terry v. Ohio,2 the U.S. Su- could detain luggage for exposure
ficer making an arrest must have preme Court stated that “in deter- to a trained drug detection dog on
probable cause, while an investiga- mining whether the seizure and the basis that there was a reason-
tive detention only requires reason- search were unreasonable our in- able, articulable suspicion that the
able suspicion. The degree of inter- quiry is a dual one—whether the luggage contained contraband. Of-
ference with a person’s liberty officer’s action was justified at its ficers observed Place acting suspi-
interest defines the type of Fourth inception, and whether it was rea- ciously in the ticket line at the Mi-
Amendment seizure that has oc- sonably related in scope to the cir- ami airport and approached him.
curred. The greater the police cumstances which justified the The police asked to see Place’s

26 / FBI Law Enforcement Bulletin


ticket and asked him if he would
allow them to search his checked
luggage. The officers noticed that
the address tags on Place’s bags did
not match. While Place consented
“ In most cases involving
investigative detentions
lasting only a few
to a search, the officers decided not minutes, courts will not
to search the bags because of the find the duration of the
imminent departure of Place’s detention to be
flight. Further investigation by the unreasonable.
officers revealed that neither ad-
dress listed on the luggage tags ex-
isted and that Place had given the
airline a third address. The officers
called ahead to DEA agents at
LaGuardia Airport and told them
” Ms. Walker serves as a legal instructor and
attorney for the DEA at the FBI Academy.

what they had learned about Place.


When Place arrived in New believe that a traveler is carrying investigation at that location despite
York, two agents approached him luggage that contains narcotics, the having the time. In the final analy-
and began to ask him questions. principles of Terry and its progeny sis, even though the Court found the
Place told the agents that he knew would permit the officer to detain 90-minute detention of Place’s lug-
they were cops the minute he saw the luggage briefly to investigate gage without probable cause suffi-
them, and that in Miami, he had the circumstances that aroused his cient to render the seizure unreason-
been surrounded by police who had suspicion, provided that the investi- able, the Court declined to adopt an
searched his bags. After Place re- gative detention is properly limited outside limitation on the duration of
fused to consent to a search of his in scope.”8 an investigative detention. The
bags, the agents told him that they The Court also discussed how Court chose to leave the duration of
were detaining them. The agents long the item was detained, stating a detention of property taken from a
gave Place a phone number where that the brevity of the seizure is an person’s immediate possession to
he could reach one of the agents. important factor in concluding be determined on a case-by-case
Place left the airport. The agents whether a seizure can be justified basis.12
took the bags to be sniffed by a on mere reasonable suspicion.9 In Two years after Place, the U.S.
trained drug dog at Kennedy Air- evaluating the 90-minute detention, Supreme Court again addressed the
port. The drug dog alerted to the the Court stated that “[t]he length of question of the duration of an inves-
presence of contraband inside one the detention of respondent’s lug- tigative detention in United States
of the bags 90 minutes after the gage alone precludes the conclusion v. Sharpe.13 In Sharpe, a DEA
agents had taken the bags from that the seizure was reasonable in agent, while patrolling a coastal
Place. The agents obtained a search the absence of probable cause.”10 road in an area under surveillance
warrant, opened the bag to which The Court also indicated that “in for suspected drug trafficking, no-
the dog had alerted, and found co- assessing the effect of the length of ticed a car and a truck with a camper
caine inside. the detention, we take into account shell traveling in tandem. The agent
The U.S. Supreme Court ad- whether the police diligently pursue also noticed that the truck appeared
dressed a number of issues in Place, their investigation.” 11 The Court to be heavily loaded and the win-
including whether Terry principles concluded that the agents failed to dows were covered with cloth. The
could be applied to the warrantless diligently pursue their investigation agent followed the vehicles for
seizure of luggage. The Court con- because they knew when Place about 20 miles and decided to call
cluded that “when an officer’s ob- would arrive at LaGuardia and the highway patrol for assistance in
servations lead him reasonably to they did not arrange for additional making an investigative stop. After

August 1999 / 27
a highway patrol officer caught up The Court concluded that the whether an investigative detention
to the procession of vehicles, the agent in Sharpe pursued the investi- has become a de facto arrest, or, in
truck and car turned and drove 55 to gation in a reasonable manner. Dur- the case of an item taken from the
60 miles per hour down a camp- ing the detention of the truck driver, immediate possession of a person, a
ground road where the speed limit the agent obtained the assistance of nontemporary seizure. In some
was 30 miles per hour. After the local police to continue the deten- cases, courts have found that the
vehicles returned to the highway, tion of the occupants of the car. duration of an investigative deten-
the officer motioned for the car Upon arrival of the local police, the tion, standing alone, transformed
driver to pull over. The agent radi- agent immediately went to the loca- the detention into one requiring the
oed local police for additional help tion of the stopped truck. Once existence of probable cause. In
and remained with the stopped car there, the agent proceeded to look at other cases, courts have determined
while the officer continued on and the driver’s license and papers and, that while the investigative deten-
eventually pulled over the truck. immediately after being denied con- tion was not too long, the detention
Shortly thereafter, two backup sent to search, went to the back of became a de facto arrest for other
officers arrived at the car's location. reasons and, therefore, required
The agent then drove to the scene of probable cause.


the stopped truck, arriving approxi-
mately 15 minutes after the officer Investigative
had pulled it over. After the truck ...courts faced with Detention Too Long
driver refused the agent’s request to investigative In Place, the U.S. Supreme
search the vehicle, the agent went to detentions that have Court found that the 90-minute de-
the rear window of the camper, exceeded 90 minutes tention of Place’s bag was sufficient
where he smelled marijuana. He based on reasonable on its own to render the seizure un-
opened the camper and found mari- reasonable. In United States v.
suspicion...generally Puglisi,17 the U.S. Court of Appeals
juana inside.
In determining whether the stop have held such for the Eleventh Circuit found the
was reasonably related in scope to seizures to be 140-minute detention of a bag be-
the circumstances that justified it, unreasonable. longing to an airline traveler too
the Court stated that while it may long. In Puglisi, a DEA agent ob-


sometimes be difficult to distin- served Puglisi arrive in Atlanta fol-
guish between an investigative stop lowing a flight from Ft. Lauderdale.
and a de facto arrest, there is “no the truck to see whether the vehicle Puglisi made eye contact with the
rigid time limitation on Terry was overloaded. The court further agent, then walked further down the
stops.”14 One highly relevant factor explained that while the agent pro- concourse, turned, and looked at the
in assessing a detention’s duration ceeded to expeditiously conduct the agent. After Puglisi checked in for
is “whether the police diligently investigation, the delay in the case his connecting flight to Las Vegas,
pursued a means of investigation was caused by the truck driver’s the agent obtained the ticket Puglisi
that was able to confirm or dispel continuing on after the car had been had used to check in for his flight
their suspicions quickly, during pulled over.16 and retrieved his airline reservation
which time it was necessary to record. The record indicated that
detain the defendant. A court mak- How Long Is Too Long? Puglisi had reserved his one-way
ing this assessment should take care In both Place and Sharpe, the flight at 1 o’clock that morning, had
to consider whether the police are U.S. Supreme Court provided guid- left no call-back number, and had
acting in a swiftly developing situa- ance regarding how to assess paid for his ticket. The agent ap-
tion, and in such cases, the court whether an investigative detention proached Puglisi as he stood near an
should not indulge in unrealistic is too long. Lower courts consider a information counter and began to
second guessing.”15 number of factors in determining talk with him. The agent learned

28 / FBI Law Enforcement Bulletin


that the name on Puglisi’s ticket and constituted an unlimited seizure. last longer than a few minutes but
driver’s license did not match. The appellate court agreed with are less than the 90 minutes dis-
While Puglisi agreed to be frisked, Puglisi’s argument, stating that cussed by the Court in Place.21
during which the agent found noth- “140 minutes, combined with the For example, in United States v.
ing, he refused to consent to a intrusiveness on Puglisi’s right to Frost,22 the U.S. Court of Appeals
search of his checked bag. The possession of the bag, rendered this for the Third Circuit concluded that
agent wrote down the bag claim seizure unreasonable under the an 80-minute detention of an airline
number and left the area, approxi- standards set forth in Terry and passenger’s suitcase did not consti-
mately 4 minutes after initially ap- Place.”18 Other courts faced with tute an unreasonable seizure. In
proaching Puglisi. investigative detentions that have Frost, two detectives observed
Using the claim check number exceeded 90 minutes based on rea- Frost deplane from a Ft. Lauderdale
copied from Puglisi’s ticket folder, sonable suspicion of an individual flight. He carried no luggage and
the agent found the bag and, at 9:17 or items seized from an individual had bulges in the pockets of his
a.m., instructed an airline employee generally have held such seizures to jeans. He went into a rest room for
to remove the bag from the cart it be unreasonable.19 only 15 seconds, exited, and looked
was on. The agent took the bag to around as if attempting to notice
Puglisi and asked him again if he whether he had been followed. He
would consent to a search. Puglisi persistently tugged down on his
refused to let the agent search the T-shirt as if trying to conceal some-
bag, at which point the agent de- thing he carried and had an object in
tained the bag, told Puglisi he his back pocket that appeared to be
would be letting a drug dog sniff it, cigarette rolling papers.
and watched Puglisi board his When detectives decided to ap-
flight. The agent took the bag to the proach Frost, he became increas-
police office and called for a drug ingly nervous as the conversation
dog. Because the dog handler had to with the detectives continued, and
drive to pick up the dog and then he contradicted himself in his re-
drive to the airport, the dog did not sponses to their questions. The de-
arrive at the airport until 11:27 a.m. tectives asked Frost what the bulges
Ten minutes later, the dog alerted to were in his pockets. Frost voluntar-
© Mark Ide
Puglisi’s bag. By this time, 140 ily reached into his pockets and
minutes had elapsed from the time pulled out rolls of cash in mostly
that the agent initially had seized Investigative tens and twenties, totaling over
the bag from the luggage cart. Upon Detention Reasonable $3,000. At 5:27 p.m., the detectives
obtaining a search warrant, the In Sharpe, the U.S. Supreme asked Frost to accompany them
agent opened the bag and found co- Court found that the detention of 1,500 feet to the airport police sta-
caine inside. He placed the defen- Sharpe for 20 minutes, given the tion. Frost agreed to go while one of
dant under arrest later the same existing circumstances, did not con- the detectives went to get his suit-
afternoon. stitute a de facto arrest made with- case. At 5:40 p.m., the detective ar-
Puglisi moved to suppress the out probable cause and did not vio- rived at the station with the suitcase.
cocaine found in his bag. The trial late the Fourth Amendment. In most Frost identified the suitcase as his,
court denied Puglisi’s motion and cases involving investigative deten- claimed he did not know how a pad-
found him guilty after a bench trial. tions lasting only a few minutes, lock got on it, and refused to con-
On appeal, Puglisi argued, among courts will not find the duration of sent to a search of the bag. At 5:55
other things, that the agent’s con- the detention to be unreasonable.20 p.m., the detectives told Frost that
tinued possession of his bag re- Difficult questions arise, however, they were going to have a dog sniff
quired probable cause because it with investigative detentions that the bag. At 6 p.m., the detectives

August 1999 / 29
called for a drug dog, checked approached Royer in the airport un- airline and brought them to the
Frost’s identification, and told him til the discovery of drugs in his suit- room. The detectives asked Royer if
that he could go. A few minutes case, an arrest without probable he would consent to a search of the
after Frost left, the drug dog arrived cause had occurred. In Royer, de- bags. While Royer said nothing in
and subsequently alerted to the cash tectives observed Royer’s appear- response, he took out a key and un-
from Frost’s pockets but not the ance, luggage, and mannerisms and locked one of the suitcases, in
suitcase. The officers obtained a decided to watch him more closely. which the detectives found mari-
search warrant and found cocaine Royer purchased a one-way ticket juana. Royer claimed to not know
during their search of Frost’s bag. to New York and put name tags on the combination to the lock on the
Frost pled guilty after the trial his bags that contained the name second suitcase but stated that he
court denied a motion to suppress “Holt” and “La Guardia.” did not have a problem if the detec-
the cocaine discovered in his bag. tives opened the bag. The detectives
On appeal, Frost argued, in part, opened the bag, found more mari-


that the 80 minutes the detectives juana inside, and arrested Royer.
took to have his luggage inspected In discussing the nature of the
by a drug sniffing dog was too long ...the duration of an detective’s conduct in Royer, the
and exceeded the limits of an inves- investigative detention Supreme Court stated that “[i]t is
tigative detention. may...make it a the State’s burden to demonstrate
The appellate court distin- that the seizure it seeks to justify on
guished the Frost case from Place de facto arrest, which, the basis of a reasonable suspicion
by noting that the 90-minute delay if made without was sufficiently limited in scope
in Place resulted from a lack of dili- probable cause, is and duration to satisfy the condi-
gence by the police in failing to unreasonable. tions of an investigative seizure.”25
arrange to have a drug dog in place The Court agreed that the bounds of


at La Guardia, knowing that a sub- an investigative stop had been ex-
ject they suspected of having con- ceeded by the “confinement” that
traband would be arriving from went beyond a limited restraint as
Florida, and to communicate to The detectives approached permitted by Terry and that, there-
Place what they were going to do Royer and asked if he would speak fore, Royer’s consent to a search of
with his luggage and how he could with them. Royer handed his ticket the bag was tainted.26 The Court
get it back. The Frost court found and driver’s license to the detec- found that:
that in contrast to the actions of the tives. The detectives noted that the What had begun as a consen-
agents in Place, the actions of the ticket bore the name “Holt” and the sual inquiry in a public place
detectives in Frost were diligent in driver’s license the name “Royer.” had escalated into an investi-
summoning the dog and giving The detectives kept the ticket and gatory procedure in a police
Frost receipts for his items and in- license as they continued talking interrogation room, where the
structions on how to retrieve them. to Royer, who became more vis- police, unsatisfied with
In addition, the court believed 1 ibly nervous as the conversation previous explanations, sought
hour to transport a drug dog to the continued. to confirm their suspicions.
airport at 6 p.m. was reasonable.23 The detectives asked Royer to The officers had Royer’s
come with them to a small room 40 ticket, they had his identifica-
Investigative Detention feet away. Royer went with the de- tion, and they had seized his
Becomes a De Facto Arrest tectives without responding. The luggage. Royer was never
In Florida v. Royer,24 the U.S. detectives retained Royer’s ticket informed that he was free to
Supreme Court held that during the and driver’s license. One of the de- board his plane if he so chose,
approximately 15 minutes that tectives, without Royer’s consent, and he reasonably believed
elapsed from the time detectives retrieved Royer’s bags from the that he was being detained. At

30 / FBI Law Enforcement Bulletin


least as of that moment, any frequently examined questions by registration check;38 whether the
consensual aspects of the courts when assessing the duration officers knew of the subject’s ar-
encounter had evaporated, and of an investigative detention are rival in advance;39 and the length of
...[a]s a practical matter, Royer how diligently the police pursued delay resulting from officers await-
was under arrest.27 their investigation and what infor- ing the arrival of officers with spe-
Significantly, the Court charac- mation is given to subjects regard- cialized experience.40 Finally, even
terized the actions of the officers as ing the detention of any items taken if the duration of an investigative
more intrusive than necessary and from their possession. The reason- detention is short, it may be invalid
pointed out that if the officers had ableness of the duration of an inves- if other factors exist that make it a
returned Royer’s ticket and driver’s tigative detention is dependent de facto arrest, and there is no prob-
license and told him he was free to upon the steps taken by the police to able cause.
leave, that “might have obviated quickly confirm or dispel the suspi-
any claim that the encounter was cion that initially justified the de- Endnotes
1
tention. With respect to whether the Brower v. County of Inyo, 489 U.S. 593,
anything but a consensual matter 597 (1989).
from start to finish.”28 Additionally, police acted with diligence, courts 2
392 U.S. 1 (1968).
the Court noted that there was no have found the following factors 3
Id. at 19-20.
indication that security or safety significant: whether the questions 4
Some states have statutes that address the
permissive length of a detention. See, e.g., DEL.
concerns prompted the officers to CODE ANN. tit. 11 § 1902 (1998); WIS. STAT. §
move the location of the encounter 968.24 (1998). See also Dix, Nonarrest
to the office. Investigatory Detentions in Search and Seizure
Law, 5 Duke L.J. 849 (1985) (a comprehensive
CONCLUSION discussion of investigative detention issues).
5
See, e.g., United States v. Van Leeuwen,
This article has addressed the 397 U.S. 249 (1970) (parcel); United States v.
role of the duration of an investiga- Montoya de Hernandez, 473 U.S. 531 (1985)
tive detention of a person or an item (border).
6
462 U.S. 696 (1983).
taken from the immediate posses- 7
470 U.S. 675 (1985).
sion of a person in determining 8
462 U.S. 696, 706 (1983).
whether it has become a de facto 9
Id. at 709.
10
arrest requiring probable cause. Id.
11
Id.
While the U.S. Supreme Court has 12
This statement also applies to the
refused to adopt an outside limit on temporary detention of persons. In Place, the
© K.L. Morrison
the duration of an investigative de- Court stated that “when the police seize luggage
tention, a number of conclusions re- asked were related to the justifica- from the suspect’s custody, we think the
limitations applicable to investigative
garding this issue can be made. tion for the detention;29 the number detentions of the person should define the
First, the duration of an investiga- of people or items involved in the permissible scope of an investigative detention
tive detention may, standing alone, detention;30 whether the police im- of the person’s luggage on less than probable
make it a de facto arrest, which if mediately called for a drug dog;31 cause.” Id. at 708-09.
13
470 U.S. 675 (1985).
made without probable cause, is un- the length of the delay in waiting for 14
Id. at 685.
reasonable. Second, while Place a drug dog;32 subjects claiming that 15
Id. at 686-87 (citations omitted).
does not state that a detention can- they do not know each other;33 re- 16
Id.
17
not last longer than 90 minutes, turning the subject to the scene;34 723 F.2d 779 (11th Cir. 1984).
18
Id. at 783.
courts deciding cases involving in- tracking down the subject’s mis- 19
See, e.g., United States v. $191,910.00 in
vestigative detentions of 90 minutes leading stories;35 the subject’s eva- U.S. Currency, 16 F.3d 1051 (9th Cir. 1994)
or more have generally found them sive answers to questions;36 the of- (125-minute detention was unreasonable);
to be unreasonable in the absence ficer awaiting backup while alone United States v. Codd, 956 F.2d 1109 (11th
Cir. 1992) (detention of subject for 2 1/2 hours
of probable cause. Third, and in late at night with belligerent sub- was unreasonable); United States v. Scales, 903
keeping with Place, the two most jects;37 computer problems during a F.2d 765 (10th Cir. 1990) (6 1/2-7-hour

August 1999 / 31
29
detention of bag prior to dog alert was detention); United States v. Sullivan, 903 F.2d See, e.g., United States v. Davies, 768
unreasonable); United States v. Cagale, 849 1093 (7th Cir. 1990) (45-minute detention); F.2d 893 (7th Cir. 1985); United States v.
F.2d 924 (5th Cir. 1988) (90-minute detention United States v. Tavolacci, 895 F.2d 1423 Bautista, 684 F.2d 1286 (9th Cir. 1982). Cf.
of bag prior to dog alert was unreasonable); (D.C. Cir. 1990) (10-15-minute detention); United States v. Babweh, 972 F.2d 30 (2d Cir.
Moya v. United States, 761 F.2d 322 (7th Cir. United States v. Cooper, 873 F.2d 269 (11th 1992); United States v. Kennedy, 573 F.2d 657
1984) (3-hour detention of bag prior to dog Cir. 1989) (35-minute detention); United States (9th Cir. 1978).
30
sniff was unreasonable); United States v. v. Teslim, 869 F.2d 316 (7th Cir. 1989) (25- See, e.g., Baker v. Monroe Tp., 50 F.3d
Sanders, 719 F.2d 882 (6th Cir. 1983) (3-hour minute detention); United States v. Hardy, 855 1186 (3d Cir. 1995); United States v. Ogden,
detention of subject and luggage while agents F.2d 753 (11th Cir. 1988) (50-minute 703 F.2d 629 (1st Cir. 1983).
31
obtained dog to sniff bag was unreasonable). detention); United States v. Knox, 839 F.2d 285 See, e.g., United States v. Villa-Chaparro,
Cf. United States v. Hodoyan-Palacios, 993 F. (6th Cir. 1988) (30-minute detention); United 115 F.3d 797 (10th Cir. 1997); United States v.
Supp. 789, 793 (S.D.Cal. 1998) (2-hour States v. Rutherford, 824 F.2d 831 (10th Cir. Bloomfield, 40 F.3d 910 (8th Cir. 1994);
detention found reasonable. The court stated 1987) (1-hour detention); United States v. United States v. Glover, 957 F.2d 1004 (2d Cir.
that “Governmental agents rarely confront such Alpert, 816 F.2d 958 (4th Cir. 1987) (50- 1992); United States v. Tavolacci, 895 F.2d
a high-level dangerous situation where an minute detention); United States v. Quinn, 815 1423 (D.C. Cir. 1990); United States v. Hardy,
alleged assassin of a large criminal organization F.2d 153 (1st Cir. 1987) (25-minute detention); 855 F.2d 753 (11th Cir. 1988).
32
presents such an immediate potential threat to United States v. Erwin, 803 F.2d 1505 (9th Cir. See, e.g., United States v. Villa-
public safety and welfare.”); United States v. 1986) (45- minute detention); United States v. Chaparro, 115 F.3d 797 (10th Cir. 1997);
$28,980.00 in U.S. Currency, 786 F. Supp. 899 Davies, 768 F.2d 893 (7th Cir. 1985) (45- United States v. Bloomfield, 40 F.3d 910 (8th
(D. Ore. 1990) (90-minute detention not minute detention); United States v. Borys, 766 Cir. 1994); United States v. McFarley, 991
unreasonable). F.2d 304 (7th Cir. 1983) (75-minute detention); F.2d 1188 (4th Cir. 1993); United States v.
20
See, e.g., United States v. Simpson, 992 United States v. Ogden, 703 F.2d 629 (1st Cir. Glover, 957 F.2d 1004 (2d Cir. 1992); United
F.2d 1224 (D.C. Cir. 1993) (10-minute 1983) (30-40-minute detention); United States States v. Nurse, 916 F.2d 20 (D.C. Cir. 1990);
detention was reasonable); United States v. v. Bautista, 684 F.2d 1286 (9th Cir. 1982) (10- United States v. Tavolacci, 895 F.2d 1423
Bell, 892 F.2d 959 (10th Cir. 1989) (5-minute 12-minute detention); United States v. (D.C. Cir. 1990); United States v. Hardy, 855
detention was reasonable); United States v. Richards, 500 F.2d 1025 (9th Cir. 1994) F.2d 753 (11th Cir. 1988); United States v.
Hanson, 801 F.2d 757 (5th Cir. 1986) (5-10- (detention of slightly over 1-hour);United States Quinn, 815 F.2d 153 (1st Cir. 1987); United
minute detention was reasonable). v. Borrero, 770 F. Supp. 1178 (E.D. Mich. States v. Borys, 766 F.2d 304 (7th Cir. 1983).
21 33
In the following cases the duration of the 1991) (70-minute detention); United States v. See, e.g., United States v. Knox, 839 F.2d
detention was found to be reasonable: United Campbell, 627 F. Supp. 320 (D. Alaska 1985) 285 (6th Cir. 1988).
34
States v. Villa-Chaparro, 115 F.3d 797 (10th (57-minute detention). Cf. United States v. See, e.g., United States v. Medina, 992
Cir. 1997) (43-minute detention); United States Acosta-Colon, 157 F.3d 9 (1st Cir. 1998) (30- F.2d 573 (6th Cir. 1993).
35
v. McCarthy, 77 F.3d 522 (1st Cir. 1996) (75- minute detention too long where no investiga- See, e.g., United States v. Robinson, 30
minute detention); United States v. Vega, 72 tory action pursued by officers to confirm or F.3d 774 (7th Cir. 1994).
36
F.3d 507 (7th Cir. 1995) (62-minute detention); dispel their suspicion); United States v. See, e.g., United States v. Robinson, 30
Allen v. City of Los Angeles, 66 F.3d 1052 (9th Babweh, 972 F.2d 30 (2d Cir. 1992) (40-minute F.3d 774 (7th Cir. 1994); United States v.
Cir. 1995) (24-minute detention); Baker v. detention too long); United States v. Kennedy, Richards, 500 F.2d 1025 (9th Cir. 1994).
37
Monroe Tp., 50 F.3d 1186 (3d Cir. 1995) (15- 573 F.2d 657 (9th Cir. 1978) (45-minute See, e.g., United States v. Robinson, 30
minute detention); United States v. White, 42 detention too long); United States v. Jennings, F.3d 774 (7th Cir. 1994).
38
F.3d 457 (8th Cir. 1994) (80-minute detention); 468 F.2d 111 (9th Cir. 1972) (30-minute See, e.g., Courson v. McMillian, 939 F.2d
United States v. Bloomfield, 40 F.3d 910 (8th detention too long); State v. Kirby, 744 P.2d 1479 (11th Cir. 1991).
39
Cir. 1994) (1-hour detention); United States v. 146 (Kan. Ct. App. 1987) (30-minute detention See, e.g., United States v. Hooper, 935
Robinson, 30 F.3d 774 (7th Cir. 1994) (20- too long). F.2d 484 (2d Cir. 1991); United States v.
22
minute detention); United States v. Medina, 999 F.2d 737 (3d Cir. 1993). Alpert, 816 F.2d 958 (4th Cir. 1987); United
23
992 F.2d 573 (6th Cir. 1993) (30-60-minute Id. at 742. States v. Campbell, 627 F. Supp. 320 (D.
24
detention); United States v. McFarley, 991 F.2d 460 U.S. 491 (1983). Alaska 1985). Cf. United States v. $191,910.00
25
1188 (4th Cir. 1993) (38-minute detention); Id. at 500. in U.S. Currency, 16 F.3d 1051 (9th Cir. 1994);
26
United States v. Withers, 972 F.2d 837 (7th Cir. Id. at 501. Other courts also have found Moya v. United States, 761 F.2d 322 (7th Cir.
1992) (15-20-minute detention); United States detentions of arguably reasonable duration to be 1984).
40
v. Glover, 957 F.2d 1004 (2d Cir. 1992) (30- unreasonable because they had become de facto See, e.g., United States v. Winfrey, 915
minute detention); Courson v. McMillian, 939 arrests for which no probable cause existed. F.2d 212 (6th Cir. 1990).
F.2d 1479 (11th Cir. 1991) (25-minute See, e.g., United States v. Obasa, 15 F.3d 603
detention); United States v. Hooper, 935 F.2d (6th Cir. 1994); Peterson v. City of Plymouth, Law enforcement officers of other than
484 (2d Cir. 1991) (30-minute detention); Minn., 945 F.2d 1416 (8th Cir. 1991); federal jurisdiction who are interested in
United States v. Mondello, 927 F.2d 1463 (9th Minnesota v. Blacksten, 507 N.W.2d 842 this article should consult their legal
Cir. 1991) (30-minute detention); United States (Minn. 1993) (detention for over 1-hour became advisors. Some police procedures ruled
permissible under federal constitutional law
v. Nurse, 916 F.2d 20 (D.C. Cir. 1990) (20-30- a de facto arrest). are of questionable legality under state law
27
minute detention); United States v. Winfrey, Id. at 503. or are not permitted at all.
28
915 F.2d 212 (6th Cir. 1990) (10-15-minute Id. at 504.

32 / FBI Law Enforcement Bulletin


The Bulletin Notes
Law enforcement officers are challenged daily in the performance of their duties; they face each
challenge freely and unselfishly while answering the call to duty. In certain instances, their actions
warrant special attention from their respective departments. The Bulletin also wants to recognize
their exemplary service to the law enforcement profession.

On their way to make an


arrest, Agents Robert Collins,
Harry Pagano, and John Gerardi
of the Pennsylvania Board of
Probation and Parole witnessed a
car spin out of control on a
slippery, wintry road, roll over
several times, and finally rest
upside down on the shoulder of
the road. Agents Collins and
Parole Agent Collins Parole Agent Pagano Parole Agent Gerardi Pagano approached the car while
Agent Gerardi called the
Lycoming County Emergency Services Center. Agent Pagano dropped to his stomach in the fuel-
drenched mud and observed the unconscious driver hanging upside down in his seat belt, gasping for
breath and bleeding from his ear. Agent Pagano turned off the ignition, cradled the victim to soften his
fall, unhooked the seat belt, and lowered the victim onto the inverted roof. After determining that the
victim was breathing regularly, Agent Collins applied a compress to stop the loss of blood from the
victim’s head injuries. After medical technicians arrived, the agents assisted the state police by lighting
flares and directing traffic around the accident scene. The actions of these agents clearly went beyond
the call of duty.

Sergeant Lawrence A. Stefanski of the Oswego,


Illinois, Police Department was dispatched to a pond in
Oswego, Illinois, where two youths had fallen through
the ice. One boy, 60 feet from the shore, was crying and
screaming. The other boy, about 10 feet farther away,
assured that he was okay and able to keep himself afloat.
Oswego Police Department’s Detective Dwight Baird
arrived, and both officers broke through the 2-inch-thick
ice using their hands, forearms, elbows, and chests. The
officers reached the closest boy just as he went com-
Sergeant Stefanski Detective Baird pletely under the water. Sergeant Stefanski grabbed the
boy’s coat and then went under the water. He resurfaced
and, with two broken ribs, swam to shore with the boy holding onto his neck. Detective Baird tied an
extension cord around his waist, swam to the second boy, and grabbed him. Both Detective Baird and
the boy were pulled ashore by other officers and paramedics. Due to Sergeant Stefanski’s and Detective
Baird’s acts of heroism, two young lives were saved.
U.S. Department of Justice Periodical
Federal Bureau of Investigation Postage and Fees Paid
Federal Bureau of Investigation
935 Pennsylvania Avenue, N.W. ISSN 0014-5688
Washington, DC 20535-0001

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