Professional Documents
Culture Documents
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
Cover photo
© Don Ennis
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
“
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
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
“
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
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
“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
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
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 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.
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,
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.
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.
Author Guidelines
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Favorable consideration cannot be given to for help in submitting articles, or manu-
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returned to the author.
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
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
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
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
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.
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