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October 2002

Volume 71
Number 10
United States
Department of Justice
Federal Bureau of Investigation
Washington, DC 20535-0001

Robert S. Mueller III


Director
Features
Contributors' opinions and statements
should not be considered an
endorsement by the FBI for any policy,
program, or service.
Physical Fitness in Physical fitness can help law
The attorney general has determined
that the publication of this periodical is
necessary in the transaction of the
Law Enforcement 1 enforcement officers in their daily duties
and provide a sense of personal
public business required by law. Use
By Patti Ebling accomplishment.
of funds for printing this periodical has
been approved by the director of the
Office of Management and Budget. Safety Awareness for Public safety employees without

The FBI Law Enforcement Bulletin Public-Contact Employees 8 enforcement powers can face dangers
similar to those encountered by sworn
(ISSN-0014-5688) is published By Jacqueline B. Wheeler law enforcement officers.
monthly by the Federal Bureau of
Investigation, 935 Pennsylvania and Christopher M. Lando
Avenue, N.W., Washington, D.C.
20535-0001. Periodicals postage paid
at Washington, D.C., and additional Use-of-Force Policies The constitutional constraints on the
mailing offices. Postmaster: Send
address changes to Editor, FBI Law
Enforcement Bulletin, FBI Academy,
and Training 25 use of force by law enforcement
require reasonableness.
Madison Building, Room 209, By Thomas D. Petrowski
Quantico, VA 22135.

Editor
John E. Ott
Associate Editors Departments
Cynthia L. Lewis
Bunny S. Morris
Art Director 6 Focus on School Violence 17 Crime Data
Denise Bennett Smith
Assistant Art Director
Bomb Threat Assessments Violent Crimes Remained
Stephanie L. Lowe Relatively Unchanged
Staff Assistant 13 Bulletin Reports
Linda W. Szumilo Law Enforcement 18 Research Forum
This publication is produced by
Drugs and Crime Officer-Involved Shootings
members of the Law Enforcement
Communication Unit, 14 Perspective
William T. Guyton, chief.
Bulletproof Dogs
Internet Address
leb@fbiacademy.edu

Cover Photo
© Tom Chancey

Send article submissions to Editor,


FBI Law Enforcement Bulletin, FBI
Academy, Madison Building, Room
209, Quantico, VA 22135.

ISSN 0014-5688 USPS 383-310


Physical Fitness
in Law Enforcement
Follow the Yellow Brick Road
By PATTI EBLING

E arly on a cold, rainy morn- Academy (NA)2 feel when they Thomas Jefferson’s peers de-
ing, four veteran law en- participate in the obstacle course scribed him as being well formed,
forcement officers faced a and runs that comprise the FBI’s indicating strength, activity, and ro-
serious challenge to their physical Yellow Brick Road Fitness Chal- bust health. He appeared strong, ac-
and mental abilities as they waited lenge. Why do they subject them- tive, and in full possession of a
to hear the clang of a bell. One of- selves to such a task? Why do so sound mind. To this day, his firm
ficer thought, “If I had any brains, I many consider taking home their belief in the importance of exercise
wouldn’t be here.” The second pon- yellow brick as important as the inspires many officers through his
dered, “I know I haven’t got the academic skills, friendships, and words engraved on a bell left as a
heart for this.” The third officer professional contacts they garner legacy from the 195th session of the
worried, “My courage will fail me,” while attending the NA? The varied NA. Law enforcement officers from
and the fourth kept saying to her- and complex answers hinge on a around the world stop to reflect on
self, “I wish I’d stayed home!”1 quote from America’s third presi- these words before beginning a run
What terrible fate awaited these dent, Thomas Jefferson: “Exercise at the FBI Academy.
highly experienced, streetwise of- and recreation are as necessary as For several decades, the FBI
ficers? The Yellow Brick Road. reading; I will say, rather, more nec- has trained law enforcement profes-
These officers illustrate what essary because health is worth more sionals and, in the process, has cre-
many attendees of the FBI National than learning.” ated a testament to the importance

October 2002 / 1
of physical, as well as mental, pre- EXAMINING THE FBI’S the NA. Only a handful of students
paredness. Fitness and the FBI have FITNESS CHALLENGE showed up for the first few Chal-
become nearly synonymous not The FBI’s Focus on Fitness lenges. They would meet at 5 p.m.
only because law enforcement of- program emphasizes cardiovascular in the gym and go for a run. Nor-
ficers must remain physically ca- and strength training. The agency mally, these runs were longer than
pable to perform their duties but tests its agents on their physical fit- the runs that they had in their physi-
also because exercise can help them ness and encourages them to main- cal training classes. Eventually, the
combat the stress associated with tain these fitness levels throughout Challenge grew and became a com-
the emotional pressure of their pro- their careers. Law enforcement of- bined effort of the National Acad-
fession. However, “as an occupa- ficers who remain physically fit emy Unit and the Physical Training
tion, law enforcement holds the dis- prove more readily able to cope Unit. It subsequently evolved into a
tinction of having the highest rate of with the day-to-day stress of the job structured series of seven physi-
heart disease, diabetes, and suicide and are better prepared to handle cally challenging runs, culminating
out of 149 professions.”3 This un- critical incidents. Realizing this, the in the ultimate Yellow Brick Road
fortunate statistic belies the impor- FBI established the Focus on Fit- endurance feat. The 154th session
tance of physical fitness in the law ness program to promote the health of the NA received the first yellow
enforcement profession.4 and wellness of its special agent bricks, beginning a tradition that
While most law enforcement population, which then led to the survives today. In fact, physical
agencies recognize the importance inclusion of the NA into the pro- training (PT) instructors estimate
of physical fitness for their officers gram and the development of the that they have awarded over 14,000
and encourage them to exercise and FBI Fitness Challenge. yellow bricks to NA students who
maintain an adequate level of fit- have completed the Challenge.
ness, many find it difficult to imple- History These bricks, painted yellow and
ment a fitness program. To this end, In 1981, the FBI Academy bearing the number of the NA ses-
the FBI’s program may provide implemented the Fitness Challenge. sion, serve as a vivid reminder of
agencies with an example that they The Physical Training Unit5 started the recipient’s success in overcom-
can adapt for their personnel. the Challenge as part of a class for ing physical, mental, and emotional
challenges.
The Oz Connection


Why did the FBI go to Oz to
find a name for part of its Fitness
No winners or Challenge? Several years before the
losers should exist FBI became involved, the U.S. Ma-
rine Corps at Quantico, Virginia,
in a well-developed designed a running course for its
physical fitness trainees. As a safety feature, painted
program, just yellow rocks showed runners the
participants doing way through the wooded trail. In-
their best. structors told trainees to follow the
yellow rocks along the way, and,

Ms. Ebling is a physical training instructor in the


Operational Skills Unit at the FBI Academy.
” soon, runners began calling the trail
the “Yellow Brick Road.” Over the
years, participants coined names for
some of the runs, such as the “Hump
Run” and the “Belly of the Beast,”

2 / FBI Law Enforcement Bulletin


based on the terrain. However, to and helpful for many students. total of 6.1 miles. Some runners opt
maintain a cohesiveness, the FBI Some assume the role of leaders in to run both ways for a total of nearly
decided to name the runs in the their groups and help others along 9.5 miles.
Challenge after characters and the way. All of the students work Once at the site, students face a
events in The Wizard of Oz.6 together to accomplish a common bear trap, barbed wire, and numer-
The first run of the Challenge, goal—a yellow brick, the symbol of ous hills that wind through rough
Not in Kansas Anymore, consists of their achievement. terrain. Running such a demanding
1.8 miles and occurs only 2 weeks NA students keep track of their course unites the students who help
after the NA students arrive at the own runs by initialing their log each other through the tough spots.
FBI Academy. It reminds them that books in the gym after each run. They soon realize that it is not a
they have started on a new adven- Basing their performance on the one-person challenge but a team ef-
ture. The next run, the Tin Man honor system truly challenges those fort. Sometimes, students take a
Trot, winds through the woods for wrong turn and find themselves on
2.6 miles, while the third run, the an unsolicited tour of the Virginia
Gates of Oz, goes down a gravel countryside. PT instructors round
road and then through the woods for them up and get them back on the
3.1 miles. The midpoint of the Chal- correct trail. Climbing over walls,
lenge, the Cyclone, consists of 30 running across creeks, jumping
minutes of circuit training on the through simulated windows, and
track. All of the NA students and PT scaling sheer rock faces with the
instructors run for 30 minutes, stop- help of ropes present physically
ping along the way to do crunches, demanding tasks for the runners,
push ups, and dips. The fifth run, but belly crawling through a muddy
the Lion’s Leap, increases the miles trench reminds them that getting
to 3.4 and takes runners on the main dirty actually can be fun. As the
road around the FBI Academy. Fi- students make their way up the his-
nally, the Munchkin Trail consists torical Yellow Brick Road, the main
of a 4.2-mile run through the attraction on the course, they reflect
woods, while the Return to Oz, the on the markers left by prior NA ses-
last run before the Yellow Brick students who have less than stellar sion attendees. Everything from
Road, is 5.2 miles and includes a physical abilities. However, the PT concrete lions to fire hydrants have
hill that proves demanding even for instructors have found that the found a home on this site and serve
seasoned runners. Gradual inclines comradery that develops among the as memorials to those who con-
on this seemingly endless trail make participants during such demanding quered the Yellow Brick Road.
it very deceiving on the return run to activities creates an atmosphere of Next comes the most well-
the academy. trust and integrity that no one dares known obstacle—the cargo net
During the Challenge, the NA to destroy. made famous in the motion picture
students run in color groups accord- The Silence of the Lambs. Flipping
ing to their initial 1.5-mile run time The Yellow Brick Road over the top of the net, approxi-
that the PT instructors record at the The Yellow Brick Road is the mately 10 to 12 feet above the
beginning of training. The color final test of the Fitness Challenge. ground, offers a tough but exhilarat-
groups—jet black, black, gold, red, Its wooded trails, 3 walls, 6 ropes, ing test for everyone. After accom-
green, blue, and silver—each run and 26 obstacles make it the ulti- plishing this, most students stop to
with their own color-coded flag and mate challenge for everyone. Stu- take photographs, get a drink of wa-
develop a special group comradery. dents either must run out to or back ter, and catch their breath before
Running groups prove motivational from the Yellow Brick Road for a continuing the last three quarters of

October 2002 / 3
of it prior to our arrival. Its name
epitomizes the completion of the
FBI Fitness Challenge. Of course,
there is more to the NA than the
Yellow Brick Road, but it is unique
in its mystique. It is surrounded
with an aura that is symbolic of
physical achievement, not ego or
speed, just achievement.”
Such statements reveal the true
meaning and worth of physical
challenges by showing participants
far more about themselves than
their mere physical endurance. The
mental and emotional resolve they
need to go beyond perceived limits
and prove that they can succeed at a
a mile, which includes a combat student from the same session task they thought impossible re-
crawl under barbed wire in muddy stated, “I found that through regular flects the true meaning of a chal-
water, to the finish line. As they exercise my stress level was re- lenge. However, many participants
reach the end of the hard-fought duced substantially and my energy also have discovered the necessity
course, the students cheer, hug, and level has been great.” of balancing their desire to achieve
congratulate each other. The par- Besides the physical improve- with their physical limitations. This
ticipants have survived a physical ment of their bodies, many partici- may represent the most important
challenge and, in the process, pants stated that the teamwork and lesson of all.
learned some interesting lessons comradery that developed because
about themselves. of sharing a challenging experience CREATING FITNESS
proved more valuable. One student PROGRAMS
The Wizard’s Lessons in the 206th session said, “The In developing fitness programs,
PT instructors have received a single most important thing that the agencies should stress the idea of
great deal of feedback from NA stu- Challenge did for me was to reem- accomplishing each officer’s per-
dents who have participated in the phasize teamwork. It’s not that any- sonal best, not competing against
FBI Fitness Challenge. Most par- one was the fastest, slowest, fin- others who are younger or have
ticipants remarked on how the ished first, or last, but that each goal greater athletic abilities. This foun-
Challenge influenced their desire to was accomplished with teamwork dation must exist in physical fitness
maintain the level of fitness that and helping friends.” Another re- programs; otherwise, they become
they achieved while attending the marked, “The program has allowed fraught with problems inherent in
NA. For example, one student from me the opportunity to develop rela- competitions. If agencies empha-
the 206th NA session said, “The tionships, relieve stress, keep fo- size competing over teamwork, they
fitness program has been one of the cused academically, and build will create atmospheres where of-
most challenging aspects of the NA. comradery with my classmates. Not ficers push themselves beyond their
It has reawakened my realization enough can be said in regard to the limits, resulting in physical injuries
of the importance of physical fit- benefits I have received.” Finally, and emotional traumas from com-
ness. I did not think I could run as one student summed up his experi- petition-induced peer pressure.
far as I have, nor did I think I could ence by saying, “The Yellow Brick Instead, agencies must ensure
ever feel as well as I do.” Another Road is a mystery. We had all heard that their officers understand the

4 / FBI Law Enforcement Bulletin


importance of a team approach. A To help officers remain physically within themselves that even a wiz-
fitness program is not about the strong and mentally alert to perform ard could not have provided. In
fastest runners. It is about the fastest their duties and protect their short, they all found the brains,
runners completing the course and communities, law enforcement heart, and courage to achieve a
returning to the end to encourage agencies should encourage their of- much-sought-after goal and to re-
the slowest ones to do their best—in ficers to exercise and maintain a turn home with the knowledge that
essence, running twice to help their healthy diet. they did their best.
fellow officers. It is about all par- The FBI has long held that the
ticipants waiting at the finish line physical fitness of law enforcement Endnotes
until the last one completes the officers ranks equal with their men- 1
Any resemblance to the four characters
event and cheering that person as tal preparedness. To this end, the (the Scarecrow, the Tin Man, the Cowardly
heartily as the first. It is about going FBI Academy offers its Fitness Lion, and Dorothy) in L. Frank Baum’s classic
out in the rain, snow, or oppressive Challenge, including one course children’s tale The Wizard of Oz is intentional
and acknowledged by the author. The subtitle of
heat and continuing to train and im- this article came from the musical score of the
prove. It is about transforming a film version, E.Y. Harburg and Harold Arlen,


group of individuals into a team, We’re Off to See the Wizard (New York, NY:
changing “I’ll try” to “We’ll try” Leo Feist, Inc., 1939).
2
The FBI hosts four 10-week sessions each
and, ultimately, to “We did it.” year during which law enforcement executives
This sense of accomplishing a These bricks... from around the world come together to attend
difficult task as a team represents serve as a vivid classes in various criminal justice subjects,
including physical fitness.
the fundamental aspect of the FBI’s reminder of the 3
Ronald J. Getz, “You Can’t Afford Not to
yellow brick—a token given in rec- recipient’s success Have a Fitness Program,” Law and Order, June
ognition of each participant’s per- in overcoming 1990, 44-50.
sonal success and a reminder of 4
For a comprehensive overview of the
those who helped that person attain physical, mental, physical benefits of exercise, see Wayne
it. Any item would work as well. By and emotional Westcott, Strength Fitness (Dubuque, IA:
Brown & Benchmark, 1995); Jack Wilmore and
emphasizing cooperation, not com- challenges. David Costill, Physiology of Sport and Exercise
petition, agencies can demonstrate (Champaign, IL: Human Kinetics, 1999);


to all of their officers, regardless of Everett Aaberg, Resistance Training
(Champaign, IL: Human Kinetics, 1999); and
skill or age, that improving Kenneth Cooper, The Total Aerobics Program
everyone’s fitness level constitutes for Well-Being (New York, NY: Bantam/M.
the goal that all personnel should that has become nearly legendary Evans & Co., Inc., 1983).
5
work toward. No winners or losers over the past 20 years. The Yellow Due to organizational restructuring, the
FBI Academy recently combined physical
should exist in a well-developed Brick Road may have begun in the training with practical skill instruction to form
physical fitness program, just par- imaginary land of Oz, but it has the Operational Skills Unit. For clarity in the
ticipants doing their best. shown many law enforcement offic- article, however, the author maintains the
ers the way to a healthier lifestyle original title of the unit charged with providing
CONCLUSION physical training at the academy. She also
and, more important, a sense of gratefully acknowledges the assistance of all of
Today, everyone knows the im- pride in achieving a difficult goal the physical training staff members in the
portance of a healthy, active through personal effort and team- preparation of this article.
6
lifestyle. However, physical fitness work. Just like the four officers at L. Frank Baum, The Wizard of Oz (New
York, NY: Grosset & Dunlap, 1956).
for law enforcement officers is the beginning of this article, many
important not only for their per- felt beaten before they started. But,
sonal well-being but also for their with the help of their friends and the
survival in a profession fraught with wisdom gained from facing their
danger and high levels of stress. fears, they discovered resources

October 2002 / 5
Focus on School Violence
Bomb Threat Assessments substance to obtain, process, and store. His threat
By Ronald F. Tunkel, M.C.J. failed the reality test, and neither the school nor the
town was evacuated.
Further, threats from purportedly well-organized,
violent groups rarely are grounded in reality. In fact,
anonymous threateners often invoke the presence of a
group, peppering their communications with the
pronoun “we” or claiming to have an extensive
network conducting surveillance or preparing to carry
out the threat. Some threateners believe that having
the power of a group bolsters credibility with their
victims. In reality, to investigators involved in threat
assessment, such language usually suggests a lone
offender.
Studying the language of the threat plays a critical
role in the second avenue of analysis, looking for
evidence of commitment to the threat by the threat-
ener. Statement analysis involves studying a subject’s
language, verbal or written, to detect indicators of
deception; uncover hidden, disguised meanings or
motivations; or discover areas of sensitivity to the
subject. The use of first person active tense and
© Mark C. Ide unequivocal language signals a good indicator of

W
commitment. The statement, “At the next pep rally, I
hen investigators analyze an anonymous will throw a homemade pipe bomb filled with black
threat, they have a broad range of behav- powder after I light the fuse,” would carry more
ioral science techniques available to them, such as weight than “An upcoming pep rally may be disrupted
statement analysis, psycholinguistics, and forensic by our group carrying some high explosives, like
stylistics. They also rely on the more traditional gunpowder.” In the latter example, the subject uses
forensic sciences, including document examination, the passive tense “be disrupted” and equivocation in
finger- and voiceprinting, and DNA analysis. the statement through the qualifiers “may” and
When assessing school bomb threats, investiga- “some.” This language suggests a lack of commitment
tors first should question whether the threat passes the on the subject’s part.
reality test, which they should apply to both the Investigators also may see evidence of commit-
threatener and the threat. Though only a trained ment, or the lack thereof, in the details provided by
professional is qualified to render a psychological the offender. Has the offender put time, energy,
diagnosis, most people can recognize if an individual resources, or effort into his plan? For example, does
is grounded in reality. If the offender makes such he appropriately describe school security measures
claims as “The spacemen inside my head are telling and how they may be defeated? Likewise, something
me to blow up the school” or his language is a salad as simple as an incorrect address or misspelling of an
of unrelated or nonsensical words, he may have addressee’s name may signal a lack of commitment to
mental health issues, which could lessen the credibil- the threat. Certainly, if individuals seriously plan to
ity of the threat.1 Further, the threat itself may not be commit a potentially life-threatening crime and
grounded in reality. A recent case centered on a well- expose themselves to criminal prosecution, they
written note threatening to explode a device at a high would have done some research on their targets.
school. However, the writer claimed that he would The details that the subject provides also may
use plutonium, an extremely difficult and dangerous assist in the third area of analysis, the offender’s

6 / FBI Law Enforcement Bulletin


ability to carry out his threat. An offender demon- Fortunately, in most cases, the motive for these
strates ability when he provides appropriate and bomb threats involves some type of excitement or
accurate details about his plan or weapon. To indi- gain for the offender and simply making the threat
viduals assessing threats, providing these essential with no intention of ever carrying it out meets the
details establishes the credibility of the threatener. In offender’s needs. Some people feel a sense of thrill
the previous example of the lesser threat, an error and empowerment if the entire population of a school
exists in the details; gunpowder is not a high explo- is evacuated, people feel afraid, and such authority
sive. It sounds scary to say “high explosives,” but this figures as police and fire personnel arrive at the
statement would reflect the threatener’s lack of scene. And, if it is a beautiful spring day, or if school
knowledge, again suggesting low commitment and is canceled on a Friday or on a test day, an evacuation
lack of ability to carry out the threat. In the more can benefit the students as well. The research also
serious example, the suspect provided accurate details suggests that the axiom “most threateners don’t bomb
when describing a basic pipe bomb and most bombers don’t threaten”
recipe: pipe, viable explosive appears true in most cases. In fact,
filler, and a fuse to initiate the only a very small percentage of
device. He shows that he has
knowledge to make a device, and it
“ An offender
bomb threats to schools results in
the deployment of an actual, viable


suggests that he put time, energy, demonstrates ability device. Most anonymous bomb
and resources into his plan. threats at schools usually are false
when he provides
The fourth area of focus is alarms.
evidence of a motive. Does there appropriate and This information provides only
appear to be a justifiable mission/ accurate details about a brief, summary outline of how
goal behind the threat? “I’m tired his plan or weapon. investigators should assess anony-
of the jocks picking on younger mous bomb threats at schools. It is
kids and getting away with it.
Because none of the teachers will
do anything about it, I’m going to
bomb them!” Investigators should consider this type
” not intended for those assessing a
potential mass act of violence.
Applying these principles may
help administrators and law enforcement personnel
of statement more seriously than, “Everyone in this accurately assess the viability and credibility of a
town must die, and we’ll start with bombs in the high threat and appropriately gauge their response. Any
school.” The first threat gives an understandable credible evidence provided by teachers or peers that
reason for the threatened action. It is specific and one or more students are planning a mass homicide of
targets one group. The second statement is broad and their schoolmates and teachers needs to be assessed
lacks motive. Does this threatener not feel that his with different measures and afforded a graver concern
friends, family, and even himself fall into the category than the more typical anonymous bomb threat.
of “everyone in this town?” Sometimes, people vent
their anger and frustration through broad, bold talk. It Endnotes
dissipates the energy that an offender otherwise might 1
For illustrative purposes and to avoid confusion in the article, the
use for harmful intent. The first threat also raises author sometimes refers to subjects as males.
interest because the threatener seems to have consid-
ered, but run out of, the usual peaceful options when
he says, “Because none of the teachers will do Special Agent Tunkel serves with the Arson and Explosives
Programs Division, Bureau of Alcohol, Tobacco and
anything about it....” Research suggests that when a
Firearms and currently is assigned to the FBI’s National
subject feels he has no peaceful alternative or means Center for the Analysis of Violent Crime at the FBI
to communicate his grievance, the likelihood that he Academy.
will act out violently dramatically increases.

October 2002 / 7
© Mark C. Ide

© PhotoDisc

Safety © PhotoDisc

Awareness for
Public-Contact Employees
By JACQUELINE B. WHEELER and CHRISTOPHER M. LANDO

U nlike sworn law enforce- County, Virginia, Police Depart- weapons, or provide self-defense
ment officers, most public ment has developed a training class techniques. Rather, instructors
safety employees, such as on safety awareness.1 Instructors teach various strategies to help pre-
parole and probation officers, truant designed the class, offered as a 1- pare county employees for their
officers, building inspectors, or so- day training session at the Prince encounters with the public. These
cial workers, do not have enforce- William County Criminal Justice strategies include the use of the
ment powers. However, these em- Academy, to increase the awareness field interview stance (i.e., how and
ployees face similar threats to their of county employees of the poten- where to position themselves); what
safety because they, like law en- tially hazardous people and situa- physical cues or body language to
forcement officers, often deal with tions that they can encounter while watch for that could indicate a po-
individuals who have stepped on duty. tential attack; contact and cover or
across the boundaries of society’s “safety-in-numbers” strategy (i.e.,
laws. CLASS DESIGN one employee talks with the subject
To help its county government The training does not cover de- while another ensures safety); and
employees who have frequent fensive tactics. It does not advocate how employees can communicate
public contact, the Prince William the use of force, teach how to use any hazard they perceive to their

8 / FBI Law Enforcement Bulletin


coworkers so they can both react Instructors of the class also However, if employees believe
and escape from potentially hazard- teach the participants to recognize their safety is in jeopardy, they
ous situations. The instructors in- signs that can indicate possible al- should return later with coworkers,
corporate a combination of lectures, cohol or other drug use, such as conduct the interview in a safer en-
handouts, videos, and computer bloodshot eyes, unfocused vision, vironment, or obtain police protec-
presentations into the training impaired balance, slurred speech, tion so that they can quickly, and
to keep it interesting, as well as odor of alcohol, hallucinations, or safely, resume the questioning.
educational. wild or incoherent statements. Be- Another tactic, screening, in-
Divided into several categories cause the attitude and reaction of a volves consciously placing barriers
with various objectives, the training person using alcohol or other drugs or objects between the employee
session specifically teaches em- easily can change without warning, and the interviewee. If employees
ployees to be wary of certain warn- employees never should attempt to conduct the interview outside, they
ing signs that indicate an attack may interview or reason with a person may want to meet in a driveway
be imminent. Follow-up discus- who may be under the influence. where they can place the front of
sions provide methods of diffusion their cars between themselves and
or escape should the employee feel Methods of Diffusion or Escape the subjects. When conducting in-
the situation is becoming danger- The ability to reduce stress terviews inside, employees can try
ous. The training then covers ways during an encounter remains an im- to keep a table or desk between
employees can avoid placing them- portant trait for employees having themselves and the subjects when
selves in such potentially hazardous contact with the public. To de-esca- conducting the interview. By creat-
situations. Finally, the session late a situation, employees quickly ing this barrier, employees can
teaches certain practices that em- must identify when someone be- hinder an attack and give them some
ployees can implement to increase comes upset, begins to show signs time and distance to react or escape
their safety while interacting with of agitation, or reveals any warning should an attack occur. If two
county residents. signs and help decrease the employees attend a meeting, each
individual’s level of agitation. employee should use available
Early Warning Signs of a
Potential Attack
Employees may detect some
early warning signs of an attack. For
example, do the subjects have a
known violent background? Do
they ignore authority by turning and
walking away? Do they glance at a
particular object or in a certain di-
rection, perhaps toward a kitchen
knife, an avenue of exit, another
person, or toward another item that
they may use against the employee?
Are they standing with arms
crossed or hands placed on hips?
Perhaps, even more telling, do they
clench their fists or take a defiant First Sergeant Wheeler is Special Agent Lando serves with
assigned to the Operations the FBI’s Ashville, North Carolina
stance? These examples all serve as Resident Agency.
Division/Patrol of the Prince
potential preassault indicators. If William County, Virginia,
any occur, employees immediately Police Department.
should attempt to get away.

October 2002 / 9
barriers. With good positioning, an describe individuals as either responding before an incident be-
attack becomes less likely because “yes,” “no,” or “maybe” type of comes an emergency. As another
the subject cannot reach two people people. How can employees tell the alternative, employees can request a
separated or shielded by obstacles. difference? Employees easily can police escort for the necessary con-
When employees determine identify “yes” individuals as coop- tact. This proactive approach em-
that they need to escape, versus erative subjects. Clearly, in the phasizes avoiding negative contact
attempting to diffuse a situation, initial contact, such individuals ac- through preparation. In the event of
they must act immediately. When a cept employees as authority figures a physical confrontation, employ-
threat or perceived threat has made and comply with their directions. ees should focus their efforts on get-
them concerned for their immediate Employees also easily can iden- ting away and avoiding any physi-
safety, employees should escape tify “no” people. “No” individuals cal contact with the individual
quickly and without explanation. make it clear from the start, whether unless in self-defense.
They should not take time to close by phone or in person, that they do “Maybe” individuals can prove
the interview, collect any unfin- not want to have any interaction difficult to recognize. This type can
ished paperwork, or pack their become a “yes” or “no” person de-
briefcases. They simply must exit pending on the employee’s ability


the scene as quickly as possible. to communicate and deal with the
situation. If in doubt, employees
Ways to Avoid Potential should treat a “maybe” person as a
Hazards
...instructors teach
“no” for safety reasons, remember-
The instructors recommend a various strategies to ing that if a “maybe” person be-
strategy of prevention and avoid- help prepare county comes a “no” person, they should
ance, including identifying poten- employees for their leave the area. When communicat-
tially hazardous persons or situa- encounters with the ing, employees should remember to
tions before becoming involved in public. talk quietly, which often forces the
the situation. Employees can ac- individual to calm down and listen


complish this by researching any to what the employee has to say.
previous history of the location that Employees can point out how oth-
they are going to, as well as the ers (e.g., family members) are af-
background of the persons they will with employees. They do not want fected by the individual’s conduct.
meet. In doing so, employees can to listen to employees and have no Also, showing the individual a writ-
avoid any situation that may appear intention of cooperating with them. ten policy can reassure the person
dangerous. The employees are in- When encountering such individu- that the employee is following
structed to watch for telltale signs als, employees can take numerous agency procedures.
of potential danger (e.g., loud mu- steps to help avoid confrontations.
sic, an ongoing party, yelling, or a For example, employees simply can Practices to Improve Safety
domestic dispute) as they approach change the meeting place. They can The instructors tell the employ-
their destination. Employees also tell the person that they will have to ees to give proper identification and
should listen at the door for any meet at a business office or building introduction and to maintain a pro-
signals not readily apparent from lobby, rather than in a home or se- fessional demeanor at all times. The
the outside. After completing these cluded area. Employees can include class participants learn to keep a
assessments and with no indicators coworkers or supervisors in the in- safe distance (4 to 6 feet) during
existing, the employees can knock terview, based on the “safety-in- contact and the importance of ap-
and announce their presence. numbers” concept. Employees can pearing confident and maintaining
Identifying the type of indi- call the local police if a subject eye contact. Also, the instructors
viduals that employees face ranks becomes disorderly as it remains emphasize that employees should
as a top priority. The instructors better to have law enforcement avoid becoming too involved in

10 / FBI Law Enforcement Bulletin


Early Warning Signs of a Potential Attack
• Conspicuous ignoring: As employees talk, are warming up for a withdrawal or an
subjects give no sign of understanding the attack.
conversation or dialogue. They avoid eye • Ceasing all movement: This is the reverse
contact and will not answer questions. They of exaggerated pacing and is better known
may ignore facts specifically pointed out to as “the calm before the storm,” but possibly
them. They may be formulating their plan of could indicate some type of action by the
attack or withdrawal. subject.
• Repetitive inquiries: Individuals will keep • Actual threats: Employees should take
repeating the question posed by employees, these seriously. They should not minimize
even after having been provided a satisfac- actual statements or threats made by
tory response, to help buy time to formulate a subjects. They should take such subjects at
lie or develop a plan of attack. their words or actions and respond appro-
• Looking around: Subjects may be attempting priately. They also should document the
to find a way out of the situation. In their threat.
minds, the employees are the ones who • Flight versus fight: Because it remains
placed them there and made them feel this difficult to tell whether any of these actions
level of discomfort. This is different than are made in an attempt to withdraw or as a
target glancing in that their heads swivel to precursor of an attack, it is only prudent to
find “any way out,” including through the assume that they may be indicating a
employees. possible attack and to react accordingly. It
• Exaggerated pacing: This speaks to their is not worth the employee’s safety to risk
level of agitation and could indicate that they not responding.

completing paperwork and possibly simple, effective techniques to help identify their location. Keeping an
missing any type of warning signs. get themselves out of danger. For open phone line may help the dis-
The training also emphasizes example, employees can say patcher locate employees if they
that all public-contact employees phrases, such as “I just got a page,” cannot provide their exact where-
should plan what they will do when “I have to check in with my boss,” abouts. Employees should inform
a dangerous situation occurs. If or “My coworkers should be arriv- other coworkers of their schedule
they remain prepared, it will take ing soon and I need to let them and location each day. The instruc-
them less time to react to such an know...” to allow them to use the tors stress that employees must re-
occurrence. As employees ap- telephone. If employees can reach a main vigilant of their safety, and
proach each location, they should telephone, rather than calling their they must be ready to use any tool,
remain alert and observe the sur- office in an emergency, the instruc- plan, or scheme to get them out of a
roundings for the closest escape tors tell them to call the police dangerous environment and notify
routes, available barriers or ob- emergency number. If needed, em- police, if necessary.
stacles, any presence of weapons, ployees can conduct a fake conver- Such tactics also can apply
and the location of the nearest tele- sation with the dispatcher to signal when employees are working at
phone. Should the need arise, hav- that a problem exists. Employees their offices. Personal safety in the
ing a predetermined plan will help should remember that if they use a workplace involves several risk fac-
them move quickly and easily ex- cellular telephone to place the call, tors, including exchanging money
ecute their plan. Employees can use the emergency service cannot with the public and working alone

October 2002 / 11
or in small numbers, before or after may be thinking about possibly at-
normal business hours, and in high- tempting an assault. They should Wanted:
crime areas. When money is attain fitness gradually and should Photographs
present, the risk of potential vio- initiate any fitness program only af-
lence increases. Employees must ter consulting with a doctor if any
remain aware of the risk and take health concerns exist. In addition,
steps to minimize the “obvious- should an escape or defense become
ness” of cash by limiting the necessary, being physically fit will
amount of personal property they increase the level of their perfor-
bring into the workplace; securing mance in what may be a dynamic
valuables in a locked drawer or in situation.
the trunk of their vehicles; and
keeping purses, wallets, and valu- CONCLUSION
ables out of sight. Because employ-
ees face greater danger before and
While many public-contact em-
ployees do not have enforcement T he Bulletin staff is
always on the lookout
for dynamic, law enforce-
after normal working hours and in powers, they do meet individuals
who often take umbrage with them ment-related photos for
high-crime areas, they should em-
while they are carrying out their as- possible publication in the
ploy recognized safety practices,
signed duties. To avoid possible magazine. We are interested
such as parking near the door in
confrontations and increase their in photos that visually depict
well-lighted areas, scanning the
level of safety, these employees the many aspects of the law
area prior to entering or leaving
should receive training in how to enforcement profession and
buildings, calling home prior to
recognize and deal effectively with illustrate the various tasks
leaving, not advertising that they
these types of individuals. law enforcement personnel
are working alone, locking their of-
The Prince William County, perform.
fice doors, leaving in teams when-
Virginia, Police Department has de- We can use either black-
ever possible, and walking with
veloped a 1-day training session to and-white glossy or color
purpose and exuding confidence.
provide its county government em- prints or slides, although we
Visitors to the workplace also
ployees who have frequent public prefer prints (5x7 or 8x10).
present dangers. Employees should
contact with strategies that can help Appropriate credit will be
ensure that their office has a policy
them deal with potentially danger- given to contributing photog-
for identifying authorized visitors,
ous incidents. Although no em- raphers when their work
such as displaying an approved visi-
ployee can predict when, or if, a appears in the magazine. We
tor badge, and that a policy exists to
situation will “go bad” for them, suggest that you send dupli-
report and handle unauthorized
by thinking ahead, having a well- cate, not original, prints as
persons.
thought-out plan, and rehearsing we do not accept responsibil-
Finally, because a person’s
it, they can improve their chances ity for prints that may be
level of confidence may decrease
of surviving a dangerous situation damaged or lost. Send your
the chance of being victimized or
or, ideally, even preventing such an photographs to:
increase the chance of survival
should an attack occur, the instruc- attack. Art Director, FBI Law
tors also emphasize the importance Enforcement Bulletin,
of physical fitness. Employees FBI Academy, Madison
Endnote
should strive to maintain a level of 1 Building, Room 209,
For additional information on the program,
fitness to increase their health, contact Chief C.T. Deane, Prince William Quantico, VA 22135.
which could help project a higher County, Virginia, Police Department at
level of confidence to a person who 703-792-6650.

12 / FBI Law Enforcement Bulletin


Bulletin Reports

Law Enforcement
Reducing Gun Violence: The Boston
Gun Project’s Operation Ceasefire
provides a 78-page overview of Operation
Ceasefire, a unique problem-oriented
policing initiative that tasked both academ-
ics and practitioners with reducing homi-
cide victimization among youths in
Drugs and Crime Boston. This National Institute of Justice
research report details the issues and
The National Institute of Justice (NIJ) processes of the project’s implementation
presents ADAM Preliminary 2000 Findings and design and discusses findings from an
on Drug Use and Drug Markets: Adult Male evaluation study. The study concluded that
Arrestees (NCJ 189101). This research report Operation Ceasefire likely was responsible
features original data from NIJ’s Arrestee for the significant decline in the city’s
Drug Abuse Monitoring (ADAM) program rates of youth homicide and gun violence
using a new probability-based sampling in the 1990s. Moreover, although the
method, a poststratification weighting project was highly customized to Boston,
strategy, and a redesigned survey instrument. certain process elements generally should
The redesigned methodology gives research- be applicable to similar problem-solving
ers and policymakers greater confidence in efforts in other jurisdictions. This report
ADAM data. Information in this NIJ research (NCJ 188741) is available electronically at
report was culled from sites in the ADAM http://www.ojp.usdoj.gov/nij/pubs-sum/
network as a result of new questions about 188741.htm or call the National
heavy alcohol use, mental health and drug Criminal Justice Reference Service at
treatment, the need for treatment of drug 800-851-3420.
dependency, and characteristics of drug
markets. The questions are based on items
from other national surveys and allow
researchers to “crosswalk” between ADAM
and other ongoing, large-scale research Bulletin Reports is an edited collection
studies. To obtain a copy of this research of criminal justice studies, reports, and
report, visit http://www.ojp.usdoj.gov/nij/ project findings. Send your material for
pubs-sum/189101.htm or call the National consideration to: FBI Law Enforcement
Bulletin, Room 209, Madison Building,
Criminal Justice Reference Service at
FBI Academy, Quantico, VA 22135.
800-851-3420. (NOTE: The material in this section is
intended to be strictly an information
source and should not be considered an
endorsement by the FBI for any product
or service.)

October 2002 / 13
Perspective
Bulletproof Dogs those in law enforcement with ballistic vests. The
reporting of such events only perpetuated the growing
The Canine Ballistic perception that protective vests for police officers and
Vest Phenomenon police canines would prove the difference between
By Charlie Mesloh, M.P.A., and life and death.
Jennifer James-Mesloh, M.P.A. A review of media stories indicated that police
canines are viewed in a positive manner by most

T
people and often portrayed as the “four-footed
he impact of news stories and the concentration community police officer of the 21st century.”2
of media attention in an area can create a public However, the formation of public perceptions created
perception that previously did not exist. For example, by the media’s framing of police canine issues has
numerous cases of the media’s involvement in contributed greatly to establishing protective vests in
criminal justice issues have created new public the public’s mind as the solution to all death and
perceptions, which can be referred to as “social injury scenarios for police service animals. While the
construction” or “framing an issue.”1 basis for providing vests is generated from human
This scenario is evident in the news stories that kindness and the goodness of children, it also raises
transpired after the 1998 death of the New Jersey some concerns that the law enforcement community
State Police dog Solo, mortally wounded in the line of should address.
duty. The brutal killing of Solo grabbed the media’s
attention, and the story spread nationwide. As a
reaction to the shooting, a 14-year-old girl in Califor- Mr. Mesloh, a former
nia responded by organizing a program to fund the law enforcement officer
purchase of protective vests for police dogs. Many and canine handler and
believed that if Solo had been wearing ballistic armor, trainer, currently
instructs at the Univer-
he would have survived the shooting. sity of Central Florida in
The New Jersey legislature also responded to the Orlando and is pursu-
media’s attention generated by Solo’s death and ing a Ph.D. in public
enacted new state legislation enhancing the penalties affairs.
for injuring or killing a police animal. The legislation,
referred to as Solo’s Law, represented an effort to
honor the fallen canine. The media was charmed by
the emotional outpouring toward a police canine and
continued to cover the story, further promoting the
reputation of Solo who had become a national figure. Ms. James-Mesloh, a
former public relations
Perceptions practitioner who has
Once media organizations realized the appeal of experience with the
police canines produced by the Solo incident, they Florida legislature,
currently is pursuing a
looked for similar stories in their local news markets. Ph.D. in public affairs
By constructing news stories that focused on canine at the University of
protective vests, the media generated a public percep- Central Florida in
tion that such gear was a necessity and that those Orlando.
responsible for the protection of others should be
equally protected. These stories tapped into the
emotional reservoir of a nation. They sparked the
inherent goodness that exists in children and fueled
the creation of organizations dedicated to protecting

14 / FBI Law Enforcement Bulletin


Concerns A likely scenario involves a police canine deployed to
The phenomenon of socially constructing an issue apprehend a fleeing suspect who then fires a gun at
and then spinning the public’s perception of it seems the dog. However, when imagining this scenario, the
to have occurred over the use of protective vests for suspect would be standing and firing the gun at a
police canines. For example, although no research downward angle to hit the target (the dog), which
currently exists documenting the extent of protection would be running toward the suspect. A problem
that a vest would provide a police canine, the public’s arises because protective vests are designed to cover
perception and the continued reporting by the media the chest and back region of the dog, leaving the head
champion the use of such equipment. Research, area completely exposed and vulnerable to a gunshot
however, does exist that evaluates social construction wound. Obviously, the head presents the most likely
and its linkage to criminal justice issues. It was from target, as it is closest to the suspect. It also remains
this point that two researchers unclear whether ballistic vests offer sufficient protec-
analyzed the progression of news tion against blunt trauma injury as
articles reporting on police canines the researchers could find no


and the use of protective armored studies demonstrating the effec-
vests.3 These researchers identified tiveness of the material to dis-
a total of 2,022 newspaper articles A vest will not perse projectile energy on a dog’s
from a Boolean search that in-
cluded the words police dog for the
years 1994 through 2000.4 They
intended to identify major trends
“ protect a dog under
all circumstances nor
will it eliminate the
need for deadly force
physiology. Further, the addi-
tional weight and bulkiness of the
vest may reduce the speed and
maneuverability of the canine,
and changes in the socially con- while offering the suspect the
structed image of police dogs and against criminal ability to use the vest as a grip-
their activities over this 7-year suspects. ping point during a physical
span. During the course of a confrontation.
content analysis of newspaper
articles regarding police dogs, the
researchers noted a substantial
trend in the number of stories focusing on the pur-
” In addition, no reports of a
canine ballistic vest saving the
life of a police animal have
occurred in the United States. As a result of the
chases of ballistic vests to protect police animals.5 positive social construction revolving around protec-
Ninety-six articles over the 7-year period focused tive vests for canines, harm actually may come to
specifically on body armor for police dogs. Articles police dogs because of placing so much faith in the
regarding canine vests were rare prior to the high- ballistic vest. To this end, agencies may begin to
profile canine deaths, especially that of Solo’s in place dogs in a wider range of functions that inher-
1998. However, a sharp increase began in early 1999 ently prove more dangerous. Finally, the public, at
and continued through the end of the study. some point, may expect agencies to deploy vest-
During that time, the media framed police dogs in protected animals in tactical operations as an addi-
a positive context and, when linked with specific tional nonlethal option. Although special weapons
articles, constructed a perception that implied a need and tactics (SWAT) and canine unit interaction is
for public involvement. This need for public involve- commonplace in many containment scenarios, the
ment has taken the form of purchasing ballistic vests. perception of the dog as “bulletproof” by the public
Although the use of such equipment has obvious possibly raises future issues, particularly in incidents
effects for police officers, the same may not hold true where officers must employ deadly force. Inevitably,
for canines. While canines can benefit from wearing someone will ask why the “armored dog” was not sent
vests, they also can encounter some unstated hazards. to subdue a barricaded and heavily armed individual.

October 2002 / 15
This represents an example of “framing an issue” that comfort level of body armor for officers. The same
was meant to be positive, but, instead, suffers from should be done for police service animals, especially
negative externalities. supplementing the vest with some type of head
covering or helmet device to protect the dog’s most
Recommendations vulnerable target zone. Additionally, researchers
With these concerns in mind, agencies should use should obtain input from canine officers. Because
caution when they accept donations of canine body police dogs cannot speak for themselves, their han-
armor. Although these gifts symbolize community dlers must provide as much information as possible as
support toward the canine unit and the police depart- to whether canine protective vests can save the lives
ment as a whole, they may carry unreasonable expec- of these highly trained and devoted animals. Finally,
tations that a dog and vest cannot fulfill. A vest will with accurate data on the benefits and risks associated
not protect a dog under all circumstances nor will it with the use of protective vests for police service
eliminate the need for deadly force against criminal animals, the media can present a true picture of the
suspects. Realistically, a vest issue to the public. News organi-
provides a police dog with an zations still can cover stories of
added level of protection but also heroic actions of police dogs, but
has some negative features that they also can demonstrate to the
only a canine handler can truly public that these brave animals
judge in the final analysis. have the best and most up-to-date
Clearly, documented policy and equipment, training, and human
procedures for deployment and an guidance.
understanding of the canine’s
abilities and limitations may Conclusion
reduce future problems between In today’s world of advanced
communities and their law technology and instant communi-
enforcement agencies. cation, the media can focus the
Moreover, regardless of how public’s attention on many issues
agencies may consider canine and often change how people
vests, they should support a perceive them. The issue of
national study to gather statistics protective vests for police
about the number of dogs saved by these vests. By canines illustrates this concept very well. Brave
examining the benefits and risks associated with animals sacrificing their lives for the public’s safety
canine protective vests, the law enforcement commu- can seize the media’s attention unlike little else. In
nity can gain a clearer, less emotionally charged view their zeal to cover such stories, however, news
of the issue, rather than relying on the media’s organizations may create incorrect perceptions of the
interpretation of the tactical use of police dogs. This solution to these tragedies. To avoid this, the law
is similar to the use of protective vests for law en- enforcement community must determine if the
forcement officers. Over the years, the number of benefits of this solution outweigh the risks.
officers saved by wearing body armor has grown as Primarily, law enforcement agencies can support
more officers and agencies have seen the benefits a national study of the effectiveness of canine protec-
derived from them and have implemented their use. tive vests, research into improving the design of such
However, equally well known is the tragic number of equipment, and a continuing dialogue between canine
officers who have lost their lives even though they handlers, vest manufacturers, and the media. Such
were wearing a protective vest at the time.6 By actions would create an environment that promotes
examining these incidents, manufacturers have made the safety of the animals, their handlers, and the
great improvements in the design, material, and public they serve and stand as a fitting memorial to all

16 / FBI Law Enforcement Bulletin


of those, like Solo, who have given their lives in the 3

4
Ibid.
A Boolean search, named for the British mathematician George
line of duty.
Boole, uses “operators,” such as and or or, to define a relationship
between terms. A search for police and dogs locates every article in which
Endnotes both words appear. A search for police or dogs finds every article in
1
R. Surette, Media, Crime and Criminal Justice, 2d ed. (New York, which either of the words appears. The researchers conducted their
NY: Wadsworth, 1992); G. Barak, Media, Process and the Social Boolean search by accessing http://www.newslibrary.com.
Construction of Crime (New York, NY: Garland Publishing, 1994); 5
Supra note 2.
and R. Fox and R. Van Sickel, Tabloid Justice: Criminal Justice in 6
From 1991 through 2000, 293 law enforcement officers were shot
an Age of Media Frenzy (Boulder, CO: Lynee Rienner Publisher, and killed in the line of duty while wearing body armor, with gunshot
2001). wounds to the head accounting for 168 of those deaths; U.S. Department
2
C. Mesloh and R. Surette, “Analysis of News Media Coverage of Justice, Federal Bureau of Investigation, Law Enforcement Officers
Regarding the Law Enforcement Canine,” 2001, pending publication. Killed and Assaulted 2000 (Washington, DC, 2001), 15.

Crime Data

Violent Crime Offenses Remained Relatively Unchanged

P reliminary 2001 data from the FBI’s Uni-


form Crime Reporting Program indicates a 2
percent increase in the nation’s Crime Index from
Among violent crimes, robbery showed the
greatest increase, 3.9 percent. Murder rose 3.1
percent, and forcible rape showed a minimal
the 2000 figure. The Crime Index is composed of increase of .2 percent. Aggravated assault, which
murder, forcible rape, robbery, aggravated assault, is the most frequently occurring violent crime in
burglary, larceny-theft, and motor vehicle theft. the Index, was the only violent offense to show a
The Modified Crime Index includes the property decrease from the 2000 volume—1.4 percent. In
crime of arson. the property crime category, motor vehicle theft
Including the offenses surrounding the events increased 5.9 percent, and burglary rose 2.6
of September 11, 2001, preliminary data show percent. Arson and larceny-theft increased 2
that the 2001 Crime Index remains at the 2 percent and 1.4 percent, respectively.
percent increase from the 2000 figure; the volume Collectively, law enforcement agencies in
of violent crime increased .6 percent; and the three of the nation’s four geographical regions
murder volume increased 26.4 percent. However, reported increases in their Crime Index totals.
the FBI advised that the figures reflecting the Agencies in the West recorded a 4.5 percent
offenses from the events of September 11 are not increase; agencies in the South, a 1.9 percent
included in the trend data because they are increase; and agencies in the Midwest, a .9
statistical outliers that will affect current and percent increase. Northeastern agencies collec-
future crime trends. tively noted an overall Crime Index decrease of
Preliminary figures for 2001, excluding 1.2 percent.
the data mentioned above, suggest that the volume For the complete preliminary annual Uniform
of violent crime offenses remained relatively Crime Report press release, access the FBI’s
unchanged—a .3 percent increase—when com- Internet site at http://www.fbi.gov.
pared with data for 2000; however, the volume of
property crime offenses rose by 2.2 percent.

October 2002 / 17
Research Forum

Perceptual and Memory any event is not realistic. Indeed, the body of research
on perception and memory supports the fact that
Distortion During Officer- people rarely are capable of total and perfect recall of
Involved Shootings events.
By Alexis Artwohl, Ph.D. Although the underlying physical processes of
perception and memory continue as a matter of
research and debate, empirical observation of human
behavior can shed some light on the behavioral

“I f it hadn’t been for the recoil, I wouldn’t


have known my gun was working. Not only
didn’t I hear the shots but afterward my ears weren’t
even ringing.”
consequences of these processes. To this end, the
author focused her research on the self-reported
perceptual and memory distortions experienced by
officers involved in shootings.1
“I saw the suspect suddenly point his gun at my
partner. As I shot him, I saw my partner go down in a BACKGROUND
spray of blood. I ran over to help my partner, and he Germane to this topic is how trauma and other
was standing there unharmed. The suspect never even highly emotional experiences can impact perception
got off a shot.” and memory. A noted researcher in the area of stress
“When I got home after the shooting, my wife and fear conducted a comprehensive review of this
told me that I had called her on my cell phone during topic.2 He came to the conclusion that people have
the pursuit of the violent suspect just prior to the two distinctly different modes of processing informa-
shooting. I have no memory of making that phone tion. One, the rational-thinking mode, happens during
call.” low emotional arousal states, whereas the second, the
“I told the SWAT team that the suspect was firing experiential-thinking mode, occurs during states of
at me from down a long dark hallway about 40 feet high stress and emotional arousal, such as would
long. When I went back to the scene the next day, I occur during an officer-involved shooting.
was shocked to discover that he had actually been He pointed out that when people are not under
only about 5 feet in front of me in an open room. high levels of stress, they have the ability to calmly
There was no dark hallway.” engage in the conscious, deliberative, and analytical
“During a violent shoot-out I looked over, drawn cognitive processing that characterizes rational
to the sudden mayhem, and was puzzled to see beer thinking. However, when a perceived emergency
cans slowly floating through the air past my face. requires quick action, they cannot afford this luxury.
What was even more puzzling was that they had the Instead, their cognitive processing system automati-
word Federal printed on the bottom. They turned out cally switches over to experiential thinking. He stated
to be the shell casings ejected by the officer who was that “people are angry, sad, or frightened not as a
firing next to me.” direct result of what objectively occurs but because of
These representative samples, taken from actual how they interpret what happens. The automatic,
officer-involved shootings, exemplify the quirky preconscious construals that are the effective instiga-
nature of perception and memory. Law enforcement tors of such emotions are made so automatically and
officers fully realize that their superiors, legal authori- rapidly as to preclude the deliberative, sequential,
ties, and the public they serve will hold them com- analytical thinking that is characteristic of the rational
pletely accountable for their every action during an system.”3
officer-involved shooting. These same individuals He delineated the differences in rational and
also will scrutinize the accuracy and truthfulness of experiential thinking, including the concept that
statements made by officers taking part in such experiential thinking represents a system that “auto-
incidents. Therefore, it becomes important to under- matically, rapidly, effortlessly, and efficiently pro-
stand that expecting officers to have perfect recall of cesses information,”4 an obvious advantage in a

18 / FBI Law Enforcement Bulletin


life-threatening situation demanding an immediate found that 67 percent of the officers saw the incident
response. Along with facilitating automatic, rapid in slow motion, while 15 percent observed it as faster
responses, he pointed out that experiential thinking is than normal. Fifty-one percent heard sounds during
more likely than rational to have such characteristics the event in a diminished manner, whereas 18 percent
as— of the officers said that the sounds were intensified.
• fragmented memory instead of an integrated Thirty-seven percent had tunnel vision, while 18
narrative; percent experienced greater visual detail.
In 1998, two other researchers studied a variety of
• based on past experiences instead of a conscious
reactions in 348 officers involved in shootings.8 They
appraisal of events;
administered their surveys within 3 to 5 days after the
• intuitive and holistic instead of analytic and incident, just prior to each officer’s participation in a
logical; mandatory debriefing. They found that 41 percent of
• oriented toward immediate action instead of the officers thought that time slowed down, while 20
reflection and delayed action; percent perceived that it sped up. Fifty-one percent
said that sounds seemed quieter,
• highly efficient and rapid
whereas 23 percent reported
cognitive processing instead of
sounds as being louder. Forty-five


slow, deliberative thinking;
percent of the officers had tunnel
• “seized by emotions” instead ...independent vision, while 41 percent experi-
of “in control of our thoughts”;
or
• “experiencing is believing”
instead of requiring justifica-
“ studies...found that
memory and perceptual
distortions, in fact,
occur to some degree in
did
enced an increased attention to
detail. In addition, 22 percent of
the officers reported memory loss
for part of the incident.
tion via logic and evidence. officer-involved A recent researcher did a
He continued with, “In most shootings. comprehensive survey of officer-
involved shootings that consisted


situations, the automatic process-
ing of the experiential system is of detailed interviews with 80
dominant over the rational system municipal and county law enforce-
because it is less effortful and ment officers who reported on 113
more efficient and, accordingly, is the default op- separate cases where they shot citizens during their
tion.”5 He noted that people frequently engage in careers in law enforcement.9 While his report con-
experiential thinking during everyday events simply tained a wealth of information, it also set out specific
because it is more efficient, but “emotional arousal data relative to perceptual and memory distortions. He
and relevant experience are considered to shift the found that 56 percent of the officers saw the incident
balance of influence in the direction of the experien- in slow motion, while 23 percent thought that it
tial system.” This clearly applies to officers involved happened quicker than normal. Eighty-two percent
6

in shootings and other high-stress situations. reported that sounds diminished, whereas 20 percent
thought sounds intensified. Fifty-six percent experi-
PREVIOUS RESEARCH enced heightened visual detail, while 51 percent had
To understand this connection more thoroughly, tunnel vision. In addition, 13 percent of the officers
the author reviewed previous research relative to reported other types of distortion during the event.
officer-involved shootings. In the process, she con-
PRESENT RESEARCH
centrated on three main studies.
In 1986, two researchers were among the first to From 1994 to 1999, the author supplied a written
publish data specific to officer-involved shootings.7 In survey to 157 officers involved in shootings from
their study of 86 officers involved in shootings, they multiple agencies. Although approximately two-thirds

October 2002 / 19
of the officers received the survey during their speed up. Eighty-four percent of the officers noted
individual mandatory debriefing within 1 week after that sounds seemed diminished, whereas 16 percent
the shooting, the author told them not to fill out the thought that sounds were intensified. Seventy-nine
survey until they had attended a group debriefing percent had tunnel vision, while 71 percent experi-
(which typically occurs 2 to 4 weeks after the inci- enced heightened visual clarity. In addition, 74
dent, allowing time for agencies to complete their percent of the officers stated that they responded on
investigations). The author did this because she “automatic pilot,” with little or no conscious thought.
discovered, in the course of conducting numerous Fifty-two percent reported memory loss for part of the
group debriefings, that many officers do not fully event, and 46 percent noted memory loss for some of
realize the extent of their own memory and perceptual their own behavior. Thirty-nine percent recalled
gaps and distortions until confronted with evidence to experiencing dissociation (i.e., the sense of detach-
the contrary. During a group debriefing, as officers ment or unreality); 26 percent had intrusive distract-
tell their versions of what happened, the complete ing thoughts; 21 percent noted memory distortion
picture begins to emerge. Partici- (i.e., saw, heard, or experienced
pating officers enjoy the benefit of something that did not really
finding out what really happened happen or it happened very differ-
overall and how their own version
might differ. Even for officers who
were the only officer present, their “ ...memory is not a
ently than they remembered); and
7 percent reported having tempo-
rary paralysis.


flawless “videotape”
later perusal of investigation that can play back
reports, including physical evi- DISCUSSION
exactly the same way
dence and eyewitness statements,
can educate them as to the lack of each time a person Past and Present Survey Results
completeness and total accuracy of tries to remember a Diminished sound refers to the
their memories of the event. past event. inability to hear very loud sounds
By contrast, the author col-
lected the remaining one-third of
the surveys from mental health or
law enforcement professionals who gave the surveys
” that a person ordinarily obviously
would hear, such as gunshots. It
ranges from not hearing these
sounds at all to hearing them in an
to officers who they knew had been involved in odd muffled, distant manner. This may contribute to
shootings. With these surveys, the length of time that the findings of previous researchers, as well as the
had passed since the shooting occurred varied more author, indicating that officers often do not know
than those collected after group debriefings. exactly how many rounds they fired, especially as the
In addition, the sample did not represent a “clini- number of shots increases.
cal” population; these officers were not seeking Tunnel vision denotes the loss of peripheral
treatment for post-traumatic stress disorder (PTSD), vision. This, combined with heightened visual clarity,
although some may have been experiencing a certain can result in the odd combination of officers seeing
degree of PTSD. The majority of the officers who with unusual detail some stimuli within their nar-
completed the surveys collected by the author were rowed field of vision, but remaining visually oblivi-
doing well emotionally by the time their group ous to the surroundings that they ordinarily would see
debriefing occurred. The officers voluntarily filled out with their peripheral vision.
the surveys, and the great majority of the officers Although 7 percent of the officers reported
returned them to the author. temporary paralysis, such a reaction is unlikely to
Overall, the author’s research revealed that 62 represent “freezing” to the point of dysfunction
percent of the officers viewed the incident in slow during the event. In cases where the author debriefed
motion, while 17 percent said that time appeared to officers who were angry at themselves for “freezing,”

20 / FBI Law Enforcement Bulletin


she found that, in fact, this was simply the normal testify regarding their actions sometime in the future.
“action-reaction” gap that occurs because the officers What appears to be a relatively common perceptual
can shoot only after the suspect has engaged in disturbance following involvement in a critical
behavior that represents a threat.10 Although this gap incident has the potential of opening up the officers to
occurs in a very brief span of time, because of the accusations of either outright lying or withholding the
common perceptual distortion of slow-motion time, it truth. This is particularly relevant should subsequent
can seem to the officers as if they stood there forever interviews result in additional observations or clarifi-
after perceiving the threat and before responding. cations, as is often the case.11
While it remains possible that some of the respon-
dents did, in fact, totally “freeze,” it is unlikely that as Implications for Investigators
many as 7 percent did. Perhaps, none did. These researchers accurately pointed out that
Intrusive distracting thoughts are those not memory is not a flawless “videotape” that can play
immediately relevant to the tactical situation, often back exactly the same way each time a person tries to
including thoughts about loved ones or other personal remember a past event. Rather, memory is a creative
matters. In addition, memory gaps and perceptual and not entirely understood process. If an officer’s
distortions can result in “flash- recollection of an event is not a
bulb” memories, where the indi- totally accurate representation of
vidual has a series of vivid images reality, it does not necessarily mean
burned into memory, with the rest that the officer is lying or trying to
of the event somewhat fuzzy, a bit engage in a cover-up. Likewise, it
out or order, or even missing. is normal for memories to change
The author found one notable somewhat over time, and the
aspect about all of the studies. changed or new memories may or
None quantified other perceptual may not represent reality more
distortions that can occur, such as accurately. The same concept
distance distortion, color distor- applies to other eyewitnesses and
tion, face recognition distortion, or the suspects as well. No one should
lighting distortions. accuse an individual of lying
Overall, although some of the simply due to inaccurate, inconsis-
studies found similar results on tent, or missing memories. While
various items, inconsistencies also some individuals will choose to be
occurred in several items from study to study. Regard- untruthful, investigators should reserve this accusa-
less of the methodological differences that might have tion for those cases where additional evidence exists
contributed to these deviations, the most important to indicate that the person deliberately lied.
finding remained the same for all. That is, indepen- The author found that 21 percent of the officers
dent studies using different methodologies found that “saw, heard, or experienced something during the
memory and perceptual distortions, in fact, did occur event that I later found out had not really happened or
to some degree in officer-involved shootings. There- happened very differently than how I remembered it.”
fore, those who analyze the actions and statements of All participants in an event, including the suspect,
officers involved in shootings must take these find- eyewitnesses, and officers, have the potential to see,
ings into account. Two researchers stated this clearly hear, feel, or experience things that did not actually
after finding that 22 percent of officers in their survey happen. A wide variety of factors, including percep-
experienced memory loss. tual distortions, biases, beliefs, expectations, and prior
While other studies have reported even higher experiences, influence people’s perceptions. An
numbers, 22 percent remains a highly significant interesting aspect to these memory distortions that the
amount given that the officers will be expected to author repeatedly has observed is that they can “feel”

October 2002 / 21
more real to the witness than what actually happened. its training, realistic in its expectations, and cognizant
This remains consistent with the observation that of the demands of emergency situations.
experiential thinking is “self-evidently valid: ‘seeing Another research review found that “traumatic
is believing,’” as opposed to rational thinking, which situations will inevitably result in memory impair-
“requires justification via logic and evidence.”12 ment.”13 These researchers pointed out, and the author
When confronted with a videotape that conclusively agrees, that officers may make more thorough and
proved that he saw things that did not happen, a accurate statements if they wait at least 24 hours,
veteran SWAT officer told the author, “Doc, I now during which time they should get some sleep, before
intellectually know that what I thought I saw didn’t participating in their formal interview with investiga-
really happen, but it still feels more real to me than tors. Research evidence suggests that REM (rapid eye
what I saw on the tape.” Some witnesses sincerely movement) sleep, in particular, helps integrate
and vehemently will insist that their perceptions and memories and facilitate learning and memory re-
memories are accurate when, in fact, they may not be trieval. Some officers might appear unusually calm
accurate at all. shortly after an incident and may prefer to give an
The differences between rational and experiential immediate full statement. Often, however, it is best
modes of thinking also have implications in the for officers to sleep first and give their statements
postshooting aftermath. Clearly, later. This does not preclude their
officers need to be held account- providing enough brief informa-
able for all of their on-duty behav- tion during an immediate on-scene
ior, especially if they must use
deadly force. However, those who
conduct postshooting analyses “ ...it is normal for
“walk-through” to get the investi-
gation started. But, investigators
must conduct these initial sessions
should keep two things in mind.
First, while officers usually have
only seconds (or less) to decide
about using force, all of those
“ memories to change
somewhat over time,
and the changed or new
memories may or may
in a sensitive manner that does not
compromise the officers’ legal
rights.
Given that perceptual and
doing postshooting analyses will not represent reality memory distortions are an integral
have hours, weeks, months, or even more accurately. part of traumatic events, investi-
years to contemplate all of the gators may find research on the
evidence and decide what the
officers really should have done.
Although postincident analysis can
prove very helpful as a learning exercise, it was not
” cognitive interview technique
helpful.14 The developers of this
method found that how investiga-
tors interview individuals can significantly impact the
an option available to the involved officers at the time ability of the witnesses to remember and report the
of the shooting. Second, research indicates that details of an event. Their research indicated the
officers will be in the experiential-thinking mode cognitive interview as the most effective technique
because it is the default option, especially in emotion- for facilitating memory retrieval with cooperative
ally laden situations. On the other hand, all of those witnesses. Using proper interview techniques is
engaged in postshooting analyses have the ability to particularly important for high-stress situations
analyze the officers’ behaviors in rational-mode because during experiential thinking, the individual
thinking, a different cognitive process altogether and is more likely to be dissociative and “encodes reality
a luxury that the officers did not have during the in concrete images, metaphors, and narratives,”
shootings. This does not suggest that officers be given whereas, in rational thinking, the individual is more
carte blanche to behave in any way they want during a logical and “encodes reality in abstract symbols,
high-stress situation. It does imply, however, that the words, and numbers.”15 This means that the survivors
law enforcement profession must remain rigorous in of traumatic experiences will find it challenging to

22 / FBI Law Enforcement Bulletin


translate the dissociated concrete images and meta- This is especially critical in sudden, high-stress
phors they experienced during the high-stress event situations requiring instant physical performance.
into the sequential, verbal, abstract, and logical Abstract knowledge obtained in lectures and books
narrative required by an investigative interview and can be very useful in rational-thinking mode situa-
courtroom testimony. Skilled investigators can help tions, such as formulating policies and analyzing
witnesses with this difficult task. situations. However, when officers face sudden, life-
threatening incidents, their reality-based training
Implications for Training experiences most likely surface.
Seventy-four percent of the officers that the Reality-based instruction that subjects the partici-
author surveyed reported, “I responded automatically pants to high levels of stress during training also will
to the perceived threat giving little or no conscious help officers develop coping mechanisms to compen-
thought to my actions.” This sate for perceptual and memory
finding coincides with the experi- © Peter Hendrie, Tribute distortions. For instance, to
ential-thinking mode, described as compensate for tunnel vision,
an “automatic, intuitive mode of many officers have learned to
information processing that oper- practice visually scanning the
ates by different rules from that of tactical environment during high-
the rational mode” that “occurs stress situations, such as pursuits
automatically and effortlessly and high-risk entries. Training
outside of awareness because that under stress also will help officers
is its natural mode of operation, a learn to control their arousal level.
mode that is far more efficient than As their physiological agitation
conscious, deliberative thinking.”16 escalates, so might their suscepti-
This has profound implications for bility to perceptual and memory
training because experiential distortions. Thus, learning to
thinking is based on past experi- control arousal level can help
ences. Therefore, under sudden, reduce distortions. Therefore,
life-threatening stress, individuals likely will exhibit officers should receive training in and regularly
behavior based on past experiences that they auto- practice ways to control arousal levels in high-stress
matically will produce without conscious thought. situations. One process, the combat breathing tech-
This means not only training officers in appropriate nique, has proven highly effective in this area.19
tactics but also providing sufficient repetition under Officers and their family members also should
stress so that the new behaviors automatically will receive training on what reactions they can expect
take precedent over any previously learned, poten- during and after high-stress situations, such as
tially inappropriate, behaviors that they possessed shootings. Providing officers and their family mem-
before becoming an officer.17 bers with information on what to expect can help
Another implication of the author’s study, as well them cope better with highly stressful events.20
as other research, is that it supports the concept of Finally, those who analyze or participate in the
reality-based training that all tactically minded aftermath of officer-involved shootings should receive
officers and trainers know represents the foundation training as well. Such individuals could include
for reliable performance in high-stress situations. attorneys, association representatives, peers, juries,
“Information obtained from textbooks and lectures is journalists, command staff and supervisors, mental
of a different quality from information acquired from health professionals, employee assistance personnel,
experience. Experientially derived knowledge often is worker compensation employees, and any others
more compelling and more likely to influence behav- who have a vested interest in these events. This will
ior than is abstract knowledge.”18 better enable them to make informed, reasonable

October 2002 / 23
judgements about the officers’ behaviors and advo- have during a shooting can go a long way toward
cate for the type of training and postincident care that helping officers deal with such difficult situations
the officers will need to best serve and protect their and, perhaps, reduce their occurrence.
communities.
Endnotes
CONCLUSION 1
Officers can contact Dr. Artwohl, coauthor of Deadly Force
The observations of the officers at the beginning Encounters: What Cops Need to Know to Mentally and Physically
of this article effectively portray how perception and Prepare for and Win a Gunfight (Boulder, CO: Paladin Press, 1997), at
memory can influence an individual’s understanding artwohl@cs.com or access her Web site at http://www.alexisartwohl.com.
2
Seymour Epstein, “The Integration of the Cognitive and Psychody-
of a particular incident. One officer did not hear the namic Unconscious,” American Psychologist
sound of his gun discharging. 49 (1994): 709-723.
Another did not remember calling 3
Ibid.
4
his wife just prior to being Ibid.


5
Ibid.
involved in a shooting. Three 6
Ibid.
others observed things happening 7
R.M. Solomon and J.M. Horn, “Post-
...the law enforcement


in ways that did not actually Shooting Traumatic Reactions: A Pilot
occur. All of the officers were profession must remain Study,” in Psychological Services for Law
rigorous in its training, Enforcement, eds. J.T. Reese and H.A.
involved in the highly stressful Goldstein (Washington, DC: U.S. Government
and emotionally laden process of realistic in its Printing Office, 1986).
using deadly force and, therefore, expectations, and 8
A.L. Hoenig and J.E. Roland, “Shots
subject to later scrutiny by their cognizant of the Fired: Officer Involved,” Police Chief,
October 1998.
agencies and the citizens they demands of emergency 9
David Klinger, U.S. Department of
serve for their actions. situations. Justice, National Institute of Justice, Police
Although highly trained in


Responses to Officer-Involved Shootings, NCJ
accurately describing events and 192285 (Washington, DC, October 2001).
10
Bill Lewinski, “Why Is the Suspect Shot
uncovering facts pertinent to in the Back?” The Police Marksman,
criminal investigations, law November/December 2000.
enforcement officers face the same difficulties that all 11
Supra note 8.
12
people do when trying to recall what happened in Supra note 2.
13
D. Grossman and B.K. Siddle, Critical Incident Amnesia: The
high-stress situations. Research has revealed that Physiological Basis and Implications of Memory Loss During Extreme
people rarely can remember such events with total Survival Stress Situations (Millstadt, IL: PPCT Management Systems,
accuracy. The author’s study, along with other Inc., 1998).
14
research she examined, demonstrated that this finding R.P. Fisher and R.E. Geiselman, Memory Enhancing Techniques
for Investigative Interviewing (Springfield, IL: Charles C. Thomas, 1992).
holds true for officers involved in shootings. With this 15
Supra note 2.
in mind, the law enforcement profession must realize 16
Supra note 2.
the implications this has for officers and those who 17
Charles Humes, “The Flashlight Dilemma,” Tactical Edge, 1992.
18
analyze their actions. Because critical incidents Supra note 2.
19
Charles Humes, “Lowering Pursuit Stress,” Police, June 2001.
demand split-second decisions, officers must receive 20
D. Meichenbaum, Stress Inoculation Training (Boston, MA: Allyn
the best training that will help them react appropri- & Bacon, 1985).
ately in high-stress situations. Likewise, those who
analyze these events must understand the demands
placed on officers during such incidents and maintain
Dr. Artwohl, a retired police psychologist, currently provides
realistic expectations concerning what officers law enforcement training and consultation throughout the
perceived during the events and what they can recall United States and Canada through a private firm based in
accurately afterwards. In the end, recognizing the Las Vegas, Nevada.
perceptual and memory distortions that officers can

24 / FBI Law Enforcement Bulletin


Legal Digest

© Corbis

Use-of-Force
Policies and Training
A Reasoned Approach
By THOMAS D. PETROWSKI, J.D.

T his is the first of a two-part training in the use of force by law serious threat until it was too late.
article examining law en- enforcement. While there has been This hesitation is tragic and often
forcement policies and a decrease in the number of law avoidable.
training related to the use of force. enforcement officers feloniously
It will provide an overview of the killed each year,2 injury to any law Constitutional Limits
constitutional constraints on the enforcement officer who is a victim The seminal case defining the
use of force by law enforcement, of attack is unacceptable. In re- modern constitutional constraints
address the inherent hesitation of viewing felonious assaults on law on law enforcement use of force is
police officers to use significant enforcement officers resulting in the 1989 U.S. Supreme Court deci-
levels of force, and make recom- death or injury, one common de- sion in Graham v. Connor.3 The
mendations regarding the ubiqui- nominator often is conspicuously case involved an investigative de-
tous force continuum and other present—the victim officer hesi- tention of an individual and the
training considerations. tated in responding with force. Dur- use of nondeadly force by the de-
The United States is currently ing postincident review of assaults taining officers that resulted in in-
experiencing an unprecedented on police, victim officers often indi- jury to the detainee. While the U.S.
level of violence. For example, the cated that they were uncertain Supreme Court did not decide
per capita rate of aggravated as- about what force options were whether the use of force by the de-
saults has increased nearly 500% permissible under law or depart- taining officers was constitutionally
since 1959.1 This growth in vio- ment policy and that they did not permissible,4 the Court defined how
lent crime forever has altered perceive their attacker to be a use of force by law enforcement

October 2002 / 25
sary in a particular situation.

“ ...an unreasonable
use of force is one
that no objectively
As in other Fourth Amendment
contexts, however, the “rea-
sonableness” inquiry in an
excessive force case is an
objective one: the question is
reasonable law whether the officers’ actions
enforcement agent are “objectively reasonable”
would have used. in light of the facts and
circumstances confronting
them....6
The legal question is whether
Special Agent Petrowski is a legal instructor at the FBI Academy. an objectively reasonable officer
could have taken the action in issue.
Put another way, an unreasonable
use of force is one that no objec-
tively reasonable law enforcement
should be constitutionally evalu- The “reasonableness” of a agent would have used. It does not
ated. The decision demonstrates particular use of force must be involve any subjective information
that the Court understands the dy- judged from the perspective of regarding the officer who used the
namics of violent encounters and a reasonable officer on the force, such as training, age, or expe-
the practical safety issues law en- scene, rather than with the 20/ rience. For example, in McLenagan
forcement officers face. The Court 20 vision of hindsight. The v. Karnes,7 the Fourth Circuit Court
makes clear that the law profoundly Fourth Amendment is not of Appeals applied the Graham ob-
distinguishes between the danger- violated by an arrest based on jective reasonableness standard. In
ous and the endangered and pays probable cause, even though McLenagan, a police officer shot an
great deference to officers who the wrong person is arrested, individual he perceived to be
use force to defend themselves or nor by the mistaken execution armed and posing a deadly threat
another. of a valid search warrant on (the individual turned out to be nei-
The Court held in Graham that the wrong premises. With ther armed nor posing a threat).
the use of force by law enforcement respect to a claim of excessive Within moments after shooting
while making a seizure—to include force, the same standard of the plaintiff, the defendant police
force used in self-defense or de- reasonableness at the moment officer realized he had shot the
fense of another—is evaluated un- applies: Not every push or wrong person and then—for no rea-
der the Fourth Amendment. Such shove, even if it may later son offered in the opinion—fired
conduct, therefore, is analyzed for seem unnecessary in the two rounds through a closed door
reasonableness since the Fourth peace of a judge’s chambers, where the subject may have been.
Amendment prohibits “unreason- violates the Fourth Amend- Those two rounds, while not
able searches and seizures.”5 The ment. The calculus of reason- injuring anyone, were clearly un-
test of what is reasonable is a com- ableness must embody allow- reasonable.
mon sense evaluation of what an ance for the fact that police In finding the use of force by
objectively reasonable officer officers often are forced to the officer against the plaintiff to be
might have done in the same make split-second judg- reasonable, the court noted: “To as-
circumstance. The Court held ments—in circumstances that certain whether probable cause ex-
reasonableness is an objective are tense, uncertain, and isted for [the police officer] to fire
standard viewed from the officer’s rapidly evolving—about the his weapon, we consider the par-
perspective: amount of force that is neces- ticular circumstances confronting

26 / FBI Law Enforcement Bulletin


the official at the time of the ques- to determine whether an officer’s “circumstances which are tense, un-
tioned action...if a reasonable of- conduct was constitutional. The le- certain and rapidly evolving,” the
ficer possessing the same particu- gal constraints on the use of force Court underscored that law enforce-
larized information as [the police by law enforcement are based on ment agents are reacting to a
officer] could have...believed that practical considerations unique to subject’s refusal to voluntarily
his conduct was lawful, then [the each circumstance. Unlike other comply with the law. It is the sub-
actions of the police officer were Fourth Amendment contexts, ject that dictates what use of force,
reasonable].”8 With respect to the officer’s actions are not based on a if any, is necessary and reasonable.
two additional rounds fired after the specific rule set out by the Court. Federal case law recognizes the
plaintiff was shot, the court noted The Court prefers to give bright- short critical time period in which
that “...such conduct might be in- line rules when possible, particu- law enforcement officers must
dicative of an officer’s propensity larly in Fourth Amendment mat- make use-of-force decisions.13 This
for ill-considered actions...[h]ow- ters.12 When such specific guidance also takes into account the effects of
ever, in this case, [the officer] had is given by the Court, it is important adrenal stress,14 which is an invol-
no time to consider anything at that department policy and training untary reaction with substantial
all—except his and the public’s im- reflect that guidance. However, the psychological and physiological re-
mediate safety. At the moment of sults that significantly affect a


truth, [the officer] acted well within person's capacity to react, perceive
the range of behavior expected of a information, and recall details.
police officer. What happened after The Court in Graham also
the critical time had passed is sim- In use-of-force noted that use of force by police has
ply irrelevant.”9 training, legal and two distinct justifications. The first
The court in McLenagan also practical is in response to a suspect posing
addressed the fundamental Fourth considerations are an immediate threat to the safety of
Amendment principle that law en- not two separate the officers or others, and the sec-
forcement officers need not be cor- subject matters; they ond is to prevent the escape of a
rect—only reasonable—in their de- subject.15 While the use of force un-
cisions to use force. The court held: are complementary. der both justifications is evaluated
“We will not second-guess the split- for Fourth Amendment reason-


second judgment of a trained police ableness, the practical consider-
officer merely because that judg- ations—and, thus, the approach to
ment turns out to be mistaken, par- constitutional restrictions on law training—can be quite different. In
ticularly where inaction could have enforcement use of force are not— responding to a subject who is at-
resulted in death or serious injury to because they cannot be—bright- tempting to escape while not
the officer and others. Although it is line rules. It is critical that use-of- posing an immediate danger to the
extremely unfortunate that [the force policy and training not be seizing officers, there may be time,
plaintiff] was seriously injured, [the based on strict rules or, as the Court albeit seconds, to contemplate
law] does not purport to redress in- said in Graham, “mechanical appli- force options. However, in re-
juries resulting from reasonable cations.” The law is defined by the sponse to immediate threats to
mistakes.”10 realistic functional aspects of each safety there is virtually never that
The Court in Graham made case. In use-of-force training, legal luxury of time. Training in the use
clear that the determination of rea- and practical considerations are not of force must address this dis-
sonableness requires a common- two separate subject matters; they tinction. Unfortunately, many use-
sense pragmatic approach11 from are complementary. of-force curricula address both
the perspective of an objectively In recognizing that an officer’s force justifications with the same
reasonable law enforcement officer decision to use force occurs in approach.

October 2002 / 27
Hesitation: The Ever-Present enforcement officers. An annual av- not introduce a service weapon into
Adversary erage of 10, 994 of these assaults a conflict; officers may have been
More than 25 centuries ago, involved a dangerous weapon; an murdered with their own weapon,22
Sun Tzu, in his classic military trea- average of 49,313 involved the at- been ambushed, 23 or selflessly
tise The Art of War, noted that “the tacker using personal weapons. It chose not to shoot because of a
worst calamities that befall an army should be noted that these numbers danger to a third party. However,
arise from hesitation....”16 The no- represent assaults documented by a the annual rate of fatal use of
tion that one must not hesitate in the department and then reported to the deadly force by law enforcement
face of a dangerous threat seems U.S. Department of Justice. Fur- officers (364) compared with the
elementary in use-of-force training, ther, while there are more than annual reported assaults on law en-
but in some training contexts, hesi- 17,000 law enforcement agencies in forcement officers (60,307—
tation is exactly what is encouraged the United States, the average num- 10,994 of which involved a deadly
or expressly prescribed. ber of agencies reporting docu- weapon) is telling. These data, sup-
Empirical data indicate that law mented assaults was only 8,985. It ported by the historical military
enforcement officers responding to is safe to assume that these assault studies and officer victimology re-
a threat hesitate to use force, par- statistics are very conservative, if ports, clearly indicated a reluctance
ticularly deadly force, even in the on the part of officers to use signifi-
face of an imminent threat. Studies © Corbis cant force even when confronted
of military conflict confirm that the with an imminent threat of death or
vast majority of individual soldiers serious physical injury.
in combat refused to kill an identi- Compounding the inherent
fied enemy even when they knew hesitation officers have in using sig-
that doing so would endanger their nificant levels of force is the in-
own lives.17 Review of FBI officer stinctive tendency to quickly close
victimology studies and informa- with subjects and place themselves
tion provided by victim officers’ between the offender and those they
departments18 indicated that ap- protect.24 Officers are quick to put
proximately 85 percent of law en- themselves in harm’s way but are
forcement officers feloniously then reluctant to use significant
killed in the line of duty never dis- force. Use-of-force training should
charged their service weapons. Re- take this into account and strive to
view of individual case studies re- not grossly underreported. UCR reduce officer hesitation to use
vealed that victim officers often data also indicated that during the force when it is clearly necessary.
hesitated—even in the face of an period 1994 through 2000, law en- Unfortunately, some use-of-force
immediate threat. forcement officers in the United training takes the opposite focus of
FBI Uniform Crime Reports States intentionally killed an an- encouraging officers not to use
(UCR) data indicated that only a nual average of 364 felons while force, particularly deadly force, un-
small portion of law enforcement in the line of duty.20 This number less it is preceded by unrealistically
officers who are violently assaulted does not address those individuals lengthy deliberation.
respond with deadly force.19 UCR nonfatally shot by law enforcement
data for the years 1991 through officers.21 The Use-of-Force Continuum:
2000 indicated that 644 law en- There are certainly legitimate A Strategy for Hesitation
forcement officers were feloniously reasons that could have prevented In Graham, the Court's in-sight-
killed in the line of duty. The data officers from using deadly force ful statement, “...the test of reason-
also indicated an annual average of when it clearly was justified. There ableness under the Fourth Amend-
60,307 documented assaults on law could have been tactical reasons to ment is not capable of precise

28 / FBI Law Enforcement Bulletin


definition or mechanical applica- purports to make it easy to remem- use unnecessary force when the em-
tion...”25 was meant to illustrate the ber the steps of the continuum— pirical data show that the common
notion that every situation involv- which is exactly what it does—re- response is to hesitate. The force
ing the use of force by police is sulting in guaranteed hesitation in continuum purports to provide a
unique and that it is impossible to the face of a threat. The force con- mechanical application when offi-
define specific applications of force tinuum is most problematic when it cers should be making a subjective
options. Unfortunately, many law is necessary for an officer to apply threat assessment. It encourages of-
enforcement agencies have adopted deadly force or a higher nondeadly ficers to “wait and see,” in the hope
training in the guise of a “force force option. An officer trained to that either the aggressors will
continuum,” which is precisely the progress through a force option abruptly change their minds or the
mechanical application that the menu inevitably will hesitate too assessment of threat by the officer
Court proscribed for use by lower will become very simple. While it is
courts because it is inconsistent often a prudent practice for depart-


with the concept of reasonableness. ments to have policies that are more
Most use-of-force continua in- restrictive than the law requires to
dicate a reflective approach to a Empirical data indicate ensure compliance with the law,
menu of force options with the goal mandating force continua risks
of selecting the least intrusive op-
that law enforcement more than the loss of evidence—it
tion. The typical force continuum officers responding to risks the lives of officers. While this
begins with the presence of the of- a threat hesitate to use approach may reduce use of force
ficer or with verbal commands and force, particularly by police, the risk to officers is
then lists use-of-force options in or- deadly force, even in significant and not constitutionally
der of increasing intrusiveness, end- the face of an required.
ing with deadly force. Usually, Some departments and vendors
accompanying language suggests
imminent threat. take the force continuum even fur-


that officers should consider which ther, employing what they call a
force option is appropriate and in- “less-lethal” option. That is, while
cludes the suggestion of “escalat- the force option constitutes deadly
ing“ their response to a subject with long to eliminate all less intrusive force, it is less intrusive than other
a view toward “de-escalating” the force options. deadly force options. This practice
threat posed by the subject. The There may be situations where requires that once it is determined
continuum also usually contains the progressive escalating force op- (consistent with a review of force
language that suggests officers con- tion approach is logical, such as options on the continuum) that
sider progressing up or down the when a subject poses no immediate deadly force is necessary, then a
force continuum. While virtually threat of serious physical harm to review of options within that level
every force continuum provides anyone while attempting to escape. be undertaken. This creates a con-
that such progressing through force When there is no immediate threat, tinuum within a continuum, making
options may not be appropriate in officers may have the luxury of time an unacceptably long decision pro-
all use-of-force situations, the seed to escalate through force options to cess even longer.
of hesitation is inescapably planted. use the least intrusive force option.
The word continuum implies a se- But, to require such an escalating The Least Intrusive Alternative
quential approach. approach when faced with an imme- The goal of force continua—
The force continuum can diate serious threat is contrary to using the least intrusive means to
be superficially very attractive, common sense and the specific respond to a threat—simply is not
particularly when provided in the direction of the Supreme Court.26 It constitutionally required. The law
form of a euphonic acronym. This assumes a propensity by police to does not require officers to select

October 2002 / 29
the minimum force necessary, only Hesitation commonly plagues 1999. Obviously, aggravated assault is a better
indicator of the increase in violent crime
a reasonable option. The Seventh police who are victims of attack.
because it shows how often people in this
Circuit Court of Appeals said in Use-of-force training regarding im- country actually are committing serious acts of
Plakas v. Drinski,27 “[t]here is no mediate self-defense differs from violence. The murder rate as an indicator of
precedent in this circuit (or any use of force to effect a seizure when society’s capacity to be violent is skewed by the
significant advances in health care over the past
other) which says that the Constitu- an officer does not face an immi-
40 years. This increase in violent crime is
tion requires law enforcement offic- nent threat. When training officers particularly cogent in light of recent positive
ers to use all feasible alternatives to to use force in self-defense or de- influences on violent crime, such as the
avoid a situation where deadly force fense of another, the focus must be legalization of abortion. See John J. Donohue III
and Steven D. Levitt, “The Impact of Legalized
can justifiably be used. There are, on removing hesitation. The use of
Abortion on Crime,” The Quarterly Journal of
however, cases which support the Economics, MIT Press, Harvard University’s


assertion that, where deadly force is Department of Economics, Cambridge, MA.
otherwise justified under the Con- See also David A. Grossman, The Bullet-Proof
Mind (Carrollton, TX: Calibre Press, 1999).
stitution, there is no constitutional 2
During the period 1971 through 1975, the
duty to use nondeadly alternatives The law does not average annual number of law enforcement
first.”28 Choosing the least intrusive require officers to officers feloniously killed was 128. The annual
alternative is not legally required select the least average for the period 1996 through 2000 was
57. See U.S. Department of Justice, Federal
because it is an impossible standard intrusive force Bureau of Investigation, Law Enforcement
to apply to hold law enforcement.
The U.S. Supreme Court and every option, only a Officers Killed and Assaulted for the indicated
years. The reduction in law enforcement
federal circuit in this country recog- reasonable one. officers killed has been caused primarily by the
increased use of bullet-proof vests and
nize this. It is an obvious point that


improvements in kevlar technology. Other
use-of-force trainers and policy factors that may have contributed to the
makers should heed. reduction are better training and police
practices.
a force continuum perpetuates hesi- 3
490 U.S. 386 (1989). The Graham
Conclusion tation and exacerbates a natural decision is relevant only to Fourth Amendment
The constitutional constraints reluctance to apply significant force cases. Use-of-force matters involving
on the use of force by law enforce- even when faced with a serious incarcerated convicts are brought under the
Eighth Amendment, and Fourteenth Amend-
ment require reasonableness. The threat. The progressive escalating ment claims can be brought for use of force by
Supreme Court has identified a approach—with the goal of using law enforcement that do not apply to either the
number of considerations lower the least intrusive force—should Fourth or Eighth Amendments.
courts should look at in determining never be applied to defense-of-life While there have been numerous applica-
tions of the Graham decision by the Supreme
reasonableness that emphasize training. Next month, the FBI Law Court and in every federal circuit, in 2001 the
looking at the practical circum- Enforcement Bulletin will feature Supreme Court generally readdressed the issue
stances facing the officer who used the second part of this article in Katz v. Saucier, 121 S. Ct. 2151 (2001). The
force. Each case should be evalu- which will address specific use-of- Court in Katz was extremely prolaw enforce-
ment and made clear that in evaluating the use
ated in light of the particular force training strategies and policy of force by law enforcement great deference
unique facts from the perspective considerations. must be paid to the risks assumed by law
of the officer at the time the deci- enforcement and strongly reinforced its
sion to use force was made. The previous decisions in police use of force cases.
Endnotes The Katz decision is replete with references of
law provides that there cannot be 1
According to U.S. Department of Justice, deference to law enforcement in both qualified
bright-line rules (“mechanical ap- Federal Bureau of Investigation, Crime in the immunity and constitutional contexts. For
plications”) regarding what force United States, aggravated assaults in 1959 example, at 2158: “ We set out a test that
occurred at the rate of 67.3 per 100,000 cautioned against the “20/20 vision of
an officer may use. It is the practi- inhabitants. In 1999, the rate was 334.3 per hindsight” in favor of deference to the
cal considerations that inform the 100,000 inhabitants. The murder rate in 1959 judgment of reasonable officers on the scene.
law. was 4.8 per 100,000 inhabitants and 5.7 in Citing Graham, at 396. Emphasis added.

30 / FBI Law Enforcement Bulletin


And, at 2158-2159: Michigan v. Summers, 452 U.S. 692 (1981) Oxford University Press, London, England,
The deference owed officers facing suits (officers always may detain occupants of a 1963.
17
for alleged excessive force is not different in residence where a search warrant is executed). See generally David A. Grossman, On
some qualitative respect from the probable These cases illustrate the substantial deference Killing (Boston, MA: Little, Brown and
cause inquiry in [search cases]. Officers can the Court gives to those who put themselves in Company, 1996), nominated for a Pullitzer
have reasonable, but mistaken, beliefs as to the harm’s way by making arrests and conduicting Prize. See also George T. Williams, “Reluctance
facts establishing the existence of probable searches. The Court tries, where it can, to give to Use Deadly Force,” FBI Law Enforcement
cause or exigent circumstances, for example, law enforcement clear guidance to prevent the Bulletin, October 1999, 1-5.
18
and, in those situations, courts will not hold difficult decision making that occurs in the A 1992 FBI Uniform Crime Report
that they have violated the Constitution. Yet, “tense, uncertain and rapidly evolving” (UCR) study of law enforcement officers
...even if a court were to hold that the officer circumstances of most searches and seizures. feloniously killed in the line of duty indicated
violated the Fourth Amendment by conducting However, with respect to review of use-of- that 85 percent of the officers killed never
an unreasonable, warrantless search, Anderson force matters they have mandated that each discharged their service weapons. A review of
still operates to grant officers immunity for case be individually evaluated, giving great 148 incidents of law enforcement officers killed
reasonable mistakes as to the legality of their deference to those making such difficult from 1998 through 2000 indicated that 125
actions. The same analysis is applicable in decisions. (84.5 percent) of the victim officers never fired
13
excessive force cases, where in addition to the “The time-frame [an officer has to a round at their killer. See U.S. Department of
deference officers receive on the underlying respond to a subject] is a crucial aspect of Justice, Federal Bureau of Investigation, Killed
constitutional claim, qualified immunity can excessive force cases. Other than random in the Line of Duty (Washington, DC, 1992);
apply in the event the mistaken belief was attacks, all such cases begin with the decision and U.S. Department of Justice, Federal Bureau
reasonable. of a police officer to do something, to help, to of Investigation, Law Enforcement Officers
Emphasis added. arrest, to inquire. If the officer had decided to Killed and Assaulted (Washington, DC, 1998,
4
The Court remanded the case back to the do nothing, then no force would have been 1999, and 2000).
19
trial court to apply the Court’s new guidance in used. In this sense, the police officer always See U.S. Department of Justice, Federal
determining the reasonableness of police use of causes the trouble. But it is trouble which the Bureau of Investigation, Law Enforcement
force. A jury found the actions of the officers police officer is sworn to cause, which society Officers Killed and Assaulted (Washington,
to be reasonable and, thus, constitutionally pays him to cause and which, if kept within DC, 2000).
20
permissible. constitutional limits, society praises the officer See U.S. Department of Justice, Federal
5
The Fourth Amendment to the Constitu- for causing.” Plakas v. Drinski, 19 F.3d 1143, Bureau of Investigation, Crime in the United
tion of the United States. at 1150 (emphasis added) (7th Cir. 1994). States (Washington, DC, 1998 through 2000).
6 21
Graham at 396. The notion that an individual attacked will For a discussion of extrapolating the
7
27 F.3d 1002 (4th Cir. 1994). not have time to evaluate responses is not new number of individuals shot (fatally and
8
McLenagan at 1007. to the courts. In 1921, the Supreme Court in nonfatally), see generally William A. Geller and
9
Id. at 1008. Brown v. U.S., 41 S. Ct. 501, related at 502: Michael S. Scott, “The Prevalence of
10
Id. at 1007. “Detached reflection cannot be demanded in Shootings,” in Deadly Force: What We Know
11
The Supreme Court has always reduced the presence of an uplifted knife. Therefore, in (Washington, DC: Police Executive Research
the determination of probable cause and this Court, at least, it is not a condition of Forum, 1992).
22
reasonableness to a laymen’s view: immunity that one in that situation should During the period 1991 through 2000, 51
“[a]rticulating precisely what ... “probable pause to consider whether a reasonable man of the 601 law enforcement officers killed with
cause” means is not possible. [It is a] might not think it possible to fly with safety or firearms were killed with their own weapon (8.5
...commonsense, nontechnical conception that to disable his assailant rather than kill percent). See U.S. Department of Justice,
deals with the factual and practical consider- him.” Federal Bureau of Investigation, Law Enforce-
14
ations of everyday life on which reasonable See generally Alexis Artwohl, Ph.D. and ment Officers Killed and Assaulted (Washing-
and prudent men, not legal technicians, act.” Loren W. Christensen, Deadly Force Encoun- ton, DC, 2000).
23
U.S. v. Ornelas, (U.S. Supreme Court) 517 ters: What Cops Need to Know to Mentally and During the period 1991 through 2000, 89
U.S. 690, 695 (1996) (emphasis added), citing Physically Prepare for and Survive a Gunfight of the 644 slain law enforcement officers were
two previous decisions. (Boulder, CO: Paladin Press, 1997). ambushed (13.8 percent). See U.S. Department
12 15
For examples, see Chimel v. California, Graham, at 396. For a discussion of the of Justice, Federal Bureau of Investigation, Law
395 U.S. 752 (1969) (officers always may legal aspects of use of force to effect an arrest or Enforcement Officers Killed and Assaulted
search an arrestee, to include the wingspan to prevent escape, see John C. Hall, “Use of (Washington, D.C., 2000).
24
area, incident to arrest); Pennsylvania v. Deadly Force to Prevent Escape,” and “Police See Anthony J. Pinizzotto, Edward F.
Mimms, 434 U.S.106 (1977) (driver of a Use of Nondeadly Force to Arrest,” FBI Law Davis, and Charles E. Miller III, “Escape from
vehicle always may be ordered to exit vehicle Enforcement Bulletin, March 1994, 27-32 and the Killing Zone,” FBI Law Enforcement
incident to traffic stops); Maryland v. Buie, October 1997, 27-32, respectively. Bulletin, March 2002, 1-7.
16 25
494 U.S. 325 (1990) (incident to an arrest in a Numerous translations of The Art of War Graham at 396 (quoting a prior Supreme
structure, officers always may conduct a are available. See translation and commentary Court decision).
26
protective sweep of the room in which the by Lionel Giles, published by Indypublish.com, By adopting unnecessarily restrictive
arrest occurs and all rooms adjacent thereto); 2001, or translation by Samuel B. Griffith, polices, departments also may be holding

October 2002 / 31
themselves to a higher legal standard. While based suit fails, a department that adopts overly Stine, 120 F.3d 1363 (8th Cir. 1997); Schulz v.
mere policy violations normally do not give rise restrictive use-of-force continua probably will Long, 44 F.3d 643 (8th Cir. 1995); Scott v.
to civil rights lawsuits, some courts have held expose itself to “expert” witnesses who will Henrich, 39 F.3d 912 (9th Cir. 1994); Warren
such actions may be viable when the policies opine that lack of compliance with a v. Las Vegas, 111 F.3d 139 (9th Cir. 1997);
have been adopted for the benefit of those department’s policies indicates an unreasonable Wilson v. Meeks, 52 F.3d 1547 (10th Cir.
ultimately injured. The Ninth Circuit Court of use of force. 1995); Menual v. Atlanta, 25 F.3d 990 (11th
27
Appeals said in Scott v. Henrich, 39 F.3d 912 19 F.3d 1143, at 1148 (7th Cir. 1994). Cir. 1994); and Medina v. Cram, 252 F.3d
28
(9th Cir. 1992), “Assuming internal police The first time the U.S. Supreme Court 1124 (10th Cir. 2001). See also the reference to
guidelines are relevant to determining whether expressly asserted that Fourth Amendment Brown, supra note 13.
use of force is objectively reasonable,...they are reasonableness did not require the least
relevant only when one of their purposes is to intrusive alternative was in Illinois v. Lafayette, Law enforcement officers of other than
protect the individual against whom force is 462 U.S. 640 (1983). For other examples of federal jurisdiction who are interested in
used. Thus, if a police department limits the use courts finding that a law enforcement officer this article should consult their legal
of chokeholds to protect suspects from being need not select the least intrusive option, see advisors. Some police procedures ruled
permissible under federal constitutional law
fatally injured,...or restricts the use of deadly U.S. v. Sokolow, 490 U.S. 1 (1989); Roy v. are of questionable legality under state law
force to protect suspects from being shot Lewiston, 42 F.3d 691 (1st Cir. 1994); Salim v. or are not permitted at all.
unnecessarily,...such regulations are germane to Proulx, 93 F.3d 86 (2nd Cir. 1996); Elliott v.
the reasonableness inquiry in an excessive force Leavitt, 99 F.3d 640 (4th Cir. 1996); Collins v.
claim.” Id. at 915. Even if the above policy- Nagle, 892 F.2d 489 (6th Cir. 1989); Tauke v.

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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
those situations that transcend the normal rigors of the law enforcement profession.

While working an evening shift, Officer Daniel E. Foito of the


Clinton, Connecticut, Police Department responded to a call of a
disturbance at a motel. As Officer Foito pulled into the parking lot,
he was confronted by a young woman, who was 8 months pregnant
and had been stabbed repeatedly in her abdomen, chest, and neck.
When Officer Foito questioned her about what happened, the woman
pointed to a man exiting one of the motel rooms. The suspect, the
woman’s boyfriend, was covered in blood that was a mixture of the
woman’s and some that came from a self-inflicted knife wound
across his throat. He held a knife wrapped in bloody hair pulled from
Officer Foito the woman’s head. As the suspect approached and advanced toward
them, Officer Foito pushed the woman behind him, shielded her with
his body, and retreated across the
parking lot. Drawing his weapon,
Officer Foito repeatedly told the
suspect to drop the knife. He activated Officer Tom Thompson of
the laser sighting system attached to the Fife, Washington, Police
his weapon, and the red dot appeared Department was on patrol when
as a warning on the suspect’s chest. he heard the faint buzz of the fire
The suspect ignored the warnings and alarm at an apartment complex.
continued to approach Officer Foito After he got out of his car, he
and the woman. Backed against a followed the sound to an upstairs
large trash bin, Officer Foito and the unit in the building. He forced
woman were unable to retreat further, open the door and immediately
while the suspect continued to ad- became engulfed in smoke.
vance toward them. When the suspect Officer Thompson found the
Officer Thompson
was within a few feet, Officer Foito tenant, who was suffering from
fired his weapon and fatally wounded smoke inhalation and trying to extinguish a large grease
the suspect. The woman was airlifted fire with clothing. Officer Thompson brought the
to a trauma center where she received subject outside to safety, but when he turned around to
medical treatment to her throat get the fire extinguisher from his patrol car, the tenant
injuries, which affected her ability to had returned to his apartment. Officer Thompson went
breathe and speak. Subsequently, she back upstairs and found the subject, who was in shock,
delivered a healthy, unharmed baby carrying the hot pot of scalding grease in his arms.
boy by emergency cesarean section. Officer Thompson ordered the subject to put down the
Officer Foito’s courage in a dangerous pot. The tenant complied, but he already had received
confrontation saved the lives of two third-degree burns on his arms and chest. Officer
innocent victims. Thompson escorted the subject outside again and
officials took him to the hospital for medical treatment.
Officer Thompson’s selfish actions saved the life of the
tenant and helped prevent the fire from spreading to
additional units in the building.
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Patch Call

The steam locomotive on the Watertown, South The patch of the Pickerington, Ohio, Police
Dakota, Police Department patch depicts the first Department features a covered bridge representing the
railroad built in the state. Also featured are the last of the operational covered bridges in the area. The
Mellette House, the home of the last governor of the large sycamore tree and purple violets illustrate
Dakota territory and the state’s first, and the Big namesakes, such as the main waterway and the
Sioux River, which flows through the town. The designation of Pickerington as the Violet Capital of
Black Hills spruce trees, the state tree, helped desig- Ohio. The date, 1815, signifies the year Pickerington
nate the town as “The Tree City.” The motto denotes was incorporated.
the department’s purpose, while 1880 is the year of
the town’s founding.