Documentos de Académico
Documentos de Profesional
Documentos de Cultura
Volume 73
Number 5
United States
Department of Justice
Federal Bureau of Investigation
Washington, DC 20535-0001
The attorney general has determined Conducting Surveillance Preparation and attention to details can
that the publication of this periodical is
necessary in the transaction of the
public business required by law. Use
Operations 1 result in a productive, safe surveillance.
By John T. Nason
of funds for printing this periodical has
been approved by the director of the
Office of Management and Budget.
The FBI Law Enforcement Bulletin Compstat Design The second portion of a three-part
(ISSN-0014-5688) is published
monthly by the Federal Bureau of
Investigation, 935 Pennsylvania
By Jon M. Shane 12 article on Compstat, an information-
driven managerial process, addresses
Avenue, N.W., Washington, D.C. the design of the model.
20535-0001. Periodicals postage paid
at Washington, D.C., and additional
mailing offices. Postmaster: Send
address changes to Editor, FBI Law The Witness Security Program is a
Enforcement Bulletin, FBI Academy, Hiding in Plain Sight
Madison Building, Room 201,
Quantico, VA 22135.
By Douglas A. Kash 25 critical weapon in the war on crime.
Editor
John E. Ott
Associate Editors
Cynthia L. Lewis
David W. MacWha
Bunny S. Morris Departments
Art Director
Denise Bennett Smith
Assistant Art Director
Stephanie L. Lowe
8 Focus on Training 22 Perspective
Staff Assistant
Linda W. Szumilo Surviving Prisoner Searches The Need for School
Resource Officers
This publication is produced by 20 Book Review
members of the Law Enforcement
Communication Unit, Training Division. Police Assessment Testing
Internet Address
leb@fbiacademy.edu
Cover Photo
© Wayne Hertz
© Wayne Hertz
A
s the Hollywood detec- bringing the case to a successful concept. The considerable re-
tive sits in his four-door conclusion. sources required for a surveil-
sedan, he downs numer- While surveillances usually lance draw personnel away
ous cups of coffee to stay awake do not follow this scenario, those from other investigative func-
and occasionally speaks into a who have conducted such opera- tions, which can pose problems.
two-way radio to other officers tions will admit that participat- Also, the potential exists for
also maintaining the same stake- ing in a productive surveillance alerting the subject of the inves-
out ritual. Then, finally, in the can be a rewarding and, at times, tigation to law enforcement’s
predawn hours, the villain an exhilarating experience. Sec- interest, which conceivably
emerges from the location, ond only to operating confiden- could compromise the covert-
playing right into the hands of tial sources, surveillance is the ness of not only the surveillance
the seasoned and street-smart most frequently employed inves- but the entire case. Preparation
hero who tails him to where tigative technique in obtaining and some fine-tuning at the
he commits a crime, takes a arrests, indictments, and convic- onset can make the difference
hostage, or retrieves some tions for the FBI. between having a productive
stashed contraband. Then, in Unlike operating informants, surveillance and expending ex-
action-packed style, the detec- however, conducting a surveil- pensive resources and coming up
tive handles the entire situation, lance requires using the team empty-handed.
May 2004 / 1
Law enforcement agencies determine what levels of authori- a motor vehicle or utility check
primarily use surveillance to de-
zation are needed and how to and confidential source contacts
velop both intelligence and evi-allocate the necessary resources can save a lot of wasted time
dence to further investigations to the surveillance. Agencies by revealing that the intended
by identifying subjects, their should coordinate planned sur- subject recently relocated or sold
activities, and their associates,
veillances on a strict “need-to- a vehicle. All team members
along with their residences, know” basis. should receive pertinent details,
places of business, hangouts, and At the onset, case managers, easily contained on a preprinted
other related locations. Surveil-
in conjunction with the physical form, to include—
lance also can identify potential
surveillance, should consult • the case background;
sources, corroborate source in- technical services personnel to • the surveillance objective;
formation, provide security to explore the feasibility of em-
undercover operatives, and ploying various measures, such • the subject’s caution state-
gather data for site surveys. Inas the use of video concealments, ment (e.g., armed and
addition, information obtained remote video, or tracking de- dangerous or known to
from surveillance can provide vices. Employing technical cov- possess a firearm);
the probable cause for obtainingerage or aircraft can function as • the subject’s previous
authorization for other investiga-
force multipliers and enhance experience with surveillance
tive techniques, such as search overall effectiveness, which can and whether the subject
warrants and wiretaps. make the difference in obtaining appears surveillance
productive results. conscious; and
PLANNING AND Prior to initiating the surveil-
PREPARATION • the subject’s personal data
lance, investigators should up- (e.g., all descriptive data
Once investigators decide date subject information to en- with photo; criminal history;
that surveillance is appropri- sure that they have the most habits, such as martial arts
ate, their agency’s policy will current available. For example, practitioner or bodybuilder,
and associates; the vehicles
of the subject and associ-
“
ates; and the locations of
Preparation and residences, work, and
hangouts).
some fine-tuning at
the onset can make the SURVEILLANCE
difference between having COMPONENTS
a productive surveillance Realizing that staffing con-
and expending expensive straints often become an issue in
resources and coming determining the amount of mem-
up empty-handed. bers available for a surveillance,
a team of six generally proves
Special Agent Nason heads the FBI’s Special Operations Group, Aviation
and Surveillance Operations Section, Critical Incident Response Group. ” optimal for a moving surveil-
lance. Having a larger team re-
duces the chance of losing the
subject and limits exposure of
May 2004 / 3
surveillance. The mere existence
of photographs has resulted in
countless jury convictions and
guilty pleas being entered,
thereby saving prosecutor’s of-
fices and law enforcement agen-
cies months of trial preparation,
as well as the trial itself. For this
reason, investigators should
attempt to obtain the highest
quality surveillance photographs
whenever possible.
© Wayne Hertz
Digital Versus
Conventional
The conversion from con-
the subject to another team mem- utility vehicles, outfitted with ventional to digital photography
ber after taking one turn. closed-circuit television or has not posed any significant
If the subject is on foot or remote video. evidentiary problems to date.
uses public transportation, team While it is common knowledge
members designated as “legs” Documentation and Logs that digital photography images
should quickly exit and secure One team member maintains can be easily manipulated,
their vehicles to assume foot a chronological log to document this also holds true when
surveillance. On foot, the team observations made collectively using conventional photography.
adopts an ABC method, wherein by the team. Once completed, However, a variety of authenti-
the primary eye rotates between each team member initials each cation methods can maintain
team members with at least entry in the log, reporting obser- the integrity of a photo. In
one team member on the oppo- vations they personally wit- addition, adherence to an estab-
site side of the street from the nessed. The team leader reviews lished handling procedure,
subject. it for accuracy; afterwards, the such as the use of write-once
agency retains the original in the read-many (WORM) media, 3
Static Surveillance official file as evidence. Investi- further reduces vulnerability
In situations where the sur- gative personnel receive copies from a legal challenge.
veillance is static (i.e., immo- in a timely manner for analysis
bile) or for mobile surveillances and logical follow-up. Still Versus Video
that become stationary, staffed Which type of photos, still or
vehicles parked on the street are SURVEILLANCE video, is more desirable for sur-
effective for a limited time only. PHOTOGRAPHY veillance purposes? If possible,
Once team members realize that In addition to the written investigators should obtain both
a particular location will require logs, still photographs and video because both have advantages
surveillance for a protracted pe- footage provide visual documen- and drawbacks.
riod, they should use specialty tation of an occurrence and con- The overall picture quality
vehicles, such as vans or other stitute the work product of a of still photos generally proves
“
quality still photos. such.
• Because most investigators SURVEILLANCE RISKS
are not professional photog- During surveillances,
raphers, they should famil- participants must Investigators always should
assume that subjects engaged in
iarize themselves with remain vigilant and operational, terrorist, or criminal
the features of a camera alert to the possibility
before taking it on a activity will attempt to detect
of countersurveillance surveillance by employing a va-
surveillance. techniques being riety of methods and techniques.
• Prior to taking photos, they employed against For example, as part of Al-Qaeda
should clean the camera lens them. specialized training, operatives
and vehicle windshield. are instructed to follow meticu-
”
• When taking photos from a lous operational security. Tactics
vehicle, they should turn include conducting dry runs
off the engine and film from to operate than some of the high- prior to becoming operational,
a stabilized position using a quality still cameras. To obtain using secondary roads and public
tripod or makeshift devices, quality footage when using transportation to flush out sur-
such as the steering wheel video, investigators should— veillance, and employing prear-
or dash board with a towel ranged signals to communicate
or beanbag for support. • set the video camera on the absence or presence of
manual focus; surveillance to other Al-Qaeda
• They should not delete any
photos taken. • clean the lens and vehicle members.
windshield; Criminal subjects, particu-
• When photographing from larly drug violators and orga-
behind tinted glass, they • video continuously, mini-
mizing camera movement nized crime figures, employ a
should remember that they variety of measures to detect sur-
will lose at least one f-stop and zooming;
veillance, including the use of
(i.e., the function that • activate the date and time neighborhood lookouts and tail
regulates the amount of feature and ensure that the cars. During surveillances, par-
light coming through a correct time and date are ticipants must remain vigilant
camera lens). displayed; and alert to the possibility of
• To prevent being revealed • use the eye piece as the LCD countersurveillance techniques
from back lighting, they can illuminate them, as well being employed against them.
May 2004 / 5
Of paramount importance, SURVEILLANCE • Considering that the longer
investigators must remember TERMINATION duration of the surveillance
that many in their profession Often, the decision to termi- coverage increases the
have been assaulted, injured, and nate a surveillance can prove as likelihood of detection,
even killed while performing difficult as the one to initiate it. does the potential for gains
surveillance duties. For this rea- Investigators should consider the outweigh the increased risk
son, those involved in a surveil- following factors when deciding of detection?
lance must remain constantly whether or not to terminate the • Would other investigative
aware of potential safety haz- surveillance: techniques or technical
ards. A dangerous situation can coverage prove more appro-
develop at any time, and investi- • Assuming that the resources
priate? After all, investiga-
gators never should take it still exist, do the present
tors always can cut back or
lightly. This becomes com- circumstances warrant
reinstitute the surveillance
pounded when the surveillance allocation of these consider-
if needed.
occurs in a high-crime area and able reserves at the expense
in hours of darkness. Risk as- of other cases or investiga- CONCLUSION
sessments should be carried out tive functions? Surveillance is a valuable
at every level on an ongoing • Is the surveillance still investigative tool and proves
basis, which may result in the providing intelligence similar to most other law en-
surveillance being terminated. or evidence? forcement endeavors in that
• During a mobile surveillance, do not take unnecessary risks to keep up with a subject
speeding, running red lights, or otherwise driving recklessly.
• While stationary, keep the vehicle windows closed and the doors locked.
• Regularly scan rear view mirrors to observe anyone or any activity to the rear.
• Alert other team members to any suspicious or unusual persons or activity in the area.
• In high-crime areas and in hours of darkness, remain in a heightened state of alert.
• Position vehicle to enable a rapid response to assist others if needed.
• Ensure vehicle has emergency equipment lights, siren, and first-aid kit.
• Keep identification, weapon, and ballistic vest assessable.
• Know and use challenge, password, and other appropriate safety measures to prevent
friendly fire situation from developing.
• When leaving a vehicle to go on foot surveillance, fully secure the vehicle and
equipment inside.
Clarification
May 2004 / 7
Focus on Training
Cop 101 Sadly, these represent only two out of the
Surviving Prisoner Searches many actual incidents that cost law enforcement
By Todd Coleman
officers their lives every year. While tragic, these
two deaths reveal a more distressing fact: they,
© Tony Whitmore
like many others, could have been avoided. For
the 10-year period 1993 through 2002, 20 officers
were killed while handling or transporting prison-
ers.3 Although some incidents resulted from
prisoners overpowering and disarming the victim
officer, many others occurred due to weapons
missed during incomplete searches of suspects.
These numbers also do not include the “near
misses” or “could have beens” that happen each
year. A check with their local jail or holding
facility about the number of weapons removed
from prisoners each year should give law enforce-
ment officers something to think about. These
weapons do not include a James Bond laser-beam
watch or something concealed in a hollowed-out
boot heel. Rather, they involve a 9-mm or .45-
caliber semiautomatic handgun stuffed in a
waistband or a derringer, revolver, or other
handgun hidden inside of a boot, pocket, or
T
jacket. They are ordinary weapons that a thor-
wo officers arrested a suspect and secured ough search would have discovered.
him in the back seat of their patrol ve- Although these tragic incidents happen all too
hicle.1 One officer stood beside the car while the often, they can be avoided, or at least vastly
other sat in the front seat to use the radio. Sud- reduced, by paying attention to what I call “Cop
denly, despite being handcuffed behind his back 101.” Simply put, Cop 101 stresses the impor-
and belted into the seat, the suspect began shoot- tance of reinforcing the basic survival skills of
ing at the officers with a .45-caliber handgun law enforcement and not neglecting these in the
that he had concealed in his waistband. The quest for more glamorous or exciting training. It
officer standing beside the vehicle died at the seems that we never practice or refresh some of
scene. the most important techniques in law enforce-
The chief of police in a small town arrested ment after we leave the training academy. For
an individual and recovered a handgun from him some reason, these were deemed important
during a search.2 After transporting the suspect to enough to be included during the academy, but,
a holding facility, the chief turned her attention afterwards, they are viewed as too basic or simple
from the suspect to make a phone call. The to merit additional training time. During training,
suspect pulled a second gun that he had con- we often pay a great deal of attention to elaborate
cealed in a pouch in the front of his pants and self-defense training, tactical shooting, pursuit
shot the chief in the head, killing her. driving, and a myriad of high-risk scenarios. All
May 2004 / 9
overlapped areas and not omitted any. They that person nor should they worry about offend-
should pay special attention to places where ing another officer by searching a prisoner they
weapons are commonly found, such as the waist have received. This commonly occurs when one
area, boots, and clothing with multiple pockets. officer transports a prisoner for another officer. I
Officers also need to keep in mind other strongly encourage officers to thoroughly search
safety issues. For example, they never should any prisoner they transport regardless of whether
thrust their hands into the suspect’s pockets. he already has been searched. In fact, while
Instead, they should lightly touch the outside working narcotics, I got to the point where I told
first, then squeeze and twist the pocket from transporting officers that the prisoner had not
the outside to lessen been searched, even if
the risk of cutting he had, because I
themselves on sharp noticed that if I told the
objects, such as Cop 101 Prisoner Search Tips transporting officers
needles or exposed that the prisoner
blades. If necessary, • Use caution with all prisoners, even already had been
they should slowly those in handcuffs. searched, many times
turn the suspect’s • Maintain a safe position. either they neglected
pockets inside out, • Be systematic and section the body to search him again
thus allowing them to into quadrants. or they conducted a
remove sharp objects minimal search at best.
• Touch pockets before reaching inside
safely. In addition,
or turn pockets inside out. Assess the Benefits
officers should carry
extra brown paper • Search all prisoners, even those By keeping these
bags in their vehicles received from other officers. points in mind and
to hold these items. incorporating them
This avoids inadvert- into established offi-
ently giving the pris- cer-survival classes,
oner back an item that may contain some type instructors can provide several benefits to both
of undiscovered concealed weapon, such as a their officers and their agencies. First and fore-
missed razor inside of a wallet. This also allows most, it will keep officers safer on the street. By
officers to go through each item at a more secure instilling the habit of conducting a proper and
and possibly well-lit area and makes it easy to safe prisoner search, instructors can reduce the
determine if they missed something during a re- occurrence of officers injured and killed by armed
search of the prisoner. I encourage officers to take prisoners. Second, it will allow instructors to
a few extra moments and conduct a re-search or, identify individual officers who may have diffi-
better yet, have a second officer do so. This helps culties in this area. In turn, instructors can give
ensure that the prisoner has been thoroughly these officers the additional training they need to
searched. ensure that they can safely and effectively search
This leads to my final point: searching a their prisoners. Finally, it makes a statement
prisoner when transferring custody to another about where an agency stands on issues of officer
officer. Instructors should stress to officers that safety. What an agency fails to train makes just as
they should not be offended if another officer much of a statement about its attitude toward
who assumes custody of their prisoner searches officer safety as what it does train.
The Bulletin’s
E-mail Address
© Digital Vision
May 2004 / 11
Compstat
Design
By JON M. SHANE
© Mark C. Ide
© Mark C. Ide
T
he Compstat process, as THE COMPSTAT DESIGN in the [Compstat] process and be
described in the first part The chief is absolutely criti- committed to it.”3
of this article, hinges on cal to Compstat’s design and When designing the Comp-
four crime-reduction principles: success. He must sponsor and stat model for the organization,
accurate and timely intelligence, champion the process with the those involved in the process
effective tactics, rapid deploy- command staff.2 “Sponsoring must sort through a few adminis-
ment of personnel and resources, [Compstat] and championing trative details. These include or-
and relentless follow-up and as- it are different; sponsorship is ganizational placement, required
sessment.1 Coupled with these necessary to provide legitimacy attendees, the facilitator, the fa-
are accountability and discretion to the process, while champion- cility, the equipment, and, most
at all levels of the law enforce- ing provides the energy and important, data collection, analy-
ment agency. The design of the commitment to follow through. sis, and presentation.
Compstat model creates an at- [Compstat] does not just hap-
mosphere where both officers pen—involved, courageous, and Organizational Placement
and executives can remain fo- committed people make it hap- As a managerial function,
cused on the core mission of the pen. The department’s leaders Compstat should appear at the
agency, protecting the members must serve as process champi- top of the organization. Data
of their community. ons. These people must believe must flow to the chief and the
May 2004 / 13
Appropriate Statistics
Compstat along, questioning the overhead projector, a projection book (a collated, printed version
commanders, helping devise so- screen, computers, and an ampli- of the activity occurring in the
lutions, ordering information for fication system. Each com- previous Compstat period nor-
the recap (outstanding issues re- mander should have printed cop- mally beginning on Monday at
quiring follow-up), and issuing ies (the Compstat book) of all of 12:01 a.m. and ending the fol-
censure when necessary. To the visual aids (e.g., charts, lowing Sunday at 11:59 p.m.,
achieve success, the facilitator graphs, and data). This ensures except for speciality divisions,
should understand patrol and in- that everyone can follow along such as narcotics and criminal
vestigative strategies, know how and remain attentive during the investigations, which extend
to interpret statistics, and pos- discussion. the period to 2 weeks to produce
sess analytical skills concerning a better trend analysis). 5
linking conditions, performance, Data Collection, Analysis, The Compstat book will vary
and outcome. and Presentation in size based upon the jurisdic-
Compstat, a process ground- tion and how each chief wishes
The Compstat Facility ed in data, begins with collect- to display the material. The best
The Compstat facility need ing, analyzing, and mapping guiding principle for designing
not be elaborate, merely large crime occurrences. Usually, the the Compstat book is whatever
enough to comfortably accom- person or unit designated to issues are prevalent must be
modate all of the required per- gather and collate FBI Uniform captured and made part of
sonnel and, preferably, guests. Crime Reporting (UCR) and per- the book. A typical Compstat
The room should have audiovi- formance data handles these book includes certain elements
sual capabilities, such as an tasks and prepares the Compstat for the Compstat period, with the
May 2004 / 15
detectives; sick time by priority code, number of residences (burglars, auto
precinct, tour, rank, and calls dispatched and self- thieves), and sex-offender
illness with ratio of sick to initiated, queue goals and registrants, that can help
well officers; investigations average queue time, and commanders identify a
and complaints against travel on-scene and service nexus between noncrime
personnel by division, times; and personnel griev- conditions and crime,
assignment, rank, sex, and ance by division, rank, and antecedents to existing
tour with ratio of investiga- category; problems, and who to
tions to complaints; over- • optional data, such as enlist to control them;
time by category, sorted by abandoned/unsecured • specialty commands, such
division; accidents with city buildings, vacant lots, as narcotics, traffic enforce-
vehicles by division, tour, confirmed gangland areas, ment, special investigations,
and contributing circum- “top ten lists,” truancy and and task force operations,
stances; response time by curfew violations, found with data depicting their
precinct and tour with property lists, offenders’ level of performance
Data Comparison
Diff. % +/-
Day to day One chart for each week of the Compstat period
Week to week Current week vs. Previous week +5 +3%
Month to month March 2003 vs. April 2003 -18 -27%
Quarter to quarter Jan, Feb, Mar vs. Apr, May, Jun +32 +44%
Half year to half year 1st 6 months vs. 2nd 6 months -63 -40%
Year to year 2002 vs. 2003 -27 -2%
Year to date January 1, 2003 to present date Aggregate
Last 12 months March 15, 2002 to March 14, 2003 Aggregate
Custom date Any time period (days, weeks, months, quarters, years, decades)
“
purposes. between crimes. They help
The best method of capturing trace the ways in which some
calls-for-service and incident- As a managerial [crimes] might have causal
influences on others, and,
report data involves a computer- function, Compstat depending on the strength of
aided dispatch (CAD) and a should appear at
records-management system the relationship, they enable a
the top of the [crime analyst] to make
(RMS). A robust CAD and RMS organization.
can produce most of the predictions. The measures of
association cannot, by them-
”
Compstat book at the touch of a
button. Otherwise, a data-entry selves, prove that two
clerk or crime analyst must enter [crimes] are causally related.
the details of every incident re- However, these techniques
port, arrest effected, summons Describing the Data can provide valuable clues
issued, case cleared, and other In displaying the informa- about causation and are
pertinent information into a tion, the first step involves therefore extremely important
spreadsheet or database to pro- describing the data so that for [commanders to test their
duce the reports. Essentially, readers can quickly understand beliefs about crime at certain
every piece of data to be pre- relevant information.6 Descrip- locations].
sented must be collated in an tive statistics give commanders For example, suppose a
easy-to-read format, organized a comprehensive overview of [crime analyst] was interested
in a logical order, and assembled how their command is faring in the relationship between
into a coherent book. (see Appropriate Statistics [calls for drug sales] and
Absent CAD or RMS re- chart). [aggravated assault
ports, each command must cap- The second type of de- shootings] and had gathered
ture the essential data elements scriptive statistics is designed the appropriate data. By
each week and report them to to help [commanders] under- calculating the appropriate
the designated person or unit stand the relationship be- measure of association, the
who arranges the style and tween two or more [crimes]. [crime analyst] could deter-
format of the book. Desktop These statistics are called mine the strength of the
software applications with a measures of association, and relationship and its direction.
suite of products, such as spread- they enable [crime analysts] Suppose the [crime analyst]
sheets, databases, and word pro- to quantify the strength and found a strong, positive
cessing programs all in one, direction of a relationship. relationship between these
May 2004 / 17
Figure 2
“
the spreadsheet and database ap-
(1995): 5-26.
plications that harness the raw 9
J.H. Ratcliffe, “The Hot-Spot Matrix:
data. Personnel simply can im- A Framework for the Spatio-Temporal
port the data into the mapping Descriptive statistics Targeting of Crime Reduction,” Police
program and run the reports to give commanders Practice and Research, 5 (2004); and as
create the desired maps.10 an unpublished paper presented at the 11th
a comprehensive International Symposium on Environmen-
CONCLUSION overview of how their tal Criminology and Crime Analysis/
The design and success of command is faring. ECCA, June 20, 2003, Cincinnati, OH;
retrieved on June 26, 2003, from http://
the Compstat model rests with www.jratcliffe.net/conf/Ratcliffe%20
”
the commitment level of the (2004)%20Hotspot %20matrix%20
final%20draft.pdf.
leaders of the law enforcement 10
The Police Foundation’s Crime
agency. They must sponsor and 4 Mapping Laboratory in Washington,
The crime control officer (CCO) is
champion Compstat to their em- a division/district-based position that D.C., can provide excellent technical
ployees. They also must ensure monitors crime trends and patterns on a and crime-mapping assistance. The
that all administrative details are daily basis. The CCO advises the com- foundation “is an independent and unique
resource for policing. The Police Founda-
handled effectively and effi- mander of conditions on a daily basis,
captures crime data, analyzes trends and tion acts as a catalyst for change and an
ciently to produce the most im- advocate for new ideas, in restating and
patterns, and makes recommendations on
portant aspect of the process: deployment strategies and tactics. reminding ourselves about the funda-
data collection, analysis, and 5
Some departments use a 2-week mental purposes of policing, and in
presentation. Next month, the Compstat period with a 1-week overlap for ensuring that an important link remains
intact between the police and the public
FBI Law Enforcement Bulletin all commands because they feel that this
they serve”; access the Police Foundation
will feature the final part of this improves the ability to gauge trends and
emerging patterns. at http://www.policefoundation.org. For
article in which the author will 6
J.F. Healey, Statistics: A Tool for additional crime-mapping resources, see
discuss the implementation and Social Research, 6th ed. (Belmont, CA: http://www.cslj.net/links/
adaptability of the Compstat Wadsworth, 2002). CrimeMapping.htm.
7
model. 8
Ibid., 8-9.
Paul and Patricia Brantingham have The author thanks his friend and
conducted work on the “geometry of colleague Chief Anthony F. Ambrose
Endnotes crime,” suggesting that “each offender of the Newark, New Jersey, Police
1
“Compstat
Jon Shane, “The Process,”
Compstat Process,” tends to be somewhat lazy, sticking close Department for his inspiration and
FBI Law Enforcement
Enforcement Bulletin,
Bulletin,April
April to known places and routes” in Marcus insight concerning this article.
2004, 12-21. Felson, Crime and Everyday Life, 2d ed.
May 2004 / 19
Book Review
Wanted:
Book Reviews
May 2004 / 21
Perspective
The Need for School in the mid-1990s mandated school districts to
Resource Officers take specific disciplinary actions for weapon
By Mark D. Benigni, Ed.D
violations. In 1995, Connecticut legislators
expanded the definition of a student possessing a
deadly weapon. As a result, these changes have
“
school- and community-related
The Study service projects to acquaint
After I interviewed SROs ...respondents themselves with students and
and surveyed school superin-
tendents, police supervisors,
principals, and SROs from 10
communities, my results
“ believed that school
police officers offer
the most effective
school violence
assist school administrators
with discipline. Additionally,
SROs should meet with the
in-school suspension group
showed that the SRO helps prevention program. during the day for a period of
provide a safe environment in group law-related counseling.
”
today’s public high schools. In Students are less likely to get
particular, respondents believed in trouble if they understand
that a qualified SRO provides and appreciate the conse-
law enforcement, as well as law-related, counsel- quences of their behavior beforehand.
ing and teaching. All respondents in the study SRO programs offer an opportunity for school
perceived that SROs fill an important role in their officials to proactively protect their schools and
schools and all students can benefit from their improve their educational environment. School
presence. The community case studies revealed administrators should encourage parents to
that the role of the SRO and the support for the volunteer for community events, attend demon-
SRO does not vary between cities or towns or strations and workshops about neighborhood
affluent or economically deprived communities. safety and current activities, and watch for signs
While my research noted the importance of of trouble. Although SROs are the only individu-
SROs functioning as law enforcement officers in als in the school setting who have the authority
their schools, it did not address the SRO’s role in and ability to make arrests, an SRO’s primary
daily discipline. Disciplining high school students purpose is to deter students from trouble and
has become increasingly difficult. School admin- encourage them to be active, positive participants
istrators hire assistant principals and deans of in their school communities.
students to address daily discipline needs. Ac- My research revealed the need for the school,
cording to one poll of the public’s attitudes police, and parents to work together to prevent
toward public schools, violence, gangs, and a school violence, and the SRO proves an impor-
lack of discipline are schools’ biggest problems.3 tant link between the three entities. Schools
Seventy-five percent of respondents believed that reflect society; if crime is occurring on the street,
school police officers offer the most effective it also is happening in schools. Tragedies like
May 2004 / 23
Columbine can happen at any school; therefore, all-encompassing approach to student alienation
concerned citizens should take the necessary and school safety has become necessary.
proactive measures to include an SRO on their For many communities, school resource
school staff. officer programs constituted the first time schools
Data also revealed the need for police person- and police worked collaboratively to improve the
nel to see the SRO’s role in a new light. SROs quality of life in their neighborhoods. Educational
are community police officers who work in the professionals must realize that community agen-
school community. With this new setting comes cies, including law enforcement, often can offer
unique responsibilities and duties. “Having an expertise in many areas, including teaching and
officer in school can be a useful safety tool and counseling. Educators and police personnel must
offer a sense of security, but I think it’s essential view and use SROs as a resource because when
that the cops be trained to work they share their knowledge and
7
with children.” As a law expertise, students receive the
enforcement officer, law-
related counselor, and law-
related educator,8 SROs be- “ SRO programs offer
best possible services and
strengthen communities.
SRO programs present an
come proactive participants
in community efforts to ensure
safe and orderly schools.
Selected officers should col-
“ an opportunity for
school officials to
proactively protect their
schools and improve
opportunity for schools to open
their doors to other community
agencies and professionals.
Law enforcement administra-
laborate with school adminis- their educational tors and educational leaders
trators to create secure envi- environment. face the challenge of continu-
ronments in which teachers can
teach and students can learn.
Educators and law enforcement
personnel both maintain control of people and
” ing to search for creative
methods of collaboration with
other social systems in their
communities. We must ensure that our students
situations by enforcing rules/laws to keep our remain in school programs and stay out of
society (school or community) in order. Teachers trouble—effective SRO programs prove a viable
and SROs can teach collaborative lessons on means to accomplish this feat.
topics from the Bill of Rights to the importance
of physical fitness; together, they can coach Endnotes
athletic teams and head school clubs as well. 1
For more information on Edward E. Ford’s Responsible
Conclusion Thinking Process, visit http://www.responsiblethinking.com.
2
Ibid.
The growing number of SRO programs 3
The 28th Annual Phi Delta Kappa/Gallup Poll of the Public’s
indicates that communities are searching for Attitudes Toward the Public Schools, retrieved on July 15, 2003,
effective methods to maintain secure schools from http://www.pdkintl.org/kappan/kpoll285.htm.
and curb student violence. Deterrents, such as 4
Youth Violence in Connecticut Schools, The Connecticut
metal detectors and security guards, have proven Association of Schools Bulletin, May 1999.
5
insufficient in dealing with students who feel Dr. Steven Berkowitz “What Role for Cops in School?”
Record-Journal, December 28, 1999, 11.
alienated from their peers or adults or in prevent- 6
Center for the Prevention of School Violence.
ing intruders from disrupting schools. Boards 7
Supra note 5.
of education are realizing that a more long-term, 8
Supra note 6.
Hiding
in Plain Sight
A Peek into the
Witness Security Program
By DOUGLAS A. KASH, J.D.
© Mark C. Ide
I
n mid-July 2003, a fisher- members in jail, and word soon member were faced with a di-
man on the Shenandoah spread that she was an informant, lemma—using her unsworn
River in Northern Virginia which caused her to be “green- statements may violate the Sixth
found the body of Brenda lighted,” or targeted for murder Amendment guaranteeing a de-
“Smiley” Paz. She was an intelli- by fellow MS-13 gang mem- fendant the right to cross-exam-
gent, energetic 17-year-old who bers.3 Paz entered the Witness ine the witness. Prosecutors
was 17 weeks pregnant and a Security Program (Program) in availed themselves of this highly
former gang member.1 She had March 2003, but, due to the lure unusual tactic by arguing that
an “encyclopedic knowledge” of of gang life, Paz voluntarily left Denis Rivera, Paz’s former boy-
Mara Salvatrucha (MS-13), a the Program in June. Within 3 friend and member of MS-13,
violent Salvadoran gang, and weeks, her body was found in the may have ordered Paz’s execu-
educated investigators of its his- river.4 tion.5 Rivera was facing a murder
tory, structure, and operations.2 Prosecutors wanting to use trial in which the victim was
Paz knew her only viable way her testimony in the September stabbed several times, his head
out of MS-13 was to help put its 2001 murder of a rival gang nearly severed, and his throat
May 2004 / 25
“
the Program, including the iden-
tities of the protectors and wit-
The U.S. Supreme nesses, specific names and loca-
Court’s position on tions cannot be discussed in this
the constitutionality article. Indeed, no agency, entity,
of identification of or person associated with the
protected witnesses Program is permitted to release
began in 1931.... any information concerning spe-
cific operations of the Program
”
Mr. Kash serves as a senior attorney for the DEA in Arlington, Virginia, and
represents the United States in actions filed by confidential informants.
and its participants.9 With lim-
ited exceptions, release of Pro-
gram-related information, in-
cluding that which pertains to
current or former protected wit-
nesses, even to that very witness,
and esophagus removed.6 The September 11, 2001. The U.S. is prohibited except at the writ-
prosecution argued that because Department of Justice, Criminal ten direction of the director of
Rivera allegedly was involved in Division, Office of Enforcement the Program, the attorney gen-
the witness’ (Paz) execution, he Operations (OEO) oversees the eral, or the assistant attorney
cannot use the protection guaran- Program. The U.S. Marshals general.10
teeing him the right to examine Service (USMS) administers the
Paz. On October 7, 2003, the day-to-day operation of the Judicial Protections
judge ruled that Paz’s state- Program for witnesses relocated Somewhat ironically, the
ments, through the recollection in the community and the Fed- need to provide for the safety of
of the court appointed guardian, eral Bureau of Prisons adminis- witnesses results from the con-
ad litem (for purposes of the suit) ters the day-to-day operation of stitutional protections afforded
can be used, though the court had the Program for witnesses who criminal defendants. The Sixth
not determined other issues, such are incarcerated. Amendment of the U.S. Consti-
as relevancy.7 On November 20, Traditionally, the Program tution provides, in part, that “in
2003, Rivera and a fellow gang has been used to protect wit- all criminal prosecutions, the ac-
member were convicted of mur- nesses and their families in cases cused shall enjoy the right…to
der and later sentenced to life in involving organized crime, nar- confront the witness against
prison.8 This case demonstrates cotics, motorcycle gangs, prison him….” Such protections were
not only the necessity of the gangs, and public corruption. extended by the U.S. Supreme
Program but the real dangers Due to the September 11 attacks Court to defendants in state
facing those who choose to leave and the consequent investiga- prosecutions through the Due
its protective umbrella. tions into domestic and interna- Process Clause of the Fourteenth
The Program, also some- tional terrorist groups, people Amendment. Some states re-
times referred to as WITSEC with pertinent terrorist-related quire prosecutors to identify ev-
or the Witness Protection information have undoubtedly eryone “known by the govern-
Program, is one weapon in considered availing themselves ment [who has] knowledge of
the war on crime that has taken of the protection this Program the relevant facts, while other
even greater significance since offers. Due to the sensitivity of states limit such disclosure only
“
identities. witness residential information
The U.S. Supreme Court’s as long as the witness is provid-
position on the constitutionality In federal courts, ing important information.21
of identification of protected Beyond judicial protection,
as a general rule, there is one notable statutory
witnesses began in 1931 with
its review of Alford v. United if the informant’s protective shield known as the
States13 in which the defense was identity is federal Victim and Witness Pro-
denied the opportunity to ques- essential or even tection Act of 1982, which pro-
tion the witness at his residence. relevant, it must vides for the punishment of any-
The Supreme Court opined, be provided. one who tampers with a witness,
without consideration of the wit- victim, or informant.22 This pro-
”
ness’ safety, that the defense tection begins from the reporting
must be able to place the witness stage of a crime to the conclusion
in his environment and that safety of the witness.”17 Al- of the trial testimony. All U.S.
“prejudice ensues from a denial though Justice White’s notation citizens inherit a legal obligation
of the opportunity to place the to a witness’ safety appears to be to provide testimony in criminal
witness in his proper setting and the first time this specific issue and civil proceedings, and the
put the weight of his testimony was raised, since that time, the U.S. Supreme Court has held
and his credibility to a test, with- balance between the need to that not even the fear of death
out which the jury cannot fairly protect a witness’ identity and can obviate this requirement.23
appraise them.”14 the right to confront a witness in Despite the chance that harm
In the next true test of this court has been considered by could result from such testi-
issue, the lower court, in Smith v. many federal and state courts and mony, the government does not
Illinois,15 refused to force the state legislatures. have any legal obligation to pro-
revelation of a witness’ true In federal courts, as a general vide any level of protection to a
identity. Upon appellate review, rule, if the informant’s identity iswitness.24
the U.S. Supreme Court stated essential or even relevant, it
that “the witness’ name and ad- must be provided.18 To refute Policies and Statutory
dress open countless avenues of this, the government must estab- Provisions
in-court examination and out-of- lish the existence of an actual Since the creation of the Pro-
court investigation…[forbidding threat.19 Similarly, New York gram by the Organized Crime
May 2004 / 27
Control Act of 1970 25 and witness would be eligible for application for such assistance.34
amended by the Comprehensive relocation consideration, the Once the witness is authorized to
Crime Control Act of 1984,26 OEO has received all of the in- participate in the Program, the
more than 7,500 witnesses and formation necessary to make a prosecutor must contact the
9,500 family members have been determination that the witness is OEO to arrange the appearance,
afforded protection, which in- essential to a significant pros- date, time, place, and anticipated
cludes establishing new identi- ecution and is endangered as a duration of appearances for all
ties in new locations.27 The attor- result, and no other alternative case-related matters. All pretrial
ney general has the sole authority exists but to enter the Program.32 conferences and briefings in-
to admit witnesses and their im- During the preliminary inter- volving witnesses in the Pro-
mediate families into the Pro- view, the witness will be given a gram are conducted at neutral
gram.28 Although many parts of general explanation of the ser- sites determined by the USMS
the governing statute and poli- vices provided in the Program.33 after OEO approval.35
cies refer to the attorney © PhotoDisc
For example, one federal in-
general’s authority, this author- vestigative agency, the DEA,
ity has been delegated by the at- recognizes two levels of protec-
torney general and is exercised tive status in the Program.36 Un-
by the senior associate director der the “Full Program Services,”
of the OEO who has been desig- name changes and relocations
nated the director of the Witness are provided for the witness and
Security Program and, in his ab- his family. The less often used is
sence, the director of the OEO.29 the “Special Limited Service”
While investigative agencies that was developed for foreign
maintain polices regarding the nationals who face deportation
use of the Program,30 the govern- and a threat in their own country.
ing policy is promulgated by Although this does not provide a
the OEO and can be found in new identity to the witness, it
the U.S. Attorney’s Manual suspends deportation proceed-
(USAM) 9-21.000 et seq. For Each investigative agency, ings against the witness.
time-critical situations involving whether federal, state or local, Prior to requesting a wit-
imminent danger where the in- must submit its initial request for ness’ admission into the Pro-
vestigative agency cannot pro- placing a witness into the Pro- gram, an investigative agency
vide the necessary security, the gram to the OEO. The investiga- must consider several issues. For
USAM sections 3-7.340 and 9- tive agency first must request example, the DEA sets forth the
21.220 provide guidance con- such assistance through the U.S. following criteria:
cerning the Emergency Witness Attorney’s Office for the district
• The witness must be an
Assistance Program and authori- in which the investigative activ-
ity is to occur or, alternatively, established (registered and
zation procedures for emergency
Program protection.31 Typically, where charges against the target vetted) DEA Confidential
Source of Information
Program protection will be au- will be filed. The U.S. Depart-
ment of Justice, Criminal Divi- before entering the Program.
thorized only after the USMS
has completed a preliminary in- sion Section Chiefs/Office Di- • The witness’ anticipated
terview to determine whether the rectors, also can submit an testimony must be essential
“
• The witness must accept all • significance of the antici-
security precautions (includ- pated testimony;
ing a name change) man- • whether the need for the
dated by the USMS. State and local
agencies can request testimony outweighs the risk
• The witness cannot have any of danger he or his family
outstanding criminal
that a witness (and poses to the public;
charges against him. his family) involved
in an organized • any child custody issues and
• The witness understands criminal activity or history of spousal abuse;
that the Program is designed and
to make him legally
other serious offense
be placed into the • the witness’ income and the
self-sufficient.37 Program’s impact on this
The first step that an investi-
Program.
income.41
”
gative agency must undertake to There was a time when
request a witness for the Pro- courts held that “witness protec-
gram is to work with the pros- tion statutes contemplate only
ecuting U.S. Attorney’s Office • details of any direct or the protection of witnesses and
on completion of an OEO Wit- potential threats to the their families—not protection of
ness Security Unit application. witness or his family; and the public from the witnesses.”42
The application includes the an- The Witness Security Reform
ticipated witness testimony and • specific biographical infor- Act of 1984 changed this posi-
its necessity to a successful pros- mation as to the defendants,
the witness’ associates and tion by requiring the attorney
ecution, the witness’ cooperation general to consider the danger a
and criminal history, the threat family members, and those
who represent a threat to the protected witness poses to the
posed to the witness, and the risk relocation community.43 Once
the witness (and his family) may witness.40
the assessments are completed,
present to a new community.38 A risk assessment also is
the DEA Chief of Operations
The application is submitted to required and must address the Management forwards the report
OEO by the U.S. Attorney’s Of- following issues: to the OEO.44 DEA agents do not
fice.39 The investigative agency • significance of the investiga- have to prepare a risk assessment
also must prepare a threat as- tion or case in which the for an incarcerated witness un-
sessment to be sent to OEO. This witness is cooperating; less that witness will remain in
report includes— • possible danger the witness the Program after his release.
• a synopsis of the investiga- and his family poses to the However, all persons who may
tive records; new relocation community; pose a threat to the prisoner/
May 2004 / 29
witness must be identified and moving expenses from the crime results in death or serious
their biographical information previous residence, basic living bodily injury) to the victim or
provided to the USMS or the expenses, job search assistance, estate of the victim for medical
Federal Bureau of Prisons.45 and any other services to assist and funeral costs and loss of
In addition, the USAM re- the person to become legally wages.53 Before such payment is
quires the attorney general to self-sufficient.50 The USMS also made, however, the victim must
consider a psychological evalua- covers the costs (travel, housing,have tried to secure restitution
tion of the witness and all family meals) incurred when a witness and compensation under avail-
members to be relocated who are is scheduled to appear for trial or
able federal and state civil rem-
18 years of age or older.46 The briefings. For those Program edies.54 Any recovery, including
USAM also mandates that any witnesses who are entitled to re- insurance payments, may pre-
witnesses entering the Program ceive rewards for their participa-clude or mitigate compensation
will be required to satisfy any tion, the investigative agency under the Victims Compensation
known debt or judgment and all Fund.
“
outstanding criminal and civil Recently, Senator Charles
obligations (i.e., fines, restitu- Shumer (D-NY) introduced
tion).47 For those persons already legislation creating a “Short-
in the Program, however, the Despite a U.S. Term State Witness Protection
governing statute only requires population of Service” within the USMS.55
the attorney general to “urge the approximately 280 This new unit would be created
person to comply with the [civil] million people, covertly to provide protection for wit-
judgment (emphasis added).”48 relocating a person nesses in state and local trials
In the event the person does not and his family...is not involving major violent crimes.56
undertake reasonable efforts to an easy task. The legislation also would pro-
satisfy the judgment, the attorney vide grant money to state and
”
general has the discretion, after local prosecutors whose states
considering the danger posed had at least 100 murders per year
and at the request of a plaintiff must submit a report, with the during the previous 5-year
seeking civil relief, to release the concurrence of the prosecutor, to period.57
person’s identity and location to the USMS Witness Security Pro-
the plaintiff, enabling the plain- gram or Bureau of Prisons, In- State and Local
tiff to attempt to recover under mate Monitoring Section, along Agency Usage
the judgment directly. The stat- with the payment.51 State and local agencies can
ute also provides that the United Not all Program participants request that a witness (and his
States and its officers are exempt conduct themselves in a legal family) involved in an organized
from any liability resulting from manner. In certain situations in criminal activity or other serious
this disclosure.49 which a participant commits a offense be placed into the Pro-
The attorney general, crime, a Victims Compensation gram. The initial request is trans-
through the USMS, can provide Fund has been established for mitted to the U.S Attorneys Of-
the necessary support to all per- victims of those crimes.52 The fice which, after its own review,
sons in the Program. Such sup- OEO, as delegated by the attor- forwards the request to the OEO,
port includes new identities ney general, may make restitu- with its endorsement.58 The wit-
and documentation, housing and tion or compensation (if the ness’ placement is predicated on
May 2004 / 31
12
Id. danger a witness or his family may
13
282 U.S. 687 (1931). See also
Demeleitner, supra note 11, at 643.
present to the community. Id. at 9-21.330.
39
USAM 9-21.100 and DEA Special
Wanted:
14
Id. at 692. Agents Manual § 6612.82.B. Photographs
15 40
390 U.S. 129 (1968). DEA Special Agents Manual §
16
Id. at 131. 6612.82.E.1.
17 41
Id. at 133-34. (White, J., concurring). Id. at § 6612.82.E.2.
18 42
Roviaro v. United States, 353 U.S. Taitt v. United States, 770 F. 2d 890
53, 60-61 (1957). at 894 (10th Cir. 1985), citing Bergmann
19
Demeleitner, supra note 11, at 652. v. United States 689 F.2d 789 (8th Cir.
See 28 C.F.R. § 16.26(b)(4)(2003), the 1982).
43
agency and the informant must consent to 18 U.S.C. § 3521(c)(2003).
44
the disclosure. Note that typically mere DEA Special Agents Manual §
“tipsters” would not have their identities 6612.82.E.
45
revealed. Id. at § 6612.82.F.
20
Id. citing People v. Stanard, 365
N.E. 2d 857, 863 (NY 1977).
21
46
47
48
USAM 9-21.330.
USAM 9-21.100.
T he Bulletin staff is
always on the lookout
for dynamic, law enforce-
Id. citing Friedman, Annotation, 18 U.S.C. § 3523 (a)(2003).
Right to Cross-Examine Witness As to His 49
Id. ment-related photos for
Place of Residence, 85 A.L.R. 3d 541, 50
18 U.S.C. § 3521 (2003). possible publication in the
569-70 (1978 and Supp. 1997). 51
USAM 9-21.910 and 9-21.920. magazine. We are interested
22
18 U.S.C. § 1512 (2003). 52
18 U.S.C. § 3525 (2003). in photos that visually depict
23
Piemonte v. United States, 367 U.S. 53
Id. at § 3525(a) and USAM 9- the many aspects of the law
556, 559 (1961). 21.1020. enforcement profession and
24 54
Piechowicz v. United States, 885 Id. at § 3525(d). illustrate the various tasks
55
F.2d 1207 (4th Cir. 1989). S. 1982, 108th Cong. 1st Sess. law enforcement personnel
25
Organized Crime Control Act of (December 9, 2003).
56 perform.
1970, Pub.L. No. 91-452, 84 Stat. 938. Id. at § 570 (a).
26
Witness Security Reform Act of 57
Id. at § 570 (b). We can use either black-
1984, Pub.L. No. 98-473, 98 Stat. 1837 58
USAM at 9-21.140. and-white glossy or color
(1984). 59
18 U.S.C. § 3521(a)(1)(2003). prints or slides, although we
27
Retrieved on October 16, 2003, from 60
18 U.S.C. § 3526(b)(1)(2003). prefer prints (5x7 or 8x10).
http://www.usmarshals.gov/factsheets/ 61
USAM at 9-21.140. We will give appropriate
62
witsec. Neely Tucker, “Girl’s Slaying Opens credit to photographers when
28
18 U.S.C. § 3076 (2003). Window on Intimidation,” The Washing- their work appears in the
29
18 U.S.C. § 3521(d)(3)(2003). See ton Post, February 2, 2004, sec. A, p. 1 magazine. Contributors
also USAM 9-21.200 (citing A.G. Order and 10.
63 should send duplicate, not
No. 1072-84). H.B. 571, 2004 Sess., S.B. 321,
30
See e.g., DEA Special Agents Manual 2004 Sess. (VA 2004). original, prints as we do not
§ 6612.82. 64
H.B. 263, 418th Sess. (MD 2004), accept responsibility for
31
See also 18 U.S.C. § 3521(e)(2003). S.B. 181 and 185, 418th Sess. (MD damaged or lost prints. Send
32
USAM 9-21.100, 9-21.300, 9- 2004). photographs to:
21.330, 9-21.400.
33
USAM 9-21.300. Law enforcement officers of other
Art Director
34
USAM 9-21.400. than federal jurisdiction who are
35 interested in this article should
FBI Law Enforcement
USAM 9-21.700. Bulletin, FBI Academy,
36
DEA Special Agents Manual § consult their legal advisors. Some
police procedures ruled permissible Madison Building,
6612.82.H.
37
Id. at § 6612.82.A. under federal constitutional law are Room 201, Quantico,
38
USAM at 9-21.100. A psychological of questionable legality under state VA 22135.
profile will be conducted to assess the law or are not permitted at all.
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.
Official Business
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