Professional Documents
Culture Documents
Volume 72
Number 5
United States
Department of Justice
Federal Bureau of Investigation
Washington, DC 20535-0001
The FBI Law Enforcement Bulletin Grant Proposal 12 agencies can improve their prospects
for obtaining much-needed funds.
(ISSN-0014-5688) is published By Jon M. Shane
monthly by the Federal Bureau of
Investigation, 935 Pennsylvania
Avenue, N.W., Washington, D.C. Given the large number of anonymous
20535-0001. Periodicals postage paid Police Response to
at Washington, D.C., and additional
mailing offices. Postmaster: Send
Anonymous Emergency Calls 23 emergency calls received by the police,
it is critical that law enforcement be
address changes to Editor, FBI Law By Michael L. Ciminelli prepared to respond to them effectively
Enforcement Bulletin, FBI Academy,
Madison Building, Room 209, and lawfully.
Quantico, VA 22135.
Editor
John E. Ott
Associate Editors
Cynthia L. Lewis Departments
David W. MacWha
Bunny S. Morris
Art Director
Denise Bennett Smith 5 Crime Data 10 Bulletin Reports
Assistant Art Director
Stephanie L. Lowe
U.S. Correctional Population Criminal History
Staff Assistant
Improvement Program
Linda W. Szumilo 6 Focus on Police-Community Mediation Programs
Relations Public Safety Officers’
This publication is produced by
members of the Law Enforcement
The MAPS Program Programs
Communication Unit,
Training Division. 9 Unusual Weapon 22 Book Review
Internet Address
Handmade Blowgun Surviving as a Law
leb@fbiacademy.edu Enforcement Executive
Cover Photo
© Greater Orlando Aviation Authority
W
eapons of mass destruc- contain numerous articles and in- PREPAREDNESS
tion (WMD) pose a formation on this topic, and new AND RESPONSE
threat to the American sources appear daily. However,
public and have become an issue of with all of this activity, the civil Assessment
national importance. Law enforce- aviation community1 only recently Biological weapons are natural
ment and public health agencies at has begun planning WMD-driven organisms or diseases used in a
the local, state, and federal levels contingencies. On both airport and harmful or destructive manner (e.g.,
recently have begun to examine and air carrier levels, many issues re- smallpox, anthrax, and Ebola).
upgrade their response capabilities. main unresolved, and several Many countries and terrorist groups
New organizations tasked with hurdles lie ahead. The civil aviation have the capability to mass produce
combating the threat, such as the community will continue to prepare lethal viruses and distribute them
Department of Homeland Security, for and combat WMD threats, but throughout the human population.
have surfaced and started organiz- law enforcement and public health This creates a serious threat to the
ing their resources. Today’s litera- agencies also must pool their re- American public’s freedom and
ture and media, especially in the sources to fend off the most likely safety. Although the civil aviation
wake of September 11, 2001, WMD threat: biological weapons.2 community is starting to assess
May 2003 / 1
threats of WMD and biological directed against the United States.3 traveling to the United States, even
weapons with its own resources, it Some of these threats most likely though the woman did not continue
typically has relied on the research will involve WMD and could target with the plane from Montreal to
and resources of law enforcement the civil aviation community. Fur- New York. The woman had no in-
agencies. Nationally, the FBI, the thermore, the pervasiveness of the tention of transporting the biologi-
Federal Emergency Management U.S. civil aviation presence in the cal pathogen to the United States,
Association (FEMA), the Depart- world, combined with the vulner- but she created an incident that
ment of Defense (DoD), and a mul- able state of aviation preparedness could have proven fatal for many
titude of other organizations always to combat and respond to biological people.4 The emergence of new and
have identified groups likely to use attacks, creates a significant risk to more virulent strains of disease
WMD and will continue to do so airports, air carriers, and the Ameri- around the world increases the
with a sense of urgency after terror- can public. probability of civil aviation in-
ists utilized civil aviation to destroy Biological pathogens exacer- volvement in a biological event. Al-
the World Trade Center and dam- bate this risk. Incidents involving though not predictable and not as
age the Pentagon. Although the biological pathogens may arise that serious a threat to the American
United States remains one of the terrorists have not initiated. These public as WMD, these situations
world’s countries most threatened incidents may happen randomly and deserve attention from the civil
by WMD, it needs cooperation with no foul intentions. For ex- aviation community.
from other countries in investigat- ample, a Canadian woman on a
ing and arresting elusive terrorists. plane flying from Congo to Crisis Management
The United States has emerged Montreal, which then proceeded to The FBI has been designated
as the world economic and techno- New York, began exhibiting signs the lead agency for crisis manage-
logical power while fragmentation of hemorrhagic fever. The Ebola vi- ment response to threats or acts of
tears apart other regions of the rus, foreign to American soil and terrorism. FEMA and other federal
world. As fragmentation creates lethal to humans, induces hemor- agencies will provide direct support
conflict and countries choose sides, rhagic fever, which is an airborne upon request.5 If WMD are in-
the resulting instability increases disease. It could have infected the volved, the FBI may request a do-
the likelihood of asymmetric threats airplane staff or other passengers mestic emergency support team to
provide expert advice and assis-
tance to the FBI on-scene com-
mander. FEMA’s deployment of a
“ At the airport
level, partnerships
must be formed with
team will take time, however. In the
interim, the local airport will man-
age the crisis according to proce-
dures, which typically include the
activation of the emergency opera-
local, state, and tions center (EOC) and, possibly, a
federal law mobile command post. Airports and
enforcement and air carriers have experience provid-
ing support in crisis situations, and
public health they know what kind of resources
entities.
”
law enforcement agencies will
request.
When a WMD incident occurs,
Mr. Raffel, a former security manager for the Federal Aviation the rules change. Generally, com-
Administration, now serves as the senior director for public
safety at the Orlando, Florida, International Airport. plex biological attacks have lacked
association with civil aviation
May 2003 / 3
management transitions to conse- responsibilities also exist for civil defend against such threats? The
quence management when a hi- aviation. Record keeping, espe- aviation community only recently
jacked plane has been brought cially in the wake of a biological began trying to answer these ques-
down or when a bomb explodes. event, becomes critical. Following tions and explore various options.
The FBI manages the crisis while in the arrival of the aforementioned
CONCLUSION
progress, and FEMA handles the plane from Congo and its Canadian
aftermath and coordinates the clean passenger who was exhibiting signs Within the foreseeable future,
up. While the consequence manage- of the hemorrhagic virus, the CDC biological attacks against the
ment roles of the federal agencies, failed to obtain information on the United States and its interests are a
firefighters, and local health au- individual from the airline. As a re- distinct possibility. The events of
thorities tend to be organized and sult, the CDC has begun working September 11, 2001, and the result-
frequently exercised, experts with the aviation industry to deter- ing anthrax cases prove that this
scarcely have studied the response mine ways of retrieving information threat against the United States
to biological incidents within the when necessary.8 More complete remains real. Because of the histori-
framework of civil aviation. All and archived passenger information cal use of civil aviation as a terrorist
levels of authority have learned, will benefit the mitigation of a target, the aviation industry is at
however, that WMD incidents in- WMD incident. high risk. This risk becomes
volving civil aviation demand Air carriers should examine even greater when investiga-
unique procedures. their procedures and capabilities tors consider the accidental
Response to a WMD plight al- regarding WMD threats. The devas- (nonterrorist) possibilities.
ways has life safety as the first pri- tation brought on by biological at- At present, civil aviation re-
ority. Therefore, the response falls tacks might be susceptible to air mains ill-prepared to deal with
primarily in the hands of local carrier countermeasures. In what these types of events. At the airport
firefighters, in concert with FEMA ways are aircraft vulnerable to level, partnerships must be formed
and other appropriate federal and biological attacks? In what ways with local, state, and federal law
local assets. However, follow-up can airlines reconfigure airplanes to enforcement and public health enti-
ties. Agencies must examine their
© Greater Orlando Aviation Authority
standard operating procedures for
conformity and consistency. Air-
ports also must practice their re-
sponses to WMD threats. Tabletop
exercises should lead into planning
for full-scale exercises. Air carriers
also have a role in defending against
these types of incidents beyond
their involvement in exercises. Air-
plane crew training should include
information about WMD. Person-
nel should know what procedures to
follow if a biological event occurs.
Furthermore, airlines should de-
velop and implement means to as-
sist with passenger tracking after
the conclusion of flights.
Finally, the entire civil aviation
community (e.g., air carriers, air-
ports, Federal Aviation Administra-
tion, and Transportation Security
Crime Data
T he U.S. Department of Justice’s Bureau of Justice Statistics (BJS) has announced that the adult U.S.
correctional population reached a record of almost 6.6 million men and women at the end of 2001.
This was an increase of 147,700 people from December 31, 2000.
At the end of 2001, about 3.1 percent of the nation’s adult population, or 1 in every 32 adult
residents, were on probation or parole or were held in a prison or jail. The adult probation population
grew 2.8 percent during 2001, an increase of 106,542 probationers. The nation’s parole population
increased by 1 percent in 2001, or by 7,249 men and women.
Approximately 3 out of 4 probationers were under active supervision and were required to
regularly report to a probation authority in person or by mail or telephone. An estimated 53 percent of
all probationers had been convicted of a felony, 45 percent of a misdemeanor, and 1 percent of other
infractions, according to a BJS probation and parole bulletin. Approximately 25 percent were on
probation for a drug law violation and 18 percent for driving while intoxicated.
Of the almost 2 million adults discharged from probation in 2001, more than 3 out of 5 suc-
cessfully met supervision conditions. About 13 percent were reincarcerated because of a violation of
parole conditions or a new criminal offense.
The bulletin, Probation and Parole in the United States, 2001 (NCJ 195669) was written by
BJS statistician Lauren E. Glaze. Single copies may be obtained by calling the BJS Clearinghouse at
1-800-732-3277 or by accessing http://www.ojp.usdoj.gov/bjs/abstract/ppus01.htm.
May 2003 / 5
Focus on Police-Community Relations
indicated that satisfied people tell their stories of
police contact to at least 3 other people, whereas
dissatisfied individuals will tell, on average, 10 others
about a negative experience with the police.
COMPONENTS
Marketing consists of understanding, creating,
communicating, and delivering services to obtain
members’ satisfaction. Adding each of these compo-
nents together creates a marketing plan for success.
Departments must understand the makeup of their
communities, as well as the needs and expectations
that citizens have of their police services. Knowing
the diversity of the service population (e.g., age and
Marketing Available national origin) helps agencies define who they serve.
Even understanding who passes through the commu-
Police Services nity at different times of the day can help determine
The MAPS Program what public safety needs exist. For example, if a
By Mark Fazzini community has a high school population of 1,500
students who come from many different neighboring
© Dee Zillmer communities, law enforcement must consider provid-
May 2003 / 7
valuable tool for reaching out to the community The Marketing Staff
and beyond.
With any marketing effort, only employees with
Marketing Alliances a positive attitude should reach out to the community
Small departments often face difficulties when and customers. To select someone for marketing
offering services that take a significant amount of efforts who does not express an interest in working
resources, but they may find that collaboration with with people can result in disaster. In fact, selecting
other departments can result in an attractive solution the wrong officer can create the opposite of the
to the problem. Businesses consider this collaboration department’s intended effect and, possibly, lead to a
as creating marketing alliances. One such service is negative impression about the department and its
the formation of a citizen police academy (CPA) that employees.
residents attend for several weeks to learn how police Regardless of rank, those officers who have
operations work in the commu- positive attitudes, enjoy public speaking, can think
2
nity. Combining resources and on their feet when asked questions,
staff efforts from one or more and present a positive appearance
for the department prove ideal
departments can make this service
become a reality. Members of each
participating department’s commu- “ Once agencies
candidates to work on marketing
efforts. Adding bilingual staff to
“
nity should have the opportunity to the resource bin also can help
define their service departments. Many parts of the
attend the CPA. population, they country are experiencing a growth
The Management Perspective must survey their of minority groups; therefore,
For any MAPS plan to suc-
communities’ needs. reaching out to them only en-
ceed, it must have support from hances a department’s marketing
efforts.
upper management, from the chief
of police to the command staff.
Supervisors should mandate that
their line officers deal with everyone with a customer
it must
”
remain one
will
police
in
Finally, while criminals
not consider contact with the
which
as a positive experience,
officers treat them fairly
service approach; they should treat everyone with
respect and dignity, even during arrests. and with respect. This approach reduces complaints,
No marketing plan can be successful without results in fewer lawsuit-related legal expenses, and,
appropriate financial support. Therefore, departmental possibly, brings more cooperation from arrestees.
management support can help ensure that financial CONCLUSION
resources, through the budget process, are focused
toward marketing efforts. The marketing available police services plan
In addition to concentrating on quality services, focuses on providing citizens with a positive experi-
managers must use internal marketing strategies and ence. The concept can constitute an important compo-
train all employees who interact with the public to nent to improving and maintaining the image of a
deliver quality customer service. Departments also police department. For the marketing plan to be
must have a good service recovery plan, which effective, agencies must understand, create, communi-
focuses on turning a complainant into a contented cate, and deliver their services to community resi-
customer. dents. Additionally, managers can use various tools in
Police administrators should take advantage of their marketing mix, such as the use of technology,
every opportunity to become a willing participant in collaboration with other agencies, and the appropriate
local law enforcement and community organizations. selection of staff members.
Joining committees and participating in community While preventing and solving crimes is the
groups increases the department’s exposure and mainstay of every police agency, knowing what
contacts. community members expect beyond crime solving,
Unusual Weapon
Handmade Blowgun
May 2003 / 9
Bulletin Reports
May 2003 / 11
© PhotoDisc
Writing a Winning
Grant Proposal
By JON M. SHANE
May 2003 / 13
the caller actually means. Once the before, finally, making the award experiences to using the knowledge
department receives the RFPs, it announcement. of others. Therefore, grant writers
can digest the individual programs Whatever the process, the grant should consider conducting inter-
and determine whether funding is development team should not be- views. First, they should define
applicable. come discouraged. The rewards, the purpose of the interview. After
both personal and organizational, preliminarily researching the
LIFE OF A GRANT are tremendous. A great sense of topic, they should select potential
The life of a grant begins with accomplishment occurs when the interviewees, targeting those at the
the decision to apply for funding. team submits the final draft request top (e.g., executives, administra-
Usually, a member of the command and receives the award letter con- tors, division heads, section chiefs,
staff or the chief executive first cre- gratulating the department. and directors). Such individuals
ates the interest (e.g., the desire to likely will have a broad understand-
form a new anticrime task force, to ing of the policies, issues, and pro-
“
enhance services for domestic vio- cedures on the topic in question.
lence victims, or to implement an Often, they can provide grant writ-
overtime program for DWI). Once Support for the ers with specific information neces-
officials determine that their cur- program can sary to the proposal, and, if not, they
rent operating budget is insufficient come from a variety at least can identify the correct per-
to harness the idea, the grant pro- son to contact.
cess begins. of origins, such as Probably, the most convenient
Because the funding process authorities, concrete and extensive way to gather materi-
can prove labor intensive and in- examples, or statistical als is via the Internet, using meta
timidating and depending on the illustrations. search engines 5 to reduce the
jurisdiction’s form of government amount of time spent researching
”
and the level of bureaucracy, the the topic. Moreover, every accred-
grant development team may face a ited college or university has a Web
very cumbersome application pro- site. Also, NCJRS and the National
cess or, instead, one that flows INFORMATION Council on Crime and Delinquency
rather easily. The typical grant ap- COLLECTION (NCCD) collection, along with lo-
plication process involves about 15 Before beginning the writing cal libraries’ reference sections,
steps that represent approximately 4 process, the department should provide other places to assemble
to 6 months of effort. In most situa- gather sources of information and materials. Finally, research groups
tions, a department spends approxi- conduct a literature review on the dedicated to improving policing can
mately 30 to 50 percent of the time topic. An excellent starting place is offer indispensable information to
waiting for the funding source to the grant writer’s own knowledge grant writers.6
review the proposal. Departments and experience. Life experience
must remember that if the funding (particularly within a person’s pro- SUPPORTING DATA
source is a government entity, it re- fession) provides riches from which After gathering resource mate-
ceives hundreds, possibly thou- to draw information. The various rials and beginning the writing
sands, of applications from agen- assignments grant writers may have process, it then becomes necessary
cies around the country. The source held throughout their careers, along to garner support for the idea.
must account for each proposal, as- with their educational pursuits or Support for the program can come
sign each one to a reviewer, and other jobs, all contribute to their from a variety of origins, such as
ensure that each proposal completes personal libraries of information. authorities (subject-matter experts),
the review process (i.e., gets ac- In addition, a natural corol- concrete examples, or statistical
cepted or rejected for funding) lary flows from using personal illustrations.
Objectives
• To deploy the Tactical Narcotics Team, which will use covert surveillance techniques within
the target area, for the first 8 weeks
• To deploy the Special Investigation Unit, which will conduct undercover (UC) and confidential
informant (CI) narcotics “buy” operations within the target area, for the first 12 weeks
• To deploy the Special Investigation Unit, which will apply for search warrants at locations
within the target area in response to the UC and CI intelligence, throughout the duration of the
program
• To employ the Emergency Response Team, which will execute all search and arrest warrants
within the target area, throughout the duration of the program
• To assign a special narcotics prosecutor, who will investigate and prosecute all individual
cases as part of a RICO scheme when the case involves a firearm or the weight of the contraband
seized equals or exceeds 1 U.S. pound, throughout the duration of the program
• To assign uniformed patrol officers, who will conduct situational crime prevention operations
for those locations within the target area that are responsible for 10 or more calls for service,
during the last 15 weeks of the program
May 2003 / 15
reader the opportunity to visualize well. Even if the goals are ethically hasty generalizations, asserting
the intensity of what is being said or correct, grant writers are not being casual connections where none
to feel the impact of a particular ethical if they employ cheap and really exist, using invalid or
problem. A widely shared belief in- careless methods. Basically, this absurd analogies/examples,
fers that when used properly, statis- signifies that the “ends do not jus- and yielding to prejudices.
tics offer an effective way to clarify tify the means.” Writers should re- 4) Sound evidence: A grant
and support ideas. To avoid falling view five recognized consider- that is awarded is not full of
victim to unreliable statistics, grant ations for ethical grant writing. “fluff.” It contains real circum-
writers should ask two questions: 1) stances supported by qualified,
Are the statistics from a reliable
“
objective sources and avoids
source? and 2) Are the statistics rep- plagiarizing.
resentative? If the answer to either
of these questions is no, then the Primarily, grant 5) Plagiarizing: Generally,
writers risk misrepresenting what grant proposals are a collabo-
writers should use ration between the writers and
they wish to portray. statistics to quantify
Primarily, grant writers should their sources. To be fair and
use statistics to quantify ideas and
ideas and give ethical, the writer must ac-
give them numerical precision. them numerical knowledge borrowing another
Whenever possible, the writers precision. person’s ideas and words by
documenting the source. To
”
should include visual aids to clarify
statistical trends. A simple pie borrow without proper docu-
chart, time line, or bar graph will mentation constitutes a form of
show the relationship between a 1) Subject awareness: Grant dishonesty known as plagia-
time period and the particular social writers have an obligation to rism. Plagiarism occurs in two
condition. themselves, the granting forms: 1) borrowing someone
agency, and the public they else’s ideas, information, or
ETHICAL CONSIDERATIONS language without documenting
serve. They must understand
The goal of grant writing is to the program for which the the source and 2) documenting
receive funding—but not at any department is applying and the source but paraphrasing the
cost. Writing, a form of power, car- how it relates to the city, the source’s language too closely,
ries a heavy ethical burden. People department, and its mission or without using quotation marks
will be influenced and persuaded by vision statement. Service is the to indicate that the writer
presentation. This is how one credo, not self-service. borrowed the words and
department’s proposal receives phrases.10 Writers should
funding over the others. The ques- 2) Honesty: Writers must consult a reputable writing
tion of ethics in grant writing usu- remain cognizant of the handbook and give credit
ally centers around the writer’s temptation to distort facts and where credit is due. In short, if
goals and methods. figures for their own purposes. they use another person’s
Grant writers must make sure Responsible writers do not material, they must cite it.
that their goals are ethically correct. falsify facts, present few
As criminal justice professionals facts as representative of the WRITING PROCESS
and (probably) government repre- whole picture, or use tentative Needless to say, the process of
sentatives, grant writers who laud findings as conclusive actually writing the grant will test
worthless or wasteful programs evidence. the writer’s determination and cre-
place their departments on shaky 3) Valid reasoning: Respon- ativity, but can coalesce into a com-
ethical ground. Similar caution ex- sible grant writers take affir- prehensible, meaningful, and per-
tends to the writer’s methods as mative steps to avoid making suasive document that brings
May 2003 / 17
city and state, and the department’s Goals and Objectives violations, to expedite incom-
name. They should use graphics and Often used interchangeably, ing prisoners, to conduct a
color to heighten the appearance of goals and objectives, in fact, are workload analysis). The
the cover. two distinct criteria that must be assignment, an action, explains
met. A goal is a broad general state- the specific task (or responsi-
Table of Contents ment explaining what the grant pro- bility) required of the subject
Grant writers always should in- gram is expected to accomplish. in question.
clude a table of contents so review- Goal statements often start with an 3) The condition denotes the
ers can refer easily to a specific pro- action indicator, such as to or will given circumstances under
vision without fumbling through which the task must be per-
each page. They should use an out- formed. Conditions, either
“
line format and indent the subsec- environmental or situational
tions for clarity. (e.g., in the field, at the
Abstract The goal of grant domestic violence advocacy
Some funding sources require center, in the county jail),
writing is to receive explain how, where, and with
an abstract, a one-page description funding—but not at
of what the program proposes to do what the assignment is to be
and the expected results. It summa-
any cost. done. Because the condition
rizes the important points of the represents the “given” circum-
”
program and highlights the key as- stances under which the
pects of the problem statement, the assignment will be performed,
program description, and the goals the objective often contains
and objectives. (e.g., to reduce inmate population, that word (e.g., Given a
to decrease fear of crime, will cellular telephone, the neigh-
Problem Statement strengthen community partner- borhood patrol officer will....).
The problem statement is the ships, will minimize the temptation 4) The standard specifies how
bedrock upon which all else rests. If to join a gang). By contrast, objec- well the task must be accom-
no problem exists, the department tives are specific, precise, and exact plished. The standard defines
needs no funding. Grant writers statements that lead step by step to what the expected or antici-
should set a historical perspective the achievement of the goals. pated results will be (e.g.,
that leads from the beginning of the Four elements of an objective— without error, with 90 percent
problem, through different time pe- subject, assignment, condition, and accuracy, according to ap-
riods, and up to the current condi- standard—must be met for it to be proved agency policy and
tion. If it is a crime problem, insofar measurable. procedure, within the first
as possible, they should make a cor- 1) The subject represents who month).
relation between the crime problem is tasked with doing something
and an underlying criminological Program Strategy
(e.g., the tactical narcotics
theory (e.g., rational choice, routine The program strategy is the spe-
team, the patrol division, the
activities, social disorganization, or cific method or activities that the
municipal court system). The
conflict). Also, writers should iden- department will employ for the du-
subject is the element or
tify the antecedents that preexisted ration of the grant program. In this
person that will be responsible
or currently coexist with the crime section, the grant writer must pro-
for accomplishing what the
problem. They should use statistics vide a clear statement of how the
program is designed to do.
and a variety of charts to bolster department is going to organize and
their claims and extract percent- 2) The assignment depicts administer the project to meet the
ages, show rates, and add trend what the subject is to do (e.g., intended goals and objectives. The
lines. to effect arrests for curfew writers should confer with the
Federal
State Private
Contact the state’s “administrative There are thousands of private
agency for assistance.” For example, in foundations that fund hundreds of
New Jersey, it is the State Division of program areas each year. Besides the
Criminal Justice, and, in California, it is Internet or the library as a research
the Office of Criminal Justice Planning. mechanism, companies, such as Re-
The state’s administrative agency is search Grant Guides (P.O. Box 1214,
responsible for passing through federal Loxahatchee, FL 33470, 561-795-6129),
funds to local jurisdictions. Often, the publish resource guides to assist agen-
federal government does not make funds cies in targeting only those foundations
directly available to the local jurisdiction. awarding programs in a particular
Instead, the federal government passes geographical area.
the money to the administrative agency, Such guides are extremely useful.
which then disseminates it to the local First, they are categorized so agencies
jurisdictions. only need to review the guide for the
A significant source of funding for category for which they are interested
programs on a state level is the Edward (e.g., equipment grants, building grants,
Byrne Memorial State and Local Law social service grants). Then, they are
Enforcement Assistance Formula Grant arranged by state, further organizing
Program (Byrne Formula Grant). Contact each guide into a comprehensible
the state’s administrative agency to obtain format.
a copy of this program.
May 2003 / 19
various departmental elements in- Appendix grant process as a viable solution.
volved in carrying out the plan and Often, a grant application has a They can use grants to start new
identify what each is prepared to page restriction limiting the narra- initiatives or supplement existing
commit (e.g., 15 police officers tive portion. If this is the case, writ- ones. Funding sources disperse mil-
from the drug squad, 1 municipal ers should include an appendix that lions of federal, state, and private
prosecutor dedicated to the pro- contains all of the charts, tables, and funds every year, but agencies have
gram, 5 street sweepers from the supporting documents. They should to enter the process to win the
sanitation department for neighbor- not waste valuable space in the ac- award.
hood clean up, and 3 drug and alco- tual narrative section, but append If grant writers apply the basic
hol counselors from social ser- all supporting materials and use an principles of researching, writing,
vices). If required by the RFP, the and organizing to the process, they
grant writer must identify specific will add strength and credibility to
“
individuals who, by virtue of train- their applications. And, once the
ing and experience, will carry out award letter comes congratulating
portions of the program and attach Departments can the agency on winning the grant,
their resumes. In short, this section they can proclaim proudly that their
requires that the writer states the contact a variety of efforts directly contributed to suc-
means that the department will use funding sources, from cessfully gaining some much-
to achieve the ends. federal and state needed funds for their agency to
agencies to private create or maintain quality programs
Budget Narrative to safeguard their community.
corporations.
The budget narrative details a
”
comprehensive itemization and ex- Endnotes
planation of the costs incurred from
the administration and implementa- 1
Since 1993, the author has sought and
tion of the program. Budgeted ex- in-text citation (e.g., see chart 1 in received nearly $40 million in federal and state
funding for his agency and community.
penses must be reasonable, allow- appendix). In this way, writers can 2
Grant funds always must supplement the
able, and cost-effective for the include organizational charts set- city’s budget, not supplant the previously
activities proposed in the program ting forth specific elements, flow- authorized budget. Supplanting can occur in
strategy. The budget narrative also charts depicting a particular pro- several ways, most commonly when the agency
cess, Gantt charts 12 denoting a uses grant funds in place of previously
must describe and explain how each appropriated funds. For example, a city has
particular item was calculated. sequence of events and milestones, appropriated $3 million for vehicles. Its police
Typical budget categories include and additional statistical data. A va- department then receives a grant for $3 million
personnel, fringe benefits, travel, riety of off-the-shelf, user-friendly and purchases vehicles from grant funds and
software applications exist for cre- does not buy any vehicles from the previously
equipment, supplies, contracts, budgeted funds. The department just sup-
utilities, construction, indirect ating charts and diagrams. These planted the original funds with the grant funds.
costs, and consultants. When creat- programs can illustrate complex This always is impermissible and may result in
ing the budget, the department must processes and strategies and can the city having to return that portion of the
present ideas and information with funds that was supplanted. Other more subtle
not overlook one important issue— ways of supplanting also can occur. If cities are
the budget must be in proportion to greater impact through the power of not certain about whether they are supplanting,
the goals and objectives. Often, the clear visual communication. they should contact the funding sources and
goals of the project far exceed the pose their scenarios to them.
funds being requested, thus making CONCLUSION 3
A project, usually short in duration, has a
narrow purpose (e.g., to computerize the
the goals unattainable. This is Whenever criminal justice department or to replace the department’s fleet).
known as the reasonableness re- agencies are tasked with addressing Normally long in duration, a program is a
quirement of the budget. a problem, they should consider the system of opportunities designed to meet a
The Bulletin’s
E-mail Address
May 2003 / 21
Book Review
community-oriented policing, organizational
values, and the management of important
components of legal liabilities and technology
interface and use supported by critical incident
planning and management application.
The book contains a list of 10 command-
ments that pertain to the personal and profes-
sional conduct of executives along with a
number of ways to minimize personal civil
liability, including those areas of prime potential
for lawsuits. It also provides a list of 10 charac-
teristics for cultivating quality principles in
policing and identifies their strengths and
weaknesses. A 5-day training course curriculum
for newly appointed law enforcement executives
or experienced administrators and their manag-
Enduring, Surviving, and Thriving as a ers and supervisors constitutes a compelling
Law Enforcement Executive edited by Thomas contribution that the book makes to the law
J. Jurkanin, Larry T. Hoover, Jerry L. Dowling, enforcement community.
and Janice Ahmad, Charles C. Thomas Publisher, The final chapter entails an outline on media
Springfield, Illinois, 2001. relations to assist in maintaining the success of
Enduring, Surviving, and Thriving as a Law law enforcement executives, managers, and
Enforcement Executive shares extensive insights, supervisors. In addition, the chapter includes
perspectives, suggestions, warnings, concepts, monitoring ideas to measure the public’s attitude
and ideas that codify over 400 years of wisdom toward an agency’s operations and implemented
of the day-to-day experiences related to the law policies and identifies several critical priorities
enforcement profession. The book contains of an effective law enforcement executive.
contributions from 20 experienced law enforce- Enduring, Surviving, and Thriving as a Law
ment executives edited by four other veterans of Enforcement Executive will appeal to law
the profession. enforcement executives at all levels, local
It represents an excellent work for the newly government officials, state and local district
appointed, as well as experienced, chief of police, attorneys, and planning and financial administra-
sheriff, law enforcement manager, or supervisor. tors. It also would interest law enforcement
The authors greatly emphasize law enforcement executive development schools, national police
executives’ function in their communities, their institutes, and initial and in-service executive
interfacing with political institutions, and their training programs. Overall, the book is a critical
roles in law enforcement and general public and helpful compilation of the concepts and
administration. ideas used and being tried by some of the best
Due to the extensive experience of the executives in the law enforcement profession.
authors, they ably identify several compelling
points. These include executive management Reviewed by
rights in collective bargaining, major observations Larry R. Moore
for good employee relations, and five political Certified Emergency Manager
statesmanship blueprints. The authors also offer International Association of
several law enforcement executive mission and Emergency Managers
strategy assessments, as well as points on Knoxville, Tennessee
Police Response to
Anonymous Emergency Calls
By MICHAEL L. CIMINELLI, J.D.
© digitalSTOCK
P
olice officers in the United identified caller also helps establish legitimate reasons for anonymous
States respond to numerous the lawful basis for police action. 911 calls: such calls are distinctive
and diverse calls for ser- Anonymous callers, on the in that they concern contemporane-
vice on a daily basis, often using the other hand, are not available to pro- ous emergency events, not general
nationally recognized “911” emer- vide critical additional information. criminal behavior. Additionally, the
gency number. One court has noted Thus, determining the proper police exigencies of the emergency situa-
that “[a] 911 call is one of the most response to anonymous emergency tions often limit the ability of the
common—and universally recog- calls is more difficult. Furthermore, caller to convey extraneous details,
nized—means through which po- warrantless, nonconsensual entries such as identifying information.
lice and other emergency personnel into private premises by police offi- Furthermore, some callers, particu-
learn that there is someone in a dan- cers in response to anonymous calls larly neighbors, may be understand-
gerous situation who urgently needs or reports of an emergency are par- ably reticent to give identifying in-
help.”1 In many such cases, callers ticularly fraught with legal issues.2 formation for fear of retaliation.3
identify themselves and are avail- Some anonymous calls may
able to provide additional informa- be placed maliciously and convey THE EMERGENCY
tion to responding officers. Not false information for the purpose EXCEPTION
only does this information assist the of harassing, annoying, or retali- Many 911 calls result in po-
police in assessing the situation and ating against another. However, lice officers entering a person’s
developing the safest and most ef- the courts have acknowledged that home. A person’s home enjoys the
fective tactical approach, but an there may be understandable and highest levels of protection from
May 2003 / 23
government intrusion under the following emergency exceptions to assist persons in distress, rather
Fourth Amendment to the U.S. the search warrant requirement: 1) than seeking to make an arrest or
Constitution.4 The U.S. Supreme prevent escape;8 2) prevent harm to seize evidence.15
Court has emphasized that “physi- the officers or others;9 3) prevent
cal entry of the home is the chief the destruction of evidence;10 4) hot JUSTIFYING THE
evil against which the wording of pursuit of a criminal suspect;11 and EMERGENCY
the Fourth Amendment is di- 5) to render immediate aid to a per- To make a lawful warrantless,
rected.”5 Thus, the general rule is son in need of assistance.12 This ar- nonconsensual entry and search to
that “searches and seizures inside a ticle focuses on police actions to render aid, the police must “reason-
home without a warrant are pre- render immediate aid to a person in ably believe” that an emergency
sumptively unreasonable.”6 None- need of assistance because many situation exists requiring immediate
theless, the Supreme Court has es- 911 calls to the police involve such police intervention.16 Most courts
tablished a few narrowly crafted emergencies. have interpreted this to mean offic-
exceptions to the warrant require- The Supreme Court has noted ers must have probable cause.17 A
ment. These exceptions allow the that “[n]umerous state and federal federal appellate court has ex-
police to act when “the public inter- cases have recognized that the plained that “[p]robable cause for a
est require[s] some flexibility in the Fourth Amendment does not bar forced entry in response to exigent
application of the general rule that a police officers from making war- circumstances requires finding a
valid warrant is a prerequisite for a rantless entries and searches when probability that a person is in ‘dan-
search.”7 they reasonably believe that a per- ger.’”18 One commentator has sum-
Under one such exception, of- son within is in need of immediate marized the prevailing test used by
ficers may conduct a warrantless, aid.”13 Thus, a “warrantless entry many courts to review emergency
nonconsensual entry and search of a by criminal enforcement officials warrantless, nonconsensual entries
residence when, due to exigent cir- may be legal when there is compel- and searches as 1) the police must
cumstances, there is insufficient ling need for official action and no have reasonable grounds to believe
time to obtain a search warrant. The time to secure a warrant.”14 In such that there is an emergency at hand
Supreme Court has recognized the situations, the police are acting to and an immediate need for their as-
sistance for the protection of life or
property; 2) the search must not be
motivated primarily by intent to ar-
“
rest and seize evidence; and 3) there
must be some reasonable basis, ap-
Cases upholding proximating probable cause, to as-
police entries and sociate the emergency with the area
searches in response to or place to be searched.19
anonymous calls The language used by the courts
typically rely upon one or to describe the amount of knowl-
more factors that edge officers must have to justify
an emergency entry and search
corroborate the often is confusing. In the test
anonymous report summarized above, the commenta-
sufficiently to justify tor used the phrases, “reasonable
police actions. grounds to believe” and “reason-
”
Mr. Ciminelli serves as chief of the able basis approximating probable
Domestic Criminal Law Section, DEA. cause.” One federal appellate court
has explained that to justify an
emergency entry “requires finding a
“
mation, when human life is at In another case, Alexander v.
stake.”22 Commonwealth, 33 officers re-
Second, regardless of the stan- sponded to an anonymous 911 call
dard courts use to assess police re- ...courts likely will from a motel about a woman being
sponse to emergencies, no warrant- be flexible when held against her will in a specified
less, nonconsensual, emergency they assess room. Several police officers went
entry will be approved unless offi- directly to the room and knocked on
cers can cite specific facts, com- officers’ actions in the door. The door was opened, and
bined with their training and experi- response to police observed four persons inside
ence, that led them to reasonably emergencies. the room, including one woman.
conclude that an emergency existed With guns drawn, the police imme-
”
justifying their entry. Unsupported diately entered the room. Police
and unexplained claims of emer- seized a handgun and cocaine from
gencies will not suffice.23 Informa- one occupant’s pocket. The court
tion acquired after the emergency held that the officers lacked prob-
entry cannot be used to justify the NEED FOR able cause, and the gun and cocaine
initial entry.24 Conversely, even if CORROBORATION were suppressed.34 The court noted
officers turn out to be wrong and no Several courts reviewing the that “[u]pon arriving, the officers
emergency actually existed, it will police response to anonymous calls did not inquire at the front desk or
not make their entry unlawful so have held that the police actions make an independent investigation
long as they acted reasonably in were unlawful. In most of these in an effort to verify the unsubstan-
light of the information they cases, the court’s decision was tiated report that a crime might be
possessed when the entry was predicated on a finding that the po- occurring.”35 Similarly, in North
made.25 Meeting this burden is es- lice lacked probable cause or rea- Dakota v. DeCoteau,36 the police
pecially difficult, but not impos- sonable grounds to believe that their were dispatched to an anonymous
sible, when the information comes entry or subsequent search was nec- call of a domestic disturbance.
available to officers from an anony- essary to respond to an emergency Upon arrival, some children outside
mous source.26 situation. A common thread in these told the police that they had heard
The scope of the emergency cases is that the police, at least in glass breaking. The officers ob-
search “must be ‘strictly circum- the opinion of the reviewing court, served a broken window, but took
scribed by the exigencies which failed to take adequate steps to no steps to determine if the break
May 2003 / 25
was recent and immediately entered hear any unusual noises. Without room and bathroom, the officers
the house without consent. Under seeking consent, knocking, or mak- exceeded the permissible scope of
these facts, the court found that ing an announcement, one officer, the search by looking into the trash
there was “no emergency requiring with his weapon drawn, went di- can. Once the bathroom door was
swift action to prevent imminent rectly to the bathroom and opened opened, it was evident there was no
danger to life or property.”37 the door. The officer found the de- woman in the room, and reentering
The courts will examine ex- fendant sitting on the toilet with his the bathroom to search the trash can
actly what information is conveyed pants down. The officer handcuffed was more intrusive than necessary
by an anonymous call in determin- the defendant and escorted him out to resolve the supposed danger.41
ing whether the police had reason- of the bathroom. The officer then
able grounds to believe that there reentered the bathroom and looked SUCCESSFUL
was an emergency requiring imme- in the trash can, finding a firearm. CORROBORATION
diate action. For example, in Feath- Cases upholding police entries
© John Foxx Images
ers v. Aey,38 officers received an and searches in response to anony-
anonymous call that a man on a mous calls typically rely upon one
porch yelled an obscenity at a pass- or more factors that corroborate the
erby, appeared drunk, and pointed anonymous report sufficiently to
something unknown at the caller. justify police actions. These factors
Offi-cers responded and immedi- include police observations or con-
ately detained a man on his front ditions found upon arrival at the
porch and patted him down for scene; prior knowledge of the per-
weapons. The man later sued the sons, location, or area involved; and
officers. The court held that the stop steps taken by police to investigate
was improper, noting that the offi- the circumstances before making an
cers detained the man “solely on a entry.
tip from an anonymous source…
[and] the tip itself [gave] no clear Personal Observations
indication of criminal activity.”39 In United States v. Holloway,42
In United States v. Fisher,40 an The court held that the police the police received two anonymous
anonymous caller reported a entry and search in this case vio- 911 reports of gunshots and arguing
woman named “Cathy” had been lated the Fourth Amendment. The at a specified location. After arrival
abducted and was being forced into court gave several reasons for this at the motor home specified in the
room seven at a specified motel. holding. First, the court noted that anonymous calls, the police en-
The caller promised to wait in front the anonymous caller’s dispassion- countered three adults, one of
of the motel for police. Police offi- ate tone of voice was reason for whom was unresponsive to the of-
cers responded to the motel; the some doubt. Second, although the ficers’ commands. After securing
caller was not present as promised. caller promised to wait for police the persons present outside the mo-
The officers knocked on the door of outside the motel, he did not do so. bile home, a police officer stepped
room seven. The door was opened, Third, the officers heard no scream- onto the porch and observed and
and the officers immediately hand- ing or unusual noises, and discov- seized a shotgun and then continued
cuffed the two male occupants. ered nothing outside the motel that to search the house for possible
From the doorway, the officers would suggest any criminal con- shooting victims. The court held
could observe the entire motel room duct. Fourth, the officers did not that “[u]nder the circumstances
except the bathroom. From this van- see a woman when the room door known to them at that time, the of-
tage point, they did not see any was opened. Finally, even if the tip ficers reasonably believed an emer-
woman, firearms, or other evidence had been credible and justified a gency situation justified a warrant-
of unusual activity, nor did they preliminary search of the hotel less search of appellant’s home for
“
Applegate, 45 officers were dis- for additional victims over the
patched to an anonymous call re- woman’s protest.
porting domestic violence. Upon ar-
rival, they heard yelling, arguing, Information Conduct of
and bumping noises, as if furniture acquired after the Persons at the Scene
was being turned over, from inside emergency entry The conduct of persons at
the reported address. They entered cannot be used to the scene also can corroborate an
the residence through a partially justify the initial anonymous call. For example, in
open doorway and confronted the entry. United States v. Arcobasso,52 police
defendant holding a whiskey bottle. were dispatched to a call of “shots
He refused police commands to put fired within a residence.” Upon ar-
”
down the bottle, and he was arrested rival, they heard the clicking sounds
after a scuffle with the officer. of a gun being “dry-fired” from
While being booked at police head- within the residence. While on the
quarters, cocaine was found in the whose face and clothing were cov- stairs leading to the front porch, of-
defendant’s pocket. The court up- ered with blood and who was hold- ficers saw the defendant through an
held the police entry in this case, ing an ice pack to her head. The open window sitting on a chair dry-
stating that based upon the call to woman stated that the man was firing a gun. The officers ordered
the police and the sounds indicating gone and everything was alright. the defendant to exit the house, and
violent activity was taking place, Officers entered and searched the he climbed out the open window.
“[t]he movements of the officers upstairs area, locating a rifle and a Believing that there may have been
were conservative, prudent, and handgun in different closets. Over a shooting victim in the house, the
reasonable.”46 On the other hand, the woman’s protest, the officers officers entered the house and did a
the absence of noises or disturbance then searched the downstairs area protective sweep, during which
at the scene of an anonymous call of for more victims. No additional vic- they located a shotgun in plain
domestic violence will not neces- tims were found, but police located view. 53 The court held that the
sarily dictate that the police lack several large marijuana plants in the search of the house was lawful
reasonable grounds to enter if other downstairs area. Later, police ob- and the items seized admissible be-
factors establishing exigent circum- tained a search warrant and re- cause, under these circumstances,
stances exist.47 trieved more evidence from the “there may have been a shooting
In addition to noises at the house.49 The court held that the victim or another armed person
scene, visual observations can help police acted properly, concluding inside…exigent circumstances ex-
corroborate an anonymous call and that “the evidence establishe[d] isted to justify the warrantless
establish the requisite basis for the existence of an emergency search.”54
May 2003 / 27
In People v. German,55 police corroborate an anonymous call. In drugs. The responding officer’s
responded to an anonymous call re- People v. Love,59 officers responded prior knowledge that the subject
porting that a man had been shot in to an anonymous call of a man with was a heroin user, and his personal
the defendant’s apartment. Upon ar- a gun in a specified room at a named observation of needle marks on
rival, they observed the defendant hotel. Upon arrival, officers her arms within the past 3 weeks,
wearing a gun holster. The officers knocked on the door, and it was helped corroborate the anonymous
found narcotics in the course of se- opened about 15 inches by a woman call and establish the reasonable-
curing the defendant. On a second inside the room. Upon seeing the ness of the warrantless entry to
occasion, police responded to a dif- officers, the woman tried to slam check her welfare.62
ferent anonymous call that a rape the door shut. The officers pushed In United States v. Wiggins,63
was in progress in the same the door open and entered the room, the police received an anonymous
defendant’s apartment. As officers observing an automatic handgun, call made from a telephone booth
arrived, the defendant ran back in- drugs, and drug paraphernalia in that “an individual had been shot in
side his apartment. Once again, the plain view.60 In upholding the offi- the hand, had run into [a specified
officers found narcotics in the cers’ actions in this case, the court building], and that someone was
course of restraining the defendant. trying to bandage the victim’s
The court held that the warrantless hand.” In holding that the subse-
“
entries by police on both occasions quent warrantless entry by police
were proper.56 The court acknowl- into an apartment in response to the
edged that anonymous phone re- In addition to noises call was proper, the court cited the
ports might not be sufficient in at the scene, visual following factors: 1) the area in
themselves to justify a warrantless which the building was located was
entry. However, the observation of
observations can help a “high-crime area”; 2) there were
the holster on the first occasion, and corroborate an two apartments in the building and
the conduct of the defendant in run- anonymous call and police were able to determine that
ning from police on the second, establish the requisite one was vacant and so turned their
combined with the anonymous call basis for police attention to the other; 3) the anony-
to establish exigent circumstances. action. mous call was made from a phone
Similarly, a state appellate court booth located in close proximity
”
held “that the officers who re- (about two-tenths of a mile) to the
sponded to the initial anonymous building; 4) the officers found a
911 report of a burglary in progress video surveillance camera outside
and attempted to pursue the defen- cited “[t]he nature and specificity of the door of the apartment, a fact
dant as he ran over the rooftop of the police radio transmissions, their they associated with drug traffick-
the location of the burglary had close temporal proximity, the repu- ing, which, in turn, is associated
probable cause to arrest the defen- tation of the hotel as a locale for with a high prevalence of weapons;
dant….”57 In another case, the fact drug and prostitution activity, and 5) the call itself reported a shooting;
that the defendant “was sweating the hostile reception by [the] and 6) when the defendant an-
profusely and appeared to be agi- woman in the room when the police swered the door in response to the
tated” contributed to the corrobora- knocked on the door….”61 officers’ knock, he was sweating
tion of an anonymous report that Also, prior knowledge regard- profusely and appeared to be agi-
someone had been shot.58 ing the subject of an anonymous tated.64 This case illustrates how a
call may contribute to the reason- series of factors can sufficiently
Prior Knowledge ableness of a warrantless entry. For corroborate an anonymous report,
In some cases, police knowl- example, in one case, police re- even though each factor standing
edge concerning ongoing criminal ceived an anonymous call that alone likely would not justify a war-
activity at a given location may help someone had taken an overdose of rantless entry or search.
May 2003 / 29
• Accurately document the location will help corroborate justifying factors is made at
information given by the an anonymous call of a the trial court level to increase
anonymous caller. If there is domestic disturbance in the likelihood of success on
a voice-recording system, a progress. Many newer com- appeal.
recording of the call should puter-aided dispatching • Persons receiving emergency
be preserved for evidentiary systems make location, police calls for the police department,
purposes in cases resulting in response, and personal histo- whether sworn or civilian,
an arrest or investigation or ries immediately available to should be well trained for this
which may result in a citizen dispatchers and officers. critical function. This includes
complaint or civil litigation. © John Foxx Images techniques in securing the
Also, recordings of the infor- cooperation of the caller,
mation provided to officers obtaining critical information,
by the dispatchers, and radio and conveying necessary
communications among the information to the officers
responding officers, also in the field.
should be preserved. In some
Given the large number of
cases, discrepancies between
anonymous emergency calls re-
the information provided by
ceived by the police, it is critical
the caller and what was
that law enforcement be prepared to
dispatched to the officers have
respond to them effectively and
become an issue. Also, the
lawfully. Indeed, one federal appel-
specificity and detail in an
late court has noted that “[i]f law
anonymous call may become
enforcement could not rely on in-
an important issue in justifying
formation conveyed by anonymous
the police response. Finally,
911 callers, their ability to respond
any information from the • Carefully and accurately
effectively to emergency situations
anonymous caller that accu- document conditions found at
would be severely curtailed.”72
rately predicted future condi- the scene that may corroborate
tions or events should be the anonymous call, especially Endnotes
carefully documented because in cases resulting in a signifi- 1
United States v. Richardson, 208 F.3d
accurate predictive informa- cant arrest or investigation. 626, 630 (7th Cir.), cert. denied, 531 U.S. 910
tion from an anonymous (2000).
Examples include broken 2
This article will focus on warrantless,
source can help establish the windows, signs of forced nonconsensual entries in response to anony-
anonymous caller’s reliability entry, blood, bullets, and signs mous reports of an emergency. As in other
and help justify police of a struggle. Documentation warrantless search situations, a valid consent
actions.71 will authorize the police to enter and search a
should include both written
private premises in response to an anonymous
• Consider the past history of substantiation in reports and report of an emergency. See, e.g., United States
the location named in the photographs or video as v. Branch, No. 01 CR.264(LMM), 2001 WL
anonymous call and any appropriate. 1154789 at *1 (S.D.N.Y. Oct. 1, 2001)
(occupant of house consented to police entry in
persons involved. This in- • Be prepared to testify fully and response to anonymous call); cf. Johnson v.
cludes objective knowledge accurately about the circum- Florida, 386 So.2d 302, 303-04 (1980) (By
of the telephone operator, stances justifying response to anonymously calling the police to his own
apartment and reporting a dead body was in the
dispatcher, or officers. For anonymous calls. It is impor- bedroom closet, the defendant “initiated the
example, a history of domestic tant that the prosecutor ensure police action and impliedly consented to their
disturbances at a given a complete record with all entry upon his property.”).
May 2003 / 31
46
scene or identified prior to police action. See, Id. at 944.
e.g., Imperiale v. Pierce County, 37 F.3d 1505
(9th Cir. 1994) (unpublished); Ohio v.
47
48
See, e.g., Richter, 791 A. 2D at 1185.
770 P.2d at 1283.
Wanted:
Beckman, Nos. CA2001-08-185, CA2001-08- 49
Id. at 1283-85. Notable Speeches
50
186, 2002 WL 445079 (Ohio App. 12 Dist. Id. at 1286.
51
Mar. 18, 2002) (unpublished), appeal not Id. at 1285.
52
allowed, 96 Ohio St. 3d 1441 (2002). In such 882 F.2d 1304, 1305 (8th Cir. 1989).
53
cases, although the initial call was anonymous, Id. he FBI Law Enforcement
the police are in a position to make an
assessment of the caller’s veracity, reliability,
and basis of knowledge and to obtain additional
54
55
Id. at 1306-07.
169 A.D.2d 427 (1st Dept. NY), appeal
denied, 77 N.Y.2d 995 (1991).
T Bulletin seeks transcripts
of presentations made by crim-
information. Furthermore, once identified, the 56
Id. at 427-28. inal justice professionals for
57
caller is subject to prosecution for making a People v. McPherson, 750 N.Y.S.2d 862 its Notable Speech depart-
false report. See Feathers, 196 F. Supp. 2d at (1st Dept. 2002).
538 (“...because any anonymous informant does 58
Wiggins, 192 F. Supp. 2d at 500.
ment. Anyone who has
not bear the responsibility of having to answer 59
204 A.D.2d 97 (1st Dept. NY), aff’d, 84 delivered a speech recently
for misinformation, an anonymous tip must N.Y.2d 917 (1994). and would like to share the
60
bear some evidence of reliability”). Thus, the Id. at 98. information with a wider
61
concerns associated with anonymous reports are Love, 84 N.Y.2d at 918.
absent in most cases in which the caller is 62
People v. Gallegos, 13 Cal. App. 3d 239,
audience may submit a trans-
identified before police action. This article will 241-42 (1970). cript of the presentation to the
focus on cases in which the caller was never 63
Wiggins, 192 F. Supp. 2d at 496. Bulletin for consideration.
64
identified, or at least not identified prior to the Id. at 500. As with article submis-
65
relevant police action. 340 N.W.2d 516 (1983).
31
261 F.3d at 233. Although the police did 66
Id. at 524.
sions, the Bulletin staff will
not know this at the time, the caller was 67
State v. Kraimer, 298 N.W.2d 568, 569 edit the speech for length and
Kerman’s girlfriend. Kerman had told her that (1980), cert. denied, 451 U.S. 973 (1981). clarity, but, realizing that the
68
he was drunk and intended to buy a gun and kill Id. at 571-73. information was presented
69
himself or his psychiatrist. The girlfriend knew Id. at 575.
that Kerman suffered from depression and that 70
Id. at 579; see also McKiernan, 2002 WL
orally, maintain as much of
he recently had stopped taking his medication. 1365550 at *5 (police were not required to the original flavor as possible.
She placed the anonymous 911 call after accept anonymous caller’s statement that the Presenters should submit their
consulting with Kerman’s psychiatrist, who homicide was a week old, particularly in light transcripts typed and double-
recommended she notify the police. of contradictory allegation that there still was
32
Id. blood on the suspect’s hand); LaFave, § 6.6(a)
spaced on 81/2- by 11-inch
33
454 S.E.2d at 40. at 393 n.18 and cases cited therein. white paper with all pages
34
Id. at 41. 71
Cf., J.L., 529 U.S. at 270-71; White, 496 numbered. When possible, an
35
Id.; cf., New Jersey v. Berlow, 284 U.S. at 327; Gates, 462 U.S. at 245-46. electronic version of the tran-
72
N.J.Super. 356 (1995) (defendant not guilty of Holloway, 290 F.3d at 1339.
obstructing by refusing to admit officers
script saved on computer disk
responding to an uncorroborated anonymous tip should accompany the docu-
that a woman had been shot and needed help).
Law enforcement officers of other than ment. Send the material to:
36
592 N.W. at 581-84. federal jurisdiction who are interested
37
Id. at 585. in this article should consult their legal
38
196 F. Supp. 2d 530. advisors. Some police procedures Editor, FBI Law
39
Id. at 539. ruled permissible under federal Enforcement Bulletin
40
145 F. Supp. 2d at 855-57. constitutional law are of questionable FBI Academy
41
Id. at 859-61. legality under state law or are not Madison Building,
42
290 F.3d at 1332.
43
Id. at 1338.
permitted at all. Room 209
44
Id. at 1339 (italics in original). Quantico, VA 22135
45
Applegate, 626 N.E.2d at 942-43. Note: telephone: 703-632-1952,
the opinion states that the caller was “subse- e-mail: leb@fbiacademy.edu
quently identified as [the defendant’s] wife.” Id.
at 943. It is not clear from the opinion at what
point in the event she was so identified.
Officer McDaniel
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