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May 2003

Volume 72
Number 5
United States
Department of Justice
Federal Bureau of Investigation
Washington, DC 20535-0001

Robert S. Mueller III


Director
Features
Contributors’ opinions and statements
should not be considered an
endorsement by the FBI for any policy,
program, or service.
Weapons of Mass Destruction Enchanced coordination between law
The attorney general has determined
that the publication of this periodical is
necessary in the transaction of the
and Civil Aviation Preparedness 1 enforcement agencies and the civil
aviation community can help combat a
public business required by law. Use
By Robert Raffel WMD threat.
of funds for printing this periodical has
been approved by the director of the
Office of Management and Budget. Writing a Winning By following some basic principles,

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

Send article submissions to Editor,


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

ISSN 0014-5688 USPS 383-310


Weapons of Mass Destruction
and Civil Aviation
Preparedness
By ROBERT RAFFEL

© 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

2 / FBI Law Enforcement Bulletin


© Greater Orlando Aviation Authority

incidents. When a biological event


takes place, the calculus of crisis
management differs from what the
civil aviation industry commonly
takes for granted and has practiced
over the years. This makes coopera-
tion between the civil aviation com-
munity and federal, state, and local
law enforcement agencies more im-
portant than ever.
First Responders
Who is trained and equipped to
respond quickly when a biological
incident occurs on an aircraft or at
an airport? Firefighters and police,
otherwise trained to respond
quickly and decisively to a disaster but an assessment of criminality EOC Composition
scene, have new requirements for must be completed. Some questions During a WMD incident, the
response to biological events. Test- exist that may be pertinent to this EOC group, comprised of decision
ing protocols and isolation factors issue. makers, may react differently com-
become important, as do proper • What kind of viruses/out- pared to its behavior in other crisis
equipment and training. breaks have authorities found? situations. Given the need for
• Are the viruses/outbreaks trained and expert guidance,
New Players the EOC may become a unified
lethal to humans?
Who is responsible for quaran- command post responsible for man-
tine of an aircraft? A biological in- • Could the use of this particu- aging the biological crisis. A lead
cident places new organizations on lar virus be considered a individual retains ultimate deci-
the civil aviation crisis management weapon? sion-making powers in the unified
platform. During a suspected bio- • How was the virus discovered? command post. However, the EOC
logical attack, the public health group gains input via a team of
• How widespread is the
community will play a major role firefighters, medical personnel, po-
damage?
because it has a more comprehen- lice, and airport and air carrier rep-
sive understanding of the problem. • Is this widespread nature resentatives, any of whom (espe-
The Centers for Disease Control normal, or would it only cially the firefighters and medical
and Prevention (CDC), together happen if the virus was personnel) could become the key
with local and state health authori- purposely released? decision makers when the need
ties, will assume part of the deci- Answering these and other spe- arises.6 Carrying out this strategy
sion-making process and, in non- cific questions will provide guid- also assumes a high level of training
criminal cases, may even take the ance to law enforcement officers in in unified command procedures
lead. determining the need for investiga- and a firm partnership with local,
tive procedures. Moreover, al- state, and federal public health
New Issues though the issue of criminality will entities.
At what point does a biological arise continually during a biological
scene become a criminal investiga- incident, only interagency coopera- Mitigation
tion? Biological events may be dif- tion will ultimately determine if a On the federal level, FEMA has
ficult to connect with criminal in- biological event requires a criminal been designated the lead agency for
tent, especially in the early stages, investigation. consequence management.7 Crisis

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

4 / FBI Law Enforcement Bulletin


5
Administration) should establish Endnotes
6
Presidential Decision Directive-39.
1
In the current context, this group includes Drielak and Brandon, Weapons of Mass
both preventive and countermea- Destruction (Springfield, IL: Charles C.
passenger and cargo carriers, but does not
sures against WMD. National-level expand into the general aviation community. Thomas, 2000), 60. “By its very nature, a
procedures focusing on “best-risk” General aviation response to biohazards is a WMD incident will most likely involve many
airports into which flights may be subject deserving further study, but will not be different agencies, multiple disciplines and
numerous jurisdictions…all the involved
diverted should be considered.9 examined in this article.
2 agencies contribute to the command and
The second and third weapons of the
Federal agencies should closely WMD triad, chemical and radiological hazards, management process by determining the overall
coordinate their efforts to combat are not examined in this article. Given the goals and objectives of the incident and in
WMD with local airports and present state of delivery systems, biological jointly developing tactical objectives.”
7
events may be more likely to occur in a civil Ibid.
air carriers. Additionally, partner- 8
The information requested concerned
aviation context. Further, response protocols for
ship opportunities across the chemical and radiological events are suffi- passengers seated next to the stricken woman.
civil aviation spectrum should ciently unique and deserve separate treatment. The CDC ultimately obtained passenger
be explored. A better prepared 3
The phrase “asymmetric threat” has information from U.S. Customs, which
become a call sign of counterterrorism that provided their declaration form.
and more coordinated response 9
According to the author, “best-risk” refers
means covert or nontraditional war operations.
is essential to providing safety 4
“Woman Falls Ill After Trip to Congo, to locations where organizations and equip-
to the public against a WMD Doctors Suspect Hemorrhagic Virus,” ment needed to combat a WMD strike are
threat. Associated Press, February 6, 2001. positioned.

Crime Data

U.S. Correctional Population

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-

P olice departments typically do not think of


using marketing concepts when trying to
improve their image. In the past, for-profit companies
ing for their public safety needs while they are on the
way to school, at school, and when they leave school.
Or, a college campus police department might have a
significant Spanish-speaking segment of the student
and corporations have used marketing techniques to population that would impact services by creating a
increase customer satisfaction. But, police agencies need for documents produced in both English and
easily can adapt the concepts of business marketing to Spanish.
help them reach their customers (citizens) and educate Once agencies define their service population,
them about the many services that they provide. they must survey their communities’ needs. What
Marketing available police services (MAPS)1 is a expectations do citizens have as they relate to public
process whereby communities can learn what services safety issues? What services could the department
their law enforcement agencies offer to meet public provide to meet concerns of community members?
safety needs and wants. In return for providing these Creating a planned response can help answer these
services, the police department receives more positive questions. Departments can focus on crime prevention
contacts, cooperation, and an improved image from programs, hold community workshops, use focus
the community that it serves. This proves true no brochures, or take other steps to respond to their
matter what type of population (e.g., college campus, communities’ needs.
city, county, or state). Once agencies develop plans, programs, and new
Police services marketing attempts to attract new services, they must communicate these initiatives to
customers who are unaware of police services and to their constituents. A department can have many
keep a positive relationship with those individuals services, but if no one knows about them, they waste
who already have had contact with the department. resources. Communication constitutes a vital link
While reaching out to new people is important, it is between the police and the community, and it can
even more important to keep those people agencies develop a positive relationship between the two
have contact with satisfied. Various research has entities.

6 / FBI Law Enforcement Bulletin


Finally, agencies must deliver police services Most services provided by police departments are
to the public. In turn for the services, the police intangible. When possible, the department should
department’s image will improve, and agencies will look for ways to leave a tangible product behind. For
serve their communities more effectively. example, officers can leave brochures, patches, rulers,
frisbees, stuffed animals, and other departmental
THE MARKETING MIX memorabilia with citizens.
Today, the single most significant marketing Police services’ design, variety, public relations,
doctrine is the marketing mix, which encompasses advertising, location, and quality form much of an
all of the agency’s tools that it uses to influence a agency’s marketing mix. An agency’s use of technol-
market segment to accomplish its objectives. These ogy, collaboration with other partners, management
tactical tools are used to influence customers, and, in perspective, and selection of staff members also prove
law enforcement, they can help realize the police important considerations of the mix.
department’s goal of a positive image.
When determining the marketing mix for which Use of Technology
tools to use in a marketing plan, managers must In today’s technological society, the Internet
remain cognizant of the internal and external environ- should play an important part in any MAPS plan. A
ments of the organization. Neighborhood and department’s Web site can offer services reaching
community groups may influence what services a large groups or providing for one-on-one contact.
police department offers. Local newspapers and Some possible uses of a Web site include sharing
radio and television stations can carry news of department information, crime statistics, and safety
department activities and services, as well as provide tips; providing opportunities for citizen feedback;
editorial comments to influence public opinion of the adding a silent witness program; and using e-mail as
department. a vehicle for communication with the public. Video
Public relations, the single most important mass- clips from a department’s Web site can serve as an
promotions tool that significantly can impact the easy way to have community members see and hear
department’s image, has the ability to create favorable what it has to offer. The Internet is an economical and
publicity, build on the
department’s image,
and prevent or handle
rumors and incorrect
Case Example
information. There-
fore, law enforcement After becoming the college’s police chief in December 2000, I met
agencies must have an with constituents from different departments. In these meetings, I advised
excellent working them of the services the department provides and learned that many
relationship with the employees had questions about what number to dial for emergency police
local media. Positive assistance. Several people thought that they should dial 911, some
media stories are free believed 9-911 was the correct number, and, yet, other employees thought
marketing ads about that they should dial extension 2000, which is the number to the Public
the department. The Safety Police Department on campus. As a result of these meetings, we
more trusting a rela- developed red stickers with the words “Public Safety Emergency Dial
tionship a department 2000" on them. Then, student employees searched each building and
has with reporters, the attached one of the stickers to every phone on campus. Our department
better it will be able to received a tremendous amount of praise for this idea, which improved the
work with them during staff’s ability to contact the police department in an emergency.
times of crisis.

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,

8/ FBI Law Enforcement Bulletin


and then providing those services, can prove just as “Citizen Police Academy: Success Through Community Partnership,”
FBI Law Enforcement Bulletin, May 2000, 16-21; Ellen G. Cohn, “The
important for positive community relations with
Citizen Police Academy: A Recipe for Improving Police-Community
police. Implementing a police services marketing plan Relations,” Journal of Criminal Justice 24 (1996): 265-271; Martin Alan
can be the mechanism to do so. Greenberg, “Citizen Police Academies,” FBI Law Enforcement Bulletin,
August 1991, 10-13; Ronald E. Ferguson, “The Citizen Police Academy,”
Endnotes FBI Law Enforcement Bulletin, September 1985, 5-7.
1
The author coined this phrase to describe the process he uses in his
department.
2
For descriptive accounts of CPA programs, see Elizabeth M. Bonello
and Joseph A. Schafer, “Citizen Police Academies: Do They Do More Chief Fazzini heads the College of DuPage Police Depart-
Than Entertain?” FBI Law Enforcement Bulletin, November 2002, ment in Glen Ellyn, Illinois.
19-23; Giant A. Aryani, Terry D. Garrett, and Carl L. Alsabrook,

Unusual Weapon

Handmade Blowgun

O fficers with the Vacaville, California,


Police Department confiscated this
weapon, which had been made from a broken
auto shade. The blowgun measured approxi-
mately 36 inches in length and was equipped
with a front sight that was painted red. A
folding rear sight was manufactured and
attached approximately 10 inches behind the
front sight with a sheet-metal screw. A piece
of foam had been attached with electrical
tape to form a mouthpiece. The 20 metal
spokes used to turn the shade hardware had
been converted into 4-inch metal darts. The
tip of the darts had been filed to a sharp
point, and the end of the darts had been
equipped with a yellow plastic
chute to catch the air when
blown.

Submitted by the Vacaville,


California, Police Department

May 2003 / 9
Bulletin Reports

National Criminal History


Improvement Program, 2002
The U.S. Department of Justice announced that it is awarding over $36 million
to the 50 states, District of Columbia, and three territories to improve the quality
and accessibility of the nation’s criminal history record systems. States can use the
funds for a variety of purposes, including to strengthen their criminal record
systems to support the nation’s efforts to reduce crime and fight terrorism.
Funding, which is approved under the U.S. Department of Justice’s National
Criminal History Improvement Program (NCHIP), is administered by the Office of
Justice Programs’ (OJP) Bureau of Justice Statistics (BJS). The goal of NCHIP is to
improve the nation’s public safety by enhancing and upgrading the nation’s crimi-
nal history records, which are used for background checks for firearms purchases,
criminal sentencing, and employment in sensitive jobs. Since the program was
initiated in 1995, the U.S. Department of Justice has awarded nearly $391 million
to the states and territories, which has led to a 23 percent increase in the number of
criminal history records held nationwide and a 40 percent increase in the number of
automated records available to
law enforcement.
A list of projects under-
taken by states with previous Mediation Programs
NCHIP awards is contained
on the OJP Web site at http:// Mediating Citizen Complaints Against Police Officers: A
www.ojp.usdoj.gov/bjs/ Guide for Police and Community Leaders addresses the imple-
nchip.htm. Additional informa- mentation, expectations, and evaluation of mediation programs.
tion about BJS, NCHIP, or The mediation process focuses on solving problems by under-
other OJP programs can be standing the conflict and the stakeholders involved, not on
found on the OJP Web site placing blame. Mediation programs have been successful in
at http://www.ojp.usdoj.gov. settling disputes, but implementing them can be difficult. This
Office of Community Oriented Policing Services guide by
Samuel Walker, Carol Archbold, and Leigh Herbst examines
how to deal with implementation obstacles and how to over-
come police and citizen resistance to a mediation program. It
also reviews a successful mediation process for communities
considering developing a mediation program. Key issues, such
as eligibility, cultural barriers, and creating a level playing field
between the police and those involved in the conflict, are
discussed. For availability and ordering information, contact the
U.S. Department of Justice Response Center at 800-421-6770 or
access the guide electronically at http://www.cops.usdoj.gov/
pdf/e04021486web.pdf.

10 / FBI Law Enforcement Bulletin


Public Safety Officers’ Benefits and
Educational Assistance Programs
The Public Safety Officers’ Benefits (PSOB) program and the Public Safety Officers’ Educational
Assistance (PSOEA) program provide valuable benefits to the families of public safety officers whose
deaths or permanent and total disabilities are the direct result of a traumatic injury sustained in the line
of duty. The U.S. Department of Justice’s Bureau of Justice Assistance (BJA) manages both programs.
The PSOB program provides a one-time financial benefit to the eligible survivors of public safety
officers. The program offers peace of mind to men and women seeking careers in public safety and
makes a strong statement about the value American society places on the contributions of those who
serve their communities in potentially dangerous circumstances.
Initially, the PSOB program provided benefits only to state and local law enforcement officers and
firefighters. However, in 1984, it was expanded to include federal law enforcement officers and
firefighters, and, since 1986, it has covered federal, state, and local public rescue squads and ambu-
lance crews. PSOB program benefits are not subject to federal income tax, federal estate tax, or
attachment by creditors. State and local benefits must not be reduced by benefits received under the
PSOB Act, and the PSOB program benefit is not reduced by any benefit received at the state or local
level.
The PSOEA program was established in 1998 to provide educational assistance to spouses and
children of police, fire, and emergency public safety personnel killed or permanently and totally
disabled in the line of duty. PSOEA program benefits may be used solely to defray educational ex-
penses, including tuition, room and board, books, supplies, and education-related fees. Assistance
under the PSOEA program is available for 45 months for full-time education or training or for a
proportional period of time for a part-time program.
For additional information on these two programs, contact the Office of Benefits, Bureau of
Justice Assistance, 810 Seventh Street, N.W., Washington, D.C. 20531, telephone 888-744-6513, fax
202-616-0314, e-mail: AskBJA@ojp.usdoj.gov. To obtain a copy of the July 2001 programs’ fact
sheets, access the Bureau of Justice Assistance’s Web site at www.ojp.usdoj.gov/BJA.

Bulletin Reports is an edited collection of criminal justice studies,


reports, and project findings. Send your material for consideration
to: FBI Law Enforcement Bulletin, Room 209, Madison Building,
FBI Academy, Quantico, VA 22135. (NOTE: The material in this
section is intended to be strictly an information source and should
not be considered an endorsement by the FBI for any product or
service.)

May 2003 / 11
© PhotoDisc

Writing a Winning
Grant Proposal
By JON M. SHANE

A t a time when many com-


munities, through their
elected officials, are ask-
ing law enforcement agencies to do
however, can provide a source of
relief for fiscally strapped cities and
towns. Whether their law enforce-
ment agencies are large or small, all
the 1970s, much has not. These
same themes continue to dominate
most program strategies.
Improvement and change repre-
more with less, using grant funds to communities can benefit from using sent the key considerations of most
supplement departmental budgets grants.1 grants. Whether a department’s cur-
provides a perfect route toward During the 1970s, the Law En- rent methods and operations need
achieving their goals. Policing is an forcement Assistance Administra- improvement or its practices need
expensive endeavor, sometimes ac- tion (LEAA) began establishing to change to conform to contempo-
counting for as much as 20 to 30 grant programs. The LEAA pro- rary standards, grants serve to
percent of a city’s entire budget, gram sought to improve the infra- bridge the gap between imagination
with the police department often structure and to bring about change and practice.
dedicating 90 to 97 percent of its within law enforcement agencies. Receiving grant funds can
budget to salaries and benefits. That Purchasing equipment, sharing prove advantageous. A combina-
leaves very few dollars for equip- technology, hiring personnel, and tion of hiring initiatives and equip-
ment or overtime to embark upon increasing training were the themes. ment purchases will improve ser-
new initiatives. Grant programs, Although much has changed since vice delivery while bolstering a

12 / FBI Law Enforcement Bulletin


department’s image and reputation. receives. Not so, grants are both federally sponsored information
Moreover, the public is the indirect competitive and often discretion- clearinghouse for people around the
recipient of the grant award. A ary. To the uninitiated, writing country and the world involved
department’s grantsmanship can competitive discretionary grants is with research, policy, and practice
have a profound effect on crime, the intimidating. The entire research related to criminal and juvenile jus-
fear of crime, correctional measures and writing process often appears to tice and drug control.4
and alternatives, juvenile delin- require a creative genius and may When contacting the funding
quency, and the overall quality of not result in an award. However, if source, the department should ask
life for every citizen the agency departments follow some basic for an RFP (request for proposal),
serves. principles, they can learn not only the official announcement from the
Conversely, disadvantages also where to seek funding but how to source indicating the availability of
can occur when applying for fund- write a winning grant proposal and grant funds. The funding source
ing. The process can be labor inten- improve their prospects for obtain- may have many RFPs available. If
sive and involve conducting re- ing some much-needed funds. so, a department should specify
search, designing charts, obtaining which RFPs it needs, such as ones
letters of support, gathering en- FUNDING SOURCES for hiring personnel, purchasing
dorsements, and forming partner- Departments can contact a vari- equipment, or creating a special ini-
ships. Then, should funding be ety of funding sources, from federal tiative for a target population. If the
awarded, the department must ad- and state agencies to private corpo- funding source states that it does
here to special conditions set by the rations. The most overlooked not have an RFP that fits a specific
funding source. Finally, the funding source is the private sector. Many program, then the department
source monitors and tracks the companies have a philanthropic ex- should request all available RFPs.
grant. Did the department meet its tension willing to fund projects and Sometimes, the person receiving
intended goals? Did the department programs that represent their the call may not have sufficient
supplant?2 Is the department at risk company’s interests. 3 Another training to interpret the request,
for an audit? The funding source source is the National Criminal Jus- possess a criminal justice back-
also requires a myriad of different tice Reference Service (NCJRS), a ground, or fully understand what
forms and reports—usually on a
monthly, quarterly, and annual ba-
sis—all due amid the department’s
regular work, of course.
All too frequently, criminal jus-
tice agencies find themselves sepa-
rated from the grant process be-
cause of inexperience. Where do we
find the funds? How do we apply?
“ Whether their law
enforcement agencies
are large or small, all
What’s expected of us? These ques-
tions come from all agency execu- communities can
tives seeking grant funds for the benefit from using
first few times. The assumption is grants.
that when the chief says to the
deputy chief, “I want you to apply
for this grant. Just write it up and
get it done,” miraculously, the fund-
ing source will select that proposal
over the 2,000 other proposals it

Captain Shane is the commanding officer of the Policy and Planning
Division of the Newark, New Jersey, Police Department.

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.

14 / FBI Law Enforcement Bulletin


Sample Goals and Objectives
Goals
• To reduce narcotics complaints by 25 percent within the first 6 months
• To secure guilty pleas or convictions in 80 percent of all cases

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

Authoritative Support statements of authorities because of general principle of the proposal.


For nearly every program that a the special knowledge or experi- By using a hypothetical example,
department can conceive, an au- ence that these individuals possess the grant writer creates a realistic
thoritative documented source ex- about the topic in question. scenario related directly to the pro-
ists that will support the concept.7 posal and captivates the reader
Grant writers use authoritative sup- Concrete Examples (again, the review team). Then, by
port when they cite respected au- “Research has shown that incorporating real statistics into the
thors or publications on the topic vivid, concrete examples have more example, the writer gives the per-
under consideration. This demon- impact on [readers’] beliefs and ac- ception that this undoubtedly could
strates that the department is not tions than any other kind of support- happen in real life. Indeed, the grant
just espousing a theory or advanc- ing material.” 8 With examples, writer should use statistics to sup-
ing a supposition but showing that ideas become specific, personal, port a hypothetical example so that
recognized authorities have studied and lively.9 Grant writers can use it does not seem too far-fetched.
the topic scientifically or proven the two types of examples, factual and
theory. Most people are influenced hypothetical. A factual example de- Statistical Illustrations
by the testimony of others when scribes a true incident as it relates to Because this is an age of statis-
dealing with unfamiliar topics. the proposal. A hypothetical ex- tics, expressing what actually is
The reader (in this case, the ample, on the other hand, depicts an meant numerically often gives oth-
review team) will tend to respect the imaginary situation (often, fiction ers a sense of security in their own
direct quotations or paraphrased based on fact) that relates to the knowledge. It also affords the

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

16 / FBI Law Enforcement Bulletin


money into the department. Grant Content employ all of the common punctua-
writers are selling something—a Content includes the language, tion marks, including the period,
concept, a belief in their cities and grammar, and punctuation that the comma, exclamation point, ques-
departments. They must convince writer employs. Words are the tools tion mark, semicolon, and colon.
people to invest in them because of the writing craft. Writers must
they have a worthwhile service to choose the right words for the task PROPER ORGANIZATION
offer. Therefore, grant writers they want to accomplish. They The funding source sets the
should draft their proposals with the should not use words unless they substantive provisions of the grant.
two basic principles of presentation These will vary among sources, but
and content at the forefront. all have the basic requirements of
the problem statement, goals and
Presentation objectives, program strategy, and
Presentation probably repre- budget narrative. Other substantive
sents the single most salient feature requirements that funding sources
of grant packages because no sec- may desire include management
ond chances exist in first impres- structure, organizational capability,
sions. Therefore, the grant writer an abstract, a curriculum vitae of
should— each participant, matching funds re-
• create the document on a quirement (local match sources),
quality word processing projected milestones or accom-
program, never handwrite plishments, geographic location, a
the proposal; statement of the program’s antici-
pated contribution to criminal jus-
• put headers and footers in the © PhotoDisc
tice policy and practice, the
document and number each know their meanings. If uncertain, program’s continuation and reten-
page; writers should check the dictionary. tion, additional resource commit-
• use letterhead with original They also should vary their words, ments, and a statement of the
signatures and never fold or but not use complicated ones, ex- program’s contribution to the
crease the paper; cept when explaining or clarifying state’s strategy (Byrne formula).11
• print in color, but do not make difficult subjects (e.g., DNA testing Because many departments
the document gaudy with too procedures, forensic science mate- seeking grant funds do not follow a
many different colors; rials, or computer equipment). predefined format, their applica-
Writers always should use bias-free tions may not flow logically. By fol-
• include charts and graphs to language. They should not refer to lowing some simple steps, however,
depict data; all members of an occupational grant writers can ensure that their
• organize the document logi- group with a masculine pronoun. proposals have a smooth continuity,
cally and according to RFP Instead, they should say he or she or thereby increasing their chances of
requirements; change the noun to plural and use obtaining an award.
• grammar check and spell the pronoun they. Writers should
work with the eight parts of Cover
check the document and have
it proofread by another person; speech—nouns, pronouns, verbs, Grant writers should design a
adjectives, adverbs, prepositions, bold and attractive cover that in-
• bind the document in quality conjunctions, and interjections— cludes the name of the grant, a sub-
material; and, most of all, recognized as the traditional parts title if necessary, the names of both
• follow the instructions offered of English grammar. Finally, writ- the grant program and the funding
by the funding source. ers should ensure that they correctly source, the date of submission, the

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

18 / FBI Law Enforcement Bulletin


Funding Sources

Federal

Bureau of Justice Assistance (BJA) The Office of Community Oriented


1-800-421-6770 Policing Services (COPS Office)
http://www.ojp.usdoj.gov/BJA/ 1-800-421-6770 or
202-616-3031
Office of Juvenile Justice and http://www.usdoj.gov/
Delinquency Prevention (OJJDP)
202-307-5911 Office for Victims of Crime (OVC)
http://ojjdp.ncjrs.org/ 1-800-627-6872
http://www.ojp.usdoj.gov/ovc/
National Institute of
Corrections (NIC) National Institute of Justice (NIJ)
1-800 995-6423 1-800-851-3420
http://www.nicic.org/ http://www.ojp.usdoj.gov/nij/

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

20 / FBI Law Enforcement Bulletin


8
social need (e.g., a quality-of-life issue or an policy debate. Its Web site is http:// Thomas R. Kobella, Jr., “Persuading
auto-theft-suppression effort). Private www.policeforum.org. Both organizations have Teachers to Reexamine the Innovative
companies enjoy associating their names with conducted studies, such as The Newark Foot Elementary Science Programs of Yesterday:
projects and programs that reflect their business Patrol Experiment, The Kansas City Preventive The Effect of Anecdotal Versus Data Sum-
(e.g., insurance companies often donate Patrol Experiment, Racially Biased Policing: A mary,” Journal of Research in Science
vehicles, while computer firms provide Principled Response, and The Police Response Teaching 23 (1986): 437-449.
9
hardware and software). to Gangs: Case Studies of Five Cities, and have For example, the Bible is an extraordinary
4
For more information, contact NCJRS at compiled publications on preparing grant source of examples where stories, parables, and
http://www.ncjrs.org or at 800-851-3420. proposals. anecdotes make abstract principles clear and
5 7
A meta search engine, an Internet “search For example, if the program is a patrol compelling.
10
engine of search engines,” accesses several augmentation program, grant writers could Diana Hacker, The Bedford Handbook for
other Internet search engines at the same time consider authors, such as Charles D. Hale or Writers (New York, NY: St. Martin’s Press,
for the information requested. This covers more Tony Pate; for a community policing program, 1991).
11
territory with one request as opposed to having they might try authors Robert Trojanowicz, Edward Byrne Memorial State and Local
to go through each individual search engine. James Q. Wilson, and George L. Kelling; for a Law Enforcement Assistance Formula Grants,
6
For example, the Police Foundation, an problem-solving or situational crime prevention Office of Justice Programs, Bureau of Justice
independent and unique resource for policing, program, they could review works by Ronald V. Assistance, U.S. Department of Justice,
acts as a catalyst for change and advocate for Clarke, Marcus Felson, or Herman Goldstein; Washington, DC 20531; contact the State and
new ideas and has a Web site at http:// for a juvenile justice program, they might Local Assistance Division at 202-305-2088 or
www.policefoundation.org. Also, the Police consider authors John T. Whitehead and Steven access http://www.usdoj.gov.
12
Executive Research Forum (PERF), a national P. Lab; and for a supervision program, they In 1917, Henry L. Gantt, an American
membership organization of progressive police could look at works by Nathan F. Iannone. engineer and social scientist, developed a
executives from the largest city, county, and These individuals represent some of the most horizontal bar chart as a production control tool
state law enforcement agencies, is dedicated to influential academics and practitioners who to provide a graphical illustration of a schedule
improving policing and advancing professional- have used scientific methods to lend credibility that helps to plan, coordinate, and track specific
ism through research and involvement in public to the social sciences, particularly policing. tasks in a project.

The Bulletin’s
E-mail Address

T he FBI Law Enforcement Bulletin staff invites


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

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

22 / FBI Law Enforcement Bulletin


Legal Digest

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

24 / FBI Law Enforcement Bulletin


probability that a person is in ‘dan- justify its initiation.’”27 For ex- corroborate the reliability of an
ger.’”20 It often is difficult to deter- ample, if the emergency involves an anonymous tip before acting.30 For
mine if courts are talking about rea- entry to search for and aid injured example, in Kerman v. City of New
sonable suspicion, probable cause, persons, a search of desk drawers York,31 police received an anony-
or something in between, as the is unreasonable and risks not only mous 911 call that “a mentally ill
proper test. suppression of any evidence found man [at a specified location] was off
Two conclusions can be drawn. but also a possible civil suit for his medication and acting crazy and
First, courts likely will be flexible violation of the Fourth Amend- possibly had a gun.” The federal
when they assess officers’ actions ment.28 Of course, during any law- court held that “[b]ased on the ab-
in response to emergencies. They ful emergency search, officers may sence of evidence in the record
recognize that officers must act seize without a warrant items in to corroborate the 911 call and
quickly, often upon ambiguous, in- plain view that they have probable the protections afforded to private
complete information. 21 Courts un- cause to believe are evidence or dwellings under the Fourth
derstand that “police officers must contraband. 29 Amendment…the officers’ war-
be given authority and flexibility to rantless entry into [the] apartment
act quickly, based on limited infor- violated the Fourth Amendment.”32


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

26 / FBI Law Enforcement Bulletin


victims of gunfire.”43 The court rea- police action. In Colorado v. justifying the warrantless entry and
soned that “when an emergency is Thompson,48 officers received an limited search of [the] residence.”50
reported by an anonymous caller, anonymous call of a “domestic dis- The court noted that upon entry
the need for immediate action may pute, a man beating a woman.” the officers did no more “than
outweigh the need to verify the reli- Upon arrival, the officer observed conduct a quite limited search of
ability of the caller.”44 gun shell casings on the driveway the premises to ascertain whether
If officers hear sounds of vio- and blood on the front door. The additional injured persons were
lence or fighting at the scene of an door was ajar, and the glass in the present.”51 Significantly, given their
anonymous report of a disturb- front door was shattered around the other observations at the scene, the
ance, most courts will find probable door knob. The officer knocked on police were not bound by the
cause or reasonable grounds to be- the door and a woman appeared, woman’s statements that there
lieve that exigent circumstances was no further problem, and it was
exist. For example, in Ohio v. permissible to search the location


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.

28 / FBI Law Enforcement Bulletin


Type of Victim siblings close in age to those anonymous call did not preclude a
Courts may consider the vul- identified by the caller. This inves- finding that the police reasonably
nerability of a potential victim in tigation identified three families believed an emergency existed.
assessing an anonymous report. In that might be involved, including Similarly, a delay by police to wait
Wisconsin v. Boggess,65 this factor, the defendant’s family. After for backup officers before entering
among others, was used to justify a checking the other two residences, a potentially dangerous location
warrantless entry to check the wel- police arrived at the defendant’s was permissible as a “reasonable
fare of children who were the house nearly 4 hours after the first precautionary measure.”69 Finally,
subject of an anonymous report call was received. At the scene, police are not required to accept a
concerning their physical abuse. neighbors informed police that the layperson’s determination that
Among the factors cited by the children had been seen playing in someone already is dead.70
court in finding the warrantless, the yard; this further aroused the
nonconsensual entry into the house officers’ suspicions because the CONCLUSION
by a police officer and social children’s father had informed the Officers should not hesitate to
worker to be reasonable was that the school that the children were on a act reasonably to preserve life and
call “involved small children inside vacation. The officers checked the protect others in potentially danger-
a home, who are less able to protect © Mark C. Ide ous situations. Accordingly, offi-
themselves from further harm or to cers can follow certain guidelines to
independently seek medical atten- help support the legal justification
tion than are adults.”66 for such actions taken in response to
anonymous calls.
Delay to Investigate • Take reasonable steps to
Courts typically analyze exi- identify the caller before
gent circumstances in terms of a making the entry if circum-
need for “immediate” action. None- stances permit. Of course,
theless, a reasonable delay to inves- if the circumstances indicate
tigate, obtain further information, an immediate need to act
and corroborate an anonymous call (e.g., screams for help,
will not defeat an otherwise valid sounds of a struggle, shots
assertion of the emergency excep- being fired), this may not be
tion. For example, in one case, the practicable.
defendant made three anonymous exterior of the house and found a
• Where safe and feasible, take
calls to a confidential police broken windowpane next to a door-
reasonable steps to investigate
“helpline” stating that “he had shot knob, which raised a suspicion that
and corroborate the anony-
and believed he had killed his wife 4 a burglary may have occurred.
mous call before acting. This
days earlier; that his wife’s body There was a further brief delay
may include speaking to
was in an upstairs bedroom near a while officers at the scene decided
neighbors and other persons
bathroom; and that he had his four what to do. Eventually, officers en-
in the vicinity.
children, at home with him, who tered the house and located the de-
ranged in age from a 12-year-old fendant and his children, the body • Where safe and feasible,
male to a 2-year-old female.”67 of the defendant’s murdered wife, attempt to obtain a valid
The caller arranged to meet po- and other evidence. The court held consent to enter and conduct
lice but failed to appear as agreed. that entry and search was lawful and the necessary search. This will
Thereafter, detectives sought to all evidence was admissible.68 The provide an independent basis
identify and locate the caller by delay of several hours to identify to establish the legality of
checking for school absences of the possible location involved in the police action.

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.”).

30 / FBI Law Enforcement Bulletin


3 23
United States v. Holloway, 290 F.3d 1331, exercised by law enforcement officers See, e.g., Welsh v. Wisconsin, 466 U.S.
1339 (11th Cir.), rehearing and rehearing en which, in and of itself, justifies the warrantless 740, 750 (1984); Holloway, 290 F.3d at 1337;
banc denied, cert. denied, ___ U.S. ___, 2003 entry.”). Mitchell, 347 N.E.2d at 609-10.
16 24
WL 138487 (U.S. Jan. 21, 2003). See Mincey, 437 U.S. at 392; see also LaFave, § 6.6(a) at 391 (quoting State v.
4
The Fourth Amendment states: “The right supra note 8; New York v. Harris, 495 U.S. 14 Sanders, 8 Wash. App. 306, 506 P.2d 892
of the people to be secure in their persons, (1990); Steagald v. United States, 451 U.S. 204 (1973)); cf. Florida v. J.L., 529 U.S. at 271
houses, papers, and effects, against unreason- (1981). (The fact that the subject actually had a gun
17
able searches and seizures, shall not be violated, See, e.g., Holloway, 290 F.3d at 1337; does not provide a reasonable basis for a stop
and no Warrants shall issue, but upon probable Kerman v. City of New York, 261 F.3d 229, 236 and frisk based on an anonymous call because
cause, supported by Oath or affirmation, and (2d Cir. 2001); Tierney v. Davidson, 133 F.3d “[t]he reasonableness of official suspicion must
particularly describing the place to be searched, 189, 196-97 (2d Cir. 1998); United States v. be measured by what the officers knew before
and the persons or things to be seized.” Johnson, 9 F.3d 506, 509 (6th Cir. 1993), cert. they conducted their search.”).
5 25
United States v. United States District denied, 512 U.S. 1212 (1994); United States v. Holloway, 290 F.3d at 1340 (quoting
Court, 407 U.S. 297, 313 (1972). Wiggins, 192 F. Supp. 2d 493, 498-501 (E.D. Wayne, 318 F.2d at 212 (“When policemen,
6
Payton v. New York, 445 U.S. 573, 586 Va. 2002); United States v. Fisher, 145 F. firemen, or other public officers are confronted
(1980). Supp. 2d 853, 858 (E.D. Mich. 2001); with evidence which would lead a prudent and
7
Arkansas v. Sanders, 442 U.S. 753, 759 Commonwealth v. Richter, 791 A.2d 1181, reasonable official to see a need to act to protect
(1979). 1185 (Pa. Super. 2002); State v. DeCoteau, 592 life or property, they are authorized to act on
8
Minnesota v. Olsen, 495 U.S. 91 (1990). N.W.2d 579, 582 (N.D. 1999); People v. that information, even if ultimately found
9
Warden v. Hayden, 387 U.S. 294, 298-99 Mitchell, 347 N.E.2d 607, 609 (N.Y.), cert. erroneous.”)).
26
(1967). denied, 426 U.S. 953 (1976). The U.S. Supreme Court has had several
10 18
United States v. Santana, 427 U.S. 38 Kerman v. City of New York, 261 F.3d at occasions to analyze the reliability of anony-
(1976). 236 (citing Tierney v. Davidson, 133 F.3d at mous tips, calls, or reports in other contexts.
11
Id. 196-97). Probable cause to believe an See, e.g., Florida v. J.L., 529 U.S. 266 (2000)
12
Supra note 8; Thompson v. Louisiana, emergency exists provides an independent basis (using anonymous information to establish
469 U.S. 17 (1984); Mincey v. Arizona, 437 to make an entry; police officers are “not reasonable suspicion for a “Terry stop”);
U.S. 385, 392-93 (1978). required to have both probable cause to obtain a Alabama v. White, 496 U.S. 325 (1990) (same);
13
Mincey, 437 at 392 (footnotes omitted). search or arrest warrant and knowledge of Illinois v. Gates, 462 U.S. 213 (1983) (using
14
Michigan v. Tyler, 436 U.S. 499, 509 exigent circumstances.” People v. McKiearnan, anonymous information to establish probable
(1978); see also Anthony v. City of New York, 2002 WL 1365550 at *4 (italics added). cause for a search warrant). However, the Court
19
No. 00 CIV.4688(DLC), 2002 WL 731719 at 3 Wayne R. LaFave, Search and Seizure- has not yet directly addressed the issue of police
*5 (S.D.N.Y. Apr. 25, 2002) (“[T]he substance A Treatise on the Fourth Amendment (LaFave), entry and search of a residence in response to
of the call—a plea from a terrified woman who § 6.6(a) at 392-93 (footnotes and citations an anonymous call reporting an emergency
claimed to be under attack—created exigent omitted). This test sometimes is referred to as situation. See, e.g., J.L., 529 U.S. at 274-75
circumstances, justifying and, indeed, the “Mitchell test,” as it was first articulated in (“The facts of this case do not require us to
requiring, an immediate response.”); State v. Mitchell, 347 N.E.2d at 609. This commentator speculate about the circumstances under which
Applegate, 626 N.E.2d 942 (Ohio 1994) also has noted that the continued vitality of the the danger alleged in an anonymous tip might
(exigent circumstances justify a warrantless “primary motive” requirement is “unclear.” be so great as to justify a search without a
entry into a residence pursuant to an emergency LaFave, § 6.6(a) at 393 n.16 (3d ed. 1996); see showing of reliability.”).
27
call reporting domestic violence). also United States v. Whren, 517 U.S. 806 Mincey, 437 U.S. at 392-93 (quoting
15
As explained by the U.S. Supreme Court, (1996); Scott v. United States, 436 U.S. 128 Terry v. Ohio, 392 U.S. 1, 25-26 (1968)).
28
this is “what, for want of a better term, may be (1978). Even when the “primary motive” test is United States v. Murphy, 241 F.3d 447,
described as community caretaking functions, applied, response to the emergency need not be 457 (6th Cir.), cert. denied, 532 U.S. 1044
totally divorced from the detection, investiga- the sole police motive. Officers responding to (2001); Tierney, 133 F.3d 189; Kerman, 261
tion, or acquisition of evidence relating to the the emergency need not “be totally uncon- F.3d 229; Anthony, 2002 WL 731719; Feathers
violation of a criminal statute.” Cady v. cerned with the collection of evidence or the v. Aey, 196 F. Supp. 2d 530 (N.D. Ohio 2002);
Dombrowski, 413 U.S. 433, 441 (1973). For an capture of criminals.” LaFave, § 6.6(a) at 393 People v. Thompson, 770 P.2d 1282, 1285
interesting application of the “community n.15 (quoting People v. Duncan, 42 Cal.3d 91 (Colo.) (1989) (en banc).
29
caretaking” doctrine see People v. McKiernan, (1986)) (italics in original); accord People v. Mincey, 437 U.S. at 393; see also Horton
No. F037120, 2002 WL 1365550 at *6 Snead, 1 Cal. App. 380 (1991). v. California, 496 U.S. 128, 133-34 (1990);
20
(Cal.App. 5 Dist. June 24, 2002) (unpublished) Supra note 18. Illinois v. Andreas, 463 U.S. 765, 771 (1983);
21
(“The storage of human remains in a private Holloway, 290 F.3d at 1339; Kerman, Michigan v. Tyler, 436 U.S. 499, 509-10
residence both offends the dignity of the 261 F.3d at 235 (citing Graham v. Connor, (1978); Coolidge v. New Hampshire, 403 U.S.
deceased and places the public health at risk.... 490 U.S. 386, 397 (1989)); see also, LaFave, 443, 465-66 (1971); Harris v. United States,
Accordingly, investigation and removal of § 6.6(a) at 391. 390 U.S. 234 (1968).
22 30
unlawfully disposed human remains is an Id. at 1339-40 (citing Wayne v. United In some cases, the initial call was placed
important community caretaking function States, 318 F.2d 205, 212 (D.C. Cir. 1963)). anonymously, but the caller was present at the

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.

32 / FBI Law Enforcement Bulletin


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

Sergeant John Hollwedel and


Officers Charles Clanton and
Patrick McCormick of the Old
Brookville, New York, Police
Department responded to a call to
check on the welfare of a family.
The police department was unable to
contact the family by telephone, and
the officers received no answer
when they knocked on several
Sergeant Hollwedel Officer Clanton Officer McCormick doors. Relatives assured them that
the family was home. Sergeant
Hollwedel and Officer Clanton forced entry into the residence. They discovered that the male resident
had committed suicide by carbon monoxide poisoning. They found him in the driver’s seat of a vehicle
parked in the attached garage. The deadly gas had filtered into the rest of the home, leaving the wife
deceased and the 5-year-old daughter unconscious. Officer Clanton removed the girl from the home
and performed CPR that ultimately proved unsuccessful. Although aware of their exposure to high
levels of carbon monoxide, Sergeant Hollwedel and Officer McCormick repeatedly searched the
house. They found the couple’s two other daughters, ages 2 and 8, unconscious inside the home. After
removing them from the dangerous conditions and returning to the home, they located an unconscious
female maid and removed her to safety. Although this tragedy claimed three lives, the quick decisive
actions of Sergeant Hollwedel and Officers Clanton and McCormick saved three innocent people from
certain death.

Officer Dennis McDaniel of the Morris, Alabama, Police Department


responded to a report of a possible fire at an apartment. Upon arrival at the scene
and prior to the arrival of the fire department, Officer McDaniel heard the smoke
alarm sounding and smelled smoke emitting from the residence. Gathering from
neighbors that the resident still was inside, Officer McDaniel forced entry into
the building and found the female resident unconscious from smoke inhalation.
Officer McDaniel checked for other occupants, found none, and removed the
victim to safety. The professionalism and humanitarianism of Officer McDaniel,
along with his willingness to put his own life at risk, saved the victim’s life.

Officer McDaniel
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