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November 2003

Volume 72
Number 11
United States
Department of Justice
Federal Bureau of Investigation
Washington, DC 20535-0001

Robert S. Mueller III


Director
Contributors’ opinions and statements Features
should not be considered an
endorsement by the FBI for any policy,
program, or service.

The attorney general has determined Data Mining and Law enforcement agencies can use data
that the publication of this periodical is
necessary in the transaction of the
public business required by law. Use
Value-Added Analysis 1 mining to help them effectively examine
large amounts of data and, ultimately, to
of funds for printing this periodical has By Colleen McCue, Emily S. Stone,
fulfill their missions.
been approved by the director of the and Teresa P. Gooch
Office of Management and Budget.

The FBI Law Enforcement Bulletin


(ISSN-0014-5688) is published Health Club Exercise enthusiasts have begun to fall
monthly by the Federal Bureau of
Investigation, 935 Pennsylvania
Credit Card Theft 8 victim to a small number of thieves who
steal credit cards from lockers at health
Avenue, N.W., Washington, D.C. By Richard A. Ballezza clubs.
20535-0001. Periodicals postage paid
at Washington, D.C., and additional
mailing offices. Postmaster: Send Community Corrections A partnership between corrections and
address changes to Editor, FBI Law
Enforcement Bulletin, FBI Academy,
Madison Building, Room 209,
and Community Policing 20 police officers can greatly enhance
community supervision efforts.
Quantico, VA 22135.
By David Leitenberger, Pete
Semenyna, and Jeffrey B. Spelman
Editor
John E. Ott The Discovery Process and Officers who intentionally withhold
Associate Editors
Cynthia L. Lewis
Personnel File Information 25 information that affects their credibility
deprive defendants of their constitutional
David W. MacWha By Richard G. Schott right to due process.
Bunny S. Morris
Art Director
Denise Bennett Smith
Assistant Art Director
Stephanie L. Lowe
Departments
Staff Assistant
Linda W. Szumilo
6 Book Review 19 The Bulletin Honors
This publication is produced by
members of the Law Enforcement Patrol Operations and
Communication Unit, Training Division. Enforcement Tactics 24 Bulletin Reports
Drugs
Internet Address
14 Police Practice Victims
leb@fbiacademy.edu
Responding to Individuals
Cover Photo with Mental Illness 32 Crime Data
© Don Ennis
Law Enforcement
Send article submissions to Editor, Fatalities
FBI Law Enforcement Bulletin, FBI
Academy, Madison Building, Room
209, Quantico, VA 22135.

ISSN 0014-5688 USPS 383-310


© Adobe Image Library

Data Mining and


Value-Added Analysis
By COLLEEN McCUE, Ph.D., EMILY S. STONE, M.S.W.,
and TERESA P. GOOCH, M.S.

We are drowning in information


but starved for knowledge.

—John Naisbitt

L aw enforcement agen-
cies, particularly in view
of the current emphasis
on terrorism, increasingly face
the challenge of sorting through
large amounts of information
needed to help them make in-
formed decisions and success-
fully fulfill their missions. At the
same time, resources, particu-
larly personnel, often dwindle.
Described by one agency as the
“volume challenge,” 1 local,
state, and federal agencies alike
all struggle with an ever-increas-
ing amount of information that

November 2003 / 1
far exceeds their ability to intelligence data.2 Fortunately, not easily detected through
effectively analyze it in a timely because of recent developments traditional analytical techniques
fashion. in data mining, they do not have alone.3 This information then
However, while these issues to possess technical proficiency may help with various purposes,
have surfaced, an extremely to use this tool, only expertise in such as the prediction of future
powerful tool has emerged from their respective subject matter. events or behaviors.
the business community. This Domain experts, or those
tool, used by mortgage brokers WHAT IS DATA MINING? with expertise in their respective
to determine credit risk, local Data mining serves as an au- fields, must determine if infor-
supermarkets to ascertain how to tomated tool that uses multiple mation obtained through data
strategically stock their shelves, advanced computational tech- mining holds value. For ex-
and Internet retailers to facilitate niques, including artificial intel- ample, a strong relationship
sales, also can benefit law en- ligence (the use of computers to between the time of day and a
forcement personnel. Com- perform logical functions), to series of robberies would prove
monly known as data mining, fully explore and characterize valuable to a law enforcement
this powerful tool can help large data sets involving one or officer with expertise in the in-
investigators to effectively and more data sources, identifying vestigation pertaining to this in-
efficiently perform such tasks significant, recognizable pat- formation. On the other hand, if
as the analysis of crime and terns, trends, and relationships investigators, while reviewing
historical homicide data, noticed
that victims normally possessed
lip balm, they would not, of
course, associate lip balm or
chapped lips with an increased
risk for death.
WHY USE DATA MINING
IN LAW ENFORCEMENT?
The staggering increase in
the volume of information now
flooding into the law enforce-
ment community requires the use
of more advanced analytical
Dr. McCue is the program Lieutenant Colonel Gooch serves as methods. Because data-mining
manager for the Crime Analysis assistant chief of the Richmond, software now proves user-
Unit of the Richmond, Virginia, Virginia, Police Department.
Police Department and holds
friendly, personal-computer
faculty appointments at Virginia based, and, thus, affordable, law
Commonwealth University. enforcement agencies at all lev-
els can use it to help effectively
Ms. Stone served as a crime analyst with the Richmond, Virginia, handle this increased flow of
Police Department.
data.

2 / FBI Law Enforcement Bulletin


The law enforcement com- problems more rapidly, poten- rapidly.6 Major case investiga-
munity can use data mining to tially saving both lives and tions, which frequently present
effectively analyze information resources. not only large volumes of infor-
contained in many large data Law enforcement agencies mation but also demands for
sets, even those involving writ- can consider exploring the use of rapid case resolution, serve as
ten narratives (which represent a data-mining applications to as- good examples of how law en-
great deal of valuable law en- sist them in a variety of areas. forcement agencies can benefit
forcement information). These Some examples include tactical from data mining in this regard.
may include calls for service crime analysis, deployment, risk
data, crime or incident reports, assessment, behavioral analysis, Deployment
witness statements, suspect in- DNA analysis, homeland secu- Law enforcement agencies
terviews, tip information, tele- rity, and Internet/infrastructure can use data-mining technology
phone toll analysis, or Internet protection. to help them deploy their re-
activity—almost any informa- sources, including personnel,
tion that law enforcement pro- more effectively and proactively.


fessionals encounter in the For instance, data mining can
course of their work.4 help them identify such key ele-
Not only can these data sets Because data-mining ments in a case or series of
differ by type but they can origi- software now events as patterns of time and
nate from different sources,5 po- proves user-friendly... location—by forecasting future
tentially giving law enforcement and, thus, affordable, events based on this historical
agencies both a more complete data, agencies potentially could
informational base from which
law enforcement anticipate strategic locations for
to draw conclusions and the abil- agencies at all levels deployment.
ity to identify related informa- can use it.... Data mining also allows


tion in separate databases or in- agencies to consider multiple
vestigations. For example, this variables at one time and to add
may prove valuable in the area of more weight to those considered
illegal narcotics enforcement. Tactical Crime Analysis most important to the decision at
The law enforcement commu- Data mining offers law en- hand. For example, patrol offic-
nity frequently gathers informa- forcement agencies potential ers, who generally respond to in-
tion regarding markets, trends, benefits in the area of tactical cidents with quick turnaround
and patterns, while medical crime analysis. For example, be- rates, may answer to numerous
and social services personnel cause agencies can use data min- calls for service and effect many
store information concerning ing for such purposes as to more arrests in a relatively short
substance use and abuse on the quickly and effectively identify amount of time. On the other
individual level. In instances relationships and similarities hand, death investigations can
where appropriate, the opportu- between crimes and to forecast require multiple officers’ entire
nity to combine these data re- future events based on historical shifts just to maintain the crime
sources can give investigators a behavioral patterns, they can scene perimeter; as a result, ho-
more complete picture and can develop investigative leads and micide investigators generally
help address various narcotics effective action plans more may handle considerably fewer

November 2003 / 3
incidents and arrests. To this use it to characterize the risk in- use data mining to identify com-
end, by weighing heavily such volved in various incidents. For mon behavioral characteristics
factors as the type and duration example, agency personnel can in different cases. Even when not
of these incidents, law enforce- explore the use of data mining to identifying a specific offender,
ment agencies can develop effec- identify common characteristics investigators may find it possible
tive deployment strategies. of armed robberies that ended in to gain some insight into what
By using data mining, law assaults; doing so then can help type of offender may prove re-
enforcement personnel, for pur- identify those that may escalate lated to a particular incident. Re-
poses of analysis, also can link into assaults in the future. Simi- search in this area, for example,
incidents, crimes, or changes in larly, in the past, certain types of has resulted in the use of data
crime trends to other types of mining to efficiently link serious
© PhotoDisc
events in making deployment sexual assault cases based on
decisions. For example, an similar offender behaviors.9
agency historically may have
noticed relationships between DNA Analysis
major weather events, such as Law enforcement agencies
snowstorms or hurricanes, and also can benefit from the use of
decreases in street crimes. Also, data mining when examining
they may have seen how the ar- DNA evidence. For example,
rests of key players in organized when DNA links a new suspect
crime or drug distribution rings to an old case, investigators logi-
seem to result in increased vio- cally may wonder what other
lence as informants are sought cases the suspect may be linked
and identified and as new leaders to. Given the amount of informa-
emerge during reorganization. tion involved, law enforcement
As another example, they may property crimes have proven re- personnel can find it virtually
associate increased apprehen- lated to subsequent stranger impossible to efficiently and
sion rates and a strong economy rapes.8 The ability to character- completely search old case files
with decreases in property ize property crimes as similar to each time they identify a new
crimes.7 By using data mining to those previously associated with suspect. To this end, compiling
consider such relationships, law subsequent sexual assaults can DNA information into a search-
enforcement agencies then can alert investigators to focus on able database gives law enforce-
deploy their personnel as they certain cases and develop effec- ment agencies a powerful tool to
deem necessary. tive action plans, perhaps pre- help identify, and potentially
venting many similar situations close, additional linked cases.
Risk Assessment from occurring in the future.
Much like lenders and credit Homeland Security
companies use data mining to Behavioral Analysis Processing and gaining
great effect in assessing the fi- The behavioral analysis of meaningful insight from the
nancial gamble involved with violent crime represents another staggering amount of data
lending money or extending area with significant potential critical to homeland security has
credit to individuals or groups, for data mining. For instance, proven difficult.10 Law enforce-
law enforcement agencies can law enforcement agencies can ment agencies can use data

4 / FBI Law Enforcement Bulletin


mining to help them face this characterizing and monitoring materials, may prove useful to
challenge. normal activity, as well as identi- entities with malicious intent.
For instance, investigators fying irregular or suspicious ac-
CONCLUSION
would like to anticipate, and tivity, proves applicable in the
thereby prevent, acts of terror- area of Internet and infrastruc- Law enforcement agencies
ism. By using data mining to ture protection. For example, the face an ever-increasing flood of
identify relevant historical pat- recognition of suspicious pat- information that threatens to
terns, trends, and relationships terns of Web site activity not overwhelm them; this will re-
involving terrorists, they could only can help in the area of tradi- quire a change in how they
accomplish this objective more tional intrusion protection but process and analyze data. Data-
effectively. also can serve as an important mining technology represents a
Also, because data mining warning about the release of in- powerful, user-friendly, and ac-
allows law enforcement agencies formation. The FBI’s National cessible new tool that agencies
to evaluate information in varied Infrastructure Protection Center can use to help them in facing
formats and from various data- (NIPC) recently underscored the this challenge as they seek to ful-
bases and agencies, it can enable fill their missions—ultimately,
them to effectively and effi- to ensure the safety and welfare


ciently analyze a wide range of of the public.
information that potentially Endnotes
could shed light on terrorist Law enforcement 1
Tabassum Zakaria, “CIA Turns to
activity. For example, by analyz- agencies can consider Data Mining”; retrieved on April 10, 2003,
ing information from multiple exploring the use from http://www.parallaxresearch.com/
health-related data sources, law of data-mining news/2001/0309/cia_turns_to.html.
2
enforcement agencies could The authors based this article largely
applications to assist on their experience with and research on
recognize significant patterns
of illness that may indicate
them in a variety the subject of data mining.
3

bioterrorism activity or the use of of areas. Bruce Moxon, “Defining Data


Mining”; retrieved on April 10, 2003, from


other weapons of mass destruc- http://www.dbmsmag.com/9608d53.html.
4
tion.11 Agencies also can use this Law enforcement agencies must
address appropriate constitutional and
capability to associate general legal concerns if using public source data
importance of reviewing all
crimes with terrorist activity by for law enforcement purposes.
Internet materials currently
linking them with additional in- 5
Law enforcement agencies, when
telligence—recent informationavailable, as well as those collecting information from different
considered for release, for poten-
suggesting links between ciga- sources, must decide how they will address
tial threats to critical infrastruc- the issue of cleaning the data, or preparing
rette smuggling and terrorist data for data-mining activities.
ture and homeland security.13
financing 12 serves as a valid 6
Donald Brown, “The Regional Crime
example. This warning comes as many Analysis Program (RECAP): A Frame-
municipal Web sites are receiv- work for Mining Data to Catch Criminals”;
Internet/Infrastructure ing suspicious activity and retrieved on April 10, 2003, from http://
Protection interest.14 This information par- vijis.sys.virginia.edu/publication/
RECAP.pdf.
The law enforcement com- ticularly includes that which, ei- 7
Ayse Imrohoroglu, Anthony Merlo,
munity may find that the ther on its own merits or in com- and Peter Rupert, “What Accounts for the
capability of data mining in bination with other open-source Decline in Crime?”; retrieved on April 10,

November 2003 / 5
2003, from http://www.clev.frb.org/ Held in San Francisco 26-29 August 2001, April 10, 2003, from http://www.scenpro.
Research/workpaper/2000/wp0008.pdf. (New York NY: ACM Press, 2001), 215- com/press%2009%20leaders.html.
8 12
Colleen McCue, Georgia Smith, 220. Paul Nowell, “Hezbollah in North
10
Robyn Diehl, Deanne Dabbs, James Supra note 1; and Eric Chabrow, Carolina?”; retrieved on April 10, 2003,
McDonough, and Paul Ferrara, “Why “The FBI Must Overhaul Its IT Infrastruc- from http://www.abcnews.go.com/sections/
DNA Databases Should Include All ture to Fulfill a New Mandate of Fighting us/dailynews/hezbollah010328.html.
13
Felons,” Police Chief, October 2001, Terrorism, Cyberattacks”; retrieved on National Center for Infrastructure
94-100. April 10, 2003, from http://www. Protection (NIPC), Highlights, Issue 11-
9
Richard Adderley and Peter informationweek.com/story/ 01, December 7, 2001; retrieved on April
Musgrove, “Data Mining Case Study: IWK20020602S0004; and Walter Pincus 10, 2003, from http://www.nipc.gov/
Modelling the Behaviour of Offenders and Dana Priest, “NSA Intercepts on Eve publications/highlights/2001/highlight-01-
Who Commit Serious Sexual Assaults,” in of 9/11 Sent Warning”; retrieved on April 11.htm.
14
Proceedings of the Seventh Association for 10, 2003, from http://www.secretpolicy. Barton Gellman, “Cyber-Attacks by
Computing Machinery (ACM) Special com/archives/00000073.html. Al Qaeda Feared”; retrieved on April 10,
11
Interest Group on Knowledge Discovery in Steve Bunk, “Early Warning: U.S. 2003, from http://www.washingtonpost.
Data (SIGKDD) International Conference Scientists Counter Bioterrorism with New com/wp-dyn/articles/A50765-2002
on Knowledge Discovery and Data Mining Electronic Sentinel Systems”; retrieved on Jun26.html.

Book Review

Patrol Operations and Enforcement including those aspiring for participation in


Tactics by George T. Payton and Michael academics, such readers will be impressed
Amaral, Criminal Justice Services, San Jose, with the book’s depth, practicality, compre-
California, 1996. hensiveness, and application to their jobs and
Patrol Operations and Enforcement positions. It is a well-designed and re-
Tactics is a comprehensive, straightforward searched effort that contains experiences of
book involving current law enforcement frontline uniform and plainclothes officers
activities. Both authors are experts in the laced with invaluable critical personal
fields of patrol operations, procedures, opinions.
tactics, and officer survival. Besides having It covers most of the latest professional
written numerous other related books and techniques and methods of operation and
articles, they teach extensively at local knowledge coupled with skills for the new
colleges and universities and provide recruit, officers with limited experience, as
training for many officers throughout the well as veteran law enforcement personnel.
United States. Each has received much As a book, it lends itself to the safety and
recognition from peers and various profes- survival of officers facing grave situations
sional organizations. and assists them in enhancing the lessening
They comment that their book is not the of officer-induced errors and mistakes.
“gospel of patrol operations,” but when read A snapshot of the book’s content reveals
by those with law enforcement experience, a law enforcement code of ethics and a police

6 / FBI Law Enforcement Bulletin


code of conduct, detailed preventive and locker rooms (even what officers should keep
selective enforcement operations, and types in their lockers), handling preparation re-
of patrols ranging from foot to air patrols quirements prior to leaving the squad room,
coupled with computer-directed enforcement obtaining necessary information for patrol
locations and techniques. The book also duty, and checking out the patrol vehicle and
includes the use of forward-looking infrared its care prior to and after departing the garage
systems on air patrols and the advantages area.
and disadvantages of practical law enforce- The book also covers the latest informa-
ment communications. The authors address tion on conducting standard and emergency
state and local automated networks, NCIC, high-risk vehicle stops, pursuit considerations
and criminal justice information control, and effective alternatives, legal and practical
each involving enforcement operations and aspects of firearms use, safety and liability,
tactics. They also include an interesting and special studies involving police weapons
chapter on observation and perception and their applications. In addition, it includes
techniques required by officers with 17 planning for emergency incidents and officer
identified and proven “attention getters” that safety countermeasures when confronting
officers should employ in detecting and specific threats.
catching criminals. An explanation exists to Patrol Operations and Enforcement
assist officers in their approach to citizens Tactics is a valuable resource book for state
and criminals, as well as safety concerns of and local law enforcement departments to
those officers being approached by others. upgrade their operating procedures and
The book offers four compelling points policies and their academies. It can provide
among a wide variety of information. First, material for the commissions on peace offi-
it has a major overall professional depth, cers standards and training, departmental in-
practical application, and thoroughness. service training programs, assessment center
Next, it contains an extensive critical list of selections and various examinations for
88 questions, consisting of the who, what, different officer skill levels, and merit promo-
when, where, how, and why of operations tion boards. The book also could help those
and tactics. These questions prove outstand- officers looking for a self-study professional
ing for both the experienced and inexperi- enhancement that they can complete during
enced officer and can enhance patrol investi- shift breaks or at their residences and can
gative report documentation and court support their specific college academic
testimony when applied. Third, for the courses. It is a must read for all departmental
promotional examination and the department patrol officers and investigative personnel,
entrance exam challenger, the book lists 855 including supervisors and managers.
study questions relevant to law enforcement
operations. Finally, the book contains some Reviewed by
useful checklist items that will help maintain Larry R. Moore
an officer’s effectiveness, competency, and Certified Emergency Manager
readiness for duty. These include items International Association
officers should consider when preparing to of Emergency Managers
depart their residences for duty, leaving their Knoxville, Tennessee

November 2003 / 7
Health Club Credit Card Theft
A National Crime Problem
By RICHARD A. BALLEZZA

© PhotoDisc

D uring the FBI’s investi- An examination of this crime from the cash-advance mer-
gation of the Yugosla- problem, which persists today, chants in the casinos. The inter-
vian, Albanian, Croa- can help investigators under- esting common denominator in
tian, and Serbian (YACS) stand the modus operandi (MO) these investigations was that
commercial safe burglar groups,1 of these unique credit card many of the credit cards used in
investigators discovered a spe- thieves and offer some recom- the scam had been stolen from
cialized theft crime problem per- mendations to help prevent health club lockers. Investigators
petrated by some of these offend- thefts in the future. noted that the persons caught
ers. The crime pattern involved passing the cards were primarily
the theft of credit cards from the Overview of Yugoslavian or Albanian de-
lockers of unsuspecting health Beginning in the early to mid scent. The thieves’ chance for
club members while they exer- 1990s, those law enforcement successfully avoiding capture
cised. Victims included both agencies principally involved was aided by the fact that
men and women. The thieves with investigations of criminal cardholders often did not notice
then used the stolen credit cards, activity inside casinos began no- the theft of the card until they
sometimes within hours of the ticing an increase in the use of received the monthly billing
theft, to obtain cash at casinos. stolen credit cards to obtain cash statement weeks after the actual

8 / FBI Law Enforcement Bulletin


theft. Victims would check their the thieves usually do not all en- will target certain lockers and
wallets and notice, for the first ter at the same time, they prob- will carry various “shims”—ex-
time, the credit card missing, but ably find the sign-in procedures tremely thin pieces of metal cut
would be uncertain as to when or familiar through previous sur- to a small size—to “shim” open
where the theft occurred. For ex- veillance. Undoubtedly, all of the combination padlocks on the
ample, a businessperson from the thieves possess counterfeit lockers. A skilled “shimmer” can
Florida on a trip to New York identification in a fictitious name open these padlocks faster than a
stays at a hotel in Bergen County, so as not to arouse suspicion if a person who uses the combina-
New Jersey. The hotel recom- health club employee asks for tion. The shimmer may have the
mends a local health club that the identification. Moreover, be- additional assistance of another
person uses for a workout. The cause guests entering health blocker who may use the locker
businessperson signs in as a day- clubs also may have to sign a next to the targeted one to further
use guest, and, during that time, guest book or log, thieves often screen the shimmer’s efforts.
someone steals a credit card pay the nominal day-use fee in The shims are so sharp that
from the person’s wallet. After- cash. They believe that health thieves usually wear bandages or
ward, the businessperson re- club employees keep this fee for pieces of tape to protect their
turns to Florida and, several personal use and do not record fingers.
weeks later, discovers unautho- when guests come to use the After opening the lock, the
rized charges on one credit card. facilities. thieves carefully avoid disturb-
This represents the typical situa- Once the thieves enter the ing the contents in the locker,
tion that confronts victims of locker room, they separate into looking only into the member’s
these thefts as they report it to prearranged roles. At least one wallet to find any credit cards.
authorities. person will act as a “blocker” They remove one or two of the
and lookout at the main entrance credit cards, preferably from a
Modus Operandi to the locker room. Other thieves wallet with many credit cards,
Law enforcement reports,
postarrest interviews, analysis of
evidence obtained from search


warrants, and intelligence gath-
ering have made it possible to
describe a typical health club
credit card theft scenario. A The crime pattern
group of between four to six involved the theft
thieves goes to a health club. At of credit cards
least one of them will be a mem- from the lockers of
ber, sometimes under an alias, of unsuspecting health
the club the group targeted for club members....
locker thefts. Other coconspira-


tors may sign in as guests of the
member or may sign in on a day-
use basis. These thieves also tar- Special Agent Ballezza serves in the Hudson Valley
get health clubs offering 1-week resident agency of the FBI’s New York office.
free, trial memberships. While

November 2003 / 9
and note the name, address, and area to include health clubs lo- of 10 to15 people, make sure that
date of birth on the driver’s li- cated in states without casinos. the health club members have
cense, but never take any cash. This required the thieves to not reported the theft of the
They replace the wallet exactly manufacture counterfeit driver’s cards. To accomplish this, the
as they found it to avoid arousing licenses from many states. thieves typically stop at a gas sta-
any suspicion when the member The thieves always must tion/convenience store and buy a
returns to the locker. Thieves know in advance exactly which few gallons of gas at a self-ser-
normally target several lockers at person will serve as the “signer” vice pump or make a small pur-
the health club, and more than inside the casino. Obviously, chase at a gift shop in or near the
one person usually shims at the that same person’s photo must casino.3 If a problem arises, the
same time. Thieves generally appear on the counterfeit driver’s thieves feign any knowledge and
steal 15 to 20 credit cards either license. Laptop computers, color purchase the gas or gift with cash
from one health club or from and then destroy the card. The


multiple health clubs before thieves check all stolen cards
moving to the next phase of the prior to entering a casino.
scam. The large group of thieves
Once the thieves now breaks into smaller teams
Counterfeit Identification enter the locker to begin passing the cards
Manufacture room, they separate inside the casinos. This reduces
The next phase involves the into prearranged the risk of detection by casino
thieves producing counterfeit roles. gaming commission law en-
identification to match the name forcement authorities or by pri-


on the credit card. In the early vate security personnel inside the
vintage of this scheme, thieves establishment.
most commonly made counter- scanners, and color printers have Casinos use different mer-
feit, nonphoto New Jersey facilitated the production of such chants to provide the cash-ad-
driver’s licenses to use at Atlan- counterfeit documents. 2 The vance service. Essentially, a card
tic City casinos. They employed thieves usually complete the holder uses the machine by in-
these nonphoto licenses as matching ID within a short time serting or swiping the credit card
backup identification (ID) that and then plan their travel to the and then entering the desired
they would show inside the casi- casinos. If the casinos are amount of money. The service
nos to tellers who requested ID nearby, they generally travel by adds a small fee to that amount
before providing cash to the per- car or van. If the casino is far and, as long as sufficient credit
son holding the credit card. More away, the thieves, using aliases, remains on that credit card, gen-
recent trends involve making fly on commercial aircraft. They erates a receipt. The card holder
counterfeit, color photo driver’s never use stolen credit cards to takes the receipt to a nearby teller
licenses from different states. purchase airline tickets when window where the teller has re-
Thieves modified their MO after they fly to a distant location to ceived a similar approval for the
the casinos became aware of the steal or to pass credit cards. transaction. The teller matches it
nonphoto New Jersey licenses with the receipt handed by the
and began requiring photo ID as The Casino Connection customer and asks to see the
backup identification. Also, the Before using the cards at the credit card, as well as backup ID,
thieves expanded their target casinos, the thieves, now a group before giving the requested

10 / FBI Law Enforcement Bulletin


money, less the fee, to the Recent Trends primarily from New Jersey and
customer. While stealing thousands of New York in the early stages of
The health club locker credit cards and reaping millions these crimes, the theft of cards
thieves who use the same service of dollars worth of currency, from health clubs in states all
at the casino, but with stolen some thieves appeared repeat- across America has blossomed.
credit cards, do not know how edly in the same casinos. As law In addition, more and more states
much credit is available on a par- enforcement became more aware are establishing casinos within
ticular card. The thief may have of the identity of the known their borders, and it is only a
to try different amounts, reduc- credit card thieves, new perpe- question of time before these ca-
ing the amount requested each trators, or “fresh faces,” have be- sinos become victimized as well.
time, before obtaining approval. gun to actually pass the cards in
Investigators can retrieve com- Detection Problems
puterized records regarding Detection problems fall into
these transactions and usually three basic categories: health
will find multiple attempts to ob- club, credit card company, and
tain cash. Thieves may use the casino. Health club security
same card at different casinos measures vary greatly. They
until they reach the credit limit rarely have any videotape to
for that card. During this phase, record persons entering the
the thieves maintain contact with club and, for obvious reasons,
each other through pagers and employ no closed-captioned
cell phones. television inside the locker
rooms. Some fitness centers do
The Profit Split © Digital Stock not use photo membership cards
The thieves split the profits to identify their members. Others
in thirds: the person who steals the casinos. The known thieves merely ask members to say their
the card, the one who makes the usually are nearby, but not at the four-digit number upon entering
counterfeit ID, and the “signer,” teller window with the conspira- the club. Some may not require
or the person who passes the tor who is obtaining the cash. day guests or trial members to
card, each receive one-third of Currently, the Yugoslavians and show photo identification to gain
the profits. If a thief fulfills two Albanians in these schemes ap- admittance to the club. Several
of the roles, that person will get pear to be using Romanians clubs have no small, secure valu-
two shares. Groups of more than without arrest records to pass ables lockers (located behind the
10 persons using 20 to 30 stolen the cards. Further, even though front desk) for use by members
cards have made $60,000 to the greater travel distance to who then, because of a lack of
$100,000 in only 1 weekend in Las Vegas can be a risk to the these type of lockers, have to
Las Vegas. Thieves involved in thieves from New York, Las store their wallets in a typical
this criminal activity are well or- Vegas offers many more casinos locker in an unsupervised locker
ganized and experienced inter- compared with Atlantic City room.
state criminals. After completing and, therefore, proves enticing Credit card companies vary
the scam, the thieves return to to the credit card thieves. Al- in their internal controls and
the New York metropolitan area. though credit cards were stolen “flags” programmed into their

November 2003 / 11
computer software. One con- also have used the assistance of manager how the club handles
victed thief admitted that he employees who work behind the day-use guests, such as guests
generally stayed away from teller window area while they from local hotels or conventions
one credit card because the pass the credit cards. or other visitors. They should de-
company’s employees moni- termine if guests are required to
tored the use of the cards more Countermeasures show a photo ID and if the front
closely and were apt to call a Prospective members tour- desk makes a copy of the ID. If
cardholder if unusual activity oc- ing a health club consider the people already belong to a club
curred, even if the card was not fitness equipment, programs, that does not offer lockers near
reported stolen. Such preventive and cost of membership before the front desk, they should try to
action could derail the scam be- deciding to join. However, they get in the habit of quickly check-
cause the delay in the discovery ing their wallets immediately af-


of the theft of the card provides ter getting dressed before leaving
the thief with a greater window the health club, making sure that
of opportunity to exploit what- all credit cards are present, par-
ever credit remains on a particu- Thieves may ticularly those cards that are to-
lar card. use the same card ward the back of the stack of
The delay in the discovery of at different casinos cards. If one is missing, they
the theft of the card also has the until they reach should immediately notify local
detrimental spillover effect of the credit limit police and the credit card com-
hampering investigators as they for that card. pany. The credit card company
try to find evidence of the person may be able to help police appre-


who used the card in the casino. hend the thieves should the
Companies who operate the thieves try to use the card. The
cash-advance service in the casi- credit card company should re-
nos may only keep their teller also should assess the security main especially alert for any at-
window videotapes for 1 or 2 features at the facility. The pres- tempt to use the card to obtain a
weeks at a time before recording ence of the small valuables lock- cash advance at a casino.
over them. Investigators found ers, located immediately behind In addition, the management
that in some cases, the video- or next to the front desk, for the at the health club needs to know
taped transaction, which would storage of a wallet and keys can about the theft because other
clearly show who passed the sto- reduce the chance of any credit members undoubtedly had credit
len credit card, had been erased card theft. A convicted thief cards stolen at the same time. If
due to the passage of 4 to 6 advised that if the health club the health club has a computer-
weeks since the actual theft oc- had those small valuables lock- ized system, such as a bar-coded
curred. It is possible that thieves ers near the front desk, his group ID card shown on the way into
who know which cash-advance did not even try to steal any the club, the manager may be
companies maintain the video- credit cards from the locker able to contact other members
tapes for the shortest period of room. The thieves just went to a and advise them to check their
time actually may target those different health club that did not wallets.
companies when passing the sto- use those type of lockers. Per- Because a relatively small
len credit cards. Further, thieves sons should ask the health club group of criminals is responsible

12 / FBI Law Enforcement Bulletin


for the majority of this national
crime problem, law enforcement
agencies, particularly those that
recently have made their first ar-
rests of persons involved in these
type of thefts, should contact law
enforcement agencies covering
Atlantic City and Las Vegas ca-
sinos. Agencies new to these
scams can e-mail a color arrest
photo to those law enforcement
agencies having more experi-
Credit card thieves use different thicknesses of sheet
ence with these credit card metal to cut open padlocks on health club lockers.
thieves. This prompt networking
may help correctly identify the
arrestee who could be assuming person’s fingers and the exist- theft, could help thwart the
a false identity. If this contact is ence of any “shims,” credit cards successful passing of the card
done quickly, the arrestee’s cor- not in the name of the person, or inside a casino. Further, in-
rect identity could be known be- a “prop” gym bag that contains creased vigilance by credit card
fore arraignment. Also, some dry clothing because these company watchdogs looking
agencies have photos of indi- thieves do not exercise or shower for suspicious credit card activity
viduals who have passed stolen at the targeted facility. coupled with enhanced network-
cards but do not know their iden- ing by those law enforcement
tities. Therefore, the recent arrest Conclusion agencies principally involved in
in one jurisdiction may identify As more health clubs open investigating crime within the
the unknown suspect in another and as additional states begin li- casinos ultimately could lead to
agency’s theft case. censing casinos, health club a dramatic reduction in profits
Local crime prevention of- credit card thieves will continue for these interstate criminal
ficers should take time to meet to have ample opportunity to per- gangs.
with health club managers petrate their interstate fraud. The
within their jurisdictions to ad- enticement to make thousands of Endnotes
vise them of this criminal pattern dollars will keep a steady flow 1
For additional information, see
and to discuss their clubs’ secu- of interested recruits into this Richard A. Ballezza, “YACS Crime
rity measures. Police responding unique criminal specialty. Groups: An FBI Major Crime Initiative,”
FBI Law Enforcement Bulletin, November
to any suspicious person or ve- However, small changes in 1998, 7-12.
hicle call in the parking lot of a the personal habits of members 2
Evidence seized after execution of
health club should consider the following workouts, along with federal search warrants in the New York
possibility that the suspicious improvements in security both at area corroborate the thieves’ use of these
person or vehicle may participate fitness centers and at the cash- techniques.
3
Reports have surfaced that some
in these type of thefts. Police of- advance merchants inside casi- thieves even have a toll-free telephone
ficers should note any bandages nos, could help prevent thefts or, number similar to those used by merchants
or tape on the suspicious with prompt discovery of the calling to check on a particular credit card.

November 2003 / 13
Police Practice
Most of the responsibility for providing services
to those seriously ill or less able to pay for ser-
vices has shifted from one agency to another,
sometimes more than once. Because of this
challenge, the Tulsa Police Department’s (TPD)
apprentice police officer (APO) academy training
has included a component similar to the “Mem-
phis Model”1 since 1988. Integrating front-line
mental health professionals into the broad,
multidisciplinary training given to APOs for
almost 15 years has helped TPD field officers
become proficient in the task of responding
effectively to individuals with mental illness.
To answer a growing need, the TPD resolved
to go beyond refresher classes for incumbent
officers and, instead, committed to developing an
© Comstock Images
advanced mental health response officer school.
The school was designed to help police and
mental health professionals work in a collabora-
tive partnership as both instructors and students.2
Moving Past What to How— THE GUIDING PRINCIPLE
The Next Step in Responding to The guiding principle for the school’s devel-
Individuals with Mental Illness opment, the “operational triangle,” represents a
By Douglas Gentz, Ph.D., and William S. Goree model the TPD has used for many years to in-
struct APOs. The foundation of the operational
triangle is safety. Ensuring safety is the first step

L
in all interactions between officers and citizens.
aw enforcement officers accept the need Only after this is established and maintained
for firearms instruction before going to should an officer focus on using communication
the range to practice what they have learned. skills to form an effective relationship with a
After they have the necessary education on subject. Officers first must have a safe environ-
weapons, their training time can be more effec- ment before they can apply interpersonal skills
tively spent on the range. Perhaps, training directed toward possible problem solving.
officers to improve the skills used to respond to Once officers establish a state of safety, they
citizens with mental illness can be enhanced with are tempted to move directly to problem solving.
a similar approach—a high priority on practice. Yielding to this temptation means skipping the
Tulsa, Oklahoma, like most other communi- middle section of the triangle and, often, results
ties across the country, has long experienced the in ineffectiveness. Increasing officers’ confidence
difficulties of the increasing pressure on individu- in their abilities to effectively use interpersonal
als with mental illness and their families as a communication skills improves the likelihood
result of state funding problems and constant that they will incorporate each section of the
changes in mental health care delivery systems. operational triangle.

14 / FBI Law Enforcement Bulletin


Over the last 20 years, the law enforcement 6-month period. Classes are limited to 20 police
profession has made huge strides in raising officers and 5 mental health professionals. At-
officers’ awareness and competence in the areas tendees are divided into smaller groups composed
of citizen and officer safety. Agencies should of four officers and one mental health profes-
devote attention to increasing officers’ awareness sional with a TPD special operations team crisis
of the essential step between safety and problem negotiator acting as facilitator/instructor because
solving. These human relation skills, like officer of this person’s experience and expertise.
safety skills, improve with practice. Enhanced Upon completion of the school, sworn law
interpersonal skills will amplify the ability of enforcement graduates earn department certifica-
officers to project a powerful influence with tion as advanced mental health response (AMHR)
citizens they serve, especially those with mental officers. Further, mental health professional
health issues. graduates are certified AMHR responders and
can receive continuing education credits as
THE INSTRUCTIONAL OBJECTIVE well.
The school’s mission is to assist people
in need of mental health services in a way CURRICULUM
that secures the safety of all concerned,
respects the dignity of the person in Problem Day 1
need of attention, and increases the solving The entire first day centers on the
chances of a good outcome with middle section of the operational
mental health service providers triangle—effective interpersonal
following the law enforcement Interpersonal communication skills—divided
contact. This statement defines communication into five segments. The first
the instructional objective of skills that build a segment reviews basic active
maximizing the time spent relationship listening, then focuses on
conducting collaborative more advanced verbal
cross training between concepts in the second
law enforcement
Safety segment. Both are
officers and mental followed by an exer-
health professionals cise requiring students
most likely to have direct contact with individuals to use active listening skills, as well as the addi-
in need of mental health services. Minimal time tional verbal skills, in a role-play situation where
expended on reviewing mental health knowledge an observer evaluates performance and provides
(e.g. facts, diagnostic categories, mental disorder feedback.
descriptions) in lecture-type presentations allows The third segment concentrates on nonverbal
instructors to spend more time on practical components of communication followed by an
applications of interpersonal communication and exercise requiring students to deliberately add the
intervention skills. nonverbal component to the rapport-building
process. The relationship between autonomic (i.e.,
CURRICULUM DEVELOPMENT involuntary) nervous system arousal levels (de-
Various departments of the TPD and the gree of physical and psychological tension) and
mental health community designed the school’s the ability to effectively use interpersonal com-
40-hour curriculum in the spring of 2002 over a munication skills also is discussed. Instructors

November 2003 / 15
emphasize that functioning effectively from the given later on various topics, such as psychotro-
bottom level of the operational triangle (safety) pic medications, chemical dependency, and
requires a relatively higher level of autonomic bipolar disorder.
arousal. Functioning effectively from the middle
section (interpersonal communication skills Day 3
aimed at rapport building) requires a relatively One of the most valuable experiences, accord-
lower level of autonomic arousal. Instructors also ing to students, is a “virtual hallucination”4
examine potential safety problems inherent in exercise. Each group member listens to a short,
negotiators lowering their arousal levels enough commercially produced audiotape simulating the
to engage in rapport building. A subsequent experience of auditory hallucinations while being
exercise helps attendees review interviewed by group members. Presentations on
and practice a simple relaxation the medications and illnesses
technique that leads to a de- commonly seen regarding


crease in arousal level. homeless individuals follow
Next, students receive a this exercise.
Most of the
lesson on understanding, appre- Next, the Tulsa Mental


responsibility for
ciating, and applying the idea Health Association, a panel of
providing services to
that power can be divided into mental health consumers, and
those seriously ill or
two subtypes: authority and their family members lead a
less able to pay for
influence. In this model, au- presentation and open panel
services has shifted
thority is the ability to make discussion to humanize the
from one agency to
things happen by force, while school’s objectives. Following
another....
influence gets its power from the discussion is a presentation
the strength of a relationship.
The tactics of authority strate-
gies range from a uniform
presence to deadly force interventions. Authority tive

custody if
of the “third criteria,” which
provides an option for EOD
subjects to be taken into protec-
they have a history of serious
strategies generally call for functioning from the mental illness, currently demonstrate worsening
bottom or top level of the operational triangle. symptoms, and it is reasonably believed that
Influence strategies focus on the rapport estab- treatment will prevent a progressively more
lished with a subject and call for functioning debilitating mental impairment. Clearly, the
from the middle of the operational triangle. The option proves a very positive choice in some
lesson concludes with a very challenging role- situations and, in others, may provide fertile
play exercise requiring students to demonstrate ground for disagreement between police officers,
both authority and influence strategies in the mental health professionals, and individuals with
context of a simulated possible emergency order mental illness.
of detention (EOD) call.3
Day 4
Day 2 Because mental health consumers often are
The second day consists of a field trip to a incarcerated, students tour the county jail’s
local juvenile inpatient facility that receives diversion program. The program seeks to appro-
individuals taken into protective custody under an priately identify and provide a basic level of care
EOD. Presentations and practical exercises are for persons with mental illness while in the

16 / FBI Law Enforcement Bulletin


Training Curriculum

Day 1 Day 3
Active Listening Skills “Virtual Hallucination”
Advanced Verbal Concepts Schizophrenia
Nonverbal Components Open Panel Discussion
Autonomic Nervous System The “Third Criteria”
Arousal Levels
Interpersonal Communication Day 4
Skills County Jail’s Diversion Program Tour
Power Subtypes Suicide Intervention
Developmental Disabilities
Day 2
Juvenile Inpatient Facility Tour Dementia
Psychotropic Medications
Day 5
Chemical Dependency
Personality Disorders
Bipolar Disorder
Violence and Threat Assessment
Role-Playing Scenario
Evaluation

facility. Because health professionals and police scenario. Observations on safety, interpersonal
officers have different experiences and percep- skills, and problem solving follow each scenario.
tions regarding suicidal subjects, students also The day ends with presentations on developmen-
hear a presentation on suicide prevention. Mental tal disabilities and dementia.
health professionals often are more aware of the
passive, depressive symptoms that develop Day 5
gradually over time. In most cases, when officers On the final day, the TPD’s psychologist
have contact with a suicidal subject, the person presents a lecture on personality disorders
likely has shifted to an angry, ambivalent, and followed by a presentation and open class discus-
possibly violent state of mind, which calls for an sion on violence and threat assessment. A final
alert approach. practical exercise challenges students to apply
Next, attendees complete a practical exercise skills and knowledge gained throughout the
to use polished interpersonal skills, combined week. Nonclass member mental health profes-
with information from the presentation, to inter- sionals are recruited from the community to role-
vene with a suicidal subject in a role-play play the parts of mental health consumers in a

November 2003 / 17
variety of scenarios. Instructors provide observa- present. Finally, and perhaps most important,
tions and feedback to each student on safety officers and mental health professionals are
issues, interpersonal skills, and problem solving together in a cooperative educational setting that
throughout the course of the exercise. encourages the development of positive, personal
Finally, all class members and crisis negotia- relationships and a genuine appreciation for the
tors participate in an evaluation and discussion differences and similarities in both jobs. Combin-
session. Although the school’s organizers place a ing all of these factors helps ensure that law
very high priority on small group practical exer- enforcement officers receive the best possible
cises, students usually feel that even more time in training to respond effectively to individuals with
future classes should be dedicated to practical mental illness.
application activities. Further, one student sug- For additional information, contact Captain
gested that a standing commit- Tracie Crocker, Tulsa Police Department, at
tee composed of selected gradu- 918-596-1105 or Tcrocker@
ates of the school, crisis ci.tulsa.ok.us.
negotiators, other appropriate
mental health professionals, and
Tulsa Police Department admin- “
Agencies should
Endnotes


1
For more information, visit the
istrators be formed and meet devote attention to Memphis, Tennessee, Police Department’s
quarterly to advise on ongoing increasing officers’ Web site at www.memphispolice.org
changes in the community’s awareness of the 2
The authors acknowledge Chief
essential step between David Been whose interest, involvement,
mental health environment. and insistence on excellence in officer
safety and problem
response to individuals in the mental
CONCLUSION solving. health system ensured the development
Two interwoven key factors


and implementation of this school. They
have contributed to the success also acknowledge retired Tulsa, Okla-
of the advanced mental health homa, Police Officer Charles V. Miller
who served as the first special operations
response officer school. First, crisis negotiator team leader, as an academy instructor, and as the
the inclusion of mental health professionals as major influence that prepared officers to receive, and crisis
students and instructors helps build a collabora- negotiators to provide, the most valuable portion of the training
tive partnership between law enforcement profes- that takes place in this school.
3
sionals and individuals in the mental health care An EOD occurs when individuals need treatment because
they are considered a danger to themselves or others.
system. Equally important is the decision to place 4
Virtual Hallucination, Janssen Pharmaceutics, April 1997,
a higher value on how to intervene with individu- cassette.
als with mental illness than on academic presen-
tations about mental health knowledge. Dr. Gentz provides psychological counseling, consulting,
The small group exercises accomplish three and training for Tulsa, Oklahoma, Police and Fire Depart-
very important functions. First, they help students ment employees.
polish their interpersonal communication skills in Sergeant Goree currently is a field supervisor and the
special operations crisis negotiator team leader for the
the context of interacting safely and effectively Tulsa, Oklahoma, Police Department and formerly served
with individuals with mental illness. Second, as the department’s training supervisor.
both a police and a mental health perspective are

18 / FBI Law Enforcement Bulletin


The Bulletin Honors

The Alaska State


Troopers Memorial

The Alaska State Troopers


present this law enforcement
memorial located in Anchorage,
Alaska, in front of the agency’s
Scientific Crime Detection
Laboratory. This statue was
formally dedicated on June 9,
1986, to law enforcement offi-
cers who have lost their lives in
the line of duty. It consists of a
bronze figure of a police officer,
identified on his name plate as
“A Friend,” holding a small girl
in his arms and standing on a
black marble pedestal containing
individual name plates for each
of the officers killed in Alaska
since statehood.

Nominations for The Bulletin Honors should include at least one color 5x7 or 8x10 photograph (slides also are
accepted) of a law enforcement memorial along with a short description (maximum of 200 words). Contributors
should send submissions to the Editor, FBI Law Enforcement Bulletin, FBI Academy, Madison Building, Room
209, Quantico, VA 22135.

November 2003 / 19
Community Corrections
and Community Policing
A Perfect Match
By DAVID LEITENBERGER, PETE SEMENYNA,
and JEFFREY B. SPELMAN, Ph.D.

community-oriented corrections

C
ooperation between cri- Partnership and
minal justice agencies Enhanced Supervision programs. Richland County
can draw on the strengths Enacted on July 1, 1996, formed a community corrections
of all entities involved to effec- Ohio Senate Bill 2, also known board, composed of citizens and
tively accomplish common ob- as the “truth-in-sentencing” representatives from the court
jectives. In Richland County, law, eliminated indeterminate system, law enforcement agen-
Ohio, community corrections sentences1 and parole in Ohio in cies, local government organiza-
and community policing have favor of a system of deter- tions, social service agencies,
formed a partnership that has minate sentences 2 and post- and victim services, to study cur-
seen enhanced corrections ef- release control (PRC),3 or super- rent supervision and treatment
forts, as evidenced by a reduced vision of an offender after the methods and criminal offender
number of new crimes by con- completion of a court-ordered profiles in Richland County to
victed offenders under adult su- sentence. This focus on PRC determine how best to safely and
pervision services within the challenged the criminal jus- effectively supervise correc-
county. tice community to develop new tional clients in the community.

20 / FBI Law Enforcement Bulletin


In response to this need for corrections officer equipped supervision standards that be-
enhanced community supervi- with a drive-by or hand-held unit came applicable to all persons
sion standards, in 1998, officers to identify and closely monitor under adult supervision in
from the Richland County Adult offenders. This program also Richland County, whether sub-
Probation Office initiated a part- uses a system of sanctions and ject to county community control
nership with officers of the incentives and follows a step- or state probation, parole (for
Richland County Sheriff’s De- down and step-up approach (a those sentenced prior to July 1,
partment, the Mansfield Police decrease or increase of controls, 1996), or postrelease control.
Department, the Mansfield depending on client behavior). Under these standards, par-
Adult Probation Department, Not only does the ISP offer more ticipants must seek and maintain
and the regional office of the effective surveillance and safer employment, obey curfew, make
State Parole Authority. Interest communities but it also allows restitution to victims, submit to
in community corrections and officers to identify clients that frequent random drug and alco-
community policing cooperation may need treatment or other hol testing and maintain treat-
began with the idea that collabo- services. ment requirements, avoid bars
ration might compliment the The ISP improved in 2001 and high drug-trafficking loca-
power of each office, thus in- with the implementation of tions, refrain from carrying cell
creasing public protection. the first felony reentry court in phones or pagers, and shun gang
This new partnership made Ohio, a partnership between or other criminal associations.
possible the intensive supervi- Richland County and state au- Officers enforce these conditions
sion program (ISP), which em- thorities. Out of this partnership through a more flexible supervi-
ploys electronic monitoring came the creation and incorpora- sion system in which they moni-
bracelets that allow any police or tion of a single set of community tor clients on a 24-hour-per-day,

Chief Leitenberger heads the Mr. Semenyna serves as Dr. Spelman is an assistant
Richland County, Ohio, Adult supervisor of the Richland professor at Ashland
Court Services. County, Ohio, Adult Court University in Ashland, Ohio.
Services.

November 2003 / 21
MONTHLY MINIMUM SUPERVISION STANDARDS

Home Visit Office Visit Other Treatment Total Drug Tests

Intensive 3/mo. 1/mo. 1/mo. 2/mo. 6+/mo. 8+/mo. (2/week)

High 2/mo. 1/mo. 1/mo. 1/mo. 5+/mo. 4/mo. (1/week)


& 1 R/mo.
Medium 1/mo. 1/mo. 1/mo. 1/mo. 4+/mo. 1/mo. & 2 R/mo.

Note: R= random drug testing

7-day-per-week basis; have 33 and the neighborhood of their as- community policing has made
percent of their contacts with cli- signed zone. Assigning commu- the partnership a success. For ex-
ents during evenings and week- nity police and corrections offic- ample, the Richland County
ends; and make sufficient con- ers in this way helps them to Community Policing and Com-
tacts with treatment providers, work together effectively. munity Corrections Partnership
employers, and appropriate gov- Officers from each agency Program received the 1999
ernment agencies. involved also meet regularly to Governor’s Award of Excel-
share information. This informa- lence of the state of Ohio. This
Cooperation and Success tion sharing has helped commu- award honors a partnership that
The interaction between cor- nity police officers to investigate has seen lower crime rates for the
rections and police officers has and solve crimes, to identify cli- citizens it serves through the ISP
served the enhanced supervision ents with community supervi- and great success in its major
in Richland County well; their sion status and unique supervi- joint operations.
assignments facilitate this im- sion conditions, and to recognize Statistics seem to support the
portant relationship. Community persons who have absconded assertion of Richland County au-
police handle specific clients; from community supervision. thorities that unified supervision
this contact enhances police fa- Likewise, information sharing programs result in lower crime
miliarity with supervised offend- assists community corrections rates. Local crime statistics re-
ers and allows them to take an officers. They more quickly be- leased by the Richland County
active part in supervision. Like- come aware of clients and others Sheriff’s Office for 2000 and
wise, corrections officers gener- with outstanding arrest warrants, 2001 showed a 4.5 percent re-
ally supervise offenders in the local gang involvement, specific duction in violent and property
police department zone where crime problems, and criminal crime within its primary policing
they reside; consequently, associations. jurisdiction and a 13 percent re-
they already have considerable The cooperation between duction in Madison Township,
knowledge of both the citizenry community corrections and served jointly by the Richland

22 / FBI Law Enforcement Bulletin


County Sheriff’s Office and the many new community policing Conclusion
Mansfield Police Department initiatives. Local criminal jus- Effectively and safely super-
with a special emphasis on the tice administrators would like to vising correctional clients in the
police-corrections partnership. increase the number of partici- community can prove difficult
Data furnished by the Richland pating agencies in these pro- for criminal justice agencies.
County Court Services Depart- grams. Some examples include Drawing on the strengths of both
ment indicated that in 2000, the bicycle patrols, park-and-walk community corrections and com-
Richland County ISP case fail- patrols, public speeches, and munity policing, this unique
ure4 rate was 8.5 percent, well crime prevention training. An- partnership in Richland County,
below the 37 percent new arrest other partnership initiative now Ohio, has successfully addressed
average for a 1-year period for in the planning stages, a fugitive this challenge. For other locali-
ISP programs.5 response unit, aims to capture ties willing to unite corrections
Teams of community polic- specific violators who present a and police officers in this regard,
ing and community corrections high risk of violence to the such cooperation can help pro-
officers have conducted four ma- community. vide effective offender supervi-
jor joint operations since 1999 sion and a lower crime rate in
with great success. These four


their communities.
operations and their results after
the first 3 years include Sam and Endnotes
Charles Night Out, in which ...cooperation began 1
In an indeterminate sentencing
joint inspections of local bars re- system, a judge sets a minimum and a
sulted in the arrests of over 143
with the idea that maximum amount of time for an offender
violators; Lights Out, in which collaboration to serve; the exact length of the sentence is
joint searches for curfew viola- might compliment largely dependent on parole.
tors found over 211 persons on the power of each 2
In a determinate sentencing system, a
judge sets a fixed sentence prescribed by
probation status in violation of office.... law.
curfew (these curfew violations 3
Postrelease control is mandatory or


have since decreased); Fugitive discretionary, depending on the type of
Surveillance, in which joint offense or felony level.
4
Offender arrests or violations of
searches for clients of the ISP, supervision rules.
electronic monitoring, or house Richland County also wants 5
Joan Petersilia and Susan Turner,
arrest programs who have ab- to expand its partnership and U.S. Department of Justice, National
sconded from supervision re- operations into neighboring cit- Institute of Justice, Evaluating Intensive
sulted in 252 arrests; and Day ies and counties. For example, Supervision Probation/Parole: Results of
a Nationwide Experiment (NCJ 141637)
and Night Ride Along, which in- officers have teamed up with (Washington, DC, 1993), 5.
volved a total of 2,625 joint vis-Ashland County’s police, mu-
its of client homes or places of nicipal court probation, and
employment. state officers to help identify pro-
bationers and parolees from
Future Expectations Richland County who have been
In 2002, corrections officers patronizing Ashland County bars
joined police officers to perform to avoid detection by authorities.

November 2003 / 23
Bulletin Reports

Drugs
The Office of Community Oriented Policing Services (COPS) presents
An Evaluation of the COPS Office Methamphetamine Initiative, a COPS-
funded study conducted by the Institute for Law and Justice and 21st
Century Solutions that evaluates COPS’ first six methamphetamine
grants. The COPS office provided funding to agencies in six cities (Phoe-
nix, AZ; Salt Lake City, UT; Dallas, TX; Oklahoma City, OK; Little
Rock, AR; and Minneapolis, MN) to combat the production, distribution,
and use of methamphetamines. These grants encouraged law enforcement
agencies to respond to methamphetamine problems with advanced tech-
nologies and creative problem-solving strategies. This evaluation focuses
on the histories of the methamphetamine problems in these cities and
includes detailed process evaluations of each grant’s implementation. This
report provides insight into the ways in which these agencies responded to
their methamphetamine
problems and should be
of great interest to those
dealing with similar drug Victims
problems in their jurisdic-
tions. This publication is When Your Child Is Missing: A Family Survival Guide
only available electroni- provides parents with helpful insights into what families
cally at http://www.cops. should do when a child is missing. This Office of Juvenile
usdoj.gov/default.asp? Justice and Delinquency Prevention (OJJDP) guide was
Open=True&Item=848. written by parents and family members who have experi-
enced the disappearance of a child. It contains their advice
about what to expect when a child is missing, what needs to
be done, and where to go for help. It also explains the roles
that various agencies and organizations play in the search for
a missing child. This guide is available from the National
Criminal Justice Reference Service at 800-851-3420 and can
be accessed electronically at http://ojjdp.ncjrs.org/pubs/
missingsum.html#170022.

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.)

24 / FBI Law Enforcement Bulletin


Legal Digest

The Discovery Process


and Personnel File
Information
By RICHARD G. SCHOTT, J.D.

© Image Club Graphics

L
aw enforcement agen- with their positions of trust. A case likely will be vacated. It is
cies go to great lengths single lie can taint an officer’s hard to imagine the officer in-
to ensure that they hire credibility forever and render volved ever testifying as a pros-
individuals of good character the officer virtually useless as ecution witness again after this
and with backgrounds contain- a courtroom witness. An ex- finding.
ing no, or minimal, negative in- ample is the recent release of The reason officers with
formation. In this regard, police several convicted defendants in a credibility problems lose their
employers are no different from sweeping drug investigation in viability as witnesses is based on
other employers: they hope to Tulia, Texas. Texas Judge Ron the constitutional principle that
hire people who will present the Chapman concluded that the every criminal defendant in this
fewest personnel issues with investigator involved in the country is entitled to a fair trial.2
which to deal. However, law en- case had “falsified reports, mis- The notion of due process, or
forcement employers have an- represented the nature and extent fundamental fairness, is a basic
other important reason to screen of his investigative work, and right guaranteed by the Fifth and
potential hires, and to ensure that misidentified various defendants Fourteenth Amendments of the
their employees conduct them- during his investigation.”1 As a Constitution.3 This article exam-
selves in a manner consistent result, all 38 convictions in the ines how the due process clause

November 2003 / 25
impacts the judicial discovery discovery in a criminal case,”4 had received no consideration in
process and adversely affects criminal procedure rules dictate return for his testimony. In fact,
police officers with credibility the type of information that must he had received consideration
problems. be shared by the adversaries in from the state, but the prosecutor
any criminal proceeding. For ex- did nothing at trial to correct the
The Discovery ample, Rule 16 of the Federal falsehood. Napue was convicted
Process in General Rules of Criminal Procedure of murder, but appealed his con-
The goal of the American outlines what material the gov- viction when he discovered the
criminal justice system is to al- ernment shall provide to the de- false testimony. Not surpris-
low the truth to prevail. One way fense and, likewise, what mate- ingly, the Supreme Court de-
that courts endeavor to find the rial the defense shall provide to cided that the government’s use
truth is through pretrial discov- the government.5 However, the false evidence at trial of violated
ery. During discovery, the pros- Federal Rules of Criminal Proce- the due process clause of the
ecution and defense disclose to dure and the Federal Rules of Fourteenth Amendment. It did
each other certain evidence they Evidence6 are silent regarding not matter to the Court that the
intend to use at trial. With such information relating to the cred- falsehood related only to the
disclosure, the parties can ibility of witnesses, including credibility of the government’s
prepare in advance to test that law enforcement witnesses. This witness. The Court emphasized
evidence through cross-exami- is where the notion of “funda- that the “truthfulness and reli-
nation or expert testimony, en- mental fairness,” or due pro- ability of a given witness may
suring that the judge or jury hears cess,7 comes into play. well be determinative of guilt or
all sides of the case before they innocence, and it is upon such
decide guilt or innocence. From Napue to Brady subtle factors as the possible
Avoiding trial by surprise is a In 1959, the U.S. Supreme interest of the witness in testify-
surer route to the truth. Court decided the case of Napue ing falsely that a defendant’s
Although “there is no v. Illinois.8 In the case, a witness life or liberty may depend.”9
general constitutional right to falsely testified at trial that he This recognition of the impor-
tance of witness credibility set
the stage for a series of Supreme
Court decisions regarding the

“ ...constitutional due
process guarantees
the accused the right
to discover
government’s obligations con-
cerning witness credibility dur-
ing discovery.
In 1963, the U.S. Supreme
Court decided that constitutional
exculpatory evidence due process guarantees the ac-
cused the right to discover
in the possession of exculpatory evidence in the
the government. possession of the government.
Exculpatory evidence is any evi-


dence that is favorable to the
Special Agent Schott is a legal instructor at the FBI Academy.
accused and material to either
guilt or punishment. In Brady v.

26 / FBI Law Enforcement Bulletin


Maryland, 10 John Brady was their trial. Given the importance information regarding the earlier
convicted of first-degree murder of witness credibility, it was a promise should have been re-
and sentenced to death. Brady short step for the Supreme Court vealed to the defense.14
testified at his trial about his par- to take to decide that due process The Brady-Giglio require-
ticipation in the crime, but stated requires the government to dis- ment that the government dis-
that his companion was the ac- close to a defendant information close to the defense any informa-
tual murderer. Before trial, regarding witness credibility tion regarding the credibility of
Brady requested statements pro- prior to trial. The Court took that witnesses obviously extends to
vided to the government by the short step in Giglio v. United police officers called by the gov-
companion. The government de- States.12 ernment to testify. What type of
livered some statements, but information contained in person-


failed to provide the statement nel files of law enforcement of-
in which the second individual ficers is required to be released
admitted actually killing the to the defense pursuant to Brady-
victim. Upon receipt of this Giglio and the due process
Brady learned of the exist- information, the requirement of fundamental
ence of this statement after he prosecutor must fairness?
was convicted and sentenced to decide whether The Ninth Circuit Court of
death. The Supreme Court de- disclosure is required, Appeals confronted this issue in
cided that Brady’s conviction United States v. Henthorn. 15
should stand, but that he was en-
or should be reviewed Donald Gene Henthorn was con-
titled to present his accomplice’s by the presiding judge. victed of conspiring to import
statement in an effort to avoid and possess cocaine with intent


the death sentence. The court to distribute and for travel in in-
found that “suppression [of terstate and foreign commerce in
evidence] by the prosecu- aid of racketeering enterprises.
tion...violates due process where In Giglio, the assistant U.S. Prior to his trial, Henthorn’s at-
the evidence is material either to attorney (AUSA) who presented torney asked the prosecution “to
guilt or to punishment....”11 The the case to the grand jury made produce the personnel files of
well-known obligation of the a promise of leniency to a key all law enforcement witnesses
government to provide the de- witness. The prosecuting AUSA whom it intends to call at the
fense with exculpatory evidence, was unaware of the promise. trial...for evidence of perjurious
or “Brady material,” came from The witness testified at trial that conduct or other like dishonesty,
this landmark decision. he had not received anything in camera, to determine if those
(including the promise of le- portions of the officers’ person-
Extending Brady to niency) for his testimony. After nel files ought to be made avail-
Impeachment Material: being convicted, Giglio ap- able to the defense counsel for
Giglio and Henthorn pealed, arguing that the promise impeachment purposes.”16 The
As noted previously, the Su- to the witness should have been government objected, saying “it
preme Court recognized in the revealed to the jury for their con- had no obligation to examine the
Napue case that guilt or inno- sideration of his credibility. personnel files absent a showing
cence of an accused may turn on Based on its decision in Napue,13 by the defendant that they con-
the credibility of witnesses at the Supreme Court found that the tained information material to

November 2003 / 27
his defense.”17 The district court example, in 1996, the attorney fulfilled.21 It is then incumbent
denied Henthorn’s request be- general issued a U.S. Depart- upon the government attorney to
cause he had not identified spe- ment of Justice (DOJ) policy re- determine whether the informa-
cific wrongdoing on the part of garding the disclosure of poten- tion should be provided to the
the law enforcement witnesses. tial impeachment material for all defense or reviewed by the judge
The Ninth Circuit Court of DOJ investigative agencies. The presiding over the matter to
Appeals reversed the district policy obligated each investiga- make that determination.
court decision and remanded the tive agency employee to inform Because the parameters of
case. The appellate court found prosecutors of potential im- potential impeachment informa-
the government to be “incorrect peachment material as early as tion are not easily identifiable,
in its assertion that it is the possible prior to providing a the DOJ policy gives concrete
defendant’s burden to make an guidance regarding the type of
initial showing of materiality. information that investigative
The obligation to examine the agencies must provide to pros-
files arises by virtue of the ecutors. The following must be
making of a demand for their disclosed:
production.”18 • substantiated allegations—
It should be noted that the any finding of misconduct
initial request for records does demonstrating bias or lack
not obligate the government to of candor or truthfulness;
turn over information contained • pending investigations or
in law enforcement witness per- allegations—any credible
sonnel files. Rather, the request allegation of misconduct
merely obligates the government that reflects upon the truth-
to review the files. The files, or
fulness or possible bias of
information contained therein,
© Corbis the employee who is the
“need not be furnished to the
subject of a pending
defendant or the court unless sworn statement or testimony in
investigation;
they contain information that any criminal investigation or
is or may be material to the case. Putting this obligation on • criminal charges—any past
defendant’s case.”19 Ironically, the investigative agency em- or pending criminal charge
following remand to the district ployee relieves government against the employee; and
court, it was determined that the prosecutors from searching for • allegations that are unsub-
files contained nothing bearing such material. It does not, how- stantiated, not credible, or
on Henthorn’s case. In fact, they ever, change the fact that locat- have resulted in exonera-
contained numerous commenda- ing and producing material tion—when the allegations
tions, but nothing indicating dis- evidence contained in a law en- (unsubstantiated, not cred-
honesty or perjurious conduct.20 forcement witness’ personnel ible, or which resulted in
In light of Henthorn, many file is the obligation of the entire exoneration) can be said
prosecutors and law enforcement government prosecution team. to go to the truthfulness of
agencies implemented proce- When the investigative agency the employee, even they
dures to ensure compliance with employee notifies the prosecutor must be revealed to the
the notion of fundamental fair- of potentially incriminating prosecutor under certain
ness required by due process. For material, his duty has been circumstances.

28 / FBI Law Enforcement Bulletin


Upon receipt of this informa- what information is reasonably with the time element involved.
tion, the prosecutor must decide probable to change the result of a The Ninth Circuit Court of Ap-
whether disclosure is required or proceeding. In fact, after the pre- peals has examined when im-
should be reviewed by the pre- ceding discussion in the Ritchie peachment material becomes
siding judge. case, the Supreme Court ruled stale. In Harrison v. Lockyer,27
that Ritchie was entitled to a re- Jewel Harrison was charged with
Limitations mand so that the file in question attempted armed robbery, pos-
on Discovery could be “reviewed by the trial session of a firearm by a felon,
Naturally, judges or jurors court to determine whether it assault with a firearm, and dis-
who consider the testimony of contain[ed] information that charging a firearm at an occupied
witnesses should be aware of is- probably would have changed motor vehicle. Harrison sought
sues affecting credibility. There the outcome of his trial.”25 This discovery of police department
are, however, limits on what de- records for impeachment infor-
fendants (and subsequent triers- mation regarding his arresting


of-fact) are entitled to learn officer, including records of
about law enforcement wit- complaints involving events oc-
nesses, notwithstanding the fact ...locating and curring more than 5 years before
that the information relates to the producing material the incident at issue, and all
witnesses’ veracity. evidence contained in documents in another officer’s
Even when information ex- personnel file.28
ists that clearly could be consid-
a law enforcement Relying on California evi-
ered Brady material, due process witness’ personnel file dentiary statutes,29 the trial court
may not require its disclosure. is the obligation of the denied discovery of records pre-
For example, in Pennsylvania v. entire government dating the incident by more than
22
Ritchie, the U.S. Supreme prosecution team. 5 years. Harrison appealed, con-
Court stated that “[e]vidence is tending that the 5-year cutoff


material only if there is a reason- violated his due process rights to
able probability that had the a fair trial. Based on a decision of
evidence been disclosed to the the California Supreme Court
defense, the result of the pro- difficulty in determining just from an analogous case ques-
ceeding would have been differ- what is “material to guilt or pun- tioning the constitutionality of
ent. A ‘reasonable probability’ is ishment” has caused many inves- the 5-year cutoff,30 the Ninth
a probability sufficient to under- tigative agencies to err on the Circuit Court of Appeals held
mine confidence in the out- side of caution and at least that “despite the statutory cut-
come.”23 Determining this mate- provide potentially material in- off, citizen complaints against
riality is vital because, as the formation to prosecutors so that officers are subject to disclosure
Court reiterated in Ritchie, “the they (and possibly the judge in if they are ‘exculpatory.’” 31
government has the obligation to camera) can make the final deci- The statutory 5-year cutoff,
turn over evidence in its posses- sion as to dissemination.26 however, was not deemed
sion that is both favorable to the Another factor affecting unconstitutional.
accused and material to guilt or whether potential Brady material While examining the statute
punishment.”24 Of course, the concerning a law enforcement at issue in the state case, 32
difficult question is determining witness is discoverable has to do the California Supreme Court

November 2003 / 29
addressed whether the prosecu- constitutional right to a fair trial. Brady when they turn exculpa-
tion has an obligation to retain The denial may result in a con- tory and impeachment evidence
evidence (including impeach- viction being overturned, a sen- over to the prosecutor.”37 Be-
ment material in an officer’s per- tence being vacated, the prosecu- cause this type of information
sonnel file) for an indefinite pe- tion having to conduct a second had not been provided to the
riod of time. Citing the fact that costly and time-consuming trial, prosecutor in the case, the three
“[m]any if not most law enforce- or the decision to pursue a differ- individuals were not entitled to
ment agencies have a policy of ent remedy against the aggrieved qualified immunity. Rather, the
routinely destroying citizen defendant. The constitutional relevant case law “clearly estab-
complaints after 5 years,”33 the violation also may have severe lished that an accused’s due pro-
court held that “[a] law enforce- consequences for the law en- cess rights are violated when the
ment agency’s destruction of a forcement officer who intention- police conceal exculpatory or
citizen’s complaint violates a ally withholds Brady material. impeachment evidence.”38 When
defendant’s right to due process © Adobe Image Library
officers intentionally withhold
only when the complaint’s ex- Brady material from the pros-
culpatory value to a particular ecutors with whom they work,
criminal case is readily apparent they are clearly subjecting them-
before its destruction.”34 In al- selves to personal liability for
lowing the destruction of 5-year- violating a defendant’s constitu-
old records except in the “readily tional rights to due process.
apparent” situation, the Califor-
nia Supreme Court acknowl- Related Issues Concerning
edged that “after 5 years a Release of Personnel
citizen’s complaint of officer File Information
misconduct has lost considerable A defense attorney in a re-
relevance.”35 Law enforcement cent drug conspiracy case made
agencies should consider these an interesting request for infor-
issues of timeliness and materi- In McMillian v. Johnson,36 mation. In Kallstrom v. City of
ality when deciding what, if Walter McMillian sued the sher- Columbus,39 a group of under-
any, information to purge from iff, an investigator for the district cover police officers involved in
employee personnel files. attorney, and an Alabama Bu- a federal investigation of a vio-
reau of Investigation agent for, lent gang in Columbus, Ohio,
Ramifications among other allegations, with- objected to the release of per-
of Nondisclosure holding exculpatory and im- sonal information contained in
The Supreme Court relied on peachment evidence during his their departmental personnel
the constitutional provision murder trial. In deciding whether files. Unfortunately, by the time
of due process in rendering the law enforcement officials of their suit against the city of
its Brady decision. If the require- were entitled to qualified immu- Columbus, the information had
ment of disclosing information nity from the lawsuit for a consti- been released to the attorney.
material to a defendant’s guilt tutional violation, the Eleventh Consequently, the officers
or innocence, or his sentencing, Circuit Court of Appeals recog- sought compensatory damages
is violated, the government nized that “[i]nvestigators sat- and an injunction to prevent
has violated that defendant’s isfy their obligations under further dissemination of their

30 / FBI Law Enforcement Bulletin


personal information. It should violated the defendant’s right to that the person is not a viable
be noted that the attorney who due process. Information reflect- witness would be both frustrat-
received the information from ing upon the credibility of a gov- ing and costly. It is equally im-
the city did so pursuant to a re- ernment witness is information portant to provide training to
quest under the Ohio Public that a defendant is entitled to current employees so that they
Records Act,40 not as part of the have his trier-of-fact (whether understand the potentially far-
discovery process involved in judge or jury) consider. This rule reaching ramifications of a bad
the criminal trial. Nevertheless, applies when the government decision that affects their cred-
the officers claimed that the city witness is a law enforcement ibility. That single mistake in
of Columbus violated their rights officer. Officers who intention- judgment will affect them for
to privacy as guaranteed by the ally withhold information that their entire law enforcement
Fourteenth Amendment of the career.
Constitution.


The Sixth Circuit Court of Endnotes
Appeals, while refusing to pro- 1
Lee Hockstader, “For Tulia, ‘It Feels
vide the officers with a “blanket A single lie can So Good’: Texas Inmates Freed After Four
prohibition against the future re- taint that officer’s Years in Prison on Suspect Charges,” The
Washington Post, June 17, 2003, p. A1.
lease of information contained in credibility forever and 2
U.S. CONST. amend. VI ensures that
their personnel files,”41 did rule render the officer “In all criminal prosecutions, the accused
that a party could avoid disclo- virtually useless as a shall enjoy the right to a speedy and public
trial, by an impartial jury....”
sure of highly personal informa- courtroom witness. 3
U.S. CONST. amend. V, which
tion if releasing the requested pertains to the federal government,


private information would place prohibits the deprivation of life, liberty, or
“an individual at substantial risk property without due process of law. U.S.
of serious bodily harm, possibly CONST. amend. XIV provides, “...nor
even death, from a perceived affects their credibility deprive shall any State deprive any person of life,
liberty, or property, without due process of
likely threat,”42 and the court de- defendants of their constitutional
law.”
termines that the individual’s right to due process. No matter 4
Weatherford v. Bursey, 429 U.S. 545,
privacy interest outweighs the how destructive to the prosecu- 559 (1977).
public’s need for disclosure.43 tion, or personally embarrassing 5
All states have rules dictating their
Clearly, the requirements of the information may be, it must discovery process similar to those found in
the federal system.
Brady and due process do not be disclosed at least to the gov- 6
Rule 402 of the Federal Rules of
require the release of highly per- ernment prosecutor. Only then Evidence provides that “[a]ll relevant
sonal, nonmaterial information can the prosecutor determine evidence is admissible,” while “[e]vidence
relating to police officers. whether the information should which is not relevant is not admissible.
7
be disseminated to the defense or Supra note 3.
8
Conclusion 360 U.S. 264 (1959).
reviewed by a judge in camera 9
360 U.S. at 269.
Law enforcement officers for making that determination. 10
373 U.S. 83 (1963).
take an oath to support the Clearly, law enforcement 11
Id. at 87 (emphasis added).
U.S. Constitution.44 If an officer agencies are justified in going to 12
405 U.S. 150 (1972).
13
fails to provide information fa- great lengths when they conduct Supra note 8.
14
405 U.S. at 155.
vorable to a criminal defen- extensive background checks on 15
931 F.2d 29 (9th Cir. 1991), cert.
dant—regarding either guilt prospective employees. Hiring denied, 503 U.S. 972 (1992).
or sentencing—that officer has someone only to discover later 16
Id. at 30.

November 2003 / 31
28 40
17
Id. Id. at 1065. Ohio Rev. Code Section 149.43. The
29
18
Id. at 31. Cal. Evid. Code Sects. 1043 and Ohio General Assembly subsequently
19
Id. 1045. amended this law to limit access to peace
30
20
United States v. Henthorn, 985 F.2d City of Los Angeles v. Superior officer records. The amendments took
575 (9th Cir. 1992) (unpublished opinion). Court, 52 P.3d 129 (Cal. 2002). effect in December 1999.
31 41
21
See, e.g., McMillian v. Johnson, 88 Supra note 27 at 1066. 136 F.3d at 1067.
32 42
F.3d 1554 (11th Cir. 1996), cert. denied, Supra note 30. Id. at 1064.
33 43
521 U.S. 1121 (1997). Supra note 30 at 135 (citing People Id. at 1064-1065.
44
22
480 U.S. 39 (1987). v. Jackson, 920 P.2d 1254 fn. 10 (Cal. U.S. CONST. art. VI.
23
Id. at 57, citing United States v. 1996)).
34
Bagley, 473 U.S. at 682 (opinion of Supra at 135-136 (citing California Law enforcement officers of other than
Blackmun, J.). v. Trombetta, 467 U.S. 479, 488 (1984)). federal jurisdiction who are interested
35
24
Id. at 57 (emphasis added). Supra at 135. in this article should consult their legal
36
25
Id. at 58. Supra note 21. advisors. Some police procedures
37
26
See, e.g., the DOJ’s policy discussed 88 F.3d at 1567. ruled permissible under federal
38
in this article regarding the sharing with Id. at 1569. constitutional law are of questionable
39
government prosecutors of potential 136 F.3d 1055 (6th Cir. 1998), on legality under state law or are not
impeachment information. remand, 165 F. Supp. 2d 686 (S.D. Ohio permitted at all.
27
316 F.3d 1063 (9th Cir. 2003). 2001).

Crime Data

Law Enforcement Fatalities, 2002

I n the year 2002, 147 law enforcement officers across the nation were killed in the line of
duty, well below the decade-long average of 165 deaths annually and a major drop from
2001, when 230 officers were killed (including 72 officers in the September 11 attacks).
According to preliminary figures released by the National Law Enforcement Officers
Memorial Fund (NLEOMF) and the Concerns of Police Survivors (COPS), the states that
suffered the most fatalities were Texas (15), South Carolina (9), California (8), North Caro-
lina (7), Maryland (6), New York (6), Arizona (5), Florida (5), Illinois (5), and Missouri (5).
The figures also include 10 federal law enforcement fatalities.
Of the 147 officers killed during 2002, 55 were shot to death, 44 died in automobile
accidents, 14 were struck by automobiles while on duty outside their vehicles, 8 succumbed
to job-related illnesses, 7 died in motorcycle accidents, 7 were killed in aircraft accidents, 3
drowned, 2 were struck by a train, 2 were beaten to death, 2 were stabbed to death, 1 was
killed in a bomb-related incident, 1 was killed by a falling object, and 1 was killed in an
accident involving a horse. Fourteen of the officers were women, which tied the record high
total set in 1998 for female officer deaths.
Additional information is available through the NLEOMF Web site at http://www.nleomf.
com/media.

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.

Responding to a call of
alleged trespassers and a strong
odor of propane gas in a vacant
house, Sergeant Sam Baker and
Deputies James Nettles and
Jaime Swetich of the White Pine
County, Nevada, Sheriff’s Office
arrived at the house. The indi-
vidual who reported the informa-
Sergeant Baker Deputy Nettles Deputy Swetich
tion advised that he had turned
off the propane gas, but when
returning from calling the sheriff’s office, someone had turned the gas on again. After the
deputies shut off the gas, a cursory search of the house located two men huddled in the base-
ment. The young men were not breathing but still had light pulses. The young men were taken
outside where their breathing returned to normal before other emergency personnel arrived. It
was determined that the two young men were intent on committing suicide, but the quick and
decisive actions of Sergeant Baker and Deputies Nettles and Swetich saved their lives.

Early one morning, while refueling his vehicle, Officer Earl Tuckman
of the Kenilworth, Illinois, Police Department witnessed smoke billow-
ing from a nearby home. Officer Tuckman rushed to the burning estab-
lishment and was able to wake up the sleeping mother, father, and three
children. Once making sure the family was safe from the fire, Officer
Tuckman helped the family secure lodging for the evening and remove
personal effects from the home. Officer Tuckman’s courage and compas-
sion helped save the lives of an entire family and helped them cope with
their tragedy.
Officer Tuckman
U.S. Department of Justice Periodicals
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