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December 2000

Volume 69
Number 12
United States
Department of Justice
Federal Bureau of Investigation
Washington, DC 20535-0001

Louis J. Freeh
Director Features
Contributors' opinions and statements
should not be considered an
endorsement by the FBI for any policy, Law enforcement agencies throughout
program, or service. Police Officer Candidate
The Attorney General has determined
Assessment and Selection 1 the United States have a diverse choice
of methods to assess and select their
that the publication of this periodical is By David A. DeCicco officers.
necessary in the transaction of the
public business required by law. Use
of funds for printing this periodical has Advanced technology has spawned
been approved by the Director of the The Advent of the
Office of Management and Budget. Computer Delinquent 7 a new and younger generation of
computer criminals.
The FBI Law Enforcement Bulletin By Arthur L. Bowker
(ISSN-0014-5688) is published
monthly by the Federal Bureau of
Investigation, 935 Pennsylvania Prohibited Discrimination The ADA requires employers to
Avenue, N.W., Washington, D.C.
20535-0001. Periodicals postage paid
at Washington, D.C., and additional
Under the Americans with 14 reasonably accommodate the
disabilities of their employees
mailing offices. Postmaster: Send
Disabilities Act and applicants.
address changes to Editor, FBI Law By Thomas D. Colbridge
Enforcement Bulletin, FBI Academy,
Madison Building, Room 209,
Quantico, VA 22135.

Editor Departments
John E. Ott
Associate Editors
Glen Bartolomei 12 Technology Update 25 2000 Subject Index
Cynthia L. Lewis
Unsolved Case
Bunny S. Morris
Art Director
Fingerprint Matching 28 2000 Author Index
Brian K. Parnell
Assistant Art Director 22 Focus on the Media
Denise Bennett Smith Fine Tuning Your
Staff Assistant
News Briefing
Linda W. Szumilo

This publication is produced by

members of the Law Enforcement
Communication Unit,
William T. Guyton, Chief.

Internet Address

Cover Photo
© Digital Stock

Send article submissions to Editor,

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

ISSN 0014-5688 USPS 383-310

Police Officer Candidate
Assessment and Selection

© Tr

F or some individuals, the it can prove hazardous, if not make quick decisions and seldom
mere sight of a law enforce- debilitating. make them under direct supervi-
ment officer can elicit feel- Police officer misconduct may sion. Improper actions can prove
ings of excitement, curiosity, or arise as a result of the various pres- very costly, not only with regard to
fear; however, these are mild ef- sures this profession exerts, from monetary judgements, but also in
fects that citizens can experience officers’ inappropriate manage- terms of investigative costs, person-
from afar. Yet, the officers them- ment of the ensuing stress. The de- nel costs (i.e., staff shortages due to
selves often experience long peri- partments and governments that po- suspensions, dismissals, and tempo-
ods of boredom, peppered with lice officers represent frequently rary reassignments), and morale.1
moments of excitement and even incur lawsuits as a result of the of- Some experts believe that more
sheer terror. In the lives of many ficers reaction to stress. In addition, or improved training will suffi-
officers, adrenalin becomes a drug the actions of individual officers ciently manage the risks associated
and adversity becomes part of their can impact civilian and officer with police officer misconduct.
daily lives. Handling feelings of safety, and more generally, public However, departments rarely make
separation, uselessness, and frus- opinion of a department or of law improvements in the selection pro-
tration becomes a ritual habit. enforcement as a whole. Police of- cess of candidates prior to training.
Some officers handle the stress of ficers are entrusted with a tremen- Police managers should direct criti-
the job adequately, while for others dous amount of authority. They cal emphasis in this initial phase in

December 2000 / 1
“ ...the assessment
center approach is...
designed to simulate
directly for employment or taking a
scheduled exam, usually given by
the county or city personnel office.
Administrators should remember
that agencies hire less than 4 per-
actual police officer cent of those who apply to become
responsibilities police officers.4 In the next phase,
and working the personnel officer administers a
group exam designed to test candi-
conditions. dates’ verbal skills, math aptitude

and reasoning, clerical, and related
perceptual abilities.5 After grading
Officer DeCicco serves with the Clarkstown
this exam, which generally takes a
Police Department in Rockland County, New York. few months, jurisdictions with
openings will receive a list of the
top-scoring candidates. Often, these
candidates will have qualified
order to effectively combat the A COMPREHENSIVE already on a physical fitness test,
problem. The New York City Police APPROACH which requires minimum perform-
Department estimated that each Although methods of assess- ance on such exercises as sit-ups,
new officer costs approximately ment and selection of candidates pull-ups, squat thrusts, and a 50-
$500,000, which includes expenses vary among the approximate 12,000 yard dash.
incurred from recruitment through local and state law enforcement Once applicants pass the first
the end of an officer’s probationary agencies in the United States, many phase, agencies may use a variety of
period.2 Many benefits of weeding similarities exist between the long- tests to further determine qualified
out potentially hazardous officers standing departments. Some of the candidates. For example, depart-
exist. These can include the finan- tactics used may include written ments may use all or a combination
cial savings of training and possible tests, a background investigation, of various methods, such as field
litigation as well as the influence physical exam, and an interview. background investigations, medical
that “bad” officers could have on The majority of agencies must fol- examinations, physical strength and
their peers. Moreover, because su- low state civil service regulations. agility tests, situational tests, psy-
pervisory and managerial positions For example, the New York State chological examinations, polygraph
generally are filled from within, the Civil Service Commission adminis- tests, and assessment centers.
selection of entry-level officers ters the preliminary police officer
greatly affects the future leadership exam and then reports the results to Background Investigation
of a department.3 Police managers departments who supervise subse- Research has shown that all de-
often assert that recruiters place too quent stages of selection and assess- partments use background investi-
much emphasis on obtaining a large ment within the regulations set by gations and medical examinations.
applicant pool, rather than quality the Civil Service Commission. Generally, departments place em-
applicants who have prepared for However, many larger city jurisdic- phasis on the background investiga-
this type of career. Therefore, in tions can administer their own exam tion because an intensive back-
order to have better patrol officer while adhering to both city and state ground investigation can help to
performance, departments should civil service directives. ensure agencies recruit only the
scrutinize the selection of candi- A typical candidate will ex- most qualified individuals and also
dates before attempting improve- press their interest in becoming a can indicate an applicant’s compe-
ments in officer training. police officer by either applying tency, motivation, and personal

2 / FBI Law Enforcement Bulletin

ethics.6 During this process, a can- a physician, appointed by the de- criticize the process as having a dis-
didate usually will complete a back- partment or certifying personnel parate impact on women. As a re-
ground questionnaire covering a agency, for a complete physical ex- sult, some applicants who fail this
breadth of data, including all places amination. The physician should at- part of the process sue law enforce-
of residence, level of education, test that the candidate is generally ment agencies alleging that the tests
identities of family members and in good health and meets certain do not assess job-related skills. If a
friends, and personal references. minimum standards such as a height physical agility test has a disparate
The questionnaire will ask an appli- to weight ratio, 20/20 eyesight (cor- impact on female applicants then
cant to provide an employment rected), and adequate hearing. such a test violates Title VII of the
record, credit history, criminal his- 1964 Civil Rights Act. The only
tory, and any alcohol or other drug justification for a disparate impact

use. This document then serves as a is proof that the standards tested are
basis for the investigation. required for the job. Police agencies
The investigator will confirm often have lost legal challenges in
the veracity of each piece of infor- ...the selection of such cases unless they could show
mation submitted by personally vis- entry-level officers that these standards apply to all of
iting all high schools and colleges greatly affects the their on-board sworn personnel.
that the candidate has attended, as future leadership The argument is that if the standard
well as interviewing past employers is requried for the job then it is
to discuss a candidate’s work ethic,
of a department. necesary for people who already
performance, honesty, and sociabil- have the job. Because few police

ity. A candidate’s credit history can agencies are willing to fire employ-
serve as a cross-check of informa- ees who cannot meet such stan-
tion on previous employers, ad- dards the courts have not upheld
dresses, creditors, history of credit Physical Strength them. Only when the standard can
payments, and any civil action and Agility Tests be related to a public safety issue
taken against the candidate. Investi- Research revealed that 80 per- and is applied to on-board person-
gators can obtain driving and crimi- cent of departments require appli- nel, will such standards be upheld.
nal records from state and federal cants to take a physical fitness test.8 Some departments have devel-
authorities to determine if an appli- The state civil service commission oped a newer battery of tests to as-
cant has any disqualifying offenses. may require this type of test, which sess specific characteristics needed
In addition, the investigator should departments may administer subse- for police officers, but less simula-
interview neighbors, spouses, and quent to the written exam. Most tive in nature than other tests and
personal references to provide more agencies hold this test in the gymna- scaled based on age and sex. This
details on the applicant’s back- sium of a local high school and of- new test uses push-ups or a bench
ground and lifestyle. Finally, to ten include pull-ups, to test press to test absolute strength,
complete this phase, a formal board strength; sit-ups, to test endurance; sit-ups for muscular endurance, a
interview should ask candidates to a run, to measure aerobic endur- 1.5- to 2-mile run for aerobic capac-
discuss current events, their interest ance; and an obstacle course, squat ity, and a “sit-and-reach” for flex-
in law enforcement, personal and thrusts, or side lunges, to test agil- ibility. In one department, a male,
professional backgrounds, and any ity. The exam also may include a age 20 to 29, would need to com-
discrepancies discovered by the in- test of hand strength to verify an plete a minimum of 38 sit-ups in 1
vestigating officer.7 applicant’s ability to pull the trigger minute, reach 1.5 inches past his
of a gun. toes, bench press 99 percent of his
Medical Exam Although these exercises re- body weight, and complete 1.5
This section of the hiring pro- main typical among many de- miles in less than 12 minutes and 51
cess requires that the candidate visit partments, some individuals often seconds.9

December 2000 / 3
Departments use these screens
One Department’s Assessment Method to determine that a police officer
The Appleton, Wisconsin, Police Department uses various candidate is mature, emotionally
exercises to assess their police officer candidates. stable, independent, sociable, and
capable of functioning in stressful
• Group discussion – A leaderless interaction regarding a law situations. A certified psychologist,
enforcement topic that an entry-level candidate can under- with experience in psychological
stand that will elicit information on a candidate’s interper- assessment for law enforcement,
sonal and communication skills. should direct this screening
• Situational response – Observation of a department-pre- process.
pared video tape requiring a written response regarding the Initially, the candidate should
situations presented that will obtain information to help take a personality inventory test. Of
gauge a candidate’s problem-solving and written commu- the exams used in police testing
nication skills. circles, the most popular are the
• Oral presentation – Assignment of a topic for a candidate to Minnesota Multiphasic Personality
present, with a limited preparation time to stimulate stress. Inventory, used by 60 percent of
Topics should elicit information on how well a candidate departments, and the California
can adapt and react to adverse situations. Personality Inventory, used by 19
percent of departments.11
• Background/achievement report – Response to questions Agencies must use the results in
that develop information about each candidate’s life history conjunction with other components
and preparation for a law enforcement career. of a psychological assessment in or-
• Observational response – Analysis of a crime scene or der for these test results to prove
prepared room, with instructions to document observations most useful. The psychologist
or find clues, which illustrates a candidate’s information- should use the test results to indi-
gathering and problem-solving skills. cate areas that investigators should
probe further during an interview.
Source: B. D. Kolpack, “The Assessment Center Approach to Police The interview should follow a stan-
Officer Selection,” Police Chief, September 1991, 44-46. dardized format and elicit informa-
tion relevant to a candidate’s char-
acteristics suitable for employment
as a police officer.
The psychologist then should
formulate a decision whether to per-
Situational Tests exercises. Some individuals view mit or withhold employment of a
Fifty-eight percent of depart- this approach as an increasingly candidate and prepare a written
ments use some type of real-life, promising method of selection. conclusive summary that com-
simulated testing.10 These tests may pletely articulates the assessment
include mock crime scenes, simu- Psychological Testing process and the reasoning behind
lated traffic stops, shoot/don’t shoot Candidates disqualified from the decision. In order to provide a
decisions, leaderless group discus- employment based on psychologi- legally defensible report, the asses-
sions, or role-playing scenarios. cal findings also can file lawsuits sor also should include specific ex-
Assessment centers also use these against the police agency. Fortu- amples of a candidate’s character
types of exercises that incorporate nately, adjustments to the methods pathology (e.g., behavior, prompt-
many of the traditional tech- used and the way the findings are ness, and dress).
niques of selection with the addi- reported can reduce the expense of Of all the phases in the selec-
tion and emphasis on situational defending such decisions. tion process, administrators should

4 / FBI Law Enforcement Bulletin

consider the psychological exam an assessment center approach. individuals who scored highest on
with particular caution and meticu- An assessment center is a place the exam to notify them of the date
lous planning. The psychological where a series of events or exer- and time to report for the assess-
testing must accurately predict an cises will occur; however, the as- ment test. Generally, this test occurs
applicant’s performance as a po- sessment center approach is a in a 1-day session, during which
lice officer before departments can method that supplements the tradi- assessors rank all of the candidates.
use it as a basis to disqualify an tional assessment and selection pro- Most departments hold assessment
individual.12 cedures with situational exercises centers in a local school or a large
designed to simulate actual police facility that offers a variety of
Polygraph Tests officer responsibilities and working rooms suitable for each phase of the
Although prohibited from use in conditions. testing.
most private sectors by the Em- First used in its basic form by Each candidate participates al-
ployee Protection Act of 1988, gov- the Cincinnati, Ohio, Police Depart- ternately in a series of five to eight
ernment organizations can use poly- ment in 1961, today, nearly 35 per- exercises, each designed to assess a
graph testing. Approximately 56 cent of police agencies use the as- particular “dimension” necessary
percent of police departments use sessment center approach in some for a police officer. For example,
this test, based on measures of a form.15 Some individuals predict the exercises ensure a candidate’s
person’s respiration, heart rate, and this number to increase steadily, as ability to deal with the public, main-
galvanic skin response.13 A quali- tain emotional stability in stressful

fied polygrapher will inquire about situations, work in teams, com-
the information applicants provide municate adequately, and demon-
on their background questionnaire strate the proper use of force.16 Ad-
in order to verify accuracy and com- ...agencies may ditionally, administrators should
pleteness and to note any significant use a variety of ensure that the tests—
physiological irregularities. tests to further • remain standardized;
A great deal of controversy has determine qualified • prove relevant and realistic
arisen as to the validity of poly- candidates. to situations police officers
graph measurements; therefore,
might expect to face in the

departments should look at the re-
line of duty;
sults as a small part of a candidate’s
assessment process. Law enforce- • have several alternative
ment professionals and polygraph the legal defensibility of this solutions;
administrators should use the ma- method becomes more widely ap- • remain complex enough to
chine to deter lying, rather than to preciated. However, the relatively engage the candidate;
detect it. The U.S. Court of Appeals high cost of implementation has
hindered the employment of this • prove stressful enough to
for the Third Circuit decided that
approach by more departments. Ad- elicit a number of possible
“...in the absence of scientific con-
ditionally, the fact that the exercises emotional responses; and
sensus, reasonable law enforcement
administrators may choose to in- used do not require the candidate to • not require specialized
clude a polygraph requirement in have knowledge about police proce- abilities.17
their hiring process without offend- dure raises another concern. Individuals specifically se-
ing the equal protection clause.”14 A department using the assess- lected and trained to serve as asses-
ment center approach should follow sors will rate the performance of
Assessment Centers a general outline. The first phase, each candidate. Some experts sug-
First, police administrators where the candidates take the police gest departments use one assessor
must realize the difference be- officer exam, remains unchanged. for every two candidates and that
tween an assessment center and Next, test administrators contact the the assessment panel include a

December 2000 / 5
police administrator, a psychologist, hold an enormous amount of au- quality police officers serve and
and a local citizen with a back- thority. The performance of these protect their communities.
ground in social work or commu- officers likely will undergo strict
nity service. 18 Assessors should criticism by a more-watchful-than- Endnotes
remain thoroughly trained and fa- ever public. 1
G. F. Coulton and H. S. Feild, “Using
miliar with the methodology of The courts have encouraged Assessment Centers in Selecting Entry-Level
the process and the exercises used the use of assessment centers as Police Officers: Extravagance or Justified
and the dimensions being tested. the most fair and job-related method Expense?” Public Personnel Management,
1995, 2: 223-243.
They also should practice per- of assessing police officer candi- 2
E. Fitzsimmons, “N.Y.P.D. Psychological
forming such ratings. Assessors dates. No other assessment tool Screening of Police Candidates: The Screening
should develop an overall rating of can better extract behavior from Process, Issues and Criteria in Rejection,”
each candidate by discussing indi- candidates that would parallel their Psychological Services for Law Enforcement,
Library of Congress No. 85-60053 8 (Washing-
vidual performance on the exercises performance on the job. When ton, DC: Government Printing Office, 1986).
and then come to an agreement with properly executed, the assessment 3
Supra note 1.
other assessors on each dimension. center approach will raise emo- 4
M. Hyams, “Recruitment, Selection, and
tions and stress that cannot be Retention: A Matter of Commitment,” Police
CONCLUSION Chief, September 1991, 24-27.
roused with other traditional testing 5
P. Ash, K. B. Slora, and C. F. Britton,
Law enforcement agencies methods. “Police Agency Officer Selection Practices,”
throughout the United States have Administrators should place the Journal of Police Science and Administra-
a diverse choice of methods to as- assessment center method as an tion, 17, no. 4 (1990): 258-269.
T. H. Wright, “Pre-employment Back-
sess and select their officers. The integral part of a comprehensive ground Investigations,” FBI Law Enforcement
actual assessment and selection selection procedure. In doing so, Bulletin, November 1991, 16-21.
procedures prove critical in that they can confidently make new 7
D. Bradford, “Police Officer Candidate
process and present a prime oppor- officer hires, and more important, Background Investigation: Law Enforcement
Management’s Most Effective Tool for
tunity to scrutinize those who will ensure residents that the highest Employing the Most Qualified Candidate,”
Public Personnel Management, 27, no. 1
(1998): 423-424.
Supra note 5, 27, no. 1 (1998). The
Americans With Disabilities Act (ADA)
Use of Testing Procedures prohibits inquiries into disabilities until an
agency has made a conditional offer of
Type of Procedure Number of Agencies Percentage employment. This has the effect of
prohibiting broad physical examinations
Field Background 62 100.0 prior to such an offer being made.
Investigation 9
As published in Suffolk County, New
Medical Exam 62 100.0 York, Police Officer Examination Announce-
ment, given May 1999.
Physical Strength 49 79.6 10
Supra note 5.
and Agility Tests 11
Supra note 5.
Situational Tests 36 58.1 12
D. Schofield, “Hiring Standards:
Polygraph 35 56.5 Ensuring Fitnress for Duty,” FBI Law
Enforcement Bulletin, November 1993, 27-32.
Psychiatric Exam 35 56.5 13
Supra note 5.
Assessment Centers 14 22.6 14
Anderson v. City of Philadelphia, 845
F.2d 1225 (3rd Cir. 1988).
Agency Usage (N=62) 15
Supra note 1.
J. Pynes, and H. J. Bemardin, “Entry-level
Source: P. Ash, K.B. Siora, and C.F. Britton, “Police Agency Officer Police Selection: The Assessment Center Is
Selection Practices,” Journal of Police Science and Administration, an Alternative,” Journal of Criminal Justice,
17, no. 4 (1990): 258-69. 1992, 20: 41-52.
Supra note 1.
Supra note 1.

6 / FBI Law Enforcement Bulletin

The Advent of the
Computer Delinquent
© Sarah W. Guyton

Contents blurb: Advanced technology has spawned a new and younger generation of computer criminals.
Text blurbs: ...new avenues of delinquency have begun to develop with each technological advance.
...the number of juveniles who have direct access to a computer and the Internet has risen sharply.
Fortunately, basic tools exist for officers to use in developing a preventive program for children.

I n Chesterfield County, Vir- lights, and stealing passwords from have begun to develop with each
ginia, a 16-year-old pleaded an Internet provider.5 technological advance. Four factors
guilty to computer trespassing These and other incidents illus- contribute to these new avenues.
for hacking into an Internet pro- trate the types of computer delin- First, today’s youth possess more
vider’s system, causing $20,000 in quency6 that have become com- technological knowledge than any
damage.1 Five boys, ages 14 to 17, monplace in a technologically previous generation. They have
pleaded guilty to charges stemming advanced society. What has led to grown up with the personal com-
from counterfeiting money on one this problem, and what can the puter and the Internet. Due to this
of the youth’s home computers.2 A law enforcement community do to exposure, today’s young people can
14-year-old boy in Mount Prospect, deter those of today’s youth who conceive readily of the potential for
Illinois, pleaded guilty to posses- have grasped the computer’s useful- both legitimate and illegitimate
sion of child pornography after ness in committing serious acts of computer use.
downloading child pornographic delinquency? Next, some evidence points to
images onto his computer.3 Five ju- an apparent ethical deficit in
veniles faced federal adjudication4 Factors Contributing to today’s youth, concerning appropri-
for hacking into computers at the Computer Delinquency ate computer use. For example,
Pentagon and NASA, accidentally With the advent of the 21st cen- a 1997 study of undergraduate
shutting down an airport’s runway tury, new avenues of delinquency college students revealed that a

December 2000 / 7
substantial number had pirated fraud, and computer hacking. expensive equipment and extensive
software.7 Many of these students Through these peer contacts, many expertise, literally “child’s play.”
had gained illegal access to a com- juveniles learn about and support As all of these factors have
puter system to either browse or ex- computer crimes. come together, the number of juve-
change information. These findings Finally, computers themselves niles who have direct access to a
proved similar to those of another make successful completion of cer- computer and the Internet has risen
study done 5 years earlier. The 1997 tain acts of delinquency possible. sharply. According to the Office of
analysis further concluded that par- Specifically, computer use over the Justice Programs, more than 28 mil-
ents, and even teachers, may have Internet can conceal age and pro- lion children currently go on-line,
advocated certain computer crimes, vide a degree of anonymity that did and industry experts predict that
particularly software piracy. The not exist previously. Youths not old more than 45 million young people
study also noted that youths in- enough to operate a motor vehicle will use the Internet by 2002.8 Other
volved in computer crime, similar can use their computers—in their projections indicate that by the year
to other types of deviance, appeared own bedrooms, after curfew—to 2002, almost 80 percent of Ameri-
to learn this behavior through inter- break into a system in another coun- can teenagers will have access to
action with their peers. try. While in the past children may on-line material.9 This analysis also
Additionally, the peer groups have had difficulty making fraudu- reveals that many parents do not
that juveniles interact with have lent purchases, today they can go provide careful oversight of this
changed from school and neighbor- on-line and easily purchase those computer use. For example, de-
hood friends to a literal “global same age-restricted items by pending on the age group (either
community.” Unfortunately, this avoiding any suspicions based on from 11 through 15 or 16 through
larger peer group contains hundreds their youthful appearance. The 18 years of age), 38 percent of
of chat rooms, news groups, and computer also greatly facilitates the parents of the younger group
Web sites advocating pedophilia, their escape after the fraud becomes and 9 percent of the parents of the
drugs, and hate and racist groups, known. The power of the computer older group reported that they sit
along with information on identity makes counterfeiting or check with their children while they are
falsification, credit card and check fraud, offenses that once required on-line.
Sixty-eight percent of parents
of on-line children between the ages
of 11 and 15 said that they know
which Web sites their children visit,

“ Fortunately, basic
tools exist for
officers to use
while 43 percent of the parents of
the 16- to 18-year-olds reported
similar knowledge. In addition, 54
percent of the parents of the
younger group revealed that they
in developing a permit unlimited on-line access for
their children, while 75 percent of
preventive program the parents of the older children said
for children. that they allowed such computer

Mr. Bowker serves as a probation officer with the U.S. District

Court, Northern District of Ohio Probation Office in Cleveland.
” Costs of Computer
The losses or damages that a
delinquent can inflict have changed

8 / FBI Law Enforcement Bulletin

dramatically due to society’s in- adjudicating a delinquent takes careers as juveniles.11 Also, re-
creasing dependence on computers. place at the local level. Issues search has shown that “...persons
Traditionally, the actions of a single revolve around keeping the case in involved in computer crimes acquire
delinquent would cause very few the juvenile court system or, if seri- their interest and skills at an early
losses, injuries, or deaths. In the ous enough, a referral to the adult age. They are introduced to com-
past, for example, it proved almost system. Typically, few juvenile puters in school, and their usual ‘ca-
impossible for a juvenile delinquent cases involve multiple jurisdic- reer path’ starts with illegally copy-
to steal the amount of funds that a tions. However, a juvenile hacker ing computer programs. Serious
white collar criminal, such as an can cross state boundaries and even offenders then get into a progres-
embezzler, could purloin. Today, international boundaries with the sion of computer crimes including
however, a delinquent easily can click of a mouse. Moreover, it is telecommunications fraud (making
use a computer to facilitate a five- free long distance calls), unautho-
figure or other high-tech crime. The rized access to other computers

potential for disaster when a juve- (hacking for fun and profit), and
nile hacker disrupts or manipulates credit card fraud (obtaining cash ad-
safety functions, such as traffic sig- ...the number of vances, purchasing equipment
nals, air traffic control, floodgates, juveniles who have through computers).”12 Therefore,
or power grids, constitutes an even direct access to the entire criminal justice commu-
more troubling prospect. nity must not ignore or downplay the
Indirect costs of computer de- a computer and significance of computer delin-
linquency also require noting. “In- the Internet has quency because these “wayward
nocent” juvenile exploration into risen sharply. youths” may present future prob-
computer systems can cause expen- lems when they enter adulthood.

sive systems to crash and inflict fi-
nancial burdens to restore them. Law Enforcement
The prevalence of computer intru- Considerations
sions causes companies to take ad- not inconceivable for future ju- To effectively deal with the
ditional security measures and ob- venile offenders to cause an inter- computer delinquent, law enforce-
tain special computer insurance, national incident for hacking into an ment officers must make adequate
adding to the cost of goods and ser- unfriendly foreign country’s com- preparations. They must not forget
vices. Computer delinquency also puter. The jurisdictional questions their skills and rules of evidence/
wastes investigative resources that can begin to mount. Who handles procedure that they employ in in-
agencies could better employ. For these cases, the local authorities vestigating traditional delinquent
instance, an attack against defense where the juvenile resides or the behavior. Just because youngsters
computers could represent the work state or country of the target com- have mastered computer skills does
or juvenile “exploring” or an adult puter? Would federal prosecutors not mean that they can comprehend
terrorist bent on destroying systems have an interest in the case? Who their actions as against the law. For
or stealing technology. Frequently, decides which jurisdiction will pros- example, a 9-year-old who scans
it takes a costly investigation to ecute the case or whether the money for a school project does not
determine the suspects and their charge will be made in a juvenile or warrant the same response as a 15-
motives. adult court? year-old who counterfeits and
The jurisdictional concerns of Finally, some computer delin- passes money. Investigators must
technological crimes also makes ad- quents could become adult com- establish that delinquents have
judicating computer delinquents puter offenders. For example, sev- some knowledge that their behavior
even more complicated than a eral of the more infamous computer is problematic. Do the delinquents
typical delinquency case. Normally, offenders began their criminal conceal their computer actions from

December 2000 / 9
adults? Have they used passwords several states or countries? Having male is distributing these images to
and encryption to protect their sys- answers to these questions will pre- his friends? What about the 15-
tems? Did they erase or destroy pare law enforcement officers to year-old male with pornographic im-
files to conceal their actions? What present their findings to the appro- ages of an 8-year-old female on his
motivated them to commit the acts? priate parties for adjudication of the computer? Where are they getting
Did they profit from their behavior? delinquents. the images? Is an adult involved? Is
Was their offense committed to fi- The issue of child pornography the youth a victim of abuse? Law
nance other delinquent behavior and the computer delinquent raises enforcement officers, in consulta-
(e.g., drug use)? Have the youths additional concerns for law en- tion with prosecutors, should con-
exhibited similar behavior, either forcement officers. How should sider such scenarios before they
with or without a computer? What if they respond to a 15-year-old male have to face them.
officers uncover evidence on the who has pornographic images of a Law enforcement officers also
youths’ computers that indicate the 16-year-old female on his com- should take a preventive approach
delinquents have broken laws in puter? What if this 15-year-old to computer delinquency. Because

Code of Responsible Computing

Respect for Privacy that I own or that I have been given permission
I will respect others’ right to privacy. I will to borrow. I will only use software programs
only access, look in, or use other individuals’, that have been paid for or are in the public
organizations’, or companies’ information on domain. I will only make a backup copy of
computer or through telecommunications if I computer programs I have purchased or written
have the permission of the individual, organi- and will only use it if my original program is
zation, or company who owns the information. damaged. I will only make copies of computer
files and information that I own or have
Respect for Property written. I will only sell computer programs
which I have written or have been authorized
I will respect others’ property. I will only
to sell by the author. I will pay the developer
make changes to or delete computer programs,
or publisher for any shareware programs I
files, or information that belong to others, if I
decide to use.
have been given permission to do so by the
person, organization, or company who owns
Respect for Others and the Law
the program, file, or information.
I will only use computers, software, and
Respect for Ownership related technologies for purposes that are
I will respect others’ rights to ownership beneficial to others, that are not harmful
and to earn a living from their work. I will only (physically, financially, or otherwise) to others
use computer software, files, or information or others’ property, and that are within the

Source: Computer Learning Foundation (http://www.computerlearning.org/RespCode.htm); accessed

October 11, 2000.

10 / FBI Law Enforcement Bulletin

of its potential to create havoc, com- teachers to use when covering 2
“Students Fined for Funny Money:
puter delinquency warrants a seri- computer crime and ethics with Sentences Suspended in Butler,” Cincinnati
Enquirer, April 8, 1999.
ous preventive program aimed at their students. Law enforcement of- 3
Supra note 1.
the school-age child. In addition, the ficers could use these same materi- 4
Federal prosecution of juveniles rarely
typical computer investigation is als to develop outreach programs occurs because 18 U.S.C. § 5032 requires that a
very time consuming and costly. for schools in their communities. “substantial federal interest” exists and the state
does not have or refuses to assume jurisdiction;
Hence, the prevention of even one Such programs also could include the state does not have adequate services or
such investigation justifies the “cyber-safety” tips to ensure that programs for juveniles; or the offense is a
focus on educating youths regard- children do not fall victim to preda- violent felony, drug trafficking or importation,
ing computer ethics. Researchers tors on the Internet. or is a firearms offense.
Supra note 1.
agree. “At one level, basic prin- 6
In this article, computer delinquency refers
ciples of computer ethics can be in-

to any delinquent act or criminal behavior
stilled in children (and adults) from committed by a juvenile where a computer was
the time of their initial introduction the tool used in the offense, was the target of a
to information technology. ...new avenues of delinquent act, or contained evidence of a
delinquent act.
A greater emphasis on com- delinquency have 7
A.M. Fream and W.F. Skinner, “Social
puter ethics in school curricula begun to develop with Learning Theory Analysis of Computer Crime
Among College Students,” Journal of Research
might also contribute to heightened each technological in Crime and Delinquency 24, no. 4 (November
ethical awareness over time. Train-
ing in computing should be accom-
advance. 1997): 495-518.
U.S. Department of Justice, Office of

panied by an ethical component; Juvenile Justice and Delinquency Prevention,
information making it clear that in- New Grants to Combat Internet Crimes Against
Children, May 17, 2000; available from http://
trusion and destruction is costly and ojjdp.ncjrs.org/about/00juvjust/000517b.html;
harmful to individual human beings, Conclusion accessed October 11, 2000.
and to society in general, not merely The 21st century promises
“Peril and Promise: Teens by the
to amorphous organizations.”13 Numbers,” Newsweek, May 10, 1999, 38-39.
many technological changes for law 10
Fortunately, basic tools exist for enforcement. While some of these 11
For specific examples, see Shimomura,
officers to use in developing a pre- alterations will benefit the criminal Tsutomu, and Markoff, Takedown: The Pursuit
ventive program for children. Spe- justice community, such as the use
and Capture of Kevin Mitnick, America’s Most
cifically, in 1991, the Computer Wanted Computer Outlaw (New York, NY:
of mapping technologies to deter- Hyperion, 1996), 370-372; Joshua Quittner and
Learning Foundation (CLF) and the mine crime trends, others, such as Michelle Statalla, Masters of Deception: The
U.S. Departments of Education and the emergence of computer delin- Gang that Ruled Cyberspace (New York, NY:
Justice began emphasizing the need quency, will produce negative
Harper Collins, 1996); and Katie Hafner and
to teach responsible computer use John Markoff, Cyberpunk: Outlaws and
challenges. Only by recognizing Hackers on the Computer Frontier (New York,
to children. The CLF began dis- early on that computer delinquency NY: Touchstone, 1995), 276-321.
seminating information to schools is a serious matter that inflicts fi-
J. Thomas McEwen, “Computer Ethics,”
on methods for teaching children to nancial and ethical burdens on soci-
National Institute of Justice Reports (January/
become responsible computer users February 1991): 8-10.
ety can the criminal justice system 13
P.N. Grabosky and Russell G. Smith,
and developed the Code of Respon- hope to effectively handle these Crime in the Digital Age (New Brunswick, NJ:
sible Computing. In addition, the youths before they become master Transaction Publishers, 1998), 59.
Department of Justice (DOJ) and computer criminals.
DOJ’s Web site is http://www.usdoj.gov,
the FBI have Web sites14 that con- and the FBI’s Web site is http://www.fbi.gov;
Endnotes accessed October 11, 2000.
tain information for children about
appropriate computer use. DOJ’s Arthur L. Bowker, “Juveniles and
Computers: Should We Be Concerned?”
Web site also has a lesson plan Federal Probation 63, no. 2 (December 1999):
for elementary and middle school 40-43.

December 2000 / 11
Unsolved Case To demonstrate the IAFIS latent print search
technique, the FBI encouraged law enforcement
Fingerprint Matching representatives who attended the July 2000
International Association of Identification (IAI)

W hen investigators collected a latent

fingerprint from a homicide crime
scene in 1935, fingerprint examiners compared
it to the prints of individuals suspected of
meeting in Charleston, West Virginia, to bring
with them any latent fingerprint evidence from
unsolved cases so that the prints could be run
against the FBI’s criminal database of 41 million
committing the murder. A positive match entries for a match. The Georgia Bureau of
produced strong evidence Investigation (GBI) took up the challenge and
for trial and was usually brought a print collected
the primary factor in from a rape scene.
gaining a conviction. If Although the GBI con-
months of investigation curred with officers from
failed to develop a princi- the Pleasant Prairie,
pal subject, the print was Wisconsin, Police Depart-
eventually stored as a ment (PPPD) that the
matter of evidence, along suspect was likely a serial
with the investigative file, criminal because of
in the hope that a future investigative similarities
lead might prompt a new to rape cases in Georgia
course of investigation. and Wisconsin that had
Although the FBI had an been matched by DNA
extensive collection of testing, neither agency
criminal fingerprints, no had identified a suspect.
reliable method to search After the unsolved case
an unknown latent print print was scanned in, a
against that collection for a search of IAFIS was
match existed. © PhotoDisc completed in less than 10
In July 1999, the minutes. This search
FBI’s Criminal Justice Information Services produced a potential subject for the GBI and the
(CJIS) Division’s Integrated Automated Finger- PPPD to consider.
print Identification System (IAFIS) became IAFIS is a remarkable use of technology.
operational. IAFIS provides five key services: With IAFIS, the FBI replaced a 64-year-old
10-print services, subject search and criminal fingerprint identification process that was not
history request services, document and image serving law enforcement needs with a system
searches, remote search services, and latent that provides timely and accurate identification
print services. In its first 6 months of operation, services in a paperless environment. IAFIS
IAFIS reduced the FBI’s criminal 10-print makes finding the proverbial needle in the
processing time from 45 days to less than 2 haystack not only possible, but easy. Its vast
hours. The system also introduced a number of computing power examines the characteristics
new tools that were previously not available. of fingerprints submitted by law enforcement

12 / FBI Law Enforcement Bulletin

officers across the United States, converts them to clerks at retail strip malls near interstates. The
searchable code, and adds them to the current suspect was located in jail at Lawrenceville,
criminal database of some 41 million entries. Georgia, where he was being held on an unre-
When a department requests a latent search, IAFIS lated crime. The GBI was granted a search
searches the characteristics of the latent against warrant to obtain a blood sample. Although he
the criminal database for a possible match. Be- denied any involvement in the murders, his blood
cause each entry in the database includes all 10 was matched to DNA samples from the serial
fingers, the comparative rapes. A few days after
process proves somewhat the sample was taken, he
more tedious than might be hanged himself in his jail
expected because the search
must run against all 10
fingers of the various
entries. Nevertheless, the
“ [IAFIS] examines the
characteristics of
fingerprints submitted by
cell with a bed sheet. He
implicated himself in other
rapes before his death.
Efforts continue to resolve
technical ability to search these claims.
this large group of known law enforcement officers The lessons from this
fingerprint specimens allows across the United States, investigation demonstrate
for a previously unidentified converts them to the value of the IAFIS
piece of evidence, in some searchable code, and latent search technique. In
cases a bloody print, to be adds them to the current spite of exhaustive investi-
matched with the name of a criminal database of some gate efforts, neither the
person in the FBI’s criminal 41 million entries. GBI, PPPD, DNA testing,
records. This identification nor the FBI’s National
provides a new course for
investigators to explore and
the possible means to bring
criminals to justice before they can strike again.
” Center for the Analysis of
Violent Crime (NCAVC)
were able to identify a
suspect for these serial crimes. The IAFIS
In the previously discussed serial rape case, technique undoubtedly prevented further violent
the PPPD contacted the GBI because they noted acts, a major step forward in investigative
common characteristics in rapes in Wisconsin and techniques from the 1935 standard. Law en-
Georgia. The PPPD sent fingerprint and DNA forcement officers are encouraged to review un-
samples for examination. Through DNA testing, solved pending and closed investigative files to
the GBI tied those two rapes to a rape in Florence, identify latent fingerprints that they can submit to
Kentucky, but they still had not identified the CJIS for a latent print services comparison.
individual responsible. The GBI provided the
Wisconsin print for examination at the IAI meeting Agencies may submit fingerprints in their original form,
but digital format submissions are preferred. Agencies
after their exhaustive investigation efforts with the interested in conducting such examinations should
PPPD, including a requested subject analysis by contact Linda Click, Northeast Region, (304) 625-
the FBI’s Violent Crime Apprehension Program 2767; Todd Commodore, North Central Region,
(VICAP), had yielded no viable leads. In a few (304) 625-2803; Kim Smith, South Region, (304)
minutes, the search produced the name of a 625-2761; or Stephanie Louk, West Region, (304)
suspect from Georgia. The victims worked as 625-2753.

December 2000 / 13
Legal Digest

Prohibited Discrimination
Under the Americans with
Disabilities Act
© PhotoDisc

individuals with a disability because

of their disability in regard to appli-
cation procedures, hiring and firing,
promotions, pay, training, and other
“terms, conditions, and privileges
of employment.”7 This broad prohi-
bition applies to the entire range of
employer-employee relations, in-
cluding such matters as testing,
work assignments, discipline,
leave, benefits, and lay-offs and re-
calls. In addition, the ADA prohib-
its retaliation against, and coercion
of, individuals who seek the protec-
tion of the act, or in any way help
those who do.8
Congress provided several ex-
amples of workplace discrimination,
such as9—
• limiting, segregating, or
classifying disabled job
applicants or employees in a
way that denies them employ-

T he Americans With Dis-

abilities Act (ADA)1 pro-
tects individuals with dis-
abilities from discrimination based
upon their disability. The protection
the ADA. To be protected, indi-
viduals with disabilities must dem-
onstrate that they are otherwise
qualified for the job they seek, can
ment opportunities because of
their disability;
• using the services of organiza-
perform the essential functions of
extends to discrimination in a broad tions, such as employment
that job with or without reasonable
range of activities, including public agencies, referral services,
accommodation, and have a disabil-
services,2 public accommodations,3 labor unions, or healthcare
ity that substantially limits a major
and employment.4 The ADA’s pro- providers, that discriminate
life activity and suffered discrimi-
hibition against disability discrimi- against the disabled;
nation because of their disability.6
nation applies to the vast majority • using standards, criteria, or
of private and public employers in WORKPLACE administrative methods that
the United States.5 DISCRIMINATION discriminate on the basis of
However, not all individuals The ADA prohibits employer disability or perpetuate such
with disabilities are protected by discrimination against qualified discrimination;

14 / FBI Law Enforcement Bulletin

• denying employment or job
benefits to individuals because
they have an association or
relationship with someone
who is disabled;
“ ...the ADA obligates
employers to
• not making a reasonable accommodate the
accommodation for the known disabilities of
disabilities of qualified employees and
applicants or employees or
denying employment oppor-

tunities to them because of
the obligation to reasonably
accommodate their disabilities; Special Agent Colbridge is a legal
instructor at the FBI Academy.
• using qualification standards,
employment tests, or selection
criteria that screen out or tend
to screen out the disabled provides examples of employers’ perform jobs and to enjoy all of the
unless they are job related actions that may constitute reason- benefits of the job.12 It does not
and consistent with business able accommodation. The list in- mean that the accommodation
necessity; and cludes making physical facilities must ensure absolute equality of
• using employment tests that accessible to and usable by disabled opportunity.13
measure applicants’ disabili- persons; restructuring jobs; chang- The reasonable accommodation
ties, instead of their ability ing work schedules; initiating reas- requirement applies only to needs in
to do the job. signments; modifying or acquiring the workplace. It is not required to
This is not an exhaustive list of equipment; changing tests, training meet the personal needs of the em-
all forms of workplace discrimina- materials, or policies; and providing ployee with a disability or to fulfill
tion prohibited by the ADA. Some readers or interpreters.10 personal preferences. 14 For ex-
of these examples apply only to spe- Reasonable accommodation of ample, employers do not have to
cific stages in the employer-em- disabilities is best understood in accommodate disabled employees’
ployee relationship. However, one terms of ADA philosophy. An preferences to work in warmer cli-
form of workplace discrimina- accommodation is any change in mates or provide them with devises
tion—the failure to reasonably ac- the workplace environment or in that assist them in their lives both
commodate the known disabilities the way things are done in the on and off the job.
of applicants and employees—ap- workplace that gives individuals An employer is obligated to ac-
plies to all stages of the employ- with disabilities equal employment commodate only those persons who
ment process. A discussion of the opportunities.11 qualify for ADA protection,15 and
impact of the ADA on the work- The Equal Employment Oppor- the accommodation obligation
place must begin with an under- tunity Commission (EEOC) has es- applies only to known disabilities.16
standing of the concept of reason- tablished general guidelines regard- Some disabilities are obvious, such
able accommodation. ing the reasonable accommodation as blindness or the loss of a limb.
requirement. The accommodation However, when the disability is not
REASONABLE provided by the employer must be obvious, applicants and employees
ACCOMMODATION effective. That means it must give with disabilities have the respon-
The ADA itself does not spe- individuals with disabilities the same sibility to tell employers that ac-
cifically define the term “reason- opportunities as individuals without commodation is needed.17 Employ-
able accommodation.” It merely disabilities to compete for and ees do not have to use any “magic

December 2000 / 15
words” when seeking an accommo- accommodations together.23 If ei- to perform those functions, not to
dation. They simply must provide ther the employees with disabilities force employers to change the way
enough information to employers to or employers refuse to participate they do business.
alert them that accommodation may in, or obstruct, this interactive pro-
be needed.18 When accommodation cess, courts are likely to give them THE UNDUE HARDSHIP
of a hidden disability is requested, an unsympathetic reception.24 LIMITATION
employers are permitted to ask for If several effective accommo- The ADA requires that employ-
documentation to support the re- dations are identified through these ers make only reasonable accom-
quest.19 While it is the disabled em- discussions, employers are free to modations for the disabled. Con-
ployees’ obligation to seek an ac- choose among the possibilities, gress stated that employers need not
commodation, the EEOC requires considering both cost and disrup- accommodate individuals with dis-
that employers notify applicants and tion to the business.25 If employers abilities if the accommodation
employees that accommodation is offer a reasonable accommodation, “would impose an undue hardship
available if needed.20 Employers on the operation of the business of

should post notices outlining accom- the covered entity.”29
modation availability and should The ADA defines an undue
consider including the information hardship as an act involving signifi-
in employment applications, va- ...the ADA prohibits cant difficulty or expense.30 Con-
cancy notices, and personnel policy retaliation against, gress specified these factors to be
manuals. and coercion of, considered when deciding if accom-
When the need for reasonable individuals who seek modations are unduly burdensome:
accommodation is established, the the protection of the the nature of the accommodations
ADA encourages the individuals act, or in any way and their costs; the total financial
with disabilities and their employ- resources of the facility conside-
ers to discuss the best ways to re- help those who do. ring the accommodations; the em-
move impediments caused by the ployer’s overall resources, includ-

disability.21 The solution may be ing financial resources, size, number
obvious and simple, and the prob- of employees, and the type and lo-
lem quickly resolved. If the solution the individuals with disabilities are cation of the employer’s facilities;
is not so obvious, the EEOC recom- free to reject it. 26 However, if the nature of the operation of the
mends an employer-employee dia- disabled employees cannot per- employer; and the overall impact of
logue involving several steps. form the essential functions of the the accommodations on the
The parties should determine job without that accommodation, employer’s operation. 31 Clearly,
both the purpose and essential func- the employees may not be con- large employers with substantial re-
tions of the job held or sought by the sidered qualified under the ADA sources will have a more difficult
individual with a disability.22 They and, therefore, not protected by its time convincing the EEOC and the
should then precisely identify the provisions.27 courts that accommodations are un-
job-related limitations imposed by One more general consider- reasonable.
the disability and the various means ation regarding the reasonable ac-
by which the limitations may be commodation is important. Em- OTHER EXAMPLES
accommodated to allow the dis- ployers are not required to change OF WORKPLACE
abled persons to perform the essen- the essential functions of a job in DISCRIMINATION
tial functions of the job. Employers order to accommodate a person’s The ADA identifies several
should consider the preferences of disability. 28 The purpose of the other employment practices that are
the employees and applicants with reasonable accommodation is to discriminatory. Such practices are
disabilities, and they should identify permit the individual with a disability also prohibited by the statute.

16 / FBI Law Enforcement Bulletin

Limiting, Segregating, or because of the contractual arrange- of the ADA designed to prevent
Classifying the Disabled ment for discrimination by the adverse job actions by employers
Limiting, segregating, or classi- contractor against the contractor’s based upon unfounded assumptions
fying the disabled in a way that ad- own disabled employees.36 In addi- and stereotypes arising from em-
versely affects their job oppor- tion, the EEOC has made it clear ployees’ associations with the dis-
tunities also is discrimination.32 that employers are liable for any abled.40 Examples of this form of
This prohibition is included to ensure discrimination suffered by its em- prohibited discrimination include
that employers do not limit the em- ployees whether or not employers employers’ refusal to hire appli-
ployment opportunities of the dis- intended for the contractual rela- cants based upon an unfounded as-
abled based upon myths and stereo- tionship to be discriminatory. 37 sumption that they would miss work
types or steer the disabled into to care for a disabled relative or
certain work areas, job classifica- firing employees who do AIDS vol-
tions, or promotional paths. The aim unteer work out of an unfounded
of the ADA is to ensure that the fear that the employees will con-
disabled are assessed on an indi- tract AIDS.41
vidualized, case-by-case basis, and While the ADA prohibits dis-
judged according to their abilities, crimination against otherwise
rather than by their disabilities. Em- qualified applicants and employees
ployers should not presume to know because of their association or rela-
either what is best for disabled em- tionship with disabled persons, the
ployees or what their capabilities ADA does not require the employer
are. 33 to accommodate the relative’s or
associate’s disability. For example,
Discriminatory employees who have disabled
Contractual Arrangements spouses are not entitled to flexible
It is also discrimination for an work schedules or additional time
employer to participate in contrac- Relationship or Association off beyond that mandated by law or
tual or other arrangements that sub- with Disabled Persons contract to care for the family mem-
ject its applicants and employees The ADA also prohibits em- ber with a disability. The accommo-
with disabilities to discrimination.34 ployers from discriminating against dation obligation extends only
As one court put it, the ADA pro- applicants or employees because of to qualified disabled applicants or
hibits “an entity from doing through their association or relationship employees.42
a contractual relationship what it with people known by the employer
may not do directly.”35 For ex- to be disabled.38 In other words, if Utilization of Qualification
ample, using an employment or re- applicants or employees are other- Standards, Criteria, and Tests
ferral agency that discriminates wise qualified for employment, em- Broadly stated, the ADA pro-
against the disabled to screen appli- ployers may not deny them job op- hibits all employer discrimination
cants could subject employers to portunities or benefits simply against qualified individuals with
discrimination claims under the because they fear their associates or disabilities in regard to all aspects
ADA. relations with disabilities will in- of the employment relationship.43
Two concepts are important re- crease the employers’ medical costs The final three examples of dis-
garding this form of discrimination. or cause excessive absenteeism by crimination included in the ADA
Employers are liable only for dis- their employees. This protection ex- make it clear that Congress
crimination suffered by their own tends to otherwise qualified persons intended to bar disability discrim-
employees as a result of these even if they are not disabled them- ination not only in hiring and
arrangements. They are not liable selves.39 This is another provision firing decisions, but also in all

December 2000 / 17
employment decisions impacting the are not barred from employment tend to screen out”52 the disabled
disabled. These additional em- simply because their disability pre- is prohibited.
ployment decisions include those vents them from taking a test. For Prohibited unintentional dis-
regarding advancement, com- example, people with dyslexia may crimination against the disabled is
pensation, training, and “other not be able to take a written test. If known as disparate impact53 (as op-
terms, conditions, and privileges of employers are aware of the appli- posed to disparate treatment or in-
employment.”44 cants’ dyslexia, they are required to tentional discrimination). In order
Specifically, the ADA prohibits reasonably accommodate their dis- to challenge an employment stan-
covered employers from using any ability during the testing procedure dard or test under the ADA, dis-
“standard, criteria, or methods of (i.e., provide a reader or offer an abled people only must show that
administration” that result in dis- oral test).49 The only exception to the challenged standard or test has a
crimination against the disabled.45 this requirement is where the test is disproportionate adverse impact54
This broad language has no limita- meant to judge a specific skill that is on the disabled claimant or on dis-
tion regarding the types of employ- required to do the job being sought. abled people as a whole. They do
ment actions covered by the statute. For example, if applicants must be not have to prove that the employer
Consequently, applicants and em- able to read to perform the job being intended for the standard or test to
ployees with disabilities may use the be, or even knew that the standard

ADA to attack employer decisions or test was, discriminatory.
regarding hiring, firing, promotions,
transfers, compensation, reductions MEDICAL EXAMINATIONS
in force, provision of benefits—liter- When accommodation AND INQUIRIES
ally any employment decision that of a hidden disability
adversely impacts them. is requested, The Preemployment Stage
Employers also are prohibited employers are During the preemployment (ap-
from using qualification standards, permitted to ask for plication) stage of the employment
employment tests, and other selec- process, employers are not permit-
tion criteria that “screen out or tend documentation to ted to ask any questions or conduct
to screen out” a class of individuals support the request. any medical examinations that iden-
with disabilities, unless the test, tify applicants’ disabilities or the

standard, or criteria is shown to be nature and extent of their disabili-
both job related and consistent ties.55 This prohibition may even ap-
with business necessity.46 The pro- sought, employers are permitted to ply if applicants are not disabled.56
hibition extends to all types of se- test for that skill, without accommo- Employers can, however, make
lection criteria, including employ- dation, because applicants who can- preemployment inquiries concerning
ment tests, vision and hearing not read are not qualified for the applicants’ ability to perform, with
requirements, and other physical position and, therefore, not pro- or without reasonable accommoda-
requirements.47 tected by the ADA.50 tion, essential, job related func-
Finally, employers are pro- The language that Congress tions.57 For example, employers
hibited from selecting and used in prohibiting the use of dis- may ask one-legged applicants for a
administering employment tests criminatory employment standards, home washing machine repairman
that measure only individuals’ dis- criteria, and tests makes it clear that position to explain or demonstrate
abilities rather than their actual both intentional and unintentional how they would negotiate basement
abilities, skills, and aptitude to do discrimination violate the act. Using steps carrying repair tools. How-
the job.48 This provision is meant to standards that “have the effect”51 ever, the employer may not inquire
ensure that the disabled who are of discrimination on the basis of regarding the nature or severity of
otherwise qualified for employment disability or that “screen out or the disability.58

18 / FBI Law Enforcement Bulletin

The Conditional Offer Stage necessity.62 Courts have taken the employment process and may re-
Once employers decide to hire view that requiring employees to un- quire applicants and employees to
applicants, they may require those dergo fitness-for-duty examinations submit to drug tests, whether or not
applicants to undergo medical ex- does not violate the ADA when the tests are job-related and a mat-
aminations and even make their job there is an honest question regard- ter of business necessity.68
offers conditional on passing the ing the employees’ ability to per-
form the essential functions of the DEFENSES TO
medical examinations.59 There is no DISCRIMINATION CLAIMS
requirement that these medical ex- job or whether employees represent
a danger.63 In order to win a disability dis-
aminations be job related or a mat- crimination case, plaintiffs must es-
ter of business necessity. The only © Digital Stock
tablish that they are qualified for the
prerequisites established by the position sought, can perform the es-
statute are that employers require sential functions of the job with or
that all applicants (disabled and without reasonable accommodation,
nondisabled) be subject to medical and suffered an adverse employ-
examinations and all medical infor- ment action because they are dis-
mation be kept confidential.60 abled.69 If plaintiffs cannot prove
If medical examinations con- any one of these elements, their
ducted at the conditional offer stage claims may be dismissed.70
reveal a disability, employers are
required to consider reasonable Nondiscriminatory Reasons
accommodations that would per- Once ADA claimants have
mit the disabled applicant to per- proved the basic elements of their
form the essential functions of the cases, the burden shifts to employ-
job. If no reasonable accommoda- ers to show that the adverse
tion is possible, employers may Many employers have volun- employment action was taken for
withdraw the conditional offer of tary wellness programs that include legitimate, nondiscriminatory rea-
employment.61 testing for high blood pressure, sons.71 If employers come forward
weight, and disease. The ADA does with such reasons, the burden will
Medical Examinations not prohibit such medical screening shift back to the claimant to show
of Employees if the programs are voluntary, the that the legitimate reasons offered
Employers may require their information collected is kept confi- by employers are pretexts for dis-
employees to undergo medical ex- dential, and the information is not ability discrimination.72
aminations or inquire if they are used to limit eligibility for health
disabled only if the inquiry or ex- benefits.64 Undue Hardship Limitations
amination is job related and a matter Although the ADA obligates
of business necessity. Practically, Drug Testing employers to reasonably accommo-
this limitation means that employ- Tests for the use of illegal date the disabilities of employees
ers may make inquiries regarding drugs65 are not considered medical and applicants, it does not require
employees’ disabilities or require examinations for purposes of the accommodations if they would cre-
medical examinations only when ADA.66 In fact, the ADA is neutral ate undue hardships on employers.73
questions arise concerning their em- regarding the issue of testing for Consequently, employers may de-
ployees’ ability to perform the es- illegal drugs.67 Employers conse- fend against law suits by showing
sential functions of their jobs or quently may inquire about appli- that they failed to accommodate
when employers are required to by cants’ or employees’ current illegal plaintiffs’ disabilities because the
medical standards, law, or business use of drugs at any stage of the accommodation was too costly,

December 2000 / 19
disruptive, extensive, or would fun- applicants or employees subjects If a claim of disability discrimi-
damentally alter the nature or op- them to claims of disability nation is made, employers may use
eration of their business.74 discrimination under the ADA. Dis- various defenses. They may argue
ability discrimination claims can that their decision was made for
Job related, Business-necessity arise from decisions made during legitimate, nondiscriminatory rea-
Qualifications and Standards the application process, as well as sons. They also may show that they
Some claims of disability dis- during the employer-employee rela- could make no reasonable accom-
crimination allege that the em- tionship. Discrimination claims can modation for the person’s disability
ployer used employment qualifica- even arise when employers do not without undue hardship. If the claim
tions, standards, or tests that intentionally discriminate. is that the employer’s test or stan-
screened out or tended to screen out Many claims of workplace dis- dard resulted in discrimination, em-
the disabled. Even if that proves to crimination allege a failure to rea- ployers may show that the standard
be true, employers may defend the sonably accommodate known dis- or test is job related and a matter of
standards or tests by showing they abilities of applicants or employees. business necessity. Employers also
are job related, matters of business The ADA obligates employers to may demonstrate that hiring or
necessity, and that the disability make such accommodations unless keeping the disabled employee
cannot otherwise be reasonably ac- to do so would create an undue would pose a direct risk of harm to
commodated.75 A standard or test is others in the workplace.

job related if it concerns any skill or
trait that is required to do the job Endnotes
under consideration. It is a matter of
business necessity if it concerns an Employers are not 1

42 USC 12101 et. seq.
42 USC 12131-12165.
essential function of the job applied required to change 3
42 USC 12181-12189.
for or desired. the essential 4

42 USC 12111-12134.
The United States (with the exception of
functions of a job Congress for some purposes), Indian tribes, and
Direct Threat Limitation
in order to tax exempt bona fide private membership clubs
The ADA also permits employ- are not covered by the act. See 42 USC
ers to take adverse employment ac-
accommodate a 1211(5)(B). The act also exempts employers
tions against the disabled if they can person’s disability. with fewer that fifteen employees. See 42 USC
12111(5)(A). The application of the ADA to
demonstrate that they pose a direct

states and state agencies is unclear. Some courts
threat to the health or safety of other have held that states are not subject to the ADA
employees.76 The Supreme Court because of the provisions of the Eleventh
Amendment to the Constitution. See Alsbrook
has made it clear that the threat must v. City of Maumelle, 184 F.3d 999 (8th Cir.
be a significant one, as viewed from hardship for them. The ADA also 1999).
the perspective of employers.77 To recognizes other forms of work- 6
For a more comprehensive discussion of
claim this defense, employers must place discrimination: classifying individuals’ qualification for ADA protection,
the disabled in a way that limits see Thomas D. Colbridge, “The Americans with
show that the threat assessment is Disabilities Act,” FBI Law Enforcement
objectively reasonable, meaning it their employment opportunities; us- Bulletin, September 2000, 26-31.
is based upon medical or other ob- ing tests and standards that ad- 7
42 USC 12112(a).
jective evidence. A mere belief that versely impact the disabled; dis- 8
42 USC 12203.
criminating against people who 42 USC 12112(b)(1)-(7).
the disabled person poses a danger, 10
42 USC 12111(9)(A) and (B).
even if held in good faith, is not have a relationship with a disabled 11
29 CFR Pt.1630, App. 1630.2(o).
enough to claim this defense.78 person; and entering into a con- 12
Equal Employment Opportunity
tract that results in, or perpetu- Commission, “Enforcement Guidance:
CONCLUSION ates, disability discrimination against Reasonable Accommodation and Undue
Hardship under the Americans with Disabilities
Any employers’ decision or ac- the employers’ own applicants or Act,” March 1, 1999.
tion that adversely impacts disabled employees.

20 / FBI Law Enforcement Bulletin

13 44
Id. See also Richard N. Block and Id. see Thomas D. Colbridge, “Defining Disability
Benjamin W. Wolkinson, Employment Law: 42 USC 12112(b)(3). Under The Americans with Disabilities Act,”
The Workplace Rights of Employees and 42 USC 12112(b)(6). FBI Law Enforcement Bulletin, October 2000,
Employers, (Oxford, UK: Blackwell 29 CFR Pt.1630, App., 1630.10. 28-32.
48 66
Publishers, Inc. 1999), 143-144. 42 USC 12112(b)(7). 42 USC 12114(d)(1).
14 49 67
29 CFR Pt. 1630, App., 1630.9. 29 CFR Pt.1630, App., 1630.11. 42 USC 12114(d)(2).
15 50 68
Supra note 6. Id. Buckley v. Consolidated Edison of New
16 51
42 USC 12112(b)(5)(A). Supra note 45. York, Incorporated, 155 F.3d 150 (2nd Cir.
17 52
Burch v. Coca-Cola Co., 119 F.3d 305 Supra note 46. 1998).
53 69
(5th Cir. 1997), cert. denied 118 S. Ct. 871 See generally Griggs v. Duke Power McPaul v. Board of Commissioners of
(1988). Company, 401 U.S. 424 (1971)(disparate Madison County, 2000 WL 1156427 (7th Cir.
Taylor v. Principal Financial Group, treatment claim under Title VII); Watson v. 2000); Otting v. J.C. Penney Company, 2000
Inc., 93 F.3d 155, cert. denied 117 S. Ct. 586 Forth Worth Bank and Trust, 487 U.S. 977 WL 1060385 (8th Cir. 2000).
(1996). (1988)(Title VII claim); and Smith v. Xerox For a fuller discussion of the concepts of
29 CFR Pt. 1630, App., 1630.9. Corporation, 196 F.3d 358 (2nd Cir. 1999). qualified individuals and disability under the
20 54
Equal Employment Opportunity A disproportionate adverse impact is ADA, see supra note 6 (Colbridge); and
Commission, “Technical assistance in the judged on a case-by-case basis. Generally, the supra note 65 (Colbridge) October 2000,
employment provisions of the ADA: explana- EEOC considers an adverse impact 28-32.
tion of key legal requirements,” Bureau of disproportionate if the selection rate for the McDonnell Douglas v. Green, 411 U.S.
National Affairs, January 28, 1992, Daily protected class (in this case, disabled 792 (1973)(Title VII); Kocsis v. Mulit-Care
Labor Report, No.18. persons) is less than 80 percent (4/5ths) of Management, Inc., 97 F.3d 876 (6th Cir. 1996).
21 72
Id. See also Stewart v. Happy Herman’s the class with the highest selection rate. This Id.; Collings v. Longview Fibre Co., 63
Cheshire Bridge, Inc., 117 F.3d 1278 (11th Cir. standard is known as the “4/5ths Rule.” 29 F.3d 828 (9th Cir. 1995), cert. denied 116 S.
1997). CFR 1607.4(D). Ct. 711.
22 55 73
For a discussion of the concept of 42 USC 12112(d)(2)(A); Harris v. Harris 42 USC 12112(b)(5)(A).
“essential functions” of a job, see supra note 6 & Hart, Inc., 206 F.3d 838 (9th Cir. 2000). 29 CFR Pt.1630, App., 1630.2(p);
(Colbridge). Griffin v. Steeltek, Inc, 160 F.3d 591 Cisneros v. Wilson, 2000 WL 1336658 (10th
Supra note 16. (10th Cir. 1998), cert. denied Steeltek, Inc. v. Cir. 2000); Holbrook v. Kerrville State
Schmidt v. Methodist Hospital of Indiana, Griffin, 526 U.S. 1056 (1999). Hospital, 112 F.3d 263 (5th Cir. 1998).
57 75
Inc. 89 F.3d 342 (7th Cir. 1996). 42 USC 12112(d)(2)(B). 42 USC 12113(a).
25 58 76
Supra note 16. 29 CFR Pt.1630, App., 1630.14(a). 42 USC 12113(b); Bragdon v. Abbott,
26 59
42 USC 12201(d). 42 USC 12112(d)(3); 29 CFR Pt.1630, 118 S. Ct. 2196 (1998); Rizzo v. Child’s World
Keever v. City of Middletown, 145 F.3d App., 1630.14(b); Buchanan v. City of San Learning Centers, Inc., 213 F.3d 209 (5th Cir.
809 (6th Cir. 1998), cert. denied 119 S. Ct. 407 Antonio, 85 F.3d 196 (5th Cir. 1996); 2000).
(1998). Holiday v. City of Chattanooga, 206 F.3d School Board of Nassau County v. Arline,
29 CFR Pt. 1630, App. 1630 2(o); Benson 637 (6th Cir. 2000). 480 U.S. 273 (1987) (Rehabilitation Act case);
v. Northwest Airlines, Inc. 62 F.3d 1108 (8th 42 USC 12112(d)(3)(A)and(B). There Bragdon v. Abbott, supra note 74.
Cir. 1995). are three exceptions to this confidentiality Id.
42 USC 12112(b)(5)(A). requirement: supervisors and managers may be
42 USC 12111 10(A). given medical information regarding restric- Law enforcement officers of other than
42 USC 12111 10(B). tions on the work and duties of the employee, as federal jurisdiction who are interested
42 USC 12112(b)(1). well as an accommodations that may be
in this article should consult their legal
29 CFR 1630.5. necessary; safety personnel may be told of
42 USC 12112(b)(2). conditions that may require their attention; and advisors. Some police procedures
Piquard v. City of East Peoria, 887 government com-pliance officials may be ruled permissible under federal
F.Supp 1106 (C.D.Ill. 1995). supplied relevant information. constitutional law are of questionable
29 CFR Pt. 1630,App., 1630.6. 61
Supra note 59. legality under state law or are not
3 62
Id. 29 CFR Pt.1630, App., 1630.14(c) permitted at all.
38 63
42 USC 12112(b)(4). Yin v. State of California, 95 F.3d 864
29 CFR Pt. 1630, App. 1630.8. (9th Cir. 1996); Sullivan v. River Valley School
Oliveras-Sifre v. Puerto Rico Department District, 197 F.3d 804 (6th Cir. 1999); Krocha
of Health, 241 F.3d 23 (1st Cir. 2000). v. City of Chicago, 203 F.3d 507 (7th Cir.
29 CFR Pt. 1630, App., 1630.8. 2000).
42 64
Der Hartog v. Wasatch Academy, 129 29 CFR Pt.1630, App., 1630.14(d).
F.3d 1076 (10th Cir. 1997). For a more comprehensive discussion of
42 USC 12112(a). the ADA’s treatment of drug and alcohol abuse,

December 2000 / 21
Focus on the Media
Fine Tuning Your cooperation, without intentional deception. When a
newsworthy event occurs, PIOs should disseminate
News Briefing facts to the public as quickly as possible by bringing
By Ancil B. Sparks and Dennis D. Staszak them to the attention of the media. To accomplish this,
PIOs frequently employ a news briefing. Using this
method, the department quickly disseminates the
information, the media accurately can report a story,
and, ultimately, the public receives factual informa-
tion and becomes better informed.
To assess their agencies’ news briefing program,
PIOs should ask themselves two questions. Are they
satisfied with stable media relations programs and
good news briefings? Do they constantly strive to
present the information in the best means possible?
With some fine tuning and recollection of what the
media wants, PIOs can turn news briefings into
comprehensive, first-rate performances that prove
valuable to the department and the community.
Designated PIOs or department spokespersons
should consider numerous factors prior to conducting
a meaningful news briefing. For instance, when
possible, the PIOs should prepare by considering the
© Mark C. Ide
target audience, anticipating questions, and practicing
responses to the questions. Further, PIOs should have

T oday’s modern law enforcement agency rivals

nearly any Fortune 500 corporation in com-
plexity, their use of technology, and especially their
value to the community. As with any large corpora-
an agreement or establish ground rules with the media
prior to conducting the actual briefing. In fact, PIOs
can inform reporters of particular topics they will not
discuss during the interview, or they can agree to
provide related resource material (e.g., maps and
tion, law enforcement agencies quickly can become diagrams) after the briefing.
the focus of media attention around the world when
a crisis or major event occurs. Today, the public Analyzing the Audience
recognizes that law enforcement activities impact PIOs often overlook the fact that professional
more than just the crime rate—they can affect citi- reporters represent a conduit for relaying news to the
zens’ health and social welfare and impact environ- community. Law enforcement officials should re-
mental and economic issues as well. Most law en- member that when they talk to a reporter, they are
forcement executives recognize that they no longer talking, essentially, to their community. Department
have a choice whether they deal with the media. spokespersons should conduct news briefings as
Because the media covers issues of public interest, though actual community members are sitting in front
prudent managers should realize the importance of of them and listening to every word spoken. Using
proactively using the media as a tool to get their this technique may force PIOs to change their lan-
department’s message out to the community. guage and demeanor. They must remember that a
Most public information officers (PIOs) and law news briefing not only conveys information, but
enforcement spokespersons have a stable relation- provides assurance to the citizens that the department
ship with the media and a policy of openness and serves its community. Similarly, law enforcement

22 / FBI Law Enforcement Bulletin

spokespersons always must remember that their appropriate visuals, relevant sound bites, and the
agency’s employees also listen to what they say “human element.” Too frequently and quite uninten-
and how they say it and form opinions on their tionally, PIOs conduct the news briefing without
management’s leadership and support of their agency. giving serious thought to these features. Oftentimes,
PIOs merely provide routine facts, display seized
Anticipating the Questions drugs or weapons, and then end the briefing. Most
When law enforcement responds to a crisis, PIOs reporters want additional information to make a story
immediately should consider the need to hold a news more thorough for the public. Many times, PIOs can
conference and make a statement to the media. When provide extra information by simply giving additional
the media questioning begins, PIOs often respond thought to the preparation and structure of the news
with statements, such as “I can’t comment on that briefing.
right now,” or “we are not releasing that information PIOs can stimulate a briefing by detailing the
yet.” Although in many cases PIOs have justification “how” and “why” of the issue. This will provide the
to refuse comment on certain information, they reporter with a more detailed account of what hap-
frequently use those standard pened and may help prevent
refrains when unprepared to speculation by the reporter “filling
answer a particular question. in the blanks.”
Department spokespersons
should take time to write down
questions that reporters could ask
and develop responses to them as
“ ...PIOs should have
an agreement or
establish ground
Many law enforcement
to news
have added additional life
by making the
detective, or depart-
well. This may help PIOs recall rules with the media ment subject-matter expert avail-
answers to questions asked later able to answer questions upon
and will allow for reflection on the
prior to conducting
conclusion of the prepared remarks
most appropriate way to answer the actual briefing. by PIOs. Those officers who do
the questions. Additionally, PIOs not face the media on a routine
should write down at least three
questions they would feel most
uncomfortable answering if asked
by a reporter. Depending on other critical issues
” basis may experience anxiety or
have some reluctance about facing
the media; however, these symp-
toms vanish quickly if the officer has received prior
involving the department (e.g., prior controversial use police-media relations training and assistance in
of deadly force), these written questions and answers understanding and interpreting the department’s media
may or may not be on the current topic. PIOs should policy. Oftentimes, involving officers in news briefings
exercise time and patience when writing answers to and helping them become more comfortable in re-
these questions and preparing suitable, polite, and sponding to questions, by preparing them beforehand,
diplomatic statements to help keep discussions focused may even lead officers to a sense of self-pride in
on the current issue. In doing so, department spokes- appearing on television and confidently representing
persons can reinforce their own self-confidence. their department.
Prior to actually holding the news briefing, PIOs
should practice aloud and enlist the help of their staff POSTINTERVIEW CRITIQUE
to help conduct a mock interview. This rehearsal will Far too often, the absence of controversy or ability
help them become better organized and more informed to avoid probing questions leaves PIOs with the
about the topic. mistaken belief that the news briefing went well,
which leads them to conducting each briefing in a
PUTTING “LIFE” IN THE NEWS BRIEFING similar style. After each briefing, they await, often
To keep a story interesting, most reporters days or weeks, for the next briefing while continuing
incorporate certain features in their report, such as with their regular duties.

December 2000 / 23
PIOs should not have merely adequate news as the law enforcement agency itself. By coming to
briefings, as this often leads an agency to a state of the briefing prepared and conducting the interview
complacency or even stagnation. PIOs can improve with confidence, control, and professionalism, PIOs
performance effectively by critically examining and will help to deliver a message in a manner that the
critiquing their own actions and reactions after public will receive well. Creating an atmosphere of
conducting a news briefing. PIOs should consider mutual understanding, trust, and respect will solidify
occasionally video recording a briefing for later the department, the media, and most important, the
review to determine any mannerisms, responses, or community.
idiosyncracies that they can improve to result in more The PIOs should use each news briefing as an
effective news briefings. In doing so, department opportunity to convey a message to the public in the
spokespersons will find ways to physically, psycho- most effective and professional way. Critically
logically, or academically prepare themselves and reviewing and examining each media briefing will lead
become a believable and influential representative to changes that will make future briefings more
of the department. dynamic and comprehensive.
CONCLUSION Special Agents Sparks and Staszak teach media
A news briefing can either glorify or destroy the relations at the FBI Academy.
reputation of the principle information officer, as well

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24 / FBI Law Enforcement Bulletin

2000 Subject Index
ADMINISTRATION Victims of Crimes, reviewed by CRIME PROBLEMS
“Put It in Writing: The Police Thomas E. Baker, June, p. 17. “Russian Organized Crime:
Policy Manual,” Michael A Criminal Hydra,” Scott
Carpenter, October, p. 1. O’Neal, May, p. 1.
“Joint Employee Assistance
“Reviewing Use of Force: A “Sex Offender Registration
Programs,” Mark Huguley,
Systematic Approach,” Sam Enforcement: A Proactive
November, p. 23.
W. Lathrop, October, p. 16. Stance to Monitoring
“Nationwide Application of the Convicted Sex Offenders,”
BOOK REVIEWS Incident Command System: Bernard C. Parks and
Community Education and Standardization is the Key,” Diane Webb, October, p. 6.
Crime Prevention: Confront- Michael D. Cardwell and
“Stealing Secrets Solved: Exam-
ing Foreground and Back- Patrick T. Cooney, October,
ining the Economic Espionage
ground Causes of Criminal p. 10.
Act of 1996,” Thomas R.
Behavior, reviewed by Djana “Policing in a Global Society,” Stutler, November, p. 11.
E. Trofimoff, August, p. 14. Jeffrey L. Patterson, April,
Criminal Investigation Hand- p. 7. DRUGS
book: Strategy, Law, and “Clandestine Drug Labs: Chem-
Science, reviewed by G. ical Time Bombs,” Guy
Joseph Bradley, April, p. 21. Hargreaves, April, p. 1.
Environmental Crime: Evidence ETHICS
Gathering and Investigative
Techniques, reviewed by “Color of Law Investigations,”
Michael A. Hardee, John R. Schafer, August, p. 15.
September, p. 25.
Gang Intelligence Manual:
“HIV/AIDS in Law Enforce-
Identifying and Understanding
ment: ‘What-If’ Scenarios,”
Modern-Day Violent Gangs in
John Cooley, February, p. 1.
the United States, reviewed
by Louis Savelli, January, “The Microscopic Slide: A
p. 18. Potential DNA Reservoir,”
John E. Smialek, Charlotte
The Leadership Challenge,
Word, and Arthur E.
reviewed by Louis A. Dirker,
Westveer, November, p. 18.
October, p. 21.
Police Auditing: Theories and INVESTIGATIONS
Practices, reviewed by Larry “Interacting with ‘Cults’:
R. Moore, November, p. 17. CORRECTIONS A Policing Model,” Adam
Police Management, reviewed “Correctional Criminal Investiga- Szubin, Carl J. Jensen, III; and
by Larry R. Moore, July, p. 25. tors: The New Cops on the Rod Gregg, September, p. 16.
Police Supervision, reviewed by Beat,” William R. Bell, June, “Labeling Automobile Parts to
Arthur Bowker, May, p. 25. p. 6. Combat Theft,” Peter Finn,
Problem-Oriented Policing: April, p. 10.
Crime-Specific Problems, “Stalking-Investigation Strate-
Critical Issues, and Making “Rethinking Investigative Priori-
gies,” George E. Wattendorf,
POP Work, reviewed by Ron- ties,” Gary J. Glemboski,
March, p. 10.
ald W. Glensor, March, p. 26. August, p. 6.

December 2000 / 25
“Anonymous Tips and Frisks: MANAGEMENT
Determining Reasonable “An Effective Assessment
Suspicion,” Michael J. Center Program: Essential
Bulzomi, August, p. 28. Components,” Thurston L.
“Defining Disability Under the Cosner and Wayne C.
Americans with Disabilities Baumgart, June, p. 1.
Act,” Thomas D. Colbridge, “Law Enforcement’s Response
October, p. 28. to Small Aircraft Accidents,”
“Drug Detection Dogs: Legal Matthew L. Lease and Tod W.
Considerations,” Michael J. Burke, February, p. 11.
Bulzomi, January, p. 27. “Managing Protests on Public
“Electronic Surveillance: A Land,” Thomas R. King,
Matter of Necessity,” Thomas September, p. 10.
D. Colbridge, February, p. 25. “Management Training for
“Flight as Justification for Police Supervisors: A Cost-
Seizure: Supreme Court effective Approach,” Patrick
Rulings,” Michael E. Brooks, Mahaney, July, p. 7.
June, p. 28. “Planning for the Future,”
“Media Ride-Alongs: Fourth Robert B. Richards, January,
“Implementing Juvenile Curfew p. 8.
Amendment Constraints,”
Programs,” J. Richard Ward,
Kimberly A. Crawford, July, “Police Officer Candidate
Jr., March, p. 15.
p. 26. Assessment and Selection,”
“Juvenile Sexual Homicide,” David A. DeCicco, December,
John A. Hunter, Robert R. “Prohibited Discrimination
Under the Americans with p. 1.
Hazelwood, and David
Slesinger, March, p. 1. Disabilities Act,” Thomas D.
Colbridge, December, p. 14.
“Police Eliminating Truancy:
A PET Project,” William B. “Proving Guilty Knowledge,”
Berger and Susan Wind, Edward M. Hendrie, April,
February, p. 16. p. 22.
“Runaway or Abduction? “The Qualified Privilege to
Assessment Tools for the Protect Sensitive Investigative
First Responder,” André B. Techniques from Disclosure,”
Simons and Jeannine Willie, Jayme S. Walker, May, p. 26.
November, p. 1. “Sex Offender Registration:
“Violent Crimes Among Juve- Community Notification
niles: Behavioral Aspects,” Laws,” Alan D. Scholle,
William Andrew Corbitt, June, July, p. 17.
p. 18. “Supreme Court Cases: 1999-
2000 Term,” Sophia Y. Kil,
LEGAL ISSUES November, p. 28.
“The Americans with Dis- “The Supreme Court Revisits
abilities Act,” Thomas D. Miranda,” Lisa A. Regini,
Colbridge, September, p. 26. March, p. 27.

26 / FBI Law Enforcement Bulletin

OPERATIONS “Getting Along with Citizen Sending to Law Enforcement
“The Financial Crimes Task Oversight,” Peter Finn, Officers?” Anthony J.
Force of Southwestern August, p. 22. Pinizzotto, Edward F. Davis,
Pennsylvania,” Kenneth “A Medical Model for Commu- and Charles E. Miller,
W. Newman and John nity Policing,” Joseph A. July, p. 1.
Wisniewski, February, p. 20. Harpold, June, p. 23.
“Myths of Underwater Recovery
Operations,” Ronald F. “The Advent of the Computer
Becker, September, p. 1. Delinquent,” Arthur L.
Bowker, December, p. 7.
“Operation Clean Sweep:
Curbing Street-Level Drug “Biometrics: Solving Cases of
Trafficking,” Michael A. Mistaken Identity and More,”
Meyers, May, p. 22. Stephen Coleman, June, p. 9.
“Reducing Violent Bank “Investigative Uses of Comput-
Robberies in Los Angeles,” ers: Analytical Time Lines,”
William J. Rehder, Craig W. Meyer and Gary M.
January, p. 13. Morgan, August, p. 1.
“Working with Informants: “NCIC 2000,” Stephanie L. Hitt,
Operational Recommenda- July, p. 12.
tions,” James E. Hight, “Protecting Children on the
May, p. 6. Electronic Frontier: A Law
Enforcement Challenge,”
PERSONNNEL Matt Parsons, October, p. 22.
“British Policing and the Ottawa “Unsolved Case Fingerprint
Shift System: Easing the Stress Matching,” December, p. 12.
of Rotating Shifts,” Mike
Simpson and Suzanne TERRORISM
Richbell, January, p. 19. “Establishing a Foot Pursuit
Policy: Running into Danger,” “Exercise ‘Baseline’: Training
“Mentoring for Law Enforce- for Terrorism,” Gary J. Rohen,
Shannon Bohrer, Edward F.
ment,” Julie Williams, January, p. 1.
Davis, and Thomas J. Garrity,
March, p. 19.
May, p. 10.
POLICE-COMMUNITY “Fine Tuning Your News
RELATIONS Briefing,” Ancil B. Sparks and “The Interview Challenge:
“The Citizen Police Academy: Dennis D. Staszak, December, Mike Simmen Versus the FBI”
Success Through Community p. 22. Owen Einspahr, April, p. 16.
Partnerships,” Giant Abutalebi “Professional Police Traffic “Training Patrol Officers to
Aryani, Terry D. Garrett, and Stops: Strategies to Address Mediate Disputes,” Christo-
Carl L. Alsabrook, May, p. 16. Racial Profiling,” Grady pher Cooper, February, p. 7.
“The Community Outreach Carrick, November, p. 8.
Program: Putting a Face on WHITE COLLAR CRIME
Law Enforcement,” William RESEARCH “Identity Theft: A Fast-growing
Holley and Maria Fazalare, “Officers’ Perceptual Shorthand: Crime,” Matthew L. Lease and
September, p. 6. What Messages are Offenders Tod W. Burke, August, p. 8.

December 2000 / 27
2000 Author Index
A Bell, William R., Criminal
Alsabrook, Carl L., Officer, Investigator, Department of
Rockwall, Texas, Police Corrections, Canon City,
Department, “The Citizen Colorado, “Correctional
Police Academy: Success Criminal Investigators: The
Through Community Partner- New Cops on the Beat,”
ships,” May, p. 16. June, p. 6.
Aryani, Giant Abutalebi, Berger, William B, Chief, North
Vibhooti Shukla Fellow, Miami Beach, Florida, Police
University of Texas’ School of Department, “Police Eliminat-
Social Sciences, Dallas, Texas, ing Truancy: A PET Project,”
“The Citizen Police Academy: February, p. 16.
Success Through Community Bohrer, Shannon, Firearms
Partnerships,” May, p. 16. Instructor, Maryland Police
and Correctional Training
B Commissions, Sykesville,
Baumgart, Wayne C., Chief, Maryland, “Establishing a
Euclid, Ohio, Police Depart- Foot Pursuit Policy: Running
ment, “An Effective Assess- into Danger,” May, p. 10. August, p. 8; and “Law
ment Center Program: Essen- Bowker, Arthur L., Probation Enforcement’s Response to
tial Components,” June, p. 1. Officer, U.S. District Court, Small Aircraft Accidents,”
Becker, Ronald F., Director, Cleveland, Ohio, “The Advent February, p. 11.
Underwater Institute, South- of the Computer Delinquent,”
west Texas State University, December, p. 7. C
San Marcos, Texas, “Myths of Brooks, Michael E., Special Cardwell, Michael D., Deputy
Underwater Recovery Opera- Agent, FBI Academy, Chief, San Bernardino County,
tions,” September, p. 1. Quantico, Virginia, “Flight California, Sheriff’s Depart-
as Justification for Seizure: ment, “Nationwide Applica-
Supreme Court Rulings,” tion of the Incident Command
June, p. 28. System: Standardization is the
Bulzomi, Michael J., Special Key,” October, p. 10.
Agent, FBI Academy, Carpenter, Michael, Assistant
Quantico, Virginia, “Anony- Professor, Adirondack Com-
mous Tips and Frisks: Deter- munity College, Queensbury,
mining Reasonable Suspi- New York, “Put It in Writing:
cion,” August, p. 28; and The Police Policy Manual,”
“Drug Detection Dogs: Legal October, p. 1.
Considerations,” January, Carrick, Grady, Major, Florida
p. 27. Highway Patrol, Northeast
Burke, Tod W., Associate Florida, “Professional Police
Professor, Radford University, Traffic Stops: Strategies to
Radford, Virginia, “Identity Address Racial Profiling,”
Theft: A Fast-growing Crime,” November, p. 8.

28 / FBI Law Enforcement Bulletin

Colbridge, Thomas D., Special Behavioral Aspects,” June, Department, “Police Officer
Agent, FBI Academy, p. 18. Candidate Assessment and
Quantico, Virginia, “The Cosner, Thurston L., Psycholo- Selection,” December, p. 1.
Americans with Disabilities gist, “An Effective Assessment
Act,” September, p. 26; E
Center Program: Essential
“Defining Disability Under the Components,” June, p. 1. Einspahr, Owen, Special Agent,
Americans with Disabilities FBI Academy, Quantico,
Act,” October, p. 28; “Elec- Crawford, Kimberly A., Special Virginia, “The Interview
tronic Surveillance: A Matter Agent, FBI Academy, Challenge: Mike Simmen
of Necessity,” February, p. 25; Quantico, Virginia, “Media Versus the FBI,” April, p. 16.
and “Prohibited Discrimina- Ride-Alongs: Fourth Amend-
tion Under the Americans with ment Constraints,” July, p. 26. F
Disabilities Act,” December,
Fazalare, Maria, Community
p. 14.
Outreach Specialist, FBI,
Coleman, Stephen, Associate Clarksburg, West Virginia,
Professor, Metropolitan State “The Community Outreach
University’s School of Law Program: Putting a Face
Enforcement, Criminal Justice, on Law Enforcement,”
and Public Safety, St. Paul, September, p. 6.
Minnesota, “Biometrics: Finn, Peter, Special Officer,
Solving Cases of Mistaken Belmont, Massachusetts,
Identity and More,” June, p. 9. Police Department, “Getting
Cooley, John, Sergeant, Los Along with Citizen Oversight,”
Angeles, California, Police August, p. 22; and “Labeling
Department, “HIV/AIDS in Automobile Parts to Combat
Law Enforcement: ‘What-If’ Theft,” April, p. 10.
Scenarios,” February, p. 1.
Cooney, Patrick T., Deputy G
Chief, California Governor’s Garrett, Terry D., Sergeant,
Office of Emergency Services, Rockwall, Texas, Police
Sacramento, California, Department, “The Citizen
“Nationwide Application of Police Academy: Success
the Incident Command Sys- D Through Community Partner-
tem: Standardization is the Davis, Edward F., Instructor, ships,” May, p. 16.
Key,” October, p. 10. FBI Academy, Quantico, Garrity, Thomas J., Jr., Chief,
Cooper, Christopher, Assistant Virginia, “Establishing a Foot Collingswood, New Jersey,
Professor, St. Xavier Univer- Pursuit Policy: Running into Police Department, “Establish-
sity, Chicago, Illinois, “Train- Danger,” May, p. 10; and ing a Foot Pursuit Policy:
ing Patrol Officers to Mediate “Officers’ Perceptual Short- Running into Danger,”
Disputes,” February, p. 7. hand: What Messages Are May, p. 10.
Corbitt, William Andrew, Offenders Sending to Law Glemboski, Gary J., Lieutenant,
Officer, University of Tennes- Enforcement Officers?” Savannah, Georgia, Police
see Police Department, Knox- July, p. 1. Department, “Rethinking
ville, Tennessee, “Violent DeCicco, David A., Officer, Investigative Priorities,”
Crimes Among Juveniles: Clarkstown, New York, Police August, p. 6.

December 2000 / 29
Red-Handed or Empty Agriculture, Missoula, Mon-
Headed?” April, p. 22. tana, “Managing Protests on
Public Land,” September,
Hight, James E., Special Agent,
p. 10.
FBI, Tulsa, Oklahoma, “Work-
ing with Informants: Opera- L
tional Recommendations,”
May, p. 6. Lathrop, Sam W., Captain,
Beloit, Wisconsin, Police
Hitt, Stephanie L., FBI, Department, “Reviewing
Clarksburg, West Virginia, Use of Force: A Systematic
“NCIC 2000,” July, p. 12. Approach,” October, p. 16.
Holley, William, Community Lease, Matthew L., Graduate
Outreach Program Manager, Student-Researcher, Radford
FBI, Clarksburg, West Vir- University, Radford, Virginia,
ginia, “The Community “Identity Theft: A Fast-
Outreach Program: Putting a growing Crime,” August, p. 8;
Face on Law Enforcement,” and “Law Enforcement’s
September, p. 6. Response to Small Aircraft
Gregg, Rod, Lieutenant, Garland, Huguley, Mark, Major, South Accidents,” February, p. 11.
Texas, Police Department, Carolina Law Enforcement M
“Interacting with ‘Cults’: A Division, Columbia, South
Policing Model,” September, Carolina, “Joint Employee Mahaney, Patrick, Instructor,
p. 16. Assistance Programs,” Federal Law Enforcement
November, p. 23. Training Center, Glynco,
H Georgia, “Management
Hunter, John A., Associate Training for Police Super-
Hargreaves, Guy, Special Agent, Professor, University of visors: A Cost-effective
DEA, Arlington, Virginia, Virginia, Charlottesville, Approach,” July, p. 7.
“Clandestine Drug Labs: Virginia, “Juvenile Sexual
Chemical Time Bombs,” Homicide,” March, p. 1.
April, p. 1.
Harpold, Joseph A., Special J
Agent, FBI Academy, Jensen, Carl J., III, Special
Quantico, Virginia, “A Medi- Agent, FBI Academy,
cal Model for Community Quantico, Virginia, “Interact-
Policing,” June, p. 23. ing with ‘Cults’: A Policing
Model,” September, p. 16.
Hazelwood, Robert R., Vice
President, The Academy K
Group, Inc., Manassas,
Virginia, “Juvenile Sexual Kil, Sophia Y., Honors Intern,
Homicide,” March, p. 1. FBI Academy, Quantico,
Virginia, “Supreme Court
Hendrie, Edward M., Special Cases: 1999-2000 Term,”
Agent, DEA, FBI Academy, November, p. 28.
Quantico, Virginia, “Proving
King, Thomas R., Special Agent
Guilty Knowledge: Caught
(retired), U. S. Department of

30 / FBI Law Enforcement Bulletin

Meyer, Craig W., Special Agent, Proactive Stance to Monitoring Virginia, “The Supreme Court
FBI Academy, Quantico, Convicted Sex Offenders,” Revisits Miranda,” March,
Virginia, “Investigative Uses October, p. 6. p. 27.
of Computers: Analytical Time Parsons, Matt, Special Agent, Rehder, William J., Special
Lines,” August, p. 1. U.S. Naval Criminal Investiga- Agent, FBI, Los Angeles,
Meyers, Michael A., Chief, tive Service, Washington, DC, California, “Reducing Violent
Rialto, California, Police “Protecting Children on the Bank Robberies in Los Ange-
Department, “Operation Clean Electronic Frontier: A Law les,” January, p. 13.
Sweep: Curbing Street-Level Enforcement Challenge,” Richards, Robert B., Special
Drug Trafficking,” May, p. 22. October, p. 22. Agent, FBI Academy,
Miller, Charles E., Instructor, Quantico, Virginia, “Planning
FBI, Clarksburg, West Vir- for the Future,” January, p. 8.
ginia, “Officers’ Perceptual
Richbell, Suzanne, Lecturer,
Shorthand: What Messages
Sheffield University Manage-
Are Offenders Sending to Law
ment School, Sheffield, En-
Enforcement Officers?” July,
gland, “British Policing and
p. 1.
the Ottawa Shift System:
Morgan, Gary M., Special Easing the Stress of Rotating
Agent, FBI Academy, Shifts,” January, p. 19.
Quantico, Virginia, “Investiga-
tive Uses of Computers: Rohen, Gary J., Special Agent,
Analytical Time Lines,” FBI, Washington, DC, “Exer-
August, p. 1. cise ‘Baseline’: Training for
Terrorism,” January, p. 1.
Newman, Kenneth W., Deputy
Chief, U. S. Postal Inspection Schafer, John R., Special Agent,
Service, Washington, DC, FBI, Lancaster, California,
“The Financial Crimes Task “Color of Law Investigations,”
Force of Southwestern Penn- Patterson, Jeffrey L., Captain, August, p. 15.
sylvania,” February, p. 20. Clearwater, Florida, Police Scholle, Alan D., Special Agent,
Department, “Policing in a Department of Public Safety,
O Global Society,” April, p. 7. Cedar Falls, Iowa, “Sex
O’Neal, Scott, Special Agent, Pinizzotto, Anthony J., Forensic Offender Registration: Com-
FBI Academy, Quantico, Psychologist, FBI Academy, munity Notification Laws,”
Virginia, “Russian Organized Quantico, Virginia, “Officers’ July, p. 17.
Crime: A Criminal Hydra,” Perceptual Shorthand: What Simons, André B., Special
May, p. 1. Messages Are Offenders Agent, FBI, Redding, Califor-
Sending to Law Enforcement nia, “Runaway or Abduction?
P Officers?” July, p. 1. Assessment Tools for the First
Parks, Bernard C., Chief, Los Responder,” November, p. 1.
Angeles, California, Police R Simpson, Mike, Instructor,
Department, “Sex Offender Regini, Lisa A., Special Agent, Sheffield University Manage-
Registration Enforcement: A FBI Academy, Quantico, ment School, Sheffield,

December 2000 / 31
England, “British Policing and Tuning Your News Briefing,”
the Ottawa Shift System: December, p. 22.
Easing the Stress of Rotating Stutler, Thomas R., Special
Shifts,” January, p. 19. Agent, FBI, Oakland, Califor-
Slesinger, David, Doctoral nia, “Stealing Secrets Solved:
Student, Virginia Consortium Examining the Economic
Program in Clinical Psychol- Espionage Act of 1996,”
ogy, Virginia Beach, Virginia, November, p. 11.
“Juvenile Sexual Homicide,” Szubin, Adam, Graduate,
March, p. 1. Harvard Law School, “Inter-
Smialek, John E., Chief Medical acting with ‘Cults’: A Policing
Examiner, Forensic Pathology Model,” September, p. 16.
Division, University of Mary-
land, College Park, Maryland, W
“The Microscopic Slide: A Walker, Jayme S., Instructor,
Potential DNA Reservoir,” DEA, FBI Academy,
November, p. 18. Quantico, Virginia, “The
Sparks, Ancil B., Special Agent, Qualified Privilege to Protect
FBI Academy, Quantico, Sensitive Investigative Tech- Williams, Julie, Captain, Lan-
Virginia, “Fine Tuning Your niques from Disclosure,” sing, Michigan, Police Depart-
News Briefing,” December, May, p. 26. ment, “Mentoring for Law
p. 22. Ward, Richard J., Jr., Sergeant, Enforcement,” March, p. 19.
Staszak, Dennis D., Special Charlottesville, Virginia, Willie Jeannine, Department of
Agent, FBI Academy, Police Department, “Imple- Justice, Sacramento, Califor-
Quantico, Virginia, “Fine menting Juvenile Curfew nia, “Runaway or Abduction?
Programs,” March, p. 15. Assessment Tools for the First
Wattendorf, George E., Dover, Responder,” November, p. 1.
New Hampshire, Police Wind, Susan, Program Director,
Department, “Stalking- North Miami Beach, Florida,
Investigation Strategies,” Police Department, “Police
March, p. 10. Eliminating Truancy: A PET
Webb, Diane, Detective, Los Project,” February, p. 16.
Angeles, California, Police Wisniewski, John A., Inspector,
Department, “Sex Offender U. S. Postal Inspection Ser-
Registration Enforcement: A vice, Pittsburgh, Pennsylvania,
Proactive Stance to Monitor- “The Financial Crimes Task
ing Convicted Sex Offenders,” Force of Southwestern Penn-
October, p. 6. sylvania,” February, p. 20.
Westveer, Arthur E., Violent Word, Charlotte, Forensic
Crime Specialist, FBI Acad- Laboratory Deputy Director,
emy, Quantico, Virginia, “The Germantown, Maryland, “The
Microscopic Slide: A Potential Microscopic Slide: A Potential
DNA Reservoir,” November, DNA Reservoir,” November,
p. 18. p. 18.

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
their exemplary service to the law enforcement profession.

Shortly after midnight,

Officers Patrick Fitzgerald and
Michael Oehmke and Lieutenant
Lonnie Nasalroad of the St.
Peters, Missouri, Police Depart-
ment responded to a structure fire
where they learned that an indi-
vidual with physical disabilities
was inside. Officers Fitzgerald
and Oehmke and Lieutenant
Officer Fitzgerald Officer Oehmke Lieutenant Nasalroad Nasalroad entered the burning
building and located the victim,
who weighs approximately 800 pounds, in a rear bedroom. The victim, who initially was unwilling to
accompany the officers from the residence, laid down on the floor so the officers could drag him to
safety. The courageous actions of Officers Fitzgerald and Oehmke and Lieutenant Nasalroad prevented
the victim from suffering serious physical injury or death.

Officers Ralph Fench and Chris Milliman of the

Forest Park, Georgia, Police Department responded to a
burglary at a jewelry store. Upon arrival, they observed a
suspect brandishing a pistol inside the store. The officers
chased the suspect as he fled the store on foot. As the
subject started to cross a busy state highway, he pointed
his weapon at Officer Fench and the officers fired at
the suspect, who jumped in front of and stopped a car
carrying two females. The suspect, still armed, forced his
way into the driver’s seat. Reaching the vehicle, Officer
Officer Fench Officer Milliman Milliman struggled with the suspect while Officer Fench
approached the passenger side, seized the weapon, and
disarmed the suspect. The brave actions of Officers
Fench and Milliman resulted in the arrest of the
suspect and saved two innocent motorists from injury Nominations for the Bulletin Notes should be based
or kidnapping. on either the rescue of one or more citizens or
arrest(s) made at unusual risk to an officer’s safety.
Submissions should include a short write-up
(maximum of 250 words), a separate photograph of
each nominee (limit 3), and a letter from the
department’s ranking officer endorsing the nomina-
tion. Submissions should be sent to the Editor, FBI
Law Enforcement Bulletin, FBI Academy, Madison
Building, Room 209, Quantico, VA 22135.
U.S. Department of Justice Periodicals
Federal Bureau of Investigation Postage and Fees Paid
Federal Bureau of Investigation
FBI Law Enforcement Bulletin ISSN 0014-5688
935 Pennsylvania Avenue, N.W.
Washington, DC 20535-0001

Official Business
Penalty for Private Use $300

Patch Call

The patch of the Orange, Texas, Police Depart- The St. Joseph, Missouri, Police Department
ment features the colors of the Lone Star state. An oil patch features the Pony Express rider traversing the
well and green trees on the patch depict two of the great plains on the way to Sacramento, California.
area’s largest industries—oil and lumber. The date “1860” depicted on the patch is the year
the Pony Express started in St. Joseph, Missouri.