Académique Documents
Professionnel Documents
Culture Documents
Volume 71
Number 2
United States
Department of Justice
Federal Bureau of Investigation
Washington, DC 20535-0001
The FBI Law Enforcement Bulletin Adventures in First-time public speakers can feel
(ISSN-0014-5688) is published
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Investigation, 935 Pennsylvania
Public Speaking 15 less intimidated through practice and
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By James E. Tilton
Avenue, N.W., Washington, D.C. techniques.
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address changes to Editor, FBI Law Inferring Probable Cause Officers must determine when there is
Enforcement Bulletin, FBI Academy,
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By Edward Hendrie 23 sufficient evidence to establish probable
cause to search a suspect’s home.
Editor
John E. Ott
Associate Editors
Glen Bartolomei
Cynthia L. Lewis
Departments
Bunny S. Morris
Art Director
Denise Bennett Smith 10 Unusual Weapon 20 Book Reviews
Assistant Art Director Lighter Knife Policing Mass Transit
Stephanie L. Lowe
Patrol Officer Problem
Staff Assistant
Linda W. Szumilo 11 Police Practice Solving and Solutions
Response to People
This publication is produced by with Mental Illness 22 Bulletin Reports
members of the Law Enforcement
Communication Unit, Drugs and Crime
William T. Guyton, Chief 19 Crime Data Juvenile Justice
Injuries from Violent Crime
Internet Address
leb@fbiacademy.edu
Cover Photo
© Seattle News Bureau/Nick Gunderson
© Dave Workman
P
olice and corrections man- prison overcrowding. “All but eight
“Just beyond the horizon, there agers know that they will states in the United States are under
lurks a cloud that the winds will face many challenges in the federal court orders to do something
soon bring over us. The popula- next decade. What will be the scope to alleviate overcrowding in pris-
tion will start getting younger
and nature of the crime problem? ons—overcrowding so severe that it
again. By the end of this decade
there will be a million more people What will be the best ways to meet constitutes ‘cruel and unusual pun-
between the ages of 14 and 17.... emerging challenges with available ishment.’ In their efforts, many
This extra million will be half male. funding and resources? How can states have had to reduce the time
Six percent of them will become law enforcement and corrections offenders spend in prison, and some
repeat offenders. Get ready.”1 not only hold the line on public states have placed an increasing
safety but actually improve public percentage of felons on probation.
safety and continue to drive the This may mean that convicted fel-
crime rate down? According to ons are spending more post-convic-
many experts, this could prove a tion time on the streets than ever
daunting challenge.2 before, a situation that not only se-
Another area of concern for po- verely strains the resources of pro-
lice and corrections managers is bation and parole agencies but also
February 2002 / 1
jeopardizes public safety.”3 Clearly, The probation failure and high successful partnerships between
a challenge exists for corrections recidivism rates cited in these stud- police and community corrections,
agencies to decide how to use their ies will not surprise any veteran law such as Boston’s Operation Night
limited number of officers, who enforcement or corrections officer. Light.8 Most of these programs
already have bulging caseloads, in a Clearly, both corrections and law developed as an outreach of com-
way that focuses necessary re- enforcement officers need to focus munity policing and antigang and
sources on the most dangerous and on felons who are under supervision antidrug efforts.
recidivism-prone probationers. because “...successfully preventing Corrections agencies have em-
Over the past three decades, re- this group from committing new braced a variety of strategies for
searchers have examined the impact crimes may be the key to continued improved supervision of offenders,
of recidivism. For example, one and sustained reduction of crime including intensive probation su-
study showed that in 1997, only 44 rates.”7 pervision, electronic monitoring,
percent of persons under state su- house arrest, and community-ser-
pervision successfully completed NEW CHALLENGES, vice sentencing. These tactics fall
their term of supervision compared NEW SOLUTIONS under the rubric of intermediate
with 70 percent in 1984. Moreover, Police have attempted to meet sanctions. Some experts believe
police arrested a high percentage of these challenges through such ef- “that the U.S. criminal justice sys-
these individuals for new felonies.4 forts as community policing, new tem might be able to get additional
Over 10 years earlier, a study in Los partnerships, and improved infor- return on the resources that are actu-
Angeles County concluded that re- mation sharing, including new ally or potentially available by
cidivism rates for high-risk offend- shared-technology systems that can examining the benefits and cost of
ers ranged between 50 and 75 per- link similar crimes and identify various intermediate-level sanc-
cent,5 while a Philadelphia study suspects. These systems can help tions for felony offenders, such as
conducted nearly 30 years ago police catch serial criminals and community-based programs, that
found that 7 percent of the criminal swiftly identify and take action provide more intensive supervision
population committed approxi- against unlawful enterprises. The than routine probation but are less
mately 70 percent of all violent last decade saw the development restrictive than prison.”9 However,
crime.6 and implementation of a number of some intermediate sanctions, such
as intensive supervision programs,
can require extra personnel, result-
ing in either additional probation
“
resources or a reallocation of these
resources.
SMART Partnerships Such new challenges definitely
began in 1992 as a require new solutions. To this end,
Washington State has created a new
collaboration between state-of-the-art crime-fighting sys-
the Redmond...Police tem called HITS/SMART (Homi-
Department and cide Investigative Tracking System/
the...Department of Supervision Management And Re-
Corrections in cidivist Tracking). This system de-
Bellevue. veloped out of a spirit of coopera-
tion and a common strategic goal of
“
with supervised offenders. Com- nication and unwillingness to share
bined with mapping and other crime information, referred to as “linkage
analysis programs, it creates a com- blindness,” has occurred between
prehensive system for tracking of- Primarily, HITS acts law enforcement agencies. Wash-
fenders and crime patterns and as a central repository ington State created the HITS pro-
stands ready to help law enforce- for detailed violent gram to overcome this problem.
ment and corrections meet the chal- crime information The HITS design allows each
lenges of the future. agency to enter, maintain, search,
collected from compare, analyze, and view its own
HITS: The State System police and sheriff’s information in its entirety, as well
HITS comprises a unit of the departments.... as to compare this information with
Criminal Division of the Washing- all of the data in the whole system.
”
ton State Attorney General’s Of- When the computer finds compa-
fice.10 The state developed HITS as rable cases not authored by the in-
a result of several heinous serial quiring agency, it provides only the
killings that occurred in the area Criminals do not have bound- name of the investigating agency,
during the 1980s. The National In- aries—murderers may commit rape the investigator’s name, phone
stitute of Justice provided the origi- and robbery; arsonists may commit number, and agency case number. If
nal funding in the form of a grant to murder and rape. Whether by de- the inquiring agency needs further
study the salient characteristics of sign or accident, offenders perpe- information, it must contact the
murder. HITS success became ap- trate a variety of crimes across listed agency or investigator. This
parent even before all of the col- many different borders or jurisdic- allows each agency to maintain
lected data had been entered. As a tions. Law enforcement organiza- the integrity and anonymity of its
result, in 1991, the state legislature tions, on the other hand, have very information.
mandated that the system also track distinct boundaries, federal, state, Primarily, HITS acts as a cen-
all violent crimes, including sex county, and city. Larger agencies tral repository for detailed violent
crimes. even have demarcations between crime information collected from
As a software application, investigative units, such as homi- police and sheriff’s departments in
HITS stores information contrib- cide, rape, and robbery. In many Washington, Oregon, and Idaho.
uted voluntarily by system users cases, these units are divided into Through analyzing this informa-
who collect crime information on districts, with individual investiga- tion and providing linkages be-
standardized forms, which require tors handling one specific type of tween different incidents, HITS has
February 2002 / 3
predominantly nighttime hours
makes it extremely difficult for of-
fenders to violate their curfew or
other conditions. If police officers
discover that an offender is not
home or observe other violations,
they document these and notify the
subject’s CCO as soon as possible.
If officers witness a violation of
law, they take normal enforcement
action. During home visits, officers
stress professionalism, and many
offenders actually have found this
police monitoring a positive ex-
perience in their reentry into the
community.
The second part of the program
requires Redmond police officers to
contributed significantly to solving activity in that locale. For the document random contacts with
a number of high-profile crimes.11 Redmond Police Department, supervised offenders. In Washing-
SMART represents an extension of ton State, when an officer performs
SMART Partnerships: this philosophy. Officers not only an electronic name search to verify
The Local Approach must know the individuals who live an individual’s identity and to
SMART Partnerships began in and work in their patrol area but check for warrants, the process in-
1992 as a collaboration between the they also must recognize the high- forms the officer whether the sub-
Redmond, Washington, Police De- risk supervised offenders who live ject is under DOC supervision. For
partment and the Office of the there and their conditions of super- years, officers statewide received
Washington State Department of vision. They also must develop information on supervised offend-
Corrections (DOC) in Bellevue. In a working relationships with the ers during traffic stops, as well as
two-part program, Redmond police CCOs whose caseloads include other police investigations, from
officers began working directly these offenders. The Redmond Po- suspicious person contacts to dis-
with Bellevue community correc- lice Department assigns officers turbances and serious criminal in-
tions officers (CCOs) to increase one or two offenders, who they visit vestigations. Sometimes, officers
supervision and accountability of randomly at their homes twice a received this information on indi-
offenders who reside in, or fre- month during the offender’s hours viduals who they would arrest for a
quent, Redmond. of curfew. Officers document the new crime, but, more often, such
In the first part of the program, visit on a simple form that they pro- matches occurred on offenders
Redmond police officers directly vide to the subject’s CCO. A stopped for traffic infractions or as-
assist DOC in monitoring high-risk second, alternating officer always sociated with an event, such as a
offenders who live in their patrol accompanies the primary officer on disturbance call, where officers
areas. One of the often-cited pre- each visit. This alleviates liability usually would not effect an arrest.
mises of community-oriented po- concerns and, over a short period Until the advent of SMART, offic-
licing states that officers will be of time, allows most officers on ers never documented or forwarded
more effective if they work the the shift to recognize the offenders these contacts to DOC. Thousands
same area and get to know individu- and learn their hours of curfew of these contacts occurred in
als who live and work there, as well and other conditions of release. Di- Washington State each year with-
as knowing the normal patterns of rect monitoring by police during out DOC’s knowledge. However,
“
dividual and associates, related ve- use this information to create an-
hicle data, time of day and location other database for comparing crimi-
of the contact, type of event investi- Over the last 8 years, nal incidents by employing infor-
gated, and a short narrative. The mation gathered through police
card also captures whether the sub-
a steady evolution of FIRs of offenders. For example, a
ject appeared under the influence of SMART Partnerships, certain supervised offender may be
alcohol or other drugs and whether HITS, and the a suspect in an abduction/rape case;
the individual is under the supervi- Washington State however, not enough evidence for
sion of DOC. DOC has occurred. an arrest and no record of the of-
When officers complete a FIR fender having access to the type of
”
on a subject under DOC supervi- vehicle described by the victim ex-
sion, the FIR is routed the same as ists. A FIR on that offender may
all other reports, through the duty show that he has access to a friend’s
lieutenant and to the crime analyst. SMART Partnerships soon vehicle that turns out to match the
On a weekly basis, these FIRs are spread to other departments. Since victim’s description. The rape
sent to the Bellevue office of the 1992, over 70 police departments investigator’s knowledge of the ve-
DOC, where the CCO designated and community corrections field of- hicle could lead to evidence recov-
as the SMART Partnership liaison fices in Washington State have re- ery and the arrest and conviction of
forwards a copy of the FIR to ceived training in the implementa- the perpetrator. HITS also may con-
the subject’s supervising CCO. tion of SMART Partnerships. 12 nect this vehicle to several other
Although conditions for release From September 1993 to September unsolved rape cases.
can vary, typical provisions of 1994, the law enforcement agencies This initial meeting generated
supervised offenders include no of Redmond, Bellevue, and King ideas that would take a partnership
February 2002 / 5
between HITS and SMART far be- role of linking and helping the activities of supervised
yond simply adding HITS as a re- investigators solve serial offenders.
pository for SMART-FIRs. Partici- crimes.
• Because HITS already main-
pants developed a plan that had • Any police department par- tained an up-to-date computer
far-reaching effects and included ticipating in SMART could record of every offender who
the following actions: access this entire database in was under DOC supervision,
• HITS would develop an elec- the course of its own criminal the new system also would
tronic database for storage of investigations. match an offender who was
all FIRs generated by SMART. • Any CCO could access this the subject of a FIR with that
• HITS would use this database entire database for investi- individual’s CCO. The system
as a new field for its primary gative purposes regarding then would notify CCO
O ver a 2-month period, 11 sexually motivated burglary/rapes and attempts occurred in King
County, Washington. The investigating detective provided the names and addresses of the
victims and the method of operation and physical description of the suspect to HITS personnel, who
conducted an analysis of this information. First, staff members ran a computer check on the physical
description of the suspect (21 to 24 years old, 5"9" to 6' in height, and weighing between 140 and
170 pounds) and a present or former address within 10 square miles of the center of the series of
crimes. The computer check, which also included those offenders previously convicted of a sexual
offense or burglary in King County, identified 37 possible suspects. Staff members then requested
information on only those suspects with previous convictions of both a sex crime and a burglary.
This reduced the number of suspects to two, with one’s physical description closely matching that
of the unknown rapist. HITS personnel then plotted the names and addresses of the 37 possible
suspects, highlighting the two specific ones, and the victims on a computer-generated map. Based
on this information, the detective set up a surveillance on the one suspect. Two nights later, police
arrested the suspect attempting to break into a residence occupied by two women. The suspect
confessed to some of the rapes and was linked to others by evidence.
The Bainbridge Island, Washington, Police Department requested assistance from HITS while
investigating what they believed was a series of burglaries where the offender showed a propensity
for violence. In one incident, the subject broke into a residence and took many items of considerable
value. In another, he broke into a residence, tied up the resident, then took her property and vehicle.
In the first case, police obtained a description of the suspect’s vehicle and partial license plate.
Because of the similarities in the method of operation and physical description of the suspect, the
police believed that the same offender committed both crimes. HITS used the partial license plate
and vehicle information to obtain a list of nine possible vehicles. Officers contacted the registered
owners of these vehicles and found that the owner of one had loaned the vehicle to a friend who
witnesses identified as the burglar.
Source: Robert Lamoria, Office of the Attorney General of Washington State, Criminal Justice Division,
Homicide Investigative Tracking System, HITS Advancement, SMART: Washington’s Answer to Crime
Prevention? October 2000.
“
and expand the database as rion, besides being under DOC su-
rapidly as possible. pervision, that guides most depart-
After the initial meeting, HITS Combining a state ments on completing a FIR on
representatives studied the feasibil- system, HITS, with a anyone. Expansion of HITS/
ity and cost of such a system and, in SMART to a statewide database for
mid-1995, the Washington State
local approach, SMART
all FIRs would create a valuable
Attorney General directed HITS to Partnerships, created new tool by providing every police
develop HITS/SMART. During the a unique venture.... investigator in the state with infor-
1996 legislative session, the state mation on suspected perpetrators of
”
appropriated funding, which began crimes, ranging from vehicle thefts
in 1997. After a 2-year development to serial murders.
phase, HITS/SMART was ready for
tests and final refinement. Three NEW DEVELOPMENTS, HITS Expansions
Washington law enforcement agen- NEW APPLICATIONS Just as SMART evolves, HITS
cies—the Redmond, Yakima, and Over the last 8 years, a steady continues to expand its other data-
Seattle Police Departments—are evolution of SMART Partnerships, bases and programs, all of which
participating in the test phase. In HITS, and the Washington State can be queried, overlaid, or applied
mid-1999, these agencies began en- DOC has occurred. These three en- to solving crimes. Some of these
tering SMART-FIRs. Representing tities, along with a new state law, other databases and programs are
only a tiny fraction of police of- have come together in a continually Crime Data, Gangs, Registered Sex
fender contacts statewide, these evolving partnership that will pro- Offenders, Time Line, and Tip
three agencies made over 600 en- pel police, corrections, and technol- Sheet. All of the new programs em-
tries into the HITS/SMART data- ogy into unprecedented crime- ploy technology in innovative
base by mid-October 2000. Once fighting synergy. ways. For example, another data-
these agencies complete the test base, CATCH (Computer Aided
phase, all other law enforcement SMART Enhancements Tracking and Characterization of
agencies in Washington State will SMART has evolved from Homicides), is an application that
be invited to participate in the hand-delivered or mailed FIRs, uses artificial neural networks and
program. which could take weeks to reach a mathematical algorithms to assist in
Currently, the Seattle Police CCO, to a computerized system that the analysis of murders and sexual
Department is using the HITS/ matches a FIR to a CCO and alerts assaults. It assists crime analysts by
SMART program as part of a so- the officer almost instantly. The using known characteristics from
phisticated partnership between the technology of HITS/SMART will previous similar cases to fill in
February 2002 / 7
missing characteristic information joint home visits, and expand the Legal Accountability
about recent sex-related homicides HITS/SMART program. The Se- Even with all of the efforts to
or sexual assaults and by relating attle Police Department’s Crime prevent supervised offenders from
the information in recent sex mur- Analysis Unit will assist the NCI committing new crimes, authorities
der cases to past cases of sexual teams and other DOC and police realized that they needed enhanced
assault and sex-related homicide. It staff members by employing HITS/ laws relating to these individuals.
also helps crime analysts relate dif- SMART, crime mapping, and other Therefore, Washington State en-
ferent cases to the same offender.16 technology to guide monitoring ef- acted the Offender Accountability
forts of supervised offenders, as Act,18 which completely overhauled
DOC Innovations well as governing detection and ap- the way that offenders are super-
The Washington State DOC re- prehension initiatives of those who vised. The following items set forth
mains committed to working part- commit new crimes.17 some of the major changes:
nerships with police. Past support • As of July 1, 1999, community
for SMART and other police-cor- supervision became commu-
rections partnership programs, nity custody. This greatly
along with DOC’s evolving rela- expanded the community
tionship with the Seattle Police De- custody classification, the
partment, exemplifies this commit- highest level of offender
ment. Both agencies are working supervision in the community.
together on a program called the This means that all offenders
Neighborhood Corrections Initia- can encounter a variety of
tive (NCI), which formalizes a restrictions, including an
working partnership that focuses on 8-hour daily curfew. It also
high-risk and chronic offenders un- means that those who violate
der the supervision of the Washing- their terms of supervision
ton State DOC. NCI will assist in can face a range of sanctions,
identifying and monitoring high- including felony escape
risk and repeat offenders, who charges for violation of curfew
threaten the safety and welfare of or abdication of supervision.
the community, and hold them ac- Seattle is leading the way to- Police also can assist with
countable for their actions. NCI’s ward a day in policing when this direct monitoring of commu-
primary goal is to reduce repeat of- technology, which currently is nity custody inmates.
fenses by supervised offenders, available in limited areas and only
thereby improving public safety. for the most serious crimes, will be • DOC may establish and
Broadening collaboration between available to and used by all police modify additional supervision
DOC, the Seattle Police Depart- officers as well as CCOs. Besides conditions based on risk to
ment, and the community repre- crime analysts, line police officers community safety and will
sents NCI’s approach to increasing and CCOs will feed information work with law enforcement
positive compliance from super- into these systems. In Seattle and agencies as partners in com-
vised offenders. Assigned to each most of Washington State, police munity safety.
precinct, NCI teams of police offic- and corrections agencies have • DOC must complete risk
ers and CCOs will work on joint learned that they can gain signifi- assessments of offenders,
initiatives to accomplish these ob- cantly by working together in for- deploy CCOs on the basis
jectives. The teams will employ mal partnerships. Technological ad- of geographic distribution of
joint emphasis patrols, monitor vances, such as HITS/SMART, these offenders, and establish a
high-risk offenders, serve bench make these partnerships even more systematic means of assessing
warrants and detainers, conduct effective. risk to community safety.
February 2002 / 9
8 16
For a description of police and corrections Criminals in the Northwest,” FBI Law Robert Lamoria, Office of the Attorney
partnerships, see National Institute of Justice, Enforcement Bulletin, April 1993, 14-19. General of Washington State, Criminal Justice
11
Police Corrections Partnerships, NCJ 175047 Supra note 10 (Lamoria, 4). For exam- Division, Homicide Investigative Tracking
(Washington, DC, 1999); Joan Petersilia, ple, HITS staff identified a brutal child rapist by System, Statewide FIR Database, October
“Innovative Programs in Community Correc- using physical characteristics and the suspect’s 2000.
17
tions,” in Community Corrections: Probation, vehicle description provided by the two victims. Seattle Police Department and Depart-
Parole, and Intermediate Sanctions, ed. Joan Since 1990, HITS has determined that 39 serial ment of Corrections Neighborhood Corrections
Petersilia (Oxford, NY: Oxford University rapists (3 or more rapes) have been operating in Initiative Draft Policy, August 2000.
18
Press, 1998), 160; and James T. Jordan, Washington State. Analysis of these rape cases Office of the Governor of Washington
“Boston’s Operation Night Light: New Roles, in the HITS program led to the identification, State, Public Information Office, Offender
New Rules,” FBI Law Enforcement Bulletin, location, or conviction of 22 of these rapists. Accountability Act: Requiring Offender
12
August 1998, 1-5. The Bellevue office of the Washington Accountability, 1999.
9 19
Supra note 3, 66. State Department of Corrections gathered these Ibid.
10 20
Information in this section comes from figures. Bill McGarigle “Crime Profilers Gain
13
Robert Lamoria, Office of the Attorney General Ibid. New Weapons: Linkage analysis and geo-
14
of Washington State, Criminal Justice Division, The Aberdeen, Washington, Police graphic profiling systems get criminals where
Homicide Investigative Tracking System, HITS Department gathered these figures. they live,” Government Technology, December
15
Advancement, SMART: Washington’s Answer Seattle Police Department’s Crime Map- 1997; http://www.govttech.net/publications/gt/
to Crime Prevention? October 2000. For ping Research Center concept paper, Utilizing 1997/dec/geoinfo/geoinfo.phtml; accessed
additional background on HITS, see Robert D. “Crime Mapping and Analysis” in Community March 19, 2001.
Keppel and Joseph G. Weis, “HITS: Catching Corrections Knock and Talks, October 1999.
Unusual Weapon
Lighter Knife
D etectives with the Perth Amboy, New
Jersey, Police Department confiscated
this concealed weapon. They advised that
this functional butane lighter also contains
a spring-loaded knife. The lever located on
the side of the lighter releases the blade. The
weapon often is sold in small stores and can
be purchased easily by youths.
Submitted by the Perth Amboy, New Jersey,
Police Department
February 2002 / 11
this CIT as an outline, upon graduation, these key political commitment by the county and the cities to
workers developed a similar training course specifi- develop a comprehensive approach to mental health
cally designed for the needs of Monterey County. crisis situations. Monterey County considered numer-
They concluded that an integrated, countywide ous areas when they developed these agreements.
program would have to serve the various population
centers and account for the distance between all Transportation
agencies in Monterey County. They needed to adapt A contract binds a single ambulance provider to
the San Jose training program to meet the specific and facilitate all 911 ambulance services. The agreement
unique conditions of all jurisdictions in Monterey requires that the ambulance service respond to all
County. Consequently, an oversight committee, mental health crisis calls upon request of the agency.
chaired by the chief’s association designee, was The ambulance can transport the individual to a
created and included the three mental health hospital facility
graduates of the San Jose CIT without the need of a police
Academy. Their task involved escort. In the event of a medical
molding the Memphis/San Jose
CIT model into a germane
product for Monterey County
to incorporate into the training
“ ...addressing the
training issues of first
responders only
emergency, the ambulance
attendants can choose to trans-
port the patient to the nearest
emergency hospital facility.
protocol program that included represents a small
the mental health community. Hospitalization
component of having
The active support of the a better response The two major hospitals in
Monterey County Mental Health the county agreed that one will
capability.
Department remained a keystone accept all juveniles and senior
in the completion of this task.
The committee created a 40-
hour intensive training program ” citizens and the other will accept
all remaining consumers. Unless
otherwise necessary, the hospi-
that included role-playing, interactive participation of tals would not require the assistance of police offic-
people with mental illness (consumers), identification ers. When needed, officers covering the hospital’s
of various symptoms and types of medications used jurisdiction would respond. Since the inception of
by consumers, crisis negotiation tactics, panel discus- this protocol in Monterey County, neither hospital
sions, visits to interim-type housing facilities, suicide has requested police response.
and crisis intervention training, and a review of all
countywide protocols and incident response proce- Medical Psychiatric Response
dures. The team found that having more than 30 In most instances, merely having an officer
students in the class detracts from the interactive trained in how to respond to critical incidents quickly
training experience. The training focuses on the most resolves the problem. However, in cases where a
useful tool available to officers—their communication consumer may hold themselves hostage, threaten only
skills—and culminates with tests and feedback themselves or their property, or when a CIT officer
evaluations. All participating officers sent to the CIT cannot resolve the situation, officers may call upon
academy volunteer to attend. Upon graduation, the a psychiatrist’s services. The committee decided that
officers receive a pin, designating them as CIT a psychiatrist, available 24 hours a day, would prove
certified, that they can wear on their uniforms. essential. Therefore, they developed a mutual aid
agreement with the two prisons in Monterey County
Multiagency Agreements that have staff psychiatrists with experience in dealing
The training administrators created several with people in crisis. In Monterey County, with a
multiagency agreements. The most important being a diverse population of one-half million people, an
February 2002 / 13
overcrowding in jails and divert those individuals interactive working arrangement will give the first-
with mental illness to alternate treatment facilities. arriving officer more tools for achieving a peaceful
resolution to a mental health crisis situation and can
CONCLUSION help law enforcement and mental health officials
In Monterey County, California, three separate bring about a positive change in law enforcement
crisis situations involving individuals with mental response to individuals with mental illness.
illness occurred the weekend after the first graduation
of the critical incident training academy; all were Endnotes
resolved without the use of force. Since then, the 1
Based on information provided by the Monterey County Health
county has noted numerous calls resulting in success- Department.
ful, nonviolent results. In fact, the training helped 2
The Memphis, Tennessee, Police Department established this mental
officers defuse other emotionally stressful situations health emergency response model that couples intense crisis intervention
training for officers with a partnership between law enforcement agencies,
that may not have been related to mental health mental health providers, advocates, and individuals who are mentally ill.
issues, such as domestic disputes. Many law enforcement agencies throughout the country have adopted this
In some instances, having protocols, agreements, model.
mutual aid assistance, or the assistance of a psychia-
trist available still may not resolve a situation peace- Chief Klein heads the Sand City, California, Police Depart-
fully. However, having an extensive training and ment.
The Bulletin’s
E-mail Address
© Mark C. Ide
February 2002 / 15
responded with a variety of an- groups less intimidating. Although Identifying Barriers
swers,2 some of which include the public speakers must accept certain to Communication
fear of— fears, most individuals can over- The basic process of communi-
• making embarrassing mistakes come such fears through practice cation consists of three simple
(81 percent); and commitment and from identify- parts. The first component, the
• damaging their career or ing their own particular weak- sender of the message, can be a
reputation (77 percent); nesses. Certain techniques exist speaker or instructor, a television or
that can help individuals address radio program, or even a movie.
• forgetting material or their public speaking concerns and The last component, the receiver of
“freezing” (63 percent); teach them how to relax. Relaxation the information, consists of the in-
• being dull or boring will help the speaker control any dividuals to whom the material is
(58 percent); nervous mannerisms (e.g., dry presented. The central and most im-
• looking nervous (52 percent); mouth, wrenching hands, crackling portant part of the process, the mes-
voice) that adversely can affect the sage itself, is simply the informa-
• being stared at (45 percent);
way they present themselves. tion that the sender delivers to the
• being unable to answer Knowing and working within their receiver. This seemingly simple
questions (37 percent); limitations and increasing their process easily can get distorted for a
• being unprepared (31 percent); self-confidence constitutes the first variety of reasons. For example, in
• being ignored (24 percent); step in becoming a successful the telephone or grapevine game,
speaker. The process of communi- the first person in line whispers a
• being laughed at (19 percent); cation is an ordinary occurrence
and message one time to the next person
but, through inadvertent means, in line. In turn, that person must
• having someone in the audi- easily can become unclear. Under- relate the message to the next
ence fall asleep (7 percent). standing how the basic communica- person in line. This is repeated until
Experienced public speakers tion process unfolds will prove in- the last person in the group receives
can address nearly all of these valuable in making a successful the message and then relates it
issues and help make speaking to presentation. aloud. In large groups, the last
person’s interpretation of the mes-
sage is invariably different from the
originator’s message. This exercise
demonstrates some of the barriers to
effective communication. Both the
“ ...how speakers
present themselves
to an audience
instructor, or sender, and the audi-
ence, or receiver, can construct such
barriers, with attitudes as the most
equally erected barrier.
If the sender has a preconceived
determines their idea about the audience, it will be
effectiveness as a reflected in the delivery. For ex-
public speaker. ample, if a speaker who usually
gives presentations to corporate ex-
”
ecutives or senior administrators
presents a similar lecture to a group
of high school students, the speaker
Detective Sergeant Tilton serves with the may oversimplify the topic. As a
Nassau County, New York, Police Department.
result, the audience may perceive
this as conceit or egotism on the
“
negative aspects of the presenter stressful conditions.5 Similarly,
and ignore the message. those same nonverbal cues law en-
Additionally, a speaker may Nothing can forcement officers search for while
display a limited vocabulary or poor substitute for conducting interviews can indicate
choice of words. A speaker whose quality preparation. doubt, nervousness, or fear to an
presentation contains acronyms and audience. Trained interrogators can
”
technical language risks losing the recognize certain nonverbal behav-
attention of anyone unfamiliar with iors as indicators of both truth and
their meanings. Using unfamiliar deception. During an interview, if
terms to an audience of trainees Unpreparedness constitutes an- individuals place their hands in
does not imply that the speaker other barrier common to presenters. front of their mouth when answer-
knows more than the audience; Effective speakers must have a ing incriminating questions, inves-
rather, it can create an undesirable solid working knowledge of the tigators often suspect deception. If a
attitude toward the instructor. Indi- topic and must support the presenta- speaker does this when addressing a
viduals often tune out things they do tion with facts and research. Noth- group, the audience may reach the
not understand. Generally, audi- ing can substitute for quality prepa- same conclusion. Psychologists ex-
ence members hesitate to ask ques- ration. Lack of skill and preparation amining human behavior relevant to
tions or admit that they do not un- quickly can destroy a well-con- communication determined that
derstand the meaning of a word or ceived program. Presenters should only 7 percent of any message is
concept. Some individuals refrain consider the individuals who make communicated by words; 38 per-
from raising their hands and asking up their audience, their background, cent is conveyed vocally (e.g, the
for clarification because they feel and their level of likely resistance or tone of voice, inflection, volume, or
that they are interrupting the lecture acceptance. They should research rate of speech); and the remaining
or that their question may make and become familiar with their 55 percent of the message is trans-
them look ignorant or uninformed. topic and learn as much about the mitted by nonvocal means or body
Therefore, rather than asking the audience as possible. In doing so, language.6
speaker to clarify or define a term, the material will become stimulat- Most important, how speakers
these individuals tend to substitute ing and relevant. At the beginning present themselves to an audience
the word or phrase that they do not of the program, speakers should determines their effectiveness as a
understand with one that they do. make clear what the audience will public speaker. They must sell
This can have a profound effect on gain by accepting this material.3 themselves to their audience before
February 2002 / 17
Elements to Consider When Making a Presentation
• Appearance: A neat professional appear- to succeed, the speaker should think positive
ance is mandatory. The audience will make and not say phrases, such as “I’m new at
their first impression solely on the way the this” or “I’m pretty nervous up here.”
speaker looks, even before hearing any • Eye Contact: Confident speakers who
spoken words. The speaker should dress develop proper eye contact will communi-
comfortably in suitable professional attire. cate more efficiently by making each
• Stance/Poise: Speakers should walk and audience member believe the speaker is
stand with their head up and shoulders back speaking directly to them. A speaker visu-
and project a quiet, confident attitude. ally can divide the room into quadrants and
Speakers should try to recognize and avoid locate a few people in each quadrant with
any nervous mannerisms common to first- whom to make eye contact.7 The duration of
time speakers (e.g., keeping hands in the eye contact should last between 3 and 5
pockets, crossing arms, tightly gripping the seconds.
podium) that an audience can discern as • Voice/Inflection: If rooms are large and the
nervousness. speakers’ voices are naturally low, they
• Gestures: Because most people use their should consider using an amplifier. Speakers
hands and arms when engaged in a con- should modulate the tone of their voice,
versation, a speaker should ensure these change the pitch, and vary the pace of their
gestures are spontaneous and natural and speech.
never allow them to overcome the presenta- • Vocabulary: Speakers always should ensure
tion. Repeating the same gesture too often correct pronunciations and definitions of
or using gestures, such as finger-pointing or difficult words and use proper grammar
handling a pen, pointer, or other object, also and language as simple as possible so their
can prove distracting. Practicing a presenta- presentation remains easy to comprehend
tion in front of a mirror can help a speaker by all levels of the audience.
observe and identify any distracting
• Enthusiasm: By choosing a topic of interest
gestures.
to them, speakers easily can get excited
• Facial Expressions: Speakers’ facial about what they will share with their audi-
expressions should convey their personality ence, which will allow them to concentrate
along with warmth and sincerity toward the on their message and convey the information
topic. If a speaker looks interested and as valid and important. Additionally, a
friendly, the audience will reciprocate. speaker’s enthusiasm will carry over to
Because most audiences want the speaker the audience.
attempting to relay a message. The negative first impression only will Conclusion
first few minutes of any program, make the speaker’s job more Speaking in public for the first
when the audience makes its initial difficult. A variety of factors can time does not have to be a frighten-
impression of the speaker, remain influence the way an audience ing experience. Through practice
vital to a successful speech. A receives a program and speakers and preparation, first-time speakers
positive impression will make the must use each one in varying can succeed and feel an outstand-
audience more receptive to the degrees to build a successful ing sense of accomplishment.
speaker’s message. In contrast, a presentation. They should consider an effective
Crime Data
A c
ccording to the U.S. Department of Justice’s
Bureau of Justice Statistics (BJS) and the
Centers for Disease Control and Prevention
a knife or other sharp object, such as scissors, an
ice pick, or an ax, or a blunt object, such as a rock
or club (44 percent), rather than a firearm (14
(CDC), each year, about one in four U.S. residents percent).
who are victims of a violent crime are injured Victims of violence were more likely to report
during the attack. About 2.6 million people each being injured when the offender was an intimate
year were injured from nonlethal violence (rape, partner (48 percent injured) or a family member
sexual assault, robbery, simple and aggravated (32 percent injured) than when the offender was a
assault) from 1992 through 1998. About 480,000 stranger (20 percent injured).
of the victims injured, or about one in five, were During the 7-year period studied, one in four
admitted to a hospital or treated in an emergency attacks resulting in severe injuries and almost half
department. of the attacks resulting in minor injuries were not
In addition, during the same time period, an reported to law enforcement agencies.
average of 21,000 people were murdered each Written by behavioral scientists Thomas
year. For every homicide victim 12 years or older, Simon and James Mercy in the CDC’s National
approximately 121 people were injured in a violent Center for Injury Prevention and Control and by
crime, including 16 people whose injuries were BJS statistician Craig Perkins, the special report,
serious. An estimated 344,000 victims incurred “Injuries from Violent Crime, 1992-1998” (NCJ
severe injuries, such as gunshot or knife wounds, 168633), may be obtained from the BJS clearing-
broken bones, loss of teeth, or internal bleeding. house at 1-800-732-3277 or from their Web site at
Fifty-eight percent of severely injured victims http://www.ojp.usdoj.gov/bjs.
reported that the offenders had a weapon, usually
February 2002 / 19
Book Reviews
Policing Mass Transit by Kurt R. Nelson, the Washington, D.C., Transit System Crime
Charles C. Thomas, Publisher, Springfield, Statistics Report for 1996 and 1997, which showed
Illinois, 1999. that fixed locations accounted for 50 and 45 percent
Policing Mass Transit reveals that this of Part I and II crimes, respectively. The book con-
enforcement effort has become more critical now tains reviews of other area transit systems as well.
than ever before and must accommodate large Part three of the book addresses the strategy
and small public transportation policy objectives. for preincident planning, training, system con-
Public, transit employee, and police officer safety siderations, and types of responses and prevention
and security represent an absolute necessity for measures. It also covers internal employee theft
transit systems. It is essential that transit vehicles, and crime, youth gangs and the identification of
roadways, and railways, as well as stations and the types and threat levels, triggers to violence, and
parking lots, be constructed to discourage crimi- work-site violence that spills over into domestic
nals and to add to the capability of crime preven- situations that impact transit safety and security.
tion and response enforcement. Members of the The author argues the point that there are special
law enforcement profession and the community and unique facets of transit policing that require
in general must work together on the total pro- law enforcement specialization or generalization
cess, from planning to implementation. enforcement to successfully meet the needed public
In Policing Mass Transit, the author address- and employee protection concerns and objectives.
es strategic transit concepts, goals, and objectives Great advantages of the book include the eight
inherent in policing transit modes and examines appendices. They range from an example of a
the tactical considerations and approaches. The transit security survey and a listing of various
book is designed in three parts. Part one address- transit/travel laws in major districts to a recent
es the strategic focus on orienting the community, system security plan and program supported by
measuring and communicating success, planning a budget program identifying direct and indirect
for security, developing a transit security plan security costs. The appendices also contain an
and impact statement, managing the plan once example of operating/customer profiles, an identifi-
implemented, and using the strategy of incident cation of management concerns of the implemented
review committees on surfacing issues. security plan, a listing of security roles and respon-
The book’s second part emphasizes transit sibilities, and a threat and vulnerability identifica-
physical aspects related to crime prevention tion with assessments and potential resolution.
through environmental design and the tactical Policing Mass Transit is an asset to communi-
ramifications when law enforcement officers ties and local governments; transit planners; port,
approach buses and trains, including their mobil- rail, and bus authorities; police policy/procedures
ity, which can impact the safety and security of developers; and training designers. It proves
officers, transit employees, and the public. This essential reading for trainers, transit construction
part also assesses using plainclothes and under- and subcontractor vendors, and specific members
cover officers, as well as technology employment of the criminal justice system who may have a
concerning “pan-tilt-zoom” cameras and their direct or indirect interest in policing transit modes
effectiveness, to detect and identify criminals. and bringing criminals to justice.
Further, the author reviews for the reader the
Dallas area rapid transit concept of assigning Reviewed by
sworn uniform officers to light rail vehicles and Larry R. Moore
provides highlights of the New Jersey Transit Certified Protection Professional
Police 1996 Annual Report involving transit American Society for Industrial Security
robberies and assaults. The author also analyzes Knoxville, Tennessee
February 2002 / 21
Bulletin Reports
T his article addresses the is- What is Probable Cause? cause offers a range of proofs that
sue of when sufficient evi- Probable cause is a somewhat occupies a zone.1 This zone allows
dence exists to establish nebulous standard, yet officers are for a flexible standard for probable
probable cause to search the resi- called on to apply that standard with cause, which depends on the cir-
dence of a person who has been some exactness each day. Many cumstances.2 Generally, the more
arrested for, or is involved in, crimi- have tried to apply “a one size fits serious the crime, the more latitude
nal activity. all” standard of probable cause to the police are allowed when decid-
To search a residence for evi- every situation, because they be- ing whether probable cause exists.3
dence of a crime, an officer must lieve that probable cause is one con- No exposition of probable
have probable cause to believe that sistent standard of proof that occu- cause would be complete without a
the evidence is inside the home. pies a fixed point. In fact, probable discussion of Illinois v. Gates.4 In
February 2002 / 23
Gates, the Bloomingdale Police De- from DEA for surveillance of the executed the search warrant and
partment received an anonymous May 5 flight. The DEA agents ob- found 350 pounds of marijuana in
handwritten letter through the mail served Lance Gates boarding the the car and more marijuana, weap-
on May 3, 1978. The letter alleged flight, and other agents in Florida ons, and other contraband in the
that Sue and Lance Gates were observed Gates arriving in West home.
involved in drug trafficking. The Palm Beach. The Florida agents ob- The trial court ordered that the
letter gave a general description of served Gates take a taxi to a nearby evidence be suppressed because
the condominium complex where motel and go to a room registered to the affidavit failed to establish
the Gateses lived and stated that Susan Gates. Early the next morn- probable cause that the car and
the Gateses presently had over ing, the agents observed Gates and home contained the contraband in
$100,000 worth of drugs in their an unidentified woman, apparently question. The decision of the trial
basement. The anonymous tipster Susan Gates, leave the motel in an court was affirmed by both the state
stated that Sue Gates ordinarily automobile bearing Illinois license appellate court and the Illinois Su-
drove her car to Florida, where she plates registered to another vehicle preme Court. The Illinois Supreme
would leave it to be loaded with owned by Gates. Gates drove north- Court applied the Aguilar-Spinelli
drugs. Lance would fly down later bound on an interstate highway fre- two-prong test,5 and stated that the
and drive the car back to Illinois, quently used to travel to the Chi- affidavit did not establish probable
and Sue would fly back to Illinois. cago area. cause because there was no indica-
The letter indicated that they Based on what the detective tion of the informant’s basis of
planned to make a trip to pick up learned from the anonymous tip and knowledge, and there was no way
over $100,000 worth of drugs on the DEA surveillance, he obtained a for the officer to verify the credibil-
May 3. search warrant for the Gateses’ resi- ity of the anonymous tipster. The
A police detective assigned to dence and automobile. Thirty-six court stated that while the officer
the case determined that Lance hours after Lance Gates flew out of was able to corroborate some of the
Gates made a reservation on a flight Chicago, Lance and his wife re- details of the tipster’s facts, they
to West Palm Beach, Florida, turned to their home in the suburban were only innocent details and,
scheduled to depart from Chicago Chicago area. When the Gateses therefore, insufficient corrobora-
on May 5 at 4:15 p.m. The detective arrived at their home, the police tion. The court further stated that
made arrangements with agents were waiting for them. The police the letter gave no indication of the
basis of the writer’s knowledge of
the drug activities of the Gateses.
The court felt that the detail in the
“
letter was insufficient to infer that
the tipster had personal knowledge
To search a of the Gateses’ activity.
residence for The U.S. Supreme Court re-
evidence of a crime, versed the Illinois Supreme Court.
an officer must It ruled that probable cause is a
practical, nontechnical concept,
have probable and that it should not be weighed
cause to believe in terms of library analysis by
that the evidence scholars using tests, such as the
is inside the home. Aguilar-Spinelli two-prong test.
Rather, the Court stated that the
“
ing to Florida, which is not only a was convicted of murder, and he
vacation spot but also a well-known appealed. The U.S. Court of Ap-
source state for illegal drugs. Lance peals for the Fourth Circuit found
Gates’ flight to West Palm Beach Under the right that the warrant to search the
and his immediate return to Chi- circumstances, officers defendant’s residence was not fa-
cago in the family vehicle that his may be able to obtain cially defective, even though the af-
wife had previously driven to a search warrant fidavit contained no facts expressly
Florida is not the sort of activity for a residence of stating that the gun and silencer
one would engage in if on vacation. were in the defendant’s residence.9
Rather, such conduct is suggestive someone...who is In State v. Ward,10 the police
of a prearranged drug run. In addi- closely associated obtained a search warrant to search
tion, once some of the major details with the defendant. the home of Lance Ward. The affi-
in the anonymous letter were cor- davit stated that Darrell Vance had
”
roborated, it was then reasonable to been arrested for possession of ap-
conclude that the tipster was accu- proximately 3 kilograms of mari-
rate in his assertion that the Gateses juana and $11,000 in cash. Vance
were involved in drug trafficking. solely on the fact that drugs were revealed that his supplier was Lance
Finally, the court thought it was sig- found in their car? Defendants ar- Ward, who lived on Royce Road.
nificant that the anonymous letter rested under such circumstances of- The police also had information
contained details regarding future ten will claim that there were insuf- that Ward was a drug dealer. During
actions of the Gateses; such unusual ficient facts to establish probable the search of Ward’s residence, the
future conduct is not something that cause that drugs or drug records will police recovered 180.9 grams of co-
is easily predicted in the absence of be found in their residences. For caine, 2,578 grams of marijuana,
personal knowledge. The accurate example, in Williams v. United and other drug paraphernalia. Ward
prediction regarding the future con- States,6 the defendant was stopped filed a motion to suppress, alleging,
duct of each of the Gateses likely for a traffic vio-lation. Based on among other things, a lack of prob-
was obtained directly from one of suspected drug residue found in his able cause to search his residence.
the Gateses or from someone they car and information regarding prior The district court denied Ward’s
trusted who was familiar with their drug offenses, officers had probable motion, and he appealed that deci-
unusual travel plans. cause to believe he was a drug sion to the court of appeals. The
February 2002 / 25
court of appeals reversed the deci- that there was substantial basis to packaged, and none of the packag-
sion of the district court, and the find probable cause to believe that ing material or measuring devices
government appealed that decision illegal drugs would be found at are found on or near the suspect at
to the Wisconsin Supreme Court. Ward’s home. The Ward court did the time of his arrest. Under those
Ward contended that the affidavit not believe that the totality of the circumstances, it would be reason-
was inadequate because the detec- circumstances test requires formal- able to infer that packaging materi-
tive did not establish a link between istic express statements that drug als, scales, and other evidence of
the drug evidence and Ward’s dealers often keep drugs in their drug trafficking would be found at
home. Ward stated that an inference homes. The court pointed out that the arrestee’s residence.11
drawn from the detective’s training the test is not whether the inference
and experience that drug traffickers drawn is the only inference, but, Inferring Probable Cause to
often keep drug evidence in their rather, whether the inference drawn Search a Third Party’s Home
homes would have been legally ad- is a reasonable one. The inference Under the right circumstances,
equate, but the detective did not that drugs would be found at officers may be able to obtain a
even do that. Instead, the magistrate Ward’s home is not the only infer- search warrant for a residence of
himself drew that inference, based ence that could be drawn from the someone, such as a girlfriend, who
upon his 8 years of personal experi- is closely associated with the defen-
dant. In United States v. Suarez,12
“
ence in handling drug cases. The
magistrate opined that there was a the police obtained a search warrant
high probability that evidence of based upon an affidavit indicating
drug trafficking would be found in ...most courts accept that Luis Suarez was a drug smug-
the residence of a drug dealer. an affiant’s explanation gler; that calls were made to the
The Wisconsin Supreme Court to the court that, Suarez’s pager, which led to the ar-
stated that the subjective experi- based on his training rest of an associate and the seizure
ences of the magistrate should not and experience, drug of a large quantity of marijuana;
be part of the probable cause deter- dealers often keep that neither Suarez nor his girl-
mination. However, the court fur- friend, on whom he was spending
ther stated that a magistrate may drugs or drug records large amounts of money, had any
make the usual inferences that rea- in their homes. legitimate source of income; and
”
sonable persons would draw from that Suarez traveled to his
the facts presented. Having said girlfriend’s residence upon his ar-
that, the Supreme Court ruled that rival in the city. Upon executing
the facts recited in the affidavit facts in the affidavit, but it is cer- the search warrant at Suarez’s
were sufficient for a reasonable per- tainly a reasonable inference. In girlfriend’s residence, the police
son to logically infer that evidence fact, the court pointed out that even seized approximately $100,000 in
would be found at Ward’s home, if there were two or three possible cash and a small amount of mari-
without having to resort to any spe- locations, there would still be prob- juana. The defendant and his girl-
cial personal experience. able cause to search each of them, friend were both indicted and con-
The court reasoned that Vance which suggests that probable cause victed for conspiracy to possess
was a substantial drug dealer based is a standard with a probability of with intent to distribute marijuana.
on the fact that approximately 3 ki- less than 50 percent. They appealed the district court’s
lograms of marijuana and over The inference that drugs, refusal to suppress the evidence
$11,000 in cash were seized from scales, and packaging are in a drug found in Suarez’s girlfriend’s
his home. Because Ward was a sup- offense arrestee’s residence is par- home. The U.S. Court of Appeals
plier of drugs to Vance, he would be ticularly strong when the arrestee is for the Fourth Circuit ruled that
an even bigger fish, which would found in possession of drugs that there were sufficient facts in the af-
lead to the reasonable conclusion appear to be evenly weighed and fidavit to establish probable cause
February 2002 / 27
drugs, it is common for there Nonetheless, the court ruled that It is important to note that the
to be evidence of their drug there was probable cause to believe objects of the search in Feliz were
trafficking activities, such as drug records would be there. drug records. When a search war-
drug records, telephone It could reasonably be sup- rant is based on probable cause for
numbers of suppliers and posed that a regular trafficker the presence of drug records, the
customers, drug-trafficking like Feliz possessed documents staleness of the information is not
paraphernalia, drug proceeds showing the names and tele- nearly as important as it would be
and/or evidence of transfer, phone numbers of customers if the search was for drugs. When
expenditures or investment and suppliers as well as the object of the search is drug
of drug proceeds kept at the accounts showing the moneys records, the most recent drug traf-
trafficker’s residence.22 paid and collected. It was also ficking or money laundering activi-
The Feliz court summarized the reasonable to suppose that he ties alleged in the search warrant
remainder of the search warrant kept the money he collected could be several months prior to the
affidavit. and used in his business in issuance of the search warrant. That
some safe yet accessible place. is because drug records are com-
Finally, with regard to sums monly maintained and preserved.
of money in the possession of The affidavit indicated that
Feliz resided in apartment The very nature of drug records
drug traffickers, Agent Dumas suggests that they will be in exist-
stated that in his experience #1006 at 401 Cumberland
Avenue, Portland. No other ence long after the drugs them-
it was common for those selves are gone.25 For example, in
involved in the illegal traffick- residence or drug-dealing
United States v. Reyes,26 the court
ing/furnishing of scheduled ruled that information in a search
drugs to possess and keep with
“
warrant affidavit was not stale
them, near them, and/or at where, in an ongoing drug con-
their residences, sums of spiracy, 5 months elapsed between
money...either as a result of Judges and
the last illegal drug transaction and
scheduled drug sales or for the magistrates should the authorization of the search war-
purpose of purchasing sched- be told in the rant for drug records in the
uled drugs or facilitating affidavit what is the defendant’s residence.27 The Feliz
scheduled drug sales with common practice and Reyes decisions involved
others. Because such moneys
are not usually safely disposed of drug dealers. longstanding drug operations. The
longer the illegal drug activity has
”
of legitimately (e.g., deposited been in progress and the broader its
in a bank or declared as tax- scope, the longer courts will allow
able income), it is common for between the last drug transaction
those who traffic or furnish headquarters of his was and the search for drug records.28
illegal scheduled drugs to keep identified in the affidavit. In United States v. Terry,29 an
these sums on their person or It followed that a likely place officer stopped Terry 40 miles from
near them, in a safe location, to seek to find incriminating his home. Terry was arrested after
frequently in their residences, items would be Feliz’s resi- the officer discovered that the car
and/or at/near their residences, dence. If he did not maintain Terry was driving contained meth-
and/or near the same location his accounts and records, and amphetamine, P-2-P (a precursor
where they keep their drugs the presumably large sums of chemical for the manufacture of
or maintain drug operations.23 money received in the course methamphetamine), and $10,000
In Feliz, there was no direct evi- of his dealings, at his apart- cash. Eight days after Terry’s arrest,
dence indicating that the suspect ment, where else would he a federal agent obtained a search
had drug records at his residence. keep them?24 warrant to search Terry’s home.
February 2002 / 29
to be searched. To avoid having a and why they believe that evidence their criminal activities in their
court make a finding like that, an will be there. It should be noted, homes that it is not necessary for
officer should specifically set forth however, that not all courts are re- affiants to even mention that fact in
in his affidavit those facts which in ceptive to such inferential probable their affidavits when obtaining a
the officer’s training and experi- cause. Some courts do not accept search warrant for a criminal’s resi-
ence lead him to conclude that fur- inferences drawn from training and dence. Other courts are not so ready
ther evidence will be found in the experience as being sufficient to to accept that evidence of criminal
suspect’s home. During the sup- establish probable cause, even conduct will be found in a
pression hearing in Yancey, another though an officer, through such an criminal’s home without some fac-
officer testified that marijuana inference, establishes a seemingly tual link to the home. Many of those
plants typically are started in a clear link between the evidence of courts, however, will allow the link
house or shed in small containers to be established by inferences
and then transferred to the woods drawn from the affiant’s training
“
until harvesting. The officer testi- and experience. A minority of
fied that police usually find potting courts have ruled that such infer-
soil, grow lights, fertilizers, and ences are insufficient to establish a
other items used to grow marijuana
The longer the illegal link between the crime and the
in the sheds and houses. He testified drug activity has criminal’s home. Because of the
that after the marijuana is har- been in progress and differing approaches taken by
vested, dried leaves and buds usu- the broader its scope, courts throughout the country, of-
ally are found in the residences or the longer courts will ficers should consult with their
sheds because they are used for pro- allow between the local legal advisors and frame
cessing the marijuana. In the their affidavits to comply with the
Yancey case, the police were not
last drug transaction legal requirements of their local
aware of any place other than and the search for jurisdiction.
Yancey’s and Cloud’s homes where drug records.
the marijuana could be processed. Endnotes
”
Unfortunately, this information was 1
Llaguno v. Mingey, 763 F.2d 1560 (7th
not contained in the affidavit. As a Cir. 1985) (en banc), abrogated in part on other
grounds by County of Riverside v. McLaughlin,
consequence, the court could not 500 U.S. 44 (1991). In Llaguno, the full bench
consider that information in deter- the crime and the home.32 For ex- of the U.S. Court of Appeals for the Seventh
mining whether there was a connec- ample, in State v. Thein,33 the Su- Circuit ruled that a police determination of
tion between Yancey’s and Cloud’s probable cause in an emergency is dependent,
preme Court of the State of Wash- to a great extent, on the seriousness of the crime
homes and the marijuana. ington decided that an officer’s committed. In Llaguno, two suspects committed
belief, based upon his training and, two robberies, killed four people, and wounded
Requiring a Direct experience that persons who culti- three others, including one police officer. The
Link to the Home vate marijuana often keep records police shot and captured one of the suspects
after the getaway car crashed. The other suspect
Officers should not leave the and material related to the cultiva- fled on foot. The officers decided to go to the
deduction as to whether evidence tion in their homes, was not suffi- address on the car registration. The court had to
could be found in a suspect’s home cient to establish probable cause to decide, among other things, whether the police
had probable cause to believe the suspect was at
up in the air for a judge to miss, no search a suspected drug cultivator’s the location to be searched. The Llaguno court
matter how obvious that deduction residence.34 stated that the seriousness of the offense is an
seems. Officers should put in the important consideration when determining if
affidavit the types of evidence that, Conclusion there is probable cause. The court stated that
Some courts have concluded probable cause is not a fixed point, but, rather,
in the officers’ training and experi- occupies a zone somewhere between bare
ence, they reasonably believe will that it is so obvious that criminals suspicion and virtual certainty. The more
be found in the defendant’s home keep the fruits and implements of serious the crime, the more latitude the police
February 2002 / 31
Other officers had told him of such cases. Even (en banc) (two years between the most recent given as simply “Steve,” was the supplier of
if it were not generally known that a balloon is a drug trafficking and money laundering activi- marijuana to Laurence McKone. The police had
common container for carrying illegal narcotics, ties committed during a 30-year conspiracy and earlier seized over a one-half pound of
we have recognized that a law enforcement the ensuing records searches was not too long). marijuana from McKone’s residence; they also
29
officer may rely on his training and experience 911 F.2d 272 (9th Cir. 1990). seized from the basement 5 pounds of
30
to draw inferences and make deductions that See also United States v. Angulo-Lopez, marijuana “shake,” which is material pruned
might well elude an untrained person.” Id. at 791 F.2d 1394, 1399 (9th Cir. 1986). from cultivated marijuana plants. One
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746 (citing United States v. Cortez, 449 U.S. ___S.W.3d ___, 2001 WL 549513 (Ark. informant indicated that the basement was
411, 418 (1981)). 2001). exclusively controlled by Mckone’s landlord,
18 32
955 F.2d 270 (5th Cir. 1992). See, e.g., State v. Silvestri, 618 A.2d 821 “Steve.” The police were ultimately able to
19
Id. at 277. (N.H. 1992). In Sylvestri, the court rejected a identify “Steve” as Stephen Thein. The police
20
See e.g., United States v. Emmons, 24 link to the defendant’s residence that was based prepared an affidavit for a search warrant for
F.3d 1210, 1215-16 (10th Cir. 1994). on the affiant’s experience that it was common Thein’s residence. The affidavit contained
21
182 F.3d 82 (1st Cir. 1999). to find illegal drug contraband and other generalized statements of belief regarding the
22
Id. at 85. evidence in the homes of drug traffickers. The common habits of drug dealers. The affidavit
23
Id. court determined that “while the affidavit may stated, in pertinent part, the following: “Based
24
Id. at 88 (footnote omitted, citation have established probable cause to arrest the on my experience and training, as well as the
omitted). See also United States v. Angulo- defendant for selling marijuana, it did not corporate knowledge and experience of other
Lopez, 791 F.2d 1394, 1399 (9th Cir.1986) establish probable cause to search his law enforcement officers, I am aware that it is
(“[i]n the case of drug dealers, evidence is residence.” Id. at 823. Despite the inference generally a common practice for drug
likely to be found where the dealers live”); drawn by the affiant from his experience, the traffickers to store at least a portion of the drug
United States v. Reyes, 798 F.2d 380 (10th court found that “[i]n the affidavit before us inventory and drug related paraphernalia in
Cir. 1986) (“It is reasonable to assume that there was nothing to indicate that evidence of their common residences. It is generally a
certain types of evidence would be kept at a the crime was kept at, or picked up from, the common practice for drug traffickers to
defendant’s residence and an affidavit need not defendants’s residence other than the mere fact maintain in their residences records relating to
contain personal observations that a defendant that the defendant was suspected of being a drug trafficking activities including records
did keep such evidence at his residence.”). criminal.” Id. at 824. The court further stated: maintained on personal computers.” 977 P.2d
25
C.f. Andresen v. Maryland, 427 U.S. 463, “The State urges us to adopt a per se rule that if at 584. The court ruled that probable cause only
478 (1976) (three months between the the magistrate determines that a person is a exists if the affidavit sets forth facts sufficient
completion of the fraudulent misappropriation drug dealer, then a finding of probable cause to establish a reasonable inference that the
by a fiduciary and the ensuing records searches to search that person’s residence automatically defendant is probably involved in criminal
was not too long). “‘[T]he vitality of probable follows. The State contends that the issuing activity, and the evidence of that criminal
cause cannot be quantified by simply counting magistrate can find that the fact that a person is activity can be found in his home. The court
the number of days between the occurrence of an active drug dealer creates a fair probability stated that probable cause requires a nexus
the facts supplied and the issuance of the that controlled drugs or other indicia of drug between the criminal activity and the items to
affidavit.’ United States v. Johnson, 461 F.2d dealing could be found in the drug dealer’s be seized and, in addition, a nexus between the
285, 287 (10th Cir.1972). Rather, we must look residence. We do not accept the State’s items to be seized and the place searched. The
to all the facts and circumstances of the case, invitation and note that we have consistently Thein court ruled that an officer’s belief that
including the nature of the unlawful activity required some nexus between the defendant’s persons who cultivate marijuana often keep
alleged, the length of the activity, and the residence and drug-dealing activities in order drug records and material in their house is not
nature of the property to be seized.” United to establish probable cause to search the a sufficient basis for probable cause to search
States v. McCall, 740 F.2d 1331, 1335-36 (4th residence.” Id. at 824. The New Hampshire the home of the drug cultivator. The court
Cir. 1984). Supreme Court decided Silvestri exclusively on stated that for there to be an inference that the
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798 F.2d 380 (10th Cir. 1986). state constitutional grounds. 618 A.2d at 822. suspect is in possession of illegal drugs at his
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The search warrant affidavit in Reyes See also United States v. Gomez, 652 F. Supp. home there must be specific facts that point to
mentioned that it was the practice of some of 461, 463 (E.D.N.Y. 1987) (a court can consider his possession, such as observations of activity
the members of the drug conspiracy to maintain an officer’s expert opinion that drug traffickers at the house that are indicative of criminal
records of their associates, but there were no often keep records in their residences, but that conduct. The court felt that generalized
personal observations of specific facts that alone will not be enough to establish a nexus statements regarding the common habits of
indicated the defendant’s residence was used between the illegal trafficking and the residence drug traffickers are insufficient to establish a
for the illegal drug trade or that the defendant to establish probable cause for a search); United link between the drug activity and a drug
kept drug records there. The court stated that States v. Schultz, 14 F.3d 1093, 1097 (6th Cir. trafficker’s home.
such personal observation is not necessary and 1994) (“While officer ‘training and experience’ Law enforcement officers of other than
that it is reasonable to infer that drug dealers may be considered in establishing probable federal jurisdiction who are interested in
often keep such records in their homes. 798 cause...it cannot substitute for a lack of this article should consult their legal
F.2d at 392. evidentiary nexus.”). advisors. Some police procedures ruled
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See, e.g., United States v. Rhynes, 196 33
977 P.2d 582 (Wash. 1999) (en banc). permissible under federal constitutional law
F.3d 207 (4th Cir. 1999), vacated in part on 34
In Thein, the police had information from are of questionable legality under state law
other grounds, 218 F.3d 310 (4th Cir. 2000) two sources that the landlord, whose name was or are not permitted at all.
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