Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Volume 69
Number 1
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, program,
or service. Training for Terrorism All levels of government worked
The Attorney General has
determined that the publication
By Gary J. Rohen 1 together to manage a terrorist attack in
exercise “Baseline.”
of this periodical is necessary in
the transaction of the public
business required by law. Use of
funds for printing this periodical Reducing Violent Bank Law enforcement agencies and financial
has been approved by the
Director of the Office of
Management and Budget.
Robberies in Los Angeles 13 institutions in Los Angeles significantly
reduced bank robberies in Southern
By William J. Rehder
California.
The FBI Law Enforcement
Bulletin (ISSN-0014-5688) is British Policing and British police forces face the difficulties
published monthly by the
Federal Bureau of Investigation,
935 Pennsylvania Avenue,
the Ottawa Shift System 19 of matching the demand for police
services with the supply of police
N.W., Washington, D.C. By Mike Simpson resources.
20535-0001. Periodical postage and Suzanne Richbell
paid at Washington, D.C., and
additional mailing offices.
Postmaster: Send address
changes to Editor, FBI Law Drug Detection Dogs Drug detection dogs have proven to be
Enforcement Bulletin, FBI
Academy, Madison Building, By Michael J. Bulzomi 27 an invaluable asset to law enforcement
officers determining probable cause for
Room 209, Quantico, VA 22135.
contraband searches.
Editor
John E. Ott
Managing Editor Departments
Kim Waggoner
Associate Editors
Glen Bartolomei 8 Perspective 26 Snap Shots
Cynthia L. Lewis
Bunny S. Morris
Planning for the Future Police Officer Mannequin
Art Director
Brian K. Parnell 18 Book Review
Assistant Art Director Gang Intelligence Manual
Denise B. Smith
Staff Assistant
Linda W. Szumilo
Internet Address
leb@fbiacademy.edu
Cover photo
© Don Ennis
January 2000 / 1
“ For training
to provide
significant
• the establishment of an
Incident Command System
(ICS) by local and state
agencies, set up soon after
the incident occurs;
value, realism • the FBI’s crisis management
must play a response; and
central role. • FEMA’s consequence man-
agement infrastructure.
Overlap occurs during all three
”
phases across almost all agencies.
Formerly the Assistant Special Agent in Charge of the FBI’s New Haven Proper JOC site selection must in-
Field Office, Special Agent Rohen currently serves in the National volve all administration levels,
Security Division, FBI Headquarters, Washington, DC. from local agencies to the executive
branch of the federal government.
THE SCENARIO
U.S. Department of Defense with for all participating agencies; and For training to provide signifi-
providing training and equipment to coordinate all crisis resolution and cant value, realism must play a
civilian first responders, such as subsequent consequence manage- central role. The planning and
emergency medical technicians, ment operations. preparation phase took place over
firefighters, police officers, and an 18-month period and included
emergency management person- ESTABLISHING multiagency crisis management
nel;3 and 3) delegating to the Fed- THE BASELINE training. This training involved les-
eral Emergency Management In June 1996, the FBI’s New sons the FBI learned from actual
Agency (FEMA)4 the development Haven Field Office conducted an WMD incidents. To foster the inter-
of a federal response plan that ad- assessment survey that identified est of all participants, each partici-
dresses both crisis management and the U.S. Navy Submarine Base at pating agency had potential emer-
the subsequent transition to conse- New London as a high-value gency management responsibilities
quence management. facility vulnerable to terrorist ac- for the area and provided input to
Yet, for all the legislation, tion. In addition, the New London develop the scenario, as well as its
funding, and memorandums of un- area serves as home to the company goals and objectives, to ensure
derstanding, nothing provides a that builds and fits many of the applicability for their respective
more effective preparation than an nation’s nuclear submarines. Be- agency functions. Agencies from
actual hands-on exercise. One such cause of the FBI’s lead role in ter- the state of Connecticut, the federal
exercise, “Baseline,” involved the rorist incidents, a senior-level FBI government, and the military, as
FBI’s New Haven, Connecticut, agent served as the on-scene com- well as local police and fire ser-
Field Office, and the U.S. Naval mander. He coordinated with the vices, provided participants. The
Submarine Base at New London, base commander, who played an in- exercise intended to facilitate a
Connecticut. It became the first test tegral role in the JOC command positive interaction among all agen-
of the FBI WMD Joint Operations group and participated in all critical cies and to familiarize other agen-
Center (JOC) model,5 which seeks decisions during the exercise. A cies with the FBI’s crisis manage-
to integrate interagency emergency JOC should accommodate the in- ment model.
management functions; provide a frastructure for all three phases To reinforce basic crisis man-
command, control, communica- of WMD operational management, agement principles and to foster im-
tions, and intelligence architecture including— proved liaison during an actual
“
eventually resolved the threatened
release of a chemical/biological ids leaked from the tank cars. The
agent. explosive charge that caused the de-
The working group based the WMD threats railment also spread an incendiary
design philosophy of the scenario to the mixture, which enhanced the air-
on reality. As part of the exercise borne dissemination of toxic mate-
United States rials, further complicating the
plan, the group selected the biologi-
cal agent based on what an average do exist. HazMat response. This derailment
”
person could reasonably exploit initiated a first response by local
with minimal training, public- police and fire units and their estab-
source information, such as the lishment of a local ICS to deal with
Internet, and readily obtainable in- Drawing upon composite pro- the HazMat and train derailment
gredients. At the same time, the sce- files of likely domestic terrorists, situation. First, the local police and
nario did not employ often-used the group developed characters of fire departments implemented the
biological agents, which have well- four disgruntled Vietnam War vet- local ICS to determine the extent of
documented characteristics and erans. The characters possessed a injuries or fatalities and to assess
may have generated predictable, military background in special the effects of the explosion. The
textbook solutions. Instead, the operations or health service and FBI’s exercise objective was to test
group selected rabies as the biologi- supposedly had met and formed the integration of an ongoing ICS
cal threat agent. Potential terrorists friendships at veterans events and with the FBI JOC. To ensure real-
could produce distributable vol- shared their views on the failure of ism, the participants walked the ac-
umes of the virus without sophisti- the government to acknowledge and tual railhead in the planning phase
cated lab equipment by trapping provide medical care for veterans and used public access information
January 2000 / 3
to identify the contents of scheduled lack the required on-scene infra- exercise, the chief exercise control-
trains. By knowing the train’s structure to rapidly establish an op- ler displayed the sequence of events
schedule and its contents, the terror- erating command post. Accord- on an overhead projector as they
ists determined the most conducive ingly, the planning group requested occurred. The FBI and the state
time to execute their plan. that the National Guard provide OEM developed possible actions,
The second event occurred at critical communications and logis- investigative leads, and responses
noon, approximately 30 minutes af- tical support. The group housed the for crisis and consequence manage-
ter the train derailment. The actors crisis and consequence manage- ment. An internal telephone system
seized a fast-food restaurant and ment team under one roof. The established by the National Guard
held the occupants hostage. After planners established emergency connected exercise controllers in
moving the hostages to the roof of operation centers for the state’s separate rooms to crisis and conse-
the building due to the need to dis- Office of Emergency Management quence management components.
perse the biological agent in the air, (OEM), FEMA, the submarine These controllers injected descrip-
they demanded that the president or base, local cities and towns, and tive items at the appropriate times
the secretary of defense admit to state police, as well as major indus- during the incident while radio traf-
both deliberately contaminating the tries in the area. The group placed fic and couriers provided written di-
environment and endangering the rections to supplement internal tele-
health of the military forces and sur- phone traffic. For example, the
“
rounding communities. The adver- controllers could increase the mo-
saries prepared to disseminate ap- mentum of the exercise to stimulate
proximately 3.5 gallons of the ...the controllers interaction or discussion by calling
rabies if the president or secretary could increase the JOC and advising that a local
failed to make such an admission. the momentum militia group, out of sympathy for
The crisis response plan included the hostage takers, was coming
activating the JOC (the FBI re- of the exercise to the base to help them in their
sponded to the crisis in less than 1 to stimulate mission.
hour). Extensive negotiation par- interaction or All exercise participants and
tially achieved crisis resolution discussion.... observers received identification
when the hostage takers released
”
badges and briefing books prior to
some of the hostages. However, the the exercise. The local police de-
detonation of the biological agent partment provided security for the
appeared imminent when the sub- the crisis and consequence manage- exercise area. In order to optimize
jects became irrational with the ne- ment operations together to facili- the learning experience and to im-
gotiator. The hostage taker picked tate the exchange of information prove interoperability among agen-
up the detonator device, presenting during the exercise and to provide a cies, a signpost clearly identified
a danger to the hostages. At this learning experience for all parties to each component. Extensive use of a
point, negotiations broke down with observe the full spectrum of exer- public address system and cinema
the subjects, and the decision mak- cise activities. screen multimedia projection sys-
ers exercised final tactical solution The scenario accommodated a tem ensured that all participants re-
by using both special weapons and briefing, a 4- to 5-hour exercise, ceived regular updates on the status
tactics and hostage rescue team and, finally, a postexercise “hot of the scenario. Additionally, par-
members to intervene. wash” (when agencies immediately ticipants dealt with other issues of
discussed the most salient points of concern during the protracted
Exercise Methodology the exercise), all within the time operation, including shift changes,
Unlike the active military, most constraints of a single shift for state rest room breaks, and nourishment
federal, state, and local agencies and local agencies. During the needs. Finally, the large number of
Checklist
Although every situation involves unique circumstances, agencies should consider the following
checklist when selecting the site for a Joint Operations Center.
January 2000 / 5
of comments to all participants. response to a WMD incident for that organization. This often re-
Agency representatives commented became apparent during the exer- sulted in incomplete and narrowly
that the exercise proved a positive cise. These inadequacies, although interpreted intelligence, leading to
and worthwhile experience. At the anticipated, advocated the purpose distorted analysis and inaccurate as-
same time, they gained a new appre- of supporting legislation, such as sessments. As a result of this prob-
ciation for the amount of resources the Nunn-Lugar bill, which ap- lem, the FBI developed the Joint
involved in the planning, prepara- proved WMD preparedness train- Interagency Intelligence Support
tion, execution, and after-action ac- ing for state and local law enforce- Element (JIISE), a component of
tivity for the exercise. Training and ment agencies.6 Additionally, this the JOC. The JIISE created a re-
briefing initiatives over the 18- exercise served as a catalyst for the sponsive intelligence architecture
month period required substantial FBI and the state in which it was consisting of a collection manage-
commitment by all participants. held to conduct a seminar for health ment section, a dissemination sec-
Other federal, state, and local agen- care professionals concerning tion, and a current intelligence sec-
cies learned how to work with a medical preparations to respond to a tion. These sections integrated
variety of agencies that have dif- WMD incident. The Navy also left accurate and up-to-date informa-
ferent jurisdictions and authority. the exercise with a better apprecia- tion, enhanced more efficient pro-
Unlike the military, which has a tion for WMD incident preparation. cessing of this information, and en-
built-in training cycle, federal, The Baseline Exercise also abled on-scene commanders to
state, and local agencies must con- highlighted a collective problem of make the best possible decisions
tinue normal operations while con- information flow among the various based on this knowledge.
ducting exercises. agencies of the JOC. Typically,
The inadequacies of training each agency deployed an intelli- ADDRESSING THE MEDIA
and equipment and the lack of a gence group responsible for collect- On the day of the event, partici-
full understanding of medical and ing and analyzing information that pants announced the exercise with a
decontamination requirements in focused on the essential elements press release, drawing immediate
and considerable media attention.
The press release aimed to preempt
any public misperception of the ex-
Baseline command center ercise and to ensure citizens that
confident, organized preparations
existed to deal with a WMD inci-
dent. Although exercise planners
did anticipate the media’s high level
of interest, they reacted as they
would to an actual event; they an-
swered questions concerning terror-
ism, in particular, a WMD incident.
In this way, the exercise became
even more realistic. To ensure the
safety of media representatives, the
command group denied them an ac-
tual view of the incident and se-
lected a predetermined location for
the media to consult with spokes-
persons from the FBI, Navy, and
local town. Additionally, the com-
January 2000 / 7
Perspective
time spent on the various planning phases, administra-
Planning for the Future tors still should address each phase. Additionally, the
By Robert B. Richards, M.S. time spent on each phase can depend on how often the
planning process takes place, whether it occurs in an
“The best laid schemes o’ mice and men oft go astray.1”
—Robert Burns
actual event or during a training exercise, and how
often organizations update their standard operating
procedures.
”
based on subjective information formulated some courses of
(e.g., judgment, leadership, action, they should evaluate the
experience, knowledge, training, effects that these approaches will
and perceptions) and then validate have on their organizations. While
these assumptions through the receipt and processing the internal structures of agencies vary, the areas
of additional information as the planning process most concerned with the planning process include
develops. administrative, intelligence, investigative, surveil-
Because gathering and updating information are lance, tactical, liaison, negotiation, logistical, techni-
continuous and concurrent actions throughout the cal, media, and legal support, as well as the command
planning process, administrators should not plan in a structure.6
vacuum. Rather, they should provide supervisors and
commodity managers (those in charge of such areas as Administrative Support
communication, transportation, or other support Administrative supervisors should address the
services) with periodic estimates of the situation. availability of personnel for the duration of the event.
These estimates should include a logical and orderly As the duration increases, they may face the prospect
examination of all of the known factors affecting the of staffing an operation 24 hours a day, 7 days a
accomplishment of the objective, any restraints or week. If so, they need to consider such matters as
restrictions, and a general plan of action.5 Although budget constraints, overtime expenses, court appear-
the estimates will change during the planning process, ances, holidays, and illness.
they should remain as complete as time, available
information, and logical assumptions allow. Intelligence Support
Intelligence managers should consider the amount
Developing Alternative Approaches and type of information currently available about the
While administrators should consider a variety of event. They also should determine how to collect,
courses of action, they need to develop these alterna- process, and disseminate additional information as
tive approaches only to the extent that they can the event unfolds.
January 2000 / 9
Investigative and Surveillance Support data links, and cryptographic means. They also should
Investigative supervisors should address their ensure that radio frequencies are available, compat-
ability to aggressively assign, complete, process, and ible, and assigned for use in a particular area of
retrieve investigative leads that pertain to achieving operation, along with having repeaters (i.e., devices
the objective. To this end, surveillance managers that receive and amplify electronic signals) available
should consider their ability to collect and dissemi- and operational for primary and alternate communica-
nate information and conduct and maintain electronic, tion networks.
visual, aerial, photographic, and physical surveillance
in a timely and efficient manner. Media Support
Administrators often overlook media support. A
Tactical and Liaison Support media representative can advise the administrator, act
Tactical commanders should assess their capabili- as the spokesperson during the event, recommend
ties and determine if they will need additional staff, policies and procedures regarding the dissemination
equipment, training, or assets to achieve the objective. of information to the general public and the media as
Supervisors should consider augmenting their existing required by the Freedom of Information Act,7 act as
tactical support capabilities with those from other “rumor control,” and advise how best to use the media
agencies. In conjunction with this, for organizational purposes.
liaison managers should identify
those organizations that can offer Legal Support
assistance and determine the best Legal administrators can affect
method of interacting with these
agencies (e.g., provide personnel to
the assisting organizations or have
their representatives participate in
“ ...administrators
should not allow
time constraints
all of the other areas concerned
with the planning process. Typi-
cally, they should provide guid-
ance concerning jurisdiction and
the command structure). imposed by outside other legal ramifications of the
plan, such as the use of chemical
Negotiation Support
influences...to agents or electronic eavesdropping
Negotiators should consider
short-circuit the devices.
their ability to function 24 hours a planning process.
”
day until the objective is achieved. Command Structure
Also, they should accumulate as The command structure
much reference material or data provides the organizational
that pertains to the objective and framework necessary to success-
maintain it as part of their support. fully execute a course of action. Its design and
function depends on the availability, training, experi-
Logistical and Technical Support ence, and operational readiness of the supervisors,
The success of any plan usually depends on relief supervisors, and staff of the support areas.
effective logistical and technical support and the Administrators should develop, formalize, and
proper employment of their assets. Logistical supervi- disseminate a specific command structure that clearly
sors should consider the availability of a mobile or delineates the responsibilities of and the authority
alternate command post. They also should address given to these supervisors and commodity managers
housing and feeding participants, providing transpor- commensurate with their positions.
tation, and supporting the day-to-day operation of the
plan. Technical managers should consider their ability Deciding to Act
to communicate internally and externally via radio, By considering all of the factors affecting the
closed-circuit television, telephone, teletype, satellite situation, determining and analyzing feasible
sequences of action, and reviewing the estimates of istrators can test the plan in part or in its entirety.
support provided by supervisors and commodity Testing each segment of the plan separately to ensure
managers, administrators can decide on the best that it functions as designed and then testing the
courses of action to take to accomplish their stated plan in its entirety constitute the preferred method.
objectives. Once administrators reach this decision, However, having key personnel interact with one
they should develop it into a written plan and another and the commodity support areas in a
disseminate it to all participating organizations and time-oriented scenario illustrates the simplest and
personnel. most cost-effective testing exercise. Although a
full-scale command post exercise involving all
TESTING THE PLAN personnel, commodity areas, and tactical and techni-
The final phase of the planning process involves cal assets proves the most effective means of evaluat-
testing the plan to ensure that all of the components ing the plan, administrators should consider the
work together. Administrators should test the plan duration of such an exercise and its affect on the
to 1) determine if it will accomplish its objectives; normal operation and required services of their
2) uncover any weaknesses in the organizational organizations.
structure; 3) expose supervisors and commodity
managers to the rigors encountered during a stressful Conducting a Critique
decision-making process; and 4) allow personnel to Regardless of the scale of the testing exercise,
interact with other participants and become familiar administrators should include a critique at the end.
with the plan. Administrators should conduct the critique as soon
By showing the relationships of the various after the exercise as possible while the events are still
anticipated activities, the plan can provide a reference fresh in the participants’ minds. All participants and
point against which administrators can measure key personnel should contribute feedback. Adminis-
subsequent developments. For example, certain trators should encourage these individuals to take
patterns will develop that highlight recurring tasks or notes during the exercise to have an accurate record
needs that administrators can delineate as standard of potential problems or duplicative actions.
operating procedures. Also, the testing process will Evaluators who have no vested interest in the
reveal potential problems that administrators can outcomes and who are familiar with the plans and the
address and, if needed, change the plan accordingly. objectives should conduct the critiques. They should
know the various areas of responsibilities and the
Choosing the Test assets available for the exercises.
Depending on the experience of their command Moreover, the intent of the critique is to identify
structure and the assets of their organizations, admin- problem areas, as well as those areas that functioned
January 2000 / 11
well, not to cast blame on any particular individual These individuals can contribute their expertise
or commodity area. Administrators should ensure to the process and avoid duplicative efforts. Adminis-
that critiques remain constructive and that participants trators also should encourage and challenge their
feel confident that they can solve the problems and subordinates to plan for the future. All law enforce-
view the corrective measures as opportunities for ment professionals should remember that those who
growth. fail to plan, fail to achieve.
CONCLUSION
Endnotes
Law enforcement administrators can free them- 1
Robert Burns, “To a Mouse,” 1785; quoted in Leonard D.
selves from their long-held belief that planning for Goodstein, Timothy M. Nolan, and J. William Pfeiffer, Applied Strategic
the future stands as a tedious and formidable task Planning: A Comprehensive Guide (San Diego: Pfeiffer & Company,
by following some basic procedures. These 1992), 309.
2
Leonard D. Goodstein, Timothy M. Nolan, and J. William Pfeiffer,
include developing the plan through defining the Applied Strategic Planning: A Comprehensive Guide (San Diego: Pfeiffer
problem, gathering relevant facts, developing alterna- & Company, 1992), 9.
tive approaches, and evaluating the effects. Once 3
U.S. Marine Corps, Command and Staff Action FMFM 3-1 (March
they have completed these planning phases, adminis- 1985): 48.
4
Richard I. Lyles, Practical Management Problem Solving and
trators can decide on their course of action, develop Decision Making (New York: Van Nostrand Reinhold Company, Inc.,
a written plan, and then test it for potential 1982), 71.
problems. 5
Supra note 3, 50-51.
6
Administrators should include supervisors and Supra note 3, 3.
7
Title 5, U.S. Code, Section 552 A.
managers of support services in the planning process.
Suggested Reading
D uring the 1960s, an average nation in total bank robberies per both the meteoric rise and precipi-
of 400 bank robberies oc- year and earning it the title “Bank tous fall of these violent crimes.
curred each year in the Robbery Capital of the World.” The
FBI’s Los Angeles Field Office area retained this title with an aver- CONTRIBUTING FACTORS
(FBILA) jurisdiction, which ex- age of 1,400 bank robberies per year In general, two factors caused
ceeds 40,000 square miles and con- in the 1980s, which accounted the extensive number of bank rob-
sists of seven counties. In the 1970s, for 20 to 30 percent of all bank beries in the FBILA territory. First,
the number of bank robberies robberies in the United States. After the area of Southern California sur-
doubled to almost 800 each year. In peaking at 2,641 in 1992, by 1998, rounding Los Angeles has experi-
1978, the number of robberies ex- the number of robberies had plum- enced unprecedented population
ceeded 1,000, placing the Los An- meted to 656, the lowest in 30 years. growth since the 1960s. Approxi-
geles area ahead of the rest of the A number of factors contributed to mately 17 million people now
January 2000 / 13
reside there. Second, California law challenges of an influx of new two basic methods to rob banks—
historically has permitted unlimited branches of out-of-state banking the “one-on-one” robbery, fre-
branch banking. Today, more than corporations and a renewed inci- quently featuring a demand note,
3,500 federally insured commercial dence of bank mergers. To address and the “takeover,” a rapidly grow-
banks, savings banks, and credit these competitive challenges, the ing violent tactic.
unions conduct operations in seven executives of various banks decided In one-on-one situations, rob-
counties. This vast number of rob- to solidify their customer base by bers deliver a spoken or written rob-
bery targets, coupled with the popu- expanding daily business hours. bery message to a single victim
lation growth, and attendant social Banks opened earlier, closed later, teller. Robbers avoid attention by
and criminal problems, particularly and expanded their business hours speaking softly to one victim, if
increased narcotics addictions and to Saturdays, and, in some in- they speak at all, and by keeping
the invasion of youthful street gang- stances, Sundays. In order to keep commotion to a minimum. Other in-
sters onto the bank robbery scene, pace, other bankers throughout the dividuals in the bank may remain
produced an increase in bank state quickly followed suit. These completely unaware of the robbery.
robberies. additional hours of operation dra- In contrast, criminals who use
Nothing, however, prepared the matically increased the exposure to the takeover robbery method usu-
region for the explosion of bank robbery of California bank ally demand attention and involve
robberies in the early 1990s. In branches by approximately 40 per- multiple subjects. They intimidate
1992, the 2,641 robberies that oc- cent. Using various methods, ban- victims with various combinations
curred in the FBILA area compelled dits took full advantage of this of aggressive action, including
FBI agents to investigate approxi- newly widened opportunity. storming into the bank, shouting
mately 1 bank robbery every 42 obscenities, jumping on or over
minutes of each business day. This Bank Robbery Methods counters, physically attacking em-
dramatic increase in the number of Even more alarming than the ployees or customers, and waving
robberies occurred as California increasing number of bank robber- or firing guns. These forms of ag-
banking, always a fiercely competi- ies was the type of robbery expand- gression help give the bandits com-
tive industry, faced the dual ing fastest. Generally, criminals use plete control of the premises. Con-
trol is central to takeover robberies,
which sharply escalate the level of
threats and violence. More trau-
“
matic and potentially explosive
than one-on-one robberies, take-
overs accounted for just 3 to 5 per-
...Los Angeles cent of all bank robberies in the Los
area bank Angeles area until late 1991. Be-
robberies tween 1992 and 1996, this percent-
have declined age increased dramatically to ap-
steadily. proximately 20 percent. The
takeover percentage of total robber-
ies in Los Angeles from 1997 to
1998 rose to 28 percent—a histori-
cal high.
“
the addicts returned to the car and rest of the nation. By mid-1998,
gave it to their “sponsors,” who in FBILA already had received nu-
turn gave the addicts $50–$100 or merous communications from vari-
crack cocaine. The sponsors kept Bandit barriers... ous jurisdictions throughout the
the remainder of the stolen money. completely United States, as well as the remain-
If police arrested the addicts during enclose the teller der of California, indicating that or-
the robbery, the sponsors merely and adjacent cash ganized bank robbery crews of
left the scene to recruit another ad- street gangsters had traveled far
dict. These robberies flourished
storage areas.... from their home base in Los Ange-
”
from 1989 to 1991, accounting for les. They had spread the contagion
almost 250 bank heists as other of the L.A.-style takeover.
street gangsters replaced addicts as
recruited bandits. inside the bank. OGs easily re- LAW ENFORCEMENT
Then, things changed in Sep- cruited these youngsters, enticing RESPONSE
tember 1991, when a small group of them with “easy money,” increased After painstaking work by more
takeover robbers known as the West notoriety among their peers, or the than 50 FBILA special agents, two
Hills Bandits, stole $436,000, mak- prospect of living out an action assistant U.S. attorneys, and local
ing it the largest single takeover fantasy. law enforcement agencies, FBILA
robbery in the FBILA region’s his- On several occasions, FBILA built a strong criminal enterprise
tory at that time. When the amount investigators determined that “tal- case against several of the most pro-
of the robbers’ loot leaked to the ent scouts” sent by these organizers lific bank robbers in history. In May
press and was published, the Rollin actually went to several South Cen- 1993, FBILA and local police ar-
60s, who already sponsored mul- tral Los Angeles area high schools rested the two originators of these
tiple note jobs, promptly changed and forced students out of the caf- innovative takeover robberies, and
direction and went full time into the eteria line to participate in bank rob- in November 1993, after pleading
takeover robbery business. beries. Once recruited, organizers guilty to bank robbery charges, the
The fourth quarter of 1991 ex- provided them weapons if they did subjects received prison sentences
ploded with takeover robberies as not have their own, transportation of 25 and 30 years, respectively.
other South Central gangs sought to in a stolen car to a preselected bank, FBILA believes these subjects
January 2000 / 15
planned, organized, and promoted expertise served as speakers and proves negative, the inner door au-
more than 175 bank robberies, in- advisors. As a result, members of tomatically unlocks, allowing entry
cluding 85 demand note jobs and 90 the banking community and law en- into the facility. If the search is
takeovers. Additionally, FBILA forcement agencies forged a new, positive, indicating a possible
and local law enforcement agencies close-knit working relationship. weapon, the bullet-resistant second
believe that several street gangsters Subsequently, the banking commu- door remains locked, and the person
directly imitated their role as orga- nity implemented one of the first must retreat from the portal. These
nizers and caused the continuation and most positive effects of this units originally featured a “capture”
of takeover-bank robberies in the new working relationship—its law option that locked a person with a
Los Angeles area during the past 5 enforcement-endorsed plan to con- weapon inside either portal. Admin-
years. This theory concerning struct bullet-resistant “bandit barri- istrators strongly recommend ex-
criminal enterprise bank robberies ers” or access control units (ACUs) cluding this feature for customer/
is supported by interviews of re- at numerous local branch offices employee safety reasons.
cently arrested takeover-robbery deemed “robbery prone.” Although Smaller facilities with limited
bandits and the known lack of expensive, these devices proved walk-in traffic use a more limited
groups of bandits who rob together cost-effective by dramatically re- and less costly model of the ACU.
as cohesive units. ducing overall bank robberies This version consists of a single,
while virtually eliminating violent reinforced, electronically locked
Cooperating with takeovers. entry door that customers open by
Financial Institutions inserting an encoded plastic card
“
Fortunately, the dire statistics into a slot and then entering a per-
regarding total bank robberies and sonal identification number on an
takeovers have reduced dramati- attached keypad. Bank employees
cally since 1992. By the end of Generally, can override both versions of the
1998, the number of robberies had criminals use two ACU by activating an electronic
fallen to 656—a 75 percent reduc- basic methods to switch inside the bank when they
tion and the lowest number in 30 rob banks.... recognize a customer denied access
years—with violent takeovers re- by the system.
”
duced by two-thirds.
The most important factor in Imposing Strict Sentences
reducing bank robberies involved Another contributor to this
establishing an effective working Bandit barriers—clear, bullet- positive turnaround evolved from
relationship between law enforce- resistant, Plexiglas partitions— the Federal Uniform Sentencing
ment agencies and financial institu- completely enclose the teller and Guidelines of 1987, which abol-
tions. The evolution of this relation- adjacent cash storage areas, extend- ished the preexisting federal parole
ship dates back to the early 1990s. ing from the top of the counter to system. An inmate now must serve
As the number of bank robberies, the ceiling or from the floor to the at least 85 percent of a federal sen-
particularly violent takeovers, sky- ceiling at the entryway. ACUs tence, with just 15 percent reduc-
rocketed, the FBILA initiated a se- consist of an electronically con- tion for good behavior. Therefore,
ries of regularly scheduled confer- trolled, double-door entry portal bank robbers sentenced in the Los
ences with bank security directors and adjacent exit portal. Customers Angeles area since 1987 do not re-
and local law enforcement adminis- access the inside of the bank, one at turn as quickly to the street to possi-
trators. At these conferences and a time, by entering through the outer bly repeat their offenses. This
at formal meetings of various bank door of the entry portal. When the change, in combination with the
security associations, both FBI spe- outer door closes, a device conducts increased use of Title 18, U.S.
cial agents and local law enforce- an automatic magnetometer-type Code, Section 924(c), which man-
ment officers with bank robbery search for weapons. If the search dates minimum, mandatory, and
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January 2000 / 17
Book Review
A ll emergency services op- changing the number of officers on to changes in the demand for police
erating on a 24-hour basis duty accordingly. This approach to services and posed problems for
have to deal with the issues reducing crime constitutes one rea- some agencies. To combat these
of shift work and the availability of son for using alternative flexible difficulties, the British police forces
personnel. The British police forces work practices—such as overlap- need efficient and effective policing
are no exception. However, recent ping shifts, alternative shift pat- techniques,2 including the use of
international comparisons have terns, more part-time police offi- shift systems in general and the Ca-
shown that England and Wales have cers, and more civilians to carry out nadian shift system, Ottawa, in
a worse crime rate than nearly every administrative and clerical work. particular.
other major industrialized nation,1 Two other factors affecting po-
which has placed additional pres- lice resources involve new legisla- POLICING THE
sure on police resources. Crime tion that limits the working hours of 24-HOUR SOCIETY
analysts have suggested many ways British and European workers and a With the recent development of
of reducing crime, including trying move to develop a European flavor the 24-hour society in the United
to match the demand for police ser- in British towns and cities by ex- Kingdom, some cities have encour-
vices with police resources by look- tending retail outlet operating hours aged shops, cinemas, clubs, and
ing at the variations in daily, and creating a “24-hour society.” bars to substantially lengthen their
weekly, or annual crime rates and These competing pressures have led hours of operation.3 This has led to
January 2000 / 19
than personnel who did not work on
a rotating schedule.6 However, an-
other survey found that shift work-
ers suffered greater sickness and ab-
senteeism than normal workers,
especially when the hours were
long.7 A third report estimated that
in U.S. companies alone, shift-
work-related costs (e.g., absentee-
ism, lost production, medical bills,
and accidents) totaled approxi-
mately $70 billion a year.8
Some workers, however, like
Dr. Simpson teaches operations Ms. Richbell lectures on human
management at Sheffield resource management at
shift work, and studies have found
University Management School Sheffield University Management that less absenteeism occurs with
in Sheffield, England. School in Sheffield, England. these workers than with employees
who work normal business hours.9
However, one report found that ab-
sences increased on shift-change
days,10 which may impact police
a demand for staff to work unusual that improve officer health and wel- services because of “quick change-
and, some people consider, unso- fare while matching supply for po- overs” (e.g., completing one shift at
ciable hours.4 Service and retail es- lice services with demand, British 10 p.m. and starting the next the
tablishments have begun to tackle police forces also must consider following day at 6 a.m.) that some
this issue in a variety of ways. How- systems that will comply with this shift patterns use. All in all, the evi-
ever, concerns about changing new legislation or face having to dence for a correlation between
crime patterns and the subsequent change systems again in the very shift work per se and higher ab-
increasing demand for officers have near future. sences from work remains meager
proven challenging to local police and vague.11
forces. EFFECTS OF SHIFT WORK
New legislation also has af- Research on shift work in other On Stress
fected how British police must sectors, such as manufacturing and Over the past several years,
handle the burdens of the 24-hour service industries, provides a useful work, particularly shift work, has
society. The European Union is context for the examination of the become more stressful.12 This fact,
implementing a Working Time Di- implementation of the Ottawa sys- combined with the mixture of bore-
rective that will limit the workweek tem. The issues raised include the dom and danger inherent in police
to 48 hours (averaged over 17 effects of shift work on organiza- work, has led to stress and negative
weeks).5 At present, police officers, tions, their employees and families, effects on marriages and family life
medical students, and public safety as well as possible interventions to for British police officers.13 At the
personnel are exempt. However, limit those consequences. same time, however, young police
within the next 2 years, the Work- officers have highly rated and often
ing Time Directive will include po- On Attendance preferred the variety that shift work
lice officers in the limited work- Research evidence on the ef- offers.14
week, and British police forces will fects of shift work on absenteeism
need shift systems that comply with conflicts. For example, one study On Family
this directive. Therefore, in their revealed that shift workers lost Rotating work schedules lead to
current quest to find shift systems fewer workdays through sickness less time in the family role and
“
ish police officers.16 sures as employing bright-light
therapy, selecting personnel based
On Health on their suitability for night and
When compared with employ- Managers...should shift work, and providing coping
ees not working shifts, shift work- experiment with strategies.28
ers have more health concerns, in- different shift systems Managers also should experi-
creased errors of judgment, and to find the one that ment with different shift systems to
display symptoms similar to those works best for their find the one that works best for their
of insomnia.17 Shift workers com- departments. Some systems prove
plain of difficulties sleeping and departments. more adaptable to individual
loss of appetite and have increased
”
agency needs than others. For ex-
incidences of digestive disorders ample, the Ottawa shift system
and ulcers.18 removes the need for quick
Sleep loss, however, stands as the night.24 Shift work alters sleep- changeovers and provides longer
the major health problem for shift ing habits, meal times, and elimina- periods between shift changes. This
workers, leading to higher levels of tion processes25 and may affect pro- results in an increase in sleep over
fatigue than in other workers. Some ductivity and safety, especially on the shift cycle together with a sig-
studies have linked continual partial the night shift. Evidence shows that nificant improvement in employee
sleep deprivation with increased the ability to perform most tasks is well-being.29
death and disease.19 One report lowest during the early hours of the
found that fatigue proved common morning. Similarly, performance Shift Systems
among shift workers but appeared appears to decline on shifts in ex- The British police forces, like
to have no effect on mortality, acci- cess of 8 hours and where workers industry and commerce in general,
dents, or long-term health, although perform physically or mentally de- use many different continuous shift
gastrointestinal disorders might be- manding or repetitive tasks.26 systems. Other police forces, in-
come exacerbated.20 Another sur- cluding those in the United States,
vey did not agree and suggested that POSSIBLE INTERVENTIONS have implemented various systems,
sleep deprivation remains one of the While some problems related to such as 12-hour fixed shifts (based
most pervasive and serious health shift work remain largely a fact of on working 2 days, having 2 off,
problems in the United States to- the human condition that no shift then working 3 days) with staggered
day.21 This study also referred to system can solve, managers still can reporting times.30 This has advan-
previous work that associated acci- take steps to help their employees tages for police patrol personnel be-
dents, illness, and domestic prob- adjust to a rotating work schedule. cause they never work more than 3
lems with lack of sleep.22 For example, because the body consecutive days, have 14 days off
January 2000 / 21
per month, and only work every duty groups working 3 shifts (a 10- Initial British police trials of the
other weekend. However, the hour day, a 10-hour evening, and an Ottawa shift system began in 1989.
regulation system, including the 8 1/2-hour night shift) on a 35-day Since then, a number of forces have
regulation system with quick work pattern.33 Local agencies can switched to the system and discov-
changeovers, and the Ottawa sys- incorporate variations around this ered numerous advantages.34 These
tem represent the systems that the basic pattern. agencies found the system most
British police have examined. useful for urban areas, where po-
“
lice can predict and define crime
Regulation System patterns. Also, the overlapping
British police designed their shifts allowed better matching of
original regulation shift system to The British police supply to demand; created flexibil-
provide 24-hour police coverage forces...use many ity for operations, training, and un-
by equitably dividing the workday different continuous interrupted extended briefings; and
into three 8-hour shifts (e.g., shift systems. encouraged a continuous police
6 a.m.–2 p.m., 2 p.m.–10 p.m., and presence during shift changes. Ad-
”
10 p.m.–6 a.m.). In this system, 4 ditionally, longer shifts allowed
duty groups31 cover a 28-day cycle. more thorough and rapid investiga-
These groups work 7 each of day, tions. Because of a greater number
evening, and night shifts with 7 rest The Ottawa shift system offers of rest days from working on an
days interspersed to provide breaks a more flexible alternative to the annualized hours basis, officer mo-
between the 3 shifts. When con- British police regulation shift sys- rale, welfare, and social life im-
fronted with the lack of personnel tem because it is based on annual- proved, and fatigue decreased with
due to sickness or holiday absences ized hours (the number of annual, the removal of rapid shift change-
or an abnormally heavy demand for not weekly or monthly, hours overs and longer rests after working
police services, police forces em- worked) and facilitates variations in the night shift.
ploy quick changeovers within the the length of shifts. In this way, it Conversely, agencies also dis-
regulation system. allows for overlap periods where covered some disadvantages. Pri-
However, as early as 1983, po- two shift groups work simulta- marily, departments experienced
lice administrators began to ques- neously. The length of these over- difficulty in maintaining minimum
tion the effectiveness of this sys- laps may vary, and with careful de- staffing levels on any shift because
tem, particularly its ability to match sign, the system can increase officer of the five instead of four duty
resources with the demand for po- staffing levels to meet peaks in de- groups and in arranging overlaps
lice services while considering of- mand on both a daily and weekly between shifts to coincide with the
ficer welfare. The inability of the basis. Such flexibility has led ad- peaks in local established crime pat-
regulation system to cope with ministrators to regard the Ottawa terns. Police forces also found the
changes in the police force and in- shift system as well suited for urban system unsuitable for rural areas,
creased demands for police services British police needs because of such where crime proves less predictable
has concerned British police man- problems as afternoon shoplifting and less frequent and geographical
agers for several years.32 Therefore, and late-night or weekend public size creates a barrier to maintaining
they began to examine other shift disturbances that place increased a police presence. The possible
systems that might address these demands on police services. More- need for increased resources, such
concerns. over, those working the Ottawa as extra police vehicles, during the
shift system enjoy increased rest overlap periods and problems with
Ottawa Shift System days resulting from longer shifts continuity of investigations caused
Originally developed in Ot- and experience a 6-day break by the 6 days off after working the
tawa, Ontario, Canada, in 1981, after completing their night-shift night shift constituted additional
the Ottawa shift system uses 5 rotation. disadvantages.
January 2000 / 23
morale, ease staff shortages, and OTTAWA IN lacked established performance
reduce overtime. OTHER UK FORCES measures to monitor the effective-
Two other British police forces, ness of shift patterns. Therefore, the
Choice of Shift System Merseyside and Cheshire, have inappropriate match between sup-
Eighty-one percent of respon- studied the effects of implementing ply and demand and lack of
dents had worked all three shift sys- the Ottawa shift system. Both have adequate management information
tems in operation at SYP. When found advantages and disadvan- caused the review team to look
asked to state a preference, 91 per- tages and point out the necessity of at other shift systems. They identi-
cent of the respondents chose the fied five alternative shift systems,
“
Ottawa shift system as their first including one that met the require-
choice, and 52 percent chose the ments of the European Working
regulation system without quick Time Directive (a maximum 48-
changeovers as their second choice. ...the Ottawa shift hour workweek with a maximum
These findings support existing re- system uses 5 duty 8-hour night shift and minimum
search on the unpopularity of quick- groups working 3 rest breaks applied between work-
changeover shift systems.36 shifts (a 10-hour day, a days). However, after assessing the
10-hour evening, and systems, the force rejected all of
Recommendations them. The team then devised a new
The SYP review recommended an 8 1/2-hour night system based on the Ottawa shift
that agencies maintain duty group shift).... system but with the night shift lim-
strength (i.e., minimum staffing
”
ited to a maximum of 4 nights fol-
levels), even at the expense of other lowed by 3 rest days. The new
sections of police work; calculate system also provided adequate cov-
annual leave and training in hours; experimenting with different shift erage at times of high demand for
establish a process for reviewing systems to find one that works for police services.
and evaluating shift patterns a specific police force. Moreover, Officers, however, have not
in comparison with demand; and the experiences of both forces supported the new Merseyside
incorporate time for structured demonstrate the need to establish shift system. Also, the local Police
training. The review also recom- performance measures to effec- Federation has indicated that
mended that the SYP and the tively evaluate shift systems. the Ottawa shift system could
Avon and Somerset Police establish have worked with increased man-
performance measures to monitor Merseyside Police agement support. 40 Merseyside
the effectiveness of shift patterns Merseyside Police found that personnel have criticized the new
rather than rely on aggregated cor- the Ottawa shift system largely system on the grounds that the
porate statistics.37 failed to deliver the staffing flex- 3-day break, which begins after
The review concluded that ibility and the decline in absentee- a night shift, is effectively a 2-day
while the Ottawa shift system ism that they expected.38 The Avon break.41 Additionally, the loss of
works better in some districts than and Somerset Police experienced the 6-day break, which officers
others, it does have advantages over similar failures.39 approved of in the Ottawa
the regulation shift system. The re- After a 2-year study of the Ot- system, could have a bad effect
view suggested that districts al- tawa shift system, the Merseyside on morale and increase health
ready working the Ottawa shift sys- review team concluded that more problems.
tem incorporate the recommended officers were on duty when they
improvements, while those districts were not needed than when they Cheshire Police
wishing to introduce the system in- were. The team also found that just Cheshire Police (a neighboring
clude in their pilot programs the re- as the SYP and Avon and Somerset force to Merseyside) has taken
view recommendations. Police had, the Merseyside Police a different view. The force has
January 1999 / 25
12 23 32
Supra note 8. L. Smith, “Beat the Clock,” Police Manpower Effectiveness and Efficiency in
13
R. Graef, Talking Blues—The Police in Review, November 27, 1998, 16-18. the Police Service, Home Office Circular 114,
24
Their Own Words (Glasgow: Collins Harvill, Supra notes 9 and 10. London (1983).
25 33
1990); and N. Fielding, Joining Forces Supra note 9. Supra note 29.
26 34
(London: Routledge Publishing, 1988). Supra note 18, Everley. Touche Ross and Co., “Home Office
14 27
Supra note 13, Fielding. Supra notes 7 and 9; and J. Adams, Study into Effective Shift Systems for the
15
G. L. Staines and J. H. Pleck, “Nonstand- “Shift Patterns and the Body Clock,” Police Service—Final Report,” (London: Home
ard Work Schedules and Family Life,” Journal (Nottinghamshire, UK: Nottinghamshire Office, 1992, unpublished report); and S.
of Applied Psychology 69 (1984): 515-523. Police, 1992, unpublished report). Richbell, M. Simpson, G.M.H. Sykes, and S.
16 28
S. Richbell, The Police Welfare Supra note 23. Meegan, “Policing with the Ottawa Shift
29
Requirement (London: Central Advisory P. Totterdell and L. Smith, “Ten-Hour System: A British Experience,” Policing: An
Facility (PRSU), Home Office, 1991). Days and Eight-Hour Nights: Can the International Journal of Police Strategies and
17
Supra note 7. Ottawa Shift System Reduce the Problems of Management 21, no. 3 (1998): 384-396.
18 35
E. Thiis-Evensen, “Shift Work and Shift Work?” Work and Stress 6 (1992): D. Featherstone, S. Wilkinson, and P.
Health,” Industrial Medicine and Surgery 139-152. Catley, “Thematic Inspection: OTTAWA,”
30
XXVII (1958): 493-497; quoted in J.M. R. B. Walker and C. Eisenberg, “The 12- (Sheffield, UK: South Yorkshire Police, July
Harrington, Shift Work and Health Hour Fixed Shift: Measuring Satisfaction,” FBI 1997, unpublished report).
36
(London: Her Majesty’s Stationery Office, Law Enforcement Bulletin, August 1995, Supra note 9.
37
1978), 5; and M. Everley, “Shift Work and 18-20. Supra note 35.
31 38
Health,” Health and Safety at Work, September Duty group means a group of officers D. Adams, “Clockwise,” Police Review,
1992, 40-41. working as a unit on a specific shift rotation. June 26, 1998, 22-24.
19 39
Supra note 18, Everley. Some departments may call this group a shift. Supra note 35.
20 40
Supra note 10. However, to avoid confusion when discussing Supra note 38.
21 41
Supra note 8. shift systems, the authors refer to these officers J. Spence, “Take a Break,” Police Review,
22
Supra note 8. as duty groups. July 17, 1998, 14.
Snap Shots
headlights at them.
D uring the past 20 years, the controlled substances, including gave his consent to have his luggage
United States has been their use in determining probable searched. However, fearing that
fighting one of the most dif- cause for searches of vehicles, indi- Place would miss his plane and that
ficult wars in its history: the war on viduals, and premises. the DEA would be liable for the cost
drugs. One of law enforcement’s of the ticket, the agents allowed
most effective tools in this war has THE COURT’S VIEW Place to proceed on his flight with-
been the drug detection dog. Drug In United States v. Place,1 the out searching his luggage. The
detection dogs have proven highly Supreme Court ruled that the expo- agents then telephoned other DEA
effective and reliable in detecting sure of luggage located in a public agents at New York’s LaGuardia
illegal narcotics. The Supreme place to a trained canine “did not Airport to pass on their suspicions
Court and most lower courts have constitute a search within the mean- concerning Place.
granted particular deference to the ing of the Fourth Amendment.” Upon his arrival in New York,
olfactory abilities of police drug de- Place aroused the suspicions of Place was met by DEA agents
tection dogs. This article addresses DEA agents in the Miami Interna- who again asked for consent to
the legal aspects of canine sniffs for tional Airport. He was asked for and search his luggage. This time, Place
January 2000 / 27
“ The use of drug
detection dogs
has met with
the dog’s records indicated it
had false-alerted in the past, the
defendant’s ability to cross-exam-
ine would not have been enhanced
because there is no doubt it cor-
few real legal rectly alerted in this instance.”3
A dog’s positive alert alone
challenges in generally constitutes probable
the courts. cause to search a vehicle under the
motor vehicle exception to the
”
search warrant requirement.4 How-
ever, courts still confront chal-
Special Agent Bulzomi is a legal lenges to dog sniffs based on their
instructor at the FBI Academy. reliability. Courts that have consid-
ered the question of canine reliabil-
ity have relied heavily on the dog’s
certification.5 As the case above
shows, the fact that the dog cor-
refused to give consent. The agents The Court explained that the rectly alerted adds significantly to
detained Place’s luggage and took it dog’s sniff is nonintrusive and re- the dog’s credibility in establishing
to Kennedy Airport, where a trained veals only the presence of contra- probable cause.
drug detection dog sniffed the lug- band, an item for which a person
gage and “alerted” (indicated the does not have a reasonable expecta- TRAFFIC STOPS
detection of the odor of drugs). tion of privacy. Moreover, Place In United States v. Navarro,6 a
Based on the dog’s alert, the agents was not required to open his lug- deputy stopped a sports utility ve-
continued to detain the luggage gage and expose his personal items hicle for speeding. As the officer
while they sought a search warrant to public view, thereby avoiding the spoke with the driver, he became
authorizing the search of the lug- embarrassment and inconvenience suspicious of drug activity. A back-
gage. A search warrant for Place’s entailed in a typical search. up officer teamed with a drug detec-
luggage was issued and executed, tion dog arrived. As the first officer
and a large quantity of drugs was PROBABLE CAUSE talked to the driver, the canine han-
discovered. Place was arrested and In United States v. Gonzalez- dler positioned the dog to sniff the
later convicted. Acosta,2 the U.S. Court of Appeals vehicle. The dog alerted on the
The Supreme Court reversed for the Tenth Circuit refused to au- driver’s door. The deputies found
Place’s conviction but not on the thorize extensive defense requests five kilos of cocaine in a duffle bag
basis of the dog sniff. The Court for a drug detection dog’s training on the front seat of the vehicle. The
ruled that the 90-minute presniff records, veterinary records, alert re- defendant later challenged the stop
seizure of the luggage was too long ports, and other miscellaneous as pretextual because the detention
to be reasonable. Nonetheless, the documents. The court allowed the that allowed for the arrival and
Court took great care to clarify that defense to review only limited use of a drug detection dog was un-
the dog’s alert created sufficient training records, stating: “We do constitutional.
reason for further detention of the not believe the documents were rel- The U.S. Court of Appeals for
luggage, as well as the requisite evant because the dog was certified the Sixth Circuit did not agree with
probable cause necessary for the is- on the day in question and because the defendant’s claim that his con-
suance of a search warrant for the dog properly alerted to the pres- stitutional rights had been violated.
drugs. ence of contraband.... Indeed, had The officers in this case had
“
an extremely productive opportu- suspicion of drug activity to justify
nity for traffic stops to become sniff a detention, they may ask drivers for
stops, as well. Drug detection dogs consent, either to search their ve-
can be used on routine traffic patrol A dog’s positive hicles or to call for a canine. Further
in high drug areas to sniff cars alert alone investigation is allowed if the “en-
stopped for traffic violations. generally counter has turned from detention
In Romo v. Champion, 8 the constitutes into a consensual encounter.”15
United States Court of Appeals for Consent may be sought even if
the Tenth Circuit ruled that “when
probable cause there appears to be sufficient rea-
the odor of narcotics escapes from to search a sonable suspicion to detain ve-
the interior of a vehicle, society vehicle.... hicles. Voluntary consent will alle-
does not recognize a reasonable viate any concerns as to the
”
privacy interest in the public air- reasonableness of the detention be-
space containing the incriminating cause if drivers consent to the use of
odor.... Where government officials Detention of the vehicle beyond a dog, they presumably have con-
have lawfully detained a vehicle, a the brief time needed to issue a cita- sented to the necessary detention
dog’s sniff is not a search within the tion or warning requires reasonable until the dog arrives.16 However, of-
meaning of the Fourth Amend- suspicion of illegal activity.11 Once ficers should remember that drivers
ment.”9 As long as the vehicle is not drivers produce a valid license and may withdraw consent at any time.
detained beyond the time necessary proof that they are entitled to oper-
to accomplish the purpose of the ate the car, they must be allowed to Length of Detention
traffic stop, whether it be to issue a proceed on their way, without being What length of a detention is
citation, wait for a computer check, subject to delay by police for fur- constitutionally “reasonable” when
or simply to give a warning, the ther questioning.12 “Any further de- officers decide to detain a vehicle
exterior of the vehicle is available tention for questioning, not for issu- for a sniff without seeking consent?
for a sniff. The Romo court held that ing a citation, is beyond the scope of Generally speaking, the court ac-
if a vehicle is otherwise lawfully the stop and, therefore, is illegal un- cepts brief detentions. 17 More
detained, consent is not required for less the officer has a reasonable sus- lengthy detentions require further
a canine sniff, even absent any rea- picion of unlawful activity.”13 justification.
sonable suspicion. If an officer’s suspicions are For example, a delay of 50 min-
aroused during the course of a traf- utes from the time of the stop to the
Scope of the Sniff fic stop where a drug detection dog arrival of the drug detection dog
The scope of the sniff is limited is not present and the officer can was reasonable in State v. Welch.18
to the outside of the vehicle. An articulate reasonable suspicion of The court noted that the stop
officer “may not unlawfully enter drug activity, the officer may detain occurred 31 miles away from the
January 2000 / 29
nearest available canine. In United more intrusive than its sniff of the dog to sniff a hallway of a motel
States v. $64,765.00,19 the court de- vehicle, it nevertheless was reason- where a suspected narcotics dealer
termined that a 90-minute detention able in light of all the relevant cir- was staying. The police walked the
was supported by reasonable suspi- cumstances.”23 However, the plain- dog through a hallway where they
cion when the officer acted with due tiffs’ expectations of privacy in this suspected the dealer’s room to be
diligence to get the dog to the scene. case were reduced because they located. When the dog alerted on a
An officer’s diligence in getting a were visiting a correctional facility. door, a search warrant was issued
dog to the scene plays a major role The court reasoned that the require- for the motel room based on the
in determining whether the length ment of reasonable suspicion to jus- dog’s alert. Ten kilos of cocaine
of the detention is reasonable. tify the search was not necessary were discovered in the room and the
due to the government’s need to defendant was convicted of posses-
DOG SNIFFS AND provide security and ensure that no sion with intent to distribute. He
INDIVIDUALS appealed, claiming his expectation
“
No recent line of cases directly of privacy in his room had been
involves the use of drug detection violated by the dog sniff. The court
dogs on people in public places. In- found that because no expectation
dividuals have an extremely high As long as the vehicle of privacy exists in common areas,
expectation of personnal privacy re- is not detained beyond such as motel hallways, no search
garding their own bodies. The use the time necessary to occurred.
of a dog to detect drugs directly on accomplish the The critical issue always has
individuals not only may be consid- purpose of the traffic been whether individuals have a le-
ered an intrusion upon their privacy stop...the exterior of gitimate expectation of privacy in
but an affront to their dignity, as an area, including their own bodies.
well. the vehicle is available The Supreme Court has found that
The Supreme Court ruled in for a sniff. there can be no legitimate expecta-
”
Pennsylvania v. Mimms20 that an of- tion of privacy in the odors emanat-
ficer, for safety reasons, has the au- ing from an area. The legitimate ex-
thority to direct drivers to exit pectation of privacy is measured in
their vehicles during traffic stops. contraband entered the facility. The large part by whether the officer has
The Court extended this rule to in- court also said that the physical con- a right to be at the place of observa-
clude passengers in Maryland v. tact between the dog and the groin tion, but the area of privacy can
Wilson21. However, the authority to area of one of the individuals extend beyond the physical being
direct people from vehicles auto- sniffed was not enough to make the and envelop a space surrounding
matically does not allow these indi- sniff unreasonable under the Fourth them. To encroach on this space, an
viduals to become the subject of a Amendment. officer must have a legitimate rea-
dog sniff. Officers at least should be son that appears to be at least
able to articulate a reasonable suspi- DOG SNIFFS AND PREMISES articulable reasonable suspicion of
cion of drug activity in regard to One court has considered the drug possession.
each individual that they subject to legal implications in regard to dog
a dog sniff. sniffs of premises. The expectation CONCLUSION
The U.S. Court of Appeals for of privacy in regard to premises is Drug detection dogs remain ex-
the Tenth Circuit dealt with the similar to that of individuals’ ex- tremely important in drug interdic-
question of vehicle and body pectations of privacy in their tion. They represent a highly effi-
searches in a case involving jail se- bodies. cient and cost-effective way to
curity. In Romo v. Champion,22 the In United States v. Roby,24 the establish quickly whether probable
court stated, “While the dog’s sniff Eighth Circuit Court of Appeals cause exists to execute a search for
of plaintiffs’ bodies was clearly allowed the use of a drug detection contraband. The use of drug
January 2000 / 31
FBI Law Enforcement Bulletin
Author Guidelines
GENERAL INFORMATION additional specifications, detailed examples, and
The FBI Law Enforcement Bulletin is an effective writing techniques.
official publication of the Federal Bureau of PHOTOGRAPHS AND GRAPHICS
Investigation and the U.S. Department of Justice.
Frequency of Publication: Monthly. A photograph of the author(s) should
Purpose: To provide a forum for the ex- accompany the manuscript. Authors can submit
change of information on law enforcement-related photos and illustrations that visually enhance
topics. and support the text. Black-and-white glossy
Audience: Criminal justice professionals, prints (3- by 5-inch to 5- by 7-inch) reproduce
primarily law enforcement managers. best. The Bulletin does not accept responsibility
for lost or damaged photos or illustrations.
MANUSCRIPT SPECIFICATIONS PUBLICATION
Length: Feature articles should contain 2,000 Judging Manuscripts: The Bulletin judges
to 3,500 words (8 to 14 pages, double-spaced). articles on relevance to the audience, factual
Submissions for specialized departments, such as accuracy, analysis of the information, structure
Police Practice and Case Study, should contain and logical flow, style and ease of reading, and
1,200 to 2,000 words (5 to 8 pages, double- length. The Bulletin generally does not publish
spaced). articles on similar topics within a 12-month
Format: Authors should submit three copies period or accept articles previously published or
of their articles typed and double-spaced on 8 1/2- currently under consideration by other maga-
by 11-inch white paper with all pages numbered. zines. Because it is a government publication,
When possible, an electronic version of the article the Bulletin cannot accept articles that advertise
saved on computer disk should accompany the a product or service.
typed manuscript. Query Letters: Authors may submit a
Authors should supply references when query letter along with a 1- to 2-page outline
quoting a source exactly, citing or paraphrasing before writing an article. Although designed to
another person’s work or ideas, or referring to help authors, this process does not guarantee
information that generally is not well known. For acceptance of any article.
proper footnote format, authors should refer to A Author Notification: The Bulletin staff will
Manual for Writers of Term Papers, Theses, and review queries and articles and advise the
Dissertations, 6th ed., by Kate L. Turabian. authors of acceptance or rejection. The maga-
Writing Style and Grammar: The Bulletin zine cannot guarantee a publication date for
prefers to publish articles in the third person accepted articles.
(Point of View and Perspective submissions Editing: The Bulletin staff edits all manu-
are exceptions) using active voice. Authors scripts for length, clarity, format, and style.
should follow The New York Public Library
Writer’s Guide to Style and Usage and should SUBMISSION
study several issues of the magazine to ensure Authors should mail their submissions to:
that their writing style meets the Bulletin’s Editor, FBI Law Enforcement Bulletin, FBI
requirements. Academy, Madison Bldg., Room 209, Quantico,
Authors also should contact the Bulletin staff VA 22135; telephone: 703-632-1952; fax: 703-
for the expanded author guidelines, which contain 632-1968; e-mail: leb@fbiacademy.edu.
Official Business
Penalty for Private Use $300
Patch Call
The patch of the Utah Highway Patrol depicts a The Shelburne, Vermont, Police Department
beehive. The beehive shoulder emblem was first worn patch was created in 1967. It depicts the covered
in 1947, 100 years after the first Mormon pioneers bridge that graces the front of the Shelburne Museum,
arrived in Utah. The beehive represented industry, the town's outdoor museum that contains many
organization, and self-sufficiency to the Mormons. restored buildings and collections of Americana. The
bridge, originally from Cambridge, Vermont, was one
of the first buildings restored by the museum.