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December 2001

Volume 70
Number 12
United States
Department of Justice
Federal Bureau of Investigation
Washington, DC 20535-0001

Robert S. Mueller III


Director
Features
Contributors' opinions and statements
should not be considered an
endorsement by the FBI for any policy,
program, or service.
Gangs in Middle America Gang activity persists throughout the
The Attorney General has determined
that the publication of this periodical is
necessary in the transaction of the
By David M. Allender 1 United States, even in the country's
heartland.
public business required by law. Use
of funds for printing this periodical has
been approved by the Director of the All law enforcement managers should
Military Support of Domestic
16
Office of Management and Budget.
be familiar with the types of military
The FBI Law Enforcement Bulletin Law Enforcement Operations support available to them, as well as
(ISSN-0014-5688) is published By David G. Bolgiano some of the legal restrictions imposed
monthly by the Federal Bureau of
Investigation, 935 Pennsylvania on that support.
Avenue, N.W., Washington, D.C.
20535-0001. Periodicals postage paid
at Washington, D.C., and additional
mailing offices. Postmaster: Send
address changes to Editor, FBI Law Departments
Enforcement Bulletin, FBI Academy,
Madison Building, Room 209,
Quantico, VA 22135.

Editor 9 Crime Data 15 Book Review


John E. Ott
Serious Crime Figures Controversial Issues
Associate Editors
Glen Bartolomei in Policing
Cynthia L. Lewis 10 Focus on Technology
Bunny S. Morris 25 2001 Subject Index
FBI Laboratory Publications
Art Director
Denise Bennett Smith
Assistant Art Director 12 Notable Speech 28 2001 Author Index
Stephanie L. Lowe Responding to Terrorism
Staff Assistant
Linda W. Szumilo

This publication is produced by


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

Internet Address
leb@fbiacademy.edu

Cover Photo
© Digital Stock

Send article submissions to Editor,


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

ISSN 0014-5688 USPS 383-310


Gangs in Middle America
Are They a Threat?
By DAVID M. ALLENDER
© Mark C. Ide

I n the past 30 years, changes increasingly concerned with safety to assist police and prosecutors and
have occurred in how the issues. The interest continued into mandated that new police officers
police and the public view, the 1990s, partially due to an aging attending basic police academies
define, and discuss gangs.1 In the population. In response to the elec- receive at least a minimal amount of
late 1960s and early 1970s, police torates’ concern, federal grant pro- training in gang topics. Media inter-
in large cities generally acknowl- grams and monies proliferated. est mirrored audience appetite and
edged the existence of gang activity Several of these projects, such as boosted coverage of gang-related
within their jurisdictions. During Operation Weed and Seed and the subject matter. Increased reporting
the 1970s, the public was recover- Office of Community-Oriented Po- of such incidents had the effect of
ing from the Vietnam War and deal- licing Services (COPS) antigang making it appear that gang activity
ing with a wide variety of important initiative,2 had as a core ingredient was on the rise. But, is this truly the
social issues and changes. Gangs the need to control or dismantle case, especially in middle America?
and crime did not demand the same criminal street gangs. Increased at- Are states, such as Indiana, “the
attention as these other matters. tention and discussion also brought crossroads of America,”3 at risk of
By the middle of the 1980s, new legislation to deal with the becoming infected with the gang
however, the public became gangs. Many states enacted statutes menace or has it occurred already?

December 2001 / 1
“ Without a
standardized
reporting system,
America’s first identified gang,
however, was formed in 1820 in the
Five Points District of New York
City. Named the Forty Thieves, the
gang operated along the water-
it proves impossible front, engaging in acts of murder,
to accurately robbery, assault, and other violent
determine the level acts. Composed of recently arrived
of gang activity. Irish immigrants, the Forty Thieves
recruited a group of young imi-

Lieutenant Allender serves with the


Indianapolis, Indiana, Police Department.
” tators, who called themselves the
Forty Little Thieves. To complete
the equation, a rival gang, the
Kerryonians, organized to ensure
that they got their share of the ill-
gotten gains. This pattern repeated
itself many times over the years.
An examination of gang history, exist of gangs, bound together The end of the Civil War saw
gang migration, and gang structure, through the commission of criminal large-scale criminal activity on the
along with the efforts of law en- acts. part of a few veterans who had
forcement to combat and prevent A well-documented gang case trouble returning to a peaceful soci-
gangs may provide some answers. comes from the British who, from ety. Some of these men formed
In addition, a review of Indianapo- 1834 to 1848, were dealing with gangs to increase the profits from
lis, Indiana’s experience with gangs what they identified as a gang of their illegal actions, such as the in-
illustrates how a “big small town” robbers and murderers in Budhuk, famous brothers Jessie and Frank
in the heart of the United States canIndia.5 Unable to deal with the gang James who recruited men, often
become a new target for gangs from because of its size and complexity, boyhood friends or relatives, to as-
other areas of the country. 4 local authorities turned to the army sist them as they traveled to commit
for help. To gain control of the situ- robberies. Media reports often at-
GANG HISTORY ation, the government passed legis- tributed crimes to the James Gang
Historical literature makes fre- lation prohibiting gang member- that they could not possibly have
quent reference to groups that en- ship, associating with known gang committed due to the acts occurring
gaged in criminal activity. Ancient members, and deriving profit from a great distances apart and on the
Egyptians talked about bands of gang’s criminal activity. The same day. Although authorities
robbers who preyed upon those military convinced the government knew where the James family lived,
transporting goods along the cara- to pass additional laws allowing a they were unsuccessful in appre-
van routes. China had gangs who federalist approach, including per- hending the brothers. The gang fi-
committed robberies and kidnap- mission to house prisoners in jails nally met its ruin through a couple
pings for profit. Folklore romanti- far from the gang’s home territory. of events. The members ventured
cizes pirates on the high seas that Extensive use of informants, work- far from their familiar territory in
made their living by murder, rob- ing for both pay and sentencing Missouri to commit a robbery in
bery, and kidnapping. According to considerations, comprised a main Northfield, Minnesota. The robbery
Hollywood and some authors, large component of the successful effort. went awry and degenerated into a
numbers of outlaw gangs populated Interestingly, police investigating running gun battle leaving several
the American West. As with the pi- gangs today deal with some of the residents and holdup men dead or
rates, many of these outlaws be- problems troops encountered dur- wounded. Captured gang members
came folk heroes. Endless examples ing this operation. received long prison sentences.

2 / FBI Law Enforcement Bulletin


Unrelated to the robbery, but not to make money from crime comes white, off-duty military personnel
long after, an associate murdered about because the gang exists. The attacked Hispanic males who they
Jessie. Faced with the loss of so gang, with the exception of some felt were benefitting from the war
many of the gang’s members, Frank drug gangs, does not normally form while evading the dangers of com-
surrendered to authorities. The gov- to make money. bat. The physical danger from the
ernor of Missouri later pardoned The world of outlaw motor- rioters, coupled with other acts of
Frank James, and he escaped pun- cycle gangs illustrates how the gang prejudice and discrimination, caused
ishment for his criminal acts. came first and then the criminal ac- the Latino community to band to-
Moving from the notorious and tions. Veterans returning from gether more tightly. The criminal el-
infamous to those with more in com- World War II formed motorcycle ement, usually present in every
mon with gangs today, a 1927 study clubs. While most were social group of people, then took over
of street gangs in Chicago6 identi- groups, a few, such as the Hell’s some of the gangs to further unlaw-
fied 1,313 active gangs in the city at Angels, began to engage in criminal ful enterprises.
that time. The findings have a com- activities. As the Angels grew in Other ethnic groups, including
mon thread that links these histori- power and influence, rival gangs, Asians, Italians, Jews, Jamaicans,
cal groups to present-day gang such as the Pagans, Banditos, and and many others, formed gangs be-
members. For example, many of cause they too had to deal with
those who formed or joined gangs prejudice and discrimination,


felt disenfranchised by society. which alienated them from main-
Many members of Forty Thieves, stream society. The organizations
comprised of recently arrived immi- Not all street they formed had varying degrees of
grants, had problems adjusting to a gangs exist to sell sophistication. Many of the groups
new culture and experienced preju- drugs or commit faded away as the ethnic groups as-
dice due to their immigrant status similated into mainstream culture.
and ethnicity. In India, the gang’s criminal acts. A lawful alternative for those that


members had to live closely to- continued to exist was the transition
gether to avoid arrest. In time, the into social or fraternal organiza-
rest of society would not accept tions, promoting cultural identity
anyone tied to the gang. Thus, they the Outlaws, formed in other parts and positive civic actions. A small
had to remain within the group to of the nation. Because of their orga- percentage mutated into criminal
support themselves. Pirates often nization, the motorcycle gangs con- enterprises, which the media and
were seamen who had been shang- trolled certain types of criminal ac- entertainment industry often have
haied, escaped from authorities, or tivity within their areas of romanticized. The extreme example
were estranged in some manner dominance. Bikers, by their bylaws, of this genre being the Italian Ma-
from a normal lifestyle. The James’ actions, and appearance, seek to fia, portrayed in a positive or hu-
brothers and their support system of force their members to remain out- morous fashion in numerous
friends and relatives felt strong re- side the mainstream of society. In movies, television programs, adver-
sentment toward established au- doing so, the leadership bonds the tising commercials, and even news
thority because of their wartime ex- membership closer together as the reports. The trend continues with
periences. More examples exist, but group mentality becomes one of “us the influx of Russian immigrants
the feeling of estrangement exhib- versus them.” into the United States. A small per-
ited by these groups represents an Ethnic gangs represent another centage of these new arrivals are
important theme. These same feel- illustration of gangs forming before criminals and gang members,
ings often occur in modern gangs. any criminal activity takes place. dubbed the “Russian Mafia” by the
The gang often exists prior to enter- Hispanic gangs grew in strength popular media. In short, the formula
ing into any type of profit-making and influence following the Zoot for creating and maintaining gangs
criminal activity. The opportunity Suit Riots of 1943. In California, is not a new concept and is ongoing.

December 2001 / 3
The real problem facing law en- people find that the gang ful- members do one thing or another.
forcement is identifying the amount fills the need to be accepted as To understand the gang operating in
of criminal gang activity present an important part of a group. any given area, law enforcement
and limiting the damage these 4) Economic opportunity: agencies must determine what moti-
groups can do to society. Gang members motivated vates the gang’s members and how
by this consideration alone the gang leadership maintains au-
GANG MIGRATION thority over, and loyalty from, its
probably would become
How does the idea of establish- involved in criminal activity members.
ing a gang spread? Where do aspir- anyway. Finding it hard to At present, the most visible
ing members get information on draw away from the lifestyle, criminal street gangs operate in the
how to form and structure the gang? but due to a lack of loyalty nation’s inner cities. When depicted
Must gang members follow certain for the group, they often by either the news media or the en-
rules? How does a potential leader will provide authorities with tertainment industry, these groups
pick and recruit followers? Are information in exchange have almost exclusively young
there role models in this subculture? for some personal benefit. black or Hispanic males as mem-
To understand the gang subculture, bers, often portrayed as violent and
law enforcement officers, school prosperous because of their in-


administrators, social workers, and volvement in the drug trade. In real-
parents must become familiar with ity, not all street gangs are involved
the basic concepts that these ques- A new street gang heavily in drug trafficking; very few
tions address. often will form because street gang members are prosper-
young people have ous; and no shortage of white male
Who Joins a Gang? gang members exists in inner-city,
an interest in the
Not all street gangs exist to sell gang lifestyle and suburban, or rural areas. Moreover,
drugs or commit criminal acts. In- females often join the gang subcul-
stead, young people normally seek will look for sources ture for the same reasons males do.
gang involvement for some combi- of information. They may link themselves to a
nation of the following five reasons: male-dominated gang, or, in some


1) Structure: Youths want to cases, form their own associations.
organize their lives but lack The urban legend about prosperity
5) Excitement: This often has grown, however, and many
the maturity to do so on their
represents a motivation for young people see the street gang
own. The gang provides rules
suburban and affluent youths. as a method of achieving both
to live by and a code of
Gangs composed of these financial and social success. Unfor-
conduct.
types of individuals usually tunately, a few gangsters involved
2) Nurturing: Gang members have very fluid membership, with street gangs are successful,
frequently talk of how they with associates joining and both financially and socially. They
love one another. This remains leaving to be replaced by become role models to less fortu-
true even among the most others with a passing interest. nate young people who are short-
hardened street gangs. These Few young people that enter sighted and fail to realize the danger
young people are trying to fill into the gang subculture do so for and the damage criminal gang activ-
a void in their lives by substi- evil or criminal reasons. They are ity can do to them, their families,
tuting the gang for the tradi- looking for something that they feel and their neighborhoods.
tional family. is lacking in their lives. For this
3) Sense of belonging: Be- reason, gangs can form in any city, How Do Gangs Spread?
cause humans require social town, neighborhood, or region. No Criminal street gangs can
interaction, some young hard-and-fast rule says that all gang spread by what some have labeled

4 / FBI Law Enforcement Bulletin


Some Gang Web Sites
Gangs and Security Threat Group Awareness: http://www.dc.state.fl.us/pub/gangs/index.html
Created and maintained by the Florida Department of Corrections, this Web site contains informa-
tion, photographs, and descriptions on a wide variety of gang types, including Chicago- and Los
Angeles-based gangs, prison gangs, nation sets, and supremacy groups from many parts of the
United States.

Gangs or Us: http://www.gangsorus.com


A comprehensive Web site that offers a broad range of information, including a state-by-state
listing of all available gang laws, gang identities and behaviors applicable to all areas of the United
States, and links to other sites that provide information to law enforcement, parents, and teachers.

Southeastern Connecticut Gang Activities Group (SEGAG): http://www.segag.org


A coalition of law enforcement and criminal justice agencies from southeastern Connecticut and
New England, this group provides information on warning signs that parents and teachers often
observe first, along with a large number of resources and other working groups that are part of
nationwide efforts to contain gang violence.

the “imperialist method.” A large arise from this type of gang move- benefit—the locals get a depend-
street gang will dispatch members ment. First, surviving gang mem- able supply of product, and, in this
to start a chapter in a new city or bers in other locations will, after example, the Four Corner Hustlers
neighborhood to further some form modifying their methods, move to realize a profit with minimal risk.
of criminal activity. For example, in fill the void left by those arrested. Most prevalent in drug-dealing en-
1999, the Indianapolis Safe Streets Second, local residents who were terprises, franchising also can in-
Task Force concluded a multiyear either gang members or associates volve such crimes as theft, forgery,
investigation of a drug-dealing gang will recreate the operation to take or fencing stolen goods.
called the New Breed. This gang advantage of the available profits. A new street gang often will
arrived as an established enterprise Presently, both of these situations form because young people have an
from Chicago and only allowed lo- may be occurring in Indianapolis. interest in the gang lifestyle and will
cal residents to fill lower levels of Another way an established look for sources of information. If
the organization. Members would street gang can spread its influence possible, the curious will find
rotate between Chicago, Indianapo- can be referred to as “franchising.” someone who was, or claims to
lis, and at least six other cities. The Often done to realize a profit from have been, a gang member in an-
group had a set of rules and a belief criminal activity, this method calls other location (e.g., a young person
system, which they brought with for an existing gang to contact local who recently moved into the area
them. At the conclusion of the in- residents and recruit them into the from a city, such as Chicago or Los
vestigation, 15 gang members enterprise. If, for example, a Chi- Angeles). This person now be-
were charged with federal drug cago-based gang, such as the Four comes the resident “gang expert,”
trafficking offenses, based on Corner Hustlers, develops contacts and the gang will shape its structure
crimes committed in Indianapolis. that they trust in Indianapolis, they and rules by this person’s informa-
Numerous New Breed members op- may work an arrangement to supply tion. In addition, gang members and
erating in other cities were unaf- drugs in exchange for a substantial their associates watch movies and
fected by this case.7 Two problems share of the profits. Both groups television programs depicting gang

December 2001 / 5
life from which they convert infor- The Four Nations The Indianapolis Connection
mation for their purposes. Conver- In the 1980s, West Coast black In Indianapolis, the West Coast
sations with former gang members gangs formed two loose confedera- message from the Crip and Blood
revealed that they also viewed tele- tions—the largest, the Crips, and Nations arrives through a variety
vision news reports, read news sto- their rivals, the Bloods. Contrary to of mediums. Evidence shows that
ries, and watched reality-based tele- what many believe, there is neither a few California area gang mem-
vision programs to see how gangs one Crip nor one Blood gang. bers have migrated to Indianapolis.
in other places operated. Finally, Rather, numerous sets of each have Authorities speculate that these
the Internet represents an important joined together to either protect gangsters came to the city to spread
source for emerging gangs. Simply themselves or facilitate their crimi- their illegal enterprises. However,
by searching the word gang, the in- nal activities. These represent two officials have not documented this
quirer can receive a wealth of Web of the Four Nations. The other two nor have they determined if the
sites, as well as several chat rooms originate from Chicago. In the late gangs sent these people to the
for gang members. Such numerous 1970s, a very large criminal street Midwest or if the gangsters are act-
and varied sources, many of which gang, known as the Gangster Dis- ing from personal interests. The
give conflicting information, ac- ciples, formed a coalition with sev- more common means of transmis-
count for the wide diversity in street eral other street gangs to maximize sion for West Coast ideas and
gang structure and methods of models come from the entertain-
operation. ment industry, including music art-


ists who encourage violence and
GANG STRUCTURE gang values; movies glorifying
Just as there are numerous gangs and their lifestyle; and books,
gangs for aspiring gangsters to imi- The gang problem television programs, the Internet,
tate, uncounted sources of informa- is not an exclusive and the news media all publicizing
tion exist on how to establish, struc- law enforcement the gang subculture.
ture, and rule a street gang. East Many Indianapolis residents
Coast and Hispanic gangs generate
problem nor can look to Chicago for important le-
some interest, but the dominant in- police deal with it gitimate influences, such as busi-
fluences in the Midwest are from in a vacuum. ness, cultural pursuits, and sports
the West Coast, especially Los An- teams. Many people have friends


geles, and from the Chicago area. and relatives living in the Chicago
Observers also will encounter other area and frequently travel between
types of criminal gangs throughout the cities. With these active meth-
the area, including prison groups, drug profits and protect their mem- ods of communication present, in-
outlaw motorcycle clubs, as well as bers from violence perpetrated by formation concerning the gang sub-
Asian criminal enterprises and eth- rivals. The consolidation called culture often occurs by word of
nic street gangs. Perhaps, the most itself the Folk Nation. Other gang mouth. The closeness enables Chi-
recognizable of these latter sets are sets in Chicago felt the need to form cago gangs to exert a measure of
the outlaw bikers because of their an alliance to ensure their share of control over some of those operat-
attire, community activities, and the drug market. Led by the Vice ing in Indianapolis. For these rea-
Web sites. However, their sophisti- Lords and the El Rukins, this band sons, the Folk and People Nations
cation and secretive nature con- dubbed themselves the People Na- dominate the Indianapolis gang
cerning their operations and struc- tion, thus creating the big four street landscape, confirmed by area street
ture prevent the average street gang gang nations, in no particular order gang graffiti almost exclusively
member from obtaining enough in- of influence, the Crips, Bloods, composed of Chicago-area gang
formation to imitate them. Folks, and People. names and symbols.

6 / FBI Law Enforcement Bulletin


GANG PREVENTION question then becomes how can a lifestyle. These alternatives should
AND INTERVENTION gang be effectively dismantled or vary and include educational pro-
Before addressing ways of han- controlled? More important, par- grams, social interaction, recre-
dling the gang problem or prevent- ents, teachers, law enforcement ational activities, and employment
ing the formation of such groups, officials, and social workers want to opportunities. Obviously, the provi-
authorities need to determine the know how to discourage young sion of these services will take co-
prevalence of gangs in America and people from joining a gang and how operation among families, local
whether their number is on the rise. to disengage them from the gang schools, government-funded social
However, for a variety of reasons, it subculture once they become services, area businesses, religious
is difficult, if not impossible, to involved. organizations, and other neighbor-
prove that criminal street gang ac- hood resources.
tivity is on the increase in the Prevention Methods Unfortunately, most communi-
United States. Confusion results An educated group, with di- ties do not become interested in
from the lack of a clear definition of verse talents and responsibilities, gang prevention until one or more
what constitutes a gang, past and working together constitutes the gangs appear in the area. Because
present denial by both law enforce- first ingredient to an effective gang parents and teachers usually have
ment and other officials about gang prevention program. The gang the first interaction with new gang
activity, no baseline data to deter- problem is not an exclusive law en- members and their sets, they need
mine what gangs did in the past, and forcement problem nor can police to educate themselves on what
a myriad of reporting problems. deal with it in a vacuum. Important signs and behavior changes indicate
Several sources suggest that gang gang membership. Police need to
activity declined in the 1970s. The be aware of the indicators and the
basis for this claim appears to rest types of criminal activity of local
with the lack of information pub- gang sets. They must scrutinize
lished on gangs during that decade. incidents involving gangsters to see
Without a standardized reporting if arrests or enhanced charges based
system, it proves impossible to ac- on criminal gang activity are appro-
curately determine the level of priate. Officers need to alert pros-
gang activity. What is observable, ecutors when a gang member is
however, is the growing public arrested or if a crime is gang re-
appetite for information on crime, lated. Prosecutors then have the
in general, and gangs, in particu- necessary tools that will enable
lar. For example, a 5-year study them to effectively present the case
(1990 through 1994) conducted in to the court. Sentencing for those
Rochester, New York, attributed 86 gangsters convicted of crimes can
percent of youth violence in that include orders forbidding associa-
city to individuals involved with the factors that influence people to en- tion with other gang members,
gang subculture. The same study ter the gang subculture are not en- counseling designed to discourage
contended that gangs controlled the forcement issues. Boredom, a need gang participation, anger control
majority of drug trafficking within for attention, a desire for structure, classes, and, when appropriate,
and the yearning to feel important drug counseling.
9
Rochester. Gary and other Indiana
cities advance the same theory. 8 are not areas that police have the
Upon considering these responses, tools to deal with effectively. Intervention Strategies
it becomes clear that gangs are a Society must provide young people Law enforcement agencies
real problem, even though the ac- with meaningful alternatives that must structure their efforts to com-
tual extent remains unknown. The will draw them away from the gang bat active criminal street gangs

December 2001 / 7
based on the targeted gang set. No identifying the problem (scanning), training programs geared to meet
program imported from another the planners must decide what com- the needs of different audiences are
agency will prove effective without bination of ideas will be most effec- available. Funding sources can
modification. Each gang set has a tive (analysis). Implementation of sometimes be found to provide
different level of member dedica- the plan follows (response). The training for educators and officers.
tion based on how strongly mem- last step (assessment) is not de- For example, Indiana schools have
bers have bought into the belief sys- signed to be the final ingredient in a small amount budgeted for train-
tem that provides the basis for the the plan. The planners must review ing to help stop school violence,
gang. No two criminal street gangs what approaches were used, what and some law enforcement grants
commit exactly the same crimes. worked, what did not work, and provide training for officers in-
Police need to make cases based on then decide if the problem was re- volved with gang investigations.
the offenses in their jurisdiction and solved. If the problem was not re-
not try to follow another agency’s solved, the planners go back to the CONCLUSION
success story too closely. Police ad- original step and start over. Agen- No city, town, or neighborhood
ministrators must keep in mind that cies can complete this process as is totally immune from the threat of
the experts on area gangs are the many times as necessary until the gangs. The first step in prevention is
uniform officers and detectives who gang ceases to be a problem. for those in authority to study the
deal with them on a day-to-day ba- underlying reasons for gang forma-
sis. To develop an effective plan, tion—structure, nurturing, need to


the intelligence possessed by de- belong, economic opportunity, and
partmental personnel represents a excitement. If communities meet
vital component. To learn how to Society must provide these needs, gangs will have a hard
apply the information already in time establishing a foothold. How-
their possession, managers need to
young people ever, once gang involvement is sus-
study the psychology behind gang with meaningful pected, authorities must take time to
membership. Officers then should alternatives that will study the situation to determine the
review a number of different suc- lead them away from extent and type of problem they
cessful programs to gain ideas on the gang lifestyle. need to deal with. A variety of so-
what might work for them. cial and law enforcement agencies


The first step in planning a re- need to become involved in the dis-
sponse is to determine if there is a cussion process from the beginning.
problem. A group of young people Police and community members
who decide to call themselves a In addition to law enforcement need to arrive at a consensus of how
gang and then engage in disruptive intervention, the entire social struc- serious the gang problem is and
behavior in the classroom, but stop ture must deal with the underlying then work together to combat any
short of criminal activity, are not issues. A working partnership must criminal activity.
yet a police problem. Due to recent form to handle the problems faced The police must act as the point
events around the country, how- by the youthful offenders who make group to bring an operating criminal
ever, some school officials may up the gang. Many informational street gang under control. Officers
panic and request police interven- sources exist that can provide guid- must target the gang in a variety of
tion. The law enforcement agency ance on where and how to deal with ways, including the criminal activi-
must identify what they are dealing the criminal street gang member. ties normally associated with the
with. The working group would do well gang. Less apparent, but just as im-
One popular method employed to investigate as many sources as portant, is the need to deal with
by many agencies is the SARA possible, including the Internet, other criminal and antisocial
technique: scanning, analysis, government reports, news stories, actions on the part of gang mem-
response, and assessment. After and other publications. A number of bers. Officers also should develop

8 / FBI Law Enforcement Bulletin


strong working relationships with Endnotes 5
Lieutenant Colonel W.H. Sleeman,
Report on Budhuk Alia Bagree Decoits and
prosecutors and probation officers 1
The author based this article on his Other Gang Robbers by Hereditary
so that, when arrested, gang mem- experience investigating gang-related cases and Profession and on the Measures Adopted by
bers receive special attention and on information he and his fellow officers have the Government of India for Their Suppres-
appropriate sentences. Finally, a gathered for presentations to the law enforce- sion (Calcutta, India: J.C. Sherriff, Bengal
ment community and the general public, Military Orphan Press, 1849).
standardized reporting system to contained in a department training guide. 6
Frederic M. Thrasher, The Gang: The Full
capture the true extent of gang ac- 2
Weed and Seed has existed since 1991 as a Original Edition (Peotone, IL: New Chicago
tivity in America remains a goal comprehensive effort between law enforcement School Press, 2000).
that all concerned citizens should and health and human services to prevent and 7
David M. Allender, “Safe Streets Task
deter crime in high-risk areas. COPS began as Force: Cooperation Gets Results,” FBI Law
work toward. Protecting this a 6-year, $9 billion federal initiative designed Enforcement Bulletin, March 2000, 1-6.
nation’s youth from the dangers of to spur the hiring of more police and promote 8
U.S. Department of Justice, National Drug
gang involvement requires the ef- community policing. Intelligence Center, National Street Gang
fort of all facets of the society. If 3
The state motto of Indiana. Survey Report (Johnstown, PA, 1998).
4
Indianapolis, the capital of Indiana, has a 9
Lisa A. Regini, “Combating Gangs: The
America’s heartland is facing the population of approximately 750,000 and hosts Need for Innovation,” FBI Law Enforcement
threat of gangs, the entire country is the annual Indianapolis 500 auto race, Bulletin, February 1998, 25-31.
at risk. considered the largest 1-day event in the world.

Crime Data

Serious Crime Figures Remain Relatively Unchanged


A ccording to preliminary statistics released by
the FBI’s Uniform Crime Reporting (UCR)
Program, the Crime Index, composed of murder,
Crime Index total with declines of 2.4 percent and
1.1 percent, respectively. In the West, a 1.1
percent increase was registered and a 1 percent
forcible rape, robbery, aggravated assault, bur- increase was noted in the South. A comparison of
glary, larceny-theft, and motor vehicle theft, was 2000 and 1999 data showed that violent crime fell
relatively unchanged from 1999 figures. 1.7 percent in the Northeast and 0.7 percent in the
Compared with data from the previous year, Midwest. A 1.2 percent increase in violent crime
these preliminary figures indicate that violent was recorded in the West and an increase of 0.7
crime totals remained relatively unchanged with percent in the South. In both the South and the
an increase of 0.1 percent, and property crime West, a 1 percent increase in property crimes was
totals showed virtually no change. noted.
In the violent crime category, murder de- Among cites, those with populations of 50,000
clined 1.1 percent and robbery registered a 0.7 to 99,999 registered the largest decrease, 1.1 per-
percent decrease. Forcible rape and aggravated cent, in Index crime. Cities with populations of
assault figures indicated an increase of 0.7 25,000 to 49,999 and 100,000 to 249,999 recorded
percent and 0.4 percent, respectively. In the the greatest increase, 0.5 percent. Compared with
property crime category, burglary decreased 2.1 the 1999 figures, data for 2000 showed that the
percent from 1999 figures. Motor vehicle theft Crime Index increased 0.7 percent in suburban
increased by 2.7 percent, and larceny-theft counties and decreased 0.8 percent in rural
increased 0.1 percent when compared to 1999 counties.
data. Arson registered a decline of 0.6 percent. For the complete preliminary annual Uniform
Regionally, law enforcement agencies in the Crime Report press release, access the FBI’s Web
Northeast and Midwest reported decreases in the site at http://www.fbi.gov.

December 2001 / 9
Focus on Technology
FBI Laboratory Publications The Handbook is divided into five sections.
By Colleen Wade, M.L.S. 1) “Introduction” details the availability of the
laboratory services, which include forensic
examinations of evidence and expert witness
testimonies.
2) “Evidence Submission” lists the procedures
required to request evidence examinations and to
package and ship evidence to the laboratory.
3) “Examinations” describes the types of evidence
examinations provided and specific evidence
collection and preservation techniques.
4) “Crime Scene Safety” provides familiarity of
the hazards, safety precautions, and safe work
practices. This section also provides training on
applying these principles.
© PhotoDisc
5) “Crime Scene Search” outlines the steps
necessary to process a crime scene.

T he FBI Laboratory’s Forensic Science Informa-


tion Resource System staff writes, edits, and
publishes information to foster communication
The Handbook is available in—
• a pocket-sized paper format;
• a CD-ROM format; and
between international forensic scientists; to provide • an on-line format that may be viewed on the FBI
forensic science information to law enforcement, Web site at http://www.fbi.gov/programs/lab/
crime scene investigators, legislators, and the general handbook/intro.htm.
public; and to promote the work of the personnel in
Copies of the paper and CD-ROM versions of the
the FBI Laboratory.
Handbook of Forensic Services may be purchased by
Three of the publications include the Handbook
referencing number S/N 027-001-00080-7 and con-
of Forensic Services, Forensic Science Communica-
tacting the Superintendent of Documents at—
tions, and the FBI Laboratory 2000. These publica-
tions may be viewed on the FBI Web site (http:// U.S. Government Printing Office
www.fbi.gov). Between April 1, 2001, and June 30, P.O. Box 371954
2001, Forensic Science Communications received Pittsburgh, PA 15250-7954
13,176 visits while the Handbook of Forensic Ser- Telephone: 202-512-1800; Fax: 202-512-2250
vices incurred 27,675 visits. The FBI Laboratory Web site: http://www.bookstore.gpo.gov
2000 has had 7,670 visits since it was uploaded on
May 29, 2001. Forensic Science Communications
Forensic Science Communications (FSC) is an on-
Handbook of Forensic Services line, peer-reviewed forensic science journal published
The Handbook of Forensic Services (formerly quarterly by FBI Laboratory personnel. This journal is
the Handbook of Forensic Sciences) was rewritten a means of communication between forensic scien-
and published in 1999. The purpose of the Handbook tists, permitting information of value and interest to
is to provide guidance and procedures for safe and be rapidly disseminated among scientists and other
efficient methods of collecting and preserving evi- interested persons.
dence and to describe the forensic examinations FSC may be viewed free on-line at http://
performed by the FBI Laboratory. www.fbi.gov/programs/lab/fsc/current/teaser.htm. To

10 / FBI Law Enforcement Bulletin


The FBI Laboratory is scheduled to move into this new,
463,000-square-foot facility at the FBI Academy in
Quantico, Virginia, in June 2002.

receive notification when quarterly issues of FSC are • “Meetings and Job Opportunities Sections”:
posted, contact the staff by e-mail at labfsc@fbi.gov. Information about professional meetings and
The July 2001 issue of FSC contains four re- job opportunities in forensic science may be
search articles, guidelines for two scientific working submitted to the staff by e-mail at labfsc@fbi.gov
groups, an update of FBI forensic training, lists of for posting in FSC.
meetings and employment opportunities, and a links Manuscripts and other information relating to the
feature. Instructions for submitting manuscripts may journal may be sent to:
be viewed at http://www.fbi.gov/hq/lab/fsc/current/
Dr. Dwight E. Adams, Editor
instaus/htm.
Forensic Science Communications
Submissions to FSC may be in the following
Federal Bureau of Investigation
forms:
J. Edgar Hoover Building, Room 3865
• “Letter to the Editor”: A brief communication 935 Pennsylvania Avenue, NW
presenting new technical information, discussing Washington, DC 20535-0001
a previously published paper, or requesting Fax: 202-324-4323
information. E-mail: labfsc@fbi.gov
• “Review Article”: A basic introduction and
overview of new scientific methods and areas of FBI Laboratory 2000
forensic research or interest. The FBI Laboratory’s report for the year 2000
• “Research Paper or Feature Article”: An in-depth highlights several laboratory initiatives and outlines a
discussion of current methods and specific vision to guide future efforts to provide the broadest
aspects of various procedures or instrumentation. range of scientific and technical services to the law
enforcement community. As with any summary,
• “Technical Article”: A step-by-step description of however, this report presents merely a glimpse of the
specific analytical procedures, detailing the mate- laboratory’s full range of capabilities and the accom-
rials and methods used and evaluating the results. plishments of its dedicated staff. The FBI Laboratory
• “Technical Note or Case Report”: A new applica- 2000 may be viewed on-line at http://www.fbi.gov/hq/
tion of an existing technique or instructive lab/labannual00.pdf.
findings in an unusual case.
Ms. Wade works as a managing editor for the Forensic
• “Book Review”: A summary and analysis of a Science Training Unit of the Laboratory Division at FBI
book or publication. Headquarters in Washingon, D.C.

December 2001 / 11
Notable Speech
Responding to Terrorism successes. An example, perhaps, would be 2 years
By FBI Director Robert S. Mueller III ago when we foiled a plot to blow up a gas tank in
Sacramento, perhaps saving as many as 12,000 lives.

A s Mayor Marc Morial indicated, I started as


FBI director on September 4. More than
one person has come up to me and said, “You had
But, historically, we have been better at tracking down
terrorists after the fact than at stopping them in their
tracks before they strike. We have, in the past, not
always aligned our resources, our strategies, and our
a relatively short honeymoon.’’ That would be skills specifically toward prevention, to the degree that
accurate. they are now so aligned.
Before I go further, I thank you for your leader- A few weeks ago, we established at FBI head-
ship—Mayor Morial of New Orleans, Louisiana; quarters a terrorist prevention task force made up of
Mayor Menino of Boston, Massachusetts; Mayor representatives of a dozen different agencies. Its goal
Garner of Hempstead, New York; and Executive is to identify and stop future terrorists acts with
Director Cochran of the U.S. Conference of May- proactive investigations and to attempt to predict and
ors—for having the foresight and the wisdom to call to prevent future scenarios. The work of this group,
this important meeting and for giving me the opportu- for example, led us to heighten sensitivities on crop
nity to join with you today. dusters in the latter part of September. We have had
I thank all of you for the outstanding leadership in the past and do today have 35 joint terrorist task
that you are providing to your cities and to our coun- forces located in your cities and in other cities across
try. At this pivotal—I think it is fair to say—moment the country. Those task forces are working hard to
in history, you have been towers of strength in your gather intelligence and pursue any hint of a lead that
communities. Particularly, I thank you for the extraor- might help us identify terrorists or their associates.
dinary support, cooperation, and guidance that you We also have beefed up our resources overseas,
have provided to the FBI during these past 6 weeks. where many of the leads have taken us and where
This morning, I want to let you know how deeply we’re getting some outstanding cooperation from
committed the FBI is to working with you to ensure Great Britain, Germany, France, Spain, and a number
the safety and security of your communities now and of other countries.
in the future. The FBI is pouring its heart and soul into We also are working with you and other col-
the investigation of the September 11 attacks. Every leagues at the federal, state, and local level to shore up
resource that can be deployed is being deployed.
Every person who can be utilized is being utilized. We
now have well over 7,000 FBI personnel involved, and
that’s about 1 in 4 of our employees. We are examin- Director Mueller delivered
ing every scrap of evidence. In fact, we have gath- this speech at the Mayors
ered, sometimes working on hands and knees in the Emergency, Safety, and
rubble and mud of crash sites, more than 3,700 Security Summit, U.S.
Conference of Mayors in
separate pieces of evidence. This is easily the largest Washington, D.C., on
and most comprehensive investigation in our history. October 24, 2001.
Beyond the investigation itself, our overriding
priority right now is prevention, making sure that
terrorists do not succeed in striking America and
America’s cities again. Now, it may well be overly
optimistic to think that every single attack can be
prevented. But, we can certainly give it everything we
have got, and that is exactly what we are doing.
We at the FBI are not new to prevention. With
your help, over the last few years, we have had

12 / FBI Law Enforcement Bulletin


security at critical public events and to protect critical work together. Law enforcement, quite simply, is only
infrastructures, like water and transportation systems. as good as its relationships.
We are assessing threats in real time and providing These past 6 weeks have given me a good
warnings to your cities and to the nation. I must tell opportunity to see how well our FBI supports you and
you that the threat level remains very high. More your cities, and I have seen encouraging signs. I know
attempts and possible attacks are a distinct possibility. that many of our special agents in charge, or SACs,
This possibility requires all of us to continue walking are reaching out and keeping you involved and in-
the fine line of staying alert on the one hand, without formed. But at the same time, I heard that there are
causing undue harm on the other hand. some areas where lines of communication are not as
Clearly, we are deeply con- open as they should be, where we
cerned about the growing wave of are keeping you at arm’s length,
anthrax attacks and related inci- and where we are not affording
dents. At this point, it is not clear if
the few confirmed anthrax expo-
sures were motivated by organized
terrorism, but these attacks were

...I want to let you
know how deeply
committed the FBI is
you the
deserve.
level of support you

As soon as I heard of these


issues, I reached out to key law
clearly meant to terrorize a country to working with you enforcement leaders and asked
already on the edge. We are to ensure the safety them to educate me on their issues
responding swiftly to each and and security of your and their concerns. I asked them to
every incident. By way of back- communities.... give it to me straight, and they did.
ground, we usually are involved in Building on these initial conver-
250 assessments and responses
relating to weapons of mass
destruction a year. We have had
more than 3,300 in just the past 3 weeks alone, tional

Association
sations, I held a series of
last week with representatives of
the major city chiefs, the Interna-
of
meetings

Chiefs of Police, and the National


including 2,500 involving suspected anthrax incidents. Sheriff’s Association, and along with the attorney
Even though most turn out to be false alarms or general, had met with a number of other similar law
hoaxes, we are taking each report seriously, as I know enforcement associations. The meetings were helpful,
each of you in your cities are doing also. And, those open, candid, and, I think, productive.
who are pulling pranks and hoaxes won’t find our What we heard will likely be familiar to many of
severe response to those all that funny. you. We heard that the FBI is not always calling on
Our work in these investigations, of course, has your local police professionals to track down leads;
been supported at every turn by you and your col- that we are sometimes not following up quickly
leagues across the nation, as well as by a host of enough on leads that come to us that involve your
federal, state, and even international partners. From cities; that you need information digitally, if at all
the first moment that I joined the FBI several weeks possible; that the FBI is not giving you specific enough
ago, one of my highest priorities has been to improve information on threats; and that we are even withhold-
our working relationship with you, with elected ing information.
leaders, and with law enforcement partners around the Let me clarify the last point, the point about
world. And, the events of September 11 have only specific information on threats and withholding
strengthened my resolve in that regard. From my information. The FBI is not withholding significant
experience, I am now even more convinced that no information due to security concerns. The fact is
one institution is strong enough to tackle the challenge much of the information we have can be released to
of terrorism alone. No one agency or entity at any law enforcement. But, the fact is also that often, on
level, whether it be federal, state or local, has the most occasions, our information is simply not as
length or the breadth of talent and expertise. We must specific or developed as we would all like it to be.

December 2001 / 13
One issue that has come up is our ability to These are some initial first steps and more will
distribute to your law enforcement agencies what we follow. Some issues may need to be addressed
call the watch list. The issue was raised as to why it through legislation. As we move through this process,
could not be put into NCIC and distributed to you I only ask that you please bring any problems or issues
digitally. We now have done that. We have added that to our attention. I want to know what you’re experi-
watch list to the National Crime Information Center encing, how the FBI is treating you, and you can be
list, or NCIC. But, by the same token, we often do not assured that we will, and I will, respond.
have much more than names or aliases. As we get In the coming months, we will continue our work
confirmed photos or other information, we will add to strengthen and modernize the FBI. We had some
them to the system. changing to do before September 11, and that need
There is another point I do has only intensified since the
have to emphasize, and that is, tragedy of that date. We at the
when it comes to the electronic FBI, as well as state and local law
arena, the FBI often is far behind enforcement, clearly have got to
you and your colleagues. Overhaul-
ing our electronic infrastructure is a
major priority for us, one that we
are addressing now.
“ Together, I am
confident that we
can keep our cities
become more proactive and more
prevention oriented. We need to be
able to look down the road 5 or 10
years and gauge what is coming
Beyond these few clarifica- safe and strong and and start adapting now. We have
tions, I must say that many of the continue to make got to look closely at our skill sets
concerns that I have heard were our country a to see if they are tracking where
valid, and we are stepping forward shining example of we need to be to cope with the
to address them. I have asked the freedom for the 21st century and crime in the 21st
special agents in charge in cities world. century. We have got to rebuild our
where we do not already have a electronic infrastructure and
joint terrorism task force to get one
up and running quickly. While these
task forces are not a panacea, they do break down
stereotypes and communications barriers, more
” digitize our information systems.
And, of course, we have got to
continue building a stronger, more seamless, and more
supportive relationship with you and with law enforce-
effectively coordinate leads, and help get the right ment and with emergency responders nationwide.
resources in the right places. These are my priorities for the coming months,
In short, they are an excellent tool for melding us and I welcome any advice and insight you might have.
together in ways that make information sharing a non- I welcome and appreciate your continuing support. As
issue. I have also asked the SACs to coordinate leads difficult and as trying as these times are, I have a
with local law enforcement wherever and whenever great deal of confidence and optimism about the
possible. I have invited law enforcement leaders to future. We will get through this challenge as we’ve
identify individuals, two or more, who can work with gotten through every other. We will get through it by
us in our Strategic Command Center at FBI headquar- leaning on each other, by falling back on our bedrock
ters on the national investigation. And, I have asked values, and by tapping into the deep reservoir of
that representatives be added to our prevention task determination, strength, and courage that exists
force. I also am exploring with the leaders of law throughout America. Together, I am confident that we
enforcement the possibility of establishing a working can keep our cities safe and strong and continue to
group composed of officials from the FBI and local make our country a shining example of freedom for
law enforcement that could identify other specific the world. I thank you and bless you and the cities for
issues and find workable solutions. which you are responsible.

14 / FBI Law Enforcement Bulletin


Book Review

Controversial Issues in Policing by James issues include police pursuits, where a major
D. Sewell, Allyn & Bacon, Needham Heights, department reduced its pursuits by 82 percent
Massachusetts, 1999. after adopting a “violent felony only” pursuit
In a comprehensive and straightforward policy, and a critical review of law enforcement’s
approach, Controversial Issues in Policing paramilitary structure.
presents debates on 15 critical issues facing every Readers will find the book thought provoking,
U.S. law enforcement agency. These debates with evolution and devolution on the information in
come from professional practitioners and acade- the debates that prove appropriate to today’s law
micians, who are among the world’s most presti- enforcement society. Members of the law en-
gious, knowledgeable, and experienced contri- forcement community and other sectors of the
butors, serving in direct and associated law criminal justice system should keep an open mind
enforcement positions with different backgrounds as to what the contributing experts present
and perspectives on the issues that personnel through the debates and their rejoinders of the
encounter. issues. These readers should seize the opportunity
On presenting the issues and professional to review and use, as appropriate, the key infor-
assessments, each debate consists of an introduc- mation presented in the debates and rejoinders to
tory note by the editor followed by an initial assist in initially developing, or strengthening
debate discussion, with a “yes and no” response existing, departmental policies, procedures, and
on the issue, and two subsequent rejoinders to the practices to help in overall improvement.
previous practitioner and academician writing the Controversial Issues in Policing presents
debate response. The rejoinders are supported by “hot-button” issues that will appeal to a diverse
penetrating questions—some answered, some left audience, including most levels of the criminal
for agencies to answer—and a conclusion section justice community. Interested readers could range
on each critical debate. All of the issues contain from street officers and their ranking personnel,
key information, and many apply directly to law attorneys, legislators, and members of various
enforcement. national associations to graduate and undergradu-
The author divides the book into four main ate university programs and training curriculum
parts. The first part addresses issues of law developers at local, state, and federal law enforce-
enforcement agencies and their legal framework, ment academies. Overall, the book contains a
involving the Fourth Amendment and the Exclu- multitude of professional information on critical
sion Rule, civil and criminal forfeiture of property, issues in policing.
and a police officer bill of rights. Part two places
emphasis on police executive contracts and
whether law enforcement officers need a college Reviewed by
degree. The third part entails the issues of ethical Larry R. Moore
problems in policing, the paramilitary structure, Certified Emergency Manager
and police agencies and pursuits. The last part International Association
deals with community-oriented policing, citizen of Emergency Managers
review boards, and the media. Two prominent Knoxville, Tennessee

December 2001 / 15
Legal Digest

Military Support of Domestic


Law Enforcement
Operations
Working Within
Posse Comitatus
By DAVID G. BOLGIANO, J.D.

© Mark C. Ide

M ilitary support of domes- be familiar with some of the legal


Whoever, except in cases and tic law enforcement, es- restrictions imposed on this support
under circumstances expressly pecially in the counter- by, most notably, the Posse Comita-
authorized by the Constitution or tus Act (PCA).
drug arena,2 has steadily increased
Act of Congress, willfully uses
over the past 20 years despite the There are specific circum-
any part of the Army or Air Force
as a posse comitatus or other- ominous-sounding penalties of stances when the military may be
wise to execute the laws shall the Posse Comitatus Act of 1878 called upon to directly perform do-
be fined under this title or impris- that created a general prohibition mestic law enforcement duties.
oned not more than 2 years, or against using military personnel in Generally, this occurs when the
both. civilian law enforcement. In light military responds under any of the
—Posse Comitatus of the recent terrorist attacks on various civil disturbance statutes in-
Act of 18781 America, this support undoubtedly voked by the president to support a
will increase. Local, state, and fed- request from a state, enforce federal
eral law enforcement communities authority, or protect constitutional
should be aware of the most com- rights.3 The PCA does not apply to
mon types of military support avail- the use of the military to quell dis-
able to them. They also should ruptions to the public order during

14 / FBI Law Enforcement Bulletin


16
such civil disturbances. Addition- use of federal soldiers in civilian Often times, for instance, when
ally, the military will be called upon law enforcement roles in the South the military support comes from
to provide personnel and equipment during the Reconstruction Period National Guard units acting in their
for certain special support activi- following the American Civil War. Title 32 (state) capacity,6 the PCA
ties, 4 such as domestic terrorist Today, the PCA is viewed as a does not apply, and there is no
events involving weapons of mass prophylaxis against direct military need to perform a PCA analysis.
destruction. This article does not involvement with civilian law This is why the National Command
address the laws implicated under enforcement activities. In other Authority (NCA) directed National
such limited and special circum- words, police officers protect the Guard assets in their Title 32 status,
stances, but reviews potential legal public safety by investigating crimi- rather than active forces, to provide
issues arising out of law enforce- nal activity while the military fights supplemental security at civilian
ment’s interface with the military in the U.S. battles against hostile airports in response to the recent
more common day-to-day missions. enemies. terrorist attacks. Reservists, on the
Law enforcement agencies The PCA, however, does not other hand, are always subject to
most likely will encounter military prohibit all military participation PCA restrictions when performing
support in counterdrug operations, with civilian law enforcement. The their military duty. The first hurdle,
training, disaster assistance, or key to understanding the PCA is to therefore, is determining whether or
search and rescue missions. Some recognize to whom it applies and not the PCA applies to the type or
activities, such as counterdrug op- what military missions it impacts. category of military force lending
erations, are planned. Others arise Law enforcement authorities seek- support. If the military support an
out of some exigency. If time and ing assistance from the military agency receives comes from mili-
circumstances permit, however, it is should understand the PCA and ap- tary units to which the PCA applies,
highly recommended that the law plicable case law, as well as the the agency should take steps to en-
enforcement agencies involved de- implementing regulations pub- sure that the MOU acknowledges
velop a memorandum of under- lished by the secretary of defense this fact and contains provisions
standing (MOU) between them- and the secretaries of the military to preclude potential PCA viola-
selves and the supporting military departments. tions. In weighing the application
department. At a minimum, this
document should state what support
is being provided, who pays for the


support, and the nature and duration
of the support.5
The MOU, as well as the opera- Law enforcement
tional deployments themselves, agencies most likely
should be guided by the legal pa- will encounter military
rameters surrounding such activi-
ties. The first step in defining such
support in counterdrug
parameters is to review the scope operations, training,
and nature of the PCA. disaster assistance,
or search and
UNDERSTANDING THE rescue missions.
POSSE COMITATUS ACT

To Whom the PCA Applies


By enacting the PCA, Congress
sought to terminate the prevalent

Mr. Bolgiano, the senior attorney in the Office of Chief
Counsel of the DEA, also serves as a deputy staff judge
advocate of the 175th Wing, Maryland Air National Guard.

December 2001 / 17
of the PCA, civilian leaders, work- If it is determined that the PCA military personnel is “active” or
ing in conjunction with their mili- applies to the category of military “passive.”14 An example of active
tary counterparts, should consider unit providing support to a law en- participation is a military member
certain factors. forcement agency, the next issue is assuming an undercover role or ef-
The PCA applies to— to understand the limitations on the fecting an arrest. Passive participa-
type and circumstance of the mis- tion is exemplified by the military’s
• active duty personnel in the
sion. In other words, what military conduct of area surveillance or the
Army, Air Force,7 Navy and
operations are covered or pro- providing of transportation or train-
Marines; 8
scribed by the PCA? ing. The more active the military
• armed forces reservists on members’ participation becomes,
active duty, active duty for the more likely such participation


training, or inactive duty for violates the PCA. The second test is
training; whether use of the armed forces
• National Guard personnel in ...National Guard pervades the activities of civilian
federal service (Title 10 personnel serve law enforcement officials. 15 In
status); and in a support other words, are the military mem-
bers expected to perform traditional
• civilian employees of the role to the law police investigative or enforcement
Department of Defense (DoD) enforcement agency. roles? If so, then the PCA may pre-
when under direct command clude such activity. The final analy-


and control of a military sis is whether military personnel
officer.9 subject citizens to the exercise of
The PCA does not apply to— What PCA and DoD military power that is regulatory,
• members of a military service Implementation Regulations proscriptive, or compulsory (a
when off duty and acting in a Proscribe power compulsory in nature is one
private capacity. (Members are that exerts some coercive force).16
PCA and DoD implemention For instance, if the use of the mili-
not acting in a private capacity regulations proscribe direct law en-
when assistance to law en- tary would subject civilians to mili-
forcement assistance, including— tary judicial and administrative
forcement officials is rendered
• interdiction of a vehicle, sanctions, such use probably vio-
under the direction or control
vessel, aircraft, or other similar lates the PCA.
of DoD authorities; 10)
activity;
• members of the National When the PCA Does Not Apply
• a search or seizure;
Guard when not in federal The PCA does not apply when
service; • an arrest, apprehension, stop actions further a military or foreign
• members of a reserve compo- and frisk, or similar activity; affairs function of the United
nent when not on active duty, and States. This sometimes is known as
active duty for training, or • use of military personnel for the “Military Purpose Doctrine.”
inactive duty for training; and surveillance or pursuit of The primary purpose must be to
individuals, or as undercover further the military interest. The
• members of the Coast Guard
agents, informants, investiga- civilians may receive an incidental
during peacetime.11 (Hence,
tors, or interrogators. 13 benefit. Such military purposes
the requirement for the U.S.
There are three separate tests include the following:
Navy in the performance of its
counterdrug missions to have that courts apply to determine • Investigations and other
Coast Guard law enforcement whether the use of military person- actions related to enforcement
detachments board suspect nel has violated the PCA. The first of the Uniform Code of
vessels and effect arrests. 12) test is whether the action of the Military Justice (UCMJ). 17

18 / FBI Law Enforcement Bulletin


• Investigations and other extraordinary circumstances, how- tive component assets. As a general
actions that are likely to result ever, the secretary of defense may rule, using National Guard assets
in administrative proceedings consider exceptions with regard to provides law enforcement agencies
by DoD, regardless of whether actions outside the territorial juris- with greater flexibility. This is true
there is a related civil or diction of the United States. for a number of reasons. Even
criminal proceeding. though federally funded, National
COUNTERDRUG Guard units performing such mis-
• Investigations and other OPERATIONS sions are not in Title 10 (federal)
actions related to the com- Both active component and Na- status, and are not subject to
mander’s inherent authority to tional Guard personnel support PCA.24 National Guard personnel
maintain law and order on a counterdrug operations. This effort conducting counterdrug missions
military installation or facil- is coordinated through the Office of are protected under the Federal
ity.18 Civilians may be de- the Defense Coordinator for Drug Torts Claim Act25 even though they
tained for an on-base violation Enforcement Policy and Support are not in a federal status. By inter-
long enough to determine (DEP&S), located within the Office nal policy, however, National
whether the civilian authorities
Guard personnel still are precluded,
are interested in assuming the
© Wilmore, Kentucky, Police Department except in exigent circumstances,
prosecution.19
from direct participation in arrest-
• Protection of classified ing suspects, conducting searches,
military information or or becoming involved in the chain
equipment. of custody of evidence.26 The fol-
• Protection of DoD personnel, lowing is a list of some, but not all,
DoD equipment, and official of the missions the secretary of de-
guests of the DoD. fense has approved for federal fund-
ing to provide counterdrug support
• Such other actions that are to the National Guard:
undertaken primarily for a • Linguist support provides
military or foreign affairs nonevidentiary transcription/
purpose. translation of audio/video
tapes, seized documents, and
Where the PCA Applies
other information media
The PCA only applies within (active/real-time conversation
the territorial limits of the United of the Assistant Secretary of De- monitoring or direct participa-
States. A 1989 Department of Jus- fense for Special Operations and tion in interrogations is not
tice (DOJ) Office of Legal Counsel Low Intensity Conflict.23 Law en- allowed.
opinion concluded that the PCA forcement agencies are especially
does not have extraterritorial appli- interested in counterdrug support • Communications support
cation. 20 Some courts also have because interagency reimbursement provides personnel to es-
adopted the view that the PCA generally is not required. tablish, operate, and maintain
imposes no restriction on use of Available support differs be- communications stations,
U.S. armed forces abroad, noting tween the active component and the bases, and equipment in
that Congress only intended to pre- National Guard, as do the rules gov- support of law enforce-
clude military intervention in do- erning their use. Generally, local ment agency counterdrug
mestic affairs.21 Note, however, that and state jurisdictions will have operations.
DoD policy22 applies the PCA to all most of their interface with National • Domestic cannabis suppres-
U.S. forces wherever they may Guard assets, while federal agen- sion/eradication operations
be. In the case of compelling and cies primarily will be the link to ac- support.

December 2001 / 19
• Transportation support pro- • Leadership development time to “consult the rules” before
vides transportation (aerial, supports camps, retreats, making an immediate, sometimes
maritime, or ground) of law seminars, and programs not life or death, decision.
enforcement personnel/ primarily associated with The question of whether or not
equipment, persons in law educational institutions that National Guard personnel should be
enforcement custody, seized focus on developing drug armed also is a question to be re-
property or contraband as part abuse prevention leadership solved prior to the beginning of an
of on-going, time-sensitive skills in youth and adults. operation. The adjutant general
counterdrug operations, when (TAG) of each state has the author-
security or other special cir- ity, after conducting a mission risk


cumstances reasonably neces- assessment, to allow support per-
sitate National Guard support. sonnel to be armed. In addition to
the military’s rules and criteria gov-
• Surface reconnaissance Law enforcement erning this decision,27 law enforce-
includes reconnoitering or personnel ment agencies must ensure that
performing area observation always should their leaders are fully briefed on the
by land or water to detect and capabilities, training, and limita-
report illegal drug activities
be present
whenever the tions of the military personnel in
that include cultivated mari- this regard. The MOU should
juana, suspected isolated drug possibility of clarify these issues both to enhance
trafficking airstrips, drug drop an enforcement interoperability and to ensure all
zones, illegal drug laborato- action may arise. personnel understand the restric-
ries, and suspicious aircraft, tions placed on the military mem-


watercraft or motor vehicles. bers. Plainly stated, military mem-
• Aerial reconnaissance con- bers are not to be used as extra
ducts reconnaissance/observa- muscle for raids or as primary back-
tion of airspace, maritime or It must be emphasized that Na- up for any mission. A military
surface areas (land and tional Guard personnel serve in a member’s inherent right of self-de-
internal waterways of the support role to the law enforcement fense in exigent circumstances
United States and its territo- agency. Any operational plan or should not be interpreted as provid-
ries) for illegal drug activities, MOU never should directly in- ing that same member with law en-
which include, but are not volve National Guard personnel in forcement capacity.
limited to, cultivation of traditional law enforcement duties, Active component military
marijuana or delivery of such as arrests, raids, or search and forces generally support federal
illegal drugs. seizures. law enforcement agencies, although
Because states have different the provisions of the National De-
• Educational institution de- legal standards governing the use of fense Authorization Act that pro-
mand reduction support force, it is important to incorporate vide the primary authority for DoD
supports community based the correct rules into any MOU. support to counterdrug operations
activities that focus on educa- Understanding what rules apply is also lends support to local and state
tional institutions, or otherwise critical. More important, these rules agencies. Military assets for the
have an educational institution should be incorporated into training support of counterdrug activities of
as the primary sponsor, and are regimens for the officers, agents, any federal, state, or local agency
primarily designed to educate, and military personnel actually de- are available by request, and such
train, or otherwise prevent ploying. Once involved in an opera- missions are also coordinated
drug abuse. tion, the operators will not have through DEP&S.

20 / FBI Law Enforcement Bulletin


Active component support in- CQC) training, and military opera- collection, analysis, and dissemina-
cludes transportation of personnel; tions in urban terrain (MOUT) ex- tion of domestic counterintelli-
establishment and support of bases ercises. There are limited excep- gence operations. Extreme care
of operations within or outside the tions to this rule, 30 primarily for must be exercised whenever intelli-
United States; counterdrug training; counterdrug and special operations gence information is collected,
command and control assets; the forces. compiled, or disseminated by mili-
detection, monitoring, and commu- Civilian law enforcement agen- tary personnel.
nications of movement of air and cies may, however, use military In addition to the overarching
sea traffic within 25 miles of, but ranges for firearms training.31 Addi- policy concerns protected by these
outside, the geographic boundaries tionally, military personnel are al- rules, the fact remains that the mili-
of the United States; and aerial and lowed to train federal, state and lo- tary generally is not concerned
ground reconnaissance.28 Again, the cal law enforcement personnel in about the preservation of evidence:
military should not be involved in the operation and maintenance of victory in warfare is its primary
direct enforcement duties. Law en- equipment, including equipment concern, not the successful criminal
forcement personnel always should provided to civilian law enforce- prosecution of miscreants.
be present whenever the possibility ment by the military.32 Despite the general proscrip-
of an enforcement action may arise. tion against using military intelli-
© U.S. National Guard gence in domestic support oper-
GENERAL SUPPORT ations, Title 10, Section 371, U.S.
Military assistance other than Code does allow for the transfer of
counterdrug support includes, but is information acquired in the normal
not limited to, military training, di- course of military operations to ci-
saster assistance, and search and vilian law enforcement agencies. In
rescue operations. Although certain other words, if military personnel
restrictions apply to each type of observe suspicious activity during
assistance, the following discussion their normal duties, they may, as
sets forth the dominant areas of any concerned citizen, pass such in-
concern. formation on to the appropriate law
enforcement agency. In fact, the
Training military is encouraged to provide
In order to avoid potential vio- law enforcement officials any infor-
lations of the PCA, the DoD prohib- mation collected during the normal
its its personnel from providing ad- course of military operations that
vanced military training to civilian Intelligence Gathering may be relevant to a criminal viola-
law enforcement agencies. Such In addition to the general pro- tion. Moreover, law enforcement
training includes high-intensity scriptions of the PCA, DoD service officials may accompany regularly
training that focuses on tactics, regulations implementing Execu- scheduled military training flights
techniques, or procedures required tive Order 12333 prohibit military as observers. Further, military intel-
to apprehend, arrest, detain, or seize intelligence personnel from collect- ligence organizations can provide
a criminal suspect when the poten- ing, retaining, or disseminating in- law enforcement agencies with
tial for a violent confrontation ex- formation about the domestic ac- maps, terrain analysis, and damage
ists.29 Again, the focus is on direct tivities of U.S. citizens, resident assessment. These are distinctions
law enforcement-type duties. aliens, or domestic associations or with an important difference. The
Specifically prohibited is any type corporations.33 The FBI, as opposed willful use of the military to gather
of sniper training, close quarters to the military or CIA, is the lead intelligence information within
battle/close quarters combat (CQB/ federal agency responsible for the U.S. borders is impermissible, and

December 2001 / 21
great care must be exercised in the Hurricane Floyd and the Okla- only to incidents near a military in-
planning of joint military-civilian homa City bombing. The Federal stallation and when time does not
law enforcement operations to en- Emergency Management Agency permit approval from higher author-
sure that this does not occur. (FEMA) becomes the lead federal ities. In light of the ever-increasing
agency under such circumstances. advancements in communication
Disaster Assistance FEMA has established a fed- technology, such exigencies have
The president may determine eral response plan for the effective become rare occurrences.
that a natural catastrophe such as delivery of federal assistance as the The use of force during disaster
a hurricane, earthquake, flood, result of any disaster or emergency relief operations can become a sen-
drought, or fire, may warrant disas- declared under the Stafford Act. sitive issue. Disaster relief opera-
ter assistance. Under the Stafford Local and state law enforcement tions, by their very nature, generally
Act, the president may direct fed- agencies’ requests for assistance do not implicate serious force pro-
eral agencies, including the DoD, to are coordinated through a state co- tection issues. Nevertheless, it must
provide personnel, equipment, sup- ordinating officer to FEMA. FEMA, be emphasized that the active duty
plies, facilities, and technical advice or its designee, will determine how military forces rely upon federal, lo-
in support of disaster relief.34 The to fulfill the request. It is important cal, and state law enforcement or
military may be called upon under to recognize and to follow the estab- the National Guard for force protec-
three differing scenarios: 1) a lished chain of command to ensure tion. Local and state law enforce-
presidential declaration of a ment has primary responsibility
major disaster; 2) a presidential for maintaining law and order.
order to perform emergency
work essential for the preser- Search and Rescue
vation of life and property; and Operations
3) a presidential declaration of The military traditionally
an emergency. The first two has supported civilian search
scenarios may occur upon re- and rescue (SAR) activities. In
quest of the governor of an af- addition to the U.S. Coast
fected state when a disaster is Guard, U.S. Air Force and
of such severity and magnitude U.S. Army aviation assets
that it is beyond the capabilities most often provide support.
of the state and local govern- © Mark C. Ide Such support includes the
ments. Upon the request of the aerial drop of medicine, emer-
governor of Florida, this authority the manageable and timely process- gency supplies, and livestock feed;
was invoked in 1992 as the result of ing of requests for assistance. aeromedical evacuation of the sick,
the damage caused by Hurricane Obviously, there are some situ- injured, and stranded; and the trans-
Andrew. Federal assistance can ations that may require the immedi- port and guidance of rescue parties.
unilaterally be invoked by a presi- ate response of a military com- Local military commanders
dential declaration of an emer- mander. A military unit may pro- may provide SAR assistance when
gency. No state request is required. vide immediate response when immediate action is required to save
Under such circumstances, the imminently serious conditions human lives, to prevent human
president may determine that the resulting from any civil emergency suffering, or to mitigate major de-
emergency involves a subject area or attack exist that require action struction of property. This authority,
in which the United States exer- to save lives, prevent human suffer- however, is limited to the immediate
cises exclusive or predominant re- ing, or mitigate great property dam- exigency. Direct requests for SAR
sponsibility and authority. This au- age.35 This authority, however, is assistance from civilian authorities
thority was invoked in response to short-lived. Generally, it is applied should be directed to the Air Force

22 / FBI Law Enforcement Bulletin


Rescue Coordination Center United States v. Mendoza-Cecelia, 736 F.2d. (1977); United States v. McArthur, 419 F.
1467 (11th Cir. 1992); United States v. Yunis, Supp. 186 (D.N.D. 1975); United States v.
(AFRCC).
924 F.2d 1086 (D.C. Cir. 1991); United Yunis, 681 F. Supp. 891, 895-6 (D.D.C. 1988).
States v. Roberts, 779 F.2d 565 (9th Cir. 17
United States v. Thompson , 33 M.J. 218
CONCLUSION 1986), cert. denied, 479 U.S. 839 (1986). (CMA 1991), cert. denied, 502 U.S. 1074
The Posse Comitatus Act does
8
10 U.S.C. § 375 directed the Secretary (1992).
of Defense to promulgate regulations 18
Eggleston v. Department of Revenue, 895
not preclude all joint military/law forbidding direct participation “by a member P.2d 1169 (Colo. Ct. App 1995); Harker v.
enforcement agency operations. To of the Army, Navy, Air Force, or Marine State, 663 P.2d 932 (Alaska 1983); Anchorage
the contrary, where allowable, such Corps in a search, seizure, arrest, or other v. King, 754 P.2d 283 (Alaska Ct. App. 1988).
operations are fruitful, providing similar activity.” This was done so in 19
Applewhite v. United States, 995 F.2d
Department of Defense Directive 5525.5. 997 (10 th Cir. 1993), cert. denied, 510 U.S.
relevant training and assistance to Therefore, the proscription has been 1190 (1994).
all participants. Most important, extended by regulation to the Navy and 20
Memorandum, Off. Legal Counsel for
such operations help serve the Marine Corps. General Brent Scowcroft, 3 Nov. 1989. This
public, especially at times when the
9
Department of Defense Directive opinion also states the restrictions of 10 U.S.C.
5525.5, Encl. 4. See also Army Regulation §§ 371 - 381, specifically 10 U.S.C. § 375,
public needs additional governmen- 500-51, para. 3-2; SECNAVINST 5820.7B, also were not intended to have extraterritorial
tal support. para. 9b(3). effect.
21
United States v. Cotton, 471 F.2d 744 (9th


Cir. 1973); Chandler v. United States, 171 F.2d
Endnotes 921 (1 st Cir. 1948), cert. denied, 336 U.S. 918
1
18 U.S.C. § 1385. (1949); D’Aquino v. United States, 192 F.2d
2
In 1999, Congress appropriated $725 The military 338 (9 th Cir. 1951), cert. denied, 343 U.S. 935
million for Department of Defense support of (1952). (Note: both Chandler and D’Aquino
counterdrug operations. This figure rose to traditionally has involved law enforcement in an area of military
$869 million in 2001. See National Defense supported civilian occupation.) But see United States v. Kahn, 35
Appropriations Act of 2001, Pub. L. No. 106- F.3d 426, 431 n. 6 (9th Cir. 1994) (In a case
259, 114 Stat. 656, 672 (2000). search and rescue involving the applicability of the PCA to Navy
3
Title 10, Chapter 15 of the United States (SAR) activities. activities in support of maritime interdiction of
Code, entitled “Insurrection,” allows the use of a drug-smuggling ship, the government


federal forces to restore order during time of maintained the PCA had no extraterritorial
civil disturbance. See Domestic Operational effect. While the court stated that issue had not
Law (DOPLAW) Handbook for Judge been definitively resolved, it did state that 10
Advocates, pp.52-56, Center for Law and 10
Id; see also SECNAVINST 5820.7B, U.S.C. §§ 371-381 did “impose limits on the
Military Operations, U.S. Army The Judge para. 9b(4)); Air Force Instruction 10-801. use of American armed forces abroad.”)
Advocate General’s School, Charlottesville, 11
14 U.S.C. § 2. Jackson v. Alaska, 572
22
Department of Defense Directive 5525.5.
VA, April 15, 2001. P.2d 87 (Alaska 1977).
23
DOPLAW Handbook, supra note 4 , p.
4
Counterterrorism (See Presidential 12
This requirement also is mandated by 10 31.
Decision Directive 39, U.S. Policy on U.S.C. § 379.
24
Gilbert v. United States , 165 F.3d 470,
Counterterrorism (June 21, 1995)(classified 13
Department of Defense Directive 5525.5, 473-74 (6 th Cir. 1999); United States v. Benish,
SECRET), support to U.S. Secret Service (See Encl. 4, para. A.3. 5 F.3d 20, 25-26 (3rd Cir. 1993).
U.S. Department of Defense Directive 14
United States v. Red Feather, 392 F.
25
28 U.S.C. §§ 2671-2680.
3025.13), or special events like the Oympics, Supp. 916, 921 (W.D.S.D. 1975); United States
26
National Guard Bureau Regulation 500-2,
Presidential Inaugural events, or wildfire v. Yunis, 681 F. Supp. 891, 892 (D.D.C. 1988); National Guard Counterdrug Support, para.
suppression. United States v. Rasheed , 802 F. Supp. 312 (D. 2-1e (March 31, 2000) defines “exigent
5
Too often, poorly written and incomplete Hawaii 1992). circumstances” as situations where immediate
MOUs from previous missions have made their 15
Hayes v. Hawes, 921 F.2d 100 (7th Cir. action is necessary to protect police officers,
way around the e-mail circuit. Please use 1990); United States v. Bacon, 851 F.2d 1312 National Guard personnel, or other persons
caution when using another’s MOU. (11th Cir. 1988); United States v. Hartley, 796 from death or serious injury; to prevent the loss
6
National Guard units, when not perform- F.2d 112 (5 th Cir. 1986); United States v. or destruction of evidence; or to prevent the
ing a Title 10 (Federal) mission, are under the Hartley, 678 F.2d 961, 978 (11th Cir. 1982), escape of a suspect already in custody.
control of the individual states and the cert. denied, 459 U.S. 1170 (1983); United
27
Id, para. 3-6, sets forth the training
governors. This is commonly referred to as States v. Hitchcock, 103 F. Supp. 1226 and other regulatory requirements applicable
Title 32 status. (D.Hawaii 1996).s to armed National Guard members on
7
Most courts interpreting the Posse 16
United States v. Kahn , 35 F.3d 426 (9th counterdrug missions.
Comitatus Act have refused to extend its Cir. 1994); United States v. Casper, 541 F.2d
28
This authority, while not specifically
terms to the Navy and Marine Corps. See 1274 (8 th Cir. 1976), cert. denied, 30 U.S. 970 codified, can be found in Section 1004 of the

December 2001 / 23
National Defense Authorization Act in all 32
10 U.S.C. § 373. 34
42 U.S.C. §§ 5121-5202 (2000).
years from 1991 to 2002. See also 10 33
Executive Order (EO) 12333, United 35
United States Department of Defense
U.S.C.A. § 374. States Intelligence Activities (December 4, Directive 3025.1, Military Support to Civil
29
Memorandum, Deputy Secretary of 1981); Department of Defense Directive Authorities, para. 4.5 (January 15, 1993).
Defense, DoD Training Support to U.S. Civilian 5240.1R, Procedures Governing the Activites of
Law Enforcement Agencies, (June 29, 1996). Dod Intelligence Components That Affect
30
The U.S. Army Military Police School United States Persons (December, 1982). This article provides a general overview
of the important law surrounding law
is authorized to continue training civilian law NOTE: These proscriptions do not apply when
enforcement’s interaction with the military.
enforcement personnel in the Counterdrug the military is performing authorized direct law It is not intended to be a legal authority or
Special Reaction Team Course, the Counter- enforcement activities in support of civil reference for law enforcement managers,
drug Tactical Police Operations Course, and the disturbances. See U.S. Department of Defense but rather a review that encourages
Counterdrug Marksman/Observer Course. On Directive 5200.27, Acquisition of Information responsible synergy between civilian law
an exceptional basis, the Commander-in-Chief, Concerning Persons and Organizations Not enforcement agencies and the military.
U.S. Special Operations Command may Affiliated With the Department of Defense Finally, law enforcement managers should
approve such training by special operations (January 7,1980) and U.S. Department of always consult with their legal advisors
prior to implementing an MOU or any
forces. Id. Defense Civil Disturbance Plan (Garden Plot)
operation with the military.
31
10 U.S.C. § 4309. (February 15, 1991).

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24 / FBI Law Enforcement Bulletin


2001 Subject Index
ADMINISTRATION The Loss of Innocents: Child CRIME PROBLEMS
“Enterprise Theory of Investiga- Killers and Their Victims, “Gangs in Middle America: Are
tion,” Richard A. McFeely, reviewed by Larry R. Moore, They a Threat?” David M.
May, p. 19. August, p. 24. Allender, December, p. 1.
“Fast Track Application Process Police Trauma: Psychological “When Casino Gambling Comes
Speeds Hiring,” Floyd S. Aftermath of Civilian Com- to Your Hometown: The
Hulsey and Maureen bat, reviewed by Larry R. Biloxi Experience,” Tommy
Goodwin, June, p. 5. Moore, May, p. 18. Moffet and Donald L. Peck,
“Implementing an Asset Forfei- Reputable Conduct: Ethical January, p. 12.
ture Program,” Victor E. Issues in Policing and Correc-
tions, reviewed by Stanley B. EQUIPMENT
Hartman, January, p. 1.
Burke, October, p. 19. “Surveillance Optics,” Carlyle
“The Psychological Influence of
Poindexter, March, p. 7.
the Police Uniform,” Richard
R. Johnson, March, p. 27. ETHICS
BOOK REVIEWS “Repairing Broken Windows:
Preventing Corruption Within
Bombs: Defusing the Threat,
Our Ranks,” Frank L. Perry,
reviewed by T. C. Fuller,
February, p. 23.
September, p. 24.
Cadaver Dog Handbook: INTERVIEWING
Forensic Training and Tactics “Detecting Deception,” Joe
for the Recovery of Human Navarro and John R. Schafer,
Remains, reviewed by Charles July, p. 9.
Mesloh and Jennifer James,
November, p. 23. “Documenting and Reporting a
Confession with a Signed
Contoversial Issues in Polic- Statement: A Guide for Law
ing, reviewed by Larry R. Enforcement,” Timothy T.
Moore, December, p. 15. Burke, February, p. 17.
Drugs in Society: Causes, “Interviewing Self-confident
Concepts and Control, 3rd Con Artists,” Scott O’Neal,
edition, reviewed by Art Tired Cops–The Importance of March p. 16.
Bowker, February, p.16. Managing Police Fatigue, “Subtle Skills for Building
Grave Words: Notifying reviewed by Joseph H. Race, Rapport: Using Neuro-Lin-
Survivors About Sudden, September, p. 25. guistic Programming in the
Unexpected Deaths, reviewed Interview Room,” Vincent A.
by Larry R. Moore, March, p. COOPERATION Sandoval and Susan H.
15. “The International Sharing Adams, August, p. 1.
How To Do Financial Asset Program: Fostering Interna-
Investigations: A Practical tional Cooperation,” Douglas INVESTIGATIONS
Guide for Private Investiga- A. Kash and Jennifer A. “Asian-on-Asian Kidnapping:
tors, Collections Personnel, Gorman, February, p. 27. Understanding Cultural Influ-
and Assets Recovery Special- “Safe Streets Task Force: Coop- ences,” Michael Berkow and
ists, reviewed by William R. eration Gets Results,” David Bucky Cox, March, p. 22.
Schoeder, July, p. 26. M. Allender, March, p. 1.

December 2001 / 25
“Indian Tribal Sovereignty: Jerry Stewart, September,
Criminal Jurisdiction and p. 14.
Procedure,” June, p. 24. “Rural and Suburban Police
“Kyllo v. United States: Technol- Leadership: Targeting External
ogy Versus Individual Pri- Funding,” Thomas E. Baker,
vacy,” Thomas D. Colbridge, Loreen Wolfer, and Ralph
October, p. 25. Zezza, November, p. 1.
“Law Enforcement Physical “A Systems Approach to Organi-
Fitness Standards and Title zational Transformation,”
VII,” May, p. 26. Brian A. Ursino, October,
“Military Support of Domestic p. 12.
Law Enforcement Operations: “The Work Itself as a Motiva-
Working Within Posse Comi- tor,” John L. White, February,
tatus,” David G. Bolgiano, p. 7.
December, p. 16.
MEDIA RELATIONS
“Miranda Revisited: Dickerson
v. United States,” Thomas D. “Media Trends and the Public
Petrowski, August, p. 25. Information Officer,” Dennis
“Investigating Potential Child Staszak, March, p. 10.
“The Sixth Amendment Right to
Abduction Cases: A Develop- Counsel: Application and
mental Perspective,” Wayne OPERATIONS
Limitations,” Kimberly A.
D. Lord, Monique C. Crawford, July, p. 27. “The Albuquerque Police
Boudreaux, and Kenneth V. Department’s Crisis Interven-
Lanning, April, p. 1. “The Role of Race in Law tion Team: A Report Card,”
Enforcement: Racial Profiling Deborah L. Bower and W.
JUVENILE VIOLENCE or Legitimate Use?” Richard Gene Pettit, February, p. 1.
G. Schott, November, p. 24.
“Addressing School Violence:
Prevention, Planning, and “Using Drug Detection Dogs:
Practice,” Francis Q. Hoang, An Update,” Jayme S. Walker,
August, p. 18. April, p. 25.
“Scholastic Crime Stoppers: A
MANAGEMENT
Cost-Benefit Perspective,”
Giant Abutalebi Aryani, Carl “The Four Elements of Self-
L. Alsabrook, and Terry D. policing: Addressing Institu-
Garrett, September, p. 1. tional Integrity Through the
Internal Disciplinary Process,”
“The School Shooter: One Com-
John H. Conditt, Jr., Novem-
munity’s Experience,” William
ber, p. 18.
P. Heck, September, p. 9.
“Major Case Management: Key
LEGAL ISSUES Components,” Brian P.
“The Americans with Disabili- Carroll, June, p. 1.
ties Act: A Practical Guide for “Organizational Development in
Police Departments,” Thomas a Law Enforcement Environ-
D. Colbridge, January, p. 23. ment,” Barbara French and

26 / FBI Law Enforcement Bulletin


“Operation CleanSWEEP: The “International Community “FBI Laboratory Publications,”
School Safety Program That Policing Partnership,” Dennis Colleen Wade, December,
Earned an A+,” Gary S. Hanwell, January, p. 19. p. 10.
Penrod, October, p. 20. “Law Enforcement Web Sites:
“Looking Inward with Problem-
“Project Exile: Combating Gun Oriented Policing,” Terry New Utility for a New Era,”
Violence in America,” Brian Eisenberg and Bruce Clyde B. Eisenberg and
A. Monahan and Tod W. Glasscock, July, p. 1. Brandon Porter, August,
Burke, October, p. 2. p. 6.
“Police on Horseback: A New
Concept for an Old Idea,” John “Making Computer Crime
PERSONNNEL C. Fine, July, p. 6. Count,” Marc Goodman,
“Airport Policing: Training August, p. 10.
Issues and Options,” Robert T. “The Public Safety Wireless
Raffel, September, p. 26. Network (PSWN) Program:
“A Call to Duty in the New A Brief Introduction,” Derek
American Century,” John Siegle and Rock Murphy, May,
Ashcroft, October, p. 9. p. 10.
“Closing the Recruitment Gap: “Wanted and Arrested Person
A Symposium’s Findings,” Records,” Mark Huguley,
Gary Vest, November, p. 13. September, p. 20.

“The Effects of Sleep Depriva- TERRORISM


tion,” Glory Cochrane, July, “Responding to Terrorism,”
p. 22. Robert Mueller, December,
“Line-of-Duty Police Death p. 12.
Notifications: Planning for the
Unthinkable,” Donna J. Wade, TRAINING
April, p. 13. “Law Enforcement and the
“Veterans Affairs Police and Holocaust,” William
Security Service: Safeguarding McCormack, November,
America’s Military Heritage,” p. 8.
Ralph C. Kennedy, June, POLICE PROBLEMS
p. 18. WHITE-COLLAR CRIME
“Contact with Individuals with
Autism: Effective Resolu- “Investment Fraud,” John
POLICE-COMMUNITY tions,” Dennis Debraudt and Cauthen, May, p. 13.
RELATIONS Darla Rothman, April, p. 20. “Money Laundering: A Global
“Bowling Alone but Not Patrol- “Police Pursuits and Civil Threat and the International
ling Alone,” Tobias Winright, Liability,” Chris Pipes and Community’s Response,”
April, p. 11. Dominick Pape, July, p. 16. William R. Schroeder, May,
p. 1
“Community Mobilization: The
TECHNOLOGY “Offshore Financial Centers:
Foundation for Community
Policing,” Recheal Stewart- “Computer Intrusion Investiga- The Channel Islands and the
Brown, June, p. 9. tion Guidelines,” J. Bryan Isle of Man,” Mark D.
Davis, January, p. 8. Ferbrache, February,
p. 10.

December 2001 / 27
2001 Author Index
A A Cost-Benefit Perspective,”
Adams, Susan H., Special Agent, September, p. 1.
FBI Academy, Quantico, Ashcroft, John, U.S. Attorney
Virginia, “Subtle Skills for General, Washington, D.C.,
Building Rapport: Using “A Call to Duty in the New
Neuro-Linguistic Program- American Century,” October,
ming in the Interview Room,” p. 9.
August, p. 1.
Allender, David M., Lieutenant, B
Indianapolis, Indiana, Police Baker, Thomas E., Associate
Department, “Gangs in Middle Professor, University of
America: Are They a Threat?,” Scranton, Scranton, Pennsylva-
December, p. 1; and “Safe nia, “Rural and Suburban
Streets Task Force: Coopera- Police Leadership: Targeting
tion Gets Results,” March, External Funding,” November,
p. 1. p. 1.
Alsabrook, Carl L., Sergeant, Berkow, Michael, Chief, South
Rockwall, Texas, Police De- Pasadena, California, Police
partment, “Scholastic Crime Department, “Asian-on-Asian
Stoppers: A Cost-Benefit Brooks, Michael E., Special
Kidnapping: Understanding
Perspective,” September, p. 1. Agent, FBI Academy,
Cultural Influences,” March,
Quantico, Virginia, “Law
Aryani, Giant Abutalebi, p. 22.
Enforcement Physical Fitness
Vibhooti Shukla Fellow, Bolgiano, David G., Senior Standards and Title VII,”
University of Texas, Dallas, Attorney, DEA, Quantico, May, p. 26.
“Scholastic Crime Stoppers: Virginia, “Military Support of
Domestic Law Enforcement Bulzomi, Michael J., Special
Operations: Working Within Agent, FBI Academy, Quan-
Posse Commitatus,” Decem- tico, Virginia, “Indian Tribal
ber, p. 16. Sovereignty,” June, p. 24.
Boudreaux, Monique C., Post- Burke, Timothy T., Special
doctoral Fellow, University Agent, FBI Academy,
of California, Los Angeles, Quantico, Virginia, “Docu-
“Investigating Potential Child menting and Reporting a
Abduction Cases: A Develop- Confession with a Signed
mental Perspective,” April, Statement: A Guide for Law
p. 1. Enforcement,” February,
p. 17.
Bower, Deborah L., Data
Analyst, Albuquerque, New Burke, Tod W., Associate Pro-
Mexico, Police Department, fessor, Radford University,
“The Albuquerque Police Radford, Virginia, “Project
Department’s Crisis Interven- Exile: Combating Gun Vio-
tion Team: A Report Card,” lence in America,” October,
February, p. 1. p. 2.

28 / FBI Law Enforcement Bulletin


C D California, “Looking Inward
Carroll, Brian P., President, with Problem-Oriented Polic-
Davis, J. Bryan, Special Agent,
private security firm, Ft. ing,” July, p. 1.
Department of Defense,
Collins, Colorado, “Major Arlington, Virginia, F
Case Management: Key “Computer Intrusion Investiga-
Components,” June, p.1. tion Guidelines,” January, Ferbrache, Mark D., Special
p. 8. Agent, FBI, London, England,
Cauthen, John, Special Agent,
“Offshore Financial Centers:
FBI, Sacramento, California, Debbaudt, Dennis, President, The Channel Islands and the
“Investment Fraud,” May, private detective agency, Isle of Man,” February,
p. 13. “Contact with Individuals with p. 10.
Cochrane, Glory, Wellness Autism: Effective Resolu-
Coordinator, Albuquerque, tions,” April, p. 20. Fine, John C., Attorney, private
New Mexico, Police Depart- practice, “Police on Horse-
ment, “The Effects of Sleep back: A New Concept for an
Deprivation,” July, p. 22. Old Idea,” July, p. 6.
Colbridge, Thomas D., Special French, Barbara, Independent
Agent, FBI Academy, Consultant, Tallahassee,
Quantico, Virginia, “The Florida, “Organizational
Americans with Disabilities Development in a Law En-
Act: A Practical Guide for forcement Environment,”
Police Departments, January, September, p. 14.
p. 23; and “Kyllo v. United
States: Technology Versus G
Individual Privacy,” October, Garrett, Terry D., Lieutenant,
p. 25. Rockwall, Texas, Police
Conditt, John H., Jr., Special Department, “Scholastic Crime
Agent, FBI, Washington, D.C., Stoppers: A Cost-Benefit Per-
“The Four Elements of Self- spective,” September, p. 1.
policing: Addressing Institu- Glasscock, Bruce, Chief, Plano,
tional Integrity Through the Texas, Police Department,
Internal Disciplinary Process,” “Looking Inward with Prob-
November, p. 18. lem-Oriented Policing,” July,
Cox, Bucky, Vice President of p. 1.
Security, private firm, Phila- E Goodman, Marc, former officer,
delphia, Pennsylvania, “Asian- Los Angeles, California,
on-Asian Kidnapping: Under- Eisenberg, Clyde B., Sergeant, Police Department, “Making
standing Cultural Influences,” Hillsborough County, Florida, Computer Crime Count,”
March, p. 22. Sheriff’s Office, “Law En- August, p. 10.
forcement Web Sites: New
Crawford, Kimberly A., Special Goodwin, Maureen, Career
Utility for a New Era,”
Agent, FBI Academy, Development Specialist, Polk
August, p. 6.
Quantico, Virginia, “The Sixth County, Florida, Sheriff’s
Amendment Right to Counsel: Eisenberg, Terry, President, Office, “Fast Track Applica-
Application and Limitations,” private law enforcement tion Process Speeds Hiring,”
July, p. 27. consultant firm, San Diego, June, p. 5.

December 2001 / 29
Police Academy, “Addressing Quantico, Virginia, “Investigat-
School Violence: Prevention, ing Potential Child Abduction
Planning, and Practice,” Cases: A Developmental
August, p. 18. Perspective,” April, p. 1.
Huguley, Mark, Major, South Lord, Wayne D., Critical Incident
Carolina Law Enforcement Response Group, FBI Academy,
Division, Columbia, “Wanted Quantico, Virginia, “Investigat-
and Arrested Person Records,” ing Potential Child Abduction
September, p. 20. Cases: A Developmental
Perspective,” April, p. 1.
Hulsey, Floyd S., Director,
Human Resources Division, M
Polk County, Florida, Sheriff’s
Office, “Fast Track Applica- McCormack, William, Special
tion Process Speeds Hiring,” Agent, FBI Academy, Quantico,
June, p. 5. Virginia, “Law Enforcement
and the Holocaust,” November,
J p. 8.
Johnson, Richard R., Kane McFeely, Richard A., Special
Gorman, Jennifer A., Law Clerk, County, Illinois, State’s Agent, FBI, Washington, D.C.,
U.S. Department of Justice, Attorney Office and “Enterprise Theory of Investiga-
Washington, D.C., “The Waubonsee Community tion,” May, p. 19.
International Sharing Program: College, Sugar Grove, Illinois, Moffett, Tommy, Chief, Biloxi,
Fostering International Coop- “The Psychological Influence Mississippi, Police Depart-
eration,” February, p. 27. of the Police Uniform,” ment, “When Casino Gambling
March, p. 27. Comes to Your Hometown:
H The Biloxi Experience,”
K January, p. 12.
Hanwell, Dennis, Chief, Medina,
Ohio, Police Department, Kash, Douglas A., Senior
“International Community Attorney, DEA, Arlington,
Policing Partnership,” January, Virginia, “The International
p. 19. Sharing Program: Fostering
International Cooperation,”
Hartman, Victor E., Special February, p. 27.
Agent, FBI, Houston, Texas,
“Implementing an Asset Kennedy, Ralph C., Deputy
Forfeiture Program,” January, Director, Veterans Affairs Law
p. 1 Enforcement Training Center,
North Little Rock, Arkansas,
Heck, William P., Associate “Veterans Affairs Police and
Professor, Northeastern State Security Service: Safeguarding
University, Tahlequah, Okla- America’s Military Heritage,”
homa, “The School Shooter: June, p. 18.
One Community’s Experi-
ence,” September, p. 9. L
Hoang, Francis Q., Advisor, Lanning, Kenneth V., retired
Rockland County, New York, Special Agent, FBI Academy,

30 / FBI Law Enforcement Bulletin


Monahan, Brian A., Graduate Safety Program That Earned Raleigh, North Carolina, “Sur-
Assistant, University of Del- an A+,” October, p. 20. veillance Optics,” March, p. 7.
aware, Newark, “Project Exile: Perry, Frank L., Special Agent, Porter, Brandon, Computer
Combating Gun Violence in FBI, Raleigh, North Carolina, Software Specialist, Hills-
America,” October, p. 2. “Repairing Broken Windows: borough County, Florida,
Mueller, Robert S. III, Director, Preventing Corruption Within Sheriff’s Office, “Law En-
FBI, Washington, D.C., Our Ranks,” February, p. 23. forcement Web Sites: New
“Responding to Terrorism,” Petrowski, Thomas D., Special Utility for a New Era,”
December, p. 12. Agent, FBI Academy, August, p. 6.
Murphy, Rick, Program Man- Quantico, Virginia, “Miranda
Revisited: Dickerson v. R
ager, U.S. Department of
Treasury, “The Public Safety United States,” August, p. 25. Raffel, Robert, T., Federal
Wireless Network (PSWN) Security Manager, U.S.
Program: A Brief Introduc- Federal Aviation Administra-
tion,” May, p. 10. tion, Washington, D.C.,
“Airport Policing: Training
N Issues and Options,” Sept-
Navarro, Joe, Special Agent, ember, p. 26.
FBI, Tampa, Florida, “Detect- Rothman Darla, Instructor,
ing Deception,” July, p. 9. Maryland Police and Correc-
tional Training Commissions,
O “Contact with Individuals with
O’Neal, Scott, Special Agent, Autism: Effective Resolu-
FBI, Albuquerque, New tions,” April, p. 20.
Mexico, “Interviewing Self-
confident Con Artists,” March, S
p. 16. Sandoval, Vincent A., Special
Agent, FBI Academy,
P Quantico, Virginia, “Subtle
Pape, Dominick, Special Agent, Skills for Building Rapport:
Florida Department of Law Using Neuro-Linguistic
Enforcement, “Police Pursuits Pettit, W. Gene, Sergeant, Programming in the Interview
and Civil Liability,” July, Albuquerque, New Mexico, Room,” August, p. 1.
p. 16. Police Department, “The Schafer, John R., Special Agent,
Peck, Donald L., Special Agent, Albuquerque Police FBI, Lancaster, California,
FBI Academy, Quantico, Department’s Crisis Interven- “Detecting Deception,” July, p.
Virginia, “When Casino tion Team: A Report Card,” 9.
Gambling Comes to Your February, p. 1. Schott, Richard G., Special
Hometown: The Biloxi Experi- Pipes, Chris, Commander, Agent, FBI Academy,
ence,” January, p. 12. Odessa, Texas, Police Depart- Quantico, Virginia, “The Role
Penrod, Gary S., Sheriff, San ment, “Police Pursuits and Civil of Race in Law Enforcement:
Bernardino County, California, Liability,” July, p. 16. Racial Profiling or Legitimate
Sheriff’s Department, “Opera- Poindexter, Carlyle, President, Use?” November, p. 24.
tion CleanSWEEP: The School private investigation firm,

December 2001 / 31
Schroeder, William R., President, Stewart-Brown, Recheal, Clini-
private law enforcement cal Social Worker, San Diego,
consultant firm, Woodbridge, California, “Community
Virginia, “Money Laundering: Mobilization: The Foundation
A Global Threat and the for Community Policing,”
International Community’s June, p. 9.
Response,” May, p. 1.
Siegle, Derek, Program Man- U
ager, U.S. Department of Ursino, Brian A., Captain,
Justice, “The Public Safety Washington State Patrol,
Wireless Network (PSWN) Olympia, “A Systems Ap-
Program: A Brief Introduc- proach to Organizational
tion,” May, p. 10. Transformation,” October,
Staszak, Dennis, Special Agent, p. 12.
FBI Academy, Quantico,
Virginia, “Media Trends and V
the Public Information Of- Vest, Gary, Chief, Powell, Ohio,
ficer,” March, p. 10. Police Department, “Closing
Stewart, Jerry, Assistant Direc- the Recruitment Gap: A
tor, Florida Department of Symposium’s Findings,” Winright, Tobias, Professor,
Insurance, Treasury, and Fire November, p. 13. Simpson College, Indianola,
Marshal, “Organizational Iowa, “Bowling Alone but Not
Development in a Law En- W Patrolling Alone,” April,
forcement Environment,” p. 11.
Wade, Colleen, Managing
September, p. 14. Editor, FBI, Washington, D.C., Wolfer, Loren, Assistant Profes-
“FBI Laboratory Publica- sor, University of Scranton,
tions,” December, p. 10. Scranton, Pennsylvania,
Wade, Donna J., Freelance “Rural and Suburban Police
Writer, Los Angeles, Califor- Leadership: Targeting External
nia, “Line-of-Duty Police Funding,” November, p. 1.
Death Notifications: Planning
for the Unthinkable,” April, Z
p. 13. Zezza, Ralph, Chief, West
Walker, Jayme S., Chief, Legal Pittston, Pennsylvania, Police
Instruction Section, DEA, Department, “Rural and
Quantico, Virginia, “Using Suburban Police Leadership:
Drug Detection Dogs: An Targeting External Funding,”
Update,” April, p. 25. November, p. 1.
White John L., retired Assistant
Chief, Pulaski, Tennessee,
Police Department, “The Work
Itself as a Motivator,” Febru-
ary, p. 7.

32 / FBI Law Enforcement Bulletin


The Bulletin Notes

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

Sergeant David Logsdon of the


Astoria, Oregon, Police Department
responded to a report of a suicidal
distraught woman. When Sergeant
Logsdon arrived, he saw that the woman
was threatening to kill herself with a
handgun. Sergeant Logsdon was able to
distract and disarm the woman, but not
before she discharged three rounds into
the floor. Sergeant Logsdon’s courageous
Sergeant Logsdon actions not only prevented any injuries
but ultimately saved the woman’s life. Officer Kies

When Officer Christopher


Kies of the City of Lompoc,
California, Police Department
responded to an attempted
While on routine patrol in Baldwin,
suicide call, he found the
New York, Officer Michael Morgan of
dwelling engulfed in flames
the Nassau County Police Department
and a suicidal man, who had
observed a man standing on an elevated
doused himself with gasoline,
railroad track adjoining the station
standing in the front yard.
platform. Officer Morgan radioed for
When the man saw the police
assistance and requested that the railroad
arriving, he began to walk into
authorities be notified to warn any
the burning residence. Disre-
oncoming trains. As he made his way
garding his own safety, Officer
to the station, Officer Morgan was
Kies managed to pull the man
approached by a woman who told him
Officer Morgan to safety just as they crossed
that it was her 20-year-old nephew on
the threshold, preventing the
the tracks and that he had been drinking and was distraught. As
man’s gasoline-soaked clothes
the man began running farther down the elevated track, Officer
from igniting. Officer Kies’
Morgan feared that the man would jump. Disregarding his
courageous and heroic actions
own safety, he pursued the man on the tracks and attempted
thwarted the man’s suicide
to control him. As they struggled, Officer Morgan suddenly
attempt.
realized that a train was rapidly approaching, so he grabbed
the man and rolled them both into a
small crawl space under the platform
just as the train roared past. Shortly
thereafter, he gained control of the man, Nominations for the Bulletin Notes should be based on either
handcuffed him, and removed him to the rescue of one or more citizens or arrest(s) made at unusual
risk to an officer’s safety. Submissions should include a short
safety. Officer Morgan’s selfless acts of write-up (maximum of 250 words), a separate photograph of
bravery prevented a potential tragedy. each nominee, and a letter from the department’s ranking officer
endorsing the nomination. Submissions should be sent to the
Editor, FBI Law Enforcement Bulletin, FBI Academy, Madison
Building, Room 209, Quantico, VA 22135.
U.S. Department of Justice Periodicals
Federal Bureau of Investigation Postage and Fees Paid
Federal Bureau of Investigation
FBI Law Enforcement Bulletin ISSN 0014-5688
935 Pennsylvania Avenue, N.W.
Washington, DC 20535-0001

Official Business
Penalty for Private Use $300

Patch Call

The Nebraska City, Nebraska, Police Depart- The patch of the Jacksonville, North Carolina,
ment’s patch depicts Arbor Lodge, the home of J. Police Department features the original city hall and
Sterling Morton, who founded Arbor Day, which police department law enforcement complex. The
is the celebration of tree planting. Arbor Day is globe and anchor of the U.S. Marine Corps is promi-
observed on the last Friday in April. While most nently displayed on the patch and reflects the close
holidays honor the past, Arbor Day proposes for relationship with Camp Lejeune, the world’s largest
the future. amphibious base and home of the 2nd Marine
Division.

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