Beruflich Dokumente
Kultur Dokumente
Volume 72
Number 8
United States
Department of Justice
Federal Bureau of Investigation
Washington, DC 20535-0001
The attorney general has determined Pennsylvania's BUI/DUI Pennsylvania law enforcement agencies
that the publication of this periodical is
necessary in the transaction of the
public business required by law. Use
Joint Task Force Pilot Program 1 have developed a joint task force to
address and reduce BUIs on water and
of funds for printing this periodical has By George C. Geisler, Jr. DUIs on land.
been approved by the director of the
Office of Management and Budget.
Handling the Stress of Law enforcement must learn to deal
The FBI Law Enforcement Bulletin
(ISSN-0014-5688) is published
monthly by the Federal Bureau of
the Electronic World 11 with technological stress while they
continue to communicate effectively on
Investigation, 935 Pennsylvania
By James D. Sewell a nonelectronic basis as well.
Avenue, N.W., Washington, D.C.
20535-0001. Periodicals postage paid
at Washington, D.C., and additional Munchausen Law enforcement officers can help
mailing offices. Postmaster: Send
address changes to Editor, FBI Law
Enforcement Bulletin, FBI Academy,
Syndrome by Proxy
By Deborah Chiczewski
20 protect children by learning to identify
behavioral artifacts of MSBP.
Madison Building, Room 209, and Michael Kelly
Quantico, VA 22135.
Cover Photo
© George C. Geisler
© George C. Geisler
W
hile conducting a river the woman appeared to be in a stu- had a previous DUI conviction. She
boat patrol on a hot sum- por. When the officers placed her later pled guilty to BUI and simple
mer evening, two water- under arrest for boating under the assault charges.
ways conservation officers (WCOs) influence (BUI), she immediately
encountered a boat speeding toward became combative, kicking, flailing THE PROBLEM
several young swimmers. The offic- her arms, and screaming obsceni- Each year, BUIs account for
ers directed the female operating ties. The officers managed to get the deaths, injuries, and property loss
the boat to slow down, but she ig- woman onto their boat and escorted on waterways, many of which go
nored them. The officers turned her to the shore where they called unreported. Often, boaters do not
their craft around, ran it alongside for a local police transport to the realize that they face the same
the female’s boat, and turned on WCOs’ patrol car. As the officers criminal punishment for a BUI as a
their emergency lights and siren. attempted to get her off of their DUI (driving under the influence).
The woman continued to ignore the boat, she again became physically But, BUI enforcement is not limited
officers’ approach. At that point, and verbally combative. Tests to the state’s waterways. For ex-
the WCOs physically took control showed that the woman’s blood al- ample, most boaters drive vehicles
of her boat and stopped it, still with cohol content was four times over to and from their place of boating.
no reaction from the subject. The the legal limit, and a check of her Therefore, when boat operators
smell of alcohol was evident, and criminal history revealed that she consume alcoholic beverages or
August 2003 / 1
“ Agencies can use
the joint task force
concept to help create
Under the Pennsylvania Fish
and Boat Code, BUI is a criminal
offense almost identical to the DUI
section of the Pennsylvania motor
vehicle code. A major part of the
intensified patrol BUI law enforcement effort in-
enforcement on both cludes detecting, apprehending, and
water and land. prosecuting boaters operating under
the influence of alcohol and other
drugs. Similar to the DUI section of
”
Waterways Conservation Officer Manager Geisler serves as the assistant to
the director, Bureau of Law Enforcement, Pennsylvania Fish and Boat
Commission Headquarters, in Harrisburg, Pennsylvania.
this code, individuals convicted of
BUI for the first time face a misde-
meanor charge, which includes a
fine of between $500 to $7,500, a
jail sentence of at least 48 hours to 2
years, and a 1-year suspension of
their boating privileges. To date,
controlled substances while boating the “state police of the waterways.” however, a BUI conviction does not
and then get into their motor ve- These officers protect public safety affect a vehicle operator’s license
hicles to drive home, the BUI be- on Pennsylvania’s waterways, validity.
comes a DUI.1 which includes 83,261 miles of riv-
Alcoholic beverage manufac- ers and streams, over 205,000 acres Funding Issues
turers often market their products as of impoundments and lakes, as Unlike most state agencies, the
a leisure activity related to fishing well as more than 63 miles of Lake Pennsylvania Fish and Boat Com-
and boating. As a result, many Erie shoreline and 56 miles of the mission receives no general fund
people view consumption of alco- Delaware River. Presently, more money for its operating budget. For
holic beverages as a routine activity than 350,000 of the registered the past several years, the commis-
while fishing or boating. Moreover, boats in Pennsylvania, along with sion has partnered with Mothers
while DUI is not socially accept- out-of-state registered boats, use Against Drunk Driving (MADD),
able, some people do not perceive these waterways. the Pennsylvania DUI Association,
impaired boating to be of any seri- Similar to Pennsylvania mu- the National Safe Boating Council,
ous consequence. The increased nicipal police officers, WCOs are the Pennsylvania Trauma Society,
availability and use of controlled certified graduates of police acad- the Pennsylvania Traffic Institute
substances often occur during fish- emies. They attend the Fish and for Police Services, and the Penn-
ing or boating events due to the per- Boat Academy, which includes a sylvania State Police to acquire
ception that individuals are unlikely 40-hour block of comprehensive more training and enforcement
to encounter law enforcement offi- BUI training, from the classroom to tools for WCOs. As their limited
cers in, upon, or along waterways. the water, and, finally, into mock funding allows, MADD and the
trials with actual DUI defense attor- Pennsylvania DUI Association
ONE AGENCY’S RESPONSE neys and judges. This compares to have provided prearrest breath-test-
The Pennsylvania Fish and an average of 6 hours of DUI train- ing devices and video cameras to
Boat Commission, an independent ing for municipal police officers. several officers. WCOs use video
state agency, is funded solely by WCOs train for 1 year from their cameras on their patrol boats for
fishing license and boat registration date of appointment, and experi- BUI, as well as other, enforcement
revenue, and it employs approxi- enced officers receive annual BUI initiatives. The ability of WCOs to
mately 100 WCOs, who actually are update training. present videotape evidence of such
August 2003 / 3
Pennsylvania Fish and Boat Commission the river and, accordingly, incidents
Bureau of Law Enforcement of BUI and boating accidents are
quite high. A bar also exists on this
Boating Under the Influence Statistics, 1990-2002 pool where boaters can pull up and
get alcoholic beverages. PDOT sta-
Year Number of Cases tistics from 1995 to 1999 list this
township (Londonderry) ninth in
2002 70 the county with 45 vehicle acci-
2001 54 dents involving impaired drivers.
2000 36 The roadway used to access this
1999 39 pool on the east shore had 43 im-
1998 38 paired driver vehicle crashes, or
1997 46 3.092 crashes per mile, according to
1996 41 other PDOT statistics for the same
1995 50 time period. The township on the
1994 31 west shore of that pool ranked sev-
1993 25 enth in its county for impaired
1992 15 driver vehicle crashes with a total of
1991 34 95. Five people were killed and 96
1990 22 injured. The roadways leading to
these boating waters consistently
generate the highest under-the-in-
fluence crash-related deaths and in-
juries compared with other road-
reporters acquired footage on the On the Harrisburg pool of the ways in their respective townships
water from patrol boats to include river, boaters can pull up to bars, and counties.
with their news reports. In the fu- acquire or consume alcoholic bev- Much planning and coordina-
ture, the task force plans to have erages, get back on their boats, and tion within the Pennsylvania Fish
billboards that feature a picture of operate them while impaired. The and Boat Commission and between
the local WCOs with the caption popularity of this boating pool has agencies must take place to ensure
“We Hunt Drunk Boaters for a Liv- grown as the recent addition of a that these joint intensified roving
ing” strategically located next to second marina on City Island’s east patrols prove effective. For ex-
roadways leading to major boating shore proves. PDOT statistics for ample, departments must schedule
pools. Harrisburg show that from 1995 to appropriate personnel, bring equip-
1999, 300 vehicle accidents oc- ment, and maintain contact with the
Results curred involving impaired drivers. media.
Statistical data from PDOT’s During this time frame, three people Despite the best laid plans,
database from 1995 to 2002 illus- were killed and 298 were injured, boating law enforcement remains at
trates that BUI is directly related to the highest numbers in the county. the mercy of the weather and other
DUI vehicle crashes resulting in The Goldsboro pool (home to limiting factors. For example, the
death or injury. This data clearly the Three Mile Island nuclear commission canceled and resched-
shows that the highest number of power plant) has over 800 cottages uled several details due to inclem-
DUI crashes occur in municipalities located on its islands and shore- ent weather. Of seven joint patrols
that include major boating destina- lines, which constitutes a unique ultimately executed, five took place
tion points and the roadways motor- boating area. Alcoholic beverage on days when the weather simply
ists use to drive to and from these and controlled substance consump- was not prime boating weather
points. tion is prevalent on this section of (e.g., overcast, scorchingly hot, too
August 2003 / 5
Perspective
The Faces of Air Rage some idea of its definition. The word rage originates
By Harry A. Kern, M.Ed. from the Latin word rabia (from which the English
word rabies is derived) and denotes a presence of
madness, violent and uncontrolled anger, a fit of
August 2003 / 7
incomplete (as pertinent details surrounding these fines, and civil actions. Law enforcement officers,
incidents may be omitted), as well as inconsistent and prosecutors, and judicial personnel must know and
conflicting reporting (as many of these incidents may consistently enforce these laws, tempering their
be mislabeled as air rage). Additionally, the records of actions with the spirit of the law to assure order
many governmental agencies and airline companies maintenance and passenger and crew safety during air
prove difficult to obtain. travel. Federal, state, and local officials, working with
Airline company policies differ as to when air an understanding of respective jurisdictions and
rage incidents are reported, or not, and when to leave prosecutive guidelines, will better address these
the decision to employee discretion. Inadequate incidents when they occur. Adequate training can
communications, worker shortages, time pressures, ensure law enforcement personnel meet the varied
employee fear, and staff-performance measurement and complex duties associated with airport policing.12
systems that may encourage conflict avoidance versus As a possible future consideration, law enforcement
resolution, all may agencies could benefit
contribute to potential from using the Uniform
offenders’ boarding of Crime Reporting system
airplanes.11 Differing to track air rage
policies of, and repre- Incidents of Passenger Misconduct incidents.
sentation by, unions, 1995-2002 Additionally, the
such as those represent- creation of the Depart-
ing pilots, flight atten- 1995 146 ment of Homeland
dants, and other indus- 1996 188 Security should benefit
try personnel, add to the 1997 321 the security of air travel.
overall mix of describ- 1998 282 For example, the educa-
ing, reporting, and 1999 310 tion of, and communica-
subsequent actions 2000 321 tion with, the traveling
taken, or not taken, in 2001 321 public on topics, such as
response to the problem 2002 216* expected passenger
of air rage. *as of December 12 conduct during air
Also, judicial, travel, the need for
sentencing, and other Source: Federal Aviation Administration heightened awareness
records may serve as an for out-of-the-ordinary
informational source as situations, safety proce-
to what legal actions dures, and travel tips,
occur as a result of air may improve; this could
rage incidents. Whether these reports contain the help in reducing delays, anxiety, and frustration when
necessary detailed information to determine specific traveling aboard aircraft. Also, the assumed presence
offenders’ behaviors on a consistent basis to support of more federal air marshals could result in fewer air
research is another matter. Incidents of air rage rage incidents aboard commercial aircraft.
potentially are handled at the federal, state, or local
level, and the level of detail in the reporting may vary Conclusion
accordingly. Until more fully defined, air rage only can
function as a popular term, not a legal one. Greater
Issues for Law Enforcement comprehensive research and more complete data can
Various laws govern passenger conduct aboard help in the recognition, assessment, and control of air
aircraft and around domestic airports; when violating rage incidents.
them, offenders may face verbal or written warnings, Law enforcement agencies can enforce various
arrest, criminal prosecution, administrative hearings, laws governing passenger behavior; these largely
Endnotes
1
In this article, the author emphasizes the need for a standard
definition of air rage. The author uses the term throughout the article for
T he Bulletin staff is
always on the lookout
for dynamic, law enforce-
purposes of discussion.
2
Robert Bor, Morris Russell, Justin Parker, and Linda Papadopoulas,
ment-related photos for
“Managing Disruptive Passengers: A Survey of the World’s Airlines”; possible publication in the
retrieved on March 3, 2003, from http://www.skyrage.org/pdf/academic/ magazine. We are interested
rbor.pdf.
3
in photos that visually depict
Federal Aviation Administration, “Unruly Passengers, Calendar
Years 1995-2002"; retrieved on March 3, 2003, from http://
the many aspects of the law
www2.faa.gov/index.cfm/apa/1077. enforcement profession and
4
Merriam-Webster’s On-Line Collegiate Dictionary; retrieved on illustrate the various tasks
March 3, 2003, from http://www.m-w.com. law enforcement personnel
5
Donato J. Borrillo, M.D., J.D., “Air Rage: Modern Day Dogfight”;
retrieved on March 3, 2003, from http://www.cami.jccbi.gov/aam-400a/
perform.
fasmb/fas9902/airrage.htm; and The Word Spy; retrieved on March 3, We can use either black-
2003, from http//www.logophilia.com/wordspy/airrage.html. and-white glossy or color
6
7
Supra note 2. prints or slides, although we
Testimony of Captain Stephen Luckey, Chairman, National Security
Committee, Airline Pilots Association, before the Subcommittee on
prefer prints (5x7 or 8x10).
Aviation, Committee on Transportation and Infrastructure, U.S. House of We will give appropriate
Representatives, 06/11/98; retrieved on March 3, 2003, from http:// credit to photographers when
cf.alpa.org/internet/tm/sum61198.htm.
8
their work appears in the
The Skyrage Foundation; retrieved on March 3, 2003, from http://
www.skyrage.org/goalspage.html.
magazine. Contributors
9
Airsafe.com; retrieved on March 3, 2003, from http:// should send duplicate, not
www.airsafe.com/issues/rage.htm. original, prints as we do not
10
William P. Schwabb, “Air Rage: Screaming for International accept responsibility for
Uniformity,” The Transnational Lawyer 14 (2001); retrieved on
March 3, 2003, from http://www.skyrage.org/pdf/academic/
damaged or lost prints. Send
bschwab.pdf. photographs to:
11
Blair J. Berkeley and Mohammad Ala, “Identifying and
Controlling Threatening Airline Passengers,” Cornell Hotel and Art Director
Restaurant Administration Quarterly (Cornell University, FBI Law Enforcement
August 2001): 12.
12
Robert T. Raffel, “Airport Policing: Training Issues and Options,”
Bulletin, FBI Academy,
FBI Law Enforcement Bulletin, September 2001, 26-29. Madison Building,
Room 209,
Quantico, VA 22135
telephone: 703-632-1952,
e-mail: leb@fbiacademy.edu
August 2003 / 9
Technology Update
A
3
merica is in the middle of a networks. According to one study, administrators, staff, and line per-
technological explosion. executives spend at least 2 hours a sonnel, the avalanche of e-mails
Research shows that the day using e-mail, and employees has both positive and negative con-
number of cellular telephone sub- send an average of 20 e-mails and sequences. On the one hand, it
scribers has grown from 340,000 in receive about 30 e-mails a day. offers a real-time, expeditious
1985 to over 130 million today.1 Worldwide, about 4 trillion e-mails method of communication, espe-
The percentage of American house- are sent each year, an increase of cially over a distance, and can en-
holds with at least one personal more than 600 percent in 6 years.4 sure that all of the recipients receive
computer has increased from 46.8 In law enforcement, communi- the same written message. On the
percent to 55.9 percent in just the cations systems between and other hand, in a number of agencies,
last 4 years.2 among agencies have become it has replaced direct personal
The number of e-mail messages equally dependent upon technol- communication, can become a
sent from businesses in North ogy. Over 29 percent of local police crutch for managers and supervi-
America has risen from 40 billion agencies, employing 73 percent of sors, and often forces administra-
in 1995 to an estimated 1.4 trillion all officers in the United States, use tors to be tied to their desks, impact-
in 2001, and an estimated 25 mil- in-field computers, an increase ing hands-on leadership and the
lion workers throughout the United from 13 percent in just 4 years practice of “management by walk-
States are connected by e-mail (1993-1997).5 ing around.”
August 2003 / 11
This high-tech world is a sig- managers away from necessary screened now come directly to man-
nificant stressor on law enforce- work, distract from telephone con- agers who become part of a myriad
ment personnel, especially those in versations, or interrupt them from of mail lists, frequently without
leadership and management posi- personal interactions with their sub- their request or permission, to keep
tions. How can they best deal with ordinates. The “ding” easily can be- everyone informed.
it? How can they best prepare indi- come a major irritant, reduce effi- Yet, similar to paper memo-
viduals and their agencies to handle ciency, and affect attention to other randa, not every piece of elec-
the stress of high-tech communica- details. tronic communication demands a
tions? How can they best balance Yet, with other office appli- manager’s personal attention.
“high tech, high touch?”7 ances, especially the telephone, While requiring effort, managers
people quickly learn to control in- should remove themselves from ge-
PERSONAL TACTICS terference, assuring uninterrupted neric mailing lists that have little or
The stress caused by the vol- meetings and conversation. In the no direct relevance to their current
ume and frequency of e-mails and interest of effective time manage- position; wean subordinates, and
the expected turnaround on re- ment, people even learn to return even bosses, from including
sponses necessitates the develop- calls only during specific time peri- nonaffected personnel on mailing
ment of stress-mitigation practices. ods. E-mail offers managers an en- lists or as a “cc”; and, even upon
Individual managers can take cer- hanced ability to apply the same initial scanning, delete unimportant
tain steps to ensure that they effi- time-management principles by al- e-mails.
ciently handle e-mails that they re- lowing a response in a time frame
ceive and send. that they, not the computer, decide. Overloading Others with E-mail
The admonition “screen your
Dealing with the “Ding” Handling E-mail Overload mail” applies not only to what
Many computers announce in- For many managers in the elec- people receive but to what they
coming mail with the “ding” of a tronic world, communication via e- send. The strength of e-mail corre-
bell, and users frequently stop what mail virtually ensures information spondence lies in its immediacy and
they are doing and turn to the overload. Memoranda that adminis- brevity. Short messages, especially
screen. The interruption can pull trative assistants historically have when read on the screen, can better
keep the attention of the reader and
allow for the expeditious communi-
cation that e-mail offers. Further,
“
before sending an e-mail, especially
one with copies to multiple receiv-
Agencies should ers, individuals should question
continue to emphasize whether it is something the recipi-
ent really needs to spend time
the importance of reading and whether the sender
effective interpersonal, would want to receive it in a similar
nonelectronic situation.
communication between
managers, supervisors, Treating E-mails with Etiquette
and employees. One of the strengths of elec-
tronic communication also is one of
”
its most significant drawbacks—it
Dr. Sewell serves as assistant commissioner of the allows people to immediately re-
Florida Department of Law Enforcement. spond to a sender’s message. For
this reason, managers never should
“
appropriate for it in paper form,
they risk leaving typographical er- Hiding Behind the Computer
rors, grammatical mistakes, or in- ...organizations Although e-mail has many ben-
formation presented poorly or should provide efits, drawbacks also exist. For ex-
unclearly. Not only should manag- adequate training in ample, it allows managers who lack
ers reread electronic mail before interpersonal skills or dislike deal-
sending it, but they should print and
computer use and ing with subordinates to hide be-
read it aloud to reduce both errors etiquette for hind the computer screen. Imper-
and embarrassment. managers, as well as sonal messages frequently can take
for line personnel. the place of direct personal contact
Ensuring E-mail Efficiency and, rather than looking a subordi-
”
Time-management courses nate in the eye to convey bad news,
regularly encourage managers to the manager has the option of
streamline their process of handling communicating screen-to-screen.
written correspondence and, as a re- Avoiding Computer The electronic medium easily can
sult, improve their efficiency. To Stress at Home become a crutch to replace effective
this end, managers are encouraged The ease of accessing agency interaction and communication
to handle paper only once, write electronic systems via laptop com- with personnel or colleagues. Elec-
notes with assignments directly on puters, the volume of e-mails re- tronic communications should en-
the memorandum or document, and ceived at all hours by many manag- hance, expedite, and expand man-
keep their inbox at a manageable ers, and the expectations of agement responsibilities, but it
level. upper-level executives encourage should not replace interpersonal
Some of the same advice can managers to take their computers management and leadership skills.
apply to electronic correspondence. home on a regular basis. For many, When dealing with issues and,
To be most effective, managers in it is far easier to work on electronic particularly, bad news affecting an
the electronic world should avoid correspondence and projects at individual subordinate, hiding be-
handling an e-mail more than once. home than to face the electronic hind the computer proves both inef-
They should open it, respond to the inbox everyday. fective and morale-breaking. As
August 2003 / 13
10 Tips for Successful E-mail
Business Correspondence
• Maintain professionalism in e-mail correspondence as in any other business correspondence;
business etiquette does not change when a message is digitized.
• Respond to e-mail promptly, even if only to acknowledge initial receipt and that a more detailed
response will follow.
• Check e-mail frequently, but do not allow it to interrupt other scheduled tasks.
• Read and reread e-mails for quality, tone, grammar, spelling, and punctuation before sending
them. Do not rely solely on spell check to catch errors.
• Remember that e-mail is not private correspondence and easily can become public without
intent or consent. And, it is a permanent record of written communication.
• Do not use business e-mail for jokes or frivolous messages.
• Deal with personal or sensitive issues in person, not through an impersonal electronic medium.
• Use business e-mail as a means to get information to a number of people in an expeditious
fashion and to quickly involve others, but do not send e-mails to persons who do not have a
need to receive it.
• Use caution when responding to e-mails. How something is said in e-mail language is just as
important as what is said. No matter how emotional the issue or the contents of the e-mail
received and the resultant need to verbalize emotions, do not vent and send.
• Treat an e-mail inbox similar to a paper one: review the document, act upon it, and move on.
one retired executive cautioned, more expeditiously and with less some agencies, the open doors of
“personnel issues are personal” stress on participants than the back- managers are closing with the em-
and the impersonal electronic com- and-forth banter of e-mail. phasis on technological exchange.
munication tool should rarely, if Additionally, even for effective Managers also cannot allow
ever, be used. Performance reviews managers, an agency’s heavy em- their employees to use computers to
and disciplinary actions cannot be phasis on electronic communica- avoid interpersonal contact with
effectively administered by a “vir- tion may drive managers into their peers or even their own bosses.
tual reality supervisor” through an offices. Because their own bosses The lore of electronic communica-
exclusively electronic medium. expect an immediate response to e- tion regularly emphasizes cases
Such personnel issues require inter- mails, managers actually may de- where an employee sends an
action, personal communication, crease their own tendency to com- e-mail message to another indi-
and sensitivity, and the use of com- municate directly and personally vidual in the very next workspace or
puter messages in such circum- with subordinates and to engage in across the hall, rather than walking
stances impedes, rather than en- management by walking around. In a few feet and discussing an
courages, appropriate and effective this era of technology, managers issue. In such instances, it is the
dialogue. Managers can better should avoid becoming such slaves responsibility of the manager to
handle many issues in a face-to-face to “high tech” that they cannot en- ensure employee discourse and
meeting, often resolving matters gage in “high touch.” Yet, within interaction.
“
variety of readers than most people
anticipate. trusive and with potentially more
For example, an e-mail sent stress damage, is clear.
from the office of one chief execu- ...managers can Further, organizations should
tive officer directly to his 400 com- take certain steps provide adequate training in com-
pany managers ended up being sent to ensure that they puter use and etiquette for manag-
indirectly to his 3,100 employees ers, as well as for line personnel.
efficiently handle Managers often assume that em-
worldwide. While he stated that his
intent was motivational, the sub-
e-mails that they ployees, particularly younger per-
stance of his message was so direct receive and send. sons, possess a strong working
and its tone so negative and angry knowledge of personal computers
”
that it had the opposite effect. Not and programs. Yet, while many col-
only did it incense employees, the leges expect a certain level of com-
impact affected the value of the puter literacy, many noncollege-
company stock, which dropped 25 by, management expectations and educated, entry-level employees
percent over 3 days.8 administrative practices. An may lack the expected or desired
Further, in an audit of 4 million agency’s upper-level managers set minimum computer skills. Even
e-mail messages on its internal in- the tone for both expected business higher-level managers who devel-
formation system, one police de- practices and acceptable stress- oped in their jobs prior to the con-
partment identified 900,000 as con- management techniques. By their sistent use of computers may lack
taining objectionable, vulgar, overt actions, e-mail habits, and, more than basic computer and e-
racist, sexist, or homophobic lan- sometimes even more telling, their mail skills due to the commitments
guage. Some even documented unvocalized but transparent atti- of their current jobs and demands as
criminal conduct by officers, in- tudes, they iterate accepted uses of they rose in the organization.
cluding illegal stops or searches e-mail communication, established Proper training, then, becomes
and buying illegal drugs. 9 As business protocols, and an expected the issue. As part of the new em-
one commission similarly found level of reliance upon and response ployee orientation process, manag-
when it analyzed mobile digital to electronic communication within ers should assess the recruits’ com-
terminal messages in another police the organization. puter skills. They should build
August 2003 / 15
Bottom Lines of E-mail Stress by an up-to-date electronic and
Do not continually respond to the computer’s ongoing technological infrastructure.
messages. Tremendous strides in technol-
ogy significantly have impacted the
Screen e-mails that you receive. way organizations, including law
Screen e-mails that you send. enforcement agencies, function and
Think, read, and reread before you send. communicate. The rapid expansion
and use of e-mail have enhanced an
Treat e-mails as you would any other correspondence. organization’s ability to communi-
Leave your computer at the office. cate effectively and expeditiously.
Avoid hiding behind your computer. At the same time, an over-reliance
on e-mail as a primary means of
Remember that your e-mails can come back to haunt you. communication can hurt interper-
sonal communication within an
agency and magnify the stress of its
employees. Proper individual and
organizational efforts can ensure
agency training around the basic CONCLUSION the effectiveness of electronic com-
needs for each position. This ap- Agencies should continue to munication while minimizing its
proach avoids boring new employ- emphasize the importance of effec- harm.
ees with a regurgitation of lessons tive interpersonal, nonelectronic Endnotes
they already have learned and communication between managers, 1
“Getting the Message, Loud and Clear,”
demonstrated and ensures a mini- supervisors, and employees. Many St. Petersburg Times, April 1, 2002, sec. E,
mum level of computer skills for all agency administrators have allowed p. 9.
2
personnel. International Data Corporation, retrieved
the computer to replace good man- on March 5, 2002, from http://www.idc.com.
Additionally, as employees ad- agement communications skills. 3
“Drowning in E-mail,” St. Petersburg
vance into and through manage- Yet, to place this tool in the proper Times, February 18, 2002, sec. E, p. 11.
ment ranks, an organization should perspective, the agency has to make 4
“Get a Handle on the Technology
identify and reward expected Overload,” St. Petersburg Times, October 28,
its position on interpersonal com- 2001, sec. G, p. 1.
computer competencies. Agencies munication clear: interpersonal 5
B. A. Reaves and A. L. Goldberg, U. S.
should ensure that ranking officers communication is an issue on which Department of Justice, Office of Justice
also have professionally adequate managers are held responsible, re- Programs, Local Police Departments 1997
computer skills, just as they estab- (Washington, DC, 2000), iv.
warded, and, if inadequate or 6
For more information on COMPSTAT,
lish minimum qualification levels inappropriate, disciplined. In per- see James Larsen, “STOP CRIME: Systematic
for personnel in other areas, such as sonnel issues, and particularly in Tracking Operation Program Community
firearms and fitness. matters of discipline, evaluation, Reporting Incidents More Effectively,” FBI
Finally, the organization should Law Enforcement Bulletin, November 2002,
and job performance, agencies ex- 6-8.
clearly define accepted e-mail prac- pect to communicate personally 7
John Naisbitt, Megatrends (New York,
tices and electronic etiquette. Em- with their employees, who, in turn, NY: Warner Books, 1982), 39.
ployees should understand the rules are expected to communicate issues 8
“CEO Stung by E-mail Criticism,” St.
of computer use within their agency Petersburg Times, April 6, 2001, sec. E,
of a personal nature one-on-one pp.1 and 6.
and be held accountable for com- with their managers. 9
“You’ve Got Hate Mail,” Law Enforce-
plying with those rules. A variety of The backbone of any organiza- ment News, March 31, 2001, p. 5.
Web sites offer helpful advice and tion remains its effective em- 10
Report of the Independent Commission
practical guidelines for enhancing on the Los Angeles, California, Police
ployees who are made more Department (Christopher Commission), July 9,
electronic communication. productive, but not supplanted, 1991.
August 2003 / 17
Assault: Hair - Brown Eyes - Blue
Current: Hair - Gray Eyes - Blue
SSN: 571-50-2506
Used: 262-50-2342
Driver’s License:
California: DLN
Arkansas: DLN 571502506
Scars/Marks/Tattoos:
Mole on left check
Vital Statistics
Wilkerson walked with a limp.
FBI #: 315067D
(Noted in the 1975 incident)
apartment building undergoing renovation near the Evidence seized from the crime scene provided a
college. An autopsy disclosed that the victim had DNA profile of the offender.
sustained numerous injuries to her face from blunt On January 25, 1976, a 32-year-old white female
force in addition to post mortem amputation of both used a telephone booth at a gas station in Judsonia,
her areolas and nipples. One areola and nipple had Arkansas. As she talked on the telephone, a dark-
been inserted into the victim’s vagina and was recov- colored car pulled up, stopped at the phone booth, and
ered. The other areola and nipple never were found. waited. The victim completed her call and began to
Furthermore, the autopsy showed penetration to the walk back to her car. A man got out of the other car,
victim’s vagina and anus. The victim’s clothes, approached her with a knife, and said, “If you scream,
jewelry, purse, checkbook, and other identification I will kill you.” The offender took her by the arm and
were stolen. On February 6, 1975, the day after the put her in his car. He told the victim to take off her
victim was missing, a white male cashed a check clothes. When the victim attempted to talk to the
taken from the victim’s checkbook and attempted to offender, he stated, “If you don’t take your clothes
use her credit cards in businesses in the Tulsa area. off, I will tear them off.” He told the victim that if she
The official cause of death was ligature strangulation. did as he said, he would not hurt her. The offender
The Bulletin’s
E-mail Address
August 2003 / 19
Munchausen Syndrome by Proxy
The Importance of Behavioral Artifacts
By DEBORAH CHICZEWSKI, M.A., and MICHAEL KELLY, M.A.
I
n the 1990s, two unrelated
mothers living in different
parts of the United States had a
lot in common. Both cared for chil-
dren with significantly complex
medical problems. One woman’s
daughter suffered from constant in-
testinal problems, and the other
woman’s two foster daughters ex-
perienced a multitude of ailments
that left them weak and emaciated.
In addition, both women spent most
of their time escorting their sickly
girls from doctor to doctor. The
daughter of the first mother was
eventually hospitalized 200 times,
and all three children had to un-
dergo surgery to place feeding tubes
into their stomachs. Furthermore,
both parents received national
praise for their motherly care and
devotion to their young girls. Pros-
ecutors maintain that both women
shared one more feature, a dark se-
cret eventually exposed to televi-
sion and newspapers around the
world. They were accused of exhib-
iting symptoms of a bizarre psychi-
atric ailment called Munchausen
syndrome by proxy (MSBP) that
© PhotoDisc
led them to fabricate the girls’ ill-
nesses to fulfill their own needs for create a favorable outcome for the HISTORY
attention and sympathy1. child. Protecting America’s chil- Munchausen syndrome was
Doctors, emergency medical dren is immeasurably important; named after an 18th century digni-
services (EMS) personnel, mem- therefore, law enforcement person- tary named Baron von Munchausen
bers of protective service agencies, nel and EMS providers need to who was known for telling exag-
and law enforcement officers may know the significance of behavioral gerated stories. Individuals who
unwittingly participate in MSBP artifacts in the recognition, investi- exhibit the characteristics of
when they fail to recognize MSBP gation, and prosecution of MSBP Munchausen syndrome fabricate
behavior, treat the offender, and offenders. or exaggerate illness or sickness,
August 2003 / 21
victims but also realize that this de- with similar complaints or a personnel became aware of MSBP
termination is made over time, not variety of illnesses; in the late 1980s they began to take
just a single occurrence. In the • a family history of similar steps to protect children. High risk
event of an infant or child illness, incidents with siblings, of injury or death exists while a
police and EMS personnel should including multiple SIDS child remains in the care of the per-
request information about the his- within the family; petrator; therefore, incidents where
tory of the illnesses from the par- the child already has been hospital-
ents. Generally, they view parents • signs and symptoms disappear ized contain less risk.
as individuals who want the best for upon the child’s removal from Based on the existing laws in
their children, an assumption that the parent; and Illinois,3 video surveillance in a
perfectly suits MSBP offenders. • attempts by a caregiver to child’s hospital room may be per-
Further, police and EMS personnel convince others of illness even missible for various reasons, such
see parents as knowledgeable, car- in the absence of signs and as security of the child, constant
ing individuals extremely attentive symptoms. monitoring/assistance in diagnosis
to their children’s needs and ill- and treatment, or protection of the
nesses, which stands in direct oppo- facility and employees from allega-
“
sition to what law enforcement tions of negligence. For years, dis-
personnel learn as the characteris- cussions about videotaping sus-
tics of child abusers. As mandated Distinguishing pected MSBP offenders finally led
reporters of child abuse, however, between MSBP and to placing a camera in a room at the
police and EMS personnel must un- aforementioned children’s hospital
derstand the differences in behav- other forms of child in Chicago. In this particular case, a
iors and characteristics found in abuse remains 14-month-old girl was hospitalized
MSBP as opposed to other forms of extremely difficult... for apnea. While in her hospital
abuse. room, the child periodically would
”
Police and EMS personnel not stop breathing for no apparent rea-
only must remain aware of offend- son. She remained hospitalized for
ers’ characteristics but also must be 30 days, and medical personnel
observant of MSBP signs at a child These guidelines, along with could not uncover anything medi-
abuse or illness scene. MSBP often understanding the behavioral arti- cally wrong with her. However,
goes unrecognized because many facts that may exist, are critical to hospital personnel did make a con-
law enforcement officers have the recognition of MSBP. Artifacts nection between the mother’s pres-
never encountered, or are unfamil- can be both behavioral characteris- ence and the child exhibiting symp-
iar with, the disorder. Thus, when tics and linguistics exhibited by toms of apnea. The hospital decided
dealing with a suspected case of those who fall under MSBP. Be- to videotape the child’s room and
MSBP, law enforcement personnel cause MSBP often leads to the place a heart monitor on the child.
must alert colleagues of the abuse victim’s death, recognizing its ex- After another episode of apnea, a
to ensure correct management istence often occurs only after the review of the videotape revealed
of the investigation. They also can death of a child and a review of the that the child’s mother had put a
employ certain guidelines to help case. pillow over the child’s face to in-
in determining a case of MSBP, duce the symptoms. The physician
including— PROTECTION immediately took protective cus-
• a described medical problem MSBP makes child protection tody of the child. After being re-
that does not respond to the very difficult. An interview with moved from her mother, the girl
normal course of treatment; a previous director of social ser- exhibited no more symptoms of ap-
• multiple responses to the same vices at a children’s hospital in Chi- nea. Prosecutors eventually charged
location for the same patient cago revealed that once hospital the mother with endangering the
August 2003 / 23
to MSBP so that they can investi-
gate the abuse, help rehabilitate the
offender, and couple a prosecution Wanted:
of the offender with a favorable out- Notable Speeches
come for the child.
Distinguishing between MSBP
and other forms of child abuse re-
he FBI Law Enforcement
mains extremely difficult because
parents can deceive law enforce-
ment officers by creating the
T Bulletin seeks transcripts
of presentations made by crim-
illusion of true caregivers. In inal justice professionals for
addition to uncovering parents its Notable Speech depart-
living the lie of MSBP, officers ment. Anyone who has
and EMS personnel have a second delivered a speech recently
burden of providing support in and would like to share the
the prosecution of MSBP offenders. information with a wider
Police and EMS providers have audience may submit a trans-
contact with victims and perpetra- cript of the presentation to the
tors prior to reaching the hos- Bulletin for consideration.
pital and when the child is hospital- As with article submis-
ized, the two crucial times for rec- sions, the Bulletin staff will
ognition of MSBP. By identifying edit the speech for length and
behavioral artifacts, law enforce- clarity, but, realizing that the
ment and EMS personnel can detect information was presented
MSBP at an early stage and can orally, maintain as much of
help remove the child from the the original flavor as possible.
dangerous environment of abusive Presenters should submit their
parents. transcripts typed and double-
spaced on 8 1/2- by 11-inch
white paper with all pages
Endnotes
numbered. When possible, an
1
Marc D. Feldman, M.D., “A Parenthood electronic version of the tran-
Betrayal: The Dilemma of MSBP,” Self Help
Magazine, March 28, 1998. For more script saved on computer disk
information on MSBP, see Kathryn A. Hanon, should accompany the docu-
“Child Abuse: Munchausen’s Syndrome by ment. Send the material to:
Proxy,” FBI Law Enforcement Bulletin,
December 1991, 8-11, and Kathryn A.
Artingstall, “Munchausen Syndrome by Proxy,” Editor, FBI Law
FBI Law Enforcement Bulletin, August 1995, Enforcement Bulletin
5-11. FBI Academy
2
This conclusion is based on the authors’ Madison Building,
experience and research regarding MSBP.
3
Law enforcement officers in other states Room 209
should be aware of their states’ laws regarding Quantico, VA 22135
video surveillance and all issues related to child telephone: 703-632-1952,
abuse and MSBP. e-mail: leb@fbiacademy.edu
4
Preponderance of evidence is comparable
to the phrase “beyond a reasonable doubt” in a
criminal case.
Bulletin Reports is an edited collection of criminal justice studies, reports, and project findings. Send your
material for consideration to: FBI Law Enforcement Bulletin, Room 209, Madison Building, FBI Academy,
Quantico, VA 22135. (NOTE: The material in this section is intended to be strictly an information source and
should not be considered an endorsement by the FBI for any product or service.)
August 2003 / 25
Legal Digest
Spousal Privileges
in the Federal Law
By ROBERT KARDELL, M.B.A., J.D.
© brandXpictures
“
3) marital confidentiality.6
The number of privileges
changed when the Court in Funk v. Spousal
United States 7 overturned prior privileges are
court decisions and ruled that the a type of
spouse of the defendant voluntarily evidentiary
could testify on the defendant’s privilege.
behalf. Prior to this decision, courts
”
did not allow the spouse of the de-
fendant to testify, even if the spouse
volunteered to testify on behalf of
the defendant. This absolute rule
against spousal testimony was
based on incompetency.8 Funk ef- Special Agent Kardell serves in the
FBI's Chicago, Illinois, office.
fectively abolished incompetency
as one of the spousal privileges.
August 2003 / 27
death and divorce.10 The courts If the communication was made in about past criminal acts, or commu-
have ruled that private communica- the presence of third parties20 or nicating about future criminal activ-
tions made during marriage are pre- with the intention of being commu- ity. 26 However, there is a split
sumed to be confidential.11 This is a nicated to a third party,21 then the among the Circuits with regard to
rebuttable presumption; however, communication is not privileged. this issue. The Sixth and the Eighth
the burden of which rests with the The presence of a third party may Circuits have ruled that the con-
government.12 include a child of the marriage if the spiracy exception is limited to
For the marital communica- child is old enough to understand.22 “communications regarding ‘pa-
tions privilege to apply, there are The courts have been reluctant to tently illegal activity.’”27
three prerequisites. First, the com- extend the communications privi- The marital communications
munication must have been in lege to family members other than privilege can be waived. Courts also
words or acts intended to be com- the husband and wife. have held that disclosure, even if
municative13 or intended to convey There are two exceptions to the inadvertent or unintended, can
a message.14 “Though this privilege marital communications privilege. serve to waive the privilege. If no
has been expanded to encompass objections to the disclosure of the
more than mere conversations and information are expressed, the court
“
writings, invocation of the privilege can find that the privilege has been
requires the presence of at least a effectively waived. In United States
gesture that is communicative or in- ...private v. Brown,28 the parties agreed to
tended by one spouse to convey a hear the testimony of the spouse
message to another.”15 Observa- communications without the jury at the suggestion of
tions of the witness spouse, gener- made during the judge to determine whether the
ally, are not communications and marriage are marital communications privilege
therefore cannot be barred.16 presumed to be applied. The testimony of the
Second, the communication confidential. spouse was offered by the defen-
must be made during a valid mar- dant to prove the statements of the
riage.17 Although this prerequisite defendant were marital communi-
”
would seem to be self-explanatory, cations. But, the court held, by al-
the issue of what constitutes a valid lowing the testimony of the spouse,
marriage has been argued quite ex- the defendant had, instead, waived
tensively. If a couple is separated, First, the privilege does not apply in the privilege. In United States v.
the court will have to determine cases of crimes against the spouse Lavin, 29 the court stated “the
whether the separation is permanent or children.23 In such cases, courts holder must zealously protect the
or only temporary. This prerequi- have held that the societal interests privileged materials, taking all
site is not met if the communication far outweigh the interest of the mar- reasonable steps to prevent their
takes place while the couple is per- riage and therefore should not ap- disclosure.”30
manently separated.18 There are a ply. In United States v. Martinez,24
number of other factors that courts the court stated “[c]hildren, espe- Adverse Spousal Testimony
have considered in determining the cially those of tender years who Until Funk, the rules regarding
validity of the marriage. These fac- cannot defend themselves or com- spousal privileges had remained
tors include the filing for a divorce, plain, are vulnerable to abuse. Soci- unchanged for hundreds of years.
the conduct of the parties, the stabil- ety has a stronger interest in protect- After the Court in Funk abol-
ity of the marriage, or any other ing such children than in preserving ished incompetency as a spousal
statements or actions by the parties marital autonomy and privacy.”25 privilege, scholars and other legal
that may show their intent.19 Second, the privilege does not institutions began to question the
Third, the communication has apply in cases of spouses conspiring necessity of the adverse spousal tes-
to have been intended to be private. to commit a crime, communicating timony privilege. In Hawkins v.
August 2003 / 29
ISSUES DURING the therapist-patient privilege, but
other spouse. Courts have ruled that
INVESTIGATIVE STAGES “a spouse asserting the adverse the court noted that privileges such
spousal testimony privilege or the as therapist-patient and marital
Grand Jury Proceedings marital communications privilege communications are testimonial or
Often subpoenas are issued for may be compelled to testify if the evidentiary and not grounded in
witnesses to testify in a grand jury. prosecutor gives an adequate prom- the Constitution. The court in
These subpoenas compel the testi- Squillacote ruled that privileges
ise that the information will not be
mony of the witness. If the witness used against the other spouse.”51 that are not rooted in the Constitu-
is a spouse of the target of the grand tion are not afforded the ‘tainted
jury proceedings, the federal dis- Search Warrants, Affidavits, fruits’ analysis. Therefore, suppres-
trict court may be asked to consider or Other Court Orders sion of evidence is not the proper
whether the privileges of adverse Another common practice remedy for evidence collected from
spousal testimony or marital com- among federal investigators is the the execution of a warrant based on
munications apply in the context of use of search warrants and other privileged information. The court in
grand jury proceedings.44 In the Squillacote concluded “we do not
believe that suppression of any evi-
“
case of Grand Jury Investigation of
Hugle,45 the U.S. Court of Appeals dence derived from the privileged
for the Ninth Circuit ruled that the conversations would be proper in
marital communications privilege is Observations of this case, given that the privilege is
applicable in grand jury proceed- the witness spouse, a testimonial or evidentiary one,
ings.46 The court also determined generally, are not and not constitutionally based.”52
that the defendant spouse has stand- communications
ing to assert the privilege in grand Limits on Investigations
jury proceedings.47 and therefore What limitations do the marital
The courts have ruled in several cannot be barred. privileges place on the investigator?
cases that the adverse spousal testi- The adverse spousal testimony
”
mony privilege applies in grand privilege does not apply in cases
jury proceedings. In United States where there is no courtroom testi-
v. Calandra,48 the Court stated that a mony. Thus, for investigators, evi-
grand jury, “may not itself violate a court orders. The applications for dence and leads obtained through
valid privilege, whether established search warrants or other court or- interviewing or otherwise asking
by the Constitution, statutes, or the ders, such as telephone intercepts, questions of a spouse will not run
common law.”49 The application of are normally supported by affida- afoul adverse spousal testimony
the adverse spousal testimony privi- vits of the investigating agent or privilege. Interviews of a widow or
lege in grand jury proceedings has prosecutor. If privileged communi- an ex-spouse will not violate this
been upheld in several cases.50 cations become part of an affidavit, privilege because, as pointed out
As the privileges apply, so do what effect, if any, will this have on above, the privilege does not sur-
the exceptions. If the government the evidence collected as a result of vive death or divorce.
can meet its burden to rebut the pre- this court order? The marital communications
sumption of confidential communi- The court in United States v. privilege has undergone a similar
cations, it can compel the testimony Squillacote considered just such a analysis with regard to introducing
of one spouse against another. Fur- case. The appellant in Squillacote evidence derived from privileged
thermore, the government can over- argued that evidence gained from a information. In United States v.
come spousal privileges if the pros- warrant based on privileged infor- Cleveland,53 the defendant sought
ecutor promises not to use the mation should be suppressed. The to suppress all evidence and leads
information obtained against the privilege at issue in Squillacote was produced from interviews of his
August 2003 / 31
Endnotes 2002) (the joint crime exception to the marital the adverse spousal testimony privilege); United
1
There are two spousal privileges communications provilege does not apply to States v. Mackiewicz, 401 F.2d 219 (2nd Cir.
recognized in common law, the adverse spousal communications before the spouse becomes a 1968), cert. denied, 393 U.S. 923, 89 S. Ct.
testimony and the marital communications joint participant). 253, (1968) (spouse’s out-of-court statements
27
privileges. These collectively will be referred to United States v. Evans, 966 F.2d 398, 401 can be testified to by third party); United States
as spousal privileges. (8th Cir. 1992) cert. denied 506 U.S. 988, 113 v. Doughty, 460 F.2d 1360 (7th Cir. 1972)
2
See PL 93-595 (HR 5463), January 2, S. Ct. 502 (1992) quoting United States v. (estate tax return of spouse was admissible
1975. Sims, 755 F.2d 1239, 1243 (6th Cir. 1985) cert. because spouse did not testify against
3
Trammel v. United States, 445 U.S. 40, denied 473 U.S. 907, 105 S. Ct. 3533 (1985). defendant); United States v. Cleveland, 477
28
47, 100 S. Ct. 906, 911 (1980). 634 F.2d 819 (5th Cir. 1981). F.2d 310 (7th Cir. 1973) (defendant sought to
29
4
FRE Rule 501 refers to both federal 111 F.3d 921, 324 U.S.App.D.C. 162 suppress any statements or investigative leads
common law in criminal cases and state law in (1997). procured from his wife by a government agent
30
civil cases. As this summary was prepared to Id. at 929 and 170. but court held that statements and leads are
31
aid in the investigation of a federal criminal 358 U.S. 74, 79 S. Ct. 136 (1958). admissible); United States v. Tsinnijinnie, 601
32
case, the review of common law will be limited Supra note 3 at 41 and 908. F.2d 1035 (9th Cir. 1979) cert. denied, 445
33
to federal common law. Supra note 3 at 48 and 911, endnote 9. U.S. 966, 100 S. Ct. 1657, (1980) (court
34
5
Supra note 3 at 43 and 909. Wyatt v. United States, 362 U.S. 525, 527, admitted excited utterance of spouse); United
6
United States v. Redstone, 488 F.2d 300, 80 S. Ct. 901, 904 (1960). States v. Lefkowitz, 618 F.2d 1313 (9th Cir.
304 (8th Cir. 1973). 1980) (court allowed information supplied by
7
290 U.S. 371, 54 S. Ct. 212 (1933). spouse for use in search warrant).
“
43
8
Incompetency, under common law in cases Supra note 3 at 53 and 914, supra note 9.
44
of spousal privilege, means disqualification See generally FRE 1101(d)(2).
45
because of a spouse’s vested interest in the 754 F.2d 863 (9th Cir. 1985).
46
outcome of the trial. Id. at 864.
9
Supra note 3 at 51 and 912, quoting If the communication 47
Id. at 864.
United States v. Bryan, 339 U.S. 323, 331, was made in the 48
49
414 U.S. 338, 94 S. Ct. 613 (1974).
Id. at 346, at 619.
70 S. Ct. 724, 730 (1950) and Elkins v. United
States, 364 U.S. 206, 234, 80 S. Ct. 1437, presence of third 50
Appeal of Witness Malfitano, 633 F.2d
1454 (1960).
10
parties or with the 276 (3rd Cir. 1980), and In re Gary Snoonian,
502 F.2d 110 (1st Cir. 1974).
Pereira v. United States, 347 U.S. 1, 6,
74 S. Ct. 358, 361 (1954).
intention of being 51
United States v. Squillacote, 221 F.3d
11
Wolfe v. United States, 291 U.S. 7, 14, communicated to a 542, 559 (4th Cir. 2000).
52
Id. at 560.
54 S. Ct. 279, 280 (1934).
12
Haddad v. Lockheed Cal. Corp., 720 F.2d
third party, then the 53
Supra note 41 (Cleveland).
1454, 1456 (9th Cir. 1983). communication is not 54
A note of caution should be added here,
however. The closer a privilege begins to
13
14
Supra note 9 at 6 and 361 (1954).
See United States v. Lustig, 555 F.2d 737
privileged. resemble constitutional rights, taint analyisis
(9th Cir. 1977); see also United States v. may be applied. See United States v. Danielson,
”
Espino, 317 F.3d 788 (8th Cir. 2003). 325 F.3d 1054 (9th Cir. 2003) (infringing on
15
Supra note 13 (Espino) at 795. the attorney-client privilege can invoke Sixth
16
United States v. Leftkowitz, 618 F.2d Amendment taint analysis by the court).
55
1313, 1318 (9th Cir. 1980). Id. at 313.
56
17
United States v. Marashi, 913 F.2d 724, 35
Herman v. United States, 220 F.2d 219, 344 F.2d 770 (5th Cir. 1965).
57
729 (9th Cir. 1990). 226 (CA4 1955). Id. at 772.
58
18
United States v. Roberson, 859 F.2d 36
See generally United States v. Allery, 526 447 F.2d 894 (5th Cir. 1971).
1376, 1379 (9th Cir. 1988). F.2d 1362 (CA8 1975).
19
Id. at 1381. 37
Supra note 3 at 52 and 913.
20
Supra note 15 at 1318. 38
Supra note at 52 and 913.
Law enforcement officers of other than
21
Supra note 10 at 280. 39
Supra note at 53 and 914. federal jurisdiction who are interested
22
Supra note 10 at 16 and 281. 40
United States v. Bolzer, 556 F.2d 948, at in this article should consult their legal
23
United States v. Bahe, 128 F.3d 1440, 951 (9th Cir. 1977). advisors. Some police procedures
1446 (10th Cir. 1997), cert. denied, 523 U.S. 41
128 F.Supp.2d 291 (United States District ruled permissible under federal
1033, 118 S. Ct. 1327 (1998). Court, D. Maryland, Southern Division, 2001) constitutional law are of questionable
24
United States v. Martinez, 44 F.Supp.2d 42
United States v. Archer, 733 F.2d 354 legality under state law or are not
835, 836 (W.D. Tex. 1999). (5th Cir.1984) (court limited adverse spousal
25
Id. at 837.
permitted at all.
testimony to in court testimony); United States
26
Supra note 16 at 730. But see United v. Chapman, 866 F.2d 1326 (11th Cir. 1989)
States v. Westmoreland, 312 F.3d 302 (7th Cir. (out-of-court statements cannot be excluded by
While searching for prison escapees Officers Pablo Reyna and Gary
early one morning, Officers Eric Hoegner of the Moline, Illinois, Police
Wilkins and Eric Williams of the Fort Department were dispatched to a one-
Smith, Arkansas, Police Department vehicle crash in which the driver had
noticed smoke coming from a residen- smashed his car into the side of a gas
tial area. They rushed to the scene and station. When Officer Reyna arrived at the
found a residence engulfed in flames. scene, he observed that the driver in the
The officers quickly alerted the occu- vehicle was not breathing. Officer Reyna
pants, who ran from the house. Within removed the driver from the vehicle and
seconds, the officers learned that a 6- placed him on the ground. Officer
year-old boy still was inside. They were Hoegner and Officer Reyna immediately
told the location of the child’s room, began CPR, and the victim soon began to
but smoke and flames prevented them breath on his own. It was later learned that
from going inside the home. Instead, the victim had suffered a heart attack just
the officers removed an air conditioning prior to the crash. Moline Fire Department
unit from a window, reached inside, paramedics advised that without Officers
and safely removed the disoriented Hoegner’s and Officer Reyna’s decisive
child. The quick actions of Officers actions, the outcome of the heart attack
Wilkins and Williams saved the child’s and crash would have been fatal.
life.
Nominations for the Bulletin Notes should be based on either the rescue of one or more citizens or arrest(s) made
at unusual risk to an officer’s safety. Submissions should include a short write-up (maximum of 250 words), a
separate photograph of each nominee, 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
Investigation
FBI Law Enforcement Bulletin ISSN 0014-5688
935 Pennsylvania Avenue, N.W.
Washington, DC 20535-0001
Official Business
Penalty for Private Use $300
Subscribe Now