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August 2010

Returning
Military
Veterans
August 2010
Volume 79
Number 8
United States
Department of Justice
Federal Bureau of Investigation
Washington, DC 20535-0001

Robert S. Mueller III


Director

Contributors’ opinions and statements Features


should not be considered an
endorsement by the FBI for any policy,
program, or service.

The attorney general has determined The Returning Military Law enforcement agencies must
that the publication of this periodical
is necessary in the transaction of the
public business required by law. Use
Veteran
By Jeff Hink
1 adequately prepare for the return
home of their deployed personnel.
of funds for printing this periodical has
been approved by the director of the
Office of Management and Budget.

The FBI Law Enforcement Bulletin


(ISSN-0014-5688) is published
monthly by the Federal Bureau of The Strategic A solid SCP represents an
Investigation, 935 Pennsylvania
Avenue, N.W., Washington, D.C.
20535-0001. Periodicals postage paid
Communication Plan
By Cris Hoover
16 important communication
and leadership tool.
at Washington, D.C., and additional
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Confronting Science The Melendez-Diaz decision addresses
Editor
John E. Ott
By Craig C. King 24 the practice of using evidence affidavits
in lieu of in-person testimony by forensic
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Assistant Art Director Departments
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The Training Division’s


Outreach and Communications Unit 9 Leadership Spotlight 21 Bulletin Honors
produces this publication with
assistance from the division’s Leaders Find the Positives Lewiston Police Memorial
National Academy Unit.
Issues are available online at
http://www.fbi.gov.
10 Perspective 22 Crime Data
Maintaining Ethical Behavior Preliminary Crime Statistics
E-mail Address
leb@fbiacademy.edu
for 2009
14 Forensic Update
Cover Photo
© U.S. Air Force/Brian E. Christiansen
The FBI’s New Forensic
Anthropology Program
Send article submissions to Editor,
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ISSN 0014-5688 USPS 383-310


The Returning Military Veteran
Is Your Organization
Ready?
By Jeff Hink

“ Returning
law enforcement
veterans have served
the nation honorably
and heroicly

© DefenseImagery.mil/Sam Shore August 2010 / 1


A
young highly regarded the eventual return of reservist seen historically lower casualty
officer and decorated personnel from deployment and rates of the killed or wounded
veteran returns home have reacclimation measures than in earlier prolonged wars,
from deployment overseas, ex- in place that will benefit the such as those in Vietnam and
cited to rejoin family members employees, their families, Korea.4 However, a different
at home and serve again with fellow officers, and the commu- type of casualty has begun to
fellow officers. He could hardly nity. An effective plan can help emerge—invisible wounds,
wait to rekindle relationships accomplish this goal. such as mental health issues and
and get back to the community cognitive impairments resulting
he loved. However, upon his IMPORTANT ISSUE from deployment experiences.
return, other employees seemed As of November 2008, Upward of 35 percent of
uneasy around him, unsure if he more than 120,000 members of returning troops may experience
had changed. The agency never the National Guard and military mental health issues, such as
had sent one if its own off to reserves have been activated major depression and general-
war. Unfortunately, the officer’s as part of recent war efforts.1 ized anxiety, and seek help for
transition back to life at home Public safety professionals such problems through military
did not go as smoothly as he represent roughly 10 percent of programs.5 Common factors
had hoped. these reservists.2 Not only have leading to increased psycho-
Many law enforcement deployments involved a higher logical stress in soldiers include
officers nobly serve their proportion of the armed forces encountering roadside bombs,
country not only at home but but they have lasted longer; improvised explosive devices
also abroad. As they come back further, soldiers commonly are (IEDs), and suicide bomb-
from combat, their agencies redeployed and have infrequent ers; handling human remains;
will have challenges to address. breaks between deployments.3 killing an enemy; seeing fel-
To this end, these departments At the same time, the wars low soldiers and friends dead
must adequately prepare for in Iraq and Afghanistan have or injured; and experiencing
helplessness (e.g., an inabil-
ity to stop violent situations).6
Further, more than 26 percent


of troops who have served
in combat may suffer from
post-traumatic stress disorder
Unlike physical (PTSD), an anxiety condition
wounds of war, these that can develop after direct or
conditions…often indirect exposure to a terrify-
go unrecognized and ing event or ordeal in which
unacknowledged. someone inflicted or threatened


grave bodily harm.7 Unlike
physical wounds of war, these
conditions—although they af-
fect mood, thoughts, and behav-
Captain Jeff Hink serves with the Redondo Beach,
California, Police Department. ior—usually remain invisible to
other service personnel, family

2 / FBI Law Enforcement Bulletin


members, and society in Committee on Veterans’ Affairs as PTSD, they could find it
general; they often go unrecog- said, “I know members of our difficult to assimilate back into
nized and unacknowledged.8 Guard and Reserves oftentimes society. In addition, a portion
In 2006, 99 Army soldiers don’t think of themselves as possibly may come to the atten-
committed suicide, the highest veterans, they see themselves as tion of law enforcement because
rate in 26 years.9 Key factors, going back to their same jobs; of domestic violence or other
such as failed relationships, they sort of disassociate them- criminal activity, homelessness,
legal and financial trouble, and selves with the VA system.”10 or substance abuse.
job stress, motivated the victims Within the next 5 years,
to end their lives. Research service members and reserv- EFFECTIVE
conducted by the U.S. Depart- ists who have helped defend MEASURES
ment of Veterans Affairs found their country against terror- Law enforcement executives
that more than one-half of the ism abroad will complete their must prepare for the eventual
veterans who committed suicide tours of duty and return home return of deployed personnel
after returning home from to their communities, families, back to the communities they
the war consisted of National and jobs. Because a segment of serve. Proper preparation will
Guard or reserve members. these individuals may experi- equip the agency with the tools
One member of the U.S. Senate ence mental health issues, such and resources necessary to

© Jeff Hink

August 2010 / 3
ensure that these veterans are have engaged the MLP since unit commander, updates on
welcomed and reacclimated to its inception. “The goal of the department policy and proce-
their agency with open arms and program is to ensure the vet- dure, a meeting with a depart-
that other personnel know what eran remains part of the LAPD ment psychologist, firearms
to expect during the transition family during their deployment qualification, and a tactical
period. Fortunately, programs and to look out for their mental refresher course.15 Each unit
and services exist at some agen- health.”12 Two full-time military within the LASD staffs one of
cies that can serve as models. liaison officers (MLO) staff the department’s 80 MLOs who
Each of the highlighted the program at a cost, includ- assist their unit commander,
examples has proven success- ing salaries, benefits, and other troubleshoot issues, and provide
ful for the organizations that overhead, of about $300,000 per advice and counseling to return-
have created them. The size year.13 ing veterans. The LASD also


of the agency and the number has established a “Vets for Vets”
of personnel deployed should peer support program to provide
dictate the appropriate reserv- long-term mentorship, guid-
ist reacclimation program. Law ance, and assistance. “If you are
enforcement executives should Proper preparation paying attention to the veterans
realize the role such programs will equip the and communicating, you stand
will have in maintaining healthy agency with the a better chance of achieving
agencies. tools and resources success.”16 “Training and dia-
necessary to ensure logue are key attributes of the
Military Liaison Program program so that other depart-
that these veterans
Created in 2003, the Los ment personnel don’t think that
Angeles Police Department’s
are welcomed and
reacclimated…. the returning veterans have been
(LAPD) Military Liaison


off on a paid vacation.”17
Program (MLP) strives to offer
a central point of contact to The Santa Monica
handle the many concerns and Experience
inquiries from deployed of- For small and moderate-size
ficers’ families. The MLP has Military Activation agencies, other alternatives ex-
evolved to include assisting per- Committee ist. For instance, the Santa Mon-
sonnel before, during, and after In 2001, the Los Angeles ica Police Department (SMPD)
their military leave with any of County Sheriff’s Department has had 6 of its 200 officers
their needs, including benefits, (LASD) implemented a Military deployed since the beginning of
promotions, and transfers. The Activation Committee (MAC) the Gulf War in 2001. The agen-
department also has instituted a to address the needs of reserv- cy created an informal program
reintegration program to pro- ists called to active duty.14 Since to address returning veterans.
vide returning personnel retrain- 2002, the agency has seen about According to the SMPD deputy
ing, physical and mental health 500 of its 10,000 sworn person- chief of police, these employees
assessments, and background nel deployed. generally have a celebrity-like
checks.11 About 500 of LAPD’s The 4-day reintegration status with coworkers during
9,500 officers have been de- program developed by the MAC the first few days of their return
ployed to the war effort and includes a welcome from the to work, which has helped

4 / FBI Law Enforcement Bulletin


ease their transition process.18 culture without any negative returning veterans being well
SMPD’s 7- to 10-day reacclima- repercussions.”19 The deputy received by their agency has
tion period includes a welcome- chief would like to see the pro- an immense value and helps
home meeting between the gram become formalized in the underscore officers’ belief that
returning officer and members future: “It should become trans- their military service is mor-
of the command staff, a depart- parent and move beyond our ally right. The support and
ment orientation, a technology current administration. Some friendly atmosphere the SMPD
update, and the opportunity veterans may need more or less offered him upon his return
for the employee to temporar- time to reacclimate. Formaliz- from two previous deploy-
ily work with a partner officer. ing the program will allow that ments definitely aided his
Employees typically are back to occur.”20 transition process.21
on their own within 1 month One SMPD officer who also
of their return to the agency. serves as a U.S. Marine Corps RECOMMENDED
“We have been able to com- major is preparing for his third RESPONSE
pletely submerge our returning military deployment to Iraq Law enforcement organi-
employees back into the police since his hire. He noted that zations, especially those that

© Jeff Hink

August 2010 / 5
may hire or currently employ organization and the number of Department Education
military reservists, should con- personnel experiencing military Educating department per-
sider a formalized plan to pro- deployments can determine if sonnel about what they should
vide veterans and their families the position is a full-time or expect before, during, and
the assistance and support they ancillary role. Smaller agencies after deployment and about
need and to facilitate the smooth may consider employing a civil- PTSD will reduce misconcep-
transition of the employee to ian in a full- or part-time capac- tions and give employees a
and from the department. Such ity, depending on the needs of broad understanding of agency
a program also can help person- the organization and its budget- protocols; the issue of PTSD
nel better understand the situa- ary constraints. in the military; and how the


tion. Further, it could open lines condition affects veterans,
of communication between the friends, and family members.
agency and representatives from The training should introduce
the various branches of the mili- department members to the
tary. Four important attributes warning signs of PTSD and
of this plan are
Law enforcement
organizations… the available treatment options
1) the creation of an and also reduce the possibil-
MLO position within
should…provide
veterans and their ity that employees will fear or
the organization; avoid returning veterans.
families the assistance
2) the provision of education to and support they Employee Outreach
department personnel about
need….


the pre- and postdeployment Organizations can reach
process; out in a number of ways. For
example, agencies should
3) outreach to deployed em- consider providing time for
ployees and their families; their reservists to prepare
and Departments should choose for military activation.22 A
4) the implementation of a a rational, mature, highly department-sponsored celebra-
standardized reacclimation respected individual to fill this tion just prior to employees’
process for returning position—ideally, a veteran departure can help reassure
personnel. familiar with military protocol them that the agency looks
and procedure. The MLO will forward to their return to
Liaison Officer facilitate communication be- work. During the deployment,
The LAPD and the LASD tween the deployed employee designated members of the
have achieved enormous suc- and the organization. The department, such as the MLO,
cess in developing and imple- person will assist, counsel, and should maintain close contact
menting the MLO position in mentor the reservist before, dur- with the deployed veterans’
their agencies. This greatly ing, and after deployment. The family members to identify
helps these departments to MLO also may function as the needs that the agency can
maintain awareness of and keep liaison between the agency and assist with. Through traditional
close contact with deployed representatives from the various mail and more modern means,
personnel. The size of the branches of the armed forces. the department can maintain

6 / FBI Law Enforcement Bulletin


communication with the de- opportunity for employees reactions they may experience
ployed officers to, for instance, to consult with the personnel in the coming months.
provide agency news and department regarding payroll
updates. Another department- and benefit needs; review CONCLUSION
sponsored celebration upon department policies and Returning law enforcement
the employees’ return to work procedures, including updates veterans have served the nation
will highlight their value and that may have occurred during honorably and heroicly. Their
importance to the organization. their absence; participate in agencies should proactively
According to one officer, the firearms qualification exer- take care of their needs on a
environment veterans return to cises; obtain tactical training; consistent basis before and dur-
plays an important part in how and become reacquainted ing their deployment and upon
they will view their military with the unit commander and their return to their families and
service in the future, as well as assigned MLO. Further, as a their departments. Agencies
their psychological ability to key component of the LASD’s should ensure they have appro-
readjust to the workplace.23 reintegration plan, veterans priate support in place to make
consult a department psychol- military service all it can be
Reacclimation Process ogist, not as a fitness-for-duty for the veteran and the depart-
Most important, agencies examination, but to provide ment. Doing so will improve the
must develop and implement a an opportunity for employees health and welfare of the law
reacclimation program. Be- to learn about mental health enforcement organization and
cause more than 1 in 4 return- services available to them and will better prepare the agency
ing veterans will experience their families and to inform for instances that call for U.S.
PTSD or other mental health them of some of the common military action.
issues, a portion of returning
law enforcement veterans may
fall into this category. The
overall purpose of the reac-
climation process is to provide
a transparent procedure and
clear expectations to veterans
as to what will occur when
they return to work.
The LASD’s 4-day rein-
tegration plan represents an
excellent example of what
agencies can do to ensure that
returning reservists receive
the essential information and
training necessary to equip
them for their return to duty
and to limit agency liability.
The program provides the
© Jeff Hink

August 2010 / 7
Endnotes 8
Jaycox and Tanielian, xx. 14
U.S. Department of Justice, Office of
1
U.S. Department of Defense,
9
“High Rate of Suicides Seen in Sol- Community Oriented Policing Services, 22.
“National Guard (in Federal Status) and diers”; http://articles.latimes.com/2007/ 15
“4 Critical Days: LASD’s Transi-
Reserve Activated as of November 25, aug/16/nation/na-suicides16 (accessed tion from Foreign Battlefield to Domestic
2008,” http://www.defense.gov/Releases/ March 22, 2010). Streets”; http://www.policeone.com/patrol-
Release.aspx?ReleaseID=12373 (accessed
10
K. Hefling, “VA Chief Addresses issues/articles/1690036-4-critical-days-
March 22, 2010). Veteran Suicides,” The Bakersfield Cali- LASDs-transition-from-foreign-battlefield-
2
S. Curran and E. Ritchie, “Warrior fornian, February 13, 2008. to-domestic-streets/ (accessed March 22,
Transition by Army Reserve and National
11
“Military Liaison Program”; http:// 2010).
Guard Personnel from Combat Operations lapdonline.org/search_results/content_ 16
LASD Commander Lynda Castro,
in Iraq to Policing in the United States” basic_view/6491 (accessed March 22, who had led the MAC since 2003, interview
(presentation, 113th Annual Convention of 2010); and U.S. Department of Justice, by author.
the International Association of Chiefs of Office of Community Oriented Policing 17
Ibid.
Police, Police Psychological Services Sec- Services. Any department considering 18
Phil Sanchez, interview by author.
tion, Boston, MA, October 14, 2006). measures that involve physical and psy- 19
Ibid.
3
L. Jaycox and T. Tanielian, ed., Invis- chological exams and background checks 20
Ibid.
ible Wounds of War (Santa Monica, CA: as part of the reemployment process 21
Officer Douglas Woodhams, interview
RAND Corporation, 2008), xix. must ensure that they comply with the by author.
4
Ibid. Uniformed Services Employment and 22
Organizations must be aware of the
5
U.S. Department of Justice, Office of Reemployment Rights Act (USERRA) protections provided to employees under
Community Oriented Policing Services, of 1994. the Family and Medical Leave Act (FMLA)
Combat Deployment and the Returning
12
LAPD Captain Duane Hayakawa, and, perhaps, consider allowing additional
Police Officer (Washington, DC, 2008). who oversaw the program from 2004 to time for personnel to prepare for military
6
Jaycox and Tanielian, 5. 2008, interview by author. activation.
7
Jaycox and Tanielian, 3.
13
Ibid. 23
Woodhams.

Wanted:
Notable Speeches

T he FBI Law Enforcement Bulletin seeks transcripts of presentations made by criminal


justice professionals for its Notable Speech department. Anyone who has delivered a
speech recently and would like to share the information with a wider audience may submit a
transcript of the presentation to the Bulletin for consideration.
As with article submissions, the Bulletin staff will edit the speech for length and clarity,
but, realizing that the information was presented orally, maintain as much of the original
flavor as possible. Presenters can e-mail their transcripts. Or, they can mail them, typed and
double-spaced on 8 ½- by 11-inch white paper with all pages numbered, along with an elec-
tronic version of the transcript saved on computer disk. Send the material to: Editor, FBI
Law Enforcement Bulletin, FBI Academy, Outreach and Communications Unit, Quantico,
VA 22135, or to leb@fbiacademy.edu.

8 / FBI Law Enforcement Bulletin


Leadership Spotlight
Leaders Find the Positives

A
task force team was driving back to Following the pleasant exchange, the
the office to brief the squad super- squad supervisor tilted his head slightly,
visor following a recent operation. smiled, and asked the team leader what he
The squad supervisor had been on-site and would do differently in the next operation.
had noted some operational challenges for Self-assured because of the supervisors ob-
the team leader. Luckily, the squad pitched in vious encouragement and recognition of his
where needed and overcame these, resulting in strengths, the team leader quickly leaned in
a successful and safe operation. toward the supervisor and outlined a number
When they got back to the office, the squad of things. The team leader then asked the su-
supervisor asked the team leader into his office pervisor what he thought. The supervisor also
for what the team leader thought would be a leaned in and nodded as he commended the
serious rebuke. Having been on other opera- team leader on a good, honest self-assessment
tions throughout his career, he knew that many and added a few comments of his own. The
supervisors seemingly took great pleasure at team leader nodded in agreement. The super-
chastising people when they made mistakes. visor asked if there was anything more that
The squad supervisor was relatively new to they did not cover. The team leader smiled as
the squad, and this was his first operation ob- he shook his head, thanked the supervisor for
serving the team leader. As they walked into such a productive debriefing, and commented
the office, the supervisor, who had arranged on how excited he was to put some of the new
two chairs around a small unobtrusive coffee ideas into action on the next operation.
table, asked the team leader to make himself Reading and understanding how to bring
comfortable. By averting his eyes from the out the best in people is the great leadership
supervisor, the team leader displayed his non- challenge. Effective leaders learn to recognize
verbal discomfort because he knew what he comfort from discomfort in their people’s de-
could have done better. The supervisor noted meanor and know that it is easier to teach and
this and began speaking. To the team leader’s mentor by beginning an instructive dialogue
surprise, the squad supervisor congratulated with what went well. When the leader can
him on the successful operation and com- nonverbally de-escalate discomfort and begin
mended him for his excellent ideas. As the an enlightening dialogue with all that went
squad supervisor chatted with him, the team right, many team members will inevitably
leader began to open up a bit more. The squad want to do better and will continue to strive
supervisor, a keen observer of nonverbal be- for excellence because they know it is recog-
havior, recognized that the team leader was nized by their leaders.
aware of some of his recent shortcomings.
The squad supervisor also realized that he had Special Agent Robin K. Dreeke, an instructor at the
effectively de-escalated the team leader’s dis- Counterintelligence Training Center and an adjunct
comfort, resulting in his being in a better state faculty member of the Leadership Development
Institute, prepared this Leadership Spotlight.
of mind to discuss his recent challenges.

August 2010 / 9
Perspective

Maintaining Ethical
Behavior
By George Cartwright, M.A.

© Photos.com

A s everyone does, those who take an oath to


protect and serve the public also face ethi-
cal dilemmas. When such situations arise, officers
Officer Cartwright serves
as a training coordinator
with the Clovis, California,
carry the burden of deciding which road to take. Police Department.
They deal with temptations continually. Most law
enforcement personnel make the right choices;
however, as in any profession, some have made
poor decisions. And, once a transgression becomes
public, it often leaves those who know the perpe-
trator shocked and confused.
Ethical decision making simply involves
thought processes. Of course, life is not always
black and white with obvious answers. In the wake
of a bad choice by a law enforcement officer, ques-
tions arise. Why did he take such a stupid risk?
What was she thinking? Did they expect to get
away with it? Why do people sometimes behave
unethically?1

10 / FBI Law Enforcement Bulletin


Organizational Behavior • Do leaders seek out different perspectives and
Agency executives set the tone for what consti- potentially disconfirming points of view?
tutes acceptable behavior. Therefore, leaders must • In the last 2 years, has the organization
not only model appropriate actions but ensure that presented ethics training?
personnel who cross ethical lines face appropri-
ate consequences. Otherwise, unethical behavior • Are employees expected to fit into the
likely will increase. mainstream?
Moreover, everyone likes receiving recogni- Identification of the issues makes the conse-
tion or rewards for a job well done. Leaders must quences easier to understand. Law enforcement
ensure that personnel receive appropriate recom- organizations face the challenge of moving from a
pense for ethical behavior. Agencies may feel that reactive mind-set to a proactive one. All too often,
high ethical standards simply are expected. That changes result from hindsight, not foresight. Agen-
is true. Those burdened with cies must proactively elimi-
upholding the law must live nate the barriers that cause


above reproach. However, this unethical behavior. To this
does not mean that properly end, adopting counternorms
modeled ethical behavior does and falling into groupthink
not deserve recognition. Public Why do people represent the two most danger-
acknowledgment of excep- sometimes behave ous hazards that organizations
tional principled conduct pro- unethically? may encounter.
vides other personnel the op- If, through words or deeds,
portunity to visualize exactly leaders have sent the mes-


what the department expects sage that the agency will
from them. To identify issues tolerate unethical behavior,
and understand consequences, the organization may adopt
people have to be educated. counternorms, employee-ac-
Through a simple assessment, leaders can cepted practices that act contrary to prevailing
determine if employees receive sufficient instruc- ethical standards.3 For example, the social order
tion. Each negative answer to several questions has clearly identified such concepts as being open
exponentially amplifies the likelihood of unethical and honest, following the rules, and acting as a
behavior.2 team as valuable traits. Agencies with employees
• Has the agency actively promoted an guided by counternorms value being secretive and
environment of ethics and professionalism? devious and doing “whatever it takes” to get the
• Do leaders encourage employees to act job done. Shifting between proper standards and
according to the spirit, as well as the letter, counternorms can create ambiguity, which may
of the law? lead to unethical conduct.
In an environment rife with unethical behav-
• Does the performance appraisal system
ior, employees may exhibit groupthink, a mode of
feature an ethics component?
thinking where members of a group show more
• Are personnel expected to play it safe, interest in unanimity than in critical analysis of the
rather than bring attention to problems? issue at hand. Such personnel try to avoid focusing
• Is communication open, truthful, and harsh judgment on the ideas of their leaders or col-
unrestricted? leagues.4 Inherent dangers and pitfalls arise in this

August 2010 / 11
situation. “Usually, the more complex an issue, Society’s guardians value courage above most
the more likely groupthink can take over; people any characteristic, considering it an indispensable
are less likely to disagree when they don’t have all commodity. Law enforcement personnel represent
the community’s last line of defense. It is the of-
the facts. It is a process of rationalization that sets
in when members of a team begin to think alike. ficers who run toward the gunfire. Across the na-
It occurs when a group places higher priority on tion every day, agencies conduct training on how
organizational counternorms that lead to organi- to remain courageous under fire. Yet, does it not
zational benefits, thus encouraging and supporting require bravery to make ethical decisions? While
unethical behavior.”5 agencies likely will not dispute that fact, how often
do officers receive ethics training? Of course, law
Important Choices enforcement personnel must hone the skills that
When faced with an ethical dilemma, some could mean the difference between life and death.
people have difficulty putting aside their ego and However, officers face ethical predicaments more
asking for feedback. According to experts, emo- often than shootouts in the street. Moreover, ethi-
tionally intelligent individuals cal breaches have a tremen-
deny their ego, possess self- dous potential to ruin careers.


confidence, and seek counsel Why does the subject not
from others prior to making receive more attention? Per-
tough choices.6 Law enforce- haps, the very word ethics
ment officers are self-confident …does it not can raise many questions. Is
and intelligent, so why would require bravery it just a fancy word for do-
they not do so? For them, it is to make ethical ing the right thing? Will it be
easier said than done. They feel decisions? interpreted as another way of
that asking someone else for controlling people under the


feedback requires them to be guise of a moral code? Will the
vulnerable to that person. training really make a differ-
And, in light of the ex- ence? It takes courage to lead
pectations they feel they must in this area. It takes courage to
fulfill, police often consider vulnerability as equal conduct a cultural analysis of the organization to
to weakness. More specifically, officers seeking determine how it stacks up and to create strategies
feedback may perceive that asking someone else for a desirable outcome. The key to success lies
for advice relegates them to a subordinate role. in discussing ethics and equipping the men and
This perception, that it is weak to confer with oth- women of law enforcement with the tools needed
ers, carries danger. Two heads truly work better to be victorious when faced with a dilemma.
than one. In this regard, the temptation to behave Officers display courage when they must
unethically resembles a flowing river that searches make a decision in the midst of several unknowns.
the landscape for the path of least resistance, seek- Investigators make cases on tangible facts. Un-
ing out the weaker pockets of earth to make trav- knowns that hang in the air like so many gnats are
eling easier. Soliciting feedback and sharing the death to an investigation. But, an investigation can
burden enables others to bring attention to those be suspended; an ethical dilemma cannot be avoid-
weaker areas so they will not be overwhelmed ed. Just as running toward the gunfire requires
when the water approaches. bravery, it takes courage to make a decision when

12 / FBI Law Enforcement Bulletin


FBI Law
Enforcement Bulletin
not everything is known. And, it takes wisdom Author Guidelines
to use all available resources to close the gap
between the known and the unknown. Length: Manuscripts should contain
Conclusion 2,000 to 3,500 words (8 to 14 pages, dou-
ble-spaced) for feature articles and 1,200
Anyone easily can get caught up in circum-
to 2,000 words (5 to 8 pages, double-
stances. Some law enforcement personnel call it
spaced) for specialized departments, such
“tunnel vision.” When it occurs, officers simply
as Police Practice.
can turn their head to the right or to the left.
Format: Authors can e-mail their
That small movement disengages the brain long
articles. Or, they can mail three copies
enough to bring perspective back to the situation.
of their articles typed and double-spaced
This also applies to ethical dilemmas.
on 8 ½- by 11-inch white paper with all
The potential for unethical behavior always
pages numbered, along with an electronic
looms, and no one is above it. The difference
version saved on computer disk.
between success and failure lies in the strategy
Criteria: The Bulletin judges articles
employed. Agencies and their officers must face
on relevance to the audience, factual accu-
ethical dilemmas proactively, with measures al-
racy, analysis of the information, structure
ready in place. Ethical decisions are not always
and logical flow, style and ease of reading,
easy, and the right answer does not always make
and length. It generally does not publish
itself readily known. It is vital to a department’s
articles on similar topics within a 12-
success that those involved are not caught with
month period or accept those previously
their guard down.
published or currently under consider-
ation by other magazines. Because it is a
Endnotes government publication, the Bulletin can-
1
The Interactionist Model of Ethical Decision Making in Or- not accept articles that advertise a product
ganizations asserts that three qualities make up ethical thinking: or service. To ensure that their writing
possessing the aptitude to identify ethical issues and understand style meets the Bulletin’s requirements,
the consequences of other courses of action, having the self–
confidence to solicit feedback when making a decision, and
authors should study several issues of the
having the courage to make a decision when several unknowns magazine and contact the staff or access
linger. See Kenneth Andrews, “Ethics in Practice,” Harvard http://www.fbi.gov/publications/leb/leb.
Business Review (September/October 1989): 99-104. htm for the expanded author guidelines,
2
Joanne Speers, Jan Perkins, and Arne Croce, “Assessing the which contain additional specifications,
Ethical Culture of Your Agency,” Public Management (January/
February 2007): 10-12. detailed examples, and effective writ-
3
Ronald Sims, Ethics and Corporate Social Responsibility: ing techniques. The Bulletin will advise
Why Giants Fall (Santa Barbara, CA: Praeger Publishers, 2003). authors of acceptance or rejection but
4
Donald Brown and Donald Harvey, An Experiential Ap- cannot guarantee a publication date for
proach to Organization Development (Upper Saddle River, NJ: accepted articles, which the staff edits for
Prentice Hall, 1992).
5
Sims, Ethics and Corporate Social Responsibility. length, clarity, format, and style.
6
Kenneth Andrews, “Ethics in Practice.” Submit to: Editor, FBI Law En-
forcement Bulletin, FBI Acade-
my, Outreach and Communications
Unit, Quantico, VA 22135; telephone:
703-632-1460; fax: 703-632-1968;
e-mail: leb@fbiacademy.edu.

August 2010 / 13
Forensic Update

The FBI Laboratory


Division’s New Forensic
Anthropology Program

T he FBI’s Laboratory Division is


pleased to announce a new service:
forensic anthropology, the analysis of human
to duly constituted law enforcement agencies
in support of investigative and intelligence
priorities. The FAP is currently staffed by two
skeletal remains in a medico-legal context. full-time forensic anthropologists.
It is a branch of physical anthropology con- Laboratory analyses that FAP anthropolo-
cerned with the interpretation of skeletal fea- gists can conduct include
tures that may be shared among groups, reflect • determination of whether or not suspect
an individual’s life history, make a person material is bone;
unique, or indicate how and when someone • examination of whether bones are human
may have died. or nonhuman;
The Forensic Anthropology Program
(FAP), a subgroup of the Trace Evidence Unit • resolution of commingling (if more than
(TEU), began its pilot year in April 2010. The one body/skeleton is present);
FAP was established to provide both labora- • estimation of a deceased’s age, sex, an-
tory analysis and field assistance for cases cestry, and stature;
involving skeletal remains. Like other FBI • analysis of skeletal trauma, including
Laboratory services, forensic anthropologi- projectile, blunt force, sharp force, and
cal examinations are provided free of charge burning;

14 / FBI Law Enforcement Bulletin


• identification of skeletal features that
may help lead to identification;
• confirmation of identity by comparison
to medical records; and
• assistance with facial approximations
prepared by forensic artists.
Bones submitted for analysis should
be individually packaged in paper bags or
other breathable material and marked with
biohazard or refrigeration stickers as appro-
priate. Good judgment should be exercised
when packaging bones to minimize damage
from contact or movement during shipping.
If in doubt, please contact the Laboratory
with questions about submitting skeletal
remains. Skeletal remains submitted to the
Laboratory also can be forwarded for DNA
analysis.
FAP anthropologists also may deploy to
the field to assist with
• detection of clandestine graves;
• surface searches for scattered skeletal
remains;
• identification/location of burned or
submerged remains;
• recovery of surface or buried remains;
and
FAP anthropologists also can provide
• preliminary field analyses, which can lectures and training upon request. For more
potentially eliminate the collection and information about the FBI’s Forensic Anthro-
analysis of nonforensic material (such pology Program or for questions regarding
as animal bones). a specific case, please call TEU at 703-632-
Deployments are coordinated through 8449 or e-mail one of the anthropologists:
the Evidence Response Team Unit (ERTU). Dr. Angi Christensen (angi.christens-
Please call ERTU with requests for anthro- en@ic.fbi.gov) or Dr. Richard Thomas
pological field assistance. (richard.m.thomas@ic.fbi.gov).

August 2010 / 15
The Strategic Communication Plan
By CRIS HOOVER

© Thinkstockphotos.com

T
he most important and Unfortunately, many govern-
“Your system is perfectly designed often least understood ment and law enforcement
to give you the results that you get.” factor that moves an agencies fall into this trap and
organization from strategy adopt tactical, short-term com-
—W. Edwards Deming1 development to implementa- munication approaches when
tion is strategic communication. responding to their myriad
Research has shown that “en- constituencies. Not only does
terprises [often] fail at execu- this lack strategy but it can
tion because they go straight to undermine an organization’s
structural reorganization and long-term goals. When agen-
neglect the most powerful driv- cies fail to implement strategies
ers of effectiveness—decision as envisioned, executives often
rights and information flow.”2 look for someone or something

1616
/ FBI Law
/ FBI Enforcement
Law Bulletin
Enforcement Bulletin
to blame. However, as W. Ed- of initiatives or major organi- road map to get from strategy
wards Deming pointed out, they zational change efforts. At its development to implementation.
need look no further than the core, strategic communication
organizational system itself. must carry a particular unam- Rationale Statement
Strategic communication biguous message that not only First, a rationale statement
entails packaging a core mes- reflects an agency’s strategy but makes a concise case for the
sage that reflects an agency’s interacts with a specific vision. desired change. For example,
overall strategy, values, pur- Leaders need to take time to an organization wants to begin
pose, and mission to persuade ensure the core message reflects a structured leadership devel-
key stakeholders and enhance that vision and, if not, take steps opment program. The agency
positioning. Active, not reac- to remedy any organizational must articulate why the current
tive, it establishes organiza- dysfunctions. Many will find process is insufficient. Analyses
tional clarity and dissuades the concept of strategic com- (e.g., SWOT, gap) can expose
freelance endeavors that may munication new. However, not organizational deficiencies—
serve a few well, but detract properly framing and commu- for instance, that the present
from the organization’s over- nicating an organization’s core method lacks consistency when,
all direction and purpose. To message for targeted audiences ideally, it would provide in-
this end, one important tool, a will produce mediocre change
terconnected, progressive, and
solid strategic communication efforts and dilute overall agency
effectiveness. sequential development models
plan (SCP), should synchronize built on predictive pillars, such
organizational units and align THE COMPONENTS as operational assignments and
resources to deliver a common OF AN SCP formal education.4 The rationale
core message.3 An SCP generally has at statement should underscore
least four components, depend- this sense of here-but-not-yet
THE IMPORTANCE ing on how an agency groups tension and also summarize
OF AN SCP them. Together, they provide a the SCP goals and objectives
Of course, an agency must
have an underlying strategy
in the first place and, ideally,
incorporate strategic communi-


cations in the policy develop-
ment process, not address it as Messages
an afterthought. In a complex bombard people
world, leaders cannot simply
create a policy, push it down the
all day every day;
chain of command, and expect a strategically
it to automatically come to frui- delivered one will
tion. Messages bombard people resonate better
with employees.


all day every day; a strategically
delivered one will resonate bet-
ter with employees. SCPs can
serve this purpose and, from Special Agent Hoover is a supervisor in the DEA’s Sacramento, California, office.
an organizational perspective,
facilitate the implementation

August 2010 / 17
that will move the organization as a set of platitudes. Several envisioned future that looks at
toward strategy implementation. diagnostic tools (e.g., SWOT, least 10 years down the road.
It serves as a kind of introduc- gap, G2G) exist that can help
tion to the broader SCP. executives flesh out why an Core Values
organizational system produces Plenty of examples exist
Situational Analysis the results it does and, in most in both the private and public
The second section should instances, will lead them to the sectors of organizations that get
concentrate on determining formal vision statement.6 values right. For instance, any


where the organization is today U.S. Marine will cite honor,
and where it wants to go. The courage, and commitment as
SCP must identify issues, chal- prominent examples. These are
lenges, and barriers to com- drilled into recruits and empha-
munication along the way. To ...not properly framing sized throughout their careers
do this, the agency needs to and communicating and also comprise an integral
diagnose the existing culture, or an organization’s part of the Marines’ public rela-
how things are done now. core message...will tions efforts and organizational
For instance, an agency produce mediocre culture. Put another way, the
formally advocates develop- change efforts and Marines are clear about what
ing tomorrow’s leaders today. dilute overall agency they stand for. Even when fac-
However, rather than encourag- ing the most difficult circum-


ing leadership practices, such
effectiveness. stances, they take responsibility
as modeling the way, inspiring and act honorably.
a shared vision, challenging Also important, an agency’s
processes, enabling others to core values must be known
act, and encouraging the heart, Vision before they become meaningful.
the organization consistently An agency’s vision differs Core values are essential and
promotes into key leadership from its mission, key perfor- enduring tenets.7 If an organi-
jobs people with a rigid man- mance indicators, or goals. zation buries them in a policy
agement style.5 This kind of For example, eliminating gang document, changes them oc-
organizational doublespeak of- activity from a particular neigh- casionally, or never articulates
ten leaves employees frustrated, borhood, disrupting the flow of them to begin with, they are
stifled, and looking elsewhere drugs through a certain trans- not, by definition, core values.
for creative outlets. An agency portation corridor, or reducing A quick way to gauge whether
that consistently delivers mixed violent crime by 10 percent may an agency’s stated values truly
messages, intentionally or not, represent excellent strategic are genuine core values is to ask
may get 40 hours per week from goals, but not vision statements. employees at random to recite
employees, but not their passion While various academics and them and to assess whether the
or spirit. consultants have advocated current organizational culture
Facing the reality of how several vision-building models, reflects those values. When
things are done versus how they most organizational develop- leaders clearly define what prin-
are said to be done can prove ment practitioners agree that ciples truly serve as guides, they
instructive for executives to the foundation must include afford major decisions a sense
judge whether an agency’s vi- an organization’s core values, of consistency and certitude
sion serves as a guide or merely or guiding principles, and an because these can be filtered

18 / FBI Law Enforcement Bulletin


through the matrix of well-estab- of the strategic communication agency follows current practices
lished core values. planning process. An effective and then establishes goals and
Envisioned Future SCP must identify the funda- strategies that produce results.9
mental issues facing the organi- From the results stage, instead
Leaders must begin envi- zation and provide a framework of merely focusing on solving
sioning the future by setting to achieve articulable goals. problems and adjusting strategy
a direction. This differs from Leaders must frame the goals within the existing organization-
making plans—a management by briefly describing the chal- al structure, employees again
process—and almost certainly lenges to overcome and how question underlying assump-
involves organizational change. each specified goal will help ad- tions, which leads to neces-
Endeavoring to move an agency, vance the overall change initia- sary adjustments to the goals
especially a government bureau- tive. Strategic communication and strategies. This loop never
cracy, away from the status quo goals should be specific, mea- stops, and it produces an organi-
and toward an alternative future surable, attainable, relevant, and zation that continuously learns.
presents a monumental com- time bound (SMART), and each In a broader context, as
munications challenge, sometimes evident in
which underscores the the federal govern-
need for a good SCP. ment, an agency may
Merely announcing face direct challenges
an envisioned future by to effectively carry-
edict or via a one-time ing out its mission,
medium never works. and calls may emerge
The change message from various quarters
has to be continuous, to either consolidate or
specific, memorable, diffuse statutory author-
concise, believed, and ity. This immediately
delivered by a credible puts an organization in
guiding coalition. Perhaps most should be summarized in two or a reactive mode, indicating that
important, words and deeds must three concise sentences. Gen- an SCP did not exist to begin
remain consistent.8 The paradox- erally, three to five SCP goals with. In this example, strategic
ical part of envisioning a future, should prove sufficient without communication goals within a
however, is that while it must bogging down the process. broader strategy to avoid such
convey a degree of certainty, it An SCP goal should focus challenges in the first place
also must be just beyond reach attention on particular elements might include establishing a
and imbue aspiration. While or- of the desired change. For brain trust or guiding coalition
ganizational core values answer instance, if an agency seeks to to frame the debate before it
questions about identity, an en- create an environment where starts, increasing face-to-face
visioned future addresses direc- innovation flourishes or to interactions with members of
tion, both of which contextualize become a learning organization, Congress and staffers by 50
strategic communication goals. it may strive to have personnel percent in 60 days, or telling the
start questioning basic, underly- agency’s story and its successes
Goals and Objectives ing assumptions and implement through a focused public rela-
Setting goals encompasses, double-loop learning, which tions campaign and the estab-
perhaps, the most crucial stage involves first asking why the lishment of a speakers bureau.

August 2010 / 19
Each of these goals must have emerge. For law enforcement dialogue up and down the orga-
intermediate objectives and departments, the message for nizational hierarchy. Effective
specific timelines as bench- employees must address how media for citizen or neighbor-
marks. These goals would serve the change will increase ef- hood groups might include
a broader SCP designed to place fectiveness, esprit de corps, or town hall meetings and timely,
the agency on firm footing with other relevant cultural issues. helpful information routinely
a unified, coherent message for Concerning citizens, the mes- updated on the agency’s Web
key stakeholders. sage must tell them how their site. Media options are as var-
neighborhoods will be safer and ied as a person’s imagination,
Key Stakeholders, the their tax dollars better spent. and executives should look
Message, and Media For primary stakeholders, the beyond what has traditionally
For each strategic com- message must answer why the worked to effectively commu-
munication goal, organizations investment, financial or oth- nicate their change message.
must identify key stakeholders, erwise, will pay dividends for
specific messages for them, and them in the future. CONCLUSION


media for appropriate delivery. George Bernard Shaw said,
Navigating this step is key to “The single biggest problem in
success. If an agency does not communication is the illusion
effectively and persuasively that it has taken place.” Poor
deliver its messages, the whole An SCP generally or nonstrategic communication
exercise was for naught. has at least four for law enforcement organiza-
Stakeholders include any- components.... tions means lost opportunities,
one affected by the strategic Together, they reduced effectiveness, dimin-
communication goal, including provide a road map ished morale, and getting stuck
employees, citizens, lawmak- to get from strategy in the status quo. By developing
ers, or other groups who have a development to a strategic communication plan
vested interest in the outcome. implementation. for the organization’s change


Organizations should distin- efforts, agency leaders not only
guish key stakeholders between mitigate distractions but lead
primary (target)—the person or with focus and clarity toward
entity with the authority, power, an inspired shared vision of the
or influence to provide the or- Selecting the right me- future.
ganization with what it seeks— dium to either inform of or
Endnotes
and secondary (audience), those discuss the change depends 1
W. Edwards Deming was a statisti-
who may have influence with on the stakeholders. Most cian, university professor, and business
the target or others affected by people will more readily accept consultant famous for his 14 points for
the change. change when they have some management, credited for Japan’s dramatic
The messages must be tai- involvement in the process. increase in manufacturing efficiencies. For
lored for the respective target or For employees, this may mean additional information, see W. Edwards
Deming, Out of the Crisis (Cambridge,
audience, and an agency must interactive meetings with the MA: MIT Press, 1982).
answer the “what’s in it for chief executive, intranet blogs 2
Karla Martin, Gary Neilson, and Eliz-
me” questions that inevitably or threaded discussions, and abeth Powers, “The Secrets to Successful

20 / FBI Law Enforcement Bulletin


Strategy Execution,” Harvard Business for Strategic Planning,” FBI Law Enforce- 7
Jim Collins and Jerry Porras,
Review, June 1, 2008, 61-70. ment Bulletin, November 2005, 17-19. A “Building Your Company’s Vision,”
3
Agencies differ as to the frequency gap analysis focuses on current organiza- Harvard Business Review, September/
and purpose of SCPs. The author has not tional structures, those desired, and the gap October 1996.
found any resources that address strategic separating the two. For additional infor- 8
John Kotter, “What Leaders Really
communication planning specifically for mation, see G.R. Jones, Organizational Do,” Harvard Business Review, May/
law enforcement. Theory: Text and Cases (New York, NY: June 1990.
4
SWOT stands for strengths, weak- Addison-Wesley, 1998): 525-547. 9
Double-loop learning, as well as
nesses, opportunities, and threats. For 5
James Kouzes and Barry Posner, The single-loop learning, was pioneered
additional information, see M. Card and Leadership Challenge (San Francisco, CA: by Harvard Business School Profes-
M.R. Fairholm, “Perspectives on Strate- Jossey-Bass, 2002). sor Chris Argyris and Massachusetts
gic Thinking: From Controlling Chaos to 6
Additional information about G2G Institute of Technology Professor Donald
Embracing It,” Journal of Management (Good to Great) can be found at http:// Schon. For additional information, see
and Organization 15 (2009): 17-30; and www.jimcollins.com, (accessed January 4, http://www.infed.org/thinkers/argyris.
Randy Garner, “‘SWOT’ Tactics: Basics 2010). htm, (accessed January 5, 2010).

Bulletin Honors

Lewiston Police
Memorial

The Lewiston, Idaho, Police Depart-


ment recently unveiled a monument
honoring its fallen officers. The memorial
plaza, located in front of the agency, fea-
tures the polished stone monument draped
with an American flag; the department’s
badge is on the front, and the names of its
five officers who died in the line of duty
are written on the back. Benches and an
adjacent fountain sit nearby.

August 2010 / 21
Crime Data

Preliminary Crime Statistics for 2009


The FBI’s Preliminary Annual Uniform with populations ranging from 500,000 to
Crime Report showed that violent crime in 999,999 inhabitants. Violent crime dropped
the nation decreased 5.5 percent and property 4.0 percent in the nation’s metropolitan
crime declined 4.9 percent when compared counties and 3.0 percent in nonmetropolitan
with data from 2008. Data in the report came counties.
from 13,237 law enforcement agencies that Cities with 25,000 to 49,999 inhabitants
submitted 6 to 12 months of data in both 2008 were the only city population group to report
and 2009. The complete Preliminary Annual an increase in the number of murders, 5.3
Uniform Crime Report is available exclusively percent. The nation’s nonmetropolitan coun-
at http://www.fbi.gov/ucr/prelimsem2009/ ties also reported an increase in the number
index.html. of murders, 1.8 percent.
Forcible rape trends dropped in all city
Violent Crime population groups. The largest decrease was
All four violent crime offenses (murder 7.3 percent in cities of less than 10,000 resi-
and nonnegligent manslaughter, forcible rape, dents. Metropolitan counties reported a 3.7
robbery, and aggravated assault) declined na- percent decline in the number of rapes, but
tionwide in 2009 when compared with 2008 the number of rapes reported in nonmetro-
data. Robbery dropped 8.1 percent, murder politan counties rose slightly, 0.3 percent.
decreased 7.2 percent, aggravated assault de- All population groups reported decreases
clined 4.2 percent, and forcible rape fell 3.1 in the volume of robbery offenses in 2009.
percent. Of the city groups, those with populations of
Violent crime declined in all city groups. 100,000 to 249,999 had the largest decrease at
The largest decrease, 7.5 percent, was in cities 10.3 percent. Metropolitan counties reported

22 / FBI Law Enforcement Bulletin


a 6.7 percent drop in robberies; nonmetropoli- reported the biggest decrease in the offenses that
tan counties reported a 0.7 percent decline. comprise property crime: a 21.1 percent drop in
The number of aggravated assaults motor vehicle theft, a 5.7 percent decline in
dropped in all population groups, with cities burglary, and a 5.5 percent decrease in larceny-
of 500,000 to 999,999 inhabitants reporting a theft. In the nation’s nonmetropolitan counties,
6.3 percent decrease. Aggravated assaults fell larceny-thefts fell 9.5 percent; in metropolitan
3.7 percent in nonmetropolitan counties and counties, larceny-thefts declined 5.9 percent.
3.0 percent in metropoli- The only population group
tan counties. to indicate a rise in any
All four regions in the type of property crime was
nation showed decreases in nonmetropolitan coun-
in violent crime in 2009 ties, where burglary rose
when compared with data 0.5 percent.
from 2008. Violent crime In comparing 2008 and
decreased 6.6 percent in 2009 data by region, law
the South, 5.6 percent in enforcement agencies in
the West, 4.6 percent in the West reported the big-
the Midwest, and 3.5 per- gest decline in property
cent in the Northeast. crime, with a decrease of
6.8 percent. Property crime
Property Crime declined 5.6 percent in the
All property crime of- Midwest, 5.3 percent in the
fenses (burglary, larceny- Northeast, and 3.2 percent
theft, and motor vehicle in the South.
theft) decreased in 2009
when compared with Arson
2008 data. Motor vehicle © Photos.com Arson offenses, tracked
theft showed the largest separately from other prop-
drop in volume at 17.2 percent, larceny-thefts erty crimes, declined 10.4 percent nationwide.
declined 4.2 percent, and burglaries decreased All population groups reported decreases in the
1.7 percent. volume of arson offenses. In addition, arson
The nation’s largest cities, 1 million or fell in all four of the nation’s regions: 11.6 per-
more inhabitants, reported the greatest de- cent in the West, 10.6 percent in the South, 9.2
crease, 7.9 percent, in property crime overall. percent in the Midwest, and 8.6 percent in the
Of the city groups, this population group also Northeast.

August 2010 / 23
Legal Digest

Confronting Science
Melendez-Diaz and the Confrontation
Clause of the Sixth Amendment
By Craig C. King, J.D.
© shutterstock.com

I
n an interesting turn of its Supreme Court, merely instruct-
“In this country if someone accuses you
of something…the phrase still persists, docket this year, the U.S. ing its members to make their
‘Look me in the eye and say that’” Supreme Court agreed ruling consistent with last year’s

Justice Antonin Scalia
to hear a case with an almost Melendez-Diaz v. Massachusetts.2
identical issue as a controver- The Melendez-Diaz decision
sial decision from its last term.1 addressed the practice of using
“The eyes are the windows to the soul” That second bite at the apple, evidence affidavits in lieu of in-
however, did not bear fruit, with person testimony by forensic ex-
Persian Proverb this year’s Court issuing a one- aminers, holding that the practice
sentence opinion and sending violates the Sixth Amendment to
it back down to the Virginia the U.S. Constitution. This article

24 / FBI Law Enforcement Bulletin


explores this decision and its Melendez-Diaz. The officers results of the forensic examina-
implications for prosecutors had witnessed what appeared to tion performed on the seized
relying on such examinations.3 be plastic bags containing drugs substances.
passed between the men. Once The certificates reported
Melendez-Diaz v. arrested, the three men were put the weight of the seized
Massachusetts in a police cruiser and trans- bags and stated that the
In Melendez-Diaz v. Mas- ported to the station. After de- bags “have been examined
sachusetts, the Court expound- positing the men at the station, with the following results:
ed on its previous ruling in the officers searched the police The substance was found
the landmark case Crawford v. cruiser and found a plastic bag to contain: Cocaine.”9 The
Washington, where it interpret- containing 19 smaller plastic certificates were sworn
ed and explored the application bags hidden in the partition to before a notary public
of the constitutional provision behind the front seat. They sub- by analysts at the State
found in the Sixth Amendment mitted the seized evidence to a Laboratory Institute of the
to the Constitution known as state laboratory required by law Massachusetts Department
the Confrontation Clause. The to conduct chemical analysis of Public Health, as required
Sixth Amendment’s Confronta- upon police request.7 under Massachusetts law.10
tion Clause provides that Melendez-Diaz was charged Melendez-Diaz objected
“[i]n all criminal prosecutions, with distributing cocaine and to the admission of the cer-
the accused shall enjoy the with trafficking in cocaine in tificates. He argued that the
right...to be confronted with the an amount between 14 and 28 Confrontation Clause decision
witnesses against him.”4 This grams.8 At trial, the prosecution in Crawford v. Washington11
bedrock procedural guarantee placed into evidence the bags required the analysts to testify
applies to both federal and state seized from the police cruiser. in person. The trial court admit-
prosecutions.5 In the procedur- It also submitted three certifi- ted the certificates, as was usual
al history of Melendez-Diaz v. cates of analysis showing the practice and pursuant to state
Massachusetts, the Massachu-
setts courts admitted into evi-
dence affidavits reporting the re-


sults of forensic analysis, which
showed that material seized by
the police and connected to the The decision
defendant was cocaine. The case in Melendez-Diaz
hinges on the issue of whether provides additional
those affidavits are testimonial, clarity on the use
rendering the affiants witnesses of live testimony over
subject to the defendant’s right the introduction
of confrontation under the Sixth of testimonial
Amendment.6 documents.


In 2001, after receiving in-
formation on a drug transaction,
Boston police officers arrested Assistant General Counsel King is a legal instructor at the FBI Academy.
three men, among them Luis

August 2010 / 25
law, as “prima facie evidence of his right to confront witness- akin to dispensing with jury trial
of the composition, quality, and es against him under the Sixth because a defendant is obviously
the net weight of the narcotic... Amendment, and the Supreme guilty.”19 Elaborating on the text
analyzed.”12 Melendez-Diaz Court agreed.17 The Court con- of the Confrontation Clause, 20
was found guilty. He appealed, cluded that the Confrontation the Court stated,
contending, among other things, Clause applies to witnesses It applies to “witnesses”
that admission of the certificates against the accused, mean- against the accused—in
violated his Sixth Amendment ing “those who bear testimo- other words, those who “bear
right to be confronted with the ny.” Relying on this, the Court testimony.”21 “Testimony,” in
witnesses against him. 13
stated, “The Framers would not turn, is typically “[a] solemn
Justice Antonin Scalia, writ- have allowed admission of tes- declaration or affirmation
ing for a majority of the Court, timonial statements of a witness made for the purpose of


found that this rather common establishing or proving some
practice in many courts was, in fact.”22 An accuser who
fact, a violation of the defen- makes a formal statement to
dant’s Sixth Amendment right government officers bears
to confront witnesses against Since the decision testimony in a sense that a
him. They decided that the af- in Melendez-Diaz, person who makes a casual
fidavits in question were testi- there have been a remark to an acquaintance
monial in nature; that is, they number of cases where does not. The constitutional
were paper substitutes for live defendants have invoked text, like the history underly-
witnesses—live witnesses who the case to raise the ing the common-law right of
can and should be cross-exam- question as to whether confrontation, thus reflects
ined.14 To justify this outcome, their Confrontation an especially acute concern
the Court relied on its previous with a specific type of out-
Clause rights had
ruling in Crawford v. Washing- of-court statement.23


ton, where it explored the length been violated.
and breadth of the confrontation The Ruling in Melendez-Diaz
clause.15 The opinion authored by Jus-
tice Scalia described the class of
Crawford v. Washington who did not appear at trial un- testimonial statements covered
In 2004, the U.S. Supreme less he was unavailable to tes- by the Confrontation Clause as
Court addressed the parameters tify, and the defendant had had follows:
of the Confrontation Clause in a prior opportunity for cross- Various formulations of this
Crawford v. Washington.16 In examination.”18 The Court de- core class of testimonial
this case, a recorded statement termined that a prior opportu- statements exist: ex parte in-
of a spouse was used against nity for cross-examination was court testimony or its func-
her husband in his prosecution. mandatory and dispositive of tional equivalent—that is,
The marital privilege prevent- whether or not testimonial state- material, such as affidavits,
ed the wife from testifying, so ments of an unavailable witness custodial examinations, prior
the prosecutor submitted her re- are admissible. “Dispensing testimony that the defen-
corded statement. Crawford ar- with confrontation because tes- dant was unable to cross-
gued that this was a violation timony is obviously reliable is examine, or similar pretrial

26 / FBI Law Enforcement Bulletin


statements that declarants down and sworn to by the testimonial statements, and the
would reasonably expect declarant before an officer analysts were ‘witnesses’ for
to be used prosecutorially; authorized to administer purposes of the Sixth Amend-
extrajudicial statements... oaths.”26 They are incontro- ment. Absent a showing that
contained in formalized tes- vertibly a “solemn declara- the analysts were unavailable to
timonial materials, such as tion or affirmation made for testify at trial and that petitioner
affidavits, depositions, prior the purpose of establishing had a prior opportunity to cross-
testimony, or confessions; or proving some fact.” 27 examine them, petitioner was
statements that were made The fact in question is that entitled to ‘be confronted with’
under circumstances which the substance found in the the analysts at trial.”29
would lead an objective wit- possession of Melendez-
ness reasonably to believe Diaz and his codefendants Application of Melendez-Diaz
that the statement would be v. Massachusetts
available for use at a later Since the decision in
trial.24 Melendez-Diaz, there have
The affidavits presented at been a number of cases where
the Melendez-Diaz trial were defendants have invoked the
found by the majority of the case to raise the question as to
Court to fit into the above class whether their Confrontation
and, were to them, very clearly Clause rights had been violat-
affidavits and, thereby, subject ed.30 Defendants have tried to
to the Confrontation Clause. stretch the opinion in Melendez-
There is little doubt that the Diaz to fit other circumstances
documents at issue in this where they believed there has
case fall within the “core been a violation.
class of testimonial state- In United States v. Forstell,
ments” thus described. Our © iStockphoto.com Officer Pente Gillespie of the
description of that category U.S. Park Police stopped de-
mentions affidavits twice. 25 was, as the prosecution fendant Scott P. Forstell while
The Confrontation Clause is claimed, cocaine—the he was driving on the George
implicated by extrajudicial precise testimony the ana- Washington Parkway. Forstell
statements only insofar as lysts would be expected to was pulled over for speeding
they are contained in for- provide if called at trial. The 62 miles per hour in a 40 miles-
malized testimonial materi- “certificates” are functional- per-hour zone. While convers-
als, such as affidavits, depo- ly identical to live, in-court ing with the defendant, Officer
sitions, prior testimony, or testimony, doing “precisely Gillespie noticed that Forstell
confessions. The documents what a witness does on smelled of alcohol and that his
at issue here, while denomi- direct examination.”28 eyes appeared red and glassy.
nated by Massachusetts law According to the Court After the defendant was unable
“certificates,” are quite in Melendez-Diaz, “our de- to perform a series of roadside
plainly affidavits: “decla- cision in Crawford [was that] sobriety tests satisfactorily,
ration [s] of facts written the analysts’ affidavits were Officer Gillespie transported

August 2010 / 27
Forstell to a station house to as articulated in Melendez- in the courtroom. It is the
administer a breathalyser test Diaz v. Massachusetts. Forstell defendant’s position that ex-
to him.31 believed the accuracy of Gov- hibits 1 through 4 should not
At Forstell’s trial, the ernment Exhibits 3 and 4 had be admitted in the absence of
government called Officer not been established because the technicians’ testimony. It
Gillespie to testify about the the government did not provide is clear, however, that Gov-
events of May 8, 2009, and testimony of the person who ernment Exhibits 1 through
moved for the admission of certified Government Exhibits 3 4 are nontestimonial and,
five exhibits. Government and 4 and did not allow him to thus, their admission does
Exhibit 1 is a certificate signed cross-examine that person.36 not run afoul of the Con-


by a technician with the Radar frontation Clause. Indeed,
Lab of Maryland certifying the Melendez-Diaz decision
that a Speed Measuring Radar explicitly notes that the
Device had been checked for Court “d[id] not hold, and it
accuracy and correctness of Certain is not the case, that anyone
operation. Government Exhibit circumstances… whose testimony may be
2 is a certificate signed by a require a person relevant in establishing the
technician of the Radar Lab of take the stand chain of custody, authenticity
Maryland certifying that tun- and be subject to of sample, or accuracy of the
ing forks bearing serial num- cross-examination…. testing device, must appear


bers 093050 and 093084 had in person as part of the
been tested and found to be prosecution’s case.37 Addi-
operating properly.32 Govern- tionally, documents prepared
ment Exhibit 3 is the Intoxi- in the regular course of
lyzer 5000EN Maintenance In Forstell, the Court first equipment maintenance may
Record for the Intoxilyzer unit examined Melendez-Diaz and well qualify as nontestimo-
bearing serial number 68- *580 then applied that ruling to its nial records.”38
010813. 33 Government Exhibit own facts. The Court further reasoned
4 is a certification notice for In the instant case, Of- that Forstell did not argue that
Intoxilyzer model 5000EN, ficer Gillespie testified that the certificates did anything
serial number 68-010813, and Sergeant Donald N. Upright, more than verify the accuracy
notes that the model has been the U.S. Park Police of the testing devices and equip-
tested and found to be suitable technician who signed the ment used by the U.S. Park
for use in analyzing breath certificates presented as Police. It concluded the informa-
alcohol.34 Government Exhibit Government Exhibits 3 and tion contained in Government
5 is the results report for two 4, was not present in the Exhibits 1 through 4 merely
breath tests administered to courtroom. Similarly, the confirmed that routine accuracy
Scott P. Forstell on May 8, technician who signed the and maintenance tests were
2009, by Officer Gillespie.35 certifications of accuracy performed on the laser device,
Forstell claimed the admis- for the laser and tuning fork, tuning fork, and Intoxilyzer
sion of Government Exhibits presented as Government 5000EN unit. Certificates re-
1 through 5 violated his rights Exhibits 1 and 2, respec- garding such routine information
under the Confrontation Clause tively, also was not present fit squarely into the category of

28 / FBI Law Enforcement Bulletin


nontestimonial records carved at 1:58 a.m. According to the cross-examination of Officer
out by the Supreme Court. officer’s testimony, there was no Gillespie.41
Thus, the government is not re- radio interference with the test, In State v. Murphy, the
quired to make available at trial and, before administering the defendant tried to apply
the technicians who performed test, he reviewed the unit’s log Melendez-Diaz to the admis-
the tests for the certificates to be book to verify that no problems sion of a certificate issued by
admissible.39 had been logged with previous the secretary of state relating to
When it came to the admis- tests.40 the suspension of his driver’s
sion of Government Exhibit 5, Finally, Officer Gillespie license. 42 Officer Christopher
it also was found not to be a testified that he looked at the Woodcock, a police officer
violation of the Confrontation certification sticker on the In- with the Cumberland Police
Clause. Government Exhibit 5 toxilyzer unit to be sure that the Department, observed a vehicle
contained the results from the expiration had not passed and stopped at a road that intersects
breath test administered to the also checked to be sure the solu- Route 100 in Gray. Believing
defendant by Officer Gillespie. tion in the unit had not expired. that he had pulled over the
In addition to offering the Accordingly, the defendant had same driver days earlier for
exhibit at trial, the prosecution the opportunity to cross-exam- operating after suspension,
called Officer Gillespie to tes- ine Officer Gillespie regard- Officer Woodcock turned his
tify as to the steps he performed ing any or all of these steps to vehicle around and increased
in administering the breath determine whether he properly his speed in an attempt to view
test to the defendant. Officer performed the test. Thus, with the vehicle’s license plate
Gillespie stated that upon arriv- respect to Government Exhibit number. He soon regained
ing at the District-2 substation, 5, the defendant’s right to con- visual contact with the vehicle
he offered the defendant a glass frontation was satisfied by his and eventually came upon it,
of water, read him his rights,
and quoted him the chemical-
testing notice contained in 36
C.F.R. § 4.23. The defendant
then indicated he would take
the breath test. Officer Gillespie
further testified that he sat
across from the defendant for
the requisite 20-minute waiting
and observation period before
administering the test and that
the defendant did not vomit,
hiccup, or burp during that time.
Before conducting the test,
Officer Gillespie inspected the
defendant’s mouth, as required,
and then administered the first
breath test at 1:52 a.m. The sec- © Thinkstockphotos.com
ond breath test was conducted

August 2010 / 29
with Murphy still inside, parked been created for the admin- judge by his demeanor upon
in a driveway. After running a istration of an entity’s af- the stand and the manner in
check on the car’s license plate, fairs and not for the purpose which he gives his testimony
Officer Woodcock confirmed of establishing or proving whether he is worthy of be-
that Murphy’s license was some fact at trial—they are lief. Cross-examination has
suspended. He made contact not testimonial.48 far less utility with respect
with Murphy and obtained his The court concluded that to the information contained
license, registration, and insur- neither the certificate nor the in the certificate at issue
ance information.43 records to which it refers are here. The Bureau’s collec-
Murphy was charged with primarily maintained and em- tion and maintenance of
and pleaded not guilty to oper- ployed for purposes of criminal motor vehicle license-related
ating while license suspended prosecution. Identical certifi- information are largely auto-
or revoked44 and unlawful use cates are routinely prepared for mated, and the data collected
of a license.45 Before trial, nonprosecutorial purposes, such are not subject to any serious
Murphy moved to exclude from as administrative motor vehicle interpretation, judgment, or
evidence a certificate issued by proceedings and insurance- analysis. Our constitutional
the secretary of state, asserting related inquiries. analysis should not ignore


that the admission of the cer- the context in which these
tificate would violate his Sixth records are produced. Be-
Amendment right to confront cause neutral, bureaucratic
witnesses.46 information from routinely
The Supreme Judicial Court Determining maintained public records is
of Maine ruled “Melendez-Diaz when a document is not obtained by use of spe-
might be interpreted as extend- testimonial is a new cialized methodology, there
ing the definition of testimony issue that lower courts is little, if any, practical
beyond sworn certificates ad- still are exploring on a benefit to applying the cru-
dressing scientific analysis pre- case-by-case basis. cible of cross-examination


pared for purposes of a criminal against those who maintain
prosecution, to include sworn the information.49
certificates that authenticate Defendants have asserted
and summarize routine govern- Melendez-Diaz violations
mental records. The opinion The nature of the Confronta- regarding the admission of
contains conflicting signals on tion Clause itself also guided varied types of records main-
this point. The Court’s majority the Murphy court. tained by police departments.
recognized that, by their nature, Cross-examination guar- In State v. Fitzwater, an officer
business and public records are antees that the accused has in Hawaii issued a speeding
not testimonial.”47 an opportunity, not only of ticket to a motorcyclist after
Business and public records testing the recollection and “pacing” the motorcycle doing
are generally admissible sifting the conscience of the 70 miles per hour in a 30 miles-
absent confrontation not witness, but of compelling per-hour zone.50 The defendant
because they qualify under him to stand face to face claimed his right to confronta-
an exception to the hearsay with the jury in order that tion had been violated pursuant
rules, but because—having they may look at him, and to Melendez-Diaz because the

30 / FBI Law Enforcement Bulletin


prosecution introduced into Conclusion 4
Id.
evidence a speed-check card.
5
Pointer v. Texas, 380 U.S. 400, 406,
The decision in Melendez- 85 S. Ct. 1065, 13 L.Ed.2d 923 (1965).
The speed-check card was a Diaz provides additional clarity 6
Melendez-Diaz v. Massachusetts, 129
record kept routinely by the on the use of live testimony S. Ct. 2527 U.S.Mass., (2009).
police verifying the accuracy over the introduction of testimo- 7
Id.
of the speedometers on police nial documents. Certain circum-
8
Ch. 94C, §§ 32A, 32E(b)(1).
vehicles. Fitzwater claimed he
9
App. to Pet. for Cert. 24a, 26a, 28a.
stances, such as the laboratory 10
Mass. Gen. Laws, ch. 111, § 13.
had a right to confront the me- reports prepared for prosecu- 11
Crawford v. Washington, 541 U.S. 36,
chanic who performed the test. tion in the Melendez-Diaz 124 S. Ct. 1354, 158 L.Ed.2d 177 (2004).
Using similar reasoning related case, require a person take the 12
Mass. Gen. Laws, ch. 111, § 13.
to business records, the Su- stand and be subject to cross-
13
Melendez-Diaz v. Massachusetts, 129
S. Ct. 2527 U.S.Mass., (2009).
preme Court of Hawaii rejected examination, instead of merely 14
Id.
Fitzwater’s claims. The speed- submitting the testimonial docu- 15
Crawford v. Washington, 541 U.S.
check cards were not prepared ment. This is in keeping with 36, 124 S. Ct. 1354, 158 L.Ed.2d 177
with prosecution in mind and (2004).
were kept in the ordinary course 16
Id.
17
Id.
of business; additionally, the of- 18
Id.
ficer driving the vehicle testified 19
Id.
and was cross-examined by the 20
The most famous out-of-court
defendant.51 statements in legal history used against a
Other attempts at applying defendant on trial is the treason case of Sir
Walter Raleigh. Raleigh was being tried
Melendez-Diaz have included in England for treason, a plot to remove
challenges to DNA results the King; the evidence against him came
when a technician other than mostly from the forced confession of an
the one who conducted the test alleged coconspirator, Lord Cobham.
testified and the report was Cobham’s confession was placed into
evidence, but Raleigh was repeatedly
admitted. The Appellate Court denied the opportunity to confront his ac-
of Illinois rejected this asser- cuser. The trial of Raleigh is notorious in
tion—explaining confrontation © Thinkstockphotos.com
the annuls of legal history; it is often cited
was satisfied by the testifying the Sixth Amendment right to as being the catalyst for the Sixth Amend-
technician who interpreted the confront witnesses against you. ment, Confrontation Clause.
21
2 N. Webster, An American Diction-
results of the admitted report on Determining when a document ary of the English Language (1828).
the stand. Because the witness is testimonial is a new issue that 22
Crawford v. Washington, 541 U.S. 36,
was a qualified technician able lower courts still are exploring 124 S. Ct. 1354, 158 L.Ed.2d 177 (2004).
to testify about the report, there on a case-by-case basis. 23
Id.
was no need to call the actual
24
Melendez-Diaz v. Massachusetts, 129
S. Ct. 2527 U.S.Mass., (2009).
testing technician.52 Finally, Endnotes 25
See also White v. Illinois, 502 U.S.
the Confrontation Clause and 1
Magruder v. Commonwealth of 346, 365, 112 S. Ct. 736, 116 L.Ed.2d 848
Melendez-Diaz do not apply in Virginia, 275 Va. 283, 657 S.E.2d 113 Va., (1992) (THOMAS, J., concurring in part
probation revocation hearings, (2008). and concurring in judgment).
2
Briscoe v. Virginia, 130 S. Ct. 1316 Black’s Law Dictionary 62 (8th
making probation reports ad-
26

(Mem) U.S., (2010). ed.2004).


missible without the testimony 3
Melendez-Diaz v. Massachusetts, 129 27
Crawford, supra, at 51, 124 S.
of the preparer.53 S. Ct. 2527 U.S.Mass., (2009). Ct. 1354 (quoting 2 N. Webster, An

August 2010 / 31
American Dictionary of the English a transmitter frequency of 35.600 Ghz and Police, indicates that on April 14, 2009,
Language (1828)). a maximum aperture power density of 0.15 maintenance and instrument checks were
28
Davis v. Washington, 547 U.S. 813, mw om. Antenna 1, bearing serial number performed on the Intoxilyzer unit.
830, 126 S. Ct. 2266, 165 L.Ed.2d 224 G2-02981, was found to have a transmitter 35
United States v. Forstell, 656
(2006) (emphasis deleted). frequency of 35.600 Ghz and a maximum F.Supp.2d 578, E.D.Va. (2009).
29
Melendez-Diaz v. Massachusetts, 129 aperture power density of 0.15 mw om. In 36
Id.
S. Ct. 2527 U.S.Mass., (2009). addition to noting that the laser being certi- 37
129 S. Ct. at n. 1. See also Lar-
30
Melendez-Diaz has even found its fied was model type GEN II, the certificate kin v. Yates, 2009 WL 2049991, n. 2
way into the employment context. In lists two serial numbers for associated (C.D.Cal.2009) (noting that Melendez-
Sutera v. Transportation Sec. Admin., units. These serial numbers, 093050 and Diaz “explicitly rejected the suggestion
Sutera was employed as a lead trans- 093084 match the serial numbers of the that the Confrontation Clause required
portation security officer by defendant tuning forks that are the subject of the that every person whose testimony might
Transportation Security Administration certificate marked Government Exhibit 2. be relevant to the authenticity of sample
(TSA). TSA policy requires employees Finally, the certificate marked as Govern- or accuracy of a testing device appear in
to report to work free from any effects of ment Exhibit 1 bears an expiration date of person as part of the prosecution’s case”).
alcohol or drugs; it mandates removal for April 16, 2010. 38
Melendez-Diaz, 129 S. Ct. at n. 1.


offenses that involve the use of drugs or 39
United States v. Forstell, 656
alcohol. The policy requires random drug F.Supp.2d 578, E.D.Va. (2009).
and alcohol testing of designated classes 40
Id.
of employees, including transportation 41
Id.
security officers, such as Sutera, because State v. Murphy, 991 A.2d 35, 2010
The Confrontation
42

they occupy safety- or security-sensitive ME 28.


positions. Sutera was asked to provide Clause and 43
Id.
a urine sample for a random drug test. Melendez-Diaz do 44
(Class E), 29-A M.R.S. § 2412-A(1-
Following the test, the TSA held three not apply in probation A)(D).
(Class E), 29-A M.R.S. § 2102(1)
predecisional meetings with plaintiff, 45

informing and discussing with him the revocation hearings, (2009).


fact that his sample tested positive for making probation 46
State v. Murphy, 991 A.2d 35, 2010
marijuana. After his termination, Sutera reports admissible ME 28.
invoked Melendez-Diaz, claiming that dur- 47
Id.
ing his administrative hearings, he never
without the testimony 48
Id.


was afforded the opportunity to confront of the preparer. 49
Id.
the person or persons who tested his urine. 50
State v. Fitzwater, 122 Hawaii 354,
The U.S. District Court for the Eastern 227 P.3d 520 Hawaii (2010).
District of New York was quick to point 51
Id.
out that confrontation was a right reserved 52
People v. Johnson, 394 Ill.App.3d
for “criminal” prosecutions and not infor- 33
Specifically, the certificate states 1027, 333 Ill.Dec., 774 Ill.App. 1 Dist.,
mal administrative hearings. that the tuning fork bearing serial number (2009).
31
United States v. Forstell, 656 093050 had been tested and found to oscil- 53
People v. Gomez, 181 Cal.App.4th
F.Supp.2d 578, E.D.Va. (2009). late at 3.74=5 Hz at 70 degrees Fahrenheit 1028, 104 Cal.Rptr.3d 683, Cal.App. 2
32
Specifically, the certificate states that and will cause a Doppler traffic radar Dist., (2010).
the transmitter frequency of the Speed transmitting at 35.600 GHz to display
Measuring Radar Device bearing the se- 35.2 MPH Km/h and that the tuning fork
rial number G2-2651 had been tested and bearing serial number 093084 has been Law enforcement officers of other than
found to be within the prescribed limits. tested and found to oscillate at 5.37 =5 Hz federal jurisdiction who are interested
According to the certificate, the Speed at 70 degrees Fahrenheit and will cause a in this article should consult their legal
Measuring Radar Device is certified ac- Doppler traffic radar transmitting at 35.600 advisors. Some police procedures ruled
curately within +/-1 mph (+/-2 kph) in GHz to display 50.6 MPH KM/h. permissible under federal constitutional
stationary mode and/or +/-1 mph (+/-2 34
The certificate, which is signed by law are of questionable legality under
kph) in moving mode. Antenna 1, bearing Sergeant Donald N. Upright, a technician state law or are not permitted at all.
serial number G2-05114 was found to have in the Traffic Safety Unit of the U.S. Park

32 / FBI Law Enforcement Bulletin


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
those situations that transcend the normal rigors of the law enforcement profession.

Early one morning, Lieutenant Dave Doebel of the Storm Lake, Iowa,
Police Department responded to a one-car accident at an intersection. Upon
his arrival, he encountered a vehicle that had left the roadway and struck a
power pole, causing the car to catch on fire. Lieutenant Doebel saw that the
unconscious driver was trapped inside. Quickly, Lieutenant Doebel used a
small fire extinguisher to fight the flames, freed the victim’s trapped legs,
and pulled him out of the vehicle to a safe spot. Moments later, the vehicle
exploded. Lieutenant Doebel then extinguished the fire burning on the vic-
tim’s pants. The critically injured driver survived.
Lieutenant Doebel

One night, the Bradenton, Florida, Police Department received an emer-


gency call regarding a structure fire. Immediately, Sergeant William Knight
responded. Arriving in minutes, he saw a mobile home fully engulfed in
flames. As Sergeant Knight exited his vehicle, he saw an adult male, later
identified as the lone resident, standing just outside. Upon seeing the of-
ficer, the man quickly turned and headed inside, into the flames. Without
hesitation, Sergeant Knight entered the home. After locating the individual,
Sergeant Knight began pulling him to safety; the resident resisted, broke
free, and attempted to run further into the flames. Sergeant Knight followed
Sergeant Knight
and forcefully removed the man from the burning residence.

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 mailed
to the Editor, FBI Law Enforcement Bulletin, FBI Academy, Quantico, VA
22135 or e-mailed to leb@fbiacademy.edu.
U.S. Department of Justice Periodicals
Federal Bureau of Investigation Postage and Fees Paid
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FBI Law Enforcement Bulletin ISSN 0014-5688
935 Pennsylvania Avenue, N.W.
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Patch Call

The University of Delaware, in the city of The city of Bradenton, Florida, incorporated
Newark, was established in 1743. The patch of its in 1903, is located on the south side of Tampa Bay
police department depicts Memorial Hall, erected and is bordered by the Gulf of Mexico and the
by citizens as the state’s World War I memorial and Manatee River. The patch of its police department
listed on the National Register of Historic Sites. It features the United States, Florida, and Bradenton
served as the university library from 1924 to 1963 flags, which symbolize the agency’s service to its
and now houses the Department of English. country, state, and city.