LEO’s Role

A sample log illustrates how LEO helped convey information to law enforcement personnel during the aftermath of Katrina. This represents only one example of the many ways that LEO can contribute to the intelligence, investigative, and safety functions in law enforcement. Like the Internet on which it is built, LEO can be whatever its members want it to be.

Monday, August 29: As early morning weather reports warn of Katrina barreling toward New Orleans, the head of the FBI’s LEO Policy, Planning, and Membership Unit keeps a close watch on the hurricane’s progress. He advises the author and another agent to prepare for the possibility of setting up a virtual command center (VCC). A VCC runs a software program that provides the capability to maintain an awareness of evolving situations for crisis management, allowing LEO members to track, display, and disseminate information in real time about street-level and tactical activities. After Katrina hits New Orleans and flood waters approach the FBI’s office there, LEO personnel at the Criminal Justice Information Services (CJIS) Division in Clarksburg, West Virginia, create two VCCs that serve the affected area. VCC #1 provides aid specific to the FBI’s temporary emergency local office, quickly set up in Baton Rouge, that helps track FBI employees and their relatives in and around New Orleans. VCC #2, also located in Baton Rouge, is a multifaceted tool to enhance the greater law enforcement community’s situational awareness; it enables FBI Headquarters in Washington, D.C., to monitor events and resources in the affected areas and to help provide federal, state, and local support to the first responders. LEO personnel at FBI Headquarters support VCC #2 by processing LEO applications and updating the highlights page and other information.

Tuesday, August 30: About 20 calls per hour from FBI offices across the country come into the Baton Rouge command posts to update the two VCCs. Most cellular and landline phones in the area do not work because of disabled electricity and communications lines, but a generator at the command post recharges cell phone batteries and powers the VCC.

Wednesday, August 31: VCC operators continue providing disaster recovery services to Alabama, Louisiana, and Mississippi. They track supplies and keep in touch with federal, state, and local government agencies and FBI Headquarters.

Thursday, September 1: From August 29 to September 1, LEO personnel process more than 150 new applications from federal government entities and local law enforcement for membership in LEO. This tally includes only those applications from personnel whose duties relate specifically to the Katrina disaster.

Monday, September 5: As part of the VCC’s services, LEO personnel generate the Hurricane Katrina Resource Locations map, which identifies the location of supplies, incident command posts, dispatching centers, FEMA offices, and other key resources. This and other maps, such as the Water Depth Analysis one, demonstrate how information and expertise can translate into ways to deliver concrete assistance. All LEO members can view the maps to learn the type and location of available re-sources and the areas deeply affected by flooding. From September 5 through 7, FBI staff from CJIS hold conference calls with LEO personnel and law enforcement officers from affected areas to continue coordinating support for disaster recovery efforts.

Friday, September 9: By now, the flood waters have receded enough for the administration of VCC #2 to move from Baton Rouge to a newly established multiagency command post in New Orleans. Three days later, a new phase of LEO’s response to Hurricane Katrina begins when the FBI’s Criminal Investigative Division requests that LEO personnel set up a third VCC, operated from a command post at CJIS, to provide antifraud support. The TV news programs display the FBI’s hotline number that people can use to report suspected fraud related to relief efforts. Examples of such fraud include people posing as Katrina victims while trying to cash counterfeit FEMA checks or attempting to file fraudulent insurance claims.

The FBI’s Strategic Information and Operations Center, which keeps a close eye on trends worldwide, posts NAS alerts as needed. Additionally, one member of each LEO Special Interest Group (SIG) has the appropriate authority to post a national alert.³ The VCC and NAS features of LEO are, in part, the reason it is called “a one-stop shop for the law enforcement community for FBI intelligence information, providing a central hub for horizontal and vertical information sharing to support investigative programs.”⁴

In a presentation at the 2003 Annual International Association of Chiefs of Police Conference, FBI Director Robert S. Mueller III endorsed the LEO NAS as the means by which the FBI would securely and expeditiously provide critical information to the law enforcement community. This effort constitutes part of the recommendation—included in the National Criminal Intelligence Sharing Plan developed by the Global Intelligence Working Group—that LEO become the national communications system for all levels of the law enforcement community. LEO’s partnership with the Regional Information Sharing Systems (RISS) enhances its capability to share information. The LEORISS electronic interface enables registered users to access both systems with a single logon and provides them with a secure e-mail system.

An Investigative Tool

Members use LEO’s broad range of services in many different ways, depending on the needs of their individual agencies. LEO’s value during the investigation of crimes and terrorist threats comprises a key feature that appeals to many members. For example, regional law enforcement agencies attempting to combat the proliferation of sales of stolen property in pawn shops could learn about similar initiatives nationwide by going to a topic-specific Web site. Using LEO, however, might provide more comprehensive investigative information because law enforcement personnel can track trends of not only specific crimes but also multiple criminal offenses throughout the country. This broad picture could prove valuable in an investigation. During Katrina, people posing as victims tried to file false insurance claims on hurricane-damaged property that they never owned and tried to cash computer-generated checks supposedly from FEMA, claiming that they had lost their identification papers during the hurricane. With LEO, investigators tracked these fraudulent activities and identified trends showing spikes as a direct result of the hurricane. Thus, law enforcement nationwide knew to look out for these types of fraud.

A Sample of LEO Services

Native Services⁵

eLearning: Courses include antiterrorism, forensic, and investigative training

Special Topics Index, e.g., cargo theft, legal updates, drug trafficking, stolen art

LEO Library: Publications and technical bulletins; controlled access to relevant Internet sites

LEOSIGs: Custom services, e.g., private segmented areas for user groups; SIGs create, for example, newsgroups and chat rooms

Mailing lists via listserv: Supports general and SIG mailing capability

E-mail within LEO community: Scanned for viruses, worms, trojan horses—both incoming and outgoing; hourly virus updates

Search engine: Controls access within LEO portal services

Hosted Services⁶

Infrastructure Protection Directorate: National focal point fostering dialog about computer intrusions

Law Enforcement Interagency Linguist Access (LEILA): Sharing with intelligence community linguist resources who have consented to being in the LEILA database

National Alert System (NAS): Real-time secure alerts via LEO to law enforcement community nationwide; for sensitive but unclassified security-related alerts; generates pop-up screens sent to wireless devices

Portal Services⁷

Regional Information Sharing Systems: Program funded by U.S. Department of Justice; targets such activities as drug trafficking, terrorism, violent crime, cyber-crime, and gang activity; shares intelligence across jurisdictions

Joint Terrorism Task Force Information Sharing Initiative: Access at LEO controlled through LEOSIG

Joint Automated Booking System: Handles data collected during booking process; shares with Bureau of Prisons, DEA, FBI, Bureau of Immigration and Customs Enforcement, and U.S. Marshals Service

National Center for Missing and Exploited Children: Helps local and federal law enforcement share information

National Law Enforcement Telecommunications System: Connectivity tool

Internet Café: Can facilitate NAS postings propagating from LEO to café e-mail system

2 Encryption and secure transmission methods maintain the integrity of the alerts.

3 LEO Special Interest Groups are made up of authorized users who share a common organizational purpose or technological discipline.

4 Special Agent Kenneth A. Cassine, chief of the FBI’s LEO Policy, Planning, and Membership Unit, Programs Support Section, Criminal Justice Information Services Division, Clarksburg, West Virginia.

5 Native services are provided to all LEO members via a Web browser or other interface.

6 Hosted services exist within the LEO network and have their own database or applications for storing and retrieving interest-specific information.

7 Portal services provide connectivity to or from remote law enforcement services not housed or maintained on the LEO network but connected via a wide-area network or secure Internet link.

Focus on Forensics

Forensic Nursing
An Aid to Law Enforcement

Gunshot wounds, drug overdoses, sexual assaults, and stabbings constitute just a few cases that involve forensic nurses who administer medical attention to individuals with traumatic injuries and those involved in catastrophic accidents, as well as provide assessment and care to both victims and perpetrators of crime and to their families. ² A relatively new field in the criminal justice arena, forensic nursing originated in the early 1990s. While not lawyers or police officers, forensic nurses provide a needed link between medicine and the law. In 1992, 70 nurses gathered in Minneapolis, Minnesota, for the first national convention of sexual assault nurses, which led to the formation of the International Association of Forensic Nurses (IAFN) ³ . Three years later, the American Nurses Association officially recognized forensic nursing. ⁴ As of 2004, the IAFN has over 2,400 members.⁵ As a result, forensic nursing has become one of the fastest growing specialties in the field of nursing.

Forensic nurses must be a registered nurse (RN), ⁶ a trained medical professional licensed by a state authority. ⁷ Once they have earned an RN license, nurses who desire to specialize can take selected courses in the field of forensic science that would cover such topics as collection and preservation of physical evidence, wound identification, law enforcement investigation, documentation procedures and chain of custody, and preparation for court testimony. ⁸ Various universities across the nation provide education and training for those seeking a career as a forensic nurse, presenting them with classroom lectures and discussions, laboratory experience, and internships at local hospitals. One forensic nurse indicated that she first became an RN and later decided to become a forensic nurse. She successfully completed the required courses, including evidence preservation and collection, photography, and wound identification. She also observed the functions of law enforcement by riding with a police officer for a specified number of hours and learned about the courtroom process by witnessing trial procedures. ⁹

THE LAW ENFORCEMENT ASSOCIATION

ASSOCIATION The general term forensic nurse encompasses several areas of expertise that RNs can specialize in to aid law enforcement officers in many ways. These include sexual assault nurse examiners, forensic correctional nurses, forensic geriatric nurses, forensic legal nurse consultants, forensic nurse investigators, forensic pediatric nurses, and forensic psychiatric nurses.

Sexual Assault Nurse Examiners

The sexual assault nurse examiner (SANE) ¹⁰ specializes in providing care and treatment to sexual assault victims.¹¹ The duties of the SANE include assessing injury, objectively documenting the health history of the victim, recording information about the crime, screening for sexually transmitted diseases, collecting and preserving forensic evidence, and aiding the victim. ¹² Because SANEs frequently work closely with assault victims, most possess some education and knowledge in the field of victimology, the study of victims and crime. ¹³ Most SANEs follow the victim through the entire criminal justice system, often offering a sympathetic ear. SANEs operate on the belief that victims should receive thorough medical evaluations, treatment by skilled professionals, and knowledgeable support.¹⁴All SANEs have to be certified through a comprehensive, usually 40-hour, training program that includes gathering medical histories from victims, conducting physical exams, identifying wounds and patterned injuries, and collecting evidence, as well as learning some interview techniques and basic forensic photography. This training also may prove valuable to law enforcement officers investigating cases of assault.¹⁵

Forensic Correctional Nurses

Forensic correctional nurses provide medical attention to individuals charged and convicted of a crime. They often are employed in prisons, jails, and juvenile detention centers. ¹⁶Their responsibilities include giving prescribed medications to inmates, running the correctional facility’s hospital, and treating the victims of inmate fights. Forensic correctional nurses also serve as potential negotiators. For example, an inmate barricaded himself in his room and, using a mop ringer as a weapon, threatened to kill the first person who attempted to intervene. Officials called in a forensic correctional nurse who told the prisoner that police officers were en route, and, if he did not immediately calm down, they would take corrective action. The inmate, known to tear through restraints, broke down and submitted without incident.¹⁷

Forensic Geriatric Nurses

Forensic geriatric nurses care for aging individuals and often handle the human rights issues of abuse, neglect, or exploitation.18 Nursing home facilities or retirement communities usually employ these nurses who also can have their own independent practices.19 They use their knowledge and skills most often in cases of elder abuse or neglect. In one incident, an elderly woman arrived in the emergency room of a hospital with a swollen right eye, bruises on her arms, and severe dehydration. The forensic geriatric nurse on staff took pictures of the injuries as they appeared to be possible signs of elder abuse. When the elderly woman became coherent 2 days later, she explained that her son had become frustrated with her declining health. She stated that he would tell her that she needed to try harder. If she failed to do so, he would strike her. The intervention of the forensic geriatric nurse prevented the woman from being released her back to her son. Instead, she was immediately assigned to an assisted living center where she would have minimal contact with her son.²⁰

Forensic Legal Nurse Consultants

Forensic legal nurse consultants use their clinical knowledge to assist attorneys in cases where law and medicine overlap.²¹ They often use their knowledge in civil, rather than criminal, cases.²² These nurses typically have their own practices or work for major law or insurance firms. Their duties can include verifying malpractice and negligence claims, preparing and analyzing records, providing legal assistance, and serving as expert witnesses.²³ While law enforcement officers focus on criminal law, they also may have to testify in civil litigations (tort actions), such as automobile accidents and assaults. The forensic legal nurse consultant could aid officers in understanding the components of civil actions. For example, in a malpractice case where a man died as a result of a farming accident, a forensic legal nurse consultant reviewed the file information and testified that the doctor was negligent when allowing the patient to be air transported to the hospital before he was stable.²⁴ If police officers had arrived on the scene to assist the victim or to investigate the incident, they most likely would have been named in the lawsuit.

Forensic Nursing Programs in the United States

General Forensic Nursing

Beth-El College of Nursing, Colorado Springs, CO Bossier Parish, North Bossier City, LA University of Pennsylvania, Philadelphia, PA University of Scranton, Scranton, PA

Graduate Level

Duquesne University, Pittsburgh, PA Gonzaga University, Spokane, WA John Hopkins University,

School of Nursing, Baltimore, MD Monmouth University, West Long Branch, NJ

Source: http://www.iafn.org/resources/ educational.html

Forensic Nurse Investigators

Employed by medical examiners, forensic nurse investigators conduct scientific investigations of the crime scene and the circumstances surrounding the victim’s death.²⁵ For instance, a 6month-old baby was found dead in his crib, and the forensic nurse investigator was called to investigate the death. Upon arrival at the scene, she was told that there was no history of disease or abuse. When the nurse entered the child’s room, she noticed a distinct odor of vomit. She asked the mother if the baby had been sick. The forensic nurse investigator learned that while the baby had shown no signs of previous illness, his older brother had complained of stomach problems for several days.

The nurse observed green paint peeling off the steam radiator pipe that snaked across the apartment. She lifted the dead infant’s lip and observed a thin, bluish lead line on the baby’s gums. She then instructed the mother to have herself and her children tested for lead poisoning. The test verified the nurse’s suspicions. The entire family had contracted lead poisoning from the paint flaking off the pipe.²⁶

Forensic Pediatric Nurses

Forensic pediatric nurses care for children and often encounter the human rights issues of abuse, neglect, or exploitation.²⁷ These nurses often are in independent practices or work in the pediatric department of hospitals.²⁸ In one case, an 8-year-old girl was brought into the hospital one night complaining of pain in her pelvic region. The forensic pediatric nurse on staff performed a pelvic exam on the youngster and discovered several abrasions and bruises. Further investigation revealed that the father had sexually abused her. As a result of the forensic pediatric nurse’s examination, the physical evidence collected, and the testimony of the child, authorities arrested the father and charged him with molestation.

Forensic Psychiatric Nurses

Forensic psychiatric nurses handle offenders who are mentally ill. They often work in forensic psychiatric practices, state hospitals, and psychiatric facilities within correctional institutions.²⁹ One of their major roles involves determining the competency of offenders. These nurses must have a thorough understanding of the criminal justice system, as well as the necessary elements for competency.³⁰ Forensic psychiatric nurses often testify in court regarding competency issues. In one instance, a judge asked a forensic psychiatric nurse to determine the competency of a subject who had brutally murdered his mother. After conducting an extensive interview with the son, the forensic psychiatric nurse determined that he exhibited signs of mental illness and required hospitalization and, therefore, was not competent to stand trial.³¹

THE EVIDENCE CONNECTION

Documentation of evidence proves critical to any investigation, including ones where forensic nurses have become part of the effort. These nurses should adhere to all evidence collection and preservation techniques without exception and maintain the chain of custody to ensure that no evidence is ruled inadmissible in a court of law.

When collecting physical evidence, forensic nurses should wear gloves to minimize contamination and follow basic techniques and procedures. Law enforcement investigators attempting to collect evidence from victims may seek assistance from forensic nurses who could swab for saliva or semen, collect bullets and gunshot residue from the body, and bag the victim’s clothing for future analysis.³⁵

Handling Evidence

Handling Evidence Once they have collected the evidence, forensic nurses should place each sample in a separate container and seal it to prevent contamination. The victim’s name, date, time, and case number should appear on the label accompanying the evidence, along with the forensic nurse’s name, identification number (if any), and location where the evidence was recovered. It would prove helpful to law enforcement officers to assist in training forensic nurses, particularly when requesting forensic evidence and adhering to the proper chain of custody. Failure to maintain proper evidence and chain of custody may jeopardize a case. In a hypothetical situation, a forensic nurse collected evidence, but, in a rush to treat another victim arriving in the emergency room, failed to include the date and time. This type of action would break the chain of custody and cause the court to rule the evidence inadmissible.

In addition to maintaining a proper chain of custody, forensic nurses must be careful in handling evidence. For example, a victim with a single gunshot to the head arrived at a hospital. In the emergency room, the forensic nurse removed the bandages from the victim’s head that the emergency medical technicians had applied at the scene of the shooting. Unknown to the forensic nurse, the bullet had dislodged into the bandages. While the projectile was later discovered in the trash, the evidence was inadmissible because it could not be traced to the victim.36

Testifying in Court

Forensic nurses also may serve as expert witnesses in court. Sometimes, this poses problems.When a doctor and forensic nurse provide contradicting information, attorneys can use this to their advantage. If a nurse and doctor provide conflicting information, the testimony of the doctor most likely will be believed over that of the nurse. For example, a SANE had performed an examination on a sexual assault victim. The doctor on call deemed it necessary that he be there to sign off on the case, even though he did not conduct the examination. As both the doctor and the forensic nurse were present during the examination, both were subpoenaed to court. When providing their testimony, both the doctor and the SANE identified the same injuries but in different locations on the body. The judge considered the doctor’s testimony, which later proved incorrect, as more accurate. The defense counsel noticed the discrepancy in the two testimonies and used it to win the case.³⁷

Specialties in Forensic Nursing

• Sexual assault nurse examiners (SANE) are specially trained to treat and care for victims of sexual assault.

• Forensic correctional nurses provide medical attention for individuals charged with and convicted of a crime.

• Forensic geriatric nurses care for aging individuals with an emphasis on the human rights issues of abuse, neglect, or exploitation.
• Forensic legal nurse consultants use clinical knowledge to help attorneys in cases where the law and medicine overlap.

• Forensic nurse investigators, employed by medical examiners, conduct scientific investigation of the crime scene and the circumstances surrounding the death of a victim.

• Forensic pediatric nurses care for children, with an emphasis on human rights issues
  of abuse, neglect, or exploitation.

• Forensic psychiatric nurses administer aid to offenders with mental abnormalities.

Source: http://www.forensiceducation.com/specialties.html

While a relatively new profession, forensic nursing already has successfully helped bridge the gap between the two fields of law and medicine. The high demand for forensic nurses will likely continue as doctors and law enforcement officials recognize the need for their valuable expertise. Those not currently employing forensic nurses can contact their local hospital or the nearest forensic nurse program by accessing the International Association of Forensic Nurses’ Web site at http:// www.iafn.org/resources/default.html. Bringing the two worlds of medicine and law enforcement together can help both fulfill their different, yet complementary, missions.

¹ Karla A. Knight, “The Real CSI: Forensic Nursing in the ED,” Nursing Spectrum, September 20, 2004; retrieved on May 11, 2005, from http://www.community.nursingspectrum.com/ MagazineArticles/article.cfm?AID=12758.

² “Forensic Specialties”; retrieved on September 27, 2005, from http://www.forensiceducation.com/forensic_files/ specialties.htm.

³ Valerie Nelson, “Shattering the Myths About Forensic Nursing,” Nurseweek/Healthweek; retrieved on March 2, 2005, from http://www.nurseweek.com/features/98-7/forensic.html.

⁴ Javacia N. Harris, “Forensic Nursing: Fast-Growing Field,” Seattle Times, 4th edition, July 5, 2004; retrieved on March 22, 2005, from http://www.archives.seattletimes.nwsource.com.

⁶ “Forensic Files: FAQs”; retrieved on April 17, 2005, from http://www.forensiceducation.com/forensic_files/faq.htm.

⁷ New Standard Encyclopedia, 1963 ed., s.v. “nursing.”

⁸ American Forensic Nurses; retrieved on April 17, 2005, from http://www.amrn.com.

⁹ Interview by author, April 13, 2005.

¹⁰ Serita Stevens, Forensic Nurse: The New Role of the Nurse in Law Enforcement (New York, NY: St. Martin’s Press, 2004),

44. ¹¹ Supra note 2. ¹² Supra note 10, 45. ¹³ Supra note 10, 48. ¹⁴ Supra note 10, 48. ¹⁵ Supra note 10, 48. ¹⁶ Supra note 6. ¹⁷ Supra note 10, 206. ¹⁸ Supra note 2. ¹⁹ Supra note 6. ²⁰ Supra note 10, 183-184. ²¹ Supra note 2. ²² Sue E. Meiner, “The Legal Nurse Consultant,” Geriatric

Nursing 26, no. 1 (January/February 2005): 34-36.

²⁴ Supra note 10, 148-149.

²⁶ Supra note 10, 157-158.

³⁰ Supra note 10, 212.

³¹ Supra note 10, 210-211.

³² Serita Stevens, “Cracking the Case: Your Role in Nursing,” Nursing 2005

34, no. 11 (November 2004): 54-56.

³³ Ibid.

³⁴ Ibid.

³⁵ Ibid.

³⁶ Supra note 10, 22-23.

³⁷ Supra note 10, 130-131.

Mr. Yost is an honor’s undergraduate senior at Radford University in Radford, Virginia.

Dr. Burke, a former police officer, is a professor of criminal justice at Radford University in Radford, Virginia.

Leadership Spotlight

What Is Leadership?

Leadership seems to be the marshaling of skills possessed by a majority but used by a minority. But it’s something that can be learned by everyone, taught to everyone, denied to no one

—Warren Bennis and Burt Nanus
Leaders: Strategies for Taking Charge

The age-old question of nature versus nurture is still alive and well in the field of leadership development. Are leaders born or made? If leaders are born with some innate ability to lead, then what does it mean for those not born with this trait? If leadership is learnable, then what exactly do people need to learn to become effective leaders? In fact, what exactly leadership?

Dr. David S. Corderman, special agent and chief of the Leadership Development Institute at the FBI Academy, prepared Leadership Spotlight.

Drowning
Investigations
By GARY HAUPT

On a lake in Missouri, investigators made a grisly discovery. They found a white male floating with a heavy boat anchor attached to him with a rope. The subsequent autopsy revealed that someone killed him and dumped his body into the water. Eventually, authorities arrested a suspect who later was convicted of murder.

The point at which a person dies depends largely on the age of the victim and the temperature of the water—if warm, somewhere between 3 and 10 minutes. Some rare situations involving submersion of children in extremely cold water (less than 40°F) have resulted in successful resuscitation with complete recovery after longer periods of time, the longest being 66 minutes. Such cases probably result from the more rapid development of hypothermia in children. Most commonly, people lose consciousness within 3 minutes of submersion. Also, recent research has indicated that the type of water inhaled, whether fresh or salt, probably has very little influence on whether the individual will survive if resuscitation is initiated.

Death by cardiac arrest, rather than by drowning, presents another possibility when individuals become suddenly and unexpectedly submersed in cold water or overexerted. Additionally, uncontrollable respiratory distress due to cold water immersion may cause the victim to inhale water, and investigators may falsely suspect drowning.

Investigators need to answer several questions in apparent drowning cases. For instance, did the person drown, or did perpetrators kill the individual and dispose of the corpse in the water? Was the victim conscious upon submersion? Could the person swim well? Did the victim consume any alcohol or drugs? What was the individual doing at the time? Did anyone witness the incident? If any injuries exist on the body, were they caused before death (antemortem), at the same time (agonal), or afterwards (postmortem)? In the course of their investigation, authorities will find that a combination of external signs will provide valuable information.¹¹

Bodily Substances

Investigators should look carefully around the victim’s head, face, and mouth for any signs of vomitus. They should make this observation first as this very transient evidence easily can wash away. Presence of vomit serves as a reliable indicator that the victim became submerged while alive.

Foam often exudes from the nose or mouth of victims of wet drownings. This froth results from a mix of mucous, air, and water during respiration. Its presence serves as an indication that the person became immersed while still breathing, although authorities do not consider it conclusive evidence that the individual drowned. Some blood resulting from the tearing of lung tissue by forceful breathing just prior to unconsciousness may exist with it. Investigators should note that decomposition can destroy the foam.¹² This froth is similar to that often found on individuals who have died from acute heart failure or a drug overdose, both of which usually result in massive pulmonary edema.¹³

Another condition, cutis anserina, or goose flesh, is a spasm of the erector pilae muscles due to rigor mortis. It does not indicate whether the person was alive or dead while entering the water.

© Missouri Water Patrol

Decomposition

Putrefaction refers to the decomposition of the body because of bacteria and fermentation. Although this process can take longer in water-submerged victims, these individuals may remain concealed longer when they become hidden in water or vegetation or lost in a large body of water; this results in correspondingly advanced postmortem changes before recovery. No time schedule for the stages of decomposition exists as differing water and climatic conditions will have a profound effect. Generally, cold and swiftly moving water preserves bodies, whereas heavy clothing and stagnant, warm water hasten decomposition.

The sequence of events remains relatively constant. Skin maceration begins, followed by progressive bloating and discoloration. The abdomen becomes greenish or purple; it also becomes distended because the body cavity fills with gas. Skin and hair detach and the tongue and eyes protrude. Features swell until authorities find victim identification difficult. Advanced stages of putrefaction can lead to mummification of the skin, especially if the body refloats, becomes exposed to the drying effects of air, and remains hidden for a long time.

An Online Resource

To assist investigators in conducting drowning investigations, the Missouri State Water Patrol offers an easy-to-follow resource. The Supplemental Underwater Recovery Report is available on the agency’s Web site at http://www.mswp.dps.mo.gov/ SuppRecoveryReport.pdf.

Once water has flooded the lungs, osmosis may cause a portion of any alcohol in the blood to pass out of the circulatory system into the flooded alveoli. When this occurs, the possibility exists that the resultant postmortem blood alcohol analysis may measure as much as 30 percent less than before death.²¹

NEW TECHNOLOGY

Through a U.S. Department of Homeland Security grant obtained in the spring of 2004, the Missouri State Water Patrol received money to purchase sophisticated side-scan sonar equipment capable of finding underwater bombs, improvised explosives, and other devices that could pose a risk to bridges, dams, and other structures. Fortunately, it also can locate a human body on the bottom of a lake or river. This technology is far superior to conventional paper or liquid crystal graphs. On a computer monitor, it can paint an accurate picture of the bottom of a waterway and effectively eliminate from consideration large sections of water during a search for bombs, vehicles, planes, evidence, or bodies.

Sexual Assault Series

Alert to Law Enforcement

Law enforcement agencies should bring this information to the attention of all crime analysis and sexual assault/special victims units, as well as officers investigating crimes against persons. Agencies with a similar case or any possible leads pertaining to this series should contact Detective John Savino of the Manhattan Special Victims Squad, New York City Police Department, at 212-694-3010; New Jersey State Police/ViCAP at 609-882-2000, ext. 2786; Crime Analyst Christina Schaub, ViCAP, Quantico, Virginia, at 703632-4174; or Crime Analyst Christine DePoyster, ViCAP, Quantico, Virginia, at 703-632-4170.

Bulletin Reports

The National Institute of Justice (NIJ) offers Hiring and Keeping Police Officers, the findings of a study that examined the recent experiences of police agencies nationwide in hiring and retaining sworn officers. Researchers found that while most departments grew in the 1990s as a result of federal funding and demands for service, 20 percent declined in size, most often because of fiscal or recruitment problems. Other findings indicated that agencies with federal hiring funds kept the positions after the grants expired; 9

out of 10 recruits completed their training, although it is taking longer because of the growing complexity of police work; and many officers left their departments after only a few years, often to work for another law enforcement agency. This report is available online at http:// www.ojp.usdoj.gov/nij/pubssum/202289.htm or by calling the National Criminal Justice Reference Service at 800-851-3420.

Victims

The Office for Victims of Crime (OVC) has published What You Can Do If You Are a Victim of Crime. This brochure highlights victims’ rights, includes compensation and assistance programs, and lists national organizations that can help them find information or obtain referrals. The resource also can be customized with local contact information, including nearby victim resources, and printed on standard 8 ½- by 11-inch paper. This brochure is available online at http://www.ovc.gov/publications/factshts/whatyoucando/fs000301.pdf or by contacting the National Criminal Justice Reference Service at 800-851-3420.

Corrections

The Bureau of Justice Statistics (BJS) released Suicide and Homicide in State Prisons and Local Jails, which describes historical trends in state prison and local jail inmate mortality rates based on inmate death records submitted by local jails (for 2000-2002) and state prisons (for 2001-2002). The report also compares current prison and jail mortality rates by demographic characteristics, offense types, and facility size and jurisdiction and compares the general population mortality rates with those in correctional facilities. Comparisons are made to both the raw mortality rates for the general population and those standardized to match the demographic makeup of the inmate populations. Highlights include the following: in 2002, the suicide rate in local jails (47 per 100,000 inmates) was over three times the rate in state prisons (14 per 100,000 inmates); homicide rates were similar in local jails (3Sexual Offenses per 100,000) and state prisons (4 per 100,000); and violent offenders in both local jails (92 per 100,000) and state prisons (19 per 100,000) had suicide rates over twice as high as those of nonviolent offenders (31 and 9 per 100,000 respectively). This report is available online at http://www.ojp.usdoj.gov/bjs/ abstract/shsplj.htm.

The Office of Juvenile Justice and Delinquency Prevention (OJJDP) presents Statutory Rape Known to Law Enforcement. This bulletin draws on data from the FBI’s National Incident-Based Reporting System to provide a comprehensive look at patterns of and responses to incidents of statutory rape. Based on an analysis of reports from law enforcement agencies in 21 states for the years 1996 through 2000, this report characterizes victim and offender attributes and law enforcement’s responses to these occurrences. This bulletin is available online at http://www.ncjrs.gov/pdffiles1/ojjdp/ 208803.pdf or by contacting the National Criminal Justice Reference Service at 800-851-3420.

These practices included unauthorized general warrants, allowing a virtually unrestricted house search for whatever evidence could be found of interest to the Crown. Such tools provided British officers indiscriminate authority to search people’s homes and property. The framers of the Constitution responded to these unreasonable intrusions with the Fourth Amendment. While relatively brief, the language repudiates the concept of a general warrant, requiring the existence of probable cause and a particularized description of the things to seize and the place to search.

The U.S. Supreme Court, in interpreting the language of the Fourth Amendment, engages in a balancing process, weighing the interests of the government in engaging in a search versus the interests of an individual’s privacy. The practical impact of this balancing in traditional law enforcement is the presumption in favor of securing a warrant prior to engaging in conduct that would amount to a search under the Fourth Amendment. The Supreme Court has stated that a warrantless search is “per se unreasonable subject to a few specifically established and well-delineated exceptions.”³ The exceptions allow law enforcement officers to bypass the procedures of obtaining a warrant from a judicial officer when there is a determination that a significant government interest in searching without a warrant outweighs the interests of the individual. This significant government interest may include, for example, the need to act to prevent the destruction of evidence or prevent the escape of a dangerous individual.

The Supreme Court recognizes the need for law enforcement to search in the face of an emergency⁴ or incident to arrest,⁵ following the lawful seizure of property to inventory its contents,⁶ based on the voluntary consent of a party who has authority over the property, and pursuant to the motor vehicle exception.⁷ This article focuses on the scope of the authority when engaged in the stop of a vehicle and when, during this stop, information is developed leading to a search.

The Motor Vehicle Exception

The motor vehicle exception to the Fourth Amendment, first recognized by the Supreme Court in Carroll v. United States,⁸ permits an officer to search a vehicle without a search warrant if there is probable cause to believe that evidence or contraband is in the vehicle. In Carroll, officers had probable cause to believe that a vehicle contained contraband, in this case, hidden bootleg liquor. The officers searched the vehicle and found the bottles of liquor within the upholstery of the seats. The occupants of the vehicle were subsequently arrested. The arrestees sought to have the evidence suppressed, arguing that it was seized in violation of the Fourth Amendment. The Supreme Court ruled that the search was reasonable by recognizing that the Fourth Amendment reasonableness requirement must recognize the need to search a vehicle under such circumstances without requiring officers to stop and proceed to a judicial officer beforehand. The Supreme Court, in creating the motor vehicle exception to the warrant requirement, justified this exception by recognizing the difference between searches of fixed premises and searches of motor vehicles, the latter capable of being “quickly moved out of the locality or jurisdiction in which the warrant must be sought.” ⁹

Considering this mobility, the Court concluded that to require officers to secure a warrant before searching a vehicle would risk the loss of evidence. The Court further noted that the expectation of privacy in vehicles is reduced because they are modes of transportation, rather than a storage area for personal effects, and because they travel on public roads with occupants and contents largely in view.¹⁰ Since Carroll, the Supreme Court has decided cases with varying circumstances that have led to an expansion and clarification of the exception. ¹¹

Personal Privacy

The Fourth Amendment allows officers to take action when concerned with their safety or where necessary to prevent the destruction of evidence while still maintaining the sanctity of personal privacy. The importance of personal privacy was recognized in a 1948 Supreme Court case, United States v. Di Re.²¹ In this case, the Supreme Court focused on the importance of personal privacy and opined that even if officers have probable cause to search a vehicle, it does not necessarily extend to a search of the person within the vehicle. The Court stated that it was “not convinced that a person, by mere presence in a suspected car, loses immunities from search of his person to which he would otherwise be entitled.” ²²

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FBI Law Enforcement Bulletin Author Guidelines

The FBI Law Enforcement Bulletin is an official publication of the Federal Bureau of Investigation and the U.S. Department of Justice.

Frequency of Publication: Monthly.

Purpose: To provide a forum for the exchange of information on law enforcement-related topics.

Audience: Criminal justice professionals, primarily law enforcement managers.

MANUSCRIPT SPECIFICATIONS

Length: Feature articles should contain 2,000 to 3,500 words (8 to 14 pages, double-spaced). Submissions for specialized departments, such as Police Practice and Case Study, should contain 1,200 to 2,000 words (5 to 8 pages, double-spaced).

Format: Authors should submit three copies of their articles typed and double-spaced on 8 ½by 11-inch white paper with all pages numbered. When possible, an electronic version of the article saved on computer disk should accompany the typed manuscript.

Authors should supply references when quoting a source exactly, citing or paraphrasing another person’s work or ideas, or referring to information that generally is not well known. For proper footnote format, authors should refer to A Manual for Writers of Term Papers, Theses, and Dissertations, 6th ed., by Kate L. Turabian.

Writing Style and Grammar: The Bulletin prefers to publish articles in the third person (Point of View and Perspective submissions are exceptions) using active voice. Authors should follow The New York Public Library Writer’s Guide to Style and Usage and should study several issues of the magazine to ensure that their writing style meets the Bulletin’s requirements. Authors also should contact the Bulletin staff for the expanded author guidelines, which contain additional specifications, detailed examples, and effective writing techniques.

PHOTOGRAPHS AND GRAPHICS

A photograph of the author(s) should accompany the manuscript. Authors can submit photos and illustrations that visually enhance and support the text. Black-and-white glossy prints (3- by 5-inch to 5- by 7-inch) reproduce best. The Bulletin does not accept responsibility for lost or damaged photos or illustrations.

PUBLICATION

Judging Manuscripts: The Bulletin judges articles on relevance to the audience, factual accuracy, analysis of the information, structure and logical flow, style and ease of reading, and length. The Bulletin generally does not publish articles on similar topics within a 12-month period or accept articles previously published or currently under consideration by other magazines. Because it is a government publication, the Bulletin cannot accept articles that advertise a product or service.

Query Letters: Authors may submit a query letter along with a 1- to 2-page outline before writing an article. Although designed to help authors, this process does not guarantee acceptance of any article.

Author Notification: The Bulletin staff will review queries and articles and advise the authors of acceptance or rejection. The magazine cannot guarantee a publication date for accepted articles. Editing: The Bulletin staff edits all manuscripts for length, clarity, format, and style.

SUBMISSION

Authors should mail their submissions to: Editor, FBI Law Enforcement Bulletin, FBI Academy, Madison Bldg., Room 201, Quantico, VA 22135; telephone: 703-632-1952; fax: 703-632-1968; e-mail: leb@fbiacademy.edu.

The Bulletin Notes

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

Early one morning while on patrol, Sergeant James Citta and Officer Dan Fitzgerald of the Seaside Park, New Jersey, Police Department noticed flames emerging from a second-floor bedroom window of a residence. They also observed the living room television playing and a vehicle in the driveway. After no one answered the locked door, both officers disregarded their own safety and forcibly entered the burning building. Once inside the smoke-filled house, they called out to and searched for anyone present. The officers heard a voice and located a man at the top of the stairs; he was coughing and choking from the smoke and had difficulty standing. Both officers grabbed him and escorted him outside, handing him off to other officers who had arrived. Sergeant Citta and Officer Fitzgerald attempted reentry to search for other residents but could not because of the smoke and flames. Fortunately, when the victim became coherent, he advised that no one else was inside. The brave, selfless actions of these officers saved this man’s life.

Officer Lettieri

Officer Donald Lettieri of the Suffolk County, New York, Police Department was on duty in the Fire Island community, which is physically separated from Long Island and regular patrol and backup units. From the roadway, he noticed heavy smoke emanating from a residence and saw fire through one of the windows. Quickly, he forced his way inside, discovered a woman sleeping in a rear bedroom, and helped her to safety. Then, Officer Lettieri reentered and extinguished the blaze. Both he and the victim required medical attention. The heroic actions of Officer Lettieri prevented this woman’s death.

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 201, Quantico, VA 22135.

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