Criminal Investigation Questions

Criminal investigation Basic PersPectives

ThirTeenTh ediTion

Charles A. Lushbaugh Retired Lieutenant, Sacramento County Sheriff ’s Department, Sacramento, California Lecturer of Criminal Justice—Emeritus, California State University, Sacramento, California FBI NA, 185th Session

Paul B. Weston (Deceased)

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Library of Congress Cataloging-in-Publication Data Lushbaugh, Charles. Criminal investigation: basic perspectives/Charles A. Lushbaugh, Paul B. Weston.—Thirteenth edition. pages cm ISBN 978-0-13-351440-7—ISBN 0-13-351440-4 1. Criminal investigation—United States. I. Weston, Paul B. II. Title. HV8073.W44 2016 363.250973—dc23 2014036668

10 9 8 7 6 5 4 3 2 1

ISBN 10: 0-13-351440-4 ISBN 13: 978-0-13-351440-7

This edition is dedicated to those who pointed me in the right direction and kept me on track. First, there were my parents, Helen and Charles, who, despite going no further than the eighth grade in school, valued education and hard work.

They were always there to answer my questions and provide valuable insights. For those questions that my parents were hoping I would never ask, I had lifelong

friends such as John Miele, Richard Hinman, Anthony Palumbo, and Joseph Nekola. While together we may not have always come up with the right answers to these

questions, the process was always informative. Then there were the Westons, Ceal, and Paul, who taught me that not only were education and hard work important

but that determination and motivation were also major components in getting ahead in life. Finally there is Sharon, who teaches me the meaning of life

on a daily basis, and I would be lost without her.

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v ▼

C o n t e n t s

P r e fac e x i i i

Pa r t 1 The Initial Investigation

Chapter 1 evolution of Policing and investigation 1 Early Response to Crime 2

Night Watch 2

Thief-Takers 3 Bow Street Runners 3 London’s Metropolitan Police 3 American Policing 4 The Reform Movement 5 Development of Forensic Science 7 Local Policing 9 State Policing 9 Federal Investigative Agencies 9 Case Study: Betty’s New Car 11 Chapter Review 12 • Key Terms 12 • Review Questions 12 Application Exercise 13 • Discussion Questions 13 • Related Websites 14 • Notes 14

Chapter 2 rules of evidence and arrest 15 Search Warrants 16 Warrantless Searches 18

Consent Search 18 Stop and Frisk 18 Plain View Exception 19 Search Incident to a Lawful Arrest 19 Motor Vehicle Stop 20 Open Fields 20 Exigent Circumstances 20

Exclusionary Rule 21 Arrest vs. Detention 21 Arrest Warrants 22 Locating the Suspect 22 The Broadcast Alarm 23

Records as Sources of Information 24

Wanted Notices 24 The Arrest 27 Case Preparation 28

The Defendant’s Identity 29

Contents vi ▼

The Defendant and the Corpus Delicti 29 Negative Evidence 30 Lawful Procedures 30

The Decision to Charge 30 Closing an Investigation 31 Case Study: Weeks v. United States 232 U.S. 383 (1914) 32 Chapter Review 33 • Key Terms 33 • Review Questions 33 Application Exercise 34 • Discussion Questions 34 • Related Websites 34 • Notes 35

Chapter 3 the crime scene 36 Control of the Crime Scene 37

Approach 37 Safety 38 Medical Attention 38 Search for Witnesses 38 Broadcast Alarm 38 Scene Boundaries 38 Management Notification 39 Media Relations 39 Officer-in-Charge 40

Crime Scene Investigation 40 Search Procedures 40 Collecting Evidence 42 Marking Evidence 43 Establishing the Chain of Custody 44 Packaging Physical Evidence 45 Matching Physical Evidence with Known Standards 46 Transporting Evidence 47 Handling Infected Evidence 48 Identifying Physical Changes at the Scene 49 Conducting a Final Survey of the Scene 49

Recording the Crime Scene 50 Field Notes 50 Preliminary Investigative Report 51 Offense or Crime Report 54 Photographing the Crime Scene 54 Sketching the Crime Scene 56 Videotaping the Crime Scene 60

Locating Witnesses 61 Revisiting the Crime Scene 61 View Area Canvass 62 The Neighborhood Canvass 62 Issuing Pleas for Public Cooperation 63

Case Study: Incredible Evidence 64 Chapter Review 66 • Key Terms 66 • Review Questions 66 Application Exercise 67 • Discussion Questions 67 Related Websites 67 • Notes 68

Chapter 4 Physical evidence 69 Class and Individual Evidence 70

Weapons 70 Blood 73 Imprints and Impressions 75 Tool Marks 77 Hair 79

Contents vii ▼

Fibers 80 Glass 81 Paint 81

Questioned Documents 82 Case Study: The Blacken Fern 82 Chapter Review 83 • Key Terms 83 • Review Questions 84 Application Exercise 84 • Discussion Questions 85 • Related Websites 85 • Notes 85

Chapter 5 Laboratory and technical services 86 Criminalistics: Forensic Science 87 DNA Profiling 88

Mitochondrial DNA 89

Laboratory Determinations 90 Laboratory Equipment 93 Voiceprint Identification 96 Cryptography 96 Forensic Databases 97 Case Study: Child Abduction 98 Chapter Review 98 • Key Terms 98 • Review Questions 99 • Application Exercise 99 • Discussion Questions 100 • Related Websites 100 • Notes 100

Chapter 6 Basic investigative Leads and informants 102 Basic Leads 104

Victim’s Background 104 Benefit 105 Opportunity 106 Knowledge 106 Field Contact Reports 107 Vehicles 107 Weapons 108 Fingerprints 108 Stolen Property 109 Modus Operandi 110 Computer Databases 111 Offender Registration 111 Photographs of Known Criminals 112 Composite Sketches for Identification 113 Injured Suspects 114 Linkage Between Suspect and Crime Partners 114 Social Media 115 Video Surveillance Cameras 115 Cell Phones 116

Informants 116 Basic-Lead Informants 117 Participant Informants 118 Covert Informants 119 Accomplice Witnesses 119

Investigative Techniques 120 Visual Surveillance 121 Audio Surveillance 122 Contact Surveillance 124

Search Warrants 125

Contents viii ▼

Police Intelligence: Criminal Investigation Information 125 Proactive Investigation 127 Undercover Police Agents 127

Lineups 128 Case Study: Tracking Bad Guys 129 Chapter Review 129 • Key Terms 129 • Review Questions 130 • Application Exercise 131 • Discussion Questions 131 • Related Websites 131 • Notes 131

Chapter 7 interviewing and interrogation 133 Interview Essentials 134

Privacy 134 Rapport Building 135 Competency and Credibility Issues 135 Interview Structure 136 Listening 136

Detection of Deception 137 Physical Signs of Deception 137 Neurolinguistic Eye Movement 138

Polygraph Testing 140 Recollection Refreshment 141

Investigative Hypnosis 141 Cognitive Interview 142

Written Statement of a Witness 142 Interrogations 143 Interrogation Law 143

The Waiver 145

Interrogation Essentials 146 Privacy 146 Prior to Interrogation 146 Approach 147

Why People Confess 147 The Suspect’s Dilemma: The Crime Partner 147 Documenting the Confession 148 Case Study: Interrogation of a Robbery Suspect 149 Chapter Review 150 • Key Terms 150 • Review Questions 151 • Application Exercise 152 • Discussion Questions 152 • Related Websites 152 • Notes 152

Pa r t 2 Investigating Major Crimes

Chapter 8 crimes of violence 153 Homicide 154

“Suspicious Death” Investigation 154 The Autopsy as an Extension of the Crime Scene 155 Medicolegal Laboratory Services 156 Suicide, Accident, or Criminal Homicide? 157 Identification of the Victim 158 Time of Death 160 Exhumation 161 Checklist for the Investigation of Criminal Homicide 161

Contents ix ▼

Patterns of Criminal Homicide 163 Motive for Murder: Relationships 165 Multicide 165 Cold Case Investigations 168

Stalking 168 Assaults 169 Child Abuse 170 Case Study: Autopsy Surgeon 172 Chapter Review 174 • Key Terms 174 • Review Questions 175 • Application Exercise 175 • Discussion Questions 176 • Related Websites 176 • Notes 176

Chapter 9 sexual assaults 177 Rape 178

Initial Action 178 Follow-Up Interview of Victim 180 Follow-Up Interviews of Witnesses 181 Personality Profile of the Serial Rapist 182 Arrest of the Suspected Rapist 183 Case Preparation 184 Problems of Proof 184 Statutory Rape 185

Nuisance Sexual Behavior 185 Child Sexual Abuse 186

Incest 186 Pedophilia 186 The Child as Victim-Witness 189

Case Study: The East Area Rapist 189 Chapter Review 190 • Key Terms 190 • Review Questions 190 • Application Exercise 191 • Discussion Questions 191 • Related Websites 192 • Notes 192

Chapter 10 Missing and exploited Persons 193 Missing Persons 194

Abducted Infants 194 Missing Children 194 Missing Teenagers 196 Missing Adults 196

Investigative Response 197 Exploited Persons 199 Investigative Leads 200 Case Study: The Cleveland Abductions 201 Chapter Review 201 • Key Terms 201 • Review Questions 202 • Application Exercise 202 • Discussion Questions 202 • Related Websites 203 • Notes 203

Chapter 11 robbery 204 Components of Robbery 205 The Target in Robberies 208 Identification Evidence 210 Checklist for the Investigation of Robbery 211 Repeat-Offender Cases 213 Carjacking 213

Outline of Carjacking Investigation 213

Contents x ▼

Problems of Proof 214 Case Study: Cheshire Home Invasion 214 Chapter Review 215 • Key Terms 215 • Review Questions 215 • Application Exercise 216 • Discussion Questions 216 • Related Websites 216 • Notes 216

Chapter 12 arson, Bombing, and Hate crimes 218 Arson and Arson Law 219

The Suspicious Fire Concept 220

Burn Patterns: Structural Fires 221 Burn Patterns: Nonstructural Fires 222 Fire Ignition and Place of Origin 222 The Fire Scene 223

Photographs of the Fire Scene 225

The Continuing Arson Investigation 226 Bombings 228 Problems of Proof in Arson and Bombing Cases 229 Hate Crimes 229 Case Study: Motive for Arson 230 Chapter Review 231 • Key Terms 231 • Review Questions 231 • Application Exercise 232 • Discussion Questions 232 • Related Websites 233 • Notes 233

Chapter 13 Property crimes 234 Burglary 235

Types of Burglars 237 Burglary as a Behavioral Concept 239 Safe Burglars 240 The Burglary Scene Investigation 241 The Postscene Investigation 241 Known Burglars 242

Theft 242 The Attack 244 Modus Operandi Searches 244 The Universe of Suspects 245 Criminal Receivers of Stolen Property 246 Auto Theft 246 Theft by Employees 248 Organized Retail Theft 249 Cargo Theft 250

Fraud 250 Elements of Fraud 251 Bunco Schemes and Con Games 252 The Bank Examiner Fraud 254 Fraudulent Checks 254 Credit Card Fraud 254 Consumer and Business Fraud 255 Workplace Fraud 256 ATM Fraud 256 Investigation of Fraud 257

Case Study: Costly Crush 258 Chapter Review 258 • Key Terms 258 • Review Questions 259 • Application Exercise 260 • Discussion Questions 260 • Related Websites 260 • Notes 261

Contents xi ▼

Chapter 14 cybercrime 262 Internal Threats 263 External Threats 264 Fraud 265 Identity Theft 267 Child Pornography 267 Child Molesters 268 Contraband Sales 268 Terrorism 268 Investigation 269 Case Study: The Case Against PFC. Bradley Manning 270 Chapter Review 271 • Key Terms 271 • Review Questions 272 • Application Exercise 272 • Discussion Questions 273 • Related Websites 273 • Notes 273

Chapter 15 Dangerous Drugs 274 Entrapment 276 The Drug Scene 276

Heroin 277 Cocaine 278 Marijuana 278 Amphetamine and Methamphetamine 279 Phencyclidine 279 Lysergic Acid Diethylamide 280 Ecstasy 280 Rohypnol 280

Drug-Selling Organizations 280 Drug Investigations 282

Pickup Arrests 282 Arrests Based on “Buys” 283 Search Warrants 284 Warrantless Searches 287 Working-Up Investigations 287 Raids 288

Problems of Proof 289 Case Study: Dangerous Drugs Law Enforcement—Roles and Story Lines 290 Chapter Review 292 • Key Terms 292 • Review Questions 293 • Application Exercise 293 • Discussion Questions 294 • Related Websites 294 • Notes 294

Chapter 16 special investigations 295 Vice and Gambling 296

Gambling 296 Prostitution 296

Organized Crime 298 Nature of Operations 298 Characteristic Activity 299 Investigative Alerts 300 Gang Activity 301 Problems of Proof 301 Investigative Tactics 301

Hit and Run 302 The Hit-and-Run Operator 302

Contents xii ▼

The Alarm 304 The Scene Search 304 Stakeouts 305 Transfer Evidence 305 Accountability 306 Possible Murder 306

Case Study: Hit and Run 306 Chapter Review 307 • Key Terms 307 • Review Questions 308 • Application Exercise 308 • Discussion Questions 309 • Related Websites 309 • Notes 309

Chapter 17 terrorism 310 Defining Terrorism 311 Terrorist Acts 311 Terrorist Atrocities 312 Domestic Terrorism 313 International Terrorism 316 Weapons of Mass Destruction 318 Counterterrorism 318 Role of Police Operations Units 319 Role of the Criminal Investigator 320 Problems of Proof 321 Case Study: Joint Terrorism Task Force 322 Chapter Review 322 • Key Terms 322 • Review Questions 322 • Application Exercise 323 • Discussion Questions 323 • Related Websites 324 • Notes 324

Chapter 18 the investigator as a Witness and ethical awareness 325 The Investigator as a Witness 326

Action Prior to Court Appearance 326 General Behavior 327 Nonverbal Communication 328 Conduct After Testifying 329

Ethical Awareness 330 Crime and Outrageous Conduct 330 Impact of Misconduct on Criminal Investigation 330 Standards for Criminal Investigators 330 Prevention of Misconduct 331

Case Study: The Special Crime Squad 331 Chapter Review 334 • Key Terms 334 • Review Questions 334 • Application Exercise 335 • Discussion Questions 335 • Related Websites 335 • Notes 336

Appendix A case Briefs 337

Appendix B federal controlled substances Law 341

Appendix C identity theft: What to Do if it Happens to You 344

Appendix D answers to chapter review Questions 346

G Lo s s a r Y 3 4 8

i n D e x 3 5 9

xiii ▼

P re f a c e

The thirteenth edition of Criminal Investigation: Basic Perspectives was written to keep abreast of changes in the field of criminal investigation. Two new chapters dealing with cybercrime and missing and exploited persons have been added to this edition. In addition, new segments were added to various chapters:

Cell phones, social networking sites and video cameras as investigative leads (Chapter 6, “Basic Investigative Leads”).

Cold case investigations, how DNA, improved fingerprint databases, and the passage of time may assist investigators (Chapter 8, “Crimes of Violence”).

Home invasion, drug house, and bank robberies and preventive measures (Chapter 11, “Robbery”).

Organized retail theft and cargo theft (Chapter 13, “Property Crimes”).

The financial aspects of organized crime investigations through money laundering, asset forfeiture, money reporting, and the witness protection program (Chapter 16, “Special Investigations”).

The Symbionese Liberation Army, Weatherman, and the lone wolf terrorist (Chapter 17, “Terrorism”).

Three new case studies, designed to enhance the learning process, have been added to this edition. The case study method of instruction facilitates learning by linking case content to textbook topics and by encouraging the exchange of opinions and viewpoints among students during discussion sessions. The case studies in this book are designed to contribute to this type of learning process. Each case provides factual information that is likely to promote analysis and discussion and thus aids in developing the student’s ability to analyze, evaluate, and reason. The topic of discussion is focused on the facts of each case study, but only the range of student opinions and ideas limits the scope of the discussion.

Some cases are presented in straight narrative style, while others are written in dialogue form as the best means of joining the personalities and the situations of a case study. Each case presents a real-life situation or episode experienced sometime in the past. No “doctoring” has been done to develop points, theories, or problems. However, names, dates, and locations have been altered in some instances to avoid embarrassing any persons or their families.

Also new to this edition is the applied investigative procedures section at the end of each chapter. These scenarios are designed to enhance the learning process by asking the student to apply material presented in the chapter to address real-life investigative issues.

I thank the reviewers for this edition, whose insights and suggestions have made this a better book. They include Vincent Benincasa, Hesser College, David MacDonald, Eastfield College, David Powell, Daymar College, and Jacqueline Smith, Kennesaw State University.

I extend special thanks to David Lushbaugh and Christopher Baker for their assistance.

Preface xiv ▼

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1 ▼

1 Evolution of Policing and Investigation Chapter Outline Early Response to Crime

Night Watch

Thief-Takers

Bow Street Runners

London’s Metropolitan Police

American Policing

The Reform Movement

Development of Forensic Science

Local Policing

State Policing

Federal Investigative Agencies

Case Study: Betty’s New Car Chapter Review

Key Terms

Review Questions

Application Exercise

Discussion Questions

Related Websites

Notes

learning ObjeCtiveS After reading this chapter, you will be able to:

❶ Discuss the evolution of policing in England and how it applies to American policing.

❷ Evaluate the political climate in the United States at the time the first police departments were being formed and the effect this political climate had on these departments.

❸ Describe the emergence of the reform movement in American policing and the major tenets of the reform agenda.

❹ Identify the persons and their scientific discoveries that led to the development of the field of criminalistics.

❺ Identify the various policing agencies at the local, state, and federal levels and their areas of responsibility.

Policing as we know it is a relatively new concept as police agencies have only been in existence for less than 200 years. Prior to the introduction of policing, people were responsible for their own personal protection and responded to crime victimization on their own as best they could with the limited recourses at hand. The first policing efforts were rudimentary and these efforts evolved over time to what we have today, a professional policing model. In America this evolution- ary process included a reform movement which addressed the failings of our early policing efforts. The move toward professional policing was aided by the scientific community with discoveries that could be applied to criminal investigations. Today criminal investigations are conducted by investigators from various law enforcement agencies at the local, state, and federal levels.

chapter 1 Evolution of Policing and Investigation 2 ▼

❶ Discuss the evolution of policing in England and how it applies to American policing.

▶ Early Response to Crime A review of the history of policing in England is essential to understand the evolution of policing in the United States. The original British colonists to this country brought with them their customs and their law which was used to form the basis of our own legal system used today. When police agencies were first being formed in this country, they were modelled after the London Metropolitan Police.

Before there was a criminal justice system, comprising the three main components of the police, courts, and corrections, the individual citizen played a much larger role in providing for his or her own personal protection and dealing with any crime victimization. For centuries people depended upon themselves, their family, their neighbors, and their faith for protection. People lived typically in small agrarian communities where everyone knew every one else, which is a deterrent to criminal activity in itself. When threatened, the community responded as one to deal with the threat. Under the principle of posse comitatus, which means the power or force of the community to enforce the law, all available citizens were expected to respond to protect the community.

In the event a person was a victim of a crime, that person first had to decide if they personally wanted to do anything about their victimization, or simply accept what happened and move on with their life. If they wanted action taken, they had to do it themselves. As there were no police to call, the victim would have to conduct the investigation, often with the assistance of family and friends. When the culprit was identified, the victim was also responsible for arresting this person. At this point the offender had to be turned over to the local sheriff, the chief law enforcement officer who represented the crown. One of the sheriff ’s duties was to take and hold prisoners for an even- tual hearing before a disinterested third party, typically the local lord or magistrate. The reasoning behind this was that the victim was too emotionally involved to fairly adjudicate the case and often, the punishment rendered in such cases did not fit the crime; that is, killing a person who stole from the victim. Such unjust reactions often led to blood-feuds, or vendettas, where the family of the offender would retaliate against the victim or the victim’s family to get even. Such feuds were very destructive to communities and could continue indefinitely.

Night Watch As populations increased and cities and towns grew in size, the social controls of the small tight- knit agrarian community failed to control crime in these larger communities. In response to this, in 1285 the Statute of Winchester was passed requiring all towns to have men on the streets after dark to provide for the safety of travelers and the town’s inhabitants. All able-bodied males were required to serve on a rotational basis, without pay, as night watchmen. As part of their ser- vice, they manned the village gates and patrolled the streets while on the lookout for disturbances of the peace, crimes in progress, and other threats such as fires. There was no expectation that the night watchmen would conduct investigations or aid the victim in determining who com- mitted the crime; this was still the victim’s responsibility. The watchmen were supervised by a constable, also a private citizen, who served a voluntary one-year term in this position as part of his civic duty. In addition to supervising the watchmen, the constable had the additional duty of bringing any arrested offenders before a magistrate in the morning.1 The statute also required citizens to come to the aid of the night watchmen whenever they gave the hue and cry, a loud outcry that alerted citizens of a pursuit of a criminal which bound all who heard the cry to join in the pursuit. If the citizens did not respond and assist, they could be considered accomplices to the crime and punished. The statute required all males between the ages of fifteen and sixty to keep arms for the purpose of rendering aid and subduing offenders.2

The effectiveness of the night watch waned over time as citizens began to understand the inconvenience of staying up all night, especially if they had jobs to go to or shops to open in the morning. Many people ignored the call to serve, paid the fine, or paid a substitute to serve in their place. Many of the men willing to serve as replacements were often deemed too weak or feeble to effectively suppress crime. Eventually, in order to improve the quality of the service, the night watchmen were paid. However, the amount was not substantial.3

chapter 1 Evolution of Policing and Investigation 3 ▼

▶ Thief-Takers As night watchmen patrolled the streets, they did not follow up on crimes to determine who was responsible for the ever-increasing crime problem. To address this issue, parliament, in 1689, established rewards for the conviction of crimes such as robbery, burglary, and counterfeiting. The intent of the legislation was to encourage victims to make an effort to catch and prosecute the persons responsible for these crimes. By 1750 the reward for the conviction of a robbery suspect was increased to 140 pounds, a sum equal to three to four years of income for a skilled workman.

While these rewards were designed to encourage victims to take action—and many did—the unintended consequence was that these rewards also encouraged others to get involved. These thief-takers, as they came to be known, often criminals themselves, were motivated by the reward money and their ability to confiscate the possessions of the criminal. This form of bounty system gave the thief-takers a bad reputation and some were suspected of encouraging crimes for the purpose of solving them.4

▶ Bow Street Runners By 1748 crime had increased in England and its capital, London, was recognized as one of the most dangerous cities in Europe. That same year Henry Fielding (1707–1754), former novelist, playwright, and attorney, was named magistrate for the Bow Street court. At the time Bow Street was known as one of the worst crime-ridden areas of London. Fielding organized a group of for- mer constables and thief-takers to carry out investigations and bring suspects to trial. Fielding’s men received a small stipend and relied on rewards they received for a successful prosecution. These runners, as they came to be known, were also used to guard the King and to investigate various crimes such as robbery and murder.5

John Fielding (1721–1780), who took over after his brother passed away in 1754, instituted a number of changes at Bow Street. He organized mounted patrols to protect the highways from robbers and instituted foot patrols on the city streets. At one time Fielding employed between 300 and 400 officers to patrol the Bow Street area. Another one of his innovations was the establishment of the Police Gazette which encouraged victims to report crimes to his court. Victims would then receive assistance from the runners in the investigation of these crimes. The gazette also published information about criminal activity, names and descriptions of wanted criminals, and descriptions of stolen property.6 John Fielding served as magistrate of the Bow Street court for over twenty five years and was knighted for his efforts in fighting crime. Fielding is considered to be the father of the modern police detective.

▶ London’s Metropolitan Police In 1822 Robert Peel became the British Home Secretary, a position which was responsible for the internal security of England. Peel was a strong advocate of establishing a police force to combat crime. The idea had been presented to parliament several times before but had been rejected over the concerns of the possible loss of individual liberties. Peel repeatedly addressed parliament about the need for policing while ensuring the rights of Englishmen.

In 1829 Peel presented a reform bill that expressly excluded the city of London but pro- vided policing for the metropolitan area surrounding the city. Peel’s proposal was for a model police force which, if successful, could be implemented throughout the rest of the country. The bill passed without major opposition and called for the operation of a police force with a twenty-four-hour operation. Peel decided that this police force should be uniformed as to be readily identifiable to the citizenry. The blue uniform was chosen in order to distinguish it from the scarlet military uniform in use at the time. Officers were issued a numbered badge so citizens could properly identify the officers in order to lodge a complaint or praise the service they had received. The police were to be modelled after the highly successful military orga- nizational structure that is still in use today. The metropolitan police force included nearly

chapter 1 Evolution of Policing and Investigation 4 ▼

3,000 officers who were paid only slightly less than that of a skilled workman. These officers carried only nightsticks for protection, no lethal weapons, and were instructed to be respect- ful to the public.

When the new police officers came on duty in September of 1829, they were viewed by many citi- zens as a threat to personal liberty. Turnover was high in the early years largely due to improper con- duct. All complaints against an officer were painstakingly investigated. Within the first twenty years of operation the new police gradually won the respect and acceptance from the citizenry they served. Their restraint in the use of force, their professionalism, and civility in dealing with the public estab- lished this new police force as an institution of order and protector of liberty. The “peelers” who were both feared and hated soon became the “bobbies” a name used in reference to Robert Peel and a term of respect and appreciation.7 Known today as the father of policing, Peel would go on to become the prime minister of England and would be eventually knighted for his service to his country.

❷ Evaluate the political climate in the United States at the time the first police departments were being formed and the effect this political climate had on these departments.

▶ American Policing Much like England, the night-watch system of policing in the United States was overwhelmed with crime as a result of urbanization and immigration. A series of riots in the major cities such as Philadelphia, Boston, and New York showed that the time for policing had come. In 1845 the city of New York established a police force modelled after the London Metropolitan Police and other cities soon followed suit. While these agencies were modelled after the London police, there were some major differences that would cause serious lasting problems. London’s police, while local, were administered at the federal level as a model policing effort to be implemented throughout England. In contrast early police departments in America were formed at the city level of government. At the time these departments were formed the cities were under the

Portrait of Sir Robert Peel, the father of modern policing. Source: The Illustrated London News Picture Library/Bridgeman Images

chapter 1 Evolution of Policing and Investigation 5 ▼

control of corrupt political machines operating under the spoils system. Under this system, politicians extorted money from people and companies wanting to do business with the city. Many politicians became rich and this influence corrupted the new police departments as well.

Under this corrupt system a form of patronage existed whereby an applicant had to have political friends to become a police officer. Another way to get a job as a police officer was to buy your way in with a payment to the political machine. Unlike the London police, which established strict hiring standards, the American police had no standards; furthermore, upon being hired, recruits received little or no training for their role as police officers.8

The emphasis of early policing was to maintain order, which consisted of arresting vagrants, those under the influence of alcohol, and those involved in disturbances of the peace. The police paid little attention to the investigation or prevention of crime and often ignored vice going on around them. Saloons, brothels, and gambling establishments paid the police to look the other way and to leave their operations alone. Since the general public had no way to call the police when they needed them, and officers were often incompetent and corrupt, it is no wonder the police were held with little regard by the public.9

❸ Describe the emergence of the reform movement in American policing and the major tenets of the reform agenda.

▶ The Reform Movement One of the chief advocates of reforming the police was August Vollmer (1876–1955), chief of police in Berkeley, California, from 1905 to 1932. Vollmer and other reformers advocated the following agenda:

1. Policing should be a profession that serves the community on a nonpartisan basis. 2. Politics should be eliminated from policing.

1865 depiction of a London police officer. Source: Bryan Fosten/Peter Newark Pictures/Bridgeman Images

chapter 1 Evolution of Policing and Investigation 6 ▼

3. Law enforcement agencies should be headed by qualified chief executives. 4. Law enforcement agencies should raise the hiring and training standards for new recruits. 5. Agencies should apply modern management principles and advocate centralized

command and control of police operations. 6. Agencies should create specialized units such as traffic, juvenile, and vice.10

To accomplish many of these goals, reformers advocated the use of the civil service system for the selection and promotion of police personnel. Under this system police applicants, and those seeking promotion, would be required to take a test, usually a written examination. Those who passed the test would have their names placed on a list and the police agency was required to hire off the list of qualified applicants. This system ensured that only the best candidates would be hired and promoted by the agency.

Vollmer wrote extensively about the police and became the president of the International Association of Chiefs of Police during the 1920s. In this capacity he was able to spread the message about the need for police professionalism. As a  police chief and professor of police administration at the University of California at Berkeley, Vollmer was able to influence the next generation of police professionals as well. Today Vollmer is considered to be the father of modern policing in America.

A major social event that had a tremendous impact on moving policing toward profession- alism was the Great Depression of the 1930s. The lack of employment opportunities elsewhere made policing attractive to college-educated people who would not otherwise have considered a career in policing. This new pool of better-educated middle-class applicants enabled police administrators to upgrade the entry-level requirements for police positions. In addition, these better-educated people were more receptive to the concepts of the reform movement. The trend toward higher education and policing continued after World War II when returning veterans took advantage of the GI Bill benefits and enrolled in colleges and universities that, by that time, offered specialized courses in police science and administration.11

The reform movement was successful in removing politics from policing and in raising the standards of both new recruits and managers of police departments around the country. Over the years police administrators have taken a hard-line approach to corruption and miscon- duct. Administrators have vigorously investigated allegations of wrongdoing and have taken

Seattle police officers in formation in 1910. Source: © PEMCO/ Webster & Stevens Collection; Museum of History and Industry, Seattle/ CORBIS

chapter 1 Evolution of Policing and Investigation 7 ▼

corrective action when these allegations are substantiated, including discipline and prosecu- tion where appropriate. Today, corruption in policing is the exception rather than the rule.

❹ Identify the persons and their scientific discoveries that led to the development of the field of criminalistics.

▶ Development of Forensic Science The move toward professional policing has been greatly assisted by developments in various fields of science that can be applied to criminal investigations. The use of science to answer legal ques- tions is known as forensics, a field of study that has developed over time. Scientists schooled in a variety of disciplines have made meaningful contributions to the field of criminalistics, the application of scientific techniques in collecting and analyzing physical evidence. The following are a few of the contributors to this endeavor.

Mathieu Orfila (1787–1853) is thought by many to be the father of forensic toxicology— that is, the study of the effects of poisons. His work on the detection of poisons and their effects on animals established the science of forensic toxicology.

Hans Gross (1848–1915) was the earliest advocate of criminal investigation as a science. Gross was a native of Austria, born in Graz. Educated in law, he became interested in investigation while serving as an examining magistrate. He became a professor of criminology at the University of Vienna. Perhaps it was the legal training, or the education in rational theory joined with the study of law, that made Magistrate Gross unhappy with the lack of science in police investiga- tion. In any event, he deserves credit for developing a system of investigation. His System der Kriminalistik (Criminal Investigation), translated into English and published in 1906, is a classic text in this field. Gross strongly supported scrupulous accuracy and high ethics in criminal inves- tigation. His greatest contribution to the introduction of science in criminal investigation was the advocacy of a parallel system of inquiry based on the crime scene.

Alphonse Bertillon (1853–1914) developed the first means of human identification, known as anthropometry. This system involved the taking of eleven measurements of various parts of the body—such as height, reach, head width, and length of left foot—along with a photograph of the subject. Bertillon based his system on the assumption that it would be virtually impossible for two people to look alike and to have the same physical measurements. His system worked well for over two decades until unraveled by the Will West case in 1903. When West was being processed into the

Over 2,000 New York City police recruits graduating from the police academy in a ceremony held in Madison Square Garden. Source: Monika Graff/The Image Works

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Fort Leavenworth prison, it was discovered that another prisoner, already in custody, had the same measurements and appearance, as if they were identical twins. Bertillon’s system was eventually replaced by the identification of individuals through fingerprints, but he is still considered to be the father of criminal identification.

Francis Galton (1822–1911) provided the first definitive study of fingerprints in his book Finger Prints. His pioneering efforts in this area led to the creation of a classification system that was capable of filing these prints in a logical searchable sequence.

Albert S. Osborn (1858–1946) authored in 1910 the first significant text in the field of ques- tioned documents. The book remains a primary resource for document examiners and was responsible for the acceptance of documents as scientific evidence by the courts.

Edmond Locard (1877–1966) in 1910 persuaded the police department in Lyons, France, to finance a small police laboratory. Locard’s research and accomplishments became known through- out the world. He eventually became the founder and director of the Institute of Criminalistics at the University of Lyons. The institute developed into an international center for the study of and research in forensic science. Locard is perhaps best known today for his exchange principle. He believed that when a criminal came in contact with another object or person, a cross-transfer of evidence occurred, primarily of hairs and fibers.

Leone Lattes (1887–1954) expanded upon the discovery that blood can be grouped into four different categories: A, B, AB, and O. Lattes, a professor of medicine in Turin, Italy, devised a procedure for determining the blood group from dried bloodstains and applied this technique to criminal investigations.

Calvin Goddard (1891–1955) was aware that the determination of whether a fired bullet orig- inating from the suspect’s weapon required a comparison with a bullet that had been fired and retrieved from the suspect’s gun. Goddard refined the techniques for making these determinations by using a comparison microscope.12

Alec Jeffreys (1950–) in 1985 conducted an investigation into the structure of the human gene that led to the discovery of deoxyribonucleic acid (DNA) at Leicester University, England. This discovery disclosed that certain genetic markers are as unique to each individual as are finger- prints. This discovery gave the scientific community a means to link biological evidence such as blood, semen, hair, and tissue to a single individual.13

Professor Alec Jeffreys, the molecular biologist who discovered the DNA profiling technique in 1984. Source: David Parker/Science Source

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❺ Identify the various policing agencies at the local, state, and federal levels and their areas of responsibility.

▶ Local Policing Policing at the local level is provided by municipal, or city police departments, or by the county sheriff ’s department in those areas outside the city limits. According to the U.S. Department of Justice, Bureau of Justice Statistics, there are over 12,600 police departments and over 3,000 sher- iff ’s departments in the United States. These agencies employ over 600,000 sworn officers, the vast majority of which, 73 percent, are employed by city police departments.14

City police departments typically provide law enforcement services in three broad areas of patrol, traffic, and detective functions. Patrol enforcement involves officers being out-and-about the com- munity randomly looking for criminal activity or responding to citizens’ calls for service. Officers in larger cities may patrol on foot; however, the typical patrol officer is in a marked patrol vehicle. Patrol activities are often augmented by officers in helicopters or boats, on motorcycles or horses, and with k-9s, also known as police dogs. These officers are tasked with dealing with all types of crime—from the relatively minor crime such as traffic offence to major crime such as murder.

Those crimes that require follow-up investigation are typically referred to a detective division. Detectives conduct searches for witnesses and suspects and evidence not located at the scene of the crime. Detectives also conduct specialized investigations such as surveillances and decoy operations.

The traffic division enforces vehicle code regulations and conducts accident investigations. One of the major functions of this division is the enforcement and arrest of those motorists oper- ating a vehicle while under the influence of alcohol or drugs. Thousands of deaths each year in this country are attributable to people who operate a motor vehicle while under the influence of intoxicants.

Sheriff ’s departments typically provide law enforcement–related functions to those areas in the county that are located outside the jurisdiction of the city police departments. While many sheriffs’ departments are in rural settings, many are not, and are dealing with the same crime issues as city police departments. Often the dividing line between the city and the county is the center line of a major street, with one side being in the city and the other in the county. In addition to providing patrol and detective-related services many sheriffs’ departments are responsible for the operation of the county jail. Sheriff ’s personnel may provide security for the courthouse and serve as bailiffs that guard prisoners when they appear in court. Sheriff ’s departments often provide the county- wide function of civil process. In this capacity sheriff ’s deputies carry out the orders of the court such as evictions and property seizures.

▶ State Policing Most states, but not all, may provide law enforcement services in three broad areas: patrol of the state’s highways; general law enforcement, including patrol and detective functions, to areas not serviced by a municipal police department or sheriff; or specialized investigations. Agencies such as the California Highway Patrol enforce traffic laws, investigate traffic accidents, and make arrests for any penal code violation they encounter in the course of their duties. Specialized investigations might include statewide enforcement of alcohol beverage control laws, controlled substances or drug investigations, consumer and welfare fraud, and investigative support to any police agency in the state that requests assistance.

▶ Federal Investigative Agencies Every branch of the federal government has an investigative agency that is responsible for the investigation of violations of the law that come within its jurisdiction. For the sake of brevity this discussion will be limited to those federal agencies that have a high profile and are most readily identifiable to most readers.

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Marshal’s Service—Created in 1789 with the passage of the first judiciary act, the marshal’s ser- vice claims to be the oldest federal law enforcement agency. Over the years the marshals have served the country in a variety of law enforcement functions. In the west they were “the law,” as Marshal Virgil Earp and his deputies demonstrated at the famous shootout at the OK Corral in Tombstone, Arizona, in 1881.

Today the marshals provide court security for the federal court system and serve as bailiffs to the federal courts. The marshals guard prisoners while they are in court and when convicted trans- port them to the various correctional facilities. The marshals also enforce federal court orders; it was the U.S. Marshals that guarded the first African American students to be enrolled at Ole Miss in 1962. The marshal’s service assumed responsibility for the administration of the witness protec- tion program in 1971. Eight years later they were given the task of investigating and apprehending federal fugitives.15

Postal Inspection Service—can trace its roots back to 1830 with the creation of the Office of Instructions and Mail Depredations. Special Agents, as they were known at the time, investigated theft of mail and eventually would be given the responsibility for investigating mail frauds and the shipment of obscene materials through the mail. In 1880 the title of special agent was changed by Congress to post office inspector and changed again in 1954 to postal inspector.

Today in addition to mail frauds and mail theft, postal inspectors have jurisdiction over crimes that occur on postal property, including burglary, robbery, and homicide. In 1984 the inspection service was given the responsibility of investigating the use of the mail to distribute child pornography. Postal inspectors were a key component of the multi-agency task force that investigated the Unabomber case, one of the most extensive criminal investigations in modern history.16

Secret Service—was created in 1865 to suppress the counterfeiting of U.S. currency. The agencies responsibilities were broadened over the years to include the detection of criminals perpetrating frauds against the government. As a result, the agency investigated the Ku Klux Klan, nonconforming distillers, smugglers, mail robbers, land frauds, and a number of other federal crimes until other agencies were established to investigate them.

In 1902 congress gave the Secret Service the responsibility of protecting the president follow- ing the assassination of President McKinley. This role has been expanded over the years and now the agency provides protection for major presidential candidates, the president-elect, the presi- dent’s immediate family, the vice president, and former presidents.

In 1984 Congress passed legislation making the use of fraudulent credit cards and debit cards a federal crime and authorized the Secret Service to investigate these violations as well as federal-interest computer fraud, and fraudulent identification documents such as passports. With the passage of the Patriot Act in 2001, Congress authorized the agency to establish nation- wide electronic crimes taskforces to detect and suppress computer-based crimes. Since 2003 the Secret Service has been under the Department of Homeland Security. Since the reorganization, the agency has made over 29,000 arrests for counterfeiting, cyber investigations, and other financial crimes. They have seized over $295 million in counterfeit currency and closed finan- cial crimes cases where the actual losses amounted to $3.7 billion.17

Federal Bureau of Investigation (FBI)—created in 1908 at a time when there were few federal crimes. With just thirty-four agents the agency investigated crimes involving national banking, bankruptcy, naturalization, antitrust, and land fraud. The first major expansion came in 1910 when the agency became responsible for the enforcement of the Mann Act, which prohibited the transportation of women across a state line for immoral purposes. With the entry of the United States into World War I the Bureau acquired responsibility for the investigation and enforcement of the Espionage Act, the Selective Service Act, and the Sabotage Act.

In 1924 J. Edgar Hoover became the director of the agency and he remained in this position until his death in 1972 just shy of forty-eight years as the director. During his tenure the agency assumed responsibility for the investigation of a variety of crimes, including kidnapping, civil rights violations, threats to national security, and organized crime. In 1932 the Bureau established its crime laboratory. In 1935 the agency changed its name from the Bureau of Investigation to the Federal Bureau of Investigation. Today the FBI has jurisdiction over violations of more than 200 categories of federal law. The agency’s responsibilities include national security priorities such as counterter- rorism, counterintelligence, and cyber crime. Its criminal priorities include investigations involving public corruption, civil rights, organized crime, white-collar crime, and major thefts.18

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Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)—is a tax-collecting, enforcement, and regulatory arm of the U.S. Department of the Treasury. It is one of the youngest tax-collecting agencies, separated from the Internal Revenue Service in 1972. While the agency might be young, it can trace it roots back 200 years when Congress first imposed a tax on imported spirits. In 1863 Congress authorized the hiring of detectives to aid in the prevention, detection, and punishment of tax evaders. In 1875 federal investigators broke up the “Whiskey Ring,” an association of grain dealers, politicians, and revenue agents who had defrauded the government of millions of dollars of tax revenue. Ratification of the Eighteenth Amendment to the Constitution in 1919 banned the manufacture or sale of intoxicating liquors in this country. One of the most illustrious “T-men,” short for treasury men, involved in the enforcement of this law was Eliot Ness. He was responsible for bringing down Chicago’s organized-crime king, Al Capone, on tax evasion charges.