1 14 26 - leb · tion posted on a secure leo site. the nas also can send up to 160,000 unsecure...

Law Enforcement OnlineBy Lesley G. Koestner

Drowning Investigations By Gary Haupt

Protecting Personal Privacy By Michael J. Bulzomi

1

Agencies need to remain prepared tohandle these unique cases when theyarise.

As the FBI evolves from its traditionalfocus on law enforcement to its post-September 11 mission, which includesthe homeland security priorities ofcounterterrorism, counterintelligence,and cybercrime, LEO plays a crucialrole.

14

Departments

ISSN 0014-5688 USPS 383-310

Features

23 ViCAP Alert

Sexual Assault Series

24 Bulletin Reports

Personnel

Victims

Corrections

Sexual Offenses

United StatesDepartment of Justice

Federal Bureau of InvestigationWashington, DC 20535-0001

Robert S. Mueller IIIDirector

Contributors’ opinions and statementsshould not be considered an

endorsement by the FBI for anypolicy, program, or service.

The attorney general has determinedthat the publication of this periodical is

necessary in the transaction of thepublic business required by law. Use

of funds for printing this periodical hasbeen approved by the director of theOffice of Management and Budget.

The FBI Law Enforcement Bulletin(ISSN-0014-5688) is published monthly

by the Federal Bureau ofInvestigation, 935 PennsylvaniaAvenue, N.W., Washington, D.C.

20535-0001. Periodicals postage paidat Washington, D.C., and additionalmailing offices. Postmaster: Sendaddress changes to Editor, FBI LawEnforcement Bulletin, FBI Academy,

Madison Building, Room 201,Quantico, VA 22135.

Editor

John E. Ott

Associate Editors

Cynthia L. Lewis

David W. MacWha

Bunny S. Morris

Art Director

Denise Bennett Smith

Assistant Art Director

Stephanie L. Lowe

Staff Assistant

Cynthia H. McWhirt

This publication is produced by

members of the Law Enforcement

Communication Unit, Training and

Development Division.

Internet Address

[email protected]

Cover Photos

© John Barry; Kyle Hayden;

Wayne County Sheriff’s Office,

Detroit, Michigan

Send article submissions to Editor,

FBI Law Enforcement Bulletin,

FBI Academy, Madison Building, Room

201, Quantico, VA 22135.

February 2006Volume 75Number 2

26Law enforcement officers mustunderstand and discern the limitationsimposed on their authority in order torespect the rights guaranteed to people.

7 Focus on Forensics

Forensic Nursing

13 Introducing a newmonthly department...

Leadership Spotlight

What Is Leadership?

February 2006 / 1

Law Enforcement OnlineFacing the Challenges of KatrinaBy LESLEY G. KOESTNER

n today’s age of terrorism,what does the weaponry oflaw enforcement look like?I

Perhaps, it is as hydra-headed asthe enemy—evolving, expand-ing, and changing to meet cir-cumstances. Such an image alsomay describe the FBI’s LawEnforcement Online (LEO), aconduit for intelligence infor-mation that forms a cornerstoneof the organization’s Informa-tion Sharing Initiative by pro-viding links to federal, state,

© John Barry

© Wayne County Sheriff’s Office

2 / FBI Law Enforcement Bulletin

local, and tribal law enforce-ment agencies nationwide.1

For the past 10 years, theFBI has expanded the capabili-ties of LEO to such an extentthat when Hurricane Katrina hitNew Orleans, LEO was ready tohelp the community on manylevels. What did LEO provide?Communication, information,expertise, full-time assistance,and direct access—all intan-gible resources needed by first-responding public safety offi-cers facing the initial onslaughtof an emergency. LEO’s mainfocus after September 11 ad-dressed terror-related events.Although not a terrorist inci-dent, Katrina caused suchwidespread devastation thatLEO immediately becameoperational to offer neededcommunications assistance tolaw enforcement personnel.

LEO’s RoleA sample log illustrates how

LEO helped convey informationto law enforcement personnelduring the aftermath of Katrina.This represents only one ex-ample of the many ways thatLEO can contribute to the in-telligence, investigative, andsafety functions in law enforce-ment. Like the Internet onwhich it is built, LEO can bewhatever its members want itto be.

Monday, August 29: Asearly morning weather reportswarn of Katrina barrelingtoward New Orleans, the headof the FBI’s LEO Policy, Plan-ning, and Membership Unitkeeps a close watch on thehurricane’s progress. He advisesthe author and another agent toprepare for the possibility ofsetting up a virtual command

center (VCC). A VCC runs asoftware program that providesthe capability to maintain anawareness of evolving situa-tions for crisis management,allowing LEO members totrack, display, and disseminateinformation in real time aboutstreet-level and tactical activi-ties. After Katrina hits NewOrleans and flood waters ap-proach the FBI’s office there,LEO personnel at the CriminalJustice Information Services(CJIS) Division in Clarksburg,West Virginia, create two VCCsthat serve the affected area.VCC #1 provides aid specific tothe FBI’s temporary emergencylocal office, quickly set up inBaton Rouge, that helps trackFBI employees and their rela-tives in and around New Or-leans. VCC #2, also located inBaton Rouge, is a multifacetedtool to enhance the greater lawenforcement community’ssituational awareness; it enablesFBI Headquarters in Washing-ton, D.C., to monitor events andresources in the affected areasand to help provide federal,state, and local support to thefirst responders. LEO personnelat FBI Headquarters supportVCC #2 by processing LEOapplications and updating thehighlights page and otherinformation.

Tuesday, August 30: About20 calls per hour from FBIoffices across the country come

“

”Special Agent Koestner serves in the LEO Policy, Planning, and MembershipUnit, Programs Support Section, of the FBI’s Criminal Justice InformationServices Division in Clarksburg, West Virginia.

With LEO,law enforcement

personnel nationwidecan exchange vast

amounts ofinformation in

real time.

February 2006 / 3

into the Baton Rouge commandposts to update the two VCCs.Most cellular and landlinephones in the area do not workbecause of disabled electricityand communications lines, but agenerator at the command postrecharges cell phone batteriesand powers the VCC.

Wednesday, August 31:VCC operators continue provid-ing disaster recovery services toAlabama, Louisiana, and Missis-sippi. They track supplies andkeep in touch with federal, state,and local government agenciesand FBI Headquarters.

Thursday, September 1:From August 29 to September1, LEO personnel process morethan 150 new applications fromfederal government entities andlocal law enforcement formembership in LEO. This tallyincludes only those applications

from personnel whose dutiesrelate specifically to the Katrinadisaster.

Monday, September 5: Aspart of the VCC’s services,LEO personnel generate theHurricane Katrina ResourceLocations map, which identifiesthe location of supplies, incidentcommand posts, dispatchingcenters, FEMA offices, andother key resources. This andother maps, such as the WaterDepth Analysis one, demon-strate how information andexpertise can translate intoways to deliver concrete assis-tance. All LEO members canview the maps to learn the typeand location of available re-sources and the areas deeplyaffected by flooding. FromSeptember 5 through 7, FBIstaff from CJIS hold conferencecalls with LEO personnel and

law enforcement officers fromaffected areas to continuecoordinating support for disas-ter recovery efforts.

Friday, September 9: Bynow, the flood waters havereceded enough for the adminis-tration of VCC #2 to move fromBaton Rouge to a newly estab-lished multiagency commandpost in New Orleans. Threedays later, a new phase ofLEO’s response to HurricaneKatrina begins when the FBI’sCriminal Investigative Divisionrequests that LEO personnel set up a third VCC, operatedfrom a command post at CJIS, to provide antifraud support.The TV news programs displaythe FBI’s hotline number thatpeople can use to report sus-pected fraud related to reliefefforts. Examples of such fraudinclude people posing as

Plugging Into LEO’s Vast Resources

Law enforcement personnel who want to participate in LEO’s services need only fillout a form and have access to an industry-standard personal computer and an Internetconnection. To apply for a LEO membership application and for information about LEO,contact the LEO Program Office at 202-324-8833, by fax at 202-324-3364, or by e-mail [email protected]. After signing up, LEO members will receive a packet of informa-tion, a disk of software, and scheduled training.

The LEO Web site is easy to navigate for quick access to information. Most lawenforcement agencies have a staff member dedicated to watching the site. Immediately uponlogging on, the member sees the highlights page, which presents the headlines and summaries ofcrucial news of the day culled from sources around the world with hotlinks to the full articles.LEO personnel usually update the highlights once a day. During unusual events,however, hourly updates are common. Representatives of the LEO Special Interest Groupsmay post highlights as needed.


Katrina victims while trying tocash counterfeit FEMA checksor attempting to file fraudulentinsurance claims.

The National Alert System

As seen in the Katrina-related activities, the VCCscan help law enforcement useLEO’s services during crises. InJuly 2004, the LEO OperationsUnit introduced the softwareprogram on which VCC ser-vices rely, emphasizing its usein conjunction with the NationalAlert System (NAS). Employedtogether during national andregional special security events,the VCC and the NAS can helpfacilitate communication withinthe law enforcement commu-nity. For example, NAS alertsgenerated from the VCC canreach all recipients simulta-neously without the delayinherent in traditional phonetrees.

The NAS, introduced in2003, can deliver secure pop-upmessage boxes containing lawenforcement sensitive informa-tion to 20,000 online memberswithin 5 minutes—and simulta-neously transmit them to allmembers’ LEO e-mail accounts.An alert message contains ashort synopsis and directs therecipient to additional informa-tion posted on a secure LEOsite. The NAS also can send upto 160,000 unsecure notifica-tions to pagers, cell phones,

and other wireless devices toadvise users of an alert.2

The FBI’s Strategic Infor-mation and Operations Center,which keeps a close eye ontrends worldwide, posts NASalerts as needed. Additionally,one member of each LEOSpecial Interest Group (SIG)has the appropriate authority topost a national alert.3 The VCCand NAS features of LEO are,in part, the reason it is called “aone-stop shop for the law en-forcement community for FBI

information to the law enforce-ment community. This effortconstitutes part of the recom-mendation—included in theNational Criminal IntelligenceSharing Plan developed by theGlobal Intelligence WorkingGroup—that LEO become thenational communications sys-tem for all levels of the lawenforcement community. LEO’spartnership with the RegionalInformation Sharing Systems(RISS) enhances its capabilityto share information. The LEO-RISS electronic interface en-ables registered users to accessboth systems with a single log-on and provides them with asecure e-mail system.

An Investigative Tool

Members use LEO’s broadrange of services in many dif-ferent ways, depending on theneeds of their individual agen-cies. LEO’s value during theinvestigation of crimes andterrorist threats comprises akey feature that appeals tomany members. For example,regional law enforcementagencies attempting to combatthe proliferation of sales ofstolen property in pawn shopscould learn about similar initia-tives nationwide by going to atopic-specific Web site. UsingLEO, however, might providemore comprehensive investiga-tive information because lawenforcement personnel can

intelligence information, pro-viding a central hub for hori-zontal and vertical informationsharing to support investigativeprograms.”4

In a presentation at the 2003Annual International Associa-tion of Chiefs of Police Confer-ence, FBI Director Robert S.Mueller III endorsed the LEONAS as the means by whichthe FBI would securely andexpeditiously provide critical

© Wayne County Sheriff’s Office

February 2006 / 5

A Sample of LEO Services

Native Services5 Hosted Services6 Portal Services7

eLearning: Courses include

antiterrorism, forensic, and

investigative training

Hostage Barricade Database System,

e.g., records attempted incidents; uses

data from participating agencies

nationwide

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

Special Topics Index, e.g., cargo

theft, legal updates, drug traffick-

ing, stolen art

Infrastructure Protection Directorate:

National focal point fostering dialog

about computer intrusions

Joint Terrorism Task Force

Information Sharing Initiative:

Access at LEO controlled through

LEOSIG

LEO Library: Publications and

technical bulletins; controlled

access to relevant Internet sites

Law Enforcement Interagency Linguist

Access (LEILA): Sharing with intelli-

gence community linguist resources

who have consented to being in the

LEILA database

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

LEOSIGs: Custom services, e.g.,

private segmented areas for user

groups; SIGs create, for example,

newsgroups and chat rooms

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

National Center for Missing and

Exploited Children: Helps local

and federal law enforcement

share information

Mailing lists via listserv: Supports

general and SIG mailing capability

National Law Enforcement

Telecommunications System:

Connectivity tool

E-mail within LEO community:

Scanned for viruses, worms,

trojan horses—both incoming and

outgoing; hourly virus updates

Internet Café: Can facilitate NAS

postings propagating from LEO

to café e-mail system

Search engine: Controls access

within LEO portal services

**Note: This is only a brief summary of the many services that LEO pro-vides. Security measures differ as needed among the various services.


track trends of not only specificcrimes but also multiple crimi-nal offenses throughout thecountry. This broad picturecould prove valuable in aninvestigation. During Katrina,people posing as victims triedto file false insurance claimson hurricane-damaged propertythat they never owned and triedto cash computer-generatedchecks supposedly from FEMA,claiming that they had lost theiridentification papers during thehurricane. With LEO, investiga-tors tracked these fraudulentactivities and identified trendsshowing spikes as a direct resultof the hurricane. Thus, lawenforcement nationwide knewto look out for these types offraud.

Conclusion

As the FBI evolves fromits traditional focus on law

enforcement to its post-Septem-ber 11 mission, which includesthe homeland security prioritiesof counterterrorism, counterin-telligence, and cybercrime,LEO plays a crucial role. Dur-ing the disaster recovery andantifraud efforts followingHurricane Katrina, law en-forcement personnel nation-wide used LEO to exchangevast amounts of information inreal time. LEO’s services wereready and available during theaftermath of Katrina and re-main on call for the nation’snext emergency.

Endnotes

1 For further discussion about the

FBI’s post-September 11 focus, access its

Web site at http://www.fbi.gov/pressrel/

speeches for such entries as “Statement

of Robert S. Mueller III, Director of the

Federal Bureau of Investigation, Before

the United States House of Representa-

tives Committee on Appropriations,

Subcommittee on Science, State, Justice

and Commerce,” September 14, 2005;

“Tomorrow’s FBI: Changing to Meet

New Challenges,” Director Robert S.

Mueller III, for the Council on Foreign

Relations, June 22, 2004; and “The New

FBI: Protecting Americans Against

Terrorism,” Director Robert S. Mueller

III, for the American Civil Liberties Union

2003 Inaugural Membership Conference,

June 13, 2003.2 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.

While Hurricane Katrina overwhelmedthe area, many stalwart men andwomen from local and state lawenforcement, fire services, and otherpublic safety agencies tried valiantlyto rescue citizens and provide relief tothose in need. The author dedicatesthis article to these unfaltering andselfless individuals who performedtheir duties in the face of extremeadversity.

© John Barry

February 2006 / 7

he unidentified male is rushed to the hospi-tal via ambulance. He is unconscious, with

forensic nurses provide a needed link betweenmedicine and the law. In 1992, 70 nurses gatheredin Minneapolis, Minnesota, for the first nationalconvention of sexual assault nurses, which led tothe formation of the International Association ofForensic Nurses (IAFN).3 Three years later, theAmerican Nurses Association officially recog-nized forensic nursing.4 As of 2004, the IAFN hasover 2,400 members.5 As a result, forensic nursinghas become one of the fastest growing specialtiesin the field of nursing.

Forensic nurses must be a registered nurse(RN),6 a trained medical professional licensed by astate authority.7 Once they have earned an RNlicense, nurses who desire to specialize can takeselected courses in the field of forensic science thatwould cover such topics as collection and preser-vation of physical evidence, wound identification,law enforcement investigation, documentationprocedures and chain of custody, and preparationfor court testimony.8 Various universities acrossthe nation provide education and training for those

Ta gunshot wound to his chest. The trauma teamhas been alerted prior to his arrival. While eachteam member has a role in the immediate careof the victim, the forensic nurse cuts off hisclothes, careful to avoid the bloody hole where thebullet pierced his shirt. The nurse puts each articleof clothing in a separate container, places brownbags over the patient’s hands, and searches hispockets for anything that could identify the youngman.1

Gunshot wounds, drug overdoses, sexual as-saults, and stabbings constitute just a few casesthat involve forensic nurses who administer medi-cal attention to individuals with traumatic injuriesand those involved in catastrophic accidents, aswell as provide assessment and care to bothvictims and perpetrators of crime and to theirfamilies.2 A relatively new field in the criminaljustice arena, forensic nursing originated in theearly 1990s. While not lawyers or police officers,

Forensic NursingAn Aid to Law EnforcementBy Joseph R. Yost and Tod W. Burke, Ph.D.

Focus on Forensics

© Digital Stock

seeking a career as a forensic nurse, presentingthem with classroom lectures and discussions,laboratory experience, and internships at localhospitals. One forensic nurse indicated thatshe first became an RN and later decided to be-come a forensic nurse. She successfully completedthe required courses, including evidence preserva-tion and collection, photography, and woundidentification. She also observed the functions oflaw enforcement by riding with a police officerfor a specified number of hoursand learned about the court-room process by witnessing trialprocedures.9

THE LAW ENFORCEMENT

ASSOCIATION

The general term forensicnurse encompasses several areasof expertise that RNs canspecialize in to aid law enforce-ment officers in many ways.These include sexual assaultnurse examiners, forensic cor-rectional nurses, forensic geriatric nurses, forensiclegal nurse consultants, forensic nurse investiga-tors, forensic pediatric nurses, and forensic psychi-atric nurses.

Sexual Assault Nurse Examiners

The sexual assault nurse examiner (SANE)10

specializes in providing care and treatment tosexual assault victims.11 The duties of the SANEinclude assessing injury, objectively documentingthe health history of the victim, recording informa-tion about the crime, screening for sexually trans-mitted diseases, collecting and preserving forensicevidence, and aiding the victim.12

Because SANEs frequently work closely withassault victims, most possess some education andknowledge in the field of victimology, the study ofvictims and crime.13 Most SANEs follow thevictim through the entire criminal justice system,

often offering a sympathetic ear. SANEs operateon the belief that victims should receive thoroughmedical evaluations, treatment by skilled profes-sionals, and knowledgeable support.14

All SANEs have to be certified through a com-prehensive, usually 40-hour, training program thatincludes gathering medical histories from victims,conducting physical exams, identifying woundsand patterned injuries, and collecting evidence, aswell as learning some interview techniques and

basic forensic photography. Thistraining also may prove valuableto law enforcement officers in-vestigating cases of assault.15

Forensic Correctional Nurses

Forensic correctional nursesprovide medical attention to in-dividuals charged and convictedof a crime. They often are em-ployed in prisons, jails, and juve-nile detention centers.16 Theirresponsibilities include givingprescribed medications to in-

mates, running the correctional facility’s hospital,and treating the victims of inmate fights. Forensiccorrectional nurses also serve as potential negotia-tors. For example, an inmate barricaded himself inhis room and, using a mop ringer as a weapon,threatened to kill the first person who attempted tointervene. Officials called in a forensic correc-tional nurse who told the prisoner that police offi-cers were en route, and, if he did not immediatelycalm down, they would take corrective action. Theinmate, known to tear through restraints, brokedown and submitted without incident.17

Forensic Geriatric Nurses

Forensic geriatric nurses care for aging indi-viduals and often handle the human rights issues ofabuse, neglect, or exploitation.18 Nursing homefacilities or retirement communities usually em-ploy these nurses who also can have their own

“

”

Forensic correctionalnurses provide

medical attention toindividuals charged

and convictedof a crime.


independent practices.19 They use their knowledgeand skills most often in cases of elder abuse orneglect. In one incident, an elderly woman arrivedin the emergency room of a hospital with a swollenright eye, bruises on her arms, and severe dehydra-tion. The forensic geriatric nurse on staff tookpictures of the injuries as they appeared to bepossible signs of elder abuse. When the elderlywoman became coherent 2 days later, she ex-plained that her son had become frustrated with herdeclining health. She stated that he would tell herthat she needed to try harder. If she failed to do so,he would strike her. The intervention of the forensicgeriatric nurse prevented the woman from be-ing released her back to her son. Instead, she wasimmediately assigned to an assisted living centerwhere she would have minimal contact with herson.20

Forensic Legal Nurse Consultants

Forensic legal nurse consultants use their clini-cal knowledge to assist attorneys in cases wherelaw and medicine overlap.21 They often use theirknowledge in civil, rather than criminal, cases.22

These nurses typically have their own practices orwork for major law or insurance firms. Their dutiescan include verifying malpractice and negligenceclaims, preparing and analyzing records, providinglegal assistance, and serving as expert witnesses.23

While law enforcement officers focus on criminallaw, they also may have to testify in civil litigations(tort actions), such as automobile accidents andassaults. The forensic legal nurse consultant couldaid officers in understanding the components ofcivil actions. For example, in a malpractice casewhere a man died as a result of a farming accident,a forensic legal nurse consultant reviewed the fileinformation and testified that the doctor wasnegligent when allowing the patient to be air trans-ported to the hospital before he was stable.24 Ifpolice officers had arrived on the scene to assist thevictim or to investigate the incident, they mostlikely would have been named in the lawsuit.

Forensic Nurse Investigators

Employed by medical examiners, forensicnurse investigators conduct scientific investiga-tions of the crime scene and the circumstancessurrounding the victim’s death.25 For instance, a 6-month-old baby was found dead in his crib, and theforensic nurse investigator was called to investi-gate the death. Upon arrival at the scene, she wastold that there was no history of disease or abuse.When the nurse entered the child’s room, she no-ticed a distinct odor of vomit. She asked the motherif the baby had been sick. The forensic nurse inves-tigator learned that while the baby had shown nosigns of previous illness, his older brother hadcomplained of stomach problems for several days.

Forensic Nursing Programsin the United States

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

General Forensic Nursing

Graduate Level

Duquesne University, Pittsburgh, PA

Gonzaga University, Spokane, WA

John Hopkins University,School of Nursing, Baltimore, MD

Monmouth University,West Long Branch, NJ

Beth-El College of Nursing,Colorado Springs, CO

Bossier Parish, North Bossier City, LA

University of Pennsylvania,Philadelphia, PA

University of Scranton, Scranton, PA

February 2006 / 9


The nurse observed green paint peeling off thesteam radiator pipe that snaked across the apart-ment. She lifted the dead infant’s lip and observeda thin, bluish lead line on the baby’s gums. Shethen instructed the mother to have herself and herchildren tested for lead poisoning. The test verifiedthe nurse’s suspicions. The entire family had con-tracted lead poisoning from the paint flaking offthe pipe.26

Forensic Pediatric Nurses

Forensic pediatric nurses care for children andoften encounter the human rights issues of abuse,neglect, or exploitation.27 Thesenurses often are in independentpractices or work in the pediatricdepartment of hospitals.28 In onecase, an 8-year-old girl wasbrought into the hospital onenight complaining of pain in herpelvic region. The forensic pedi-atric nurse on staff performed apelvic exam on the youngsterand discovered several abrasionsand bruises. Further investiga-tion revealed that the father hadsexually abused her. As a resultof the forensic pediatric nurse’s examination, thephysical evidence collected, and the testimony ofthe child, authorities arrested the father andcharged him with molestation.

Forensic Psychiatric Nurses

Forensic psychiatric nurses handle offenderswho are mentally ill. They often work in forensicpsychiatric practices, state hospitals, and psychiat-ric facilities within correctional institutions.29

One of their major roles involves determining thecompetency of offenders. These nurses must havea thorough understanding of the criminal justicesystem, as well as the necessary elements forcompetency.30 Forensic psychiatric nurses oftentestify in court regarding competency issues. Inone instance, a judge asked a forensic psychiatric

nurse to determine the competency of a subjectwho had brutally murdered his mother. After con-ducting an extensive interview with the son, theforensic psychiatric nurse determined that he ex-hibited signs of mental illness and required hospi-talization and, therefore, was not competent tostand trial.31

THE EVIDENCE CONNECTION

Documentation of evidence proves criticalto any investigation, including ones where forensicnurses have become part of the effort. Thesenurses should adhere to all evidence collection and

preservation techniques withoutexception and maintain the chainof custody to ensure that noevidence is ruled inadmissible ina court of law.

Collecting Evidence

Forensic nurses may proveinvaluable to investigators, par-ticularly when a victim is trans-ported to an emergency room.In that setting, forensic nurseson staff should document allproceedings pertaining to the

victim, including a complete medical report thatcovers all treatment administered and the locationof any bruises, cuts, scrapes, or lacerations.32 Pho-tographs of all of the victim’s injuries also areessential for proper documentation and should in-clude close-up, mid-range, and full-body images.33

When practical, they should contain a photo-graphic scale or ruler for comparison.34

When collecting physical evidence, forensicnurses should wear gloves to minimize contamina-tion and follow basic techniques and procedures.Law enforcement investigators attempting tocollect evidence from victims may seek assistancefrom forensic nurses who could swab for saliva orsemen, collect bullets and gunshot residue fromthe body, and bag the victim’s clothing for futureanalysis.35

“

”

Forensic nursesmay prove invaluable

to investigators,particularly when a

victim is transportedto an emergency

room.

February 2006 / 11

Handling Evidence

Once they have collected the evidence, foren-sic nurses should place each sample in a separatecontainer and seal it to prevent contamination. Thevictim’s name, date, time, and case number shouldappear on the label accompanying the evidence,along with the forensic nurse’s name, identifica-tion number (if any), and location where the evi-dence was recovered. It would prove helpful to lawenforcement officers to assist in training forensicnurses, particularly when requesting forensic evi-dence and adhering to the proper chain of custody.Failure to maintain proper evidence and chain ofcustody may jeopardize a case. In a hypotheticalsituation, a forensic nurse collected evidence, but,in a rush to treat another victim arriving in theemergency room, failed to include the date andtime. This type of action would break the chain of

custody and cause the court to rule the evidenceinadmissible.

In addition to maintaining a proper chain ofcustody, forensic nurses must be careful in han-dling evidence. For example, a victim with a singlegunshot to the head arrived at a hospital. In theemergency room, the forensic nurse removed thebandages from the victim’s head that the emer-gency medical technicians had applied at the sceneof the shooting. Unknown to the forensic nurse, thebullet had dislodged into the bandages. While theprojectile was later discovered in the trash, theevidence was inadmissible because it could not betraced to the victim.36

Testifying in Court

Forensic nurses also may serve as expert wit-nesses in court. Sometimes, this poses problems.

Specialties in Forensic Nursing

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

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

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

• Forensic geriatric nurses care for aging individuals with an emphasis on the humanrights issues of abuse, neglect, or exploitation.

• Forensic legal nurse consultants use clinical knowledge to help attorneys in cases wherethe law and medicine overlap.

• Forensic nurse investigators, employed by medical examiners, conduct scientificinvestigation 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 issuesof abuse, neglect, or exploitation.

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


When a doctor and forensic nurse provide contra-dicting information, attorneys can use this to theiradvantage. If a nurse and doctor provide conflict-ing information, the testimony of the doctor mostlikely will be believed over that of the nurse. Forexample, a SANE had performed an examinationon a sexual assault victim. The doctor on calldeemed it necessary that he be there to sign off onthe case, even though he did not conduct the ex-amination. As both the doctor and the forensicnurse were present during the examination,both were subpoenaed to court. When providingtheir testimony, both the doctor and the SANEidentified the same injuries but in different loca-tions on the body. The judge considered thedoctor’s testimony, which later proved incorrect,as more accurate. The defense counsel noticed thediscrepancy in the two testimonies and used it towin the case.37

CONCLUSION

While a relatively new profession, forensicnursing already has successfully helped bridge thegap between the two fields of law and medicine.The high demand for forensic nurses will likelycontinue as doctors and law enforcement officialsrecognize the need for their valuable expertise.Those not currently employing forensic nurses cancontact their local hospital or the nearest forensicnurse program by accessing the International As-sociation of Forensic Nurses’ Web site at http://www.iafn.org/resources/default.html. Bringingthe two worlds of medicine and law enforcementtogether can help both fulfill their different, yetcomplementary, missions.

Endnotes

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.5 Ibid.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): 34-36.23 Ibid.24 Supra note 10, 148-149.25 Supra note 2.26 Supra note 10, 157-158.27 Supra note 2.28 Supra note 6.29 Supra note 2.30 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 RadfordUniversity in Radford, Virginia.

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

Leadership Spotlight

February 2006 / 13

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Dr. David S. Corderman, special agent and chiefof the Leadership Development Institute at theFBI Academy, prepared 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


n a lake in Missouri,investigators made agrisly discovery. TheyO

found a white male floatingwith a heavy boat anchorattached to him with a rope.The subsequent autopsy re-vealed that someone killed himand dumped his body into thewater. Eventually, authoritiesarrested a suspect who laterwas convicted of murder.

Another case involved aman who was accidentallyejected from a boat traveling ata high rate of speed on a Mis-souri lake. Apparently, he hit

his head, became unconscious,and drowned, disappearingbelow the surface of the water.The incident occurred in themain channel of the lake, whichmeasured over .5 mile wide andvaried from 70 to 110 feet deep.A witness could not closelyidentify the location of theaccident, hampering investiga-tors’ attempts to locate thevictim. To further complicatematters, the area had a substan-tial amount of underwatertimber that remained frombefore the formation of the lake.Authorities made numerous

attempts to recover the man’sbody by dragging, scuba diving,and using canines—all of thesemethods proved unsuccessful.Five years later, the remains ofa decomposed foot wearing asock and a tennis shoe surfacedand began floating in the ap-proximate area of the lakewhere the man’s body disap-peared. Authorities identifiedthe sneaker as the one worn bythe victim before the accident.Decay was well advanced, andthe joint at the ankle had com-pletely rotted away, allowingthe foot to float free from the

DrowningInvestigationsBy GARY HAUPT

© Missouri Water Patrol

February 2006 / 15

body. Although most corpsescome to the surface during thedecomposition process, thiscase probably represented oneof the rare instances in which abody remains entangled in sometype of underwater obstruction,such as timber or brush.

Law enforcement person-nel conduct a large number ofdrowning investigations. Someinvolve homicides or suicides,but most result from accidents.Drowning represents the fourthleading cause of accidentaldeath in the United States,with between 4,000 and 5,000incidents occurring annually.1

This number alone indicatesthat many police officers, inthe marine environment andotherwise, will routinely inves-tigate drowning deaths. Agen-cies need to ensure that theirpersonnel remain well preparedto handle these cases when theyarise.

DEATHS

BY DROWNING

Definition

Drowning refers to deathdue to submersion in a liquid—as shallow as 6 inches in casesinvolving infants, the elderly,people afflicted with epilepsy,or individuals under the influ-ence of alcohol or other drugs.Irreversible cerebral anoxia, orlowered oxygen to the brain,due to asphyxiation serves asthe mechanism of death.2

Experiments conducted inthe late 1940s and early 1950ssuggested that many drowningdeaths resulted from electrolytedisturbances or cardiac arrhyth-mia produced by high volumesof water entering the circulatorysystem through the lungs. How-ever, present thought considershypoxemia, or deprivation ofoxygen to the systems of thebody, the most important physi-ological consequence of drown-ing. Also contrasting previouslyheld theories, recent researchsuggested that the heart andkidneys can compensate forlarge amounts of water ab-sorbed by the lungs. In near-drowning cases, physicianshave not observed the electro-lyte changes previously thoughtto occur. This informationshould not discount the possi-bility of cardiac irregularities

due to the inundation of thecirculatory system when anindividual absorbs large vol-umes of water; this heart-relatedstress can contribute to death.3

Experts consider someindividuals who drown asvictims of dry drowning. Inthese cases, the fatal cerebralhypoxia, or oxygen deprivation,does not result from water oc-cluding the airway but, rather,from a spasm of the larynx.Water never enters the lungs.These instances constitute 10to 15 percent of all drownings.

When people sink beneaththe surface of the water, theyinitially react by holding theirbreath. This continues until theyhave to breathe, thereby invol-untarily inhaling a large volumeof water, which either enters thelungs (in most instances) orreaches the larynx—producing

“

”

...many policeofficers, in the

marine environmentand otherwise, will

routinely investigatedrowning deaths.

Captain Haupt serves with the Missouri State Water Patrol in Branson.


the laryngeal spasm that resultsin dry drowning. In both cases,this gasping for air may con-tinue for several minutes untilrespiration ceases. Cerebralhypoxia will progress until itbecomes irreversible and deathoccurs.4

The point at which a persondies depends largely on the ageof the victim and the tempera-ture of the water—if warm,somewhere between 3 and 10minutes. Some rare situationsinvolving submersion of chil-dren in extremely cold water(less than 40°F) have resultedin successful resuscitation withcomplete recovery after longerperiods of time, the longestbeing 66 minutes. Such casesprobably result from the morerapid development of hypother-mia in children. Most com-monly, people lose conscious-ness within 3 minutes ofsubmersion. Also, recent re-search has indicated that thetype of water inhaled, whetherfresh or salt, probably has verylittle influence on whether theindividual will survive if resus-citation is initiated.

Death by cardiac arrest,rather than by drowning, pre-sents another possibility whenindividuals become suddenlyand unexpectedly submersedin cold water or overexerted.Additionally, uncontrollablerespiratory distress due to coldwater immersion may causethe victim to inhale water,

and investigators may falselysuspect drowning.

The Body in Water

The human body weighsslightly more than fresh water.Consequently, when individualsbecome unconscious, theysink—regardless of fat level,which slightly increases buoy-ancy. Generally, a drowningvictim will reach the bottom

as heart attack. Or, perhaps, adry drowning has occurred; inthose cases, because the lungsdo not contain water, the bodywill not descend.

Almost without exception,a corpse lying on the bottomof a lake or river eventuallywill surface because of the gasformed in its tissues as a resultof decay and the action of in-ternal bacteria. This results inreduced specific gravity of thebody so that it rises. Witnessesto this event have describedcorpses breaking the surfaceof the water with force, likethe popping of a cork.

Factors that effect thelength of time for a body tosurface after drowning includefat content, consumption ofbeverages and food precedingdeath, water temperature at thebottom, and depth at the loca-tion. Recent meals high in car-bohydrates (e.g., candy, beer,and potato chips) nourish cer-tain bacteria that will encouragequick refloat.6 In warm andshallow water, the gases withinthe body form rapidly, resultingin a possible rise to the surfacewithin a day or two. In deepand cold water, bacterial actiontakes place slowly, and thecorpse may not appear forseveral weeks.7 When the bodybecomes greatly distended withgas, the tendency to float in-creases. Many well-documentedcases exist of homicide victimsdumped into lakes and rivers

of a body of water in spite ofthe depth, unless it meets someobstruction on the way down.As the corpse descends further,the pressure of the water tendsto compress gases in the ab-dominal wall and chestcavities. As a result, the bodydisplaces less water as it sinksand, consequently, becomesless buoyant the further down it goes, until it reaches thebottom.5

If a corpse does not sink,investigators should suspectanother cause of death, such

”

The point at whicha person dies

depends largely onthe age of the victimand the temperature

of the water....

“

February 2006 / 17

and then later surfacing, eventhough perpetrators attachedheavy weights to them.

In some cases, the body mayremain immersed. Extremelydeep, cold water conditions(e.g., natural glacier lakes, deepimpoundments) may prevent acorpse from ever becomingbuoyant enough to overcomethe immense water pressure.

Rivers and theEffects of Currents

Rivers differ from otherbodies of water in two ways—they are shallow and havecurrents. Depths of less than 10feet do not have a high level ofcompression on the internal airspaces of drowning victims.

In extremely heavy currents,such as in flash-flood situations,the victim’s body probably willroll on the bottom for a consid-erable distance—trees or otherdebris also may carry along thecorpse. During normal condi-tions in most rivers, this is notthe case, and investigatorsusually will find victims on thebottom relatively close to thedrowning site. However, afterthe body floats to the surface, itmay drift due to the current be-fore washing ashore or comingto rest in a back eddy.8

Lakes and the Depth Factor

Victims who drown in lakeswill sink to the bottom in thearea below the point of submer-gence; authorities usually will

locate the body within a radiusequal to the depth of the water.However, witness error cancome into play. Even whensomeone sees the incident,authorities may find establish-ing the site difficult or impos-sible if the victim drowned farfrom shore. Because of panicand anxiety, people usually donot think to mark the locationwhere the individual went downor to note nearby landmarks,

Lakes rarely have a currentstrong enough to affect a bodysinking or surfacing. However,the victim likely will moveafter refloat, and wind can pushcorpses. In lakes, the effect ofeven slight wind movementeasily can offset any currentthat might exist.

Often, especially in thesummer months, lakes havedefinite thermoclines—twolayers of water at differenttemperatures. While the surfacecan measure 75 to 90°F, thetemperature can drop 20 to 30°Fat a depth of 40 feet—this coldwater will tend to retard thereflotation process.9 A mythexists that a drowning victimcan become suspended on athermocline because of thedifference in water densitybetween these two layers. How-ever, no known case exists ofthis happening; in fact, internalair compression on descent andexpansion on ascent make thisvirtually impossible.10

CONSIDERATIONSFOR INVESTIGATORS

Investigators can look forsome distinctive signs to deter-mine cases of drowning. Offi-cers must recognize theseindicators and then articulatethem to the medical examiner.Presently, no known and provenpathological test exists to de-termine drowning as the causeof death, so, by itself, an autop-sy usually proves insufficient.

thereby eliminating triangula-tion as an option. Investigatorsfind it hard to locate drownedvictims in lakes unless theincident occurred near theshoreline, from an anchoredboat, or at a dock secured to theshore. This problem becomesfurther complicated in deep anddingy water, which may elimi-nate any possibility of recoveryattempts by scuba divers. Often,waiting for the body to float tothe surface becomes the onlyviable option.



Authorities can make thisdiagnosis only with a knowl-edge of the circumstances andexclusion of other causes.

Investigators need to answerseveral questions in apparentdrowning cases. For instance,did the person drown, or didperpetrators kill the individualand dispose of the corpse in thewater? Was the victim con-scious upon submersion? Couldthe person swim well? Did thevictim consume any alcohol ordrugs? What was the individualdoing at the time? Did anyonewitness the incident? If anyinjuries exist on the body, werethey caused before death (ante-mortem), at the same time(agonal), or afterwards (post-mortem)? In the course of theirinvestigation, authorities willfind that a combination ofexternal signs will providevaluable information.11

Bodily Substances

Investigators should lookcarefully around the victim’shead, face, and mouth for anysigns of vomitus. They shouldmake this observation first asthis very transient evidenceeasily can wash away. Presenceof vomit serves as a reliableindicator that the victim becamesubmerged while alive.

Foam often exudes from thenose or mouth of victims of wetdrownings. This froth resultsfrom a mix of mucous, air, andwater during respiration. Its

presence serves as an indicationthat the person became im-mersed while still breathing,although authorities do notconsider it conclusive evidencethat the individual drowned.Some blood resulting from thetearing of lung tissue by force-ful breathing just prior tounconsciousness may existwith it. Investigators shouldnote that decomposition can

The lack of a froth cone is moretypical when the victim did notfight the drowning process andgasp forcibly for air when dis-appearing below the surface ofthe water (e.g., intoxicated orunconscious individuals).

Adipocere refers to a fattywax substance that forms onbodies either submerged inwater or buried in damp condi-tions without oxygen and air. Itspresence on a corpse recoveredfrom water indicates that thevictim probably has been therefor a long time.

Lividity

Investigators normallywill find postmortem lividity,or blood pooling, on the portionof the body or head lying onthe bottom after drowning. Forinstance, a corpse that ends upface down should have thiscondition evident on the chest,abdomen, face, or all of thoseareas. Typically, lividity ismost evident in the head orneck because the body nor-mally assumes a position ofhead down, buttocks up, andextremities dangling downward.Blood pooling not conformingto these patterns should alertauthorities to investigate furtherto determine if death precededimmersion.

Eyes

A drowning victim’s eyesprovide a ready, easily acces-sible, and useful source of

destroy the foam.12 This froth is similar to that often foundon individuals who have diedfrom acute heart failure or adrug overdose, both of whichusually result in massivepulmonary edema.13

Transient in nature, thisfrothy foam easily can washaway during recovery opera-tions. Sometimes, it may con-tinue to ooze from the nose andmouth for a period of time afterrecovery. In other cases, novisible signs of it may exist,even in confirmed drownings.

”

Investigatorscan look for somedistinctive signs

to determine casesof drowning.

“

February 2006 / 19

information relating to thecause and time of death. Asthis evidence also is transientin nature, investigators needto note it immediately afterrecovery.

If death occurred on land,a noticeable horizontal lineshould exist on the eyeball if,as is common, the eyelids re-mained partially open, therebyallowing exposure to air and itsdrying effects. The line, orborder, between the clear andcloudy cornea—the raised,usually clear area of the eyeballcovering the pupil and iris—and the white and discoloredsclera—the opaque, normallywhite portion—will occur onlyin these instances.

Conversely, if the victimdrowned and is submerged inwater at the time of death, thenthe eyes will retain a lifelike,glistening appearance. No lineswill be present.14

Skin

The skin on the hands andfeet of a body will have awrinkled “washerwoman”appearance if immersed formore than 1 or 2 hours. This iscalled maceration and does notindicate that the deceased hasdrowned as it will developwhether the individual wasalive or dead when entering thewater. After prolonged immer-sion, the outer layer of skin maybecome completely separated

from the feet and hands andcome off in a glove or sockfashion. Investigators can obtainfingerprints from the intact ordetached skin, which retainsthe same ridge pattern.

Muscles

Rigor mortis, or postmortemrigidity, results from a chemicalreaction that commences atdeath. It usually begins to de-velop within 2 hours, becom-ing fully established in 6 to 12.Rigor mortis results frommuscle rigidity, not a stiffeningof the joints. Once fully estab-lished, it remains for a variableperiod of time and then gradu-ally diminishes (24 to 36 hoursafter death). Both the onset anddisappearance of rigor mortiswill vary depending on watertemperature. Investigators

should note that cold watercan retard the process.15 Also, itmay be poorly formed in infantsand elderly persons.

When initially recoveredfrom the water, portions ofthe body—mainly hands andarms—may appear to be in fullrigor mortis, even though onlya short time has passed sincedeath occurred. This phenom-enon, cadaveric spasm, resultsfrom the typically violentstruggling of an individual atthe time of the drowning. Ca-daveric spasm forms only underconditions of extreme mentalstress and indicates the victim’slast thoughts and actions. It oc-curs virtually instantly and onlyin groups of voluntary muscles,unlike rigor mortis, whichprogresses evenly throughoutthe body at a steady rate.16



Another condition, cutisanserina, or goose flesh, is aspasm of the erector pilaemuscles due to rigor mortis. Itdoes not indicate whether theperson was alive or dead whileentering the water.

Decomposition

Putrefaction refers to thedecomposition of the body be-cause of bacteria and fermenta-tion. Although this process cantake longer in water-submergedvictims, these individuals mayremain concealed longer whenthey become hidden in water orvegetation or lost in a largebody of water; this results incorrespondingly advancedpostmortem changes beforerecovery. No time schedule forthe stages of decompositionexists as differing water andclimatic conditions will havea profound effect. Generally,cold and swiftly moving waterpreserves bodies, whereas heavyclothing and stagnant, warmwater hasten decomposition.

The sequence of events re-mains relatively constant. Skinmaceration begins, followed byprogressive bloating and discol-oration. The abdomen becomesgreenish or purple; it also be-comes distended because thebody cavity fills with gas. Skinand hair detach and the tongueand eyes protrude. Featuresswell until authorities findvictim identification difficult.Advanced stages of putrefaction

can lead to mummification ofthe skin, especially if the bodyrefloats, becomes exposed tothe drying effects of air, andremains hidden for a long time.

Body Posture

Corpses normally exhibit arelaxed, often prone, semifetalposition when discovered bydivers on the bottom of a bodyof water. They assume thisposture because of the buoyant

Any person who has diedon land and remained in aterrestrial environment duringthe onset of rigor mortis willdisplay a different posture. Thehead likely will be rotated toone side, a position almostnever found in a drowningvictim.17

Hand and Arm Positions

Investigators often will finda drowning victim’s arms bentwith the hands turned towardthe face when rigor mortis hasdeveloped. In those cases, itappears that individuals tried tocover their mouths to preventdrowning. Often, they clinchtheir hands in a fist. These armand hand positions are muchless pronounced or not presentat all in victims who drownedwhile intoxicated because theseindividuals generally do notstruggle, but simply disappearbelow the surface of the water.

Sometimes, investigatorsmay find objects in the handsof victims, such as grass froman embankment. If the drown-ing occurred in relativelyshallow water, soil or gravelcommonly found on the bottommay be clutched in the hands,indicating that the individualprobably entered the waterwhile conscious.18

Injuries and Marks

Immersion of a body inwater for several hours maycause leaching of blood from

properties of water; the naturalforces exerted by the skeletalmuscles, even when relaxed;and the buoyancy of the lungs,which lie nearer the back thanthe front. In this position, thearms and legs usually areslightly bent at the elbows andknees. The head often tiltsslightly forward, and the spinecurves slightly. Authoritiesshould see this configurationupon recovery when rigormortis is developed.

”

The investigator’srole in a drowning

investigation iscrucial to a medical

examiner inestablishing anaccurate cause

of death.

“

February 2006 / 21

injuries, such as propellor cuts,lacerations, and stab wounds.Thus, an individual may have anumber of what appear to bebloodless postmortem injuries,which actually are antemortemor agonal and the cause of theperson’s demise. Of course, allrecovered bodies need carefulinspection for possible antemor-tem injuries. Because of theleaching effect, investigatorsmay find detecting thesewounds difficult.

Severe antemortem oragonal injuries usually willleave definite signs, such asbruising and dispersing of bloodinto adjoining tissues, becausethe heart still was pumpingblood when these woundsoccurred. This appearance willdiminish as putrefactionprogresses.

Legitimate postmorteminjuries can occur to a body,especially around the head, face,knees, tops of the feet, andbacks of the hands, althoughinvestigators should take carenot to confuse these with de-fense wounds. A corpse thatfloats to the surface after par-tially decomposing is subject tocurrents that can repeatedly dragit across rocks and obstructions.In a very strong current, thebody can travel far underwater,also causing these postmorteminjuries.

In addition, marine life cancause postmortem damage to abody. It is not unusual for the

not sufficient by itself, it canexclude other possible causesof death.19

Coroners will find the lungsof the typical wet drowningvictim large and bulky, com-pletely occupying their respec-tive cavities, with a brick redappearance and large quantitiesof foamy edema. White foamcommonly exists in the tracheaand bronchi. The stomach maycontain water. There may bedilation of the right ventricle ofthe heart due to absorption oflarge quantities of water intothe circulatory system.

Examiners may find swell-ing in the brain and hemorrhag-ing in the petrous or mastoidbones. Authorities also mayencounter these symptoms inpeople who died of heart dis-ease, abuse of substances, orother causes. Thus, the drugoverdose victim dumped in alake and the heart attack victimcollapsing into the water canhave the washerwoman andgoose flesh appearance, pulmo-nary edema, and hemorrhageinto the petrous and mastoid

lips, ears, and nose to be at leastpartially eaten away.

Boat propellers also cancause postmortem injuries,especially to a body that floatsback to the surface at night andthen gets hit by a motorboatbefore discovery. Investigatorsmust differentiate postmortempropellor cuts from antemortemor agonal ones; in most in-stances, corpses refloat face-down, so those that occur afterdeath nearly always will be tothe back and shoulders, backof the head, or buttocks.

Medical examiners can helpdraw conclusions about theactual nature of wounds de-tected. But, investigators mustprovide all pertinent details.

INDICATIONSIN AUTOPSIES

Over the years, experts havedeveloped and tried a number oftests to determine conclusivelywhether a person drowned. Allhave proven unreliable on theirown. No morphologic findingsdiagnostic of drowning exist.Although an autopsy usually is

An Online Resource

To assist investigators in conducting drowninginvestigations, the Missouri State Water Patrol offersan easy-to-follow resource. The Supplemental Under-water Recovery Report is available on the agency’sWeb site at http://www.mswp.dps.mo.gov/SuppRecoveryReport.pdf.


bones. This demonstrates forinvestigators the importance ofgathering other information toassist medical examiners indetermining the proper causeof death when drowning issuspected.20

Once water has flooded thelungs, osmosis may cause aportion of any alcohol in theblood to pass out of the circula-tory system into the floodedalveoli. When this occurs, thepossibility exists that the result-ant postmortem blood alcoholanalysis may measure as muchas 30 percent less than beforedeath.21

NEW TECHNOLOGY

Through a U.S. Departmentof Homeland Security grantobtained in the spring of 2004,the Missouri State Water Patrolreceived money to purchasesophisticated side-scan sonarequipment capable of findingunderwater bombs, improvisedexplosives, and other devicesthat could pose a risk to bridges,dams, and other structures.Fortunately, it also can locatea human body on the bottomof a lake or river. This technol-ogy is far superior to conven-tional paper or liquid crystalgraphs. On a computer monitor,it can paint an accurate pictureof the bottom of a waterwayand effectively eliminate fromconsideration large sectionsof water during a search forbombs, vehicles, planes, evi-dence, or bodies.

This side-scan sonar equip-ment has greatly improved therecovery rate of drowning vic-tims in various Missouri water-ways. It also has enhanced theefforts of the scuba divers of theMissouri State Water PatrolUnderwater Recovery Team.Those personnel now candedicate their limited air andbottom time to potential targetslocated by the sophisticatedequipment. This technology hassuccessfully found victims inlarge search areas, even inincidents without a witness orwhen excited individuals didnot precisely note the locationof the drowning. The use of theside-scan sonar has resulted inthe recovery of victims thatotherwise may have remainedmissing without refloating tothe surface.

CONCLUSION

Law enforcement agenciesdeal with thousands of drown-ing investigations per year.Officers need to be aware of theunique nature of these incidents.Investigators should not assumethat an autopsy will establishcause of death; they need toascertain as much informationas possible at the scene. Then,they must provide these impor-tant details to the coroner.

The investigator’s role in adrowning investigation is cru-cial to a medical examiner inestablishing an accurate causeof death. The officer must treata drowning like any other death

investigation and help to makesure it is conducted thoroughlyand professionally. Then, the in-vestigator can have confidencein the proper determination ofcause of death and, if necessary,will be prepared to pursue theinvestigation further.

Endnotes1 The author based this approximate

figure on his professional experience and

research. For additional information, visit

the Web sites of the Centers for Disease

Control and Prevention, www.cdc.gov; the

National Safety Council, www.nsc.org;

and the National Transportation Safety

Board, www.ntsb.org.2 Dominick and Vincent DiMaio,

Forensic Pathology (Boca Raton, FL:

CRC Press, 1983).3 Ibid.4 Ibid.5 Bradley Stafford, “The Sinking and

Rising of Drowned Bodies” (unpublished

thesis, 1988).6 Robert Teather, The Underwater

Investigator (Fort Collins, CO: Concept

Systems, 1983); and Robert Teather, En-

cyclopedia of Underwater Investigations

(Flagstaff, AZ: Best Publishing, 1994).7 Supra note 5.8 Supra note 6.9 Supra note 6.10 Supra note 6.11 Charles Swanson, Neil Chamelin,

and Leonard Territo, Criminal Investiga-

tion (New York, NY: McGraw-Hill,

1996).12 Bernard Knight, The Coroner’s

Autopsy (London, England: Churchill

Livingstone, 1983).13 Supra note 6.14 Supra note 6.15 Supra note 6.16 Supra note 6.17 Supra note 6.18 Supra note 11.19 Supra note 2.20 Supra note 2.21 Supra note 6.

February 2006 / 23

ne Hispanic male, similarly described byvictims as being in his late 20s, is believed

Alert to Law Enforcement

Law enforcement agencies should bring thisinformation to the attention of all crime analysisand sexual assault/special victims units, as well asofficers investigating crimes against persons.Agencies with a similar case or any possible leadspertaining to this series should contact DetectiveJohn Savino of the Manhattan Special VictimsSquad, New York City Police Department, at212-694-3010; New Jersey State Police/ViCAPat 609-882-2000, ext. 2786; Crime Analyst Chris-tina Schaub, ViCAP, Quantico, Virginia, at 703-632-4174; or Crime Analyst Christine DePoyster,ViCAP, Quantico, Virginia, at 703-632-4170.

Oto be responsible for numerous sexual assaultsin the Newark-NewYork metropolitan areaof New Jersey and New York. The subject ap-proached his victims by surprise while they werewalking on the street or through parking areas. Thesubject forced the victims into a parked vehicle andsexually assaulted them. After the subject com-pleted each assault/abduction, he released the vic-tim, completely naked, in another city within thereferenced metropolitan area (in the majority ofcases).

Sexual Assault Series

ViCAP Alert

Four Sketches of the

Same Perpetrator


Bulletin Reports

The National Institute of Justice (NIJ) offers Hiring andKeeping Police Officers, the findings of a study that exam-ined the recent experiences of police agencies nationwide inhiring and retaining sworn officers. Researchers found thatwhile most departments grew in the 1990s as a result offederal funding and demands for service, 20 percent de-clined in size, most often because of fiscal or recruitmentproblems. Other findings indicated that agencies with fed-eral hiring funds kept the positions after the grants expired; 9 out of 10 recruits completed their training, although it istaking longer because of the growing complexity of policework; and many officers left theirdepartments after only a fewyears, often to work for anotherlaw enforcement agency. This re-port is available online at http://www.ojp.usdoj.gov/nij/pubs-sum/202289.htm or by calling theNational Criminal Justice Refer-ence Service at 800-851-3420.

Personnel

The Office for Victims of Crime (OVC) haspublished What You Can Do If You Are a Victim ofCrime. This brochure highlights victims’ rights,includes compensation and assistance programs,and lists national organizations that can help themfind information or obtain referrals. The resourcealso can be customized with local contact informa-tion, including nearby victim resources, and printedon standard 8 ½- by 11-inch paper. This brochure isavailable online at http://www.ovc.gov/publica-tions/factshts/whatyoucando/fs000301.pdf or bycontacting the National Criminal Justice ReferenceService at 800-851-3420.

Victims

The Bureau of Justice Statistics (BJS) released Suicide and Homicidein State Prisons and Local Jails, which describes historical trends in stateprison and local jail inmate mortality rates based on inmate death recordssubmitted by local jails (for 2000-2002) and state prisons (for 2001-2002).The report also compares current prison and jail mortality rates by demo-graphic characteristics, offense types, and facility size and jurisdiction andcompares the general population mortality rates with those in correctionalfacilities. Comparisons are made to both the raw mortality rates for thegeneral population and those standardized to match the demographicmakeup of the inmate populations. Highlights include the following: in2002, the suicide rate in local jails (47 per 100,000 inmates) was over three

times the rate in state prisons (14per 100,000 inmates); homiciderates were similar in local jails (3per 100,000) and state prisons(4 per 100,000); and violentoffenders in both local jails (92per 100,000) and state prisons(19 per 100,000) had suiciderates over twice as high as thoseof nonviolent offenders (31 and9 per 100,000 respectively).This report is available online athttp://www.ojp.usdoj.gov/bjs/abstract/shsplj.htm.

Corrections

The Office of Juvenile Justice and Delinquency Pre-vention (OJJDP) presents Statutory Rape Known to LawEnforcement. This bulletin draws on data from the FBI’sNational Incident-Based Reporting System to provide acomprehensive look at patterns of and responses toincidents of statutory rape. Based on an analysis ofreports from law enforcement agencies in 21 states forthe years 1996 through 2000, this report characterizesvictim and offender attributes and law enforcement’sresponses to these occurrences. This bulletin is avail-able online at http://www.ncjrs.gov/pdffiles1/ojjdp/208803.pdf or by contacting the National Criminal Jus-tice Reference Service at 800-851-3420.

Sexual Offenses

February 2006 / 25


ore so today thanperhaps at any timein this nation’sM

history, law enforcement offi-cers must be proactive wheninteracting with individuals inthe towns and communities inwhich they serve. Understand-ing the full depth of the toolsavailable to ferret out criminalactivity and to protect theirsafety, as well as the safety ofothers, is critical to law enforce-ment effectiveness. In the faceof this mandate, officers must

constrain their actions accordingto constitutional principles asinterpreted by America’s judi-cial system. Critical in the con-stitutional analysis is the valueafforded personal privacy. Thisarticle examines the recognitionof personal privacy in the con-text of a regular and potentiallyvaluable, as well as volatile, lawenforcement activity—stoppinga vehicle and developing prob-able cause to search it. Officersmust be mindful of the scope oftheir authority and the legal

tools within their arsenal. Thesetools may justify further govern-mental intrusions, includingintrusions into personal pri-vacy, when the officer’s initialresponse reveals additionalinformation.

The FourthAmendment

The Fourth Amendment tothe U.S. Constitution reads asfollows: “The right of thepeople to be secure in theirpersons, houses, papers and

© Mark C. Ide

ProtectingPersonal Privacy

Drawing the Line BetweenPeople and Containers

By MICHAEL J. BULZOMI, J.D.

Legal Digest

February 2006 / 27

effects, against unreasonablesearches and seizures, shall notbe vio-lated, and no Warrantsshall issue, but upon probablecause, supported by Oath oraffirmation, and particularlydescribing the place to besearched, and the persons orthings to be seized.”1 Theprivacy protected by the FourthAmendment has its origin in theAmerican colonists’ battleagainst British governmentpractices.2

These practices includedunauthorized general warrants,allowing a virtually unrestrictedhouse search for whateverevidence could be found ofinterest to the Crown. Suchtools provided British officersindiscriminate authority tosearch people’s homes andproperty. The framers of theConstitution responded to theseunreasonable intrusions withthe Fourth Amendment. Whilerelatively brief, the languagerepudiates the concept of ageneral warrant, requiring theexistence of probable cause anda particularized description ofthe things to seize and the placeto search.

The U.S. Supreme Court, ininterpreting the language of theFourth Amendment, engages ina balancing process, weighingthe interests of the governmentin engaging in a search versusthe interests of an individual’sprivacy. The practical impact ofthis balancing in traditional law

enforcement is the presumptionin favor of securing a warrantprior to engaging in conductthat would amount to a searchunder the Fourth Amendment.The Supreme Court has statedthat a warrantless search is “perse unreasonable subject to a fewspecifically established andwell-delineated exceptions.”3

The exceptions allow law en-forcement officers to bypassthe procedures of obtaining awarrant from a judicial officerwhen there is a determinationthat a significant governmentinterest in searching without awarrant outweighs the interestsof the individual. This signifi-cant government interest mayinclude, for example, the needto act to prevent the destructionof evidence or prevent the es-cape of a dangerous individual.

The Supreme Court recog-nizes the need for law enforce-ment to search in the face ofan emergency4 or incident to

arrest,5 following the lawfulseizure of property to inventoryits contents,6 based on thevoluntary consent of a partywho has authority over theproperty, and pursuant to themotor vehicle exception.7 Thisarticle focuses on the scope ofthe authority when engaged inthe stop of a vehicle and when,during this stop, information isdeveloped leading to a search.

The motor vehicle exceptionto the Fourth Amendment, firstrecognized by the SupremeCourt in Carroll v. United

States,8 permits an officer tosearch a vehicle without asearch warrant if there is prob-able cause to believe that evi-dence or contraband is in thevehicle. In Carroll, officers hadprobable cause to believe that avehicle contained contraband,in this case, hidden bootleg

“

”

…the search ofthe vehicle pursuantto the motor vehicleexception does not

automatically extend toa search of a person

within the motorvehicle.…

Special Agent Bulzomi is a legal instructor at the FBI Academy.

45928x.pmd 1/23/2006, 12:41 PM31

The MotorVehicle Exception


liquor. The officers searched thevehicle and found the bottles ofliquor within the upholstery ofthe seats. The occupants of thevehicle were subsequently ar-rested. The arrestees sought tohave the evidence suppressed,arguing that it was seized inviolation of the Fourth Amend-ment. The Supreme Court ruledthat the search was reasonableby recognizing that the FourthAmendment reasonablenessrequirement must recognize theneed to search a vehicle undersuch circumstances withoutrequiring officers to stop andproceed to a judicial officerbeforehand. The SupremeCourt, in creating the motorvehicle exception to the warrantrequirement, justified thisexception by recognizing thedifference between searches offixed premises and searches ofmotor vehicles, the latter ca-pable of being “quickly movedout of the locality or jurisdictionin which the warrant must besought.”9

Considering this mobility,the Court concluded that torequire officers to secure awarrant before searching avehicle would risk the loss ofevidence. The Court furthernoted that the expectation ofprivacy in vehicles is reducedbecause they are modes oftransportation, rather than astorage area for personal effects,and because they travel onpublic roads with occupants

and contents largely in view.10

Since Carroll, the SupremeCourt has decided cases withvarying circumstances thathave led to an expansion andclarification of the exception.11

Containers

Within the Vehicle

An area of uncertainty with-in the motor vehicle exceptionrelates to the discovery ofcontainers within the vehicle.In United States v. Ross,12 theSupreme Court ruled that awarrantless search of a closedpaper bag found inside a trunkof a vehicle by police officersacting on a tip from an infor-mant that the driver was inpossession of heroin was rea-sonable. The Court addressedthe scope of the search underthe exception and held thatprobable cause to search alawfully stopped vehicle em-powered the officers to search“every part of the vehicle and itscontents”13 that might contain

the item(s) for which the offi-cers have probable cause tosearch. Thus, if the containerwithin the vehicle could holdthe object of the search, officerswere authorized to search it.The Court in Ross explained,“[j]ust as probable cause tobelieve a stolen lawnmowermay be found in a garage willnot support a warrant to searchan upstairs bedroom, probablecause to believe that undocu-mented aliens are being trans-ported in a van will not justifya warrantless search of a suit-case.”14 The Court emphasizedthat the scope of the warrantlesssearch is no different than itwould be for a search donewith a warrant.

Similarly, in California v.Acevedo,15 police observed thedefendant place a bag contain-ing contraband into the trunk ofa vehicle. They subsequentlyopened the trunk and searchedthe bag. The defendant arguedthat the search was unreason-able as the probable cause wasfocused on the bag and it wasjust a coincidence that it wasplaced in the vehicle. Providinga bright-line principle to lawenforcement, the SupremeCourt held that where the pro-bable cause was focused wasnot important when determiningwhether the exception applies.However, as to the scope ofthe warrantless search, suchinformation may limit whereofficers may search. At the time

”

…the expectationof privacy in

vehicles is reducedbecause they are

modes oftransportation.…

“

February 2006 / 29

of the search in Acevedo, thepolice did not have probablecause to believe that contrabandwas hidden in any other part ofthe vehicle, and, thus, an entiresearch of it would have beenwithout probable cause and,therefore, unreasonable underthe Fourth Amendment.

Through these cases, theSupreme Court has carved outan exception to the warrant re-quirement that can be reducedto some basic guiding prin-ciples. First, police are able tosearch a motor vehicle withouta warrant if there is probablecause to believe that contrabandor evidence is contained therein.Second, the scope of the war-rantless search is no broader ornarrower than could be autho-rized by a search warrant. Third,containers within a vehicle maybe searched when it is reason-able to believe that the object ofthe search is likely to be withinthe container. Finally, the merefact that officers have probablecause to believe that a containerplaced in a vehicle containscontraband or evidence doesnot justify a search of theentire vehicle.

Despite the apparent clarityof this exception, not all sce-narios fit within the principals.This is the area in which per-sonal privacy plays a criticalrole. Questions remain as towhether officers are authorizedto search a container that is thepersonal property of a person

who happens to be inside thevehicle but for which the offi-cers have no information indi-cating that individual’s in-volvement in criminal activity.While not addressing thisissue directly, the SupremeCourt’s decision in Wyomingv. Houghton16 offers someguidance in clarifying the scopeof the motor vehicle exceptionas it relates to personal privacy.

In Houghton, the defendantwas traveling down a desertedhighway in a vehicle driven bya friend and accompanied byher friend’s girlfriend. At ap-proximately 2 a.m., a WyomingHighway Patrol officer stoppedthe vehicle for speeding andfaulty break lights. Houghtonand the others were all sittingin the front seat of the vehicle.Noting a syringe in the driver’sfront shirt pocket, the officerquestioned the driver regardingits use. The driver admitted tousing the syringe to take drugs.

In apparent response to thedriver’s conversation with theofficer, backup officers whohad just arrived at the sceneordered the two female passen-gers out of the vehicle andasked for identification. Theoriginal officer, believing thevehicle contained contraband,began a search of the passengerarea of the vehicle.

During the search, theofficer discovered a purse inthe back seat that Houghtonadmitted was hers. The officerlooked in the purse and founda black wallet-type containerand a brown pouch. The officersearched these items and founddrugs. The officer then arrestedHoughton. The defendantmoved to suppress the evidence,arguing that the officer lackedprobable cause to believe thather purse contained any evi-dence of wrongdoing. TheWyoming Supreme Courtagreed, holding that the officerlacked probable cause to believethat the container (purse) foundin the vehicle contained anyevidence of criminal activitygiven the officer knew it be-longed to the passenger as op-posed to the driver. The stateof Wyoming appealed thedecision to the U.S. SupremeCourt.17

The Supreme Court re-versed the state decision, hold-ing that once probable causeexists to search a vehicle,personal belongings found

© Mark C. Ide


”

…the scope of thewarrantless search

is no broader ornarrower than couldbe authorized by a

search warrant.

“

inside the vehicle may besearched as well without regardto a warrant or ownership, pro-vided it is reasonable to con-clude that the object of thesearch could be found withinthe belongings. However,recognizing the heightenedimportance of personal privacy,the Court warned that absentindependent justification, thesearch of the vehicle pursuantto the motor vehicle exceptiondoes not automatically extend toa search of a person within themotor vehicle or even a limitedsearch of a person’s outerclothing.18 Of course, thispresumes that no independentjustification exists to supportan intrusion into the personalprivacy of the individual, suchas specific and articulable factsindicating the individual maybe armed supporting a limitedsearch of the person’s outerclothing. Even then, the Su-preme Court, referring to itslandmark ruling in Terry v.Ohio,19 noted “[e]ven a limitedsearch of the outer clothing…constitutes a severe, thoughbrief, intrusion upon cherishedpersonal security, and it mustsurely be an annoying, frighten-ing, and perhaps humiliatingexperience.”20

Personal Privacy

The Fourth Amendmentallows officers to take actionwhen concerned with theirsafety or where necessary toprevent the destruction of

evidence while still maintainingthe sanctity of personal privacy.The importance of personalprivacy was recognized in a1948 Supreme Court case,United States v. Di Re.21 In thiscase, the Supreme Court fo-cused on the importance of per-sonal privacy and opined thateven if officers have probablecause to search a vehicle, itdoes not necessarily extend toa search of the person within

the vehicle. The Court statedthat it was “not convinced thata person, by mere presence in asuspected car, loses immunitiesfrom search of his person towhich he would otherwise beentitled.”22

The weight given personalprivacy also was recognizedin Ybarra v. Illinois,23 a caseinvolving the execution of asearch warrant at a publictavern. The warrant authorizedthe search of the tavern and theperson of the bartender for evi-dence relating to the possessionof narcotics. During the search,

officers encountered Ybarra, apatron of the tavern. Ybarra wasinitially confronted and patteddown. Officers returned to him,patted him down a second time,and removed a cigarette packthat was found to contain foilpackets full of heroin. TheSupreme Court ruled that thesecond pat down and the re-trieval of the cigarette packviolated the Fourth Amendmentas the search of Ybarra was notwithin the scope of the warrantand no independent groundsjustified this intrusion. Giventhe similarity in the parametersof the scope of the search of avehicle under the motor vehicleexception and a search pursuantto a search warrant, law en-forcement must be able torecognize and justify intrusionsinto personal privacy based onthe uniqueness of the situationas opposed to relying on whatinitially justified the searchbut may not justify the searchof a person.

Conclusion

American society haschanged dramatically sincethese early decisions of theSupreme Court. However,despite these dramatic changes,a common thread tying the pastwith the present has been theimportance of personal privacywithin the Fourth Amendment.The Supreme Court’s opinionsindicate a sensitivity on itspart to the difficult nature ofpolice work and the great risks

February 2006 / 31

T he FBI Law Enforcement Bulle-tin staff invites you to communi-

© Digital Vision

cate with us via e-mail. Our Internetaddress is [email protected].

We would like to know yourthoughts on contemporary law en-forcement issues. We welcome yourcomments, questions, and suggestionsabout the magazine. Please includeyour name, title, and agency on alle-mail messages.

Also, the Bulletin is available forviewing or downloading on a numberof computer services, as well as theFBI’s home page. The home pageaddress is http://www.fbi.gov.

The Bulletin’sE-mail Address

routinely confronting law en-forcement. Recognizing thesetwo principles, law enforcementofficers who are sworn to up-hold and defend the Constitu-tion must understand and dis-cern the limitations imposed ontheir authority to respect therights guaranteed to people.

Endnotes1 U.S. CONST. Amend. IV.2 See Tracey Maclin, The Complexity

of the Fourth Amendment: A Historical

Review, 77 B.U.L. Rev. 925-926, 945

(1997).3 Katz v. U.S., 389 U.S. 347 (1967).4 Schmerber v. California, 384 U.S.

757 (1966); Terry v. Ohio, 392 U.S. 1

(1968).

5 U.S. v. Robinson, 414 U.S. 218

(1973); U.S. v. Edwards, 415 U.S. 800

(1974); Maryland v. Buie, 494 U.S. 325

(1990).6 South Dakota v. Opperman, 428

U.S. 362 (1976); Florida v. Wells, 495

U.S. 1 (1990).7 See U.S. v. Matlock, 415 U.S. 164

(1974).8 267 U.S. 132 (1925).9 Id. at 153.10 Cardwell v. Lewis, 417 U.S. 583

(1974).11 See U.S. v. Johns, 469 U.S. 478

(1985); Michigan v. Thomas, 458 U.S. 259

(1982); Florida v. Meyers, 466 U.S. 380

(1984); Pennsylvania v. Labron, 116 S.Ct.

2485 (1996).12 456 U.S. 798 (1982).13 Id. at 825.14 Id. at 824.15 500 U.S. 565 (1991).16 526 U.S. 295 (1999).

17 956 P.2d 363 (Houghton v. State).18 526 U.S. at 3080. Moreover, Justice

Breyer stated in his concurring opinion

that he would be inclined to give increased

protection to a purse if the owner was

wearing the purse at the time of the

search.19 392 U.S. 1 (1968).20 Houghton at 303, quoting Terry v.

Ohio at 392 U.S. 1 at 24-25.21 332 U.S. 581 (1948).22 Id. at 587.23 444 U.S. 85 (1977).

Law enforcement officers of other thanfederal jurisdiction who are interestedin this article should consult their legaladvisors. Some police proceduresruled permissible under federalconstitutional law are of questionablelegality under state law or are notpermitted at all.


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Law enforcement officers are challenged daily in the performance of their duties; they face each

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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.

Sergeant Citta Officer Fitzgerald

Early one morning while on patrol, Sergeant JamesCitta and Officer Dan Fitzgerald of the Seaside Park,New Jersey, Police Department noticed flames emerg-ing from a second-floor bedroom window of a resi-dence. They also observed the living room televisionplaying and a vehicle in the driveway. After no oneanswered the locked door, both officers disregardedtheir own safety and forcibly entered the burning build-ing. Once inside the smoke-filled house, they called outto and searched for anyone present. The officers hearda voice and located a man at the top of the stairs; he was

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Officer Lettieri

Officer Donald Lettieri of the Suffolk County, New York, Police De-partment was on duty in the Fire Island community, which is physicallyseparated from Long Island and regular patrol and backup units. From theroadway, he noticed heavy smoke emanating from a residence and saw firethrough one of the windows. Quickly, he forced his way inside, discovereda woman sleeping in a rear bedroom, and helped her to safety. Then, OfficerLettieri reentered and extinguished the blaze. Both he and the victimrequired medical attention. The heroic actions of Officer Lettieri preventedthis woman’s death.

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