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June 2012

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in this issue . . .

 

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 By  John Reid & Associates

Imagine what it would be like to make everyday decisions without caring how your choices affected others and to live each day with the only goal being to elevate your insatiable self-worth.* When telling lies or engaging in criminal activity you experience no guilt or remorse and you have such confidence in your ability to escape punishment that you lie at will; in fact, engaging in illegal behavior, and the thrill of getting away with it, becomes a driving force in your life allowing you to express superiority over others: Welcome to the mind of the primary psychopath.

Fortunately, less than one percent of the population is diagnosed as a primary psychopath.* The predominant traits that characterize this psychological disorder include lack of remorse or guilt, poor behavioral control, need for emotional stimulation,* irresponsibility, shallow affect, failure to learn from experience, and involvement in anti-social behavior, including frequent lying. Primary psychopaths are usually diagnosed in their twenties, tend to be male and have a higher than average IQ.** They experience a psychological burn-out by mid-life after which they are likely to be nonproductive members of society (incarcerated, drug addicts, recluses).

Statistically, an investigator is much more likely to encounter a secondary psychopath.* These are individuals who possess some psychopathic traits in combination with symptoms from other personality disorders or mental illness.* About fifty percent of the prison population is diagnosed as having some psychopathic traits.

Identifying the psychopath

An investigator is generally not concerned with exactly what mental illness a suspect suffers from, but rather how to recognize fundamental symptoms of a disorder and how to effectively deal with the suspect.* A suspect with psychopathic tendencies will exhibit several of the following behaviors:

1.* Glibness / superficial charm e.g., unconcerned attitude, overly polite, inappropriate levity

2.* Irresponsibility e.g., failure to meet financial obligations, failure to keep appointments, not following through on promises

3.* Reckless disregard of other's safety or feelings / lack of empathy e.g., irrationally shooting a customer during a robbery, purposefully aiming a car toward an animal trying to cross the road

4.* Pervasive engagement in anti-social behavior, e.g., lying, cheating, theft, fraud

5.* Impulsive behaviors, e.g., promiscuous sexual behavior, spontaneous crimes

6.* Feelings of entitlement, e.g., strive for positions of authority and power, expectation of special treatment (or claims of unfair treatment)

There are a number of key behaviors that may indicate a suspect has psychopathic tendencies.* The first is the suspect who, upon meeting the investigator, exhibits no fear or anxiety.* Rather, the suspect appears to almost enjoy the challenge of answering questions and does not present any outward symptoms of anxiety or guilt even when caught making an inconsistent or false statement.*

The suspect may engage in testing behavior shortly after meeting the investigator.* This concept comes from con men who would stage certain scenarios to test the gullibility of a potential victim.* Examples of testing behavior may include asking the investigator for a business card, to draw a map showing the best route to the freeway, or simply for the current time.* By engaging in this preemptive behavior, the suspect gains a sense of control during the interview.

Finally, it is not uncommon for psychopaths to falsify their credentials and even impersonate others.* When psychopathy is suspected, the investigator should question the suspect about his background, education, professional licenses and certification.* It may be productive to ask the suspect, "Have you ever pretended to be someone else, where you posed as another person?"

Interviewing The Psychopath   ***********

Because of the psychopath's high level of self confidence, he often believes that he does not need an attorney.* A psychopath is likely to waive his Miranda rights and agree to be interviewed.* During the interview he is easily engaged and appears to be helpful and cooperative.* In reality this "cooperative facade" allows the psychopath to manipulate the investigator with the intent to convince the investigator of his innocence.

The challenge in interviewing a psychopath is that, depending on the degree of psychopathy, the suspect may exhibit minimal behavior symptoms of deception when lying.* This includes the lack of specific nonverbal or paralinguistic behaviors reflecting anxiety, guilt, fear or low confidence.* Similarly, on the verbal level, the psychopath may not reduce anxiety by using memory qualifiers e.g., "to the best of my knowledge."*

In fact, psychopaths often tell bold lies that invite a challenge, e.g.,** "I had nothing to do with this whatsoever.* Iill give you my fingerprints because I know you won't find them at the crime scene."* Later, the investigator finds the suspect's fingerprints all over the crime scene.* Needless to say, when a suspect exhibits psychopathic traits the investigator should not take anything the suspect says at face value.* Rather, the investigator should carefully document the suspects alleged credentials or alibi, obtain exemplars, get blood sample, take fingerprints etc. and check everything out.

The psychopathis weakness is within his attitudes.* During an interview he will come across as unconcerned (inappropriate levity, express leniency toward the guilty party), offer unrealistic assessments of the crime, and express insincere emotions.* The predominant feature is the absence of anxiety or concern that is typically observed from innocent suspects.* Moreover, because psychopaths engage in spontaneous behavior, often there is clear evidence that places them at the crime scene or with the victim.* Of course, when confronted with the evidence, the suspect will have an explanation for the evidence and protest his innocence with a great deal of conviction.

Interrogating the Psychopath

Hard-wired within the psychopathis affected personality is a very high index of suspicion; psychopaths are incapable of fully trusting another human being and believe that everyone only acts in their own best interests.* Consequently, if the investigator attempts to come across as someone who understands the suspects' situation and can sympathize with the suspectis reasons for committing the crime, the investigator will lose credibility.*

Rather, the investigator should use a factual approach to the interrogation.* The investigators' statements should focus on evidence and attacking the suspect's credibility.* The investigator's demeanor should be professional, emotionally detached and confident.* It is rare for a primary psychopath to fully confess his crime.* More often, he will make incriminating statements and ultimately accept a plea bargain from the prosecutor n the psychopath will not fully admit wrong-doing, but may acknowledge that it is in his best interest to plead guilty.

In conclusion, investigators must guard against labeling every suspect who commits a despicable crime or who frequently lies as a psychopath.* While it is true that many people who commit crimes have psychopathic tendencies, certainly not all criminals are primary psychopaths.* Psychopathy occurs on a wide continuum.* Consequently, rather than asking, "Is this suspect a psychopath?" the investigator may be better off asking, " To what extent does this suspect exhibit psychopathic tendencies?"*

The more psychopathic tendencies a suspect exhibits, the less weight should be placed on specific behavior symptoms of truth or deception during the interview.* In fact, the focus of the interview should be to obtain detailed information, about the suspects' alibi, relationship with the victim, financial situation etc., and that information should be verified (or refuted).* The psychopath's guilt is usually revealed by detecting not one big lie, but several little ones.* Also, the interrogation approach should appeal less to the suspectis emotions and more to logic and intellectual arguments.

 

Credit and Permission Statement: This Investigator Tip was developed by John E. Reid and Associates Inc. Permission is hereby granted to those who wish to share or copy the article. For additional 'tips' visit www.reid.com; select 'Educational Information' and 'Investigator Tip'. Inquiries regarding Investigator Tips should be directed to Janet Finnerty johnreid@htc.net. For more information regarding Reid seminars and training products, contact John E. Reid and Associates, Inc. at 800-255-5747 or www.reid.com

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by StreetCrimes.com

Question:

 I’ve recently been assigned to a narcotics unit after several years on patrol. My new assignment will require me to conduct surveillance on drug dealer and dope houses. Can you give me any advice so I don’t get made?

-Joe Lawler

Answer:

Surveillance is a really basic investigative tool that can be used in many different types of investigations. Simply put, it is to observe a location, or follow someone without being seen.  I’ve always been interested in learning how the bad guys operate and the best way to find out is by asking them. What I’ve learned in 25 years of interviewing criminals is that the follow represents the top ten things criminals do to detect police presence:

  1. Stopping suddenly after making a turn.
  2. Driving down dead- end streets or pulling into a driveway.
  3. Driving very fast for a while then driving very slowly.
  4. Frequently pulling over and parking.
  5. Timing traffic lights so you catch a red.
  6. Making U-turns.
  7. Cutting through parking lots.
  8. Leaving their residence and returning right away.
  9. Having people follow them.
  10. Going into a store then watching out a window.

Whenever you observe a suspect doing any of the maneuvers above, there is a strong chance they are able to smoke out anyone who is following them. The most common surveillance mistake officers make is that they either set up too close to a suspect they are tailing. Dope dealers are not only looking for the police, but also for other bad guys trying to rip them off. A simple rule to follow is that if you can see the bad guy easily, he can see you! So get yourself a good set of binoculars and stay back.

 Question:

            I’m currently assigned to a tactical squad that executes search warrants on a regular basis. We have encountered several vicious dogs recently on some of our warrants.  Do you have any advice on how to eliminate the threat without destroying the dog?

-Bob Fortier

 Answer:

           I’ve been on search warrants where dogs have been shot several times and they still keep coming.  Shooting any animal should be done only in extreme circumstances, because bullets ricochet and you might wind up hitting another cop or a civilian with an errant round.

           Pepper spray usually works. But you run the risk of having the spray blow back of you or other officers.  I would recommend that you carry a can of wasp spray that you can purchase at most stores. The spray shoots out a chemical quite a distance and will not permanently injure the dog.  Another option I can suggest is to use a fire extinguisher, the type that shoots out a white chemical powder and makes a whooshing sound.  Most dogs will turn tail and run.     

I want to thank (Ret.) Sgt. Dennis Reagan, Phoenix P.D., for the call and information on controlling vicious dogs.  Sgt. Reagan shared a good tip on controlling vicious dogs on search warrants.  He suggested using road flares as a useful tool in fending off pit bulls and other aggressive dogs you may encounter.  These flares burn at an extremely hot temperature and if a dog is that vicious, one taste of that flare will be all that it takes.  Thanks Sarge.  My goal is to provide working cops with useful information.  Your valuable insight is greatly appreciated.

Patrick McCarthy spent 25years with the nation’s second largest police department, the Chicago P.D.  He has participated in thousands of surveillances, stakeouts, and undercover ops. His background and work experience qualify him as an expert in many types of investigations, including undercover assignments, sting operations, gang and organized crime, and drugs. He has lectured on gang and organized crime issues throughout the US, Canada, and China.  Pat also created the three-day Street Crimes Program, which is sponsored by John E. Reid and Associates in over 100 cities a year.  In addition, Pat developed the Street Cop Video Training Series to give working police officers street tested information.  For more information on the Street Crimes Program or the Street Cop Video Training Series visit www.streetcop.com or call 800-275-4915.

 

 

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Reprinted from the Virginia Center for Policing Innovation

VCPI in partnership with the Virginia Institute of Forensic Science and Medicine just completed its fourth Cold Case Analysis Training for Law Enforcement and Prosecutors. The national training, funded by NIJ, has been a huge success! Participants have consistently voiced immense value associated not only with the training but with the opportunity to network with those involved in cold case investigations from around the nation. As Detective Janet McCarthy of the Chicago Police Department (CPD) stated, “The mere fact that a bunch of detectives acknowledged that they were thoroughly engrossed in the case histories of other detectives is a sheer sign of success!”

Detective McCarthy also took the time to share some tips their Cold Case unit utilizes with VCPI. Recognizing that this is an example of the kind of communication and insight that has been shared at these trainings we wanted to pass them on to benefit our readers.

Set up a Cold Case website on your department’s website:

Chicago has thousands of old, open homicides. When we speak with the families we always ask them to provide a photo of their loved one for our site. In many cases, it may be the only thing we can do for them because the case has nowhere else to go. But it at least provides some satisfaction for the families to know that something is being done.

Because Chicago has so many open cases, we obviously can’t review every single one. The website generates calls from people who may be making inquiries about cases they remember from years gone by or maybe happened in their neighborhood when they were growing up. Once we get a call, we’ll order the reports and take a look at it. It helps prioritize the cases and we’ve had some very good luck with these calls. Additionally, the website accepts anonymous tips and clues.

Communicate with retired detectives:

Most of the five detective areas in the Chicago Police Department keep current home and e-mail addresses for their retired detectives for communication purposes. See if such a list exists in your department and send out letters asking them if there were any cases that “got away” from them.

Check genealogy websites:

It’s amazing how much information you can get from them. We’re still looking for an offender on a 1965 homicide in which he shot his wife to death with a shotgun in the parking lot of a local grocery store. An arrest warrant was issued at the time and the offender should now be in his 90s. At this point we are assuming he is deceased. If we could get his death certificate, we would be able to close the case. However, after the murder he disappeared.

The original detectives worked for years trying to locate this subject but to no avail. Since the inception of the Cold Case Unit, we’ve had the FBI, IRS, Social Security, etc. check their records using the information available from the original file, again with no luck. I happened to run the subject’s name through a couple genealogy sites I utilized for my own research and just about fell off the chair when his family’s entire family tree popped up, going back to the beginning of the 20th century!! Granted, the subject had a name that wasn’t too common but the information provided us with names of his brothers and sisters, some of whom had never been interviewed only because no one knew they existed. Family members were somewhat surprised when detectives showed up on their doorstep over forty years later!! In fact, during an interview with one of the nephews, Cold Case detectives learned that another brother had also killed his wife during the early 1950s!! This murder never came out in the original investigation.

I would love to tell you that we had a happy ending to this case but, unfortunately, even after all this new information was learned and interviews with newly-located family members were conducted, we still have been unable to determine if the subject is dead. But it just goes to show what kind of information is available out there.

Use “Google” or another search engine:

A lot of information can be discovered by just typing the victim’s name into one of the search engines. In many cases, families have set up their own websites or the victim’s name may appear on another “cold case” website. We have found that there are a lot of “want-to-be detectives” out there who have websites and/or books dedicated to their “investigations”.

 

One of my favorite sites is http://www.coldcasecenter.com/. It provides recent news articles from all over the country regarding cases, new procedures, etc.

 

Establish a “Cold Case History Book”:

One of the most important things we sometimes have a problem locating is “information”. And by “information” I mean “information about paperwork” within the CPD itself. Locating reports, photos, evidence, etc. can be an exercise in futility. With every retirement, we lose knowledge of “how things were done back then”. So every time we talk to “the old-timers”, we make sure we document how/why this was done, what that “code” meant, how to find reports before there were “report” numbers, etc.

As an example, in several cases from the early 1960s, prior to the establishment of an official “case report”, a lot of the investigations were typed on yellow paper in a “memo” style report. But as we reviewed several of these cases, we found that there were a lot of reports where blank lines were drawn between words and paragraphs. I happened to be speaking to a retired friend of mine who was a young civilian secretary for the CPD in the early 60s and learned that there was a period of time where detectives would dictate their reports via the phone or dictaphones and the secretaries would transcribe them. The “blank areas” were parts of the report that the secretary couldn’t understand!

As we ran into more and more incidents like this, we decided that we had to document the information so that when our Cold Case detectives are “old timers”, the historical information can be passed along.

If you have tips regarding successful resolution of cold cases please share them with us at tcarey@vcpionline.org.

Additional Resources:

Case Review - Establish Priorities

http://www.dna.gov/uses/cold_cases/identifying_analyzing_prioritizing/priorities

The article provides an outline on how to evaluate and prioritize cold cases to best utilize available resources. Sample checklist provided.

Cold Hits

http://www.dna.gov/audiences/officers_court/policy_prosecutor/suspectless/coldhits

The article provides protocols to evidence preservation and DNAsampling to use in a computer database to match DNAto link suspects to cold case files.

How Cold Case Squads Work

http://www.ncjrs.gov/html/bja/coldcasesquads/index.html

From the Bureau of Justice Assistance, this website outlines the workings of a cold case squad, resources for developing a cold case squad and links to resources to augment the functionality of a cold case squad.

Implementing a Cold Case Homicide Unit: A Challenging Task

http://www.fbi.gov/publications/leb/2005/feb05leb.pdf

The article provides insight into the budgetary constraints of running a cold case unit and the resolve of the district attorney to prosecute after a successful investigation.

National Center for the Analysis of Violent Crime

http://www.fbi.gov/hq/isd/cirg/ncavc.htm

The NCAVC uses FBI resources to help state and local law enforcement agencies solve violent crimes and cold cases.

National Center for Missing and Exploited Children

www.missingkids.com

NCMEC offers law enforcement powerful resources, free of charge, to help investigate cases of missing and sexually exploited children.

National Forensic Science Technology Center

http://www.nfstc.org/programs/index.htm

This NIJ-funded center provides links to cold case training and assessment programs to assist cold case units.

National Law Enforcement and Corrections Technology Center

http://www.nlectc.org/justnet.html

NIJ Office of Science and Technology-funded program, whose website contains links to training assistance, testing and evaluation, and technology assistance for cold case programs.

National Missing and Unidentified Persons System

www.namus.gov

NamUs is a clearinghouse for missing persons and unidentified decedent records.

NIJ Special Report: Using DNA to Solve Cold Cases

http://www.ncjrs.gov/pdffiles1/nij/194197.pdf

The document presents an overview of using DNA and DNA databases to aid in solving cold cases.
 

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REASONABLE SUSPICION, HIGH CRIME AREAS AND A SUSPECT'S FLIGHT

United States v. Jones

May 2012

Reprinted from PATC

by Brian S. Batterton, Attorney

On March 7, 2012, the Sixth Circuit Court of Appeals decided the United States v. Jones [i] which serves as an excellent review of the law related to seizures of persons and factors that amount to reasonable suspicion to detain a person. The facts of Jones are as follows:

Memphis Police Officer Robert Strickland was on patrol on Latham Street in Memphis, Tennessee, an area known for extensive drug trafficking and violent crimes. He observed a group of men in front of an apartment house, and two males standing apart from the group. The two males appeared to be engaging in a hand-to-hand transaction. Officer Strickland had observed more than 200 hand-to-hand drug transactions in his nine years as a Memphis police officer, and he grew suspicious the men were exchanging cash for drugs. Strickland stopped and exited his car to investigate. Defendant immediately began running away "like a sprinter." Strickland called to Defendant to stop several times, but Defendant kept running. Officer Strickland gave chase, and observed Defendant drop a brown paper bag and other unidentifiable items. After chasing Defendant approximately 200 yards, Strickland caught up to him in an alley. Strickland pushed Defendant down and handcuffed him. As he was doing so, Strickland noticed Defendant's pants had fallen down and his belt was unfastened.

Two other officers soon arrived in response to Strickland's call for backup. One officer retraced Defendant's flight path to search for dropped items. He found an ammunition holder containing twenty-five rounds, an ammunition pouch, a holster, and a loaded .38 caliber revolver. Officer Strickland also found a brown paper bag containing a cold, open beer near where he observed Defendant drop a brown paper bag. The officers read Defendant his Miranda rights, and he admitted to possessing the firearm. [ii]

Jones later filed a motion to suppress and argued, among other things, that the officer lacked reasonable suspicion to detain him. The district court denied the motion and he entered a plea with the right appeal the denial of the motion.

On appeal, Jones first argued that the police officer “had no particularized and objective basis for suspecting that he was committing or had committed a criminal offense” when the officer initiated the stop.

At the outset the court noted:

We have identified three types of police-citizen encounters: "(1) the consensual encounter, which may be initiated without any objective level of suspicion; (2) the investigative detention, which, if non-consensual, must be supported by a reasonable, articulable suspicion of criminal activity; and (3) the arrest, valid only if supported by probable cause." United States v. Smith, 594 F.3d 530, 535 (6th Cir. 2010) (quoting United States v. Waldon, 206 F.3d 597, 602 (6th Cir. 2000)). [iii]

Here, Jones acknowledged that he was subject to an investigative detention, rather than an arrest. However, he argues that the officer lacked sufficient reasonable suspicion to detain him. As such, the Sixth Circuit stated that it must first determine when the detention actually occurred.

It should be noted that, according to the Fourth Amendment, an investigative detention is a “seizure” of a person. The United States Supreme Court has stated that:

A person is seized within the Fourth Amendment's meaning when an officer "by means of physical force or show of authority, terminates or restrains his freedom of movement through means intentionally applied." Brendlin v. California, 551 U.S. 249, 254, 127 S. Ct. 2400, 168 L. Ed. 2d 132 (2007). [iv]

The Sixth Circuit further recognized that:

The Supreme Court has held police pursuit is not a seizure until the suspect actually stops. California v. Hodari D., 499 U.S. 621, 629, 111 S. Ct. 1547, 113 L. Ed. 2d 690 (1991). In Hodari D., the Court said the term "seizure" "does not remotely apply . . . to the prospect of a policeman yelling 'Stop, in the name of the law!' at a fleeing form that continues to flee." Id. at 626. [v]

In light of the rules set forth by the Supreme Court, the Sixth Circuit held that Jones was not seized until the officer physically restrained him since he did not obey the officer’s commands to stop.

Next, the Sixth Circuit had to determine whether the officer had sufficient reasonable suspicion to detain Jones at the time he actually seized Jones. The court first stated:

An officer may conduct an investigative stop only if he has "reasonable, articulable suspicion that the person has been, is, or is about to be engaged in criminal activity." United States v. Place, 462 U.S. 696, 702, 103 S. Ct. 2637, 77 L. Ed. 2d 110 (1983). [vi]

The court then stated that there were four specific facts on which the officer relied in articulating the reasonable suspicion for Jones’ stop. One, Jones was in a high crime area known for drug activity. Two, the officer saw Jones and another man engage in an apparent hand-to-hand drug transaction. Three, Jones ran from the officer when he exited his police car. Four, Jones discarded items as he was fleeing.

In making a determination of whether the above four facts support a finding of reasonable suspicion the court examined the United States Supreme Court case of Illinois v. Wardlow. [vii] The court noted that although the Supreme Court stated that presence in a high crime area, “standing alone” does not create reasonable suspicion of criminal activity, it is still a relevant factor that officers can consider when making a decision regarding reasonable suspicion. As such, the officer in Jones, was permitted to validly consider this as one relevant factor.

Continuing with the analysis of Wardlow, the Sixth Circuit next stated:

In Wardlow, the Supreme Court held officers had reasonable suspicion of criminal activity based solely on presence in a high-crime area combined with "headlong flight" from police. Wardlow, 528 U.S. at 124. [viii]

As such, the court held that Jones presence in the high crime area, plus his flight from the officer amounted to sufficient reasonable suspicion to justify Jones’ detention.

However, the court noted that Officer Strickland also had two additional facts that further strengthened his reasonable suspicion. The first additional fact was that the officer observed Jones conduct an apparent hand-to-hand drug transaction. The court cited the Sixth Circuit case of the United States v. Paulette [ix] and stated:

In Paulette, we said, "[T]he officers had a reasonable suspicion that Paulette was engaged in criminal activity based upon his hand movements consistent with drug-dealing activity, efforts to evade the police upon noticing them, and presence in a high crime area." [x]

The second additional fact was that Jones was discarding items as he fled. The court stated:

[Officer] Strickland observed Defendant discard several items as he fled. Strickland could reasonably believe Defendant was attempting to rid himself of contraband, even if Strickland could not immediately identify the items. Two other circuits have concluded a suspect's action in dropping an unidentified object contributes to reasonable suspicion. United States v. Carter, 360 F.3d 1235, 1240 (10th Cir. 2004) (suspect dropped something while talking to officers); United States v. Dupree, 202 F.3d 1046, 1049 (8th Cir. 2000) (suspect dropped small object off a bridge before talking to police). [xi]

As such, the Sixth Circuit held that Officer Strickland had “ample reasonable suspicion” that Jones was engaged in criminal activity at the time he seized him.

Thus, the court affirmed the denial of the motion to suppress.

_____________________

Note: Court holdings can vary significantly between jurisdictions. As such, it is advisable to seek the advice of a local prosecutor or legal adviser regarding questions on specific cases. This article is not intended to constitute legal advice on a specific case.

_____________________

CITATIONS:

[i] 2012 U.S. App. LEXIS 4700 (6th Cir. Decided March 7, 2012)

[ii] Id. at 2-3

[iii] Id. at 6

[iv] Id.

[v] Id. at 7

[vi] Id. at 8

[vii] 528 U.S. 119 (2000)

[viii] Jones at 9

[ix] 457 F.3d 601, 606 (6th Cir. 2006)

[x] Id. at 9-10

[xi] Id. at 10

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