FBI Law Enforcement August 2011

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August 2011

DigitalEvidence



1

14

25

Departments

ISSN 0014-5688 USPS 383-310

Features

United StatesDepartment of Justice

Federal Bureau of InvestigationWashington, DC 20535-0001

Robert S. Mueller IIIDirector

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endorsement by the FBI for any policy,program, or service.

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The FBI Law Enforcement Bulletin (ISSN-0014-5688) is publishedmonthly by the Federal Bureau ofInvestigation, 935 PennsylvaniaAvenue, N.W., Washington, D.C.

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August 2011Volume 80Number 8

Investigators can employ various tools and methods to identify suspicious

fi nancial transactions.

Agencies must use up-to-date procedures to fully capitalize on digital evidence.

Law enforcement managers should know what the ADAAAdid and did not change.

Analysis of Digital

Financial DataBy Robert L. Kardell

Digital EvidenceBy Stuart Cameron

Americans with Disabilities

Amendments Act of 2008By Lisa A. Baker

20 Notable Speech

What Does It Take to Excel?

23 Bulletin Honors

St. Charles, Missouri

24 Leadership Spotlight Leadership Legacies

8 Crimes Against

Children SpotlightChild Abductions

10 Police PracticeBuilding an Effective

Property Room



August 2011 / 1

Over the past 15 to 20years, the amount of digital financial data

that investigators receive inresponse to subpoenas, seizeduring the execution of a searchwarrant, or collect during anarrest has risen dramatically.

Financial data quickly canoverwhelm investigators as thenumber of transactions may runinto the thousands for individu-als or even into the millions for

businesses. Culling through thedata and identifying relevanttransactions can become adaunting task, especially for lawenforcement professionals in-vestigating allegations of fraudon an unfamiliar proprietarybookkeeping system.

Fraud investigators insideand outside the governmenthave developed methodsto quickly identify suspi-cious financial transactions.

Determining the most usefultechniques for a particularinvestigation depends on twofactors: the amount and type of data received. Based on thesetwo characteristics, the rangeof successful techniques willdiffer for each case. The author

reviews some of the tools andmethods an investigator can useto conduct investigative analysisand identify suspicious financialtransactions.1

Analysis of Digital Financial Data By ROBERT L. KARDELL, M.B.A., J.D.

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2 / FBI Law Enforcement Bulletin

DIGITAL ANALYSISTOOLS

While many computers

come equipped with standardof fice software, numerous com-mercial products allow investi-gators to analyze financial datawith the techniques presentedbelow. Each has limitations of some sort, either with price orusability, but, ultimately, thechoice depends on the user’spreferences and knowledge.

Spreadsheets

The most commonmethod to cull through dataand identify suspicious trans-actions is to load data intospreadsheet programs, forwhich numerous commercialproducts exist. Legacy versionsof popular commercial softwarewere limited to approximately65,000 rows of data for eachspreadsheet in a workbook, but

the newest versions can handlemany more rows of data. In thepast, for data sets with more

than 65,000 rows of data, inves-tigators had to split the informa-tion into multiple sheets or enterit into a database. Althoughdatabases certainly can conductmore complex and faster analy-sis than spreadsheets, the sametechniques can yield equallyeffective results in either typeof program.

Databases

Working with databasesmay prove much more com-plicated than working withspreadsheets. However, usingdatabases also can be extremelyfast, even with large data sets.Many reasonably priced or freeservers exist, and these systemsprovide a solution for investiga-tors who have a large data setor multiple users who need to

access it simultaneously. Eachsystem can process several mil-lion rows of transactions and

other data.Hybrid Applications

Some applications used foraccounting/forensic analysiscombine aspects of databaseand spreadsheet programs. Onesuch commercial hybrid appli-cation, though originally de-signed for financial audits, canconduct accounting/forensic orfraud analysis very ef ficiently.

The application fuses charac-teristics of a spreadsheet and adatabase; its format resembles aspreadsheet, but it can handle anamount of data comparable to adatabase. It can create, import,edit, and even link multiple datatables to each other. Subsetsof tables easily can be createdfrom the results of searches andqueries. The program comeswith a number of built-in

formulae to assist with analy-sis, and it can process uniquescripting language to automateroutine analytical tasks.

METHODS TOIDENTIFY UNUSUALTRANSACTIONS

Data Assessment andTechnique Identification

To identify unusual transac-

tions, investigators should beginby reviewing all of the data andthe transaction records that theypossess because the character-istics of the data completely

“

” Special Agent Kardell, a certi fi ed public accountant, serves in the Terrorist Financing Operations Section, FBI’s Counterterrorism Division.

While many computers come

equipped with standard of fi ce software, numerous

commercial products allow investigators to analyze fi nancial

data….



August 2011 / 3

determine the analyses thatinvestigators can perform. First,investigators should brain-

storm potential clues and otherinsights that they might gleanfrom each of the data fields.

In one case, for example,investigators wanted to examinea company’s personnel recordsfor fictitious employees. Ficti-tious employees provide a greattactic for fraudsters or com-panies to hide embezzlement,payments to foreign of ficials,or otherwise nonreimbursable

expenses.The company provided

investigators a list of its em-ployees’ social security numbers(SSNs). Initially, however, theinvestigators did not see howthey could analyze SSNs aloneto expose any potentially ficti-tious employees. After research-ing the issue, discussing it withothers, and reviewing possible

fraud techniques, the team de-veloped a method to determineif any of the SSNs were invalidor previously assigned. TheSocial Security Administration(SSA) provides guides to assessthe validity of SSNs, as wellas access to the Master DeathIndex to determine if a numberbelongs to a now-deceasedindividual. Using these tools,investigators discovered that

many of the alleged employees’SSNs were fraudulent. Cur-rently, this method is used rou-tinely with large lists of SSNsto determine if the numbers

are legitimate. Unfortunately,when the SSA begins to issuerandom identification numbers

in 2011 to deter fraud, thistechnique’s effectiveness maybe compromised.

Data Standardization

Some data inputs follow atightly controlled, standardizedprocess. But, when entries arefree text, input operators can

Standardization refers tothe process of manipulating adata set so that it conforms to a

certain standard. This helps theinvestigator draw more accuratecomparisons and more completeconclusions. A comparison of the following names providesan example:

Robert L. Kardell

Rob Kardell

Robert Kardell

Bob Kardell

If an investigator searched

“Robert Kardell” across a largedata set, those entries would notshow as duplicates; but, afterstandardizing the data set (suchas by separating the first andlast names into different datafields), a search would identifyidentical last names. To stan-dardize the data and improvethe comparison even further,the investigator could highlight

nicknames, such as “Bob” or“Rob,” and replace them with aformal name, such as “Robert.”

Investigators can standard-ize addresses (e.g., BLVDversus Boulevard and STversus Street), dates (e.g., MM/ DD/YYYY versus DD/MM/ YYYY), quantitative amounts(e.g., $10,000.00 versus10000.00 USD), and phonenumbers. Because most data can

be presented in several alternateforms, standard formats allowfor more accurate analysis. Theexact standardization processdepends completely on the

enter whatever information theywant in any number of formats.Standardized versus free-textinputs can affect how investiga-tors analyze and draw conclu-sions from the data. Generally,standardized inputs lead toeasy analysis and comparisons,whereas nonstandardized datasets can lead to incorrect or

incomplete conclusions andanalysis. This issue becomesmore complicated when com-paring multiple data sets indifferent formats.

”

Financial data quickly can overwhelm

investigators as the number of transactions

may run into the thousands for

individuals or even into the millions for

businesses.

“




format of the data. Additionally,investigators should documenteach manipulation so that they

can determine if final matches,comparisons, and conclusionsare based on original or stan-dardized data.

Unusual Amounts

To identify unusualamounts, an investigator shouldfollow three steps: 1) sort thenumbers, 2) identify the highestamounts and their payees, and3) assess the reasonableness of

those transactions. However,unusual amounts can vary foreach respective payee and,thus, must be viewed in rela-tion to other amounts receivedby the payee. It is dif ficult,then, to deem certain amountsunusual until they are sepa-rated by vendor. For instance,sorting a data set by amountsquickly will identify any pay-ments in excess of $3,000, but

this amount only should rousesuspicion for certain vendors;rent payments regularly exceed$3,000, but a $5,000 paymentto a cellular phone companycertainly demands greater atten-tion. If possible, investigatorsfirst should sort the transactionsby payee and then by amount todetermine unusually high or lowpayments to a particular type of vendor. Investigators may haveto standardize the data beforethey conduct this analysis sothat they can make propercomparisons.

Statistical Outliers

Statistical analysis pres-ents other tactics to determine

unusual transaction amounts.Though statistics may seemirrelevant to fraud investiga-tions, in actuality, such analysiscan reveal suspicious data thatotherwise might go unnoticed.

Most of the statistical analy-sis investigators perform relatesto means, standard deviations,and bell curve distributions. Aquick review of the bell curveshows that the large majority

a visual representation, like agraph, investigators can run asimple spreadsheet formula to

calculate Z-scores, or standarddeviations. Amounts that fallwithin one standard deviationof the mean receive a Z-score of 1, amounts within two standarddeviations receive a score of 2,and so on. The Z-score methodcan uncover statistical outliersthat may not appear on the topor bottom of a list when sortedby amounts but are unusualnevertheless.

A Z-score analysis espe-cially is useful when the num-ber of transactions reaches thehundreds of thousands or evenmillions—the more transactionsinvolved, the more useful suchanalysis will be. Large datasets, such as bank transactions,wire transfers, and payroll re-cords, quickly can be analyzedfor questionable transactions.Investigators successfully usedthis type of analysis in an em-bezzlement case when statisticaloutliers helped them uncoverfalsified checks.

Round-Number Transactions

Analyzing round-numbertransactions can prove usefulfor reviewing retail businesstransactions. Consumers canthink about how often they have

gone to the grocery store andtheir purchases totaled an evendollar amount; this rarely occursbecause most businesses pricetheir products just below the

(87 percent) of quantities in adistribution should fall withinone standard deviation of themean, while two and three stan-dard deviations should encom-pass 95 and 99 percent of thequantities, respectively. Mostspreadsheet programs easily cancalculate the mean to determinewhich transactions fall on eitherend of the bell curve.

To examine a data set’sbell curve distribution without

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August 2011 / 5

next whole dollar amount (e.g.,$2.99) and because the pricefails to reflect tax. Most spread-

sheet and database programscan process a formula to quick-ly highlight transactions withround dollar amounts. Then,the investigator can examinethis subset of round-numbertransactions to determine if anyparticular payer name, creditcard number, or ElectronicBenefit Transfer (EBT) cardnumber repeats throughoutthe list. This technique proved

valuable for a possible foodstamp fraud case in whichcertain patrons received cashin exchange for charges totheir EBT card. Searching thetransactions for rounded dol-lar amounts quickly revealed aset of individuals whose cardsshowed a large number of suchtransactions.

Timing

The timing of financialtransactions can be as impor-tant as the amounts and payees.Often, transactional informa-tion includes a date and timestamp. This date and timeinformation indicates transac-tions that occur on weekends,after normal business hours, oron a regular basis. In the previ-ously mentioned food stampfraud case, the timing of thetransactions proved importantwhen several transactions oc-curred within a short time span.The quick time frame exposed

the sham transactions becausethese larger dollar transactionscould not have been processed

in such short periods of time.When working with banks

and other businesses that oper-ate during standard businesshours, transactions that occuroutside the normal business daymay indicate illegitimate activi-ty. Investigators have uncoveredinstances of loan manipulation

transactions that occur in rapidsuccession.

CountingOne of the easiest, most use-ful methods to discover unusualfinancial transactions is simplycounting the number of trans-actions to individual vendors.Most personal and businessexpenses are paid monthly,and, therefore, most vendorsreceive 12 payments per year.As such, if an individual paysa landlord or a cellular phone

provider 13 or 14 times peryear, it might indicate a hiddenpayment to another vendor, anillicit payment, or a question-able transaction. By contrast,a vendor, employee, or personwho receives just one paymentin a 12-month period shoulddraw suspicion—a vendor whoreceives too few payments mayindicate money diverted to an-other purpose or person.

Duplicates

Identifying duplicate dates,amounts, or invoice numbersalso can reveal questionabletransactions. Obviously, notall transactions with the sameamount or date indicate fraud,but the information can helpbegin investigators’ analysis.Some common types of fraudinvolve double-paying an in-voice and pocketing either thesecond payment or the refund.Searching for duplicates of sup-posedly unique invoice numbers

by noting changes in the mas-ter loan file that occurred afterclose of business, on holidays,or on weekends.

Again, this technique mayrequire data standardization.Spreadsheets and databaseseach process formulae that con-vert numerical dates into daysof the week and, thus, quicklycan isolate transactions thatoccur on a weekend. Investiga-tors can use similar formulaeto note the time lapse betweentwo transactions, which reveals

”

Though statistics may seem irrelevant

to fraud investigations,in actuality, such

analysis can reveal suspicious data that otherwise might go

unnoticed.

“




or transaction amounts high-lights these double payments.

Some information that

investigators can search forduplicates includes vouchernumbers, check numbers, pay-ment amounts, unusual payees,invoice numbers, SSNs, names,dates of birth, addresses, andphone numbers. In additionto double payments, duplicateanalysis can uncover commonaddresses between employeesand vendors, undocumented orunknown businesses, relation-

ships between employees andvendors, and even collusionamong employees.

Spreadsheets and databasesdo not have built-in formulaeto identify duplicate transac-tions. But, investigators can findapplicable formulae, macros, orscripts by searching the Internet.

Computer Audit Logs

An audit log or trail com-

prises an important piece of any accounting software. Most,if not all, accounting softwaremaintains a log of changes tothe data contained within thesystem, yet the majority of usersfail to take advantage of thesefeatures. Usually, the softwarestores this information in aseparate table and may track changes in such items as date,time, and user. This informationcan be crucial to prosecution.

For example, in one caseinvolving a lumber company,a salesman committed fraudby changing invoices and

collecting the money fromthe original invoice in cash;the altered invoice effectively

erased the original but used thesame identification number. Thecompany failed to realize thistactic, and the salesman embez-zled large sums over the courseof several years. The owner of the company finally becamesuspicious when a customermentioned in passing that thesalesman collected payments incash. This information surprised

Audit logs greatly can aidan investigator and streamlinean investigation. Bookkeepers

and accountants may not beaware of the audit features forthe software they use, but mostcommonly used accountingsystems maintain some kind of log. If an accountant or auditoris unaware if a system includessuch a feature, they shouldconsider contacting the softwarecompany directly.

Bank loan software trackschanges in loan amounts, rates,

dates, times, users, and muchmore. The software capturesthis information in a table some-times referred to as a “masterloan file.” If a bank employeeis suspected of changing loanrates, due dates, or manipulat-ing loan files in any respect, aquick review of this master filecan reveal all the changes madeby that employee. It also mayprovide a set of leads and a listof loans to which the employeehad access.

Addresses

Addresses provide an-other useful data set to analyze.Address analysis can revealinformation about relationshipsbetween employees and vendorsand possibly expose fictitiousvendors. Investigators can

start by simply mapping theaddresses in common mappingsoftware. Most, if not all, map-ping software allows the userto import many addresses atonce. Some online applications

the owner, so he asked to seecopies of the invoices. Then, hetraced the invoice numbers tosales receipts for other custom-ers, which led him to discoverthat the lumber company’saccounting software allowedpersonnel to edit finalized salesorders. The manager continuedto search for altered sales

orders until he realized that thesoftware maintained audit logsof changes to such information,including the username of theeditor and details about thespecific changes.

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August 2011 / 7

can perform address mappingas well. Plotting addresses andcreating a visual representation

of the information allows aninvestigator to quickly identifysuspicious addresses, such aslocations in other states orcountries and vendor addresseslocated close to employeeaddresses.

Also, investigators can com-pare addresses against knownpost of fice box locations. Obvi-ously, investigators quickly canspot the phrase PO Box when

reviewing a data set; but, theymay not recognize the addressof a commercial postal serviceas easily. Instead of includinga PO Box designation, fraud-sters might list the address of the commercial postal servicebuilding to appear as a legiti-mate residential or business ad-dress. Investigators can considerpurchasing a list of commercialmail box locations and comparethem to the addresses providedto identify all such addresses.

Other Methods

Many of these types of anal-ysis (e.g., addresses, statistics)can extend to more complex in-vestigative techniques. If simpleanalysis has not yielded anyleads in a data set, investigatorscan consider more advanced

techniques, such as geocodingphysical addresses, mapping IPaddresses, conducting computerforensic analysis, or examiningaccelerating or decelerating

payments, among others. If investigators wish to learna more advanced method of

statistical analysis, they shouldconsider Benford’s Law, whichstates that in lists of factual,“real life” numbers (e.g., homeprices, population sizes, or elec-tricity bills), the leading digitdistributes itself in a nonuni-form pattern: 1 appears as the

above techniques to furthernarrow their search for question-able transactions. For instance,

investigators can search a largedata set for transactions that arestatistical outliers, rounded num-bers, and that occurred outsidenormal working hours. Anotherexample includes identifyingabnormal payments among a listof nonissued SSNs. Combiningtechniques allows investigatorsto further narrow their data setwhen the one method of analysisdoes not suf fice.

CONCLUSION

Many financial analysistechniques available to investi-gators were not possible 15 or20 years ago. The author men-tions just a few of the possiblemethods to uncover unusualor fraudulent transactions. Theappropriate techniques for aparticular investigation directlydepend on the type, quality, andamount of data provided. Ascompanies begin to amass largerfinancial data sets, these types of analysis have become importantto quickly and ef ficiently iden-tify suspicious transactions.

Endnotes1 The author bases the material in this

article on techniques that he has used over

the years. He learned to develop and apply

these techniques through experience and

discussions with other investigators, policeof ficers, special agents, programmers, and

accountants.2 For additional information, see http://

www.intuitor.com/statistics/Benford’s%20

Law.html.

”

As companies begin to amass larger fi nancial data sets,

these types of analysis have become important to quickly and ef fi ciently

identify suspicious transactions.

“

first digit about 30 percent of the time, and larger digits occuras the leading digit with de-creasing frequency, to the extentthat 9 appears as the first digitless than 5 percent of the time.2 However, most people whocompile fraudulent data dis-tribute digits uniformly. Thus,simply comparing the distribu-tion of the leading digits from a

data set versus the distributionpredicted by Benford’s Law canreveal suspicious numbers.

Also, investigators shouldconsider ways to combine the




A ccording to the National Center for Miss-ing and Exploited Children (NCMEC),

every year, more than 200,000 children are ab-

ducted by family members. An additional 58,000are taken by nonrelatives with primarily sexualmotives. However, only 115 reported abductionsrepresent cases in which strangers abduct and killchildren, hold them for ransom, or take them withthe intention to keep.1

Media news outlets have portrayed that abduc-tors primarily consist of strangers or registered sexoffenders (RSO), which has proven invalid in the past2 fiscal years (FY). When a child is reported missing,members of the media advise parents to check sex of-fender registries to prevent their child from possible

abduction or sexual victimization. However, FBIreporting indicates that RSOs are a minimal part of the problem. In FY 2009, an RSO was the abductorin 2 percent of child abduction cases; in FY 2010, thisfigure dropped to 1 percent.2

Although parents teach their children to stayaway from strangers, most neglect to teach them notto allow anyone, even someone they know, to take

them without parental consent. Additionally, chil-dren frequently are instructed to obey elders withoutquestion, adding to their vulnerability to offendersknown to the child victim.

Over the past 4 years, the FBI has seen a decreasein abductions committed by a stranger or RSO. How-ever, it is important to note that abductors with sexualintentions are, in fact, sexual offenders who have notyet been identified and, therefore, are unknown tolocal law enforcement agencies.

A majority (68 percent) of the child abductioncases the FBI’s Child Abduction Rapid Deployment

(CARD) team has assisted in has resulted in the iden-tification of an offender who had a relationship withthe child victim.3 Moreover, an RSO was involvedin only 10 percent of the investigations, 5 percent of who knew the victim.

Crimes Against Children Spotlight

Child Abductions Known Relationships Are the Greater Danger By Ashli-Jade Douglas

© Thinkstock.com



Ms. Douglas is an intelligence analyst with the FBI’s Criminal Investigative Division.

In FY 2009, 63 percent of child abduction casesinvolved an offender known to the victim; only 1percent were RSOs.4 In FY 2010, 70 percent of child

abduction cases resulted in the identification of an of-fender who had a known relationship with the victim;less than 1 percent of the abductors were RSOs.5

RSOs contribute to a miniscule part of the childabduction problem. In contrast to media reporting,the number of cases involving a registered sex of-fender is decreasing. In addition to the FBI report-ing, NCMEC has revealed that there were no RSOsinvolved in AMBER Alert cases in 2009.6

Although abductors can vary in age, race, orphysicality, the FBI assesses with high confidencethat the majority of child abductors involved in FBI

child abduction cases, CARD team deployments, andAMBER Alerts have a relationship with the childvictim. Moreover, despite media reporting, the FBIconfidently assesses that the majority of child abduc-tions are committed by persons with a relationship tothe child they abduct.

Endnotes

1 National Center for Missing and Exploited Children,

press release, May 18, 2009; http://www.missingkids.com/

missingkids/servlet/NewsEventServlet?LanguageCountry=

en_US&PageId=4046 (accessed April 26, 2011).2 For the purpose of this article, the author defines abduction

as “the initial report of a child taken without the knowledge of a

parent or guardian.”3 The FBI’s Child Abduction Rapid Deployment (CARD) team

was established in 2009 to provide FBI field of fices with a re-

source team of additional investigators with specialized experience

in child abduction matters. These regional teams provide rapid,

on-site response to provide investigative, technical, and resourceassistance during the most critical time period following a child

abduction. In 2009, the team had the most deployments since its

inception.4 Based on FBI investigations.5 Ibid.6 National Center for Missing and Exploited Children, 2009

AMBER Alert Report; http://www.missingkids.com/en_US/ documents/2009AMBERAlertReport.pdf (accessed April 26, 2011).

Wanted:Photographs

he Bulletin staff alwaysis looking for dynamic,T

law enforcement-related im-ages for possible publicationin the magazine. We are in-terested in those that visuallydepict the many aspects of the law enforcement profes-sion and illustrate the vari-ous tasks law enforcementpersonnel perform.

We can use digital pho-tographs or color prints. Itis our policy to credit pho-tographers when their work appears in the magazine.

Contributors sending printsshould send duplicate cop-ies, not originals, as we donot accept responsibility fordamaged or lost prints.Send materials to:

Art DirectorFBI Law Enforcement Bulletin, FBI Academy,Quantico, VA 22135.

[email protected]

August 2011 / 9




Law enforcement agencies around the coun-try dedicate themselves to fighting crime,and their leaders seek innovative approach-

es to investigate and arrest offenders. Too often,however, of ficers pay little or no attention to whathappens to evidence after they arrest a criminal.Every law enforcement of ficer knows that evi-dence must be protected and maintained for labo-ratory examination and presentation at trial, andmany assume that their department always doesso flawlessly. Yet, the storage facilities that havethe crucial responsibility to maintain evidenceand property seem to garner attention only aftermishaps. To prevent these errors, law enforcementleaders must maintain a well-equipped property

room for their agencies.In early 2007, we at the Houston, Texas, PoliceDepartment (HPD) determined that we neededto completely overhaul our old property storageroom, built in 1906. In June 2009, after years of

planning, designing, and building, we unveiled astate-of-the-art police property and evidence stor-age facility.

THE HOUSTON EXPERIENCE

Construction Process

First and foremost, we decided on the location,scale, and parameters of our future property room.To ensure an easy transition and to minimize costs,we chose to build the facility adjacent to the oldone on a 2.4-acre site in downtown Houston. Wethen selected an architecture firm that could carryout all of our plans for a reasonable cost. With ourchosen firm, we designed a 59,000-square-foot

facility with 11,117 square feet of of fice space and31,535 square feet of internal storage.After we finalized these basic logistics, we

determined how this new property room woulddrastically improve the old model. We planned a

Building an Effective Property Room

By Ceaser Moore

Police Practice



August 2011 / 11

moveable 16-foot, high-density compact mobilesystem for evidence storage, 15,277 square feet of exterior covered storage, and 1,141 square feet of

freezers that reach 0°F.

Then, we worked with our of ficers to determinewhat technology we needed to properly equip thenew facility. Based on this research, we installedhigh-tech security cameras, movable shelving, aninventory control bar coding system, and concretevaults.

The room also features a self-contained firesystem called Early Suppression, Fast Response,which protects high-pile storage commodities inall of the storage ar-eas, and the building

is 100 percent coveredby sprinklers inside andout. Another suppres-sion system preventsthe pipes from freez-ing in the outdoor andfreezer storage areas butdelivers water in caseof a fire. The facility’sother security featuresinclude an emergen-cy electric generator,which can handle thepower load for the en-tire building. These additional features ensure thatthe HPD Property Room functions both securelyand ef ficiently.

After this nearly 3-year design and construc-tion process, in mid 2009, we spent 6 months trans-ferring evidence from our former property roomand opened the new facility for operation. We wereexcited to provide our of ficers with a propertyroom they can trust to protect the evidence that

they work so hard to gather.In total, the construction of the new facilitycost $13.2 million. After this initial investment,the HPD reaps enormous benefits from such awell-equipped evidence maintenance system. In

an average year, the property room handles ap-proximately 95,000 pieces of evidence, includingmoney, weapons, electronics, biological evidence,

and any other miscellaneous items that have beenseized, stolen, or recovered. A staff of 42 employ-ees, both of ficers and civilians, manages the facility,which operates 12 hours a day, 7 days a week for thepublic and 24 hours a day for law enforcement.

Lessons Learned

During the move, we identified our highestpriority storage items ⎯ specifically, money, guns,DNA/biological evidence, files, and flammables/

combustibles. Moneyand guns demand tight

security, as these oftenare targeted in propertyroom robberies. Addi-tionally, DNA/biologi-cal evidence requirescareful maintenance forlaboratory analysis. Ad-vances in DNA technol-ogy have clinched courtcases and vindicatedinnocent defendants,but these sensitive itemslose their value if notstored properly. Also,

many property rooms overlook the importanceof proper storage of flammable and combustiblematerials; fire accelerants must be removed orproperly controlled to protect all stakeholders andevidence.

Initially, we did not transfer narcotics out of the old storage facility into the new one. Narcoticsqualify as a hazardous item, and the Houston FireDepartment maintains specific requirements for

facilities that handle large amounts of hazardousmaterial. After ensuring that we followed all nec-essary protocol to store these items, we transferredall narcotics evidence out of the old propertyroom.

Houston Police Department’s Old Property Room




Environmental Friendliness

Our department prides itself on strong commu-nity relations, so we kept the public’s well-beingin mind as we designed the new HPD propertyroom. Therefore, we sought to minimize the facil-ity’s disturbance on the surrounding environment.

Model for Evidence Storage

Flammable Storage Cabinets

We assessed the room’s potential environmentalimpact, which every agency should examine be-fore they build. To guide our efforts, we sought

U.S. Green Building Council’s Leadership in En-ergy and Environmental Design (LEED) certifica-tion for our building.

The LEED certification ensures that wecontinue to minimize our environmental impactthroughout the design, construction, and operationphases of the facility. As per LEED requirements,the HPD Property Room boasts several environ-mentally friendly attributes.

• Our contractors used recycled andregional materials throughout the construc-tion process and diverted 75 percent of theirconstruction waste away from local landfills.

• The building’s construction supplies includedmaterials extracted and produced locally orwithin 500 miles of the site.

• A thermoplastic roof reflects 65 percent of sunlight to reduce the mechanical and energyloads. Also, we designed the roof to withstandwind loads in excess of 110 mph.

• Motion-activated interior lighting sensorssignificantly reduce electricity consumptionin less traf ficked areas.

• Interior finish materials enhance the indoor airquality.

• The project’s location on an urban infill siteprovides employees with easy access to pub-lic transit.

These minor changes add up to major results.Our assessments estimate that the building’s ener-gy consumption savings exceed 25 percent versusa conventionally designed building.

CONCLUSION

Above all, at the Houston Police Departmentwe strive for a culture of continuous improvement



in our new property room. We want the facility’spersonnel to become the best in their chosenendeavor and for our field of ficers to feel secure

that all evidence will be properly handled andmaintained.

If your agency holds some interest in build-ing a new property facility in the near future,consider the aforementioned ideas in your plans.Addressing these key areas will focus your effortson areas that have substantial benefits for yourorganization.

Houston Police Department Gun Room

Captain Ceaser Moore serves in the Houston, Texas,Police Department’s Property and Supply Division.

T he FBI Law Enforcement Bul-letin staff invites you to commu-

© Digital Vision

nicate with us via e-mail. Our e-mailaddress 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 the

FBI’s home page. The home pageaddress is http://www.fbi.gov.

The Bulletin’s E-mail Address

August 2011 / 13




As today’s of ficers know,sources of electronicdata have grown ex-

ponentially with the popularityof, for instance, text messaging,social networking, and e-mail.This variety of data representsa key component of police

investigations and a potentialsource of evidence that couldprove critical in supporting theprosecution of different types of

Digital Evidence By STUART CAMERON, M.S.

crimes. This highlights the im-portance of not only collectingsuch digital evidence but alsohaving up-to-date proceduresfor its proper handling, archival,and maintenance, particularly toensure its suitability for presen-tation in court.

Generating Data Files

Many types of equipmentresulting from advances in

technology exist that createadditional electronic data files.For instance, the transition fromconventional film photographyto electronic methods has re-sulted in digital pictures that areelectronic data files as opposedto negatives on a tangible piece

of film. Similarly, each timepersonnel use a conducted en-ergy device, such as a TASER,the unit creates a data file that

Suffolk County Police personnel performing annual calibration on some of the departmen

personal radiation detectors (PRDs).



August 2011 / 15

documents the number of timesit was fired and the duration of each use. As yet another ex-

ample, many departments nowemploy digital video camerasin their patrol units where theimage actually is a series of ones and zeros as opposed to amagnetic recording on a pieceof tape.

A lot of the detectors andsensors now used by hazard-ous materials response teamsand bomb squads also createelectronic data files. In an age

of terrorism, suspects could gofree if personnel do not prop-erly document and save thedigital evidence of these crimi-nal acts. Terrorists who attemptto employ a weapon of massdestruction may face a trial in aconventional courtroom, ratherthan some other type of tribu-nal, such as a military commis-sion. If this occurs, authoritieswill need to preserve and main-tain the integrity of the evi-dence generated by these unitsin a manner acceptable underthe criminal rules of evidence.

Additionally, newer instru-ments used by law enforce-ment, such as radiation detec-tors, radioisotope identificationdevices (RIID), gas meters,hazardous materials identi-fication systems, and digital

bomb X-rays, generate elec-tronic readings and providethe opportunity to export themvia a data cable or electronic

memory card. While equipmentoperators certainly can testify,for instance, to what a meter

said, prosecutors clearly wouldbenefit from having the elec-tronic file available to confirmthis testimony. Agencies shouldidentify all equipment theypossess that creates this type of electronic data and have appro-priate standard operating proce-dures in place.1

Preserving ElectronicEvidence

Law enforcement person-nel must properly preservedigital evidence to make itsuitable for presentation incourt. Techniques may varydepending upon the technol-ogy, but of ficers have severalconsiderations. They must havea secure storage location; suf-ficient back-up copies, as lost

“

” Inspector Cameron is the commanding of fi cer of the Suffolk County,New York, Police Department’s Special Patrol Bureau in Ronkonkoma.

Law enforcement personnel must properly preserve digital evidence

to make it suitable for presentation in court.

evidence can place prosecutionsin jeopardy; and proof that thedata has not been altered—that

it is authentic.2

Of ficers mustensure the long-term integrityof evidence. Further, investi-gators need to recognize thatthe chain of custody is just asimportant with digital evidenceas it is with physical types, andthey should have a written logto document any occasions inwhich the media goes in or outof storage or changes hands. Asone fairly simple means of pres-

ervation, personnel can transferdigital information onto a read-only, nonrewritable CD-ROM.Investigators should make twocopies and ensure that theyput on each disk the operator’sname and signature, as well asthe date and case number, andthen treat each CD-ROM asthey would any other item of




evidence, establishing a chainof custody and securely storingthe media.3

Concerning detectors orsensors with a removable mediacard, at the scene of the investi-gation, of ficers can seal the cardin an envelope with the opera-tor’s name and signature, thedate, and the case number writ-ten on the outside. A secondaryprocess involves uploading thedata onto a secure server whileemploying a method, such asthe hashing function, to ensure

the data’s integrity. Investiga-tors then can store the card in asecure location.4

Personnel using electronicequipment must ensure the

accuracy of the date and timedisplayed on the unit. In manyinstruments, the date and time

will default to an earlier periodif the batteries become depleted.Then, restoration of power canresult in readings that appearout of sequence. Some detec-tors will not afford the operatorthe ability to reset the date andtime without a computer inter-face cable. An improper read-ing from one instrument couldresult in members of the juryquestioning the readings from

others, and they may perceiveincompetence or a lack of careon the part of the operator.

Due to the inherent time lagbetween arrest and prosecution,

of ficers should recognize thatdata files stored for a particularitem of equipment may need

proprietary software to retrieveand read the display. Prior toa courtroom prosecution, thedetector or sensor used to gatherthe evidence could be replacedwith a more current model orone from a different manufac-turer. Personnel must retain cop-ies of the proper software unlessthey have saved the data files ina universal format or exportedthe results in hard copy format

and maintained those results asevidence. If they do not main-tain the proprietary software,investigators may not be able toopen the archived data files. Asa general rule, personnel shouldstore digital evidence in its orig-inal, as well as nonproprietary,format to ensure accessibility.5

Most law enforcement of-ficers know that they shoulduse a clean sheet of paper, newnotebook, or fresh roll of filmto document each crime sceneto prevent details from othercases commingling with the oneat hand. This rule also appliesto digital evidence, such as thatproduced by a sensor. Despitethe reusability of some unitsof storage media, merely eras-ing them is insuf ficient; theymust be forensically prepared,

or wiped. Investigators mustnot only remove any vestige of the previous contents but alsoensure that only known data

Digital bomb x-ray image of a suspicious package that appears

to contain a hand grenade.



August 2011 / 17

is written to each sector of themedia. Personnel usually ac-complish this with software that

will overwrite a known charac-ter, such as 0 or 1, to the entiredevice and eliminate all of theprevious data.6 Agencies shouldbe prepared with a mitigationstrategy for detectors and sen-sors that store data internally if they intend to use the readingsas digital evidence. If available,a similar device employingremovable storage media maybe easier to sterilize and would

allow the original removablestorage media to be archived,if necessary, without the lossof the entire instrument. Alter-natively, a digital photographcould be taken of the relevantreadings from the device’sscreen to document the events,and those digital photographscould be preserved.

Operators also should beaware that the names of thecomputer files exported by sen-sors often contain potentiallyimportant metadata, such as thesensor’s unique identificationnumber and the date and timeof the file creation. Accordingly,personnel should not change filenames in any way. Further, if a reading is taken and an erroris made, the created data fileshould not be deleted. Rather,

this error should be documentedand later explained during theoperator’s testimony. Deletingfiles may create a gap in the

sequential numbering systemand could lead to the appear-ance that someone intentionallydiscarded the evidence.

A bomb squad almost al-ways will accompany radiologi-cal incident responders to ruleout any threat of explosives.Many of these squads havemade the transition from con-ventional film X-ray equipmentto digital bomb X-ray devices.The results obtained from digi-tal X-rays generally allow better

analysis than conventionalfi

lmcounterparts, and, like digitalphotographs, personnel canelectronically archive them for

later presentation in court. Of-ten, the digital X-ray is the onlyrecord of what a device lookedlike prior to the rendering of safe operations.

If the digital X-rays residesolely on the computer associ-ated with the digital X-ray sys-tem, investigators would find itvery dif ficult, if not impossible,to introduce them as evidenceat a later date. Saving theseimages in a manner consistentwith other digital photographs

would mitigate this problem.Jurors generally will be famil-iar with electronic devices andmay question the credibility of

Radioisotope identi fi cation device (RIID) connected to a laptop. This

unit can identify various radioactive isotopes. The spectra fi les can be downloaded onto a laptop computer that has the proper transfer

software installed using either a serial cable or a USB cable.




an of ficer who could have, butdid not, back up his testimonyabout a meter or sensor read-ing simply by downloading anelectronic file. The lack of thisdigital evidence may not resultin the loss of a conviction, butit could make obtaining onemore dif ficult.

Documenting TerroristActivity

A wide range of digitalevidence can support a terror-ism prosecution. For example,a thwarted attack using aradiological dispersal devicecould create a vast amountof evidence potentially lostwithout proper procedures

and planning. In this case, theinitial detection may have re-sulted from an of ficer’s smallbelt-worn personal radiationdetector. Investigators carryingthese devices may not realizethat an internal data-loggingfeature has stored the criticalradiation readings, and theiragencies might not expectthem to know how to down-load this material as it oftenrequires a computer interface.

While these detectors arerelatively small, many of them

log detections and save thisdata internally until the devicebecomes full, at which timethe evidence can be overwrit-ten. Data also can become

lost if the batteries die. Thus,of ficers must have proper fore-thought and ensure that they

save data quickly. Otherwise,this initial detection informa-tion could be forfeited, andthe only record of it would bethrough the device operator’soral testimony without anyfurther support.

The next step in the thwart-ed attack might be the use of an RIID to identify the typeof radioactive material and itspotential for harm. Certain ra-

dioactive isotopes work betterthan others in creating effectivedispersal devices. Accordingly,the accurate identification of the isotope is critical in deter-mining the danger posed. Inthis regard, RIIDs capture dataand provide a preliminaryassessment.

For a higher degree of assessment, during a processknown as “reach back,” of fi-cers can use this type of deviceto electronically transmit datawithin an e-mail to a spec-troscopist who can “read” thedigital signature created bythe energy generated from thematerial and then analyze thisdata and verify the internal as-sessment from the RIID. Thisprocess creates a tremendousamount of potential digital

evidence that personnel mightoverlook or delete unless theyrecognize it in advance.

The data file from the RIID,the e-mail message used to

HazMat ID system with a USB drive inserted into it. This

system can identify thousands of different substances, and

the results can be downloaded onto a USB drive.



August 2011 / 19

transmit it, and any photographssent all represent potentialsources of digital evidence.

Some agencies use an electronictemplate form to provide the in-cident background informationduring the reach back process,thereby creating more potentialevidence.

Due to the critical nature of an incident, many departmentsuse special operations com-mands to operate the identifi-cation devices. Because thesepersonnel primarily focus on

assessing a situation to resolveit without causing harm, agen-cies need to ensure they aretrained to recognize that theirassessment process is creatingimportant digital evidence.

Calibrating and TestingEquipment

Creating usable electronicevidence also requires agenciesto properly maintain and cali-

brate the instruments generatingit, much like they service theirspeed-detection and alcohol-testing instruments. Of course,personnel need proper trainingto do this.

Departments also mustretain records of calibration andrepair for potential presentationto the court. While this processmay seem complicated, agen-cies now consider it a matter of routine.

Additionally, of ficers whouse these sensors and detectorsmust have knowledge of any

set-up testing required beforeuse. Personnel who have usedradar guns for speed enforce-

ment are well familiar withtuning-fork and internal-cali-bration checks that they mustcomplete and document beforedeploying the device to issuetickets.

Similarly, many of thesensors and detectors usedby hazardous materials teamsand bomb squads requireinvestigators to perform testing

documents. Personnel alsoshould test all equipment beforeuse to ensure correct operation.

Conclusion

Law enforcement agenciesmust establish procedures forhandling digital evidence createdthrough the advanced technologynow commonplace in the profes-sion. Taking the time to recog-nize and develop procedures fordevices that create electronicfiles, establish standard oper-ating procedures to properly

save this downloaded data, andinstitute procedures that explainany deviations from establishedstandards will aid the prosecu-tion, instill confidence in jurors,and highlight the professionalismof law enforcement of ficers andtheir agencies.

Endnotes

1 Scientific Working Group on Imaging

Technology (SWGIT); http://www.theiai.

org/guidelines/swgit/guidelines/section_15_

v1-0.pdf.2 Scientific Working Group on Imaging



v3-2.pdf .3 Scientific Working Group on Imaging



v1-0.pdf .4 Ibid.5 Scientific Working Group on Imaging



v1-0.pdf.6 J. Philip Craiger, “Computer Forensics

Procedures and Methods”; http://ncfs.ucf.

edu/craiger.forensics.methods.procedures.

final.pdf (accessed September 2, 2010).

”

Creating usable electronic evidence

also requires agencies to properly maintain

and calibrate the instruments

generating it….

“

procedures before use. Agenciesneed to ensure that personnelnot only perform the tests butrecord the results in the sameway they do with enforcementequipment, recognizing thepotential for usage data, such asmaterial detection, to becomecrucial evidence needed incourt. Departments shouldretain any documentation fromthe manufacturer, such asoperator manuals, as controlled




Notable Speech

What Does It Take to Excel? By Wyn Lohner

It is with great honor that I stand before youtoday. For 16 of the past 19 weeks, you have

had the opportunity to train under some excellentinstructors at this academy. What they have taughtyou are the mechanics of police work, the knowl-edge and skills you will need to function as policeof ficers. During the next 16 weeks, most of youwill add to and refine that knowledge and thoseskills with training of ficers at your agencies, and,then, you will begin serving your communities. If

you carry that training forward, continue to train,work hard, and adhere to policies, you all shouldhave successful careers and meet the standards ineach of your agencies.

But, how do you exceed those standards? Whatdoes it take to be the best of the best—a “5 per-center”? To be the of ficer that every other of ficerwants as backup when things are going south? Tobe the of ficer that every citizen wants to show upat their house when they are in need?

Well, through the years, I have read manyarticles written by experts from around the worldregarding what they believe to be the characteris-tics of of ficers and deputies who excel. I have yetto find a list that I feel is comprehensive. So, today,I would like to share with you my list, what I feelare the nine characteristics of police of ficers whorise above others whether they are striving for thator not.

1) Pursue Integrity

If you are not an of ficer who can be trusted,one that can be counted upon to get the job done,

whether it’s 2:00 in the afternoon, 2:00 in themorning, or whether there is a supervisor on duty,you not only will fail to excel but you will not meetstandards and most likely will have a short career.Everything in law enforcement works outward and

Chief Lohner of the Baker City, Oregon, Police Department delivered this

commencement speech to the 322nd basic police

class of the Oregon Public Safety Academy on

January 28, 2011.

upward from the foundation of integrity. Integrityis much more than just honesty. It is much morethan just being a good person who tries to do what

is right. Without integrity you never will be ableto excel in an operational capacity, in a trainingsituation, or in a service function. Essentially, in-tegrity is crucial in all areas of police service andyour life.

2) Remain Mentally Prepared

One thing that I can guarantee you is that younever will receive all the training that you desire,your agency wants you to have, or that you trulyneed. However, each day will present you withmultiple training opportunities. Every situation

you handle throughout your career can be dissect-ed in your mind and, with other of ficers, provideyou with an opportunity to learn and do it betternext time. Every idle moment that you have canbe used to mentally process any situation imagin-able, from tactical to investigatory. You mentallycan respond to an active shooter at the local highschool, a barricaded subject in the courthouse, anassault in progress at a residence, or a silent alarmat a bank. You mentally can process your response



August 2011 / 21

to a driver with a gun getting out of a vehicle dur-ing a traf fic stop or your safe approach to respondto a report of shots fired. Ask the tactical experts

in your agencies for the best techniques in thesesituations and continually prepare for them.

3) Strive to Do the Most

When you arrive at a call for service, whetherit is the homicide of the most important person inyour community or, simply, a homeless personsleeping in the bushes, you can choose to do eitherwhat is minimally required,or you can ask yourself,“What is the most I cando?” If you choose the lat-

ter, it means you will takeevery step possible to re-solve the situation and helpthose in need. Some maycall this community polic-ing, some may call thisproblem-oriented policing,but I just call it doing whatis right—providing the ser-vice that citizens want anddeserve from their policeof ficers. This same attitudealso should carry over intotraining. Whether it is onthe mats, at the range, or in a classroom, you willdecide how much effort you are going to put intothe training. Do not cheat yourself, your depart-ment, or your community; you will get the mostby giving the most.

4) Do Not Judge Others

The one thing you will learn in life, especiallywhen providing police services, is that everyonehas a story. I am not talking about the nonsensemany people will try to make you believe, but thestory behind what has happened in peoples’ livesthat truly defines them. Now, do not confuse thiswith assessing people because properly assessing

people you contact by their actions and yourknowledge is an of ficer safety must. I am talkingabout making a decision about someone based on

looks and lifestyles. Always remember that unlessyou have walked in their shoes and faced their lifetrials, you never should judge them. The old saying“Never judge a book by its cover” holds true inlaw enforcement. In my career, I have found trueAmerican heroes hiding inside of shells that manywould consider gutter trash. You never will knoweveryone’s story, but if you treat everyone with

the respect and dignity eachhuman being deserves, youwill go far.

5) Actively ListenListen, listen, and listen

some more. Listen to yourtrainers as they will informyou of the skills necessary tosucceed and survive. Listento your peers as they will tellyou what has worked andnot worked for them. Listento your supervisors as theywill give you guidance inyour careers. Listen to yourcommunity as they will tellyou what is important to

them. Listen to the witnesses, victims, and sus-pects as there are always, always at least two sidesto every issue you will face. And, most important,listen to your family and your nonlaw enforcementfriends as they will tell you when you are going off course in your life and heading for disaster.

6) Set Priorities at Work

Aside from of ficer safety, which always has tobe the priority, there are three areas of focus whenyou put on that uniform: you, your agency, and thecommunity you serve. Properly prioritizing themis paramount to your ability to excel. Many of-ficers put themselves at the top of that list as they

“

”

Every single oneof you already has

received the greatestsanction anyone can

receive in anyprofession.




strive for glory and self-satisfaction. Generally,these of ficers put themselves at the front of everylist in their lives, which commonly has a reverse

effect and only ensures they never will meet theirfull potential. Some of ficers put their agency atthe top of the list. On my list, I put the communityfirst because those are the people I was hired toserve. Your primary mission in police work is toprotect the citizens in your jurisdiction and createthe safest environment possible. That means thecommunity and its needs come first.

7) Set Priorities in Your Life

To be the best of the best in police work, youhave to have a balanced life. You always have to

remember what is most important in your life andwork hard at not losing sight of that. Look out intothis audience: Most of you will see what really isimportant in your lives. It is not the men and wom-en in uniforms, wearing the badges and patchesrepresenting your agencies. What is important outthere are your husbands and wives, your children,your moms and dads, your aunts and uncles, yourgrandparents, all of the family you hold dear. To-day, after being separated from them for so manymonths, it probably is pretty easy to see their im-portance in your lives. But, 5, 10, and 15 years intoyour career when you are and have been spendingthe majority of your waking hours with other cops,it most likely will become increasingly more dif-ficult. Please, do not ever forget that your familyis more important than your career and that lawenforcement is only your profession, not your life.You must set priorities and ask your family andfriends to hold you accountable. And, when theytry to hold you accountable, listen to them.

8) Take Care of Yourself

Emotional health is one of the most overlookedand neglected aspects of a police of ficer’s life.Sadly, you are going to see things and deal withsituations that will have a negative impact onyour life. You cannot tell a parent that their son

or daughter never is coming home again or stareinto the eyes of a lifeless child and not have itaffect you. These mental traumas in police work

have a cumulative effect, and every person hasa breaking point. When you think about it, it be-comes easier to understand why men and womenin police services abuse alcohol, get divorced,and commit suicide at over twice the rate of mostpeople in other professions. You must find waysto productively release those traumas. Physicalexercise by any method you choose is a wonderfulway to positively release some of your anxieties.But, the best way is simply to talk about it. Policechaplains, church leaders, grief counselors, andtrusted friends are great choices as confidants

you can talk with. Open up about the situationsyou have faced and express to them how you feel.Believe me, being cynical and making jokes aboutthe situations with other cops is not a healthy re-lease. And, although venting to your spouse mayrelieve your burdens, they, unfortunately, willstart accruing them because of their love for you.Find a trusted person outside of your inner circlewho really is good at listening and lean on them.If you do not take care of yourself, and if you letthose traumas build, it will slowly tear you downand tear down your family.

9) Develop and Maintain a Heart for Service

If you want to excel at work and in life, thistrait is one of the most important ones you canpossess. The problem, though, is that there are notraining programs to teach you how to care aboutothers. It has to come from within you. To havea passion, an overwhelming desire, to help othersis an amazing trait in a police of ficer and in anyhuman being. Some people choose police work asa career simply because it is an occupation withdecent pay, health insurance, and a retirement.They do not really care if they are making a dif-ference in peoples’ lives. Do they make bad policeof ficers? Not necessarily, but it will limit theirability to truly make a positive impact in their



August 2011 / 23

communities, and it will keep them from excelling.Fortunately, there are many people who are drawnto police work because they feel the calling—to

help others by protecting and serving them. It takesa very special person who is willing to get up eachday and go to work, knowing that what they aretruly getting paid for is what they may have to do.Other than being an American soldier, police work is the only other profession where every day youknow that you may have to give up your life toprotect others. That is the greatest sacrifice of alland the greatest demonstration of love.

Conclusion

As you leave here today and go back to yourcommunities, please take this thought with you

and carry it through your careers: Every singleone of you already has received the greatestsanction anyone can receive in any profession.You will find it in Scripture: Matthew 5:9 says,“Blessed are the peacemakers, for they will becalled children of God.” Thank you for yourservice, good luck, and may each of you reachyour full potential and truly become the best of the best.

Bulletin Honors

On May 4, 2010, the Fallen Of ficer me-

morial Statue was dedicated to those of ficerswho made the ultimate sacrifice while serv-ing the citizens of St. Charles, Missouri. Thememorial is located in the front of the St.Charles Police Department Headquarters,near the public entrance, and was made pos-sible through a cooperative effort betweenthe city of St. Charles and local businessleaders. The statue, dubbed “Of ficer Patro-nus” (Latin for Protector ), was named bythe men and women of the St. Charles Po-lice Department. Of ficer Patronus stands inmemory of those who died in the line of dutyand in respect for those who serve today.

St. Charles, Missouri, Police Department Fallen Of fi cer Memorial Statue





Legal Digest

An Overview of the Americans

with Disabilities Amendments Act of 2008 BY LISA A. BAKER, J.D.

In 1990 when the Americanswith Disabilities Act (ADA)was signed, many heralded it as

the end to barriers in the workforcefor those with disabilities. Whilefilled with initial hope, disability ad-vocates soon became disillusioned asa result of what they perceived to bea judicially driven narrowing of theADA’s reach. Congress respondedto this frustration by enacting theAmericans with Disabilities Amend-ments Act (ADAAA), effective Janu-ary 1, 2009.1

This article provides an overview

of the changes brought about by theADAAA, which changed how thefundamental determination shouldbe made of whether an individualhas a disability. In addition to un-derstanding what the ADAAA did address, law enforcement managersalso should be aware of what hasnot changed. To this end, the articleclarifies that the ADA continues toprotect only those able to performthe essential functions of the job and

allows for employers to impose hir-ing and employment standards thatare job related and consistent withbusiness necessity.

August 2011 / 25 © Photos.com




Overview of the ADA

The ADA prohibits employ-ers from discriminating “against

a qualified individual with a dis-ability because of the disabilityof such individual in regard to job application procedures, thehiring, advancement, or dis-charge of employees, employeecompensation, job training, andother terms, conditions, andprivileges of employment.”2 The ADA exists to ensure thatindividuals with a disabilityhave access to equal employ-

ment opportunities and are judged based on their ability todo the job, not their disability.A “qualified individual” meetsthe prerequisites for the job,such as education and work ex-perience and, despite a qualify-ing disability, can performthe essential functions of the

position with or without a rea-sonable accommodation.3

The threshold inquiry is

whether the individual has adisability within the meaning of the ADA. Disability is definedas a physical or mental impair-ment that substantially limitsone or more major life activi-ties, a record of having such adisability, or being “regardedas” having a disability.4 Thedefinition and interpretation of what constitutes a disability wasthe focus of Congress’ efforts

to reinvigorate the ADA. Inenacting the ADAAA, Congressexpressly overruled severalSupreme Court rulings thatnarrowed the definition of dis-ability and rejected a provisionwithin the regulations enactedby the Equal Employment Op-portunity Commission (EEOC)

implementing the ADA, findingthat it restricted the definition of disability contrary to the origi-

nal intent of the act.5

Congress’ efforts focusedon the Supreme Court’s rul-ings in Sutton v. United Air Lines, Inc.6 and Toyota Mo-tor Manufacturing, Kentucky, Inc. v. Williams.7 These casesfocused on the interpretationof the definition of disabilitywith the Court stating that thedefinition must be “interpretedstrictly to create a demand-

ing standard for qualifying asdisabled.”8 The Court held thatthe key terms of the definition,including major life activity andsubstantial limitation, should beinterpreted narrowly. Major lifeactivity should only mean thoseactivities of “central importanceto most peoples’ daily lives.”9 The Supreme Court interpretedthe substantial “limitationprong” as requiring a showingthat the disability “prevents orseverely restricts” an individualfrom performing a major lifeactivity.10 The Court also readthe ADA to require consider-ation of the effects of correc-tive measures in determiningwhether someone is disabled.In Sutton, the Court held that “aperson whose physical or men-tal impairment is corrected by

medication or other measures(eyeglasses in this case) doesnot have an impairment thatpresently ‘substantially limits’ amajor life activity.”11 Thus, the

“

” Special Agent Baker is chief of the Legal Instruction Unit at the FBI Academy.

…the ADA continues to protect only those able to perform the

essential functions of the job and allows for

employers to impose…standards that are job

related and consistent with business necessity.



use of corrective measures thateffectively overcame the limita-tions caused by the impairment

led to a lack of protection underthe ADA. These decisions nar-rowed the pool of individualswho could seek protection infederal court under the ADA.

Major Life ActivityExpanded

The ADAAA rejects the Su-preme Court’s assessment thata major life activity is one of “central importance to most

peoples’ daily lives”12 in favorof a less stringent standard. Inaddition, the ADAAA providesfor a more expansive view of what constitutes a major life ac-tivity. The definition includesnot only the traditional activitiesof “caring for oneself, perform-ing manual tasks, seeing, hear-ing, walking…” but also major bodily functions, such as the“functions of the immune sys-tem, normal cell growth, di-gestive, bowel, bladder, neu-rological, brain, respiratory,circulatory, endocrine, and re-productive functions.”13 No lon-ger will plaintiffs have to dem-onstrate how a hidden intrinsiccondition impacts the level atwhich they function with re-spect to traditional tasks. Forexample, an individual who suf-

fers from Parkinson’s diseasewill not have to demonstratewhat traditional activity is im-pacted by the conditionbut rather the impact of the

the effects of the disabilityis appropriate in favor of aninterpretation that states consid-

eration of the existence of thedisability must be made withoutregard to corrective measuresexcept in the case of ordinaryeyeglasses and contact lenses.16 For example, hearing-impairedindividuals who with the useof a hearing aid can hear at alevel comparable with the restof the general population areconsidered disabled within themeaning of the ADA if their

unaided hearing is substantiallyimpaired.17

Congress also clarifiedthat conditions in remission orepisodic in nature constitute dis-abilities if the condition wouldsubstantially limit a major life

condition on neurological andbrain functioning.

Determination of Substantial Limits

In an effort to expand thereach of the ADA, Congressclarified that the word sub-stantially should be interpretedmore generously and not re-quire a showing of “prevents orseverely restricts.” Rather, asdescribed in the regulations im-plementing the ADA, the termsubstantially limits should allow

for “expansive coverage, to themaximum extent permitted bythe terms of the ADA.”14 Theregulations continue by stating“[a]n impairment is a disabilitywithin the meaning of this sec-tion if it substantially limits theability of anindividual toperform a major life activityas comparedto most peoplein the generalpopulation.”15

TheADAAA alsorejected theperspectivethat in assess-ing whethersomeone isdisabled,

considerationof whetherroutine, miti-gating mea-sures alleviate

August 2011 / 27

© Thinkstock.com




activity when active.18 Thiswas designed to reject judicialrulings concluding that certain

conditions are not disabilitieswithin the meaning of the ADAbecause the individuals wereonly impaired during infrequentepisodes. For example, in acase involving an epileptic, thecourt found that the conditiondid not constitute a disabilitybecause the individual was onlysporadically affected by shortseizures in which he experi-enced tremors and could not

speak.19

“Regarded As” Prong

Congress also lessenedthe threshold needed to satisfythe regarded as prong in thedefinition of disability. Previ-ously, to satisfy this componentof the definition of disability,individuals had to establish thatthe employer regarded them ashaving a disability that substan-tially limited a major life activi-ty.20 With the enactment of theADAAA, persons now meet thedefinition of having a disabilityif they establish that they havebeen the victim of unlawfuldiscrimination because of anactual or perceived disability“whether or not the impairmentlimits or is perceived to limit amajor life activity.”21

What Remains the Same

While the pool of individu-als who may claim the exis-tence of a disability certainly

has expanded with the recentchanges brought about by theADAAA and its regulations,

what remains unchanged is thatif an individual cannot performan essential function the jobrequires, that individual is notshielded from adverse employ-ment-related consequences. Forexample, in Hennagir v. Utah Department of Corrections,22 aphysician’s assistant employedby the Utah Department of Corrections (DOC) lost her

with or without a reasonableaccommodation.23

In Hennagir, the DOC

began requiring all medicaland clinical staff members atits Central Utah CorrectionalFacility to take and pass PeaceOf ficer Standards Training(POST) certification. This deci-sion followed a lengthy periodof review and consideration bymanagement after an attack on amedical technician by an inmatein the clinic. POST certifica-tion included an assessment of

physical strength, flexibility,and endurance. Initially, theDOC explored the idea of ex-empting existing staff from thisrequirement but decided againstthat approach.

In 2002, medical staff at thisfacility began participating inthe training. Hennagir attendedthe training but, due to variousphysical impairments, did notparticipate in the physical com-ponents. Because she did notobtain the POST certification,Hennagir was informed thatshe had to transfer to anotherfacility in a location in the statewhere the certification was notrequired or she would be fired.Hennagir refused the transfer,took medical leave, and, eventu-ally, went on long-term dis-ability to have hip and shoulder

surgery. During her absence,she pursued a claim of unlawfuldiscrimination on account of herdisability. This led to attemptsby the EEOC and DOC to

job when as a result of numer-ous physical impairments shecould not complete a mandatorysafety training requirement.While this case predates theeffective date of the ADAAA, itis insightful in that it interpretsthe second requirement of theADA, that individuals seeking

protection under the ADA mustestablish that they are quali fied individuals with a disability,meaning they can perform theessential functions of the job

”

In enacting the ADAAA, Congress

expressly overruled several Supreme Court rulings that narrowed

the de fi nition of disability….

“



August 2011 / 29

resolve her employment situa-tion, culminating in the DOC’soffer of a position at her current

facility that entailed reviewingand auditing patient care but didnot include her providing care.24 She refused this offer and, sub-sequently, was terminated, lead-ing her to sue under the ADA.

The Court of Appeals dis-missed her claim, concludingthat she failed to establish thatshe was a qualified individualwith a disability.25 It foundthat her physical condition did

constitute a disability withinthe meaning of the ADA.26 Thecourt then focused on whetherthe POST certification was anessential function of the job andif any reasonable accommoda-tion existed that would enableher to perform this necessaryfunction, recognizing that sheheld the burden of proof to es-tablish her ability to perform theessential functions of the job.27 The court began its analysisby deciding “whether [DOC]actually requires all employ-ees in the particular position tosatisfy the alleged job-relatedrequirement.”28 The evidenceclearly established that all phy-sician’s assistants at the facil-ity in question must be POSTcertified; the court found that noexceptions should be made. The

court also rejected Hennagir’sargument that because she washired under a policy that did notrequire the certification and shesuccessfully performed her du-ties for many years, it must not

be essential. The court rejectedthis argument, stating:

[T]he essential function

inquiry is not conducted as of an individual’s hire date. TheADA does not limit an em-ployer’s ability to establish orchange the content, nature, orfunctions of a job. We mustlook instead to whether a jobfunction was essential at thetime it was imposed onHennagir.29

the daily risks to medical per-sonnel that exist when interact-ing with patients and rejected

Hennagir’s argument that be-cause she had worked for manyyears in this capacity and neverhad an altercation that it mustnot be essential. In rejectingHennagir’s argument, the courtreferred to a similar situation inwhich a deputy sheriff had ar-gued that because an altercationseldom occurred, that weighedagainst its critical nature. In thatcase, the court concluded:

Although a deputy [sheriff]may be required to physi-cally restrain inmates onlyinfrequently, the potentialfor physical confrontationwith inmates exists on a dailybasis, and the consequencesof failing to require a deputyto perform this function whenthe occasion arises could be aserious threat to security.31

As Hennagir’s positionrequired regular contact withinmates, the court accepted theDOC’s determination that thecertification requirement is es-sential. Hennagir then arguedthat a reasonable accommoda-tion to her condition would befor the DOC to enable her to re-main in her position. However,the court rejected this argument,

recognizing that the theory be-hind a reasonable accommoda-tion “is to enable an employeeto perform the essential func-tions of h[er] job; an employeris not required to accommodate

The court then consideredthe DOC’s position that therequirement constituted an es-sential job function at the time itwas imposed, concluding that itis and rejecting Hennagir’s claimof unlawful discrimination. Inreaching this decision, the court

recognized that it must “weighheavily the employer’s judgmentregarding whether a job functionis essential.”30 In this regard, thecourt referenced the statementsby DOC executives regarding

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a disabled worker by modifyingor eliminating an essential func-tion of the job.”32

The DOC is not required toeliminate an identified essentialfunction, and no reasonableaccommodation was found thatwould enable her to performthis job requirement. Accord-ingly, her termination did notviolate the ADA.

The defensibility of identi-fying and enforcing job require-ments determined to be essen-tial is illustrated in Allmond v.

AKAL Security, Inc.33 In thiscase, a court security of ficeremployed by a private contrac-tor providing court security forthe U.S. Marshals Service wasfired after he could not pass anewly instituted hearing testdeveloped after a study by Dr.Richard Miller, Director of LawEnforcement Medical Programsfor the Of fice of Federal Occu-pational Health. In his findings,Dr. Miller identified severalhearing-related tasks deemedessential to the court securityof ficer position and recom-mended changes to the medicalstandards for the position. Thesechanges included a recommen-dation that court security of-ficers pass a hearing test with-out the use of a hearing aid toqualify for the position.34

The court security of fi

cerposition required passing pre-employment and annual medi-cal examinations. Allmond wasemployed by the contractor and

worked at a courthouse, but hefailed the medical examinationwith the new hearing test. His

employer subsequently firedhim, consistent with the con-tractual requirement with theMarshals Service.35 He sued,claiming unlawful discrimina-tion based on his disability.

standard or test is job relatedand consistent with businessnecessity.36 In describing the

reach of this defense, the courtstated:

Job-relatedness is used inanalyzing the questions orsubject matter contained ina test or criteria used by anemployer in making hiringor promotional decisions.Business necessity, in con-trast, is larger in scope andanalyzes whether there is abusiness reason that makes

necessary the use by an em-ployer of a test or criteria inhiring or promotional deci-sion making.37

Applying these standards,the court held that the hearing-aid ban at issue is job relatedas it assessed a medical qual-ification—a level of unaidedhearing—necessary to performthe essential functions of the

job of court security of ficer.In addition, the hearing aidban is consistent with businessnecessity as it was adopted“to ensure that all of ficers canperform their job safely andeffectively in the event theymust rely on their unaidedhearing.”38 Accordingly, thebusiness necessity defense barsAllmond’s claim of unlawfuldiscrimination.

Conclusion

As a result of several Su-preme Court cases interpretingthe ADA, Congress intervened

Rather than assessingwhether Allmond had a pro-tected disability, choosing to as-sume that he did, the court ruledagainst him on the basis thatpassing the hearing test withouta hearing aid is job related andconsistent with business neces-sity. The court recognized thatqualification standards, suchas the hearing standard in thiscase, that exclude individualswith a disability are generally

prohibited. However, disabilitylaws provide employers with anaf firmative defense for claimsof unlawful discrimination if the employer can show that the

”

…if an individual cannot perform an

essential function the job requires, that individual is not

shielded from adverse employment-related

consequences.

“



August 2011 / 31

and enacted the ADAAA withits stated purpose “to carry outthe ADA’s objective of provid-

ing ‘a clear and comprehensivenational mandate for the elimi-nation of discrimination’ and‘clear, strong, consistent, en-forceable standards addressingdiscrimination’ by reinstatinga broad scope of protection tobe available under the ADA.”39

What also must be factored intoemployment decision makingin this context is not just thethreshold inquiry of the exis-

tence of a disability but alsothe need to assess what aspectsof the job are essential as op-posed to marginal job functions,whether the individual can per-form those essential functionswith or without a reasonableaccommodation, and defendingemployment standards that mayhave an adverse impact on anindividual otherwise protectedby the law.

Endnotes1 ADA Amendments Act of 2008,

Pub.L.No. 110-325 (2008). On March

25, 2011, the Equal Employment Oppor-

tunity Commission (EEOC), responsible

for overseeing the implementation of the

Americans with Disabilities Act (ADA),

published regulations and interpretative

guidance. These regulations became effec-

tive May 24, 2011.2 42 U.S.C. § 12101, et seq.3 42 U.S.C. § 1211(8).4

42 U.S.C. § 12102(1).5 See ADA Amendments Act of 2008,

Pub.L.No. 110-325, § 2 (2008).6 527 U.S. 471 (1999).7 534 U.S. 184 (2002).

8 Toyota Motor Manufacturing, Ken-

tucky, Inc. V. Williams, 534 U.S. 184, 197

(2002).9 Id. at 198.10 Id.11 Sutton v. United Airlines, Inc., 527

U.S. 471 (1999).12 Id .13 42 U.S.C. § 12102(2)(B).14 Regulations to Implement the Equal

Employment Provisions of the Americans

with Disabilities Act, as amended, 76 Fed.

Reg. 58, 17000 (2011) (to be codified at 29

C.F.R. part 1630).15 Id.16 42 U.S.C. 12102(4)(E)(i)-(iii). This

subsection states:

(E)(i) The determination of whether an

impairment substantially limits a majorlife activity shall be made without regard

to the ameliorative effects of mitigating

measures such as—

(I) medication, medical supplies, equip-

ment, appliances, or low-vision devices

(which do not include ordinary eyeglasses

or contact lenses, prosthetics including

limbs and devices, hearing aids and co-

chlear implants or other implantable hear-

ing devices, mobility devices, or oxygen

therapy equipment and supplies;

(II) use of assistive technology;

(III) reasonable accommodations or

auxiliary aids or services; or(IV) learned behavioral or adaptive

neurological modifications.

(ii) The ameliorative effects of mitigat-

ing measures of ordinary

eyeglasses or contact

lenses shall be consid-

ered in determining

whether an impairment

substantially limits a

major life activity.17 In commentary to

the regulations implement-

ing the ADAPA, the U.S.

Department of Labor cited thefollowing examples of cases with

outcomes now contrary to the law:

Orr v. Wal-Mart Stores, Inc., 297

F.3d 720 (8th Cir. 2002) (court held

that in considering whether the plaintiff

was disabled within the meaning of the

ADA, it must consider the ameliorative

effects of plaintiff’s regime of medicine,

exercise, and diet and refused to considerthe effects of the plaintiff’s uncontrolled

diabetes on the major life activities of

seeing, speaking, working, etc.); Gonzales

v. National Bd. Of Med. Examiners, 225

F.3d 620 (6th Cir. 2000) (court found that

an individual with a diagnosed learning

disability was not substantially limited

based on the individual’s adaptive skill to

overcome this condition enabling him to

read and achieve academic success); and

McMullen v. Ashcroft, 337 F.Supp.2d 1281

(D.Wyo. 2004) (employee fired because

of clinical protection did not have a claim

under the ADA because of the successfulmanagement of the condition with medica-

tion for 15 years). See source cited infra

note 14 at 17010.18 42 U.S.C. § 12102 (4)(D).19 See source cited infra

note 14 at 17011, citing

Todd v. Academy Corp. , 57

F.Supp.2d 448 (S.D.Tex.

1999).20 Sutton v. United Air Lines,

Inc., 527 U.S. 471 (1999). In

addition to rejecting this ruling,

Congress sought to reinstate the

Supreme Court’s ruling in School Board of Nassau County v. Arline, 480

U.S. 273 (1987), which established a

broad view of the “regarded as” prong

within the definition of disability in

ust 20 1 /

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the Rehabilitation Act of 1973. See ADA

Amendments Act of 2008, Pub.L.No.

110-325, § 2(b)(3) (2008). In Nassau,

the Supreme Court recognized that an

individual who is discriminated against onaccount of “[s]ociety’s accumulated myths

and fears about disability and disease” is

as adversely affected by discrimination as

someone who in fact has an impairment

and, thus, should not have to show any-

thing other than discriminatory treatment

based on this perception. Nassau at 284.21 42 U.S.C. § 12102(3)(A). The statute

further provides that this definition does

not apply to conditions that are transient

and minor. See 42 U.S.C. § 12102 (3)(B).22 587 F.3d 1255 (10th Cir. 2009),

amending and superseding Hennagir v.

Utah Department of Corrections, 581 F.3d1256 (10th Cir. 2009).

23 42 U.S.C. § 12111 (8).24 Hennagir at 1261-1262.25 Id. at 1263-1264.26 Id . at 1259-1260.

27 Id at 1262.28 Id . at 1262, quoting Davidson v.

America Online, Inc., 337 F.3d 1179, 1191

(10th Cir. 2203).29 Id., quoting Milton v. Scrinver, Inc.,

53 F.3d 1118, 1124 (10th Cir. 1995).30 Id . at 1263.31 Id . at 1263, quoting Hopkins v.

Oakland County Sheriff ’s Department, 227

F.3d 719, 727 (6th Cir. 2000).32 Id. at 1264, quoting Matthews v.

Denver Post, 263 F.3d 1164, 1168-1169

(10th Cir. 2001).33 558 F.3d 1312 (11th Cir. 2009). This

case was litigated under the ADA, as well

as the Rehabilitation Act of 1973, codified

at 29 U.S.C. 701, governing disability

discrimination in the federal workplace.

34 Id . at 1315.35 Id .36 Id. at 1316. See 42 U.S.C. § 12113

(a). The ADAAA amended the qualifica-

tions standards and testing section of the

ADA by adding the following language:

(C) Qualification Standards and

Tests Related to Uncorrected Vision—

Notwithstanding section 3(4)(E) (ii), a

covered entity shall not use qualifica-

tion standards, employment tests, orother selection criteria based on an

individual’s uncorrected vision unless

the standard, test, or other selection

criteria, as used by the covered entity,

is shown to be job related for the posi-

tion in question and consistent with

business necessity.37 Id . at 1317 (citation omitted).38 Id .39 Pub.L.No. 110-325 (2008).

Law enforcement of fi cers of other than

federal jurisdiction who are interested

in this article should consult their legal advisors. Some police procedures ruled permissible under federal constitutional

law are of questionable legality under

state law or are not permitted at all.

Wanted:

Notable Speeches

he FBI Law Enforcement Bulletin seeks for its Notable Speech department transcripts of presentations made by criminal justice professionals. Anyone who has delivered a speechT

recently and would like to share the information with a wider audience may submit a tran-script of the presentation to the Bulletin for consideration.

As with article submissions, the Bulletin staff will edit the speech for length and clarity,but, realizing that the information was presented orally, maintain as much of the originalflavor as possible. Presenters should submit their transcripts typed and double-spaced on8 ½- by 11-inch white paper with all pages numbered, along with an electronic version of thetranscript saved on computer disk, or e-mail them. Send the material to: Editor, FBI Law En-

forcement Bulletin, FBI Academy, Quantico, VA 22135, or to [email protected].




Bulletin Notes

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

challenge freely and unselfishly while answering the call to duty. In certain instances, their actions

warrant special attention from their respective departments. The Bulletin also wants to recognize

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

Officer Sommer Officer Nagel Officer Clemmons

Officer Toothaker

In the early morning hours,three Vandalia, Ohio, Division of Police of ficers went above andbeyond the call of duty to assistresidents of an apartment com-

plex that was engulfed in flames.Of ficer Rich Sommer arrived onthe scene first and heard peoplescreaming for help while trappedinside the building. One womanstood on her balcony and held a

small child as flames roared behind them and smoke rolled over their heads. Sommer acquired ablanket from a neighbor and told the mother to drop the toddler into it; he and Of ficer Doug Nagelheld the blanket open as the mother releasedthe child from two floors above. Nagel and Of-ficer Damien Clemmons assisted the womanto the ground to reunite mother and child, bothuninjured. Then, Of ficer Sommer directed hiscolleagues to different apartments to evacuateresidents from the burning apartments.

Of ficers from the Wakefield, Massachusetts, Police Department re-sponded to a call for a man threatening to commit suicide. Upon arrival atthe residence, of ficers witnessed the distraught young man in an argumentwith his father, who was bleeding from the head. When the subject observedPatrol Of ficer Amy Toothaker, he picked up a butcher knife, held it over hishead, and threatened to kill her. Toothaker immediately drew her serviceweapon, distanced herself from the man, and prepared to defend herself.She engaged the subject in discussion, and, after a tense standoff, convincedhim to put down the knife. Then, she and the other of ficers managed to settlethe subject and arrange for his transport to a mental health facility.

Nominations for the Bulletin Notes should be basedon either the rescue of one or more citizens or arrest(s)

made at unusual risk to an officer’s safety. Submissionsshould include a short write-up (maximum of 250 words),a separate photograph of each nominee, and a letterfrom the department’s ranking officer endorsing thenomination. Submissions can be mailed to the Editor,FBI Law Enforcement Bulletin , FBI Academy, Quantico,VA 22135 or e-mailed to [email protected] .



Patch Call

The patch of the Lake City, South Carolina,Police Department is in the shape of the state anddisplays the half-moon and palmetto tree, likeSouth Carolina’s flag. The Challenger space shut-tle honors Ron McNair, an astronaut from LakeCity. Rays of the sun feature the words “honor,”“justice,” “peace,” “integrity,” and “respect,”character traits of a police of ficer.

At the right of the patch of the Gladwin,Michigan, Police Department, a cedar tree repre-sents the logging industry, as well as the fact thatthe city of Gladwin originally was called the vil-lage of Cedar. The gear represents the industrialnature of the area. Also featured is a silhouette of the state of Michigan with the location of Glad-win identified.

Patch Call

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