Part 1: The Basis for Modern Policing Chapter 3: Police Jurisdiction

1. Part 1: The Basis for Modern PolicingChapter 3: Police Jurisdiction

2. This Chapter will enable you to… • Understand the operational roles ofvarious police agencies. • Learn the different types of lineand staff services provided bypolice agencies. • Learn the new structure of federallaw enforcement agencies. • Understand the new priorities of federal law enforcement. • Understand the specific duties of officers workingas municipal, county, and state police.

3. This Chapter will enable you to… • Distinguish between variousagencies operating at thefederal level. • Determine how private policingdiffers/interacts with public-sector policing.

4. POLICE JURISDICTION • Law enforcement agencies receive much credit when the news concerning crime in this country is good. • And the lion's share of the blame when it is bad. • Police officers symbolize our criminal justice system for many Americans who may never see the insideof a courtroom or a prison cell. • The role of the police is constantly debated as well. • Is their primary mission to fight crime? • Should they also be concerned with social conditions that presumably lead to crime?

5. POLICE JURISDICTION • U.S. policing exists in a system of checks & balances, operating in the executive branch of government. • The framers of our Constitution believed certain guiding principles should govern police work in a modern society. • There is a fundamental assumption that a police organization & the community it serves should agree on values that guide police policy and crime control. • Although the police culture has remained basically stable over the past few decades, the culture of the community is anything but predictable, with dramatic demographic changes occurring constantly.

6. THE NUMBER OF POLICE • Police work is a "multilayer ring" of law enforcement, with over 14,330 law enforcement agencies in the United States employing nearly 990,000 people. • 3,088 sheriff's departments. • 1,332 special police agencies. • 49 state police departments. (Hawaii is the exception) • 70 federal law enforcement agencies. • Though most police sworn personnel are classified as full-time, many have part-time employee status. • In addition to sworn officers, many nonsworn or civilian personnel positions exist in police agencies.

7. THE NUMBER OF POLICE • Civilian personnel have no statutory power to make arrests or perform other special police functions. • They perform secondary support or staff functions. • Police agencies are unique in size, operation, and mission, with great autonomy in which administrative & functional decisions are made in-house. • Each operates within the framework of a larger bureaucratic structure. • The FBI is located in the Department of Justice, which exists within the framework of the federal government.

8. THE NUMBER OF POLICE • Most police agencies enjoy broad powers of discretion, with each afforded a mission to guide its function & help establish enforcement priorities. • Departments usually focus efforts on controlling crimes& situations posing greatest concern to the community.

9. THE EXPANSION OF FEDERAL LAW ENFORCEMENT • The 1967 Report of the U.S. President's Commission on Law Enforcement and Administration of Justice emphasized the need for greater federal involvement in local crime control. • Urging federal grants support criminal justice efforts. • Congress has allocated billions of dollars and passed legislation to deal with street crime, the war on drugs, violent crime, terrorism & juvenile delinquency. • Because many crimes span state borders, we no longer think of crimes as being committed at a single location within a single state.

10. THE EXPANSION OF FEDERAL LAW ENFORCEMENT • Congress has expanded the powers of the FBI and other federal agencies to pursue criminal activities formerly the responsibility of the states. • Disputes over jurisdiction may occur when an offense violates both state & federal laws, and if the FBI and local agencies do not cooperate, they may each be pursuing the same criminals. • This can have major implications if the court to which the case is brought is determined by the arresting agency. • Usually, law enforcement officials at all levels of government seek to cooperate & coordinate efforts.

11. THE EXPANSION OF FEDERAL LAW ENFORCEMENT • After the September 11 attacks, the FBI and other law enforcement agencies focused resources and efforts on investigating and preventing terrorist threats against the United States. • So many FBI agents were switched to antiterrorist initiatives that some observers claimed other federal crimes were no longer being vigorously investigated. • The reorientation of the FBI's priorities is just one aspect of changes in federal government agencies as they address the threat of terrorism.

12. THE EXPANSION OF FEDERAL LAW ENFORCEMENT • The Transportation Security Administration (TSA) assumed responsibility for protecting travelers and interstate commerce. • Most importantly, responsibility for screeningpassengers & luggage at airports. • The biggest change in criminal justice occurred in November 2002, when Congress acted to create a new Department of Homeland Security (DHS). • To centralize administration & coordination of existing agencies scattered through many departments.

13. FEDERAL LAW ENFORCEMENT AGENCIES • Federal agencies are authorized, typically by Congress, to enforce specific laws or attend to specific situations. • Unlike local police, who deal with all forms of crime. • The federal government maintains about 50 agencies that play a role in law enforcement. • Federal agents possess full police powers, carry guns and badges, make arrests, collect evidence, and testify in criminal court proceedings. • It can be easy to become confused about theauthority of federal law enforcement agencies.

14. FEDERAL LAW ENFORCEMENT AGENCIES • Federal agencies are authorized to enforce only federal statutes enacted by Congress. • Specialization & relatively narrow focus of authority characterize federal law enforcement agencies. • Congress has been reluctant to empower any one agency with too much federal enforcement authority. • Preventing a "national police." • Federal law enforcement has two related objectives: • 1. To enforce the federal criminal code • 2. To give officers specialized training to aid them intheir enforcement role

15. ADDRESSING THETERRORISM THREAT • In the aftermath of the September 11, 2001 attacks,it became obvious that the nation was not prepared to deal adequately with the threat of terrorism. • One reason is the very nature of American society. • Sensing this problem, law enforcement agencies around the country began to realign their resources to combat future terrorist attacks.

16. THE DEPARTMENT OF HOMELAND SECURITY • On November 19, 2002, Congress passed legislation authorizing the creation of the new cabinet-level Department of Homeland Security (DHS). • “…providing for intelligence analysis and infrastructure protection, strengthening our borders, improving the use of science and technology to counter weapons of mass destruction, and creating a comprehensive responseand recovery division." • Under the legislation, signed by President Bush, the office folded existing agencies within its frameworkto create a super-agency with four divisions.

17. BORDER & TRANSPORTATION SECURITY • DHS is responsible for securing our nation's borders & transportation systems, including 350 ports of entry. • The department manages who and what enters the United States and works to prevent entry of terrorists and the instruments of terrorism. • The border security mission incorporates the… • Customs Service; INS and Border Patrol. • The Animal and Plant Health Inspection Service. • The TSA. • The Federal Protective Service. • The U.S. Coast Guard.

18. EMERGENCY PREPAREDNESS AND RESPONSE • The DHS ensures preparedness of emergency response professionals, provides the federal government's response & aids America's recovery from terrorist attacks and natural disasters. • To fulfill these missions, the DHS incorporates FEMA. • The department will coordinate the involvement of other federal response assets such as the National Guard, in the event of a major incident.

19. SCIENCE & TECHNOLOGY • The DHS leads the federal government's efforts in preparing for & responding to the full range of threats involving weapons of mass destruction. • The mission includes exercises & drills for federal, state, and local chemical, biological, radiological, and nuclear (CBRN) response teams and plans. • The department also works to prevent importation of nuclear weapons and material. • It also develops, deploys, manages, and maintains a national system for detecting use of biological agents.

20. INFORMATION ANALYSIS & INFRASTRUCTURE PROTECTION • The DHS analyzes legally accessible information from multiple available sources. • Including intelligence, CIA, FBI, National Security Agency, and local law enforcement. • The DHS protects the nation's cyber-infrastructureby unifying & focusing key cyber-security activities. • The department augments those capabilities with the response functions of the Federal Computer Incident Response Center.

21. CUSTOMS & BORDER PROTECTION • The priority mission of CBP is to prevent terrorists & terrorist weapons from entering the United States. • The transition to cbp.govis a work in progress. • CBP also is responsible for… • Apprehending those attempting to enter the U.S. illegally. • Stemming the flow of illegal drugs & other contraband. • Protecting our agricultural & economic interests from harmful pests and diseases. • Protecting business from theft of intellectual property. • Regulating & facilitating international trade, collecting import duties, and enforcing U.S. trade laws.

22. Fig. 3.1 Armed National Guard personnel in U.S. airports became common in the aftermath of terrorist bombings of September 11, 2001. CUSTOMS & BORDER PROTECTION • To accomplish its missions, CBP has a workforce of more than 40,000 dedicated employees. • Inspectors, canine enforcement officers, border patrol agents, trade specialists, and mission support staff. • The U.S. is combining skills &resources to make the countrymore effective & efficient thanwhen border responsibilitieswere fragmented into fouragencies in three departments.

23. BUREAU OF IMMIGRATION & CUSTOMS ENFORCEMENT • In March, 2003, several border & security agencies, were reorganized into the Bureau of Immigration and Customs Enforcement (ICE ), part of the DHS. • The ICE comprises the following program areas: • Immigration Investigations. • Customs Investigations. • Customs Air and Marine Interdiction. • Federal Protective Service. • Detention and Removal. • Immigration Intelligence. • Customs Intelligence.

24. THE DEPARTMENT OF JUSTICE • The U.S. Department of Justice role in controlling crime comes through police practices, prosecution, crime prevention, and rehabilitation of offenders. • Within the Department are the FBI, the DEA, and the U.S. Marshal's Service. • The terrorist attacks of 2001 necessitated some degree of reorganization within the DOJ. • Of the 65 components of the Department of Justice, organizations having the greatest responsibility for law enforcement are the FBI, DEA, ATF, the U.S. Marshal's Service, and the U.S. Attorney's Offices.

25. FEDERAL BUREAUOF INVESTIGATION • Originally established in 1908, the bureau was active in countering German espionage during World War I. • Like many police organizations operating during thisera, the FBI was inundated with political appointees. • During this period, young J. Edgar Hoover began hiscareer as a law clerk with the Department of Justice. • In 1918 he was promoted to the General Criminal Investigation Division, pursuing communist agents. • In 1921, Hoover was named FBI assistant director. • His progression to director of the bureau in 1924 was almost soley due to the Teapot Dome scandal.

26. FEDERAL BUREAUOF INVESTIGATION • During the 1930s, the FBI gained notoriety in its relentless pursuit of well-known criminals who had made the bureau's famous “ten most wanted” list. • Machine Gun Kelly; Baby Face Nelson; Pretty Boy Floyd; Bonnie Parker & Clyde Barrow; John Dillinger. • In 1935, the bureau changed its name to the FBI, and today employs over 21,000 people. • 9,000 of whom are special agents, in 59 field offices, with jurisdiction extending to some 200 crimes. • The FBI is famous for its Identification Division, which operates the bureau's automated fingerprint service.

27. FEDERAL BUREAUOF INVESTIGATION • The bureau's Intelligence Division gathers and analyzes data on composition and movement of terrorists and organized criminal organizations. • In 2002, made protecting the U.S. from terrorist attacks its top commitment. • Hiring agents with scientific & technological skills, proficiency in priority foreign languages and backgrounds such as counter-intelligence, counterterrorism & military intelligence. • The cyber-division handles investigations involving the Internet, computer systems & networks.

28. DRUG ENFORCEMENT ADMINISTRATION • The DEA had its beginnings with the passing of the 1914 Harrison Narcotics Act, under Woodrow Wilson. • Viewed by many as a rational way to limit addictionand drug abuse through taxation & regulation. • One measure of the act called for criminal penalties for "nonregistered" personnel who possessed heroin, cocaine, opium, morphine, or their derivatives. • The Bureau of Internal Revenue's "Miscellaneous Division" was charged with enforcement of the act. • Rigorous enforcement of the act made enforcement history through a literal interpretation of the law.

29. DRUG ENFORCEMENT ADMINISTRATION • The 1919 Volstead Act was enacted to enforce the Eighteenth Amendment, and an immense prohibition unit formed & operated under the Revenue Bureau. • A small narcotics division within the bureau became the Federal Bureau of Narcotics (FBN) in 1930. • Headed by Harry Anslinger, a Herbert Hoover appointee. • Experts attributed Anslinger's effectiveness to his being… • “…successful in cultivating and sustaining solid political ties … making him virtually immune to opposition within or outside federal government."

30. DRUG ENFORCEMENT ADMINISTRATION • In the 1930s, marijuana, not covered in the Harrison Act, was deemed to be a major problem. • Under public pressure, Congress passed the 1937 Marijuana Tax Act, requiring a fine of $100 for each ounce of possession of nontaxed marijuana. • The 1951 Boggs Act made it illegal for heroin to be distributed in any fashion, including prescriptions. • The 1960s saw an increase in drug trafficking & abuse. • The major problem of synthetic drugs led to the 1968 creation of the Bureau of Narcotics and Dangerous Drugs (BNDD).

31. DRUG ENFORCEMENT ADMINISTRATION • As popularity of cocaine, LSD & PCP increased, Congress passed the Comprehensive Drug Abuse Prevention and Control Act of 1970. • This new law updated all previous federal legislationand was the basis for all federal enforcement initiatives. • It established five schedules to classify substances according to their potential for abuse. • In 1973, the old BNDD was merged with other federal drug control agencies, and the Drug Enforcement Administration (DEA) was originated and placed under the Department of Justice.

32. Fig. 3.2 Drug Enforcement Administration agent with automatic weapon guarding a large seizure of multiple kilos of cocaine in Miami, Florida. DRUG ENFORCEMENT ADMINISTRATION • The DEA's charge is to focus on • “…most significant individuals and organizations involved in drug trafficking both domestically and internationally." • Investigations may entail foreign & domestic criminal operations. • The DEA adopted a "floating" enforcement strategy, shiftingto meet demands of traffickers who are always changing their methods.

33. TREASURY DEPARTMENT DUTIES & FUNCTIONS • U.S. Treasury's enforcement functions focus on counterterrorist financing, money laundering and other financial crimes, counterfeiting, violent crime, tariffs, trade enforcement & economic sanctions. • The undersecretary is responsible for coordinatingall Treasury Department law enforcement matters.

34. CHANGES IN TREASURY DEPARTMENT ORGANIZATION • In March 2003, the Federal Law Enforcement Training Center, the United States Secret Service, and the United States Customs Service were moved to the DHS from the Department of the Treasury. • Law Enforcement functions of the Bureau of Alcohol, Tobacco, Firearms, and Explosives was transferredto the Department of Justice. • The Alcohol Tax and Trade Bureau was created to enforce & administer the laws covering production, use, and distribution of alcohol & tobacco products.

35. FINANCIAL CRIMES ENFORCEMENT NETWORK • The Financial Crimes Enforcement Network (FinCEN) brings people & information togetherto fight the problem of money laundering. • FinCEN is a small bureau of about 200 employees. • Most of the staff are intelligence professionals, financial specialists and computer experts. • About 40 long-term "detailees" are assigned to FinCEN from 21 regulatory & law enforcement agencies.

36. FINANCIAL CRIMES ENFORCEMENT NETWORK • FinCEN uses counter-money laundering laws of the Bank Secrecy Act (BSA) to require reporting & record keeping by banks and other financial institutions. • Preserving a financial trail for investigators to followas they track criminals and their assets. • The BSA also requires reporting suspicious currency transactions that could trigger investigations. • FinCEN's work is concentrated on combining data reported under the BSA with other government and public information. • This information is then disclosed to law enforcement.

37. STATE-LEVEL POLICE AGENCIES • The most visible state law enforcement agency isthe state police or highway patrol agency. • Historically, state police agencies were created for four reasons: • To assist local agencies, without adequate resourcesor training to handle their law enforcement tasks • To investigate criminals or committees that cross jurisdictional boundaries. • To provide law enforcement in rural and other areasthat do not have local or county police agencies • To break strikes and control labor movements

38. STATE-LEVEL POLICE AGENCIES • State police agencies have statewide jurisdiction, authorized to perform a variety of enforcement tasks. • They provide the same services as city or county police departments, limited only by the boundaries of the state. • Highway patrols authority is limited either by their jurisdiction or specific types of offenses they havethe authority to control. • Most highway patrols concentrate on regulating traffic, and limit their activity to state and federal highways. • Trying to determine what state agency has which duties can be confusing.

39. STATE-LEVEL POLICE AGENCIES • 35 states have investigative agencies that are independent of the state police or Highway Patrol. • Each state has its own methods of determiningthe jurisdictions of these various organizations. • State police are usually complementary to law enforcement agencies, run crime labs to assist local investigations & keep statewide intelligence files. • State police officers patrol state parks, protect state legislative personnel & properties, conduct motor vehicle license examinations, enforce fish and wildlife laws, and evaluate permits for pistols.

40. STATE-LEVEL POLICE AGENCIES • During emergencies such as civil disturbances, state police are commonly brought in for support. • In some jurisdictions, highway patrol organizations may employ investigators to probe certain types of criminal activity, such as organized crime, vice, drug violations, fraud, and gambling. • Most states employ officers to enforce safety and health codes, such as the state fire marshal's office. • Many other examples of state-level enforcement agencies exist.

41. THE COUNTY SHERIFF • A vestige of the English Shire Reeve, the sheriff is still an important figure in American law enforcement. • Almost every one of the more than 3,000 counties inthe United States (except those in Alaska) has a sheriff. • In every state except Rhode Island and Hawaii, sheriffs are elected by members of the community. • The sheriff is also a politician, and when elected, will sometimes repay political debts by appointing new deputies or promoting those who have given support. • Over the years, the function of the county sheriffhas become infused with local politics.

42. THE COUNTY SHERIFF • It has been suggested to abolish the constitutional authority of the sheriff and empower the office with statutory powers only. • Replacing the department with a police organization under the direction of a county board of commissioners. • Under this plan, county law enforcement would operate free of political influence. • Besides countywide police and sheriffs' departments, other local police personnel operate within counties. • Constables, marshals, or police officers, enforce the law in communities, such as villages, townships & boroughs.

43. THE MUNICIPALPOLICE FUNCTION • The local officer is responsible for a wide spectrumof duties, from noise complaints to homicides. • Much criticism of local police departments is based on belief that local police are too underpaid or poorlytrained to handle these various responsibilities. • City police derive authority from the state constitution & administrative operations are defined by each municipal government.

44. THE MUNICIPALPOLICE FUNCTION • Today's city police structure includes the following characteristics: • The adoption of a civil service system. • Nomination by petition. • Initiative, recall, and referendum. • The short ballot. • The council-manager form of government. • Nonpartisan elections.

45. THE MUNICIPALPOLICE FUNCTION • Police activities can be divided into two basic functions: line and staff. • Line functions involve activities that result in directly meeting police service goals. • Staff functions help administrators organize &manage the police agency.

46. LIMITED PURPOSEPOLICING AGENCIES • A wide variety of limited-purpose policing agencies have sprung up in each of the 50 states. • Many have alcoholic beverage control commissions. • Most states have fishing & game warden organizations. • Motor vehicle compliance (MVC) agencies monitor interstate carriers or trucks. • Other limited-purpose policing agencies deal with white-collar & computer crime, regulate nursing homes, and provide training to local police departments.

47. Fig. 3.3 A motorist receivesa traffic citation from an officer. POLICE LINE FUNCTIONS:Patrol • At the center of police activities is patrol, involving deployment of uniformed police personnel on footor in vehicles in designated areas or districts. • Duties performed by patrol officersinclude making arrests, interviewingwitnesses, victims, and suspects, controlling crowds, intervening in family disturbances & public disputes,and providing many services tothe general public.

48. POLICE LINE FUNCTIONS:Investigation • Specialists in criminal investigation, called detectives, help to solve crime by skillfully questioning witnesses and suspects, gathering evidence at crime scenes, and tracing stolen property. • Detectives investigate a number of violations, including crimes against persons & crimes against property

49. POLICE LINE FUNCTIONS:Vice Operations • Vice operations are aimed at activities that destroy the physical, mental, and moral health of the public. • Focused on gambling, drug & liquor violations, pornography, and prostitution. • Vice detectives often become involved in organized crime investigations. • The patrol division is a key supplier of informationon persons suspected of wrongdoing.

50. POLICE LINE FUNCTIONS:Traffic Enforcement • The traffic enforcement division of the municipal police department seeks voluntary citizen compliance with traffic regulations. • An important relationship exists between traffic enforcement & other police services. • Stopping a motorist for a routine vehicle check canoften result in an arrest for possession of firearmsor illegal drugs.