Newsletter August 2009
in this issue
Forfeiture and Patrol
Retired On Duty
Confrontational vs. Non- Confrontational Interviews
Officer down

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Patrol officers and asset forfeiture: For success, follow Murphy's Law


by Rob Garver, Editorial Director of AssetRecoveryWatch.com, - website for professionals working to win back the proceeds of crime.

John Murphy, the former head of the asset forfeiture unit of the New York Police Department, is a nationally-recognized expert on recovering the proceeds of crime and is in great demand as an asset forfeiture trainer. He is also a member of the AssetRecoveryWatch.com editorial board and was a featured speaker at the Asset Forfeiture 2009 Global Conference.

In an interview with AssetRecoveryWatch.com editorial director Rob Garver, he discussed training patrol officers to recognize potential forfeiture cases at the onset of an investigation, and making sure they understand what steps to take to maximize the probability of success. He also shared insights on what key skills a supervisor needs to instill in asset forfeiture specialists, and on how to successfully integrate an asset forfeiture unit into a department.

Q: It's clear that a solid asset forfeiture case often has to begin with the beat cop responding to a call or coming across suspicious activity. However, many rank and file officers have little training in asset forfeiture. What are some of the key operational things a supervisor should make sure officers understand in order to maximize forfeiture success?

A: Possession of money is not a crime - however, possession of large sums of cash is unusual and may be indicative of criminal activity. When an officer responding to a call for service or making a traffic stop encounters a person possessing large sums of cash, it is important that they have the knowledge they need to spot and effectively address potential criminal activity.

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VETERAN OFFICERS: BE A MENTOR

I remember looking at the "old guys" at the office when I first became a cop.  They would come to work with the uniform wrinkled, an old revolver strapped to their hip that looked like it hadn't been cleaned in a year, no vest with a daily agenda of how little can I do and where am I going to eat lunch.  We called those guys "ROD", or retired on duty.  I told myself I would never become one of them.

But after years and years of seeing what we see, children neglected and abused, drug dealers and habitual drunk drivers getting off on light sentences over and over, the bull crap of political red tape and favoritism within the department, I started to realize how those "ROD" guys became the way they were.

But then, something inside of me told me that staying on top of my game would have to be a choice, even a fight not to morph into an unproductive officer.  So on those days when I wanted to throw in the towel, I find myself making little choices to keep my mind and body in the best shape to be an effective cop.


article continues >>

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Shane Sturman CFIâ, President of Wicklander-Zulawski & Associates, Inc. (WZ) discusses the differences between Confrontational vs. Non-Confrontational interview and interrogation techniques.
http://www.w-z.com/

There are really only two ways to interrogate a suspect, either by being aggressive or using non-confrontational methods.   Some interrogators think being aggressive brings admissions that would be obtainable in no other way.  Certainly, Jack Bauer, on the TV show 24, would agree since he extracts information in ways that violate the Constitution and the Geneva Convention.  Still, it is interesting how the use of aggression is a favorite approach.  The military refers to it as the "fear up" technique; police the "good cop/bad cop", but regardless, it confronts the individual on his primal emotional level, fear. 

What is even more interesting, these aggressive methods contradict the most successful techniques used by American and German interrogators during World War II.  A common thread between the most successful World War II interrogators was the use of rapport to open lines of communication between the interrogator and his subject.  Yet in light of the success of the non-confrontative approach, investigators continually return to a confrontational interview or interrogation style.

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WITH BRIAN MCKENNA

Mission: As unpleasant as it may be to critique the actions of fellow officers who have been injured or killed in the line of duty, it is even more distasteful to see a fellow officer's blood shed in vain, to deny others the lessons to be learned from these incidents. The purpose of this column is not to criticize, but to learn from the mistakes, and -- perhaps even more importantly - the triumphs of those who have faced lethal violence firsthand. With this in mind, this column is dedicated to the officers whose blood was spilled in the course of the incidents it analyzes, and to all our fellow officers who have been killed and injured in unselfish service to their communities.  

Questionable-Risk Assignments Officer Nick Ekovich wasn't particularly concerned as he pulled to the curb next door to the beauty salon. Hang-up calls to 911 were even more common in his city than in most places, and they were unfounded almost without exception. In fact, bogus 911 hang-up calls were so common, and the workload so heavy (due to recent deep manpower cuts), that the officers had gotten into the habit of canceling their backup as soon as they were dispatched to them. Even though the field supervisors had recently put a stop to this practice, no one really took 911 hang-ups very seriously.

In this case, it was especially easy to take the call lightly, because Ekovich had just cruised past the salon a short time before and nothing had appeared out of the ordinary. Besides, there had been no other calls for help from the salon, and it was mid-afternoon - hardly a peek time for robberies or other violent business crimes - on the Friday before the Labor Day weekend, a popular time for small businesses to close early. Ekovich had pretty well concluded that the call was unfounded; an assumption that was bolstered by what he saw when he arrived. All the lights in the front room were dark, while the lights in the back rooms were still on. From all appearances, the salon was about to close and the staff was cleaning up in the back. Nevertheless, Ekovich, 51 years old and a 25-year veteran of the city police department, knew better than to take any unnecessary chances. He eased up to the near corner of the salon, positioned himself off to the side and looked inside. It was a clear, warm day, and plenty of the late summer sunlight shown through the window, making it rather easy to see inside. Ekovich paused to give the scene a good look, and saw a young woman walking across the hall that led to the back door. She appeared to have come from a room on the right, and was heading toward a door on the left (later determined to be the color room and bathroom respectively).  

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