Policing america challenges and best practices 8th edition

Book Reference

Peak, K. J. (2015). Policing America: Challenges and Best Practices (8th ed). Upper Saddle River, NJ: Pearson Education, Inc.

10 Federal and State Agencies Protecting Our Borders and Freedoms

LEARNING OBJECTIVES

As a result of reading this chapter, the student will be able to:

0 List the major organizations that compose the Department of Homeland Security and their primary functions

f) Explain the functions of the primary law enforcement agencies within the Department of Justice as well as other major organizations

8 8

0

Describe where and how federal agents are trained

Explain the purposes of the Uniform Crime Reports and the National Crime Information Center

Describe the types of state-level police and law enforcement agencies, as well as their various functions

256 ...

Introduction In large measure, this chapter reflects the impact of the events of September 11, 2001, when foreign terrorists attacked the United States on its own soiL No segment of the U.S. society was altered more than the nation's

police organizations, particularly the federal law enforcement agencies (local police agencies will be discussed in Chapter 11). Therefore, this chapter examines how our federal and state law enforcement agencies are now

structured and function, particularly during this time when our nation's very existence depends on the ability

to be proactive to prevent more terrorist attacks.

This chapter begins with a broad view of federal law enforcement agencies that possess arrest and firearms

authority, and then it focuses on the major agencies and offices that comprise the Department of Homeland

Security (DHS). Next is a discussion of the U.S. Department of Justice and its four primary law enforce-

ment organizations: the Federal Bureau of Investigation (FBI); the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); the Drug Enforcement Administration (DEA); and the U.S. Marshals Service (USMS); included

in this chapter section is an exhibit describing the role and functions of the International Criminal Police

Organization, or INTERPOL. Then the chapter reviews the functions of three related organizations: the Central

Intelligence Agency (CIA); the Criminal Investigation Division of the Internal Revenue Service (IRS); and the

Federal Law Enforcement Training Center (FLETC) Next is an overview of state agencies, to include types and

duties. Included at the chapter's end are a discussion of some career requirements and considerations, a sum-

mary, key terms, review questions, and several scenarios and activities providing opportunities for you to learn

by doing. Also note that terrorism will be discussed more fully in Chapter 12, including legislation that gives the aforementioned federal agencies greater authority for preventing and combating such acts.

~ Federal Law Enforcement Agencies with Arrest and Firearms Authority

This section describes the major law enforcement arms of the federal government, most of which are found within DHS and the Department of Justice. (Note: As can be seen in Figure 10-1 • , bear in mind that a number of other federal agencies-such as the U.S. Postal Service, the Veterans Administration, National Park Service, U.S. Capitol Police, Bureau of Indian Affairs, U.S. Fish and Wildlife Service, and U.S. Forest Service-also employ full-time officers with authority to carry firearms and make arrests.)

.A. In the midst of the WTC destruction, agents and professional staff started

collecting evidence, conducting interviews, and analyzing data. (Courtesy FBI.)

CHAPTER 1 0 Federal and State Agencies 257 T

Agency Number of Officers

Federal Bureau of Prisons 16.835

Federal Bureau of Investigation 12,760

U.S. Immigration and Customs Enforcement 12,446

U.S. Secret Service 5,213

Administrative Office of the U.S. Courts* 4,696

Drug Enforcement Administration 4,308

U.S. Marshals Service 3,313

Veterans Health Administration 3,128

Internal Revenue Service. Criminal Investigation 2.636

Bureau of Alcohol. Tobacco, Firearms, and Explosives 2,541

U.S. Postal Inspection Service 2.288

U.S. Capitol Police 1.637

National Park Service-Rangers 1,404

Bureau of Diplomatic Security 1,049

Pentagon Force Protection Agency 725

U.S. Forest Service 644

U.S. Fish and Wildlife Service 598

National Park Service-U.S. Park Police 547

National Nuclear Security Administration 363

U.S. Mint Police 316

Amtrak Police 305

Bureau of Indian Affairs 277

Bureau of Land Management 255

TOTAL 36,863

Source: Brian Reaves. Federal Law Enforcement Officers, 2008. U.S. Department of Justice. Bureau of Justice Statistics, June 2012, p. 2, http:/ /bjs.ojp.usdoj.gov/content/pub/pdf/fteo08.pdf (accessed October 25, 2013).

FIGURE 1 0-1 Federal Agencies Employing 250 or More Sworn Law Enforcement Personnel

~ Department of Homeland Security Within one month of the attack on U.S. soil on September 11, 2001, President George W Bush issued a proposal to create a new Department of Homeland Security-which would be activated in January 2003 and become the most significant transformation of the U.S. government in over a half-century. All or part of 22 different federal departments and agencies were combined, and 80,000 new federal employees were immediately put to work. 1

Congress committed $32 billion toward safeguarding the nation, developing vaccines to protect against biological or chemical threats, training and equipping first responders (local police, firefighters, and medical personnel), and funding science and technology projects to counter the use of biological weapons and assess vulnerabilities. Since 2003, more than $635 billion has been appropriated by the federal government to support homeland security.2

Figure 10-2 • shows the current organizational structure of DHS.

CHAPTER l 0 Federal and State Agencies 258 ~

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FIGURE 1 0-2 U.S. Department of Homeland Security Organizational Chart U.S. Department of Homeland Secur:ty

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Following are brief descriptions of the major law enforcement agencies that are organizationally located within the DHS:

U.S. Customs and Border Protection ( CBP) is one of the largest federal law enforcement agencies, with more than 60,000 agents who work as CBP officers (21,000), border patrol agents (21,000), as air, and marine agents (1,200), and agriculture specialists (2,300). CBP is responsible for preventing terrorists and terrorist weapons from enter- ing the United States while facilitating the flow of legitimate trade and travel. On a typical day, the CBP will process nearly a million passengers and pedestrians, execute more than 60 arrests at ports of entry, and seize nearly 11,000 pounds of narcotics in 70 seizures at more than 300 ports of entry. The CBP protects nearly 7,000 miles of border with Canada and Mexi.co and 95,000 miles of shoreline.3

A Career Profile briefly describes the work of a Border Patrol agent.

Immigration and Customs Enforcement (ICE): This is the largest investigative arm of DHS with more than 20,000 employees in more than offices worldwide. ICE is respon- sible for identifying and shutting down vulnerabilities both in the nation's borders and in economic, transportation, and infrastructure security.4 Because of its key role in providing national security, a further breakdown of its three main branches (or "direc- torates") is provided below:

Homeland Security Investigations (HSI): This branch is responsible for investigating a wide range of domestic and international activities arising from the illegal move- ment of people and goods into, within and out of the United States. HSI investigates immigration crime, human rights violations and human smuggling, smuggling of narcotics, weapons and other types of contraband, financial crimes, cybercrime and export enforcement issues.5

"' A CBP agent uses a fiber optic scope to look inside a vehicle gas tank, where traffickers often

conceal packages of drugs . (Courtesy U.S. Customs and Border Protection.)

CHAPTER l 0 Federal and State Agencies 260 ...

A ICE works with U.S. Border Patrol and a Florida county sheriff's department to arrest members

of a large Mexican-American human smuggling operation. (Courtesy US. Customs and Border Protection.)

Enforcement and Removal Operations: This unit identifies, apprehends, and removes undocumented immigrants from the United States. It prioritizes the apprehension, arrest and removal of convicted criminals, those who pose a threat to national security, fugitives and recent border entrants. Management and Administration: This directorate oversees ICE's budget, expen- ditures, accounting and finance, procurement, human resources and personnel, workforce recruitment, equal employment opportunity, information technology systems, facilities , property and equipment needs.6

The Transportation Security Administration (TSA) protects the nation's transportation systems. TSA employs 48,000 personnel at 457 airports who screen approximately two million people per day to ensure travel safety. Agents also inspect air carrier operations to the United States, assess security of airports overseas, fly air marshal missions, and train overseas security personnel,?

The Citizenship and Immigration Services is responsible for the administration of immigration and naturalization adjudication functions and the establishment of immi- gration services policies and priorities.

The Coast Guard protects the public, the environment, and U.S. economic interests in the nation's ports, on its waterways, along the coast, on international waters, or in any maritime region as required to support national security.

The Secret Service protects the president and other high-level officials and investigates counterfeiting and other financial crimes, including financial institution fraud, identity theft, computer fraud, and computer-based attacks on our nation's financial, bank- ing, and telecommunications infrastructure. The Secret Service's Uniformed Division protects the White House complex and the vice president's residence as well as foreign embassies and missions in the Washington, D.C., area. The Secret Service has agents assigned to approximately 125 offices located in cities throughout the United States and in select foreign cities. 8

CHAPTER l 0 Federal and State Agencies 261 ...

EXHIBIT 10-1

INTERPOL

INTERPOL is the oldest, the best-known, and prob- ably the only truly international crime-fighting organization for crimes committed on an interna- tional scale, such as drug trafficking, bank fraud, money laundering, and counterfeiting. INTERPOL agents do not patrol the globe, nor do they make arrests or engage in shootouts. They are basically intelligence gatherers who have helped many nations work together in attacking international crime since 1923. 1

Lyon, France, serves as the headquarters for INTERPOLs crime-fighting tasks and its 190 member countries.2 Today INTERPOL has six priority crime areas: corruption, drugs and organized crime, financial and high-tech crime, fugitives, public safety and terror- ism, and trafficking in human beings. It also manages a range of databases with information on names and photographs of known criminals, wanted persons, fingerprints, DNA profiles, stolen or lost travel docu- ments, stolen motor vehicles, child sex abuse images, and stolen works of art. INTERPOL also disseminates critical crime-related data through its system of inter- national notices. There are seven kinds of notices, of which the most well known is the Red Notice, an inter- national request for an individual's arrest. 3

INTERPOL has one cardinal rule: It deals only with common criminals; it does not become involved

with political, racial, or religious matters. It has a basic three-step formula for offenses that all nations must follow for success: pass laws specifying the offense is a crime; prosecute offenders and cooper- ate in other countries' prosecutions; and furnish INTERPOL with and exchange information about crime and its perpetrators. This formula could reverse the trend that is forecast for the world at present: an increasing capability by criminals for violence and destruction. The following crimes, because they are recognized as crimes by other countries, are covered by almost all U.S. treaties of extradition: murder, rape, bigamy, arson, robbery, burglary, forgery, counter- feiting, embezzlement, larceny, fraud, perjury, and kidnapping.4

INTERPOrs annual report may be viewed at: https:/ I www.interpol.int/Public/ICPO/InterpolAtWork/ iaw201l.pdf

'"INTERPOL: Global crackdown on illicit online pharmacies;' October 4, 2012, http://www.interpol.int/News-and-media/ News-media-releases/2012/PR077 (accessed October 27, 2013); also see INTERPOL, "Overview;' http://www.interpol.int/ About-INTERPOL/Overview (accessed October 25, 2013). 2Jbid. 3Ibid. 4Michael Fooner, INTERPOL: Issues in World Crime and International Criminal Justice (New York: Plenum Press, 1989), p. 179.

The Federal Law Enforcement Training Center (FLETC) provides training for more than hundred federal, state, and local agencies, and is discussed more fully later.

Because its roles and purpose are closely related to the protection of the United States against terrorism and other crimes, a discussion of INTERPOL is provided in Exhibit 10-1 • ·

....,. Department of Justice The Department of Justice is headed by the attorney general, who is appointed by the U.S. president and approved by the Senate. The president also appoints the attorney general's assistants and the U.S. attorneys for each of the judicial districts. The U.S. attorneys in each judicial district control and supervise all federal criminal prosecutions and represent the government in legal suits in which it is a party. These attorneys may appoint committees to investigate other governmental agencies or offices when ques- tions of wrongdoing are raised or when possible violations of federal law are suspected or detected.

CHAPTER l 0 Federal and State Agencies 262 T

A Secret Service agents are highly visible wherever U.S. presidents appear, such as at inaugural

parades. (Courtesy US. Secret Service.)

The Department of Justice is the official legal arm of the government of the United States. Within the Justice Department are several law enforcement organizations that inves- tigate violations of federal laws; we will discuss the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms, and Explosives; Drug Enforcement Administration; and U.S. Marshals Service. (The Office of Community Oriented Policing Services have already been discussed in Chapter 4.)

Figure 10-3 • shows the organizational chart for the Department ofJustice.

Federal Bureau of Investigation (FBI) Beginnings The Federal Bureau of Investigation was created and funded through the Department of Justice Appropriation Act of 1908. The FBI was first known as the Bureau of Investigation. With thirty-five agents, it originally had no specific duties other than the "prosecution of crimes;' focusing on bankruptcy fraud, antitrust crimes, neutrality violations, and crimes on Native American reservations. Espionage and sabotage incidents during World War I, coupled with charges of political corruption reaching into the Department of Justice and the bureau itself, prompted angry demands for drastic changes.9 ·

A new era was begun for the FBI in 1924 with the appointment of J. Edgar Hoover as director; he served in that capacity until his death in 1972. Hoover was determined that the organization would become a career service in which appointments would be made strictly on personal qualifications and abilities, and promotions would be based on merit. Special agents were college graduates, preferably with degrees in law or accounting. A rig- orous course of training had to be completed, and agents had to be available for assign- ment wherever their services might be needed. Hoover coordinated the development of the Uniform Crime Reporting system, and during his tenure in office many notorious

CHAPTER l 0 Federal and State Agencies 263 T

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FIGURE 1 0-3 Department of Justice, Office of the Attorney General, Organizational Chart U.S. Department of Justice.

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U.S. National Executive National Central Office for Drug Bureau Immigration Intelligence Interpol Review Center

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A J. Edgar Hoover. (Courtesy The White House.)

criminals, such as Bonnie Parker, Clyde Barrow, and John Dillinger, were tracked and captured or killed. The building housing the FBI Headquarters in Washington, D.C., bears his name. 10

The bureau's Identification Division was created on July 1, 1924, and its laboratory opened in 1932. Then, in 1933, all of the bureau's functions were consolidated and trans- ferred to a Division of Investigation, which became the Federal Bureau of Investigation on March 22, 1935.

Contemporary Priorities and Roles Today the FBI has fifty-six field offices, approximately four hundred resident agencies, and more than fifty foreign liaison posts called legal attaches. About 22,000 nonsworn support employees perform professional, administrative, technical, or other functions in support of the FBI's nearly 14,000 sworn special agents. 11

The national priorities of the FBI have been modified in major fashion since September 11, 2001; today the following are its top three priority areas: 12

1. Protect the United States from terrorist attack.

2. Protect the United States against foreign intelligence operations and espionage.

3. Protect the United States against cyber-based attacks and high-technology crimes.

Other priorities include combating public corruption, civil rights violations (e.g., hate crimes, human trafficking), organized crime, white-collar crime, and major thefts/violent crimes. Figure 10-4 • depicts the organizational chart that is designed to facilitate the accomplishment of these priorities and goals.

Recently, the FBI was given new powers to aid its reform efforts to battle terrorism. The bureau can now monitor Internet sites, libraries, churches, and political organizations. In addition, under revamped guidelines, agents can attend public meetings for the purpose of preventing terrorism.13 The bureau also participates with local police in dozens of task forces that target fugitives and violent gangs nationwide.

CHAPTER l 0 Federal and State Agencies 265 T

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Response Group Information

Services Division

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FIGURE 1 0-4 Federal Bureau of Investigation Organizational Chart Federal Bureau of Investigation.

CHAPTER l 0 Federal and State Agencies 266 T

Administrative Services Division

Information Resources Division

But counterterrorism still constitutes only a fraction of the bureau's workload; the FBI also continues to investigate bank robberies, white-collar crimes, and organized crime and drug syndicates-staples of the agency's workload for a long time-while it combats radical Islamic fundamentalism and global terrorism with a workforce in which just 1 percent of the FBI's 12,200 agents have any familiarity with the Arabic language. 14

Ancillary Investigative, Training, and Reporting Services Today the FBI's laboratory examines blood, hair, firearms, paint, handwriting, typewriters, and other types of evidence. Highly specialized techniques are now utilized-at no charge to state police and local police agencies-for analysis of DNA, explosives, hairs and fibers, tool marks, drugs, plastics, and bloodstains.

Another feature of the bureau is its National Academy, which graduated its first class in 1935. Today thousands of local police managers from across the country have received training at the National Academy in Quantico, Virginia, which has twenty-one buildings on 385 acres. The FBI also provides extensive professional training to national supervisory- level police officers at the National Academy. (More information on local police training is provided in Chapter 11.)

A very successful function of the FBI, inaugurated in 1950, is its "Ten Most Wanted Fugitives" list, which over the years has contained many notable fugitives. As of 2000, the bureau had caught about 460 top ten fugitives; the Internet has helped to invigorate the program, with the "Ten Most Wanted" Web page receiving about 25 million hits per month. 15

The FBI also operates the National Crime Information Center (NCIC) , through which millions of records relating to stolen property and missing persons and fugitives are instantaneously available to local, state, and federal authorities across the United States and Canada. Following are some of the categories of individuals and items that are included in the NCIC files. 16

1 . Categories of individuals covered by the system:

Wanted persons (for whom warrants are outstanding, who have committed or have been identified with a felony or serious misdemeanor offense); an escaped or wanted juvenile; missing persons (e.g., those with proven physical/mental disability or who are senile, or who are possibly kidnapped, are missing after a catastrophe, are members of violent criminal gangs or terrorist organizations), and unidentified deceased persons.

2. Categories of records in the system:

Stolen vehicles, vehicle parts or plates, boats, guns, articles, securities, and vehicles wanted in conjunction with felonies or serious misdemeanors.

In a related vein, one of the FBI's several annual publications is the Uniform Crime Reports (UCR), which includes crime data reported from more than 15,000 state and local police agencies concerning twenty-nine types of offenses: eight Part I (or index) offenses (criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny-theft, motor vehicle theft, and arson) and twenty-one Part II offenses. The UCR also includes a so-called crime clock, shown in Figure 10-5 • ·

Several shortcomings characterize the UCR data, however. First, the data are depen- dent on crimes being reported to, and by, the police; many crime victims do not report their victimization to the police, so there is the so-called shadow of crime-those crimes that are hidden and unknown. Furthermore, the reporting system is not uniform, so crimes may be reported incorrectly or inaccurately. In addition, the UCR operates under the hierarchy rule, which means that when a number of separate crimes are committed as

CHAPTER 1 0 Federal and State Agencies 267 T