Consultant for writers on crime, police, & court procedures.

Sunday, July 20, 2014

SEARCH WARRANTS



 
One aspect of criminal justice that confuses many writers is the legal justification for searches.  On TV, detectives pretty much search whatever they want whenever they want without respect to the legalities involved. The Supreme Court has ruled that a warrant is needed to conduct a search except in a limited number of circumstances.  For example, a driver can give consent to search his car.  An officer can search a person she has arrested. A SWAT team could go into a warehouse to rescue a hostage. 

Most searches are conducted without a warrant because of these “exceptions.” But when an exception to the warrant requirement does not exist, the officer must obtain a warrant.

There’s only one hangup—to obtain a warrant, there must be “probable cause” to believe there is evidence at the place to the searched. Without good reason, a judge will not issue a warrant.

The search warrant consists of two parts—the affidavit prepared by an officer attesting to the facts that establish probable cause and the command or order issued by a judge to conduct the search.

While you may not wish to get bogged down in the technicalities of affidavit preparation, avoid the mistake of mischaracterizing the process. The biggest mistake is inferring a warrant can be obtained in a matter of minutes.  Some agencies are using electronic

Thursday, June 5, 2014

"DON'T TASE ME, BRO."


“Don’t tase me, bro.”

That plea was made famous by a protesting college student caught on video during an arrest. It shows how familiar the American public is with these relatively new weapons.  The student in question even registered the phrase as a trademark to promote a book and line of t-shirts.

We get many questions about “stun guns” or “TASERS.”  The use of these weapons can provide a different twist to a story. But it’s confusing technology—I just read a novel by one of my favorite authors where a “stun gun” was used to render the victim unconscious. Doesn’t happen, folks. These devices are very painful but they do not shock you into unconsciousness.  Do your research.


Less-lethal weapons like the TASER are frequently used by law enforcement agencies to overcome suspect resistance. They have saved the lives of officers and suspects alike. Agencies equipped with TASERs have seen a significant decrease in officer and suspect injuries. I often convinced a combative suspect to surrender merely by shining the TASER’s red laser aiming dot on his chest.

TASER (all caps) is a trademarked brand name of a specific electronic control device (ECD).  The acronym stands for Thomas A. Swift Electric Rifle.  While it is the best known 

Thursday, May 22, 2014

WELCOME TO MODERN POLICING, FBI

Thirty-four years ago in 1980, when I moved from patrol to criminal investigations in my hometown's police department, the unit had already been tape recording interrogations and witness statements for years.  We knew nothing swayed a jury more than hearing a suspect's confession come from his own mouth. I didn't realize how progressive our policy was until I moved to metro Atlanta in 1989 where NO agencies recorded statements.  The typical procedure involved a detective writing out a statement or confession by "transcribing," in essence, paraphrasing, the suspect's words. The suspect would then sign it, often without being able to comprehend what had been written.

I adopted a mandatory recording policy at my new agency, first for tape recording, followed later by videotaping. My agency was the first in metropolitan Atlanta--an area with dozens of law enforcement agencies. Prosecutors of all the local counties soon made everyone else follow our example. Today I learned the FBI didn't start recording interviews until THIS MONTH.  In fact, the written policy was that interviews and interrogations were NOT to be recorded, a rule that left skeptical juries wanting more. The new procedure will be to record all interviews until there is a compelling reason not to make a record. While the FBI has established the benchmark for many investigative procedures, they were way behind on this one.

Welcome to modern police work, FBI.

Thursday, May 1, 2014

WHAT DO EDITORS DO?


The publishing industry has changed significantly since the days when an author could submit a promising but mechanically flawed manuscript and rely on the company's editors to clean it up. Publishers receive so many manuscripts that they need little justification to reject one. While publishers still have editors, an author must submit a reasonably clean manuscript to have a hope of acceptance.

The editing process can be confusing with so many editing services available before and after a manuscript is accepted. When writecrimeright.com reviews a manuscript, we do more than analyze the legal procedures. We also provide "copy editing."   

Three levels of freelance editing are available to authors seeking to improve their manuscripts before seeking a contract:

Proofreading: A proofreader provides a check of the document for minor mistakes in spelling, punctuation, spacing, and so on.

Copy editing: Our definition of copy editing includes checking:

grammar
punctuation
spelling
word usage
awkward phrases
pronoun agreement
missing words
typos
repetition
inconsistencies
story details
tight writing
manuscript formatting

Line Editing or Substantive Editing: In addition to performing the tasks of copy editing, the line editor may initiate significant changes to improve the narrative.  While copy editing pertains to "mechanics," line editing focuses on "story." The editor enhances the quality of the writing, removes unnecessary repetition and plot flaws, and restructures sentences and paragraphs for smoother flow. The line editor knows the difference between active and passive prose, turning dull writing into something more engaging. 

When writecrimeright.com reviews your manuscript, you get "two for one"--an extensive analysis of everything related to police work and criminal procedure as well as word-by-word, line-by-line copy editing. The result: a story your readers will find plausible and realistic and a manuscript attractive to publishers.

Sunday, April 6, 2014

IT TAKES ONE TO KNOW ONE

One way to learn to write crime drama realistically is read novels by those who have been there.  Everyone has heard of Joseph Wambaugh, the former Los Angeles PD officer known as the "Grand Master of Police Novels."  Wambaugh has sold millions of fiction and non-fiction books featuring police work.

For those who are turned off by Wambaugh's rather gritty, often profane novels, here's some of my favorite cops-turned-novelists who provide a Christian world view while staying true to realistic police procedure and investigative techniques. 



A former Long Beach, California, police officer of twenty-two years, Janice Cantore worked a variety of assignments, including patrol, administration, juvenile investigations, and training. A few years ago, she moved to southern Oregon, where Janice writes suspense novels designed to keep readers engrossed and inspired.  I loved her Pacific Coast Justice series.


F.P. Lione is actually two people —  the husband-wife team of Frank and Pam Lione. They are both Italian-American and the offspring of New York PD detectives. Frank Lione is a veteran of the NYPD, and Pam a former medical sonographer who now stays home with their two sons. They divide their time between New York City and Broadheadville, Pennsylvania, in the Poconos.

Mark Mynheir is the author of the Ray Quinn mysteries. Mynheir served 25 years as a Florida officer, including stints as a detective, SWAT team member, and undercover narcotics agent. 

While I titled this post "It Takes One to Know One," that's not completely true. Many writers, through extensive research and consultations with real cops, have written masterpieces that portray police officers realistically.  When I read J. Mark Bertrand's Back on Murder, I was convinced the writer was a veteran officer.  I knew he had to be an experienced Houston detective. Not so. Bertrand has never worn a badge but his Roland March series is among the most realistic detective stories I have ever read.

Some day I hope to complete my own novel and join this fine group of former officers who traded in their pistols for pens.  For now, I carry both.

Friday, March 21, 2014

SOME QUICK DOs AND DON'Ts FOR CRIME WRITERS

Here's some quick tips for adding realism to your writing:


1.  Avoid the use of "policeman," "patrolman," "fireman," etc.  The number of females in public safety professions has increased significantly in the last twenty years.



2.  Don't assume your officers have partners.  Virtually all police work is performed by officers assigned individually to one-officer patrol cars.  There are exceptions, mostly in larger cities on the east and west coasts.  Pairing officers or detectives as partners certainly increases opportunities for interaction and conversation but keep in mind that a formal, permanent partnership is unlikely in most police agencies.


3. Know your weapons. If your story includes firearms, know your subject before you make stupid mistakes like having a revolver eject empty shells onto the ground.  Or inserting a "clip" into a pistol (it's called a "magazine.")

4.  Check your terminology.  There's a difference between burglary, robbery, and theft. Is drunk driving called DWI or DUI in the state where your story is set?

5.  Tread carefully in the morass of legal procedure.  Lots of room for mistakes here.  For example, there's no requirement that officers give a suspect the Miranda warning at the time of arrest.  It's usually done just prior to an interrogation. The convolutions in navigating the criminal justice system is dizzying even for those in law enforcement. Although you may want your bad guy arrested, tried, and convicted inside a week, he will attend a dozen or more court hearings between arrest and sentencing over the course of months or even years.

6.  Give your police officers a life outside of work.  We've read too many novels where officers seem to work 24/7 with no mention of family, leisure activities, or personal interests.  Even diehard cops have to sleep, feed the dog, go to church, and check on the kids.

7.  Avoid stereotypes.  Not all police officers are alike.  Beware giving your female MC the standard characterization of having to prove herself to her male counterparts, as well as to the world in general.  It's a worn out story line and most police departments are way past that.


Great writing can overcome lapses in correct procedure and terminology without losing credibility when most of the story rings of authenticity.  Breaking the rules doesn't take away from a story's authenticity when it is done sparingly and in a believable manner.


Saturday, January 25, 2014

IS HE LYING?


An asset for any police officer is the ability to know when someone is lying.  Sometimes lies can be revealed when a suspect contradicts himself or provides implausible explanations.  But one of the best ways to detect lies are nonverbal cues that reveal the stress accompanying deception.  Many aspects of our bodily functions and other physical behaviors are beyond our control.  We cannot keep out bodies from perspiring or slow down our pulse rate during physical exertion or moments of stress.  It is because most suspects cannot control these actions that these cues are such effective indicators of deception.
The physical behavioral indicators described below are just some of many.  They are highly effective in helping officers detect criminal activity and protect themselves from danger.  They go beyond the simple nervousness one might experience in a 'normal' encounter with an officer, such as a traffic violation.


NO-LOOK MANEUVER:  This signal occurs before the encounter ever takes place.  At an intersection, for example, a motorist absolutely refuses to look towards the officer.  An offender who has something to hide will resort to exaggerated effort to avoid direct eye contact with a police officer in a chance encounter.
RESTLESSNESS:  A high level of stress often causes a person to be very fidgety, shifting positions frequently, pacing, crossing and uncrossing arms.  A stressed person may also try to move away, attempting to increase their comfort zone in order to reduce the anxiety. 

FALSE FATIGUE:  Signs of fatigue may actually be efforts by the body to relieve stress.  Frequent yawning and sighing are good stress relievers in these circumstances.