254177 ,
' ORIGINAL TO CITY CL6RK �5�� ■ /�
' CITY OF ST. PAUL couNCa �� '
;�' OFFICE OF THE CITY CLERK FILE NO.
COUNCIL RESOLUTIO —GENERAL FORM
d
PRESENTED BY
COMMISSIONE qTF
RESOLVED� Tha.t the Council of the City of Saint Paul does
hereby approve Application for Grant by the City's Department
of Public Safety for Legal Assistance Program (LAP), said ap-
plication to be made to the State of Minnesota Governor' s
Commission on Crime Prevention and Control, a copy of which is
attached hereto and incorporated herein by reference; and be it
FURTHER RESOLVED, That the Ma.yor of the City of Saint Paul
is hereby authorizeci and directed to execute the said application
on beha.lf of the City of Saint Paul and to transmit the same to
the said Crime Comma.ssion.
FORM A RO
`- ° � - rporati Cou el
MAY 2119.7�
COUNCILMEN Adopted by the Co�i � + +o�� 19_
Yeas Nays
Butler �AY Z 1 19�
Carlson 19`
Levine Favor
Meredith
Sprafka � yor
A gainst
Tedesco
Mr. President, McCarty �$� . � -�
MAY 2 919T�
�
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STAT� JF MINN�SGTA Ak'PLTCATION �OR GRI9IVT � � •
�i GOVERNOR'S COMMIS5ION ON CRIME Pagc 1
PREVENTION AND COI�iTROL
' APPI,ICATIUN NUMBER � •
� Application is hereby made for a grant under (Leavc Blank) .
the Omnibus Crime Cantrol and 8ui`e Streets AcE DATE RECEIVED
of 19GS (P.L. 90-351} :n the amount and for the pur- ,_ � �
poses indicated. , . (Leave Blun�.j �
. � .
1. Title of Project: ,
LEGAL ASSfSTANCE PF20GRAM _ LAP '
2. Type of Application: � ,
� Original ❑ ftevision ❑ Continuation of Grant i�'o. . '
3. Project Dutation: 4. Total Federal Support Sought: •
UNE YEAR �1'L MONTHS� , � . . �. �
. . ' , $15,000. �
� � 5. Request for First Year:
� . '
' � � � ., . " , �
�. Applica.nt: 7. g'zojecE J�irector: �
� (Name,address and telephone) , (Name,title,address and telephone) -
ST, PAUL BUREAU OF POLICE SERGEANT .J. STURNER
101 E. ZOTH STREET 101,E, lOTH STREET � ,
ST, PAUL, MlNf\'E50TA �L�L7—HJL1 ' ST, PAUL, MINNG50TA 227-8521 EX. 261
` .
8. Financial O!�'icer: 9. Official.Authorized to Sign Application: � . •,
(Name,title,addr�ss and telephone) ' (Name,title,address and telephone) ;
. � . MR. LOU MCK '�NA, CUNiPTROLLER' � � MAYOR CHARLES P, MCCARTY •
, . . or ��s su�cessor (�1
� . CITY HALL AND OURT OUSE � - Ci7'Y lIALL AND COURT HOUSE • .
. ST, PAUL, MItJlVESOTA ' ' , � � ST, P.AUL, MINNESOTA . � •
' 10. Type of Agency or Ins!i�tutian: 11. Type of Governmeadt�l Linit: �
� Public ❑ PrivateNonprofit � SttiEt t=J Cif;y ❑ County. �. Other �
42. Other Fe�deral Sup�aorta . 1�. Other�'�deral uub%isszu�: .
NoNc � �
NONF'
'Vb�, . . . � . . . � . � , � . �
. z�.aieeac .. sierwaernc�a�-uu»�s+.aw . .__ntc�u
' � � . � . ' � .. ' .
J,� I ' ....�._.-_-, ... . .
STATE OI'` 112INN�L'SOTA 1iPPLICATION FOR GRANT
� GUVERNOR'S COMMISSION ON- CRIME Page 2
PREVENTION AND CONTROL
14. Budget Summary for Total Project:
Budget Categories (Federal Funds Only) Ist Year 2nd Year (QYond j Totals
Personnel
Consultani Services
Travel
Equipment
Construction
� Other (Supplies,telephone,rental,etc.)
Total Federal Funds Requested � � � �
'T'otal Grantee Contribution � $ � �
15. E�planation of Grantee Contribution:
�_ FRINGE BENEFITS.WERE COMPUTED BY USING THE STANDARD CIVIL SERVICE BUREAU RATE
OF ��J/O, THIS INCLUDES PENSION, HEALTH INSURANCE, VRCATION, S(CK LEAVE, LIFE
INSURANCE, ETC. � ' �
OFFICE SPACE, .SECRETARIAL SERVICES WERE MINIMAL ESTIMATES, WITH TRUE COST
� ACTUALLY BEING GREATER THAN PUT FORTH,
16. F.�cplanation of Budget:
THE,CITY OF ST. PAULiS SALARY RANGE FOR ATTORNEYS IN OTHER DEPARTMENTS IS
- �lO�4OO TO �23�400 ANNUALLY, OUR ESTIMATE QF �IrJ�OOO PER YEAR IS A REASONABLE
� MID-RANGE SALARY FOR AN EXPERIENCED ATTORNEY.
ALSO SEE GUIDE FOR DISCRETIONARY �7RP.NT PROG.2AMS FY 1971 r. DF40.
�
• , _._ -___".. o
14. Budget Summary for Total Project:
This item should be conzplete only when the total project dura-
� tion (Item 3, Page 1, of application) exceeds a one year period. �
The summary applies to project costs for «hich Federal support
is requested and not those covered by gra.ntee contribution. It
will be noted that only totals for major budget categories are
required. The applicant should also insert a dollar estimate of
the grantee contribution to the project on the Iine indicated.
15. Explanation of Grantee Contribution:
The applicant should describe the proposed grantee contribution
by (i) source—applicant funds, other grants, community contri-
butions; (ii) nature—money, personal property, use of facilities,
(with dollar value stated for non-money contributions); and (iii)
project utilization—specific project costs or components that the
contribution will be used to finance. The "grantee contribution"
should include al� resources available to the grantee except funds
from other Federal grant programs. Also provide procedures
developed to protect against use of Federal funds to supplant
state and local funds,
16. Explanation of Budget:
The applicant should provide a justification and explanation of
the budget items shown on page 4. This should contain criteria
and data used to arrive at estimates and, to the extent not per-
mitted by space available on page 4, such further breakdown or
detail on any budget figure'as may be needed to understand the
manner in which it was coinputed. Special information on pariic- '�
ular items requested on page 4 (e.g., equipment listings) may
. also be provided where necessary. In completing the page:
—I3ata should be identified by the major category involved.
Provide an explanation of large items (e.g., heavy travel costs,
large printing expenditures, extensive clerical services, high
salary rates) justifying these costs as necessary to properly
conduct the project.
—The extent and type of detail and explanation will depend on
the financial structure and particular needs of the project.
The important consideration is that all components and items
of the budget be clearly explained to permit an intelligent
' evaluation by those responsible for review of applications.
�
STATE OF MINNESOT?. �
^ GOVERl�'OFL'5 COTVLMISSIOI`T ON CRIME ��'PLICATION FOR GRANT
PREVENTION AND CONTROL Page 3
17. Applicant's Agreement:
The undersigned represents, on behaif of the applicant,that:
(a) Any grant awarded pursuant to this application shall be subject to and will be administered
in conformity with conditions applicable to the Fiscal Administration of Grants under Part B,
Title I, of P.L. 90-351, General Conditions Applicable to Administrztion of Grants under Part
B, Title I of P.L. 90-351 and other policies, rules and regulations issued by the Department
of Justice or the Governor's Commissi.on on Crime Prevention and Control for the administra-
tion of grant projects under the Omnibus Crime Control and Safe Streets Act of 1968.
(b) Any funds awarded pursuant to this application will be expended only for the purposes and
activities covered by the applicant's approved plan and budget. °
(c) Any funds awarded pursuant to this application will be used to supplement and not to sup-
� plant local funds otherwise available for law enforcement programs and, to the extent prac-
tical, will be used to increase such funds.
(d) The applicant �vill have available and will expend from non-federal sources, as needed, ade-
quate resources to defray that portion of the total costs as set forth in this application as
"Grantee Contribution" and as approved by the Commission.
(e) The Applicant will comply with and will insure compliance by its contractors with Title VI of
r" the Civil Rights Act of 1964 (P.L. 88-352). and all requireinents imposed by or pursuant to
regulations of the Department of Justice•issued pursuant to that title, to the end that no per-
son shall, on the grounds of race, color, or national origin, be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination under any program or
activity ior which the Applicant receives Federal financial assistance; and gives further assur-
ance that it will promptly take any measures necessary to effectuate this commitment.
(f) The Applicant will assume the funding of improvements funded under the Act after a reason-
able period of Federal assistance.
(g) Any grant aK�arded pursuant to this application may be terminated in whole or in part by
the Governor's Commission on Crime Prevention and Control or its designee at any time.
� (h) This application consists of the following in addition to this form:
Detaii Project Budget For First Year
Project Plan and Supporting Data
I8. Date: 20. Signature of Authorized Official:
MAY 3, 1971
� 19.' Total Pages in Application: �"
13 >�\
�
17. Applicant's Agreenzent:
This agreement constitutes a. condition ror the extension of grant
assistaiice i;o a�iy applicaalf:. Wh�n an award is made the grant �'
funds accepted thereunder will become a binding contractual
commitment of the grantee. The applicant should satisfy itself
that it has read, understands, and is willing to comply with the
grant conditions and rules concerning administration of grants
established b5� the Commission and furnished to each prospective
applican�.t.
18. Date: �
Indicate the date the completed application is signed.
19. Pages in Applicaiion:
Indicate the total number of pages (separate sheets) contained
in the complete application, exclusive of •appended brochures,
and printed materials, since there may be consecutive numbering
of the applica9;ion. �
20. Signature:
The oi�icial named in Item 9, Page 1, as the individual authorized
to sign the application should execute each of the two copies re-
quired to be submitted. Personal signatures (not facsimiles)
must be affixed.
. �
. ^�
:��,_ _ ,
STATE OF MINNESOTA APPLICATION �OR GRANT
� GOVERNOR'S CONIMISSION ON CRI14'iE
PREVENTION AND CONTROL Page 4
Detail Project Budget for First Year:
BUDGET ITEM Federal State/Local Project
Share Share Total
A. Personnel: -
o/'o of Annual
Position Time Salary
ATTORNEY 100°0 $15,000
FRINGE BENEFITS 25/O �
$ 15,000 �w 3700 $ 18,750
B. Consultant Services: (List)
� � $
C. Travel: (Ttemize)
�
$ $ $
D. Equipment: (Itemize)
$ $ $
E. Construction: (Itemize)
$ $ $
F. Othex: (Itemize) .
OFFICE SPACE, TELEPHONE, SECRETARIAL SERVICES,
OFFICE SUPPLIES, LAW BOOKS ,
$ $ 2500 $ 2500
G. Total Feder.al Funds Requested $ 15,000
H. Total Grantee Contribution (�'age 2, Item 14) .$ 6250
" PROJECT TOTALS
� � 21250
]I�etail Project Bud�et for Fir�t Year
The budget form must be completed in detail witl� per diem allowances for subsistence, and any ,.�
amounts rounded to the nearest whole dollar, related cos±s. Employees in the executive branch
The period covered by the budget wil.l depend on of the State government may not be employed as
the length of the total project (page 1, Item 3). If consultants. Their services should be obtained
by the appropriate method for detailing or trans-
the total project is one year or less, the complete ferring employees among agencies, and their
budget should be set forth. If the project is of more salaries included in the personnel category.
than one year duration, only the fust year budget
request should be shown. The exact dates of the C. Travel.
period covered should be entered. Include transportation, per diem, and related
The specific amount requested for each item travel costs for
listed should be shown in the "Amount Requested" (i) agency personnel,and
column, 3'he cost of all items listed in each major (ii) members of the supervisory or policy board
budget category should be inserted. of an agency involeed for travel essential to pro-
Whenever the space for any budget category is ]ect operations. Travel costs for consultants are
inadequate to permit listing of all items, the notation to be included in Category B.
"See Continuation Sheet" should be entered. Only D. Equipment.
the category total should be inserted and all items List each type of item to be purchased along with
in the category should be listed on a continuation estimated unit costs.
sheet.
E. Construction.
A. Personnel. Include a detail summary of all construction
(i) List each position by title for all professional costs for each building or other type of facility
positions and all non-professional positions (in- to be erected. E�:penditures from federal funds
clude names of employee, if available). Indicate for construction may not exceed 50 Jo of the
the annual salary rate for the employee and the total construction costs.
percentage of time to be devoted to the project
by the employee. F. Other.
List other anticipated items of expenditures by
(ii) �'or employee benefits indicate each type major type, such as supplies, communications,
of benefit included and the total cost allocable reproduction, books .and periodicals, telephone, ^'
to employees assigned to the project. Expendi- maintenance services rental, etc. Where indirect
tures from federal funds for personnel compen- costs are claimed, Bureau of Budget Circular
sation may not exceed one-third of� an action A-87 should be consulted for allowable costs.
grant, except for funds expended to compensate
personnel engaged in conducting or undergoing G and H. Total Amounts:
training programs. The "Total Amount Requested" should be the
B. Consultant Services. sum of the "Category Totals" or of all individu-
ally listed budget items. The "Total Grantee
Estimate total costs for individual consultant or- Contribution" is the figure detailed in Item 14,
ganizations including anticipated travel e�cpenses, page 2,of the application.
Note on Grant Canditions and Policies
, Certain LEAA grant conditions and policies vate agencies or educational institutions having a
have relevance to project budgeting and are re- Government-audited,wage-base rate,
ferred to here so that they may be kept in mind in (v) limitation of approved expenditures to items
forinulating budget presentations. These include specifically budgeted and requirement of approval
(i) prohibition against obligation of funds or for transfer of funds between budget categories,
reimbursement of expenses incurred prior to the and
ef�ective date of the grant, (vi) requirement that all grant conditions and
rules apply to organizations providing contract
(ii) limitation of travel and subsistence charges services to the project. This includes specific ap-
by grantees to levels allowed under current Federal proval by the Commission of inajor subcontract
Government travel regulations. arrangements entered into after grant award.
(iii) disallowance of certain types uf costs such Bureau of the Budget Circular No. A-87 provides
as land costs, organization dues, entertainment ex- that certain costs nr portions thereof are not allow-
penses;purchase of automobiles able. VV�ien any non-allowable costs are included in
' the budget, at�ach a statement that indic�tes the
(iv) disallowance of indirect costs for public amount and source of other Federal financial assist- '�` �
agencies and allo��ance of such costs only for pri- ance, and the costs with which it is associated.
' , ' ' _I__ _ . .
C.
� STATE OF MINNESOTA APPLICATION FOR GRANT
GOVEKNOR'S COMMISSION ON CRIME
PREVENTION AND CONTR,OL ' Page 5
Project Plan and Supporting Data:
THE JUSTIF'ICATION FOR, AND NEED TO ESTABLISH A CIVILIAN POL,ICE LEGAL ADVISOR WITHIN
POLICE AGENCIES IS SO WELL ESTABLISHED THAT LITTLE DISCUSSION OF THE PROGRAMTS MERIT
[S REQUIRED, THE PRESIDENTtS COMMISSION ON LAW ENFORCEMENT AND ADMINISTRATION
OF .JUSTICE-TASK FORCE POLICE, THOROUGHLY COVERED THE SUBJECT �P. 63-7), AND A COPY
OF THAT SECTION IS qPPENDED TO THIS APPLICATION,
IF THIS PROPOSAL IS APPROVED� IMMEDIATE STEPS WILL BE TAKEN TO ESTABLISH A CLASSIFIED �
POSITION IN THE CIVIL SERVICE F.3UREAU FOR A POLICE LEGAL ADVISOR AND A SELECTION PF20CESS
WILL BE ESTABLlSHED, -
OFFICE SPqCE AND OTHER SUPPORTIVE EQUIPMENT AND PERSONNEL WILL BE OBTAINED, NO
MORE THAN SEVERAL MONTHS WILL BE REQUIRED FROM APPROVAL�FUNDING TO BEING OPERATlONAL.
THE ST. PAUL BUREAU OF POLICE WILL FULLY FUND THIS PROGRAM, IF SUCCESSFUL, AFTER THE �
FlRST YEAR. . .
BECAUSE THE LEGAL ADVlSORTS ACTIVITIES AND RESPONSIBILITIES WILL TRANSCEND ORGANIZA-
• TlONAL LINES, HE WILL BE PLACED IN l'HE OFFICE .OF THE CHIEF AS A STAFF ASSISTANT, THIS �
�,,,� WILL FACILITATE THE COORDINATION OF HIS DUTIES qN,ONG THc STAFF AND LINE UNITS, AMONG
.HIS DUTIES HE WILL ADVISE AND ASSIST LINE UNITS �PATROL-(NVESTIGATORS) IN SUCH AREqS
AS ADVICE ON TECHNICAL MATTERS, AID IN PREPARING LEGAL DOCUMENTS �SEARCH WARRANTS)
AND COORDINATING INVESTIGATIVE ACTIVITlES WITIi THE CITY AND COUNTY ATTORNEYS� OFFICE,
AMONG HIS STAFF FUNCTIONS WILL BE ACADEMY LECTURING, PREPARATION OF LEGAL TRAINING
MATERIAL, AND COORD(NATION OF ALL LEGAL TRAINING. THE LEGAL ADVISOR WILL ADVISE THE
CHIEF OF POLICE AND HIS STAFF ON POLICY AND ADMINISTRATIVE MATTERS AND WILL INTERPRET
LAWS AND REGULATIONS PERTINENT TO DEPARTMENTAL ADMINI$TRATION,
THE POSITION OF LEGAL ADVISOR IS NOT INTENDED TO RF_LIEVE OR INFRINGE UPON qNY OF
THE POLICE RELATED DUTIES OF EITHER THE Ca1TY OR COUNTY ATTORNEYS. INSTEAD� THIS POSI-
TlOM WILL COMPLIMENT EXISTING SERVlCES, GIVE US IN-HOUSE ACCESS TO THE INTEN.SIVE
LEGAL ASSlSTANCE NEEDL'D AND TEND TO COORDINqTE THE ENTIRE RANGE OF LEGAL NEEDS WG
NOW HAVE WITH THE LEGAL SERV(CES AVAILABLE TO US, �
WE FEEL THIS PROGRAM HOLDS GREAT PROMISE FOR THE CONTINUED GROWTH qND DEVELOPMENT
OF OUR BUREAU, THE PROFESSIONqL ASSISTANCE WE WOULD GAIN WIL.L FILL A VOID WHICH NOW
EXISTS, AND WILL CONTRIBUTE MATERIALLY TO THE BUREAU�S OPERATIONAL EFFECTIVENESS,
THE TWO ADDENDUMS TO THIS PROPOSAL ARE EXCELLENT ADVOCATES OF THE POLICE LEGAL
_ A�VISOR CONCEPT, � �
� , �
' • � , '
�
Fach of the informationd2 items outlined below tion of national, regional, or other signifi-
should be indicated as clearly and comprehensively cance. Specify, in particular, what innova-
as possible in the Project Plar.and Supporting Data. tions or new knowledge the project seeks to
Certain items may require more elaboration or at- test or develop and how this can be trans-
tention than others, but none should be omitted. The ferr.ed to or utilized by other groups and
Governor's Commission should be consulted as to communities.
the scope of the following for each project: 3. Continuation.
I. GoaLg (Indicate) Indicate what prospects exist for continued
(i) nature of problem and need to be met, ���ing of the specific project or the ideas,
methods, and techniques it seeks to advance
(ii) target groups or organizations af�ected or after Federal support has been terminated.
benefited, Suggest sources such as how this will be
(ui) what it is hoped the project will demon- accomplished.
strate or achieve. Provide sufficient background to 4. Dissemination.
permit full understanding of objectives and, where Tndicate how project results will be reported
_ appropriate, refer to and compare work or efforts or disseminated and what other steps can be
by others in similar areas. . taken to facilitate transmission of the lessons
II. Methods � and findings of the project.
Indicate as precisely as possible how the project �, Resources (Indicate each item separately)
will be executed and what design or methods will be 1, Qualifications and Facilities of Grantee.
utilized in implementing the project. This should Indicate past achievements, experience, and
include other activities that qualify the grantee to
(i) a description of the various steps and stages conduct the project or have relevance to the
of the project, project work. Include previous projects as-
(u) what will be done at each stage�and esti- sisted directly or indirectly by Federal
mated time intervals involved, sources. Describe facilities and resources
(iii) how the work will be organized,and availa�le to the grantee for�the project.
(iv) who will handle each eleme�t. 2, Staff and Staff Organization.
. In training projects, the "methods" description (i) List names of and provide short biograph-
should also include ical sketches (one or two paragraphs) on pro-
(i) type of trau�ir�;p�oposad, ject director, other professional staff merxibers
(ii) an outline of curriculuzn, and key consultants. Sketches should speciiy
(iii) number of individuals and course presen- position m project, educational background,
tations to be involved,and ' past employment and experience, and publi-
(iv) teaching methods and materials contem- cations or other professional recognitzon.
plated. (ii) to the extent not previously set out, de-
scribe staff organization of the project, :ines
� III. Results (Indicate each item separately) of decision, and policy or advisory bodies con-
1. Evaluation. � cerned with project execution.
Indicate what arrangements will be made to � 3. Cooperating or Participating Agencies.
evaluate project results such as methods and List all other agencies or groups
criteria to be used, who will undertake. This (i) who will participate in execution of the
�is an important aspect of the project and project
should be accorded the same advance plan- (ii) whose cooperation or support is neces-
ning as the project design itself. If the appli- sary to its success. If not previously set out,
cant desires Commission assistance in this indicate their role in the project and relation-
respect,it should so indicate. ships with grantee. Wherever possible, fur-
2. Significance. nish evidence of the support of willingness to
Describe what aspects of the program would undertake project roles of such agencies or
justit,� its support as offering an effort, work orga�izations such as, letters of endorsement
product, model, experiment, or demonstr4- by authorized of�'icers.
NUT]E QI�T �1'I'ILIZAT�()1\t OF SERVICE5, FACILI'I'�E5 AT�1D EQUIPli'iENT
SECTION 303(5) OF THE AC'T REQUIRES ITIES, AND EQUIPMENT. THIS APPLICATION
THAT PROJECTS PRQVIDE FOIi, EFFECI'IVE SHOULD IDENTIFY WHICH COMPONENTS OF
UTILIZATION OF EXI5TING FACILITIES AND THE PROJECT PROVIDE OR LAY THE
PER.Ml'r AND ENCOUR.AG� UNITS OF GF1V- GROUNDWORK FOR IMPROVED UTILIZA-
ER,AL LOCAL GOVERNMENT TO COM�INE TION OF FACILITIES AND FOR APPROPRI- ,
OR PROVI�E FOR COOPER,ATNE �4.RRA��'GU ATE SHAR.ING, POOLING OR CONSOLIDA-
NEI3TS WITH R�SPECT TO SERVICE�, FACIL- TIO1�T OF FACILITIES AND RESOURCE5.
i_..i:c:dl..� -� ..�....a.....�c.... _.� r.. ,.� .�. _,_ ._�.� _.:,. . �...::.:. .::. . ,........ ., ._.,_..�, ., -- -�t � - .
' t � � � �TM'7F,a6^�/9(,'+ �.� T", , "
'�_�,� ,',." �''�L� f'���� w� l��� ������ By John H. [3urpo . .
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�—'—""` �— tl�c manpow•er to dcal n�ith police 6. Problems arisi�tg orrl oJ spe-
-�,,,� problems. tiiy conclusion �.as that ci�c cases. Daily problems of a
• the legal advisor is a vital asset to le�al naturc arise t}18l 'fC(�111I'C in-
� the tut�ctioning of a police depart- stantaneous decisions, decisions
ment. that mean the di�'erence bet���een
`;� The spectrum of dutics that a valid or invalid arrests, searches
t�"� Iega1 advisor may undertake is and seizures. ?hese si[uations
br�ad. The 1967 Task•Porce IZe- should be handled by thc le�at ad-
_ pori on the Police, �vhich forms the visor, whose proximity Icnds itself
basis for the report by the Presi- to the police of3icers seekin; his
�dent's C;ommission on Law Fn- advice rather than making an un-
forcement and Administration of certain decision.
� Justice (Challeii�e of Cri�ne I�i A 'I'he legal advisor concept has
Free S'ocretyj, enumerates the du- been advanced on the theoretical
. ties that the Legal Advisor may administrative level by a number of
perform: l ' authorities othcr than the Task
. 1. 1'rcrining and coritinui�rg edu- I'orce. Report oi2 the Police. O. �'V.
. catron. The Le�al Acivisor should \Vilson, advocates the LeRal Advi-
. handle the ]egal phases of recruit sor in both of his texts, Police Plnn-
and in-service trainin�; such as »ing'- and Police Adnrinrstr�tion.3
� training academy lectures and the The President's Conunission ori
preparation of trairiing bulletins,in Crime in the District Of CO�llill-
the criminal law field. bia stresses the need far a IeRal
2. Policy Plannino. Legal prob- advisor.} y
� lems arisc in the forniulation of In 1967, 14 legal advisors ���ere
policies related to the enforcement employed by police departments in
of ofienses and the processing of the United States, £ of these bcin�
the ofIender, problems that should full-time employees, �v�lllC thC OlI1CI
be evaluated and resol��ed b}� the 6 were part-time la�v}�ers.�� As of
- legal advisor. The leRal advisor is ��fay, 1969,.there were 18 full-time
abla to interp:et current case la�.v 1e�al a�visors or ofTices in unit�d
and translate that law into func- States mlu�icipal police depart-
tional police practice and policy ments, with 3 part-time advisors
(e.g.; "Stop and Frisk" guidelines and 8 outside a�encies ci��ing the
. � based upon the 1968 Uiiited States police ]egal assistance.� It is a sad
Supreme Court Case, Ter;y :�. �,ommenta.}� on r.�i�nicipal pel:ce
• Oliio). service in the U�lited States, «�hich
� . 3. Liaisar ti��ith the Legislatrrre is ostensibly concerned �vith up-
arrd the Conrnritnity. Tl�e legal _radin� all phases of la�v enforce-
advisor is able to draft and pro- ment, that there has been an in-
wednesday, 28 May 1969, �vas mote legislation that is oriented to crease of only 10 full-time police
a routine da}� for me as Lecal Ad- police needs: He can also elicit 1e�a1 advisors in the past t�vo years.
� visor to the Ttzcson Police Depart- support from the commutiity for This negli�ible increase is es;�e-
ment—draftinR a search �varrant la�v enforecment programs throu�h ciailv discoura�ing in li�ht of the
� for a narcotics detecti��e, discussing speech-makinb and other public President's Cornmission on La��•
with a patrol ser}eant ho«- to han- functions. Enforcement and Administration
dle a group of lzippies con;regating 4. Liuison wit1: prosecution and of Justice explicit reconu»endation
nightly .at a cirive-in restaurant, corirts.A communication gap often in its text, T{ie Cliu!lerige of Crinre
. drafting a mcmorandum to the e�ists between the prosecutor and i�i a Frce Society�, that every me-
chief and captains reoarding new the police, resulting in numerous dium and large-sized department
Arizona legislation onythe field re- cases lost in court. This gap can slroc�l�l employ a skilled la�vyer
lease by citation of misdemeanor be bridged by the. legal advisor, full-time as its legal aclvisor (em-
offenses, and a147p�' a lieutenant µ'ho can discuss and analyze prose- phasis added).'
xdvice�on the elements'necessary cutive problems �vith the prosccu- There arc two factors contribut-
for a valid ��iretap application. At tor, and then resoh�e these prob- in� to the apparent lack of accep[-
tl�e end of the cEay, I asked my�self lems Uy calling to the attention of ance of the policc lesal advisor.
who �vould ha��e handled these the police areas of pracii,ce that Resistance to thc establis}iment of
problems if or►r Department did need imp�ovement. � a ]egal advisor oflice has contrib-
not have a le�al advisor. Leaving 5. I�JO»-crimi��nl n�Ivers�rry pro- trted to its ill success. Thc source
the solutions to the ofT�icers thcm- ceerlings, This duty concerns the of this resistance emanates from
selves «�ould be an undesirab!e al- ���i��linR of false arres[suits ar ainst - —
ter�iative. If they had not been t1i�- police ofiicers. 'Che )egal advisor =rorr�e Plnnning, p, 11 (Springficld, �9�Z�.
illlC� Clt � 8tI0I1lC C111 OIRt� � handle �Policc Rdministrrttion, p. (,0 (Ncw York,
certain of the answer to ti�cir par- ) Y J 5 1963).
tICU�3C prablcn�s, t�;Cv �YOl1�(� IIOt ttllS SllU.lfl011, ��t�IOU�.',�1 t�1C �Ct;�l� 'Rcport of thc Presidcnt's Commission on
1C1�'ISOI' Illl���lt ab�iicatc ihis rrs OIl- Crimc in thc llistrict of Columbia, pp, 173-174
}18VC rcquested �1SSISII[1CC. GO1tl� , P (��'�51����Fron. 1966).
�j� t0 t�1C CI�)� OC COUf1t�' 81I01'11C}r�5 Slt))�i�y 1�!l :S l�C1I?R�l;ti1C��CC� \vcll by �Tnsk Force Pcport: Thc Pnlicc, p. G3. •
�,;� O{11C�S 1711`.',�lt �l'l�'c; 50�1'CCj 1�1C �fOfJ- thC Clt�� <I1I01'I]C}'. � °1 Squad Car Lawper. 330, .,Rovicr of U.S.
` � Policc Lc�;al :�Jvisnn—�t:q• I?G9" (Chicago,
Icm at hand, hut on a da��-ti+-c1IIy ---^' -- 19G7).
i 7'rrsk Furct Rrport: The I'nlicr, pp. 63-GS �The C'!mllenge oJ Crime in n 1'ree Snciety,
bIlS15� t�1CSC 8�t'.IICI�S (�O Il0[ �11YC (\\'ashington, 19(,7). p. 114 (\VashinEton, 19(7).
. � SEPT[M3ER 19G9/THE POLICE Ct{1C!' 29
, , short-sighted po(ice ac�ministrators stages of dcvclopment and has not approval by the ABA would indi-
- who rcfusc to acccpt thc police yct achic�cd thc status or changc- catc thc national I3ar's rccognition
" Iegal advisor because of a reluc- generatin�� iorce of tl�e morc estab- of the needs of law enforcement,
tance to chan,e the status and to lished Police organizations. While and the Bar's willingness to partici-
hire civilians;�and from city at- LELU is establishin�itsclf as a rec- pale in the law enforcement proc-
� torneys who are covetous of thcir ognized nationwide organization, it ess. The ABA's Criminal La�v �
position as ad��isor to the police is probahle, based upon the statis- Section would be an idcal media ��
(«�l�en in actual practice the ciry tics of thc past t�vo }'ears, that the through which to endorse or pub-
attorney's of(ice has neither the police Je��al advisor concept �vill licize the police legal advisor
time nor manPo���er to handlc daity fail to makc si�nificant strides. For concept.
police problems)."I�he second difli- the police ;c�al ad��isur to become The Omnibus Crime Control
culty is findin� qualified attornc��s accepted in accordance �vith the and Safe Streets Act of 1968 es-
to fiil the Position. Northwestern Tas}: Force Report s�ecifications, tablished the Law Enforcement As-
Law School in Chica�o, Illinois, police or`�aniz_ations, and other sistance Administration and the
lias established thc I'olice Legal or�anization� and- a;;encies with respective State 3ustice Planning
�dvisor Pro�ram throu�h th� ad- broad bases of support and po�ver Agencies, both of which ha��e been
rr�irable efforts of Professor �red must becon:e invol��ed in the move- autl�orized to play a role in imple-
lnbau, in an attempt to foster the ment to establish le�al advisors in menting local law enforcement pro-
leLal ad��isor concept and to suppl}� municipal police departments. Four grams. LEAA is in a position to
specially trained attorne}�s to police or�anizations that could be espe- indicate to the State Justice Plan- .
dep�rtments in the United States, cially effective in insurin� the suc- ning Agencies its desire to have po-
This,�rogram,ho«�e��er,is sustained cess of the police Jegal acl��isor lice legal advisor ofTices established
by a 1"s:i��ited number of Ford Foun- concept are the International As- iii medium and large-sized munici-
datior� grants, and caimot be ex- sociatio�l of Chiefs of Police, the pal police departments. Once th�
peetec� to fulfill the needs of the American Bar Association, the L2w need and importance of the ]egal � .
many r,�unicipal police departments Enforcement Assistance Adminis- advisor is made apparent to the
if and ���hen the concept becomes tration, and the ;especti��e State State Justice Ylanning A�encies,
popular. Justice Plannin� A�encies, the lat- they could bc instrumental in bring-
� ?he T�sk Force Report on the ter two or�anizations operatinn un- ing the concept to the attention of
police estimates that between 250 der the Omnibus Crime Control the local police departmentc. Al-
to 400 full-:ime attorne}�s skilIed in and Safc Streets �ct of 1968. thoiigh the Omnibus Crime �3i11
criminal ]a�v, administrati��e la�v, The avo�ti�ed purpose of the In- programs must be initiated at the
and potice science�i�ill be necessary ternational Association of Chiefs local level, LEAA and the State
to adequatel�� satisfy� the manpo�ver of Police is "to seek o:it such pro- Justice Planning A��encies can rec-
- needs of municipal police depart- cedures (that ha��e uni�ersal appli- ommend pro�rams�that thev feel
menis throug};out the CO11111Cy.� cation to alt police dcpartn?ents) ���oulci up�rade ]a�v enforcement
This estimate is orossl�� disparate and to inform all police administra- aaencies. 'I'he estaUlishment of a
from the present number of 1 S full- tors and eYecuti�es of ne�v tech- legal advisor office wotild be a jus-
time legal ad��isors; and appears to niques and pro�ressi��e tactics." 11 tifiable expenditure of fcderal law
be an insurmountable �oal in IiRht The l��al ad��isor coiicept must as- enforcement funds (salary, law
of the resistance factor and the suredl>> be biven�the status of a library).
lacT�of qualified ma��po«�er. If the proRressive idea b�ced upon the The need for the legal advisor
legai ad��isor conceE�� is to become status it �vas afforded in the Task has been amply demonstrated by
a viable solution to F�olice depart- Force Report an�j thc President's the Task Force Report on the Po-
ments' le�al problems, solutions Commission Report, and should lice. 7hrough the combined par-
must be devised to insure its suc- therefore be gi�'en the, utmost con- ticipation of thc 1ACP, AI3A,
cess. sideration by IACP as a concept to LEAA, and the State Justice Plan-
A newl}'-formed nati<�nwide or- Ue promulgated on a natiom��ide ning Agencies in advancing this
ganization of legal ad��isors, La�v basis. IACP has numerous means idea, the police legal advisor con-
Enforcement LeQal L'nit, is makin� at its disposal to manifest its sup- cept �vill become an accepted ele-
an effort to popularize the leQal port of the police le,�al advisor con- ment of municipal law enforcement,
ad��isor concept. LELU cooperates cept—a special endorsemcnt at its and it will thereby contribute to
wrth the police legal adaisi�r pro- ann��al meetin«; recommendin� the the law enforcement professionali-
gram in the publication of th�. le�al position in its consultation services; zation process that is currently un-
advisor journal, Tlie Sqr�nd Cnr and disciissing the le��al advisor dcrway througliout the country. �t
La�tir�•er. This journal periodi,,ally ��•here applicable in its institutes. T/�e ar�thor, Joh1i 1�. 13in�po, is
contains articles that in some �.vay An acti��e endorsement of the po- Legal Arli�isor�o the Trreson Police
emphasize the importance of the lice ]eRal ad��isor by TACP ���ould
legal ad�•isor.10 LELU has made virtually guarantee the success of Deparinl�nl, Ttresoit, Ari;.o�ra. Ile
further attempts to lend an aura c�f. the coneept. hc�s a !aw rlc��rc�e from the Unii�er-
profcssionalism to the le�,al adviso- T'he American I3ar Association sity o/ �'e���rc�ssee a�rct �li�l pvsl-
concept b�� co-sponsorin, �vith thc� exerts a vast influcnce on the United �����lunte str�dies at Northx�ester�t
policc le�al advisor program an States leeal profe:si�n. AlthouRh 1_mv Sclioc�l r�r Clricngo. A�r. R,n�po
annuat conf�rence and in-service policcn�en are �enerally ���ar}� of h�rs �r(sa sei�rc�d ns 1 olice 1_e,al
traie�in�Pro;�ram for lc��al ad��isors. the lcgal profcssic�n,'' a stamp of ��l�'isc�r 7'rninc�c�ll tJic Gn�.�•I'oli�c
1_I�LU is still in its inci�icnt -- -_--- - Dc�pcu•!»rc�iit, Gnr�•, Inclin�tn n�rd at
J tt THe' Pu:irr Chiej. n:tober. 19G(,. p. ]S9, t/1C' �,�!'O1tYf ��U/!7/ J�O�/CC I�t�l�nrl-
e Set Tli: Task Force Reporr: Th<� Po(ice, � �.
•.':\CP—Its fiistury and Pi:rposc." J7JPf11, CI'01141 1 UNII, �/I(tfCUl(l; Q/1(�
pP.66-f.7. for a disciusiun of these factors. e.1he auihor h:i� r..i:hed this conclusion C1S J P�f,'Cl� l�.S.SISYQNI 10 (�IP 1��(>J'/�l-
. �Task force l:eport: The Pnlin•. p. GG. tln,ugh discustiuns �ri!h pulicemcn, leg�l ad-
lo� 1 Squad Cnr Lnirprr. 1S1. 2R0. vi>cri, and attorneys. ' 11'PSI �/7(11Q17Q ��1'1111P COl)!l171S.S'1011.
30 7NF POLICE CHI[F/SEPTEtdf3ER 19G9
i ' . , .
F t
� � . � Ap�iendix
All �?�z;� .
to m��. .
P peric�: . .
.�, �x
; wri�. � .
"'� ��f: THE POLICE L�GAL AI?VISOR
� �
wil!n�� � - .
intepi-
hey�t�
sow� ' .
it into �
� - � •
�
fs in, '
least : . . . .
�ndi- .
�uce
�ting ; In recent years the criminal law has become increas- Superintendent O. W. Wilson reemphasized the need for
�nge � in;ly complex. The appellate courts liave dramatically a legal unit to furnish advice to staff and field pec•sonnel
'ide. ' cnlarged their supen�ision over law enforcement agencies and to survey dePartmental orders and practices in the
too. � i« opinions that reflect a heightened conccrn �.:th the light of actual or p.oposed changes in the la�v.3 �iost
v��� ` detail and routine of policing.l These opinions have recendy, the Report of the President's Commission on
narro��ed the ra�ige of po]ice behavior and demanded Criine in the District of Columbia called for a permanent
t, ; more refined judg-ments at the earliest stages of an legal advisor for the \letropolian Police Department.'`
im•estigation. More and more; these initial jud;ments— Desnite thes�Tci ezte�� ��:l�r�ssiens of n�e�, f�•,�ueY�:t_
ii. ' �;pecially regarciing adn:issions, confessions, and searches menLS tociay employ legal advisors. A recent,nation�ti�de
iY'' ' —serve to determine the ultimate disposition of the case. survey of poiice departments conducted by the I�7ational
1d A mistaken conclusion by a pacrolman, usually the first League of Cities revealed that only 1?of 276 respondents
ef officer on the scene, is often irremediable, dooming an emplo��ed la�4yers, and of these, six were part-time em-
1 entire im•estiaation, particulariy if tlie en•or im-okes one ployees.s The Commis��on's o�vn ?'CS'�??'Ch, partic�:l^:1��
of the eaclusionary rules. 1'he short story is that toclay �n the study of municipa! court systems in l;altimore,
w . cases are"harder to make." Detroit, Denver, and the District of Columbia, supports
'• A necessary response, now mpre than ever Uefore, is the view that police legal services today are inadequate
� po?ice departments and po]icemen that are better trained at best and often notiexistent. 1'he fact is that�ti•itti fe�v
in il�e law and more sensitive to current judicial pro- exceptions State and municipal governments ha�•e not
: notIncernents. Such sensitivity wi11 mean that the recognized the importance of stafhng la�v enforcement
enormous po�rer and responsibility entrusted to the police agencies with la��•-trained personneL
ti•iil be e�ercised more discrir�inately and e;�ecti�•cly.
Gases �cill be more e�pertly screened, and those cases DUTTES OF THE LL'GAL ADVISOR
' �+•hich ultimately �o fonvard �vill have a sounder eviden-
' tiary foundation. • It is neither possible nor desirablc to blueprint here the
2 A major instrument for insuring this increased effec- pl'ecise functions a legal advisor or legal unit should per-
� tiveness is the introduction of 1a�tiyers into the law en- form. These will nece�earily vary from department to
;'' forcement process, particulai•ly iii the ai•eas of planning department. It is useful, liowever, to provide a catalog
� . and investigation. Even the best policeman and the of the types of duties tliat a la�vyei• i� especially capable
y best police administrator �vill, at times, need the advice of performing. 'These include: trainin� and continuin�
; of a la�vyer who is knowled�eable in administrative and education; policy planning; liaison with the le;islature
� • criminal la���. In faeY, the better the officer and the aud the coinmunity; liaison �t�ith prosecution and courts;
� departmenc, tlle more sensitive they will be to the com- civil siiits against individual of�icers;and problems arising
� plexih� of the law, and the inore likely to test their judg- out of specific investigations. From this catalog, in-
3 ments against those of the legal advisor. dividual police agencies can provide for assigrunents that
j ' Many police executives and police studies have rec- liest ref�ect their o�m special needs.
� nb'i71ZCCl IIIC ��alue of a legal advisor unit. As �OLI� A�O TRAlAIIIVG AND CONTINUING EDUCATION
; as ]934,a study of police administration in Boston recom-
� rnendcd that "a staff of la�vyers be included in the police The ]egal advisor cou]d assume a )arge, perhaps a pri-
or�anuation." = Nearly 30 �•ears later, Chicago Police mary, role in recruit and inservice training; or he could
� �Oao appcllnte cuurt r�-em m�de f nJingx on the permieaihle Iength ot an unden police���need competent edvice ee to hox•bcet to proceed !o protect the righu
�o•rr O�f('oHC6 inves�igetion, concluding t{�nt the oRcer rcmeinrd •'uudercorer^ o( nll" and "U�ie prolessi�,us! a.nis�ence ia nnt usuell�• arailaGle."
l Wo lon�. /iose v. L'nitrd Statn. 319 }'. :il 210 (D.C. Cir. l9o,i1. The Ji!nenl °flill�lime eUOrncye: li��stau, :�cw Yarl. Syrecuec, blrr phiu, Snn Antunio, F:em .
- �iitiri:ed ILe n�ajority•[ur under[eFin� to "�uperviee lhe police in thtir tunduct en� C.ily. 1liexou�i, and l'ortlnnJ. Oirg. Perl-timc e!sietance: New }Ievtn. Snn
� ' ul�n in�r�lign�ion." Id. et 1:G. Arhnr, 1'a�npa. Srot�s Ii1c�T, NrLr., end Odine. \(ir.n. Ullahumn City emplora
�Ilerriwn, 'Police AJmini+tration in liJston" (Sut��ey Crime end Criminal hod�a fUlLtime nnJ n p�rt-timc Irga:�d�ieor.
. lu�tice in Rnatou, rol. Ilf, Cnmhridg�: Hnrvard Unirrrnily Prese, 1')31). �• Chirf liilton Coer of ILe O.lahonw City 1'olice comwrnta that "lhe calue of
. `O. 1C. \1'ileon, ••Pnlice Clanning,^ 11 ('_' c�. 196.): cf. 1('ileon, •'Yolice Ad. pulicrmcn-Inwyero Lax Lren eo nmpl5 Jemonnirylyd lhn� �Lie drpartmen� e�eict� .
o�ioi.tretion,^ GO (2 ed. 1963). � the u.unl niles tu yenuit oiliccra to attend Inw FCIIUJI Ly pre(erred �hiit aeaiFn• .
� �I�cport o( ih� Presidcnt's Commiseion on Crimc in thc Disirirt of CnlumLia m��cts.° (Lrttcr to Ihc nuthur,\ler.1', I'X�6.)
� �73-17f (l9�), Sec alno Ihe rem�rks of lunntr New York yolice Cornmissinuec jinco ihe eurvey n�ea IR�CO� eerera! oll�er deparimenb hare retained Iegal
� 5���h+�� �• Alurphy, "Cour�n �ltuet Ne "Puld \�'hnt Lnw� NecJed Tn 1?alt i:rime aJrjenre.
� Troi�d�• A������en 7'einl l,awyen 17 (Urcember-Jxu�ur�� )9G5-1`iGG): "'i'ha .
VJ
r � . 64 �
` � limit himself to preparin� specifie aids such as an an- gest remedies. Some department or squad practices ha��c
' notated manual on the cr�n�inal code or rollcall training sun•i�•ed over time only because of insufticient fatnilia:;t,
! bulletins on recent judicial decisions and Icgisl1tive enact- �,•ith tlie case law. l�or exarriple, one prosecutor ���i:�,
: ments. In addition, he could prepare inate�rials on court- becatne iamiliar �vith police practices identified se�•en!
room procedures,iiicluding b►•ief csplanations of the�nost staiidard procedures that unnecessarily �ti�eakened e:;-
frequently encountered ruies of evic;ence, and courtroom fo:cen�ent. Ocie related to enforcen�ent of the la���s },ra
manners and dccon�m. . hibiting thc salc of �,�hisky aftcr houi-s. In ��'ashin,�r�;;,
. More gerierally, a need exists �o anticipate trends in cases against liyuor establishments are inade b}� sendi::�
the law and develop operating procedures to copc: �ti�ith an undercover man inside the preinises to make a pur-
them.� By alerting officers to current trends, it may be chase. The undercover man then swears to a search
possible to initiate inno��ati�•e administrative procedures warrant and a raid is made on the warrant. linder cur-
• that �vill �vard ofF o��erly restrictive court decisions. rent la�v; ho�ti•ever,. it is not necessary to ha�•e the ur,de;-
' In performing these various training tasks, the legal cover man hirnself si;n the warrant,and thereby re�•eal'n:s
advisor canhelp line oflicers achiere a better undei-stand- identity�ti•hen a motion to suppress is made in court. T'r.e
ing of their complc� role in socicty. For etiample, in detecti�•e in charge of the raid could s�+�ear to the�ti•a:nnt
attempting to understand jtidical decisions, most oflScers on tlie basis of the information given to him by a reiiab:e
have littic to draw upon except a thorou�h a�vareness of informant, the undercover agent.8 Another example, f:-
the day-to-day problems of battlin� crime. �1'hen es- �nore serious in its consequences, "concerns the practi�e
� planations of compleX le�a] procedures are cast only of the homicide squad of rounding up all �ti-itnecses to a
� against this narro�v backdrop, it becomes dif�icult for the case and taking them to headquarters to sort out the
individuai ofncer to develop more than a superrcial un- case. That procedure is potentially dcfecti��e if one ef
. derstanding of the case ]a�v. A ]egal advisor has the the �vitnesses turns out to be the detendant and then co;:-
background to construct broader ;auged training pro- fesses or incriminates himself while at headquartecs."'
grams,programs that will heighten sensrti�•ity to the com-
, . peting goals underlylI7� judical decisions and provide S LIAISON WITH THF, LEGISLATURE AND TfiE CODf\iU2hIT1'
befter foundation for assessing them.
'I'ypically, police a�encies are remote from the legisla-
. POLICY PLANNING LIVE PPOCCSS. �'VhCII l��v eniorcement ofticials do *ecite
grievances, they comrnonly do so witIiout consideratior.
Because total enforcement of the criminal la���s is—for of possible governmental reinedies. Consequent]}�; zre�
reasons given earlier in this report—neither practical nor whic}i are subject to legislative solutions often remain i;•
de.eirable, discretion in the enforcement of the la«-s has nored. A legal advisor could draft neec!ed statutes a:,c
to be exercised. Getierally, the police havc been hesita�;t evaluate the le�islatioii proposed by oihers. Iie cou;ci
to articulate or record for either iuiernal use or public estabiish coimnunic.tions�vieh the various]egislative coai-
information the criteria upoii�vhich enforcement decisions mittees coiicerned �vith enforcement and utilize them as
are made. The dif�ieulty is that althou�h �vide areas of a routine forum for tlie airin; of pol:ce problems. In
_ � flexibility are no��� left to police agencies �ti�ithout e��en addition, tlie le�al ad�•isor could lielp prepare the tes:i-
general policy guidance from the legislature or the courts, inon}� of the chief and other of�iciaJs before ]egis:ati�-e
police a�encies have not considered it tlieir task to de- comrnittees and, on oceasion, could l�imself represer.t the
� velop and articulate their o���n policies. As a result, im- department. Unli�e the city attorney wno presenu a
portant policy decisions afi�ectinn such problem areas as packa�e, of legislation, some of �vhicii ma}' ha�•e to b�
underco��er in�•estigations, informants, and alcoholic of- sacrificed, the legal advisor's only task is to mal:e police
fe�iders tend to vary from precinet to precinct and often needs kno�ti•n to tlie]egislature.
from officer to of�icer. Uniformity is lacking and deci- Associated witti these functions �vould be various com-
sions are seldom clear cut �ti�ithin the department itself. munity relations eft'orts aimed at wirming support ior law
_ Here, in the development of policies, and particularly enforceinent positions. 'I'hese could be directed nnt oniy-
those arising from the necessity for selective enforce- to tlie general public, but also to special governmental
ment, t)le legal advisor can aid uncertain police ezecu- agencies, such as the public sctiooi and housing aut�lor-
tives. According to one former police e�ecuti��e, I-Ierman ties; or the local poverty program, ivitli whom informa-
Goldstein, "tlie greatest pocential and necd is in the i�se tion and idcas could usefully be eaclianged.
' of the 1aw-trained man to assist t}ic ��olice administrator II� particular, a need exists for cc�peration bet�4•een
in t}ie formiilation of policies relatitig to cnforcement and
to the proccssing of the offender."'' the police and the antipoverty progi•a�ns. There is a
Another series of tasks concerns the re��ie�v of cases common untapped interest in the elimination of crime
' under investi�ation, particularly in organiz�d criuie. and po�•ert}'. Police a;encies could be incorporated into
Thcse ���ould include unsol�•ed cases as ���e11 as those efi'orts to improve housing, recreation, and mental health
cleared by arrest, and cases "]ost" in court or "dumped" facilities, among otheis. Too often, ho�4•ever, no com-
by the prosecutor or grand jury.� The �oal �vould be to munication exists bet��•cen the police and antipo�•erty
identify and evaluate current clepartmenc, s�uad, and workers. A le�a]unit witliin the 7�olice department could
precinct practices in a critical manncr, and then to sug- be the m,eans for the identi(ication of common problems.
' - a l.etler to thc Commieaion, Fcl,. 23, 19L6. l.encr Irom �;'nitcr li. f.uibbini, chie( Irie) n�torney, San Francisto dietrict tIIar• -
- ' t A Irgal edrieor ix euitcd for tLie continuing rcrirw fuuction, in parl I+Cf3U�C nty's otl'�rc O;ar.R, 1^(�(il.
' "in many oa�es the ufiictr xi❑ not disru�e :he prnblem with the pru,��cutor Lc• �\ir���uranduw !rom 1'Lrodnrr \:ienetman. 195161d�1t United St�lee ettocarF.
� uusa he Icela tt:e arrest n�ae good but thc pru.rc:oior •loet' thc caae iu murt."� lli�uict uf Columbia(>Inr.1-i,19ti5).
., o Ibid.
:�'�"� . � -
� . - .
� ' 65 ,
_ 1.iA150N �YTfH PROSECUTIOrI AIhD COliRTS � �n'aY LjCCI)I:tCUllilU�e cxcc ssrveing imOth��ack the i�i�c�eni
y , ) �
6 Excepting those fe�v departments w•}iich employ iegal tive to initiate imagina:ive and vi�orous investigations."
� �dvisors, most police forces receive on]}• sporldic eounsel
� (C0111 1�1C prosecutor's oflice or fl'OI71 1ri�S1�7dU3I Pl't�^�ll- YROSLEMS ARISING OUT Ofi SPECIFIC CASES •
t �o�s who have developed a special relationship �vith cer-
� tain squads or officers.10 The American Bar Foundation Much police ti�ork consists of making 1ega1 decisions
� researchers paint a black picture: "titi'hile private co,:nsel in comPlicated fact s�tuations with minimal time for
1 representing a busiiiess client �vould believe it to be of deliberation or discussion.. An erroneous decision ma��
� tl�e utrnost importance to consult fuilv with his client, produce an illegal search or an inadmissible confession
� prosecutors commonly proceed on the assuinption that t}ie that ��•ill condemn tlie i�l��esti�ation to failure and result
� potice need not be consulted. A prosecutor who under- in the ��uilty escaping piesecution and remaining free in
y sto�d the problems of the police � '^- �' could better de- the community. Ii� these situations �ti�ilere there are few
� cide �vhat issues are in greatest need of clarification." minutes to spare, a phone cail to the legal advisor could
# Commonl}',"communications bet���een the prosecutor and prove invaluable. If the le�al advisor �+�ere at head-
; the police chief are �•irtually nonesistent."" quarters, the precinct, in the cruiser, or otherwise readil}�
� Perhaps the pr.mary e�planation for this lack of co- available on an around-the-clocl: basis for visits to the
� ordination is that most prasecutor's o!ices are ur.der- scene, he �vould be even more effective. Even a tele-
; stafi'ed,sometimes se�•erely so,and cannot spare additional phone conversation, ho�4•ever, �vould permit key ques-
� manpo�+•er for needed cons��ltations�,�ith the police. Here tions to be posed and answered. The routine use of a
� the legal advisor could act as liaison officer translating, legal advisor in this capacity would also aid in the identi-
articulating, and implementing th� policies of each fication of practices wl�ich are contrary to law or inef{i- �
agency. He could.channel the coniplaints of the prose- cient, or both.
cutor and propose remedies for legitimate grie�•ances. He The legal adti•isor could also, in conjunction �vith the
could also maintaiii communications �rith sections such district attornev, prepai•e ���arrants and supporting af-
' as tlie appellate di�-ision, �+�hich rarel�� consult the police, fidavits, especially tliose �vhicl�, due to the danger of
'. eacn wl:en issues vital to law enforcement are being destruction or uisappearance of i;ie �vidence, are ne�u�u
; litigate�l. In this �va}' conflict would be minimized and at once. His ro.utine availability could increase com-
ui;derstandin�and cooperation increased,not only among pliance ��•ith the judicial preference for arrests and
loeal agencies but �ci:]i Federal investigatots and prose- searehes on a �carrant. In those jurisdictions ���liere tlie
` cutors as �ti•ell. In addition, appellate courts would be police themsel�•es draw up the information,he could draft .
better informed,since more enforce�iient data would fiIter the forms ai;d aid in 51;ing ihem out.
' up to them.
� Equa:ly importailt is tlie need to translate judicial de- DEPARTr�iL:�TAL LEGAL PF.OI1LEhiS•
cisions into standard operating procedures. The recent
'�Iiranda decision,'' for example, reqtiires that substan- The multitude of le�al problems affecting the pol'.ce
tial time and skill be devoted to the preparation of orders department as an entity i� omitted irom discussion here.
detailing interrogation policy. Since most prosecutats' 1�Zany of these]egal problems are not unique to the police,
ofTices do not corisider it their respor.sibility to translate but ai'�ect go�•ernmental a�encies generally. r'Ioreover,
:�-��ellate decisioiis into operatir.� p:ocedvres, the task they are i:ot directly related to cri�ne-combatting acti��ity
fatls to police agencics themselves ���ho hrpicaily perfonn and are presently liandled--on at Ieast a seuli-systematic
this considerable task��-ithout legal as�istance,or abandon basis—by the corporation coi.tnsel or cit}' attorney.
the e;i�ort entirel}•.
° The legal advisor could also serve as an informalliaison A CIVILIAN LEGAL ADVISOR
_ „•ith the trial courts, discussing���ith them policepractices
that concern or trouble them. In i\'ew York City, for As indicated earlier, most police departments, includ-
example, police eseci�tives routinel}' ��isit certain courts. ing those in large metropolitan centers, have no legal
counsel, and only a fe�v police a�encies in the entire
:�\CR1bfINAL ADVERSARY PROCfiL•'DIi�CS COU11tPy lia��e adequate �C�1 35S1Sidi]CC }�I'O�t2I11S. CiOri-
. sequently, opportunitics for empiric.al e�•aluation of tlie
T��pically, the responsibility for defendin� ci��l suits •perfonnance of the legal advisor are minimal, and con-
- against policemen arising out of ofiicial action bclongs clusions about thc statu�of thc advisor��•ithin the depart-
• ro the cit}' attorne�'s office. Sometimes, ho�vever, these ment and the qualifications of the advisor inust be dra�vn
�of�ices are so ovei•loadcd witli otliei• cases that the�• are cautiotisly.
unable to perforni ��•ell. And sotnetimes the la„�yei-s are Three distiiict ways of providing counsel exist, each of
uufamiliar with the legal issues invol��ed. n legal advisor which ofTets special be»efits and dra�cbacks: a civilian
could assist—or e��en asstirne pi•imai�• responsibility�—for emplo�•ee; a policeinail-la�v}�er; a prosecutor, assignecl
dcfendin� police oftice►-s in false ari•e.st and otlier suits. eithcr ori a rotatioTi or pei��ianent basis.
Policemen should not ]ive in fcar of civil suit; they A civilian ad��isor holds the greatest promise. Unlike
shotild kno�r that the��will be supported by able counsel i: th� prosecutor, ��no nnist to some degree setve t�co
� 1d There mey be n 1rw modrl ci�irs, a�ch aa �an Frnucieeo, wh�re �nA� o( iLe ��I� �Li: connectinn, �upetintcudrnt O. N. \�'ileon, in • deperlment�'ide .
- •Dr�ialued equada Las e pro.ci•u:or a++iFncd to it, and where ILe pelicr nlen memr�randum, ��rntr: "1 �-iil aiw�aca aupyorl lhe police oftieer n�ho. in !he p�r•
I.�•r l.�N�yrr. iin Ihe 1orce. Irtrnirws r�ith .�ltlornrr Crnerxl 'fl�omnv C. I.ynch (unnan�c o( Lie e.:i.:ned Izele, r>rrcieef aLet Le bolirc<a to Le his Irgnl autl:orit�•
' �n.1 Chirl o( Poli.:e Thomas 1. CaLil: O�nuary 1'kio). � � "in a nasunable n�annrr. 5uc1; nn odic�r nred not (.�ar rnmplaiute IileJ u�;aiust _
� ��IaFire, "Arrest: The lleci.ion 7'o Tnke a Sua���ret lnto Custo:ly,^ 515-$26 him. He r.rrJ eot frar Ihe ILrrat cl n lawsuit. 1�6c drpanmrnt and �Fr city
(IYl�I. . will de(enJ d�e it'.icrr agninst nr.y legal artion Lrought egainsl Litn nnd, by � .
" �=Ati�onda v.Aii;ona,38S U.S.43G(I�iG6). etntu�e, h�i11 a=sumr liability tor er.y Jamagco which might Le aeeeeecd;' p. 501
. � (keb.5.19G3). � .
r,,;,�_
- 'a.-,
.� �� 6g __ �
masters—the district attorney and the chief of police-- needs is dependent upon kno�vledge of what funetions
or the policeman-lawyer, who may reAect narrow agency the legal advisor will perform, and these �vill necessarily ;
perspectives, the civilian emplo}'ec is most likely to rep- vary, olten substantially,from department to department. ,
resent the fullest range of police needs �,•hile at the In somc places, the advisor will be responsible for trzin- �
same time reducing police isolation frairi othe.-Tnunicipal ing, or legislative re]ations, or policy planiiing; in ot}icrs,
agencies and the piiblic. Free from any particular �n- he�ti�ill perfonn none oi•all of these duties. A rer�sonaole
stitutional ties, the civilian ad��isor is likely to be more cstimate of minimum needs, ho���ever, may be made, e�•cn
' responsive both to civilians outside of law enforcement though it is difTicult to specify underlying criteria. The
and to agencies, such as welfare, education, and housing, following estimates represent the best guess of those niost
which communicate routinely with police agencies. A expericnced.
prosecutor-advisa• �nay be insensiti�-e to policing not There are five police departments servicin� cities in
geared exclusively to prosecutio�i as, for e�ample, in the excess of 1 tnillion population. At least five legal adviso:s
handling of the prostitute, the dnink, and the intrafanlily may be needed to meet tninimum necds of these depart-
assault. - ments and even this fig-ure is probably very consen�ative.
Of course, a le�al advisor who is responsible to the Based on his experience as deputy commissioner for le`al
police commissioner and not to an outside agency, such rnatters of the New York Police Department, Franklin
as the prosecutor, might lcad the de}nrtment down a Thomas feels that "hvice the number recommended
legal path dif�'erent froin that charted by the district at- would be the absolute minimum�to4fulfi1l properly the
torney. Such dive�gence could produce wicoordinated functions required of such advisors.
activity. It could also reflect legitiznate po�ice in±erests, Approeimately 17 cities range in population beriti�een
and thus serve to preserve organizational integrity by 500,00� and I million. At least three advisors should be
surfacing important differences in approzch. In any available. There are about 33 cities within the 2�0,000
event, die relationship between pros�cution and police to 500,000 population range. At least rivo advisor
should be no different—and no more dif�icult—than that should be budgeted. There are nearly E30 cities under
existing betwcen trial counsel and house counsel. 250,UC0 and over 100,000 population. At least one
If t�le legal advisor is detailed from the presecuto�'s of- advisor would fulfill minimurn staridarcis.
fice, l}iere �s inuie 11ne�t�]uGu til'ai NOiiGc: a:,u �,�O�CClitlO.l II] SIl]31Iet C:CIPS� Sl'C�2 2S tf?^SP�>P�O`.^•' 100,000 nr 50,nno
�i�ill travel similar tra.c�:s, and that investigations will be which may not need or be able to afi'ord a fuIl-rime 1e:;a1
prosecution oriented rather than directed to clearance by advisor, pooling an-angements—by �vhich several police
arrest or to peacekeeping functions. But there is aiso a agencies in a e;rven area vrould share a le�al advisor—
greater possibility that the pros�cutor-advisor will be should bc made. Frz�menta.tion of police sen�ices is
ove�tJ ser.sitive to t':r� pc':icies ef thc district attorne}�, and notoriot.�s 2nd the cor_L*non use of a le�al advisor could l�
comparatively insensitive to possible areas of difl�erence. a device n�t only for acquiring counsel, but �f ::::hi���in�
In some areas, the prosecutor �,•iL belong to a tii�erent greater coordination �anong separate police departments.
political party than that o€ the �nayor wlio appoints the All of the States, except Hawaii, maintain po;ice or
police chiei. If political riva.iry exists, the effectiveness high�ti�ay patml organUations. These departments ran,e
of tlie pmsecutor-advisor�vill be imp�.ired. in sworn rnembciship from 50 men in Nevzda to 2,i 95
Of course, in a very small department where it is not men in California. Total peLSOnnel as of December 31,
feasible, financially or othei�vise, to employ a ci��lian, a 1964, tivas 26;781 men. At least one advisor should be
prosecutor-advisor •ma�• be preferable. If the le�;al ad- budyeted for each Strte, and the ]ar,;est 5+�..tes, such as
visor is on the stai'� of the prosecutor, he should have I�'e�v York (2,464 ir.en) and Pennsylvania (2,OI� i��en),
substantial experience in t}iat of?ice, since senior police should einploy several ]aw-trained men. In additio�i,
officers often ktio�v inore law tlizn junior trial attorneys there are 773 counties w}uch operate road patrols, about
and so may avoid the en•ors and omissions which in- 100 of �ti�hich have unifornied forccs of over 100 men.
ekperienced prosecutors often make. Each of these should employ a full- or part-time advisor.
Regarding the prior expericnce of the legal advisor, Totaling these figures, the manpower necded to sunpl}'
� it is difficult to list specifically any special set of back- ininin�um needs ranges from 250 to 400 �nen skilled in
ground skills. Presumabl}• there are many career tracks criminal law, admiristrative law, and �lice science.
' ' that �ti�ould adequately preparc onc to be an advisor. . ,
These include: c�perience as a prosecutor; private p?'3C- RECRUITING LEGAL ADVISORS .
tice, particularly in the criminal field; law enforcement
eaperience, such as �vith the Fedei•al I3ureau of Investi- Two innovative pro;rams, one of which is specifically
gation or the `1'reasury Departinent; a police intern pro- aimed at pi•oducing ]egal advisors, have recentiy becn
' gram (discussed infr.�), initiated puisuatit to Ford Foundatioii �rants. The pro-
gram at the Northwestern Univetsity Law Schc�ol is "di-
Mnxrow�tt NEEDS rected primarily toward the dcvelopu�ent of police legal
advisois." 15 It providcs for a 2-}�czr training prograni
It is impossible to calculate �.�ith confidence the num- for graduate students, the fiist year being spent in resi-
ber of ad��isors needed now by police agencies across the dence at the law school and the second actually �vorking
cowitry. An estimate of the outer limits of manpo�ver in a police departtnetit. The police deparuTient recei�•es
. ��l.etter ta the Commiaiion, No�. 16, 1966. 13 RerieeJ Proyotnl�u the Ford Fouod�tiou(April 19Gt),p.2.
� _ .
a.
� . : � 67
F
:��vns t ty�scrvices of the intern frce of charge under the terms port strong resistance from the city attorney who �:om-
���}• : �( the fello�vship.'� At the cnd of th� second year—by monly claims that servicing the police is his e�:clusive
�nt. ' ,,.f,ich tune a thesis mtut be completed—the ua.inee re- province. Such a position reflects too narrow a vie�v of
�'n• ,���•es a master of law dc;ree. what it is the legal advisur does; most of tlie dutics of
��, Unlike the I�'orthwestern University program, the the legal advisor—outlined carlier in this paper—do t,,�t
��le ` •��lice internship program" at the University of �Yis- fall��zthin the scope of responsibility of the cit}'attorne�'s
��n ` consin La�v School is not "committed to the training of office, nor are they matters that he is especially equippcd
�ie • 1����-�� specifical]}� for assi�nment in 1 ��GIiCC agency," to handle. In areas w}iere there is overlapping responsi-
�t , but rather to expandin� the opportunitics fot• "interested bilit}�, as, for example, defending suits for false arrest,
? students to become familiar ���ith the major issues con- a record of vi�orous perfornlance by the city attorney
' jn ironting the police and other agencies in the cr:rninal could relieve tfie )e�al ad�-isor of all responsibility. Too
SQ� ` justice system." " Under the tenns of a $2G0,000 grant, often, ho�ti•ever, the cit}� attorney, although unwilling or
��' ` a pro�ram for la«� students to intern ���ith police aRencies unable to do the job himself, is also un�villing to permit
��''�• � has been developed. During thc summer of 1966, five others to do it.
�� � speciall�� selected students �ti�ere placed �vith the Chica;o As a result of opposition from tlie city attorney, several
�m Pol�ce llepartment, and a sixth �vith a �Visconsin police departments have ezmoufla.ged their legal adv�sor �vitli
� ; agenc��.'� ' such titles as "research analyst" or "research director,"
k Both the North�vestern and Wisconsin programs are and generally kept his status unofficial. ,
ima�inative and promising. In particular, the sti�ctur- Another source of resistance has been parado�cieally
�► � ing of the :v'orth���estern internship, whicli gives a la«yer the police executive himself. The reasons for this resist-
� t to tlie police department for a full year,acts as an induce- ance are harder to identify since they are rarely made
� ; ment to the city authorities to retain an advisor on a explicit. I�'o doubt they emerge from a general reluctance
�� � permanent basis. to hire civili�is or chan�e the status quo. To sone ex-
�' � Both prograrns, ho�ti�ever, represent onl}� small steps tent, they derive from igx�orance about �vhat it is a legal
� � for�ti•ard in meeting manpower needs. Tf the necessary advisor can do. In addition, in many departments, par-
pool of talent is to be created �vithin the next 5 years, ticularly the more professionalized ones, civil service re-
€'1 � it is essential now to finance both ne�v training programs, strictions combine to prevent the retaining of a la�vyer.
:� � expand etisting ones, develop plans for the involvement A final factor inhibitin� rer.n�itment is til?r attnl'nrvc
P # oE more lz�ti�•eis ;enerally in the pelice proress,19 and, �y}lo woulcl bc best qualifiecI to serve as Iega1 advisors have
- ; most important of all, recruit skilled la�a��ers from the access to more attra.ctive career opportunities. I3ot�: in
r i outside. terms of prestige and salary the talented prosecutor or
� � private practitioner is unlikcly to leave to serve as a
; t RESISTA\CE TO EMPLOYIIQG LA\NYERS IN LA�Y police legal advisor. But the Qains to the community arid
, � ENFORC�:�SEI�T the police—measured in more ef�'ective and fair law cn-
� forcement—axe so essential that ef�'orts to estal�lish the
� Despile the long recognized need for 2aw-trained per- �csition of police legal advicor and to make it an attrac-
sonnel in police woi•k, there has lieen over the }�eais only tive one for �killed attoi-neys must begin iminediately.
i� a handfiil of 1a�+�yers ��•orkin� in ]ocai law enforcement. If salary and career opportunities �ti�ere at least competi-
\'Vhile the need lias been great, the deinand has bee�i
i low,and the obstacles to employment often ovenvhelmin�. ��'e with otlier legal positions �vittun the criminal justice
One major source of resistance to the hirin� of le�al system,competent lawyers could be l�irecl. 11'ithout ques-
• auvisors is the cit}�attorne}�or corporation counsel. Po!ice tion,the po�ition of police le`al ad�•isor for a busy depart-
departme.nts which ha�•e retained a legal advisor, as well ment could become one of the most challenging positions
� as those �vho have unsuccessfully attempted to do so, re- in governinent.
� 16loung laxyera, h�ho have 1 or more yearn' ezpericnce, are givcu aonual "each Bar Auoeiation ahoald consider� a Legal Advisor7• Commiitee to Lsw
�tipends tanging betw�een f6,500 and fd.500, from whicL ia de�ucted approaimateh• Enforcement an pzrt of its conmunitr respoasibililiee." bfurp3y, aupra, note u. �
� i2.000 in tuition orer the 2ycar period. Recent law gradustes witF.out eipecience SucL committeee mny accomplish lit[Ie that de�nonetrably aids law enforcement,
t teceire�4,GM tor the first year and$i,C6�the eecond. .411 ntipends are tz:examyt. 6u1 their mere existence eould �en�e to.boost mornle, decrease isolation, and tot
7�6e giaot to Korthwestern, made in 1903, w�as for 5300,000 extending oecr 5���eara. Uie trame.vorl for continuiug interc}ian�e. T6e f'hilsdclphia Bar As�ociation
�� To date,fi��e fellorvships hare been granted. recently began a program aimed at training omcers to make a pinch thnt sticke.
ii Le�tez 4em 1'iof. Herman Goldsteir. to the Commission, Feb.^.3, 196G. "Bar To Teach Police New Ariest R'rinllce,^ Fhiledclphia ]nquirer, April ]8,
� 14Prior lo� U�e eummcr inteinship, the etudents »�cre giren a apecial scminar 196b. -
: to oricnt the� iox�ard polire w�ork. Seminnr topics included: the police pstrol Another approach Sncoh�es the estnbliehment of courses in the lax- school cur- �
lunetion, a�g�essive prereuti��e patrol, ferreting out �•ice activitiea, policing at ricufums that (ocus on enfurecmeut probleme. These tould include periods of
the opetating Irrrl, role of the law��ers in tht pulite agenty, and iure5tigating field oLservaiion, aud could be ele:tirc or requircd, ns is the case at R�illatnelte
tdme. Law School in calcm, Orcg. T6ere, Darid Gcary, then cLiei of police, pereiitted
1°One �et of plans demandc grenter in�•o)vemtnt of the bar association.. law students to tide in eqund cars and observe the tomplaint dcsk, radio room,
TTP��aIIT, the local bar aesuciation hae one committee, often several, dealing with aud jsils. It may Le that muuicipal gorermnente could eubsidize tha legel educe• �
ihe iwyortant proLlcros ot dc(endanta' rights and thc defenec of a criminal cate. Iioo of etudcnts intercalcd in law en(orcemcnt, studenta vrho would ercntually �
Few Lare a ainglc commincc aiding law en(orcement in a cuenparable mauner. •scrvc as]egal edviaure. � � �
Receotly, lormer I�ew Tork Yolice Commieeioner rfichael ]. DSurphy wrote tl�at "
�- � � . . ' ' ' .
�
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. � '.� �, �
LNILLIAM B. RANDALL, COUNTY ATTORNEY • RAMSEY COUNTY, STATC OF MINNESOTA
, i � � .
;� � � � Ramsey County Court House o Saint Paul,Minnesota 55102
THOMAS M.QUAYLE ; �r� "� , EDWARD E.Cl_EARY PAUL E. LINDHOLtvI
C/V/L DEPT. � �' ? .•j HOSPITAL,WELFARE& DOI'dESTIC CRIMINAL UEPT.
: ;' �( RELATIOIVS DEPT. .
�.�
� Ma�T �'9 �971
Chief �►. H. Rocaan �
Bure�,u of Police .
� 101 E, lOth Stre�t
St. Paul, T✓:i.nnesota 55101
Attention: Ser�eant John Sturner
Dear Six•: .
l�ne R�,�'!sey C;ount�T Attorney� s O�fice �ndorses your
application to t��e Govexnor� s Crir�e Com,,�ission for lund-- .
ing to escablish an in-house legal advisor for your
Bure au.
A Legal �dvisor, �hrou�h �rainin� anci counselling of
Bur.eau pe.rsonnel, will in our opinior_ add to �;he quali�y
of cases sent to us ior. pro.secution. ��Ie also bel'Leve
_ , tha�: his rewdily av�,ilable assistance c-;i11 expedi�ce the
ha,r_dling of many c ases e .
Our orfice c•rill bp most havUy to cooperate vaith S�our Le�a1
Advisors if' your requ�st is granted. ?�Te sincerely hope
your rea1uesti is gran-�ed.
Vertir"�;ruly yours,
. ,
t�..�`�,,�:;`7 i-� �',
, '',�'(,� � �, ?.�� ''k,y i7�
� •
- . . �PAUL E. LTNDHOL��i
• Assista�nt County A�;�;orney .
Chiei' of Criminal Division
PEL:nk � < .
• � . � ��'�,�� �
Area C�ta 612 4�ttT op , .
'- 2I3-St21 - �` � ;
R � 4
I. f �Y�� y
O
~ ' ' 't'�I���'1 ? THOMp.S J.STEAP.NS
� . ' �P ~� ARiHUR t-1. IJEISOh:
, PAUL F. McC!CSkEY, JR.
R.SCO1T DA�IES
� KEktQE7H J.f1Z?ATRICK ����� �� ��.����� ��Ll��7� DANIEIrI. FIC EfRR
Firsf/.as�sta�f
v
JEROME J.SEGAL KErlkETli A. SkR1EN
Spec�al Aas�sta�t LE G A L D E PA R71A E M T JONN C. McLAUGHUtl
ROBEFT C. HOeN[
31G Cify Hali, Sf. Paul, FAinncsota 55102 A. KEITFi NANZ[L
DAhtlf[. A. Y,LA$ � Ais�slanls
Corp=•tf'en Gounsei -
7ERRY F. SUILIYAN
• ' Invesfigator
. t��� 6, Y971
�•iz. ;Z�_C:1�4°C� ��-i. RO��ari
Ci�2.�r �r P�C�1]_�E'. .
�C�.4y� o� S�,i..� Paul , �
3��ar �ni�t_ �o:��n: -� •
rZc: �olice Le�al Advi:�or
I �rotxl d lil;e �o add my suppert ta your con�enplat�d acti�� .
to oi�{-.�i22 � full-tis:� la�r�.•�S �o «ct a� �hL L^c.�;al .�ci��isar �o.r ::rie
S�ini: 1�aul 13-ixreau or Po].ice. �is I under�tanc� ��, �his ���?-son
t•:�u�ci ���ro�e �u11 i�ime to natt�rs i:�vo�vir�g l�c�al ques�.ioi:s �r.cl
tak� �.,art in th� �r�ining o� �olic�, c�iving ef��c+� to i r�p�?� le����
picac�o.ure� . �
Over - thc pas� 10 years �he SuPr�.,�e Cour� haa mG�� r�iany �.�ci�a.ons
• whicl2 I^.av� gx_cat�.y a�zected ����v en�oLce��nt pxoceaurn� in thi.s c:o���.�a�y.
��irtv�il�t ever�• Poli.ce Dep�z°�z•:,��nt tc��za�r a.1«� r�eed of a fu:t��t�7 ra� I�cc,al
J:dvisoz i<� oruc�r ti�ut ��res�s are macxc prcpezZv, evi.der�ce a�u:�ia��d
prap�?��y, ��zd. s��tetticnf�� and ac�n�i�sior�a ac��in:;i:. itxte�~�:°i: a�e gi�-en
�ropezZ�< <�o ���t tl�os� �:Izo �Pa:ol��e thc la�� �o iiot ga fre� bccatzsc
o� techr�?cu�. d���fc.ct� in consuitution4l proc�dures.
� 's'he bveral� effcct of. �hese Sup:rct::� Cour�: :;�.�::;.w-w�ii;;, ;�. ta:i:?�,
ha� been c�cc,u. f;o;•?���r�z, it has no� Ucen witlicu�; ii.:� p�•oblern� umea�,�
� us c�h� arc� c:l:�xc;�c� �;�.Li� the responsibi�iuy o� e�lf:or_cir�c� f.�Ye lu�r <ar.ad
prosec�tirig tlt7�� guil�y. �e adcii�ion ot a f��11-�a.h�e Legal l�dv:isa�°
shpul� go a J ong e�ay tocraxd diminishing somc ��� these �roblc�m�.
VerX tru�y yours,
� ���1 �� �
%� �j�C'i?!''� J-l�'� . .
D1�17zLL Fi. xz,1�.s �
Corpo�:atia.~. Cut�n�el •
2�AK:j a ' �
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• cc: �;�gL-. ��uz•ner
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