JournalSPRING 2010

T H E F E D E R A L L A W E N F O R C E M E N T T R A I N I N G C E N T E R

FLETC

Helps Wounded Warriors 

Make the Most of Their 

Next Mission

page 21

WOUNDED WARRIORS

Rural Policing Institute

page 15

Digital Evidence

page 27

INSIDE:

FLETC Goes Green

page 9
This issue’s feature article pays tribute to America’s wounded 

military services members and shares the Federal Law 

Enforcement Training Center’s (FLETC) veteran employment 

outreach successes. On November 9, 2009, President Obama 

signed Executive Order 13518, Employment of Veterans in 

the Federal Government, which established policy within 

the Executive Branch, to enhance recruitment and promote 

employment of our veterans. While the FLETC has a rich history 

and reputation of employing veterans, this order strengthens 

our commitment to the soldiers, sailors and airmen who have 

served and sacrificed in defense of our Nation. Programs, such 

as the Operation Warfighter Initiative, have enabled the FLETC 

to recruit such talent as former U.S. Army Sergeant Jeff Buchalter, 

a wounded veteran of Operation Iraqi Freedom, whose story is 

shared in the feature.

Wounded Warriors

As a veteran who hails from a great family heritage of military 

service, I am proud of our Veterans Outreach Initiative 

accomplishments. I am also proud of the many articles 

contained in this spring edition which represent a transformation 

of seasons. 

Marcus Hill

marcus.hill@dhs.gov

MARCUS HILL

Assistant Director

Administration

FLETC
Volume 8, Issue 1 Spring 2010 Journal The FLETC

Contents

7 Employee Wellness

How the FLETC’s new Employee Wellness

 Program is shaping up.

9 FLETC Goes Green

Learn about the green initiatives, events 

and programs underway at the FLETC in this 

two-part series. 

15 Rural Policing Institute

How a new initiative plans to deliver training to 

rural law enforcement agencies and emergency 

responders.

18 Soft Power

Why the ability to get what you want through 

co-option and attraction can sometimes trump

hard power.

21 Wounded Warriors

How the FLETC’s Veterans Outreach Program is

reaching out to wounded warriors.

27 Digital Evidence

As digital devices have become increasingly

prolific in society, the FLETC training curriculum 

has adapted as well. 

31 Law Enforcement Operations in Rural Cold

Weather Environments

When it’s cold outside and weather conditions

become hazardous, remember this article.

35 Feds Feed Families

Find out how the FLETC and Partner

Organization employees collected over four tons 

of food for area families.

38 Private Searches in Cyberspace

Explore in depth the legal issues involved in

cybercrime investigations.

43 Commentary: Health & Fitness

It’s easier than you think to start a fitness

program. No special equipment required. 

Photo Credits: front cover and “Wounded Warriors” courteousy of the U.S. Marine Corps.

page

31
4 FLETC JOURNAL | SPRING 2010

Journal The FLETC

Volume 8, Issue 1 • Spring 2010

Director

Connie L. Patrick

Editorial Team

Stephen W. Brooks

Alicia Gregory

Richard Hazzard

William Norris, Ph.D.

Andy Smotzer

Susan B. Thornton

Design

Fred Charles

The FLETC Journal is an unofficial law enforcement 

training magazine produced and published by the 

Federal Law Enforcement Training Center. It is 

published and printed through the Media Support 

Division in conjunction with the Government Printing 

Office. Circulation is 4,000 and the FLETC Journal is 

also available electronically by following the links at 

the FLETC website: http://www.fletc.gov.

Views and opinions expressed in this publication are 

those of the authors, and do not necessarily reflect the 

FLETC training policy or doctrine. Articles, photographs, 

and other contributions are welcomed from the law 

enforcement training community and academia. 

Publication depends on general topical interest as 

judged by the editors. No changes to submitted copy 

will be made without the concurrence of the author(s). 

The editors may be contacted at (912) 554-4665.

byLines

Employee Wellness

Tony Madero is a Health and Fitness 

Instructor assigned as the Employee 

Wellness Program Manager. He is 

responsible for the implementation 

and management of health promotion 

services at all FLETC training sites 

and was recently detailed to the 

Office of Health Affairs to assist 

in the development of a DHSwide employee and organizational 

resilience program. 

Prior to coming to the FLETC in 

2002, Tony retired from the U.S Navy 

after 20 years of service as Chief Hospital Corpsman.

FLETC Goes Green

Willis Hunter presently serves as 

the Chief of Environmental and 

Safety Division at the Federal Law 

Enforcement Training Center (FLETC), 

a component of the Department of 

Homeland Security. 

In his current position, Mr. Hunter is 

responsible for ensuring FLETC’s compliance with federal and state environmental laws as well as compliance 

with Occupational Safety and Health 

Administration laws and regulations. 

Prior to assuming his current position, 

Hunter was the FLETC’s Chief Counsel 

for more than six years.

Rural Policing Institute

Charles “Chuck” Daenzer is the 

Chief of the Rural Policing Institute, 

Washington Operations Directorate, 

Federal Law Enforcement Training 

Center (FLETC), Glynco, GA. 

He is a Certified Occupational 

Instructor and holds a Bachelor of 

Science degree in Criminal Justice 

Administration and a Master of Education degree (Criminal Justice emphasis) from Troy State University. He is 

also a graduate of the Federal Executive Institute and the Department of 

Homeland Security’s Executive Leaders’ Program at the Naval Postgraduate 

School. 

A former Special Agent with the Air 

Force Office of Special Investigations, 

he gave more than 20 years of service 

to the U.S. Air Force, retiring in 2005 

while assigned as the Superintendent 

of the Air Force Special Investigations Academy at the FLETC’s Glynco 

Campus. After retiring from the Air 

Force and prior to his current position 

he served as the Division Chief of the 

FLETC’s Counterterrorism Division and 

Technical Operations Division.

Soft Power

Dominic Traina is a Customs and 

Border Protection (CBP) Supervisor/

Course Developer Instructor (CDI) 

detailed to the Federal Law Enforcement Training Center (FLETC), Physical 

Techniques Division (PTD). He also 

has served as an M.P. in the Marine 

Corps. He holds a Bachelor’s Degree from Loyola University in New 

Orleans and a Master’s of Science in 

International Relations and National 

Security from Troy University in Alabama. 

Wounded Warriors

James Bryant is a 21-year veteran of 

the U.S. Marine Corps. His duties 

“

Madero Hunter Daenzer
 

FLETC JOURNAL | SPRING 2010 5

Contributors

included Senior Drill Instructor, Water 

Safety Survival Instructor, and Senior Air 

Director for Tactical Air Defense. Jim 

is a graduate of the United States Navy 

Fighter Weapons School (“Topgun”), and 

served in Operations Desert Shield and 

Desert Storm. Jim’s post-military service 

includes serving as a Program Manager 

for the U.S. Marine Corps Transition 

Assistance Program, where he earned 

the “Big Dawg” award for outstanding 

service to veterans and their families. Jim 

joined the FLETC in September 2003 as 

Human Capital Program Analyst and is 

currently assigned to the Human Capital 

Operations Division, Talent and Position 

Branch, as a Human Resources Specialist. 

He earned dual B.A./B.S. degrees in 

Business Administration / Computer 

Information Systems from Chapman University, a Master’s degree in Management 

from National University, and a Master 

of Public Administration degree from the 

University of Colorado. Jim’s certifications include Career Development 

Facilitator Instructor (CDFI) and Senior 

Professional in Human Resources (SPHR). 

Jim is a participant in the FLETC Future 

Leaders Program, Class of 2010.

Digital Evidence

Preston L. Farley is a Senior Instructor for 

the Technical Operations Division at the 

U.S. Department of Homeland Security’s 

Federal Law Enforcement Training Center 

(FLETC), the largest law enforcement 

training organization in the United States, 

where he has been an instructor for the 

FLETC since 2004. 

In 2006 Farley became the Program 

Coordinator for the Seized Computer 

Evidence Recovery Specialist Training 

Program (SCERS) which is the introductory digital forensic analysis class open 

to all law enforcement officers/agents at 

both the local and federal level. 

His law enforcement career includes 

20 years as a United States Military member in both the active duty Air Force and 

the active duty Army culminating in nine 

years of investigative experience with the 

United States Army Criminal Investigation 

Division Command as a Special Agent. 

Farley has served in Germany as a Digital 

Crime Lab Investigator, a General Crimes 

Agent and in the Balkans as a War Crimes 

Investigator. Mr. Farley has specialized 

training in Dignitary Protective Services, 

Child Abuse Investigations, Crime Scene 

Processing, Death Investigations and 

Financial Crimes. Farley retired from the 

U.S. Army in June 2004.

Law Enforcement Operations in Rural 

Cold Weather Environments

Duke Speed is a firearms and 

tactics instructor assigned to FLETC, 

Cheltenham. He is a 20-year U.S. Marine 

Corps veteran (1979-1999, retired) and a 

graduate of the Marine Corps Mountain 

Warfare Training Center – Winter 

Mountain Leader Course.

“

Feds Feed Families

Vicki O’Connor is a program analyst for the 

FLETC’s Public Affairs Office. She started her 

federal career in Artesia, NM, in 1990 first, as 

a training technician, then as secretary and 

later administrative officer with the Immigration 

Officer Academy. She has been with the FLETC 

ten years, working at the Office of Artesia 

Operations, and in the Director’s Office at the 

FLETC headquarters, Glynco, GA. 

O’Connor has vast experience in radio and 

news broadcasting, working for KSVP/KTZA in 

Artesia, NM as the News Director. Her passion 

is working with local charities. She supports 

adult literacy programs, and teaches GED preparation to adults studying for their GED exam. 

O’Connor has served as a Court Appointed 

Special Advocate, and several of her children’s 

wall murals can be seen at various women’s 

and children’s shelters and family counseling 

interview rooms. She has also been active with 

community theatres for over 30 years.

Private Searches in Cyberspace

Bryan Lemons is the Deputy Assistant Director, 

Office of Training Operations, Glynco Training Directorate. He began his career at the 

FLETC in 1999 as a Senior Instructor in the 

Legal Division. He became the Branch Chief, 

Basic Training Branch in the LGD in 2001. In 

2005, Lemons was appointed to Division Chief, 

Environmental and Safety Division. In 2006, he 

assumed duties as the Deputy Assistant Director, Office of Training Support, Administrative 

Directorate, a postion he held until 2008 when 

he assumed his current responsibilities.

Health & Fitness

Andy Smotzer is a regular contributing writer to 

the Journal, and author of numerous articles in 

several nationally published law enforcement 

magazines. He is a former Secret Service 

Uniformed Division Officer. Currently, Andy 

is a Branch Chief for the Physical Techniques 

Division at FLETC, Glynco.

Smotzer

Bryant Farley

Speed

Traina

O’Connor
6 FLETC JOURNAL | SPRING 2010
 

FLETC JOURNAL | SPRING 2010 7

Employee Wellness

TONY MADERO

humberto.madero@dhs.gov

The Federal Law Enforcement Training Center (FLETC) has established an Employee Wellness 

Program (EWP) to enhance and maintain the health of all 

employees at its four national training sites. Program goals 

include providing education and guidance in health promotion areas such as fitness, diet and nutrition, weight management, stress management, tobacco cessation, men’s and 

women’s health issues, and substance abuse. In addition, 

health screenings and fairs will highlight the importance of 

regular medical check-ups and interventions when appropriate. 

The Wellness Program has been under development 

for sometime and has experienced a recent surge in activity. Building on initial implementation efforts by former 

Physical Training Division (PTD) management members, 

current Health and Fitness Branch Chief Andy Smotzer 

has provided important program support and guidance. 

Working with the staff of the Critical Incident Stress 

Management Office and other key members of the FLETC 

employee workforce, the program has reached new developmental goals. With the dedication of a three office suite at 

its Glynco, Georgia training facility, the FLETC has shown 

its commitment to this important quality-of-life program. 

This space includes an Education and Resource Room providing wellness brochures, handouts, magazines, and other 

health-related literature. Interactive displays allow visitors 

to readily see the benefits of maintaining a healthy lifestyle. 

Efforts are being made to establish these same services at 

FLETC Office of Field Training Sites. A Wellness Council has been formed and results from the recent Wellness 

Program Interest Survey are being reviewed in order to 

better provide targeted, relevant, and cost effective health 

promotion services. Work is continuing on a website that 

will enable all employees to have access to information to 

empower them to make healthy lifestyle choices.

Employee Wellness Program Manager Tony Madero is 

an experienced Health Promotion Director with many years 

designing and implementing wellness programs and services. While serving in the U.S. Navy, Tony designed and 

coordinated programs on board ships and at shore facilities 

and is very excited to bring these types of services to our 

employee population.

The FLETC EWP Office is located in Modular Building 

742 directly across from PTD and is open Monday through 

Friday from 7:30 am to 4:30 pm. For additional information please visit the office or call (912) 267-3436.
8 FLETC JOURNAL | SPRING 2010
 

FLETC JOURNAL | SPRING 2010 9

FLETC Goes Green 

WILLIS HUNTER

willis.hunter@dhs.gov

In a recent issue of Federal Times, the newspaper for government 

employees, there were several articles about environmental projects at a 

variety of Federal agencies. One article went into great detail about a 

massive solar energy project currently underway at the Army’s Fort Irwin 

training center in California. Another discussed the Navy’s quest for a 

green fleet. Still another described the 5.3 million ton carbon footprint 

of the U.S. Postal Service. And finally, there was a brief note about the 

Department of Defense’s search for alternative fuels.

DIGGING GREEN. FLETC 

Director Connie Patrick 

(right), Environmental and 

Safety Division Chief Willis 

Hunter, and FLETC Deputy 

Director Ken Keene help 

plant a new tree to celebrate 

Earth Day.
10 FLETC JOURNAL | SPRING 2010

These days it seems Americans 

are being bombarded daily with 

the importance of making lifestyle 

changes to benefit the environment. 

From television commercials advertising hybrid, flex-fuel vehicles and clean 

diesel engines to magazine articles 

discussing global warming, we are being constantly reminded that there is a 

need to be “green.” It should come as 

no surprise then, that Federal Law Enforcement Training Center (FLETC) 

employees from the Environmental 

and Safety Division (EVS) and other 

divisions have seemingly been working 

at warp speed to implement environmental awareness activities and other 

programs in order to reduce the impact 

of law enforcement training on the 

environment.

The new programs and activities 

have run the gamut from developing green ammunition to conducting 

summer and winter bird counts at the 

Glynco campus. This article is presented in an effort to keep FLETC 

and partner organization employees 

informed about some of the “green” activities, events and programs that have 

been underway at the FLETC.

Earth Day 2009

In April of this year, the EVS staff 

hosted the first ever Earth Day celebration at the Glynco campus as an 

awareness event. Joining the more 

than 20 million Americans celebrating 

Earth Day nationwide, approximately 

50 employees, including Director Connie Patrick, participated in the event 

and listened to remarks from Deputy 

Director Ken Keene who spoke on 

the history of Earth Day and some of 

the ongoing environmental projects 

underway at the FLETC. Director 

Keene also shared with attendees that 

the Earth Day celebration was a special event for him personally because 

he had participated in the very first 

Earth Day celebration in the United 

States on April 22, 1970, while he was 

a student at Florida State University.

To commemorate the Earth Day 

celebration, Director Patrick and 

Deputy Director Keene helped EVS 

employees plant six crepe myrtles 

trees in front of Building 90. The 

crepe myrtles were selected because 

they produce a beautiful pink flower 

all summer long and they require no 

irrigation other than that provided by 

nature. The EVS staff hopes to make 

the Earth Day event an annual celebration and plans are already underway 

to partner with the Keep Brunswick 

and The Golden Isles Beautiful organization for next year’s Earth Day event. 

 

Executive Orders 13423 and 13514

A very significant environmental event 

occurred in January 2007 when President George W. Bush issued Executive 
 

FLETC JOURNAL | SPRING 2010 11

Order (EO) 13423, “Strengthening 

Federal Environmental, Energy, and 

Transportation Management” which 

mandated sweeping changes in the 

way governmental agencies conduct 

their activities; some of which are 

only now being implemented across 

the FLETC. Among some of the 

mandates included in EO 13423 are 

requirements to implement “green 

purchasing” programs, to improve 

fleet management by using more fuel 

efficient vehicles and hybrid vehicles, 

to better manage computers and other 

electronics throughout their useful 

life, to reduce water and energy use, 

to reduce solid waste by recycling, and 

implement an overall environmental 

management system.

On October 5, 2009, President 

Barack Obama issued his own Executive Order, EO 13514, “Federal 

Leadership in Environmental, Energy 

and Economic Performance” which 

builds on the EO 13423 requirements. The new EO keeps many of 

the targets detailed in EO 13423, but 

adds a new requirement that Federal 

agencies begin to implement steps to 

reduce greenhouse gases. As a result of 

these orders, several FLETC divisions 

are working more closely than ever 

to identify and implement beneficial 

changes across a wide range of activities.

EMS Implementation

One of the key components of EO 

13423 and EO 13514 is the requirement that each agency implement an 

environmental management system 

(EMS). An EMS is a management 

tool designed to make the organization 

more proactive in its management of 

activities that could harm the environment. EVS met the requirement to 

implement an EMS in late 2006 and 

has designed its EMS to meet the 

requirements of International Organization for Standardization (ISO) 

standard 14001. The ISO is an organization that establishes international 

standards for various management 

systems and standard 14001 is specifically designed for EMSs.

The FLETC EMS meets the Plan, 

Do, Check, Act methodology established by ISO 14001. The Plan aspect 

is establishing objectives and targets 

for environmental programs. The Do 

aspect is the actual implementation of 

the environmental program and the 

Check aspect is accomplished by conducting annual audits to determine the 

effectiveness of the program. Finally, 

the Act aspect is served through an annual senior management review of the 

EMS and its effectiveness.

 The FLETC EMS presently consists 

of approximately 20 environmental 

programs, including a Green Purchasing Program, an Energy Conserva-
12 FLETC JOURNAL | SPRING 2010

tion Program, a Fleet Management 

Program, a Hazardous Waste Management Program, a Storm Water 

Management Program, a Fuel Tank 

Management Program, a Recycling 

Program, as well as several others. 

Each of these programs has been 

implemented at all FLETC campuses 

and is under the day-to-day control of 

an environmental protection specialist 

who provides feedback to the EMS 

manager at Glynco. 

Chief Financial Officer’s 

Directorate

Another of the key EO 13423/13514 

components is the requirement that 

each Federal agency implement a 

green purchasing program. A green 

purchasing program is a commitment to looking for recycled products 

or environmentally friendly products 

that will meet the user’s needs rather 

than using products that may not be 

environmentally friendly. To meet 

this mandate, the Chief Financial 

Officer’s Directorate (CFO) and 

EVS researched the green purchasing 

programs at other Federal facilities to 

find a program it could use as a model. 

Eventually, the White House Closing 

the Circle award winning program 

at Robins Air Force Base in Warner 

Robins, Georgia was chosen as the 

model for the FLETC program.

Once the model was identified, EVS 

published a green purchasing handbook and the CFO’s staff provided 

training on the program requirements 

to all credit card holders and approving officials. EVS also published a 

pamphlet describing the green purchasing program. 

Chief Information Officer’s 

Directorate

EO 13423/13514 contains several 

requirements that impact the use of 

electronics and computer equipment. 

The orders require that when agencies 

acquire electronic products, they must 

seek products that meet Electronic 

Product Environmental Assessment 

Tool (EPEAT) standards, they must 

enable the Energy Star features on all 

electronic products to the maximum 

extent possible, they must establish 

policies to extend the useful life of 

electronic equipment, and they are required to implement environmentally 

friendly disposition practices when 

electronic products have reached the 

end of their useful life.

To meet these requirements, EVS 

has worked closely with the Office 

of the Chief Information Officer to 

implement policies to meet these 

EO goals. Earlier this summer, EVS 

published a directive entitled “Environmental Management of Electronics” which lists many of the changes 

that have been implemented to achieve 

these objectives. Among these is a 

commitment to purchasing computers and monitors that meet at least 

EPEAT-silver standards of efficiency 

and environmental friendliness. Other 

changes have included enabling En-
 

FLETC JOURNAL | SPRING 2010 13

ergy Star features, acquisition of 

copiers that allow duplex printing, and

setting computers and monitors to 

“sleep mode” after a certain period of 

inactivity.

Property Management Division

As part of the electronics management

program, EVS has partnered with 

the Property Management Division (PMD) as well. PMD’s role in 

electronics management has been to 

implement the EO 13423/13514 reuse and recycling requirements. PMD

has worked diligently to reuse electronics either at FLETC or at another 

partner organization if at all possible. 

If reuse by government entities is 

not an option, the PMD has done an 

outstanding job of finding schools or 

other charitable organizations where 

they can be put to beneficial use.

Electronics equipment that cannot be reused is recycled. PMD has 

entered into a partnership with UNICOR, an entity of Federal Prisons 

Industries, Inc., to recycle all unusable 

electronics. This collaboration is a 

win-win for FLETC and UNICOR. 

By taking FLETC’s obsolete and 

unusable electronics it is able to put 

Federal prisoners to work in the recycling business. For PMD, they have a 

recycler that takes obsolete equipment 

for recycling at no cost to the agency 

and with a guarantee that the recycled 

products will not end up as roadside 

trash in some third world country.

The results of the collaboration in 

the recycling of electronics between 

EVS, the CIO and PMD have been 

phenomenal. In the past two years, 

FLETC has been recognized at the 

national level as having one of the 

most environmentally sound electronics management programs in government. In 2008, FLETC received a 

silver-level award from the Environmental Protection Agency (EPA) for 

its overall electronics management 

program as part of the EPA’s Federal 

Electronics Challenge (FEC) program. PMD was also recognized as 

having the best reutilization and recycling program for small government 

agencies as part of the EPA’s Electronics Reuse and Recycling (ERRC) 

competition. And in 2009, FLETC 

was again recognized in connection by 

the FEC program with the award of 

EPA’s FEC gold-level award.

As an aside, as part of the management of electronics, PMD has 

established an electronics recycling 

program for FLETC and partner 

organization employees. This program 

allows FLETC employees at any site 

to bring in their obsolete or worn out 

electronic equipment and the FLETC 

property staff will recycle it for the 

employee at no cost. FLETC makes 

no money off of the recycling, but it 

does prevent a potentially toxic item 

from being disposed in a community 

landfill where it could cause harm at 

some point in the future. Employees 

who wish to recycle old cell phones 

can choose from one of two recycling 
14 FLETC JOURNAL | SPRING 2010

programs – they can be turned into the 

local property management staff for 

recycling, or they can be placed in collection boxes at each FLETC campus 

where Critical Incident Stress Management (CISM) employees collect 

them and recycle them for battered 

women and children’s programs. 

Another requirement of EO 

13423/13514 is a mandate that agencies operating a fleet of motor vehicles 

must seek to reduce the fleet’s total 

consumption of petroleum products 

by 2 percent annually, increase the 

use of non-petroleum based fuels by 

10 percent annually and use plug-in 

hybrid vehicles when commercially 

available at costs that are comparable 

to traditional petroleum based vehicles. 

This mandate has resulted in numerous changes in the way that FLETC’s 

fleet is being managed and the types of 

vehicles FLETC is bringing into the 

inventory.

One of the first changes has been 

PMD’s acquisition of numerous Tiger 

brand vehicles. The Tiger vehicles are 

smaller, low-fuel usage vehicles that 

are capable of being used on campus 

only due to their low speed levels. 

Several of these vehicles have been acquired and are being utilized by FMD 

personnel and other FLETC organizations who have a need for a low 

speed, low energy consuming vehicle.

Another fleet change is the current 

inventory exchange of older fleet vehicles for more than 150 new high fuel 

mileage vehicles. This one-for-one 

swap of older, low fuel mileage vehicles 

for new high fuel mileage vehicles is 

part of President Obama’s economic 

recovery program and it will go a long 

way toward helping FLETC meet our 

required 20 percent fuel use reduction. 

And while these changes are significant, more will occur as FLETC begins to examine the use of hybrid fuel 

vehicles both in the non-law enforcement and the law enforcement training environment since many of our 

customers in the field are beginning 

to consider the idea of using hybrid 

vehicles in day-to-day operations.

Still another change has been the 

implementation of E85 and biodiesel fuels at FLETC facilities. E85 is 

an alcohol fuel mixture that typically 

contains a mixture of up to 85 percent fuel ethanol mixed with gasoline. 

Biodiesel is a domestic, renewable fuel 

for diesel engines derived from natural 

oils like soybean oil. FLETC has been 

using these alternative fuel products in 

order to meet the Presidential mandate 

to increase the use of non-petroleum 

fuels.

EDITOR’S NOTE: This concludes part one of a 

two part series on the FLETC’s environmental 

initiatives. Part two will examine “green” activities 

to improve training in the Driver Marine Division, 

improvements in construction in the Facilities 

Management Division, the Firearms Division, and 

in EVS’s own natural resources management 

activities. 

Biodiesel is a domestic, 

renewable fuel for diesel 

engines derived from natural 

oils like soybean oil. 

FLETC has been using these 

alternative fuel products 

to meet the Presidential 

mandate.
 

FLETC JOURNAL | SPRING 2010 15

Rural Policing Institute

CHUCK DAENZER

chuck.daenzer@dhs.gov

The most recent US Census Bureau estimate places the 

population of the United States at over 300 million. 

Of those 300 million, more than 60 million live in rural areas, which actually make up about 97% of our nation’s land 

mass. Our fellow citizens who live in these rural lands rely 

on various law enforcement agencies for their law and order. 

Law enforcement in rural America is provided by Police 

Departments, Sheriff ’s Offices, Constables, Town Marshalls, Tribal and Campus Police. In addition to facing the 

normal challenges associated with working in the field of 

law enforcement, these rural agencies also experience issues 

with inadequate staffing and budgets. These factors make it 

difficult, if not impossible for the officers assigned to these 

agencies to receive much needed advanced training. With 

all of these various factors in mind, the US Congress created the Rural Policing Institute (RPI). 

In 2007, legislation that was part of the 9/11 Implementation Act, Public Law 110-53, mandated the Secretary of 

Homeland Security to create a RPI to be administered by 

the Federal Law Enforcement Training Center (FLETC). 

FLETC Director Connie Patrick chose the Office of State 

and Local Training (OSL) as the new home for the RPI. 

In the 2009 Department of Homeland Security (DHS) 

Appropriations, the RPI was funded for operation in the 

amount of $20 million ($4 million annually from 2009 

through 2013). With funding and a mission to deliver 

training to rural law enforcement agencies and other emergency responders in rural areas, the RPI began to deliver its 

first training programs in February 2009. 

The RPI must perform four very distinct functions, according to our enabling legislation. One, we must assess 

the training needs of rural law enforcement and emergency 
16 FLETC JOURNAL | SPRING 2010

responders. This we are doing through 

an interagency agreement with the US 

Department of Justice’s Community 

Oriented Policing Services Office 

(COPS). The assessment will be one 

of the most complex and thorough 

training needs assessments ever done 

for the law enforcement community. 

Two, the RPI must develop expert 

training programs that are responsive 

to the needs assessment. Congress 

also specified three topical areas in 

which they want training programs 

developed; they are Intelligence-Led 

Policing, Protection of Privacy and 

Protection of Civil Rights/Civil Liberties. Three, we must then deliver those 

programs that we develop. Four, we 

must conduct outreach so law enforcement agencies are aware of the RPI 

training. 

 Two questions asked most frequently are how agencies know 

whether or not they are “rural” according to the government and what is the 

benefit to qualifying. The answer to 

the second question is straightforward 

... tuition-free training and for at least 

fiscal year 2010, free lodging for RPI 

students who work more than 50 miles 

from the training site. The first question takes a bit more to answer.

With the creation of the RPI, we 

were required to qualify agencies 

based on a very narrow definition of 

the word “rural” as any area located 

outside of a metropolitan statistical 

area (MSA) as defined by the Office 

of Management and Budget. This 

definition did not adequately cover the 

intended customers and only allowed 

about 16% of all law enforcement 

agencies in the country to qualify. We 

know that there are many jurisdictions 

within MSAs that have very small 

departments and service small populations, and unfortunately this definition did not allow them to qualify 

as “rural” for our purposes. The RPI 

pursued a change of definition that 

would greatly increase the number of 

qualifying agencies and include those 

agencies that really need the training most. When President Obama 

signed the DHS 2010 Appropriations 

Bill, the definition was expanded to 

include “... any area that is located in 

a MSA and a county, borough, parish, or area under the jurisdiction of 

an Indian tribe with a population of 

not more than 50,000.” The effect was 

such that the number of agencies that 

became RPI-qualified went to more 

than 16,000, which actually covers 

about 90% of all state and local law 

enforcement agencies in the United 

States. These agencies bring with 

them individual needs for how they 

will most realistically be able to attend 

to their training needs.

Knowing this, the RPI is taking a multi-faceted approach to our 

development and delivery of training programs. We know that not all 

students learn the same and that the 

circumstances that exist in some agencies will require different approaches 

for development and delivery. The 

RPI will develop and deliver training 

through traditional classroom training, distance learning and the integration of technology such as satellite 

broadcasts and webcasting, as well as 

blending these approaches to provide 

potential students with varying options 

for learning. For many agencies, they 

are unable to afford the travel costs of 
 

FLETC JOURNAL | SPRING 2010 17

sending an officer to training, so we go 

to them. We conduct regional training to bring in students from multiple 

locations to make the most of our 

tuition and travel dollars. Without 

this regional approach, many of our 

students would not get to our training 

programs. There are, however, those 

who would not be able to get away 

from their jurisdiction for training no 

matter how close we get to them, for 

staffing or budget reasons. With this 

in mind, we are taking another approach by putting technology to work.

The RPI recently contracted with 

Critical Information Network (CiNet), 

which owns the Law Enforcement 

Training Network (LETN), to provide 1,000 subscriptions to the LETN 

Digital Video On-Demand learning 

portal, free of charge to rural agencies 

across the country. These one-year 

subscriptions provide officers with 

24/7 access to hard-hitting, contemporary law enforcement training topics 

via the Internet. 

The RPI will also rely very heavily 

on the FLETC’s Electronic Learning 

Portal (ELP), currently under development and projected to be fully operational in mid-January 2010. With 

the advent of the ELP, FLETC will 

provide to RPI-qualified students subscriptions to the learning content at no 

cost to the student or his agency. 

As mentioned earlier, outreach is 

also a major component of the RPI. If 

agencies are not aware of the RPI and 

its benefits, they cannot take advantage 

of them. The OSL and RPI spend a 

lot of time conducting outreach and 

marketing of the FLETC training 

programs available to RPI students. I 

personally spend a lot of time talking 

with rural police chiefs and sheriffs 

in various forums to tell them about 

the RPI and what we have to offer. 

We are also working closely with the 

membership of the State and Local 

Training Advisory Committee, which 

is an official, federally approved committee to the FLETC. To further our 

mission, and to maximize the taxpayer 

dollars we are appropriated, we are also 

working with organizations such as the 

International Association of Directors 

of Law Enforcement Standards and 

Training, the Rural Domestic Preparedness Consortium, the International Association of Chiefs of Police 

and the National Native American 

Law Enforcement Association, among 

many others. These groups are very influential and we share a common goal 

of delivering the best possible training 

to America’s rural law enforcement 

officers. 

This initiative is a major undertaking 

and requires a lot of hard work by a lot 

of people. The RPI staff works daily 

with staff from various offices and divisions from the FLETC Directorates, 

Partner Organizations and other major 

stakeholders in order to get training 

out the door. Without the teamwork 

of all of our partners, we would not be 

able to completely and effectively carry 

out the RPI’s mission of taking training to the heartland of America. 

More information about the RPI and training opportunities can be found at http://www.fletc.gov/

state-and-local/rural-policing-institute.
18 FLETC JOURNAL | SPRING 2010

Soft Power

The strategic benefits of applying soft power 

to homeland and national security

DOMINIC TRAINA

dominic.traina@dhs.gov

The continued use of soft power will 

strategically benefit both homeland 

and national security. There is a 

layered approach to both homeland and 

national security and the roots start 

at relationship building. In a recent 

article, written by the former Secretary 

of Homeland Security Michael 

Chertoff 1 published in the Harvard 

International Review, Chertoff makes 

a case for soft power.

Michael Chertoff states that, “to prevail, we must not only work hard to prevent terrorists from attacking, but we must also expend equal effort to prevent 

people from becoming terrorists in the first place.” In 

addition, Chertoff noted in an interview conducted by 

the Wall Street Journal that “a lasting victory in the 

safeguarding of the country can be achieved only by marrying traditional security with winning a contest of ideas, 

and a battle for the allegiance of men and women around 

the world.” Even General McChrystal’s new strategy of 

changing the mission in Afghanistan from pursuing the 

Taliban to focusing on protecting the Afghani’s has an 

underlying tone of soft power.

What is Soft Power in State Responsibility?

Defining power in a relational sense is noted that you 

have power over someone if you can get them to do 

something that they otherwise would not do. How does a 

state encourage soft power and states to become responsible stakeholders? A simple answer but often difficult to 

do is for a state to simply lead by example or just set an 

example through integrity, moral influence and diplomacy. This is what personifies the ideals that Professor 

Joseph S. Nye2, former Dean of The Kennedy School of 

Government at Harvard University and author of the 

2004 book Soft Power, promotes in his writings on the 

subject. According to Nye, who is considered by many 

scholars to have coined the term “soft power,” there are 

three types of approaches to foreign policy issues? One is 

“carrots” and that is essentially paying a state or encouraging a state to take action and be rewarded with some 

payment. Another is a “stick” and this is hard power. This 

is usually some type of economic sanctions, or a threat 

of or use of military force. Lastly, there is “soft power,” 

which essentially encourages states to make changes 

because they like you. You can get them to do what you 

want through attraction. An example of soft power is 

American popular culture such as Hollywood, a global 

icon such as the Statue of Liberty, or the Bill and Melinda Gates Foundation. Soft power in the realm of cost is 

very inexpensive in comparison to carrots and sticks. This 

is not to say that one is better than the other all tools of 

statecraft are critical in promoting security. 
 

FLETC JOURNAL | SPRING 2010 19

Current Soft Power Efforts in 

Homeland Security

The Department of Homeland has 

several roles to play in the promotion of soft power. First and foremost 

is the training that is provided at 

the International Law Enforcement 

Academies (ILEAs). The opportunities 

for Homeland Security instructors to 

teach in foreign countries and to share 

ideas with colleagues from other states 

are beneficial in attracting all towards 

a common goal. Other departments 

and agencies also offer similar types of 

training such as the Office of International Operations for the FBI, which 

establishes relationships with foreign 

countries by training thousands of 

foreign law enforcement personnel. 

The FBI also has liaisons that can 

effectively and responsibly combat terrorism, and other international criminal activity. Also, the DEA has formed 

Foreign-Deployed Advisory Support 

Teams (FAST), which are specially 

trained units that will set up schools 

to train local police on countering 

the drug trade. In addition, Customs 

and Border Protection, the nation’s 

lead agency in border security, offers 

its frontline officers and agents to 

take part in the Detection Deception 

and Eliciting Response course that is 

offered at the FLETC. This program 

encourages officers and agents to 

garner information by eliciting small 

bits of information through conversation this is a soft powered approach to 

interviewing. This is the first step in 

the promotion of soft power towards 

international travelers. It is more likely 

that an officer will be approached 

from a traveler and possibly be able to 

gather intelligence from a traveler if a 

relationship is developed. The eyes and 

ears of citizens who frequently travel 

abroad are some of the best sources 

of information in certain regions. 

Fostering a relationship with frequent 

travelers will make it more likely that 

the officer will be successful in obtaining intelligence. Since CBP Officers 

are the first person that a returning 

US citizen or international traveler 

will encounter it is imperative to leave 

a positive image. This is an easy yet 

inexpensive approach to soft power 

that is already a part of the Department of Homeland Security’s mode of 

operation. 

Other efforts that are taking place 

within homeland security such as the 

initiative by US Customs and Border 

Protection to have many of its officers 

and agents work with host countries 

overseas in securing the global supply 

chain. This effort is not just a security 

benefit for the US but is a benefit to 

the entire global supply chain. These 

initiatives such as the Container Security Initiative (CSI) and the Secure 

Freight Initiative (SFI) offers opportunities for US government officials 

to work with colleagues in many of 

the world’s busiest seaports that are 

vital links in keeping the global supply chain secure. The innovative CSI 

program was launched in 2002 and 

currently has officers located in 58 

foreign ports that are responsible for 

identifying high risk containers that 

are in the global supply chain. By 

using a system called the Automated 

Targeting System (ATS) that collects 

information along with current and 

strategic intelligence combing real 

time information from several CBP 

mainframe systems that filters this 

information and provides a risk based 

assessment. CSI officers can determine 

if a container needs a more thorough 

inspection prior to its being loaded on 

the vessel. 

Whenever US government officials 

either military or civilians have an opportunity to work with foreign governments then this is a win for soft power. 

There are many mid level military and 

civilian government officials that have 

influence over some of the highest 

ranking officials in foreign countries. 

It is not all that uncommon to find a 

mid career US military enlisted person 

or officer to be working with some of 

the highest ranking officials in many 

areas throughout the global community and this is also very common with 

US government civilian employees. 

This type of influence and attraction is 

critical to the future of US diplomacy 

and security.

All of these programs and other 

exchange programs and visits from 

foreign homeland security officials are 

also effective measures in soft power. 

Many civilian, law enforcement, and 

military officials have opportunities to 

train and work with officials of foreign states and the benefits from this 

training are lasting relationships and 

improvements in regional security for 

the host state as well as improvements 

in security for the US. Cooperation 

at all levels of law enforcement is 

enhanced through the international 

training programs that are offered by 

the FBI, DEA and DHS in both basic 

and advanced investigative techniques 

and the sharing of knowledge and 

intelligence. The training and relationship building will pay dividends via 

these soft power efforts. 

 1. Chertoff, Michael. (2008) Preventing Terrorism: A Case for Soft Power. Harvard International Review. 

Summer 2008. http://www.harvardir.org/articles/1764/

2. Nye, Joseph. (2004) Soft Power, Public Affairs New York, New York.

3. Simpson, Cay. (December 8, 2008) “Chertoff, Shifting Views on Security, Pushes Use of Soft Power.” 

The Wall Street Journal. 
20 FLETC JOURNAL | SPRING 2010
 

FLETC JOURNAL | SPRING 2010 21

Wounded Warriors

How the FLETC is helping wounded warriors make the most of their next mission

JIM BRYANT

jim.bryant@dhs.gov

“Veterans hold a special place in our country, but they also hold a special place at the Department of Homeland Security (DHS),” said Secretary Janet Napolitano during a recruitment fair presentation at the American 

Legion’s annual conference in Louisville, Kentucky, earlier this year. 

“Every day these men and women, who already have sacrificed so much for 

our nation, are helping achieve our mission to secure the country.” Secretary 

Napolitano estimated that roughly a quarter of the DHS workforce consists of 

veterans, including more than 2,100 who have a service-connected disability. 

Her goal is to employ 50,000 veterans throughout the department by 2012.

Capitalizing on the myriad experience and unique knowledge veterans and 

disabled veterans can offer today’s workforce, the Federal Law Enforcement 

Training Center (FLETC) makes the most of the skills honed by these former 

service members to fulfill its unique mission. Almost 40% of the FLETC’s 

workforce is comprised of American military veterans, and over 16% of the 

veterans hold a documented service-connected disability. 

As the FLETC Recruitment Council’s (FRC’s) Veterans Outreach CoJeff Buchalter with Jim Tabb, 

Branch Chief, Driver Training, 

FLETC Cheltenham.

Joseph Kashnow
22 FLETC JOURNAL | SPRING 2010

ordinator, Jim Bryant believes that 

these “Wounded Warriors” have made 

countless sacrifices and have voluntarily placed themselves in harm’s way for 

the purpose of protecting our freedom 

and our way of life, so the question he 

focuses on is, “How can we broaden 

our outreach to these veterans, especially those who have suffered serious 

wounds on the battlefield and are now 

trying to heal and transition back to 

civilian life?”

The FLETC FRC, co-chaired by 

Brenda Lloyd, Equal Employment 

Opportunity (EEO) Officer, and 

Brad Smith, Acting Deputy Assistant 

Director, Administration Directorate, 

was chartered in March 2009 to identify hard-to-recruit areas and to tackle 

the task of targeting specific skills and 

competencies. The development of a 

recruitment calendar, establishment 

of a team of over 30 trained recruiters, identification of event coordinators, and establishment of a Veterans 

Outreach Coordinator are some of the 

multiple initiatives supported this year 

by the FRC. 

Bryant, a 21-year United States Marine veteran, is a seven-year FLETC 

employee. When he completed his 

FRC Recruiter Training, led by Monte 

Council of the FLETC EEO Division, he researched the authorities 

now available for veteran recruitment 

and found that DHS actively participates in two recruitment approaches. 

The first approach is through an active 

Veterans Outreach Program (VOP), 

which primarily assists veterans in 

becoming aware of and informed 

about veteran hiring preferences and 

other hiring flexibilities. The second 

approach is through programs to help 

injured soldiers and disabled veterans 

gain skills and transition to civilian 

work. The Operation Warfighter Initiative (OWF) helps service members 
 

FLETC JOURNAL | SPRING 2010 23

who are recovering from injury to 

learn valuable skills and build their 

resumes. OWF offers a temporary 

assignment for service members who 

are convalescing at military treatment facilities throughout the United 

States. Primarily designed to provide 

recuperating service members with 

meaningful pursuits external to the 

hospital environment, the OWF offers 

a formal means of transition back to 

the military or civilian workforce. Detailed information on special veteran 

programs can be found at www.dhs.

gov/xabout/careers.

When asked to represent the 

FLETC at the Hiring Heroes Career 

Fair at Walter Reed Army Medical 

Center (WRAMC) in Washington, 

D.C., Bryant, a Buffalo, New York 

native, was immediately engaged. He 

spoke with Ted Sparks, Deputy Assistant Director, FLETC Office of 

Cheltenham Operations, prior to the 

event. They both shared their interests in hiring disabled veterans with 

military police experience, and Sparks 

especially favored hiring a disabled 

veteran to fill a specific vacancy in 

Cheltenham’s driver training branch. 

According to Bryant, “The hiring 

manager plays a critical role in defining the jobs that a disabled veteran can 

successfully perform, and Cheltenham 

is a great example. Cheltenham had 

been looking into hiring a disabled 

veteran, but getting little response 

through the myriad of websites.” According to Sparks, there are endless 

sites dedicated to veterans outreach 

and employment opportunities, however, “Many shut down as fast as they 

stand up so e-mails and phone calls go 

unanswered.”

The day of the Walter Reed Job Fair, 

Bryant interviewed U.S. Army Sergeant Jeffrey Buchalter and reported 

back to Sparks that he had spoken 
24 FLETC JOURNAL | SPRING 2010

Executive Order 

President Obama Launches Veterans 

Employment Initiative

On November 9, 2009 the White House announced the launch of an initiative designed to transform the federal government into 

the model employer for hiring America’s veterans. “This initiative is about more than repaying 

our debt for their courageous service and selfless 

sacrifice,” President Obama said. “It’s also about 

continuing to fill the ranks of Federal employees 

with men and women who possess the skills, dedication and sense of duty that Americans deserve 

from their public servants. And few embody 

those qualities like our nation’s veterans.”

President Obama signed the Executive Order 

to encourage the employment of veterans in the 

Federal government. The Order established a 

Veterans Employment Initiative, which emphasizes the importance of Federal agency recruitment and training for veterans and calls attention 

to increasing veteran employment within the 

Executive Branch. 

Department of Homeland Security (DHS) 

Secretary Janet Napolitano affirmed, “This 

Executive Order reflects the shared commitment across the Obama Administration to hiring 

American veterans. Veterans play a vital role in 

our mission to protect the nation, which is why 

we have pledged to grow our veteran workforce 

to more than 50,000 Department-wide by 2012.” 

The Executive Order creates the Council on 

Veterans Employment, a governmental interagency assembly whose goal it is to advise the 

President and the Director of the Office of 

Personnel Management (OPM) on the status of 

veteran employment. The Council will be chaired 

by the Secretary of Labor and the Secretary of 

Veterans Affairs, and OPM Director John Berry 

will serve as the Vice Chair and Chief Operating 

Officer. 

Additionally, OPM will issue a governmentwide strategic plan that will focus on creating 

leadership commitment and an infrastructure in 

each agency to promote continued skill development and successful employment strategies for 

veterans. 

with a potential candidate who 

met the experience requirements 

necessary for the open position. 

Bryant encouraged Buchalter to 

send his resume to Sparks and apply under the Voluntary Applicant 

File. 

Later that same day, Sparks 

received Buchalter’s resume, establishing a line of communication. 

Buchalter visited Cheltenham 

in June to meet the staff and see 

what the FLETC was all about. 

“There was no doubt that Jeff 

wanted to work for the FLETC, 

and we were determined on getting him on board,” added Sparks. 

After the initial paperwork was 

completed, persistence paid off, 

and Buchalter reported to Cheltenham on September 13, 2009. 

Buchalter’s military career 

spanned over six years as a member of the Military Police Corps. 

During his active duty, his assignments included three deployments in support of Operation 

Iraqi Freedom. When Bryant 

asked him why he had so many 

deployments in six years, Buchalter simply said, “I was just doing 

my job. We hadn’t completed our 

mission.” He endured a myriad of 

injuries in 2007 when an improvised explosive device (IED) 

detonated underneath his vehicle, 

causing multiple shrapnel wounds 

and a broken back. Buchalter was 

sent to WRAMC where he began 

his two-year road to recovery 

which included numerous surgeries, hospitalizations and rehabilitation. “Overcoming the physical 

injuries was tough, but the real 

challenge came when I faced the 

injuries that are not visible,” Buchalter explained. He deals with 

Post Traumatic Stress Disorder 

(PTSD). “With a physical injury, 

we deal with a healing process that 

can be witnessed. As we watch 

wounds close and heal, and as 

bones regain their strength there 

is a general timetable for recovery. 

With PTSD, the healing is not 

so clear and not so easily defined. 

I have worked very hard and am 

always determined to break barriers and achieve what I thought 

or was told was impossible. I 

couldn’t have done it alone. The 

credit should be given to the top 

notch staff at WRAMC and most 

importantly my loved ones who 

never let me quit.” 

When asked how he felt about 

the involuntary end to his military 

career, he said, “I’m full of mixed 

emotions; I loved being a soldier; 

wearing the uniform that bears the 

colors of the greatest nation on 

earth was an honor. I’m going to 

miss it all. On the other hand, I’m 

at a new beginning; it’s time to rediscover myself as Jeff Buchalter.” 

Bryant serves as a Human 

Resources Specialist for the Talent 

and Position Management Branch 

within the FLETC’s Human 

Capital Operations Division. He 

is a former Transition Assistance 

Program Manager for the U.S. 

Marine Corps and is proud of his 

work with veterans. As the Veterans Outreach Coordinator, Bryant 

believes that a wounded soldier is 
 

FLETC JOURNAL | SPRING 2010 25

not just going to walk up at a recruiting event and say, “Hey, I have 

a traumatic brain injury. Can you 

help me?” He believes the FLETC 

Recruiters must know what questions to ask and how to them.

On the same day Buchalter 

began his career with FLETC, Joseph Kashnow arrived at Cheltenham to start training for a position 

at the U.S. Mint. He completed 

the pilot class of the Infrastructure Protection Officer Training 

Program (IPOTP). Like Buchalter, Kashnow was hired by the U.S. 

Mint through the VOP. Kashnow 

served as a Calvary Scout with the 

U.S. Army and was injured during 

a convoy mission in September 

2003 when a roadside IED was 

remotely detonated. He spent 

nearly five years at the WRAMC 

undergoing 29 surgeries, and in 

2005 his right leg was amputated. 

He faced countless challenges 

with countless others soldiers, but 

now he is employed as a Physical 

Security Specialist. According to 

Bryant, Kashnow also relies on 

the support of the wife (who he 

married just before deploying) 

and his three-year-old. Kashnow 

believes, “I am privileged for the 

opportunity to continue to serve 

the United States of America. I 

cannot express enough gratitude 

to those who made it possible.” 

“Joe Kashnow shares defensive 

tactics as an U.S. Mint student in 

Cheltenham.”

 “For those interested in hiring 

veterans and disabled veterans, 

especially those who have suffered serious injuries,” Sparks 

explained, “I say nothing short 

of OUTSTANDING, given our 

experience. These veterans want to 

work. They have a great attitude 

and work ethic and generally, they 

have experience that far exceeds 

those we see in the typical applicant pool. The bottom line is we 

owe them a debt of gratitude and 

we all win,” he added.

DHS Leadership Journal. “Saluting the 

Contribution of Veterans to Our Department.” 

27 Aug 2009. www.dhs.gov/journal/leadership/2009/08/saluting-contribution-of-veterans-to.html. Accessed 26 October 2009.

Veterans Today. “Why Hire an Injured 

Veteran?” by Captain Lonnie Ryan. October 

1, 2009. http://www.veteranstoday.com. 

Accessed 22 October 2009.

FLETC Recruitment Council 

FLETC at Forefront 

of Recruitment Initiatives

Serving as the senior-level advisory body in support of recruitment activities at the 

Federal Law Enforcement Training Center 

(FLETC), the FLETC Recruitment Council 

(FRC) was chartered to review and analyze 

enterprise-wide recruitment initiatives, develop 

an effective and efficient operational budget that 

meets a list of identified targeted events, and 

benchmark innovative solutions that can positively impact the Center’s recruitment challenges. 

Working closely with various FLETC organizational units and stakeholders, the Council developed and implemented a recruitment strategy 

in conjunction with the FLETC Strategic Plan, 

the FLETC Human Capital Strategic Plan and 

the Department of Homeland Security (DHS) 

Human Capital Strategic Plan. The Council was 

also chartered to review various recruitment strategies in alignment with diversity goals to deliver 

recruitment recommendations to senior FLETC 

leadership. 

The FRC successfully trained over 30 recruiters 

to participate in various expositions, conferences 

and job fairs, has built an enterprise-wide annual 

recruitment budget, collaborated with DHS on 

various recruitment activities, and is developing 

a marketing plan. The FLETC Recruiting Team 

is specifically trained to participate in these key 

events. 

The Council is co-chaired by Brenda Lloyd, 

FLETC Equal Employment Opportunity (EEO) 

Officer, and Brad Smith, Deputy Assistant Director, Administration Directorate. The FRC Event 

Coordinators are Connie Delaney and Monte 

Council, both of the FLETC EEO Division. Jim 

Bryant of the Human Capital Operations Division serves as the FLETC’s Veterans Outreach 

Coordinator.
26 FLETC JOURNAL | SPRING 2010

//Assign CLICK listeners for each menu button

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page03Button.addEventListener (MouseEvent.CLICK, buttonClicked);

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 else if (e.target == page02Button) {

urlRequest = new URLRequest("page2.swf");

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import .motion.MotionBase;

import ash.lters.*;

import ash.geom.Point;

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 import .motion.Motion;

 __motion_box_2 = new Motion();

 __motion_box_2.duration = 40;

 // Call overrideTargetTransform to prevent the scale, skew,

 // or rotation values from being made relative to the target

 // object's original transform.

 // __motion_box_2.overrideTargetTransform();

 // The following calls to addPropertyArray assign data values

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 // remains the same for the rest of the frames.

 __motion_box_2.addPropertyArray("x", [0,162.255,321.063,437.574,473.95]);

 __motion_box_2.addPropertyArray("y", [0,-12.8994,18.8873,128.249,285.95]);

 __motion_box_2.addPropertyArray("scaleX", [1.000000]);

 __motion_box_2.addPropertyArray("scaleY", [1.000000]);

 __motion_box_2.addPropertyArray("skewX", [0]);

 __motion_box_2.addPropertyArray("skewY", [0]);

 __motion_box_2.addPropertyArray("rotationConcat", [0]);

 __motion_box_2.addPropertyArray("blendMode", ["normal"]);

 // Create an AnimatorFactory instance, which will manage

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 var __animFactory_box_2:AnimatorFactory = new AnimatorFactory(__motion_box_2);

 // Call the addTarget function on the AnimatorFactory

 // instance to target a DisplayObject with this Motion.

 // The second parameter is the number of times the animation

 // will play - the default value of 0 means it will loop.

 // __animFactory_box_2.addTarget(<instance name goes here>, 0);

}
 

FLETC JOURNAL | SPRING 2010 27

Digital Evidence

PRESTON FARLEY

preston.farley@dhs.gov

The FLETC’s digital 

evidence curriculum 

is now segmented into 

various courses, which 

reflect the major divisions 

of digital evidence. 

Do you have a personal computer at 

home? How about a cell phone? Do 

you exercise with an MP3 player? How many 

thumb drives are laying around your home or 

office? What about CDs and DVDs? Would 

it bother you if these items were seized and 

their contents were put up on the Internet for 

all to see? In the past 30 years we have seen 

the growth of the personal computer go from 

a purely academic or commercial pursuit to 

an indispensable part of our professional and 

personal lives. And this phenomenon is not 

isolated to only law enforcement professionals, 

but to nearly every segment of society. This 

includes the criminal element. This is why the 

Federal Law Enforcement Training Center 

(FLETC) responded by creating a digital 

evidence response course in the 1980s. This 

course initially dealt with telecommunication 

fraud, as it was the electronic crime of choice 

for the period. As digital devices became 

increasingly prolific in our society, the FLETC 

curriculum adapted as well. Through various iterations and adaptations the FLETC’s 

digital evidence curriculum is now segmented 

into various courses, which reflect the major 

divisions of digital evidence. The home for 

this curriculum is FLETC’s own Technical 

Operations Division (TOD). The TOD was 

constituted in 2008 in an effort to streamline 

FLETC’s major digital evidence training efforts by combining a branch from Investigative 

Operations Division (IOD) and a branch from 

the former Computer & Financial Investigations (CFI) Division. This new division is 

housed in FLETC’s newest building, 217, a 

state-of-the-art training facility which opened 

its doors in June 2009. 
28 FLETC JOURNAL | SPRING 2010

For newly trained law enforcement, we have the First 

Responder to Digital Evidence or FRDE. This course, as 

the title implies, is for any agent or law enforcement official, 

particularly first responders, who need a good grounding 

in the basics of digital evidence identification, protection 

and seizure. Since the mid-1990s, the FLETC has been 

teaching a two-hour block of this curriculum in the Criminal Investigator Training Program (CITP). As of FY 10 

this course has doubled to four hours in length and now 

includes a two-hour lab and hands-on cellular phone and 

live computer seizure, which is now included in their final 

practical exercise. This course has also been expanded into 

a full three day training program which is held both locally, 

as well as being exported on a routine basis.

The next course in our curriculum is the first one specifically designed with the digital evidence investigator in 

mind. This course is called the Digital Evidence Acquisition Specialist Training Program or DEASTP. The course 

is two weeks in length and is an in-depth introduction to 

the foundation of digital forensics. DEASTP is designed 

for the investigator who has, or will have primary responsibility for seizing digital evidence at the crime scene. A 

basic working knowledge of computers and Microsoft 

Windows is expected before a student begins this course. 

In addition to the knowledge gained by the participants, 

the student also receives the industry standard in digital 

media imaging hardware and software, which will enable 

them to seize the vast majority of digital evidence in the 

modern crime scene and forensically image it. This forensic 

image becomes the focus of the next course in the digital 

forensics curriculum, SCERS or the Seized Computer 

Evidence Recovery Specialist Training Program. This is a 

two week program.

The SCERS program, as currently taught, provides a 

strong foundation in digital forensic analysis to investigators who have successfully completed the DEASTP or 

an equivalent training program. The SCERS program 

has been running continuously for nearly 22 years and in 

that time the FLETC SCERS program has become an 

internationally renown digital forensic program for law 

enforcement professionals from local, state and federal 

agencies. The TOD’s training philosophy is to “train as 

you fight”. This means, to the greatest extent possible, that 

the tools and techniques we use in the classroom environment are the same tools and techniques we provide to the 

students upon graduation, so that they can immediately 

utilize their new skill sets upon return to their organization. 

In the case of SCERS, we currently teach the basics from 

the two industry-leading forensic software suites, Access 

Data’s Ultimate Toolkit and Guidance Software’s EnCase 

forensic edition. Upon successful completion of the course 

the students receive licensed copies of the forensic software 

and a computer configured to run them. This has been our 

training paradigm for the past five years and has proven 

highly successful; so much so, that successful completion of 

SCERS is now mandatory for computer forensics certifica-
 

FLETC JOURNAL | SPRING 2010 29

tion for many of our partner organizations who conduct 

digital forensics.

The next course in our curriculum is essentially a hybrid 

of DEASTP and SCERS, and it is called the Computer 

Network Investigations Training Program, or simply 

CNITP. CNITP is best described as a digital forensic 

analysis course whose emphasis is on computer network 

investigations, which is presented in two weeks. While 

SCERS has historically been focused on dead system 

forensics, CNITP is more focused on live systems, particularly live network servers. As the network server universe is 

very large, CNITP expands beyond the Microsoft Windows environment and incorporates elements from Novell, 

Linux, and Macintosh operating systems. A portion of this 

training also covers a relatively recent technology called 

virtualization. Virtualization is a powerful environment 

which allows the forensic practitioner to operate virtually 

any operating system from most any other operating system 

while sharing a single computer’s hardware. In order to 

fully leverage the power of virtualization, CNITP students 

are issued a Macintosh laptop with the power and flexibility 

to allow the student to process most any digital crime scene.

The last course in our curriculum can generally be taken by 

any student at any time in their law enforcement career. It 

focuses on mobile digital devices, and is a one week course. 

Fittingly, its name is the Mobile Device Investigations 

Program or simply MDIP. With the proliferation of cell 

phone technology, combined with the advanced features 

of smart phones; today we can truly say that the lowly 

cell phone has morphed into a handheld computer. With 

more and more features in smaller and smaller spaces, these 

devices have truly come into their own. Unfortunately, 

this field is even younger than that of home PC-based 

forensics and the tools and techniques to properly process 

these devices are still in their relative infancy. An additional handicap is that cell phone technology is amongst 

the fastest evolving in the world. This makes the process of 

keeping the curriculum current a full time job. 

As the tides of change continue to affect how people 

interact with technology, we will have to continue to evaluate our training curriculum to ensure it meets the emerging 

role of law enforcement in this regard. On the immediate 

horizon, the TOD will be rolling out a forensic program 

which focuses exclusively on the Apple Macintosh computer system. The pilot for this program is scheduled to run 

in the second quarter of FY 10. As technology continues 

to evolve, we will continue to assess, evaluate and create 

curriculum which will support and enhance the investigative process for all of our partner organizations,; while also 

supporting local, state and international agencies to ensure 

they can meet this increasingly relevant and crucial aspect 

of their investigations.
30 FLETC JOURNAL | SPRING 2010
 

FLETC JOURNAL | SPRING 2010 31

Law Enforcement Operations in

Cold Weather Environments

DUKE SPEED

richard.speed@dhs.gov

The law enforcement community 

typically does a fairly adequate 

job of preparing officers for rural 

operations in warm or mild climate 

environments, yet very little attention 

is given to rural operations (patrol or 

tactical) in cold weather environments. 

Cold weather rural operations may 

include the following: pursuit of fleeing felons, rural crime investigations, 

hazardous waste dumping, eco-terrorism, immigration/border operations, 

counter-smuggling, counter-poaching, 

investigation of militant/separatist 

organizations, counter-terrorism, and 

infiltration of reconnaissance/surveillance elements, designated marksmen/

observers, and specialized tactical/

rescue forces. This article will address 

considerations for extended rural operations in cold weather environments.

Imagine a law enforcement operation in a desolate, remote and bitter 

cold environment where the terrain is 

so rough that officers can barely carry 

their equipment without tiring or losing their footing. Visualize a climate so 

cold that exposed skin freezes within 

seconds and winds seem to come out 

of nowhere and send equipment adrift. 

Here, officers find themselves perspiring profusely one minute, freezing 

the next and in snow so deep they 

can barely move in any direction. This 

is the cold weather experience – a 

difficult challenge for any rural law 

enforcement organization, regardless 

of the skill level and proficiency of the 

officers.

Many law enforcement officers are 

woefully unprepared for the complexity of rural cold weather operations. 

An organization that excels in urban, 

jungle, or desert settings often fails 

miserably when placed in the cold for 

hours on end because their training 

hasn’t adequately prepared them for 

this environment. Very few folks desire 

to train outdoors when the temperature is cold and it is this mindset 

that leaves law enforcement officers 

(LEOs) ill-equipped for a rural cold 

weather operation. When it comes 

to cold weather scenarios, there are a 

number of considerations that should 

be addressed and planned for during 

training and eventually implemented 

into organizational standard operating 

procedures (SOPs). The following text 

features those at the top of the list.

Know Your Environment

Law enforcement tends to do a superb 

job of knowing where gang activity 

is, where drug trafficking occurs and 

other crime-related data within its 

jurisdiction, but often departments 

fail to learn anything about their 

geographic regions and the tactical 

considerations that can derived from 

this data. Whether located in Alaska, 

Colorado, Florida, or Honolulu, an organization needs to be familiar with its 

tactical environment and must develop 

SOPs with this in mind.

It’s critical to identify the regional 

elevation changes and respective 

temperature shifts. Law enforcement 

also should be aware of the region’s 

average monthly temperatures and 

other weather patterns throughout the 

year. This information helps agencies 

properly equip their officers and in the 

development of SOPs.

When determining high-value 

criminal and terrorist targets within 

the jurisdiction and developing contingency plans for real-world tactical 

scenarios, agencies must consider the 

location of these targets. If potential 

targets lie in mountainous regions or 

rural environments, it is imperative for 

officers to train in this environment 

and fully rehearse contingency plans 

under these conditions.

The Right Person for the Job

It’s important to evaluate the performance of individual officers as well 
32 FLETC JOURNAL | SPRING 2010

as tactical teams in a cold weather 

environment. An officer who is cold, 

wet, tired , and miserable may “cocoon 

out” or lose interest in many of his/her 

leadership, teamwork, and technical 

skills as well as his awareness and observatory senses. Because cold weather 

affects how a person performs, find out 

during training if all members are up 

to the challenge.

Cold Weather Medical 

Considerations

Every member of an agency in a cold 

weather region, from administration 

to patrol officers, should be familiar 

with and able to recognize the signs 

and symptoms of cold weather-related 

medical conditions. This is a serious 

safety concern and potential tactical 

liability when ignored. 

Hypothermia: Officers must learn to 

recognize the signs and symptoms of 

hypothermia in themselves and fellow officers. Hypothermia is a serious 

medical issue and severely detrimental 

to operations. Exposure to the environment without adequate protection 

(i.e. hiking in wet clothes in the rain 

and wind, or immersion in cold water) 

can lead to hypothermia, or unsustainable heat loss. This condition occurs 

when the body fails to conserve heat 

and can be aggravated by hunger, 

fatigue, illness, and high altitude. This 

loss of heat causes mental confusion 

and, unless treated, the victim’s condition may deteriorate, resulting in coma 

and even death. One of the first signs 

of hypothermia is that the victim feels 

extremely cold and begins to shiver, 

which is the body’s natural defense 

mechanism as it tries to generate heat 

(see “Stages of Hypothermia” chart). 

Frostbite: This is an injury to the skin 

and other tissues that results from 

prolonged exposure to cold. It can 

occur with exposure to below-freezing 

temperatures if there is a strong wind 

or if a person is working in high 

altitudes or wet conditions. Frostbite 

usually affects the hands, feet, nose, 

cheeks, and ears. Superficial frostbite injures the skin and tissues just 

beneath it. It typically resolves within 

three to four weeks. Deep frostbite, 

which also affects muscles, nerves, 

and blood vessels, may result in tissue 

death, a condition known as gangrene. 

Frostbite’s symptoms include pain 

progressing to numbness, white color 

or waxy appearance of the skin in the 

affected area, blood rushing to the area 

after it’s re-warmed, a burning sensation or swelling from collected fluid 

that may last for weeks, blisters and a 

black scab-like crust that may develop 

several weeks later. 

Altitude Mountain Sickness (AMS): 

The higher a person climbs above sea 

level, the less oxygen there is available 

to breathe. At altitudes above 8,000 

feet, the oxygen level becomes very 

low. AMS can cause loss of appetite, 

nausea or vomiting, fatigue or weakness, dizziness or light-headedness, 

difficulty sleeping, confusion and a 

staggering gait. 
 

FLETC JOURNAL | SPRING 2010 33

Snow Blindness: This is a temporary 

loss of sight caused by ultraviolet rays 

from the sun reflecting off snow or ice. 

The condition is similar to a welding 

flash burn and caused by damage to 

the cells covering the cornea. Snow 

blindness is more likely to occur in 

hazy, cloudy weather than when the 

sun is shining. The signs and symptoms of snow blindness include a 

scratchy feeling in the eyes, decreased 

vision, watery eyes, reluctance or inability to open the eyes, headache and 

pain as much as 3 to 5 hours later. 

Wear Your Hat

An officer should be able to adapt his 

clothing to rapidly changing weather 

conditions, dramatic temperature 

shifts and be protected from the wind, 

sun, and rain. Layering clothing correctly will facilitate this.

Within the mountaineering community, the axiom wick, warmth, and 

wind is utilized to illustrate proper 

layering. The wick layer is underwear 

and its purpose is to wick moisture 

away from the body. This includes 

such fabrics as polypropylene, which is 

designed to draw moisture onto itself. 

The thermal layer (warmth) is a loose 

layer of clothing that traps a layer of 

air which the body then heats. This 

fabric should limit air circulation yet 

expel moisture from perspiration. The 

outer layer or shell (wind) protects 

against rain, snow, and wind. This layer 

typically includes both a zippered and 

hooded parka as well as trousers.

Other clothing considerations include 

footwear, gloves, and hats. A large 

percentage of heat is lost through the 

top of the head, but wearing a wool 

cap or hood can greatly reduce this 

heat loss. Fingers are among the first 

body parts to become cold and uncomfortable, so gloves are essential. A 

good glove provides excellent dexterity 

(for manipulating equipment) in addition to insulating qualities. Footwear 

should be well insulated, waterproof, 

and breathable to wick away perspiration and moisture. When selecting 

mission-essential clothing, check to 

make sure the officer will be able to 

function in his/her role while wearing it. Clothing should be thoroughly 

tested and proven during training. 

Cold Weather Equipment

The officer behind the equipment is a 

far more valuable tool than the equipment itself, but without the equipment, the officer may not be able to 

properly accomplish the mission. Four 

basic categories should be taken into 

account when gearing up for cold 

weather operations:

Individual Officer’s Kit

This equipment includes the clothing as well as individual patrol and/or 

tactical equipment (weapons, ammunition, duty belt, web gear, optics, 

communications, etc.) Any officer who 

typically works in cold weather or high 

altitude regions should also have a basic survival kit that addresses the basic 

human survival requirements (shelter, 
34 FLETC JOURNAL | SPRING 2010

food-gathering, water-gathering, firestarting, and signaling).

Team and Mission-Specific 

Equipment

This equipment includes items that are 

not common to every officer, such as 

cameras, additional optics, night vision, 

special weapons, breaching equipment, 

etc.

Mountaineering Equipment

This includes climbing ropes, anchor 

systems, rigging equipment, caving 

ladders, shelter systems, etc.

Rescue Equipment

This equipment is needed to rescue 

crime victims, fellow officers, and to 

augment tactical equipment, when 

necessary.

Train Hard and Train Often

The bottom line when it comes to successful rural cold weather operations is 

training. Agencies must train realistically and as often as possible in order 

to build proficiency and cohesiveness 

amongst officers. In addition to the 

previously-discussed topics, training should also address the following 

skills-set:

	 •	 Cold weather environment

	 •	 Cold weather and high-altitude

medicine, first responder skills, 

MEDEVAC

	 •	 Physical fitness/wellness and

nutrition

	 •	 Clothing criteria and selection

	 •	 Effects of cold weather on

weapons, ammo, and other 

equipment

	 •	 Wilderness survival skills

	 •	 Land Navigation with map,

compass and GPS

	 •	 Long-Range communication

	 •	 Rope management and basic

mountaineering

	 •	 Tactical patrolling

	 •	 Air/helicopter operations

	 •	 Command/Control/Communications

Without adequate training, operating 

in a cold weather environment can be 

uncomfortable, miserable, and even 

hazardous. Through proper leadership 

and training, an agency can develop 

a competent skill level under these 

conditions. Being able to effectively 

operate in cold weather is just another 

tool for an officer to place in his tool 

box.
 

FLETC JOURNAL | SPRING 2010 35

Feds Feed Families

FLETC Collects Four Tons of Food for Area Families

VICKI O’CONNOR

vicki.oconnor@dhs.gov

As summer began to warm up, the “Warm Up to Giving” food drive 

went into high gear at the Federal 

Law Enforcement Training Center. 

Sponsored by the Office of Personnel Management, in partnership with 

the Chief Human Capital Officers 

Council, the Department of Homeland 

Security announced the “Feds Feed 

Families” food drive would go through 

the summer months and encouraged 

all of its components to get involved. 

John Berry, Director of the Office of 

Personnel Management, said on the 

Feds Feed Families website (www.

fedsfeedfamilies.gov), “With economic 

troubles and without school nutrition 

programs, many...children and families 

are at risk of hunger this summer. They 

need your help. Together with your 

agency and the Chief Human Capital 

Officers Council, we’ve set a goal of 

gathering one million pounds of food 

for those in need.” Feds Feed Families 

was held under the guidance of 5 CFR 

Part 950.102(b) which allows an exception for the solicitation of gifts-in-kind, 

such as food, clothing and toys. 

FLETC Director Connie Patrick 

was one of the first to enthusiastically 

jump on board for the project. “What 

a wonderful way for us to have a chance 

to give back and help those who have 

a need,” She encouraged all of FLETC 

and Partner Organization staff to 

participate. The Director held the kickoff to Feds Feed Families on July 29, 

2009 at a Family Fun Day. The price of 

admission was one non-perishable food 

item per person. By the end of the 

evening a covered 12-foot trailer was 

filled to capacity yielding over 2,000 

pounds that would be delivered to 

America’s Second Harvest.

America’s Second Harvest is a 

network of 185 affiliated food banks 

in the United States which provide 

food to the hungry through nearly 

50,000 social service and non-profit 

community-based organizations. In 

Southeast Georgia Second Harvest 

services over 50 agencies, and 28 

agencies in Glynn County alone. 

Some of these agencies include 

church pantries which distribute 

food directly to families, as well as 

providing food to Emergency Feeding Programs. Emergency Feeding 

Programs are programs that include 

emergency food pantries, soup 

kitchens, after school programs, lowincome day care, food programs for 

seniors and meals served in homeless 

shelters.

Chandra Mahoney, Executive 

Director of the Second Harvest in 

Glynn County said, “We are seeing 

more and more two-parent families 

where the bread winner has lost their 

job or work hours have been cut 

back severely that are now in need.” 

The food bank also services domestic violence shelters such as Safe 

Harbor, Amity House, Salvation 

Army and re-entry/recovery houses. 
36 FLETC JOURNAL | SPRING 2010

Mahoney went on to say, “We have 

agencies which have programs feeding 

children at night and on weekends, 

those which serve meals to families 

and afterschool programs. By donating to us, know that every food item 

will find a needy home, whether it be 

baby items, kid friendly food, ethnic 

food, or nutritional supplement items 

for seniors.”

According to Second Harvest, 23.3 

percent of all households with children that are served by their network 

reported that during the previous 12 

months, the children in the household 

were sometimes or often not eating 

enough because they couldn’t afford 

enough food. Another fact that they 

shared was that 37 percent of adults 

requesting food assistance were employed at the time. 

Food insecurity is the inability to 

access food in a consistent manner 

and may require emergency food assistance. In 2007, the United States 

Department of Agriculture (USDA) 

reported that Georgia was in the top 

ten states with the highest food insecurity.

FLETC again rose to the occasion 

when the Chief Information Officer 

Directorate’s (CIO) Management 

Team volunteered to take a pie in the 

face to help support the food collection campaign. In exchange for food 

donations, CIO Directorate employees 

earned raffle tickets that they placed in 

selected management collection containers. One ticket was drawn for each 

manager and the winning employees 

were able “take aim” with the pies. 

These contributions pushed FLETC 

and the Partner Organizations over 

the 5,000 pound mark. Mahoney had 

this to say, “Of these last donations, 

several hundred pounds were distributed to United Way agencies. Also 

distributed was 4,060 pounds through 

eight local agencies. This allowed 

agencies to distribute food to families 

who may have had to choose between 

back-to-school needs and food. The 

variety available reflected the thoughtfulness of your donors.”

The Investigative Operations Division answered the challenge handed 

them by the CIO Directorate by 

choosing not to throw pies but to 

serve them at a “Souper” luncheon 

in August as a part of the continuing 

effort to collect food. Staff members 

prepared their favorite soup and chili 

recipes with the cost of lunch being a 

donation of two non-perishable food 

or toiletry items. The event netted 

over 220 food items.

Food collection efforts events didn’t 

stop in Glynco. The field sites in 

Artesia, New Mexico; Cheltenham, 

Maryland; and Charleston, South 

Carolina, were also busy collecting 

food at their sites as well. Artesia and 

Charleston together collected almost 

2,000 pounds which were donated to 

local agencies in their immediate area. 

Cheltenham joined the Washington, 

DC, “Feds Feed Families” for their 

donations.
 

FLETC JOURNAL | SPRING 2010 37

One of agencies that benefitted 

from the food drive locally was the 

Cowboys and Roses Renegade Ranch. 

This organization provides children 

ages two to eighteen who are disabled 

and or disadvantaged with a chance 

to attend a camp setting in a safe and 

secure place. Renegade Ranch spokesperson Janet Carswell wrote , “I wanted to extend my gratitude for the food 

drive that FLETC did. Our Renegade 

Food bank is an agency of America’s 

Second Harvest, so we were allowed 

to shop the food drive products. We 

brought back over 1,300 pound of 

food to our food bank! Thank you!” 

Finishing out the summer of events 

was a silent auction and dessert tasting 

held Sept. 17. Food items were “bid” 

instead of money for auction items 

that ranged from paintings, crafts, 

jewelry, table runners, baby quilts, gift 

cards and Holiday decorations. Bids 

were able to be placed anytime from 

10 a.m. to precisely at 4 p.m. when official time was called. The ballots were 

collected and the winners were notified the next day, giving the winners 

time to bring their food in to collect 

their winnings. 

FLETC’s first dessert tasting event 

ran simultaneously with the silent 

auction. By bringing a minimum 

donation of two items, staff members 

were allowed to sample their choice of 

homemade pies, cheesecakes, decadent 

cakes, cookies, brownies and cupcakes. 

The Feds Feed Families ended the 

drive with an incredible 8,561 pounds 

that represented 11,110 individual 

items. Carlos Vales, a food drive 

volunteer committee member said of 

the final results, “It was an awesome 

thing for FLETC and the Partner Organizations to be able to help in this 

way. Those of us who work here have 

much to be grateful for, and this was 

a wonderful opportunity to be part of 

something great.”

 Another volunteer who helped unload the food barrels at the recipient’s 

warehouses said, “The look of gratitude 

from the staff receiving the donations say it all. It was a good feeling 

to be able to help make a difference in 

someone’s lives.” 

 Ms. Zandra Miles, Client Services 

representative at the Sparrow Nest, 

another recipient of Second Harvest, 

said, “FLETC’s food drive has kept 

us going these last months as we 

continue to try and meet the greatest 

need we have seen in recent history. 

Even though several large deliveries 

have been made, the food goes out as 

quickly as we get it in, with FLETC’s 

help we are making a difference.”

Director Patrick expressed her 

gratitude by saying, “Thank you to 

all of the FLETC staff, students and 

Partner Organizations that made this 

possible. Even though there remains 

a great need in our local area, we can 

feel good about what we were able to 

accomplish together and together we 

did make a difference.” 
38 FLETC JOURNAL | SPRING 2010

Private Searches 

Bryan Lemons

bryan.lemons@dhs.gov

“While private assistance in 

law enforcement is not a new 

phenomenon, when done in 

the context of cybercrime 

investigations, unique 

problems emerge,” 

wrote Monica Shah in “The Case for a Statutory 

SuppressionRemedy to Regulate Illegal Private Party 

Searches in Cyberspace.”1

This is true for two reasons: First, today’s personal computers and 

other electronic devices are capable of 

storing a wealth of digitized information, 

including such things as diaries, personal 

letters, medical information, photos, 

videos, and financial records. In light 

of this, courts have observed that “the 

information contained in a laptop and 

in electronic storage devices renders a 

search of their contents substantially more 

intrusive than a search of the contents 

of a lunchbox or other tangible object.”2 

Second, through the use of devices such 

as “spyware”3

 or computer viruses, such 

as a “Trojan Horse,”4 “electronic searches 

of vast amounts of information can be 

conducted efficiently and anonymously 

by even amateur hackers.”5 Thus, 

“information stored electronically on 

personal computers-which in its physical 

form may be safely stored behind locked 

doors-is vulnerable to warrantless searches 

by private parties doing the job of law 

enforcement.”6 This article will discuss the 

application of the Fourth Amendment to 

private searches of personal computers in a 

variety of situations.

I. The Fourth Amendment 

and Private Action

The Supreme Court has repeatedly held 

that the “Fourth Amendment is wholly 

inapplicable to a search or seizure, even 

an unreasonable one, effected by a private 

individual not acting as an agent of the 

government or with the participation 

or knowledge of any government 

official.”7 Stated more plainly, the Fourth 

Amendment does not regulate private 

conduct, regardless of whether that 

conduct is reasonable or unreasonable. 

Of course, “the government may not do, 

through a private individual, that which 

it is otherwise forbidden to do.”8 Thus, 

if in light of all the circumstances, a 

private party conducting a search is doing 

so as an “instrument or agent” of the 

government, the Fourth Amendment will 

apply to that party’s actions.”9 Whether 

a private search has become governmental 

“necessarily turns on the degree of 

the government’s participation in the 

private party’s activities ... a question 

that can only be resolved in light of all 

the circumstances.”10 In making such 

a determination, the lower courts have 

almost uniformly applied the following 

two-part test or a close variant: (a) 

whether the government knew of or 

acquiesced in the intrusive conduct, and 

(b) whether the party performing the 

search intended to assist law enforcement 

efforts or to further his own ends.11 

While, a court must find both before an 

agency relationship can be deemed to 

exist,12 it is important to note that the 

greater the government involvement in 

the search, the less important is the private 

searcher’s intent.13

A. Acquiescence

The first factor courts typically consider 

in determining whether a search is 

private or governmental is the extent 

of the government’s knowledge of, 

and participation in, the private actor’s 

conduct.14 Within the context of private 

searches, “knowledge” and “acquiescence” 

“encompass the requirements that the 

government agent must ... affirmatively 

encourage, initiate, or instigate the 

private action.”15 Consequently, a 

private search can be converted into a 

governmental one only where there is 

“some exercise of governmental power 

over the private entity, such that the 

private entity may be said to have acted 

on behalf of the government rather than 

for its own, private purposes.”16 In 

making this determination, Federal 

courts will “consider whether the private 

actor performed the search at the request 

of the government, or whether the 

government otherwise initiated, instigated, 

orchestrated, encouraged, or participated 

in the search.”17 “Mere knowledge 

of another’s independent action does 

not produce vicarious responsibility 

absent some manifestation of consent 

and the ability to control.”18 Similarly, 

simply taking control of evidence 

“gathered by a private party without 

the State’s instigation or direction” does 

not transform a private search into a 

governmental one.19 In order for a private 

search to be considered governmental, 

courts typically require that a government 

agent be either involved in the search 

directly as a participant, or indirectly as 

an “encourager” of the private person’s 

search.20 As one court has noted: “Where 

Federal officials actively participate in 

a search being conducted by private 

parties or else stand by watching with 
 

FLETC JOURNAL | SPRING 2010 39

in Cyberspace

approval as the search continues, Federal 

authorities are clearly implicated in the 

search and it must comport with Fourth 

Amendment requirements.”21 Implicit 

in this requirement, of course, is that the 

government must have knowledge of the 

private actor’s conduct before it actually 

occurs. “Where no official of the Federal 

government has any connection with 

a wrongful seizure, or any knowledge 

of it until after the fact, the evidence is 

admissible.”22 Thus, for example, if a 

law enforcement officer actively sought 

out and requested that a private citizen 

conduct a search of a suspect’s property 

(e.g., his or her computer), this would 

almost certainly qualify as a governmental 

search due to the initiation and instigation 

of the private action.23 Alternatively, 

where a private citizen conducts a search 

without the government’s knowledge 

and only later provides law enforcement 

personnel evidence of any crime uncovered 

during that search, it is likely this 

situation would not implicate the Fourth 

Amendment.24

B. Intent to Assist

The second factor courts typically consider 

when analyzing the validity of a private 

search is whether the private actor 

intended to assist law enforcement efforts 

or was, instead, attempting to further 

his own ends. Of course, there are many 

reasons why a private citizen might, of 

their own volition, seek out criminal 

activity:

A private citizen might decide to 

aid in the control and prevention of 

criminal activity out of his or her own 

moral conviction, concern for his or her 

employer’s public image or profitability, 

or even a desire to incarcerate criminals, 

but even if such private purpose should 

happen to coincide with the purposes of 

the government, “this happy coincidence 

does not make a private actor an arm of 

the government.” 25

Further, at least one court has noted that 

a private individual conducting a search 

“almost always ... will be pursuing his 

own ends – even if only to satisfy curiosity 

– although he may have a strong intent 

to aid law enforcement.”26 However, as 

discussed above, a “private party cannot 

be deemed a government agent unless it 

was induced to act by some government 

action.”27 “Where the private party has 

a legitimate independent motivation 

for engaging in the challenged conduct, 

the Fourth Amendment would not 

apply.”28 Thus, “where the private person 

is motivated both to assist the government 

and to further his or her own objectives, 

the private citizen is not acting as an 

agent of the government.”29 Additionally, 

whether the government offered a reward 

would be relevant to determining the 

private actor’s motivation for conducting 

the search,30 as would whether the private 

actor was a confidential informant.31 

Finally, a long-line of cases holds that “an 

off-duty police officer acts as a government 

agent where he or she stumbles upon 

criminal activity and attempts to collect 

evidence for law enforcement.”32

II. Private Searches and Computers

Private searches of computers occur in 

a variety of circumstances. Some fairly 

common examples are discussed below.

A. Roommates and Spouses

In some instances, a roommate or spouse 

performs the search and provides any 

evidence recovered to law enforcement 

personnel. Illustrative on this point is 

United States v. Ellyson. In Ellyson,

33 the 

defendant was arrested for possessing 

child pornography after a search of his 

trailer. While he was confined, his friend 

(Burr) continued living in his trailer. 

During this time, Burr was informed by 

local police officers that, if the trailer was 

searched again while she was living in it, 

she would possibly be charged with “aiding 

and abetting.” She was also informed 

that, if she came across anything illegal, 

it would be in her best interest to provide 

it to the police or she could be held liable 

for it. Approximately one week after 

Ellyson’s arrest, Burr visited him in jail in 

order to ascertain whether she would be 

allowed to continue living in the trailer 

while he was confined. Burr stated she 

did so of her own accord, and that she 

was not asked to meet with Ellyson or 

elicit any information from him on behalf 

of the police. During their conversation, 

Ellyson inquired of Burr as to whether 

police officers had returned to conduct 

another search of the trailer. When Burr 

told him they had not, Ellyson directed 
40 FLETC JOURNAL | SPRING 2010

her to dispose of some computer disks 

that he had hidden in the trailer. The next 

day, Burr located a box containing, among 

other things, several computer disks. In 

light of what she had been previously told 

by the police, she contacted them and 

turned over the materials. Ultimately, 

Ellyson was convicted of possessing child 

pornography based upon the computer 

disks provided to law enforcement by Burr.

On appeal, Ellyson claimed the 

search by Burr was illegal and that the 

evidence she provided should have 

been suppressed. More specifically, 

Ellyson claimed that Burr had acted 

as an “agent of the government” in 

carrying out the search. Accordingly, 

he claimed the search violated the 

Fourth Amendment. In rejecting his 

claim, the court affirmed the denial of 

his motion to suppress, based upon the 

following facts: (a) Burr’s meeting with 

Ellyson in the jail was for the purpose of discussing whether she could 

continue residing in the trailer; (b) the 

search for the computer disks was not 

instigated by the police, but by Ellyson, who had requested Burr to locate 

and destroy them; (c) Burr had made 

no effort to seek this evidence until 

after her meeting with Ellyson; (d) 

Burr’s actions were based not on her 

desire to assist the police, but on her 

wish to avoid liability for any evidence 

subsequently discovered in the trailer; 

(e) the police never asked Burr to visit 

Ellyson in jail; (f ) the police were not 

aware that Ellyson had requested that 

Burr locate and dispose of the disks; 

and (g) the police did not prompt Burr 

to search the trailer further after the 

discovery of the disks.34 In light of 

the fact that “Burr had a ‘legitimate independent motivation’ for performing 

the search and the police had not participated or acquiesced in the search,” 

the court concluded that Burr had not 

been acting as an agent or instrument 

of the state.35

B. Computer Repairmen

Another fairly typical scenario involves 

computer repairmen who, in the course 

of their duties, uncover evidence of 

criminal activity and notify the police. 

“Courts have consistently (albeit not 

uniformly) held that observations by 

private computer technicians made during 

their examination of a computer given to 

them to repair do not implicate the Fourth 

Amendment.”36 A fairly representative 

example of this type of situation is United 

States v. Hall.

37 In Hall, the defendant 

took his central processing unit (CPU) 

to a computer repairman (Goodwin) 

at CDS Office Technologies. While 

attempting to diagnose the problems 

with the CPU, Goodwin observed a 

number of files that, based upon their 

unusual names (e.g., “Boys 6-12”), implied 

potential sexual content. Goodwin 

viewed 3-5 of these files, and discovered 

numerous pornographic images of boys 

that, based upon their appearance and 

physical development, he estimated to be 

between 10 and 12 years of age. In all, 

Goodwin estimated there were a total 

of approximately 1,000 video files on 

the CPU that had names implying child 

pornography. Subsequent to viewing 

these images, Goodwin contacted a 

friend of his who worked for the Illinois 

State Police, who, in turn, contacted the 

Federal Bureau of Investigation. Based 

upon Goodwin’s description of the files 

and the images he had observed, a search 

warrant was obtained to search Hall’s 

CPU and associated computer disks. In 

sum, 403 files were found to contain 

visual depictions of minors engaged in 

sexually explicit conduct, with many 

of the files depicting pre-pubescent 

minors (under the age of 12). Hall was 

indicted and convicted of violating Title 

18 United States Code Section 2252 

(knowingly possessing images, transported 

in interstate commerce, which contained 

visual depictions of minors engaged in 

sexually explicit conduct). Ultimately, 

the court found that the search by the 

repairman of Hall’s CPU constituted a 

private search and did not violate the 

Fourth Amendment. Specifically, the 

court noted:

Goodwin’s search of Hall’s CPU, which 

involved the viewing of several of Hall’s 

computer files, was made pursuant to 

the maintenance work Goodwin had 

performed in his capacity as a technician 

for CDS. The Government had no 

knowledge that Goodwin was going to 

repair Hall’s computer and thus, did not 

instruct Goodwin to inspect the files. 

Goodwin did not contact the Government 

until after the evidence was discovered. 

The search was initiated by Goodwin, 

and was completed in the normal course 

of CDS’s business, with the sole purpose 

of testing Hall’s CPU. Therefore, the 

Fourth Amendment is inapplicable both 

to Goodwin’s search, and to his later 

description of the pornographic evidence 

to law enforcement officials.38

C. Computer Hackers

Perhaps the most instructive case on the 

use of information provided by computer 

hackers is United States v. Steiger.

39 In 

Steiger, law enforcement officials were 

made aware of Steiger’s criminal conduct 

through the actions of a computer hacker. 

Specifically, an anonymous computer 

hacker, known as “Unknownuser” and 

claiming to be from Turkey, sent an e-mail 

to the Montgomery, Alabama Police 

Department (MPD) and related the 

following:

I found a child molester on the net. I’m 

not sure if he is abusing his own child 

or a child he kidnapped. He is from 

Montgomery, Alabama. As you see, he 

is torturing the kid. She is 5-6 y.o. His 

face is clearly seen on some of the pictures. 

I know his name, internet account, home 

address and I can see when he is online. 

What should I do? Can I send all the pics 

and info I have to these e-mails? Regards 

P.S. He is a doctor or a paramedic.40 

Attached to the e-mail was an electronic 

image of a white male sexually abusing a 

young white female who appeared to be 

approximately four to six years of age. A 

few days after receiving the initial note, 

a police officer (Murphy) responded to 

“Unknownuser,” telling him to “feel free 

to send the information you have.” In 

response, “Unknownuser” sent an e-mail 

with eight attached images showing an 

adult white male nude from the waist 
 

FLETC JOURNAL | SPRING 2010 41

down fondling and pressing the young 

girl against his body in various positions 

and exposing her genitalia. The girl was 

nude in several photographs and partially 

dressed in others. Finally, the anonymous 

e-mail identified the molester as “Brad 

Steiger,” and provided Steiger’s Internet 

service account information with AT 

& T WorldNet, possible home address, 

telephone number used to connect to 

the Internet, and a fax number. The 

anonymous source also informed the 

officer that he had Steiger’s Internet 

Protocol number (IP address). After 

viewing the images, Murphy asked 

“Unknownuser” to send Steiger’s IP 

address, which he did. In subsequent 

e-mails, the source sent law enforcement 

officials Steiger’s checking account records 

and the specific folders on Steiger’s 

computer where pornographic pictures 

were stored.

Although an agent with the Federal 

Bureau of Investigation stationed in 

Turkey attempted to interview “Unknownuser” to determine how he had 

acquired the information regarding 

Steiger, the source refused to reveal 

his identity. Instead, he sent a lengthy 

e-mail that explained how he had 

discovered the picture on Steiger’s 

computer:

How did I get access to his pc? I used 

the well known trojan horse named 

subseven .... I made it undetectable 

so av softwares [sic] couldn’t [sic] see it 

and bind it with a fake program. After 

this I posed it to the news group “alt.

binaries.pictures.erotica.pre-teen” where 

one can find 1000s of sick people.41

Stated differently, “Unknownuser” had 

accessed Steiger’s computer illegally 

by attaching a virus (Trojan horse) to a 

picture that he posted to a news group 

frequented by individuals interested in 

pornography. When Steiger downloaded 

the picture, the virus was also downloaded 

and permitted “Unknownuser” to access 

the files contained on Steiger’s computer. 

Based upon the information provided 

by “Unknownuser,” a search warrant 

was obtained for Steiger’s residence and 

computer. In the affidavit, the affiant 

noted the information was provided by “an 

anonymous source ... [that] had located 

a child molester on the Internet.”42 No 

mention was made in the affidavit that the 

information had been obtained by illegally 

hacking into the defendant’s computer. 

Ultimately, Steiger was indicted and 

convicted of various crimes related to child 

pornography. On appeal, he challenged 

the government’s use of the information 

provided by “Unknownuser” in the search 

warrant, claiming, among other things, 

that “Unknownuser” was an agent of the 

government and had illegally come across 

the information only by hacking into his 

computer.

In rejecting the defendant’s arguments, the court first noted that 

“Unknownuser” was not a government 

agent when the searches of Steiger’s 

computer were conducted. Because 

the information in the search warrant 

affidavit was limited to information 

provided by “Unknownuser” before 

he made contact with the MPD, the 

government did not “know of ” or 

“acquiesce” in the source’s conduct. 

The court also rejected the defendant’s 

argument that the evidence should be 

suppressed because the information 

obtained from “Unknownuser” had 

been procured through illegal activity 

(i.e., computer hacking). The Supreme 

Court has repeatedly noted that, “a 

wrongful search or seizure conducted 

by a private party does not violate 

the Fourth Amendment and ... such 

private wrongdoing does not deprive 

the government of the right to use 

evidence that it has acquired lawfully.”43 In this instance, the important 

consideration for the court was not 

whether “Unknownuser” had acquired 

the evidence illegally, but whether the 

MPD had done so. Based upon the 

“after the fact” nature of the government’s involvement, the court found 

that the MPD had obtained the evidence legally, and could thus use it to 

establish probable cause for the search 

warrant.44 

III. Conclusion

In sum, the Fourth Amendment is not 

applicable to searches conducted by 

private parties. In determining whether 

an individual is a private actor or a 

government agent, courts will typically 

consider the following factors: (a) whether 

the government knew of or acquiesced 

in the intrusive conduct, and (b) whether 

the party performing the search intended 

to assist law enforcement efforts or to 

further his own ends. Both prongs of the 

analysis must be met. Finally, “[b]ecause 

the protection afforded by the Fourth 

Amendment is aimed exclusively at state 

action,”45 courts have held that evidence 

obtained through an illegal act is not 

automatically subject to the exclusionary 

rule.46 Thus, “evidence secured by private 

searches, even if illegal, need not be 

excluded from a criminal trial.”47

1Monica R. Shah, Note: The Case for a Statutory 

Suppression Remedy to Regulate Illegal Private 

Party Searches in Cyberspace, 105 Colum. L. Rev. 

250 (2005) (internal footnote omitted) 

2United States v. Arnold, 454 F. Supp. 2d 999, 

1004 (C.D. Cal 2006)

3Sagi Schwartzberg, Note and Comment: Hacking 

the Fourth: How the Gaps in the Law and Fourth 

Amendment Jurisprudence Leave the Right 

to Privacy At Risk, 30 U. La Verne L. Rev. 467, 

470-471 (2009) (“Spyware” is software installed 

on a computer with the target user’s knowledge 

and meant to monitor the users conduct. The 

program can be installed either by someone with 

access to the target computer or remotely, for 

example, by sending a picture to someone with 

the program embedded in the picture. As soon 

as the unsuspecting victim opens the picture file, 

the program is installed on the computer without 

the user’s knowledge. Spyware programs are 

very common and can be purchased for between 

$30-100.) (citation, internal footnotes, and internal 

quotations omitted) 

4Id. at 471 (“While not as common as spyware, the 

Trojan virus is one of the most dangerous viruses 

known today, with over 1000 strands in circulation. 

The Trojan virus infects the computer in the 

same way the spyware is set upon on a system. 

It can be attached in a picture, downloaded as 

an attachment to an e-mail or by executing a file 

from an unknown source. The difference between 

spyware and the Trojan virus is that while spyware 

allows the intruder to see what the victim is doing, 

the Trojan virus furnishes access to the hard drive, 

allowing the intruder to make changes, add and 

delete files, and copy any file to the intruder’s own 

hard drive.”) For more information, see http://

www.petri.co.il/whats_a_trojan_horse.htm.

 5Shah, supra note 1, at 250

6Id. at 251

7United States v. Jacobsen, 466 U.S. 109, 113 
42 FLETC JOURNAL | SPRING 2010

(1984) (citation omitted)

8United States v. Feffer, 831 F.2d 734, 737 (7th 

Cir. 1987) (quoting Coolidge v. New Hampshire, 

403 U.S. 443, 487)

 9Coolidge, 403 U.S. at 487 10Skinner v. Railway Labor Executives’ Association,

489 U.S. 602, 614-15 (1989) (quotation omitted)

11United States v. Alexander, 447 F.3d 1290, 1295 

(10th Cir. 2006); United States v. Ginglen, 467 

F.3d 1071, 1074 (7th Cir. 2006); United States 

v. Steiger, 318 F.3d 1039, 1045 (11th Cir.), cert. 

denied, 538 U.S. 1051 (2003); United States v. 

Young, 153 F.3d 1079, 1080 (9th Cir. 1998); 

United States v. Jenkins, 46 F.3d 447, 460 (5th 

Cir. 1995); United States v. Malbrough, 922 F.2d 

458, 462 (8th Cir. 1990); and United States v. 

Jarrett, 338, F.3d 339, 345 (4th Cir. 2003), cert. 

denied, 540 U.S. 1185 (2004) (combining the two 

factors into “one highly pertinent consideration”). 

In United States v. Pervaz, 118 F.3d 1, 6 (1st Cir. 

1997), the First Circuit Court of Appeals refused to 

adopt “any specific standard or test,” identifying 

instead several factors that may be relevant to this 

determination: “the extent of the government’s 

role in instigating or participating in the search, its 

intent and the degree of control it exercises over 

the search and the private party, and the extent to 

which the private party aims primarily to help the 

government or to serve its own interests.”

 12Jarrett, 338 F.3d at 345. See also United 

States v. Poe, 556 F.3d 1113, 1123 (10th Cir.), 

cert. denied, ___ U.S. ___, 130 S. Ct. 395 (2009) 

13Presley v. City of Charlottesville, 464 F.3d 480, 

488 fn 7 (4th Cir. 2006) 

14United States v. Alexander, 447 F.3d 1290, 1295 

(10th Cir.), cert. denied, 549 U.S. 933 (2006) 15United States v. Smythe, 84 F.3d 1240, 1243 

(10th Cir. 1996)

16United States v. Shahid, 117 F.3d 322, 325 

(7th Cir.), cert. denied, 522 U.S. 902 (1997). See 

also Jarrett, 338 F.3d at 344 (“[T]o run afoul of 

the Fourth Amendment ... the Government must 

do more than passively accept or acquiesce in a 

private party’s search efforts. Rather, there must 

be some degree of Government participation in the 

private search.”)

17State v. Santiago, 217 P. 3d 89, 94 (N.M. 2009) 18United States v. Koenig, 856 F.2d 843, 850 (7th 

Cir. 1988)

19United States v. D’Andrea, 497 F. Supp. 2d 117, 

122 (D. Mass. 2007). See also Jarrett, 338 F.3d 

at 345-346 (in order to find a private search has 

become governmental, there must be evidence 

of government “participation in or affirmative 

encouragement of” the private search, as “passive 

acceptance” by the government is “not enough.”)

20United States v. Leffall, 82 F.3d 343, 347 (10th 

Cir. 1996)

21United States v. Mekjian, 505 F.2d 1320, 1327 

(5th Cir. 1975)

22Id.

23Malbrough, 922 F.2d at 462 (noting that, in 

addition to the two factors commonly used, other 

“useful criteria” would include whether the private 

actor performed the search at the request of the 

government). See also United v. Walther, 652 F.2d 

788, 793 (9th Cir. 1981) (noting “the government 

cannot knowingly acquiesce in and encourage 

directly or indirectly a private citizen to engage in 

activity which it is prohibited from pursuing where 

that citizen has no motivation other than the 

expectation of reward for his or her efforts”)

24Steiger, 318 F.3d at 1045 25Id. at 362

26Leffall, 82 F.3d at 347 27Shahid, 117 F.3d at 325-326 28United States v. Attson, 900 F.2d 1427, 1432 

(9th Cir.), cert. denied, 498 U.S. 961 (1990). See 

also Koenig, 856 F.2d at 843 (noting that, “once 

the court has considered all of the circumstances 

surrounding the search and is satisfied that a 

private entity has conducted a search for its own, 

private reasons and not as an instrument or 

agent of the government, the specific reason for 

the search no longer matters”)(internal quotation 

marks omitted)

29United States v. Jackson, 617 F. Supp. 2d 316, 

326 (M.D. Pa. 2008)

30Malbrough, 922 F.2d at 462 31Compare United States v. McAllister, 18 F.3d 

1412, 1417-1419 (7th Cir. 1994) (in finding 

confidential informant (CI) to be private actor, 

court noted that “neither the case law nor 

common sense supports the proposition that 

a CI automatically obtains and retains an 

ongoing status as a law enforcement officer or 

a governmental agent ....” ) with United States 

v. Barth, 26 F. Supp. 2d 929, 935-936 (W.D. 

Tex. 1998) (confidential informant’s actions 

attributable to government) 

32United States v. Ginglen, 467 F.3d 1071, 1075-

1076 (7th Cir. 2006) (collecting cases)

33326 F.3d 522 (4th Cir. 2003)

34Id. at 528

35Id. 

36Thomas K. Clancy, Symposium: The Search and 

Seizure of Computers and Electronic Evidence: The 

Fourth Amendment Aspects of Computer Searches 

and Seizures: A Perspective and a Primer, 75 Miss. 

L.J. 193, 229 (2005)

37142 F.3d 988 (7th Cir. 1998)

38Id. at 993

39318 F.3d 1039 (11th Cir.), cert. denied, 538 U.S. 

1051 (2003)

40Id. at 1042

41Id. at 1044

42Id. at 1043

43United States v. Walter, 447 U.S. 649, 656 

(1980)

44Interestingly, this was not the last the 

government was to hear of “Unknownuser.” A 

short while later, he was involved in a second case 

involving child pornography, this time in a different 

jurisdiction, but with a very similar fact pattern to 

Steiger. While the court in this second case also 

found that “Unknownuser” was acting as a private 

party, it was a much closer call than in Steiger 

based, in part, upon the exchanges between the 

source and the officers involved. See United 

States v. Jarrett, 338, F.3d 339 (4th Cir. 2003), 

cert. denied, 540 U.S. 1185 (2004)

45Ellyson, 326 F.3d at 527(citing United States v. 

Kinney, 953 F.2d 863, 865 (4th Cir. 1992))

46See Coolidge, 403 U.S. at 488 (“It is no part of 

the policy underlying the Fourth and Fourteenth 

Amendments to discourage citizen’s from aiding 

to the utmost of their ability in the apprehension 

of criminals”); United States v. Souza, 223 F.3d 

1197, 1202 (10th Cir. 2000) (holding that police 

are under no duty to discourage citizens from 

conducting searches of their own volition)

47Ellyson, 326 F.3d at 527 (emphasis added)
Commentary

Health & Fitness

ANDY SMOTZER

andy.smotzer@dhs.gov

Are you over-weight? Don’t like the way you look? Tired all 

the time? Have trouble sleeping at 

night? Stressed out? If you answered 

yes to some or all of these questions, 

you may want to consider exercising. 

You may ask, “How do I get started?” 

Did you ever think about just walking? Walking can do wonders for your 

health and has many benefits. Walking conditions the body, strengthens 

your legs and back muscles, gives you 

better flexibility, and most importantly, 

strengthens your heart. I suggest 

taking long, slow walks at a moderate 

pace for about 15-30 minutes and see 

how you feel. After a couple of weeks 

of doing this for three to four times 

a week and feeling good, I suggest 

picking it up a notch and try for 45-60 

minutes, five to six days a week. This 

allows your system to burn more calories, improve cardiac functions, and 

reduce weight and body fat.

“Researchers found that walking 

can burn more calories than biking or 

swimming, because walkers support 

their total body weight by themselves, 

rather than having a bike or water 

support their weight. People have to 

bike or swim a lot more to gain the 

same calorie-burning effect as walking,” said Dr. Philip Ades, a professor 

of medicine and director of cardiac 

rehabilitation and prevention at the 

University of Vermont College of 

Medicine, and the study’s lead researcher.” (Brunswick News, “Health 

& Fitness,” July 21, 2009). Just 

remember, if you can walk from the 

couch to the refrigerator, you are not 

too heavy or too old to go take a walk.

Let’s say you have been walking for 

a few months and now you want to 

pick things up and want to try running. I suggest a combination of doing both. Why not add some running, 

or I should say jogging, to your walks? 

If you can walk continuously for 30 

minutes, you can add some running to 

your program. Once you start doing this and begin to run, only run 

until you get tired or start breathing 

heavy; then go back to walking. After 

regaining your breath and walking 

for a while, start running again. As 

you continue your work outs, run 

more and walk less. If you stay with 

this routine, after a few months you 

may be ready for what is called Long 

Slow Distance (LSD). LSD means 

running for a long period of time but 

slowly, and covering a long distance 

(three miles and more). I personally 

started the LSD running style over 

three years ago and have lost about 20 

pounds and have run in the last three 

Jacksonville River Runs which is a 

15K run (9.3 miles). So if I can do 

this I feel anyone can! I’m 56 years old 

and look forward to continuing my 

runs until I can’t run anymore. When 

that happens then I’ll go back to walking.

Before you start a workout program 

you may want to consider having a 

physical exam to get cleared by your 

doctor. Once you begin you may want 

to consider doing different things to 

stay in shape, such as a combination of 

different workouts that work different muscle groups so you don’t get too 

bored. Here’s some examples: walk, 

jog, swim, bike, use light weights, 

or even get involved with different 

sports to keep things fun. If you are 

a Federal Law Enforcement Training 

Center (FLETC) employee please 

keep us in mind over here in the Physical Techniques Division (PTD). We 

have special classes that FLETC staff 

can attend such as-fitness, diet and 

nutrition, weight management, stress 

management, tobacco cessation, men’s 

and women’s health issues, substance 

abuse, running, and weight training. 

To find out more, contact our Wellness Program Manager Tony Madero 

at 912-267-3436. Tony will be more 

than happy to help. So what are you 

waiting for? As that famous brand 

advises, “Just Do It”!
Federal Law Enforcement Training Center

U. S. Department of Homeland Security

1131 Chapel Crossing Road

Glynco, Georgia 31524

www.fletc.gov

We train those who protect our homeland

So long winter!