C. R. I. M. E. TIME
LAWS & LEGISLATION
Your firefighters are accused of theft—what do you do?
FOR THE FIREFIGHTERS of Philadelphia’s Battalion #1, the night of December 30, 1988 began with a rather routine alarm. By the end of the evening, the firefighters had faced a dwelling fire, accusations concerning the theft of money from an exposure, and a full-scale police investigation.
A telephone call came in reporting a fire on South Broad Street, the site of the famous “mummers”—clowns and musicians whose New Year’s parade, a Philadelphia tradition, was scheduled to begin in less than 35 hours. When the first units arrived, they saw no signs of fire in the facade of the three-story row structures. Then a neighbor directed the unit to the rear yard. Flames were venting through the second-floor windows, lapping to the third floor in a narrow, concealed alley. Units were ordered to stretch handlines into the fire building and to the adjacent problem, exposure #4. The strategy would be offensive/ defensive.
Members of the first engine to arrive stretched their hoseline to the front door of the fire building, forced entry, and began to ascend the stairs. Wearing full protective clothing, they prepared for the interior assault. In the rear, the second engine company operated a handline in the narrow alley, controlling the extension of fire by wetting down the combustible wooden cornices and shingled bays on the exterior of the fire building. This company’s role was not to extinguish the fire completely but rather to limit the spread by direct flame contact and radiant heat. The third engine was ordered to stretch into exposure #4 with enough line to check and stop any interior extension within the building. The last engine company was to provide a charged interior backup line to the fire floor and then advance above to the top floor.
Meanwhile, the ladder companies were busy. The first truck raised its aerial to the third-floor windows. Slowly, the tips tapped the heated panes and they foiled. Smoke instantly bellowed out of the opening in a spiral column. With all the windows removed, the firefighters raised the ladder to the roof. An experienced truckman, the operator knew that access to the roof was extremely important. Other members attempted entry from the exterior of the fire floor and floor above. The interior search team accompanied the first attack line. The second ladder company split forces, with emphasis on checking exposure #4 (the most serious) and exposure #2. They also supported operations on the top floor.
As the fireground commander, I thought the execution was flawless. It seemed to be moving in textbook style. Certainly, it is easier to be the chief-incharge when everything is flowing smoothly.
Unfortunately, a screaming citizen interrupted my thoughts. He was accusing my firefighters of stealing money from his apartment in exposure #4—a rather serious charge! The irate citizen was lodging a criminal complaint in front of dozens of onlookers and a television crew. He was, in effect, labeling us, the proud Philadelphia firefighters, common thieves.
Before the final flame was extinguished, the last embers cooled, and the debris physically removed to the exterior, our smooth operation was becoming a tremendous emotional strain. The accused firefighters who worked in exposure #4 were instructed to stand by on the outside and await further orders while a police supervisor began an inquiry.
From the command post in the front of the properties, two different investigations were taking place: In the burned-out structure, fire officials moved debris in layers in an attempt to determine the origin and cause of the fire, while in exposure #4, the police detectives looked for clues to the missing money. Police dusted the window ledge in the front room for fingerprints and questioned the property owner. Meanwhile, the firefighters stood by and waited. Most were angry. Some wondered if they should cooperate. Others thought of seeking legal representation. One wanted to summon a union representative. As the chief and possibly one of the accused, I thought about the attack on our character and reputation.
Fortunately, the division commander arrived and firmly supported the firefighters and their legal rights. Despite the property owner’s demand for quick action, the deputy requested a timely but fair police investigation. There would be no “frontier” justice”—no body searches, emptying of pockets, or intimidation. The “investigation of premises” would be properly documented. This lessened the firefighters’ anxiety.
The police found the money on the second floor, next to a credit card behind a vacuum cleaner approximately 50 feet from the front window ledge. The fact that the money and credit card were together eliminated the possibility that they were blown by the wind when the firefighters opened the lower sash. Later police discovered that two teenage neighbors were seen exiting exposure #4 as the firefighters were arriving. The property owner quickly and quietly withdrew the charges.
FIGHT CRIME WITH C.R.I.M.E.
After disscussing the incident with friends in the fire service and an attorney, I had many complex questions but few simple answers. There are just too many laws and procedures to remember. Therefore, I devised this practical memory device—CRIME —a mnemonic that can be used if you find yourself accused of a crime during a firefighting situation.
Command officers must take charge of the situation, because those who are emotionally involved find it difficult to remain objective. Controlling who enters and exits the emergency scene is essential to safety and security. It also reinforces the fundamental need to set up an outside command post to view the operation and develop a management plan to ensure coordination and accountability.
LAWS & LEGISLATION
C.R.I.M.E. TIME
Remove the suspected firefighters immediately. Restrict their entry back into the property and assign them meaningful tasks on the exterior. This way they remain productive but insulated from additional charges, such as tampering with the crime scene.
Investigate the charge by notifying law enforcement authorities. Police are trained to solve crimes just as firefighters are trained to investigate fires, mitigate hazardous-materials incidents, and intervene at medical emergencies. Police serve as a neutral third party; thus the public is less likely to call the investigation a “whitewash,” and the police have a greater chance of finding out the truth. As firefighters, we are obligated to answer all of our supervisor’s questions truthfully. Remember, by slanting the facts or refusing to cooperate you are helping the guilty party escape detection.
Media can often prejudice the public. Journalists can enhance or destroy the emergency service’s image in their search for the “sensational story.” If a fire department doesn’t provide the true facts by having a public information officer available, the press will often rely on false rumors. The progressive fire chief will take actions to build a solid rapport with the media by granting interviews on the fireground, handling requests for information, inviting the press to training sessions, and respecting their First Amendment right to report the news. This year-round cooperation will improve communication, help identify missions, and prove invaluable when refuting negative news.
Educate firefighters about their constitutional rights. While police questioning and firefighter cooperation are necessary, police must read all criminal suspects the Miranda warnings. At that point, firefighters should request legal counsel.
There can be a fine distinction between an investigation and a search, depending on the presence of a law enforcement agent. If the police are at the scene, they need a search warrant to search apparatus and firefighters. When police are not at the scene, the fire chief, as an employer, has the right and duty to conduct a full investigation. Opinions vary, how ever, as to whether a fire chief can order firefighters to empty their pockets to resolve a dispute.
MIRANDA WARNINGS
PHILADELPHIA POLICE DEPARTMENT STANDARD POLICE INTERROGATION
WARNINGS TO BE GIVEN ACCUSED:
We are questioning you concerning the crime of (state specific crime).
We have a duty to explain to you and to warn you that you have the following legal rights:
- You have a right to remain silent and do not have to say anything at all.
- Anything you say can and will be used against you in court.
- You have a right to talk to a lawyer of your own choice before we ask you any questions and also to have a lawyer here with you while we ask questions.
- If you cannot afford to hire a lawyer and you want one, we will see that you have one provided to you free of charge before we ask you any questions.
- If you are willing to give us a statement, you have a right to stop any time you wish.
QUESTIONS TO BE ANSWERED BY ACCUSED:
- Do you understand that you have a right to keep quiet and do not have to say anything?
- Do you understand that anything you say can and will be used against you?
- Do you want to remain silent?
- Do you understand that you have a right to talk with a lawyer before we ask you any questions?
- Do you understand that if you cannot afford to hire a lawyer and you want one, we will not ask you any questions until a lawyer is appointed for you free of charge?
- Do you want to talk with a lawyer at this time or to have a lawyer with you during questioning?
- Are you willing to answer questions of your own free will, without force or fear and without any threats or promises having been made to you?
The laws of the land are open to many interpretations. The prudent fire chief should take every precaution to protect firefighters while striving to be fair to the complainant. Thus summoning police immediately and having a legal advisor on retainer are essential steps in such situations.
Doing what is ethically or legally right is not always easy; it takes courage. But by taking the proper steps and having a systematic plan, you will increase the odds that your split-second decisions in such a crime situation will not destroy the long-term goodwill in the community or morale in your department.
