AUGUST 1'971 . . - LAW ENFORCEMENT BULLETIN AUGUST 1971

VOL. 40 NO.8

THE COVER-President Nixon speaks at gradua· 1 tion ceremonies 0/ the 87th Session 0/ the FBI National Academy while FBI Director J. Edgar Hoover looks on. See article beginning on page 2.

LAW ENFORCEMENT BULLETIN CONTENTS Message From Director J. Edgar Hoover 1 An End to the Era of Permissiveness 2

Auto Theft Rings 6 Gambling and Corruption, by J. Edgar Hoover, Director, Federal Bureau of Investigation 10

The Police Library, by Deputy Insp. Henry R. Morse, Police Department, New York, N.Y. 13

President Nixon Pledges Full Support To Stop Police Killings 16

State Arrest for Federal Crime, by Insp. Charles A. Donelan, Federal Bureau of Investigation, Wash• ington' D.C. (PartlI) 19

Published by the Report Final Dispositions 31 . FEDERAL BUREAU OF INVESTIGATION Wanted by the FBI 32 UNITED STATES DEPARTMENT OF JUSTICE Washington, D.C. 20535 MESSAGE

FROM THE DIRECTOR • • •

. . . To All Law Enforcement Officials

WHEN ALICE STEPPED THROUGH the looking Indeed, it is an era when emotion overrides glass in the popular story by Lewis Carroll, one reason. of the oddities she encountered in the strange Much of the criticism by troublemakers today land was that "It takes all the running you can is against the so­called "establishment." What- do to keep in the same place." ever the "establishment" stands for, they are Today, law enforcement in America faces a against. Just how a nation of people is to survive similar dilemma in its fight against crime, ex- without some type of governmental structure and cept the problem is not a fantasy. The problem control, they never get around to explaining. is real, and at times we may wonder if law en- Rather than seek lawful change and abide by forcement is doing as well as Alice. majority rule, they rebel and lash out at all who do not accede to their overbearing demands. Even Crime, like most other problems, has far more acquiescence to some of their questionable ulti- than solutions. We have today a rising matums is of no help, for new and more ridicu- wave of disrespect for the law­not only overt lous demands quickly follow. disrespect, but open reluctance and refusal to do the things necessary to make the law effective. Since law enforcement represents the govern- Some citizens tend to withdraw and have nothing ment's first line of defense against violence and to do with issues that do not affect them person- disorder, police officers become the immediate ally. Civic responsibility and public duty are enemy of those who want to rule by mob action. ignored. Most persons, if questioned, would Some groups circulate oral and written instruc- tions on how to injure and kill police. Thus, it quickly endorse effective law enforcement, but is not surprising that more and more officers are far too many stand by while police are verbally being slain. and physically abused. Present­day law enforcement is committed to Some might call this the era of the bizarre, safeguarding the lives and property of the public the eccentric, and the erratic. Regardless of how and protecting the peaceful against violence and it may be described, it certainly is an era in disorder. Our society must progress to the degree which the system of law and law enforcement is that certain and just punishment for the criminal being seriously challenged by those who con- is the rule, not the exception. We cannot settle fuse liberty with license, ignore the rights of for less. To "keep in the same place" in the battle others, and choose the laws they will obey. against crime is to lose.

UST 1, 1971 With Regard to Law Enforcement-

An End to the Era ~~W hen you go home, tell your colleagues that the era of permissiveness with regard to lawen• of Permissiveness forcement is at an end in the United States of ApJerica," President Rich• ard M. Nixon stated in what he called his personal message to all lawen• forcement officials on June 30, 1971. Speaking to an overflow the graduation exercises of the Session of the FBI National Academy in Washington, D.C., the President "And, therefore, I want to give a personal told the 100 graduates to spread the word that the Administration, the message to the 100 graduates of this class. It is Federal Government, and the FBI are one I am really trying to give to all law enforce• supporting "law enforcement officials in their attempts to reestablish re• ment officials wherever they may be, any place in spect for law, in their attempts to en• the United States: When you go home, tell your force the law with justice, in their attempts to end fear and terrorizing colleagues that the era of permissiveness with of our citizens throughout this country by criminal elements." The graduates, regard to law enforcement is at an end in the representing the 50 States, the District United States of America." of Columbia, Puerto Rico, and six for• eign countries, were also addressed by Attorney General John N. Mitchell. President Nixon singled out FBI Director J. Edgar Hoover for a per• sonal, laudatory tribute. Noting that he has known Mr. Hoover for over 24 years, the President added, " ... I can say from personal knowledge that he is a man who has never served party; he has always served his

FBI Law Enforcement Bulletin a ry, and he deserves credit for that. dent said, announced that all opium 100,000 population, crime was actu• • "Incidentally," he continued, "they poppies which produce heroin will ally reduced in the first quarter of say sometimes that Mr. Hoover is con• no longer be grown in Turkey start· this year." (The full text of the Presi· troversial. Let me tell you something. ing in June 1972. dent's remarks appears below.) Anybody who is strong, anybody who Secondly, Mr. Nixon commented Attorney General Mitchell, stress• fights for what he believes in, anybody that ". . . we are making progress in ing fairness in justice to learn the who stands up when it is tough is the battle against crime." Pointing truth, told the assembly that today bound to be controversial. And I say "unfortunately justice seems to mean that insofar as he is concerned, there different things to different people. "What is, however, even may be controversy, but the great ma• This leads to confusion and division more significant in terms of jority of the American people back among Americans as to what we our cities is we find that in Mr. Hoover and they back our law should expect from justice." 61 cities of over 100,000 enforcement officials like yourself Commenting on the violent actions population, crime was actu• throughout this country." of extremists, Mr. Mitchell observed, ally reduced in the first After congratulating the class upon "Disorders are deliberately manufac• quarter of this year." completing the intensive FBI training, tured to overtax the police organiza• President Nixon remarked that it was tions, create chaos, and, if possible, a day of good news for law enforce• out that according to FBI statistics goad police into actions that are then ment. First, he explained that a sig• there had been a downturn in the rate labeled 'brutality,' thus breeding new nificant breakthrough had just been increase of crime in the country for issues on which to feed. To such made to stop the source of supply of the first quarter of the year, the Presi• groups, justice is whatever serves heroin into this country from abroad. dent stated, "What is, however, even revolution. " In cooperation w.ith the United States, more significant in terms of our cities Adding to this confusion, the At• the Turkish Government, the Presi• is we find that in 61 cities of over torney General continued, "is the

Hon. Richard M. Nixon, President of the United States, is shown delivering an address during the graduation exercises of the 87th Session of the FBI National Academy. Seated, left to right, are: FBI Director J. Edgar Hoover, Attorney General John N. Mitchell, and Hon. Raymond F. Farrell, Commissioner, Immigration and Naturalization Service. police state." He said the opposite . true, that our society today is mo. open, more tolerant, and more pro• ~ tective of human rights than ever before. In his view, the Attorney General stated, the key to justice-as symbol• ized by the blindfolded goddess, Themis--is the scales in her left hand. "In a civil lawsuit," he explained, "they weigh the conflicting interests or claims of rival litigants. When we apply the symbol to the criminal jus• tice process, then the scales have another duty-to promote, on the one hand, fairness to the accused and, on the other hand, the determination of guilt or innocence. In other words, in this role justice insists that fair rules will be followed in the process of learning the truth. It balances the rights of the individual against the rights of the people, who are repre• sented by the policeman and the prosecutor. " We cannot claim to have a system of justice, Mr. Mitchell added, if • the rights that exist belong to the i dividual, and the people as a whole have none. "The people therefore have a Director Hoover greets President Nixon. While introducing him, Mr. right," the Attorney General re• Hoover praised the President's outstanding leadership for a free world and for more effective law enforcement. "No man," the marked, "to expect that means will be Director said, "has been more responsible for the fate of America maintained for apprehending persons or the destiny of the free world than this man has been. Throughout his entire adult life he has given great interest to law enforcement on a showing of probable cause that for its improvement and betterment." they have committed a crime. The people have a right to expect that, consistent with the rights of the ac• growing latitude that is given the individuals responsible, in most in• cused, the courts will provide a sworn enemies of the peace officer. stances, cannot be arrested. They are prompt, fair, and accurate means of Today extremist organizations are free to continue their advocacy of vio• determining guilt or innocence. That publishing underground newspapers lent revolution." is the essence of due process. The which openly advocate the killing of In this context, Mr. Mitchell em• people have a right to expect that, policemen and the overthrow of the phasized, "Justice seems to be a hunt• again assuming the rights of the ac• Government by force. They contain ing license for the enemies of society cused have been observed, a person detailed instructions on how to pro• as we know it." convicted of a crime will be dealt cure and use military-type weapons The Attorney General noted that with according to the law, and will and how to make bombs and incen• some responsible public figures and not be free uncorrected to prey upon diary devices. Speakers at extremist writers for responsible publications them again and again." rallies announce that their group in• are not helping the situation by rais• Disturbing as the picture of justice tends to stop the Government, or in• ing the cry "that the people are being may seem, Mr. Mitchell firmly be• tends to kill public officers. Yet the repressed-that we are heading for a lieves the cales will be balanced.

4 FBI Law Enforcement Bulletin cils, bar associations, peace officers today_ Fbelieve," he added, "that the groups, and others are devoting more only way to acquire this specialized and more time to this problem. Fur• knowledge and sixth sense is through ther, the Attorney General concluded, a continuing process of education and "The Department of Justice has been specialized training as is offered by examining the process of justice with the FBI National Academy_" a view to recommending changes that The Honorable Raymond F. Far• will help restore a balance between rell, Commissioner, Immigration and the rights of the individual and of the Naturalization Service, and Mr. people." Hoover presented the diplomas to the Lt. Jack H. Montgomery, Honohilu, graduates, and Dr. George R. Davis Hawaii, Police Department, president of the National City Christian Church, of the graduating class, spoke on be• Washington, D_C., delivered the in• half of his fellow officers. vocation and benediction. Music for He called on the men and women the occasion was provided by the U.S. of law enforcement to "keep busy and Marine Corps Band. Prior to the graduation ceremonies, Attorney General John N. Mitchell. strive to acquire a capacity for spe• cialized knowledge and a great sen• Capt. Earl J. Clark, Memphis, Tenn., said, "There is a strong movement for sitivity-a sixth sense, if you will, Police Department, was awarded the reform of the criminal justice system for the swiftly changing conditions, FBI National Academy Firearms Pro• in the United States." Judicial coun• stresses, and pressures of society (Continued on page 24)

after the graduation exercises, from left to right, are: Commi ssioner Raymond F. Farrell, Immigration and Naturalization Service; Mr. Hoover; Dr. George R. Davis, Pastor, National City Christian Church, Washington, D.C.; and Lt. Jack H. Montgomery, Honolulu, Hawaii, Police Department, president of the graduating class.

August 1971 5 ~~Professional auto theft rings, composed of ~specialists' from various fields of auto- motive endeavor, could be called ~organized business' since their reason for existencee. is to make money." ~

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~~The amazing ease with which rings acquire stolen cars often reflects the carelessness of automobile owners."

Auto Theft Rings

"But officer, , just don't period 1960­69 was a losing battle. population increased 138 percent over understand.' have the bill of The number of auto thefts increased this same period, from 182 to 432 sale for the car and all the 168 percent in that period, with stolen thefts per 100,000 persons. other necessary papers. , cars snowballing from 325,700 in Although law enforcement agen- paid hard·earned money for 1960 to 871,900 in 1969. The per- cies recovered 84 percent of all autos that car; you must be mis- centage increase in auto theft was stolen in 1969­50 percent were re- taken." four times greater than that of car covered within 48 hours of the theft- registrations during this period. Dur- the unrecovered 16 percent repre- ing 1970, the FBI investigated more sented a $140 million loss to the pub- H ow many times have law enforce- than 100 major automobile theft lic. This loss can be attributed to sev- ment officers heard this same pathetic rings, to say nothing of the thousands eral causes, a major one being the pro- story from an innocent victim who of autos stolen and transported inter- fessional auto theft ring. has purchased a used car only to learn state by thieves on their own. Professional auto theft rings, com- later that it is a stolen car? In 1960 cars were stolen at the rate posed of "specialists" from various Auto theft statistics from the Uni- of one every 2 minutes, whereas the fields of automotive endeavor, could form Crime Reports (1969) show that 1969 rate accelerated to one every 36 be called "organized business" since the war against auto theft during the seconds. The rate of theft per 100,000 their reason for existence is to

6 FBI Law Enforcement Bulletin ..iIJIiJ.ney. While car rings' illegal work vehicle licensing bureau to determine a small downpayment or issue a worth• ,.ally follows the basic pattern the car's owner. Calling the owner and less downpayment check. A similar shown in figure I-the theft of a car, expressing an interest in purchasing technique is used when thieves "rent" the deliberate and skillful alteration a new car like his, the ring was able cars from car rental agencies. of the car's identifying characteris· to obtain the name of the dealer from The second step of the professional tics, and the resale to the innocent vic• whom the car was purchased. Posing ring's basic pattern of operation• tim-many different modes of opera• as the actual owner of the car, a ring changing the car's identification num• tion are used to complete the basic member called the dealer, stated that bers and forging its documentation• pattern and consistently and success• he had lost his keys, and requested to is the most important since it facili• fully cheat the public. be given the key identification num• tates the quick and easy resale of the The amazing ease with which rings ber so he might have a new one made. stolen car. acquire stolen cars often reflects the Then, it was just a matter of waiting Vital to the second step is a hidden carelessness of automobile owners. for the opportune moment to make location where the necessary altera• In the past, many professional rings the theft. tions can be made. Such locations have had such large-scale operations Bolder thieves employ the direct ap• may range from garages of suburban that they hired amateur thieves to proach or "drive-off" method in steal• homes to the service and repair de• steal cars, for which they paid $25 to ing cars. Posing as a customer, the partments of large metropolitan car $50 per car. A rank amateur has little thief approaches either a car dealer• dealers. For this work, all rings have difficulty in locating an . automobile ship or a private citizen who has members who are specially skilled in which he can start and drive away. placed a "for sale" ad in the news• such trades as paint and body work, If a car thief is unable to find an paper. Requesting to either test-drive motor mechanics, forgery, and vehicle unattended car on the street with the the car or show it to his wife, the number alterations. key still in the ignition, he can walk thief drives the car away and never The alterations are usually divided onto almost any parking lot, get into returns. At times, the thief might make into four segments: document forgery, a car, and simply drive away. Ama• Figure 1. teur thieves supplying cars to a south• ring several years ago stole only unlocked cars parked on hills BASIC THEFT PATTERN or inclines. They would enter the car, place the transmission in neutral, and quietly coast the car off the hill. Some OF AUTO RINGS distance from the theft scene, the car was "hot-wired" and driven away.

Methods Used to Steal RESALE

Certain rings have employed their STEP #3 own professional thieves and methods to acquire cars. Members of one east coast ring posed as prospective buy• ers, approached car dealers, and re• quested to "test-drive" new cars. Their actual objective was to acquire the ignition key serial number so that they might later have a key made and steal the car at their convenience. Some rings are very selective in stealing cars. One ring searched one THEFT ___,~ ALTERATIONS area for the model of car it needed, " ..("n'..11 that car's license plate num• STEP #1 STEP #2 and contacted the State motor

August 1971 7 Vehicle Identification Number (VIN) of alteration. For example, one promi- car or steal a number plate from a cJiaJ changes, license plate replacement, nent ring almost always stamped ex- on the street. Many car owners new: and body work. One or all may be used tra numbers between the original dig- pay any attention to the number plate to prepare the car for sale. its before it changed the VIN. This and, therefore, would never know it A small number of States, often was done in an attempt to prevent res- was missing. called "non·title" States, have title toration of the original number Some rings have obtained blank laws which require little or no proof through a heat treatment process. number plates which they easily num- of ownership when applying for li- ber with a stamping machine. And, of cense tags or registering a car. Con- Changing the VIN course, other rings alter a car's true j sequently, a thief may walk into a number with a stamping machine. motor vehicle bureau in several of Other methods of vehicle number License plates are easily taken from these States and register and obtain a changing are used or attempted. For other cars for use on stolen vehicles. license for a car that is not legally instance, one accomplished number Some thieves and rings take a regis- his nor even in his possession at the changer from an eastern ring stamped tration obtained from a "non­title" moment. new numbers directly over old ones, State and with it "legitimately" obtain Another simple way for an auto always stamping the new numbers a license plate from another State. theft ring to obtain a title paper is to deeper than the old. When the old Then another common means is to cut purchase a late­model wrecked car numbers were ground off, acid was two different license plates in half, from a salvage yard. After stealing a used to make the remaining new switch the halves, and solder them car identical to the wrecked one, the numbers take the appearance of the together to obtain two plates with ring can alter the VIN and color of old ones. different numbers. the stolen car to match the title on Vehicle identification number Although every car ring does not the wrecked car. changes take many forms. One of the employ all of the above­mentioned While mQst rings employ number easiest ways for a ring to obtain a new methods of alteration to make the altering, each ring has its own method number is to either purchase a wrecked stolen car easily resalable, most rings

Figu re 2.

# 3 FACTORY " LEGITIMATE " I # 2 DEALERSHIP I DEALERSHIP ~ # 1 H DOCUMENTS " DUMMY " COMPANY I It THE FT PURCHASE HVIN CHANGES ~ I PRIVATE I­­ ~ I OWNER #1 BY BY 1 AMATEUR MIDDLEMAN HLICENSE PLATES} 1 FICTITIOUS CONSIGNOR BODY WORK ~ Y I OVERSEAS MARKET

8 FBI La w Enforcement Bulle•tin 6Jme up with a finished product _ at looks legitimate to the casual observer. ~ Reselling stolen cars-the third step in the pattern-usually is as easy as acquiring them, since, in effect, the same unsuspecting public from whom the cars were stolen becomes the buy• ing victim. In general, the professional car ring will not quibble at length over the resale price of a stolen vehicle. The ring endeavors to work on a "volume" basis, and therefore it may sell a late-model car for as little as one-half its actual value. An auto theft ring with a large overseas operation in the Scandinavian countries sold stolen late-model American cars for as little as one-fifth of their actual value and almost destroyed the legitimate car market in those countries before mov• ing on.

Getting Rid of "Hot" Cars

y rings use the auction block as quick means of getting rid of "hot" cars with a minimum of effort. Some advertise their cars in newspapers. Still others have approached car deal• ers stating that they must quickly sell their car because they are leaving on a "trip." Of course, these thieves never Missouri authorities recovered this altered license plate during a recent auto theft ring use their true identities. investigation. The plate had been constructed by cutting two ordinary plates and soldering A few rings establish "legitimate the left half of one to the right half of the other. dealerships" from which they sell linked. The accompanying diagram delivered to a location where false their stolen cars. Usually accompany• (figure 2) represents in theory the or• documents and altered numbers were ing these dealerships are "dummy" ganizational and procedural structure attached. It would be documented as companies from which the dealer pur• of an infamous east coast auto theft being owned by a "dummy "company, portedly buys the stolen car. When an ring with both domestic and foreign which in turn would "sell" the car to investigation occurs, the "legitimate" operations. Under the twofold opera• the ring's "legitimate" car dealership. dealer brings forth a bill of sale and tion indicated by the chart, a stolen The car would then be sold to an in· states that he "believed" he was mak• car could be directed to either the nocent victim by the dealership. ing a legal purchase. He will deny any ring's domestic or foreign market, de• knowledge of the dummy company pending on how the ring wanted to Coordinated Investigation and its illegal activities. handle it. The complexity and diversity of the Typically, in this ring's operation, On the other hand, this same car professional auto theft ring-the traits the car was stolen by amateur thieves might be titled to a ring member un• that hamper investigation of the and subsequently sold to a middle der an alias. Then the ring member readily be seen when all man, a person in the lower command would pose as the domestic consignor steps of the basic pattern are of the auto theft ring. The car was (Continued on page 28)

August 1971 9 ~~ When the raids were finally over, more than 30 subjects had been taken into custody, thousands of dollars worth of cash and gambling paraphernalia had been seized, and a multimillion-dollar bookmaking ring controlled by the Syndicate had been successfully put out of business. "

Silently fanning out through the corridors of a modernistic, high.rise apartment house, FBI Agents posi• tioned themselves in front of entrances on seven floors. Moments later, at a given signal, simultaneous raids were launched on the seven apartments, Gambling with similar raids conducted at the same time in three other States. As the Agents, equipped with rants, battered open steel doors amid flashing lights and cries of alarm, and Corruption three subjects dropped their work• papers, raced out onto a balcony 28 floors above the street, leaped to an adjoining balcony, and smashed through a locked window-only to be By grabbed by still another group of J. EDGAR HOOVER Agents. Director, When the raids were finally over, Federal Bureau of Investigation more than 30 subjects had been taken into custody, thousands of dollars worth of cash and gambling parapher• nalia had been seized, and a multi· million·dollar bookmaking ring con· trolled by the Syndicate had been successfully put out of business. Unfortunately, such a massive blow would not have been possible 10 years ago because bookmaking and num· bers, which furnish the underworld its major source of illicit income, were not then in violation of any erallaw.

FBI Law Enforcement Bu lletin A Other Syndicate activities-includ· derworld; John Roselli, notorious This information was promptly dis• ~ ng extortion, kidnaping, labor-rack. west coast gambling czar; and count• seminated and, during the past 5 years, eteering, interstate hijacking, and less dozens of their ranking aides and resulted in more than 20,000 arrests prostitution-were investigated where lieutenants. and the seizure of some $7 million applicable, but until recent times, Among the more than 1,000 subjects worth of currency, contraband, and most organized crime operations vio· who have been arrested or indicted gambling paraphernalia by these other lated only local, county, or State under the 1961 statutes and who are groups. ordinances. currently awaiting trial are national This should not be construed, how· Syndicate leaders from New York Corruption ever, as meaning these operations were City, Buffalo, Kansas City, and St_ either small or unimportant. As the Louis, plu!; lesser ranking mobsters When a recipient agency failed to President's Task Force on Organized from nearly every other city in the cooperate, however, there was no Crime pointed out, estimates on the country. means available to compel action on amount of money being wagered For their part in this overall drive, its part-all of which served to high• illegally in the United States each year court-approved electronic surveillance light a distressingly :rampant situation range from a low of $7 billion to a wherein jurisdictional lines protected high of $50 billion. installations have resulted in more than 700 arrests by the FBI during the flagrant violators from prosecution. As far back as 1951, the Special past year and in the breaking up of a Laws Enacted by Congress (Senate) Committee to Investigate number of major gambling opera• Organized Crime in the United States tions handling between $50 million Obviously, such a widespread evil announced that the "most shocking and $100 million a year in wagers. posed a serious moral and economic revelations" it had uncovered dealt threat which the country could not Even so, continuing congessional with the "extent of official corruption ignore. When this emerged during the probes into the realm of organized and connivance in facilitating and pro• 1961 hearings before the Senate Per· crime brought out the fact that there moting organized crime." After citing manent Subcommittee on Investiga- still remained two vital problem areas two specific instances in which local Congress quickly enacted three not covered by previous legislation: bookmakers were paying off corrupt banning the interstate trans• (1) that of local graft and corruption police officers- at the rate of $152,000 mission of wagering information, in• (particularly in the gambling field), a month in one city and more than terstate transportation of wagering and (2) the juriSChicago mob leader tivities uncovered hoodlum violations law enforcement through corruption Philip Cerone; Raymond Pat• faIling within the purview of other was central to the operations of or• head of the New England un- Federal, State, an d local agencies. ganized crime.

August 1971 11 One former official of a major me• As finally signed into 1aw last Octo• 30 days or which gross more tropolitan police department has even ber, the new statute hit gangdom in $2,000 on any single day were gone so far as to state that "90 percent a number of important areas: banning lawed on the grounds that such large• of all police scandals in the history of hoodlum infiltration of legitimate scale ventures affect interstate com• the United States have come under the business, making provisions for the merce, even when ostensibly intrastate area of gambling corruption." convening of special grand juries, es• in nature. At the same time, Title VIII tablishing an all-encompassing sec• declared the obstruction of State or Organized Crime Control tion on immunity, and broadening local gambling laws by officials con• Act 01 1970 the protection of Government wit• spiring with gamblers to be a Federal nesses from fear of reprisal by the un• offense. In spite of all this testimony, derworld. But it was Title VIII of the though, it should not be imagined that act that focused on the gambling-cor• Eliminating the Source underworld ties are limited to any ruption question. In particular, it fo• one group of civil servants. According cused on the lucrative numbers, or Within 2 weeks of the enactment of to the President's Task Force, racket• policy, racket. this statute, the FBI had gathered suf• eers spread their largess over a wide Whereas bookmakers generally rely ficient evidence to smash a series of range of "police officials, prosecutors, on the dissemination of out-of-State major numbers "banks" on the east legislators, judges, regulatory agency "line" data, thereby making them sus• coast and to seize approximately officials, mayors, councilmen, and ceptible to prosecution under the 1961 $16,000 in cash. Since that time, the other public officials, whose legitimate antigambling legislation, numbers op• number of those arrested has risen to exercise of duties would block organ• erators tend to be more self-contained. more than 700 individuals, and the ized crime and whose illegal exercise They will accept wagers on certain amount of cash and property con• of duties helps it." digits to be selected from parimutuel fiscated now totals nearly $1,700,000, Bearing all this in mind, Congress track figures, stock-market quotations, a sizable slash into the gamblers' decided to attack head-on the inter• Treasury-balance totals, or special operational system. locking evils of gambling and corrup• drawings-hence the name "num• Needless to say, the new law is tion in a sweeping new bill now known bers"-and the amounts bet are often highly unpopular throughout the as the Organized Crime Control Act considerably less than a bookmaker derworld. So much so that one of 1970. would accept. Because of the structure western numbers chieftain has an• of its operations, a Syndicate num• nounced his retirement and warned bers ring may be confined to an indi• his followers that the heyday of gam• vidual city, or even to one part of a bling is now over. The consternation " ... a Syndicate numbers city, but its ramifications are far• has also spread to the ranks of cor• ring may be confined to reaching in nature. rupt civic officials, and that is a hope• an individual city, or even ful sign in itself. to one part 01 a city, but As the Senate's Special Committee A Federal Offense its ramifications are lar• to Investigate Organized Crime in In• reaching in nature." Grossing millions of dollars a year terstate Commerce so aptly pointed in wagers, these rings often employ out, it is unrealistic to assume that hundreds of "runners" or "agents," police, prosecutors, and judges who Introduced in January 1969 by prey upon the ghetto-area victims who accept payoffs from racketeers will Senator John L. McClellan of Arkan• can least afford to lose their meager suddenly become efficient instruments sas, the bill was subjected to rather funds, and make a practice of bribing of justice when confronted with other extensive hearings during the course unconscionable civic officials to ignore crimes. of which a number of witnesses their flagrant operations. At the same time, it would be just pointed out the necessity for Federal Basically, then, it was this type of as erroneous to condemn everyone for legislation dealing with major intra• enterprise that Title VIII of the Or• the transgressions of what the Com• state gambling operations and the cor• ganized Crime Control Act of 1970 mittee called a "small but disturbing ruption stemming therefrom. This was designed to eliminate. minority." Experience has shown that need was further reiterated by Presi• Gambling rings which involve five most officials are competent, honest, dent Nixon in a special address to the or more persons and which are in and desirous of eliminating the misfits Nation on April 23, 1969. substantially continuous operation for (Continued on page 27)

12 FBI Law Enforcement Bulletin Most police administrators agree today that a modern police library is essential to the development The of law enforcement as a profession. Inspector Morse discusses how his department has endeavored to reach this vital goal. Requirements of police agencies differ because of varying needs and objectives. There• fore, the system explained by Inspector Morse is not Police presented as a blueprint for all police libraries but rather as informative material which may be of assistance to agenCl,es m establishing their own libraries. Library

By DEPUTY INSP. HENRY R. MORSE The rapidly changing function of Police Department, today's law enforcement officer reo New York, N.Y. quires that he keep abreast of all in· formation in his field. Police training, education, communications, and ad· ministration are a few of the many subjects of interest to the modem·day policeman. Materials in these and other subject areas should be col· lected, organized, and made available for the officer's use. These functions

A library of over 5,000 volumes is conveniently located in the New York City Police Department Training Academy. Officers enrolled in training programs and college courses find the library a good place for off-duty study. can best be performed by librarians depends upon the funds available and the training, educational, and re- or police officers trained in library the informational and educational search needs of the department and science. needs of the department. its members. Through the years, the A library of materials on law en- The present New York City Police library has grown from a forcement should be available in every Academy, opened in 1964, has a mod- conglomerate of books to the modern, police department. The library is ern library as one of its many facili- spacious, air­conditioned professional probably best housed in the depart- ties. The library is professionally library of today. It contains a reading ment's training facility, and its size organized and administered to serve room, upholstered furniture, drapes,

The index contains author, title, and subject cards for each book. ~ped-in music, typewriters, a micro- One of the functions of the acquisi- A book, once classified, should be wm reader, and work, reference, and tions department is to keep an acces- shelf­listed; that is, a list made of all circulation areas_ It has a collection sion record. A ledger­type book, avail- books arranged in the same order as of over 5,000 volumes and 200 pe- able from library supply houses, is books on the shelves. This record of • riodicals relating to the police field. used to record volumes in the chrono- books in the library is kept on catalog logical order in which they are added cards, 'one for each title. The card Library Organization to the library's collections. Each vol- gives complete bibliographic informa- ume is given an identification num- tion, the call number, and the acces- Small police libraries are best orga- ber, usually placed on the first right- sion number. This record is useful as nized into three major functions: (1) hand page after the title page. This a tool for inventory and for searching " acquisitions, (2) cataloging, and (3) useful record includes complete bibli- for missing books. circulation. Materials are ordered by ographical information, the SOUI'{;e A record of all library holdings is the acquisitions department, proc- for each publication, list price, cost, kept in the public catalog. For each essed by the cataloging unit, and and date of invoice. Other acquisition book there are an author card, a title I circulated by the circulation depart- records may include an on­order file card, and a subject card (or cards) to ~ ment. One person, trained in all and a backlog file. enable library users to locate material aspects of library organization and by anyone of the three. Cards are service, with the aid of clerical assist- Cataloging filed in a card catalog, either in dic- ants, could perform all of these func- tionary arrangement with author, tions in a small library. Materials received and recorded title, and subject in a single alphabet, are ready for classifying and process- or the catalogs may be divided into Acquisitions ing. Books are classified according to an author­title catalog and a separate a system by which hooks on a given subject catalog. Since there is little bibliography on subject are kept together; books on the subject of law enforcement, the related subjects are shelved nearby. Circulation job of collecting police literature is Among the most widely used systems mewhat difficult. A police librarian in American libraries are the Dewey Once the library has been orga- st check many sources to find cur- Decimal Classification and the Library nized for use, provision must be made ~ rent publications of value. Indexes, of Congress Classification. The Li- for borrowing. This brings us to the abstracting services, periodicals, bib- brary of Congress system has a dis- third library function, circulation. The liographies, and other acquisitional tinct advantage for the small police police librarian should choose the cir- tools must be examined at regular in- library. Sets of Library of Congress culation system best suited to his li- tervals to keep the library collection cards can be purchased for most brary's needs. up to date. Placing the library on pub- books. Each card contains a complete The circulation function includes lishers' association, police depart- bibliographic description of the book, keeping a record of books borrowed ment, and other law enforcement the classification number, and the sub- for home us~: · In a small library this agency mailing lists is also an excel- ject heading(s) under which the book may be done by recording the bor- lent means of learning what lawen- is listed. In many cases, however, Li- rower's name on the book card. The forcement publications are available. brary of Congress subject headings date the book is due is then recorded Some of the acquisitional tools use- are not specific enough for police use. on the book pocket. Book cards may ful in a police library are the Cumula- Modification by the police librarian be arranged in the circulation files by tive Book Index, Subject Guide to may be necessary. Library of Congress classification Books in Print, Public Affairs Infor- Once catalog cards have been re- number. Books missing from the mation Service, Crime Control Digest ceived, a book can he processed. The shelves can easily be located, and over- and other law enforcement periodi- Library of Congress classification due notices can be sent to delinquent cals, the Center for Law Enforcement number is printed on the spine of each borrowers. Research Information, Crime and De- volume. A book pocket is pasted in Library materials are usually linquency Abstracts, and the Readers' each book, and a book card is typed loaned for a specified time. The police Guide to Periodical Literature. The for each pocket. The card and pocket librarian must decide on policies gov- police librarian may examine these contain the name of the author, title erning borrowing privileges. Fines for sources at a local public library before of the book, Library of Congress call delinquent borrowers may be neces- number, and the accession number. (Continued on page 28)

15 President Nixon Pledges Full Support To Stop Police Killings

~~Never before in the nation's history have greater bur• dens and responsibilities rested upon law enforcement of• ficers. You have been called upon to enforce the laws and protect the citizens of this great land under dangerous and trying conditions. You have served honorably and effec• tively in spite of growing physical and psychological at• tacks on peace officers by certain segments of our society. "

President Nixon has advised local the FBI Laboratory, Identification Di· to the President and the Attorney and State law enforcement officials vision, and National Crime Informa· General for their firm support and throughout the country that "all re- tion Center, and continue to cover out- their determination to protect the sources of the Department of Justice of·State leads. lives of law enforcement officers. and the FBI are pledged by this Ad- After outlining some of the burdens Mr. Hoover told the officials the FBI ministration to assist you in dis- and dangers connected with enforcing stands ready "to do everything within charging your responsibilities." the law, President Nixon told the po- our power to aid you in the hour of The President's remarks were in a lice leaders "that this government's great sorrow when a police comrade letter over his signature to police of- support for you and your men will is slain." Reiterating his ficials following a series of confer- never be diminished by sweeping al- position against a national ences on the growing problem of legations of 'repression' and 'police force, Mr. Hoover added, "The great assaults on and killings of police brutality' so often echoed in public strength of American law enforcement officers held in Washington, D.C., forums by a thoughtless few. Fre- lies in the voluntary and fraternal early in June 1971. quently those who cry out the loudest cooperation of local, State, and Fed· As a significant example of the type in these matters are the ones who eral agencies. We want no national of assistance President Nixon had in vilify you with the ugliest of epithets, police, and l­speaking for the FBI- mind, the FBI will now, upon specific confront you in the streets, and seek can emphatically state that we want no request of chiefs or agency heads, ac- to provoke you with violence." The laws or regulations giving us in· tively investigate the killing of police full text of the President's letter creased powers in this direction. I officers. FBI Agents will work jointly appears on the opposite page. know the individual department, from with local authorities to solve the During the White House conference, the morale and personal pride stand- crimes so that the guilty may be the Attorney General informed the po- point, wants to catch the assassin. The identified and prosecuted in local lice executives that legislation would answer lies rather in the spirit of courts. This extension of FBI investi- be proposed through the Law Enforce· cooperation, the enthusiasm, the dedi- gative help resulted from the White ment Assistance Act for the payment cation to efficiency of the men and House conference on June 3, 1971, of $50,000 to the survivors of a police women in law enforcement itself." attended by the President, Attorney officer slain in the line of duty. In connection with the new policy General John N. Mitchell, FBI Di- Director Hoover, while speaking to of providing investigative assistance rector J. Edgar Hoover, and police some 100 law enforcement admin- when officers are slain, the Director • executives from cities across the istrators and command officers at stated, "The full facilities of the FBI country. The FBI will, of course, con- the conference on police killings on are available upon request." tinue to make available the facilities of June 7, expressed deep appreciation President Nixon's letter:

16 FBI Law Enforcement Bulletin THE WHITE HOUSE

WASHINGTON

June 14, 1971

Dear ___

On Thursday, June 3, 1971, the Attorney General, FBI Director Hoover and I met with chiefs of police and sheriffs from a dozen cities across the country. You and your men might be interested in some of the sentiments expressed.

Never before in the nation's history have greater burdens and responsibilities rested upon law enforcement officers. You have been called upon to enforce the laws and protect the citizens of this great land under dangerous and trying conditions. You have served honorably and effectively in spite of growing physical and psychological attacks on peace officers by certain segments of our society.

The physical dangers are apparently increasing. One out of every six police officers has been the victim of an assault. Last year 100 police officers died in the performance of duty - some victims of premeditated murder. This year alone, 51 more officers have been slain. You have courageously persisted in carrying out your duties in spite of these grim statistics. You deserve the full support of this government: to that end, I assure you that all resources of the Department of Justice and the FBI are pledged by this Administration to assist you in discharging your responsibilities.

You are further assured that, this government's support for you and your men will never be diminished by sweeping allegations of "repression" and "police brutality" so often echoed in public forums by a thoughtless few. Frequently those who cry out the loudest in these matters are the ones who vilify you with the ugliest of epithets, confront you in the streets, and seek to provoke you with violence. Your countless acts of sacrifice go largely unnoticed; your few errors are exaggerated and widely publicized. This Admin• istration chooses to recognize you for what you are - the best trained, best educated and most compassionate law enforcement officers this nation has ever had.

Despite the unjust criticism of police in recent times, I am confident that a growing number of citizens are becoming aware of the complexity of your job and the impor• tance of your role in our nation of laws. To succeed, you will need the full support and respect of the people and the nation you serve. Speaking for the vast majority of them, of whatever race or philosophy or station in life or section of the country, I am sure that you have that support. Sincerely,

August 1971 17 NEW FBI ACADEMY NEAR COMPLETION

This is an aerial view, looking east, of the construction of the new FBI National Academy facilities at Quantico, Va. The present FBI fire· arms ranges can be seen at upper left, and the U.S. Marine Corps rifle ranges are shown in the upper right center. Completion date of the multiple.build• ing training center is set for 1972. The new Academy will enable the FBI to train 2,000 local and State law enforce• ment officers each year in the main training program and approximately 1,000 more in shorter, specialized courses. This will be an addition to the training provided to new FBI Agents and regular in-service classes for all Agents.

18 FBI Law Enforcement Bulletin The Legal State Arrest Digest for Federal Crime

By (This is the conclusion of a two-part article. Part I appeared INSP. CHARLES A. DONELAN in the July issue.) Federal Bureau of Investigation

Washington, D.C.

2. The Marsh Case

In 1928, in the aftermath of Carroll and Gambino, the U.S. Circuit Court PART n of Appeals for the Second Circuit in New York handed down its important decision in Marsh v. United States,25 a case which likewise involved the enforcement of the transportation ~~The Supreme Court of the United States ap• provision of the National Prohibition pears to have never had occasion to rule directly Act. The opinion of the court in this on the question of the power of State officers to leading case was written by the late distinguished jurist, Judge Learned arrest for Federal crimes, but recognition of this Hand. authority seems implicit in the opinion handed The defendant in this case was ar• down by the Court in United States v. Di Re.... rested by a New York State trooper Although the Supreme Court did not deal specifi• after his chauffeur-driven car had cally with the basic question of the power of a allegedly run a traffic light in a village State officer to arrest without a warrant for a in the western part of the State. Sev• eral bottles of whisky were thereafter Federal offense, it ruled that when a State officer discovered in the automobile. He was does effect such an apprehension, the law of the tried and convicted in Federal court State where the arrest is made determines its possessing and transporting liq- lawfulness. "

August 1971 19 uors in violation of the National Pro• admissible at a trial in Federal court. evidence of the meaning of the State hibition Act, and appealed. The Circuit Court, however, assuming arrest law. The court then declare ~ There was a conflict in evidence as in line with the finding of the trial "Moreover, we should be dis• to the facts surrounding the arrest and judge that the State trooper had posed a priori so to understand seizure involved. The State trooper stopped the defendant's car for viola• it. Section 2 of article 6 of the contended that he had been at the vil• tion of the traffic ordinance and had Constitution makes all laws of the lage crossroads when the defendant's either seen the bottles of whisky or United States the supreme law of car drove through the traffic signal, was told of them by the defendant, the land, and the National Pro• and that he pursued the automobile, ruled that the search and seizure were hibition Law is as valid a com• stopped it, and asked to see the authorized under State law. It noted mand within the borders of New defendant's registration card and that Gambino, in holding that a State York as one of its own statutes. license. He also said that when he officer was not empowered by the Na• True, the state may not have, inquired of the defendant "what he tional Prohibition Act to enforce its and has not, passed any legisla• had on," the defendant replied that he provisions, had left open the question tion in aid of the Eighteenth had a load of good whisky. Upon look• of whether there was authority Amendment, but from that we do ing in, the officer related, he saw elsewhere. not infer that general words used whisky bottles partly covered with a In ruling on the question of whether in her statutes must be inter• blanket. The defendant's story, on the the State trooper had authority to preted as excepting crimes which other hand, was that the State trooper arrest the defendant without a war• are equally crimes, though not had told him he had stopped the car rant for the Federal offense committed forbidden by her express will. We because it was "loaded," and that in his presence and of which he had are to assume that she is con• when he denied this, the officer entered lawfully obtained evidence, the Court cerned with the apprehension of the car, pulled off the blanket, and dis• held that he did possess such power offenders against laws of the covered the contraband liquor. by virtue of the New York arrest United States, valid within her statute which authorized a State peace borders, though they cannot be officer to arrest without a warrant a Arrest Without a Warrant prosecuted in her own courts." person committing or attempting to On appeal, the Circuit Court in the commit a crime in his presence. The Circuit Court of Appeals course of its opinion addressed its referred to two prior decisions main attention to the question of National Prohibition Act State courts which held or implied whether the State officer had authority that the Federal statute based on the by virtue of State law to arrest the At the outset of its analysis leading act of September 24, 1789, empower• defendant without a warrant for a to the conclusion that State officers ing State officers to arrest for Federal Federal offense. In order to reach this had the authority to arrest without a crimes under a warrant, had by im• issue, however, the court initially had warrant for a Federal offense by vir• plication forbidden arrests without a to consider whether the State trooper tue of State law, the Circuit Court warrant in such cases. 27 The court had stopped the defendant's car for stated that it had been a universal said, however, that it could not accede violation of the traffic ordinance, or practice of peace officers in New York to this argument because the foregoing whether he had done so on suspicion to arrest for Federal crimes, regard• Federal tatute related only to the that the automobile was carrying illicit less of whether they were felonies or practice when a warrant issued and liquors. If the latter were the case, the misdemeanors, and that this practice there was no reason for assuming that stop, search, and arrest would have was strong evidence of the under• it went further than its subject matter. been unlawful under the Carroll case, tanding of the tate officials as to the If it were extended, the court declared, which held that probable cause to be• meaning of the State law. Noting, as there would be no means of arresting lieve the vehicle contained contraband Gambino also did, that the Governor offenders caught in the very act of liquor had to exist. Consequently, the of New York had unequivocally crime, a result which would so impair evidence seized would be tainted, for declared that it was the duty of all the execution of the laws that it seemed under the Gambino case, evidence of local officers to enforce the National incredible that it should have been a violation of the National Prohibition Prohibition Act, the court stated that, so intended. Furthermore, the court Act obtained by wrongful search and in the absence of a holding to the con• stated, it may be that the United States, eizure by State officers acting solely trary, it saw no reason not to accept in respect to such arrests, is limited on behalf of the United States was in• the practice and the declaration as by the law of the State where

20 FBI Law Enforcement Bulletin may be, but it would be un• of the State officers to arrest the de• State from which he flees is guilty of to suppose that its pur• fendant without a warrant for the committing a felony whenever and pose was to deny to itself any help violation of the Fugitive Felon Act, wherever he is apprehended. Thus, that the States allowed. 28 and held that they did possess that since the fleeing defendant here was authority. in the act of committing a felony in 3. The Bircham Case the presence of the officers attempting A second interesting case where the to take him into custody, the court question of the power of State officers declared, it was their right and duty to arrest for a Federal crime without The appellant " •.• was to arrest him. The court said: 33 a warrant arose is that of Bircham v. in overt action in the com• mission of a felony in the Commonwealth 29 decided by the "Such Hight is a separate and Court of Appeals of Kentucky in 1951. presence of the officers at• distinct offense from the crime of The facts in Bircham were these: tempting to take him in that for which the fugitive was in August 1949 the defendant was flee· custody. It not only was convicted in the foreign juris• ing by automobile across country their right, it was their duty, diction, and is an offense against from the State of Kansas to avoid to arrest him• •.." the laws of the United States. confinement after conviction for the In United States v. Bumbola et crime of robbery in violation of the aI., D.C.N.Y., 23 F. 2d 696, the Federal Fugitive Felon Act.30 He knew In arnVIng at this decision, the court held that it is the duty of a that FBI Agents were looking for him, Court of Appeals discussed at the out• peace officer of a state to arrest if not in actual pursuit. Reaching set the subject of extradition, or inter• without a warrant any person Louisville, Ky., on the night of August state rendition, in the light of Article committing an offense against the 9, 1949, under the apprehension that IV of the Constitution of the United laws of the United States in his the Louisville police were expecting States,al and the provisions of Ken• presence. . . . (T) he appellant him, in his excitement, he drove up a tucky law enacted pursuant to this . . . was in overt action in the one-way street in the wrong direction. constitutional mandate and which for• commission of a felony in the was overtaken by two cruising po· mulated the procedure to be followed presence of the officers attempt· officers who came alongside his for arrests by Kentucky peace officers ing to take him in custody. It car and ordered him to pull to the in assisting other States in the vindi• not only was their right, it was curb. The officers recognized the de• cation of their laws. After pointing out their duty, to arrest him ...." fendant as a fugitive sought by the that the Louisville police officers were 4. The Di Re Case FBI, for they had noticed his picture not armed with any warrant of arrest, on a wanted flyer posted at police the court stated that under the provi• The Supreme Court of the United headquarters. The defendant, believ• sions of the then con trolling Kentucky States appears to have never had ing that he was about to be taken into statute, a law enforcement officer had occasion to rule directly on the ques• custody, drove off rapidly with the no authority to arrest a person found tion of the power of State officers to officers in close pursuit. After a wild .in Kentucky who was guilty of com· arrest for Federal crimes, but recog• chase and gunfight, the defendant was mitting a felony anywhere in the nition of this authority seems implicit eventually captured, but not before United States unless a warrant had in the opinion handed down by the 34 he had shot and killed one of the been directed to him by judicial au• Court in United States v. Di Re. officers and wounded the other. He was thority.32 The court stressed the fact Di Re involved the question of the tried and convicted in State court for that in the latter situation the crime legality of an arrest for a Federal the murder of the police officer and for which the person was to be ar• crime made without a warrant by a sentenced to death. On his appeal to rested would be one which had not State officer, and the admissibility of the high court of Kentucky, his judg• been committed in Kentucky or in the evidence obtained by a search and ment of conviction was affirmed. presence of the arresting officer. seizure made incident to this arrest. The court declared, however, that Although the Supreme Court did not Fugitive Felon A.ct after Congress enacted the Fugitive deal specifically with the basic ques• Felon Act in 1934, any person moving tion of the power of a State officer to In the course of its decision, the in interstate commerce with intent to arrest without a warrant for a Federal of Appeals took up, among avoid confinement after conviction offense, it ruled that when a State issues, the question of the power for robbery under the laws of the officer does effect such an apprehen•

August 1971 21 sion, the law of the State where the ence; and when a felony had in fact federal offense, was made by arrest is made determines its lawful• been committed, and the officer state officer accompanied by ness. Thus, the existence of the au• had reasonable cause for believing eral officers who had no power of thority of a State officer to act in such the person to be arrested to have arrest. Therefore, the New York a case appears to be recognized by committed it. The Court found, statute provides the standard by necessary implication. however, in this case that when the which this arrest must stand or This case arose in New York dur• detective arrested the defendant, he fall." [Emphasis added.] 36 ing World War II under the following had no previous information impli• set of circumstances. The defendant cating the latter and no information Other Cases was sitting in an automible one day pointing to his possession of any cou• with the driver, who was suspected of pons. The only information the detec• In several cases considered by the selling counterfeit gasoline ration tive had concerning the defendant was Supreme Court subsequent to the dis• coupons in violation of Federal law, his presence in the car, the Court said, cussion in Di Re elucidating the rela• and an informant. When approached and this was not enough to make a tionship of State and Federal arrest• by a detective of the Buffalo Police case for an arrest under the statute ing authority, the Court has restated Department, who was accompanied for either a misdemeanor or a felony. its holding in that decision. For ex• by Federal investigators of the Office The passage in the opinion of the ample, in Miller v. United States, the of Price Administration (OPA) who Court which implies that a State of• Court said: 87 possessed no statutory powers of ar• ficer has the basic power to arrest for "This court has said, in the simi• rest, the informant had bogus cou• a Federal crime follows: 35 lar circumstance of an arrest for pons in his hand which he said he had "We believe . . . that in ab• obtained from the driver. The detec• violation of federal law by state sence of an applicable federal peace officers, that the lawfulness tive arrested the defendant and the statute the law of the state where driver without a warrant. Later, at of the arrest without warrant is an arrest without warrant takes to be determined by reference to the police station, the defendant was place determines its validity. By state law." 38 searched and counterfeit coupons one of the earliest acts of Con• were discovered on his person. On the gress, the principle of which is evidence thus obtained, the defendant still retained, the arrest by judi• Conclusion was convicted in Federal court of pos• cial process for a federal of• This review of the statutory and session of the counterfeit coupons in fense must be 'agreeably to the judicial authority establishing or rec• violation of Federal law. usual mode of process against of• ognizing the power of state officers to fenders in such state.' There is arrest for Federal crimes, with or Power to Arrest no reason to believe that state without warrant, may serve several law is not an equally appropri• purposes, not least of which is the I On review, the Supreme Court held ate standard by which to test ar• recalling to mind of the many and that the defendant's conviction could rests without warrant, except in varied bonds which bind American not be sustained because the arrest those cases where Congress has law enforcement officers in the dis• made by the detective without a war• enacted a federal rule. . . . rant, upon which the search and seiz• charge of their duty. The countless ure were based, could not be justified "Turning to the Acts of Con• cases, unrecorded in the law books, gress to find a rule for arrest under ew York arrest law which the where State and Federal officers, with• I Court declared provided the standard without warrant, we find none out hesitation or question, come to the by which the arrest for the Federal which controls such a case as we prompt aid of each other in the al• offense must stand or fall. have here and none that purports ways personally dangerous act of ap• At the time of the defendant's ar• to create a general rule on the prehending a criminal provide cogent rest, the controlling New York arrest subject. ... evidence of the strong, permeating statute provided that a peace officer "No act of Congress lays down spirit of cooperation which marks , could arrest a person without a war• a general federal rule for arrest their daily work. In the effort to vin• rant for a crime committed or at• without warrant for federal of• dicate those laws, State and Federal, tempted in his presence; when the fenses. None purports to super• aimed at keeping the Nation as free person arrested had committed a fel• sede state law. And none applies as humanly possible from the thr~ ony, although not in the officer's pres• to this arrest which, while for a and actuality of crime, this coopel ~

22 FBI Law Enforcement Bulletin _ on allows the ideal of local lawen- the accused must be taken before a judge with all practical speed, and complaint mu.t be made against . orcement to be maintained, makes Law enforcement officers him under oath setting forth the ground for the arrest, possible the high degree of effective- of other than Federal juris- and his answer shall be heard u if he had been arrested on a warrant. ness which the proper administration diction who are interested in 33 Bircham v. Commonweallh, 238 S.W. 2d 1008, of criminal justice demands, and puts any legal issue discussed in 1015­16 (1951). .. Uniled SI.les v. D, Re, 332 U.S. 581 (1948); .e. into everyday life the lesson of that this article should consult al.o Uniled SI.les v. Coplon, 185 F. 2d 629 (1950). fundamental truth expressed by the their legal advisor. Some 35 ld. at 58!H1O. 36 In Davis v. United Statel, 328 U.S. 582, n. 4 at Supreme Court in the following police procedures ruled per- 61(}­11 (1946), decided 2 yean before Di Re. Mr. Justice Frankfurter, citing Gambino and Marsh passage: 39 missible under Federal con- (see footnote. 16 and 28), said: "Whether the New stitutional law are of ques- York detectives are authorized to make arrests for "Our dual form of government tionable legality under State federal offenses is a debatable issue." Davis was an· other OPA case, and it wu not clear if the New York has its perplexities, State and law, or are not permitted at detectives or OPA investjgators made the arrest ' for Nation having different spheres all. the Federal crime involved. In Di Re, Mr. Justice of jurisdiction, as we have said, Frankfurter voted with the majority. :rr 357 U.S. 301, 305 (1958). See aloo lohnson T. but it must be kept in mind that Uniled SI.les, 333 U.S. 10 (1948); Ker v. C.lifornia, we are one people; and the pow- 374 U.S. 23 (1963); Reed v. Uniled Slale., 401 F. 2d Itatel the general rule and we approve of it for 756 (1968). ers reserved to the States and Arizona." 38 Before and after Di Re, State and FedeIllI cases those conferred on the Nation are .. 238 S.W. 2d 1008 (1951). have pointed out that arrest without warrant for 30 18 U.S.C. 1073. Federal crimes may be made by private persons, thus adapted to be exercised, whether 31 U.S.C.A., Constitution art. IV. aee. 2, c1. 2. This recognizing a traditional, but seldom resorted to, independently or concurrently, to clause reads: HA penon charged in any State with source of arrest power. In our jurisprudence, the Treason, Felony, or other Crime. who shall flee from American law enforcement officer beneath the cloak. promote the general welfare, Jultice, and be found in another State, shan on of his official authority is an ordinary citizen, and material and moral." ij) Demand of the executive Authority of the State from thus surely possesses the power of arrest granted to which he fled. be delivered up, to be removed to the a private citizen under the controlling law. See State having J uriadiction of the Crime." Uniled Slales v. Bur,o., 269 F. 2d 763 (1959); .. Thi••tatute (K.R.S. 440.080) wao repealed when Ward v. Uniled Slales, 316 F. 2d 113 (1963); Irion FOOTNOTES the Kentucky legislature enacted into Kentucky law in v. Uniled Slate$, 325 F. 2d 420 (1963); Alexander T. 1960 the Uniform Criminal Extradition Act, the aub- Uniled Slales, 390 F. 2d 101 (1968); Monl,omerr 25 29 F. 2d 172 (1928), cert. denied, 279 U.S. 849 atance of which has likewise been adopted by moat v. Uniled SI.les, 403 F. 2d 605 (1968); Uniled (1929) • State•. The Uniform Criminal Extradition Act eltab- Sla'es v. Kriz, 301 F. Supp. 1329 (1969); Uniled ..,. ld. at 174. Hahed the procedure for the arrest in one State of a S'.les v. Mon'o$. 421 F. 2d 215 (1970); People v. .,27 Mc~fichael v. Cullilon, 104 A. 433 (1918) ; Len$ki penon who has committed a crime in another State, Flord, 288 N.Y.S. 2d 950 (1968); D.... T. Uniled v. O'Brien. 232 S.W. 235 (1921). with or without a wanaot. and for hi, commitment, S'a'es, 16 App. D.C. 442 (1900); Shettel v. United .. In Whitlock v. Borer. 77 Ariz. 334, 338 (1954), following a hearing, to await requisition. The Ken· S'ate$, 113 F. 2d 34 (1940); United S'ale$ v. Linden• tbe Supreme Court of Arizona, in answer to the ques- tucky statute today, after providing for arrest with feld, 142 F. 2d 829 (1944). In tW. general connection. tion of whether a State officer had the right to make a warrant (K.R.S. 440.270) • further provide. (K.R.S. it hu been held that Federal officers in each State an arrest involving a Federal crime, the case involving 440.280) that the arrest of a person may be lawfully posselS the arrest powers accorded private perlons by an arrest for the alleged passing of a twenty.dollar made by any peace officer or private penon without the laws of that State, unless their powen have been bill believed at the time to be counterfeit, cited the a warrant upon reasonable information that the ac· enlarged or restricted by Federal atatute. See United atatement in Marth that it had heen a universal prac- cused stands charged in the courts of a State with S'ate$ v. Coplon, 185 F. 2d 629 (1950); United Slale. tice of police officers in New York to arreat for a crime punishable by death or imprisonment for a v. Viale. 312 F. 2d 595 (1963). Federal crimea and declared: "We think this practice term exceeding 1 year. When such an arrest is made, .. Hoke v. United S'ate., 227 U.S. 308, 322 (1913).

AUTO THEFT POSTER item should be submitted to the lowed at the outset of homicide, sui- Director, Federal Bureau of In- cide, and aggravated assault investi- According to the 1969 Uni- vestigation, Washington, D.C. gations. The guidelines are on a small form Crime Reports, an auto- 20535. card which can be carried in a bill- mobile is stolen every 36 seconds. fold_ Some of the points highlighted Public awareness of ways to curb on the card and to be implemented or this incredible statistic is vital to followed by the officer first on the controlling auto theft. scene include notation of the time of "Help Prevent Auto Theft," an POINTS TO REMEMBER call, time of arrival at crime scene, FBI poster which lists several Basic to the successful investiga- and time of crime; protection of evi- "do's" and "don'ts" pertaining tion of crime is the preservation of dence; development and identification to auto theft prevention, is avail- the crime scene. 'To emphasize this of possible suspects and witnesses; ob- able free of charge in limited point to his officers, Chief of Police taining basic facts of crime; and any quantities to interested individ- James H. Crawforo, North St. Paul, other appropriate action deemed uals and organizations. Minn., has issued each of them a necessary to the successful handling Requests for copies of this printed list of inst:ructions to be fol- of the case.

August 1971 23 END OF ERA (Continued from page 5) ficiency Award, donated by The American Legion. Detective Lt. James W. Mackenzie, Jr., Lakewood, Ohio, Police Department, won the John Edgar Hoover Medal for Excellence in the Study of Law Enforcement by achieving the highest scholastic stand· ing in his class. Those completing the 87th Session bring the total number of graduates to 5,934 since the Academy was estab· lished 36 years ago. President Nixon's remarks: Mr. Attorney General, Director Hoover, members of the graduating class, and all of our guests here today: I am very honored to be here. And responding to the personal note which Mr. Hoover introduced me on, may I say that I am very honored to have these cuff links and will be honored to wear them. As some of you may know, when I travel through the country, like all Pre idents who travel through the country, there are times when over• enthusiastic people will grab your arm and take a cuff link. When I wear these, I will simply say, "Watch out, the FBI will get them back." I know that you wiII be hearing from the Attorney General for the ad• Among distinguis hed guests at the graduation ceremonies was Mrs. Martha Mitchell, wife of the Attorney General of the Uni ted States, who is shown here with Mr. Hoover. dress to the graduating class, and I will try not to impose on his time or yours in my remarks on this occasion. of news, as far as law enforcement is new policy. All opium poppies which But I did not want to miss the op• concerned. At nine o'clock this morn• produce heroin wiII cease to be grown portunity on this day, a very special ing at the White House, I announced in Turkey starting in June of 1972. day for the 100 who are in this class the mo t significant breakthrough in This does not mean that the fight and for their families who are here, topping the ource of supply of against dangerous drugs is over. It to peak on some subjects that it seems heroin into this country that we have does mean that we have made a big to me are quite relevant on this made, perhaps, in recent history. step forward. occasion. What has happened is that the Turk• But we would hope that as far as First, I congratulate all those who ish Government- and in Turkey be• the demand is concerned, enforcing are graduates of the class, and I want tween 60 and 80 percent of all the those who are the pushers, giving to, in speaking to you, to speak to all opium poppies from which heroin is treatment for those who are the of the men and women in law enforce• made that comes to the nited States addicts, that all of these programs will ment throughout this country. I want is grown-the Turkish Government, go forward. to tell you, first, that today, signifi• in cooperation with the Government I can assure you that your Govern• cantly enough, is a good day in terms of the United States, ha announced a ment is engaged in a world·wide

24 FBI Law Enforcement Bulletin Mr. Reuben W. Robertson (right), Detective Deputy Superintendent, Jamaica Constabu)ary Force, Kingston, Jamaica, West Indies, receives his dip)oma from Commissioner Raymond F. Farrell.

Lt. Jack H. Montgomery.

Commissioner Raymond F. Farrelllleftl presents a diploma to 1 st Lt. Ismael Mercado, Police of Puerto Rico, San Juan, P.R.

August 1971 25 fensive to stop the source of supply place in the United States: When you with regard to my long-time friend of dangerous drugs into the United go home, tell your colleagues that the and the man who is responsible States. You in law enforcement know era of permissiveness with regard to this Academy-Mr. Hoover. how important it is to see that those law enforcement is at an end in the I have known him for 24 years. As who are addicted to drugs-that those United States of America. Tell your a young man I worked with him and numbers can be reduced, because in colleagues that not only in terms of with others in the Federal Bureau of our major cities, and many places the laws of the land at the National Investigation in major investigations where I have seen the statistics, over level, in terms of our LEAA programs, of various subversive elements in this 50 percent of the more aggravated in terms of support of the FBI, but country. crimes are committed by those who more particularly in terms of support Mr. Hoover, during my period of are engaged in the drug traffic or who of the President of the United States knowing him-over 24 years-has are addicts. and the Attorney General, that we served under five Presidents. Three The second point that I think is back law enforcement officials in their of them were Democrats; two were good news, and I trust that the At• attempts to reestablish respect for law, Republicans. In that period of 24 torney General will expand on -this, in their attempts to enforce the law years that I have known him, I can are the crime statistics that Mr. with justice, in their attempts to end say from personal knowledge that he Hoover's department has released fear and terrorizing of our citizens is a man who has never served a today. throughout this country by criminal party; he has always served his coun• For the first quarter of this year we elements. They have the backing of try, and he deserves credit for that. have seen a downturn in the rate of the President, of the Attorney Gen• Incidentally, they say sometimes increase of crime. What is, however, eral, of their Federal Government and that Mr. Hoover is controversial. Let even more significant in terms of our their Federal officials, and will con• me tell you something. Anybody who cities is we find that in 61 cities of tinue to. is strong, anybody who fights for what over 100,000 population, crime was May I also say in that connection he believes in, anybody who stands actually reduced in the first quarter that we not only speak in terms of up when it is tough is bound to be of this year. And that includes the backing from a moral standpoint, but controversial. And I say that insofar city of Washington, D.C. I want to assure you that as I travel as he is concerned, there may be con• This means we are making progress throughout the country, don't get dis• troversy, but the great majority in the battle against crime. That prog• couraged by some of the talk to the the American people back Mr. Hoover ress could not be made, of course, effect that the man who wears the and they back our law enforcement without the laws which the Congress badge or the man who is in law en• officials like yourself throughout this has enacted--enacted in cooperation forcement is one who isn't backed in country. with and at the urging of this Admin• his community. There are some who So with that, I am honored to be istration. It could not be done without do not back him. It has become some• here, to break into your graduation the national support that you receive what fashionable, or had become ceremony to reassure you and all of from the Federal Bureau of I'nvestiga• somewhat fashionable, in recent the men in law enforcement through• tion and other law enforcement agen• years, to make attacks on law enforce• out the country of the support you cies, and the Attorney General of the ment officials. But let me say that the have at the very highest levels in gov• United States. great majority of the American people ernment for your work-your work But more important, this progress in this country do provide backing for which is sometimes dangerous, some• in the battle against crime couldn't be the men who are willing to sacrifice times underpaid, but, believe me, deeply appreciated. made unless it was for the front line their lives or to risk their lives in The Nation is in your debt for what soldiers, those who are the lawen• order to save the lives of others. you are willing to do, and I am hon• forcement officials in the cities, in the You have our backing. You have ored to speak for the entire Nation towns, all across this great country the backing of the American people. in saying to you congratulations, of ours. And this particular ceremony pro• wishing you well, and seeing that this And, therefore, I want to give a vides an opportunity for us to state Nation is one in which we will have personal message to the 100 gradu• it again, and state it for all of the respect for law, in which the Amer• ates of this class. It is one I am really American people on this occasion. ican people can have freedom from trying to give to all law enforcement Also on this occasion I am provided fear. officials wherever they may be, any an opportunity to say a personal word Thank you very much.

26 FBI Law Enforcement Bulletin FROM NAIL TO KEY TO TROUBLE FILING OF FBI IDENTIFI- CATION ORDERS A prisoner working as a trusty at a open six interior locks, and stole National Guard Armory made a key thirty·two .45·caliber automatic The Bulletin wishes to remind to fit all locks inside the armory from weapons. law enforcement agencies maintaining a twentypenny nail. After his dis· He was apprehended several days fingerprint files that FBI Identifica· charge, the prisoner returned to the later as he attempted to dispose of the tion Orders are designed in size and armory, used the homemade key to guns. format for filing in such records. Many subjects of such orders have been promptly identified as a direct result of the arresting agency's filing the orders by classification in its fingerprint files. If your department does not keep FBI Identification Orders in this manner at the present time, it is suggested that consideration be given to the possibility of adopting this procedure.

POSTER AVAILABLE

A poster issued by the FBI and entitled "Death in Disguise?" warns American motorists against picking up hitchhikers who may be criminals, sex maniacs, or murderers. This poster is available free of Key made from nail by prisoner opens padlock. charge to interested individuals and organizations, and requests should be sent to the Director, FBI, Washington, D.C. 20535. the impossibilities of a dedicated law GAMBLING enforcement agency trying to bring (Continued from page 12) hoodlums to justice hefore a crooked NCIC from their own ranks. This was judge; or the futility of a district at· graphically illustrated during a recent torney's attempt to clean up a local A recent NCIC inquiry by Pennsyl· FBI raid on a Syndicate ring handling gambling ring that is paying the vice vania State Police concerning some more than $100 million a year in squad thousands of dollars a month bonds cashed at a local bank revealed wagers, when State police officers for '·'protection." that theft of the securities was under aided FBI Agents in arresting nearly Congress served notice on what the investigation by the U.S. Treasury De• a dozen persons, including a lieutenant future holds in store for both gamblers partment, Washington, D.C. and three of their fellow officers who and dishonest officials when it enacted Later, descriptions of the subjects had been accused of taking bribes. the Organized Crime Control Act of allegedly in possession of the stolen It is a sad, but inevitable, fact of life 1970. bonds were included in bulletins sent that the fall of someone in a position President Nixon affirmed his faith by the Treasury Department to banks of trust blackens all those around him in the principles of the bill when he in the Pennsylvania area. An alert and makes it doubly difficult for them signed it into law on October 15. teller in one of the banks recognized to fulfill their official functions. Now it is up to everyone to see that from the descriptions a woman at· Picture, for example, the frustra· sincere law enforcement officers and tempting to cash bonds and immedi· tions of an honest patrolman serving those around them get1:he opportunity ately notified the police. Four subjects a corrupt sergeant or lieutenant; they have been seeking. ~ were taken into custody.

August 1971 27 AUTO THEFT RINGS The value of recovered automobiles multaneously locks the over the years has easily reached into and steering column when the (Continued from page 9) the millions, and many thousands of removed. Many new cars are years of prison sentences have been with a buzzer which sounds if the and have the car shipped to the ring's meted out to perpetrators operating driver leaves his car without first re• foreign market, where it would usu• theft rings. moving the key from the ignition. ally be sold for much less than its ac• Insurance companies, ever con· Also, manufacturers have moved the tual value_ scious of the rising percentage of auto VIN plate into plain view on the car's Only through intense cooperative thefts by professional rings, have es• dashboard. and coordinated investigation by the tablished private auto theft bureaus Over the years, numerous and var• FBI and State and local authorities to investigate and aid in the capture ied programs have been conducted by was this ring broken and its perpe• law enforcement, civic groups, car of those whose illegal acts are directly trators convicted_ manufacturers, insurance companies, responsible for a sizable part of the Congress provided for the prosecu• and others to alert the public to the increase in insurance rates. tion and conviction of auto theft rings continuing menace of auto theft rings. Car manufacturers have, from year in 1919 when the National Motor Ve• However, public concern about auto hicle Theft Act, now called the Inter• to year, innovated and changed car thefts can hardly be legislated or en• state Transportation of Stolen Motor theft prevention features and identifi• forced. Public cooperation, for the Vehicle Statute, became law. Since cation characteristics to aid in the war most part, must be voluntary, and it that time, law enforcement agencies against both ring and amateur auto is badly needed. After all, car owners have kept court dockets crowded with theft. They have added such antitheft and buyers- in fact, practically every the cases of offenders of this statute. devices as an ignition lock which si• American family-are the victirnl?' ijl

POLICE LIBRARY la es, encyclopedias, and bibliogra• on the latest techniques and innova• phies all fall into this category. This tions in their field. Police libraries (Continued from page 15) type of material does not circulate. should, therefore, seek to obtain These books should always be avail• plete runs of the popular law sary to insure the prompt return of able for consultation. ment periodicals such as the FBI Law books. The periodical collection is a very Enforcement Bulletin, Police, Police The police library can be divided important part of the police library, Chief, Law and Order, and the ]ourn\ll into five separate collections: circula• for through this literature law en• of Criminal Law, Criminology, and tion, reference, periodicals and serials, forcement officers may keep up to date Police Science. The librarian may special materials, and vertical file. The librarian selects the material for each An officer reviews periodicals for the latest techniqun and innovations in his field. of the collections and may withdraw from the collections those materials which are no longer of value.

Circulating Collection

The largest of the five collections, circulation, will include book and non• book materials available for horne use. Materials in this collection are lo• cated through the card catalog. Ar• rangement on the shelves is by Library of Congress call number. The reference collection consists of works which may be referred to for some definite piece of information. Dictionaries, handbooks, indexes, at•

28 this collection current by placing examining each issue unless material many major indexes as the budget per• with the publishers. in the magazines is indexed each mits. Indexes are usually cumulated Unfortunately, law enforcement pe• month by the librarian. at the end of the calendar year. These riodicals, for the most part, are not Journal articles of interest to law should be bound and made available included in the major indexes. Of enforcement officers will also appear to the researcher. the periodicals mentioned, only Police in general circulation magazines such Periodicals are checked in on spe• and the Journal of Criminal Law, as Life, Look, Newsweek, Time, and cial cards available from library sup• Criminology, and Police Science are others. These titles are indexed in the ply houses. Current journals are indexed, the former by Public Affairs Readers' Guide to Periodical Litera• bound at the end of each year to Information Service and the latter by ture. Newspaper articles also provide preserve the material. Private binders Chemical Abstracts, Index to Legal a valuable source of information for perform this service. Periodicals, Public Affairs Informa• the police officer. For example, the tion Service, and Psychological Ab• New York Times Index is an ex• Special Materials Collection stracts. Therefore, it is necessary to cellent reference source for material examine the annual subject indexes of interest to police libraries. Also, The special materials collection of published in each of the other law the Government Printing Office in the police library consists of those doc• enforcement journals. Since annual Washington, D.C., prints numerous uments, reports, and surveys which are subject indexes for these law enforce• booklets and papers which are avail• pertinent to the field of law enforce• ment periodicals are unavailable dur• able at nominal costs_ ment. Such a collection might include ing the current year, research involves Police libraries should collect as police department annual reports, po•

At the circulation desk a patrolman charges out a book for use at home. WEEKLY. SEMI.MONTHLY. MONTHLY. materials are no longer of value, may be discarded.

Library Equipment and Supplies

The police librarian should be acquainted with the various kinds of library equipment and supplies. He can keep up to date on this matter by reviewing library furniture and sup• ply catalogs. Equipment and supplies ordered for the library will, of course, depend upon budget and space limi• tations. Basic library equipment in• cludes book shelves, book trucks, reading tables and chairs, microfilm readers, and cabinets. Equipment varies greatly in quality and cost, Periodicals are checked in on special cards like the one shown. Police Library Budget

Police departments, like other mu· HV nicipal agencies, have limited finan• 8138 Smith, Bruce, 1892• • cial resources. Library operation and S58 Police systems in the United States. nev. and enI. New 1949 York, Harper (1949) maintenance are expensive. Library xIII, 351 p. dlagrs. 24 cm. funds are needed to keep book and Bibliographical footnotes. periodical collections up to date, chase equipment and supplies, periodicals, and rebind worn books. These funds do not necessarily have to come solely from municipal

1. Pollce-U. S. I. Title. sources. Support may also be sought Full name: Clarence Bruce Smith. from governmental agencies, business 1 HV8138.s58 1949 351.74 49-48594· and professional organizations, and Library of Congress foundations. One source of Federal funding for police libraries is the Law Enforcement Assistance Administra• tion. Designed as an educational aid Library of Congress classification cards may be used for cataloging books. to strengthen and improve the Na• lice surveys, theses and dissertations Vertical File tion's crime control forces, the Omni• on law enforcement subjects, and Fed• bus Crime Control and Safe Streets eral, State, and local government docu· A vertical file collection consists of Act of 1968 provides for increased ments of interest to police officers. Few nonbook reference materials which Federal aid to State and local law of these materials are listed in the are housed in legal.size file drawers. enforcement agencies. maj or bibliographic sources. To reo The vertical file includes pamphlets, This article describes only some of ceive these items, the police librarian newspaper and magazine clippings, the ways in which a police library should place his library on the mailing pictures, and other materials. These might be organized. It is impossible to list of such organizations as police de• materials are placed in folders and list all procedures necessary to such partments, colleges and universities arranged alphabetically by subject. an operation. It is recommended, offering police science programs, po• The police librarian must clip articles therefore, that the police librarian lice associations, and local and Fed• of interest from local newspapers and visit other libraries to learn "",,,.th/\ti,, eral agencies. pertinent periodicals. When these adaptable to his own facility.

30 FBI Law Enforcement Bulletin The public interest in safety from criminal attack demands it, as well as our own interest, and the interests of other elements in the criminal jus• Report Final tice system, in perfonning profession• ally and efficiently toward that same objective." Dispositions "I ask your complete and continu• ing cooperation in this mutual effort for the public good," the Director concluded. "Specifically, I ask that you expend extra effort to obtain disposi• tion data and that, where necessary, All fingerprint contributors are poses of investigation? Or that the you devise new ways of insuring that urgently asked to report final disposi• charges were dropped? Or that a jury this essential infonnation is collected tion for each charge they submit to acquitted him?" These remarks ob• and made available to complete the the FBI Identification Division by viously foreshadow future questions identification records at both State fingerprint card. on the use of a criminal identification and national levels." ijl Some complaints are made against record that does not show final dis• incomplete identification records that positions. do not show dispositions. Critics Questions similar to those raised SPEED KILLS allege that such records are mislead• in Gregory and Tarver, above, were ing and are a violation of the rights also brought out in Menard v. According to the Florida Highway of the persons involved. Mitchell, 430 F. 2d 486 (1970), a Patrol, speed is the number one killer Some charges have been taken to Federal appellate decision which in traffic accidents in that State. The court. In one case an applicant for remanded the plaintiff's demand for director of the highway patrol re• employment listed 14 arrests, total expungement of an allegedly in· cently stated that more than one·third of which led to convictions, with accurate identification record back to of all accidents and almost one-half the result that he was not hired. He the trial court for full development of of the fatal accidents in Florida dur• alleged that the use of such informa• the facts. ing 1970 involved speed. Motorists tion to deny employment violated the These case references emphatically who believe they can drive safely Civil Rights Act of 1964. The Federal point up the serious dimensions of in• at excessive speeds are only fooling court held for the plaintiff, and en• complete criminal identification rec• themselves, he added. Florida Patrol joined the employer from using such ords. Assessing the problem in a records show that when excessive information as a basis for denying em• recent letter to all fingerprint con• speed is involved in an accident, the ployment. The court stated, in part, tributors and other police officials, chance of injury or death is greater. that "information concerning a pro• FBI Director J. Edgar Hoover com• spective employee's record of arrests mented, "If the FBI, as the custodian without convictions is irrelevant to his of these records, should be required to THIEVES SLIP SEAL suitability or qualifications for em• expunge all arrest notations for which ployment." [Emphasis added.] Greg• dispositions are available but not re• Recently during a theft from inter• ory v. Litton Systems, Inc., 316 F. ported, every element of the criminal state shipment investigation, FBI Supp.401 (1970). justice system will be handicapped, Agents in a western office learned of Further, Mr. Justice Douglas, dis• deprived of information pertinent to a method by which thieves surrep• senting in Tarver v. Smith, a case not the protection of society." titiously open metal seals on vans and directly related to the problem, in The one and only answer to the containers. They use a mechanic's which the Supreme Court denied problem, Mr. Hoover emphasized, is sparkplug gap gauge to slip the clamp certiorari on May 24, 1971, said, in to "Report the final disposition in each portion of the seal and thereafter part, that "A file may show that an case at whatever level it occurs• easily remove it without damage, steal individual was arrested. But will it police, prosecutor, or court. Each and the goods, and replace the seal. The that the arrest was unconstitu• every contributing agency should gear loss is not discovered until the van al because it was solely for pur- its operations as necessary to this end. arrives at its destination.

August 1971 31 is said to have advocated acts of Vi. lence and is reportedly a member WANTED BY THE FBI the militant and violence·oriented Weatherman group, a former faction of the Students for a Democratic So• ciety (SDS). He should be considered dangerous.

Notify the FBI

Any person having information which might assist in locating this fu• gitive is requested to notify immedi• ately the Director of the Federal Bureau of Investigation, U.S. Depart• ment of Justice, Washington, D.C. 20535, or the Special Agent in Charge of the nearest FBI field office, the tele• phone number of which appears on the first page of most local directories.

STATEWIDE P­CR PROGRAM The Illinois Department of Enforcement recently initiated a state• TH OMA S MICHAEL JUSTESEN, also known a s: Michael Thomas Justese n, wide police-community relations (P• " Mike." CR) program designed to keep the citizens of Illinois fully and accu• rately informed of its activities. Ac• Conspiracy Description cording to Director Herbert D. Age______21, born May 17, 1950, Brown, 33 Illinois State Police officers Thomas Michael Justesen is being acramento, Calif. have received more than 50 hours of Height______. 5 feet 10 inches to 5 feet sought by the FBI for conspiracy to classroom training in news coverage, 11 inches. unlawfully injure property of the WeighL______150 to 165 pounds. human relations, narcotics and drug nited States. Build______Medium. abuse education, and traffic safety. Justesen was indicted on April 16, HaiL ______. Brown. Two men are assigned as safety edu• Eyes ______. Blue. 1970, by a Federal Grand Jury in Se· cation and public information repre· Complexion___ Medium. attie, Wah., in connection with vio· Race______White. sentatives in each of the 15 State lent demonstrations which occurred ationality___ _ American. police districts, and three serve as there on February 17, 1970, report· Remarks______Reportedly wears glasses. supervisors. edly to protest the pending "Chicago FBI No______335,390 H. Mr. Brown stated that these officers, 7" trial. The demonstrators allegedly Fingerprint who are in the Information and Edu• classification: mashed windows of the U.S. Court 16 M 1 R- r 9 Ref: T cation Section, play a key role in House and reportedly damaged no less SIU --U developing better cooperation and un· than 30 business establishments in the derstanding between police and Caution area. A Federal warrant for Justesen's reporters. arrest was issued on April 16, 1970, Justesen, who allegedly wears a at eattle. long hunting knife strapped to his leg,

32 FBI Law Enforcement Bulletin

U. s. GOVERNMENT PRINTING OFFICE : 1971 0 - 428 - 339 FOR CHANGE OF ADDRESS ONLY (Not an order form)

Complete this form and return to:

DIRECTOR FEDERAL BUREAU OF INVESTIGATION WASIDNGTON, D.C. 20535

(Name) (Title)

(OftV) (State) (Zip Oode)

Visitor to FBI

Dale W. Hardin, Vice Chairman, Interstate Commerce Commission, W C::lShington, D.C., recently visited FBI Headquarters and was photographed with Director J. E dgar Hoover. UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION WASHINGTON. D.C. 2015315 OFFICIAL BUSINESS

RETURN AFTER IS DAYS

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INTERESTING PATTERN

The pattern presented here is classified as an accidental-type whorl with an inner tracing. This impression is very unusual because of the numerous separate loops within the pattern.