APRIL 1972

LAW ENFORCEMENT BULLETIN

FEDERAL BUREAU OF INVESTIGATION UNITED STATES DEPARTMENT OF JUSTICE J. EDGAR HOOVER, DIRECTOR APRIL 1972

VOL. 41 NO.4

THE COVER ­ Mobile command post for direct· ing SWAT field opera· tions. ee article begin. ning on page 8.

LAW ENFORCEMENT BULLETIN CONTENTS

Message From Director J. Edgar Hoover 1 Some Observations on Police Station Security, by Capt. David A. Hansen, Police Department, Daly City, Calif. 2 Ignition Key To Crime, by J. Edgar Hoover, Director, Federal Bureau of Investigation . 5 SWAT-The Los Angeles Police Special Weapons and Tactics Teams, by G. N. Beck, Police Depart· ment, Los Angeles, Calif. 8 The Special Operations Group, by Capt. William R. Mooney, Police Department, Chicago, Ill. 11

"Friendly Town," by William Brey, Chief of Police, Danville, Ill. 16 Published by the FEDERAL BUREAU OF INVESTIGATION Civil Authority To Arrest Military Deserters, by Insp. UNITED STATES DEPARTMENT OF JUSTICE Charles A. Donelan, Federal Bureau of Investiga• tion, Washington, D.C. (Part I) . 21 Washington, D.C. 20535 Radio Communications Department Serves Law En• forcement in North Dakota, by Aldred G. Brose, Director, North Dakota Radio Communications Department, Bismarck, N. Dak. 25 FBI Processing of Non·Federal Applicant Finger· prints Reinstituted 31

Wanted by the FBI . 32 MESSAGE

FROM THE DIRECTOR • • •

. . . To All Law Enforcement Officials

A SPECIAL KIND OF KILLER haunts many of our But today, all too often it turns out to be a communities today. He is the cowardly jackal dastardly planned scenario for deranged killers who murders law enforcement officers. For many bent on the ambush slaying of peace officers. of his victims, he will be forever faceless because Too many people are misled by the revolu- the fatal assaults are at the officers' backs and tionary romanticism babbled by self­styled they have no opportunity to defend themselves. guerrillas who cry of repression and abuse while For others, the murderer's leering face is their plotting to overthrow the Government and under- last cognizable reality before the deafening ex- mine society. The law enforcement officer, as the plosion of gunfire brings their lives to an end. front­line symbol of the orderly process of jus- ~ Last year, 126 local, county, and State law tice, has become a primary target of assassination. I enforcement officers were murdered. This is 26 After some police slayings, certain insurgents more than the number slain in 1970. For the have gloatingly pronounced their groups were years 1962 through 1971, 722 law enforcement responsible. This indicates the depths of depravity officers were killed by criminals. During the same to which men can sink. 10­year period, of the 965 offenders arrested on Most ambush slayings are not caused by the charges relating to the killings, 73 percent had negligence of the victim officers. However, the prior arrests for criminal charges. Firearms were increasing frequency of these tragic incidents used in 96 percent of these slayings. makes it imperative that each police officer be The sharp increase in the number of police constantly alert to the planned terrorism directed officers slain from ambush is particularly alarm- against him by extremists. No complaint or call ing and foreboding. During the period 1968­71, for police should be handled as "routine." This 49 officers were killed from ambush. There were fact has been made evident by the number of seven ambush slayings in 1968, three in 1969, officers slain while on their regular patrols. 19 in 1970, and 20 in 1971. The barbaric murderers must come to know The murdering of a police officer from ambush that when law enforcement officers pay the is a shocking, unconscionable act. Beyond this, supreme sacrifice, our society will demand a in many instances it is the ultimate penalty supreme penalty. To allow police killers to go exacted from an officer because of his availability. without just punishment would be to encourage A foot patrolman hearing the cries or screams the growing assaults against the rule of law and of an alleged crime victim responds immediately; the principles of self­government. Further, the officers in a police cruiser race to the scene of a blood of every slain officer is on the hands of those reported crime or disturbance without question- who, by word or deed, condone, encourage, mini- each is an act of duty and human compassion. mize, or excuse the terrorist tactics of extremists.

APRIL 1, 1972 Some Observations on Police Station Security

By CAPT. DAVID A. HANSEN Police Department, Daly City, Calif.

Officer assigned to security views the perimeter of the Daly City Hall complex. That the American policeman is under attack is certainly not a rev• elation. Not only is resisting arrest commonplace, but also the officer finds himself victim to mob action, revenge, snipings, and bombings. While these are occupational hazards, so to speak, they appear to be epidemic in nature. Not only are policemen subject to as· saults on the street, but more and more frequently attacks occur in, about, and upon the police station. A typical comment following, for example, a police station bombing is, "What is safe, when even police sta• tions are bombed?" Figuratively, however, a police station is normally an extremely vulnerable location. A police station in a city is not a barracks or fortress. It may become fortress, owing to the problem, but present it is normally and essen1:Iall) empty of policemen. Law enforcement has been its best to get more and more UUJn",-. men out on the street to fight To assist in this program, many partments have appointed more more clerical personnel to handle tion business. This has proved

FBI Law Enforcement Bulletin terproductive in the sense that it has further reduced the protection of the POLICE police station itself. DEPARTM T This article is not intended to be a "scare" piece. Nor do we comment on conspiracies or plots. These mayor may not be extant. The facts are that police stations are subject to attack, such attacks do occur, and they are frequently successful.

"Successful" Attack

An attack is "successful," unfor• tunately, when police personnel are killed or injured_ It is successful when the physical structure is damaged, rec• ords are destroyed, or the business of the plant is interrupted_ An attack is also successful when it causes police administration to belatedly react to the problem with typical crisis plan• ning_ Strict security is placed on the _ station and, likely and appropriately, on neighboring stations_ As things be• come quiet and continue so, adminis• tration typically orders the officers back to patrol, usually after a few days or in a week or two_

Success of the attack can also be A security officer checks the complaint desk at police department headquarters. determined by the concern expressed by the street policemen. This becomes more and more noticeable. Specifi• There seems to be an intense iden• so, it is sometimes necessary to be cally, what are the effects of police tification with those officers who have conveyed to the station by a radio station attacks upon the line officer? been injured or killed in such attacks. car unit (one-man operation). This is Funeral services are attended by po• always at the tag end of the midnight licemen from jurisdictions surround• watch. The young officer, appropri• ing, neighboring, or even far away, in ately and predictably, reports on the addition, of course, to the late officer's happenings of the night which is now comrades from his own department. coming to a close. Invariably, such re• Peripherally, a result of such attacks ports now start with comments upon is to extend heavy security measures police assaulted, stations attacked, and to the funeral home, the church, the the like. The conversation is heavily cemetery, and the services. Even these larded with thoughts about security are not immune from attack. Police• and police injuries. Let's face it-this men talk among themselves. Naturally man has just come through another concerned with the hazards of the oc• night in which he worked essentially cupation, they speak of these. Conver• alone. sation and repeated conversation, pre• diction and story, tend to create con• Point of Honor siderable anxiety among the officers. Usually, the author prefers to walk We older administrative types, erst• Chief of Police Roland A. Petrocchi. to the police station each day. Even while "street police," in the past fol-

April 1972 3 Patrol cars are checked for bombs.

lowed a code of not summoning as• or diminished by free expression of Why can't this or that security meas• sistance on the street unless absolutely their concerns. As with young people ure be implemented? Management necessary. It was a point of honor to everywhere, these officers question the may not always relish questioning handle any matter at hand without old order of things. They ask "why" from below, though it should try to such assistance, if possible. To require this or that directive is employed, and give answers when possible. Such the presence of assisting officers, and they expect and rate answers to their questioning is here to stay, and an• to then find that such assistance was questions. Right now, they are con• swers must be given in the interest unnecessary, was embarrassing, in• cerned with the safety and security of of both efficiency and morale. This is deed. themselves and their station. And not to say that management must im• rightly so. plement every suggestion; any num• Open to Suggestion To be sure, some exaggeration re• ber of them are bound to be facetious, sults from the free expression of fears unworkable, or too costly. Manage• The young officers of today are and trepidations. Often suggestions ment should not, of course, hesitate to much more realistic and honest about made are unworkable. Others are say "no," with a reason for the nega• their precautions. Mostly, they 'are un• workable; however, most become lost tive answer. embarrassed in the summoning of as• in the bureaucratic apparatus or are sistance as a precaution, and they are halted by the lethargy of the admin• Efficient Security Methods unencumbered by the above-men• istration. In general, law enforcement is still tioned, and presently unrealistic, Specifically, what are the effects too often a management by crisis. "code." of police station attacks upon the With respect to this subject matter, They are no more "frightened" than administration? following an attack, management usu• we were; their standing 'as good men For one thing, the administration and good policemen is not hampered is faced with questions from the men. (Continued on page 28)

4 FBI Law Enforcement Bulletin Auto theft is many things. It is a Ignition Key crime born of envy. It is a crime that ~ breeds crime. It is a crime committed ~ to a large extent by irresponsible young people. It is a crime often com· To Crime* mitted prior to, or in conjunction with, other crimes. It is primarily a ,.. crime of opportunity. Visualize, if you will, almost a mil· lion citizens vigorously dialing the telephone or striding purposefully mobile theft is a crime which breeds into the nearest law enforcement crime. In instance after instance, a agency. More than 900,000 shocked key carelessly left in the ignition and angry Americans did exactly that opens the door to a criminal career for in 1970. In each case their purpose an enormous number of immature was identical. Each wished to report youths. It may begin as a lark, a dare the theft of a motor vehicle. or a joyride. It may end, unfortu• In 1970 alone, 921,400 motor vehi• nately, as the first notation on a cles were reported stolen in the United lengthy record of increasingly serious States. The furious and frustrated criminal activity. owners who reported such thefts were, I know of no statistics currently nevertheless, fortunate. Others-some maintained on hitchhike murders. I who sought to render service by pick• am convinced, however, that the in• ing up hitchhikers-did not live to cidence of such crimes is increasing. report the theft of the vehicles. That This conviction stems from observa• duty was left to fear-filled families tion of cases which cross my desk in By anxiously placing on record the fact connection with the interstate trans• that a son, husband, brother or-in J. EDGAR HOOVER portation of stolen motor vehicles. It some instances-a female relative was Director, is through FBI jurisdiction in such Federal Bureau of Investigation missing. cases that the monotonously similar Leads to Other Crimes outline for death is brought to our attention. As often as it occurs, car theft com• Good judgment yields to the good t@ 1972 by the Allstate Insurance Co. This article was prepared (or and appeared in Analogy, New bined with murder remains a minute Samaritan instinct. The driver halts Approaches to Learning No. 12, publilhed on behal£ portion of the overall problem of auto for a hitchhiker. The driver's articles of the company" safety division. It ia reprinted for Bulletin readers with the permission of Allstate theft. A crime of opportunity, auto- of convenience-his car, his cash, his Insurance Co.

April 1972 5 credit cards­become articles of envy credit card and began their cross• from the young age group of our j and, in instance after instance, pass• country tour in the dead man's population. ports to death. Witness the following: automobile. In Uniform Crime Reporting, auto In February 1971, a 26.year·old The murder, noted a local news• theft is defined as the unlawful steal• resident of New Jersey left home at paper, "... was similar to last Au• ing or driving away of a motor ve• the wheel of his new automobile en gust's savage slaying of a sailor, shot hicle, including attempts. The statis- JjI route to Florida for a vacation. His and stabbed by three traveling com• tics for 1970 reveal that 56 percent family received a card from him, post· panions on a drug-crazed journey of all persons arrested for this crime ' marked in Virginia. Nothing more through Central Florida." In this in• were under 18 years of age. When per• was heard from him. He did not ar• stance, too, obtaining an auto appar• sons under 21 are included in the rive at his destination. Days later, an ently was a major motivating factor computations, the proportion of ar• abandoned car, located by the Cali• for murder. rests rises to 75 percent. ... fornia Highway Patrol, proved to be In a more recent case, local officers that of the missing man. Its erratic in a ew England State arrested a Always the Loser cross-country trail could be traced man for several violations including through the forged use of the missing operating a vehicle without a license. Think of it! Seventy-five percent of man's credit cards. A check indicated the vehicle was reg• the persons responsible for the theft istered to a man who had been missing of 921,400 motor vehicles in 1970 .. Motivating Factor from his home in one of the Southern were under 21 years of age. States for a long period of time. On Many of these thefts will constitute • The owner of the vehicle had halted the basis of an admission made by the a teenager's first major criminal act. late at night during a pouring rain at driver and directions furnished by Whatever the motivation in his a service station in Virginia. Three him, a skeleton was located in a rural mind-a lark, a "harmless" joyride, young hitchhikers, two men and a area of another Southern State in Au• acceptance of a dare, even an attempt ~ girl, asked for a ride to Florida. The gust 1971. Dental charts proved the to gain status with older or tougher request was granted, with the naive body to be that of the missing man. associates-the juvenile knows that driver inviting into his automobile a Every variety of criminal-includ• what he is doing is illegal. He knows young man with an alleged bad• ing prison escapees, sex offenders, de• he may be caught. conduct discharge in connection with serters, narcotic addicts, the mentally Under such circumstances, the narcotics and one who was' currently ill and the totally amoral-mixes and chances that he will' become excited, absent without leave from a branch of mingles with an army of naive young unpredictable or even irrational are the armed services. The hitchhikers people along the streets and at the great. In the hands of a youth under got their ride to Florida. The driver roadsides of the Nation. such stress, several thousand pounds got death. of metal become a fearful and often According to the confession of one "Thou Shalt Not Steal" lethal weapon-a real danger to the man, his hitchhiking companion in lives of other motorists and pedes• the rear of the automobile reached Another factor in auto theft may trians. across the front seat with a braided be the fact that we live in a permissive And the outcome of that first major headband and strangled his benefac• age. Great numbers of our youth are crime? tor at the wheel into a state of help• unaware of the Decalogue-that great The perpetrator is always the loser. lessness. The car swerved off the road imperative of self-discipline and self• If he is caught, it means punishment, and came to a halt in a swampy area. rule. When "Thou shalt not steal" is however lenient, and an ineradicabl~ Then the owner of the vehicle report• impressed only weakly-or not at criminal record. If he is not caught, edly-was brutally kicked, and his head all-upon the conscience of the young, the ease with which he succeeded in forcibly held beneath the surface until the temptation presented by an un• stealing the first automobile tempts he drowned. The body was concealed locked door and the key left in the him, and he may try again and again, under brush a few yards from the ignition of a gleaming, chrome• becoming more brazen with each mired vehicle. trimmed "set of wheels" is enormous success. After the vehicle was towed from and incalculable. It is no exaggera• By just such a process the gradu• the area, the hitchhike killers brazenly tion to say that here we are entering ate from the kindergarten of auto• reclaimed it in the dead man's name, the kindergarten of crime, for persons mobile theft is tempted to matriculate paid for the tow with their victim's arrested for auto theft come primarily in the field of even more serious crime.

6 FBI law Enforcement Bulletin Indeed, the ignition­key­to­crime route ment. These latter costs, incurred in States and Canada to enter auto theft is rapidly becoming well traveled_ handling complaints, investigating record information almost instantane• ~ This is only one of the reasons that charges and processing recovered ve• ously and to clear the record promptly prevention of auto theft is so vital. hicles, are massive. When all aspects when the vehicle is recovered. As of We in the FBI have sought to pro• are considered, the ignition-key-to• September 1, 1971, there were 3,024,• mote preventative efforts in every way crime problem undoubtedly costs the 455 active records in the NCIC. Of possible, including the circulation of American people more than a billion these, 704,070 were records on vehi• suggested rules reminding the citizen dollars a year. cles and 222,180 were on license • to avoid the carelessness which aids In 1960, automobiles were stolen plates. tpe car thief. Some simple but impor• at the rate of one every 2 minutes. f High Risk of Detection I tant reminders are listed below: Today an automobile is stolen every 34 seconds. A high proportion of these Don't leave your keys in the The acceptance and widespread use thefts are for purposes of transporta• ignition. of the NCIC by all branches of law r~ tion. Some vehicles are taken for use Don't leave your car doors un• enforcement create an immensely high during the commission of crimes such locked or windows open. risk of detection for the auto thief. as bank robbery. Others are stolen Don't leave packages, clothing, The system virtually eliminates time and stripped for parts. Still others are or articles inside car where they and distance, both of which once taken for resale. are visible. spelled safety to the criminal. Professional car theft rings unques• Don't leave car unattended on It is not always possible, of course, tionably account for thousands of ve• an expressway. to enter the record of an auto theft hicles stolen for resale. During 1970, Don't be careless just because in the NCIC immediately after the the FBI investigated more than 100 your car is fully insured. Thefts theft occurs. Delay in discovery of major rings whose activities followed r· increase insurance costs, and the theft or lack of factual informa• the same basic pattern: theft of a car thieves use stolen cars to commit tion may account for some passage of from one victim, alteration of iden• more serious crimes. time between the actual theft and the tifying characteristics and resale to Do keep a record on your per• entry of pertinent data in the NCIC. another victim. son of your license number and But sometimes only minutes sepa• rate an entry on a stolen car from an vehicle identification number. NCIC Do notify police immediately inquiry on the same vehicle. For ex• if you believe your car has been In terms of volume, auto theft in• ample, the Galesburg, Ill., Police De• stolen. - creased 6 percent in 1970 over the partment entered a stolen car record in the NCIC at 12:11 p.m. on April 4, Do report to police any sus• prior year. In the decade from 1960 picions or information you have through 1970, the overall increase 1971. Three minutes later an inquiry concerning car thieves. was 183 percent. on that vehicle was entered by the Do your duty as a citizen. Help What hope is there that the ignition• Kansas Highway Patrol at Salina, teach young people that j oyrid• key-to-crime syndrome may be cur• Kans. Readers may note the high risk of ing in a stolen car is a serious tailed rather than expanded during the crime. next decade? detection confroriting the auto thief in statistics for the month of August Do be car-theft conscious. Optimism is born out of several 1971. During that period, 84 percent Avoid mental lapses and habits areas of activity. Among these: Edu• that make it easier for car thieves cation in ownership responsibility, of the daily average of 73,453 NCIC transactions involved either vehicle or to strike. more effective youth programs, more wanted persons files. realistic sentences for auto thieves, Usually a nocturnal crime, automo• Despite the terrible record of auto particularly auto theft ring members bile theft is also, to a large extent, an theft being compiled daily, there is urban crime. Its enormous cost, nev• and, of vital importance, advances in room for optimism. With the full co• ertheless, is borne by citizens through• law enforcement. operation of an alert public and effec• out the Nation. The National Crime Information tive use of weapons such as the NCIC, In addition to the actual value of a Center (NCIC) is foremost in this last law enforcement can reverse the cur• stolen vehicle, one must consider both category. This computerized lawen• rent trend and, to some degree at increased insurance costs and those forcement system enables law enforce• least, switch off the ignition key to which are levied on law enforce- ment agencies throughout the United crime. ~

April 1972 7 SWAT- The Los Angeles Police Special Weapons and Tactics Teams ·

n early 1968 the Los Angeles Police ,. I Department formed a 60­man unit comprised of 15 four­man Special Weapons and Tactics (SWAT) teams. The development of SWAT units was the result of department recognition that without special weapons or train­ • ing, police response to incidents of

By G. N. BECK* Police Department, Los Angeles, Calif.

• With 22 years' experience wi th the LOI Angelel Police Department, Mr. Beck is the commanding officer of that Department" Tactical Operations Group. He holds 8 bachelor's degree and a master', degree in public administration, received at the University of Southern California.

8 FBI Law Enforcement Bulletin sniper fire or barricaded suspects is- a scout, and a rear guard. Each mem- routes of approach and withdrawal. almost universally unsatisfactory. The ber of the team is trained to perform He also provides close­range defense task of stopping attacks from such all of the other team assigrunents. and security for the team. ... sources can best be accomplished with The marksman is armed with a The rear guard is equipped with a a small group of highly disciplined scoped rifle and has the primary re- 12­gauge semiautomatic shotgun and officers using special weapons and sponsibility for antisniper control. His other equipment, such as rappelling r tactics designed to neutralize the op- job includes providing long­range and and scaling paraphernalia, needed for o posing firepower source with a judi- intermediate­range defense for the the team's mission_ He is responsible cious application of deadly force in team and accurate base support fire at for providing close­range assault fire- • a manner that presents minimal haz- all ranges. power against a barricaded suspect or ards to the lives of residents, passers- The observer is equipped with an a fortified position_ The rear guard by, and police officers in the area. AR­15 or Armalite 180 rifle, binoc- also provides close­range defense for ulars, a walkie­talkie, and appropriate the team. Team Members maps. He functions as the spotter for the marksman. In addition, he is the Necessary Requirements SWAT teams now provide a pool of radio man for the team and is respon- highly trained personnel to handle sible for providing close­ and inter- In addition to the special equipment those instances where marksmanship mediate­range defense. carried by each team member, all r or other skills required to cope with The scout is armed with an AR­15 SWAT personnel carry flashlights, ~ guerrilla tactics are particularly cru- or Armalite 180 rifle_ He also carries canteens, gas masks, gas canisters, • cial. Specifically , SWAT teams are de- special tools, such as a manhole hook strobe signal lights, and sidearms in ployed to protect policemen from for entering sewers or a pry bar, shoulder holsters. For training and sniper attack when officers are en- needed to gain access to the team's most assignments, members wear dark r; gaged in controlling a riotous crowd objective. His assignment is to lead blue two­piece utility uniforms. or other situations where the threat the team to its objective by scouting A large step­van truck assigned to of sniper activity exists. SWAT teams _ also provide high­ground and perim- eter security for visiting dignitaries, perform rescue missions when officers or citizens are pinned down by sniper fire, rescue hostages, and deploy at incidents where armed suspects have barricaded themselves. Officers of the SWAT unit are regu- larly assigned members of the depart- ment. On a day­to­day basis they per- form as patrolmen, detectives, or in other police assignments. The unit is activated only for monthly training or when the need for SWAT personnel actually arises. Because the officers of anyone of the 15 teams may be acti- vated at any time, each man keeps his SWAT equipment readily acces- sible in his automobile. Composed of four members, each SWAT team is a permanent self- sufficient entity that trains together and responds as a unit when a mission is identified and a request is made for

one or more SWAT teams. Each team Each SWAT team consists of four specially trained officers who serve as marksman, observer, consists of a marksman, an observer, scout, and rear guard.

April 1972 9 the unit contains equipment and sup• selected on the basis of special skills helicopter operations, unusual occur· plies for logistical support of the useful in the unit. Most of the mem• rence control planning, and the 200• SWAT teams. Extra ammunition and bers have had specialized military man metropolitan division, which is weapons, tear gas and gas-projectile training in addition to their police de• the department's reserve force de• guns, forced-entry equipment such as partment training. ployed in high-frequency crime areas, battering rams and pry bars, protec• strikes, and riots. The operations sec• tive armor, civilian C rations, binoc• Flexibility tion of the metropolitan division ulars, loudspeakers, and medical sup• administers the SWAT unit. It is this plies are stocked in the van_ The truck The basic four-man teams provide section that activates the unit when • also contains the necessary tools for the unit with a great measure of flexi• the need arises and plans the training performing minor repairs on the unit's bility. A team is small enough to for SWAT personnel. weapons and other equipment. achieve effective infiltration when SWAT personnel have received over The truck has red lights and siren necessary, but large enough to ac• 1,000 hours of training in a variety of and is large enough to transport two complish most missions. The balanced subjects. The history of guerrilla war• fully equipped teams. Designed to firepower possessed by each team fare, scouting and patrolling, night ,. function as a SWAT command post, enables it to defend itself when under operations, camouflage and conceal• it has appropriate telephone and radio attack. When a single team is not ment, combat in built-up areas, am• equipment. Used for directing SWAT large enough to accomplish a given bushes, rappelling, first aid, and field operations, it can be tied in with objective, teams can be combined to chemical agents are some of the sub· the department's mobile field com· form squads or platoons. jects and activities covered in this mand post fleet when a post is Within the department organiza. training. In addition, all personnel are • activated. tion, the SWAT unit forms a part of required to regularly qualify with the Each member of the SWAT unit has the tactical operations group. This special weapons employed by the unit. volunteered for the assignment and is group is composed of the department's (Continued on page 30) ,

SWAT uniform and equipment are stored in each officer's vehicle to enable him to quickly respond to an emergency. The Special Operations Group

Chicago's answer to unusual demands for police service.

The Special Operations Group, "Saturation patrol has proved to be one of originally known as the Task Force, of the Chicago Police Department is the most effective methods of crime prevention. a select unit operating within the However, because of the cost in manpower, it is patrol division for the purpose of com· normally not used except in those departments us• bating specific street crime problems. ing the Special Operations Group concept. It must When the Task Force was created be remembered that to successfully reduce crime, in 1956, it had two platoons with ap· law enforcement must make the criminal element proximately 40 officers. Each officer was assigned to a radio.equipped aware of the probability ofapprehension. " three·wheel motorcycle. The objective of the unit was saturation patrol of certain geographic sections of the city to reduce crime. In 1961 the Task Force was en· larged and divided into four tactical By units assigned to different areas of the city. CAPT. WILLIAM R. MOONEY· Each area was commanded by a Police Department, lieutenant, and the patrolmen were Chicago, III. assigned to a souad directed by a ser• geant, with the sergeant and patrol• men having the same days off. The Task Force's method of mobility was changed, with the officers assigned two men to a squad car. Rather than work• ing in one specific area of the city, they were deployed into four. Because of their mobility, however, they could ·Captain Mooney, formerly commander of the be assembled into one striking force Special Operations Group, i. now director of the Intelligence Division of the Chicaco Police Department. if the need arose. In this manner,

April 1972 11 their suppressive purpose was felt and pected burglar may be hiding. In addi• The Special Operations Group is the unit still had complete mobility tion, some of these dogs have been commanded by a deputy chief of the and availability, as well as true unity trained to seek out and recognize the patrol division located in the office of of command. odor of marihuana. Others are used Special Operations Group. Assign. Today the organizational structure to track escaped criminals, to find lost ments, anticrime or of a service na• of the Task Force, or Special Opera· children, or to assist in cases in which ture, for any unit of the Special tions Group as it is now known, is some article of clothing has been left Operations Group originate from this flexible and permits changes to meet behind and from which a scent may section. To properly control the tacti• the needs of the department. The four be obtained. cal sections and keep them operating " tactical groups are charged with the The helicopter unit is composed of in those areas of the city having a responsibility of crime suppression. In two helicopters piloted by sergeants of serious crime problem, I formulate addition, there is a special operating police. They fly on two watches, that specific directives for the establish· 1 section which includes the following is, on a 16-hour-a-day basis. In addi• ment of a particular action to over• units: transit authority police, a detail tion, they are available on call during come the problem. One of these spe• I unit, a canine unit, a helicopter unit, nonduty hours. The helicopters are cial directives is known as a task force 4• and a marine unit. particularly effective as observation mission. posts for command personnel during In order for the operations section Unit Functions public marches or demonstrations. to formulate a task force mission, ~ In large railroad yards and truck• three requirements must be met: First, The purpose of the transit authority ing terminals, overflights by helicop• there must be a particular criminal police unit is to suppress crimes that ters help to keep thievery down. The problem within a given geographical , might occur on the public mass trans· helicopter usage is primarily patrol. area. Second, this particular problem portation system. The use of uni· The crafts are also used to track must be linked to a particular individ• formed police officers at subway and wanted cars and persons until an ap• ual or groups of individuals. Third, elevated line stations acts as a crime prehension by ground units can be the time element in which this group deterrent. The use of plainclothes of· effected. They also have been used in of individuals is operating must be ficers on subway trains enables the emergency medical cases. identified. department to apprehend individuals Chicago has approximately 35 miles who are involved in the commission of of lake frontage, as well as two rivers, Methods to Combat Crime crimes. the Chicago and the Calumet. Chicago The detail section has been formed If these three elements are present, is the Nation's greatest inland sea• for the purpose of providing man· a Special Operations Group mission is port, with many ships of foreign reg• power for special details without draw• formulated. This mission will set forth istry using it as a port of call. Their ing upon the districts and thereby the geographical area in which Spe• cargo must be properly safeguarded. weakening the basic beat structure. cial Operations Group personnel will In order to protect ships, warehouses, Detail unit personnel are used at operate and the time of operations as and pleasure boats which are moored places of public amusement, such as well as general descriptions of those in harbors along the lake front, the hockey, baseball, and football games, people responsible for the crime prob• Special Operations Group maintains a exhibitions, and various types of lem. In addition, the mission will set water patrol or marine unit. This pa• !Shows. The police responsibility at all forth the number of persons to be as• trol is constantly on the alert for those signed to this particular problem as these events is outside crowd and traf· individuals who would enter boats for well as the type of clothing they will fic control. The only time members of the purpose of stealing or damaging If the mission i to deter crime, this detail go into a place of public them. In addition, thi unit icon• wear. amusement is upon a specific request stantly available, under the direction there would be a uniformed patrol. for police services. of the department's communications However, if it is for the express pur• Since 1962, the Special Operations center, to perform any lifesaving or pose of discovery and apprehension, Group has had a canine unit. This rescue operation in the surrounding citizen dress would be ordered. unit has approximately 48 dogs, all of waters. Enforcement of water regula• When a review of crime statistics which perform a street patrol func• tions and the control of boating as by the operations section shows that tion. These dogs have been specifically set forth by State statutes and city there is a particular area or district trained and are most effective in ordinances are also the unit's with a high number of street crimes, searches of buildings where a sus• responsibility . such as robberies on the street, truck·

12 FBI Law Enforcement Bulletin driver robberies, business robberies, an interest in him. If and when an burglaries, rapes, or street muggings, attack occurs, he is immediately able and that these crimes cannot be con- to communicate this to the other offi- nected to any particular individual or cers. They then can close in on the groups of individuals, the section will scene for the apprehension. At the assign an operational procedure to the same time the cover car moves in and tactical group which will cover the the person or persons apprehended area of the crime problem. This direc- can be immediately transported from ~ tive will require the tactical unit to the scene of the arrest to the district concentrate its suppressive efforts station. within the confines of the identified In high crime areas Special Op- area of high crime. Different methods erations Group personnel are con- may be used to suppress generalized centrated within a given area, and a crime of this nature. The methods to large number of police officers patrol- ~ be used are normally set forth in the ling in marked vehicles are visible. high crime directive. This patrol gives citizens the impres- The Special Operations Group, as a sion of omnipresence of police. The part of the patrol division, answers di· Supt. James B. Conlisk, Jr. increased presence of police patrol rectly to the chief of this division and lessens the opportunity for a would­be beries, police officers are assigned to performs a uniform function. In most offender to commit a criminal act. In act as decoys. This particular decoy .. Special Operations Group missions, the event he does commit a crime, he operation is known as the tactical un- dress appropriate to the particular will more than likely be arrested. dercover function. The procedure is to occasion is ordered. For instance, if place on the street a decoy police of- ~ Contact With the Public there is a series of robberies of cab ficer who feigns drunkenness in antic- or truck drivers, a member of the unit ipation that he will become the victim Saturation patrol has proved to be would be assigned in citizen dress. of a robbery. In this operation, the op· one of the most effective methods of This dress would be the general ap· portunity is presented for a criminal crime prevention. However, because parel that the victims of these crimes to attack and rob someone. At the of the cost in manpower, it is nor- normally wear. If there is a rape pat- same time, the crime scene is con- mally not used except in those depart- tern, it would not be unusual to use trolled by the use of discreet under· ments using the Special Operations policewomen as decoys and provide cover police officers. By this means Group concept. It must be remem- coverage with officers in citizen dress, apprehension is almost guaranteed. bered that to successfully reduce the dress of the inhabitants of the area crime, law enforcement must make the of operation. Likewise, vehicular Working Undercover criminal element aware of the prob- coverage would be maintained in an ability of apprehension. unmarked squad car or in the type of The tactical undercover function is The likelihood of quick criminal vehicle used by the victim of this type carried out by the use of a decoy and apprehension is enhanced if police of crime. four to six cover police officers, as well units actively engage in street stops. It is of paramount importance, if as an officer with an unmarked squad By street stopping or stoppage of ve- we are to successfully combat crimes car for transportation purposes. For which take place on the streets, that this operation communication is of the hicles, the Special Operations Group we place the undercover officer under utmost importance for security of the is able to seize those responsible for conditions that will not create suspi- decoy or "pigeon." Consequently, robberies, burglaries, and other types cion in the mind of a would­be of- when the operation is put into effect, of crimes. This technique has been fender that a police officer is present. all personnel involved must have our most effective. It is unlikely At the same time, the Special Opera- walkie­talkie radios concealed on their that the average police officer will tions Group seeks to cause possible person. These radios are used to main- actually witness a robbery or burglary offenders to fear that the next tain contact between members of the take place in his presence. Conse- would­be victim might, indeed, be a team. By this method, the "pigeon" quently, the stopping of vehicles in police officer. is informed by the other team memo suspect areas and the searching of the Often in areas where we have a bers of the possibility of attack when same, consistent with existing legal number of muggings or street rob­ someone is trailing him and showing procedures, often discloses not only

13 a wanted person, but also firearms, often makes possible the apprehen• As indicated, Special Operations proceeds from burglaries, other fruits sion of those responsible for the crime. Group tactical units operate on two of a crime, and narcotics. It is important that officers in units watches, from 10 a.m. to 6 p.m., and ~ In street stops, as well as in all responding to a crime scene observe from 6 p.m. to 2 a.m. During these contact with the public, proper legal persons and vehicles leaving the gen• two periods of time, approximately conduct and courtesy are essential. eral area. This permits them to stop 50 Special Operations Group 2-man • The officer must always keep in mind those people acting in a suspicious cars af{ in service. This means that, that if he finds a weapon, proceeds of manner and possibly apprehend those when ne~ded, there are approximately a burglary, or other contraband, he responsible for the crime. 100 police officers available to respond ... must be on sound legal ground for This response by Special Opera• to a specific Special Operations Group this evidence to be admitted into court tions Group units not only provides problem. These units can be and have proceedings. At the same time the the additional strength and backup to been used at large fires, natural disas- ~ officer must realize that in some of his the district beat car or cars, but also, ters, etc. street stops he will be dealing with an by saturation method of patrol, pre• One of the most important uses of average citizen. By the officer's con· vents the spread of a criminal activity. this personnel, however, is their ~ duct, he will influence that person's availability for crowd control situa• opinion of the police. Therefore, a rule Availability tions. When Special Operations Group that the officer must follow is, be cars are on the street, the officers must ~ courteous but be careful. If the officer Another use for tactical Special Op• carry their helmets. The Special Op• will conduct himself within this rule, erations Group cars is in a search for erations Group tactical officers are and in a professional manner, his lost children. Before Special Opera• trained each spring for riot control .. safety will be assured, and the citizen tions Group units are assigned, one of functions. They are trained in the use will generally accept this type of police the requirements is that the youth of shotguns, rifles, and carbines as action as necessary. division officers make an investigation well as gas-launching equipment. Saturation uniform patrol, under· to ascertain that the child is lost. When a crowd control situation de• cover functions, stakeouts, and under• When this matter is resolved, and the velops, whether it be at a school, a cover vehicles are some of the methods child is in fact lost or has disappeared public assemblage, or on a march or ~ used by the Special Operations Group from his immediate environment, demonstration, Special Operations tactical units to suppress crime. This Special Operations Group units may Group units may be ordered to a mo• suppression of crime is the primary be requested by district command per• torized patrol within the area in ques• responsibility of the tactical groups. sonnel to carry out a specific search tion. In the event actual disturbances In order to keep them properly in• mission. Before Special Operations take place, they may be ordered on formed of the development of crime Group personnel are committed to a foot and formed into a police com• within their areas and the possible search for a lost child, a specific area pany. When they are formed into ~ development of a crime pattern, we of search must be assigned. By doing police units or companies, an assem• send radio directives. In a city the size this, the Special Operations Group is bly area must be designated for park• of Chicago the police department uses able to control the use of manpower ing police vehicles. The assemblage of a number of radio frequencies to con• and the officers know what mission police vehicles creates a security prob• trol the district beat cars. Conse• they are to accomplish. This permits lem which is solved by directing the quently, all emergency calls, such as: us the assurance that manpower is canine units to maintain a dog-foot I "A policeman needs helps," robberies being used to its utmost potential and patrol in the parking area. A helicop• in progress, burglaries in progress, fulfilling a specific purpose. ter unit is ordered into the area to etc., must be simulcast or put on the The assignment of large numbers provide aerial observation. This unit air as an all-call flash if the Special of police officers to a Special Opera• has direct communication with Operations Group, as well as the crim• tions Group may not be justified solely ground command which observes and inal investigators and traffic cars, are because they will be available for the then advises the location of potential to be alerted to a crime which may suppression of crime. Though this is proLlems caused by the crowds. With be taking place in their immediate one of the Special Operations Group's this information, police command is proximity. When a simulcast call is primary purposes, the real value is the able to properly direct the movements broadcast, it results in the response availability of police personnel to of police patrols to overcome the of those units other than the beat cars command officers without affecting problem. assigned. This aturation of the area the district beat structures. (Continued on page 32)

14 FBI Law Enforce men t Bulletin II • DANGEROUS . WEAPONS rREVEALED IN SHAKEDOWN

During a shakedown in a county A dagger made from a metal cereal bowl and cloth bookbinding. jail in an eastern State recently, two homemade weapons were recovered from two inmates. The prisoners reo portedly planned to use the items to facilitate an escape. One of the weapons was a dagger Pick.type weapon fashioned from Q felt.tip pen, paper clip, and adhesive tape. which had been made from a metal cereal bowl. The blade had been torn from the bowl, and the cloth for the handle had been taken from a book• binding. The other weapon was a pick.type instrument. The handle portion had been fashioned from a felt·tip pen, and the point or pick from a paper clip. Adhesive tape held the point and handle together. One of the inmates ~ - --- had obtained the tape while being treated at a local hospital for slashing his wrists. Bandages had been placed on his arm with the tape. Also, he had acquired the paper clip at the treat• ment room of the hospital. The pen was an item permitted to be used by the inmates instead of regular ball• point pens. The proiect includes a signalized railroad crossing. and several hundred feet of roadway are designed to teach children from rural areas pedestrian safety on highways. By WILLIAM BREY Chief of Police, "Friendly Town" Danville, III.

uring the fall of 1969 the was evident that our programs were D members of the Danville Police reaching into the elementary school Department, after reviewing accident too late to prevent many of the trag• statistics for a number of years, de• edies which were occurring on the termined that the normal accident streets in our community. To effec• prevention programs used within the tively combat this problem, we would city were not reaching the persons who obviously have to take a fresh ap· were increasingly becoming involved proach to educate our preschool and in motor vehicle collisions. elementary school children in the basic The pedestrian accident rate involv• principles of traffic safety. ing children aged 4 through 9 was in• Members of the police department creasing at an alarming rate, and it staff and interested city officials, after

16 FBI Law Enforcement Bulletin Fully operative traffic signals and marked crosswalks give the child experience in realistic traffic situa tions which could not be safely duplicated for teaching purposes on a busy city street. reviewing programs which had been proximately 1112 acres in a city public needed if the program was to become conducted in other cities the size of park at the disposal of the police de• operational within the near future. Danville, decided that the best ap• partment for construction of the proj• The coordinator and members of proach to the problem would be an ect. Since the time involved in the the police department staff presented offstreet facility. There police officers program would be extensive, the a program on the planned construc• and other persons interested in traffic Vermilion County Civil Defense Di• tion of the project to the county safety could instruct young people in rector, Mr. Earl Winland, volunteered board of supervisors and members of a controlled situation having all the his services as project coordinator the city council and obtained approval elements necessary to create an ef• and was appointed as such by the City to submit a request for funds through fective learning process. Offstreet Council of Danville. Initial planning the State to the National Highway projects had been constructed in other began in 1970, and the rough sketches Safety Bureau. cities throughout the country, but, and draft of the street complex in the The project application was sub• since each community has its own pe• program were given to a local archi• mitted and approved by Federal and culiar traffic problems, we decided that tect who volunteered his time to de• State authorities, and $32,000 was our program would be designed for velop the initial plan into a final draft. allotted in Federal matching funds for the particular problem in Danville. At this time it became apparent from the construction of the project. Members of the city council and contacts with various groups in the In the meantime, to stimulate pub• the mayor pledged their support to the community that some support other lic support, members of the police program and, in addition, placed ap- than public contributions would be department and other interested per•

April 1972 17 sons appeared at every possible public installed a closed-circuit telephone give each child instruction in both gathering and civic club to explain system for use in instruction on re• vehicular and pedestrian safety. At the the concept of traffic safety education porting an emergency. A valuable completion of the field instruction, the for elementary school children. A teaching aid, this system permits stu• children return to the classroom for a scale model of the project was con• dents and instructors to simulate short critique and review of what they structed by an interested citizen to emergency situations. have learned in the field and also a help illustrate the program. Setting an age limit was an obvious brief review of the classroom instruc• The name Friendly Town was ap• necessity, for accepting the thousands tion. Classes are conducted from ap• plied to the project at this time to of students throughout the county who proximately April 1 through the ... express the idea that it is designed might want to attend would be impos• middle of November, depending not only to stimulate awareness of sible. Therefore, the age group of 4 largely on weather conditions. During traffic safety, but also to make young through 9 years was selected by ex• the summer months, a 4-day, 8-hour people realize that the policemen in• perienced persons in the school sys• session is conducted, with children volved in the project are their friends tem who felt that this is the group attending either 2 hours in the morn• and persons to be respected in the exposed to the most hazards in traffic ing or 2 hours in the afternoon. It is, ~ community. safety and with the least knowledge of of course, the belief of the department the subject. that the 8-hour session is far superior Classroom and Field Study After the students have completed to the short field trip instruction of 2 their classroom instruction of approxi• hours given during the school year. In spring 1970 the project received mately 1 hour, they move into the field However, an expansion of time for final approval from Federal authori• operation, where each group of stu• safety instruction is difficult because ties, and construction of the street dents is closely supervised by a trained the schools have their time planned, complex and sidewalks was begun in police officer. Fully operative signals to a large degree, for other academic March 1970. After many delays and and marked crosswalks give the chil• programs during the school year. problems, construction of the first dren experience in realistic traffic building, a full-size classroom, was situations, and while one half of the Facilities completed in September 1970. The class is being instructed in pedestrian first class, grade school students from safety, the other half is instructed in The project, as it was finally con• an elementary school in Danville, motor vehicle safety. Eleven small elec• structed, encompasses approximately began on October 19. tric vehicles used in the training were 64,000 square feet and has 1,800 feet To teach the program, we assigned contributed by interested businessmen of paved roadway as well as 1,200 an officer from the department to su• or citizens in the community. Officers feet of sidewalk and curb. The remain• pervise activities of Friendly Town on explain to the drivers the meaning of ing 600 feet of roadway has no side• a full-time basis. Other officers are traffic control signs and road markings walk or curb and is used to instruct assigned on a part-time basis. The and the importance of obeying all children from rural areas the safe way local school system contributed class• these regulations. Particular emphasis to walk along a highway, which they room equipment, including desks, is placed on seatbelts, and each child often do in going to and from school. chairs, and audiovisual aids. The is required to use his seatbelt when in The traffic signs used throughout the classroom is fully equipped for that a Friendly Town vehicle. project are all full size and conform phase of the instruction. The instructors also emphasize that to the State traffic code. The two sig• Both the county and city school the same laws apply to both the driver nalized intersections have full-size systems cooperated in the develop• of a motor vehicle and the rider of a traffic lights contributed by the city ment of the lesson plans for the bicycle. In this way we correlate the of Danville. These lights are fully project, and every class that visits it child's thinking so he understands operative and controlled by automatic during the school year is accompanied that, with the exception of the driver's timing devices. In addition, an operat• by its teacher. The students begin license law, all motor vehicle operators ing railroad crossing with flashing red their instruction in the air-conditioned and bicycle riders are subject to the signals and bell was installed to, again, facility, and the emphasis during the same regulations and have the same teach pedestrians as well as drivers classroom instruction is on identifi• problems traveling through traffic on their obligation at a railroad crossing. cation of traffic safety signs, use of city streets or on rural highways. The project presently has, in addi• crosswalks, and obedience to traffic During the field instruction, the tion to the full-size classroom, six other signals. The local telephone company drivers and pedestrians are rotated to buildings which were constructed by

18 FBI Law Enforcement Bulletin Friendly Town students, elementary school children in Vermilion County, learn pedestrian and vehicle safety under the close supervision of Danville police officers who have volunteered their off­duty time to teach in the project. As of fall 1971, approximately 2,500 children had attended the training.

April 1972 19 interested organizations, including the building is the fact that it was con• gave so much of their valuable time Danville Police and Fire Departments, structed almost entirely with funds to make the project a reality, and it the Vermilion County Civil Defense from only two persons. The mayor of is difficult to enumerate the many as• Agency, and private businessmen who Danville and his wife, Mr. and Mrs. pects of the program which we believe contributed their time, effort, and Rolland Craig, dedicated this chapel have made Friendly Town a success in funds to make Friendly Town a com• to the memory of their parents and our city. However, the most gratifying plete city. The buildings are generally financed the construction so that our part of the program has been the out· used as storage facilities for either the Friendly Town would be complete in standing assistance received from Fed• vehicles or other equipment necessary all respects, including a religious eral, State, county, and local officials for the maintenance of the project; an structure. in the development of the program exception is the police department and the time and funds contributed building, which is being developed Additional Facilities by the many businessmen and private into a museum and display on police citizens to make it successful. activities and general information re• We do not anticipate at this time In addition, many of our officers garding the Danville Police Depart• that additional buildings will be con• within the department have contrib· ment. The last building constructed in structed on the project site because our uted literally hundreds of hours to the project was completed during June instructors must have adequate space assist in the instruction in the pro• 1971 and is unusual in two respects. to supervise the young people taking gram and to provide the necessary First, it is a nondenominational field instruction. AIl buildings have maintenance to keep the vehicles and chapel, and although it is only ap• been placed in such a way that vision buildings in operable condition. proximately 12 by 16 feet in size, it is not obstructed. actually seats approximately 18 adults In reviewing the program as we Public Relations and is furnished in the interior as have outlined it in this article, it is, any other church or chapel would be. of course, impossible to give credit to Although Friendly Town was con• The second unusual aspect of this the literally hundreds of people who ceived basically as a pedestrian and safety education center, it has become Using a "closed-circuit system," all students learn how to use a telephone to report an emergency. one of the most effective police• community relations devices that I have seen in my career as a police offi· cer. The young children who attend the program in their formative years are exposed to police officers who are en• gaged in the most positive type of ap• proach-that of helping and assisting young people to be better citizens and, we hope, ultimately safe pedestrians as well as safe drivers. These young children who will someday be the leaders of our com• munity are certainly exposed to a dif• ferent view of the police officer in the city of Danville. The program is, of course, dedicated to these young children and hopefully is helping them to solve some of the problems that they have in traffic and in other areas of safety. In a plaque which has been placed on the front of our classroom building, a simple quotation from the Bible expresses our hope for the fu• ture: "And a little child shall lead them." Isaiah 11: 6. ijl

20 FBI Law Enforcement Bulletin been, in our jurisprudence, exclu• The sively a military offense punishable by court-martial only, with no counter• Legal part in the ordinary law of crimes.2 Indeed, it was not until Congress enacted legislation in the wake of this famous decision that the power to ar• rest deserters was first conferred upon civil officers. 3 The limited purpose of this article is to answer the foregoing Digest question by tracing the movements of the law in this important police action area.

II. Short Account of Desertion in Legal History

The opinion of the Supreme Court in the Kurtz case and the resultant statutory grant of arrest power cannot ~ Civil Authority be properly understood without ini• tially giving a short account of the de• velopment of the offense of desertion t in England inasmuch as the military To Arrest Military Deserters law of the latter country constituted the original framework upon which our own was built.4 The military law By is a branch of jurisprudence as an• INSP. CHARLES A. DONELAN cient as the origin of armies. It is con• Federal Bureau of Investigation, cerned with the organization and gov• Washington, D.C. ernment of the military services and the administration of justice therein. It is designed to promote order, dis• cipline, and efficiency in the armed PART I forces whose primary function is to fight wars, or to be ready to fight them when the occasion arises. I. Introduction tion of not returning,1 from arrests In early England the law govern• made in the usual case. For example, ing the royal armies was embodied in no familiar formal warrant of arrest articles of war decreed by the king In classroom discussions on the law exists at the time of a deserter-appre• before his forces moved to battle or of arrest, the following question is fre• hension, and after arrest no duty to during the course of hostilities. For quently asked by law enforcement offi• bring the alleged deserter forthwith example, the Articles of War of Rich• cers: "What is the source of our au• before a committing magistrate is im• ard II, drafted in 1385 when he gath• thority to apprehend deserters from posed. The merit of the inquiry is also ered an army for defense against an the Armed Forces of the United evidenced by the fact that the Supreme invasion from France, set out varIous States?" The question is understand• Court of the United States ruled in rules of conduct for his troops, in• able for obvious and significant dif• 1885 in the case of Kurtz v. Moffitt cluding the following provision with ferences mark the apprehension of a that civil officers had no authority to respect to desertion: deserter, i.e., a serviceman who 'ab• arrest an army deserter under then• "Every man shall well and duly sents himself from his place of duty existing law; the decision hinged on perform his watch in the army, without authority and with the inten- the principle that desertion has always and . . . shall remain the full

April 1972 21 limited term ... on pain of hav• authorized to arrest felons or those had authority to apprehend him, he ing his head cut off." reasonably suspected of being felons. could not turn the deserter over to the This statute, and others based upon military authorities directly but was The medieval articles of war au• it, became obsolete by the time the first required to bring him before a thorized military personnel to arrest turbulent 17th century came to a justice of the peace for examination. offenders; and power to try them was close. If it appeared by confession, the tes• vested in the king's court of chivalry, 2. The second statute 5 of interest timony of one or more witnesses, or the jurisdiction of which was eventu• is the original Mutiny Act of 1689, the justice's own knowledge that the ally inherited, in part, by modern which was passed by Parliament at a arrested person was an enlisted sol• courts-martial, which date back to the time of national danger for the regula• dier, the justice was authorized to com• 17th century. The articles proceeded tion of the English Army. Its purpose mit him to custody and give notice from the king without the sanction of was to punish officers and soldiers, thereof to the "secretary at war." Mili• Parliament, but in the course of time who mutinied, stirred up sedition, or . tary officers an(l soldiers had authority the scope of royal authority in mili• deserted, in a manner more speedy and to arrest deserters under the provisions tary matters was narrowed by Parlia• exemplary than "the usual forms of of these laws, but they could exercise ment by means of legislation. In this Law will allow." The statute declared: it only when constables were not avail• connection, three parliamentary stat• able. Authority was also given the jus• utes are of special interest: "Every person who . . . shall tices of the peace to issue warrants for 1. The first statute,4a enacted on the desert Their Majestyes Service in payment of rewards for the arrest of eve of the modern era as a remedy the Army, shall suffer death or deserters, payable out of the land taxes against desertion by men who had such other punishment as by a of the parish where they were appre• contracted to serve as soldiers of the Court Martiall shall be inflicted." hended. king, provided: The main significance of this his• 3. The third statute 6 of note is one "Every man so mustering and toric statute is that it made the offense enacted in the mid-17th century for the receiving the King's wages which of desertion punishable by the sen• regulation of the Royal Navy. This law departeth from his captain within tence of a court-martial in time of established Naval Articles, provided his term ... shall be punished as peace as well as in time of war. With for the punishment of offenders by a felon; and ... the justices of its passage, the English military law naval courts-martial, and commanded peace shall have power to inquire began to assume a permanent form. that" [a] II captains, officers, and sea• thereof, and to hear and deter• Although it was enacted for an emer• men, shall do their endeavors to detect, mine the same." gency period of 6 months, it was re• apprehend, and bring to punishment" enacted by Parliament thereafter on those violating the articles. With re• Thus, this old statute made deser• an almost annual basis for two cen• spect to desertion, the statute de• tion a violation of the ordinary crim• turies and altered, of course, as the clared: inal law-a felonious crime with years went by, whenever deemed nec• jurisdiction over offenders resting in "All sea-captains, officers or mar• essary for the better government of the civil courts. Since it was a felony, iners, that shall desert the serv• the British Army. The mutiny acts did it was punishable by death, by forfei• ices or their employment in the not supersede but supplemented the ture of the felon's goods to the Crown, ships, or shall run away, or entice articles of war, and the courts-martial and by forfeiture of the felon's land~ others so to do, shall be punished had jurisdiction to try military of• to the Crown for a year and a day be• with death." fenses condemned by both. fore they escheated to his feudal lord. The early mutiny acts provided that At the time of the American Revo• Under the statute specific authority all offenders against the military law lution, the British Army was regulated was given mayors, bailiffs, and other could be apprehended by the civil au• by the provisions of the current ministers of the king at ports of entry thorities as well as the military. The Mutiny Act and the Articles of War; to arrest and detain for the justices of later acts omitted this provision with and the British Navy by the Naval the peace all soldiers who deserted respect to military offenders in gen• Articles. during campaigns abroad. As to sol• eral, but the power of civil officers to The American military law was diers deserting at home in England, it apprehend army deserters was re• originally embodied in Articles of would appear that regular peace of• tained. Although the constable of the War drafted in June 1775 by the Sec• ficers or private persons had like place where a person reasonably sus• ond Continental Congress for the gov• power, for at common law both were pected of being a deserter was found ernment of the Continental Army.

22 FBI Law Enforcement Bulletin These articles were derived from the the military law of the United States Early in the course of the Civil provisions of the British Articles of by virtue of the constitutional provi• War, President Lincoln issued an War and the English Mutiny Act then sions empowering Congress to raise order authorizing designated civil of• in force. Rules for the regulation of and support armies, to provide and ficials to act as "special provost the early American Navy likewise maintain a navy, and to make rules marshals" in arresting soldiers absent were copied in important features for the government and regulation of from their commands. The order, from contemporary British naval law . the land and naval forces. The Su• dated July 31, 1862, read as follows: 11he original Articles of War were sup• preme Law also conferred upon the "The United States marshals in plemented in N ovemher 1775; but in President the power of Commander• the respective districts, the mayor September 1776 new articles, also in-Chief of the Army and Navy and and chief of police of any town or modeled on the British form, were imposed upon him the duty to take city, the sheriffs of the respective adopted. The latter contained the fol• care that the laws be faithfully exe• counties in each State, all post• lowing provision on desertion: cuted, thus authorizing him to make masters and justices of the peace, regulations and issue orders for the are authorized to act as special "All officers and soldiers, who Armed Forces. provost marshals to arrest any of• having received pay, or having 11he First Congress exercised its ficer or private soldier, fit for been duly inlisted in the service military rulemaking authority by duty, who may be found absent of the United States, shall be passing the Act of September 29, from his command without just convicted of having deserted the 1789/ expressly recognizing the Ar• cause, and convey him to the same, shall suffer death, or such ticles of War of 1776 and making them nearest military post or depot. other punishment as by a court• applicable to the then-existing Army The transportation, reasonable martial shall be inflicted." of the United States. These articles expenses of this duty, and five During the Revolutionary War, re• copied in practically identical lan• dollars, will be paid for each offi• wards in the amounts of $5 and $10 guage the provisions of the British cer or private so arrested and were offered for the apprehension of Articles authorizing military person• delivered. " deserters from the Continental Army. nel to arrest military offenders. No On March 3, 1863, Congress enacted Prior to the adoption of the Consti• legislation corresponding to the Eng• a statute for enrolling, calling out, and tution of the United States, fhe Con• lish Mutiny Acts was passed by Con• organizing the national forces. lO For gress of the Confederation passed a gress. convenience in carrying out these aims resolve on May 31, 1786, providing Within a relatively short time, Con• of the law and for the arrest of de• that when the commanding officer of gress passed a law prescribing Naval serters and spies, the President was any of the forces of the United States Articles for the regulation of the Navy authorized to divide the country into received reports of desertion among of the United States.8 The statute made districts and to appoint a provost his troops, he was to cause a search various offenses punishable by naval marshal, with the rank of cavalry cap• to be made for the deserters. Respon• courts-martial including desertion. tain, for each district. The district sibility for the search was entrusted The article on desertion ordained: provost marshals were made subject to commissioned or noncommissioned "If any person in the navy shall to the orders and direction of a officers. If the search proved ineffec• desert, or shall entice others to provost marshal general, with the tive, the officer in charge of the unit to desert, he shall suffer death, or rank of cavalry colonel, at Washing• which the deserters belonged was to such other punishment as a court• ton, D.C. After the latter furnished the insert in the nearest gazette or news• martial shall adjudge." district provost marshals the names paper an advertisement describing the and addresses of Army deserters, they The early Articles of War adopted wanted men, and offer a reward not had the duty to arrest the deserters by the First Congress were superseded to exceed $10 for each deserter ap• wherever they were found and to send prehended and "secured in any of the by new articles in 1806 which contin• them to the nearest military com• gaols of the neighboring States." The ued in effect for nearly 70 years with mander or post. Under the statute, if offering of rewards for the apprehen• necessary amendments, including one a person was drafted but failed to re• sion of military deserters has been in 1830 providing that the death pen• port for duty without furnishing a sub• continued since those early times in alty could not be imposed for deser• stitute or paying a sum, not to exceed our history. tion in time of peace.9 These articles $300, set by the Secretary of War for With the adoption of the Constitu• were in force throughout the Civil War the procurement of a substitute, he tion, Congress was authorized to create era. was deemed a deserter and was like•

April 1972 23 wise to be arrested by the district of government for the Navy, and the or another one of the armed forces provost marshal and sent to the near- disciplinary laws of the Coast Guard. without fully disclosing the fact that he has not been regularly separated, est military post for court­martial. The Uniform Code of Military Jus- or enters any foreign armed service ex­ ~ The foregoing statute also author- tice first went into effect in 1951 and is cept when authorized by the United ized the President to issue an order now found in a chapter of Title 10 of tates; and proclamation with respect to de- the nited States Code on the "Armed is guilty of desertion. "( b) Any commissioned officer of the serters. Pursuant thereto, President Forces." 11 The code is applicable to armed forces who, after tender of his Lincoln, as Commander­in­Chief of the all members of all the Armed Forces resignation and before notice of its Army and Navy, issued an order on in time of peace and war in all places acceptance, quits his post or proper March 10, 1863, commanding all sol- in the world, and covers both the sub- duties without leave and with intent diers absent without leave to return to stantive and procedural law govern- to remain away therefrom permanently duty. Those who reported before ing military justice and its administra- is guilty of desertion. "( c) Any person found guilty of desertion April 1, 1863, were to be restored to tion. It establishes the U.S. Court of or attempt to desert shall be punished, their regiments without any punish- Military Appeals, composed of three if the offense is committed in time of ment except forfeiture of pay and al- civilian judges, to assure uniform in- war, by death or such other punish· lowances during their absence, but terpretation of the military law. ment as a co urt·martial may direct, those who did not return were to be The code includes a subchapter en- but if the desertion or attempt to desert occurs at any other time, by arrested as deserters and punished in titled "Punitive Articles" superseding such punishment, other than death, as accordance with the law. In his proc- preexisting disciplinary lawsY Ap- a court­martial may direct." lamation, the President declared that proximately 50 offenses are defined A serviceman found guilty of deser- evil disposed and disloyal persons had and made punishable by court­martial tion by court­martial is subject under enticed and procured soldiers to de- under these articles. They range in the code to the punishment of dis- sert, thus weakening the strength of nature from offenses of a purely mili- honorable discharge, forfeiture of all the Army, prolonging the war, and tary type, such as conduct unbecom- pay and allowances, and confinement cruelly exposing faithful soldiers to ing an officer and a gentleman, to of- at hard labor not to exceed 3 years if increased hardships and danger. The fenses which would constitute grave he is apprehended, or 2 years if the President called upon all patriotic and felonies under the ordinary criminal desertion is otherwise terminated. If faithful citizens to oppose and resist law if committed by civilians, e.g., he deserts with intent to avoid hazard- these dangerous and treasonable service­connected murder. A general ous duty or to shirk important serv- crimes and aid in restoring to their article provides for violations not spe- ice, confinement can be for 5 years. A regiments all soldiers absent without cifically mentioned in the code; declaration of war automatically lifts leave. namely, all disorders and neglects the e limits, permitting a wartime de- Following the Civil War, Congress prejudicing good order and discipline erter to be sentenced to death or any promulgated the Articles of War of in the forces, all conduct bringing dis- lesser penalty.14 1874, which were codified, along with credit upon the forces, and non capital (Continued Next Month) the articles of government for the crimes and offenses. Navy, in the Revised Statutes of the Today desertion is defined and FOOTNOTES 1 For full de6nition of the offense of desertion , lee United States. The 1874 Articles were made puni hable by court­martial Article 85, Uni lorm Code 01 Militory JUltice, 10 U.S.C. also long lived. At intervals they un- under Article 85 of the Uniform Code 885, infra. • 115 U.. 487 (1885). 13 derwent substantial change, e.g., in of Military J ustice. This article • Act 01 J une 16, 1890, 26 Stat. 157 ; Act 01 Oc· 1916, 1920, and 1948, and eventually reads: tober I, 1890, 26 Stat. 648. Thi. power is now found in Article 8, Uniform Code of MHitary Justice. 10 were applied to the Air Force. "(a) Any member of the armed forces U..C. 808, infra. In the aftermath of World War II, who- 'See W. Winthrop, Military Law and Precedents (2d ed. 1920 Reprint); A Tytler, E..ay on Military an important study was launched to ( I ) without authority goes or remains Law (3d ed. 1814); I W. Blackstone, Commentaries restate the American military law and absent from his unit, organization, or on the Law. 01 Englond, 32<10­325. " 18 Hen. VI, c. 19 (1439). reform and modernize court­martial place of duty with intent to remain away therefrom permanently; o I Will. & Mor., c. 5 (1689). procedures. This project culminated • 13 Chas. II, c. 9 (1661) . (2) quits his unit, organization, or , I Stnt. 96. in the enactment by Congress of the place of duty with intent to avoid 8 Ac t 01 April 23, 1800, 2 Stat. 45 . Uniform Code of Military Justice. hazardou duty or to shirk important • Ac t 01 May 29, 1830, 4 Stat. 418. service; or 10 Act 01 March 3, 1863, 12 Stat. 731. This code unified, consolidated, and II Chapter 47, 10 U.S.C. 801­940. (3) without being regularly separated revised the articles of war governing " Subchapter X, Articles 77­131, 10 U.S.C. 877­934. from one of the armed forces enlists " 10 U.S.C. 885. the Army and Air Force, the articles or accepts an appointment in the same H U.S.C. 856.

24 FBI Law Enforcement Bulletin In Underground Emergency Facility

Radio Communications Department Serves Law Enforcement In• North Dakota

By partment was established as a central• partment, using telpak circuits, set up ALDRED G. BIROSE ized dispatch center whereby any law the centralized dispatch center where• Director, enforcement officer can receive assist• by all State-owned radio stations are North Dakota Radio ance and information on a 24·hour, operated by State employees. Communications 7-day.a-week basis. Department, The two-frequency statewide radio Bismarck, N. Oak. In 1967 a new emergency operating system is shared by all local, county, center was planned for the State Radio State, and Federal law enforcement Communications Department and the officers. The 12 major city police North Dakota Civil Defense Head• agencies have a separate system; how• quarters. This center was funded and ever, they are tied into the statewide built at the National Guard Head• system. Through this system, all agen• quarters in Bismarck. Completed in cies can communicate wirh each other June 1968, the center is completely as well as with all mobile units. The underground and has one outside en• communications department owns trance and an emergency escape hatch. and operates 16 stations, and each The entrance is continuously moni• slheriff's office has a station on the sys• tored by a closed·circuit television tem. Eight of the 12 major police camera controlled from the master departments use the State-owned position by the dispatcher, who also equipment. At present, the system controls an electric door lock. Any• serves 750 mobile units including those ·of rural community police de• one wishing to enter must first obtain partments, county sheriffs and depu• the dispatcher's permission. ties, the State Highway Patrol, State With its own power plant, water Game and Fish Department, State supply, kitchen facilities, and sleeping Truck Regulatory Department, State quarters, the center is completely self• Parole Office, State Crime Bureau, sustaining during any type of emer· and other law enforcement agencies gency. It is large enough to house all and officers. All officers can commu• Located in an underground facility the department's stafi and their fame nicate directly with their local agency in Bismarck, the North Dakota ilies. Should a disaster occur, the or with the State Communications Radio Communications Department staffs of both departments and their Center. provides service to local, county, families would be relocated in the The State Radio Communications State, and Federal law enforcement center. The families of the staff memo Department provides the following through a statewide radio and tele• bers would be assigned various tasks services: motor vehicle registration type system and the FBI National to assist in maintaining and operating data on all types of vehicles, driver's Crime Information Center (NCIC) the facility. license suspension and revocation in• system. Since North Dakota is a rural After the move to the new center in formation, NCIC checks and entries, State with sparse population, the de- June 1968, the communications de· all-point bulletin broadcasts, and acci•

April 1972 25 ment requesting an NCIC check on a moving vehicle uses this system to ob• tain an immediate reply rather than send a teletype message. If a police agency has time and the request is not an emergency, the request is for• warded by teletype to the State center. Information on all stolen vehicles and wanted subjects is forwarded to the communications center. The cen• ter assigns an all-points bulletin num• ber to such items and broadcasts the information statewide by radio and by teletype. All active bulletins within the past 24 hours are rebroadcast at 10 a.m. and 8 p.m. each day. Bulletins on stolen vehicles are automatically en• tered in NCIC. Wanted subjects, stolen articles, and weapons are entered upon request by the authority.

Dispatchers operate two of four radio consoles and one of the two NCIC terminals (between the consolesl at the communications center. Checked Through NCIC dent assistance and reporting. The de• ments are State warning points with All motor vehicles licensed in North partment also operates the National the State Communications Center as Dakota are checked in NCIC. Each Law Enforcement Teletype System the principal State warning point. The week the motor vehicle department and the State Law Enforcement Tele· NAWAS is used on a day-to-day basis forwards a list of vehicles licensed type System. by law enforcement. A police depart· during that period giving the vehicle The communications department dispatchers provide the above services and assistance to all officers in the mo· bile units. An officer requesting any of the foregoing information need only call the nearest State station in -,.-~ his area. If an officer requests an NCIC ---• ~ check on a vehicle or subject, the dis• patcher can enter the request in the NCIC terminal at his dispatch console and provide a reply in 10 to 15 sec• onds. All officers on the State system can receive the same response for NCIC checks, motor vehicle registra. tions, or any other information merely by calling the nearest State station. There are times, however, when a re• sponse to an officer's request may be delayed because of a large number of requests. Base stations requiring in• formation can obtain such either by teletype or by using the Civil Defense In a view of the teletype machines at the radio communications department, the charts to the National Warning System (NA WAS) . right of the clock depict the various teletype networks. In the background at the left is one of two NCIC terminals, and in the right foreground Is the microfilm viewer for the State Ten of the 12 major police depart• Motor Vehicle Department records on file at the center.

26 FBI Law Enforcement Bulletin The North Dakota Radio Communications Department is located (arrow) in an underground facility at Fraine Barracks, Bismarck, headquarters iJ for the North Dakota National Guard.

identification number (VIN) , license, the incident informs the communica• ices the State Law Enforcement Tele• and title. The VINs are checked in tions department of all available in• type System which has terminals in NCIC. formation concerning the suspect or every county sheriff's office, seven of The communications department as• vehicle for broadcast to all units in the the 12 major police departments, sists law enforcement in the operation affected area. During such situations highway patrol district offices, high• of the Signal 100 statewide roadblock the communications department alerts way patrol headquarters, motor ve• system. Each county sheriff's office has additional staff to report for duty to hicle department, safety responsibility established strategic local roadblocks assist where needed. All information division, crime bureau, and State within its jurisdiction. Should an is rebroadcast every few minutes to Communications Center. At present, emergency arise, such as an armed keep all officers informed of the prog• there are 78 terminals. All terminals robbery, murder, or burglary, ress made and additional details. operate at 60 w.p.m., using Model whereby a description of a subject or During the Signal 100, the communi• 28 KSR. vehicle can be obtained, a Signal 100 cations department, operating from a In addition to the State and na• is called. During such an alert, the centralized dispatch point, can assist tional systems, the department has a investigating officer notifies the local in any area of the State. terminal on the State Highway De• sheriff's office which then requests a partment Teletype System. Through Signal 100 for the area affected. The Center of Operation this system a daily report concerning communications department is noti• road conditions throughout the State fied and in turn contacts all county The North Dakota Communications is received. This information is for• sheriffs in the area by telephone. The Department is the point of entry for warded to all State points by teletype sheriffs in turn contact the officers as• the National Law Enforcement Tele• and radio during adverse weather signed to each roadblock in their type System. All inbound and out• conditions. county. During the dissemination of bound traffic is edited before for• All severe weather information is Signal 100, the officer investigating warding. The department also serv• disseminated by the teletype and radio

April 1972 27 system to all affected areas within the and to what hospital he is en route. eras are found to be too costly, and State. Such reports and warnings are State communications then notifies the somehow the windows are not bricked received from the U.S. Weather Serv• hospital to alert the emergency room over. Perhaps, just perhaps, a wire ice in Bismarck by direct telephone. of the arrival of the ambulance and of fence is erected 'around the station All severe weather and road condition the accident victims. perimeter. reports are coordinated with the State The communications department The crisis situations can cause con• Highway Department and Civil De• employs 11 radio and teletype opera• flict between management and em• fense Office. tors, one secretary, one maintenance ployees with faults at both levels. The The communications department technician, and the director. officers become increasingly disen• services all calls received via the high• The teletype system costs approxi• chanted when the police administra• way emergency assistance telephone, mately $7,000 a month with 50 percent tion and the city do not implement a system of incoming W ATS lines local and 50 percent State funds. The more and better security measures. whereby any motorist may call toll radio telpak control lines cost ap• The administration becomes increas• free for assistance, such as a tow truck proximately $1,300 a month. The ingly caustic when the men fail or re• or ambulance, or to report an accident teletype and radio circuits are paid fuse to utilize those security measures or any emergency on a North Dakota for by a special fund which is not a that exist. highway. The dispatchers will deter• part of the communications depart• Management is slow to place bul• mine and send the service needed. ment. The communications depart• letproof screens in front of a com• They have a complete listing of all ment operates on approximately plaint desk; but the man assigned to emergency services and their phone $170,000 annually for all salaries, the desk will leave it unattended, or numbers for every city in North Da• maintenance, equipment, replacement, for comfort will place his revolver in kota. All cities are listed in alphabeti• equipment rental, and office space. the desk drawer. cal order with information such as Traffic totals for 1971 are as Management may not place closed• police phone, fire phone, ambulance, follows: circuit television cameras to cover the hospital, wrecker service, sheriff's building perimeter; but the officers, 611,358 radio transmissions. office, and highway patrol officer during rollcall and inspection, may 43,508 motor vehicle regis• given. leave open the squadroom door, thus tration requests. subjecting themselves to more easily 71,521 teletype messages. implemented sniping or bombing Statistics 5,801 driver's license rec• attacks. ordchecks. Management perhaps will not ac• Through this system a motorist 170,400 NCIC transactions. cede to officers' requests for the two• need only call the operator and ask 171 NCIC valid hits. man car over the one-man car; yet for highway emergency assistance, or 2,039 accident reports the same officers will drive that car he may dial the number direct. The serviced. through an intersection at 60 miles service is listed in every phone book 112,253 phone calls. an hour when responding to the scene and on every North Dakota driver's 11,720 highway emergency of a problem. license. In addition, a small sticker assistance calls. listing the service and phone number It all seems so incongruous. Man• is included in every vehicle registra• agement and worker are dedicated to tion folder when a vehicle is licensed the same things, in this case the safety in the State. This system has proven of the building and of the personnel. very helpful, especially to vacationing POLICE STATION SECURITY Strangely, in some instances the pur• travelers who need emergency assist• suit of this dedication seems to bring (Continued from page 4) ance or wish to report an accident. management and personnel into con• The North Dakota Radio System ally makes pronouncements and flict and collision. also services ambulances called out by edicts: The criminals will be captured. We seem to go to extremes at both law enforcement for accidents. Ambul• Security, be it 'armed guards and/or ends of the scale. In one case, recently, ances are equipped with two-way closed-circuit television cameras, will a police station which fields six radio radios on the State system. When the be mounted at the station(s). Doors cars on the midnight watch had four ambulance leaves the scene of an ac• will be locked and windows bricked units on station security and only two cident, the driver calls the State sta• over. Then, after a period of quiet, on the street to protect the public. At tion advising the number of injuries the guards are back on patrol, the cam• a nearby station at the same time,

28 FBI Law Enforcement Bulletin "busy" workers ignored a buzzer ac- At the same time we must be open to do not restrict access of the public tivated by someone entering the suggestions from personnel. We have to the building, but we do channel it, building. to be able to say "no" to those which in the interest of station security. Police stations are public buildings, are unrealistic. We must also be pre· Station security is not an adminis- to which the public must have access. pared to insist upon additional funds tration problem alone. Neither is it To turn the station into a barricaded, from the local entity to implement ac- a problem of the street policeman buttressed, sandbagged fortress is to ceptable and additional security alone, to be handled in so· called deny the access. Yet, so long as the measures. "routine" fashion. It is the responsi. access is "free," where we have desk Outside security can be handled by bility of each employee, from the clerk workers with backs to windows with closed­circuit television and/or by typist to the chief of police, from the clear glass, with all workers "blind" patrolling policemen. Wire fences and police cadet to the platoon lieutenant. inside the building without outside nighttime illumination add to such se- The problems and responsibilities per- guards or surveillance, the police curity. Parked automobiles, both offi- taining to this kind of security must be building remains a prime and helpless cial and personal, are prime targets consistently and continuously reevalu· target. for bombs and should figure in these ated and, perhaps, modified. ij) Security needs to be implemented plans. • and maintained. It cannot continue to Door buzzers and windows which be an on­again off­again affair; it must are bricked over or otherwise shielded be neither hot nor cold, overdone nor from the outside are essential. Outside LAW ENFORCEMENT underdone. Security must be realistic speakers, through which communica- CONFERENCES and efficient, while allowing for nor· tion can be had between visitor and in- mal business and visitations, vis·a·vis side personnel, are helpful. In each "Attacks on Law Enforce· the citizenry and the police station. case the inside man should demand ment­Related Urban Crimes" What works best for you is what is verbal identification from the visitor, will be the subject of the 1972 best for you. What works best for me even if he be a fellow policeman, prior FBI.sponsored law enforcement is what is best for me. Therefore, this to allowing entry. conferences to be held through. article proposes no cure­all solution. Oheckpoints, through which the vis- out the country in April and May. It does propose some basic consid- itor must pass, are becoming more The sessions will alert lawen· erations. essential. Again, how this is accom- forcement officers and inform We must train and supervise all plished is a detail. The checkpoints them of matters concerning at· personnel to use consistently all se· can be manned by officers, viewers, tacks on police, incendiary and curity tools which they have. We metal detectors, or any combination bombing attacks, robbery, theft should occasionally test that security. of any number of methods. Thus, we of firearms and explosives, and related topics. A parking control officer is assigned to check outside the building and grounds when security Panel discussions by FBI po· officer is unavailable. lice instructors and Federal, State, and local law enforcement representatives knowledgeable in the subject matter will be fea· tured at the conferences. The programs will cover recognizing tactics and theories of the urban terrorist, sniper and ambush at· tacks against law enforcement, and nationwide trends of extrem· ist groups. Full·time, duly constituted law enforcement personnel, prosecu· tors, and members of the judicio ary will be invited to the confer· ences, which will be conducted in closed sessions.

29 SWAT rently being considered to improve with the present SWAT complement. the effectiveness of the unit. The first Since metropolitan division personnel (Continued from page 10) is to expand the team size to include are deployed 24 hours a day, this will Training is conducted at various a fifth position of team leader. The provide constant SWAT coverage city• locations, and each training site is leader will be responsible for deploy• wide at all times. Because the metro• selected on the basis of the type of ment of the team and the ultimate ac• politan division SWAT platoon will be training planned for the day. Classes complishment of the team goal. The under the full-time supervision of are conducted by individuals selected team leader will also handle com• tactical operations group personnel, for their expertise in the subject being munications for the team and thus, closer supervision and more intensive presented. In the past the entire unit free the observer from this responsi• SWAT training than is now possible has traveled to nearby military bases bility. The team leader will be armed can be provided for the platoon. for 3­day training sessions taught by with a sidearm, and a shoulder weapon The unit has proven to be a definite military instructors. will be optional equipment. asset to the department by providing Since formation of the unit, SWAT a pool of highly trained and disci• teams have been activated on more Conclusion plined marksmen to assist officers in than 100 occasions. SWAT personnel the field as the need arises. At the have provided security for visiting A second change being considered same time, they are a reserve, able to • dignitaries, including the President is designed to improve the unit's respond in the event of a civil dis• and Vice President. For these details ability to respond to emergencies. turbance to provide the field com• officers wear regulation police uni• This will be accomplished by training mander a versatile resource to use in forms and are primarily deployed in a 4O-man metropolitan division pla• restoring control to an area that is high-ground and perimeter positions. toon in SWAT tactics and merging it under attack. ~ SWAT personnel have been de• ployed to protect officers engaged in A large step-van truck contains telephone and radio equipment for use in mobile field crowd control during campus disor• command post operations. ders, rock festival disruptions, and other civil disturbances. Teams have frequently been called to incidents in• volving officers being fired upon by barricaded suspects. In each of these instances, SWAT personnel have suc• cessfully prevented these suspects from injuring additional victims or escaping. Marksmen from the SWAT unit have also successfully rescued wounded officers and hostages. They have been particularly helpful in as• sisting regular officers investigating armed strongholds. When necessary, SWAT personnel effect forcible en• tries and apprehend suspects at these locations. SWAT members have also served search warrants at heavily armed and fortified headquarters of a militant organization. While the performance of the unit has been quite satisfactory, improve• ments and refinements in tactics, equipment, and organization are con• stantly being developed. Two changes in the present organization are cur•

30 FBI Processing of Non­Federal Applicant Fingerprints Reinstituted

PreviouSly all fingerprint con- the Director of the FBI and has non­Federal applicant prints be tributors were advised of the approved the following require- handled through the State iden- memorandum opinion of U.S. ments for the processing of non- tification bureau or agency des- District Judge Gerhard A. Gesell Federal fingerprints from State ignated. The State bureau or .. in Menard v. Mitchell which pro- and local governmental agencies agency handling the fingerprint hibited the FBI from disseminat- submitted for applicant and li- card should forward only those ing identification records outside censing purposes: prints on which no disqualifying the Federal Government for em- 1. A State statute must pro- record or substantive informa- ployment, licensing, and related vide for fingerprinting as a requi- tion is found. Disqualifying in- purposes (FBI Law Enforcement site for the type of applicant formation identified with the ap- Bulletin, October 1971). As a re- position involved or for the type plicant or licensee print at th~ sult of that decision, processing of license to be issued. Local and State or local level, of course, ob~ of all non­Federal applicant fin- county ordinances, unless speci- viates forwarding the prints for gerprints was stopped. fically based on applicable State a national check. The cards for- Recently the FBI received the statutes, do not satisfy this re- warded by the State bureau will authority to again process non- quirement. (This requirement be processed and results fur- Federal applicant fingerprints. does not apply to arrest or inves- nished to the employing agency Section 902 of Public Law 92- tigative fingerprinting and fin- or regulatory body shown on the 184, enacted by the Congress and gerprinting of employees of law fingerprint card as the contribu- approved by the President, in- enforcement agencies or correc- tor. These procedures will permit cludes authorization for the use tional institutions since such fin- the FBI to receive all such prints of FBI funds during fiscal year gerprinting serves a direct law from a single contributor for 1972 to process certain non­Fed- enforcement purpose.) each State and will enable con- eral applicant fingerprints. This 2. All applicant and licensee trols to be established which will legislation permits the exchange fingerprints must first be checked be compatible with computerized of identification records with through the appropriate State criminal information systems. federally chartered or insured identification bureau or, if no The State bureau or central banking institutions and, if au. such bureau exists, through a agency forwarding the prints thorized by State statute and ap- central agency designated for must insure they are within the proved by the Attorney General such purpose within the State. categories covered by State law. of the United States, with officials The Attorney General of each Strict compliance with these re- of State and local governments State is being separately re- quirements is necessary for effi. for purposes of employment and quested to issue instructions to cient and orderly processing of licensing. appropriate State agencies and non­Federal applicant cards un. Banking institutions may con- other governmental bod i e s der the guidelines established by tinue to submit prints directly to throughout his State to the effect the Attorney General. the FBI as in the past. The Attor- that applicant and licensee prints Non­Federal applicant finger- ney General of the United States submitted to the FBI must meet prints may be submitted at any has executed an order delegating both of the above requirements time the foregoing procedures authority under this legislation to and, in addition, instruct that all are established. ~

April 1972 31 SPECIAL OPERAliONS WANTED BY THE FBI (Continued from page 14) Whenever the Special Operations Group is ordered to assemble as a unit, it responds with the cars which have been used on patrol. The ser• geants, the tactical lieutenants, the street captain, and all Special Opera• tions Group officers report to a desig• nated assembly area. Upon the assem• blage of the Special Operations Group tactical units into one cohesive semi• military organization, the deputy chief of patrol responds and takes direct command. The success of the operation is heightened because of the squad team concept and the under• standing by all personnel of the unity of orders from the commander, through the captains, lieutenants, and JAMES CLIFTON CHERRY, JR., also known as: James Butch Cherry, sergeants to the patrolmen. "Butch" Cherry. C()mmunication is established among all units by a standard proce• Interstate Flight-Murder dure which requires that the area lieu• James Clifton Cherry, Jr., is being HaiL ______Black. tenants, upon responding to an Eyes______sought by the FBI for unlawful inter• Brown. assembly area, will bring with them Complexion__ Medium. walkie-talkie radios. These radios are state flight to avoid prosecution for Race______Negro. distributed to sergeants and higher murder. Nationality__ American. On December 17, 1970, a Federal Scars and Small scar right side of fore· ranking personnel and are operated warrant was issued in Atlantic City, marks. head. over a separate Special Operations N.J., charging Cherry with interstate Occupations_ Kitchen worker, stock clerk, Group frequency. In this manner the theater manager. police command on the scene is able flight to avoid prosecution for the Remarks ___ _ Hair reportedly modified to directly control all assembled units alleged shotgun slaying of an Atlantic Afro style, usually wears of the Special Operations Group and City police officer on September 30, blue tinted sunglasses. FBI No _____. move them wherever necessary to con• 1970. Cherry's alleged accomplice in 428,672 H. Fingerprint 20028WIOM20 trol a given situation. the murder is currently in custody, hut classifica• L28WOOI In most crowd control situations, Oherry remains at large. tion. when an actual disturbance takes Cherry, a reputed member of the place, the best means to curtail it is Notify the FBI Black Panther Party, is allegedly by moving in sufficient police person• armed with a .25 caliber automatic Any person having information nel and effecting arrests. pistol and has reportedly stated that which might assist in locating this The ability of the Special Opera• he will not be taken alive. He should fugitive is requested to notify imme• tions Group to assemble into a com• be considered dangerous. diately the Director of the Federal Bu• bined unit gives command the capa• reau of Investigation, U.S. Depart• bility of controlling a situation until Description ment of Justice, Washington, D_C. additional police personnel arrive. 20535, or the Special Agent in Charge This availability of manpower to re• Age______24, born June 16, 1947, At· of the nearest FBI field office, the spond as a unit and the suppressive lantic City, N.J. HeighL_____ 5 feet 11 inches. telephone number of which appears nature of tactical patrol are the true WeighL_____ 160 pounds. on the first page of most local measures of the value of a Special Build______Medium. directories. Operations Group. ijl

32 FBI Law Enforcement Bulletin u.s. GOVERNMENT PRINTING OFFICE :un 0-457-689 FOR CHANGE OF ADDRESS ONLY (Not en order form)

Compl.t. this form and r.turn to:

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

(Name) (Tme)

(Addreas)

(Oftil) (State) (Zip Oode )

------~-~ Visitors to FBI

During a recent visit to FBI Headquarters, members of the Boy Scouts 0.= America, accompanied by Mr. David J. Boshea, Assistant Director, Camping and Conservation Service, Boy Scouts of America, New Brunswick, JIj.J., were greeted by Director J. Edgar Hoover. Shown in Mr. Hoover's office are lIeft to right): Mr. Boshea; Mr. Frank Ramirez, Jr., Publeo, Colo _ ; Mr. Eric Hillary, Dallas, Tex.; Mr. Hoover; Mr. David Barrus, Provo, Utah; Mr. Kenneth L. Beale, Jr., Jarrettown, Pa.; and Mr. Edwin R. Yarbrou gh, Chillicothe, Ohio. UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION WASHINGTON, D .C. 20535 OFFICIAL BUSINESS

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INTERESTING PATTERN

The unusual pattern presented here is classifled as an accidental-type whorl. The tracing, determined by tracing from the extreme left delta to the extreme right delta, is outer.