Director's Message President Reagan issued this statement on " Four yeafs ago, thousands of draft his pardon of two former officials of the Federal evaders and others who violated the Selective Bureau of Investigation: Service laws were unconditionally pardoned by " Pursuant to the grant of authority in Article my predecessor. America was generous to II , Section 2 of the Constitution of the United those who refused to serve tbeir country in the States, I have granted full and unconditional Vietnam War. We can be no less generous to pardons to W. Mark Felt and Edward S. Miller. two men who acted on high principle to bring an " During their long careers, Mark Felt and end to the terrorism that was threatening our Edward Miller served the Federal Bureau of Nation." Investigation and our Nation with great This announcement is welcome news to distinction. To punish them further-after three FBI employees throughout the country. This years of criminal prosecution proceedings• brings to a close a difficult chapter for the FBI would not serve the ends of justice. and for the Felt and Miller families. We are "Their convictions in the U.S. District Court, grateful for the President's action. on appeal at the time I signed the pardons, grew out of their good faith belief that their actions were necessary to preserve the security interests of our country. The record demonstrates that they acted not with criminal intent, but in the belief that they had grants of authority reaching to the highest levels of William H. Webster government. Director June 1. 1981 " America was at war in 1972, and Messrs. Felt and Miller followed procedures they believed essential to keep the Director of the FBI , the Attorney General, and the President of the United States advised of the activities of hostile foreign powers and their collaborators in this country. They have never denied their actions, but, in fact, came forward to acknowledge them publicly in order to relieve their subordinate agents from criminal actions. JUNE 1981. VOLUME 50, NUMBER 6

Contents

Crime Problems 2 A Practical Overview of Hostage Negotiations (Part I) By G. Wayne Fuselier

Management 8 Results Management (Part I) By John N. Dempsey and Pamela A. Hamm BIographical 13 The Attorney General of the United States Sketch GambllDg 14 The Basket Game

Training 18 "Duffystown"-A One-of-a-Kind Tactical Training Facility By Jack Drown Forensic Science aa Examination of a Typewritten Document By David W. Attenberger and W. Gary Kanaskie

The Legal ~est 28 In the Katz Eye: Use of Binoculars and Telescopes (Part I) By Robert L. McGuiness 32 Wanted by the FBI

The Cover: Federal Bureau of Investigation Published by the Office of Congressional and "Duffystown" provides United States Department of Justice Public Affairs. realistic exercises Roger S. Young in tactical training. Washington, D.C. 20535 Assistant Directo{ See stOry p. t 6. William H. Webster, Director Editor-Thomas J. Deakin Assistant Editor-Kathryn E. Sulewski The Attorney General has determined that the publicatIOn Art Director-Kevin J. Mulholland Writer/ Editor-Karen McCarron 01 th,s penodlcal is necessary in the transaction of the Production Manager-Jeffery l. Summers public bUSIness reqUIred by law of the Department of JustIce. Use of funds for pnntlng th,s penodical has been approved by the Director of the Office of Management and Budget through December 28, 1983.

ISSN 0014-5688 A Practical Overview of Hostage Negotiations (Part I)

By G. WAYNE FUSELIER, Ph.D.

Staff Clinical Psychologist U.S. Air Force Medical Center San Antonio, Tex.

Whenever a barricaded subject or a hostage situation exists, the following responses are available to law en• forcement personnel: 1) Contain and attempt to negotiate; 2) Contain and demand surrender; 3) Use of chemical agents to force surrender; 4) Use of snipers or sharpshooters to neutralize the subject; or 5) Use of a special weapons and tactics assault (SWAT). If these alternatives are consid• ered, you should always progress from one of the earlier responses to one of the later responses, but it is virtually impossible to return to negotiating, for example, after an assault has taken place. Therefore, the initial response may preclude the use of other re• sponses later on. Various aspects of hostage nego- Paranoid Schizophrenia-Charac• tiation include: teristics and Negotiation Approach 1) What kind of person takes The paranoid schizophrenic's hostages; thinking is disturbed. In fact, he is so 2) What are common reasons for disturbed that he is out of touch with taking hostages; reality, suffering from a psychosis 3) What behavior can be expected (mentally deranged or insane.) from a hostage; Two primary symptoms are hallu- 4) The process of negotiation; cinations­hearing things or seeing 5) Considerations in selecting a things that are not really there­and negotiator; delusions­a false system of beliefs- 6) The interactions between the that persist despite evidence to the negotiation team, the onscene contrary. The delusions are typically commander, and the SWAT either delusions of grandeur­believing team; and he has special qualities, abilities, or a 7) How to use a clinical psychologist special mission in life­or delusions of as a consultant for negotiation. persecution­believing he is being per- secuted because he has a special mis- What Kind of Person Takes sion or is God's select person, etc. Or. Fuselier Hostages This type of person often takes Articles on the kinds of people hostages in order to carry out what he who take hostages I usually list four believes is a "master plan" or to obey major types of hostage takers (HT's): "orders" from some "special person." 1) "Mentally disturbed" persons; He may believe, for example, that it is 2) Criminals trapped during the com- his divine mission to end all suffering mission of crime; and violence. He may take hostages 3) Prisoners who are revolting; with demands that the United States 4) Political terrorists attempting to unilaterally disarm and all law enforce- produce social change through ment people lay down their weapons the threat or use of violence. and join hands peacefully. The delu- sion may also involve punishing or re- Mentally Disturbed Hostage Takers taliating against "sinful" people. Recent information from the spe- Paranoid schizophrenics are usu- cial operations and research staff, FBI ally above­average in intelligence. Academy, Quantico, Va., indicates ap- Therefore, be very careful about at- proximately 52 percent of all hostage tempting to trick or lie to them. The incidents involve persons classified as best approach is to accept their state- "mentally distUrbed." These people ments as being true for them. Do not typically fall into one of four diagnostic try to argue or convince them that their categories including: beliefs are wrong. However, you 1) Paranoid schizophrenic; should not go so far as to agree that 2) Manic­depressive illness; de- you also hear voices or to say you pressed type; share their beliefs. You can respond 3) Antisocial personality; and with a statement such as "I can't hear 4) Inadequate personality. the voice that you do but I understand what you are saying."

Manic-Depressive Illness, Depressed Type-Characteristics and Negotia• tion Approach The pe"rson who is a manic­de- pressive is usually so depressed that he is out of touch with reality, suffering from a psychosis (mentally deranged or insane). He may consider himself unworthy to live, feels guilty for past

June 1981 I 3 "sins" he has committed, and often Once rapport has been estab• Antisocial Personality-Characteris• has beliefs that are delusional. He may lished, you can be more direct. For tics and Negotiation Approach believe, for example, that he is respon• example you may say, "Joe, I think you A person with an antisocial person• sible for all the suffering in the world know now that you can trust me. I'd ality is also known as a sociopath or and his current depression is his pun• like you to come out and meet me. I psychopath. He is the classic "manipu• ishment for having lived a sinful life. know I can help you work this out." lator" or "con artist." One of the most The potential for suicide is extremely The next two categories of HT's, significant symptoms of this personality high, as is the potential for killing any while in the "mentally disturbed" class, is the absence of any conscience or guilt hostages. are not psychotic, and therefore, are in feelings. The person has not incorporat• Hostages are often members of contact with reality. These two disor• ed into his life the morals and values of the HT's family or persons known to ders, called personality disorders or our society. This lack of conscience him. He may believe that he would be character and behavior disorders, refer makes it unlikely that he will be con• doing them a favor by killing them and to longstanding, maladaptive patterns cerned for the hostages as human be• removing them from this "terrible" life. of behavior that usually develop during ings. He is often a glib and convincing The HT's speech and movements adolescence. speaker and presents himself extremely may be extremely slow. He may take well. He is a "con man," an expert at 15 to 30 seconds or longer to answer a Inadequate Personality-Character• "snow jobs." Therefore, his hostages question. His thoughts will usually be Istics and Negotiation Approach are likely to see him as "a nice young centered around his unworthiness, his Throughout most of his life, the man" the authorities are harassing.2 He sinfulness, or his delusional feelings of person with an inadequate personality is selfish and strives for physical pleas• guilt. has shown ineffective and inept re• ure. Most of his pursuits revolve around When negotiating with a manic• sponses to social, emotional, and physi• manipulating people to get material depressive, understanding and support cal stress. He will often be a high school gains for himself. He is quite impulsive should be provided, along with contin• dropout and may have had a succession and will demand immediate satisfaction. ual reassurance that he has self-worth. of jobs, having been fired from each He seems unable to profit from past Do not try to tell him that "things aren't because of poor performance. He sees experiences. He does not learn from that bad." This will make him believe himself as a loser-as someone who arrests or involvement with authority that you do not understand his problem has always failed. Taking hostages may figures how to avoid becoming involved and are unable to help him. Gently be his last attempt to prove to someone with law enforcement personnel. interrupt his long statements about (wife, parents, or girlfriend) that he can When negotiating with the antiso• "sins" or death and convince him to succeed at something. The hostage cial personality, it is important to remem• talk about interests, hobbies, or any• inCident, including the attention from ber that he is self-centered and will thing positive, relating these to his self• authority figures and the media, may be attempt to make things easier for him• worth. Watch for spontaneous im• the high point of his life. self. Be careful about using tricks. He is provement. If he suddenly says, "Ev• This type of disorder can be recog• sharp and expects you to try to trick him. erything is okay now-I know what to nized by statements such as "I'll show He is probably " street-wise" and " po• do," he may have decided to kill him• them that I really can do something" or lice-wise." Don't promise him things he self. Gradual improvement over hours "I'll show them that I am not the scape• knows you cannot do. He needs fre• of negotiation is a better sign. You may goat anymore." The HT is in contact with quent stimulation. This should come ask him if he has considered killing reality, is thinking clearly (although im• from the negotiator through frequent himself. Asking this question will not maturely), can understand the conse• contacts. If frequent stimulation is not "put the thought in his mind." In fact, quences of his actions, and can be provided, he may turn to the hostages discussing it may help him believe you negotiated with successfully. for excitement. really understand how badly he feels. When negotiating with the inad• equate personality, understanding and Criminals uncritical acceptance should be pro• Criminals caught in the act of com• vided. Help him find a way to end the mitting a crime often take hostages. An incident without having "failed again." important first step is to determine Do not bring parents, friends, etc., to the scene. This may invoke stronger feel• ings of failure or embarrassment and cause him to prove he can do something important.

4 I FBI law Enforcement Bulletin whether this is a mentally disturbed The key to negotiating with terrorists is Finally, a mentally disturbed per• person. After ruling out mental disturb• to convince the HI's that their point son may take hostages in order to right ances, you can be fairly sure that you are has been well-made, their demands what he perceives to be a wrong. He dealing with a person who has had have been heard, and killing the hos• may believe that he has to take hos• frequent contact with the law, knows tages would simply serve to discredit tages in order to carry out some sacred what to expect from the police, and them in the eyes of the public. mission or to prove that he can do knows what he may need to do to get out something important. of this situation alive. The negotiation Why Are Hostages Taken? Whatever the initial reason for tak• process in this case should be a reality• Hostages are taken for many rea• ing hostages, it is clear that the motive oriented discussion, helping the HT to sons, not all of which are initially appar• for holding the hostages may change. recognize the facts of the situation and ent. In political terrorism, the reasons For example, a criminal interrupted in convincing him to accept his physical include showing the public that the the act of robbing a bank may initially safety in return for the release of hos• government is not able to protect its demand a great deal of money, but tages. own citizens. Also, taking hostages vir• later reduce this demand to a guaran• tually guarantees immediate media tee of physical safety or clemency in Prisoners coverage, and after repeated hostage court. Other HI's may initially demand Incarcerated persons sometimes incidents, it is the hope of the terrorists an immediate change in a government riot and take hostages (usually that the government may overreact policy or in a prison situation. These guards). In cases such as these, there and become excessively restrictive demands may eventually change to an is less concern about mental disturb• with its own citizens, thus causing civil agreement for talks with appropriate ances, since those prisoners who are discontent and a grassroots movement officials about the conditions. No mat• psychiatrically disturbed are usually re• to overthrow the government. ter what the initial reason for taking moved to institutions for the criminally Law enforcement personnel are hostages, it is not uncommon for the insane. Riots usually center around most likely to encounter hostage inci• HT, after some period of time, to be complaints concerning prison condi• dents that involve either criminal acts willing to accept a lesser goal. tions and demands for improvement. or the mentally disturbed. If a hostage Hostages-The Stockholm Taking hostages gives the prisoners is taken in a criminal situation, it is Syndrome more bargaining power and a signifi• usually because the criminal was un• cant amount of media coverage. The able to complete the crime and escape The hostages themselves play an fact that the hostages are law enforce• before the police responded, making important part in the negotiation proc• ment personnel increases the chance the taking of hostages a spontaneous ess. Although each individual's reac• of hostages being killed. The preferred event. The criminal's primary reason tion to being taken hostage is unique, a response to this type of incident is for taking hostages is to insure his own common set of behaviors referred to rapid police action before true leaders safety. Therefore, the demands are in• as the Stockholm Syndrome is likely to of the unruly group begin to emerge. If variably for safe passage and a means occur. The syndrome consists of one there is not rapid action, the negotia• of escape in return for the hostages' or more of the following behaviors: 3 tions should be carried out as if you lives. It is also very common for them 1) The hostages will begin to have were dealing with a mentally " normal" to demand additional money. positive feelings toward their criminal. A husband or wife may take a captors; child hostage in a custody or domestic 2) The hostages will begin to have Terrorists dispute. One person believes the other negative feelings toward the Terrorists take hostages with the is an unfit parent and should not have authorities; or intent of getting as much publicity as the child, and this is the only way he 3) The HI's will begin to develop possible for their cause. These inci• believes he can regain custody of the positive feelings toward their dents have usually been planned for child. hostages. months, and the HI's have the physi• All three of the behaviors do not cal and psychological support of their have to be present. Although it may not fellow members. Usually the demands occur to the same extent with all hos• of the terrorists will go beyond the tages, it should be assumed that at authority of local police departments, least some portion of this syndrome requiring involvement of Federal offi• cials. The likelihood of hostages being killed is very high, since the terrorists will have discussed this possibility and may be prepared to die as "martyrs."

June 1981 I 5 will be developed unless the hostage 5) The syndrome may aHect the more a human being rather than an has been abused or isolated." performance of the negotiator. If, anonymous person. The positive as- From a negotiation standpoint, the after hours of attempting to build pects of the Stockholm Syndrome sig- syndrome has both positive and nega- rapport and establish trust, it nificantly outweigh any negative tive aspects. The positive aspect is becomes evident that an assault aspects. Therefore, the development that the stronger the development of is necessary, it may be of the syndrome should be promoted in the Stockholm Syndrome, the less like- emotionally diHicult for the any way possible. ly it is the HT will kill the hostages. If negotiator to distract the HT Having discussed the Stockholm the third stage of the syndrome has during the initiation of an assault. Syndrome and the various personal- developed and the HT has developed In spite of these negative aspects, ities of hostage takers, the concluding positive feelings toward the hostages, promotion of the Stockholm Syndrome segment of this article will present in- it will be more diHicult for him to kill one will help us reach our primary goal- formation on the process of negotia- of them. The negative aspects include: the safe release of the hostages. tion. FBI 1) Any information coming from the There are a number of factors that (Continued next month) hostages may be unreliable. aHect the development of the Stock- 2) The hostages may deliberately or holm Syndrome.5 The most important Footnotes 1 Conrad V. Hassel, " The Hostage SituatIOn: Explonng unconsciously misrepresent the factor is simply the passage of time. the MotivatIOn and Cause," The Pollee Chief, September weapons held by the HT. They The second factor is whether the hos- 1975, and John G. Siratton, " The Terrorist Act of Hostage Taking: A View of Violence," Journal ofPolice Science and may have diHiculty describing the tages are isolated from the HT, and the AdmimstratlOn, January 1978, p. 1. is positive 2 Frederick J. Lanceley, "The Antisocial Personality as HT and may, in general, become third factor is whether there a Hostage Taker," unpublished manuscript, FBI Academy, an advocate of the HT. contact between the HT and the hos- QuantiCO, Va. , Frank M. Ochburg, " What is Happening to the Hos- 3) The syndrome may cause tages. If the hostages are kept in fre- tages in Tehran?" PsychiatrIC Annals, May 1980, p. 186. interference with plans to rescue quent contact with the HT and if the • Thomas Strentz, " Law Enforcement PoliCy and Ego Defenses of the Hostage," FBI Law Enforcement Bulletin, the hostages. Hostages may act contact is characterized by lack of neg- April 1979, p. 1. counter to the commands of the ative experience, the passage of time 'Ibid. police during an assault. This has will help the development of the Stock- caused the death of some holm Syndrome. Conversely, if the HT hostages, who paradoxically abuses the hostages or if the hostages stood up when ordered to lie are isolated, either by being in a sepa- down when police began firing. rate room or by being hooded, the There are also documented passage of time will not significantly incidents of released hostages aid in the development of the Stock- who, after having been debriefed holm Syndrome. by the police, made their way If it is known that the hostages are back through the barricades and hooded or isolated, every attempt reentered the hostage situation. should be made to get the HT to inter- 4) Sometimes, due to mistreatment act with the hostages. He could be or isolation, hostages do not asked to gather such information as develop the Stockholm names of hostages or names of rela- Syndrome. In this case, they may tives and children or information con- deliberately exaggerate the cerning the medical condition of the stated intentions, actions, and hostages. Each of these interactions weapons carried by the HT. between the HT and the hostage will These hostages later stated that personalize the hostage, making him they wanted the police to believe the HT was as dangerous as possible, hoping the police would kill him.

i

6 I FBI Law Enforcement Bulletin Preliminary figures for 1980 reveal Index offenses. The greatest increase · Preliminary a 10­percent increase in the volume of (14 percent) was recorded In cities with Crime, when compared to those of populations of over 1 million. The vol- 1980 Figures 1979. These figures, compiled from re- ume of crime in rural areas rose 12 ports submitted by over 12,000 law percent, and suburban areas regis- enforcement agencies across the Na- tered an overall rise of 9 percent Show Rise in tion, represent the most significant re- Regionally, the Southern States corded increase in Crime Index showed the greatest increase­ll per- Crime offenses since 1975. cent. Crime in the Western States was Violent crimes, as a whole, rose up 10 percent; the North Central 13 percent, while property crimes in- States, 9 percent; and the Northeas- creased 9 percent In volume. Robbery tern States, 8 percent. was up 20 percent; forcible rape, 9 The final crime figures for 1980 percent; aggravated assault, 8 percent; will be published 10 the annual publica- and murder, 7 percent. A 14­percent tion, "Crime in the United States," Increase in burglary was recorded, which is scheduled for release in the while larceny­theft and motor vehicle fall of this year. theft were up 8 and 2 percent, respec- tively. Sufficient data were not availa- ble to establish reasonable trends regarding arson, the fourth property crime. Cities of all sizes, as well as subur- ban and rural areas, reported in- creases in the total volume of Crime

The Association of Former Agents Law enforcement personnel may Award to be of the U.S. Secret Service, Inc., be nominated by any source, but must (AFAUSSS) will again present an annu- have the endorsement of the chief of Given for al cash award to a deserving law en- police or agency head. Each nomina- forcement officer, alive or deceased, tion must also be accompanied by a for exemplary performance In any as- brief statement of specific circum- Exceptional pect of law enforcement work. stances involving the distinguished law Any sworn full­time officer below enforcement performance, supple- Service in the rank of chief who is serving in a mented by supporting documentation, city, county, State police, or Federal such as departmental citations, letters Law law enforcement agency in the United of commendation, newspaper clip- States is eligible for nomination. Ex- Pings, or copies of reports. Enforcement ceptional achievement in any law en- The review and final selection of forcement endeavor, including but not the winner will be made by the Board limited to extraordinary valor, crime of Directors of the AFAUSSS and will prevention, drug control and preven- be announced at the annual confer- tion, investigative work, traffic safety, ence in October 1981. juvenile programs, community rela- Letters of nomination must be re- tions, training programs, and innova- ceived no later than August 15, 1981, tive approaches to law enforcement, and should be mailed to: qualifies an individual for nomination. Association of Former Agents of the The act or incident for which the nomi- U.S. Secret Service, Inc. nation is made must have occurred Post Office Box 31073 during calendar year 1980. Washington, D.C. 20031

June 1981 I 7 Results Management (part I)

By The Colorado State Patrol is a law Any successful organization has MAJ. JOHN N. DEMPSEY enforcement agency with 552 uni• to set individual goals. Objectives, Staff Administration formed officers directed by a chief. The costs, and quantity and quality of out· and State of Colorado is geographically di• put are a" part of the normal process. PAMELA A. HAMM vided into six field districts under the The essence of management by objec• Results Management Coordinator direction of a major. Each of the field tives is to take these overall goals and Colorado State Patrol districts is commanded by a captain, translate them into plans of action for Denver, Colo. and the districts are further subdivided every member of the organization, so into 18 troops, each having a lieuten· that each has clear objectives for his ant as the officer in charge. particular area of responsibility. Similar to private enterprise, the When implementing management Colorado State Patrol is interested in by objectives (MBO), top management producing a profit-a profit in lives establishes the overall goals or direc• saved, accident and vehicle crash inju• tion for the entire organization. Keep• ries reduced, and energy conserved ing within these overall goals, each through lower traffic speeds. Budget, manager then involves a" employees manpower, recruitment, and constant working with him to set specific objec• change force continuous upgrading in tives to be obtained, while simulta• the management of an organization. neously forming precise levels of In order to address these desired performance and the method changes, the Colorado State Patrol ex• of measuring this performance. At the amined alternative management end of the period, each manager re• styles. In 1977, the decision was made views his operation to check actual vs. to implement a program known as re• planned performance. sults management, which combines The simplicity of MBO is decep• management by objectives and partici• tive. Experience has shown that for patory management. most managers, the effective use of management by objectives takes train• ing and practice; however, it is a tool ~ by which anything may be managed.

8 I FBI Law Enforcement Bulletin Major Dempsey Ms. Hamm Chief C. Wayne Keith

The Colorado State Patrol made History The pilot program was successful• the decision to address all goals to the In the spring of 1975, the Colorado ly implemented in both a rural and an actual result in terms of: Patrol began a project funded by the urban troop. In the first 6 months of 1) Accident reduction; Division of Highway Safety to develop operation, the accident rate in the pilot 2) Fuel conservation; a management information system that areas was reduced by 12 percent, re• 3) Auto theft reduction; and computerized and enhanced an exist• sulting in an economic benefit of 4) Motorist assistance. ing activity reporting system. The sys• $415,000. During the same period, the Several positive effects result tem was fully implemented in June percentage of drivers exceeding 60 when objectives are directed toward 1977, and for the first time, provided m.p.h. was reduced by 17.7 percent, meeting overall organizational goals. up-to-date information for selective en• with a commensurate reduction in pe• 1) Plans of action are developed forcement on accidents and citations. troleum consumption. within all levels of the During the implementation of the In January 1978, a full results organization; patrol management information sys• management implementation plan was 2) Useless or conflicting activities tem, it became evident to the project developed. During its development, the are avoided through coordination; team that there was a need to develop project team concluded that this was 3) Greater commitment toward a new style of management that would not an experiment in the laboratory achievement is obtained because more clearly address the results the sense of the word. Management by goals and objectives are patrol was attempting to achieve. objective systems have been success• established by each manager After considerable review, it was fully administered in hundreds of orga• with, not for, his subordinates; determined that management by ob• nizations throughout the world. There 4) Members of the organization are jectives offered the greatest possibility is nothing experimental about its con• motivated by the identification of for successful implementation. Such a cepts-they have been proven even in targets; and system allowed the patrol to identify police agencies. The plan was based 5) Success can be measured by clearly quantifiable goals and objec• proven methods, which can act tives. It also provided feedback on the as an effective vehicle for future degree to which objectives were met growth and movement of the and clearly identified the resources organization. necessary to achieve various objec• tives. In January 1977, a policy state• ment was issued outlining manage• ment's support of results management and directing the implementation of the program in two troops as a pilot pro• gram. This was the initial phase of statewide implementation.

June 1981 / 9 on the assumption that results man• speeding, lack of vehicle maintenance, agement concepts can be successfully "Results management and many others. Driver behavior, in put into effect within the patrol and turn, is affected by many factors, in• presented a rational, evolutionary increases the clarity of cluding those which involve troopers, methodology for successfully imple• direction, commitment, such as enforcement, contacts, gener• menting the program. and application of al visibility, safety presentations, oral The purpose of developing an efforts toward . . . warnings, and written warnings. The MBO system of management in the Colorado State Patrol approach in• patrol was to focus resources more goals." volves developing measurable objec• effectively on the primary goals of the tives for each of the three phases of organization which, as stated in the the traffic safety management process fiscal 1977-78 patrol budget, were The department's results manage• rather than for just the activity portion. highway safety, efficient traffic move• ment program was designed to help This is done jointly by troopers, ser• ment, and energy conservation. If the communicate priorities to the public, geants, lieutenants, and captains in patrol focused its management re• legislature, and other governmental each of the districts. There will be a sources on achieving its primary goals, agencies in terms they can understand contract between each level in the it would do a more effective job of and measurability to which they can chain of command as to what they will meeting these goals than if it focused relate. Middle and upper management individually and collectively contribute its resources on the generation of ac• asserted that the department had un• in achieving the objectives. At the high• tivities. Enforcement, accident investi• clear organizational direction and its est level, success is achieved if the gation, and motorist assistance were activities were not focused on common rate of accidents is reduced, fuel is identified as activities to achieve its goals. It was difficult to relate field and conserved, and the traffic flows goals rather than being goals them• staff efforts because of this absence of smoothly. selves. common goals. During fiscal year 1978-79, the Results management increases Implementation patrol expanded its departmental goals the clarity of direction, commitment, To implement results manage• to include equal employment opportu• and application of efforts toward clear• ment effectively, a timetable should be nity and improvement of economic sta• ly identified and commonly agreed established. There are many factors to tus by reducing losses of auto theft. In upon goals. consider and each troop will use differ• January 1979, the program expanded The patrol should perform those ent milestones. The phases can run and all troops had written objectives activities which achieve the maximum simultaneously and should not be seen supporting the department's goals. benefit toward its stated goals. This as mutually exclusive. Each manager Full implementation requires total true selective enforcement effort may should set a timetable that reflects the involvement of all organizational levels be similar to the current levels of activi• individual needs of the program. in the objectives-setting process. It ties or it might be different. By monitor• was projected that by January 1981, all ing the achievement of its goals, the Phase I-Education Process uniformed members of the patrol would patrol can adjust activities to achieve The initial phase is the education be working effectively in a coordinated greater goal optimization. process. This phase has traditionally effort toward departmental goals. Figure 1 represents the traffic taken from 2 to 4 months or longer, safety management process. Acci• depending on several variables includ• Purpose dents, excess fuel consumption, and ing: In the past, it was difficult to com• traffic flow problems are negative re• 1) Amount of exposure to results municate the department's direction sults caused by undesirable driver be• management; clearly to the legislature and the public havior, such as drunk driving, 2) Number of members involved in because priorities were internally rath• the program; er than externally oriented. Priorities 3) Geographic distribution of man• addressed the department's activities power; and rather than how they would improve 4) External factors which limit the transportation in Colorado. We as• amount of time and energy that sumed public support for our activities can be spent in the implementa• but had not solicited public opinion or tion. review.

10 / FBI l aw Enforcement Bulletin Figure 1 Also important in results management is flexibility. Throughout the implemen- tation process it is important to main- tain flexibility in order to adapt to Traffic Safety Management Process concerns that arise. Therefore, the pro- gram initially designed may not resem- ble the program that is put into effect. The follOwing are steps in the de- sign of the program: 1) Establish management preroga• tives that are necessary to oper- ate properly and explain prior to implementing results manage- ment. It is necessary that the ground rules be clearly defined. Failure to do this from the outset This phase of the program should Phase II-Selling will destroy credibility and will in- not be shortened and should remain Once supervisors have become sure failure. flexible. Education is an ongoing func- thoroughly familiar with the philosophy 2) Evaluate the organizational struc• tion of results management throughout and potential of results management, it ture of the area of responsibility. its implementation. In the transition, is time to begin the selling process to Operationally, there have been the manager must become thoroughly all other members of the department several structures used success- familiar with tools available to him, Suggested formats include individual fully within the patrol: ranging from goals and objectives of training, group training, and troop a Team concept­a set number the department, to publications and meetings. of troopers are assigned main programs on results management or The selling program should include: responsibility in a given locale MBO, to departmental reports, man- 1) Results management philosophy; and objectives are written for uals, and surveys. 2) How it will affect the operations of the team. In order to implement successfully the department, district, and b. Individual assignment­each results management, the manager troop; trooper has a deSignated main must educate himself, recognize a 3) What their role will be; target road and sets individual change in attitudes, and become com- 4) How other results management objectives. fortable with the idea that this will as- programs within the patrol oper- c. Combination­within each sist him in managing his troop. Change ate; and troop, it may be necessary to is brought about by internalizing the 5) Administrative program support. use both of the above struc- organizational philosophy in such a tures. way that results­oriented behavior is Phase III-Program Design Each of these structures should positively reinforced. Once confident that the selling be designed to meet individual It is imperative that a results man- program is well on its way, the next needs. One may experiment with agement program become not sim- step becomes the design of the pro- any of these three or find another ply a facade but a philosophy by which gram that best meets the needs of the method that meets with the re- to manage. Only through the change in individual department It must be re- sults management philosophy to philosophy can a successful program membered that results management is use in the individual area. be implemented. a philosophy. The specific application of this philosophy differs from troop to troop. When developing the program, the needs of the individual troop and how those needs can best be met through results management should be constantly kept in mind. The manager should design a program that is tai- lored to best meet the desired results.

June 1981 I 11 3) Define the role of al/ troop mem• Ample time must be allocated to Part " of this article will dis- bers. This becomes supplemental these initial concerns, and all assigned cuss program planning, establishment to the current job description of troopers should have a major voice in of objectives, targeting, the renegoti- each member and is necessary to this process. ation process, graphics, team meet- insure smooth operation of the ings, individual performance review, program. Setting Goals and quarterly progress reviews. FBI a. Will there be team leaders? If General departmental goals for (Continued next month) yes, what responsibilities will the Colorado Highway Patrol are es- they have? tablished by the Highway Commission b. What are the responsibilities of and the executive director for the over- the sergeant? On what level of all guidance of all divisions. Priorities objectives should they man- are set with feedback from staff, mid- age? dle management, other organizations, c. What responsibilities will tech- and the public. Throughout this proc- nicians have? ess there is constant vertical communi- d. Who will be responsible for co- cation. ordination, feedback, and eval- The intent of the department goals uation? is to state overall nonspecific intent- e. How will troopers be used for the goals are not "cast in concrete." special duty­auto theft, Goals must be established before ob- warrants, or range? jectives can be set. These goals then become umbrellas under which objec- tives can be formulated.

Preliminary 1980 figures of the killed responding to disturbance calls Fewer FBI's Uniform Cnme Reporting Pro- (13), in ambush SItuations (6), by men- gram reveal a decrease in the number tally deranged persons (2), and trans- of law enforcement officers killed in the porting a prisoner (1). Ninety­one Officers line of duty in the United States and itS percent of the 103 murders have been territories In 1980, a total of 103 offi- cleared by law enforcement aQ8l1C18S Killed cers were sfain feloniously, whereas In 91 percent of the officers' mur- 106 were killed In the line of duty the ders, firearms were the weapons used; prevIOUS year 68 were killed by handguns, 19 by i e Sixty­three of the slain officers rifles, and 13 by shortguns. Of the were city policemen, 19 were em• other nine victims, 8DC were slain by of ployed by county law enforcement vehicles and three were knived. agencees, 12 were State-level officers. There were more officers (16) and 2 were Federal agents The re- killed in December than In any other Du malrq 7 victims were officers in the month, whereas March was the month Nation's territories in which only 1 officer was slain. Twenty­one of the officers slain RegIOnally, 46 officers' lives were were responding to robbery calls or taken In the Southern States, 23 In the pursuing robbery suspects, 8 died Northeaatem States. and 14 each In when ....1I1g tugiary-in-progr888 the North Central and Western States. calli or pungng burgIaIy auapects, In Puer10 Rico, there were SIX police and 18 were attempting arrests for 0th• killinga, and one occurred In the U S er crimas. Seventeen officers lost their Virgin lalande lives whIIe1nveellgating Iuapk:Ioua per• aona end ~ and another 17 a result of tIaffIc purauI\I or ",. f8I'IIIinda' were

12 / FBI Law Enforcement Bulletin The Honorable William French Smith

ber and former chairman of the Board of Regents of the University of California, he is also a member of the Advisory Council at the Harvard University School of Government. Mr. Smith has served on the Advisory Board of the Center for Strategic and International Studies of Georgetown University, as a member of the U.S. Advisory Commis• sion on International Educational and Cultural Affairs, and from 1963 to 1972, as director of the Legal Aid Foundation in Los Angeles. The Attorney General is a member of the American Bar Association, the State Bar of California, the Los An• geles County Bar Association, the American Law Institute, and the Ameri• can Judicature Society. He received the University of California Outstanding University Service Award in 1971 and the Human Relations Award from the American Jewish Committee in 1979. He was named the University of Cali• fornia Alumnus of the Year for 1981 . In 1968, Mr. Smith was the chair• man of the California delegation to the Republican National Convention and was vice chairman of the delegation in 1972, 1976, and 1980. The Attorney General is married to the former Jean Webb Vaughn. They have four children-William French Smith, III, Stephanie Oakes Lorenzen, Scott Cameron Smith, and Gregory The Honorable William French Naval Reserve, reaching the rank of Hale Smith. FBI Smith became the 74th Attorney Gen• lieutenant, and in 1946, joined the Los eral of the United States on January Angeles law firm of Gibson, Dunn, and 23, 1981, succeeding the Honorable Crutcher, becoming a senior partner Benjamin R. Civiletti. before his appointment as Attorney Mr. Smith was born in Wilton, N.H., General. and graduated summa cum laude from Throughout his distinguished the University of California at Los An• career, Mr. Smith has taken an active geles, where he was elected to Phi role in a wide range of civic, profes• Beta Kappa. He then attended Harvard sional, and academic organizations. He University Law School, receiving an served as a trustee of the California LL.B. degree in 1942. From 1942 to Chamber of Commerce and since 1946, Mr. Smith served in the U.S. 1970 has been a member of the Los Angeles World Affairs Council. A mem•

June 1981 I 13 A carnival operation often investi- Then, by using a measuring tape and gated by authorities is the basket plumb line, a triangle is constructed, as game. An earlier version consisted of a shown in figures 1, 2, and 3. By com- bucket with a fraudulently constructed paring these three figures, it is evident interior. However, because investiga- that the variance in the angles will tors were generally aware of this sham, greatly affect a player's chances of a newer game was developed using winning. The greater the slant of the soft balls and a bushel basket fastened board the more difficult it will be for the by either nails or screws onto a board. thrown ball to stay in the basket. This adaptation, however, does When conducting an investigation, not guarantee that the game will be it is necessary to measure accurately operated honestly. For while this later the length of the board and the vertical The version does not possess the same and horizontal distances and then fraudulent interior, there is another carefully calculate these meas- important factor which should be urements. Investigators should also be considered when conducting an inves- aware that carnival operators can easi- tigation­the angle of the basket. ly alter the angles to their benefit. Basket There are other ways in which the Whether a thrown ball will remain in the basket is greatly dependent on this operator can control the outcome of factor. the game. For example, a ball hitting Initially, all items surrounding the the bottom of a basket first will tend to Game basket should be removed so that ac- fall out if the slats of the basket are curate measurements can be made. loose. Or the carney may stand along- side the basket and hit the sides first so

Plumb Line

t­_____Identical horizontal & vertical measurements

14 I FBI Law Enforcement Bulletin that the ball circles the sides and stays inside. Sometimes the operator may leave one or more balls in the basket, causing a thrown ball to stay in the basket if it hits one of the other balls first. The condition of the balls used in the game is important and may vary greatly. Soft balls are light and springy, while solid ones are heavy and dead. A player's distance from the basket and the clearance between the basket and any hanging objects will limit the arc of the ball, and of course, the player's chance of winning. A careful observation of the oper• ation and accurate measurements will greatly assist in justifying seizure of materials and in developing a case against the operators in court. Assist• Figure 3 ance in all facets of the investigation can be furnished by gambling examin• ers of the FBI Laboratory. FBI

Figure 2

45"

t----1/2 of diagonal----I 1-----16.5..'---~

June 1981 / 15 "D

16 / FBI law Enforcement Bulletin N" A One-of-a-Kind Tactical Training Facility

By L T. JACK DROWN Public Affairs Division San Diego County Sheriff's Department San Diego, Calif.

June 1981 I 17 It happens more often than we like date simulated exercises in a realistic to admit. A hostage situation turns " .. . trainers are using situation. sour, a sniper wounds four school• The San Diego County Sheriff's children, or a robbery suspect holes up the facility to present Department recognized the lack of a in a hotel room threatening suicide. the unexpected and realistic tactical training facility as a Responding to one of these calls control the deficiency in training both recruits at can be a harrowing experience, never unpredictable in a the sheriff's academy (recently merged routine. For this reason, officers with the San Diego Police Academy to involved in such crisis situations need realistic environment form a regional academy) and veteran realistic training exercises in order to that allows for deputies during inservice programs. be able to make quick, fair decisions practical application of Personnel assigned to the sheriff's and take appropriate actions. But how training division believed tactical train• many rookies, or for that matter, vet• learned techniques." ing could be improved considerably eran cops get such training? How do with the construction of a multipurpose they develop the ability to answer a training program, yet few departments training complex designed to include crime-in-progress call with confidence? have the ability to train recruits ade• numerous buildings of varying sizes There are many reasons why police quately. Most training becomes limited and configurations-at least one two• training efforts often fall short in to classroom lecture, training bulletins, story structure, paved roadways, open achieving their desired end results. and briefings conducted by super• space, and accommodations for a The resources so necessary to provide visors. shoot/don't shoot decision course. Un• efficient, effective training programs• The inability to train adequately is fortunately, the cost of such a facility to manpower, time, money, and physical most often evident in tactical situa• a public agency was prohibitive. facilities-are scarce in large agencies tions. Realistic training for crowd con• But the cost was not prohibitive to and frequently nonexistent in small trol problems, hostage and barricaded a private service organization with the ones. Everyone in law enforcement ad• suspect situations, crimes in progress, sole purpose to support effective law ministration wants a comprehensive and the like is nearly impossible to enforcement for citizens of San Diego conduct because seldom do agencies County. In 1974, the Honorary Deputy have facilities designed to accommo• Sheriff's Association of San Diego County voted to finance and construct

18 I FBI Law Enforcement Bulletin Today "Duffystown," named for "... [the] facility ... the current sheriff of San Diego County, is complete to the smallest serves to demonstrate detail. The businesses within the city the very important role block are fronted by a paved street. citizens' groups can Street lights, a traffic signal, mailbox, and phone booth add to the realism play in supporting the of the setting, and a duel­a­tron shoot• needs of law ing course can be placed in any of enforcement...." the businesses offering various scenarios. The facility provides practical ap• a tactical training facility that would be plication training in building searches, available for use to all law enforce• crime scene investigations, hostage in• ment agencies in the San Diego area. cidents, patrol tactics, armed robbery The Honorary Deputy Sheriff's As• incidents, Special Weapons and Tac• sociation is comprised of some 400 tics (SWAT), vehicle stops, crowd con• private citizens and is organized under trol, sniper incidents, reaction shooting California law as an unincor• techniques, bomb and arson detection, porated, nonprofit association. One Lieutenant Drown and explosives and narcotics detec• of the primary purposes of the group, tion. Another feature of the facility is as stated in the association's by• the ballistics test shed. With this, the laws, is to "initiate, sponsor, promote different ammunition characteristics• and carry out plans, policies and activi• velocity, penetration, expansion, and ties which will tend to further the goals, accuracy of all calibers-can be test• objectives, activities and development ed. Canine units are also trained at the of the San Diego County Sheriff's facility, since they are an invaluable Department specifically, and law en• law enforcement tool because of their forcement generally." usefulness, cost effectiveness, and By 1977, a committee comprised psychological deterrent. of members of the association and Regular users of the facility in• department representatives had been clude the San Diego County Regional formed, preliminary site preparation Law Enforcement Academy, as well as completed, and an architect hired to the Sheriff's Special Weapons and put the final touches on the design Tactics Team and tactical units from plans. A full city block including stores, many other regional agencies. Suc• a bank, a hotel, and various other store cessful trainers are using the facility to fronts would be constructed by the present the unexpected and control spring of 1980. The final price of the the unpredictable in a realistic environ• facility exceeded $300,000. ment that allows for practical applica• Sheriff John F. Duffy The honorary deputy sheriffs paid tion of learned techniques. for the complex through dues and pri• vate donations. Several members and private organizations "purchased" buildings at the training site, buildings that now bear the names "Pepsi Cola," "Bank of Commerce," "Atlas Hotel." Then in March 1980, the entire tactical facility was given to the County of San Diego by the Honorary Deputy Sheriff's r Association.

June 1981 / 19 Since the opening of the facility, more than 750 officers have participat• ed in various training programs con• ducted at the facility, and the number is expected to increase steadily in the coming years. Although donated to the County of San Diego and operated by the sheriff's department training divi• sion, Duffystown is available for use to any city, county, State, or Federal law enforcement agency having a need for such a facility. Almost as vital as the training be• ing received is another important as• pect of the facility. The construction of the sheriff's tactical training facility in San Diego serves to demonstrate the very important role citizens' groups can play in supporting the needs of law enforcement at a time when usual re• sources are unavailable. And, as a re• sult of this community effort, a "one-of• a-kind" training center has brought controlled realism into the difficult task of preparing law enforcement of• ficers for those not so usual unusual occurrences. lBI

20 / FBI Law Enforcement Bulletin "No one is going to stand in the Stampeding path of a stampeding elephant but many think nothing of impeding the Elephants progress of an automobile, and the consequences are about the same," said Col. Eldrige Beach, Director, Flor• ida Highway Patrol. "When joggers, pedestrians, or bicyclists challenge a moving motor vehicle for the right of way, there is usually no doubt who will win, and it is not the 175-pound unpro• tected individual. Joggers should not run after dark, should always wear bright clothing, and should always run against traffic when on the roadway."

The Police Executive Research The study notes that insufficient Traditional Forum and the Birmingham Police De• attention has been given to differentiat• partment jointly conducted a study on ing between calls-those which require Police traditional police response practices. rapid police response with those that As a result of this study, which was do not. The system proposed in the Response funded by the U.S. Department of Jus• study would enable police operators to tice's National Institute of Justice, a collect vital information from callers, Practices• published report entitled Differential and then in turn, categorize the call Police Response Strategies sets forth appropriately according to time of oc• alternative, comprehensive plans currence and extent of harm or loss. Is There a which police departments can use in This system permits the dispatcher to lieu of the established police response make a predetermined choice as to the Better Way? tactics. The report stresses the use of most suitable police response. these alternatives in view of budgetary Differential Police Response cutbacks, dwindling resources, and the Strategies emphasizes the need to de• need to redirect manpower to more velop new call classification systems productive areas, such as responding that do more than simply sort calls to critical calls rapidly and fighting according to legal categories. A sys• crime. tem which differentiates calls on the For the whole range of demands basis of real or potential danger to by citizens for police service, the study citizens and levels of loss or damage proposes a method for properly match• to property is needed. However, the ing an agency's resources with the Forum's executive director stresses specific requirements presented by the that for this system to work, police different types of citizen calls. operators and dispatchers must be properly trained and supervised and police managers must be willing to question present procedures for han• dling calls and recognize that commu• nications plays a critical role in the type and quality of police service provided to the community. Copies of the report can be pur• chased through the Police Executive Research Forum, 1909 K Street, Northwest, Suite 400, Washington, D.C. 20006 or by calling (202) 466-7820. Cost of each copy is $7.

June 1981 / 21 Generally, typewriters and the printing sources in a word processing system currently can be equipped with conventional typebars, a single ele- ment ball, or a printwheel. A typewriter is a machine which has very limited or no memory capabilities. However, a final typewritten document cannot be determined to have been the result of a typewriter or a word processing system. Developments and changes in the typewriting industry require that the in- vestigating officer be fully updated re- Examination garding these advancements. For a typewriter examination by the FBI Lab- oratory to be of value to the investiga- tion and prosecution of cases, ofa investigators will have to be more knowledgeable regarding typewriters. Typewritten Basic Terms 1) Conventional typewriter using typebars­This popular typewriter has approximately 44 typebars Document connected to the keyboard. (See fig. 1.) 2) Typewriter using a single element or ball­This is a typewriter By David W. Attenberger equipped with one element con- And taining all the characters repre- W. Gary Kanaskie sented by the typewriter keyboard. (See fig. 2.) Special Agents 3) Typewriter using a printwheel Document Section (electronic typewriter)­This is a Laboratory Division typewriter equipped with a disc- Federal Bureau of Investigation type device called a printwheel. Washington, D.C. The printwheel contains all of the characters represented on the typewriter keyboard. (See fig. 3.) 4) Horizontal spacing­This is a measurement of the space a typewritten character occupies horizontally. The two most com- mon spacings in the United States are 10 characters per inch (pica style of type) and 12 char- acters per inch (elite style of type). (See fig. 4.)

22 I FBI Law Enforcement Bulletin 5) Proportional spacing­This type 7) Electronic typewriter­This ma- F'9ure 2 of horizontal spacing is not con- chine usually has the capability of stant. Each typewritten character typing 10, 12, and 15 letters to an can occupy a different amount of inch, as well as proportional horizontal space. The capital "M" spacing. occupies five units while the low- er case "i" occupies two units of History and Development horizontal space. Each unit is of Typewriters equivalent to 1/32, 1/36, or 1/45 Starting with the first commercially of an inch on the conventional successful typewriter in 1873 (Reming- typewriter. (See fig. 4.) ton), the machines used to prepare 6) Dual­spaced machine­This is a typewritten documents have pro- typewriter that is capable of typ- gressed and changed dramatically. Be- ing horizontally 10 characters or ginning with a typewriter using the 12 characters per inch. The hammer (type bars) which used only change of horizontal spacing is capital (uppercase) letters, intense done easily by the flip of a switch. competition between various compa- This is commonly found on single nies brought about continual improve- element (ball) typewriters. ments. In 1888, the "touch typing" spaced typewriter; in 1961 and 1962, system was introduced. In 1920, the single element (ball) typewriters were first portable typewriter was marketed; available; and in 1970 and 1971, dual- in 1940, IBM introduced a proportional pitched (spacing) machines were intro- duced. The mid­1970's produced elec- tronic typewriters and the use of "printwheels," "daisywheels," and disk­type wheels containing the type

Figure I styles. The printed text on a document can now be the result of a typewriter, a word processing system, or a high- speed printer. The two most frequently made typewriting examinations are determin- ing the make and model typewriter used to prepare the questioned docu- ment and determining whether a spe- cific known typewriter prepared the questioned document.

Classification of Make and Model Origirial typewriting is preferred for examination. In examining the typewrit- ing, the document examiner first deter- mines the horizontal spacing of the questioned typewriting. The typewritten text is then examined for any charac- teristics unique to a particular type- writer, typewriter manufacturer, or type manufacturer. If no unique character(s) are found, the questioned typewriting is searched through the typewriter stand- ards file. This file consists of American and foreign type styles collected by the FBI Laboratory over the past 50 years.

June 1981 / 23 misled by horizontal spacing andI or different alinement characteristics. Re• member, the same typewriter can type 10 letters and 12 letters per inch. Also, single elements and printwheels can be interchanged from one typewriter to another. This means that if a ball-type element or printwheel was used to pre• pare the questioned document, it is necessary not only to identify the sin• gle element or printwheel but also the specific typewriter. These compound considerations make the typewriter identification more complex. Unique identifying characteristics commonly found on type bar machines, such as broken or bent serifs on a particular character, are not found as frequently on single elements or print• wheels. This further complicates deter• mining whether the questioned document can be positively associated with a particular typewriter or typewrit• inQ source. In general, due to typewriter com• panies obtaining their type styles from the same manufacturer and due to the lack of unique identifying characteris• tics in the typewriting produced by sin• gle element and printwheel typewriters, the investigating officer should not ex• pect too many positive identifications involving typewriters equipped with single elements and printwheels. How• Once a known standard similar to Comparison of the Questioned ever, many associations and identifica• tions can be made when the the questioned typewriting is located, Typewritten Text With Known the questioned typewriting is compared Typewritten Exemplars conventional typebar machines are in• volved in the preparation of a typwrit• with the known standard to insure that When questioned typewriting is ten text. Finally, although the particular each character corresponds with the compared with known typewritten typewriter may not be positively identi• respective character on the known exemplars, three general areas of fied, it may be possible to determine standard. The known standard is also examinations are made: that a particular typewriter or typewrit• used to verify that all suspected de• 1) Size and spacing (vertical and ing source did not prepare the ques• fects in the questioned typewriting are, horizontal); tioned document. in fact, defects. 2) Type style; and Currently, numerous typewriter 3) Unique identifying characteris• manufacturers obtain type fonts from tics-character and alinement the same type font manufacturer(s). defects. Thus, many different brand name type• Using these three general areas, writers are equipped with a similar, if the FBI document examiner ultimately not identical, style of type. Without hav• tries to determine if a particular type• ing a complete keyboard of the ques• writer prepared the questioned docu• tioned text, it is often difficult to ment to the exclusion of all other determine on which specific brand typewriters. typewriter(s) the questioned typewrit• Referring to the machines previ• ing was produced. ously described as having dual spac• ing, single elements, or printwheels, the investigating officer must not be

24 / FBI Law Enforcement Bulletin Figure 4

This is Pica Spacing... Ten lett rs per h izontal incb

is is Eli e vein . ..Twel'e let er s er ~ =.:::=.;:;.:.:.==- ;;r - en

This is proportional spacing . .. M M i i M I M s 5 u N i

Obtaining Known Typewritten Also, examination of the typewrit- Typewriter Ribbons and Inks Exemplars ten exemplar may produce the Many typewriter ribbons, such as The following guidelines are sug- requested result, thus eliminating cloth, carbon with wax base ink, poly- gested for obtaining known exemplars cost and time involved in shipping ethylene and solvent coatings, mylar from a suspect typewriter: the typewriter to the Laboratory. based, etc., are commercially availa- 1) If the typewriter ribbon is obvious. However, when certain alinement ble. When both the questioned docu- Iy new, remove it from the type· or non printing areas are present ment and the typewriter ribbon are writer and send it to the in a questioned and known type- submitted, it is possible to determine laboratory with the typewriting ex- writing, the document examiner whether the questioned typewritten emplars prepared from another may require that the known type- tex1 was prepared by the ribbon ribbon. (The tex1 of the material in writer be submitted to the Labora- submitted or by another ribbon of the question may still be discernible tory for a more definite opinion to same general style. on the ribbon.) be reached. The FBI Laboratory does examine 2) Unless the questioned document 6) If possible, after a typewritten ribbons for suspected typewriting. Be- is excessively long, obtain its exemplar is obtained from a sus- fore submitting the ribbon for determin- complete text, including typo- pect typewriter, the investigator ing the tex1 appearing on a particular graphical errors. should insure that the typewriter ribbon, the investigating officer should 3) After placing the typewriter in a is kept in its current condition. For determine whether the tex1 is readable, stencil position or removing the example, dirty type face could be since not all ribbons removed from cloth ribbon, obtain samples of identified with a questioned text typewriters can be read. each character on the keyboard typed on that typewriter. How- It is hoped that this article will by typing through carbon paper ever, if maintenance and cleaning better prepare the investigating officer which has been inserted carbon of the type has been conducted to conduct a preliminary field examina- side down over a piece of white on that typewriter, the absence of tion of the evidence and better under- bond paper. the dirt particles on the type stand the opinions of the document 4) Make certain that each specimen wou1d change the appearance of examiner. The Document Section of contains the make, model, and the typewriting. the FBI Laboratory is always available serial number of the typewriter to answer any questions regarding from which it was procured, as questioned documents. FBI well as the date and the initials of the officer. 5) Typewriter specimens should be taken from suspect typewriter(s). It is usually not necessary to for- ward the typewriter to the FBI Laboratory if complete known ex- emplars are obtained. This will insure against loss or damage to the typewriter during shipment.

June 1981 / 25 In the Katz Eye Use of Binoculars and Telescopes (Part I)

By ROBERT L. McGUINESS Special Agent Legal Counsel Division Federal Bureau of Investigation Washington, D.G.

Law enforcement officers of other Until the landmark decision in Katz than Federal jurisdiction who are v. United States, 1 the traditional view of interested in any legal issue discussed what constituted a "search" for pur• in this article should consult their legal poses of the fourth amendment re• adviser. Some police procedures ruled quired a determination of whether permissible under Federal constitu- there was a physical intrusion into tionallaw are of questionable an area protected by the fourth amend• legality under State law or are not ment.2 The fourth amendment indicat• permitted at all. ed whatthose areas were, namely, "per• sons, houses, papers, and effects." Over the years, the Supreme Court had broadly construed the term "houses" to include generally any enclosed structure in which a person had a possessory interest.3 The term was also construed to include the "curti• lage," an area immediately surround• ing the house that was used for

26 / FBI Law Enforcement Bulletin domestic pursuits (the yard).4 The area The Katz Decision beyond the curtilage, characterized as This traditional view was changed " open fields," was not considered to radically by the Katz case. In Katz, the be within the meaning of the term Government, acting without a warrant " houses," even though legally owned or other judicial authorization, inter• by an individual, and thus was not ac• cepted defendant's end of telephone corded fourth amendment protection.5 conversations by means of two micro• Based upon these principles, it phones attached by tape to the top of was understood that if law enforce• two adjoining public telephone booths ment officers were in a place that they from which Katz regularly made calls.8 had a right to be, including the open Katz was subsequently prosecuted for fields of an individual, and acquired the interstate transmission of wagering evidence from that individual's prem• information by telephone in violation of ises without any physical intrusion into a Federal statute, and tape recordings those premises, such activity on the of the intercepted telephone calls were part of the law enforcement officers did introduced in evidence over his objec• not constitute a search, and hence no tion. The Government argued that compliance with the fourth amendment since no physical intrusion was made was required. 6 Thus, in Goldman v. into the booth and since it was not a SpecmlAgenlMcGumess United States,7 where Federal Bureau " constitutionally protected area" (the of Investigation (FBI) Agents, lawfully defendant having no possessory inter• present in an office adjoining defend• est as such in the booth), a search for ant's, placed a sensitive listening de• fourth amendment purposes did not vice against the wall in order to detect occur. In holding that there was a what was being said in defendant's search, the Court stated that it was office, the Court ruled that since there erroneous to resolve questions of was no trespass into defendant's fourth amendment law on the basis of premises, there was no search for whether a constitutionally protected fourth amendment purposes, and area is involved, " [f]or the Fourth therefore no warrant was required for Amendment protects people, not this activity. places." 9 This being the case, the reach of the "Amendment [also] cannot turn upon the presence or absence of a physical intrusion into any given enclo• sure." 10 The Court thus concluded that the Government's activities " violated the privacy upon which [the defendant] justifiably relied while using the tele• phone" 11 (emphasis added), and hence a search within the meaning of the fourth amendment had taken place.

June 1981 / 27 ". . . the view emanating from the courts is that visual enhancement devices can just as effectively violate one's reasonable expectation of privacy as aural enhancement devices."

Since no prior judicial authorization for use today, and second, society does Use of a Visual Enhancement the intrusion had been obtained and no not expect to be free from the non• Device To View Into an Open traditional exception to the warrant re• trespassing, uninvited eye, as opposed Public Area quirement was present, the fourth to the uninvited ear. This is reflected in Although by no means a settled amendment was violated. the fact that while extensive legislation question in view of language from Katz In cases following the Katz deci• exists regulating wiretapping and bug• that what a person "seeks to preserve sion, the Court appears to have used ging,16 no such similar legislation exists as private, even in an area accessible the phrases "reasonable expectation with respect to visual enhancement de• to the public may be constitutionally of privacy," 12 "legitimate expectation vices. This approach, however, has not protected," 22 there has been no case of privacy," 13 and "justifiable expecta• been explicitly adopted by any court to decided to date which has required a tion of privacy" 14 interchangeably in date, perhaps because of the notion warrant for a visually enhanced viewing characterizing when a fourth amend• that one should not have to live the life into an unenclosed public area, such ment search is present, and for pur• of a mole in order to claim fourth as a public street. 23 poses of this article, the words amendment protection.17 There is also "reasonable expectation of privacy" the realization that visual observations Viewlngs Into Premises are employed. can, in many instances, be more intru• When visual enhancement de• Underlying the Katz decision sive on privacy than eavesdropping on vices are used to view into premises seems to be the notion that one's pri• conversations. While there is no assur• though, the courts have not been in vacy can be just as effectively violated ance that what is said in a conversa• agreement in their analysis of the rea• through sense-enhancing devices as tion will not be repeated, a person's sonable expectation of privacy ques• through an actual trespass. 15 That be• actions may be taken in seclusion, with tion. This article reviews the cases in ing the case, can it now be said that the expectation that they are purely this area to date. use of devices to enhance one's vision private. 18 In these cases, the officers invari• (as opposed to hearing as was done in Thus, the view emanating from the ably did not have probable cause for Katz) constitutes a search for which a courts is that visual enhancement de• obtaining a search warrant prior to the warrant is required? This article ex• vices can just as effectively violate viewings; the observations supplied plores the treatment accorded this one's reasonable expectation of priva• the probable cause for the issuance of 19 question in the relevant cases arising cy as aural enhancement devices. warrants. Evidence was then seized since Katz. This raises the more difficult question pursuant to the warrants, with the de• First, it might be asked if there is of when and under what circumstances fendants subsequently claiming they some significant difference, in terms of a reasonable expectation of privacy were invalid because based upon ille• interests to be protected, between arises. Does it make a difference if the gally seized evidence, namely, the war• seizing aural evidence (words) and visual enhancement device is used to rantless viewings made with the sight seizing visual evidence. Can it be said view something in an open, public enhancement devices. Since this fact that observing a person's actions nev• area,20 as opposed to private prem• situation is present in all of the cases er infringes his reasonable expectation ises? 21 analyzed below, it is not repeated in of privacy? An argument can be made each case discussion. . as follows: First, binoculars and tele• scopes, as opposed to surreptitious bugging devices, are in rather common

28 / FBI Law Enforcement Bulletin The first post­Katz case to deal The facts indicated that the officer was Defendants challenged the with visual enhancement devices was approximately 50 yards from defend• Agent's binocular observations, con• Fullbright v. United States,24 a case ant's house at the time of making the tending they constituted a search for decided by the U.S. Court of Appeals observations. The case does not indi• which a warrant was required. In find• for the 10th Circuit. Law enforcement cate whether the defendant was within ing that the viewings did not constitute officers entered at night upon the open the curtilage of the house at the time of a search, the court reasoned: fields surrounding a farm. With the aid the observations. The court, without " Our case presents the situation in of binoculars, the officers were able to discussion, merely stated that the Gov• which it was incumbent on the sus• observe defendants operating a still ernment's activity "did not constitute pect to preserve his privacy from located inside a shed, a place the court an illegal search," 27 citing Hester, the ' visual observation. To do that the assumed to be within the curtilage of famous open fields doctrine case, and appellees had only to curtain the the house. The officers made these Fullbright, without any reference to, or windows. Absent such obvious ac• observations from a position 75 to 100 discussion of, the Katz decision. tion we cannot find that their expec• yards away from the shed. In holding Pennsylvania was next to scruti• tation of privacy was justifiable or that the warrantless observations did nize the use to which binoculars were reasonable. The law will not shield not violate the fourth amendment, the put in Commonwealth v. Hernley,28 a criminal activity from visual observa• court stated as follows: more complex case in terms of privacy tion when the actor shows such little expectations than either Fullbright or "[O]bservations from outside the regard for his privacy." 29 Grimes. In Hernley, an FBI Agent, act• curtilage of activities within are not In the Nebraska case of State v. ing on a tip, initiated a nocturnal sur• generally interdicted by the Constitu• Thompson, 30 the defendant did, in veillance of a printshop to determine if tion. . . . By this we do not mean to fact, curtain his window, but to no avail football gambling forms were being say that surveillance from outside a insofar as the court was concerned. printed therein. The Agent could hear curtilage under no circumstances Officers, validly present in an alley be• the presses in operation, but could not could constitute an illegal search in hind the defendant's premises, were see inside the shop due to the height able to view into defendant's living view of the teachings of Katz v. of the windows from the street. To United States. It is our opinion, how• room with binoculars and observe a remedy this, the Agent mounted a 4• ever, that on the record before us marihuana party in progress. Unlike the foot ladder from a position off defend• . . . the observations in question situation in Hernley, there was a sheer ants' property, 30 to 35 feet away. may not be deemed an unreason• curtain across the window, but it was From this vantage point and with the not a barrier to the binocular observa• able search ...." 25 aid of binoculars, the Agent was able tions. Defendant also employed drapes Fullbright was subsequently cited to view into the premises, detecting on the window, but at the time of view• as authority for upholding binocular ob• football parlay sheets being printed ing, they had been drawn back. With• servations in another case decided 2 inside. out mention of the Katz case, the court years later by the Fifth Circuit Court of held that the officers had a right to be Appeals, United States v. Grimes.26 In where they were when they made the this case, the officer, situated in a field observations and that " there was noth• belonging to another, was able to ob• ing unlawful in their use of binocu• serve, with the aid of binoculars, the lars." 31 defendant on his property. The defend• ant was engaged in placing cartons of untaxed whiskey into an automobile.

June 1981 I 29 While the court in Thompson did The same reasoning was applied kitchen windows. Neither window had not discuss the significance of the fact in People v. Ferguson,35 another Illi• curtains on them. In addressing de• that the drapes were not drawn on the nois case decided the same year. A fendant's fourth amendment claim, the occasion of the viewings, an Illinois daytime surveillance was begun of a court noted that while a third-floor court in the case of People v. Hicks 32 second-floor apartment after an officer apartment might have a higher incre• did. There, officers were investigating observed suspicious activity outside ment of privacy attached to it than a possible gambling activity in the first• the building. From a vacant lot approxi• street-level apartment observable from floor suites of a hotel in Chicago. On mately 60 feet from the building, the the street, the suspectibility of the one occasion, an investigating officer officer employed binoculars to view apartment to observation from the made a warrantless 1: 00 a.m. viewing into the apartment 45 feet above the apartment directly across was evident. into one of the suspected rooms using ground. The officer's surveillance was As such, the court pointed out this was night binoculars and observed appar• interrupted at one pOint by the curtains an even stronger case than the previ• ent gambling activity taking place. The of the apartment being drawn. By ous Pennsylvania case on point, Com• court does not mention the position of means of the binocular observations, monwealth v. Hernley, in which a the officer in making the viewings, but the officer was able to detect illegal ladder had to be mounted in order to it was apparently a place that the offi• gambling activity within the apartment. make the viewings. Following the rea• cer had a right to be. The facts indicat• The court held that such observations soning of Hemley, the court concluded ed that on some occasions the did not amount to a search. " [D]efend• that the occupants could have pre• curtains in the suite were drawn; on ant made no effort to block an outsid• cluded all observations, including others, they were not. The binocular er's view through the apartment those made by the startron, by the observations were made when the cur• window." 36 The court stated that under simple expedient of curtaining the win• tains were not drawn. The court found the Katz rule, "a person may not even dows. Thus, the defendant had no rea• that there was no intrusion into defend• be protected in his own home when he sonable expectation of privacy from ants' reasonable expectation of priva• manifests activities to the 'plain view' observations made into the apartment. cy, and in so deciding, considered it of outsiders 'because no intention to While the defendant in Williams significant that the curtains were drawn keep them to himself had been exhibit• did not contend that the time of day on some occasions, but not on others. ed.''' 37 was a factor to be considered in as• The court concluded: "Certainly, then, The Pennsylvania case of Com• sessing a reasonable expectation of since the defendants were aware of a monwealth v. Williams 38 offered a privacy, the U.S. Court of Appeals for need to pull the curtains on two occa• slight factual variation from Ferguson. the Fourth Circuit considered this as sions, they cannot claim that they ex• The defendant claimed that the third• relevant in United States v. Minton. 40 In pected privacy on the other floor location of his apartment gave Minton, U.S. Treasury agents stationed occasions." 33 In its decision, the court him a reasonable expectation of priva• themselves beyond the curtilage of de• also noted that "we have been unable cy from government intrusion by visual fendant's house on a 12- to 14-foot to find a single case which has ex• enhancement devices. The officers high embankment overlooking a struc• tended [the Katz] doctrine to find a use were located on the third floor of a ture belonging to defendant 80 to 90 of binoculars improper." 34 residence directly across from the feet away. From this position, shortly apartment in question, 40 to 50 feet after 6:00 p.m. on a November eve• away. In order to pierce the darkness, ning, the agents noted a truck's arrival the officers used binoculars and a "star• on the property. By the use of binocu• tron" 39 to view into the living room and lars, the agents were able to observe cartons containing illicit whiskey being unloaded from the truck. The court found that no reasonable expectation of privacy of defendant's was infringed by the visually enhanced observations

30 I FBI Law Enforcement Bulletin "considering the time of day and all the Footnotes 21 "Premises" IS used In the context of the house and '389 U S 347 (1967) the curtilage surrounding the house. surrounding circumstances." 41 The 2 Silverman v Untied Siaies. 365 U.S. 505 (1961). 22 Supra note t , at 351. court did not describe in any greater , See McLaughlin. " Search by Consent:' FBI Law 2J See. e.g . Commonwealth v. OrtiZ, 380 N.E.2d 669 EnforcemenlBullelm. December 1977. (Mass. Sup. JUd. Ct 1978) detail what was meant by this refer- • See. e g . Rosencranz v Untied Siaies. 356 F 2d " 392 F.2d 432 (t Oth C" ), cert dented, 393 U S. 830 ence to the time of day. This language 310 (1st C,r. t966). (1968). 5 Hesler v Untied Siaies. 265 U S 57 (1924) 25 Id at 434­35 suggests, however, that if the cover of 6/d 26 426 F.2d 706 (5th C,r. t 970) darkness had been present, the court r 316 U.S. 129 (1942). 27 fd at 708. • See the Court of Appeals decIsion of Kalz for these 28 216 Pa. Super. 177, 263 A2d 904 (1970), cert. would have found a more difficult priva- add,honal facts surrounding the recording of the demed, 40t U.S. 9t4 (l97t). cy question presented. conversahons. Kalz v. Untied Siaies. 369 F.2d 130 (9th '"Id. at 907. C". t966). JO 196 Neb. 55, 24t NW2d 5t t (1976). Should the area observed within • Supra note I. at 351. "ldat513. 10 Supra note t. at 353. J2 49 II1.App3d 421, 364 N E.2d 440 (1977) . the premises, and the limited use to 1lld JJ Id at 444. which the binoculars are employed, 12 Terry v. OhiO. 392 U.S. I (1968); Untied Siaies v. "Id Miller. 425 U.S. 435 (1976). J5 47 III.App.3d 654, 365 N E.2d 77 (t 977). have a bearing on the reasonable ex- "Rakas v IIlmois. 439 US. 128 (1978). '6/d. at 80. J7 Id at 79 pectation of privacy issue? The Su- "Untied Siaies v. While. 407 U.S. 745 (l97t). "Note. Telescopic Surveillance as a Vlolalion of Ihe J8 396 A.2d 1286 (Super.Ct t 978). preme Court of Washington answered Fourth Amendment, 63 Iowa L. Rev. 708, 7 I 2 (t 978). ,. " The startron IS a deVice which enables the However, two pre·Kalz cases from the Supreme Court observer to see Into areas which would appear dark to the this in the affirmative in State v. Man- Indicated, In dictum, that the use of Visual enhancement naked eye or through convenhonal binoculars." Id at 1y.42 The court found no intrusion into deVices IS not constitutionally Impermissible. In Umled 1290. Siaies v. Lee, 274 U.S. 559 (t927), the Court, In holding .0488 F.2d 37 (4th C,r. 1973), cart. denied, 4I 6 U.S. defendant's reasonable expectation of that It was not a search for a Coast Guard patrol boat to 936 (1974). privacy when an officer made binocular shine a searchlight on a motorboat, stated that such use " Id. at 38. was "comparable to the use of a marine glass or a field "85 Wash.2d 120, 530 P.2d 306 (en banc), cert. observations of defendant's second- glass." Similarly, In On Lee v. Untied Siales, 343 U.S. 747 dented, 423 U.S. 855 (1975). (t952), the Court observed that .. the use of bifocals, field floor apartment window from a parking glasses or the telescope to magnify the object of a lot across the street from the apart- witness' Vision is not a forbidden search or seizure, even if they focus Without hiS knowledge or consent upon what ment and from a public sidewalk 40 to one supposes to be private indiscretions." 50 feet from the window. The officer '6 See, e.g., the Omnibus Crime Control and Safe Streets Act of 1968, Title 111,18 U.S.C. 2510­2520 (1970). testified that he observed vegetation 17 See Note, Katz and Ihe Fourth Amendmenl, 23 resembling marihuana plants in the Cleveland State L. Rev. 63, 70­72 (1974). .. See supra n. I 5, at 7 I I ­ I 2 for development of this window with his naked eye and em- Idea. II Two cases seem to imply, however, that the ployed the binoculars merely to con- sophistication of the device bears on the reasonable firm this. In rejecting defendant's claim, expectation of privacy questIOn. See Untied Stales v. Kim, 415 F.Supp. 1252 (D. Hawaii 1976); Slatev. Stachler, 570 the court held that the fact that the P 2d 1323 (Hawaii t 977). It would appear to be extremely window was uncurtained negated any difficult In many cases, however, to assess when binoculars and telescopes transform themselves from reasonable expectation of privacy ordinary, common Items to the level of "hlgh·powered," claim, but also considered two addi- "sophisticated," or "special equipment not generally in use." On the same note, the use of a simple flashlight has tional factors as significant: (1) The generally been held not to change an otherwise permissible search into an impermiSSible one. See 1 W. observations were merely of the win- LaFave, Search and Seizure, sec. 2.2(b) (1978). dow and did not intrude further into the 20 ThiS term " open, public area" IS used to distinguish such places from public areas which have privacy aspects room hidden from public view, and (2) to them and In which some courts have found a the binoculars merely confirmed earlier reasonable expectation of privacy. See, e.g., People v. Tnggs, 8 Cal.3d 884, 506 P.2d 232 (1973) (public park observations made with the naked eye. restroom); People v. Diaz, 376 N.Y.S.2d 849 (1975) Against this backdrop of cases (department store fllting room). finding visually enhanced viewings as not constituting searches for fourth amendment purposes are several sig- nificant cases which have held other- wise. This will be developed in the conclusion of this article. FBI (Continued next month)

June 1981 / 31 RBY THE ~rBl • ~

Photographs taken 1915.

Julio Acuna Description Caution Also known as Julio D. Acuna. Age ...... 41 . born April 14. Acuna is to believed to possess a Nelson Andujar. Julio Zamora. 1940. Cuba. .38­caliber automatic pistol equipped "Chino. " " Japonais." " Nadin." and Height ...... 5'6" to 5'9". with a silencer and should be " Narrin. " Weight ...... 160 pounds. considered armed and dangerous. Build ...... Medium. Wanted for: Hair ...... Brown. Notify the FBI Interstate Flight­Murder. Attempted Eyes ...... Brown. Any person having information Murder Complexion ...... Dark. which might assist in locating this Race ...... Negro. fugitive is requested to notify The Crime Nationality ...... Cuban. immediately the Director of the Federal Acuna is being sought in Oocupations ...... Driver/bodyguard. Bureau of Investigation. U.S. connection with the alleged " contract" Remarks ...... May be wearing Department of Justice. Washington. killing of an individual and attempted thin mustache D.C. 20535. or the Special Agent in murder of the victim's female and Afro Charge of the nearest FBI field office. associate. hairstyle. the telephone number of which A Federal warrant was issued for Social Security No. appears on the first page of most local him on July 21 . 1976. at Miami. Fla. Used ...... 058­ 50­8643. directories. FBI No ...... 13.497 P5. Classification Data: NCIC Classification: P016PIP0222016PICI18 Fingerprint Classification: 16 0 11 U 010 22 L 26 U 011

J

Right thumb pdnt.

32 I FBI Law Enforcement Bulletin U.S. GOVERNMENT PRINTING OffICE 1981 0 - 344-926 Change of LAW . , Address ENFORCEMENT Not an order form rBlBULLETIN

Complete this form and return to: Name

Director Title ~ Federal Bureau of

Investigation Address Washington, D.C. 20535

City State Zip ......

Double-Edged Razor Comb

Recently the Albany, N.Y., Police Department recovered this weapon in the possession of a juvenile. The , weapon was constructed by removing the teeth of the comb and replacing them with both halves of a double•

I edged razor blade. U.S. Department of Justice OHicial Business Postage and Fees Paid Federal Bureau of Investigation Penalty for Private Use $300 Federal Bureau of Investigation Address Correction Requested JUS­432 . ~ Controlled Circulation Rate U.S.MAlL ®

Washington, D. C. 20535

Interesting Pattern The fingerprint pattern presented this month is interesting due to the odd formation of the ridges. This pattern is classified as a loop with 23 counts.