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· MOUNTED PATROL MARCH 1971

VOL. 40 NO. 3

THE COVER-Two • mounted officers patrol. ling the Schuylkill River. See article beginning on page 2.

•

LAW ENFORCEMENT BULLETIN CONTENTS

Message From Director J. Edgar Hoover 1

A Mounted Unit for Effective Park Patrol, by Philip J. Cella, Superintendent, Fairmount Park Police, Philadelphia, Pa. 2 . ~ The Warrantless Search of Motor Vehicles

Local Investigation of Illegal Gambling Opera. tions, by Capt. George H. Bullen, Jr., Delaware State Police, Dover, Del. 11

How the IRS Enforces the Tax Laws, by Donald W. Bacon, Assistant Commissioner, Internal Revenue Service, Washington, D.C. 16 •

Punishment for First Offenders, by Keith]. Leen• Published by the houts, President, Volunteers in Probation, Inc., FEDERAL BUREAU OF INVESTIGATION Royal Oak, Mich. UNITED STATES DEPARTMENT OF JUSTICE Wanted by the FBI Washington, D.C. 20535

• MESSAGE

FROM THE DIRECTOR • • •

. . . To All Law Enforcement Officials

FREQUENTLY, SOME BELLIGERENT, anti-law sitter. Today's enforcement officer is enforcement elements of our society refer to expected to have multifarious ability, police officers as "pigs." Obnoxious four-letter explicit judgment, and an unshakable words are shouted at policemen, and the familiar temperament. He performs on a public . chant, "Off the Pigs," meaning "Kill the Police," stage. The audience is 'live'; every is a prominent cry wherever these groups assem• observer is a critic. There can be no ble. Further, cartoons and publications depicting retakes of his e/fo11s nor pretaped per• police officers as pigs are common fare, even for formances. He is second-guessed, ridi• children. The ridiculous statement, "The only culed, abused, cursed, assaulted, and good pig is a dead pig," is a slogan of violent sometimes murdered. But when he rotesters. Such deplorable epithets can be grati• leads a small, lost tot from a dense, . only to little minds. wooded area to the arms of a joyously ~ If-respect and respect for one's fellow man weeping mother, his is a rewarding and a• allmarks of civility under any recognized satisfying service." measure of achievement. Further, the proven con• Policemen should be respected, at least for what cepts which enable men of all races, creeds, and they represent; they should not be called pigs. backgrounds to live together with a reasonable .degree of harmony should be respected. One such We badly need to shore up some eroding ideals concept is the rule of law. Without the rule of and principles in our country today. Community law our world would be a jungle. Thus, it is im• leaders, professional spokesmen, educators, n .... 'rt""t that the rule of law and all its facets, in• clergymen, and others in positions of influence cluding the policeman, be respected. In a free should take a firm stand to preserve our sense of society where law-not man-is supreme, the values. Too many are swayed or intimidated by Iiloliceman is a living symbol of the freedoms loud, unruly, and aimless ramblers-people with , shared by alL a lot of dialog but no message. I In light of the humanitarian aspects of a police• In a free society, which owes its very existence I"man's work, I would like to repeat a comment and prominence to the rule of law, abuse and . made here a few years ago: ridicule of the law and those charged with en• "In any emergency, real or imagi• forcing it should not be taken lightly. I urge all ,. nary, the first cry that goes forth is for members of law enforcement-in spite of per• the police_ The officer on the beat must sonal indignities suffered-to serve with dignity be a journeyman of many trades- an and honor. As a rule, a repulsive slur is more on-the-spot doctor, plumber, or baby• descriptive of its origin than its target.

• A Mounted Unit for EFFECTIVE

T he Mounted Division of Philadel• some of which have been handpicked "We do keep in mind phia's Fairmount Park Police pro• and purchased at area horse sales and that all our personnel are vides, in its day-to-day operations, all some of which have been donated. It policemen first and special• is a metropolitan force that for over of the services normally performed by . d" a park police mounted force--and 100 years has held the esteem and l,sts secon . then some! In addition to assisting gratitude of the citizens of Philadel• • equestrians and directing hikers, it phia because of the competence and has been especially invaluable in traf• integrity with which it operates. fic situations. Because of a mounted man's increased visability and maneu• Patrols 8,000 Acres verability, he can quite effectively pro• • tect large numbers of parked cars Our department is charged with from vandals at major events such as providing safety and service for ap• • the Army-Navy football game and the proximately 8,000 acres of park land By spread throughout Philadelphia and Philadelphia police annual thrill PHILIP J. CELLA show, which events attract over 100,• divided into seven park districts. In• Superintendent, cluded are three main traffic arteries 000 spectators. Fairmount Park Police, The physical structure of the Phila• through the city of Philadelphia, Philadelphia, Pa. delphia Park System, one of the many miles of the Schuylkill River and largest within a major city, requires other similar streams, and over 100 many forms of police patrol activity. miles of trails that must be patrolled The Fairmount Park Police use foot, daily even though many are located motor, marine, canine, and mounted in dense and unpopulated areas. Our patrols. Each type has its advantages mounted personnel insure that private and disadvantages. The administrator stable horses are not abused and, if must decide when and where each type necessary, in conjunction with the of patrol is needed and what special• Society for the Prevention of Cruelty ized function is to be performed. to Animals, criminally prosecute of• The Fairmount Park Police force is fenders. The Fairmount Park Police composed of 549 officers and men. also patrol Philadelphia's four main There are 68 officers and men assigned public golf courses. specifically to the mounted unit. There While progressive police adminis• are 68 horses assigned to the unit, trators are currently talking about

2 FBI Law Enforcement Bulletin The Mounted Unit color guard leads a parade in Philadelphia.

7 the relatively recent idea of regional and named Capt. James A. Loftus as separate from that pr<>vided by the police service, the Fairmount Park its commanding officer. Mounted regular park training unit. Thus, a Police have been rendering such serv- policemen are selected from personnel man assigned to the mounted com- ice for many years since a number of assigned to the foot patrol functions mand receives the benefit of dual our park areas extend beyond the of the Fairmount Park police force_ training. The indoctrination period Philadelphia city limits into subur- • They are volunteers who have been for the mounted trainee is 6 weeks. ban communities_ Even though the recommended by their superior offi- During that time he is instructed in Fairmount Park Police is a separate cers. They must have 1 year's service basic horsemanship, stable manage- entity from the Philadelphia Police in an operational district of Fair- ment, first aid for the horse, and feed- Department, we use their radio bands mount Park. There is no restriction on ing, cl.:aning, and general care for and have jurisdiction within the city_ height, but all applicants for the the animal. He is instructed in the Our recruits are drawn from a city of Mounted Division should weigh no proper care and maintenance of the Philadelphia personnel testing agency, more than 180 pounds. equipment that he will use while rid- to and we are fortunate that we usually ing his assigned mount. get the top 10 percent of each group Separate Training Program A volunteer in the Mounted Divi- tested_ sion need not have previous riding Upon being appointed superintend- Because of its specialized role, the experience since we have determined • ent of the Fairmount Park Police in mounted command was given the re- that at times it is easier to teach an June 1968, I recognized the growing sponsibility of preparing and execut- inexperienced person to ride correctly ~ . ortance of the Mounted Division ing a training program completely than it is to correct the bad habits ~ March 1971 3 which an experienced rider may have administration and by most knowl• position when mounted on horseback. acquired. edgeable civilians as well. It is a mat• The mounted policeman can _ We do keep in mind that all our ter of record that using canine units not only what is immediately in fr. personnel are policemen first and spe• in emotionally charged situations has of him, but also, from his position cialists second. It is a matter of policy had an adverse effect on community above the crowd, he can survey the that mounted persQnnel are included relations in some instances, whereas entire situation with which he is con• in the annual in service training given the use of mounted units in similar fronted. The mounted policeman can to all park policemen in addition to situations has been highly successful. move faster than either the canine the mounted retraining courses. For The administrator must make the de• or foot officer QT the person or per• special large mounted details or for cision as to whether the physical sons causing a disturbance. In view training information, we utilize the structure of the area and the tempera• of the mounted man's speed and abil• experience and knowledge of Lt. ment of the community, among other ity to pursue, there is much less op• George A. Smith who has had many factors, would dictate using mounted portunity for the offender to escape. years' experience as a mounted Pillice• personnel. In most crowd situations Finally, the dog, even when well 4 man and who now, through promo• experience has shown that the canine trained, is a much more excitable ani• tion, is primarily a squad commander unit's effectiveness depends upon the mal than the horse. Regardless of how of a line district. individual's innate fear of being bit• effective he may be for solitary patrol The efficiency and adaptability of ten by a vicious animal, while the work, in emotionally charged situa• mounted police in dealing with crowd mounted police officer overwhelms tions, the dog has difficulty in distin• situations have been recognized by psychologically by the sheer mass of guishing a violent agitator from an • virtually every authority on police the horse and the officer's superior innocent spectator.

A "jousting" contest was put on by members of the Mounted Unit for the public's enjoyment in connection with the annual Easter Seal Campaign for Crippled Children in Philadelphia.

4 FBI Law Enforcement BUlle' Recent events all over the country charges of double standards of justice indicated that large groups of and dereliction of duty. The unre- .. .epIe attending antiwar and civil strained or misdirected application of rights demonstrations, rock and roll physical force is apt to further aggra- festivals, or organized sports events vate the situation which the" police are raise numerous and delicate problems attempting to control. It may furnish for police. There is, however, a large support to those who term any re- ). and obvious distinction between the straining action taken, no matter how type of crowd found at a parade or a well justified, as "police brutality." political rally compared with the Every metropolitan police force must crowd one finds at a civil rights or take whatever preparatory steps are antiwar demonstration. To enable all necessary to assure it is fully equipped our mounted policemen to handle the physically, psychologically, and emo· latter situation with the greatest effec- tionally to cope with whatever situ- tiveness, we afford them additional ation may arise. training. Recent civil rights demonstrations in many major cities throughout the Capt. James A. Loftus. Patrol at Youth Gatherings United States have been successfully handled when well­trained and di- " During each summer many rock rected mounted units were utilized. festivals that draw from 5,000 to 25,- Mounted units have drawn praise 000 young people are held at Fair- from the press and the public at large mount Park. These gatherings are for their handling of these situations. handled by a combination of our foot, These units not only functioned effec- motor, and mounted patrols. By insur- tively but improved the public image ~ ing that the mounted patrolmen are of the police as well. visible well before the beginning time .4IIIIIIIlthese events, we find that the groups Public Relations .ethem for granted and take no offense at their presence. Many in- Some additional public relations dividuals attending these gatherings activities of our mounted unit include cannot resist talking to the mounted performing as color guard for most policeman about his horse. This sets of the maj or parades in Philadelphia.

up a type of rapport between them. We compete annually with other Lt. George A. Smith. Teenage gang activity has become mounted units from New York City, one of the major criminal problems Washington, D.C., et cetera, at such no drownings occurred. During 1970 for the Philadelphia Police Depart- events as the Devon Horse Show, our record was marred by two drown- ment in recent years. Deaths resulting Devon, Pa. We recently put on a ing incidents. directly from the feuding of these rival "jousting" contest which was part of Our mounted patrolmen are in- groups have reached astronomical the "kickoff" program for the annual structed to question every youngster figures: 30 in 1968, 43 in 1969, and Easter Seal Campaign for Crippled observed near the water as to his 30 in 1970. Leaders of these groups Children in Philadelphia. ability to swim and whether or not he have not chosen our park areas for Another of our noteworthy accom- was accompanied to the area by adults. their "rumbles" because they realize plishments concerns accidental drown- If these young people came with adults they cannot outrun our mounted ings in the park areas along the and cannot swim, they are returned patrols. Schuylkill River which averaged about to the older people and instructed not 12 a year until 1958. We instituted a to return to the water area without Fully Equipped simple preventive program aimed at proper supervision. Those who cannot reducing these fatalities. Since 1958 swim and are in the park alone are Failure to take adequate and timely these drownings have been reduced sent home immediately. An appro- • steps in these situations may result in approximately 90 percent. In several priate record is executed and main- loss of lives and property as well as ensuing years we were fortunate that tained concerning each of these in-

. arCh 1971 5 A van with a capacity for seven horses and equipment is used to transport a special force expeditiously to any pertinent trouble area. e stances. Youngsters who fish and ex• ship for a larger group, if required. else, those selected must be able to plore along our streams nwnber in the Identical training permits the inter• remain calm under emotional stress. thousands since many accompany change of men from one team to an• While the man's horsemanship must their parents on outings and picnics other, where desirable or necessary, be satisfactory by the time training is while many others are permanent and will eliminate the necessity of any completed, it need not be considered residents of homes located near the two particular men working as a team. a primary prerequisite since defi· park areas. This entire special unit can he trans• ciencies can be corrected during the In December 1970 we adopted a ported expeditiously to any pertinent course of the training. special training course that will trouble area since the capacity of the The training time required for the create a small professional strike force horse van utilized by the mounted special force is 80 hours, that is, ten • of mounted personnel. The basic pro• unit is seven horses and equipment. 8-hour days. The course of instruction gram will eventually he afforded to all includes (1) a detailed study of all our mounted policemen and will be pertinent laws and their specific ap• OJ High Quality organized as follows: plication to delicate crowd situations, The nucleus of the special force con• The situations to which this special (2) classroom study of tactics and sists of seven men and horses divided force will he assigned will be most procedures to be employed in crowd • into three two-man teams and a unit delicate. Therefore, the men selected control, (3) outdoor practice simulat• leader. This provides a maximum must be of superior quality mentally, ing as closely as possible "real-life" operating flexibility for the unit as a emotionally, as well as physically. situations, (4) extensive physical con• whole and at the same time provides They must have a keen appreciation ditioning for all personnel, and (5) protection for the men through oper• of the individual's rights under the intensive training in all aspects of ation of the "buddy system." Each law and a personal philosophy that is horsemanship. After completing the 4 two-man team will supply the leader• sympathetic to these rights. Above all (Continued on page 27) 6 FBI Law Enforcement Bulle. e. The ~~Reason Is the Life of the Law." Legal -Sir Edward Coke

Digest

Chambers v. Maroney:

Perhaps no area of the criminal law has undergone greater revision in the past several years than that relat• ing to the search of automobiles. Until The Warrantless Search recently, most vehicle searches were conducted incident to a lawful arrest of the driver or other occupant of the car and any evidence found therein * was admissible in court. Arrest on vir• of Motor Vehicles tually any charge seemed sufficient to A pport a search, regardless of ' ether there was any physical evi• dence connected with the arrest of• support an incidental search.7 Fur• fense. Thus, some courts routinely With the introduction of Federal thermore, the courts are examining sustained car searches foU()wing ar• supervision over State practices in such cases with greater care to insure rests for traffic violations.l Others per• 1961, this search authority became that the arrest is not a pretext or sub• mitted a detailed search of a car after increasingly restricted. Under current terfuge to acquire evidence of an• a vagrancy arrest.2 These searches law, a search incident to arrest is law• other crime.s were often conducted at the police sta• ful only if it is reasonably related to Still another limitation, relating to tion, long after arrest, and included some evidence of the crime for which 4 the time and place of the search, was . any area of the car in which physical the arrest was made. Thus, apart evidence might be found.s from such violations as drunk driv• 7 Dyke v. Taylor Implemen, MIg. Co., 391 U.S. 216 ing 5 or driving under the influence of (1968) (by implication); Amado,-conzal.. v. U.S., 391 F. 2d 308 (5th Cir. 1968); Mon'ana v. Tomich, 1 l17al's v. Sta'e. 196 So. 2d 79 (Mis•. 1967); Lane narcotics,6 few tra ffic offenses will v. S'a", 424 S.W. 2d 925 (Te•. Crim. 1967). 332 F. 2d 987 (9th Cir. 1964); U.s. v. Humphrey, 409 F. 2d 1055 (10th Cir. 1969); U.S. v. Tat., 209 2 U.S. T. Sykes. 305 F. 2d 172 (6th Cir. 1962), re.'d sub nom., Preston v. U.S., 376 U.S. 364 (1964); F. Supp. 762 (1962); Trave" v. U.S., 144 A. 2d 889 117i1liams v. U.S., 412 F. 2d 729 (5th Cir. 1969), • lI7illiams v. u.s., 412 F. 2d 729 (5th Cir. 1969) ; (D.C. Mun. 1958); U.S. v. One 1963 Cadillac Hard· luppre..ing evidence seized from vehicle incident to u.S. v. Mcintyre, 304 F . Su.p p. 124~ (1969). 'op, 224 F. Supp. 210 (1963). See, Annotation, Law. vagrancy arrest. However, lome courts will look be• • Wellman v. U.S., 414 F . 2d 263 (5th Cir. 1969); fulness of Search of Molor Vehicle Following Arrest for hind the bookiog charge and lustain the areest and Sta.. v. Cusick, 264 A. :!d 735 (N.J. App. 1970); Traffic Violation, 10 A.L.R. 3d 314. See U.S. v. Jack· son, 429 F. 2d 1368 (7th Cir. 1970). supporting search incidental search if there i. cause to believe that Sta.. v. Braxton, 26 A. 2d 40 (N.J. App. 1970); of vehicle incident to arrest for ule of fictitious lome other substantive crime was involved. Stdte 'Y. S'a" v. Warner, 237 A. 2d :1. 50 (Maine 1968). Thunder Ho..e, 177 N.W. 2d 19 (5. Oak. 1970). • People v. Lujan, 141 C. IiI. App. 2d 143, 296 P. 2d plates. 8 U.S. v. Mcintyre, .supra. footnote 4; Ama.dor~ 3 U.S. v. Sykes, supra footnote 2. 93 (1956). Gonzalez v. U.S., .supra. footnote 7; Li.pton v. U.S., 348 F. 2d 591 (9th Cir. 1965) (dictum). CI. Hill v. U.S., 418 F . 2d 449 (D.C. Cir. 1968); Taglavor. v. ·A lecture given by Special Agent John B. Hotil, FBI, Training Division, before the Sectional Retraining U.S. 291 F. 2d 262 (9th Cir. 1961); U.s. v. Edmon., Session, FBI National Academy Associates, Northeastern States, on July I, 1970, at Portsmouth, N.H. 432 F. 2d 577 (2d Cir. 1970).

_ arch 1971 7 imposed by the Supreme Court in from within which he might gain pos- If the latter interpretation is cor- Preston v. United States/ decided in session of a weapon or destructible rect, and current authority sugg• 1964. Preston and his two companions evidence," or "the area within his that it is,16 a search incident to arr were arrested for vagrancy in the early reach." 12 A search beyond such areas without independent cause to believe morning hours and his vehicle was is unreasonable, the Court said, unless that the car contains evidence of towed to a police garage. There, while conducted under the authority of a crime, must be confined to that 'area the suspects were being booked and warrant. of the car which is immediately acces- fingerprinted, an officer went to the In a footnote to the opinion, the sible to the arrestee. It would he most glove compartment of Preston's car Court stated that its holding was "en- unusual, therefore, for there to be and discovered a loaded gun. He then tirely consistent with the recognized grounds to search once the person has searched the trunk of the vehicle and principle that, assuming the existence been removed from the car and placed found evidence which was later use- of probable cause, automobiles and under police control. Judging from ful in convicting Preston of con- other vehicles may be searched with- past decisions, it can be expected that spiracy to rob a federally insured out warrants 'where it is not practic- the courts will give greater deference bank. On appeal, the Supreme Court able to secure a warrant because the to a self­protective search than to one unanimously reversed the conviction. vehicle can be quickly moved out of conducted for evidentiary purposesY The search incident to arrest is justi- the locality or jurisdiction in which

fied, the Court said, by the need to the warrant must be sought.' " 13 This seize weapons and to prevent the statement left itself open to two quite " • a search incident to destruction of evidence, but "these different constructions. One was that arrest, without independent cause to believe that the car justifications are absent where a Chimel does not apply to cars and that, contains evidence oj crime, search is remote in time or place from following traditional rules, an in- must be confined to that the arrest." 10 cidental search of a vehicle can ex- area of the car which is im- tend to any place in the car where evi- mediately accessible to the arrestee. It would be most dence might be found.14 Others read Further Limitations unusual, therefore, for the footnote as saying no more than there to be grounds to The Court imposed still further that the decision does not disturb the search once the person has limitations on the rule in 1969 by long­standing Carroll doctrine, which been removed from the carA severely restricting the permissible permits a vehicle search where there and placed unde,. police. control." scope of the search. In Chimel v. is probable cause to believe it contains CaliJomia,l1 the defendant was ar- evidence of crime.IS A search of this rested in his home by officers acting type depends solely upon the existence Thus, one court recently sustained a under a warrant authorizing his ar- of probable cause and does not look search where the suspects, though in rest for the burglary of a coin shop. to an arre t for its validity. police custody, were "within leaping Incident to arrest and without a search range" of weapons in the hack seat 12 ld. at 763. warrant, the officers searched the en- l 13 Id. at 764, 0.9. of the car. An evidentiary search tire three­bedroom house for about an 11 State v. Zamara, 469 P. 2d 752 (Idaho 1970). hour. Various items seized from a ,. Chambers v. Maroner, 399 U .. 42, 62, n.6 (1970) (Harlan, I., dissenting). See, A.L.T. Model Code 01 ,. Application 0/ Kiser, 419 F. 2d 1134 (8th Cir. dresser­drawer were admitted in evi- Pre­Arraignment Procedure, Tent. Draft No.3, Part II, 1969 ); U.S. ex reI Williams v. LaVallee, 415 F. 2d Search and Seizure 55.3.04 (1970). 643 (2d Cir. 1969) (by implication) ; Ramon v. Cupp, dence over the defendant's objections Notice that the court said a vehicle can be searched 432 F. 2d 2U1 (9th Cir. 1970) (by implica.ion); and he was convicted. The upreme without a warrant, "a suming the exi.tence of prob. Whitelr v. Meacham, 416 F. 2d 36 (10th Cir. 1969) able cause....OJ This suggests that an exception (by implication); U.s. v. Holser. 414 F. 2d 458 Court reversed the judgment, ruling to Chimel is made only where there is independent (10th Cir. 1969) (by implicatioD); U.S. v. McIntyre, the search was unlawful. Looking once cause to believe that the car contains evidence of 304 F. upI'. 1241 (1969); U.S. v. Broalu, 310 F. crime. Thus, as the article iJlustratel, a search of Supp. 289 (1970); U.S. v. Lewis, 303 F. Supp. 139~ again to the justifications for a search the vehicle might not be possible even though there (1969) (by implication); Milchum v. Foster, 315 F. incidental to arrest, the Court held are adequate grounds to arrest the occupant. Supp. 1387 (1970); U.S. v. Pullen, U.S. CI. M.A. Several courts have he1d that Chi.mel does not apply (jan. 29. 1970), 6 Cr. L. 2350; Stale v. Slee/, 450 that uch search must be limited to retroactively; consequently the validity of searches .W. 2d 545 (Ark. 1970); Stal. v. Browni." 233 So. "the arrestee's person and the area ronducted prior to th e date of that case has been 2d 686 (Fla. ApI" 1970); Stote v. Keres, 467 P. 2d determined by pre·Chimel standards. U.S. v. Roth. 730 (N. Me •. 1970) (by implication); S,ate v. K eith, 'within hi immediate control'­con- 430 F. 2d 1137 (2d Cir. 1970); U.S. v. Chaplin, 427 465 P. 2d 721 (Oreg. 1970) (by implicalion); Ricket· struing Lhat phrase to mean the area F. 2d II (2d Cir. 1970); U.S. v. Be••e", 415 F. 2d son v. People, 111 . ApI'. Ct., 2d Iud. Dial. (Sept. 25, 113 (2d Cir. 1969); U.S. v. Ballard, 423 F. 2d 71 1970) 8 Cr. L. 2182. (9.h Cir. 1970) ; Williams v. U.s., 418 F. 2d 159 (9th 17 Terry v. Ohio, 392 U.S. I (1968); Warden, Mary· • Preston v. u.s., 376 U.S. 364 (1961). Cir. 1969). For Ihis reason. there have been few land Penite.tiary v. Hayden, 387 U .• 294 (1967). 10 Id. at 367. decisions on whether the rule applies to searchel of ,. Applicalian 0/ Kiser, 419 F. 2d 1134 (8th Cir. • n 395 U.S. 752 (1969). motor vehicles. See, footnote 16, infra. 1969).

8 FBI Law Enforcement BUllet. conducted under these circumstances upholstering of the seats. Upholding era and witnesses describe his car in • uld be difficult to support. Simply the search, the Supreme Court ruled detail to the investigating officers . . ed then, the rule is- if the arrestee that automobiles and other convey- Armed with an arrest warrant, the cannot reach any weapon or evidence ances can be searched without a war- officers go to A's residence. As they in the vehicle, the officer cannot search rant where there is probable cause to arrive, A's teenage daughter is seen for it.10 believe that the car contains articles driving away from the house in a red that the police are entitled to seize. sports car bearing the license number The Carroll Doctrine The Court reasoned that an exception furnished by the witnesses. A search to the traditional warrant requirement incident to arrest is unavailable in The growing body of rules limiting was necessary "because the vehicle this instance because there is no indi- the search incident to arrest makes it can be quickly moved out of the local- cation that A's daughter was involved necessary to look to other means of ity or jurisdiction in which the war- in the crime. But since the vehicle acquiring physical evidence from rant must be sought." 21 played an integral part in the robbery, -. motor vehicles. The principal alterna- In brief, the Carroll rule requires it may be searched, under Carroll, on tive is found in Carroll v. United that there be (1) probable cause to the belief that it contains fruits or States, which involved a violation of believe that (2 ) a mobile vehicle (3) instrumentalities of the offense. the National Prohibition Act. 20 There contains contraband or other items By the same token, circumstances two Federal prohibition agents, pos- which offend against the law. The may sometimes justify arrest of the ing as buyers, arranged to purchase standard of probable cause here is driver without giving rise to a belief several cases of whisky from the de- at least as stringent as that required that evidence of crime can be found fendants. Carroll apparently became for a search warrant.22 The test is in the vehicle. Let's assume now that suspicious and failed to return with whether the facts and circumstances A is apprehended 5 months later in the liquor. However, the agents noted are sufficient to persuade a court that a distant State, while operating an- the kind of automobile he had driven there are reasonable grounds to be- other vehicle. Here the officers could and recorded its license number. Sub- lieve that evidence of a crime can be properly search the car incident to sequently, they saw the defendants found in a particular vehicle. Notice arrest, subject only to the limitations driving on a highway which was that the search in this case was not of time and scope mentioned earlier. . own to be heavily traveled by boot- dependent for its validity upon the But without some further information _ gers; they attempted to follow, but arrest which was later made. More- connecting that vehicle with criminal lost track of the car. About 2 months over, unlike the arrest, probable cause activity, the facts would not support later, the agents again spotted the ve- relates not to the guilt of any individ- a search under the Carroll rule.23 hicle in the same area and stopped it. ual, but to the belief that there is evi- They searched the car and found a dence in a particular automobile. Another Situation large quantity of liquor behind the Thus, cases will arise in which there are grounds to search the car under Take still a third situation. A is ar- rested shortly after the robbery, while ,. u.s. v. McIntyre, 304 F. Supp. 1244 ( 1969); Carroll but, without more, insufficient U.s. v. Tnte, 209 F. Supp. 762 (1962). cause to arrest the occupant. fleeing the scene in his automobile. This limitation applies only to a search incident In this case, both method of search to arrest and docs not prevent the officer from seizing Suppose, for example, that A robs .. any weapons or evidence which is in plain view . First National Bank and makes his are available to the police. A search Young v. U.S., ­ F. 2d ­, No . 21, 757 (D.C. Cir. June 26, 1970); U .S . v. Thomp,on, 420 F. 2d 536 getaway in a red sports car. A is of the car can be justified either as (3d Cir. 1970); U.S. v. Kim, 430 F. 2d 58 (9th Cir. identified the following day from incident to arrest, since the vehicle is 1970); Carpenter v. Sigler, 419 F. 2d 169 (8th Clr. the place of arrest, or on the broader 1969); Application 0/ Kiser, 419 F. 2d 11 34 (8th Cir. photographs taken by the bank cam- 1969); U.s. v. Bouros,a, 411 F. 2d 69 (10th Cir. authority that there is cause to believe 1969), cert. den. 396 U.S. 915 (1970); Thompki.. ~l Carroll Y. u.s.. supra footnote 20 at 153. the car contains the fruits, instru- v. U.s., 251 A. 2d 636 (D.C. App. 1969); Cook v. 22 While not expressly stated in the case law, any Sigler, 299 F. Supp. 1338 ( 1969). Nor does it prevent other rule would encourage ci rcumvention of the mentalities, or other evidence of a him from frisking occupants of the car where there warrant requirement. For illustration of cases finding is a reasonable basis (or believing that his safety or inadequate grounds to search under Carroll. see, e.g., criminal violation. the safet y of others requires such action. Terry 'v. U.S. ex rei Poul,on v. Myers, 245 F. Supp. 746 (1965) The question of what constitutes Ohio. 392 U.S. I (1968). (presence of burglars in area experiencing high in- ~ !!O Ca rroll v. U.S., 267 U.S. 132 (1925); U.S. v. Lee, cidence o f burglaries insufficient cause to search). "mobility", in terms of the Carroll 274 U.S. 559 (1927); Husty v. U.S., 282 U.S. 694 Cr. Riccardi v. Perini. 417 F. 2d 645 (6th Cir. 1969) . (1931) ; Scher v. U.S., 305 U.S. 251 (1938); Brinegar But similar circumstances have supported 8 temporary v. U.S., 338 U.S. 160 ( 1949); Preston v. U.s., 376 detention (or investigation, short o f arrcst. Wilson v. 23 See, e.g., u.s. v. Holsey, 414 F. 2d 458 (10th • U.S. 364 (1964) (dictum); Dyke v. Taylor Implement Porter, 361 F. 2d 412 (9th Cir. 1966) ; Nicholson ". CiT. 1969) (probable cause to arrest bank robbery M/g. Co., 391 U.S. 216 (1968) (dictum); Chambers U .S., 355 F . 2d 80 (5th Cir. 1966) ; Carpen'er v. Sigler. suspects did not provide grounds for search of ~ v. Maroney, 399 U.S. 42 (1970). 419 F. 2d 169 (8th Cir. 1969). vehicle) .

, _ arch 1971 9

414­427 0 ­ 71 ­ 2 rule, is a bit more difficult to resolve. Once these items are located, the placed in custody.29 And the Supreme The central inquiry in each instance search must terminate. If, however, Court itself once suggested that mo_ is whether it is "impracticable" to get while legitimately looking for such ity, terminated when the automob" a warrant, i.e., whether there is a rea• articles, the officer unexpectedly dis• was removed to the police station.30 sonable likelihood that the car would covers evidence of another crime, he But these issues were largely re• be moved in the time required to ob• can seize that evidence as well. 26 solved by the Court in Chambers V. tain a warrant. This is normally the Maroney,31 decided in June 1970. case where the car is in running order, Some Reluctance In Chambers, two men robbed a or capable of operating under its own service station attendant at gunpoint, power. Thus, assuming that all other Despite the long history of the Car• carrying off the currency from the requirements are met, a lawful search roll rule and the numerous cases cash register in a right-hand glove. can be made of a car which is locked, interpreting its application,27 there One of the men was wearing a green parked, and unoccupied.24 has been a curious reluctance by sweater and the other was wearing police and prosecutors to accept it as a trench coat. Witnesses reported that • a valid method of search. Invariably, they saw four men speed away from a "Once these items [Jor which a search warrant they prefer to rely on other, less ap• nearby parking lot in a blue compact would issue] are located, propriate, procedures to accomplish station wagon. Within an hour, a car the search must terminate. their purposes. To be sure, the rule is answering that description and carry• If, however, while legiti. not free from ambiguity. An occa• ing four men was stopped about 2 mately looking for such ar• miles from the service station. The de• ticles, the officer unexpect• sional decision has questioned whether edly discovers evidence of the doctrine applied to noncontraband fendant, Chambers, who was in the another crime, he can seize items,28 particularly where there was vehicle, was wearing a green sweater and one of the other men had a trench that evidence as well." no specific statutory authority to con• coat with him. The occupants were duct such a search; or whether a car placed under arrest, but no search was As to the scope and objectives of was "mobile" once the driver was conducted at the scene. The vehicle the search, the officer can look for any was taken to the police station where item for which a search warrant would .. u.s. V. H.nry, 259 F. 2d 725 (7th Cir. 1958), an immediate search was conducte. issue. In the Federal jurisdiction, this rtv'd on other grounds, ,ub nom., Henry v. U.S., 361 U.S. 98 (1959). Cr. Ab.l V. U.S., 362 U.S. 217, without success. The officers later means that he can search for the in• 238 (1960). turned to the car for a second search strumentalities and means by which '" Gorma" V. U.S., 380 F. 2d 158 (ht Cir. 1967) (.emhle); U.S. V. Lipowit., 407 F. 2d 597 (3d Cir. and, on this occasion, found two re• a crime has been committed, the fruits 1969); Williams V. U.S., 404 F. 2d 493 (5th Cir. volvers, a right-hand glove containing of crime such as stolen goods, contra• 1968); Barnett V. U.s., 384 F. 2d 848 (5th Cir. 1967) (pre-Chamber, ruling, car in jail parking lot not small change, and credit cards taken band, and any evidence which will aid mobile; contra, ace footnote 39); Crimes v. U.S., 405 from the victim. in a particular apprehension or con• F. 2d 477 (5th Cir. 1968); U.S. V. Brown, 411 F. 2d 478 25 (5th Cir. 1969); U.S. V. Kimbr.w, 380 F. 2d 538 (6th viction. Moreover, the search can Cir. 1967); U.S. V. Fr••man, 382 F. 2d 272 (6th Cir. extend to any place in the car where 1967 ); U.S. V. Wood" 420 F. 2d 1260 (7th Cir. 1970); Not Unreasonable U.S. V. Sherman, 430 F. 2d 1402 (9th Cir. 1970); such items might reasonably be found. Coli v. U.s., 417 F. 2d 462 (9th Cir. 1969); U.S. V. Humphrey, 409 F. 2d 1055 (10th Cir. 1969) (lemhlo); On review, the Supreme Court of Murray V. U.S., 351 F. 2d 330 (10th Cir. 1965) the United States upheld the search, • .. u.s. v. Haith, 297 F. 2d 65 (4th Cir. 1961) cert. (.emhle); Mitchum V. Foster, 315 F. Supp. 1387 den ., 369 U.S. 804 (1962); Thompson V. U.S., 342 (1970); Colli.r V. Win,a, 294 F. Supp. 27 (1969); noting that there is a constitutional F. 2d 137 (5th Cir. 1965); U.S. V. Walk." 307 F. 2d U.S. V. Ma..ella, 295 F. Supp. 1033 (1969); U.S. V. difference between an automobile and 250 (4th Cir. 1962); U.S. v. Mazzella, '295 F. Supp. Pierce, 301 F. Supp. 824 (1969); U.S. V. Lewis, 303 1033 (1969); U.S. v. Collahon, 256 F. upp. 739 F. upp. 1394 (1969); U.S. V. Yerr." 302 F. Supp. a home or an office. The opinion of the (1966) ; Carver V. Ross, 257 F. Supp. 894 (1966). 1033 (1969); U.S. V. Callahan, 256 F. Supp. 739 ""Preston V. U.S., 376 U.S. 364, at 367-M (1964), (1966) . luggestll that police can search car under Carroll rule The Carroll rationale haa .110 been applied to !II u.s. v. McIntyre, supra footnote 28. Conti v. on reaaonable belief that vehicle i••tolen. Contra, support searches of peflOfll, Lowur v. U.S., 135 F. Mor,.nthau, 232 F. Supp. 1001 (1968); U.S. V. 4 Winkl. v. Kropp, 279 F. Supp. 532 (1968). Tho 2d 626 (9th Cir. 1913); U.S . V. John,on, 363 F. 2d S,oOey, 279 F. 2d 924 (196O); U.S. V. Kidd, 153 F. (oUowing casel .upport the seizure of a vehicle to 333 (7th Cir. 1966); packa,es, Pari,h v. P.yton, Supp. 605 (1957); Shuman V. U.s., 219 F. 2d 282 hold it for the true owner : Schoepflin v. U.S., 391 408 F. 2d 60 (4th Cir. 1969); airplan.s, Travis v. (1955) (dictum). Contra, Stapl., v. U.S., 320 F. 2d F. 2d 390 (9th Cir. 1968); U.s. V. Kucinich, 404 F. U.s., 362 F. 2d 477, 480 n.3 (9th Cir. 1966); Stat. 817 (5th Cir. 1962) (deci.ion on other groundo) 2d 262 (6th Cir. 1968). V. Kinn.ar, 298 Pac. 449 (Waoh. 1931); and IUlla,., (companion of driver was It ill at large). There i. lome question whether the rule extend. H.rnand.. V. U.S., 353 F. 2d 624 (9th Cir. 1965), 00 Preston v. U.S ., 376 U.S. 364 (1964); Born." V. to vehicle. allegedly carrying obscene materials with. P.opl. v. Temple, 6 Cr. L. 2096. U.S., 384 F. 2d 848 (5th Cir. 1967). out. prior determination of obscenity by • judiciat .. U.S. V. Mclntyr., 304 F. Supp. 1244, 1246, n.3 31 399 U.S . 42 (1970) . See c.... cited in footnoto 39, ollieer. Compare, U.S. V. Marti, 421 F. 2d 1263 (2d (1969); Justice Harlan, dia.enting, expreued a .imilar inlrtJ. .. Cir. 1970), with U.S. v. Appl., 305 F. upp. 330 view in Chambers v. Maroney. 399 U.S. 42. 62 0.7 (1968) • (1970) . (Continued on page 29)

10 FBI Law Enforcement BUllet ~ e Local Investigation of Illegal Gambling Operations

The operations of nationwide crime syndicates and their actual control of gambling at any given time are difficult to gauge. Where organized gambling exists, the syndicates have exploited the traditional urge ex· hibited by millions of citizens to gamble occasionally, frequently, or habitually. And yet, these same mil• lions do not condone criminality in By principle. CAPT. GEORGE H. BULLEN, JR. Gambling, of course, is widespread. It involves both rich and poor. The Delaware State Police, Dover, Del. motto of the gambling moguls might

Illustration No.1. well be, "Give the people what they want." It is this obsession of giving a little to gain a lot, regardless of the odds, that contributes to the success of the gambling syndicates. Every legitimate business operates to the mutual advantage of the owner and the customers. But as an enter• prise, gambling operates on a one• sided basis to the advantage of the professional gambler. It is entirely unproductive; it upgrades no eco• nomic level and performs no useful service. Since there is no element of mutual advantage between the oper• ators and the bettors, there are many who feel that gambling should be legalized and licensed so that the bettors could more equally share in the profits, rather than have the oper• ators receive most of the rewards.

The Key Word Is Control

Social customs such as gambling and social drinking have not been and cannot be eliminated by legislation, and the subject of gambling cannot be approached from a moral standpoint alone. The key word is control, not Illustration No . 2. elimination. In some areas gambling is an accepted social custom. Morals horses of the second, third, and fourth and in some operates almost in the are more coercive than laws. Prohi• races at a given track. The total of the open. The policy jargon is known to bition proved to be a prima facie win, place, and show payoff figures citizens in all walks of life and all • example. for the second race might, for ex• levels of society. The numbers game The lottery was the first American ample, be 71.50. The number to the flourishes in many urban neighbor• gambling pastime. But as corruption left of the decimal point, in this case hoods as well as in many smalltown in its operation began to spread, lot• the number one, would be the lead taprooms, corner stores, barbershops, tery lost support and was gradually number in the lucky number for the and poolrooms. outlawed. With the abolition of the day. In Delaware, the lead number Bookmaking on horseraces and lottery in most States, professional pays 7 to 1. The second digit in the other sports events surpasses any gambler turned to another lucrative 1ucky number is obtained by adding other single form of illegal gambling activi'ty known as "policy" or the the win, place, and show payoff fig• activity in volume. The bookmaking "number " game. This is actually a ure of the third race at the same field ha been aggressively organized, lottery with a high return to the one track. If the sum were $82.40, the although yndicated bookmaking is • who succe sfully guesses certain selec• second digit of the lucky number not evident in Delaware, where receiv• ted numbers, such as payoff figures at would be two. The third is obtained ing and recording horse bets is still a given racetrack. The lucky number, by the same method using the payoff a misdemeanor. consi ting of three numbers, pays figure of the fourth race, again at the In order to reduce illegal gambling about 500 to 1. The lucky number is same track. operations in Delaware, two basic in• usually derived by adding the payoff The numbers game is deeply en• vestigative techniques are used by the 'igures from the win, place, and show trenched in most of our larger cities Delaware tate Police. They are •

12 FBI Law Enforcement Bullee (1) informants or sources, and in the search warrant is concerned in ment, et cetera, not owned or rented by surveillance. lottery policy·writing or, in the case of him; and to drive evasively when going bookmaking, is receiving and recording from one location to another to pick up • he sequence of events in the sur- bets on horseracing or other sporting numbers bets from the subbank. veillance­type technique often evolves events. 7. Any record of violations for this type from information received from an 2. That this person has no known legal of activity or any contact or associa- informant or observation by the in- means of support. tions with others who have a record of vestigating officer. Through surveil- 3. That it is well known in law enforce- gambling violations. ment circles the party named in the lance, investigators help to establish Only some of the variables which affidavit and search warrant is involved probable cause sufficient to satisfy the in illegal gambling activities. may be used to obtain a search war- issuing judge that illegal gambling ac- 4. That the affiants have called the num- rant have been mentioned. Officers tivity is being conducted at a named bers bank or subbank, as the case may who have been involved in this type location­be it a house, place of busi- be, X number of times during its op- of case are aware of the many factors, erational hours and found the telephone at times, available to the investigator. ness, poolroom, et cetera. was constantly busy. 5. That the affiants observed the suspect Developing a case to obtain a search operating a vehicle registered to some- warrant can be a complex matter. Any Obtaining a Search Warrant one else, obviously in order to single factor included in the affidavit avoid deteotion and any subsequent may not appear unusual in itself. How- Here are some aspects we consider investigation. ever, in conjunction with the othcr when preparing an affidavit to obtain 6. From their experience in investigating the numbers racket, the affiants relate information, it is essential in the con- a search warrant: that it is not unusual for a person in- struction of the case. An analogy 1. Information received from a confidential volved in the policy game to have an might be the making of a salad. It is informant who has been reliable in the unlisted telephone or one listed to some- not any particular ingredient which one else; to use a house, business, apart­ past and knows that the person named is important but, rather, the combina- tion of ingredients. Illustration No.3.

Investigative Techniques

One of the most effective investiga- tive aids used by the Delaware State Police in following a suspect in order to obtain probable cause is the air- plane. On numerous surveillances, par- ticularly when the subject has a record and is familiar with other vehicles used by the police, our department has used its plane with tremendous suc- cess. When used in conjunction with a surveillance team in a cruiser, it is almost impossible for the suspect to become aware he is being followed. Because of more sophisticated in- vestigative techniques, the bookmaker has found it essential to further pro- tect his operation by building bar- ricaded rooms, referred to by many defense attorneys as "bomb shelters." Still, with forethought, persistence, and a little luck, it is probable that enough evidence will be found to war- rant an arrest and subsequent prose- cution. An example of this would be a Delaware case which occurred a few

13 years ago, about the time we were inch plywood wall on the outside of quently identified, photographed, and encountering many reinforced rooms. the room. There was a 3-inch steel submitted to the FBI LaboratoryA On June 23,1%6, at 1:30 p.m., in• door reinforced with a steel brace further analysis. • vestigating officers executed a search shown in illustration No.2. In illustration No.3, according to warrant. in northern Delaware. Once A considerable amount of time the result of the FBI examination, the inside the house, the officers found the elapsed between the initial entry into printed form comprising the tablet is subject in a barricaded room in the the house and the final entry into the the type commonly used by book• basement. This was a concrete block shelter. Even though the subject had makers for the purpose of recording room depicted in illustration No. 1. ample time to destroy the evidence, wagers on horseraces. The indented It was 7 by 8 feet in dimensions, with the officers were successful in locating writing on the tablet consists of three 2 by 4's supporting a seven.eighths- latent evidence which was subse- columns of four digit numbers, each with three columns of figures to the Illustration No. 4 . right. Arrangements of this type are ----~~----~ -'I -- ..-..-• commonly used to record win, place, v ' ./ \ :' . and show wagers. As an example, the indented figure "0211" on the tablet represents the number of the horse while the indented writing "5 x" to the right thereof represents a $5 wager on this horse to win.

Searching for Evidence

In reference to illustration No.4, an examination of the charred paper disclosed two columns of four digit numbers. One of these also shows the recording columns of wagers A horseraces. As an example, the fi ~ "3636" represents the number of the horse while the two figures "2" and "2" to the right thereof represent a $2 win wager and a $2 place wager. Additional evidence, namely num· ber bets, was found in the shelter, and the subject was arrested for receiving and recording horse bets and being concerned in lottery policy-writing. I When confronted with all of the evi• ~ I dence in court, the subject pleaded ~ guilty and was fined. One of the most interesting and .. bizarre attempts by a bookmaker to avoid detection occurred a few years

ago in northern Delaware. The suspect 4 had constructed the first barricaded room encountered by the Delaware State Police. After obtaining a search • warrant, officers located the room in a crawl space which had heen dug out to a size of approximately 6 by 6 feet ~ in dimensions under a bedroom in ~

FBI Law Enforcement Bulle. • rear of a house. The room was fur• for the officers, on the day of the raid During a continuation of the search, -shed with a table, chair, radio, clock, the suspect failed to use the metal the paneling of one wall of the room • d air-conditioner. Entrance to this bar.) Several of them entered the was removed behind which a tele• dugout room was gained by a trap• room and again failed to find the phone wrapped in a plastic bag was door found on the floor of the bed• suspect. found. No horse bets could be found, room closet. This door was covered by All of the paraphernalia used for reo but the suspect was arrested for tam• a rug onto which shoes, bedroom slip• ceiving and recording horse bets, pering with a telephone, was found pers, et cetera, had been nailed. When with the exception of a daily racing guilty, and fined. occupied, entrance to the dugout In addition to receiving and record• paper and a telephone, were present. room from above was prohibited by ing horse and other sports bets and There was also a strong odor of smoke a metal bar which was used to secure lottery policy.writing, there are many in the room. After calling several the trapdoor. other forms of gambling. To mention times for the suspect to come forward, Upon searching the house, investi• a few: baseball pools, football pools, gating officers were unable to find the a police dog and handler were brought crapshooting, slot machines, and suspect. One of the raiding officers, in. When the suspect realized that a Bingo, which incidentally has been however, detected the odor of smoke dog was about to be used, he readily legalized in Delaware. in the area of the bedroom closet. appeared from the farthermost corner Gambling has been with us for cen· Further investigation revealed the of the crawl space under the house and turies, and presumably there will al• trapdoor with a ladder leading down adamantly denied any connection with ways be people who are willing to lose into the hidden room. (Fortunately bookmaking. their money through games of chance_

UNTRUSTY "TRUSTY"

a Recently, a jailer in a western the worn refuse box with a new one. "hair" was found to be a professional Wtate became puzzled over the metic• Becoming suspicious when the trusty jeweler's saw, a piece of high tensile• ulous care which a trusty took in made frantic pleas to have his old box strength steel less than one·quarter the keeping his j ail cell in order. Each returned, the jailer retrieved and diameter of a pencil lead. day, the trusty would clean his cell, thoroughly searched it. This revealed Subsequent inspection of the in• , always emptying the dilapidated cor• what appeared to be a black hair, mate's cell revealed that he had sawed rugated cardboard box which he kept about 5 inches long, which had been two window bars completely through in his cubicle for refuse collection. pushed into one of the corrugated and was working on a third bar in Wanting to reward this inmate for ridges of the box, making it almost preparation for an escape. Needless to his clean habits, the jailer replaced invisible. Upon closer inspection, the say, the trusty was no longer trusty.

• The i"l!wele r's saw (actual size) has teeth so minute they are visible only upon close inspection. : &arch 1971 SAC.I~ /~-~f - 70 R/s 15 President Nixon signs the Executive Order establishing the Notional Council on Organixed Crime to formulale a notional stralegy 10 eliminate ceremony were Allomey General Mitchell, FBI Director Hoover, former Treasury Secrelary Kennedy, former IRS Commissioner How the IRS Enforces the Tax Laws

By DONALD W. BACON* Internal Revenue Service Assistant Commissioner, (IRS) has carried out a great variety Internal Revenue Service, of tasks during its 108­year history Washington, D.C. of enforcing the Federal tax laws. It has investigated violations of the oleomargarine law, checked food and drug samples for ingredients unfit for -Born in Cincinnati. Oh io, Mr. Bacon received human consumption, regulated the hi. Bachelor', degree from Antioch College in Yellow Sprinp, Ohio. He began hi. career with the Service domestic manufacture and use of nar- in 1954 and was appointed Alliatant Cornmi..ioner cotics, administered laws which gave (Compli ance) in 1962. In that capacity he direct. the 1 worle of the Audit; Appellate; Alcohol, Tobacco and a bounty to U.S. sugar producers, and I Firearm. j Collection; and Intelligence Divisions j and even issued residence certificates to the Office of InternatioDal Operationl of the Na- ·1 tional Office. Chinese laborers. tit 1 16 FBI Law Enforcement Bulletin 1 ~~IRS enforcement activities have as their mis• sion the encouragement of taxpayers to honestly, accurately, and willingly comply with the law. Without this compliance, the tax system would not work."

mit fraud; yet it was not until 1919, IRS Special Agents are experts at 6 years after the enactment of the 16th locating hidden assets or unreported amendment and the first income tax sources of 4lcome and are skilled in law, that the Intelligence Unit was es• methods of determining the true in• tablished. come of a tax evader. Unlike the usual The reasons for the new unit were criminal offense, tax fraud involves obvious. Since 1913, total tax collec• many illegal acts committed over a tions had increased tenfold and per• period of years. An investigation is sonnel from 4,000 to 14,000. An in• further complicated by the vast num• ternal inspection unit was needed to ber of past business transactions, the insure public confidence in the self• various methods of evasion, and the assessment American tax system. An voluminous records which must be additional function of the new unit, analyzed. which was originally composed of six In one case, the president of a Mid• former Post Office inspectors, was the west manufacturing firm tried to con• investigation of attempts to defraud ceal corporate income through a series the Government. of financial transactions with three In 1927, a Supreme Court ruling companies. The taxpayer's company upholding the taxability of illegal in• purchased supplies from another firm, come gave the Intelligence Unit a also controlled by the president, at Some of the Council members present at the clear mandate to investigate some of prices 6 percent higher than normal. IRS Chief Counsel Worthy. the Nation's most notorious racketeers The second firm retained one-sixth of and corruptors. Al Capone, Johnny this excess charge and sent the re• Torrio, Frank Nitti, "Boss" Pender• mainder to a third company, which gast, Micky Cohen, "Nucky" John• had no capital, no equipment, and no son, Albert Anastasia, Frank W ort• office. It consisted only of the presi• man, "Waxey" Gordon, and Frank dent's son. Hundreds of thousands of Costello were involved in some of the dollars were concealed in this manner Over the years, many of these jobs more publicized cases handled by the until IRS Special Agents exposed the have been discontinued to be replaced unit. scheme. r by others more directly related to tax Tax fraud investigations often administration. Intelligence Division originate in taxpayer audits, referrals The most obvious function-the in• from other agencies and IRS divi• ... vestigation of tax fraud, including Today, as income tax collections sions, and informants' letters and are ~ failure to file tax returns and evasion total $188 billion, the Intelligence sometimes generated by the same com• of income, wagering, and other Fed• Unit has become the Intelligence Divi• puters that process well over a hun• ~ eral taxes-is that of the Special sion, with more than 1,800 special dred million tax returns a year. Agents of the Intelligence Division. agents. Holding degrees in business, One recent case involved a corpo• As early as 1863, the Secretary of law, and accounting, the agents are rate vice president who had not filed '. the Treasury was empowered to hire trained at the Treasury and special a return since 1944. Computers r I nts to help detect those who com• agents law enforcement schools. matched data furnished by employers

arch 1971 17 and financial institutions with in• 18 officials of the Federal Government, lyn, Buffalo, Chicago, Cleyeland, De• formation on the IRS master file of including the Attorney General, the troit, Kansas City, Los Angea. taxpayer accounts to identify the tax• Director of the FBI, the Commis• Miami, Newark, New Orleans, • payer as a non filer. The end result was sioner of Internal Revenue, the Direc• York, Philadelphia, Pittsburgh, St. a visit from special agents and a guilty tor of the Secret Service, and others, Louis, and San Francisco. plea by the taxpayer to five counts of will go far to make the Government In addition to chasing tax evaders, willful failure to file returns. more efficient in fighting the syndicate. the IRS is often closely identified with Another case originated in a bribery In addition to taking part in this another enforcement function-ad• investigation successfully completed cooperative effort to formulate strat• ministering Federal liquor laws. How• by State law enforcement officials. egy to combat organized crime, the ever, responsibility for the enforce• While hunting for unreported bribes IRS has been involved in many joint ment of the Federal liquor laws has on tax returns of some businesses and actions on the tactical level. One of not always resided with the IRS, and individuals, special agents discovered these is the Federal strike force. Com• even the existence of these laws often that campaign contributions, as well posed of State and local law enforce• has varied with the Government's as bribes, were being deducted as ment agencies, representatives of the need for revenue. regular business expenses. Department of Justice, the Internal Congress passed the first revenue Revenue Service, and other Federal act in 1791, more than 70 years be• Council on Organized Crime agencies, strike force teams go into an fore the IRS was created. One of the area together, pooling and analyzing items taxed was "spirits." Taxes on Such multi pronged assaults on their information to root out organ• liquor were repealed in 1802, rein• crime are especially valuable in the ized criminal elements. In most areas stated in 1813, repealed in 1817, and battle against organized crime. Re• IRS Special Agents, Revenue Agents, reinstated in 1862 to finance the Civil cently, President Nixon established the and Alcohol, Tobacco and Firearms War and have remained to the present National Council on Organized Crime Investigators provide the largest por• day. and gave it the job of formulating a tion of the total manpower. The 18th amendment, prohibiting national strategy to eliminate orga• Strike forces are now operating in the manufacture, sale, or transporta• nized crime. The Council, composed of 17 cities: Baltimore, Boston, Brook- tion of intoxicating liquors for bev• erage purposes, and the Volstead.M An ATF Laboratory technician operates a multichannel analyzer used in neutron-activation analysis, a sensitive method of comparing samples of physical evidence via radioactivity. The were responsible for the establish. analyzer measures the gamma rays which the sample emits after exposure to neutron flux. of the IRS Prohibition Unit. In 1925 alone, the Prohibition Unit made 77,000 arrests and seized property valued at $11.2 million. In 1930, pri• mary enforcement of the liquor laws was shifted to the Justice Department but was returned to Internal Revenue after Prohibition, along with regu• latory and tax-collecting duties.

ATF Division in Action

Because State and Federal laws govern the manufacture, transporta• tion, and sale of liquor and because of the difficulty in ferreting out "moon• shiners," the attack on illicit liquor involves the closest coordination be• tween Federal, State, and local law enforcement agencies. Such cooperation has been es• pecially evident in the "Operation

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An important part of Operation Dry-Up--an intensive investigative program designed to eliminate large-scale illicit liquor operations-was an ·formation campaign to inform the public of the dangers of "moonshine." In addition to radio, TV, and newspapers, such devices as posters, mper stickers, booklets, fans, and even milk cartons were used to convey the message. 4ry-Up" program, which was by tests which showed that 90 percent ably because of shifts in consumption launched in 1963 and designed of "moonshine" seized contained of alcoholic beverages to legal mar• to eventually eliminate large-scale deadly lead salts. kets. More importantly, as a result illicit liquor operations in a seven- Sometimes, the results of a raid of this continuing program, many vio• State area. Experienced investigators proved more horrifying than a doc• lators are leaving the "moonshine" business. A valuable aid in the enforcement "The officers discovered that the illegal whisky was being of the liquor, gun, and income tax made with canned lye as an additive to the mash. to speed the laws is the ATF Laboratory in Wash• fermentation process." ington, D.C., the second oldest Gov• ernment laboratory. It was one of the pioneers in neutron activation anal• from the Alcohol, Tobacco and Fire• tor's warning. After a week of sur• ysis, an extremely effective method of arms (ATF) Division were concen• veillance, county sheriffs and ATF physically matching two pieces of the trated in the States where "moon• agents raided a still on an island off same material--e.g., one that is shine" was a problem. There they the coast of South Carolina and ar• found at a still site and the other joined forces with local law enforce• rested two men. The officers discov• in the possession of a suspect. Such ment officers to make thousands of ered that the illegal whisky was being match-ups provide convincing cir• raids on illegal stills. At the same made with canned lye as an addi• cumstantial evidence in court that time, an intensive multimedia public tive to the mash to speed the fermenta• the suspect was at the still site. The education campaign was launched, tion process. samples are placed in a nuclear reactor enlisting the aid of medical associa• In the first 5 years of Operation capable of bombarding them with a • tions, local officials, and television and Dry-Up, more than $27 million in ad• tremendous number of neutrons, thus _ ovie stars. The drive was backed up ditional revenue was collected, prob• making the samples radioactive. Radi•

March 1971 19 call this call will be kept 737-4000 stricti to report confiZtnti81 illegal guns

ATF investigators display weapons seized for violations of the Gun Control Act in the evidence room of IRS National Office in Washington, D.C.

Agents of the Alcohol, Tobacco and Firearms Division prepare to destroy an illegal stili.

This poster was used to achieve public • cooperation In a j program to combat illegal use of firearms in the District of Columbia. Citizens were urged to report illegal guns to ATF investigaton. ..

t ation emitted by the samples is then and shotguns to persons under 18; involved an off­duty District of Colum- . asured by an electronic radiation provided more emphasis on the bia patrolman who spotted the butt of . ection device. Finally, the informa- record­keeping responsibilities of li- a revolver in a man's pocket on a city tion is converted to graphic form, censees; and called for the registration bus. The policeman took the man off from which IRS scientists can deter- of destructive devices and gangster- at the next stop, and his search of the mine whether the samples match. type weapons. suspect's shopping bag disclosed five The IRS Laboratory cooperates Because the purpose of the Gun Molotov cocktails made from light with other Federal and State agencies Control Act is to help Federal, State, bulbs. The suspect was charged with and, at times, with industry. An ex- and local law enforcement officers violating the Gun Control Act. ample of this cooperation is the agree- fight crime and violence, and because In another case, agents found 180 ment with the FBI, Post Office Depart- of the many State and municipal gun illegal weapons and 13,000 rounds of ment, Food and Drug Administration, laws, ATF has cooperated with other ammunition in a house in a Maryland and Geological Survey to share the authorities for effective enforcement. suburb after an undercover agent costs of using the Naval Research An example of such concerted action managed to buy a few guns for evi- Reactor for detective work. is "Operation Disarm the Criminal" dence from the occupant. ATF also administers the Federal in Washington, D.C. IRS enforcement activities have as gun laws. The first Federal firearms In this pilot project, 50 ATF agents their mission the encouragement of legislation, the National Firearms teamed up with the District of Colum- taxpayers to honestly, accurately, and Act, became law in 1934. Passed after bia police to get guns out of the hands willingly comply with the law. With- Congress was alarmed by the at- of criminals and to break the flow out this compliance, the tax system tempted assassination of President and use of illegal weapons. The Jus- would not work. Voluntary participa- Franklin D. Roosevelt and the pro- tice Department promised speedy pro- tion on such a massive scale is ground- liferation of gangland murders by secutive action against the offenders. ed in the assumption by each taxpayer, machineguns and sawed­off shotguns, In less than 6 months, 124 cases in- as he complies with his responsibilities the law imposed taxes on the transfer volving illegal possession of firearms as a citizen, that others are doing like- and making of gangster­type weapons were investigated, 92 within the city wise, and that he can depend on the and called for their registration. Four limits. IRS to root out and prosecute those ars later, the Federal Firearms Act One of the fi rst cases of the drive who would evade theirs. ijl • ablished licensing requirements for firearms dealers and manufacturers IRS enforcement d ivisi ons a re represented by the three badges. and prohibited felons and fugitives from transporting firearms or hand- gun ammunition In interstate ~ commerce. Until 1968, these were the only gun laws ATF had to work with. Limited though they were, they helped produce some results. Between 1962 and 1967, 'i firearms investigations resulted in the recommendation of 3,230 criminal cases for prosecution and the seizure of 14,060 firearms. The IRS firearms function, how- ever, did not become a major enforce- /'It ment program until the enactment of the Gun Control Act of 1968. This law, among other things, channeled inter- state and foreign commerce in fire- arms through federally licensed im- porters, manufacturers, and dealers; ~ prohibited the sale of pistols to per- sons under 21 and the sale of rifles

. rCh 1971 The young first offender is difficult to sentence. A dismissal often encourages a life of crime; fines, jails, and probation may brand him a crim• inal. The alternative is a sentence that is as tough as steel, yet provides an opportunity for self-reformation. Punishment for First Offenders

His name was Joe Smith.1 He was typical of many offenders who appear before the city courts on a misde- meanor charge. He was 18 years of age and had finished high school a few months before he was arrested for drinking and fighting. He had never been in trouble before, except for a referral to the juvenile court for tru- ancy from school when he was 16 years of age. He was warned and re- leased to his parents then; the case By was closed. KEITH J. LEENHOUTS* When he appeared in court this President, time, all alone without parents or Volunteers in Probation, Inc., friends, he was ready to plead guilty. Royal Oak, Mich. He had done wrong and was willing to take his punishment. (The penalty for a misdemeanor in most States is a maximum of 90 days in jail, a $500 fine, or 2 years' probation.) The judge, however, indicated on the court file that he "tendered a plea of guilty, .A nalive of Grand Rapid" Mich., Mr. Lecohouu which the court was taking under received an A.B. degree from Albion Collecc in 1949 and an LL.B. decree from Wayne State University advisement. " Law School in 1952. He lerved AI Municipal JudCe and District Judge in Royal Oak from 1959 until he 1 FictitioUI. relligned in 1969 10 accept hi. present position, ,

22 FBI Law Enforcement Bulleh will be forfeited. You will be sentenced for both offenses with a fine and/ or jail term, probably with regular probation ~~Now, first of all, let's get one thing straight. as part of the sentence. A jail term is likely under such circumstances. This court is not interested in giving dismissals. This we will not do. However, we are interested "If, on the other hand, you perform all of these obligations successfully, in giving you the opportunity to earn a dismissal the judge will dismiss the case after a if you really want to." year or so and you will have nothing on your record. "The important thing for you to decide, and only you can decide it, The judge often kidded himself ing you the opportunity to earn a dis- Joe, is how important it is to you not about this, telling friends and au- missal if you really want to. to have a criminal record. A criminal diences, "When anyone else doesn't "Before you say yes, consider a few record, even of a misdemeanor of- know what to do, he says, 'I don't things. First, it will be tougher on fense, can hinder you in the procure- know.' When a judge doesn't know you. You are a first offender. You ment of employment, in entering the what to do, he says, 'I will take the probably will receive a fine of about armed forces, in your life's profes- matter under advisement.' " Thus, the $50 to $100 and probation if you do sion, in procuring a bond needed in judge continued the case for 3 weeks not apply for an opportunity to earn your work, and in many other ways. to contemplate the matter_ He referred a dismissal. Your parents will most "What do you have in mind for it to the presentence department_ likely pay your fine, or at least help yourself? If you have little concern Joe met with the presentence in- you pay it. Probation will be strict, for yourself and your future, if you vestigator, a retired superintendent but not as strict as the supervision do not care about employment and of schools_ He had time to listen to under the terms of the adjournment future accomplishment, do not apply Joe_ After Joe told his story and they work plan. for the work detail plan. It is harder had "chatted," as the investigator "The work detail plan operates like and tougher. No dad has ever been out d put it, for 2 or 3 hours, he told this : You must petition for this pro- there raking leaves in the parks, help- • that he wanted to talk to his par- gram. The court will not, it cannot, ing remove diseased trees, working at ents_ Joe did not like this idea, but order it. The court can only assess snow removal, and so on. That will 'he the investigator told him the judge in- fines, j ail terms, probation, and ad- you out there. But many dads pay sisted upon it. journ cases. Nothing more. I will rec- fines. We both know that. ., A few days later Joe came back ommend that the court adjourn this "So, Joe, consider it well. Talk it with his parents. The four of them case if: over with your parents, your friends, talked for several hours. (The inves. and, we hope, an attorney. But ulti- • tigator and the judge had already de. 1. You will work a total of 8 days for the mately you must decide what you cided that no psychological testing or city of Royal Oak. You will work 8 want for yourself. If you think you hours a day on Saturdays. If this in- have a good future and good poten- psychiatric evaluations were nec- terferes with your regular job, other • essary.) arrangements can be made. You will tial, if you are serious about your Then the investigator leaned back work hard. hut with dignity. contribution to society, to the family in his chair a little bit, took a couple 2. You will pay the court $% to cover the you will have someday, and to God as of extra long puffs on his pipe, and cost of insurance, supervision hy city employees, and the administration of you know Him, then you might want said, "Joe, how would you like to the program by a retiree. to earn a dismissal. 1£ not, we can pro- earn a dismissal of this charge?" Joe 3. You will report regularly each week to ceed in the usual manner. .. and his parents were a little surprised. a volunteer who will act as your spon- "One other thing you should know. l They had never heard of this before. sor, friend, and counselor. We do not offer this opportunity to However, they did indicate their in- 4. You will report once a month to either everyone. We look for five things: terest, and the investigator continued, a retiree or to one of our part­time pro- "Now, first of all, let's get one thing fessional staff counselors_ The volunteer 1. No prior criminal record or, if any at straight. This court is not interested will also report to him monthly. all, a minor record. You qualify here. 5. You do not commit any other criminal • in giving dismissals_ This we will not 2. Parental concern.Your parents are here offense. If you do, all the work you have and we know they are concerned . • However, we are interested in giv­ done and any payments you have made 3. Payment of any damages to property or

IPrch 1971 23 for any injuries you have inflicted on chance to avoid a jail term and a fine Joe left the courtroom with the in- others. There were no damages or in- with regular probation. Do you want vestigator to meet with another. juries in this case. this pressure? Do you want this re- tiree, who formerly worked 30 y 4. A feeling on your part, Joe, that you are sorry for what you did, not just sponsibility? for a leading automobile company sorry that you got caught. We sense that "Do you realize that this decision and now administers the work detail here. requires intestinal fortitude­j ust program. After explaining the matter 5. A record of some achievement. Your plain 'guts'? This means that when to Joe, the administrator assigned high school diploma attests to that. a friend calls up and says, 'Let's go him to a work crew of five under the "You meet these qualifications. drinking,' you have to say, 'No.' He supervision of a city employee who is Sometimes we offer this to youngsters might laugh at you and call you a paid time and a half for his overtime who fit less than all five categories, goody­goody. Do you have that kind work on Saturdays. His work began but in your case there is no doubt of courage? Anyone can go out and within 2 or 3 weeks. that you deserve this opportunity if drink and fight. That's easy. It takes This administrator is really the key you want it. a real man to accept the taunts and person in the program. If a young "Joe, I will see you and your par- scornful laughs of his 'friends.' Do offender misses a Saturday, he knows ents on your sentencing day. We hope you have that kind of courage? about it on Monday. On Thursday the you will make the right decision, what- "Do you know that we will not give youth is before the court. If he has ever it is." you a thing ? You will earn it by hard no valid reason for missing, he is as- work and diligence. If you want some- signed additional workdays and costs. Sentencing Day thing for nothing, do not apply for If he has a good reason, he is excused. this. It just will not work. Life is not Generally, for an excuse to be valid, it On sentencing day, Joe, his parents, that way. Are you sure you want to must be requested ahead of time, al- an attorney whom Joe had consulted do this?" though there are exceptions. When the after the court urged him to do so, Joe said that he did want to earn a defendant cannot work on Saturdays, and the investigator all appeared be- dismissal and that he knew he could he is assigned to the hospital or the fore the court. In his hand, Joe had do it. His parents, his attorney, and Salvation Army on other days. a petition which he and his parents the investigator agreed. Women offenders also go to the hos- had signed. It was a petition to earn The judge softened his voice, but pital or the Salvation Army. a dismissal through the work detail program. The judge, much to his own discomfort and unhappiness, filled the role of the skeptical disciplinarian. However, he had long since resigned Punishment, in most cases, is a necessary part of the himself to the fact that the volunteers, rehabilitative process_ A defendant should know there is a the retirees, and the professional right and there is a wrong. He should know that wrongdoing means punishment. counselors would give the affection, concern, and friendship. He would give the discipline and be the au- thoritarian figure. Carefully avoiding the use of the just a little bit, "All right, Mr. Smith, After receIvmg his work assign- defendant's first name, the judge said, the adjournment is granted for 1 year. ment, Joe goes to see his volunteer "Mr. Smith, I have been advised that Let me add this. We think you can sponsor. The volunteer might be a you would like to earn a dismi al do the job, or we would not have mechanic, an insurance agent, a law- of these charges. I must ask you a few granted this opportunity to you. We yer, or anyone else in the community questions. Do you realize that this is do not believe that your name, or the who is warm, sensitive, concerned, the tough way for you to go? The name of your family, should be on the understanding, and empathetic. They alternative would be much easier. Do court records at all. It never will be meet weekly and usually become life- you know that if you succeed in every- if you do the job we think you can long friends within a few months. He thing that is required of you for 364 do. Good luck! I will look forward to also meets monthly with another re- days and then commit a second of- seeing you a year from now and then tiree who administers the volunteer fense, I will sentence you quite we will dismiss this case. Noone will program. severely ? You must not expect another ever know you were before the court." Because Joe was charged with

24 FBI Law Enforcement Bull alcohol-related offense, he also at- All of us have to earn these ourselves. completed it successfully. About s the alcohol information school, They cannot be given. They must be 1,000 offenders have applied for the • ht by a recovered alcoholic and earned. The defendant earned self- work detail and have performed under administered by another retiree_ respect and this was important. In it. We feel that this is a good record. Joe did well and performed all of fact, it is the great struggle we all have. To be successful, the defendant must his obligations and duties. He and his When we acquire this, we have won a report as directed, pay his costs, do volunteer sponsor soon became good very important victory. "Love your his work, and commit no more crimes friends. His sponsor was a radio and neighbor, as yourself," the Bible says. within the period of adjournment, TV repairman and Joe was interested We should love ourselves. Most offen- usually 1 year. Later repeat offenses, in electronics. They repaired several ders hate themselves. after the I­year period, have been very rare. One thing amazed us from the be- ginning, about 95 percent of the "You cannot give anyone self-respect, honor, dignity, defendants who were told of this and pride_ All of us have to earn these ourselves_ They can• opportunity applied for it. We fully not be given. They must be earned." anticipated that only 10 to 15 per- cent would ask for this chance. We too had heard all the barbershop talk about how great it was to have a jail TV sets together. Joe's interest grew The judge believes that punish- record. You do not hear these words in and now, several years later, he is in ment, in most cases, is a necessary court, however. When over nine out electronics. part of the rehabilitative process. The of 10 young offenders, 17 to 23 years The re~l thrill of the program is at defendant should know there is a right of age, who have committed the more the end of the year. Joe came back in and there is a wrong. He should know serious misdemeanor violations of court for his dismissal date. The judge that wrongdoing means punishment. theft, disorderly conduct, fighting, said, "Mr. Smith, did this court do If he does not learn this, there will drinking, and drunkenness took the anything for you?" probably be more wrongdoing, more hard way out to avoid a criminal .~ started to say, "Yes, sir, it sure criminal acts. However, punishment record, we were very pleased. Much should end! For those who go to jail to our surprise, about half of the The judge interrupted him, "Al- even for a day, pay a fine of even $1, defendants under supervision were ways remember, Mr. Smith, that this or go on probation, it does not end. referred to the work detail program court did nothing for you. You did it They have a permanent criminal rec- within 2 years after it began. The for yourself. You set for yourself a ord. This record can, and often does, balance were assigned to regular goal and you accomplished that goal. cause them trouble for the rest of their probation. You earned your dismissal. No one lives. This is wrong and probably is gave it to you. You earned the right even a greater injustice than the orig· Constructive Punishment to leave this courtroom with dignity, inal criminal act. The work detail honor, pride, and self­respect. We are avoids this. The punishment is mean- Another aspect of this program is ~ proud of you and you should be proud ingful and sufficiently severe. But it that the punishment is constructive. of yourself. This case is dismissed and has an end, and then it is no more. Jail is a waste of time. Sitting in a cell i the police department will be so ad- This is so important! helps no one. By doing needed work, vised. You have no criminal record. We believe that the work detail is the defendant feels useful and worth- Congratulations and good luck!" effective since it combines the equiv- while. Also, is not society really say- Joe then sho~k hands with his alent of jail (limitation of freedom ing, "We need your talents, your sponsor, his counselor, and the judge. on the workdays) with the equivalent energy, and your time"? Jail terms do He had worked hard for this day and of a fine (payment of the costs of the not say this. he was glad it was all over. So were work detail program and the equiv- We were very careful from the ~ the judge, the sponsor, and the alent of probation (unofficial, but very beginning to avoid work that was counselor. actual, supervision). Added to these being performed by the city em- The main idea of the program is is the hope of earning a dismissal. ployees. We had no desire to eliminate ~ simply this. You cannot give anyone In the 5 years that we have used jobs or create unemployment. In this self­respect, honor, dignity, and pride. this program, about 98 percent have we had the complete cooperation of

tach 1971 25 the city manager. Only work that had courts have started using it more re• punishment is now over. It does not never Ibeen done, like raking leaves cently, but it is too early to tell the continue indefinitely. Under this program psycholotrA in the city parks, was assigned. One results at this time. professi~ ~ winter the work crews helped burn dis· The reports of the work crew super• psychiatrists, and other eased Dutch Elm trees. They removed visors are, almost without exception, volunteer their services. Individuals hlllfldreds of trees that could never very good. Many times we receive a employed in many different fields also have been destroyed by the city report which states, "This boy has an give freely of their time to sponsor workers alone. The city employees excellent attitude. He is a good worker. the youths who choose to earn a dis• missal of the charges against them. The program is entirely administered by retired citizens of Royal Oak. Some "Individuals employed in many different fields also give work part time as volunteers while freely of their time to sponsor the youths who choose to others work full time and receive mini• earn a dismissal of the charges against them." mal salaries paid by donations from businessmen in the community. One of our volunteer psychiatrists actually began the work detail. He appreciated the opportunity to earn I do not know how he got in trouble. told the judge about a professor he time and a half in wages on Saturday. I recommend he be released early from had in medical school who said, Because so many wanted the job, they the work obligation and his period of "Gentlemen, you will never do any took turns. supervision." When a poor report is good. ature will cure. God will heal. Our city attorney opined that a received, which is quite rare, the de• You will be great doctors if you just special insurance policy should be fendant is assigned additional days do no harm. If you can avoid doing procured. It was, but no claim has on the work crew if a warning is not harm, you will be doing the best you ever been made under it. If a defend• effective. can. Just stay out of the way of nature ant is injured due to his own negli• In most cases, the entire cost as• and God." gence, he is covered by the special sessed is prepaid, often out of the bond policy. Regular insurance coverage of money. In cases of hardship, the de• Keep the Faith .. the city provides the balance of the fendant is given a period of months needed protection. The defendants are to pay the $48 or $96. The doctor later realized what'Te not considered to be employees but In rare cases, the defendant has professor meant-do not panic. Do are furnishing services under contract. been assigned 12 to 24 workdays. In not run after every new miracle drug. This avoids many problems. a few unusual cases, felonies have Have faith in your patient, yourself, been reduced to misdemeanors to nature, and God. Do not do any harm. God and nature will do the good. A Lower Rate of Felonies allow the utilization of the work detail program. In each such case, it has We tried to apply this to the court. Another factor is very significant. been successful. These cases account Do not do any harm. Do not give the Between 80 and 90 percent of the for most of the assignments of 24 defendant a lifelong criminal record. felonies in Royal Oak-serious crimes working days, with an assessment of Have faith in the defendant. Give him such as murder, rape, and armed rob• costs in the amount of $288. a chance to earn a dismissal. Give him bery-are committed by person who The judge on the bench when the a chance to earn dignity, pride, honor, have previously been found guilty of program was initiated is now retired. and self-respect. Let him do the good. a misdemeanor or a juvenile offense. He looks back at his days as judge Given a chance, he will. with considerable satisfaction when he If we can deal successfully with the e I know he will, for I was the judge. young offenders, we may be able to realizes that hundreds of youngsters I know Joe Smith. I am proud to say prevent many felonies. At the very do not have a criminal record because he is a friend of mine. least, we know punishment blindly of the work detail program. They re• 1£ this makes ense to you, write us, and quickly administered does not ceived meaningful and appropriate Volunteers in Probation, Inc., at 200 work. Should we not try something punishment which, along with re• that can work? habilitative techniques- usually one• Washington Square Plaza, Royal Oak, Another city successfully utilizing to-one volunteer counseling-was Mich. 48067. We will help you get this concept is Tulsa, Okla. Other effective. Perhaps best of all, the started! ~

26 FBI Law Enforcement Bull_ PARK PATROL e (Continued from page 6) basic training, all personnel will be required to attend periodic 1- or 2-day refresher courses_ Because of the lack of written mate• rial on mounted police training, we found it necessary to start from the beginning and develop our own tech• niques and procedures_ By consulting with and observing other mounted units, we learned from their experi• ences and gained knowledge from their successful handling of actual situations_ This aspect of getting the program organized cannot be over• emphasized since most of the informa• tion available in our immediate area was based on personal theory and/ or personal conviction rather than on actual experience. It was believed

dangerous to entrust this new training A hostler cleans and grooms one of the horses of the Fairmount Park Mounted Unit.

Mounted officers patrol a crowd in Fairmount Park. to hearsay "theories" and unproven HANDWRITING EVIDENCE "maxims." Such an approach could only bring discredit to the force and CONVICTS THIEF might possibly have resulted in need• less personal in j UJries. Thefts from interstate shipments forwarded to the FBI Laboratory for The special force will be mobilized had become an expensive problem for comparison with labels obtained from during all appropriate emergency a large express company in the merchandise which had obviously situations. During interim periods the Midwest. The company's security de• been relabeled but not yet delivered. men perform their normal patrol du• partment conducted an extensive in• After examination of this evidence, ties in the commands to which they vestigation to find out how the Laboratory experts positively identi• are regularly assigned. merchandise was being stolen. Com• fied the handwriting thereon as hav• Upon request of the Philadelphia pany officials discovered that the ing been prepared by this suspect. Police Department, this special force stolen shipments had been relabeled Based on this information, he was will be assigned to the officer in and delivered to receivers other than arrested and charged with violation of ~ charge of the city's Riot Control Unit. the intended consignees. Since this the Theft From Interstate Shipment The special force will then operate is a Federal violation, they called in Statute. as a part of and subject to the orders the FBI. Agents conducting the in• An expert from the FBI Laboratory of that unit until the need for their vestigation determined that one testified to his findings during the services has passed. This arrangement employee had been working the out• suspect's trial. The subject was found not only benefits the city by making bound trailers where the stolen ship• guilty and sentenced to 3 years in cus• available specially trained personnel, ments had been located. tody of the Attorney General. but likewise benefits the Fairmount This suspect was interviewed and The subject later appeared in court Park Police by helping us keep up to requested to furnish specimens of his and advised that he did not wish to date in perfecting our already proven handwriting to FBI Agents. He was appeal his conviction. The judge re• techniques of crowd control and keep• uncoopenltive, and the Agents had to duced the sentence to 5 years' proba• ing abreast of new developments in obtain specimens through his employ• tion and made the requirement that this field. ment application and other sources. the subject serve 30 days a year in It is believed that the cost of this These handwriting ,srecimens were jail for each of the 5 years' probate special training will be negligible J,1, L. P~31 when compared to the benefits realized by preventing casualties and injuries UNLAWFUL FLIGHT TO AVOID PROSECUTION, to persons and limiting or reducing property damage. Experiences in CONFINEMENT, OR GIVING TESTIMONY Philadelphia, Washington, D.C., and ew York, among others, furnished The interstate flight of a person to Hight of persons to avoid giving testi• more testimony to this fact than any• avoid prosecution or custody or con• mony in any felony proceedings. As a thing that could be written here. finement after conviction for a felony matter of practice, fugitives appre• or an offense punishable by death is ~ a FederaI 0ffense WI'th' m th' e fives t'Iga• hended are usually released to local , Conclusion tive jurisdiction of the FBI. The Fed• authorities for extradition and prose• In conclusion, it is our firm belief eral statute al,so c0'!Jers i1n~erstate cution or confinerre~tJ ft,~ J." that many of the complex problems C~~ ~icf~J af~ ~ facing modern-day law enforcement organizations may be solved, or at least minimized, by the effective use CRIME MAY COST THE CRIMINAL of well-trained mounted policemen. To this end, we will continue our Under a recently enacted Penn• make restitution to the victim. It au• mounted unit as an integral part of sylvania law, the courts may compel thorizes the sentencing judge to con• our department and will continually any person who is convicted of a crime sider the financial condition of the be alert for additional duties they involving theft or damage to property offender, the extent of the injury, and can perform in their usual efficient or injury to person to be sentenced not to set appropriate arrangements for • manner. only to imprisonment, but also to restitution. I 28 C/\~"'n,)..J Un~ c;y~r FBI Law Enforcement Bulle n / :J. - 16) - 70 f· I J1 THE LEGAL DIGEST at that point was impractical and Thus the implication is that the offi- perhaps not safe for the offi· cers had no authority to keep the ve- (Continued from page 10) e cers ..." 33 Moreover, the Court hicle from him or from any person Court, by Mr. Justice White, put the concluded that "it would serve the he might send for it.36 There was the decision squarely and solely on the owner's convenience and the safety of possibility, therefore, that further Carroll doctrine. The search at the his car to have the vehicle and the delay in the search might result in the 37 station, he said, was clearly too re- keys together at the station house." 34 loss of evidence. mote in time and place to be justified as incidental to the defendant's arrest. But the search of an automobile on probable cause is based on a theory "Removal of the car was justified, the Court said, because "wholly different from that justifying the arrest was made 'in a dark parking lot in the middle of the search incident to an arrest." the night. A careful search at that point was impractical Quoting from the Carroll decision, the and perhaps not safe for the officers. .••' " Court said: "The right to search and the validity of the seizure are not de- pendent on the right to arrest. They are dependent on the reasonable cause There remained, then, onl y the It had been argued that, because the seizing officer has for belief that question of mobility. Justice White of the preference for judicial deter- the contents of the automobile offend failed to explain why mobility still ob- mination, the station wagon should have been held by the police while a against the law." 32 The Court found tained at the police station, except to that the facts in this case supported say that there was no statutory au- warrant was obtained. But the Court both an arrest of the occupants of the thority to hold the vehicle "as evi- could see no constitutional difference, station wagon and a search of the car dence or as an instrumentality of "between on the one hand seizing and holding a car before presenting the when it was first stopped. Since the crime; nor was the station wagon an probable cause issue to a magistrate probable cause factor and the mobil- abandoned or stolen vehicle." 35 For and on the other hand carrying out an ity of the car "still obtained at the this reason, police control over the immediate search without a warrant. ionhouse," the search there with- car was very limited. As the Court • a warrant was not unreasonable. Given probable cause to search, either noted, the car was in custody, at least course is reasonable under the Fourth in part, for the owner's convenience. Amendment." 38 Don't Misunderstand

Despite the broad language of the 33 399 u.s. al 52, n. 10. 36 This "'as one of the factors in Preston tbat led the Court to declare the incidental search invalid. opinion, it would be a mistake to con- •• Ibid. See, Cooper v. California, 386 U.S. 58 (1967). There clude that the warrant requirement no was a suggestion in Cooper that what was really, or 3G Paradoxically, this argument seems to cut both perhaps additionally, wrong in Preston was tbat the ways with the Courl. Justice White is suggesting here longer applies to automobiles. The search was unrelated to the reason for arrest. that the vehicle could be searched without a warrant Court emphasized that a warrant may Although there was cause to believe that the car because the police lacked statutory authority to relain was stolen, Preston was arrested for vagrancy. not for p08!Jcuion of the car. Thu8, unless an immediate be necessary in some circumstances auto theft. It is quite plain that there il no physical eearch was conducted, important evidence might be 10llt e vidence of the crime of vagrancy. By contrast, the , even though there is probable cause to or destroyed. And yet, in the earlier Cooper caae, the search in Cooper. involving a vehicle seized for for- Court sustained a warrantless search of a car for search. It is only where the car is feiture proceeding. "was closely related to the reason the very reason that the police had statutory authority readily movable and "the opportunity petitioner was arrested. the reason his car had been to seize and retain possession of it. The police there impounded, and the reason it was being retained." to search is Reeting" that the officer were required by State law to seize a vehicle which can lawfully proceed without a war- had been used in the transportation of narcotics aDd rn It is difficult to reconcile this position with the hold it for a later forfeiture proceeding. In those view expressed in Preston, supra footnote 30. In that rant. As we have seen, this language circumstances, the Court said, ..It would be un- case, the Court assumed that the officers had sufficient " was rather generously interpreted in reasonable to hold that the police, having to retain cause to believe the car was stolen and thus could the car in their custody for such a length of time, have searched the vehicle when they first came on Chambers to encompass a vehicle that had no right, even for their own protection, to search the scene. But the Court ruled. citing Carroll 8S had been taken into police custody. i .... Cooper v. Cali/ornia, 386 U.S. 58, 61­62 (1967). authority. that "once the men were under arrest at This leaves only the situa t. ion where th e search is the police station and the car was in police custody Removal of the car was justified, the bued solely on the fact of arrest. That is to lay, at a garage." there was no longer "any danger that Court said, because the arrest was tht're is neither an independent showing of probable the car would be moved out of the locality or juris- cause to search, nor any statutory authority directing diction." For this reason, the late r search at the made "in a dark parking lot in the police to seize and hold the vehicle until a forfeiture station was ruled invalid. It is thus quite evident that middle of the night. A careful search proceeding is completed. In 8uch a case, a learch of the Chambers decision has sharpl y relaxed the detini. ~ the car can be justified onl y as incidental to arrest, tion of mobility. and the time and scope limitations imposed by Preston and Chimel must be f o llowed. 38 399 U.S. at 52. i «::',::, 29 It is too early to say with any as- search of the automobile and an ar- traband, or evidence of the crime surance what circumstances­other rest of its occupants, the vehicle can for which the arrest is made. Cia the possible existence of such ite_ than personal safety or the owner's be taken to the station house, where no further justification for the search convenience­­will support a delay an immediate search should be con- is necessary. and removal of the vehicle to the ducted. The longer the delay, the more 3. Scope 0/ the search.-If the courts police station. One thing seems fairly likely it is that a reviewing court will in your jurisdiction hold that the clear: the officer cannot routinely post- find there was ample opportunity to Chimel limitation applies to cars, the search can encompass only that area pone the search and take the car to secure a warrant. of the vehicle which is within the the station for a later examination. A It should be apparent from all this immediate reach of the person delay is permitted only where it is that important differences exist be- arrested. Should the courts hold to impractical to search the vehicle at tween searches made incident to arrest the contrary, you can search any the scene. This is particularly true and those conducted under the Carroll place in the car where the items where the search is neither accom- rule. These differences may affect not sought might be located. 4. Place 0/ the search.-The search panied, nor followed, by an arrest. should be conducled at the same time What is not so clear is the question of and place of the arrest. Removal of what constitutes a reasonable period Law enforcement officers the car to the police station will nor- of delay.39 In Chambers, the search of other than Federal juris- mally terminate the authority to search leading to discovery of evidence was diction who are interested incident to arrest. made shortly after the defendant's in any legal issue discussed Search on probable cause arrest. Would the result have been dif- in this article should con- 1. lustification.- Probable cause to ferent if the search had been con- sult their legal advisor. believe that evidence of crime can ducted the following day? Or 2 days Some police procedures be found in a particular vehicle. later? We can safely assume that at ruled permissible under 2. Object 0/ the search.-Any fruits, some point the courts will insist that Federal constitutional law instrumentalities, contraband, or a warrant be secured. arc of questionable legality evidence of the crime under in- vestigation. under State law, or are not 3. Scope 0/ the search.- The officer Search Right Away permitted at all. can search any place in the Until further decisions outline the vehicle where items related to • offense under investigation mig limits of this doctrine, the officer is only the initiation of the search, but reasonably be found. The author- well advised to condud his search as ity to search does "not" extend to the scope and intensity with which it soon as circumstances permit. If the occupants of the vehicle. However, may be conducted. The rules govern- search cannot be accomplished safely should the earch disclose grounds for arrest, the occupants may now and effectively at the first place of ing each of these procedures may be summarized as follows: be searched incident to arrest. detention, the vehicle should be moved 4. Place 0/ the search.-If circum- to a more appropriate location. Should Search incident to arrest stances permit, the search should be the circumstances support both a made at the place where vehicle is 1. lustification.-Probable cause to be- first stopped. However, the courts .. Smich v. u.s., 431 F. 2d 1 (8th Cir. 1970) lieve that a particular person has will aHow delay and removal of the (Iultaining eearch at scene of wreck and subsequent committed a criminal offense. car to a more appropriate location, , Iearch at garage later that morning, .s consistent with 2. Object 0/ the search.-Weapons and if it is impractical to search at the Chamb.rs); Brown, U.S. v. 432 F. 2d 552 (5th Cir. any fruits, instrumentalities, con- cene. ijl 1970) (citing Chambers in support of a .earch con. ducted after defendant. arrested and placed in cu.tody in nearby police vehicle); U.S. v. Croft, 429 F. 2d 884 (10th Cir. 1970) (upholding ••arch after d.l.ndant w.. arrested and placed handcuffed in patrol car). On June 29, 1970, the Supreme Court vacated judg. menta in three CAlCS, wherein the Federal appellate CDurtl bad invalidated car searches conducted at police QUOTABLE QUOTE Itation and remanded them for further con.ideration in light of Chambers: Colosimo v. Perini, 4.15 F. 2d "The miracle, or the power, that elevates the few is to be 391 (6th Cir. 1969), rev'd and remanded, sub nom., Perini v. C%Jimo, ­ U.S. ­, 26 L. Ed. 777 (1970); found in their industry, application, and perseverance Heffley v. /lock." 420 F. 2d 881 (9th Cir. 1970), under the promptings of a brave, determined spirit." rev'd aDd remanded, sub nom., Hocker v. Heffler, ­ U.S. ­ . 26 L.Ed. 780 (1970). On rehearing, the ­Mark Twain , Court of Appeall for the Ninth Circuit IUltained the .earch AI valid under the Fourth Amendment. Heffley v. Hock." 429 F. 2d 1321 (9th Cir. 1970).

30 Id ol/D - 7~

Not Farm Machinery

A sheriff in a midwestern county recently recovered a .25 caliber single- shot machined zip gun (shown in photographs) made from tractor parts. The weapon measures 6% inches in length. The cartridge is placed into the unscrewed polished metal part on the front of the gun. It is fired by pulling back the bolt (spring type) and letting go. Accord- ing to the official who made the photo- • graphs available, the weapon fired a shot when tested.

Assembled zip gun is ready for firing.

,mJUUJIlIlIllM

Components of zip gun made from tractor parts. WANTED BY THE FBI FINGERPRINT BOOKLEe The history, services, and operations of the FBI Identifica- tion Division are contained in the booklet, "Fingerprint Identifica- tion," which can be obtained free of charge in limited quantities by interested individuals and organizations. Requests for copies of this item should be submitted to the Director, Federal Bureau of In- vestigation, Washington, D.C. 20535.

KATHI E BOUDIN, also known a s: Kathy Boudin. ~~~ Interstate Flight-Mob Action; Riot; Conspiracy WOOD EXAMINATIONS

Kathie Boudin is being sought by Description Examination and comparison of the FBI for unlawful interstate flight wood specimens are handled in the to avoid prosecution for mob action, Age______27, born May 19, 1943, FBI Laboratory. A reference file of - New York, N.Y. standard North American woods is violation of Federal antiriot laws, and HeighL______. 5 feet 4 inches. maintained. conspiracy. WeighL______128 pounds. On October 9, 1969, Boudin was Build______. Medium. arrested by the Chicago, Ill., Police Hair______. Brown. Department in connection with a se- Eyes ______. Blue. MEDICAL EXAMINER'Se ries of violent demonstrations held Complexion______Fair. Race______White. MASK there and sponsored by the militant Nationality______American. Weatherman group, a former faction Occupations______Camp counselor and The overwhelming odor from a of the Students for a Democratic So- swimming instructor. body undergoing putrefaction is a ciety (SDS) . She was subsequently in- FBI 0______601, 252 C. problem sometimes encountered by dicted for mob action. A Federal war- Fingerprint law enforcement officers during the rant was issued for her arrest on c1assification __ 14 0 17 W MOl 10 fingerprinting, photographing, and March 17, 1970, in Chicago, when she M 19 W MOl post mortem examining of a corpse. failed to appear for trial. Another Dr. Frederick T. Zugibe, Chief Medi- Federal warrant was also issued at cal Examiner of Rockland County, Notify the FBI Chicago on April 2, 1970, charging Pomona, N.Y., reports that he has de- Boudin with violation of the Federal Any person having information vised a small, light­weight, nose- antiriot laws and conspiracy. She has which might assist in locating this mouth mask which protects against ~ been convicted of criminal damage to fugitive is requested to notify imme- undesirable odors, allows for easy property and contempt of court. breathing, and is easily washed and diately the Director of the Federal sterilized. The mask contains a small Bureau of Investigation, U.S. Depart- filter cartridge which gives approxi- Caution ment of Justice, Washington, D.C. mately 10 hours of use and is easy to 20535, or the Special Agent in Charge Boudin reportedly has been asso- replace.1 £d, ~ /~/rf'.,-7t ciated with persons who advocate the of the nearest FBI field office, the ~SYJ\.~' i use of explosives and may have ac- telephone number of which appears 1 Editor', Note: Iteml of this n(ltuT,u.re printed in quired firearms j she should be con- on the first page of most local the Bulletin .. an informalive service for our readeu sidered dangerous. and do not con.titute an endorsement or approval by directories. the FBI. _

32 FBI Law En fo rcement Bulletin

U. S. GOVERNMENT PRINTING OFFICE: 1971 0 - 414.427 FOR CHANGE OF ADDRESS ONLY e (Not an order form) Complete this form and return to:

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

(Name) (Title)

(Address)

(O,tv) (State) (Zip Oode)

INNOCENT CLEARED-GUILTY IDENTIFIED .I..T. L , :;I flY/'-

Although a service station attend• submitted the fraudulent check and actually prepared by an individual ant in a southern State positively iden• handwriting samples to the Document who had previously been arrested in tified a suspect as the person who Section of the FBI Laboratory, where the State for negotiating similar previously cashed a fraudulent check handwriting experts determined the checks. I· at his station, the suspect maintained check had not been prepared by the This case serves as an excellent il• his innocence and volunteered hand• man. Through a search of the National lustration of the dual functions of the writing specimens when arrested. Fraudulent Check File, the experts FBI Laboratory-protecting the in• re arresting police department further determined that the check was nocent and identifying the guilty.

I ~ QUOTABLE QUOTE PAWNED INTO CUSTODY "America has proved that it is practicable to elevate the mass of mankind-the laboring or lower class-to raise During the 1969 hunting season them to self-respect, to make them competent to act a part the Sheriff's Office at Flagstaff, Ariz., in the great right and the great duty of self-government; and took theft reports from several hunters she has proved that this may be done by education and the who had rifles stolen from their ve• diffusion of knowledge. She holds out an example a thou• hicles and entered this data in the sand times more encouraging than ever was presented be• NCIC stolen property file. Recently fore to those nine-tenths of the human race who are born Tucson Police, when running NCIC without her~ditary fortune or hereditary rank." checks on a list of items pawned in /UUv I.9- ~"k?w~_rj JI~~ t-a- -Daniel Webster that city, made hits on two of the weapons. Tucson Police immediatdy r.~7V~1 'If' ;).0 QUOTABLE QUOTE notified the Sheriff's Office at Flagstaff "We want the spirit of America to be efficient; we want and determined that the thief, after American character to be efficient; we want American char• holding the weapons almost a year,' acter to display itself in what I may, perhaps, be allowed to had sold them to the pawn sllop using call spiritual efficiency-clear disinterested thinking and his true name and driver's license for fearless action along the right lines of thought." identification. Warrants were issued, and the suspect was arrested and "'" . ,' G- • ...J.' . td· () ~ J - ~ ,1m P J -Woodrow Wilson I LUV AJ U,W-7U--o- r .:J/{c(J'''-W -7 c.."lM-;:&:£J;') p, 79 charged with grand theft. r:;:J~ ·k B;AJU,/J (r..;,..,-,'W) / - ~ - 11 1 Illt If!. UJ u..hiL ~ ) O UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION WASHINGTON. D .C. 20535 OFFICIAL BUSINESS POSTAGE AND FEES PAID RETURN AFTER 5 DAYS FEDERAL. BUREAU OF INVESTI GATION

INTERESTING PATTERN

-(

The interesting pattern presented here is classified as a loop with 21 ridge counts. Although the formation above the inner looping ridges is unusual, it does nothing to affect the classification of this pattern.