FEBRUARY 1966

LAW ENFORCEMENT BULLETIN

FEDERAL BUREAU OF INVESTIGATION UNITED STATES DEPARTMENT OF JUSTICE J. EDGAR HOOVER, DIRECTOR FEBRUARY 1966

VOL. 35 NO.2

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THE COVER- Diving lor evidence. See "Un· derwater Investigation" on page 2.

LAW ENFORCEMENT BULLETIN CONTENTS

Message From Director j. Edgar Hoover. ., 1

Undenwter Investigation, by Arthur E. Nelson, Hialeah, Fla., Police Department. . . . .

It's the Lau , ~ Habitual Sex Offenders AIlist Register, by Hon. john Rossetti, judge, Stark County Common Pleas Court, Canton, Ohio ...... 6

Education and Rehabilitation of YouthfLiI Of• fenders, by john C. " 'atkins, 11 arden, lJraper Correctional Center, Elmore, Ala. . 9

The Approximate Age of (L Document 12 Search of the Person (Part 11) 16 Published by the Inl'estigators' Aids . . . . . 20 FEDERAL BUREAU OF INVESTIGATION UNITED STATES DEPARTMENT OF JUSTICE The Lw(' Enforcement Ass; 'Wnce Act of 196.5 21 Washington , D.C. 20535 NatiollH'ide Crimescope 27 JJ anted by the FBI. . 32 THE AMERICAN COLLEGE STUDENT today is them into serving the communist cause. This is being subjected to a bewildering and dangerous being accomplished primarily by a two.pronged , conspiracy perhaps unlike any social challenge offensive--a much.publicized college speaking ever before encountered by our youth. On many program and the campus· oriented communist campuses he faces a turbulence built on unre· W. E. B. DuBois Clubs of America. Therefore, strained individualism, repulsive dress and the communist influence is cleverly injected into speech, outright obscenity, disdain for moral and civil disobedience and reprisals against our spiritual values, and disrespect for law and economic, political, and social system. order. This movement, commonly referred to There are those who scoff at the significance as the "New Left," is complex in its deceitful of these student flareups, but let us make no mis· absurdity and characterized by its lack of com· take: the Communist Party does not consider monsense. them insignificant. The participants of the New Fortunately, a high percentage of the more Left are part of the 100,000 "state of mind" than 3 million full·time college students are dedi· members Gus Hall, the Party's General Secre· ..ated, hardworking, and serious·minded young tary, refers to when he talks of Party strength . . ople; however, their good deeds and achieve· He recently stated the Party is experiencing the ments are greatly overshadowed by those who greatest upsurge in its history with a "one to two are doing a tremendous amount of talking but thousand" increase in membership in the last very little thinking. year. Much of this turmoil has been connected with For the first time since 1959, the Party plans a feigned concern for the vital rights of free a national convention this spring. We can be speech, dissent, and petition. Hard·core fanatics sure that high on the agenda will be strategy and have used these basic rights of our democratic plans to win the New Left and other new memo society to distort the issues and betray the public. bers. A communist student, writing in an official However, millions of Americans, who know Party organ, recently stated, "There is no ques· from experience that freedom and rights also tion but that the New Left will be won." mean duties and responsibilities, are becoming Thus, the communists' intentions are abun· alarmed over the anarchistic and seditious ring dantly clear. We have already seen the effects of these campus disturbances. They know lib· of some of their stepped·up activities, and I erty and justice are not possible without law and firmly believe a vast majority of the American order. public is disgusted and sickened by such social The Communist Party, U.S.A., as well as other orgies. One recourse is to support and en· subversive groups, is jubilant over these new courage the millions of youth who refuse to swal· rebellious activities. The unvarnished truth is low the communist bait. Another is to let it be that the communist conspiracy is seizing this in· known far and wide that we do not intend to stand surrectionary climate to captivate the thinking of idly by and let demagogues make a mockery of rebellious· minded youth and coax them into the our laws and demolish the foundation of our communist movement itself or at least agitate Republic. r ~ e FEBRUARY 1, 1966 ~. ;OH~Q::OO= D ADE CO NTY, FLA., has ap· upon to locate and recover the body Fire Department. When Chief of proximately 1,500 miles of waterfront of an accidental or suicide drowning Police David I. Maynard was placed area, and a large portion of this ter• victim; a discarded weapon; a sub• in command of the department, the rain is located in Hialeah, the second merged vehicle--with or without vic• fire department divers were already largest city in the county. It is com• tims; or retrieve stolen property that trained and available to meet this po ed of natural and manmade lakes, has been thrown into the water. He need, and h.e preferred to have his rockpits, canals, and rivers. Hialeah, may be asked to survey the water men perform regular police functions rather than have a duplication of because it lies inland, is fortunate areas within his jurisdiction. It is that the deepest known water depth also possible that he may be requested effort. within its boundaries is only 35 feet. to assist other municipal, county, Through close cooperation of Hia• leah Fire Chief Norman Thomson, The need for properly trained law State, or Federal agencies in a coordi• there are 17 certified diving firemen enforcement personnel for diving pur• nated search and water recovery on call at all times to assist the police poses is becoming increasingly evi• activity. dent every day, particularly in those department. These men were trained areas of the country where swift-flow• in a lOO-hour course, Water Rescue Diving Program ing rivers, bays, and ocean shorelines and Recovery, which is approved by are involved. The Hialeah Police Department the Dade County Board of Public In• The tasks to which the law enforce• does not have officers a igned as div• struction and the National Asso• ment diver may be assigned are nu• ers. This phase of activity is accom• ciation of Underwater Instructors merous and varied. He may be called pli hed by the divers of the Hialeah ( A UI ) . I prepared the matere

2 FBI Law Enforcement Bu"etin unexpected in the silent world of the water. A check must be made of his adaptability to using only his sense of touch in black water, where his eyes l are of no use to him and all he can hear is the pounding of his own blood in his ears.

Swimming Ability

'UNDERWATER Anyone who dives, and the enforce· ment diver especially, should be a better.than-average swimmer. Many people think that it is a simple task to don the regulator and cylinder, flip• INVESTIGATION pers, and face mask, and be a "frog• man." This is definitely not the case. A diver should, at the very least, hold the American Red Cross Senior Life• saving Certificate to indicate basic swimming ability. ARTHUR E. NELSON- The need for swimming ability is Hialeah, Fla., Police Department twofold: First, it gives the diver a feeling of confidence in the water that will help him to avoid panic in a dan• gerous situation; secondly, the phys• ical ability is present to overcome the . ed in this course and supervised the of a rescue squad, or a professional dangers. Currents, tides, and great training given at the Dade County diver. He may be paid a regular physical exertion can easily tax the Police Academy. A constant inserv· salary, with or without extrahazard· ability of the strongest of swimmers. ice training program is maintained to ous incentive bonus; be employed on retain peak performance. a contractual basis; or dive only as Proficiency Tests a person who merely wishes to per· Qualifications form a civic function. In a recently proposed workshop The man who plans to engage in on Search and Recovery for this de• What type of man is he who will this type of diving should undergo a risk his life to enter an alien and partment, the following water profi· periodic physical examination by a frightening world to perform thc ciency tests were established for active physician who is aware of the specific necessary function of the enforce· participation: ment diver? problems related to diving to deter• mine if he can perform under the Test-Phase No.1-Swimming He should be a well·trained diver demanding requirements of his tasks. who is also cognizant of the problems The swimmer will tow a fully equipped This physical examination must in• of enforcement agencies. He may be diver a distance of 50 yards. The towed clude the cardiovascular and respira• diver will not assist the swimmer in any a police officer, a fireman, a member tory systems-these are of prime im• way_ The swimmer may use any stroke he portance-the sinuses, Eustachian wishes. When the swimmer has completed -Officer Nelson has been with the Hialeah his tow, he will then don full equipment Police Department for 8 years and a pro• tubes, a check for motion sickness and be towed by another swimmer. The fessional diver for 12 years. He is a cer• and any other physical defects, and towed diver will not us~ the air in his tank; tified diving instructor and has been a staff a review of past diseases. no flotation device will be inflated. instructor at the Dade County Police Aca• It must be determined if he suffers Three taps on the body of the swimmer demy since 1960. He has authored a from claustrophobia, which would by the towed diver or the right arm of handbook on "Underwater Search Patterns" the swimmer raised out of the water will has written several articles and courses eliminate him immediately, and if he signify an emergency, and the test will • tudy i,l the diving field. would panic when confronted with the stop immediately_ February 1966 3 Test-Phase No.2-SCUBA tions-hand, line, sight, and audi ~ Each diver will enter the pool at the (5) search patterns; (6) recovery deep section wearing all of his equipment; procedures; and (7) practical prac• the nir will be turned on. The equipment tice problems. will include mask, flippers, snorkel, weight A thorough knowledge of diving belt, tank and regulator, and Rotation device. physiology is a must for every enforce· The diver will descend to the pool bottom, ment diver. He must be cognizant of doff his equipment, and leave it on the the diving diseases: air embolism, the bottom of the pool. He will swim under· "bends," squeeze, nitrogen narcosis, water for 10 yards to where another diver and others. He must know Boyle's with full equipment awaits him. He will Law, Charles' Law, Dalton's Law, and "Buddy breathe" with this second diver for 3 minutes, and then swim 10 yards under· Archimedes' Principle, and how the water to a station where there will be a foregoing apply to the diving field. full set of equipment awaiting him. He will don this equipment, surface, and leave Police Duties the water. This exercise will be completely Chief David I. Maynard. underwater from the time of entry to the The diver who is a law enforcement time of exit. Assistants will be utilized as the "Buddy." mine how much time may be allotted officer is fully aware of the need for to this practice, but the administrators the very careful collection, preserva• This test was designed to ascertain must recognize that this practice is tion, and presentation of evidence. the swimming and diving abilities of vital to the survival as well as the pro• He knows that crime scene search, the participating students. It could ficiency of their divers. rules of evidence, reports and records, also be used as a periodic refresher The swimming practice should in• and courtroom procedure are impor• exercise for actively employed divers. clude increasing the diver's ability to tant for the successful completion of use both the different swimming each of his assignments. This man Equipment strokes and the lifesaving skills. The knows what to look for to ascertai ~ The diver must be completely fa• American crawl, sidestroke, back· foul play is indicated and how to • miliar with the equipment he uses. stroke, breaststroke, and the modifi• Thi hould not be misconstrued to cations of each used in diving should mean that he must be able to make all be perfected. The lifesaving ap· valve or regulator repairs, but he proaches, evasion tactics, releasing of hould know when they are necessary. the different holds, and carries should He hould know that it is exceedingly be letter perfect. While it is impor• dangerous to strike the cylinder valve tant to rescue a potential drowning against anything, because, if the valve victim, it is also very important that break ofT, the cylinder becomes a the would·be rescuer survive his effort. deadly projectile. Improper mainte• He must know and obey all safety nance and storage will reduce the life rules! of all of the equipment u ed. The Inter tate Commerce Commission reg· Diving Skills ulation relative to the 5-year hydro• The practice of diving kills should static testing of the cylinder mu t be cover: (1) blind diving- in which the enforced. face mask has cardboard or orne other material inside the mask to make the Swimming Skills diver completely ightless under Once a man has been elected as an water; (2) doff and don- the diver enforcement diver, he should con• goes to the bottom, removes all of his tantly practice his skill so that he will equipment, urfaces, surface dive to enjoy a greater proficiency in his the bottom, replaces his equipment, work. This practice should include and resurfaces; (3) exchange of both swimming and diving skills. equipment under water by two or more

The need of the department will deter- divers ; (4) ur.derwater communica• Officer Nelson.

4 FBI Law Enforcement Bulletin an integral part in the chain of evi• sional or sports divers. These latter dence, becomes particularly vulner• divers need only be made cognizant of able if he is not well prepared for this the requirements of the department phase of his work. relative to police procedures.

Summary The following bibliography may be In summary, it can easily be seen of additional interest: that the need for the law enforcement The Science of Skin and SCUBA Diving, diver exists. Any department having Conference for National Cooperation in jurisdiction over lakes, rivers, etc. Aquatics. Association Press. will probably need a law enforcement Submarine Medicine Practice, avMed• diver to recover bodies, vehicles, and P 5054. Washington: U.S. Government Printing Office. stolen property. It must also be rec• Underwater Education, Tillman, Albert ognized that, with the growing interest A. Dubuque, Iowa: William C. Brown in the field of sports diving, there are Book Co. many potential law enforcement div• Underwater Search Patterns, Nelson, Art. ers available. If a department has no Hialeah, Fla.: Hialeah Police Department. Shoulder patch worn by Hialeah diving unit. U.S. Navy Diving Manual, NavShips 250• qualified personnel, a diver can be 538. Washington: U.S. Government Print• obtained from the ranks of the profes• low through with his portion of the ing Office. particular investigation. The most advantageous arrange· ment for a department is to have trained police offi(!ers as divers. If nonenforcement divers are utilized, it behooves the department to stress the rementioned departmental needs police training for the successful closing of its cases. One important phase of training for nonenforcement ' divers is in the public relations cate· gory. They must be informed that the department has a public relations of• ficer who dispenses all information to news media and the public and that irresponsible statements may cause the loss of cases in court or cause un• necessary embarrassment to the police agency for which they work.

Court Testimony Whether or not the diver is actively employed as a police officer, he must be prepared to go to court in each case in the event there is resulting prose• cution. He must expect to testify and, therefore, he must have a concise and complete report from which he can fully present his evidence to the court and/ or jury. Legal technicalities make convictions more difficult to

_ ain, and the enforcement diver, as Mr. Nelson simulates the recovery of a drowned victim.

February 1966 5 In Ohio-

IT'S THE LAW

­ HABITUAL SEX OFFENDERS

MUST REGISTER

On February 18, 1949, in Canton, daily contact and rendering valuable Ohio, a 6-year-old girl on her way assistance in many ways in the inve!JA home from school was picked up by a gation. Feelings ran high in tfl' man, taken to a lonely woods, and Canton area over the incident, and ravished to such an extent that an various organizations urged and de• HON. JOHN ROSSETTI* emergency operation was necessary to manded that the General Assembly of Judge, Stark County Common Pleas save her life. Ohio consider a proposal making life Court, Canton, Ohio Thereafter, the man was appre• imprisonment mandatory for anyone hended, indicted, and convicted of the convicted of assaulting children and crime of rape of a female under 12 women. years of age. I was an assistant Subsequent to the conviction of the county prosecutor at the time and was offender in this case, the PTA commit• assigned the preparation, investiga· tee called at my office, and a confer· tion, and trial of this case. During ence was held. The committee was this period, a committee of women interested in knowing what could be representing the PTA organization done in the future to prevent the same from the grade school the 6-year-old type of crime happening to other chil• girl attended visited my office and dren in the community and in the offered its help in the investigation of State. the case. As a result of the conference, in This PTA committee was of con• September of 1950, an organization siderable help to me by maintaining known as the Stark County Council

• Judge John Rossetti has been judge 0/ the Common Pleas Court, Stark County, Ohio, since Jan. 1. 1957. Prevwus to this appointment, he was prosecuting attorney 0/ Stark County. He began his public career as assistant attorney general 0/ Ohio. Judge Ros· setti has worked to reduce se:t crimes in Ohio for years and has been a vigorous leader in alerting the public to this problem. In this article he tells 0/ a campaign which resuL. in the State LegisLature's enacting a law requiring habitual sex offenders to regis

6 FBI Law Enforcement Bulletin Prevention of Sex Crimes Against The Law leased on probation, discharged upon pay- • ildren came into being. One of ment of a fine, or given a suspended sen- Revised Code, section 2950.01 to tence, shall be informed by the court in the aims and purposes of the council 2950.08, is known as the Habitual Sex which he has' been convicted of his duty was to fully discuss the problem and Offender Law. Below are some to register. to encourage legislation which would excerpts. be helpful in the apprehension, con· Change 01 Address trol, and treatment of sex offenders. Who Mllst Register If a person required to register changes Numerous meetings were held his address, 'he shall provide his new ad· Any person convicted two or more times throughout the city and the county dress in writing, within 10 days, to the law in separate criminal actions of any of the for the purpose of bringing this prob· enforcement agency with which he last following offenses: registered. Duration of registration shall lem to the attention of the citizens. 2901.24 Assault with intent to commit be for 10 years after release from prison or Discussions were also held on the rape. 10 years from conviction if not imprisoned. subject of sex crimes not only in Stark 2901.31 Abducting for immoral pur- County but also in various other coun· poses. Registration Requirements 2903.01 Assault upon child under 16 ties throughout the State. years. The offender shall make a statement in In January 1953 the council reo 2905.01 Rape. writing giving such information as required quested the Stark County legislators 2905.02 Rape of daughter, sister, or fe- by the Bureau of Criminal Identification and Investigation. The fingerprints and at the General Assembly of Ohio to male under 12 years. 2905.03 Carnal knowledge of female photograph of such an offender shall also introduce certain bills dealing with under 16 years. be included. sex crimes. Representatives of the 2905.031 Rape of person under 14 years council appeared and testified before of age. Penalty 2905.04 Attempt to have carnal knowl· a legislative committee in Columbus, A violator shall be fined not more than edge. Ohio, but no action was forthcoming $100 or impri oned not more than 6 months 2905.041 Attempted rape; person under at that time. Then, in January 1955, for a first offense; for each subsequent 14 years of age. offense he shall be imprisoned not less than the Stark County Council through my '2905.06 Carnal knowledge of insane 1 nor more than 5 years. office recommended that the followi.ng woman. There shall be no public inspection of a x points be considered by the Ohio 2905.07 Incest. the registration data other than by a reg· 2905.13 Sexual intercourse with female Wtate Legislature: ularly employed peace or law enforcement pupil. officer. 1. RegIstration of convicted sex crime 2905.30 Indecent exposure. Solicitation offenders. of unnatural act. 2. A complete study of sex crime laws. 2905.44 Sodomy. Purpose of the Law 3. Establishment of a State hospital to Or any similar offense committed under o crime stirs the ire of the aver· treat and quarantine sex deviates. provisions of law in any other State which 4. Development of a realistic program of if committed in this State would be age man or woman like the despoiling physical and physiological treatment of punishable as one of the above offenses. of a little child. Unfortunately, nearly persons classed as sex deviates. every American city has a name or two 5. Strengthening of the control features of Registration on its roster of sex­murdered boys, present legislation with respect to such No habitual sex offender shall be or reo girls, and women. persons. main in any county for more than 30 days Few criminals are regarded with 6. Increased penalties for certain types of without registering either with the chief of crimes. greater fear and contempt, or dealt police of the city in which he resides or Each time the Gent:ral Assembly the sheriff of the county if he resides in an with more harshly, than sex offenders. was in session (specifically every 2 area other than a city. Yet, they are a part of our criminal years), a bill was introduced in the population, and the public has every Dllty to Inlorm State Legislature to require the regis- right to expect that proper measures tration of convicted sex offenders. I The official in charge of an institution are taken to provide a maximum of appeared before the Ohio Legislature where a habitual sex offender is confined protection for potential victims. shall inform such person of his duty to each time it was in session for the register upon release, discharge, or parole. Sex crimes constitute a sizable por- years 1953, 1955, 1957, 1959, and Such person or offender should be given tion of those crimes directed against 1961. Finally, in 1963 the bill re- pertinent forms to read and fill out. The a person; they gravely interfere with quiring the registration of convicted official shall obtain the per on or offender's personal rights and seriously disturb addre!'s where he expects to reside upon sex offenders was enacted into law termination of his sentence. the sensibilities of decent law­abiding e nd became effective October 4,1963. Any habitual sex offender who is re- citizens.

February 1966 7 In recent years the enactment and ciety from this type of criminal. 3. To maintain coordination with oth_ administration of laws known as crim- These people would be known to the States insofar as convicted sex offende,. inal registration laws have introduced police, and this knowledge would be are concerned. 4. To decrease the number of sex crimes an important development in the con- helpful to the police in preventing committed. trol of criminal activity. These laws criminal activities and apprehending require certain persons who have been the perpetrators of crimes. Rehabilitation convicted of specified crimes to reg- This law provides police with valu- ister with the local law enforcement able information which can be of great Another factor to be considered in authorities and to furnish them cer- assistance when crimes of this nature the compulsory registration of con- tain data regarding their criminal his- occur. On the other hand, it has a victed sex offenders is the possibility tory and present activities. The laws built­in preventive factor since a per- that it may have some rehabilitative are separate and distinguishable from son who knows that his past activities effect upon the offender. Many au- probation and parole laws. are known to authorities is more likely thorities have indicated an active There are a number of States that to keep out of trouble. interest in the effect such a law may have the criminal registration laws, have upon the modern trend of penol- but only a very few which require per- Practical Uses ogy to stress rehabilitation rather than sons who have been convicted of sex punishment of criminals. The regis- crimes to register with the police or The registration law enables the tration law should be consistent with sheriff. police to secure recent photographs of the rehabilitative efTorts of persons on The Ohio law requires a per on con- sex offenders in the locality, and these parole, probation, or suspended victed of two or more of the listed sex can be useful for identification pur- sentence. crimes to register. In this connection poses in the event ex offenders engage Medical experts have stated that the the law enforcement authorities and in other criminal acts. successful rehabilitation of some sex the public generally are greatly con- It is possible, under the law, to hold offenders who have been classed as cerned about anyone who would be a temporarily for que tioning individ- psychopathic or sociopaths may be repeater. In recent years there seems uals who have not registered. There doubtful or even impossible. Never- to have developed a trend toward the can be no doubt that the law is useful theless, it is felt by many that a preA habitual repetition of sex offenses by to law enforcement agencies in lo- gram of confinement and treatmen ~ persons previously convicted for these cating and following the activities of can rehabilitate certain common types violations. probable repeaters. Another factor of sex offenders. to be considered i that the modus There are many sex offenders who Police Weapon operandi is reported, and this in itself have been sent to institutions, have is of great help to law enforcement undergone certain treatment, and There is no question that the regi authoritie . were subsequently paroled. Such a tration act is an important weapon for The theory of the habitual sex of- person upon release will be required the police in the investigation of fender law, therefore, mu t of neces- to register. The offender should crime, even though it places a burden sity rest upon the a sumption that per- continue taking treatments while he is upon the individual. A person once sons who have been convicted of two out on parole. Registration is but co nvicted of a crime who either de- or more pecified crimes are suffi- one method to make sure that the of- ciently dangerous to warrant imposi- ire to travel for plea ure or i re- fender will follow up his treatment, tion of the regi tration burden for the quired to move from place to place knowing that he will be under some protection of the community. might \\ell abandon hi s criminal activ- police observation. ity. Because of the requirements of ince orne sex offenders are Reasons for Passage the law which affect such an individ- mentally iII, efforts hould be made ual, he mu t take the time and trouble In appearing before the Ohio tate to control, confine, and treat them. to comply with it demands wherever Legislature, I advanced the following This registration law is only a part of he goes. and other reasons urging the passage the procedure nece sary for the full It would eem that with these reo of the registration law: protection of the offender, his possible quirement the ta k of law enforce- rehabilitation, the protection of the 1. To aid investigation. ment officers would become a little 2. To maintain control of habitual sex public and society, and the protecti0r;. , ea ier in their attempt to protect 0- offenders. of the live of innocent people. ,.

8 FBI Law Enforcement Bulletin JOHN C. WATKINS Warden, Draper Correctional Center, Elmore, Ala.

Education and Rehabilitation of Youthful Offenders

How to control and rehabilitate the cidivism among these youths has been social system which provides its mem• supposedly incorrigible youthful of· less than 10 percent-a gratifying bers a value system, a way of life, a fender is one of the most perplexing statistic. Elements of this approach design for living, and a complex code problems shared by law enforcement can, we believe, be adopted not only of things to be done and not to be and correctional personnel today. by other correctional people, but, with done. We call this system the "con• The incorrigibles are the boys who some modification, by law enforce• vict culture." get into trouble early in life, some• ment officers as well. With the help of an anthropologist, times even before their 10th year. The Draper approach consists of a depth study of the Draper convict They join a boy-gang, accept its value two closely related phases. The first culture was instituted. The study re• system fully, and become intensely is directed toward effecting a change vealed that the culture was dominated loyal to it. Almost invariably, they of personal values and attitudes in the and perpetuated primarily by a num• prove to be unmanageable to both individual inmate, primarily through ber of solids, each of whom had gath• their families and the local probation a modification of the inmate society ered around himself a circle of follow• officers. When finally incarcerated, to which he has chosen to belong. ers. These groups resembled the they often become leaders within the The second phase consists of an aca• boy-gangs in the outside world, and inmate society. In Alabama they re• demic and vocational training pro• they carried on illegal and antiadmin• fer to themselves as "solid convicts" gram which has been specially de• istration activIties. Continuity of or "solids." signed to prepare these particular customs and mores was carried over Notwithstanding the normally individuals for life in a free society. from "generation to generation," slight hope of success in rehabilitating largely through the personal influence such individuals, the approach devel• and example of the leaders. First Phase oped at Draper Correctional Center The study, in short, indicated that has achieved remarkably good results. Operating within most, if not all, any modification in the culture would _ ver a 3-year period, the rate of re- correctional institutions is an inmate also have to be sanctioned by the

February 1966 9

797- 236 0 - 66 - 2 solids. If the solids could be induced inmates count with you. Concen• The most essential element of • to switch values and loyalties while trate your efforts on them, treating whole process is that of providing him yet retaining their leadership, the reo each individually. with an adequate, strong m a I e suIt would be reflected by a con• There are many techniques which image-an ideal after whom he can comitant change in their followers. may be considered in approaching the pattern his behavior. The importance leaders. I will describe one plan with of the quality of this relationship can• Identifying the Solids which we have had success. not be overstressd. Ordinarily, if this First, curtail or modify the solid's approach is skillfully used and if all Identification of the influential convict culture activities by such other factors are handled properly, solids is not always easy, for they means as 'Changing his working and he will give up his identification with often prefer to be quiet men in the sleeping arrangements, or perhaps by the antiadministration aspects of the background. We have found it help· placing him under stricter custodial convict culture. ful to talk to the custodial force and control. Also, be sure to let him know As the solid switches his identifica• selected inmates, asking questions of that you are aware of his role in the tion, remarkable 'Changes occur in his the following type: Who is important? convict culture. This will tend to behavior. His aggressiveness and Who counts with the others? To make him wonder whether he has been hostility turn to friendliness. He whom do the prisoners go for advice informed upon and perhaps thereby stops getting into trouble. He when they are. in trouble? Who as• weaken his faith in the system. stops associating with the other solids sociates with other already-known and begins to seek association with solids? Who is always in some kind Private Talk free people. He wants to remove his of racket or antiadministration ac• tattoos. He will cooperate and do tivity, such as gambling or money Next, spend some time talking whatever is necessary for the better• lending? Who frequently almost gets privately with him about the convict ment of the institution. In short, he into trouble, but always manages to culture. Show him that you know adopts an entirely new value system. get out? For whom will the others about his home life and background The change is not, at this stage, ab• take a rap? To whom do the prison• and how he escaped it to the boy-gang, solute. He cannot be left alone at this ers give their cigarettes and chewing seeking recognition. Continue to dis• time and be expected to carryon tt4t gum? cuss how he learned to take on the conversion process on his own. You The solid is frequently athletic of values of the gang, how and when he must give him strong support as he build. He is not afraid to fight. He tattooed himself, and how acting learns to change his loyalties. Re• has at least normal intelligence. And, tough was supposed to demonstrate ward him for his good behavior. The most significant of all indications, he masculinity. rewards you choose, however, should will not inform. The only moral As he hears this, he will be sur• not be things he will have any reason value in the convict culture is, "Thou prised, perhaps even overwhelmed, by to expect. Under no circumstances shalt not tell," and this commandment your knowledge and by your con'Cern must he be able to manipulate you, he refuses to break. for him as an individual. He will for, as nearly as possible, your rela• listen more attentively as you explain tionship with him must be one of Similar Histories to him how the boy-gang is related to mutual understanding, a "man-to• the convict culture, how it controls and We have found that the solids who man" approach. Recognize back• affects his institutional life, and how are leaders within the convict culture sliding if it occurs, and be prepared adherence to the convict culture as• have similar family histories. Many to deal with it by even stronger em· sures that he will continue returning solid convicts come from female·domi• phasis on his good behavior. to prison as long as he clings to it. nated, fatherless homes in which there Prove this to him from his own rec• was no significant male figure with Conversion ord of repeated incarcerations, show• whom the boy could identify himself. You will not, of course, have the To e cape "Mamma" and find his ing him that he has not been able to maleness, he joined the antisocial. stay out of prison. Convince him that time to give such personal attention to antiauthority, aggressive boy-gang. until he does change, he will not be all inmates. However, your success When you have located the lead• able to su'Cceed in free society. Do in converting the accepted inmate ers-and, for maximum effectiveness, not preach or moralize; just give him leaders will be projected through the you must work with all or nearly all• the facts and let him draw his own institution by the leaders' influenca ' let the men who count with the other conclusions. over their followers. .,

10 FBI Law Enforcement Bulletin _ Once the conversion has become in most cases, was a prime factor in associating with the college students, . atively stable in an individual, his withdrawal from school. Also, inmates become more aware of nc• preparation must be made for his suc• students using programed instruction ceptable social behavior. cessful living upon release from need only a minimum of supervision Under a grant from the Manpower prison_ If the inmate has truly and academic guidance; hence, the Development Training Act, a new ex• adopted the new value system offered name "self-instructional." A serv• perimental vocational school was insti• him, he will develop for the first time ice corps composed of selected in• tuted this past year. One hundred long-term goals. The second phase mates studying on the college level has twenty inmates are being given from of the program offers him the means been set up to assist the slower 6 months to a year of training in of achieving these goals. students. seven trade areas- welding, bricklay• ing, auto repair, barbering, radio and Second Phase Success of School TV repair, small electrical appliance repair, and technical writing. The A change of values is accompanied The success of the Self-Instructional unusual feature of this venture is that by a new interest in education. In School has been twofold. More im• programed materials are being written almost every case, these men have lit• mediately observable are the concrete by the inmates themselves for use in tle education and no trade. In addi• educational gains made by the stu• the vocational shops and classrooms. tion, they are lacking in many of the dents. Six former inmates are en• In addition to the vocational train• social skills most necessary for suc• rolled in college; more than 60 have ing, the students will receive help in cessful living in a free society, such received high school equivalency di• correcting academic weaknesses. A as personal grooming, etiquette, ac• plomas; and scores of others have ad• full-time instructor has been employed cepting responsibility, and budgeting vanced their education by several to work with the students in develop• of time and money. grade levels. Another area of success ing personal-social skills and graces. Accordingly, we have secured two has been the personal-social develop• Inschool counseling services will be Federal grants to support experi• ment exhibited by inmates associated available. The students will be given mental-demonstration projects in aca• with the project. A college corps, assistance in obtaining jobs in the Arnic. and vocational training for composed of college students em• fields for which they have been . ese mmates. ployed on a co-op basis, has made a trained. Moreover, committees are meaningful contribution in this area. being formed in communities through• Academic Training Their position as educational research out the State to assist in a followup assistants has an important byprod• program to aid the graduates through The first of these is the Self-Instruc• uct-that of serving as informal be• the difficult transition period follow• tional School. Now in its fourth havior models for the inmates. By ing release. year, this project, supported by a grant from the National Institute of Mental Health, has made significant ~ C/tl-7~'\1.d £;to 7­ 1 3-,t 1- W F 0 (A"1/):"&/ 7­ ~--6 s• advances in educating youthful of• fenders. By the use of programed 4#66 ~ ~g~~';l EE A REWARDING COURTESY ~·#-t '3 -If ~ 9t ­ ..Jub- S" J instructional materials (a recent de• With an eye for easy money, a con• A man and a woman were arrested velopment in educational technology) , fidence man in a midwestern city be• by a police officer when he observed Draper students have progressed at a gan running ads in a local newspaper the woman pass capsules believed to tremendous rate. These programed for help wanted at a cafeteria. When contain narcotics to the man. A materials are particularly beneficial aspiring employees answered the ad search of the man produced the cap• with a population composed so fully at an office the man had rented for the sules and related paraphernalia, but of school dropouts as is Draper's. purpose, they were promised employ• a cursory search of the woman failed The design of the programs assures ment and asked to pay a fee of $9.60 to uncover any further evidence. the student a measure of academic suc• for uniforms. En route to police headquarters, cess never before realized; also, he Investigation by the police soon the woman dropped a glove she had can proceed at a rate that is appropri• revealed the setup to be a hoax. The been carrying. When the officer ate and comfortable to himself. He cafeteria was nonexistent. picked it up to return it to her, he lIIIIilthereby protected from the disheart• The man was charged with oper. found narcotics capsules in the tip Wing pressure of competition, which, ating a confidence game. of each finger of the glove.

February 1966 11 THE APPROXIMATE AGE OF A DOCUMENT

*Fraudulent documents, purport• PICIOUS papers suddenly seem to pear if it were genuine. He may have edly older than they actually are, fre• pring to life from musty trunks or no special knowledge of the changes quently make their appearance during from beneath bed mattres e , or they which paper, inks, typewriting, hand· the course of an investigation or may be introduced by the defendant writing, watermarks, and other com· trial. Their importance is uch that in support of his otherwise unsup• ponents of the document normally un· failure to prove them false or to ported claim that he was at some dis• dergo, or he may not know how to otherwise challenge their validity may tant point at the time the crime was simulate effectively those conditions be crucial. committed. Whatever the purpose, even if he has a clear view of the Document of this type may be en• fraudulent documents may come as a end he is seeking. Artificial or ac· countered in bankruptcy ca e where complete urprise to the prosecution celerated aging to which he sometimes false entries are made in books of ac• and may accomplish their desired pur• resorts in orne instances only partial· count to support claims for fictitiou po e unless the veil of mystery sur• ly changes the appearance of the docu· los e , in minute of meeting where rounding them can be lifted and their ment, leaving unchanged certain basic the proponent may eek to extricate true purpose established. features which may result in his un• them elves from untenable position, In creating a document premature doing_ in contested will cases in which sus• in age, the forger must depend to a large extent upon his own experience Age oj Ink relating to the effects of the passing of *Thi.s is a paper delivered by Special Although there are other ways by Agent Fred M. Miller, Ph. D., 0/ the FBI time on documents similar in nature Laboratory at a joint seminar 0/ the Royal to the spurious one he wishes to fabri• which the approximate age of a doc• Canadian Mounted Police Crime Detection cate. ument may be determined, most law Laboratories and the American Society 0/ Often he has never seen such a eniorcement officers turn to the age of Questioned Document Examiners on Aug. ink for the solution of their proble:a • 19, 1965. Permission has been granted for document, or he has an erroneous its reproduction in the Bulletin. concept of how it would actually ap• This may be 0 because they have .

12 FBI Law Enforcement Bulletin _ rved the faded ink on old letters and wise have made themselves felt. Ball• her papers, but more than likely it point pen inks thus far have not yield• is because they are unaware of the ed to any methods by means of which existence of other methods. Still an• the age of such writing may be deter• other reason for this may be that more mined. has been said and published on the age of ink than on the age of type• Chloride Migration writing, paper, and other elements of The chloride migration test has for a document which to date have re• years been one of the most reliable ceived lesser attention. testing methods for the age of ink Many of the earlier tests for lhe writing. age of ink writing, except in those in• The theory on which this test is ~tances where the color is black, were based is that the chlorides in the ink based on the observation that within writing move away from the ink stroke a short time the writing becomes per• at a steady rate, and the distance they The top section of the above photograph ceptibly darker because the dye con· have traveled is a measure of the time shows chloride migration on ink strokes 2 tained therein is influenced by the weeks old. The lower section depicts since the writing was produced. Be• chloride migration on ink strokes 10 months light in the room, the oxygen in the ing invisible, the chlorides must be old. Note the difference in the width of the air, and the acidity or alkalinity of the dark lines. This increases with the age of converted into a visible form before the ink writing . When compared with paper. If the writing was done with the extent of their migration can be known standards, the approximate age of the ink writing may be determined. a record ink containing iron gallotan• measured. nate, the color undergoes an orderly In order to conduct these tests, it inks on the market today contain series of changes, first reaching a has been necessary to 'Cut out a num• enough chlorides to respond to this maximum darkness within a few ber of test pieces from among the ink test. Conditions of storage, the weeks or months, then gradually fad• writing, each about %-inch square. humidity of the air, and other factors ing out over a period of many years These pieces are then subjected to the seriously affect the rate of migration. a nt.il only a rust-colored deposit re• action of chemical reagents which first Its most favorable application can be _ ams. bleach out the ink writing and then found in those instances involving a Permanent writing inks are dimin• stain the background. Upon comple• questioned insert on an otherwise gen• ishing in popularity. Replacing th~m tion, the test pieces can be replaced. uine document. in the rapidly dwindling conventional The extent of the migration when A companion test, the sulfate mi• \\ riting-ink market are the dye inks compared to known standards pro• gration test, has been found to be of which enjoy better flowing properties vides a means of determining the ap• no value. and greater eye appeal. Dye inks in proximate age of the questioned ink turn are yielding at a rapid pace to writing. The Watermark the increasingly popular ballpoint pen In recent years it has been found inks. This trend substantially re• that spot tests applied to the reverse The watermark is a distinctive mark duces the chances of determining the side of the paper bearing the ink or design placed in the paper at the approximate age of ink writing. writing eliminate the need for cutting time of its manufacture by a roll, While some permanent writing inks out the test pieces without sacrificing usually covered with wire cloth and contain enough chlorides to respond the quality of the results. After eval• known as a dandy roll, and serves as a to chemical tests, competition and uating the extent of the migration, the means whereby the paper can be iden• economic pressures have forced the stains may be removed quickly and tified as the product of a particular substitution by the cheaper sulfates, completely. If applied properly, this manufacturer. thus eliminating almost completely technique leaves no significant evi• The watermark, if present, is the last remaining vestige for the de• dence of any change or alteration in one of the most reliable methods for termination of the approximate age of the tested area. the determination of whether a docu• such liquid ink writings. Although the chloride migration ment is as old as it purports to be, The presence of limited quantities test is the best currently available for but unfortunately not all paper con• of mineral acids is acknowledged as the determination of the age of ink tains a watermark. a factor which enhances the color of writing, it is not without serious limi• First of all, it is necessary to as• e einks , but economic pressures like- tations. This is so because very few certain the manufacturer or the own• February 1966 13 turers. have cleverly incorpo:ated conspICUOUS changes in theIr wa ~ i. mark design in order to date their product. Obviously, a document is fraudulent if it contains a watermark which was not in existence at the time the document purports to have been prepared. Defects in the individual design may be considered in those instances where no changes in design were made over a long period of time. The in• dividual parts of a dandy roll are sub· Note the star in the watermark to the right of the letters "USA." This star may also appear either above or below the letters "USA," depending upon the speciflc paper manufacturers. ject to wear just as any other moving Envelopes containing these watermarks were flrst sold in post offices throughout the United parts of a papermaking machine, be· States during the week ending January 9, 1965. coming progressively more and more damaged. By reference to samples retained by the manufacturer of var• ious production runs, it may be possi. ble to establish the approximate date on which the paper comprising the questioned document was made. Also included in the watermark file maintained in the FBI Laboratory are brand names of paper products.

Ballpoint Pens _ Utilizing a small rotating ball in~ socket and an ink somewhat similar to printing ink, the modern ballpoint pen is essentially a printing device be• cause it presses a thin layer of ink against the paper. The origin of ballpoint pens can be traced to the year 1880.1 They were made as early as 1895, and a patent on the ink was issued a few years later. Between 1935 and 1939 some 25,000 ballpoint pens were produced in Europe, but it was not until 1943 when Note small mark under flrst "E" in word "BERKSHIRE." This illustrates the manner in which they were produced in quantity in some paper manufacturers date their watermarks. Paper containing this special mark incor• Argentina that they came to the at· porated In the watermark was flrst shipped to customers by the Eaton Paper Corporation, Pittsfleld, Mass., on April 13, 1959. tention of the American consumer to a significant extent. The functioning of the writing er of the watermark in question. In dandy rolls of the style previously used mechanism and the fugitive nature of the FBI Laboratory this is done are no longer readily available or be· the inks left much to be desired in the through the medium of an extensive cause he desires a new design for one earlier ballpoint pens, but marked im· watermark reference file. reason or another. From his records provements in both areas have done Changes in design are made by the the manufacturer can readily deter· much to lift this type of writing instru· manufacturer from time to time either mine when these changes were made. ment to a premier position in the because replacements for worn-out In recent years some large manufac· marketplace. e 14 FBI Law Enforcement Bulletin Ballpoint pen ink may consist of _ mpblack ground in a mineral oil ve• hicle, but proper functioning calls for a dye of high tinctorial value compati• ble with a vehicle such as carbitols,2 glycols, or oleic acid. In January 1955 the Parker Pen Co. announced the introduction of a ballpoint pencil.3 Also in January 1955 the Scripto Co. introduced a similar writing instrument.4 The writing substance is known as liquid lead. Although difficult, the writing can be erased in much the same way as ordinary lead-pencil writing. With rare exceptions, ballpoint Note the word "FLUORESCENT" in the watermark. This indicates a fluorescent material was pen inks consist exclusively of organic added to the paper to make it appear whiter. dyes and organic vehicles, neither of which affords a potential means for measuring the approximate age of the change the original appearance of the clay is the pigment most commonly writing. document. Exhaustive tests of the used, but calcium carbonate, diato• type which change its appearance ap• maceous earth, talc, and precipitated The Paper preciably are applied only with prior calcium or barium sulfate are also authorization. used for this purpose. Although they Generally speaking, ordinary bond Aside from the watermark, there are are the same materials, these are or writing paper is a thin sheet of usually no measurable characteristics known as "filler pigments" when matted or felted vegetable fiber 5 with by means of which it is possible to as• added before the paper is formed, and filler, such as clay, and a sizing such certain whether ordinary paper is as "coated pigments" when applied after • s caseiu, rosin, or starch. These old as the document purports to be. it is formed. constituents, along with the physical As previously noted, paper is made up In recent years titanium dioxide has structure itself, form the basis for the for the most part of vegetable fibers, been used to overcome some of the examination of paper. filler, and sizing. Of these, only the objections raised to clay and the older Much progress has been made by sizing shows any significant effect of pigments. On the horizon are amor• the paper industry in recent years to age. Only in instances involving old phous silica and fine particle-sized aid in the testing and analysis of paper letters or manuscripts of possible his• alumina.6 by scientific methods. Unfortunately, torical value would the composition of Casein and starches have long not all of these methods can be used the paper warrant an analysis, but dominated the field as hinders for pa• in law enforcement largely because even then there are more often other per coatings, but synthetic hinders are the amount of paper in question is features of much greater value and beginning to show strength in this often very limited; sometimes there is significance by means of which the field. but a single sheet and many times genuineness of a document may be Sizings have long been added to pa• there is even less. O£ even greater established. per to impart resistance to the spread importance is the fact that in most in• The production of good paper of ink or oil, but their efficiency leaves stances the law enforcement officer is a complex job. In order to produce something to be desired. New fluoro• must carefully preserve the document a quality product, the papermaker carbon sizings seem to answer this in its original condition as nearly as must add pigments, binders, and/ or purpose. The use of silicones 6 also possible so as not to jeopardize its sizings. shows promise in this field. value as evidence at subsequent legal proceedings. Pigments Brighteners As a matter of practice, the FBI Pigments are usually inorganic Much time and money have been Laboratory applies only those tests materials which make paper whiter, expended by the papermaking indus• 6 r e hich do not perceptibly alter or more opaque, and smoother. China (Continued on page 23) February 1966 15 SEARCH

of the PERSON

" .•• when you realize that you are dealing with a matter of degree you must realize that reasonable men may differ widely as to the place where the line should fall."-Mr. Justice Holmes of the Supreme Court in Schlesinger v. Wisconsin, 270 U,S 230,241 (1925). a _

This is the second in a series of or escape extends from the inner re• yond the physical body of the person articles discussing the Federal law on cesses of the person's body (under arrested. As stated earlier, the pur• "search of the person." limited circumstances discussed later) pose of the law in allowing the search outward to a point somewhat beyond of the person is to (1) protect the D. Search Incidental to Arrest the physical body of the person ar• officer, (2) prevent escape, and (3) rested. For example, in an arrest in prevent destruction of evidence. If which the writer participated, the per• these objectives are to be accom· G. Scope of Reasonable Search son was arrested as he sat at his office plished, the officer's search must be desk. At the forward right-hand cor• allowed to go a bit farther than the 1. IN GENERAL ner of the desk top was a loaded re• defendant's toes and fingertips. A volver, slightly beyond the defendant's gun which the defendant can reach by Assuming that an officer has made reach while sitting down but easily taking one step and stretching out his an arrest that is legal and bona fide, within his grasp if he stood up. The arm is as dangerous to the officers as and which requires that the person ar· revolver was seized incidental to the rested be taken into full physical cus• one carried in his pocket. Recogniz• tody (rather than issuance of a sum• arrest as a thing on the person of the ing this fact, the law allows the officers mons), where and for what may the man arrested. It was on his person, to take both guns. They are both on officer search as a search of the person in the legal sense, because it was with• his person as a matter of law even and what may he seize? in his physical control- within his though one of them is off his person The area of search allowed to the reach. in the physical sense of the concept. officer as a search of the person for A moment's reflection will show The practical question is just ex• instrumentalities, fruits, and contra• why the law allows a rea onable search actly how far beyond the physica band of crime and weapons of attack of the persoll to extend somewhat be• body of the defendant may the office ~ a

16 FBI Law Enforcement Bulletin M earch and still stay within the legal and contraband of crime, different U.S. v. Boston, 330 F. 2d 937 (1964), ~ ounds of a reasonable search of the from the crime for which the arrest the contents of a suitcase carried by person? At what point does the is made. As Mr. Justice Frankfurter the person arrested for deportation, search cease to be one of the person said in a quotation shown earlier, it Abel v. U.S., 362 U.S. 217 (1960), and begin to be one of the place of includes "all that is on the person" and a purse carried by a woman ar• arrest? In what is probably the best (emphasis added) understanding the rested on a narcotic charge, U.S. v. description of the area of the person person to be not only the physical Smith, 308 F. 2d 657 (1962). Offi• given by any jurist, Mr. Justice Frank• body of the accused but also that which cers who arrested the defendants for furter said that the officers "may is within his immediate control. burglary took the clothes off the ac• search and seize not only the things cused men and sent them to the FBI physically on the person, but those 2. THI GS IN ACTUAL POSSESSION Laboratory for examination. Robin• within his immediate physical con• son v. U.S_, 283 F_ 2d 508 (1960), Anything in the actual physical pos• trol _ _ _ those immediate physical cert. denied 364 U.S. 919. Searches sion of the person arrested may be surroundings which may fairly be like these have long been held reason• searched. This point is now so clear deemed to be an extension of his per• in the Federal law that it need not be able, Holloway v. U.S., 301 F. 2d 514 son," and that a lawful arrest "carries labored. A few examples, in all of (1962) (narcotics in pocket); Naples with it authority to seize all that is on which the courts upheld the officers, v. U.S., 307 F. 2d 618 (1962) (can• the person, or in such immediate phys• will suffice. Federal officers exam• vas bag) ; Witt v. U.S., 287 F. 2d 389 ical relation to the one arrested as to ined a carton being carried by the per• (1961), cert. denied 366, U.S. 950; be in a fair sense a projection of his person _ _ _ the very restricted area son arrested for a liquor violation, Garske v. U.S., 1 F. 2d 620 (1924) ; that may fairly be deemed part of the person _ _ _ that which his body can immediately control." Rabinowitz v_ U.S., 339 U.S. 56 at 72, 73, 78, 79, 83 (1950). From this language it A would appear that the area of "the per• .,on" takes in everything within the defendant's "wingspread," covered by his outstretched arms, and anything else so close that he might reach it by taking a step or two. Anything within this limited circumference is "on the person" of the accused, i.e., in his actual possession, and subject to search. Within the circumscribed area dis• cussed above, the arresting officers may search the person completely. They may examine all things in actual possession of the accused, things in his constructive possession, things in his body cavities (under appropriate limi• tations discussed later), things which he has momentarily abandoned, and any apparently pertinent thing in open view. As will be explained later, this includes items which are purely evi• dentiary as well as those which are the instrumentalities or fruits or con• traband of crime or weapons. It in• e ludes the instrumentalities, fruits,

February 1966 17 Kwong How v. U.S., 71 F. 2d 71 sonably associated with the crime. case containing the heroin was in hi. (1934). See also U.S. v. Pardo• The result is that seizure would be constructive possession and control. Bolland, 229 F. Supp. 473 (1964); proper under either of three different The same principle was applied in Moore v. U.S., 296 F. 2d 519 (1961). theories. U.S. v. Zimmerman, 326 F. 2d Things in actual possession include 1 (1963). Defendants in that case unidentified things which the accused 3. THINGS IN CONSTRUCTIVE appealed from a conviction of vio• is seen trying to hide. Abel v. U.S., POSSESSION lating the Federal Firearms Act which supra. makes the interstate transportation of If a thing is just beyond the physi• Some courts have held that a search firearms by convicted felons a Fed• cal body of the person arrested, it is incident to an arrest may include eral offense. At the moment pertinent not clear whether that thing is in things in constructive, as well as ac• to the problem of search, the defend• "actual possession" or not. The tual, possession of the accused. Thus, ants were in the Chicago Airport wait• courts have not attempted to limit where the arrestee was found to have ing for their plane back to Cleveland, "actual possession" to any certain on his person at the time of arrest Ohio. The officers knew that defend• number of inches, feet, or yards away some receipt or other article showing ants had flown in from Cleveland from the physical body of the person his ownership or right to control an earlier that day and that they were arrested, and the officer need not con• item of personal property from which convicted felons. The defendants had cern himself with this question, at least in close cases. For example, in Christensen v. U.S., 259 F. 2d 192 "But the prevention and detection of crime is not a polite (1958), an officer having probable business and we see no need or justification for reading into the cause to arrest a man for a narcotics fourth amendment a standard of conduct for law enforcement offense went to a restaurant where in• officials which would leave society at the mercy of those dedi• formants said he could be found. De• cated to the destruction of the very freedoms guaranteed by the fendant was seen to carry a brown Constitution. The 'pursuit of happiness' referred to by Justice paper bag with him from place to Brandeis in Olmstead can be destroyed by idealistic theory that place as he engaged patrons in whis• shuns the deadly realism of crime."-Judge Lewis, U.S. Court a pered conversation. When he sat at of Appeals, Tenth Circuit, in Anspach v. D.S., 305 F. 2d 48 • a table, the bag was near his feet. (1962). Later defendant put the bag down while he put on his coat, and the offi• cer arrested him before he picked the he was temporarily separated, the bought their tickets and checked their bag up again. When directed to pick search and seizure ~f such property luggage with the airline. At this point up the bag, defendant denied owner• have been upheld as reasonably inci• the officers approached and asked the ship or knowledge of it. The officer's dent to the arrest. In Kernick v. U.S., defendants if they had their guns with seizure of the bag was upheld. The 242 F. 2d 818 (1957), officers arrested them. One defendant remained si• trial jury found the bag to be "in the the defendant on a narcotics charge in lent but the other said, "No, they're possession" of the defendant and the the Kansas City Union Station. A in our suitcases." The defendants appellate court did not disturb that preliminary search of the person were then arrested and a search of finding. A gun partially hidden in yielded a key to a luggage locker in the their persons disclosed the luggage a bag on the front seat of an automo• station. The locker contained a suit• checks. The luggage was retrieved bile was held presumptively in pos• case full of clothes. A more complete from the airline, opened, and found session of the two occupants of the search of the person in the "police to contain the guns. The courts up• vehicle. U.S. v. Paradise, 334 F. 2d room" of the station revealed a Santa held the arrest, made on probable 748 (1964). Fe baggage check. Using this check, cause, and the search. As to the It seems unnecessary to precisely the officers obtained another suitcase search, the appellate court said, "The define the basis for seizing the bag from the baggage room and opened it suitcases were on the premises where in Christensen. The facts offer a rea• with a key found in a package of ciga• the search occurred. Although the de• sonable basis for holding that it was rettes taken from the person of the fendants had relinquished physical in his actual possession, or at least in defendant. The suitcase contained possession to the airline personnel so his constructive possession. It was heroin. The courts upheld the action the luggage could be placed on the de• also a thing in open view and rea• of the officers, stating that "The suit• parting flight, they retained a meae

18 FBI Law Enforcement Bulletin M re of control through the claim not incident to the arrest." (Emphasis son. The vehicle was kept under sur• . hecks. The trial judge likened the added.) Preston v. U.S., supra, at 367. veillance by Federal agents following See also Lucas v. Mayo, 222 F. Supp. 513 situation 'as not too different than the arrest from 4 :49 p.m., that after• (1963) . noon, until shortly after noon of the if the man had the suitcase in his Arresting officers would be well ad• following day when a search warrant hands.' In such a case search of the vised to not extend this rule of con• suitcase would have been permissible." structive possession in traveler cases .was obtained from the U.S. Com• For other decisions of this nature beyond the limits of the decisions ,missioner. see U.S. v. Wilson, 163 Fed. 338 shown above. It seems most certain, 4. THINGS IN OPEN VIEW (1908); U.S. v. Li Fat Tong, 152 F. for example, that finding the key to 2d 650 (1945); U.S. v. Bianco, 189 the traveler's house would not allow Incidental to the lawful arrest the F. 2d 716 (1951) (facts in 94 F. Supp. a search of that place. Agnello v. arresting officers have the right to seize 239) ; Romero v. U.S., 318 F. 2d 530 U.S., 269 U.S. 20 (1925). And if the "visible" instrumentalities, fruits, and (1963), cert. denied 375 U.S. 946. circumstances in any case like Kermck contraband of crime in the place where However, the leading case, Preston or Zimmerman are such that a search the arrest was made. Marron v. U.S., v. U.S., 376 U.S. 364 (1964), casts warrant can be obtained, the opening 275 U.S. 192 (1927) ; U.S. v. Rabino• some doubt on the current validity of and search of the bag would best be witz, 339 U.S. 56 at 78 (1950); the above holdings. There the Suo delayed until the warrant is had. Christensen v. U.S., 259 F. 2d 192 preme Court, in ruling unlawful the In any situation where the discovery (1958); Dickey v. U.S., 332 F. 2d search of a motor vehicle stored in of articles on the person of the arrestee 773 (1964). This right should not be a police lot which was conducted sub· leads the officer reasonably to believe confused with the right to search the sequent to the arrest of the occupants, that property outside of the immedi• premises of arrest. A search is one stated as follows: ate possession of the accused contains thing and a seizure is another, and it "The rule allowing contemporaneous the fruits, instrumentalities, or contra• sometimes is necessary to mark the searches is justified, for example, by the band of a crime, the preferred pro• distinction between the two. U.S. v. need to seize weapons and other things cedure is to seize such property to pre• Rabinowitz, supra, at 76. All that is which might be used to assault an officer vent removal and to conduct a search said here is that incidental to the ar• or effect an escape, as well as by the need under the authority of a warrant. See, _ prevent the destruction of evidence of rest of a person the officers have a right the crime-things which might easily hap· for example, U.S. v. Radford, 240 F. to seize the obvious or reasonably ap• pen where the weapon or evidence is on Supp. 76 (1965). In that case, Fed• parent weapons and instrumentalities, the accused's person or under his immediate eral agents observed the defendant fruits, or contraband of crime in plain control. But these justifications are absent park his car in a public garage. view at that time and place. where a search is remote in time or place Shortly thereafter he was arrested at The officer must exercise some rea• from the arrest. Once an accused is under arrest and in custody, then a search made at his office, and keys to the vehicle and sonable judgment in seizing things in another place, without a warrant, is simply a parking stub were found on his per- plain view. He cannot sweep every• thing in the room, or within a 6-foot "physical control" radius of the ac• cused, into a sack and carry it away for later examination. Such a seizure is unreasonable. Kremen v. U.S., 353 U.S. 346 (1957). Each thing seized must reasonably appear to be a weapon or something connected with a crime. Yet the officer is not held to absolute certainty, owing to the ob• vious difficulty, in some cases, of rec• ognizing what are and are not the in• strumentalities, fruits, and contra• band of crime. The officers making a search of the person incidental to ar• rest and seizure of what is in plain view in a crime involving many pos• sible instrumentalities "should not be

February 1966 19 held ... to too fine a line lest instru• 2d 519 (1961), it was held that an police officers arrested defendant, A mentalities of the criminal enterprise officer investigating a recent theft of numbers writer, in the hallway of " which it is their duty to seize be lost mail may take a partially hidden en• home and went to the second floor as evidence ... Rather, in the course velope from under the foot of a sus• with defendant when he asked to go of a lawful search, officers should seize pect whom he has stopped to question. there to get his hat and coat. In the any item which in their experienced There is similarly no problem for second floor room the officers saw in judgment, knowledge of the circum• the officer when he can conclusively plain sight and lawfully seized two stances, and good faith is reasonably identify the thing in plain view as envelopes marked "Steadies" and capable of being designed, intended or being an instrumentality, fruit, or con• "Weeklies," which were found to con• used as an instrumentality of the al• traband of crime. For example, in tain numbers paraphernalia. See also leged crime." U.S. v. Pardo-Bolland, Davis v. U.S., 327 F. 2d 301 (1964), the discussion of "Things in Actual 229 F. Supp. 473 (1964). officers having information of a nar• Possession" and "Things in Construc• In Abel v. U.S., 362 U.S. 217 cotics violation and wishing to inter• tive Possession." (1960), the Supreme Court upheld view the defendant went to his home the reasonableness of an officer's seiz• and were properly admitted. Once 5. THINGS IN BODY CAVITIES ure of a piece of paper which he saw inside, they saw marihuana in plain the arrested person trying to hide. view in trash containers, arrested the Some officers have assumed from The officer did not know that the paper defendant, and took the evidence. The the decision of the Supreme Court in was what it subsequently proved to courts upheld the arrest and seizure, Rochin v. California, 342 U.S. 165 be--an instrument of espionage--but stating that "once legally inside the (1952), that all searches of the body he logically and reasonably assumed room the officers were not required to cavities of a person arrested are un• from the circumstances that it should remain blind to the objects." In U.S. reasonable. This is not true. . The be seized. In Moore v. U.S., 296 F. v. Schwartz, 234 F. Supp. 804 (1964), (Continued on page 26)

INVESTIGATORS' AIDS . • ' yl'6":) ~ 0 JI...... JA.' #" 3 If 'J.9 6 3" ..# 63 '1 '1 t -/0 ~'/ OK IS NOT OKAY An estimated 830,000 of these TV .REPAIR RACKET checks were cashed-all stamped A trio of check forgers in a mid• OK--before the three were arrested. A worker for a TV repair firm, western city were looking for a new whose responsibility it was to get cus• approach to their chosen profession. Wf O ~/'i./t ..• tomers, learned that people having One of them opened a legitimate IJ,.,f< .If b 3 -'f :)..(/ ~ ­ 5" 3 their sets repaired by this company checking account and obtained 10 TWO RINGS FOR SAFETY were being charged exorbitant prices. checks. He cashed one and noted He reported his findings to the po• that an office manager stamped the One numbers operator in the East lice who got a good TV set, had it check "OK" and initialed it. Thi has instructed his emplo}ees when thoroughly examined by a reputable \\ as the opener the trio needed. They phoning in bets to let hi phone ring firm, replaced a good 1.85 tube with stole the rubber stamp and used it twice, hang up, then immediately dial a defective one, and then took the set thereafter to give their cherne the him again at \\hich time he will an• to the repair firm in question. The seal of authenticity. swer. In this way, he knows that the set was "repaired" for a total cost of Some of the checks they used in call is being made by one of his em• 836, with some of the tubes replaced their scheme had been lost b} a local ployees. by others that did not fit. pharmacy, and others they i sued for With this technique, the backer The operator of the firm was ar• an account they had closed prior to hopes to avoid accepting any pretext rested and charged with larceny bIla their check-cashing spree. calls which might be made by police. trick. • The Law Enforcement Assistance Act of 1965

On September 22, 1965, the Presi- Responsibility for administering categories indicate briefly the basis for com· dent signed the Law Enforcement As- the Law Enforcement Assistance Act putation. Indicate specifically (a) the amount of Federal funds sought, and (b) sistance Act of 1965. An appropria- has been placed in the Department of the contribution to be made by the grantee tion has now been approved which will Justice. An Office of Law Enforce· and its form (cash outlay, services of per· enable the Department of Justice to ment Assistance has been established sonnel, provision of equipment or facilities, activate the program contemplated by under the Attorney General. An ap- etc.) . this legislation. propriation of $7,249,000 has been The act places responsibility in the made by Congress for the remainder 4. Other Resources Department of Justice for administra- of the fiscal year ending June 30, Indicate briefly the (a) specific facilities tion of a broadly defined grant and 1966. and staff available to mount the project, (b) technical assistance program designed Although grant application farms past achievements, experience, and other to strengthen State and local capabil- have not yet been finally developed, activities which qualify the applicant to con· ities in the law enforcement, crime preliminary proposal forms may duct the project, (c) the names of other prevention, criminal justice, and cor- agencies and organizations whose sponsor· now be submitted. They should be ship or cooperation in conducting the proj- rectional fields. It is a new and im- addressed to the Acting Director, Of- ect is deemed important and will be ob· _ ortant weapon In the Nation's fice of Law Enforcement Assistance, tained, ~nd (d) other Federal agencies struggle against crime and lawless- Department of Justice, Washington, contacted for assistance on this or similar ness. D.C., 20530. Set forth below are project ideas. The act authorizes financial as- points covering information which sistance to public or private nonprofit should be included. 5. Contribution of Project organizations for: Indicate (a) what will be done to evalu· A. Improving the quality of person- 1. Project Goals ate the project's effectiveness (or whether nel engaged in law enforcement, it is desired that others handle this respon- crime prevention, crime control, Indicate (a) nature of problem, (b) need sibility), and (b) new approaches or in· to be met, (c) target groups or organiza· or correctional work through pro- novative aspects of the program which tions affected, and (d) what it is hoped the would justify LEAA support of the project fessional training and related ed- pro j ect will demonstrate or achieve. as offering an effort, work product, model, ucation; or demonstration of national, regional, or B. Improving the capabilities, tech- 2. Project Methods other significance transcending the project's niques, and practices of agencies local impact. engaged in law enforcement, ad- Indicate as precisely as possible how the The following criteria have been ministration of the criminal laws, project will be executed and what design tentatively selected for evaluation of or methods will be utilized in carrying it correction, or the prevention or grant applications. However, because out (including estimated time schedule and control of crime; duration) . of the diverse character and wide va- C. Studying matters concerning riety of activities that may be consid- these activities; and 3. Financial Resources ered for support, it is neither desirable D. Rendering technical assistance in or possible to regard these as rigid re- these areas. Provide an estimated total budget for the quirements or policies. They should project broken down to show separate The Attorney General is also au- be considered rather as guidelines amounts for personnel (full·time, part·time, which will have application to most thorized to collect, evaluate, publish, and consultants), travel, equipment, sup· ..md disseminate information and ma- plies, communications (telephone, postage, types of projects submitted for LEAA . erials concerning these subjects. shipping), and other costs. Within these assistance.

February 1966 21 1. New Techniques or Approaches as many potential areas of experimentation to which the project deals with problerrA as possible and insure balanced regional, most in need of solution. ,., Preference will be given to projects seek• urban-rural, and subject matter representa• The great interest in the new pro• ing to develop or introduce new knowledge, tion will be given weight.) techniques, and approaches to problems un• gram among law enforcement people der considerations_ (Mere expansion of 8. Continuation 0/ Successful Efforts has been demonstrated by the many resources or facilities or introduction of im• proposals and inquiries submitted to provements in substantial use elsewhere will In demonstration efforts where assistance date. The need and concern for addi• not ordinarily satisfy this criterion.) is given to a new program, the ability and intention of the grantee (or other appro• tional training of police officers are 2. Stimulation 0/ Change priate agency) to continue the program widely understood. Many requests without Federal support if proved success• for assistance to training programs Preference will be given to action• ful will be seen as a positive factor in have been submitted. Among them oriented efforts; i.e., projects seeking to test evaluation for grant aid. or demonstrate ideas, to develop working have been several proposals for the prototypes or practical aids, or to activate 9. Sponsorship construction of buildings or purchase change and improvement. (This does not of ammunition. Unfortunately, the exclude studies or projects with study phases Sponsorship of all agencies to be affected appropriation for the program will if they incorporate action goals as described or having an immediate interest in a proj• not permit the support of construction ahove.) ect is considered an important element in grant eligibility. (Where, for example, sup• projects or the purchase of supplies 3. Broad Significance port is sought for a police operations proj• and equipment except in an unusual ect, cosponsorship or at least the endorse• case involving experimentation with Preference will be given to projects de• ment of the affected agencies and local gov• new concepts, techniques, or prac• igned to produce models or improvements ernment entity would be expected.) having value or significance beyond their tices. local impact (Le., for the Nation as a whole 10. Type 0/ Financial Support Less interest has been shown in the or for particular types of areas, communi• segment of the program designed to ties, agencies, or systems) . In general, most expenses required for the permit support of projects to serve conduct of a grant project will be supported 4. Duration 0/ Grants with the exception that outlays for construc• as models of new capabilities, tech• tion of facilities or purchase of capital niques, and practices for State and lo• Projects of relatively short duration will equipment will ordinarily not be possible. cal law enforcement agencies to i4 be encouraged. (In general, grants assist• (With the limited funds available for first• prove their effectiveness. Such pro• ance will be limited to projects contemplat• year activities, direct investment in program posals are encouraged and will be ing completion or some concrete stage of rather than facilities appears necessary.) closure in 1 to 2 years.) carefully considered. The staff of the 11. Need Office of Law Enforcement Assistance 5. Size 0/ Grants will aid in developing proposals into Regard will be given to need on two final form. Ideas should be sub• Grant requests of modest size will be en• levels in consideration of grant applica• mitted in preliminary form if it is not couraged. (Although the nature of some tions: (a) inability to mount the proposed efforts may be such as to require greater project without LEAA support (i.e., financ• possible to develop them in detail. upport, it is anticipated that most grants ing not possible from operating budgets This will permit their further develop• will be in the vicinity of $15,000-$150,000.) or other local resources); and (b) degree ment with staff assistance. 6. Grantee Contribution Preference will be given to projects in 'hv-1fh f;;nJJ 6/3/t s• ~ e ~ ""'£" f ')/11/';1- which the grantee is able or prepared to make a substantial contribution (in money, NO APATHX HERE ADVERTISING DIDN'T PAY JA+~l{,-'')(> services, or facilities) to the resources Ikf# 6 11+'.-# 6.1 - "f')..

22 FBI Law Enforcement Bulletin e AGE OF DOCUMENT many of which show the date on which date on which the questioned (Continued from page 15) the particular style of type was in· document was allegedly prepared; troduced to the market. By compari· 2. Obtain samples from records pre· try over the years to make its prod. son with this collection, it is often pared on the given typewriter ucts whiter and more pleasing to the possible to determine whether the on a date before the questioned eye. Among the most interesting new style of type used to prepare the docu· document was allegedly pre- additives introduced in recent years ment in question actually existed at pared; is the optical brightener. These are the time it purports to have been 3. Obtain samples from records pre· white dyes 6 which fluoresce under the prepared. pared on the given typewriter influence of the ultraviolet light com· Defects in the typewriting impres- on a date after the questioned monly present in most lighting and reo sions produced through the use of a document was allegedly pre· emit it as visible light. particular typewriter make their ap- pared; and Synthetic coatings started growing pearance gradually, one by one. They 4. Obtain samples from records pre· rapidly in ,the late 1940'S.6 Coatings are caused by normal wear and tear pared at the approximate time at for electrosensitive papers used in as well as by the accidental striking of which the questioned document is many office copying machines have one typeface against the back of an- believed to have been actually made their appearance in recent years. other. Once present, these defects re- prepared. Back in 1957 the Dennison Manufac· main unless and until they are aggra- Laboratory examination of such turing Co. began to develop a copy· vated or made more pronounced, or documents may well establish the age ing system which, unlike most others until significant repairs are made. In of the writing with considerable ac· in the field, contains its electrostatic effect, the typewriter writes its own curacy. The effectiveness of the ex· element 7 in the special coatings of chronology . amination is directly related to the the paper. Another newcomer in the Upon having estahlished that the quality, character, and quantity of the field is a lacquer coat,S questioned document was prepared on known standards obtained. Because the analysis of a sheet of a given typewriter, one should take The inking quality of the ribbon on paper for its fiber content has only the following steps: a typewriter also serves as a means A mited value, much of the effort to de· 1. Obtain provable samples from of determining the approximate date W rmine its origin or approximate age records prepared on the given on which a questioned document was must he directed to the determination typewriter on the approximate prepared. This determination IS of the various nonfibrous materials in· tentionally added or present as impur. TYm.lRITER TYPE SPECIMEN ities, Browning 9 has made an exten· sive survey of available methods for NO. ­ /6'6' such testing.

The Typewriter NAME OF MACHINE Remington Statesman Although not widely realized, the TYPE OF MACIUNE Proportional Spacing Electric typewriting on a questioned document STYLE OF TYPE Chancellor Type No. 666

offers an excellent means for deter- USED ON KlDELS Proportional Spacing Electric ONLY mining its approximate age. This DATE & SERIAL NO. OF MACHINE may be based either on the design of WHEN TYPE FIR3T USED Type released March 18. 1960 the type or on progressive defects in DATE & SERIAL NO. OF MACIUNE the typewritten impressions. WHEN TYPE mED lO~ Following the establishment of DATE & SERIAL NO. OF MACIUNE Still in use. the FBI Laboratory in 1932, the vari- WHEN TYPE WAS DISCONTINUED ous typewriter manufacturers were contacted and sample impressions RIBBON SPECIMEN ABCDEFGHIJKLMNOPQRSTUVWXYZ were obtained of the available styles abcd efghi jk lmno pqrstuvwxy z of type. Since that time sample im- 1234567890 I @ # $ %¢ & • ( ) ~ ~ + = " . I I ? / pressions have been obtained as soon a s they are released. This collection ~ cludes Sample of Remington Statesman Proportional Spacing Chancellor style type approximately 1,600 samples, introduced March 18, 1960.

February 1966 23 based on the fact that a new ribbon deposits a heavier amount of ink It e than one which has experienced long 1. Federal Bureau of Investigation and heavy usage. Standards for such 11 tt II­ a comparison should be obtained 2. Federal Bureau II from records prepared at different of Investigation ,. ~ It times as described in the preceding ~ paragraph. J. Federal Bureau of Investigation " 1- ~ Type Style

The determination of the make and Simulation of progressive defects in the typewriting produced on the same machine over a model of typewriter on which a ques· long period of time. Note that the letter "I" strikes a little lower in lines two and three than in line one; there is a more pronounced defect in the lower left·hand portion of the letter "I" tioned document was prepared for in line three than in line two; and more pronounced defects appear in the letters "v" and "g" dating purposes is anything but a in line three than in line two. When compared with known standards, the approximate date on which a questioned document was prepared may be determined. simple task. Some typewriter manu· facturers have used the same style of type for many, many years, such as the Imperial made in Great Britain/o but other manufacturers have used a UNITED STATES DEPARTMENT OF JUSTICE bewildering number of different styles. The matter is even more com· FEDERAL BUREAU OF I VESTIGAl'lON plex in those instances where one WASHINGTON, D.C. 20535 manufacturer has copied the type style of another with near perfection. In other instances, several different UNITED STATES DEPARTMENT OF JUSTICE typewriter manufacturers purchase the same style of type from the same FEDERAL BUREAU OF INVESTIGATION type manufacturer, such as Ransmayer in Europe, the world's largest exclu· WASHINGTON, D.C. 20535 sive manufacturer of typewriter type. In still other instances, a typewriter manufacturer may equip his new rna· UNITED STATES DEPARTMENT OF JUSTICE chines with leftover type faces from a variety of sources, thus producing FEDERAL BUREAU OF INVESTIGATION hybrid products. Once a typewriter ha been rebuilt extensively, efforts to WASHINGTON. D.C. 20535 determine the make and model from the typewriter impression are noth· ing hort of hopeless. Letterhead printing from three different lots.

New Concepts In 1962 IBM introduced the Selec· based on the typing element rather tric, a new concept in typewriter than on the typewriter itself. In a departure from uniform manufacture. This utilizes a spher. spacing for each character on the ical element bearing raised designs of Typewriter Ribbons machine, IBM in August 1940 intro· the characters on the keyboard. On duced its first proportional spacing these machines the typing element Typewriter ribbons consist of silk, machines whereby certain letters may be changed quickly and easily. nylon, or other fabrics impregnated are afforded more space than others. Being replaceable, many different with a vehicle containing a dye or Proportional spacing was introduced typing elements may be used on the pigment.ll The vehicle usually con· many years later by other typewriter same typewriter. Any typewriting sists of nondrying materials such as manufacturers. identification which may result is oleic acid and glycerine. Many die 24 FBI Law Enforcement Bulletin . ent dyes or pigments may be used. ditions or alterations may have been R. New York, N.Y.: Frederick A. _ Typewriter ribbon deposits offer no made on an otherwise genuine docu- Praeger, 1958. reliable basis by means of which a ment. These include studies of type- 1 Wilmer Souder, lournal of Criminal Law, Crim- document may be dated. The same is writing alignment, sequence of ink or inology, and Police Science, March­April 1955, vol. 45, No.6, p. 743. true of carbon paper deposits. pencil strokes, obliterations, additions, ~ Norman L. Anderson, Journal of Criminal Law, Carbon paper ribbons were intro- creases m the paper, and related Criminology, and Police Science, 1957­58, vol. 48, p. 233. duced on IBM typewriters in 1933. matters. 3 The Washington Post, Washington, D.C., Jan. 11, 1955. 4. Ordway Hilton, lournal of Criminal Law, Crim- Printed Forms Conclusion inology, and Police Science, January­February 1957, vol. 47. No.5. As noted in this article, many new 5 The Dictionary of Paper, American Paper and Certain documents may be made out Pulp Association, New York, N.Y., 1940, p. 246. developments, such as new fillers, on printed forms, such as notes, letter- 6 Chemical and Engineering News, Sept. 9, 1963, binders, and sizings in the paper, new vol. 41, No. 36, p. 86. {Note: The author drew heads, or certificates of various kinds, extensively upon this publication fOT source material.} styles of type used on typewriters, which purport to be older than they 7 Barron's National and Financial Weekly, May 24, and new watermarks in paper have 1965, p . 8. actually are. The printed forms 8 Chemical and Engineering News, May 10, 1965, appeared on the horizon with increas- themselves have a history all their vol. 43, No. 19, p. 36. ing frequency during .the last few 9 B. L. Browning, Technical Auociation of the own, aside from the paper or other Pulp and Paper Industry, 1956. vol. 39, No. I, years. features appearing thereon. The p. 161A. While no forecast can be made as 1() Suspect Documents­Their Scientific Examination, printer usually keeps a sample of each to the probable outcome in a specific Wilson R. Harrison, 1958, p. 245. lot or order filled by him. By com- 11 Charlotte L. Brown and Paul L. Kirk, Journal case, these new developments offer of Criminal Law, Criminology, and Police Science, parison with known standards, the valuable new tools which may be uti- March­April 1956, vol. 46, No.6. dates of which have been established, lized in the solution of the complex it is sometimes possible to determine technical problem of determining the )?J:M ~-tv~ ~~ whether a document is as old as it 6/11)/6' approximate age of a questioned purports to be. PARE~.nS / PENALIZED document. IJ+' fr () 3 ­f­:J.9 6 ­ '()../ Police in Indianapolis, Ind., have Bibliography revived two seldom­used ordinances in an effort to curb the rising number Rubber stamps often develop pro· The Dictionary of Paper, American of traffic accidents involving children. gressive defects with heavy use and Paper and Pulp Association. Men- The ordinances provide that parents afford a means of dating a questioned asha, Wis.: George Banta Publishing of children 12 and under who ride document. The same is true of hand Co., 1940. bicycles in the street can be arrested numbering machines. Since inked Ink on Paper, Arnold, Edmund C. and fined a maximum of $100 if found pads are commonly used with both, ew York, .Y.: Harper and Row, guilty. For those parents whose chil- the changes in the ink used on the 1963. dren under 12 are found playing in pads may also afford a means of dat- Inks, Waters, C. E. National Bu- the street, the fine is $10. ing a document. reau of Standards Circular No. C426, Known standards for comparison 1940. ~ ~:Jd 6/0-:2../605- purposes may be obtained from rec- Lockwood's Directory of the Paper RACING SIGNALS ords made in the usual course of busi- and Allied Trades. New York, N.Y.: #.hd<' "#6 :1­ 'I C1. <1 t-II ness. They should include some made Lockwood Trade Journal Co., Inc., Te ~ en~ge drag racers in one Mid- at about the time the questioned doc- 1965. west area have found the wee hours ument purports to have been prepared Printing Inks­Their Chemistry and a new 7­mile stretch of divided and others prepared both before and and Technology, Ellis, Carleton. highway quite conducive to their after the purported date of the ques- ew York, J.y.: Reinhold Publish- pastime. tioned document. ing Corp., 1940. Lookouts with flashlights are posted Stamp pad and printing inks, pen- Scientific Examination of Ques- on the interchange bridges at each cils, and crayons offer no significant tioned Documents, Hilton, Ordway. end of the stretch. When a patrol means for determining the approxi- Chicago, Ill. : Callaghan and Co., car is spotted, flashlights flicker and mate age of a questioned document. 1956. serenity resumes as the defiant ones _ Beyond the scope of this article are Suspect Documents­Their Scien- drive slowly and nonchalantly away _ ose instances where fraudulent ad­ tific Examination, Harrison, Wilson from the scene.

February 1966 25 SEARCH In some cases there is an immediate cotics popped out. Defendant (Continued from page 20) need to prevent the destruction of evi• jected to the use of these narcotics dence. In Espinoza v. U.S., 278 F. evidence, claiming an unreasonable Federal courts have since upheld a 2d 802 (1960), cert. denied 364 U.S. search and seizure because the officers number of searches of the person in 827, a narcotics officer opened a car had violated his rights by using un• which rubber or cellophane bags of necessary force. The court refused to narcotics were taken from the stom• door and told the occupant (defend• decide this issue but upheld the offi• ach, intestines, or anus of the arrested ant) that he was under arrest. The cers in all respects, stating simply that person and used in evidence against defendant pushed the officer, tried to "Mont started the fight, altogether him. Among these are the following: close the door, and grabbed a glassine unlawfully" and that what hap• Blackford v. U.S., 247 F. 2d 745 envelope containing a white powder (1957), cert. denied 356 U.S. 914; from the car seat and put it in his pened thereafter was the result of the officers' right to subdue resistance U.S. v. Michel, et al., 158 F. Supp. 34 mouth. The officer closed his arms (1957), afr. 258 F. 2d 754, cert. de• around the defendant's neck to pre• to a valid arrest. nied 359 U.S. 939; People v. Woods, vent him from swallowing the evi• For State cases in which the action 139 Cal. App. 515 (1956), cert. de• dence. A second officer tried to stick and the court decision were similar to nied as Woods v. California, 352 U.S. his finger into the defendant's mouth, Espinoza and Mont, see Peaple v. Tah• tinen (Calif.), 210 C.A. 2d 755 1006, Application of Woods, 154 F. but to no avail. This officer then People Bass Supp. 932 (1957), afr. 249 F. 2d 914, grabbed the defendant's nose to force (1962), and v. (Calif.), cert. denied 356 U.S. 921; Barrera v. the mouth open. The envelope 214 C.A. 2d 742 (1963). U.S., 276 F. 2d 654 (1960) ; Murgia dropped out of the defendant's mouth Summing up searches of body cav• v. U.S., 285 F. 2d 14 (1960), cert. into his hand and he threw it away, ities, the power of search used here is denied 366 U.S. 977; King v. U.S., after which it was recovered by a an extraordinary one. It should not 258 F. 2d 754 (1958) ; Denton v. U.S., third officer, found to be an opium be used routinely. As one court said, 310 F. 2d 129 (1962) ; Lane v. U.S., derivative, and introduced in evi• "Obviously it would be a most mis• 321 F. 2d 573 (1963). dence. The courts upheld the offi• chievous thing should the customs of• Aside from the fact that all of the cers, stating that they used no more ficers subject every returning traveler above cases are customs cases, they force than was necessary under the to the indignity of a search of th_ have certain other characteristics in circumstances and that the search and character, or shQuld they do so 0'" common. In each case (1) there was seizure were reasonable. speculation or surmise." U.S. v. good reason to believe that the person Similarly, in Mont v. U.S., 306 F. Michel, et al., supra. Whether good had inside him something which 2d 412 (1%2), cert. denied 371 U.S. cause for such a special search exists should be taken out; (2) the search 935, officers went to an apartment can often be discussed telephonically was made by a doctor working under building to conduct a surveillance of with the prosecutor, and if it does, ref• sanitary conditions and in a medi• Mont, a narcotics suspect. There was erence can then be had to the searches cally approved fashion; (3) the of• an unexpected physical encounter previously shown as approved by the ficers used such force as necessary to when the officers came upon Mont courts. Except in emergency situa• make the person submit to the exam• standing just inside the threshold of tions, these searches should always be ination, but no more. a certain apartment. Mont appeared made by search warrant for search of Although all of the above decisions to recognize one of the officers, "mo• the person. were handed down in customs cases mentarily froze," and then raised his For additional information on this involving the smuggling of narcotics left hand to his mouth, inserting there• subject, see Haislip, Judicial Reaction acros the border, and the power of in glassine envelopes of the type com• to Evidence Obtained by Harsh and border searches is unusually broad, monly used in the narcotics trade. Unusual Means, William and Mary nothing in the language of the deci• One officer identified himself and Law Review, vol. IV, No.1, 1963, and sions indicates that the power to shouted, "You are under arrest." A U.S. v. Townsend, 151 F. Supp. 378 fight ensued and lasted a quarter of search body cavities of a person law• (1957) . fully arrested is limited to border sit• an hour before Mont was subdued. One officer stuck his hand into the de• uations. Officers in the interior some• H. Arrests Made in Vehicles times have need to search body cavi• fendant's mouth to retrieve the con• ties. Instruments of attack, suicide, traband and was badly bitten. Later, With exceptions discussed later, all or escape can be hidden in body another officer struck the defendant a that has been said concerning the righ'" cavities. blow in the solar plexus and the nar• of the arresting officer to search th.

26 FBI Law Enforcement Bulletin NATIONWIDE CRIMESCOPE

~~v~ -(7T ff , ~ , '0 ,(163 'I0-{t- 5 1J• ~~' ~->tJ!d ~/C/6S­ lei EATH THE SURFACE Some 50 betting slips were recovered INVISIBLE ROBBERY· from these hiding places by the FBI .L./A' ­1/ t 3 ­ 4­ {l f 1-10 To all appearances, the office and Agents and the State police. Servife station attendants are fre- its furnishings gave no evidence of quently subjected to armed robbery. being anything but a regular office Usually, however, they get a chance ~ t. 0r0~ <1/;/6 1• with desk and chairs. But this was ~UASIVE TACTICS to see the holdup man. a gambling raid on a suspected /{....h' #6 3 -'t~,t-;o Such was not the case of a service bookie establishment, and FBI Agents A roting bank burglar serving a 10- station operator in a Midwest city who and State police troopers were look- year sentence in a midwestern Federal recently received a telephone call from ing for more than met the eye. Their reformatory confided to an FBI Agent someone who said he was in a nearby search was rewarded. his source of the nitroglycerin he used telephone booth. This individual Behind a panel of the wall was a to blow bank safes open. warned that an accomplice had a high- powered deer rifle aimed at the oper- telephone. So well matched was the He stole large quantities of dyna- panel with the rest of the wall that ator's head ready to shoot if instruc- mite­­usually from heavy equipment only upon close examination was the tions were not followed. The operator shacks or railroad equipment storage secreted telephone discovered. was then instructed to place all the houses­and would boil this dynamite, Close inspection of the wooden money from the cash register at a desk on the premises brought to light skimming the nitroglycerin off the top. certain location outside the service sta- a number of betting slips reposing He would then put the nitro in a small tion and then return inside. The at- . n hollowed­out sections at the back perfume vial and wear it hung around tendant complied with the instructions • both leaves of the desk. Only by his neck by a stout cord. The vial and in a few minutes noticed an auto- pulling out the leaves to their full was taped to his chest to insure a mobile speeding away. The money extent could these be observed. minimum of movement. too had disappeared.

person of the one arrested applies to 2d 328 (1961), cert. denied 369 U.S. Brinegar v. State (Okla.), 262 P. 2d arrests made in an automobile as well 876; Robinson v. U.S., supra; and 464 (1953). as to those made in a house or other unidentified articles partially hidden, The question of the officer's power building or in the street. After a legal Gendron v. U.S., 227 F. Supp. 182 to search does not usually come up in and bona fide arrest of the driver, for (1964); Kershner v. Boles, 212 F. cases of minor traffic violations. The example, the officers may take things Supp.9 (1963). usual police practice in such cases is found on his person, Espinoza v. U.S., Some courts, however, have re- to issue the driver a summons. While 278 F. 2d 802 (1960), cert. denied cently raised doubts concerning the the act of stopping the driver and de- 364 U.S. 827; Robinson v. U.S., 283 extent to which officers may search taining him to issue the summons may F. 2d 508 (1960), cert. denied 364 the person of one who is arrested for be an arrest in the most technical sense U.S. 919; things within his control, a traffic offense of a type which in· of the term, it is not a full physical U.S. v. Paradise, 334 F. 2d 748 volves no instrumentalities, fruits, or custody arrest and for that reason does (1964) ; Bass v. U.S., 326 F. 2d 884 contraband. Such an offense would not give the officer any right to search (1964); things which he abandons, be "running" a red light or stop sign, the driver's person. The question of McClure v. U.S., 332 F. 2d 19 (1964) ; as distinguished from driving while power to search must be answered, Jackson v. U.S., 301 F. 2d 515 (1962), intoxicated, in which case the officers however, because the law does allow cert. denied 369 U.S. 859; things in might logically assume the presence full physical custody arrests for minor open view and apparently connected of some instrumentality such as a traffic violations, and some officers are _ ith any crime, Busby v. U.S., 296 F. bottle of intoxicating liquor. See under instructions to make such an

February 1966 27 arrest in each case in which the vehicle tody arrest for a minor traffic offense Must Be Bona Fide." A bears an out-of-State license tag. (nonoperating brakelight) a search Assuming that the Wisconsin dW There are several decisions holding, of the driver for weapons ("patting cision in Barnes v. State correctly or indicating a judicial view, that even down") is proper, but a further and states the law on searching a person a full custody arrest for a minor traffic meticulous search strongly suspected arrested in a vehicle for an offense not violation will not allow a search of by the court of being used to discover involving instrumentalities, fruits, and either the driver or his car. In a case marihuana (which it did) was unrea• contraband of crime, one question still in which officers arrested a man for a sonable. The court noted that the remains unanswered. How far into minor parking offense and the search purpose of a search of the person, in the automobile does a search of the revealed policy slips which became the addition to finding weapons, is to dis• person extend? How much of the basis of criminal charges against him, cover the instrumentalities, fruits, interior area of the vehicle is so com• the Illinois Supreme Court said the and contraband of the crime for which pletely under the immediate physical facts which would justify a search are the person was arrested, and that such control of the driver-within his not present in "... the kind of minor things do not exist in the offense of reach-as to be justifiably searched as traffic offense that ordinarily results driving a vehicle with a defective a search of the person rather than a in a 'parking ticket' hung on the brakelight. As to a search of the per• search of the vehicle? This search handle of the door of the car, telling son for weapons, the court stated as would be one made for weapons of the offender that it is not necessary to follows: Injury or escape. See generally, appear in court if he mails the amount "We are not persuaded that where a traffic "Scope of Reasonable Search," page of his fine." Moreover, that"... when offender actually is arrested, as distin• 16 supra_ no more is shown than that a car was guished from being handed a summons to Assuming that the search of the parked too close to a crosswalk or too appear in court at some future time, that it person incidental to arrest can in• is unreasonable for the arresting officer to far from a curb, the constitution does clude some interior portions of a search his person for weapons. In a recent not permit a policeman to search the California case the court took note of nu· motor vehicle, nevertheless, a search driver." People v. Watkins, 166 N.E. merous attacks which have been made upon for weapons cannot lawfully be 2d 433 (1960). To the same effect, a law enforcement officers seeking to interro• made where such areas are no long• Federal court has said that " ... a gate occupants of automobiles. People v. er accessible to the arrestee, since iA Davis (1961), 188 Cal. App. 2d 718, 722, 10 minor traffic violation will not gener• that event, the threat of harm to th ~ Cal. Rptr. 610. A striking example of this ally justify a search of the vehicle and is afforded by Brook v. State (1963), 21 officer no longer exists_ At least one its passengers," citing four State court Wis. 2d 32, 123 .W. 2d 535. Some of the Federal court decision holds that once decisions. U.S. v. One 1963 Cadillac mo t dangerous criminals are as well the traffic offender has been arrested Hardtop, 224 F. Supp. 210 (1963). dressed and peaceful appearing as the ma• and securely held outside his vehicle, jority of law-abiding citizens. It seems to Without questioning the correctness us that the protection of the lives of our law the right to search for weapons does of these decisions in the summons enforcement officers outweighs the slight not extend into the vehicle. A Dela• type of traffic case, they still do not affront to personal dignity of the arrested ware Highway Patrol officer on rou• solve the problem of the officer who is person who undergoes a search for weapons. tine duty saw the defendant speed• under orders, issued for some proper We find the arguments advanced in favor of ing on the highway at night and ar• this position in Agata, Searches and Seizures purpose, to make a full physical cus• Incident to Traffic Violations-A Reply to rested him after a 100-mile-an-hour tody arrest of the violator and bring Professor Simeone, 7 SI. Louis Law Journal chase. The officer had to subdue the him to the police station or magistrate. (1962) 1, most persuasive." defendant physically and, after doing uch a person can kill or injure the The Wisconsin decision protects the so, handcuffed the defendant, placed officer as easily as any other offender, arresting officer without leaving the him in the front seat of the police car, and the fact that he is known only as door open to unreasonable searches. and shut the door. The officer, who a traffic violator at this moment does As the court clearly indicated, it still was alone, then felt secure, as he testi• not prove that he is harmless other• can reject as unreasonable a search of fied at trial, and proceeded to search wise. the person incident to a full custody the defendant's car. Under the front A reasonable and well-balanced arrest for a minor traffic violation if it seat he found a sawed-off shotgun in view of the entire problem is that finds that the arrest was not bona violation of Federal law_ The court taken by the Supreme Court of Wis• fide-that the officers used the traffic held the search unreasonable, stating consin in Barnes v. State, 130 .W. violation as a pretext to arrest and that the officer could not have been 2d 264 (1964), in which that court search for some other purpose. See searching for instrumentalities, fruit_ took the position that in a full cus• earlier discussion entitled "The Arrest and contraband of the offense of spee ~

28 FBI Law Enforcement Bulletin A g for there are none. He had no intent to lay down a rule that a search Travers v. U.S., 144 A. 2d 889 ~ ight to search for weapons because for weapons would always be unrea• (1958). The Supreme Court of Okla• the secure condition in which the de• sonable. After holding only that the homa has taken the position that al• fendant now was held made it im• search was unreasonable under the though not every traffic arrest justifies possi,ble for the defendant to obtain facts of this case, the court said: a search of the vehicle, when the officer any weapon which he may have had "This is not to say, however, that the making the arrest finds facts and cir• in his car. As a result, the search officer in question, untrained in the law, cumstances causing him in good faith was exploratory only, and all explora• should necessarily be criticized for doing to believe that the motorist is armed, tory searches are unreasonable. U.S. his duty as he saw it. In a close case dangerous, or intending to escape, he v. Tate, 209 F. Supp. 762 (1962). See such as this, it is perhaps better that the has the right incidental to arrest to arresting officer be overzealous and, in find· Preston U.S., also v. 376 U.S. 364 ing a deadly weapon, thus prevent some search for weapons through as much (1964) . brutal intended murder, leaving it to of the vehicle as the accused can reach, The TaJ;e decision is of doubtful trained prosecuting authorities to deter· such as under the instrument panel, validity if it assumes that an accused, mine at leisure whether the facts warrant under the seat, and in the unlocked once handcuffed and placed in a car. prosecution for the offense thus uncovered." glove compartment. The court up• is no longer dangerous. This is not State court decisions are not in held such a search in a case where the necessarily true. If handcuffed in agreement on the proper rule. The defendant was arrested at night after front, he still can get out and attack Superior Court of New Jersey appears passing one truck in a no passing zone the officer. He may be able to release to take a position like that in Tate. A and forcing another to the shoulder. himself from the handcuffs and use State officer stopped a car with a Brinegar v. State (Okla.), 262 P. 2d them as a weapon of attack-it has broken taillight and made a full cus• 464 (1958). It upheld such a search been done in the past. In either case tody arrest of the driver for failure in another case in which the arrest was for speeding and the officer recog· nized the occupants as dangerous. "While most of us who criticize the police have comparatively Sanders v. State (Okla.), 341 P. 2d safe and pleasant environments, most policemen spend every 643 (1959). The Supreme Court of working day dealing with dangerous criminals of every kind Minnesota has agreed with the posi• and in the most dismal surroundings."-Chief Judge Campbell, tion taken by the Supreme Court of U.S. District Court, Chicago, Ill., in U.S. ex rei. Reck v. Ragen, Oklahoma in Brinegar. State v. Har• 172 F. Supp. 734 (1959). ris (Minn.), 121 N.W. 2d 327 (1963). Although the cases cited are not in full agreement, it seems a fair state• the accused might momentarily gain to have a driver's license in his posses• ment to say that they lean definitely in the upper hand on the officer, seize sion. The court held the search of the favor of allowing the officer to search the shotgun, and kill the officer. It vehicle (disclosing a stolen safe) to be the person of anyone whom he has might be argued that the officer unreasonable, stating that: "Surely taken into full physical custody for should immediately drive away with the operator of a motor vehicle should any traffic offense, assuming a lawful his prisoner, but this approach is un• not be required to submit to a search and bona fide arrest and some good realistic. The officer has a duty to de• of his person or his automobile merely reason to take into custody rather than termine whether anyone else is in the because he parks too close to a fire issue a summons, and that in deciding car, lying down behind, look the car hydrant, fails to stop at a stop sign, whether this search of the person may over generally as an alert investigator passes a red light, exceeds the speed cover those parts of the vehicle within should do, and close the windows and limit, or commits like traffic viola• the immediate physical control of the doors-preferably locking them-for tions." State v. Sanders, 202 A. 2d 448 accused, the courts will be inclined to custodial purposes. While the officer (1964). The Municipal Court of Ap• give the officer the benefit of the doubt is performing these duties, he still is peals for the District of Columbia has if he can show any factual basis at all open to attack. stated (dictum) that in a full custody for so extending the search. Even in In fairness to the court which de• arrest at 4:30 a.m. for driving at a Tate the court said, "Great deference cided the Tate case, however, it should high rate of speed, passing a stop sign, should be paid to an officer's decision be said that in this case the prisoner and driving without lights, a search that a search for weapons is neces• .ras handcuffed with his hands behind of the front seat area of the vehicle in• sary." _ is back, and the court disclaimed any cidental to arrest would be reasonable. (To be continued in March)

February 1966 29 THE REVERSE SIDE MAY BE USED IN A SUGGESTION ON THE SAME MANNER FILING WANTED NOTICES

File card for wanted notices.

THE POSTING of wanted notices because the wanted notice bears not At the time a subject is arrested and in the fingerprint files of the FBI only a single fingerprint of the fugi• fingerprinted by a local law enforce• Identification Division indicating that tive but also his complete fingerprint ment agency, his impressions can b the apprehension of a particular indi• classification. Each wanted notice searched rapidly through the prina. vidual is desired by a local lawen• may be clipped from the Bulletin In• and wanted notices on file. If the forcement agency is one of the many sert and mounted at the upper-right classification of a set of prints matches services furnished by the FBI. This hand corner of an 8- by 8-inch card the classification on a wanted notice, service is furnished without char.ge. as shown in the accompanying illu• or nearly matches it, a definite con• In connection with this service, stration. The card is then filed in the clusion can be reached by comparing where fingerprints are available, the particular classification to which it the single fingerprint contained on the FBI also publishes large numbers of belongs in the fingerprint files. In wanted notice with the corresponding these wanted notices each month in the order to derive the maximum benefit fingerprint of the arrested subject. FBI Law Enforcement Bulletin In• from each of these cards, it is sug• Through this procedure the fugitive sert. For those identification officers gested that as each of the mounted no• status of many persons has been dis• who may have a problem in maintain• tices is cancelled, the remaining cor• closed in a very short period of time ing these notices in a readily acces• ners of the card be utilized in like man• after their arrests. sible file within the limitations of ner. After the four corners of the This method should not interfere in available space, we again offer a pre• card have been used, the card can then any way with the established pro• viously suggested method for filing be reversed and the same procedure cedure of forwarding to the Identi• these. followed. fication Division of the FBI in Wash• The proposed system is an effective One suggested method with regard ington' D.C., the fingerprints of every and inexpensive way of making such to the cancellation of these notices person arrested. This procedure is notices a part of the law enforce• makes use of a rubber stamp bearing necessary in order to verify positive ment agency's regular fingerprint file. the word "cancelled." As a cancella• identification and to assure that the With the use of this system, the tion notice appears in the Law En• individual's entire arrest record, based agency which arrests a fugitive pre• forcement Bulletin Insert, that partic• on fingerprints taken at the time of viously listed in the Law Enforcement ular notice in file should be stamped each arrest, will be complete in FBI Bulletin Insert will be able to identify crosswise upon its face as shown In files for the benefit of all law enforcea the person promptly. This is possible the illustration. ment. •

30 FBI Law Enforcement Bulletin Tempers were high as the two men Specials from the chamber slot came at each other with drawn guns. aligned with the barrel of the .41- A feud had been smoldering between caliber Colt revolver. the two for some time, and the climax The case wall on this last cartridge came when they met in a local bar had an accordion­type fold about and fired at each other-one with a five­eighths inch from the head. A .32·caliber revolver, the other with a deformed cylndrical­shaped mass- .41·caliber Colt revolver. Four shots the diameter of a .41­caliber­made were fired in all. up the bullet. The overall length of This scene might have taken place the cartridge was 1.39 inches as com- in the days of Wyatt Earp, with the pared \\jth the 1.54­inch length of a

participants staging an old-fashioned standard .38 Special cartridge. The milllon-to-one-~hot bullet. western shQot-out; actually, it took Microscopic examination in the place in Cleveland, Ohio, in July Cleveland Ballistics Laboratory dis- 1965. closed that the deformed lead jammed formed lead was removed. When the smoke of battle had in the chamber consisted of two fused All evidence points to a one­in­a- cleared, one of the participants had bullets, with the cupped base of one million possibility, according to the been hit twice-in the abdomen and constifuting a portion of what would Cleveland police. They surmise a shot fired from the .32­caliber re- in the arm-one of the shots had gone normally be the bullet nose. Along volver directly entered the larger wild, and the fourth was unaccounted the side of this cupped base, there is barrel of the .41 revolver and fused evidence of rifling with characteristics lllii.r. itself with the lead of the .38 Special • Examination of the guns by Cleve- similar to those on the test shot fired cartridge which was in the chamber land police revealed that the .41- from the .32­caliber Colt revolver. aligned with the barrel. The force caliber revolver was loaded with one There were other markings on this of the impact caused the cartridge .38 Colt NP cartridge and three .38 bullet that could have been impressed case wall to fold, thus accounting for Special cartridges. Police had diffi- on it by the barrel of the .41 caliber the shortening of the overall cartridge culty in extracting one of the .38 Colt revolver from which the de­ length.

38 SpeclOl Cartrrdge (Deformed)

_ TWO .38 Special cartridges, one normal, the other deformed. The two revolvers used in the feud. February 1966 31 notify the Director of the Federal B_ WANTED BY THE FBI reau of Investigation, U.S. Depa_ ment of Justice, Washington, D.C., 20535, or the Special Agent in Charge of the nearest FBI field office, the tele• phone number of which appears on the first page of most local telephone directories.

FINGERPRINT PHENOMENA Hundreds of thousands of visitors come to FBI Headquarters each year to view the exhibits and tour the buildings. But one of the recent vis• THEODORE CHARLES NELSON, also known as: Teddy Nelson, Theordore itors-accompanied by her 8-year.old Charles Nelson. son-came for the purpose of giving some very interesting information. Bank Embezzlement This consisted of the unusual oddity of the lack of fingerprint characteris• THEODORE CHARLES NELSON is cur• colors. Nelson reportedly may have tics on her fingers and those of her rently being sought by the FBI for suicidal tendencies. young son-as well as those of her bank embezzlement. father. None of them have ridges Description within the pattern area on either the.' The Crime hands or their feet. Age______. 21, born Mar. 16, 1944, The father of the woman had been On June 23, 1964, Nelson reported Oakland, Calif. fingerprinted some years before, and to work as usual at the Oakland Bank HeighL ______5 feet, 6 inches to 5 his fingerprints are maintained in the of Commerce, Oakland, Calif., where feet, 7 inches. WeighL ______165 pound. FBI Identification Division under an he was employed as a clerk and daily Build______Medium. approximate classification in the ab• handled large sums of money. Nel• Eyes______Brown. sence of necessary ridge detail which son, however, broke with this daily Hair______Brown (may be dyed prevents accurate classification for fil• routine when shortly before the bank black or reddish ing purposes. It is noted, however, was to open, he allegedly went to the brown). Complexion______. Ruddy. that there is sufficient ridge detail in vault, checked out $140,000 in cash, Race______White. certain of the fingers to make an iden• stuffed it into a shopping bag, and Nationality______American. tification. walked out of the bank. Occupation______Bank clerk. The finger impressions of the A Federal warrant was issued on Scars and marks ____ Hernia operation scar woman and her son were taken by June 23, 1964, at Oakland, Calif., at lower left of abdo· men. FBI Identification Division personnel, charging Nelson with violation of the Remarks______Reportedly effeminate and their fingerprints, too, have been Federal Reserve Act. in mannerisms. FBI No ______. 913,908 E. given an approximate clas ification because of the absence of ridge de• The Fugitive Finge.rprint classifi· 2 0 5 U III 18 catlon______.---,,...... ,.,:::--=--=;--• tail in the pattern area. However, like 117 R m elson, who allegedly has associ• the woman's father, there is sufficient ated with homosexuals in the past, detail available in each set of finger• Notify the FBI has been described as a "showoff" prints to effect an identification. who would do anything for a joke. Any person having information The finger impressions of the e He reportedly is a neat dresser who which might assist in locating this three people are unusual and appear prefers expensive clothes in bright fugitive is requested to immediately to be hereditary phenomena. e

32 FBI Law Enforcement Bulletin U.S. GOVERNMENT PRINTING OFFICE: 1966 0-797-236 FOR CHANGE OF ADDRESS

Complete this form and return to:

DIRECTOR FEDER.\L BURE.\l: OF IXn;STIG.\TlOX , Y .\SIlIXGTOX, D.C. 20535

(}.' (II11 C) (Title)

( Addrea.<)

(State ) (Zip Code)

-d.v~ II It! ~ ') j.~, 0 ~~- f (l­J. 11. ')~ ~}k l?k~ Traffic Fellowships Offered by Yale University

The Bureau of Highway Traffic of ment is considered by many em· f ers unusually promising careers to Yale l 'niyersity announces the avail· ployers to be a form of inservice young engineers. A current sun'ey e bility of fellowships for the 1966-67 training. The Bureau has trained has indicated need for 1,400 addi· academic year to be awarded to quali• oyer 650 professional traffic engineers. tional qualified traffic engineer::- in fied graduate engineers who are citi• Most of these graduates hold responsi• the l"nited tates. and this need will zens of the l -nited States and would ble traffic engineering positions in double in the next decade as traffic like to enter the profession of traffic city government and State highway \'olumes increase. engineering as a career. The fellow• departments as well as commercial Applications for admission and ships cover a full academic year of agencies. further information may be obtained graduate study. starting in September The academic year of traffic en· by writing to M1'. Fred Hurd. Direc• 1966 and terminating the following gineering study consists of two full tor, Bureau of Highway Traffic. Yale May. semesters of classroom work, labora• l'niyersity. Strathcona Hall. lew Students receiving the fellowships tory and individual research, required Haven, Conn. Fellowships and schol• are provided a living stipend of $1,400 reading. field problems, and seminars. arships are awarded to those appli• disbursed at the rate of 8175 a month The courses include (1) traffic char• cants with highest qualifications. for a period of 8 months and the full acteristics and measurements. 12 ) The closing date for filing applica• year's tuition of 81.600. The fel· traffic regulations and control de• tions is March 1. 1966. Previous ex· lowships are made available to the vices. (3) traffic flow analysis and perience in traffic work is not essen· university through grants from the theory, (4) transportation planning, tial to become a successful candidate <\utomotive Safety Foundation and (5) highway planning and geometric for a fellowship or scholarship when the Insurance Institute for Highway design. (6) highway administration other qualifications are indicated. Safety. and finance, and (7) city planning The Yale Traffic Bureau also of· and other sociological aspects of high. fers tuition scholarships to qualified way transportation. Experts in traf· municipal and State highway en· fic and related fields from all over the gineers who will receive financial aid country are invited to speak as guest From national statistics it has been from their employers while undertak. lecturers at frequent intervals. determined that the average value of _gthe graduate work. This arrange- The field of traffic engineering of- things taken by a shoplifter is $3.02. ~ ~~') 5) ~~. 19'f> / UNITED STATES DEPARTMENT OF JUSTICE POSTAGE AND FEES PAID FEDERAL BUREAU OF INVESTIGATION ,.EDERAL BUREA U OF INVESTIGATION WASHINGTON, D .C . 2015315 OFFICIAL BUSINESS

RETURN AFTER 15 DAYS

QUESTIONABLE PATTERN •

The questionable pattern above is classifled as a central pocket loop type of whorl with a meeting tracing. Because of the marginal recurve in front of the left delta, the pattern would be referenced to a loop with one ridge count.