JULY 1966

ENFORCEMENT BULLETIN

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

VOL. 35 NO.7

THE COVER-The Lib· erty Bell. See Mr. Hoovefs message on page 1.

LAW ENFORCEMENT BULLETIN CONTENTS

Message From Director J. Edgar Hoover . . 1

Profiles in Crime . . .. 2

A Matter of Mutual Respect, by Hon. Herbert G. Klein, Editor, San Diego Union, San Diego, Calif...... 6

Investigators' Aids . . 8

Alice in a Patrol Car, by Dwight]. Dalbey, Inspec• tor, Federal Bureau of Investigation 9

Nationwide Crimes cope ...... 11

Civilian Review Boards in Review, by Ralph G. Murdy, Managing Director, Criminal Justice Published by the Commission, Baltimore, Md. 14 FEDERAL BUREAU OF INVESTIGATION Wanted by the FBI...... 28 UNITED STATES DEPARTMENT OF JUSTICE Washington, D.C. 20535 INDEPENDENCE DAY is a glorious and mean· we love our country, why should we be ashamed ingful holiday. It commemorates the birth of a to say so? new Nation, conceived in liberty and dedicated In much of the world today, young people are to the belief that all men are created equal. It being indoctrinated with atheistic communism, commemorates the courageous stand of Ameri· a false dogma which imprisons the minds and can patriots for the principle that freedom under souls of men. Communists and their followers God is man's destiny. And it reminds us that are strong and dedicated. Their goal is to en· there is still virtue in recognizing and supporting slave the world. If young Americans, our future the ideals of our great heritage. leaders, are to resist and turn back this interna· In the past 190 years, patriotism has been a tional conspiracy, they must know what they sustaining power for America in her darkest stand for. They need to be well versed in and hours. It has been a dominant force in our Na· have full knowledge of our traditions of freedom. tion's survival and in the preservation of the They should be taught not only by words but also self·evident truths which were so dear to our by deeds. Their pride in our individual liberties Founding Fathers. However, some sophisticates and human rights, including the right to worship today think an open show of patriotic emotion God, must be fierce and unshakable. They must is old fashioned. Patriotic symbols and teach· be willing to defend these rights even unto death. ings are scorned and neglected. In a Nation Meantime, our rights and privileges cannot founded on an unfaltering faith in God and made endure unless each of us discharges the duties great by a rich reservoir of spiritual inheritance, and obligations that go with living in a free so· it is shocking to now hear that "God is dead" ciety. We are governed by laws which protect and that patriotism is unnecessary. Is this trend and secure the rights of all citizens. One of the vision seen by our forefathers who, "with a our major duties, individually and collectively, firm reliance on the protection of Divine Provi. is to respect and obey these laws. Those who dence," mutually pledged their lives, fortunes, obey only the laws they choose and violate the and sacred honor to the establishment of inde. pendence? I think not. ones they dislike are undermining the concepts of democracy. Respect for law and order goes Love of country is a matter of the heart. It hand in hand with love of country. is a deep appreciation of the unalienable rights The need of America in 1966 is for full·time of life, liberty, and the pursuit of happiness. It citizens-patriots all, who have pride in our is a sincere belief in our way of life and a deter· country and in its historic accomplishments. Let mination to preserve it. Patriotism also is an us profess our faith in the "living God." Let us open declaration of faith and confidence in our shed the cloak of timidity and stand as proud constitutional concepts and a heartfelt gratitude and true patriots, defenders of the priceless her· for the many blessings God has given to us. If itage forged by the men of '76. ' ~. ~~ JULY 1, 1966 JOHN WAR HOOVER, Director. Pr fil 8 in Crime

The FBI's "Ten Most Wanted Fugitives" Program• A Tribute to Cooperation

"Ten Most Wanted Fugitives" display at FBI Headquarters as of June 1, 1966.

2 FBI Law Enforcement Bulletin of these 215 former "Top Ten." Some "Top Tens," such as Joseph The FBI feels this program has Corbett, Jr., have gone to exhaustive greatly contributed to the solution of lengths in their flight before being one of law enforcement's most per• captured. Corbett, a California pris• plexing problems, that of the fast• on escapee, also sought for the kidnap• moving, far-ranging criminal fugitive. murder of Colorado industrialist Concentrated and continuous publici• Adolph Coors III, led Agents on a Question: What is 5 feet 9 ty has proved exceedingly important transcontinental manhunt which be• inches tall, weighs 164 pounds, is in eliminating sanctuaries for these gan in Chino, Calif., and proceeded 37 years old, and has a lengthy wanted criminals, and FBI Director through Denver, Colo., Atlantic City, criminal record sprinkled with 1. Edgar Hoover has frequently paid N.J., and Toronto and Winnipeg, dolenl'e? tribute to the demonstrated public Canada. It ended with his capture by service interest of responsible Ameri• Canadian police, accompanied by FBI Answer: The average FBI "Top can press media, such as newspapers, Agents, at Vancouver, British Colum· Ten" fugitive. magazines, radio, and television. bia, Canada, on October 29, 1960. Convicted in Colorado of murder, Qualifications Corbett has been sentenced to life imprisonment. The time-honored criteria for select• ing a candidate for the "Top Ten" list include, in addition to current serious End of the Road crime charges, a long history of vi• The numbered days of furtive free· cious and violent criminal behavior of dom have ended for more than two· HE ABOVE BIT of descriptive data such a degree that the fugitive is con• thirds of these fugitives with their ap• along with other interesting facts sidered an acute menace to society. T prehension by FBI Agents. About about some of the Nation's most All of the carefully selected proposed one-fifth have been arrested by local dangerous criminals is revealed in a additions to the list of "Ten Most authorities and several have been survey of the detailed records main• Wanted Fugitives" are given final per• taken into custody jointly by local tained during the first 16 years of the sonal approval by Director Hoover. officers and the FBI. Nine of the ap• FBI's world-renowned "Ten Most prehended "Top Ten" fugitives de• Wanted Fugitives" program_ Profile of the Hunted cided to surrender, one of them be• The Key Some intriguing statistics have been coming so harried from the relentless compiled by the FBI concerning the FBI search that he telephoned the This vigorous fugitive-catching criminals who have appeared on the FBI's Miami office from a gas station project, which began on March 14, "Top Ten" list during its first 16 and pleaded, "Come and get me, I'm 1950, with the cooperation of the years. In addition to the average tired of running from the FBI." American press, has proved a highly height, weight, and age previously valuable example of teamwork. It has mentioned, a composite "Top Ten" Little Room To Hide achieved dramatic success, enlisting fugitive at the time he was captured the cooperative efforts of the law• would have been on the list an average While "Top Ten" fugitives have abiding public in fighting the criminal of 137 days and be captured some 930 been located in almost all of the States parasites constantly striving to under• miles from the scene of the crime and the District of Columbia, the ap• mine national law and order. charged against him. His lengthy parent appeal of sunshine and balmy Indicative of the achievements of criminal record, which almost invari• breezes has been noted with interest, this program is the box score of "Top ably would have begun at an early age, since 27 "Top Tenners" were nabbed Ten" captures, which during the first would reflect progressively more seri• in California and 13 in Florida. The 16 years totaled 215. What is more, ous crimes. He would have served other two most productive States have everyday citizens, responding to an several prison terms and, almost with• been New York, where 19 were cap• invitation to help protect themselves out exception, have been the recipient tured, and Illinois, where 17 were through alert vigilance, have directly of some type of judicial leniency found. So far, there have been no aided in providing valuable informa• which he, in most cases, subsequently apprehensions of "Top Ten" fugitives . tion which helped in the location of 81 abused. in Alaska, Connecticut, Delaware,

July 1966 3 Leille Douglal Alhley, who performed In nlghklubl al a female Im,.,._• tor, wal caught In Atlanta, Ga., In 1965.

Iiale Aldy Beaulolell, an auto me• chanic, wal apprehended In Chicago, III., In 1953 dr....d al a waman. Hawaii, Maine, Mississippi, Montana, III., in 1953, dressed as a woman, com• or Rhode Island. And, although plete with high heels and handbag_ membership on the "Top Ten" has Daniel William O'Connor, sought in been exclusively male to date, it is 1953 and widely publicized as a thin, fully expected that a female criminal, youthful, clean-shaven fugitive, dis• who has strayed severely from the played a radically different appear• path of righteousness, will some day ance when caught in 1958. He was gain the recognition of being the first then 58 pounds heavier, had grown woman on the list. a heavy mustache, and had dyed his hair red. Leslie Douglas Ashley, a "Moving Pictures" mental hospital escapee allegedly in• volved in a brutal murder, was known Even though fingerprints remain to perform in nightclubs as a female the most practical positive means of impersonator and to wear both men's identification, the undoing of many and women's clothing. The search criminals has resulted from the for Ashley ended in April 1965, when presence of tattoos or other body Agents captured him in Atlanta, Ga., markings. "Top Tens" have carried where he was working in a traveling a variety of tattoos, with initials pre· carnival as "Bobo the Clown." Daniel William O'Connor pictured as h. dominating, closely followed by looked when placed on "Top Ten" list In 1953. names and nicknames of girlfriends Foiled Again and a variety of other designs, includ• ing the American flag, arrows, hearts, Disguise attempts by "Top Ten" daggers, anchors, skulls, horseshoes, fugitives have repeatedly been foiled mermaids, and eagles. Favorite through the science of fingerprint tattooed sayings on these individuals identification. "Top Ten" fugitive have included "Death before Dis• Lloyd Reed Russell, for one, was honor," "Remember Pearl Harbor," identified by a fingerprint examina• "Born to lose," "Betty Boop," "Good tion made by the sheriff's office in Luck," "Aloha," "In memory of Spokane, Wash., after he had been Mother," "Love to Dad," and "The slain in a gun battle by local police, South will rise again." following an aborted robbery. Jesse Some of the favorite pastimes of J ames Gilbert, a prison escapee sought "Top Ten" fugitives have been gam• for an Alhambra, Calif., bank rob• bling, drinking, frequenting race• bery and the murder of a police tracks and nightclubs, portrait paint• officer, was positively identified ing, canary raising, bowling, gun• through fingerprints when FBI Agents smithing, target shooting, horticulture, arrested him, despite heavy disguise, judo, weight lifting, roller skating, on a Philadelphia, Pa., street corner pool, dancing, sculpturing, flying, fish• in February 1964. In spite of O'Connor, 58 pounds heavier, when arrested ing, motorcycling, and opium smok• Gilbert's displeasure at being appre• in 1958. ing. Reading matter for these indi• hended, he did confer a favorable viduals has ranged from detective testimonial upon the arresting Agents after a stay of approximately 1 year murder mysteries, crossword puzzle when he told them, "You men are on the "Top Ten" list. Captured only books, and western fiction to the Bible. real gentlemen, and if I had to be after being shot in the leg by local picked up, I'm glad it was by the police while fleeing from a robbery Guess Who? FBI." site, Barnard, true to form, was heav• The growing use of disguise by ily disguised with actor's makeup, Extreme attempts at disguise have fugitives also was evident in the case golden-colored hair, and cotton stuffed been made. Isaie Aldy Beausoleil, a of Howard J. Barnard, a Houdini-like in his nose and mouth to distort his burly auto mechanic, is a case in escape expert who was apprehended features. point. He was caught in Chicago, in Sacramento, Calif., in April 1964, (Continued on page 19)

July 1966 5 A Matter of Mutual Respect

HON . HERBE'RT G. KLEIN Editor, San Diego Union, San Diego, Calif. Changes Noted brought about by television and new ew pressures are being placed on news camera equipment. the well· established relationships be· During the past 20 years, there tween the police and the press. have been changes in police science Creating Proper Image The strain can be dangerous to almost as startling as the concepts of How good the relationship is be- both. piercing outer space. Even atomic More thoughtful looks at the mu· energy is now used in some means of tween the police force and the press, in most cases, starts at the top of the tual press· police problems are needed detection. Police academies are in each community if each organiza· common. And many of the officers police organization. tion is to be able to continue to best are products of the growing police In studies in California we have serve its public. courses across the ration. The po- found some cities where rigid regula- To say this is a complex-problem liceman is a professional man. tions on relationships with the press is an understatement. The role of We recognize that, but occasionally have caused an open breach. The of- the press relating to the police has feel the police have not examined ficer who finds too many warnings almost as many facets as the dance parallel changes with newsmen. against talking to a reporter usually of Salome. There have been many changes will be reluctant to discuss the facts of In handling police stories, like among newsmen and in communica- the case because that is an easy way to everything else, the primary func- tions media during the same time. stay out of trouble. The most likely tion of the press is obvious­­to re- The old headline hunters who cared result is inaccurate reporting because port the news. In police stories more for the sensation than the facts of a lack of facts. Thus a bad image there usually is an emotional factor have pretty much dropped from the is created for both police and the for the reader. In reporting the indu try. Newsmen also are top pro- press. facts, the press sometimes finds itself fe ionals, using modern tools, and A newsman must earn the respect interpreted in the role of critic- they are acutely aware of their re- and trust of his news sources. But sometimes in the role of a friend. sponsibilities. once this is e tablished, the police Editorially, sometimes the role is that Still, in too many casea, the profes- force which does not recognize it of a judge, and other times that of a sional policemen fail to recognize the makes a mistake. defender. professional qualities of those who re- An excellent example of the value of The complexity of the situation ex- port on their daily activities. The policies of good relationships with the ceeds even the relationship between problem for the police is accentuated news media temming from the top newlyweds during their first year. by new emphasis on photography can be found in the Federal Bureau of

6 FBI Law Enforcement Bulletin Investigation. The policies in this reo Public Education as there is public support for freedom spect set by J. Edgar Hoover have of speech and freedom to report the made it easier for newsmen to work One of the ways to build a closer news. with Agents elsewhere. And one need relationship and understanding be• And a good police force will exist only look at the great public image of tween the policeman and the reporter only as long as it has the support and the FBI to see the results of full por• is to establish contact during the re• confidence of the public. trayal of the work of law enforcement. cruit trammg. The San Diego Un• These two reasons alone should ion, for example, has its senior police cause the press and the police to take Legal Interpretations reporter talk to the recruits during one a new look at their mutual problems. session of their training. Calm discussions can avert many of A major part of the pressures which From the police standpoint, it also the crises which are bound to develop would tend to divide press and lawen• is important that the relationship go as the pressures grow to impair what forcement today comes from interpre• beyond the police reporters and the we hold sacred-the public's right to tations by the legal profession. The police. It is advisable that two-way know. warnings against allowing reporters to contact on a general police level also examine police reports in many States, be established. Menace of the Road and the other warnings concerning Apathy is a growing problem for possible nullification of evidence by the enforcement profession. Law• The vacation season, when publicity, obviously need to be con• abiding persons in the l1nited States large numbers of motorists are sidered carefully by the law enforce• turn away from crime. They do not traveling on the Nation's high• ment agencies. want to become involved becau e they ways, is an especially opportune Looking back, there were many in• are afraid. They do not want expen• time to focus attention on the stances where cases were tried in the sive medical bills, lawsuits, loss of seriousne.~s of the hitchhiker press. And there were cases where pay, or even (as in the case of the menace. evidence was compromised through Harlem grocer who was forced out of To police agencies the practice premature release. business for helping a policeman) of hitchhiking means additional ostracism within their social group. problems for men already bur• Not Too Far Another of our joint news-police dened by overwhelming demands problems of public education is to im• made on their time, energies, and The problem is not to let the pendu• manpower. To the individual lum swing too far the other way. In prove the work and image of police• men in the face of the new permissive• citizens, whom law enforcement some cities police have limited them• is obliged to serve and protect, ness in our society. Part of the prob• selves almost to prisoner-of-war regu• the hitchhiker has become a seri• lem, we are aware, is the court deci• lations-name of suspect, rank, and ous threat, as evidenced by the siom that impede the effectiveness of serial number. increasing number of crimes police work. The San Diego patrol• Without the opportunity for full commiupd by these men of the man was hardly joking when he com• disclosure of facts surrounding an ar• road with their outstretched mented wryly that things have almost rest, the police run the danger of sub• thumbs. reached the stage where the first thing jecting themselves to false rumor and, In the interest of crime pre• he asks a traffic offender he has stop• eventually, the problems of brutality vention, law enforcement must ped is: "Shall I call your attorney?" charges, police review boards, and the assume the initiative in educating like. A police department doing a Problem Magnified citizens regarding the danger of good job has nothing to fear from co• the hitchhiker. To assist in this operation with the press, and it will Unfortunately, this is further mag• program, the FBI is making avail• nified by the growing cries that Amer• find that the new breed of newsman able to police agencies, other or• icans do not have to obey a law they ganizations, and individuals in• also understands the legal limitationa do not like. A regrettable plateau terested in this prol)lem a poster placed on law enforcement. was reached in this regard when a describing the hitchhiker as The police department which places prominent labor leader openly defied "Death in Disguise." Limited confidence in the responsible press a court order on ew York television. quantities may be obtained upon will find its work portrayed more dra• Cases against the union were later dis• request, free of charge, from Di• matically than the one which fails to missed. rector, FBI, Washington, D.C. trust reliable news reporters. A free pre s will exist only as long 20535.

July 1966 7 INVESTIGATORS' AIDS

Loaded for Business Police responding to a 1 a_m_ bur• mobile batteries located in a foot locker at appears to be code and a list of several drug• stores in the area_ glary alarm of a drugstore arrested a the rear of the truck. Two transistor receivers and a walkie• man who admitted owning a panel The suspect had been paroled 3 talkie radio set. months earlier from the State prison truck parked nearby, although it was An assortment of tools that included a after serving a term for burglary and registered under a fictitious name_ wrecking bar, tin shears, steel punches, and Examination of the truck revealed a hammer, chisel, and screwdriver set. grand larceny. He gave no explana• that it contained the following: A complete change of clothes. tion as to the use he expected to make A list of 25 police and sheriff's depart• A 4-foot telescope mounted on a tripod of the equipment in the truck, stating with a movie camera attached and concealed ments in the State and their radio broad• only that he bought it because he got behind a hinged plywood panel in the rear cast frequencies. a good buy on it. Fifteen envelopes containing an assort• door of the truck_ The man was charged with bur• A two-way radio attached to a wall of ment of drugs and narcotics. the truck which was powered by two auto• An address book with entries in what glary.

SCOFFLAWS PUNISHED NO FOWL PLAY HERE Thirty-five kidnaping convictions were recorded during the year. Life A new Oregon State statute allows sentences were given to six of these A hunter was staunch in his denial municipal and other traffic courts to kidnapers, and other sentences total• that the bloodstains on a cardboard punish "scoffiaws" (those persons ing 426 years were imposed. box in his possession were anyone's who ignore traffic summonses) by re• or anything else's but his_ But the voking their driver's licenses. U_S. Game Management, investigating This is the way the law operates: the illegal killing of several wild geese, When a traffic offender fails to ap• wanted to be certain the stains were IT'S AN ILL WIND pear in traffic court on the date set, not from blood of a fowl. The box or post bail, a "notice of hearing" is was sent to the FBI Laboratory. During the investigation of a recent sent by mail to his home address, Careful analysis of the bloodstained interstate transportation of stolen mo• setting a new date--usually about a box by a serology expert of the FBI tor vehicle complaint, FBI Agents week after the original court date. Laboratory determined that the blood learned of a novel method used by a If the offender does not appear as smears were of human origin and not truckdriver to foil a finance company. ordered, the court revokes his driver's from a goose. The repossessor located the encum• license and so notifies the State bered tractor and drove it to the com• Driver's License Division. The court pany lot, where he deflated the front must send the State 85 to cover ad• VIOLENT CRIMES tires to prevent its further use. Sev• ministrative costs, which is later eral hours later the driver found the charged to the o:ffender if and when Extortion and kidnaping are among unguarded tractor and, using the key he obtains reinstatement of his license. the most vicious crimes handled by still in his possession, started the mo• This is a serious penalty, for driv• the FBI. In the 1965 calendar year, tor. Then, by means of a hose at• ing without a valid driver's license FBI investigations led to 59 convic• tached to the appropriate valve, he in• carries a mandatory jail term and re• tions for extortion and the imposition flated the tires from the tractor's own fusal of renewal of the driver's license of more than 191 years in sentences. airbrake system and drove away. for 1 full year. bit into his burrow and discovered deep underground a topsy-turvy "We think it also important in this process of defining the world. Birds and animals talked to permissible bounds 01 searches and seizures to make clear what her like human beings, and although we believe to be correct police procedure, as we have not she always said and did what seemed hesitated to condemn it when wrong. The instant case is a part to her judgment to be quite right on of a swelling wave of federal bank robberies which has been earth, it was always the wrong thing engulfing the Country. The tools the police most need and de• down there. She was forever in serve to cope with this emergency are guideline decisions from trouble. Of course, it was only a the courts telling them what is right as well as what is wrong dream, as she happily discovered on with their procedure so that they may get on with their job intel• waking to find herself beside an older ligently." Federal District Judge Timhers, Second Circuit, in sister who had been reading a book. U.S. v. Thompson, 356 F. 2d 216 (1965). If Lewis Carroll were writing his classic story in America today, he would have no need for the fictional device of sending Alice down a rabbit hole in a cow pasture. He could ar• range for her to discover a topsy• turvy world much more simply by putting her into a police patrol car • making the rounds in one of our ma• Alice In a Patrol Car jor cities. Suppose we put Alice in the patrol car and see through her eyes what she finds. But first we must set the stage with some common police incident which combines the two factors typical of so many situations with which the police officer is confronted-first, a high degree of ambiguity of fact,' and second, an equally high degree of compulsion to act. 2 The facts of the case often are obscure and diffi• DWIGHT J. DALBEY *One hundred years ago an Eng• cult of ascertainment, but the law re• Inspector, Federal Bureau of lishman whose pen name was Lewi quires, and the public expects, that Investigation Carroll wrote one of the great classics the officer will act quickly, decisively, of literature, which came to be called and accurately in sorting them out. "Alice in Wonderland." It is a fanci• This is the world of the police officer ful tale of a small child in a summer on patrol. meadow who followed a talking rab• Setting the stage, it is 3 a.m. on a soft summer night in a modest resi• "This article is an address by Ill spector Dalbey be/ore the West Virgillia Trial Law· dential section of the city. A house• yers Association, Charlestoll, W. Va., April holder awakens from his leep with 1, 1966. Illustrated here are some 0/ the a vague premonition of danger and problems most frequently mentioned to FBI walks to the window looking out on represelltatives during recellt years bY' law his backyard. There in the half light en/orcemellt officers 0/ State, county, alld city jurisdictions. These problems are pre• of night he sees the figure of a man sented here not to criticize but simply to il• staring intently at his house. The lustrate, in graphic form, the condition 0/ man holds some dimly outlined ob• the criminal law under which so many offi• ject. It may be a weapon, but the cers mast work. It is a condition which has householder cannot know for sure. been described by one eminent Federal jur• ist as one 0/ "great con/usion." Moving quietly to an adj oining

July 1966 9 :ns .;04 O- G!l- - 2 room, the householder calls the police. collectively, could possibly shed the they found in the neighborhood an Two officers in a radio car answer the slightest ray of light on who this man automobile with a warm radiator, they call. Alice is with them. Now they is, why he is here, or what he will would have searched that, too, and are rounding the back corner of the do next; no one knows. They would taken the things of crime found house and coming through the gate to limit themselves to one single opin• therein. At the station house they confront the situation. Many an of• ion-that the police must do some• would have interrogated this man. If ficer has answered a call of this same thing. But this the officers already they found that he had committed a general nature in the past and many know. They are charged by the law crime, the man would most likely will do so in the future. Change the with a duty to act. So they must act have confessed and pleaded guilty. scene, if you wish, to anyone of a alone, without legal counsel until If he elected to stand trial, the ques• thousand different common police morning. This is a police officer's tion of the legality of the arrest may situations and the result is the same. world. not have been raised at all since it The officer still is confronted with his Moving closer now, the officers was not then a Federal constitutional constant problem-a high degree of identify themselves. They see that the issue, or would have been resolved ambiguity of fact and a high degree of man holds in his hand a short, stout against him, and the courts in ap• compulsion to act. stick. It is not a weapon, really, yet proximately half the States would "Who is this man," Alice wonders. a burglar or a murderer could put it "Is he a murderer, a burglar, an es• to his uses. He drops the stick to the "In protecting the rights of all caped convict, or only a diabetic wan• ground. Now the danger of physical citizens we must not be blind to dering aimlessly in shock for lack of attack is past, unless he carries a gun, the problems which confront insulin?" Perhaps he is none of or a knife, or prefers to use his fists. law enforcement agents." Judge these-nothing more than an irate The officers do what they can. One Ainsworth, U.S. District Court, neighbor intending to wreak venge• asks the man who he is and what he is Eastern District of Louisiana, in ance upon a tomcat that has been doing here. Now we can stage the U.S. v. Bailey, 247 F. Supp. 883 keeping him awake half the night. scene in two different ways, either of (1965). And whoever he is, what will he do? which conforms to reality. Perhaps Will he shoot? Will he slash at the the man stands mute; some do. Or he officers with a knife? Will he run? gives an answer which only deepens have allowed into evidence again t Or will he merely beg their pardon for the ambiguity of the circumstances. him the things of crime found in his having done something foolish? Police officers often receive answers automobile without questioning the Alice does not know it, but these that are ambiguous and unresponsive legality of the search. 4 And, of same questions are running through to their questions. 3 course, if the officers found the man the minds of the officers. They have Alice is puzzled by the failure of the to be sick, they would have taken him met these types and these reactions be• officers to arrest immediately, and so to a doctor or a hospital. If he had fore, and some of them bear the scars is the family watching from the done no more than chase a lovesick of knives, bullets, and broken bottles window upstairs. Anyone who has tomcat, they would have chided him to prove it. And the officers know read a detective story or seen crimes for his indiscretion and sent him something else-a fact that Alice in olved on television knows what to home- in the patrol car. But, as 1 '1 her childlike innocence may not quite do-arrest him on the spot and take said, this is 1966. The rules have I grasp. They know that they are alone him to the station. But Alice has for• changed, but Alice and many others and must find all the immediate an• gotten something, and so have the do not know it. wer for themselves. They know that sheltered ob erver upstairs. This is How have the rules changed? In if Alice might rub Aladdin' lamp and 1966, not 1960. 1964 the Supreme Court of the nited direct that mythical character to in• [n 1960 the officer, on receiving States said that from this time for• ' tantly summon into emergency e• an ambiguous reply, or no response ward no officer in the land lawfully sion the Supreme Court of the United at all, would have placed the man may arre t anyone, at any time or tates, surrounded by the most emi• under arrest. Then, earching him place, unless there is at the moment nent scholar of the law, the pro ecu• immediately, they would have taken of arrest a sufficient quantity and tors, and the defense lawyers-all the gun or knife with which he might quality of information to show prob• tho e who may speak learnedly of this have attacked them, and any instru• able cau e for belief of guilt as de• case after months or years of delibera• mentality, fruit, or contraband of fined under the fourth amendment to tion- none of them, either singly or crime found in hi po e sion. Had the Con titution of the United States.

10 FBI Law Enforcement Bulletin .' Of course, the officer still makes the arrest according to the law of his State, as he used to do, but if the NATIONWIDE arrested man thinks the State law is out of kilter with the Federal Consti· CRIMESCOPE tution, he now can take his case all the way to the Supreme CourL If that High Court finds that the arrest did not meet the standards of the STOLEN MERCURY SAFE INQUIRY fourth amendment because there was A topnotch pair of safecrackers Thieves have found a new source of not enough information to make an took an unusual means for gathering easy money by selling stolen mercury. arrest, then the arrest simply was il· advanced information on the type of According to police in the Southwest, legal, regardless of what the State law safes they might encounter. Visiting 5 unguarded gas meters at wellheads in and State court said. the showroom of a well· known safe natural gasfields in the four·corners In 1961 the Supreme Court said company, they would pose as business· area covering Colorado, Arizona, New that from now on every officer in the men interested in the purchase of a Mexico, and Utah are a rich source of land who makes a search and seizure safe for their company. In this way mercury for the thieves. must do it in a manner that is reason· they were given the opportunity to They draw the mercury out of gas· able under its interpretation of the examine numerous safes on the dis• meters attached to the wells, each fourth amendment to the Federal Con· play room floor and in a backroom meter yielding from 7 to 10 pounds. stitution.S If the officer fails to make storage area as welL Some of the thieves reportedly have his search in a manner approved by By asking many questions during welded metal tub i n g around the the Federal courts, none of the things the sales talk, the thieves obtained de· frames of their cars in which they con· of crime which he finds can be used as tailed descriptions and explanation of ceal the stolen mercury. Others use evidence against this man in any the mechanisms of the various safes. any type of available container to court, either State or FederaL In They meticulously noted which type transport the mercury from the gas· 1961 the Supreme Court held that if had two timelocks, two locking bars, fields to black·marketeers who are ape an officer violates a Federal constitu· etc.-invaluable information for any parently doing a brisk business as a tional right, such as the right to be master burglar. free from unreasonable searches, or result of continued increases in the arrest without probable cause, the price of mercury. person whose right has been violated One of the principal victims of the HOAX may bring the officer into Federal thefts has been a large natural gas Court and sue him personally for company which operates over 5,000 Answering his phone, a prominent damages.7 In 1963 the Supreme gas wells in this area and has reo east coast jeweler was requested to Court said that if any person is portedly lost thousands of dollars take several sets of wedding rings to a brought into court charged with a worth of mercury during the past local hospitaL The caller, claiming felony, he automatically has a Fed· few months. to be a priest, stated that a prominent eral constitutional right to a lawyer couple wished to view the bands s for his defense. A lawyer, studying MAGNETIC MEANS valued between $850 and $1,500. The the case at his leisure, has a good woman was a patient at the hospitaL chance of finding some fatal flaw in Bookies in a western State are uti· Following instructions, the jeweler the legality of the action taken by the lizing a rather common system of con· met the bogus priest in the doctor's officers here tonight under the pres· cealment for their bookmaking rec· library of the hospitaL He was then sure of danger and their duty to act ords. They stuff their betting slips taken to the hospital cafeteria for a swiftly and decisively. The lawyer, into a magnetic container similar to cup of coffee for a 15· minute wait like the judges, has been trained in the magnetic "keytainer" used to con· while the priest took the rings to the the constitutional law of arrest and ceal the ignition key of an automobile. woman's room for selection. search, but the officers have not. And The magnet is then placed on the bot· An hour later the impatient jeweler he has the luxury of time to think and tom of any available piece of metal inquired about the priest, only to learn study before acting. furniture or toilet fixture on the premo he had left the hospital taking the (Continued on page 12) ises. rings with him.

July 1966 CHINESE FINGER detail. These they placed in the (Continued from page 11) window­after pulling the real safes The officers know the law has A burglary device known as a to the rear of the store away from changed. They are now more cau· "Chinese Finger" was seized by the public view_ tious. That is why they do not yet police in an eastern city from three Then, working without interrup- arrest, here in 1966.9 individuals who were charged with tion, the burglars succeeded in looting The officers tell Alice why they are possession of burglary tools, con- the safes of several thousand dollars. cautious. They explain that for the spiracy, and bringing stolen property The cardboard replicas were so law, as well as for their own safety, into the State_ well made that from outside the store this is the most critical moment of the The Chinese Finger dial­pulling they could hardly be detected from case. As to the law, still another de- mechanism includes four different the real thing. cision of the Supreme Court in 1963 grips of varying sizes adaptable to the held that if the arrest is illegal because individual size of the safes encoun- there is not sufficient probable caus!: tered in burglary forays_ LETHAL SQUEEZE for belief of guilt, all evidence ob- The burglary tool was described as tained directly from the illegal arrest A weapon known as Le Protector one of the most elaborate seen by this is equally unlawful. The search of Systeme Eturbiaux was confiscated police department_ the man made incidental to the illegal from an individual arrested by an offi- arrest is unreasonable and the evi- cer of the San Diego, Calif., police department_ dence of crime found on his person cannot be used in court. Moreover, The weapon is a .22 caliber seven· shot revolver and can be fired merely any confession or admission of guilt which he makes as a direct result of by squeezing when held in the hand. the illegal arrest must also be excluded It was contained in what appeared to from evidence.1o The result is that be a coin purse when removed from the owner's possession. these officers must arrest on probable ,. '_. cause or not arrest at all. And for the sake of their safety, this decision must

Chlne.e Finger burglary device. be made quickly. The longer they delay in arresting the man and search- ing him, if they have the power to take this action, the greater his opportunity to attack them with a gun, a knife, or WHEN ARTISTRY PAID any other weapon in his possession. OFF Alice ponders over this explanation for just a moment and then exclaims, Investigation of the burglary of a "What a topsy­turvy world! They tell SquHze.type weapon and "hol.ter." large supermarket in a southern city you that you must make decisions on disclosed an artistic method used by the constitutional law of arrest and i the. perpetrators to conceal their CLEANED UP search, and make them fast, and make movements. them right, and make them when may- I As a safety precaution, the mar- A ring of jewel thieves was recently be everyone is a little bit scared, and ket's management had placed two uncovered in San Francisco when the lawyers and the judges will study large safes in plain view in a well- police discovered a case of jewels them and argue over them, maybe for lighted front window, with the hope valued at $72,000 hidden in a small years and years, and then if they dis- ' of avoiding any attempts at tamper- vacuum cleaner. When opened, the agree with what you did, they will teU ing, since such attempts would likely cleaner rev e a led sparkling gems you that you made a mistake here in be noticed by police as well as by the wrapped in a tattered sock. the backyard facing a stranger in the passing public. Another of the thieves had hidden dead of night. Your job looks as hard Burglars, however, taking all things his share by swallowing $50,000 worth to me as theirs. You must make de- into consideration, devised two exact of the precious stones. These were cisions of constitutional law, as they replicas of the safes in cardboard, later recovered by technicians at a do, but under conditions much more faithfully reproducing each minute nearby hospital. difficult and dangerous. Why doesn't

FBI Law Enforcement Bulletin someone at least teach you the law like They seem more likely to be murdered, tect them right here and now?" they do the lawyers and the judges?" robbed at gunpoint, and all that "I suppose I can," the officer replied, "That," the officer replied, "is a than- well, than anyone else_ The "but you see I have been so busy hard question to answer. I suspect reason, perhaps, is that economic cir• lately with the defendant's rights un• that the reason is that those who con• cumstances force so many of them to der the fourth amendment, and the trol such things are still 6 years behind live and work in the high-crime areas_ fifth, and the sixth, and .•.. _" the Supreme Court. They have not I wonder if they aren't the principal "Yes," Alice said "yes, I know." caught up to the fact that as a result victims of the increase in crime that Then Alice remembers something of judicial decisions handed down Director Hoover of the FBI has else-something she read in the news• during recent years, every law en• pointed out in figures so clear that papers recently. It was about two forcement officer has become, in effect, anyone can see except for those who officers who arrested two men in an a constitutional lawyer on the fourth are blind because they do not wish to alley in a large city, after a citizen amendment, the fifth amendment, and see_ And since there are so many of had complained of those two men, and the sixth amendment--on those parts them, surely there must be, as Abe the officers were viciously attacked of the Federal Constitution which Lincoln suggested, somebody who with a broken bottle which one of the cover the legality of arrests, searches, loves them_ Doesn't that Constitution men held in his hand. One of the officers spent a long time in a hospital and came out with many disfiguring "Because many situations which confront officers in the course scars. And the judge, hearing the of executing their duties are more or less ambiguous, room must case later on, studied the matter and be allowed for some mistakes on their part. But the mistakes reached the conclusion that the men must be those of reasonable men, acting on facts leading sensibly who attacked the officers were right, to their conclusions of probability." Mr. Justice Rutledge, the and the officers were wrong, because Supreme Court of the United States, speaking for the majority the officers did not have enough infor• in Brinegar v. U.S., 338 U.S. 160 (1949). mation of guilt to make a lawful arrestY So Alice wondered aloud, "Is that why these officers are hesi• and confessions. I say he is a con• of ours say anything about the rights tating? Is that why they are not quite stitutionallawyer T'ecause he is forced of these people?" sure of what to do next? Does the to make decisions on questions of con• "Of course it does," the officer re• law really give this man a right to stitutional law which may go as high plied. "Don't be foolish. Constitu• physically attack these officers?" as the Supreme Court of the United tional rights apply equally to every• Now one officer tells Alice the rest States for ultimate decision_ In my one. If one of those people upstairs of the story. The scholars went back view, that makes him a constitutional ever is charged with murder, he will to their lawbooks and read them slow• lawyer whether he wants the job or have a right to a lawyer and a right to ly and carefully, and some of them not. 0 matter whether he is trained say nothing to the police and a said the judge was right on the letter in the law or untrained, the law holds right ...." of the lawY In all but a handful of him responsible for a knowledge of "Just 1 minute, please," Alice inter• the States of this Nation,13 a person I constitutional law in certain areas and rupted rather sharply. "Do you iIIegally arrested has a right to phys• that is the controlling and undeniable ically resist the arrest," even when I realIy need the glare of a morning sun fact." to see the terror in that woman's eyes the officer's decision to arrest must be But the family upstairs is impatient, as she holds her child in her arms? made swiftly, under circumstances of even after the officer has explained Don't you see her husband's arm danger to life and limb, and under these things. "Hang the law," they around her to quiet her fears? Per• facts so close that no one may know shout, "arrest him and get him out of haps I am being foolish, but if you that the arrest was illegal until years here. Don't we have a constitutional will pardon a personal view, I think later when the Supreme Court of the right to be protected?" those rights which you just rattled off United States so holds by a narrow "You know," Alice said, "I think the tip of your tongue are not pre• majority of 5 to 4. I they have a point. From reading the cisely what these people mean when "Why does the law say that?" Alice papers, I get the impression that plain they ask whether they have any rights. asks. So one of the officers explains. people like these bear too great a share Can't you find just one single consti• The right to resist illegal arrest came of an always unequal burden of crime. tutional right that you can use to pro• (Continued on page 22)

July 1966 13 Civilian

Review Boards

In•

RALPH G. MURDY Managing Director, Criminal Justice Commission, Review Baltimore, Md.

FBI Law Enforcement Bulletin we decline to admit their existence. What then is the lesson to be learned from this campaign to establish ex- ternal controls over police manage- ment? To answer this, we need to review the entire area of citizen com- plaints against police personnel and the various means used to resolve them. Let us start with the inde- pendent board idea.

Defining Terms

The characteristics of a typical in- dependent board to review those po- lice actions which involve the personal liberties of citizens are these: 1. The board is an officially established arm of government. 2. Members hold no office or position in government other than board member- ship. 3. The board receives civil rights grievances of civilians against police officers. 4. Such grievances are investigated for the board and, if ordered, formal hearings are held by the board. S. The board makes a determination of the truth of the allegations and recom- mends appropriate action to the p<>lice executive. Thus the boards which are usually advocated by civil libertarians and Conrte"y Cbamber of Commerce, Baltlmore. Md. civil rights organizations must be ci- Aerial view of Baltimore, Md. vilian in makeup, independent of any other arm of government­particu- larly of law enforcement­but, never- "TAKE THE SELF-POLICING func- Minneapolis, Minn.; Rochester, N.Y.; theless, officially constituted. They tion away from the police and and Washington, D.C. With the ex- normally focus on grievances involv- put it in an independent board with ception of the Nation's Capital, ven- ing discourtesy, abuse, or excessive the authority to investigate and tures in all these cities have been force. The latter complaints are re- mediate complaints." either temporarily or permanently ferred to as instances of "brutality," This is the clamor of some organi- stopped through court action taken regardless of the amount of force used, zations and groups which claim os- by police groups or their supporters. although the very circumstances of tensibly to support justice and law In the same period efforts to create many complaints show this to be in- and order but whose actions often such boards in a number of other appropriate. undermine both. cities have been untiring but unsuc· Another definition which has been The first "victory" for independ- cessful. stretched and bent is the term "advis- ent board adherents came on October To brush aside all of this activity ory" in the title of such boards. 1, 1958, when the present Philadel- without carefully examining the na- While such boards do make an advis- phia, Pa., Police Advisory Board was ture of the controversy would cer- ory recommendation to the police ex- created as a police review board_ tainly be foolhardy. Unpleasant ecutive, the procedure by which they Since that time similarly oriented situations have a nasty habit of re- sit as a tribunal which summons and boards have been set up in York, Pa.; fusing to disappear merely because swears witnesses goes well beyond the

July 1966 15 usual nature of governmental advis- A civilian review board cannot fill the junction to restrain the Philadelphia ory boards_ The pattern was very void of a grand jury which fails to in- Police Advisory Board, issued a pre- likely set because the Philadelphia dict nor a police executive who is un- liminary injunction. The Fraternal board could only be advisory under willing to discipline his men. Order of Police attorney presented the terms of the Philadelphia Home The aggressive and conscientious these arguments in behalf of the plain- Rule Charter. As the first such board exercise of discipline by police offi- tiffs and all Philadelphia policemen: created in the United States, its title cials is the most effective means of 1. The actions of the board deleteriously probably created a precedent. curbing police misconduct. Thus affect their morale as law enforcement the U.S. Commission on Civil Rights officers; Experience With Boards has observed, "Perhaps the single 2. The very existence of the board is used as a threat hy law violators when they, most potent weapon against unlawful Both Rochester and Philadelphia, and other officers, are in the act of mak- police activity is a police commander i ng an arrest; which had the only functioning civil- who will not tolerate it." And 3. They have been, and in the future will ian review boards in the explosive J. Edgar Hoover has frequently noted be, deprived of many hours of their own summer of 1964, were among those that a police executive "must have full time: 4. They have had, and in the future may cities which underwent rioting and responsibility for the performance, looting. In the ranks of cities with- have, their constitutional rights violated discipline, and control of his by being deprived of their rights to due out review boards, New York City had officers. " process of law and to be free and un· riots in Harlem and Brooklyn that Perhaps it would be well to state hampered in the proper performance of same summer, and Los Angele had a at this point that there are adequate their sworn duties, as well as their con- stitutional right to earn a living; more serious outbreak last year. It means to handle complaints against would seem then that the existence or 5. They are unduly exposed by the board law officers within the administrative to harassment and embarrassment; and nonexistence of civilian review board framework of constituted government 6. They have been, and in the future will has been completely irrelevant to the without resorting to external boards. be, forced to reveal evidence obtained issue of preventing outbreaks of mob Further, complaints of brutality and by them in their sworn duties as police' men, prior to the trials of the defend- violence. This is a most important other civil rights violations covered ents arrested by them. point and one that has all but been by Federal statutes, when reported to obscured by sloganeering. The cities the FBI, receive immediate and thor- Of particular note in the Fraternal mentioned, and perhaps some still to ough investigative attention. The Order of Police complaint in equity come, have felt the explosive violence facts developed by the FBI are fur- is the estimate that police investiga- of riots which no one expedient could nished to the Department of Justice tions performed for the Philadelphia hope to contain. But this is not the for pro ecutive consideration. Advisory Board and the subsequent only crisis in which civilian review hearings had consumed an average of board are impotent. Legal Action 10 hours or more of police time in Even if some officials charged with each case heard. Considering all enforcing the law hould clearly refuse As of January 1966 both the Phil- cases heard, as well as police investi- to control their subordinates, and even adelphia and Rochester Advisory gations made in ca es which did not join lawbreakers in trampling basic Boards were prevented from func- end in hearings, the Fraternal Order civil rights and life itself, a civilian tioning by court action. This seems of Police estimates police time in ex- review board would be inadequate and to leave the board which was e tab- cess of 10,000 hours was spent since absurd. If, by some stretch of the lished in Washington, D.C., in Au- October 1, 1958, in Philadelphia. imagination, one were able to convene gust 1965 as the only active civilian In December 1965 Judge Jacob Ark a dedicated group of civilians in such board as of thi writing. However, of the upreme Court of the State of a town to replace the top executive in in February 1966 Mayor John V. New York, County of Monroe, ruled reviewing report of civil rights vio- Lindsay of ew York City an- that the functions of the Rochester lation by his force, such a police re- nounced his intention to add a ma- Police Advisory Board were inter- view board would still fail. Civiliana jority of civilians to an existing board twined with the operation of the police as a group have neither the experti e in that city. bureau "in violation of the rights of a in police operations nor do community In eptember 1965 Judge Eugene police officer against whom a com- leaders generally have the time to Alessandroni of Philadelphia, after plaint was filed." While ruling that function on a continuing basis in de- studying arguments of the Fraternal the board could continue to serve as a termining justice for all concerned. Order of Police in reque ting an in• means of registering complaints but

16 FBI Law Enforcement Bulletin 2. Supervised Local Unit Investigation. The accused officer's unit commander is re• sponsible for the initial investigation and forwards it to a special supervisor who re• views it for completeness and objectivity. The supervisor can require additional in• vestigation. When he is satisfied, he for• wards it with his recommendation to a higher police authority. 3. Supervised Local Unit Investigations Supplemented by Independent Investigation. An internal affairs division not only reviews the precinct investigation but also has au• thority to conduct its own investigation whenever necessary. This division is di• rectly responsible to the chief and must receive all complaints. It generally refers a majority of complaints received to the pre• cincts for the initial investigation. When the precinct has completed its in• vestigation, the report, together with the recommendation of the accused officer's commander, is forwarded to the internal af• fairs division. If the division is not satis• fied, it can order further investigation or it Courtesy Baltimore, !lId., Association of Commerce. can investigate with its own personnel. City Hall, Baltimore, Md. Moreover, as an additional deterrent to im• proper investigation at the lower level, the allowing regular police procedures full Departmental Review internal affairs division re-investigates a opportunity to satisfy complainants, suitable number of cases at random. Since the alternative to civilian re• Judge Ark found the board had no 4. Investigation Exclusively by an Inde• view of complaints is departmental re• legal authority to investigate and rec• pendent Unit. A few departments rely ex• view, a procedure which still takes clusively upon an independent unit to in• ommend action. At the same time the precedence in most areas of the United vestigate complaints against officers. court declared that existing depart• States, a good look at this practice is mental rules and regulations for disci• in order. It should be noted when Complaint Evaluation Board plinary proceedings were "very mea• comparing methods of civilian and de• ger_" partmental reviews of complaints Not to be confused with a civilian review board is an alternative now Memorandum Decision against police officers that depart• mental procedures normally handle al• being tried in Baltimore. This city, oteworthy in this memorandum legations of every nature while civil• like many urban areas with mixed decision is Judge Ark's conclusion ian review boards normally restrict racial and ethnic groups, has experi• that the Municipal Code of Rochester themselves to the areas of civil rights. enced increasing tension and unrest charges the Commissioner of Public As a rule, police departments accept in police-community relations in re• Safety with the responsibility of disci• complaints by mail, telephone, or in cent years. There appeared to be a plining police officers. 1£ the board's person at the precinct level or head• pressing need for better understand• purpose, as claimed, were to assist the quarters, and most will consider anon• ing and greater appreciation of the commissioner in this duty, the court ymous complaints. Nearly all de• common problems involved. wondered how the commissioner was partments require an investigation of There is no more important func• assisted "by arming the board with complaints and require that a record tion in police administration today the threat of public confrontation with be kept. than to insure that our law enforce• the city administration" when the The various types of departmental ment agencies have citizen coopera• board is dissatisfied. Judge Ark investigations for our purposes here tion. Overworked and understaffed, adds significantly, in speaking of the could be divided into four groups: police cannot hope to beat the forces board as an official body, "Its public of crime unless they have the active criticism of a police officer bears the 1. Local Unit Investigation. The ac• cused officer's unit commander is re ponsi• assistance of every decent citizen. imprimatur of the city of Rochester, ble for the investigation and reports his In order to freely give this assistance, N.Y." findings to headquarters. the public needs to know that police

July 1966 17 officers are not above the law and sponsibility is to insure that the police 2. The preferred measure to a civil• that any report that one officer thinks commissioner exercises his discipli• ian review board is an effective de• he is will be thoroughly and impar• nary responsibilities. It is not in• partmental review procedure which tially investigated. Many commu• tended to usurp those responsibilities maintains discipline and serves the en• nity leaders and city officials felt that by holding hearings or conducting tire community. an established written procedure for investigations. 3. Any police review procedure, the impartial investigation and review Under procedures approved in No• whether civilian or departmental, has of citizen complaints would be a most vember 1965, complaints are received to strike a balance between protection important factor in resolving differ• at the Legal Aid Bureau or any police of basic civil rights and the hamstring• ences. In this connection the Crim• station. Each has a registration ing which could result from false, inal Justice Commission in Balti• number to insure control. Copies of biased, or exaggerated charges. more had campaigned since 1963 for the complaint go to the chief inspec• 4. Our problems of crime control a workable alternative to a civilian tor of police and to each board mem• are so complex that society has long review board. Within the last 6 ber, as do copies of the completed since considered it necessary to dele• months, the Complaint Evaluation police report of investigation. The gate this function to the ·apecialized Board has come to offer hope Lhat board can either accept the chief in• profession of law enforcement. This such an alternative is possible. spector's recommendation or suggest mandate carries with it the responsi• The Complaint Evaluation Board some other action, including an in• bility for the police to function within was first proposed on October 9,1964, dependent investigation by the State certain constitutional limits. This re• by the attorney general of Mary• police. Any board member can call sponsibility given to the management land as a solution to the criticism of a conference to discuss a report, and of police departments includes the re• the way in which complaints alleging a final recommendation by the board quirement of internal discipline. The discourtesy, abuse, or excessive force requires a majority vote. A ma• power of discipline cannot be divided were handled by police. He recom• jority is also required for making any nor turned back to 'Society without mended the voluntary establishment report public. weakening the authority of the police through agreement of a Complaint It is too early to assess the value of executive. Evaluation Board. Those partici• the Complaint Evaluation Board in 5. Recruiting and promotion based pating are all individuals charged in Baltimore as an alternative to a civil• on merit, effective training and re• some capacity with advising, investi• ian review board. Rules are still be• training, and adequate internal disci• gating, or prosecuting such com• ing refined and added as the machin• plinary procedures will protect civil plaints. There are no civilians on ery is put into operation for the first liberties better than any civilian re• view board ever devised. the board, ince all the members are time. The entire community stands regularly employed or elected officials to benefit from a successful perform• of government. Yet, with the excep• ance, and it could be the answer to tion of one police captain who repre• better police-community relations and sents the police commissioner, the the end of the move for citizen con• LUGGAGE LARCENY members of the board are not mem• trol over police administration. bers of the police department. The The assi tant manager of a large officials comprising the board are the bus company in the East gave the State Attorney General, the local Conclusions following report on the method used by some baggage thieves: prosecutor, the city solicitor, a repre• 1. The concept of a civilian review entative of the police commi sioner The thief usually elects a woman board is an expedient which unavoid• and the executive secretaries of the traveler waiting for a bus with several ably implies a failure of police officials State and city interracial com• pieces of luggage. When the bus ar• to properly discipline their subordi• mis ion. rives, he offers to help carry her nates. Like martial law, it is an ad• The operation of the Complaint luggage from the terminal to the bus. Evaluation Board was designed by a mission that constituted authorities He then picks up her luggage- along biracial committee to assure the cannot insure the safety of citizens in with several other pieces that happen public that charges again t police are the community and extraordinary to be nearby-and take them to the thoroughly investigated and that means must be used until the regular bus. After placing the woman's bags charges are brought when they governing authority can work unas• on the bus, he continues on his way should be brought. Its single re• isted. with the stolen pieces of luggage.

18 FBI La w En forcement Bu ll etin TEN MOST WANTED unconscious in a New Haven, Conn., FBI. His capture by FBI Agents (Continued from page 5) hotel room where he had registered, occurred on that unlucky day in characteristically, under an alias. October 1961, in St. Paul, Minn., Several confirmed criminals have The "Who's Who" of "Top Tens" appeared on this list more than once, little more than an hour after a visitor runs the gamut of names, including including Edwin Sanford Garrison, touring FBI headquarters in Wash• such colorful ones as White, Green, Ernest Tait, Nick George Montos, and ington, D.C., recognized his photo• Black, and Brown. Other names have graph on a display of the "Ten Most Quay Cleon Kilburn. At least 21 included Pierce, Sharp, and Payne, as Wanted Fugitives" and noted the former members of the "Top Ten" are well as Carpenter, Butler, and Taylor. known to be dead, several slain in· gun similarity to a former neighbor using Also appearing on the "Top Ten" have a different name in St. Paul. Morse, battles with law enforcement officers been a King, a Pope, and a Bishop, charged with fleeing California to while resisting arrest or escaping jail plus a Singer, Viola, and Byrd. There avoid prosecution for attempting to and several executed for their crimes. have been a Lawson and a Davenport The search for one "Top Ten" fugi. murder his estranged wife, subse• and a Hudson and a Buick. Hunt, tive, John Gibson Dillon, commonly quently confessed several brutal un• Fields, and Maps have made the list known as "Matt" Dillon, ended in solved murders in various cities also, in addition to Rush, Downs, Hill, March 1964, when his badly decom• throughout the country, a confession and Puff. Smith, of course, has been posed body was found by FBI Agents for one of which led to his imprison• represented but, surprisingly, a Jones ment for life. at the bottom of a water-filled well on has yet to appear on the list. a remote Oklahoma farm, the sus· Representative of the vicious and dangerous nature of additions to the pected victim of a gangland execution. Clues "Top Ten" list was Watson Young, Jr., a mental hospital escapee and Royalty Too The essential role of the public in alleged rapist and double murderer. Some "Top Ten" fugitives over the helping locate the "Ten Most Wanted Highlighted in his fugitive publicity, years have been undeniably colorful Fugitives" has been greatly aided by along with his unpredictable and ir• characters, along with their criminal issuance of publicity about personal rational behavior, was his deep in• proclivities, as typified by inveterate peculiarities which might make them terest in funeral homes. True to bank robber George Zavada, who stand out from the general public. form, Young was arrested by Salina, called himself "The King" and re• For example, Philip Alfred La Norm• Kans., police in February 1962, one portedly displayed regal monograms andin, publicized as a trigger-happy, week after his addition to the list, on his car door, wallet, and under• three-fingered trumpet player, was ar• following a wild, highspeed, night• shorts. His obsession, it was said, rested by Agents in Jersey City, N.J., time chase through Salina streets. He was to rob banks, and he additionally within hours of his addition to the was at the wheel of a stolen funeral was rumored to be anxious to kill any "Top Ten" list in April 1961. An home ambulance, complete with flash• FBI Agents trying to arrest him. alert reader of a Hackensack, N.J., ing red light and blaring siren. When he was traced to San Jose, newspaper recalled seeing an individ• Found in his pockets, along with two Calif., therefore, in June 1964, a ual with the described peculiarities a knives, was a copy of his FBI wanted month after becoming a "Top Ten" short time before and expedited the notice. fugitive, Agents were prepared for any prompt arrest of the fugitive by im• eventuality. When they called upon mediately notifying the FBI. Arrest• Manh u n t Zavada to surrender, the trigger-happy ing Agents found two significant items in the wanted man's room, a fully fugitive responded by pulling a con• One of the FBI's greatest manhunts loaded revolver and a trumpet. cealed gun and starting to shoot at the in recent years ended in Tovember The location by the FBI of Stanley arresting agents. His shots mis ed, 1962, with the arrest by FBI Agents William Fitzgerald in September 1960 but the Agents' return fire was more of confessed multiple-bank robbers at Portland, Oreg., was greatly ex• accurate and Zavada fell wounded in Albert Frederick Nussbaum and pedited as a result of his well-publi• the chest, arm, and hand. Bobby Randell Wilcoxson, who in• One of the more fantastic criminals cized reputation as a barroom bal• cluded the cold-blooded murder of to appear on the "Top Ten" list, Fred• ladier of sentimental Irish lullabies. a bank guard in one of their well• erick Emerson Peters, a master im• Hugh Bion Morse is a former mem• planned holdups. Following inten• personator with well over a hundred ber of the "Top Ten" list with reason sive investigative effort, widespread aliases, died shortly after being found to rue both Friday the 13th and the publicity furnished by helpful news

Ju ly 1966 19 1963, when FBI Agents seized him near Miami, Fla., as he attempted to enter his sparkling new luxurious automobile parked outside his apart- ment. Charged with taking over $100,000 in a Perth Amboy, NJ., bank robbery, and also with being an es- capee from the Maryland State Peni- tentiary, Rush reportedly enjoyed a high­living, fast­spending, cross­coun- try honeymoon until his capture. Ar- resting Agents found $5,554 on their quarry and prevented Rush from reaching two loaded revolvers hidden in his car, which also contained 129 rounds of ammunition. Also found in his plush, air­conditioned, red- Albert F. Nussbaum's photograph while he Nussbaum when arrested by FBI Agents In upholstered sedan was a collection of Buffalo, N.Y. was sought as a fugitive. photographs taken in night spots around the country. The surprised fugitive commented to arresting Agents, "I knew the FBI would find me, but 1 didn't think you guys would do it so soon." Convicted of bank robbery, Rush received a 29­year sentence.

Songbird

Slayer of a Maryland police officer, Thomas Asbury Radder, an accom- plished e cape artist, found his flight from the FBI ended on the night of January 13, 1964, when Agents seized him as he watched a "sing along" at a Salvation Army Center in Oklahoma City, Okla. Although he protested Bobby R. Wilcoxson pictured as a "Top Ten" Wilcoxson, when arrested, had donned fugitive. glasses and shaved front of head. his innocence and utilized an alias, fingerprints established his identity media, and the intelligent cooperation from a Baltimore, Md., hideout. FBI as the wanted man. of interested relative, Jus baum \\ a gents gave Wilcoxson no opportu- seized in the early morning of o· nity to use the loaded .38­caliber Brotherly Love vember 4, 1962, after a high peed revolver concealed at hi wai t. To chase by FBI Agents through rain- di guise him elf, he had dyed his hair Samuel and Earl Veney were not lick BuITalo, ­.Y., street. He wa gray and shaved the front portion of only the first brother team to ever ap- craftily disguised and heavily armed hi head to give the appearance of pear on the "Ten Most Wanted Fugi- tives" list, but they were also captured with a rifle and two hand grenades. baldne . He al 0 sported a black Less than a week later, hortlyafter mustache and wore glasses. together at Garden City, N.Y., on noon on aturday, ovcmber 10, An expensive honeymoon with his March 11, 1965. They were charged 1962, the killfully disguised Wil- triptea er bride ended abruptly for with a bloody Baltimore crime spree coxson was arrested, along with his alleged bank robber Jerry Clarence that began on Christmas Eve 1964, young paramour, after emerging Ru h on the morning of March 25, when a police lieutenant was shot

20 FBI Law Enforcement Bulletin while investigating an armed robbery. operation in eliminating these fugi. OPERAliON ON GUARD A Baltimore police sergeant investi• tives from free circulation is earnestly gating the first shooting was found desired, the FBI and other lawen• The elderly and the gullible have shot to death on Christmas morning. forcement agencies want to insure that long been the target of bunco artists Samuel Veney was charged with mur• no private citizen becomes endan• and medical quacks. Many victims dering the sergeant, and his brother gered as a result of his aid. have been drained of their entire life Earl was charged with attempting to savings by these frauds. murder the lieutenant. What To Do Faced with a wave of such con men, the district attorney's office and The public is cautioned, therefore, Where To View the Los Angeles County Department to avoid becoming directly involved of Senior Citizens Affairs have re• Pictures with descriptions of the in apprehending one of these despera• cently taken steps to educate the "Ten Most Wanted Fugitives" are on does, but it is suggested that careful elderly in the methods utilized by display all over the country at such note be made of pertinent facts, such these parasites. locations as FBI offices, police sta• as descriptions, license numbers, etc., Much of the instruction, called tions, and post offices, and also appear should one of these individuals be "Operation on Guard," is devoted to in newspapers and over television recognized. This information should the citation of cases where older throughout the land. The public is be immediately reported to the nearest persons have been swindled of their alerted to these individuals through FBI office, and the cooperating citizen life savings by bunco artists. Partic• such cooperative news media and can can be assured that his supporting role also obtain their descriptions over will be maintained in the strictest ular emphasis is placed on medical various radio stations. Magazines confidence. quacks who claim to have a cure for also frequently feature stories with The FBI's "Ten Most Wanted Fugi• cancer, arthritis, and diabetes, but photographs and descriptions of the tives" program continues as a living whose main objective is to make easy "Top Ten" fugitives._ example of the value of teamwork in money with no consideration for the While the public's wholehearted co• the war on crime. well-being of the elderly.

Mr. George Sampson, Sheriff, Rockingham County, Exeter, N. H., was greeted by Director J. Edgar Hoover on a recent visit to the FBI. "ALICE" the law says that's not right, and I doing is protecting your own lives (Continued from page 13) agree_ And you have some good and mine, and maybe even his. into the law centuries ago in England company when you say it should not Surely there is no law against that." when most arrests were made by pri• be right in the case of a police officer "No," the officer said, "you are vate citizens and both participants either. A few States have abolished wrong again. A search like that were armed with no more than barrel the right to resist illegal arrest. 16 might be unreasonable under the staves or swords, much less dangerous The Superior Court of ew Jersey fourth amendment to the Constitution. than six-shooters and automatics_ It recently did so in that State. They We don't have a search warrant, or was a time when bail for a felony said that resistance to arrest is 'anti• his consent to search, and we haven't usually could not be had, when there social in an urbanized society. It is arrested him, so we stilI don't have a was no right to speedy trial-years potentially dangerous to all involved. right to search him. A few States might pass before the royal judges It is no longer necessary because of have laws saying we could search him heard the case_ The jails were dun• the legal remedies available.' 1. before arrest for our own protection,20 geons, torture chambers, in which the "And newspaper editors in big but we aren't in any of those States prisoner might die before triaU5 It cities have said the same thing. One now. Anyway, some lawyers say the was a time totally unlike today when said, 'Strange as it may seem, it is Supreme Court will make those States jails are relatively clean and humanely now lawful to kick, bite, or punch change their minds as soon as it gets operated, when bail is a constitutional an arresting officer in uniform, if the a good chance." right in most cases and is now being arrest is one that a court lawyer finds "You mean to tell me," Alice said, widely and quickly allowed under a is technically defective and hence un• "that while you stand here making up broadening concept of that right, and lawful. In these days of increasing your mind on probable cause for ar• when the accused has a constitutional hoodlumism and street crime, the rest, a difficult decision of constitu• right to a speedy trial (to say nothing community rightly expects the police tional law, the law will not let you of instant habeas corpus), a right to to assume risks in the cour e of their search that man first, just to prevent make no confession to the officers, and duty, but in return it owes them rea• him from pulling out a gun and kill• a right to demand a lawyer, relative, sonable protection. Policemen forced ing you, or those people up there in or friend before the officers interro• to make instantaneous decisions the window, or me?" gate him for evidence of his own guilt_ under trying circumstances should "Yes," the officer said. "That is "What a topsy-turvy world," Alice not become fair game for a mob.' 18 the way it is." said again, half to herself_ "You "Another said that if the law does "Would the law let him shoot a would think that with all these consti• condone a vicious assault upon a judge in court while the judge was tutional rights available to a person policeman with a broken bottle, then making up his mind on a question of under arrest, civilized people in this the law ought to be changed because constitutional law?" Alice asked. day and age would make it the law 'Otherwise the police will predictably " 0," the officer said. "It would that this man must go peacefully find it far harder than it already is to not." with the officers and decide the control the hoodlums who prey upon Again Alice was heard to say, half legality of the arrest in the courts in• the public in every large city in thi to herself, "What a topsy-turvy stead of starting a fist fight over it in era of growing lawlessness and whose world!" the street. And wouldn't that be particular pleasure seems to be to "But there is a way, there is a better for everyone? If we let ome• maim or kill policemen. A police way," Alice shouted excitedly, "even one kick an officer's teeth in becau e officer's job is perilous and thankless if he does have a gun. There are he made a mistake of con titutional enough without leaving this kind two of you and only one of him and law, won't the officer- like anyone of legal weapon in the hands of you can just arrest him, even if the else-perhaps be afraid to arre t the thug.' " 10 arre t isn't legal, and grab him by next time, and not arrest someone "But look," Alice aid, " there' an• both arms and handcuff him and then who should be arrested and who will other way out. Even if) ou don't have he can't hurt you. Do it that way." hurt orne innocent person if he enough fact indicating crime to make " 0," the officer said. "That's not isn't? Do we let a man kick a law• a legal arre t, why don't you search o good either- it might hurt in my yer's or a judge's teeth out if he make him for a gun or a knife now and take pocketbook. " an hone t mi take on the constitu• it if he has it- then at lea t, he can't "You mean he would kick you?" tionallaw of arrest?" hurt you while you are a king ques• Alice asked. " TO," the officer said, " we do not• tions of him. All that you would be "Well, ort of. You ee, Alice, the

22 FBI law Enforcement Bulletin Supreme Court said in 1961 that if an "A few years before you were born, said. "Arrest by warrant is the officer violates a man's constitutional Alice, a wise old man on the Supreme American system, and the fairest of rights-such as the right of this man Court of the United States said some• all. The magistrate who decides right here not to be arrested without thing I think more people should re• whether the warrant shall be issued probable cause for belief of guilt• member. He was talking about the is neutral and unbiased and he doesn't the man can haul the officer into Fed• difficult problem that officers have in care, at least theoretically, whether eral court and sue him personally for deciding whether to arrest or not, and the arrest is made or not. Being damages_ 21 This possibility of being he said that because officers must face neutral makes him a good judge of sued frightens us, because in many of many situations which are more or probable cause, fair to both sides. the States, or perhaps most, the officer less ambiguous, some room must be The Supreme Court likes it that way. has to pay the judgment out of his allowed for their mistakes, so long as Sometimes they criticize us for not own pocket. The State either will not their mistakes are those of reasonable getting warrants. Not long ago they pay it for him or it pays only a part. men. 21 But I guess most everyone has warned us, as they have done several "Now some of the scholars in the forgotten what he said. times before, that 'The point of the law say this is bad because if an officer "The law seems to tell me now that Fourth Amendment, which often is not allows his pocketbook to influence his if I make any mistake of judgment at grasped by zealous officers, is not that decision to arrest, the public interest all on this constitutional law question it denies law enforcement the support of probable cause for arrest, then of the usual inferences which reason• 'bingo,' no matter how honest I am, able men draw from evidence. Its "It i, axiomatic that one of the I can be sued for every penny I have. protection consists in requiring that best defeRle, in criminal matter" So I am very careful, and sometimes, those inferences be drawn by a if no other exi"" i, to try the perhaps, I fail to arrest when I neutral and detached magistrate in• police officer, or the witne"e, should,25 and I wonder if that really stead of being judged by the officer who have turned 'tate', evi• is proper for the public good. Would engaged in the often competitive en• lienee." Federal Circuit Judge it not be much better if I used my own terprise of ferreting out crime. Any Barnes, Ninth Circuit, in Dege v. judgment and, when I made an honest assmnption that evidence sufficient to U.S., 308 F. 2d 534 (1962). mistake, the Government would say to support a magistrate's disinterested the man arrested illegally, that the of• determination to issue a search war• in good law enforcement is sure to ficer made a mistake in your case, but rant will justify the officers in mak• suffer_ 22 You know what they mean• he did it not for his own profit but in ing a search without a warrant would the officer often will be afraid to arrest performance of a public duty, so here reduce the Amendment to a nullity and when he should arrest, and his fear is the money paid by the State to com• leave the people's homes secure only will leave a dangerous criminal on the pensate you for this mistake? When in the discretion of police officers.' 2. street to kill, rob, or steaL And the the law won't let a judge or a prosecu• "But the fact which I think the scholars say it isn't right on principle tor be sued for a mistake of constitu• courts sometimes fail to grasp, Alice, because this same man is not allowed tionallaw, it says the reason is that he is that the officer whom they criticize to sue anyone else_ He cannot sue the must be allowed to do his duty as he for not getting a warrant is not State's attorney for prosecuting him sees it without fear and without hav• allowed to decide whether he will ask on evidence which is just not quite ing to risk being sued for making a for a warrant or not. Someone made enough to convict, and he cannot sue wrong guess on the law. 2G Shouldn't a scholarly study of this matter and the judge who erroneously makes a that apply equally to a police officer, found that the prosecutor dominates ruling against him on the law_ So here in this backyard in the dead of the warrant decision.28 By that I why should he have the right to make night?" mean that the prosecutor-not the the officer pay a judgment out of his "Very odd," Alice said, "very odd." officer-decides whether the officer own pocketbook for the same kind of "Then there's nothing to do," Alice can have a warrant or not, and he mistake? The scholars may be right. suggested, "but to hope that the man usually tells the officer to go ahead The newspapers that I read say that will not run away while we call the and arrest without a warrant. You some policemen are now beginning to State's attorney to see if he will ap• see, Alice, this is exactly the opposite be afraid to arrest for fear they will prove a warrant of arrest. That will of what the Supreme Court says we be sued for all they've got. 23 If that settle the issue of probable cause and should do. The Court tells us to get is true, we have created a condition you won't have to stick your neck out." a warrant and the prosecutor tells us dangerous to society. "Basically a good idea," the officer to arrest without a warrant. And

July 1966 23 that's not ·all. If the State's attorney quirements of the law, which had "Now that," said Alice, "sounds like did approve a warrant, who would is• now been explained to Alice and the the answer." sue it to us at this time of night? people upstairs for the first time in "Not so fast," the officer replied. Most magistrates keep office hours, their lives, they echoed the view of "We are not in one of those States. which crime and the criminal do not. Dickens' famous character, Mr. Outside of a few States an officer does At this time of night the magistrates Bumble, who said, "If the law sup• not really know whether he has the are deep in the arms of Morpheus" poses that, . . . the law is a ass, power to detain or not.31 A Federal (the mythical Greek God of sleep). a idiot." 29 Yet, when the officers judge said not long ago that American "That doesn't make sense!" Alice asked them to specify which crime law has 'inadequately articulated' the exclaimed. "The Supreme Court tell• this man had committed, Alice and power of an officer to detain for in• ing you to make arrests on warrants the people upstairs fell silent. They vestigation,32 which I take to ,be a as much as you can, and being really did not know, either. judge's scholarly way of saying that quite right at that, but no one will Then Alice had still another idea. the law simply does not say for sure whether we can detain to investigate or not. Because the law hems and "We may strangle law enforcement and court function if in haws on this point, some other scholars these cases distinctions become too finespun and unreal. We who call themselves the American Law can quibble forever as to when the arrest took place: at the Institute recently proposed that the stopping of the car, or the stepping out of the car at the command law clearly and unequivocally gives of the detectives, or after the brown paper bag was found on us this power. But do you know what the floor of the automobile." Chief Judge Foley, U.S. District happened? It was no sooner sug• Court, Northern District of New York, in U.S. ex rei. Wilson v. gested than some other scholars on the LaVallee, 251 F. Supp. 292 (1966). other side of the fence hit the ceiling,33 if you don't mind me mixing my metaphors. So where does that leave permit you to have the warrant and no 1£ the officers doubted that they had the officer like me? Everybody hol• one to give it to you even should it be sufficient information of crime to lers for him to obey the law so he approved. If this man's constitu• make probable cause for arrest, why hollers back, 'what is it?' And then tional right not to be arrested without not simply keep the man here while they start fighting among themselves probable cause for belief of guilt is as they investigate. One officer could while he stands there facing an un• important as the Supreme Court says hold him and the other could check known quantity in the dead of night." it is, and the function of the mag• through the neighborhood for break• "Okay," said Alice, "we're licked, istrate in making a fair decision on ins, a suspicious car, or anything else. let's get out of here." probable cause is as critical as the "Not a bad idea," one officer said, "at "No," the officer said, "we can't. Supreme Court says it is, why can't first glance. The law of a few States We wouldn't get three blocks before one of those---one of those magistrate has allowed this action for many the night chief would come bawling people---be appointed to work nights years, mostly under the Uniform Ar• over the radio for us to come in to like you do?" rest Act.30 Some call it detention for explain why a citizen had complained "You think too much," the of• investigation. 1£ the officer has a that two cowards in blue uniforms had ficer replied. "Kids like you are reasonable basis for simply suspecting run out on him. I have a wife and dangerous." that the man in front of him might kids to feed. We will arrest this man The conversation between Alice have committed a crime, he can hold for vagrancy. It isn't a very good and the officers continued. Alice and that man for 2 hours or so, whatever answer. Arrests for vagrancy have the people upstairs grew increasingly the law of that State specifies, while been bitterly criticized in recent impatient with both the officers and he investigates. 1£ the officer then years.34 1£ the critics get hold of this the law. As to the officers, it seemed finds enough facts to make probable case, they will shout that it is just an• so elementary that something must cause for arrest, he can arrest the man. other example of illegal arrest on sus• be done here, and what could be more And if he doesn't he must turn the pICIOn only- another example of simple and direct than for two big man loose, but the act of the officers in tyrannical abuse by the police. 1£ we and burly policemen to take the man detaining the man during investiga• walk away from here and this man down to the station and learn what tion is not an arrest and the man can• attacks the people upstairs, or some• he was up to. As to the technical re• not sue the officer for false arrest." one else, the law and the critics will

24 FBI Law Enforcement Bulletin condemn us-and perhaps worse--for Court,as have told the officers that a cites a few of the facts from that file dereliction of duty. If we walk away confession of guilt given under arrest and shows the man that he is caught and nothing happens, the people up· and in the interrogation room of the cold, the man can see that the game is stairs will register a complaint against police station is not admissible in lost and that perhaps the intelligent us anyway. We are squeezed ,between evidence against that man unless the thing for him to do is confess and the law which restricts our action and officer first tells the man that he has throw himself on the mercy of the often fails to tell us what we can do, a right to remain silent and a right to court. But that isn't our case, Alice, and the demand of the citizen that counsel.36 The high courts ()f some and it isn't the case with which police we do something. Do you see the other States disagree. They say it is officers so often are confronted. Our problem?" enough if the man is told only that he case contains, through no fault of our "I see the problem," Alice replied, has a right to remain silent.37 The own, a minimum of fact and a maxi· "but I don't see why the critics who high courts of still other States have mum of ambiguity. If we solve this are so certain on what you should not disagreed with both these positions. case--and that is what the pe()ple up· have done after you did it are so un· They say the officer doesn't need to stairs and the people of this com· certain on what you should do before tell the man anything so long as the munity expect-we will do it only you do it. I should think that they man's request for counsel, if he makes from what this man tells us. In cir· have some responsibility for coming it, is not denied.38 So the officer is cumstances like these you can under· up with the other half of the answer. left standing at the crossroads with stand our reluctance to say anything They ought to tell you what you can at least three signposts, each pointing which might encourage him to say d(). If they think this arrest is illegal, in a different direction and each say· nothing. they should tell you to not make an ing that it alone shows the true path. "The heart of the problem, Alice, arrest in a case like this, and then Some say that the officer needs to is that we serve two masters, and we defend you all the way to the Supreme know more law. I agree, but he also have it on high authority from long Court when the mayor tries to fire y()u needs the patience of Job and a sense ago that no man can accomplish that for not doing your job." of humor. feat. 39 He will cleave t() the one and Alice was relieved, nevertheless, as "Of course," the officer continued, reject the other, or reject the ()ne and were the people upstairs, that an ar· "it would be easy enough for us to cleave to the other. One master is rest would be made. But one officer tell this man that he has a right t() the community which we serve. This cut their relief short with a reminder silence and a right to counsel. But master is p()werful. It can hire us that his troubles with the law were by commonsense tells y()u that the more and fire us, raise our pay, or refuse no means ended. "The requirements we warn him against confessing, the a raise, according to how well we of the law on confessions," he said, less likely he is to tell us the truth. satisfy its demands. This master "interacting with the community de· That isn't so true, I'm sure, ()f cases wants an honest confession, because mand that the case be solved will baffle where a long investigation before ar· from a confessi()n it learns the facts us again before the night ends. The rest gives the interrogating officer a important t() its health and well-being. high courts of some States, interpret· file of facts 10 inches thick on the The other master, also very powerful, ing a 1964 decision of the Supreme man and his crime. If the officer reo is the law, which instructs us that we can obtain the confession ()nly under legal restrictions which the first "Yet every day hundreds of cases must be decided in the 50 master neither knows nor under· States and in the Federal courts. Each case has its unique facts stands. A confession pleases one that bear only on one small area of no man's land. The courts master but often displeases the other. cannot just do nothing as the legislatures have done. They must In fact, our master in the law · seems decide the particular case before them, and they must decide it sometimes to doubt that we ever need without any knowledge of police requirements, with little under• a confession to solve a criminal standing of how the protection of individual rights may be af• case.40 This master seems oc· fected and surely with no information about the far-reaching casionally to suggest that we can solve effect their decisions may have on law enforcement generally any case by talking with witnesses and the havoc that their dicta may cause." Chief Judge J. Ed• and by finding the gun, the tire track ward Lumhard, U.S. Court of Appeals, Second Circuit, in "New Standards for Criminal Justice," American Bar Association in the mud, the vial of poison, and Journal, May 1966. all those other things with which Mr. Hoover's FBI Laboratory can do so

July 1966 25 much. That is not true. As a wise and the law live in the same house, so which we must work. They see the old man who sat on the Supreme Court to speak. They did once, way back increasingly frequent physical assaults not so long ago-two of them, in in the days of Moses, but it is my im• upon policemen by persons being ar• fact-said so well, there are crimes, pression that they are now divorced. rested. They see that mobs form and often of the worst kind, in which Anyway, that's no subject to discuss start riots, that blind and unreasoning there simply are no witnesses, no with a kid like you-let's get on with mobs can be controlled only by phys• guns, no tire tracks, and no vials of this case." ical force, that if we fail to attempt to poison to be found. And moreover, " 0," said Alice, glancing at her stop the mob, we can be discharged or these two learned men of the law watch, "I can't. You have been say• prosecuted for dereliction of duty, that asked how the police can possibly ing nothing but 'No' to me all night if we do stop the mob, the tumult of solve such cases except by getting in· whenever I mentioned the law. You battle has scarcely died down before formation from the man who com• sound like you have picked up a bad we are charged with police brutality, mitted the crime. Those two wise habit from one of your masters. Now for which we can be discharged or men of the law asked that question it is my turn to say 'No.' My parents prosecuted. They see the facts, and on two different occasions, Alice, duro knew that I would be with you, but more and more of them appear to be ing the last two decades. 41 We are they must be wondering about me. making the same decision that the till waiting to hear the final answer. I live just down the block. You can critics of the police made long ago• If the law thinks we should not try watch me until I go in the door. And that they do not want the job for to solve a murder or any other crime it was awfully nice to meet you. I will themselves." by asking questions of the man whom see you again and if I ever need you, "Well, no offense intended to a good we have arrested, then let it say so, I will call you." friend," Alice said as she started straight out, loud and clear, and we "Thank you," the officer replied, away, "but that is the only smart de• will obey. The crime may go un• "but don't be disappointed if we don't cision that I have heard all night." solved, of course, and a criminal may show up." be set free in the street once more, "But surely you don't mean ...!" Epilogue but that will not be our fault." Alice exclaimed. "But haven't you forgotten some• "N0, again," the officer said, "that This was "Alice in a Patrol Car." thing?" Alice asked. "Suppose this is not what I mean. I just mean that The comparison with the original is man had kidnaped my baby brother there are not enough of us to do every• not perfect, of course. The Alice of and you arrested him for that crime. thing. Our department, like so many "Alice in Wonderland" was only ow my father and mother and I want others all over this Nation, is under• dreaming, but our Alice is not. What to know where he has hidden the baby, staffed. We have a budget for a cer• our Alice saw here is the raw stuff of who might die if we don't find him. tain number of officers, but we can't Life itself, the material out of which If you ask the man, but tell him first get that many . We are trying to re• the law should be shaped and reshaped that he ha a right to refuse to answer, cruit new officers in areas hundreds of as necessary in a Nation whose crimi• do you not perhaps sign a death war• miles beyond the city, reaching into nal environment is now newly dom• rant for that child? Isn't this a cor• other States, and still we can't find inated by the sprawling metropolis ruption of values? They teach us, enough officers to fill the jobs.42 where dense concentrations of mil• you know, in chool and at home and More and more of the young men lions of human beings make possible in your office and in church that we who would become fine policemen are a rate of criminal activity greater than have a moral and religious obligation taking a long look at the pay and the ever before in our history. With few to tell the truth. And then they turn working conditions offered. They see exceptions, however, this raw tuff of right around and say that you mu t the law taking away some of the tools Life is known only to a few-to police tell this man that he has no such obli• which law enforcement officers always officers and to the victims of crime, to gation, even when the likely result will have used in all civilized countries those who by occupation or unfortu• be to deprive an innocent child of life since time began, including this one nate circumstance bear in their bodies itself. What do you suppose the ex• until a very few years ago, and the and in their fortunes the unequal perts on the law would say if it were apparent assumption on the part of burden of crime. It has been said that their baby instead of ours?" the public that the officers still have these are predominantly the poor and "You are all mixed up," the officer all the power necessary to do the job those of modest income. Most others replied. "I don't know how to ex• demanded of them. They see the odd turn a blind eye and a deaf ear to the plain it, but you seem to think religion hours and dangerous conditions under facts. ome call it apathy.

26 FBI Law Enforcement Bulletin Federal Circuit Judge Edward Lum- you, the responsible citizen who de- 27 Johnson v. U.S., 333 U.S. 10, quoled in U.S. v. Ventresca, 380 U.S. 102 (1965); Aguilar v. Texas, bard said a few years ago that "Police pends upon the police for protection 378 U.S. 108 (1964); Ford v. U.S., 352 F. 2d 927 officers need to know their powers to of person and property_ Take a ride (1965) . :..'b Miller & Tiffany, "Prosecutor Dominance of the question, detain and arrest, but fed- with the police officer and see this Warrant Decision: A Study of Current Practices," erallaw and the laws of all the states "topsy­turvy" world for yourselves_ Wash. Univ. L. Quarterly, February 1964. 2D Dickens. Pickwick Papers, chapter 47. on these questions are in great con- 30 28 Va. L. Rev. 315 (1942), adopted with modifi· fusion _ _ _ no one can say with cations in Delaware, New Hampshire, and Rhode Island. 1 Mr. Justi ce Rutledge, in Brinegar v. U.S., 338 U.S. any certainty what powers the police 31 Police Power and Individual Freedom, Aldine 160, 174­176 (1949); Wayne v. U.S., 318 F. 2d 205 Publishing Co., Chicago, 1962. officer has until the particular case is (1963); Congressional Record, Feb. 8, 1965, p. 2165. 3:! Judge Kaufman , U.S. v. Bonnano, 180 F. Supp. 2 Draper v. U.S., 358 U.S. 307 (1959); Mr. Ju.'ice decided by the courts_" 43 Federal 71 (1960). Clark in Henry v. U.S., 361 U.S. 98, 106 (1959); 33 See. for example, the "Bazelon and Katzenbach Circuit Judge Homer Thornberry said Wayne v. U.S., supra. Letters," The Evening Star, Washington, D.C.• Aug. 3 Wren v. U.S., 352 F. 2d 617 (1965); Bell v. only last year that "There is a crying 4, 1965. U.S., 254 F. 2d 82 (1958), cen. aenied 358 U.S. 885. :14 Douglas, "Vagrancy and Arrest on Suspicion," need for reform in criminal law and • Elkins v. U.S., 364 U.S. 206 (1960), Appendix. Yale L. Journal, November 1960; "Over· expanded procedure, but little has been accom- • Beck v. Ohio, 379 U.S. 89 (1964). o Mapp v. Ohio, 367 U.S. 643 (1961). Application of Vagrancy Statutes," Wash. Univ. L. Q., December 19tH . plished ____ " 44 Past President 1 Monroe v. Pape, 365 U.S. 167 (1961 ); Batista v. Weir, 340 F. 2d 74 (1965). "" Escobedo v. Illinois, 378 U.S. 478 (1964). Lewis F_Powell, Jr_, of the American 3. People v. Dorado (Calil.), 394 P. 2d 952 (1964); • Gideon v. Wainwright, 372 U.S. 335 (1963). S'ate v. DuFour (R.I.), 206 A. 2d 82 (1965) . Bar Association said last year that o "The Detective," Life Magazine, Dec. 3, 1965; 31 Ward v. Comm. (Va.), 138 S.E. 2d 293 (1964); Detroit Free Press, Apr. 4, 1965; Miami Herald, "There is a growing consensus that MeDord v. State (Md.), 201 A. 2d 824 (1964). Sept. 5, 1965; Portland (Maine) Sunday Telegram, 3S People v. Hartgraves (m.), 202 N.E. 2d 33 outmoded criminal codes and the Sept. 19, 1965; Illinois Slale Journal, Springfield, May (1964); People v. Gunner (N.Y.), 205 N.E. 2d 852 12 , 1965; Fond du Lac (Wi•. ) Commonwealth Re· dramatic reinterpretation of constitu- (1965) . porter, Jan. 26, 1966. Matthew 6 :24. tional safeguards have rendered the 10 Wong Sun v. U.S., 371 U.S. 471 (1963). 3. 40 Escobedo v. Illinois, supra ; Justice Sobel. New 11 Chicago Tribune, Mar. )5, 16. 17, 23, 1965; Chi· process of law enforcement far more York Supreme Court, as quoted in "Will the Courts cago's American, Mar. 18, 22, 23, 1965 ; Chicago Daily Take Lawmen's Trump Card," The Evening Times, difficult_" 45 News, Mar. 17 , 19, 1965. Trenton, N.J. , Dec. 28, 1965. 41 Mr. Justice Jackson in Watts v. Indiana. 338 U.S. 49 (1949); Mr. Justice Franklurter in Culombe v. Conn., 367 U.S. 568 (1961). "Thl' police mull feel defeat when cOnltantly bombarded with 42 The Wall Street Journal, Oct. 7. 1965; The crie. of 'police brutality,' knowing that in m.o.t in.lance. thi. i. Maryland Monitor, Nov. 4, 1965. fa "The Administration of Criminal Justice," but a preplanned phrme glibly invoked by .elf-.erving individ• American Bar Association Journal, September 1963. lUll. to arou.e urule.erved .ympathy.'~ Federal District Judge .. 38 Federal Rules Deci.ions 351, 369 (1965). 45 "An Urgent Need: More Effective Criminal Jus· '\farovilz, orthern District of Illinois, in U.S. ex rei. Conroy v. tice," American Bar Association Journal, May 1965. Pate. 240 F. Supp. 237 (1965). •• Snyder v. Mass., 291 U.S. ')7, 122 (1934).

Director Hoover of the FBI has re- 12 Footnote 11 , supra. MORE THAN A TIGER 13 California, Delaware, Illinois, New Hampshire, peatedly warned us of the rising New Jersey, and Rhode Island. IN HIS TANK volume of crime. Mr. Katzenbach, 11 U.S. v. Di R e, 332 U.S. 581, 594 (1948) People v. Cherry, 307 N.Y. 308, 121 N.E. 2d 238, 240 (1954) ; Attorney General of the United States, New Jersey v. Koonce. Superior Court of New Jersey, For several months police in a for- is concerned. The President of the Appellate Division, Oct. 26, 1965; 9 Okla. Law Rev. eign country had a group of individ- 60 (1956); 39 Univ. 01 Detroit Law Journal 595 United States is calling for action (1962) . uals under surveillance on suspicion against crime. If these acknowledged 16 Warner, "The Uniform Arrest Act," 28 Vo. L. of dealing in narcotics. Despite close Rev. 315 (1942); Hall, "Legal and Social Aspects 01 surveillance of the suspects and the authorities are correct in their views Arrest," 49 Harv. L. Rev. 566, 578­92 (1936). on crime and the criminal law, then 11j Footnote 13, supra. vehicles they used, no evidence of nar- "Alice in a Patrol Car" is the wrong 17 New Jersey v. Koonce, Footnote 14, !upra. cotics was found. 18 Editorial, New York Times, May 28, 1965. title. The title should be, "You in a ]9 Editorial, Chicago Daily News, Mar. 15, 1965. In studying the surveillance logs, Patrol Car"­you who belong to a pro- !!O Del3ware, New Hampshire, New York, Rhode an alert detective noted that the sus- Island, and Nebraska. fession whose members are charged 2"1 Footnote 7. supra. pects 'Stopped at filling stations more with the continuing duty of acting as ~ Davis, "Officers' Tort Liability," 55 Mich. L. frequently than was normally re- Rev. 201 (1956); Foote, "Tort Remedies for Police the architects of the law, you whose Violation of Individual Ri gh ts:' 39 Minn. L. Rev. quired. His suspicions were well function it is to enact and to interpret 493 (1955). founded. A later examination of the !::a Footnote 9. supra. the law so that justice may be done, as 24 Mr. Justice Rutledge. footnote I, supra. gas tanks revealed they were divided Mr. Justice Cardozo once said, to the 25 Footnote 9, supra. into two compartments, one for gaso- 26 See, for example, Pierson v. Ray, 352 F. 2d 213 accuser as well as to the accused,46 and (1965) . line, the other for narcotics_

July 1966 27 20535, or the Special Agent in Charge WANTED BY THE FBI of the nearest FBI field office, the tele- phone number of which appears on the first page of most local telephone directories.

C.O.D. THIEF

One enterprising thief has recently devised a unique system of fraud. Telephoning the store he intends to victimize, the thief orders a specific item to be delivered c.o.d. to a partic- ular address at a specified time. Meeting the delivery truck, he ad- vises the driver that he has moved to DAVID LEE CROSBY, also known as: Joseph Edward Cantrell, Joseph Canytrll, "Red." a new address but that he has a sta- tion wagon with a trailer nearby to take the merchandise to the new Interstate Flight-Child Molesting; Rape address himself. After the merchan- dise is transferred to his vehicle, he gives the driver a check for the full amount of the purchase, plus a gen- DAVID LEE CROSBY is currently be- Description ing sought by the FBI for unlawful erous tip. This check, of course, is Age______35, born June 30, interstate flight to avoid confinement bogus. 1930, Brantley In such transactions this individual after conviction for child molesting County, Ga. and rape. HeighL ______5 feet, 9 inches. has acquired air­conditioning units, WeighL______134 to 150 pounds. valuable art objects, a hospital bed, Build______Small. a color television set, etc. The Crime Hajr______Red. Eyes______Blue. On September 20, . 1961, Crosby Complexion______Fair_ was sentenced to serve 10 years at the Race______White. Georgia State Prison at Reidsville, Nationality______American. TESTIFYING INCOGNITO Ga., for child molesting and rape. Occupations______Carpenter, electrician, welder. Officers of a police department in a On October 1, 1964, Crosby report- Scars and marks ___ Vaccination scar on southeastern city took unusual means edly escaped from confinement by left arm, scar on to keep the identity of an informant sneaking away from the prison's out- each knee, scar on concealed while at the same time elicit- side electric shop. He then allegedly right ankle, tattoos ing from him testimony on the witness fled interstate. on right arm. FBI No. ______995, 844 D. stand that was essential to the success· A Federal warrant for his arrest Fingerprint cia sification : ful prosecution of their case. was issued on December 21, 1964, at 9 S 27 W MIO 10 Ref. 27 The informant in the case appeared Swainsboro, Ga. S 2 U III 1 in court with his head completely swathed, mummy fashion, in band- The Fugitive Notify the FBI ages leaving openings only for hi Any person having information eyes, nose, and mouth. In addition, David Lee Crosby has been em- which might assist in locating this he wore dark glasses and a cap- ployed as a carpenter, electrician, and fugitive is requested to immediately completely concealing his identity. welder. He reportedly has carried notify the Director of the Federal The case resulted in a conviction firearms in the past and should be Bureau of Investigation, U.S. Depart- which authorities felt otherwise would considered armed and dangerous. ment of Justice, Washington, D.C., not have been accomplished.

28 FBI Law Enforcement Bulletin

U.S. GOVERNMENT PRINTING OfFICE : 1968 0-218-504 FOR CHANGE OF ADDRESS

Complete this form and return to:

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

(Name) (Title)

(Addre8S)

(OUy) (State ) (Zip Oode)

NEW ROD SAW A new product is being put on the market by the Remington Arms Co., Inc. It is a tungsten carbide rod saw similar to a diamond·cutting in· strument. The half·ounce saw rod fits a standard 12-inch hacksaw frame and is designed to cut through glass, glazed tile, stainless steel, and other ®======~=0 tough-to-cut materials. Attention is drawn to the fact that these rod saws can easily be hidden in a belt, rolled into a small ball, and otherwise concealed on the person. The possibility of such an item's being secreted in the clothing of an arrested person should not be overlooked. Tungsten carbide rod saw designed to cut hardened metals and glass.

BORROWED TOGS he helped himself to various garments FINISH THE SEARCH of the appropriate size and would A taste for the finer things led wear them for a few days before again A knife carried in a sheath con• one individual to practices which having them cleaned and returned to cealed on the forearm may be more eventually got him into trouble with the customer. He said that in this apt to escape detection than if hidden the law. He was found to be in pos• way he had a varied wardrobe and on any other part of the body. A session of clothing belonging to the was able to impress many of his cursory examination of an offender by chief of police! acquaintances with his apparent police usually includes searching the When questioned concerning his good taste and affluence. torso and legs, but the arms are fre• possession of these items of clothing, Chances are he is somewhat dis· quently overlooked. It would be well he said that while working for several satisfied with the monotony of his to include the arms in such a search months in a cleaning establishment, present daily garb. to prevent possible attack later. UNITED STATES DEPARTMENT OF JUSTICE POSTAGE AND FEES PAID FEDERAL BUREAU OF INVESTIGATION ~EOERAL B U REAU OF INVESTIGATI Ol'll WASHINGTON. D.C. 20535 OFFICIAL BUSINESS RETURN AFTER 5 DAYS

UNUSUAL PATTERN

The pattern presented this month is unusual because of its size and complexity. It possesses three deltas and is classified as an accidental whorl with an inner tracing.