~ g3D September 1987 Law Enforcement Bulletin September 1987, Volume 56, Number 9

©1fIj~ ~Ibl!l®!riru® 1 Telecommunications Fraud Devices By George N. Aylesworth and Marianne Swan

©1fIj1TIJj)@ ~o®\lo©@ 5 Crime in the United States­1986 13 Book Review @[p:®lJ@llto@l11l® 14 Impact Fees: A Fiscal Response By Bruce A. Mills

fRl~ll'©[h) 16 An Introduction to the Serial Rapist: Research by the FBI By Robert R. Hazelwood and Ann W. Burgess

~~ [Q)o~ 25 The Inventory Search (Conclusion) By John C. Hall

31 Wanted by the FBI

~ Law Enforcement Bulletin

United States Department of Justice Published by the Office of Public Affairs The Cover: Federal Bureau of Investigation Milt Ahlerich , Acting Assistant Director Minneapolis police officer and his canine partner Washington, DC 20535 make friends in the community.

John E. Otto, Acting Director Editor-Thomas J. Deakin Assistant Editor-Kathryn E. Sulewski Art Direc.tor-John E. Ott The FBI Law Enforcement Bulletin The Attorney General has determined that the Production Manager-Mark A. Zettler publication of this periodical is necessary in the (ISSN­0014­5688) is published monthly by the transaction of the public business required by Reprints-Carolyn F. Thompson Federal Bureau of Investigation, 10th and Penn- law of the Department of Justice. Use of funds sylvania Ave ., N.W., Washington, DC 20535. for printing this periodical has been approved Second­class postage paid at Washington, DC . by the Director of the Office of Management Postmaster: Send address changes to Federal and Budget through June 6, 1988. Bureau of Investigation, FBI Law Enforcement Bulletin, Wash ington, DC 20535 .

ISSN 0014- 5688 USPS 383-310 "

Telecommunications Fraud Devices

H ••• it is important for police officers to be aware of, and be able to recognize, TFDs since their use results in losses totaling millions of dollars annually."

EDITOR'S NOTE: vices are particularly attractive to per• By As individuals develop new sons conducting illegal narcotics or GEORGE N. AYLESWORTH methods of defrauding telecom• gambling operations, as well as those Supervisor munications companies, some de• involved in other types of organized vices may be known by different criminal activity. and names in different regions of the coun• Use or possession of TFDs is pro• DET. MARIANNE SWAN try. The original " black box" could not hibited by Federal law. I However, there Police Legal Unit produce tones, while some later de• may be local laws with specific provi• Metro-Dade Police Department signs (sometimes referred to as sions on TFDs. For example, it is a Miami, FL " yellow boxes") do. Some devices crime in Florida for any person to make even contain electronics to complete or possess any electronic device capa• both local calls and " blue box" calls. ble of duplicating tones or sounds used in long distance telecommunications, if the intent is to avoid payment for long Police officers, in the regular distance service.2 A person convicted course of their duties, may encounter of violating this provision is guilty of a devices used to make long distance third-degree felony.3 calls illegally, and at times, may actually Police officers should consult their come in contact with persons using legal adviser or local prosecuting at• these devices. Because telecom• torney regarding the appropriate laws munications fraud devices (TFDs) are to use in the event they encounter a small and are often disguised as other TFD. Other valuable resources for in• items, recognizing these devices and formation regarding TFDs are the se• the illegal activity associated with them curity offices of local telephone com• is often difficult. Yet, it is important for panies, the U.S. Secret Service, which police officers to be aware of, and be investigates Federal law violations re• able to recognize, TFDs since their use garding TFDs, and the Communica• results in losses totaling millions of dol• tions Fraud Control Association. 4 lars annually. There are several key factors in TFDs are often found in conjunc• making any case concerning the use, tion with other criminal activities. In ad• possession, or manufacture of TFDs, dition to aVOiding long distance tele• commonly known as " blue boxes," phone charges, these devices can also "black boxes," or "red boxes." These be used to prevent records of telephone factors include recognizing the device, calls between certain numbers from establishing possession of the device, being made. For this reason , the de• and being aware of circumstances that indicate that the device is intended to

------______September 1987 / 1 be used to avoid or attempt to avoid However, the common factor is that all payment for long distance service. duplicate tones used in long distance TFDs often look like pocket cal• telecommunications. culators that mayor may not have a "Blue boxes" are devices that will functional calculator display. Others originate fraudulent long distance calls simply appear to be metal or plastic from regular or coin-operated tele• boxes with numbered or lettered keys. phones. These devices may be rela• The configuration of the keys may be tively large, in which case they will gen• similar to that on a touch-tone tele• erally be used in a fixed location, or phone, a calculator, etc. The symbols they may be the size of a small calcula• on the keys may also vary. Many of the tor or package of cigarettes. Those re• Mr. Aylesworth devices will have a small built-in sembling pocket calculators may actu• speaker, while others may have a small ally function as one as well as a speaker at the end of a wire leading telecommunications fraud device . from the box. "Blue boxes" are usually equipped with There are devices that resemble 12 to 15 buttons or switches used to ac• TFDs and operate in a similar manner, tivate the necessary tones. If not de• but are not illegal to possess. One such signed to be wired directly into a tele• device is an automatic telephone dialer phone system , the device will have a which can be programmed to re• speaker, either built into the device or produce the tones made by a touch• attached with a wire, that is used to in• tone telephone . When held to the troduce the required tones into the mouthpiece of a telephone, an auto• mouthpiece of a telephone. A " blue matic telephone dialer will make a con• box" is used by first making a legal long nection with the desired number by distance call. Calls on the "800" sys• emitting the appropriate sequence of tem , " 555" long distance information tones . These dialers, unless altered in• system, or "short haul" long distance ternally, do not make the same type of calls with minimal costs are often used tones as TFDs and will not bypass long to initiate use. Once the initial call is distance charges. They will make local made, the "blue box" introduces a tone calls, which is something that the tones into the system which releases the orig• produce by a TFD will not do. In fact, inal call and seizes the available long one indication that a suspect item is ille• distance line. The caller can then use gal is that it cannot be used to complete this " open " line by activating other a local call. This factor will differentiate " blue box" tones to call any number, a TFD from a legal telephone dialer. virtually anywhere, at no cost and with There are devices, however, which no records being created . Officers contain electronics to be both a legal should be alert to any suspicious device telephone dialer and a TFD . In es• with a number of buttons or switches, sence , there are two devices in one which is either wired to a telephone or box, one being legal and one being a found in close proximity to a telephone. TFD . A small speaker on the device, or con• The three major types of TFDs nected to it with a wire, is another fac• used to evade payment of long distance tor. At public telephones, persons may charges have certain characteristics be seen manipulating suspicious de• that set them apart from each other and from legal devices and which may as• sist in identifying them as TFDs.

2 / FBI Law Enforcement Bulletin ______vices near the telephone and placing "black box " causes the long distance either the device or a small remote network to react as if the call was not speaker up to the mouthpiece of the answered and the caller disconnected. telephone. Therefore, the caller is not billed and no "Red boxes" are devices that are record is created. Callers from a coin• used exclusively with single slot, coin• operated telephone will have their operated telephones. These devices money returned, as is done with a legiti• duplicate the tones created by coins mate uncompleted call. dropping into the telephone when pay• TFDs may be encountered during ment is made. The tones signal the the execution of a search warrant, and switching system of the long distance since many resemble legal items, they Detective Swan network that payment has been made could be overlooked. In all cases, but and that the long distance connection particularly where innocent-appearing should be completed . A record of the devices are involved, detection will usu• call will exist in the records of the coin• ally depend on an examination of the operated telephone number. " Red device, coupled with a careful observa• boxes," due to their public use, are al• tion of all factors surrounding its discov• ways small. They are often built into a ery. Pertinent factors include proximity crush-proof, flip-top cigarette package. to a telephone ; list of telephone num• The most common type has three but• bers , particularly telephone numbers tons for simulation of the tones con• from other nations, on or near the de• nected with the three denominations of vice ; statements made about the de• coins accepted by coin-operated tele• vice ; or information developed during phones. Some of them have a single the investigation which produced the button and simulate only the tone asso• warrant. ciated with quarters. The speaker is Another way in which TFDs may self-contained, and when the device is be encountered is during a search of a concealed in a cigarette package, the person or vehicle without a warrant, speaker is commonly faced to the front pursuant to some exception to the gen• side of the cigarette package, where a eral requirement for a warrant.5 Again, number or small holes have been made the identification of a suspect device to allow a clear tone to escape. During will often depend in part on a compila• use, these devices will be held close to tion of surrounding factors, in addition the mouthpiece of the coin-operated to the appearance or testing of the telephone. device. "Slack boxes" are devices that are Officers may observe persons attached to a telephone line. They vary using TFDs in a public place, which in• in size and have one or two buttons or dicates that the person is engaging in il• switches . Unlike the other telecom• legal activity. Under such circum• munications fraud devices, the "black stances , a police officer would be box" does not permit free long distance authorized to temporarily detain the calls to be made from the telephone to person , as long as there was a reason• which it is connected. Rather, long dis• able indication that a crime was occur• tance callers to the " black box" ring or had just occurred.s The deten• equipped telephone wi ll be able to tion must be for investigative purposes make their calls free of charge. The and must be brief.? There are a number

------______September 1987 I 3 "The key factor in any case involving TFDs is recognition of the devices and the methods of using them."

of factors that could establish the requi• called " modems." These devices vary their illegal use, it is important that local site indication of illegal activity to au• in size and shape, but will usually be officers be cognizant of TFDs. Local thorize such a temporary detention, recognizable because they will either efforts will assist the national effort and e.g., the demeanor of the person (ap• have a cradle in which a telephone have the potential to provide local ben• parent nervousness or furtive actions) handset is placed or will connect with efit, because TFDs are often found in and observed use of some type of de• common telephone connector wire. As connection with other criminal activity. vice held up to a telephone. Once such most computers have the capability to The key factor in any case involving activities have been witnessed, an of• generate a wide range of tones, there TFDs is recognition of the devices and ficer can approach the individual. will be no recognizable " blue box" or the methods of using them . TFDs may Based on the results of this contact, the " black box" visible. However, docu• easily be overlooked if police officers officer then determines whether further mentary items such as personal tele• are not aware of the various forms they action should be taken. If the person's phone directories, lists of access may take. [F~~ freedom of action is not significantly codes , or instructions for illegal use restricted by such contact, either ex• may be found in proximity to a personal FOOTNOTES plicitly or implicitly, a custodial situation computer. Personal computers are '18 USC sec. 1029. will not result, and any statement the most commonly used to defraud long 2Sec. 817.482(2), Fla. Stat. 31d. person makes will not be the result of distance carriers through their abi lity to -Communications Fraud Control Association, P.O. custodial interrogation.8 Consequently, generate an abundance of random Box 23891 , Washington, DC 20026. The Communications Fraud Control AssociaMn (CFCA) is an organization 01 such statements, along with other ob• numbers and run these numbers in the security personnel from a large number of telecommunica· servations made during the contact, telephone system until an access code tions companies. The association and its members are a valuable source of information and technical assistance to could appropriately be used to develop is found . At this time, the computer can law enforcement officers investigating telecommunications fraud cases. The president of the CFCA provided Informa· probable cause to arrest and would be break into the long distance network of tlon which made this article possible, as did the special admissible as evidence in subsequent some carrier and make calls which are agent In charge of the New York Office of the U.S. Secret Service. proceedings. either not charged to any account or are SChimel v. California, 395 U.S. 752 (1969) ; United " Blue boxes" and " black boxes" charged to another person's account. In States v. Ross, 456 U.S. 798 (1982); New York v. Belton, 449 U.S. 1109 (1981). are types of TFDs that will be encoun• any case , as personal computers are STerry v. OhiO, 392 U.S. 1 (1968). tered more frequently in residences or not illegal devices per se as are the 71d. .Oregon v. Mathiason, 429 U.S. 492 (1977); 50 l. Ed. offices. As noted previously, these other items previously described as 2d 714; 97 S. Ct. 711 (1977). items are often wired into the telephone TFDs, it is unlikely that an officer will be system. "Blue boxes" are often found in able to develop enough information to connection with "call-sell" operations. make an arrest or seizure, based on These are operations in which owners use of a personal computer as a TFD of the devices permit other persons to during an inadvertent encounter or ob• make long distance calls, usually inter• servation of the device. However, if fac• national calls , for a fee that is much tors exist that create a suspicion of ille• lower than the actual long distance rate . gal activities, officers who are aware of These operations may operate around these potential uses for personal com• the clock, and the extent of the loss to puters could notify the Secret Service the long distance carrier may be corre• or the local telephone company. These spondingly large. " Call -sell" busi• agencies may then be able to initiate an nesses are usually found in areas inquiry and establish a prosecutable where there are large concentrations of case. foreign nationals or recent immigrants. Personal computers can also be Summary used as TFDs. Computers can be con• While there is a comprehensive nected to telephone lines by devices Federal law prohibiting TFDs and a Federal investigative effort to combat

4 I FBI law Enforcement Bulletin ______CRIME IN THE UNITED STATES 1986

For the second consecutive year, average of 5,480 offenses per 100,000 inhabitants. Increases were recorded overall serious crimes reported to po• inhabitants. in all regions, cities, and suburban lice recorded an increase. Last year's counties ; rural counties were the only Crime Index total was 6 percent above VIOLENT CRIMES area to show a decrease. Of the the 1985 figures and represented the Collectively, violent crime was up murder victims, 49 percent were aged highest level since 1981 . All offenses 12 percent in 1986. Aggravated as• 20 through 34 years, 75 percent were comprising the Index increased in vol• sault increased 15 percent; murder males, 53 percent were white, and 18 ume from 1985 to 1986. and robbery each rose 9 percent, and percent were Hispanic. Firearms were forcible rape was up 3 percent. The the weapons used in 3 of every 5 An estimated 13.2 million offenses rate of violent crime, which was 617 murders. were reported to over 16,000 law en• per 100,000 people in 1986, increased Fifty-seven percent of the murder forcement agencies nationwide repre• 11 percent from 1985. victims were related to or acquainted senting 96 percent of the total MURDER-The number of with their assailants. Arguments re• population. Related to the U.S. popula• murders rose 9 percent to 20,613 in sulted in 38 percent of all murders, tion, the serious crime total showed an 1986, with a rate of 9 per 100,000 U.S. while 21 percent were proven or sus-

CRIME INDEX TOTAL

­ NUMBER OF OFFENSES KNOWN UP 2% •._._. RATE PER 100,000 INHABITANTS DOWN 2%

+20

+ 10

o .~ - ._-_.• ...... •.. __ .1.'.'·'·'·'· - 10 - - 20 1982 1983 1984 1985 1986

______September 1987 I 5 pected to have occurred in conjunction mainder were attempts or assaults to eastern States. with felonious activities, such as rob- commit forcible rape. By Uniform Law enforcement agencies bery, arson, etc., 19 percent resulted Crime Reporting definition, the victims cleared 52 percent of the forcible rapes from miscellaneous nonfelony ac- of forcible rape are always females, reported, and arrests for this offense tivities, and 23 percent from unknown and in 1986, an estimated 73 of every were up 1 percent from 1985. Of the circumstances. 100,000 females in the Nation were re- arrestees, 45 percent were under the Nationally in 1986, the highest ported rape victims. age of 25, with 30 percent in the 18­ to clearance rate among Index crimes The volume of forcible rape in 24­year age group. Fifty­two percent of was for murder (70 percent). Forty­one 1986, as compared with 1985, in- those arrested were white and 47 per- percent of all murder arrestees were creased 3 percent nationwide, in cities, cent were black. under 25 years of age, and 88 percent and in rural counties. In suburban ROBBERY­The 1986 robbery to- were males. Fifty percent were white; counties, the increase was 6 percent. tal was 542,775, 9 percent above the 48 percent, black; and the remainder, Only cities over 1 million registered a 1985 figure. These offenses accounted other races. decrease, one of 4 percent. For the for an estimated national loss of $323 FORCIBLE RAPE­Forcible rapes same 2­year period, forcible rapes million, or an average of $596 per inci- reported to law enforcement numbered were up in three of the four geographic dent. When comparing 1986 with 1985 an estimated 90,434 in 1986. Eighty regions of the country. A 1­percent de- data, robbery totals were higher in all percent were rapes by force; the re- cline was experienced in the North- geographic regions and city and

MURDER ­ NUMBER OF OFFENSES KNOWN DOWN 2% ,_._.• RATE PER 100,000 INHABITANTS DOWN 5%

+ 10 o ~ . . .1.' .1.' ­ 10 .­­. ­'­1_1..-_.-.•. _.--_.. ­'­' --• ­ 20

­ 30 1982 1983 1984 1985 1986

FORCIBLE RAPE

­ NUMBER OF OFFENSES KNOWN UP 15% _._.­ RATE PER 100,000 INHABITANTS UP 10%

20 +10 .•.•.•. .•.....•-•....~.-.-.-.-.-'- ... a ­­­­ . ­ . ­ 10 ­ 20 1982 1983 1984 1985 1986

6 I FBI Law Enforcement Bulletin county population groupings. was cleared, and robbery arrests rose 1985. Twenty-one percent of all aggra- Nationally, the robbery rate of 225 7 percent as compared to the 1 985 to• vated assaults were committed per 100,000 people was 8 percent tal. Ninety-two percent of the robbery through the use of firearms, 22 percent higher than in 1985. The highest rate• arrestees were males, 62 percent were with knives or cutting instruments, 25 960 per 100,000 inhabitants-was in under 25 years of age, 62 percent percent with personal weapons cities with populations over 1 million. were black, and 37 percent were white. (hands, fists, feet), and 32 percent with Strong-arm tactics were used in 43 AGGRAVATED ASSAULT-Up some other weapon . percent of all robberies last year. 15 percent in volume from 1985, ag- Law enforcement agencies Thirty-four percent were committed gravated assaults totaled 834,322 last cleared 59 percent of the reported ag• with firearms, 13 percent with knives or year. Increases were recorded in all re• gravated assaults in 1986, and arrests other cutting instruments, and the re• gions and areas, with the greatest in• for this offense were up 16 percent mainder with other dangerous creases in the Western States (26 over the previous year. Eighty-seven weapons. Over half of the offenses percent) and cities with populations percent of those arrested were males, were robberies on streets and over 1 million (24 percent). The na• 59 percent were white, 40 percent highways. tional rate for aggravated assault in were black, and the remainder were of In 1986, 1 of every 4 robberies 1986 was 346 victims per 100,000 in• other races. habitants, a 14-percent increase over

ROBBERY

­ NUMBER OF OFFENSES KNOWN DOWN 2% ._._ .• RATE PER 100,000 INHABITANTS DOWN 6% + 10

0 .~ . ~ - 10 .. . . '-_.-.-.-._. ~'_I_'_'_I_'-' .1.1- - 20

- 30 1982 1983 1984 1985 1986

AGGRAVATED ASSAULT

­ NUMBER OF OFFENSES KNOWN UP 25% ­.­.­ RATE PER 100,000 INHABITANTS UP 20%

+ 30 ~ + 20 ~.--.- +10 --.-• I""""" __ .­­' ­­' ­... --_ ..... 1­' 0 ­ ... _.._1.-.1.'. . - - 10 1982 1983 1984 1985 1986

September 1987 / 7 PROPERTY CRIMES no change in the burglary count, while The 1986 burglary clearance rate Property crimes occurring in 1986 the three remaining regions experi• was 14 percent. Arrest trends for 1985 increased 6 percent nationwide. Bur• enced upswings. and 1986 showed a i-percent increase glary and larceny-theft each rose 5 The national burglary rate of 1,345 in total burglary arrests. Of the esti• percent, arson was up 6 percent, and per 100,000 inhabitants in 1986 was 4 mated 450,600 burglary arrestees in motor vehicle theft rose 11 percent. percent higher than the previous year's 1986, 92 percent were males, 71 per• The 1986 national rate for property rate . The total estimated national loss cent were under 25 years of age, and crime, which relates crime volume to due to burglary was $3 .1 billion and 69 percent were white. population, was 4,863 offenses per the average loss was $960 per inci• LARCENY-THEFT-Larceny 100,000 population, a 5-percent higher dent. Two of every 3 burglaries were of thefts numbered an estimated rate than in 1985. residences. The average loss due to 7,257,153 offenses in 1986. This total BURGLARY-Over 3.2 million residential burglaries was $991 per of• was 5 percent higher than in 1985 na• burglary offenses were reported to law fense, while for nonresidential burgla• tionally, and increases were recorded enforcement agencies across the ries, it was $894. Seventy percent of in all regions and areas. The 1986 lar• country during 1986. The volume for all burglaries in 1986 involved forcible ceny-theft rate was 3,010 per 100,000 this offense was 5 percent higher than entry, 22 percent were unlawful en• inhabitants nationwide, 4 percent the 1985 total. Geographically, the tries, and the remainder were forcible higher than in 1985. Average losses Northeastern States showed virtually entry attempts. were $400 per incident, with a total na-

BURGLARY

­ NUMBER OF OFFENSES KNOWN DOWN 6% ,,_._.. RATE PER 100,000 INHABITANTS DOWN 10% +10 o '....-= _. 1 • - 10 --_._-_.-._._. _._.-.-.--• ._••,­ .­.' - 20

- 30 1982 1983 1984 1985 1986

LARCENY-THEFT

- NUMBER OF OFFENSES KNOWN UP 2% ._._.- RATE PER 100,000 INHABITANTS DOWN 2%

+ 20

+10 o .._,.-.,.,...... __ .._... - 10 '.,• _.-.-. _.-. ~. - 20 1982 1983 1984 1985 1986

8 / FBI Law Enforcement Bulletin tional loss due to larceny-theft esti- year. Of the arrestees, 58 percent ARSON­During 1986, 110,732 mated at $2.9 billion. An analysis of were under 21 years of age and 91 arson offenses were reported by the larceny­theft category showed that percent were males. Whites comprised 12,599 law enforcement agencies. The 37 percent of these offenses were 64 percent of the persons arrested and arson volume rose 6 percent in 1986 thefts of motor vehicle parts, accesso- blacks, 35 percent. over the 1985 total. Regionally, in­ ries , and contents. Thefts from build- ings and shoplifting each accounted for an additional 1 5 percent of the total. Twenty percent of the reported lar- ceny­thefts were cleared in 1986, and LARCENY ANALYSIS arrests for this offense were up 4 per- cent from the previous year. Females 1986 were arrested for larceny more often ----A ~~ ::::=- PURSE ­ SNATCHING 1% than for any other offense during the ~§§/ ~ I r ------~ POCKET ­ PICKING 1% year. Of all persons arrested for lar- t= ­­­­COIN MACHINES 1% ceny­theft, 46 percent were under 21 • SHOPLIFTING 15% years of age ; 68 percent, white ; and 88 BICYCLES B% percent, non­Hispanic. MOTOR VEHICLE THEFT­An estimated 1 of every 149 registered i­­­­­­­FROM MOTOR VEHICLES 21 % motor vehicles was stolen during 1986, and the national total of 1,224,137 of- fenses was 11 percent above the 1985 i­ ­­­­­FROM BUILDINGS 15% level. The increase extended into all regions, areas, and population groups. Of the motor vehicles stolen in 1986, 77 percent were automobiles, 14 i­ ­­­­­MOTOR VEHICLE ACCESSORIES 17% percent were trucks or buses, and the remainder were other types. The stolen vehicles accounted for an esti- mated $6 billion national loss. At the i­­­­­­­ALL OTHERS 22% time of theft, the average value per ve- hicle stolen was $4,888. The national clearance rate for motor vehicle theft was 15 percent. Ar- rests for this offense in 1986 were up 15 percent overall from the previous

MOTOR VEHICLE THEFT

­ NUMBER OF OFFENSES KNOWN UP 15% _._.- RATE PER 100,000 INHABITANTS UP 11 %

+20 r------~ ------.------.------~

+10

- 10r------~------~------~ ------~

- 20~------L------L------~------~ 1982 1983 1984 1985 1986

September 1987 I 9 creases were also recorded in the Mid- west (10 percent) and the South (8 ·'" percent). The West and Northeast, ..... MURDER BY MONTH VM,.lIon From A""t".' Ave/.pe however, recorded declines of 3 and 2 ·'" lue /'" ...... percent, respectively. The national ar- ­"""" , ./ • son rate was 53 per 100,000 '" ...... ", population. "" ,... Data based on reports from JAN. FEB . MAR. APR. MAY JUNE JULY AUG SEPT. OCT. NOV. DEC. 12,464 agencies furnishing at least 1 month of supplemental information in FORCIBLE RAPE BY MONTH 1986 showed that of the property tar- ., V.,lallon From Ann"e' Av.,~ - geted by arsonists, structures ac- ~ 19" ...... , ...... - counted for 55 percent, mobile ,,,, --- ...... property (motor vehicles, airplanes, ... /'" boats, etc.) for 28 percent, and other ---• '" JAN­­. FEB. MAR. APR . MAY JUNE JULY AUG. SEPT. OCT. NOV . DEC, types of property (crops, timber, etc.) for 17 percent. Sixty percent of the structural arsons involved residential ...... ROBBERY BY MONTH property, and 92 percent of the arsons V.rl.llon From AnnlJel Aver.g• .,'" ~ ...... ~ of mobile property involved motor vehi- .....1186'" cles. Averaging $13,198 per incident, ,,.., ­...... - the reported monetary value of prop- "" --- erty damaged due to arson was $1.2 30' JAN. FEB . MAR. APR . MAY JUNE JULY AUG. SEPT. OCT. NOV . DEC. billion. Fifteen percent of the arsons re- ported during 1986 were cleared. ·'" AGGRAVATED ASSAULT BY MONTH .", Demonstrating a higher percentage of ., ... V.,Ia/lon From A"IIl.l.' A"'.'.~ ...... juvenile involvement than for any other 1118 /'" ...... ~ ,­­- Index crime, only persons under age ". ­- ...... /' 18 accounted for 35 percent of all ar- "" ...... , "" son clearances. The estimated number JAN. FEB. MAR. APR . MAY JUNE JULY AUG. SEPT OCT. NOY . DEC of arrests for arson in 1986 totaled 18,700. Sixty­three percent of the ar- ...... restees were under 25 years of age BURGLARY BY MONTH Av.r.~ and 40 percent were under 18. Of all .,,.. V.,.etlon From Ann".1 1911 .-' ...... ­i arrestees, 86 percent were males and 4 ...... ,,...... / 75 percent were white. ­ ~

CRIME DISTRIBUTION JAN. FEB . MAR. APR . MAY JUNE JULY AUG. SEPT. OCT. NOY . DEC. Crime Index trends in the regions for 1986 revealed upswings in volumes ." LARCENY· THEFT BY MONTH which ranged from 3 percent in the V.,I.,lon From Annu.1 A ".,ep_ .,~ Northeast to 1 0 percent in the South. 1986 ...... In the Midwest, overall crime was up 4 ... ./ ~ percent and in the West, 6 percent. ,.. - - ­­- ­ Similar to the national experience, ... law enforcement agencies in suburban JAN. FEB. MAR . APR . MAY JUNE JULV AUG. SEPT. OCT. NOV. DEC. counties registered a 6­percent rise in volume in 1986. The Crime Index in- ."" MOTOR VEHICLE THEFT BY MONTH creases were 4 percent in the rural ·,,.. Vlrl.llon From Annu.' Avttrttt/tt counties and 7 percent in the Nation's 1186 .­" .".& --• cities...... ­ ,...-•--

JAN FEB MAR APR MAY JUNE JUlV AUG SEPT OCT NOV. DEC.

10 , FBI Law Enforcement Bulletin CRIME CLOCK one 1986 MURDER every 25 minutes

one FORCIBLE RAPE every 6 minutes

one VIOLENT CRIME one every 21 seconds ROBBERY every 58 seconds

one AGGRAVATED ASSAULT one every 38 seconds CRIME INDEX OFFENSE every 2 seconds one BURGLARY every 10 seconds

one one PROPERTY CRIME LARCENY-THEFT every 3 seconds every 4 seconds

one MOTOR VEHICLE THEFT every 26 seconds

The crime clock should be viewed with care. Being the most aggregate representation of UCR data, it is designed to convey the annual reported crime experience by showing the relative frequency of occurrence of the Index Offenses. This mode of display should not be taken to imply a regularity in the commission of the Part I Offenses; rather, it represents the annual ratio of crime to fixed time intervals.

September 1987 I 11 CLEARANCES AND ARRESTS Of the total Crime Index offenses recorded by law enforcement agencies during 1986, 21 percent were cleared. The violent crime clearance rate was 46 percent, while for property crime it was 17 percent. Among the Index crimes, the highest clearance rate (70 percent) was for murder and lowest (14 percent) for burglary. Nineteen per• CRIMES CLEARED BY ARREST cent of the overall offenses cleared by law enforcement involved only young 1986 people under age 18. Persons in this age group accounted for 9 percent of the violent crime clearances and 23 CRIMES OF VIOLENCE percent of those for property crimes. NOT CLEARED CLEARED Regional Crime Index clearance rates showed the highest rate (22 per• cent) was in the South. In the West, the rate was 21 percent; in the Mid• west, 20 percent; and in the Northeast, 19 percent.

ARRESTS During 1986, arrests for all of• fenses except traffic violations totaled an estimated 12.5 million. When the arrest volume was related to the total U.S. population, the arrest rate was 5,232 per 100,000 inhabitants. Region• CRIMES AGAINST PROPERTY ally, the arrest rates ranged from 4,180 in the Midwest to 5,978 in the West. In NOT CLEARED CLEARED the South, the arrest rate was 5,314 and in the Northeast, 5,402. The highest volume of arrests was recorded for driving under the influ• ence, 1.8 million. Males were most often arrested for this offense, which 20% accounted for 15 percent of all male arrests. Females were most often ar• rested for larceny-theft. Of all persons arrested nationwide in 1986, 5 percent were under the age of 15, 17 percent were under 18, 31 percent were under 21 , and 49 percent were under 25. Four of every 5 per• sons arrested were males, and 71 per• cent of all arrestees were white. Compared to the 1985 volume, the number of arrests for all offenses increased 5 percent in 1986. During the same time period, adult arrests also rose 5 percent, while those of per• sons under 18 years of age were up 3 percent.

12 / FBI Law Enforcement Bulletin Community Crime Prevention: Does It understand how the various programs BOOK Work? Dennis P Rosenbaum , ed. , vo l. were deSignated and implemented and 22 , SAGE Criminal Justice Annuals, how the evaluations represent the state SAGE Publications, 2111 West Hill• of the art in the field. REVIEW crest Drive, Newbury Park, CA 91320, Also, evaluations of crime preven• 318 pages, $14.95 paperback, $29 .95 tion through environmental design in cloth. Portland and security surveys in Den• This work describes and evaluates ver, St. Louis, and Long Beach, along several community crime prevention with articles on the McGruff anticrime programs: Citizen efforts to prevent re• campaign and police-community anti• sidential crime , foot patrol projects , crime campaign and police-community crime in commercial areas, community anticrime newsletters in Houston, New• anticrime newsletters and the McGruff ark, and Evanston are included. Impor• "Take a Bite Out of Crime" national me• tant public policy issues are directly ad• dia campaign. These are some of the dressed , so that the potential for elements of what has become known greater support that these programs over the last 20 years as community have can be determined to be of value policing. As editor Rosenbaum, a Ph . or not-"whether these programs actu• D. at Northwestern University, notes: ally produce the public and private ben• "Crime, incivility, and fear of crime con• efits that the mass media and other par• tinue to plague American cities at unac• ties so often claim they do," as the ceptably high levels ... since the 'war editor notes in chapter 1. on crime' began in the 1960's . .. there Rosenbaum goes on to say : has been a steady and growing recog• "There is still a paucity of solid evalua• nition that the police and the citizenry tion research addressing the basic are on the front line of this battle ...." questions of whether police-citizen Historically, of course, this was at least efforts to prevent crime and to enhance the second " war on crime. " J. Edgar the quality of neighborhood life can Hoover first used the phrase in 1925 make a difference ... nevertheless, the and it became popular in the 1930's. research reported herein should be Chapters in Community Crime Pre• viewed as a good starting point. " vention include the Seattle program of Thoughtful police officers and admin• citywide crime prevention, neighbor• istrators will agree, although the final hood-based antiburglary strategies in chapter, by a research analyst, takes a Portland, community organizing in Chi• more pessimistic view of community cago , the Newark foot patrol experi• policing " the ultimate prevention of ment by Antony Pate, who evaluated crime in urban communities may be this program for the Police Foundation, beyond the means of what can be and foot patrol in Flint, MI, sponsored 'done' within the current reality of public by the Neighborhood Foot Patrol Pro• policy." gram of Michigan State University and This work shows that these strat• evaluated by Robert C. Trojanowicz, egies do have an "impact on crime, in• part of which appeared in the Interna• civility, fear of crime, and other impor• tional Association of Chiefs of Police's tant indicators of the quality of life in Journal of Police Science and Admin• residential and commercial areas." istration. The contributors to this vol• Being a criminal justice practitioner, not ume have tried to address not only the a statistician, this reviewer tends to be academic criminal justice audience but impatient with the academic quest for also police practitioners , and com• laboratory conditions and certitude in munity policy makers, so that readers criminal justice social experiments. Thomas J. Deakin , J. D.

September 1987 I 13 Impact Fees: A Fiscal Response

H ••• the impact fee provides the revenues to keep pace with capital needs without burdening the taxpayers already residing in the jurisdiction."

By LT. BRUCE A. MILLS Police Department Dunedin, FL

One of the major issues which face the price paid to insure that the police year for law enforcement service police agencies in many jurisdictions is department will be able to furnish the through their taxes, then the impact fee the governing body's ability to provide same level of service that it gives other for new residents should equal the the capital, facilities , and equipment residents. same amount. Also, whatever equip• necessary to maintain an appropriate The need for these services begins ment is purchased should be used to level of law enforcement services. An • when new residents and businesses ar• provide equal service to the new growth nexations , new home construction , rive. However, there is usually a time area. commercial development, and a rapidly lapse before the new tax base provided In order to assess the proper im• growing population place added bur• by them can be used. The impact fee , pact fee, certain steps are recom• dens on the delivery of police service. an immediate revenue source, solves mended. First, the police department Often , it is the existing community this problem. Funds collected from im• must perform a capital asset inventory which bears the burden of the added pact fees are used to maintain the cur• of its buildings, vehicles, furniture, and costs. This results in tremendous ineq• rent level of service in the new growth all equipment at replacement cost. uities, since taxpayers are assessed for areas, not to add or improve services. These data may be available from such additional expenditures to new growth This, in turn, will allow the ad valorem sources as an insurance carrier or areas for which they are not taxes to be used for additional person• those in charge of inventory control. responsible. nel to provide new enforcement service Second, the number of existing re• Obviously, a more equitable throughout the community. sidential units in the agency's jurisdic• means of funding is needed to provide Since the impact fee is charged to tion must be determined. Because it is a consistent and equal level of law en• those responsible for the additional usually easier to charge commercial forcement service throughout the capital expenditures, two conditions "customers" on a square footage basis, growth areas. Since new development must be observed by the governing au• it is necessary to know the total square requires these additional governmental thority which levies the fee : footage of commercial structures, infor• services and facilities, it should bear the 1) The fee must be equal to that mation that can be obtained from the ju• responsibility for the capital costs re• which the existing community risdictional planning department or unit. lated to them. One solution is the as• members are paying for the same Next, the police department should sessment of impact fees. service through their taxes, and examine its own records to determine When a politician or a police chief 2) The equipment purchased must what percentage of its responses and hears the term "impact fee ," there is an be used solely for the benefit of service go to residential customers, automatic assumption that it is just an• the new residents or businesses commercial customers, and " other" other form of taxation which will dis• paying the fee . customers. " Other" customers are courage growth in their community. But those who do not live or do business in In other words, if existing residents in reality, an impact fee is not a tax. It is the jurisdiction, but who require law en• are paying $80 per residential unit per

14 I FBI Law Enforcement Bulletin ______Figure 1

$6,514,272 x 69% = $4,494,848 -i• 31,412 = $143/residential unit $6,514,272 x 22% = $1,433,140 -i• 11 ,500,000 = 12'/2 ¢/commercial sq. It.

forcement service, e.g., a tourist whose velopers and must be absorbed by the car is burglarized or two out-of• existing tax base . Ueutenant Mills jurisdiction drivers who have a traffic It is recommended that the impact accident. The police department should fee be reviewed and readjusted every use a random sample statistical method other year to reflect the jurisdiction's to obtain these data, since most agen• costs to provide capital services at that cies cannot categorize responses or time. One of the features of an impact calls for service without physically ex• fee is that it is self-adjusting ; a small amining the record and the annual vol• number of new structures does not sig• ume, at times, is prohibitive, unless the nificantly increase the need for addi• information has been computerized. tional equipment nor does it generate Then , using the data gathered, a considerable capital. Conversely, in a formula (capital asset inventory multi• rapidly growing jurisdiction, the impact plied by the use percentage divided by fee provides the revenues to keep pace unit measurement) is applied to estab• with capital needs without burdening lish the impact fee amount that will be the taxpayers already residing in the ju• charged to the developer of new risdiction . Then , as the community growth. For example, assume a police grows, the increased tax base can be department's capital asset inventory used to pay the costs associated with has a total replacement value of hiring additional police personnel. $6,514,272, the jurisdiction it serves Finally, many elected officials have has 31 ,412 residential units and expressed concern that the imposition 11,500,000 square feet of commercial of impact fees will eventually cause de• Director of Public Safety structures, and police service is 69 per• velopers to go elsewhere to build. That cent residential responses, 22 percent same concern has been expressed in commercial responses, and 9 percent every other jurisdiction where impact "other" responses. The procedure for fees have been assessed ; however, not establishing the impact fee is shown in one example can be cited where this figure 1. has been the result. As long as efficient The resulting figures correlate as and effective governmental services the cost to provide total police capital are provided in a community where a service to each existing residential unit high quality of life is available and taxes and commercial development within the are kept at a reasonable level , the juris• jurisdiction. The "other" response cate• diction can be expected to continue to gory cannot be charged to either the grow, irrespective of the presence of new residential or commercial de- impact fees.

______September 1987 / 15 An Introduction to the Serial Rapist Research by the FBI

By ROBERT R. HAZELWOOD, M.S. Special Agent Behavioral Science Instruction and Research Unit FBI Academy Quantico, VA and ANN W. BURGESS, R.N., D.N.Sc. van Amerigen Professor of Psychiatric Mental Health Nursing University of Pennsylvania Philadelphia, PA

From 1979 to 1981, a series of expensive automobile. The officer can number from as few as 2 to more rapes plagued the community members provided investigators with the license than 1 ~O , and each person who has and police agency of a large Southwest number he had noted earlier; a sur- suffered through a sexual assault has city. The rapist became increasingly vi- veillance was initiated, and the rapist felt the fear of losing her life. The effects olent in his attacks and successfufly was subsequently arrested. Could law of rape do not cease for the victim when eluded detection, despite the best enforcement have done anything to the offender leaves, but can last for efforts of law enforcement. He was identify the offender more quickly? weeks, months, or years .2 identified and later arrested through the From 1984 to 1985, the incidence Serial sexual offenders can create efforts of an alert officer who noted the of reported rapes increased by 3.7 per- a climate of fear in the entire com- license number of the rapist's car while cent. 1 This increase may be due to an munity, who then pressure law enforce- it was parked in a deserted shopping actual rise in the occurrence of the ment to identify, locate, and apprehend center near a victim's residence. The crime, to better reporting by law en- the responsible individual in the short- officer noted the license number be- forcement, or to more willingness on est possible time. The manpower re- cause the automobile was expensive the part of the victims to report the quired to accomplish this task can be and a prime target for thieves. A few crime. Regardless of the reason, statis- enormous. A police agency investigat- hours later, the officer heard about the tically, rape appears to be occurring ing a series of 18 rapes and 31 at- rape. He also learned that the victim's more frequently. tempted rapes dedicated 50 officers to car had been taken and abandoned in One of the most potent criminal in- a task force to stop the crimes. A cur- the parking area where he had seen the fluences to pervade our society is the rent investigation of a serial rapist (43 multiple, or serial , rapist. His victims

16 I FBI Law Enforcement Bulletin ______attacks to date) involves a task force of month period . The number of rapes more than 20 investigators, 5 support committed by those in the sample personnel , and the assistance of crime ranged from 10 to 59, and the mean technicians for 8 months. age of the offender at the time of inter- Unless the sexual assault occurs view was 35.2. The period of time that on Federal p~operty , the FBI's involve- the offenders raped before their first ar- ment in rape investigations is limited to rest ranged from 3 months to 12 years. training and providing investigative sup- Fifteen of the 41 rapists were in sex of- port when requested by the responsible fender treatment programs at the time law enforcement agency. This inves- of the interview. tigative support most often comes in the The purpose of this article is not to Special Agent Hazelwood form of criminal personality profiling. present conclusions or findings, but to Profilers predicate the profile of a acquaint the law enforcement com- serial rapist on core behavior exhibited munity with the type of research the by the offender while committing the of- NCAVC conducts. NCAVC's research fense. Core behavior is defined as the is unique because it represents the first verbal, sexual, and physical (force) ac- time anyone has studied serial and vio- tivity of the rapist.3 If well­documented, lent crime and offenders from a law en- it should provide the offender's underly- forcement perspective. In the past, ing motivation (power, anger, or a com- such research has been conducted bination of the two), and from this, a from a clinical or academic perspective, profile is developed. To keep the FBI 's which left questions vital to law enforce- training and investigative support as ment unanswered. The research team current and comprehensive as possi- will disseminate the findings of this ble, members of the FBI 's National study to law enforcement through future Center for the Analysis of Violent Crime issues of the FBI Law Enforcement (NCAVC) conducted research on the Bulletin and other professional journals, serial rapist­research designed to ad- as well as through lectures and courses dress those issues of concern to law taught by FBI personnel. This article will enforcement. present the goals of the research, the Funded by a grant from the Office criteria used in selecting the inter- of Juvenile Justice and Delinquency viewees, the methods used to conduct Prevention, the FBI's NCAVC joined the interviews, and a synopsis of one with a team led by Dr. Ann Burgess of interview that provides the reader with the University of Pennsylvania's School the type of information elicited from the of Nursing in a research project to learn rapists. more about the serial rapist. The same team recently completed similar re- Goals of the Research search on serial murderers. 4 Based on the experience of work- This research included interviews ing with police agencies , victims of with 41 incarcerated serial rapists re- rape, and the mental health community, sponsible for 837 rapes and more than the research team established seven EDITOR'S NOTE: Portions of this article were presented in tes• 400 attempted rapes . The interviews of specific goals: timony before the Subcommittee of the Commit• the 35 Caucasians, 5 Blacks, and 1 His- 1) To determine what measures the tee on Government Operations, April 9, 1986. panic took place in 12 States over a 20- offender used that allowed him to

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ September 1987 1 17 evade identification and ap- who had exhausted their judicial ap- prehension over a long period of peals. They did not consider attempted time; rapes and other types of sexual of- 2) To ascertain what, if anything, fenses when selecting the inter- law enforcement could have done viewees. to identify the rapist more quickly The researchers established the or cause him to cease his ac- criterion of 10 or more rapes for 3 rea- tivities and/or turn himself in ; sons. First, logic dictated that an indi- 3) To elicit advice from the rapists vidual who had raped 10 or more times on how to prevent rape , and sug- was quite successful in eluding law en- gestions about what a victim forcement. One of the goals of the re- Dr. Burgess should do or not do in a rape con- search was to determine how the rapist frontation ; accomplished this. The more­proficient offender can provide more­meaningful 4) To document the types of inter- information than the offender who had viewers and techniques that raped only once, twice, or three times would be most successful in the before getting caught. interrogation of subjects for pros- Second, the research team wanted ecution purposes; to learn if the serial rapist becomes pro- 5) To determine what role, if any, gressively more violent over time. They pornography and/or detective were much more likely to observe an magazines played in the crime escalation of violence with a larger (the detective magazine issue re- number of crimes to study. sulted from earlier research) ;5 Last, the investigators were inter- 6) To understand what features of ested to know what, if any, changes in the crime would provide inves- core behavior or method of operation tigators with the best information (MO) occur over time. This information as to the type of personality re- cannot always be observed in cases in- sponsible for the unsolved rape; volving a few offenses, and if observed, and cannot be documented as either atypi- 7) To determine what, if any, com- calor permanent behavioral changes. monalities exist in the back- While some might criticize the cri- grounds of serial offenders in terion of 10 or more rapes as not repre- rape , sexual murder, and child senting the typical rapist encountered sexual abduction. by law enforcement, they must consider As the team statistically analyzes and the hypothesis that all rapists are po- studies the results of the interviews, tential serial rapists ; some just get they certainly will address many addi- caught before they become serial tional areas of interest. offenders. Also, the serial rapist poses the greatest investigative challenge for Selection Criteria law enforcement. The researchers limited interviews The second criterion, exhaustion of of incarcerated offenders to those who all judicial appeals, was critical to the in- had committed 10 or more rapes and volvement of NCAVC personnel. FBI

18 / FBI Law Enforcement Bulletin ______"This research included interviews with 41 incarcerated serial rapists responsible for 837 rapes and more than 400 attempted rapes."

Special Agents conducted all the inter• experienced rapist is more likely to involved, both mentally and emo• views , and any pending appeals would steal items that are cumbersome and tionally. The SAs left interruptions for have legally precluded the interviewers more easily traced (e .g. , stereos, TVs, food and other reasons entirely up to from speaking to the offenders without VCRs) . The less-mature individual per• the offender. Surprisingly, few desired first advising them of their constitutional ceives such items as easily disposable, food breaks. Most preferred instead to rights. giving no thought to the fact that these continue the discussion. The team identified the rapists items are difficult to transport, hard to Areas of discussion included famil• meeting the criteria in a number of conceal , and easily traced. The more• ial and demographic information ; ways. Local, State, and county law en• mature or experienced rapist tends to education; employment; military his• forcement officers who had attended take money or jewelry. tory; hobbies and pastimes; marital his• the FBI National Academy helped iden• The SAs prepared for their inter• tory; sexual development; pre-offense, tify a large proportion of the sample, views by studying all available docu• offense, and post-offense behavior; in• and they provided invaluable assist• mentation pertaining to the rapists and vestigation and interrogation tech• ance to the research team, as did sev• their crimes. When necessary, they re• niques; and rape prevention and con• eral FBI Special Agents throughout the viewed this documentation with the per• frontation . Un ited States. Mental health profes• mission of the interviewees. The mate• Because of the large number of sionals involved in sex offender treat• rials included police investigative crimes involved, it would have been im• ment programs or affiliated with State reports, victim statements, pre-sen• possible to discuss the pre-offense, of• prisons, as well as prison authorities, tence investigation reports, medical fense, and post-offense behavior for also helped identify rapists willing to and mental health records, and perti• each crime. Therefore, the interviewers participate in the research . The re• nent prison records. focused on the first, a middle, and the search probably would have failed with• Two SAs then met each rapist in last assault in the offender's series of out the interagency and interdisciplin• the presence of a prison employee, nor• rapes. This technique proved to be ary cooperation that took place. mally a mental health professional , and quite successful in eliciting the desired explained the purpose and format of the information for a large number of The Research Interview interview. A statement regarding the crimes. Members of the NCA VC and other purpose and confidentiality of the inter• The Agents delayed asking about view that indicated the prisoner's con• sexual development and offense be• selected FBI Special Agents (SAs) , all havior until well into the interview, after of whom have advanced degrees or ex• sent to participate was signed and wit• tensive training in the behavioral sci• nessed. The SAs always provided a they had established rapport with the ences, conducted the 41 interviews. copy of the form to the prisoner. Only rapist. The offenders found these dis• three individuals declined interviews af• cussion areas the most troublesome. Traditionally, such research has been conducted from other than a law en • ter meeting with FBI Agents. The The interviewers had to continually de• forcement perspective. This research willingness of the rapists to participate velop techniques to overcome the offenders' reluctance to talk about cer• involved eliciting information of value to did not surprise the researchers, be• investigators tasked to solve the crime cause 36 sexual murderers had pre• tain topics. For example, when asked to of rape . The use of SAs as research in• viously agreed to FBI research inter• discuss his family, one offender replied , 6 terviewers combined investigative, in• views. " I can sum it up in one word-hate." The interviewers then asked him to de• terview, and behavioral science skills The interviews were open-ended fine hate as he was using the word, and not ordinarily found in violent offender and generally unstructured. In all but research . This proved very helpful in seven cases, the prisoner consented to the interview proceeded. extracting information that law enforce• having the conversations tape re• Finally, the SAs asked the offend• ers to critique the research interviews. ment can quickly put to investigative corded. The interviews, ranging from 4 112 to 12 112 hours in length, drained all Their comments or suggestions some• use. For example, the research has de• times proved helpful in structuring later termined that the less-mature or less•

______September1987 I 19 "[This research] represents the first time anyone has studied serial and violent crime and offenders from a law enforcement perspective. " interviews. For example, FBI Agents or from documentation. Though only a John stated that he was not phys• are trained to exhibit their credentials synopsis, it provides insight into the de• ically, emotionally, or sexually abused when meeting someone in an official velopment of a serial rapist and his be• as a child, but subsequent statements capacity. One of the first interviewees havior prior to , during, and after one proved the contrary. His mother had a told the Agents he believed the show of crime. The subject, whom we'll call violent temper, and he tried to avoid credentials to be an unwarranted dis• John, was not and had never been en• being punished by her. "She would hit play of power that made him feel un• rolled in a sex offender treatment pro• anywhere she could land and used comfortable. Needless to say, the gram. Those who were in such pro• belts, switches, or anything she could Agents showed their credentials only grams tended to use institutionalized lay her hand on. " John stated that most on request in future interviews. language. of his punishment consisted of spank• Immediately following the inter• ings with a belt and that he was in• view, the Agents completed a 70-page Family formed as to why he was being protocol that the research team had Born in 1944, John was one of punished . He related that his mother adapted from an instrument developed three children. He had a twin sister and frequently used a great deal of profanity for the serial murderer research . Tape a younger sister. His mother and step• toward him. She would say such things recordings of the interviews were tran• father raised him ; he didn't meet his as, "You little son of a bitch," or call him scribed and the transcriptions then natural father until he was in his late "bastard" or "asshole." " Even to this summarized for research use. The re• 20's. At the time of the interview, John day," he claimed, "she tries to manipu• searchers computerized hard data (sta• stated that he considers his natural fa• late people by putting them down or tistical information) and retained soft ther a casual friend. making them feel guilty." He identified data (narrative information) separately. John's step-father was a logger his mother as the dominant parent, in • As mentioned earlier, all involved and successful in this field until an in• dicating that she would " harp" at the were mentally and emotionally fatigued jury forced him to become a ware• step-father until he did what she after these interviews. One cannot houseman. The family moved several wanted. To get away from the fighting leave such an interview without experi• times during the stepfather's logging between his parents, John ran away encing a strong sense of sympathy for career, before settling in a city where from home on several occasions. the victims of rape and an occasional John spent his teenage years . The John advised his interviewers that feeling of empathy for the offender. mother became a waitress following her he has been a "loner" since early child• There were documented instances of husband's injury, but prior to that time, hood, and that as a child , his closest childhood physical , sexual , or emo• she had not worked outside the home. friends were relatives . He could not tional abuse suffered by some of the He was repeatedly in trouble with easily meet or interact with people and rapists. Those who read of such occur• his parents as a child, a fact for which still cannot do so today. rences, or watch a man cry as he de• he held his sisters responsible . They His childhood pastimes included scribes his father beating or raping his would violate family rules and place the hunting and fishing , building model mother in front of him, cannot help but blame on John. His relationship with his cars, and playing softball. As a child he feel a sense of outrage toward the par• parents was "at time explosive and at enjoyed reading comic books and the ents of the offender. Investigators must times rather close." When he went fish• Hardy Boy adventures. Adolph Hitler never cease to experience these es• ing or hunting with his step-father, the has always fascinated him. He said , sential human emotions. Without them , relationship was quite good, but when " I've never understood how he could a person will become callous and lose at home, he always " felt distant from have controlled so much with so little." effectiveness as an investigator or a re• them ." He stated, " It seemed that the John did not abuse alcohol as a searcher. only time they would talk to me was child. He went to church somewhat reg• when I was in trouble. " John believed ularly, but he could not recall the de• A CASE STUDY that his parents loved his younger sister nomination of the church . (the step-father's natural child) more The following case indicates the than him , and consequently, he be• Education type of offender interviewed and the in• came very jealous of her. John has a tested IQ (Wechsler) of formation obtained during the interview 125. He had to repeat the first grade be•

20 I FBI Law Enforcement Bulletin ______cause of his family's residential moves, He denied ever peeping on his ing his favorite pair of panties beneath but he was a good student between the mother , because " that's taboo. " his prison garb . When asked how he first and sixth grades and reported that However, he did peep on his aunt dur• obtained them, he said a female friend he enjoyed going to school during those ing pre-adolescence, and at the age of of his buys them , wears them for a years. 13, began window peeping. His goal while, and then mails them to him . In the seventh grade, outside inter• was to observe women in some state of He voluntarily sought psychiatric ests began interfering with school at• undress , preferably with panties on help for his obsession with panties after tendance. He preferred working on cars rather than nude. He continued to win• he left the Marine Corps . He said and shooting pool to going to school. dow peep until his final arrest. "What I was having problems with was When in school, he would become dis• He remembered a male cousin the fetish for women 's panties. I was ruptive and was suspended frequently, " messing around with my twin sister going through the problems of whether I which created further problems at and the two of them trying to talk me was a homosexual, what the hell was home. He had to repeat the seventh into having sex with my younger sister." the matter with me because I enjoyed grade. At the age of 16, he dropped out John, who was 9 or 10 at the time, did these things." of school. engage in fondling with his younger sis• John stated he didn't consciously After being arrested for check forg• ter, but felt guilty and stopped the ac• think about committing a rape until after ery, he briefly returned to school and re• tivity. He had been stealing panties off he had already done so. He went to a ported that he enjoyed it. However, at clotheslines, and at this age, he was woman's home seeking consensual the age of 17, he again left school and also caught in a woman's house while sex and used threats and physical force joined the Marines. At the age of 26, taking panties out of her dresser. to obtain the victim's compliance. Only while in prison, he obtained his GED. John began masturbating at the later did he realize that he had actually He stated , "I just came to the realization same age (9) he began the panty thefts. raped the woman. that I COUldn 't get very far without a He would either use panties to mastur• He experimented with homosex• GED. " At the time of interview John had bate with or fantasize about panties uality while in the Marines, but "realized accumulated 96 hours of college credit while masturbating. He stated that he that this wasn't the way I wanted to go, while in prison . masturbated on a daily basis. If he had this wasn't for me." • panties available, he would ejaculate Sexual Development onto them and "afterwards most times Military John can recall first becoming sex• I'd throw them away because once I John entered the Marines at the ually aware when he was 8 or 9 years of had achieved orgasm, then the panties age of 17 with the consent of his par• age. He remembers " being in a ditch would be a symbol of something ents. Although records indicate he ex• somewhere [with a female agemate] wrong. " He preferred used panties to celled in basic training and served 4 and trying to do it. " He could not recall new ones. When asked why, he replied, years, he left the service with a general who initiated the sexual activity. He "It seemed more intimate, like they had discharge. While in the military, he had stated that prior to this, a 16-year-old contact with a female ." If the panties " a little problem with authority " and female cousin took several male chil• belonged to someone he knew , he "didn't always do what I was told." He dren to a mountain cabin for mutual fon• found it more satisfying , because he served in Vietnam and was released dling, but they were caught. He recalls could associate a person 's body with from military service at the age of 21 . being spanked for this activity. the garment. He stated that cotton pan• He stated , "After I came back from Viet• The age of 9 seems to be sexually ties " did nothing for me. " He wanted nam and I got out of the Marine Corps, I significant for John. At this age, he be• them "silky and smooth." John began seemed hell bent on destruction." On gan having a fondness for female pan• wearing panties as a teenager, but one occasion, he was in a rage and put ties. He reported hiding under a table would wear them only until he ejacu• his arm through a car window. He re• so he could look up his sister's dresses lated . After a general discharge from qu ired 86 stiches. He fell out of a car while they did the dishes. He also would the Marine Corps, he began wearing traveling 40 mph and wrecked another attempt to see the panties of sitters who panties for extended periods of time. car while driving 130 mph. In the latter cared for him and his sisters. During the course of the interview, John incident, he suffered severe head inju• mentioned casually that he was wear•

______September 1987 I 21 "The researchers limited interviews of incarcerated offenders to those who had committed 10 or more rapes and who had exhausted their judicial appeals." ries. He stated, "Some folks think that's like that, because she was one of those wrong direction. " (The serial rapists what kind of deranged things back women that it was very difficult for her often told SA interviewers about their there, kind of got me goofy." to reach an orgasm. You had to work at desires to be in law enforcement. Per• it, you had to be there for quite a while. haps the perception of power and au• Employment Before it was always , wham , bam , thority associated with police work ap• John's employment record is er• thank you ma'am . That's all I knew. peals to them.) As a juvenile, John ratic at best. After his military service, With her it started becoming more satis• experienced minor problems with the he was employed as a logger, a truck fying, I guess. I'm not sure exactly why law because of his running away from driver, a factory worker, and a laborer in ... it was just mostly different positions home. When he was 16, he and friends home manufacturing. When asked why and ways of controlling the ebb and were arrested for check forgery. He he changed jobs so often, he replied, "I flow of the whole thing, I guess to where also stole gas and hubcaps as a juve• think basically, I got bored with the jobs. I could last longer to where she could nile. John was arrested several times I think a lot of it, too, was immaturity. I'd reach a climax. And I can remember for burglary, breaking and entering, and do the job for a while and then I didn't that that's where it really started be• on three occasions, rape. He has been like it no more, so I'd find some reason coming fun ." He divorced his third wife sentenced to prison for each of the rape to quit." after 3 years. offenses. He lived with his fourth wife but did John estimated that he had com• Sexual Activity in Marriage not marry her until after being im• mitted over 5,000 burglaries, primarily John married for the first time at prisoned for rape. Following his release to obtain panties to satisfy his fetish. He the age of 20, only because the girl was from prison, they remained together for reported that at times he would remain pregnant. He and his wife stayed at her 2 months. He advised that " sex was out all night attempting to steal panties. parents' home for a few days after the great, but it was like I had another war• He estimated that he stole valuables in wedding, but he realized that he didn't den or second parole officer." He and less than one-half of his burglaries . want to be married, " so we both went his fourth wife had a son, and after they John was responsible for 18 rapes , our own ways." A daughter was born of separated, he took custody of the child. most of which occurred as an after• that marriage. Sexual activity with his John married for the fifth and final thought during a panty theft. His current first wife was restricted to vaginal inter• time at the age of 32. He advised that sentence is for more than 15 years. course in the missionary position. sex with this wife was excellent and that Two years later, John met his sec• they were completely happy until he Pornography/Detective Magazines ond wife. They remained together for 2 told her about his fetish for panties. His As a teenager, John enjoyed look• years and had two sons. He stated that wife's knowledge of this fetish placed a ing at sunbathing magazines, which his irresponsibility led to the divorce. great deal of strain on the marriage, but "was all the pornography we had." To• Again, vaginal intercourse in the mis• they remained together until he was day he enjoys the more explicit material sionary position was the norm during again sent to prison for rape. She vis• available, but says, "It doesn't make me the marriage. ited him regularly , and they lived to• want to go out and do crazy things like At the age of 25, John met his third gether when he was released. Thirteen they say." wife at a bar. They lived together for ap• days after his release, he returned to He used to read detective maga• proximately 6 months and separated prison because of another rape, and zines frequently when he was in his " because we couldn 't stand each the relationship ended. twenties and early thirties. The stories other." John stated that "sex starting concerning rape interested him the getting a little creative. I started getting Criminal History most, and he read each one several into different areas. Not necessarily John talked of always wanting to times, using them for masturbatory fan• bondage or anything like that, just ex• be a police officer, but admitted, " I al• tasies. He didn't believe that the maga• perimenting in different ways of doing it. ways seemed to be running in the zine covers influenced his selection of a Learning how to last longer and things particular publication. He never enjoyed

22 I FBI Law Enforcement Bulletin ______the stories in which rape victi ms were the same evening, and she readily ad• done if the victims had resisted, John killed, stating, "None of my victims were mitted him to the residence . While indicated that he would have left be • ever harmed and for a person to kill using her bathroom, he took a pair of cause he didn't intend to hurt anyone. somebody after rap ing them , it just her panties and put them in his pocket. He stated, " Raping them is one thing. makes me mad." Obviously, John He sat beside the woman on her couch Beating on them is entirely something doesn't equate rape with harming a per• and attempted to fondle her, but the vic• else." He didn't feel that his victims son. None of his 18 rape victims was tim talked him into leaving. He drove could have prevented the attack, be• beaten , and John was proud of the fact around for a while and then returned to cause they were all in their homes that he had never " hurt" anybody dur• the residence. He entered through an alone, with the majority of them sleep• ing his assaults. unlocked door at the rear of the house ing when he initiated contact. and found her talking on the telephone. John's reaction to resistance may First Offense Without speaking, he " ... just kind of differ considerably from another rap• Pre-Offense: John was 24 years of jumped on her real fast and wrestled ist's, and his advice must not be gener• age at the time of his first rape offense. her to the floor and opened her house• alized to other rapists .7 He was married and having consensual coat. " When she screamed, he told her sexual relations with his second wife at to "shut the fuck up." Without speaking Interrogation Techniques the time . (Forty of the 41 rapists re• further, he vaginally assaulted her and The interviewers asked each rapist ported consensual sexual activities at reached orgasm very quickly. John ad• what type of person and technique the time they were raping.) At the time vised the interviewers that after the as• would be most successful with him in a of the offense, his friends would have sault, he was extremely remorseful and hostile interview situation ; that is, what described him as a hard-drinking, pro• began crying. The victim told him to just would most likely contribute to the rap• fane , "macho" individual who was noc• leave her home . He left and imme• ist's cooperation during an interrogation turna l. He was renting a home and diately returned to his home. regarding his culpability in rape of• drove a green 1957 Chrysler Windsor. Post-Offense: Following his return fenses. Although the car was 9 years old , he home, he worried that his wife would John stated that for him , the most took very good care of it. He found no find out about the attack and that he important feature about a police inter• particular pleasure in driving and drove would go to jail. He began drinking rogation would be the detective's atti• only when he had to go someplace. more heavily in an attempt to alleviate tude. "If he walked in real cocky and be• On the evening of the rape , his wife the fear and guilt he was experiencing. littling, I would not cooperate ." While was away from home . He had been He stated, "I know it created a feeling of the race of the detective would not con• drinking with some friends, " ... figuring guilt that caused problems between my cern him, he would be less likely to co• I cou ld get some satisfaction." A friend wife and I because I knew I had done operate with a female because he and he went to a home where the friend something wrong . But I didn't know how would feel embarrassed and self-con• had sex with a babysitter who was pres• to go back and rectify it or undo it. I scious. ent. He and his friend returned to a bar would get uptight and upset real easy The detective's accent would not and continued to drink. and I'd get mad and it wasn 't nothing influence John 's cooperation, but he Offense : After dropping off his she had done." Acting out of character, believed he would be more comfortable friend , John decided to return to the John began staying at home, leaving with a person dressed in casual clothes babysitter and have sex also. He was only to go to work. He didn't miss work as opposed to a uniform. He said that very intoxicated at the time. When he following the attack and his personal the interviewer would have to be on an arrived at the home, he discovered that appearance remained normal. John did intellectual par with him and that he the babysitter had left, and the mother not commit another rape for 5 years. would be more likely to talk with the of• of the child, a woman in her early twen• ficer during nighttime hours. He advised Rape Resistance and Prevention ties, was at the residence. She was that he becomes angry when others wearing a housecoat when he knocked When asked what he would have violate his space and believes that an in• on the door. They had met at a party on terviewer should maintain a comfortable

______September 1987 I 23 "The serial rapist injures the lives of an untold number of victims and is responsible for the expenditure of money, time, and manpower by the law enforcement community." distance, with nothing between them. As previously mentioned, the case Footnotes He would feel uncomfortable in any lo• presented here was greatly reduced 'Crime in the United States-1985, Federal Bureau of Investigation, (Washington, DC: U.S. Government Printing cation , but because of the embarrass• because of limited space. The tran• Office, 1986). ment he would experience, he believes scription of the interview was more than 2A. W. Burgess and L. L. Holstrom, " Rape Trauma Syndrome,.· American Journal of Psychiatry, vol. 131 , the environment should be private. He 140 pages. Nonetheless, this summary 1974, pp. 982- 986. stated that intimidating moves by of• of John's case does reveal the type of 3R . R. Hazelwood, ·'The Behavior-Oriented Interview ficers anger him and cause him to information gathered during the re• of Rape Victims: The Key to Profiling,"' FBI Law Enforce• ment Bulletin, vol. 52, No.9, September 1983, pp. 8-15. cease conversation . search interviews. 'R. K. Ressler, J. E. Douglas, and A. W. Burgess, This advice is, of course, provided ·· Rape and Rape-Murder: One Offender and Twelve Vic• by only one offender and will not apply SUMMARY tims, ,. American Journal of Psychiatry, vol. 140, 1983, pp. 3&-40; Violent Crime (Special Issue), FBI Law Enforce• to all situations. The NCAVC has conducted re• ment Bulletin, vol. 54, No. 8, August 1985. search on violent serial offenders since sP.E. Dietz, B. Harry, and R. R. Hazelwood, "Detec• Sex Offender Hotline tive Magazines: Pornography for the Sexual Sadist?" Jour• 1978. The serial rapist injures the lives nal of Forensic SCiences, vol. 31 , 1986, pp. 197- 211. During one of the initial interviews, of an untold number of victims and is re• 0Violent Crime (Special Issue), supra note 4. the rapist (not John) was asked what, if sponsible for the expenditure of money, 7R. R. Hazelwood and J. A. Harpold, ·· RAPE: The Danger of Providing Confrontational Advice"· FBI Law En• anything , the criminal justice system time , and manpower by the law en• forcement BulleM. vol. 55, No. 6, June 1986, pp. 1- 5. could have done to have persuaded forcement community . Although not him to turn himself in. His surprising re• generally responsible for the investiga• sponse was, " Have you thought about tion of the crime of rape, the FBI is as• a hotline? You 've got hotlines for runa• sisting local law enforcement commu• ways, drug abusers, rape victims, and nities' efforts by conducting research of suicidal individuals. Why not one for the nature addressed in this article. The people who have committed or are con• results of this and other research stud• templating committing deviant criminal ies by the FBI will be used in training sexual acts? You know, I didn't just programs throughout the United States start raping. I have had sexual fantasies and in the preparation of criminal per• about kidnaping a woman and making sonality profiles. her my slave since I was a teenager. I With the interviews of 41 serial rap• knew it wasn't normal at the time, but ists completed, the statistical analysis who could I talk to about it? Not my par• of the data continues. Though primarily ents or my friends or anyone else. They intended for the law enforcement com• would have thought I was crazy or munity, the project team anticipates sick." that the results of this research will en• From that point on , interviewers hance the knowledge of all profes• asked all the rapists about a hotline for sionals who must deal with the offense, offenders. When the SAs asked John the offender, and the victims of rape. this question, he replied , "I don't know if I would have used a hotline because so many of them [the rapes] were so spon• taneous and unprepared. If I would have, it would have been after the fact. After I committed the assault." Many of the other rapists inteviewed responded more positively to the hotline issue than John.

24 / FBI Law Enforcement Bulletin ______The Inventory Search (Conclusion)

By PRACTICAL APPLICATION: THE the Court upheld the seizure of clothing JOHN C. HALL CONSTITUTIONAL REQUIREMENTS from an arrestee several hours follow• ing his incarceration, stating: Special Agent As noted in part I, the privacy inter• FBI Academy ests normally associated with an indi• "With or without probable cause, the Legal Counsel Division vidual's personal property are generally authorities were entitled not only to Federal Bureau of Investigation outweighed by legitimate governmental search [the arrestee's) clothing but Quantico, VA interests in protecting the individual's also to take it from him and keep it in property, protecting the police from official custody. "34 claims, protecting the public and the po• Somewhat different considerations Law enforcement officers of other than lice from danger, and verifying the iden• arise with automobiles and other kinds Federal jurisdiction who are interested tity of a property owner. Nevertheless, of property not closely associated with in any legal issue discussed in this arti• any seizure and search of property by the person, and the legality of the sei• cle should consult their legal adviser. the police must comport with the rea• zure is critical. One State court de• Some police procedures ruled permis• sonableness standard of the fourth scribed the issue succinctly: sible under Federal constitutional law amendment. The issues most fre• " In determining whether an inventory are of questionable legality under State quently raised are: (1) The lawfulness search is proper and reasonable, the law or are not permitted at a/l. of the seizure; (2) the scope of the in• threshold question is whether the ventory; and (3) compliance with stand• prior impoundment was proper, ardized procedures. These issues will since the need and justification for Part I of this article reviewed the now be considered in detail. historical and philosophical basis for the inventory arises from the im• poundment. "35 the inventory search and discussed the The Lawful Seizure of Property Various circumstances may lead to important governmental interests which According to the Supreme Court, a police seizure of vehicles. Police may justify such action . This segment will fourth amendment seizure of property seize a vehicle which is subject to statu• focus on the practical aspects, with occurs "when there is some meaningful tory forfeiture. Similarly, vehicles may emphasis on the specific requirements interference with an individual'S pos• necessary to satisfy the " reasonable• sessory interests in that property."31 be lawfully seized by the police when there is probable cause to believe that ness" standard of the fourth amend• Because an inventory generally follows the vehicle constitutes or contains evi• ment to the U.S. Constitution. a "seizure" of property by police, that dence of crime. In the noninvestigatory seizure must be reasonable in order for context, however, the lawful authority of the following search to meet fourth police to seize a vehicle depends upon amendment standards. the performance of some "community The lawfulness of the seizure of caretaking" function. In v. personal property from an individual South Dakota the Supreme Court rec• who has been arrested will depend on Opperman,36 ognized this authority: the legality of the arrest. Assuming the arrest to be lawful, the Supreme Court "The authority of police to seize and has held that "it is entirely proper for po• remove from the streets vehicles im• lice to remove and inventory property peding traffic or threatening public found on the person or in the posses• safety and convenience is beyond sion of an arrested person who is challenge."37 jailed."32In United States v. Edwards,33

______-::-c-______September 1987 / 25 In Opperman, the police had arrangements would have been possi• towed an illegally parked automobile ble, the Court cited the language of an• under circumstances where the owner other of its recent inventory cases: " was not present to make other ar• " ... [the) real question is not what rangements for the safekeeping of his 'could have been achieved', but belongings."38 The Opperman decision whether the Fourth Amendment re• did not make clear whether the result quires such steps .... The reason• would have been different had the ableness of any particular govern• owner been available to make other ar• ment activity does not necessarily or rangements for the safekeeping of his invariably turn on the existence of al• property, and many lower courts as• ternative 'less intrusive' means."42 Special Agent Hall sumed that it would. Typical was a case The Court concluded that " reasonable decided by the Washington Supreme police regulations relating to inventory Court involving the arrest of a motorist procedures administered in good faith for a traffic violation . His car was im• satisfy the Fourth Amendment, even pounded by the police despite the avail• though courts might as a matter of ability of a friend to care for the vehicle. hindsight be able to devise equally rea• An inventory uncovered contraband, sonable rules requiring a different pro• and the motorist was prosecuted. In cedure."43 overturning his conviction, the Wash• ington court concluded: The Scope of the Inventory Search "It is unreasonable to impound a cit• As a general principle, any war• izen's vehicle following his or her ar• rantless search, to be reasonable under rest when there is no probable the fourth amendment, must be strictly cause to seize the car and where a tailored to accomplish the purposes reasonable alternative to impound• which justified it in the first place. This is ment exists."39 true of the inventory search as well. Apparently relying on the language in Therefore, an inventory should go no Opperman, many lower courts have further than necessary to accomplish considered the reasonableness of an the legitimate governmental needs rec• impoundment to be affected by the ognized by the Supreme Court: Protec• availability of alternatives. tion of the owner's property; protection The Supreme Court has recently of the police from claims and disputes cast serious doubt on the constitutional over stolen or lost valuables; protection necessity of that approach. Reviewing of the public and police from dangerous a State court decision40 which sup• items or instrumentalities; and to assist pressed contraband discovered during in verifying the identity of the property the inventory of a vehicle, the Court owner. considered the question whether the in• With that general principle-and ventory was unreasonable, in part, be• those goals-in mind, a brief review of cause the owner "could have been of• the three major inventory cases will be fered the opportunity to make other instructive. It may also be interesting to arrangements for the safekeeping of his observe the manner in which major property."41 constitutional rules frequently evolve The Court rejected the idea that through a gradual, case-by-case proc• the fourth amendment requires the po• ess. lice to provide alternatives to the vehi• cle owner. Noting that giving the vehicle owner an opportunity to make alternate

26 I FBI Law Enforcement Bulletin ______H ' • •• reasonable police regulations relating to inventory procedures administered in good faith satisfy the Fourth Amendment. ...'"

South Dakota v. Opperman-Ve• held that there is a greater expectation that the fourth amendment would per• hicles of privacy in a shoulder bag than there mit inventories of lawfully impounded In the 1976 decision of South Da• is an automObile, and concluded that automobiles, as well as the personal kota v. Opperman,44 the police inven• the police interests could have been property-including containers-taken tory extended into the interior of a met in a less-intrusive manner by "seal• from a lawfully arrested person. At least locked and impounded automobile, in• ing [the shoulder bag] within a plastic one more Supreme Court decision cluding an unlocked glove compart• bag or box and placing it in a secured would be required to resolve the re• ment where marijuana was discovered. locker."48 maining questions. It was not long in The Supreme Court upheld that search, The Supreme Court reversed the coming. noting that lower courts had " recog• State court and upheld the inventory. Colorado v. Bertine-Containers in nized that standard inventories often in• After reviewing the governmental inter• vehicles ests served by the inventory of property clude an examination of the glove com• In January 1987, the Court decided within its custody, the Court held: partment, since it is a customary place the case of Colorado v. Bertine. 51 A po• for documents of ownership and regis• "It is evident that a station-house lice officer in Boulder, CO, arrested Ste• tration . .. as well as a place for the tem• search of every item carried on or by ven Lee Bertine for driving his van while porary storage of valuables. "45 a person who has lawfully been under the influence of alcohol. An in• The trunk area of the automobile taken into custody by the police will ventory of the van located a closed was not an issue before the Court in amply serve the important and legiti• backpack behind the front seat. Inside Opperman and so the Court did not dis• mate governmental interest in• the pack was a nylon bag containing volved."49 cuss it. The vast majority of courts, metal canisters. Inside the canisters the however, have since taken the position With respect to the State court's officer discovered cocaine, metha• that the trunk area, like the interior and holding that less-intrusive means• qualone tablets, cocaine paraphernalia, glove compartment, is a common re• such as sealing and storing the bag• and $700 in cash. Inside a sealed en• pository for personal property, and could have satisfied those interests, the velope, which was found in an outside therefore, within the scope of a lawful Court stated: zippered pouch, he found an additional inventory.46 That view appears to be "Even if less intrusive means existed $210. Bertine was charged with driving entirely consistent with the Supreme of protecting some particular types while under the influence of alcohol, un• Court's holdings. of property, it would be unreason• lawful possession of cocaine with intent Moreover, whether the glove com• able to expect police officers in the to distribute, and unlawful possession partment or trunk is locked does not ap• everyday course of business to of methaqualone. pear to be a relevant issue. In Opper• make fine and subtle distinctions in The trial court noted that the im• man, the entire car was locked. deciding which containers or items poundment and ensuing inventory were Illinois v. Lafayette-Containers may be searched and which must be reasonable under the fourth amend• In 1983, the Court decided Illinois sealed as a unit. "SO ment to the U.S. Constitution, but v. LafayetteY An issue which had not Thus, the same principles which granted Bertine's motion to suppress been considered in Opperman was justified the inventory of the vehicle in on the ground that the evidence was whether the fourth amendment permits Opperman also justified the inventory discovered in violation of the State con• the inventory of the contents of per• of the shoulder bag in Lafayette. stitution. The Colorado Supreme Court sonal containers . A police officer in Although not specifically ad• gratuitously provided the prosecutor Kankakee, IL, arrested Ralph Lafayette dressed by the Court in Lafayette , its with a basis for appealing to the U.S. for disturbing the peace at a local the• decision implied that the inventory Supreme Court by holding that the in• ater. At the time of his arrest, Lafayette could permissibly extend into separate ventory search violated the U.S. Consti• was carrying a purse-type shoulder bag containers located inside a lawfully im• tution as well. The State supreme court which he took with him to the police sta• pounded vehicle, and the language of based its ruling, in part, on the theory tion. An inventory of the contents of the the case seemed to make no allowance that the privacy interests in closed con• bag uncovered 10 amphetamine pills for the container being locked or seal• tainers are greater than in automobiles, inside the wrapper of a cigarette pack• ed. Consequently, the lower courts and that unlike Lafayette, there was no age. In ruling the inventory invalid, the were divided. All that could be clearly danger that contraband or weapons State court distinguished Opperman, said after Opperman and Lafayette was would be introduced into a jail facility.

------______September 1987 / 27 Moreover, the court considered it nec• the fact that such items are locked or removing a heavy decisionmaking bur• essary, as a preliminary to the inventory sealed. Such broad and clear scope ap• den from the officers but they also of a container, for the police to weigh pears necessary to accomplish the dual provide greater protection to the privacy the individual's privacy in a particular purpose of satisfying the legitimate gov• interests of the citizen by minimizing container against the possibility that the ernmental interests recognized by the police discretion. This limitation on po• container might be a repository for dan• courts, and at the same time, providing lice discretion "ensures that inventory gerous or valuable items. a "single familiar standard to guide po• searches will not be used as a purpose• The Supreme Court disagreed with lice officers ."54 ful and general means of discovering the conclusion of the Colorado courts evidence of crime ."58 on virtually every point, including the Standardized Procedures Given the variations in statutory and case law among the States, it is scope of the inventory. Citing, by anal• Given this broad authority to con• hardly feasible to suggest a detailed ogy, another of its recent cases, the duct inventory searches, it is under• policy statement which would have uni• Court quoted the following pertinent standable that the courts closely scruti• versal application. However, certain language: nize police inventory practices to general points may be drawn from the '''When a legitimate search is under assure that they are not investigatory cases which can assist in tailoring a way, and when its purpose and its searches for evidence of criminal ac• specific agency policy. For instance, limits have been precisely defined, tivity disguised as caretaking functions. standardized procedures should en• nice distinctions between closets, As a safeguard, the Supreme Court has compass guidelines for determining drawers, and containers, in the case emphasized the "requirement that in• when property is to be seized, whether of a home, or between glove com• ventories be conducted according to an inventory is to be conducted, and the partments, upholstered seats, standardized criteria. "55 Conversely, scope of the ensuing search . trunks, and wrapped packages, in "reasonable police regulations relating the case of a vehicle, must give way to inventory procedures administered in Seizure to the interest in the prompt and effi• good faith satisfy the Fourth Amend• It has been previously noted that cient completion of the task at ment. .. ."56 items of property on or in the posses• hand .' "52 If the governmental interests in sion of a person lawfully under arrest The Court added: conducting inventories are indeed legit• are lawfully seized by virtue of the ar• imate, then presumably they arise "We affirm these principles here .... rest, and no decision as to their seizure whenever the police are faced with the While both Opperman and Lafayette is necessary. But property not falling need to safeguard the property of an• are distinguishable from the present within that category presents different case on their facts, we think that the other. Failure to establish regular pro• cedures creates the risk of confusion problems for the police. The most ob• principles enunciated in those cases vious example is the disposition to be govern the present case. "53 and inconsistent actions by the police, with the result that neither the govern• made of a motor vehicle following the These three cases provide a fairly mental interests nor the property and arrest of the operator. Absent some broad and clear definition of the proper privacy interests of the individual are lawful justification for seizing the vehi• scope of an inventory search. In light of protected ; and in those instances cle--e.g., probable cause to believe the these decisions, it seems logical to con• where police discover evidence of vehicle constitutes or contains evi• clude that an inventory may extend to crime during an inventory, serious dence-the police must determine its any lawfully seized personal property questions of good faith can arise. disposition. That determination should wherein valuables or dangerous items be guided by standardized procedures. Standardized procedures provide might reasonably be located. This The circumstances under which guidance to police officers "who have would encompass the interior of vehi• only limited time and expertise to reflect impoundment will occur, possible alter• cles (including glove compartments, on and balance the social and individ• natives to impoundment, factors to be trunks, etc.), as well as other personal ual interests involved in the specific cir• considered by officers in deciding property (e.g., purses, luggage, pack• cumstances they confront. "57 Such pro• whether to offer alternative arrange• ages, etc.), and is not constrained by cedures not only assist the police by ments to the arrestee-e.g., the avail•

28 / FBI Law Enforcement Bulletin ______H ••• courts closely scrutinize police inventory practices to assure that they are not investigatory searches for evidence of criminal activity disguised as caretaking functions." ability of a licensed driver to take influence of alcohol.) The Court con• ria. The simplest policy would be to custody, the feasibility oi leaving the ve• cluded : mandate an inventory of all personal hicle parked and locked in a safe area, "Here, the discretion afforded the property within police custody. and the mental capacity of the arrestee Boulder police was exercised in light to make rational judgments-all of of standardized criteria, related to Scope of th e inventory these points should be considered in the feasibility and appropriateness of As noted above, once an inventory the establishment of an inventory pol• parking and locking a vehicle rather is undertaken, its scope must be rea• icy. The availability of a licensed driver than impounding it. There was no sonable under fourth amendment may solve the problem in most cases. showing that the police chose to im• standards. The scope should also be In the absence of someone to take con• pound Bertine's van in order to in• defined as a part of the standardized trol of the vehicle for the owner, caution vestigate suspected criminal proced ures. The importance of this should be exercised in accepting alter• activity. "61 pOint is clear in the Supreme Court de• natives to impoundment. cisions. In Colorado v. Bertine,59 the police Inventory In South Dakota v. Opperman,63 impounded the vehicle without offering Once property has been lawfully the Supreme Court upheld the inven• an alternative to the driver. The Su• seized by police, the Supreme Court tory of the interior of a locked and im• preme Court made it clear that while of• holds that important governmental in• pounded automobile, observing that fering the arrestee an alternative was terests justify an inventory of that prop• deference must be accorded to police undoubtedly possible, it was not re• erty. But like the seizure itself, the ques• caretaking procedures designed to se• quired, and in fact, may not address the tion whether to inventory should also be cure and protect vehicles and their con• legitimate interests in protecting the governed by standardized procedures. tents within police custody. The Court property, the public, or the police. Fur• As the cases illustrate, whenever an in• further observed that standardized pro• thermore, the Court indicated that some ventory uncovers evidence of crime, cedures followed by the police tended degree of discretion left to the police in the defendant will invariably argue that to "ensure that the intrusion would be deciding whether to impound or park the inventory was not necessary and limited in scope to the extent necessary and lock a vehicle does not automat• that less-intrusive means were avail• to carry out the caretaking function ."64 ically render a policy defective: able to the police. In Bertine, for exam• In Illinois v. Lafayette,65 the Court "Nothing in Opperman or Lafayette ple, the State court considered the in• upheld the inventory of the contents of prohibits the exercise of police dis• ventory of Bertine's van to be a shoulder bag taken from a person cretion so long as that discretion is unreasonable because the van was who was under arrest and to be incar• exercised according to standard cri• towed to a secured, lighted facility. The cerated. The Court held that "it is not teria and on the basis of something State court made the point that those 'unreasonable' for police, as part of the other than suspicion of evidence of factors reduced the risk of theft or van• rout ine procedure incident to incar• criminal activity."60 dalism and made the inventory unnec• cerating an arrested person, to search The Court noted that the police di• essary. The Supreme Court was not im• any container or article in his posses• rectives established several conditions pressed, noting that "the security of the sion, in accordance with established in• which were necessary before an officer storage facility does not completely ventory procedures. "66 could pursue the park-and-Iock alterna• eliminate the need for inventorying ; the And finally , in Colorado v. Ber• tive to impoundment. For example, the police may still wish to protect them• tine ,67 the Court approved the inventory policy did not approve the park-and• selves or the owners of the lot against of the contents of closed , and even seal• lock alternative if there existed a rea• false claims of theft or dangerous in• ed , containers found inside an im • sonable risk of damage or vandalism to strumentalities. "62 pounded vehicle, noting that the police the vehicle or where the approval of the The Supreme Court has rejected department's procedures " mandated arrestee could not be obtained . (It the need to consider the existence of the opening of closed containers and should be remembered that Bertine less-intrusive means of protecting the the listing of their contents. "68 Further was arrested for driving while under the police and the property in their custody, emphasis was given to this point by while repeatedly emphasizing the re• Justice Blackmun in his concurring quirement that inventories be con• opinion : ducted according to standardized crite•

______5eptember 1987 I 29 "... one of the most important points to note is that reasonable standardized procedures provide an objective basis for conducting inventory searches."

"Thus, it is permissible for police of• suant to standard procedures dis• custody by the police. ficers to open closed containers in covered marijuana in the defendant's To assure good faith application of an inventory search only if they are pocket. The court declined to dis• this community caretaking function, following standard police procedures tinguish between an arrest and a civil standardized inventory procedures that mandate the opening of such detention insofar as an inventory should be established which guide the containers in every impounded vehi• search applied: discretion of the police, and thereby en• cle ."69 "Inventory searches have been up• sure that inventory searches will not be The requirement that inventory held not because of their relationship used as a purposeful and general searches be governed by "standard• to an arrest, but because of their re• means of discovering evidence of ized procedures" does not suggest the lationship to legitimate custodial pur• crime. need for a highly detailed statement de• poses."73 signed to anticipate every possible con• Footnotes Regarding the question whether the 3' United States v. Jacobson , 466 U.S. 109,113 tingency. On the contrary, just as the search was motivated by a suspicion (1984). 32/11inois v. Lafayette, 462 U.S. 640, 646 (1983). Supreme Court decisions have empha• that the defendant possessed contra• 33United States v. Edwards, 415 U.S. 800 (1974). sized the need for "bright-line" rules to band, the court stated : "'d. al 804. 35People v. Schultz, 418 N.E.2d 6, 9 (III. 1981). clearly guide police actions, an inven• "The mere suspicion that contra• 36428 U.S. 364 (1976). tory policy should have the same objec• 371d. at 369. band and or evidence will be found 3Il1d. tive. will not invalidate an otherwise valid 39Sta/e v. Houser, 622 P.2d 1218, 1225 (1981). Perhaps one of the most important 4OPeopie v. Berline, 706 P.2d 41 t (Colo. 1985). inventory search conducted pur• points to note is that reasonable stand• 4"d. a14 t 5. suant to standard jail house proce• 42Co/orado v. Berline, 931.Ed.2d 739, 747 (1987), cit• ardized procedures provide an objec• ing Illinois v. Lafayelle, 462 U.S. 640, 647 (1983). dures."74 'lId. tive basis for conducting inventory "Supra. searches. When those procedures ex• Reasonable, standardized proce• 451d. at 376. dures accomplish several important 46See, e.g., United States v. Wilson , 758 F.2d 304 (8th ist, and when they are followed, the Cir. 1985); see also, United States v. Staller, 616 F.2d 1264 goals: By guiding the actions of officers (5th Cir. 1980). cerr. denied, 449 U.S. 869 (1980). subjective intent of an individual officer 47Supra. should be irrelevant to a court's deter• through objective criteria, they serve to 48People V. Lafayette, 425 N.E.2d 1383, 1386 (III. safeguard both individual and govern• 1983). mination of the reasonableness of the 49/11inois v. Lafayelle, supra note 42, at 648. search. Two recent cases-one Fed• mental interests. By ensuring " good SOld. faith" on the part of police, they also 51 Supra. eral , one State-make this point 52ld. at 747. Citing, United States v. Ross, 456 U.S. clearly. satisfy the fourth amendment standard 798, 821 (1981) ; but see State v. Casteel, 392 N.W.2d 168 5 (Iowa App. 1986). In United States v. Trullo,70 a rou• of reasonableness .1 53 ld. a1748. tine vehicle inventory uncovered co• 54New York V. Belton, 453 U.S. 454, 458 (1981). CONCLUSION 55Colorado V. Berrine, supra note 42, at 747. caine inside a tin which was disguised SlJ ld. a1747. as a motor oil can. In considering There can be no disputing the fact 571d. at 748, quoting New York v. Belton, supra note 54. whether the officer suspected the pres• that the fourth amendment to the U.S. said. at 749 (Blackmun, J., concurring). ence of contraband before opening the Constitution permits the inventory of 59Supra. fJ()ld. at 748. tin , the Federal appellate court stated: property lawfully within police custody. 6'ld. The inventory is justified by the legiti• 62ld. at 747. "As long as a container is ostensibly 63Supra. searchable for inventorying, it is im• mate interests in protecting the owner's 64ld. at 368. property, protecting the police from 65Supra. proper for a court to make inquiry as Mid. at 648. to the officer's subjective thoughts claims and disputes , protecting the 67Supra. public and the police from dangerous 68ld. footnote 6 at 747. on a piece by piece basis .... The 69ld. at 749. instrumentalities which might be in the 70790 F.2d 205 (1stCir. 1986). test must be one of objective rea• property, and assisting in identifying the 7' ld. at 206. See also, Wagner v. Higgins, 754 F.2d sonableness, not subjective state of 186 (6th Cir. 1985). owner of the property. The scope of an 72711 S.W.2d 508 (Mo. 1986). mind."71 73ld. at 511 . In State v. Friend, 72 the defendant inventory may include impounded vehi• 7·ld. cles and their contents-including 75See, e.g. , United States v. Wilson, 758 U.S. 304 (8th was detained pursuant to a State stat• Cir. 1985); United States v. Maldonado, 735 F.2d 809 (5th ute authorizing "civil" detention for up closed or sealed containers-as well as Cir. 1984); and United States V. Johnson, 734 F.2d 503 (10th Cir. 1984). See also, State v. Badgett, 512 A.2d 160 to 12 hours of a person believed to be every item carried on or by a person (Conn. 1986); and Hili v. United States, 512 A.2d 269 (D.C. intoxicated. A search conducted pur• who has lawfully been taken into App. 1986).

30 / FBI Law Enforcement Bulletin ______WANTED BY THE lJ5l g3lJ

Any person having information which might assist In locating these fugllives IS requested to notify Immediately the Dlfector of the Feceral Bureau of In• vestigallOn, U.S, Department of Justice, Washington, DC 20535, or the Special Agent in Charge of the nearest FBI field office, the telephone number of which appears on Ihe first page of most local directones, Because of the time factor In printing the FBI Law Enforcement Bulletin, there IS the posslblilty that these fugitives have already been apprehended, The nearest office of the FBI Will have current InformallOn on the fugitives status

Photograph taken 1985 Date photograph taken unknown

Mickey Lee Davis, Sr_, also known as Mickey Lee David, Mickey Photographs taken 1979 Photograph taken 1979 Leon David, Mickey L, Davis, Mickey Lee Davis, Bruno Smith, Roger Smith, " 50­50," Frank Charles Anderson, Neville McBean, W; born 10­19­49 (true date of birth) also known as Frank Anderson, Frank C, also known as Mack Bean, Tom Bean, 11­19­44, 11­9­49; Chattanooga, TN ; 5'7"; Anderson, B; born 7­8­36; Colliers, WV (not Frank Davis, Mack Davis, Cephas Alex- 200 to 210 Ibs; heavy bid ; brn hair; brn supported by birth records) ; 5' 11 "; 200 to ander McBean, Cephus Alexander McBean, eyes; med comp; occ­automobile transmis- 220 Ibs; med bid; blk hair; brn eyes; med Nevelle McBean, Nevill McBean, Neville sion and body repairman, mortar and brick comp; occ­boilermaker, steel worker, truck McBeam, B; born 1­4­30; Higgin Town, St. mason, laborer on an offshore oil well ; driver; scars and marks: Scar on outer edge Ann , Jamaica (not supported by birth rec- scars and marks: Tattoos: Dog's head on of upper right lip, back of right hand, back of ords); 6'0" to 6' 1 "; 190 to 220 Ibs; med bid; upper left arm, heart and ribbon on left fore- left middle finger and left knee; remarks: Di- blk hair; brn eyes; dark comp; occ­farm la- arm, snake on left wrist, dagger and rose on agnosed in the past as having epilepsy and borer, house painter, scrap metal dealer, upper right arm, confederate flag with the should take medication for the remainder of truck driver; scars and marks: Scar left fin- word " Rebel" on right forearm ; remarks: his life, ger, knife scars on abdomen, gunshot Reportedly has a "beer belly" stomach and Wanted by FBI for INTERSTATE FLiGHT- wound scar right side of spine, pock marks has worn a full beard in past. SEXUAL ASSAULT, on left side of face ; remarks: Speaks with Wanted by FBI for INTERSTATE FLiGHT- British accent; illiterate, NCIC Classification: MURDER Wanted by FBI for INTERSTATE FLiGHT- 22131215121711121512 NCIC Classification: MURDER, Fingerprint Classification: P01415CM0322Cl110907 NCIC Classification: 22 M I U 000 12 Fingerprint Classification PI1862CIPI1716PMPOCI 14 0 9 U OOM 3 Fingerprint Classification L I U 000 18 I 12 Ur Ref: 11 1.0,4912 L 19 W 101 Social Security Number Used: 298­28­8781 1.0, 5041 L 22 U 22 1.0, 4904 FBI No, 90 264 F Social Security Numbers Used: 412­94­4215; 315­78­5539; 412­25­0132 Social Security Numbers Used: Caution 244­18­8835; 494­42­1188 Anderson, an escapee from custody, is FBI No. 231918 G FBI No, 193 336 0 being sought in connection with first degree Caution Caution sexual assault. Consider Anderson armed, Davis, an escapee from custody, is being McBean is being sought for the murder of a dangerous, and an escape risk, sought in connection with a murder wherein female victim, whom he shot in the face the victim was killed with a shotgun blast to with a ,38­caliber handgun, McBean is the face, Davis should be considered known to possess dangerous weapons and armed, dangerous, and an escape risk, should be considered armed, dangerous, and an escape risk,

Right middle fingerprint

Left index fingerprint

______September 1987 / 31 WANTED BY THE lfo'1 g3TI

Photograph taken 1978 Photograph taken 1976

Photograph taken 1985 Date unknown Hector Brito, also known as Hector Victor Brito, Hector Louis Ray Beam, Jr., Maurice Brito, Hector Briton, Arcadia also known as Turner Ashby, Louis R. Checo, Hector Maurice Lopez, Hector Beam, Nathan Bedford Forest, Nathan Bed- Maurice Brito Lopez, Marice Lopez, ford Forrest, Nathan Bradford Forrest, Ken Maurice Lopez, Julio Martines, Juan Ortiz, Harrison, Robert Johnson, Travis Wilker- Rolando Ruiz, "Cutchy," " Kutchy." W; born son, "Calvary General," "Lonestar." W; 1­2­59; Santo Domingo, Domincan Re- born 8­20­46 (true date of birth) 3­6­42, public (not supported through birth records) ; 8­20­45; Lufkin, TX; 5'7" ; 125 to 150 Ibs; 5'9" to 5' 10"; 145 to 150 Ibs; med bid ; blk small bid; blk hair; brn eyes; ruddy comp; hair; brn eyes; dark comp; occ­clerk, con- occ­computer repair and salesman, safety tractor, dishwasher, laborer, roofer; scars engineer; scars and marks: Tattoos: "DC" and marks: Scar above left eye, pierced left on left shoulder, " Born to Lose" on upper ear; tattoo: "KUTCHY" on left forearm. left forearm; remarks: Beam may be accom- Wanted by FBI for INTERSTATE FLiGHT- panied by his wife Sheila Marie Beam, also MURDER, AGGRAVATED ROBBERY, AT- known as Sheila Marie Toohey, a white TEMPTED AGGRAVATED BURGLARY. female, born 1­13­67, and his 7­year­old NCIC Classification: daughter Sarah Hadassah Beam. Sheila 2108161713180912PI13 Beam is not wanted by law enforcement au- Fingerprint Classification thorities. Wanted by FBI for SEDITIOUS CONSPIR- 21 M 1 U 100 13 ACY L 2 U 101 05TTTT020307AA040402 1.0. 4906 Fingerprint Classification Social Security Numbers Used : 5 S 1 Tt 3 Ref: A 058­53­4703; 072­30­3977; 076­52­3977 S A A FBI No. 826 998 P2 1.0. 5040 Caution Social Security Number Used: 466­82­8830 Brito is being sought in connection with the FBI No. 598 741 H murder of a paraplegic who was shot with a Caution .45 colt revoler during the robbery/burglary of his residence. Brito is known to wear Beam is being sought in connection with body armor and has carried a 9­millimeter conspiring to overthrow the U.S. Govern- pistol in the past. Consider Brito armed and ment by force . He is known to associate dangerous. with members of the Aryan Nations Move- ment (a white supremacist group). He has access to large supplies of ammunition and weapons. Consider armed and extremely dangerous.

Right index fingerprint

Left thumbprint '­"=­===..:==

32 / FBI Law Enforcement Bulletin ______Interesting Comparison

It is interesting to note the subtle as well as the marked difference in ap• pearance of inked impressions which are effected by scars, pressure, inking variations, and other factors. Close ex• amination of the presented impressions disclose that they are identical. The im• pression on the left did not fully accept inking, thus, the resultant crease obscured detail needed for classifica• tion. The same impression without the crease appears on the right. It is classi• fied as a central pocket loop whorl, outer tracing.

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Complete this form and return to: Name

Director Tille Federal Bureau of Investigation Address Washington , DC 20535

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The Bulletin Notes

Minneapolis police canine officer Ron Johnson and his dog Bravo, who has since died, are credited with sav• ing the lives of another officer and an FBI Agent during an arrest in Bemidji, MN . Officer Johnson, sworn as a Spe• cial Deputy U.S. Marshal to allow him and Bravo to work with the Min• neapolis FBI SWAT team , gave a pre• arranged signal to Bravo to distract a heavily armed domestic terrorist. On cue, Bravo distracted the subject, and the officer and Agent were able to sub• due him without firing shots. The Bul• letin joins Minneapolis Agents in saluting Officer Johnson's skills and in expressing sympathy over Bravo's un• timely death.

Officer Johnson and Bravo