Property of FBI Acade

I ~ . ~ORCEMENT rBl BULLETIN

NOVEMBER 1981. VOLUME 50. NUMBER 11

Contents

Police History 1 Preserving Police History By George F. Maher

White-collar 8 Ponzi Schemes and Laundering­How Illicit Funds are L Crime Acquired and Concealed By Vincent P. Doherty and Monte E. Smith

Crime Statistics 12 1980 Crime Statistics Point of View 16 The Police: From Slaying Dragons to Rescuing Cats By Edwin J. Delattre Cooperation 20 Joint FBI/NYPD Task Forces: A Study in Cooperation By Kenneth P. Walton and Patrick J_ Murphy The Legal Digest 24 The Motor Vehicle Exception to the Search Warrant Requirement (Part I) By John C_ Hall

32 Wanted By The FBI

THE COVER: Federal Bureau of Investigation Published by the Office of Congressional and United States Department of Justice Public Affairs A restored 1925 Har· Roger S. Young ley DaVidson IS driv- Washington, D.C. 20535 Assistant Director en by an officer WIlliam H_ Webster, Director Editor-Thomas J. Deakin dressed In a uniform Assistant Editor-Kathryn E. Sulewski of that era. See arti- The Attorney General has determined that the publication Art Director-Kevin J. Mulholland cle on preserving the of this periodical is necessary in the transaction of the Writer/Editor-Karen McCarron history of a police public business required by law of the Department of Production Manager-Jeffrey L. Summers department begin- Justice. Use of funds for printing this periodical has been ning on p. 1. approved by the Director of the Office of Management and Budget through December 28. 1983.

ISSN 0014­5688 USPS 383­310 Preserving Police History

By GEORGE F. MAHER Chief of Headquarters Nassau County Po/ice Department Mineo/a, N. Y.

., When consideration is being given Traditionally, government agen• to preserve the history of an organiza• cies are in need of additional space, so tion, a situation arises that seems to be "The recollections and that areas to be set aside for safe common with all agencies-the deci• experiences of the storage or displays are at a premium. sion is made to collect and preserve all pioneering members of The area reserved for displays should .. old records and equipment after a gen• the department are a be attractive and accessible to the eral housecleaning and disposal of ir• public. replaceable items. This example of bad very important part of While these are concerns which timing usually causes a belated scram• an agency's history." need to be addressed, they should not ble to locate and retain anything that deter any organization from preserving looks old, resulting in an accumulation its history. Once the decision has been of items of questionable value. There are also the problems of made and the support of the organiza• The recollections and experiences management support of such an un• tion's top administration obtained, the of the pioneering members of the de• dertaking and the space needed for next step would be to form a volunteer partment are a very important part of storage and display. Without manage• group-a historical society-within the an agency's history. Once lost, these ment support, any attempt to preserve organization which has as its sole pur• can never be replaced. Ideally, an or• an organization's history would be in• pose the preservation of the depart• ganization should decide to preserve complete. A top-level decision is nec• ment's history. The society should be its history while there are still some essary to set aside the needed space given access to whatever records, original members available to interpret and assign the manpower to receive, photographs, weapons, equipment, or it. There is nothing more frustrating to catalog, and prepare and maintain dis• other memorabilia necessary to do the a historian than to have a photo depict• plays. job. ing an important event in the growth of the organization and have no way of identifying the person in the picture. Also, equipment is sometimes found that no one knows how or if it was used, unless an "oldtimer" is located to describe its function.

Nassau County Police Department motorcycle squad with Charles A. Lmdbergh upon his return to Roosevelt Field after his Pafls flight-June 1921. {Pmt from a glass plate negative.} .,

This camera, still fulty operationa!, was used to take many of the glass plate negatives in the earty days of the department.

'r,

2 / FBI Law Enforcement Bulletin The Nassau County, N.Y., Police clippings, etc., were made available to Department was established in . April the historical society. However, the ac• 1925, with the appointment of 55 mem• cumulation of these items created a bers. When the department's historical serious inventory problem. To resolve society was formed more than 50 this problem, the department's data years later, in June 1979, a few of the processing unit established a computer original 55 officers were available for program to aid in the indexing and to consultation. One of the first steps tak• establish the identity of each item, its en by the society was to contact these purpose and date, and where it is filed and other retired members, soliciting or displayed. Without an effective in• photos, insignia, equipment, and other dexing system, the research necessary memorabilia. As word spread among for a pictorial account of the depart• the active and retired members of the ment's history, planned for future publi• intention to set up a police museum, cation, would be almost impossible. many items of historical and intrinsic A monthly column outlining the value surfaced. A few "false starts" to events in the department's history and establish a police museum had been describing the displays and needs of made in previous years, but no pro• the museum was prepared, which re• gram had been adopted. As a result, sulted in an increased interest by both some "museum conscious" members active and retired members. The de• of the department stashed many irre• partment's historical society joined oth• placeable records and pieces of equip• er county and private historical ment in their own closets, basements, societies for the exchange of informa• and attics. When the commissioner of tion and items of mutual interest. Con• police approved the formation of the tact with the curators of other historical society and allotted the museums helped to advance our capa• space needed for a museum, these bility to produce effective, accurate, stored items were donated to the soci• and attractive displays. Of extreme im• ety to be incorporated into the present portance was the ordinance passed by display. the county board of supervisors to al• Thousands of photographic nega• low the police ~istorical society to ac• tives, many of them glass plates dating cept donations of memorabilia valued back to the early 1920's, were inspect• up to $1,000 without soliciting board ed for historical interest and value. approval each time an item was of• These, together with obsolete equip• fered. ment, uniforms, general orders, blot• ters, annual reports, newspaper

Interior views of the Nassau County Police Department Museum.

November 1981 / 3 A restored 1941 Plymouth highway patrol radio car with an operator in a 1941 uniform.

An example of public and depart• early 1920's, are presently on display Department. Citizens with memorabilia ment support of the establishment of a with accompanying photographs of the from a relative's early days in the New police museum was the donation and original equipment. York City Police Department were re• restoration of an inoperative, some• The department's line organiza• ferred to that department's museum. what dilapidated, 1925 Harley David• tions, the Superior Officer's Associ• Numerous offers of extensive shoulder son. An enthusiastic group of ation, the Detective's Association, and patch and shield collections, foreign . volunteers also located a 1925 sidecar the Patrolmen's Benevolent Associ• uniforms, and insignia also had to be and labored over the motorcycle until it ation, each donated a stained glass refused to purify the collection, avoid-' was fully operational. When work of window in the museum. These win• ing the danger of accumulating many f this restoration spread, another group dows, depicting the logo of the organi• nonrelated items in limited space. of volunteers obtained and restored a zation, not only enhance the museum The museum was officially dedi• replica of one of the department's display but also bring together the en• cated on May 15, 1980. Attending the 1941 Plymouth patrol cars. These two tire force membership behind the mu• ceremony were the last three surviving~ units generate considerable public in• seum effort. members of the original 55 members terest when used in the many parades The establishment of a police mu• who were sworn in as police officers and public ceremonies in which the seum , especially when it receives me• on April 16, 1925. Since the dedication, department participates. dia coverage, can result in an thousands of people have visited the Members of the historical society overabundance of items donated by an museum. It is a highlight of the tours of also approached a local model club to interested public. Some of the prob• police headquarters conducted daily by. manufacture scale models of both an• lems that arose were caused by our the public information officer. Most im• tique and modern police vehicles, close proximity to New York City. Many portantly, however, the Nassau County boats, and aircraft for museum display. of the items offered, although of his• Police Museum serves as the reposi• The results of their efforts, some de• torical value, did not represent the his• tory for the department's 55-year histo-'r picting equipment dating back to the tory of the Nassau County Police ry and as a tribute to its dedicated men and women. FBI

4 / FBI Law Enforcement Bulletin ·Ponzi Schemes ·and Laundering-- How Dlicit Funds are Acquired and Concealed Historically, "crime" has been Herbert Edelhertz, writing in 1970, By considered only in terms of acts of provided a comprehensive definition of VINCENT P. DOHERTY violence, threats of violence, and overt white­collar crime as " . . . an illegal and ... thefts. Our system of jurisprudence has act or series of illegal acts committed evolved by defining as illegal certain by nonphysical means and by conceal- MONTE E. SMITH activities directed against property and ment or guile, to obtain money or prop- Special Agents >j persons, and over a number of years, erty, to avoid the payment or loss of Economic And Financial Crimes law enforcement agencies have devel- money or property, or to obtain busi- Training Unit oped generally accepted methods for ness or personal advantage." 2 This FBI Academy investigating these traditional crimes. definition considers white­collar crime Quantico, Va. In 1949, however, a new type of in terms of the nature and character of crime was brought to the attention of the wrongful activity involved rather law enforcement when Professor Ed- than the Offender. win H. Sutherland coined the term This distinction is important for law "white­collar crime." He defined this enforcement officials, since a success- .. crime as" . . . a crime committed by a ful prosecution must show that one or person of respectability and high social more criminal statutes were violated by status in the course of his occupa- the activity in question. Thus, in white- tion." 1 collar crime investigations, efforts must The definition of white collar­crime be directed toward proving an illegal has, since 1949, expanded to include activity rather than concentrating on ...., acts committed by people of less than the Offender. The law enforcement offi- high social status, and our appreciation cer must find the crime rather than the for the impact of this crime has prompt- criminal. ed law enforcement to look beyond It is important, therefore, for the r traditional acts for illegal and criminal officer to understand exactly how the behavior. crime is committed and at what junc- ture or junctures in the activity the illegality occurs. Knowing the identity of the perpetrator of a fraud is not enough. The law enforcement officer must be able to understand, explain, and show conclusively how and why ., the activities are illegal.

------______Novemoor1381 /5 This article takes an in-depth look One of the earliest known exam• at two types of white-collar crime in an ples of a pyramid scheme appeared in effort to demonstrate the complexity of 1920, in Boston, Mass. Charles Ponzi, the crime and to explain how the activi• an Italian immigrant and financial wiz- ., ties are fraudulent. The Ponzi or pyra• ard , established the Securities and Ex• mid schemes and the laundering of change Company. The corporation funds activities are only two examples consisted of only Ponzi , who started • of dozens of bribery, kickbacks, his company with a few hundred dol• payoffs, bankruptcy, credit card, check, lars borrowed from two silent partners. consumer, and insurance frauds and The company's prospectors promised schemes that occur each year. None• investors substantial returns on their ~ theless, analyses of these two investments in Ponzi's company. With• schemes may provide the officer fa• in 45 days an investor would receive miliarity with the type of activity in• his original investment plus 50 percent volved in any white-collar crime. interest; in 90 days, he would double his original investment. By June 1920, Ponzi and Pyramid Schemes Ponzi claimed to be receiving $500,000 ~ Pyramid sales schemes, otherwise per day and paying out $200,000 a known as chain referral schemes or day. Special Agent Doherty Ponzi schemes, have mushroomed Ponzi explained to doubters that across the United States and may be knowing how to take advantage of the &.. operating in other countries. There is varying currency exchange rates in dif• no way of calculating the exact amount ferent parts of the world was how he of money lost by the victims of pyramid made his profit. He started his com- l• schemes, but it is estimated to be well pany upon receiving a business letter over one-half billion dollars in the from a conspirator in Spain, who en• United States alone. Some officials closed a reply coupon which, if ex- '• even contend that pyramid sales changed at any U.S. Post Office, was schemes are the number one consum• worth 6 cents. In Spain, the cost of the er fraud problem today. Despite the coupon to a buyer was only 1 cent. scope of the problem, many persons Ponzi reasoned that by buying the cou• still do not know what pyramids are or pon in Spain and redeeming it in the the dangers inherent in them. United States, he made a 5-cent profit. A pyramid sales scheme is a mar• Thereafter, Ponzi began operations in keting program by which people buy nine different countries, with his agents the right to sell others the right to sell a traveling back and forth between these specified product. The promoters se• countries and the United States to take lect a product, such as household advantage of the disparity in currency items, cosmetics, or safety devices, value. 9 A Boston Post newspaper reporter . Special Agent Smith and sell large inventories to distributors with the added incentive of permitting was convinced that Ponzi had never the distributor to sell new distributor• purchased any coupons and that he ships. The real profit is earned primarily was taking money from one investor to by recruiters developing new recruits payoff another. Further investigation who develop even more recruits. In all by this reporter turned up information f• of this activity, there is little or no real that Ponzi, under his real name Charles concern given to direct sale of prod• Bianchi, had been sentenced to prison ucts or services to the public. Con• in Canada for forgery several years sumer distribution, therefore, becomes earlier. a sham and acts merely as a cloak of By the end of 1920, Ponzi's world respectability. collapsed and he was subsequently convicted in Massachusetts. Of the · $15 million that Ponzi had taken in, there was no accounting for $8 million. Such schemes became known as ,_ Ponzi schemes.

6 I FBI Law Enforcement Bulletin ______Today, another Ponzi plan, some• Problems for Law Enforcement times called the pyramid scheme, has When corporate entities are em• hit the United States. It involves the "One immediate ployed, company promotions of Ponzi making of $16,000 from a $1,000 in• answer to reducing the plans frequently take on enormous and vestment. To play the pyramid game, effectiveness of complex proportions, making auditing one needs only a chart and $1,000 in difficult, expensive, and time consum• cash. (See fig. 1.) pyramid schemes is to increase the public's ing. Too many promoters in local areas With the $1,000, you can buy a make prosecution impractical. By the "slot" on the bottom line. This pur• awareness of the time informative actions are taken, chase is accomplished by giving $500 impossibility of most promotions have run their course, to each investor above you on the 8th rendering restraining orders ineffective. line and to the player in the zero posi• success in the The overall problem of establish• tion. Pyramid success occurs when all schemes." ing criminal liability is made more diffi• the slots on your line are filled and you cult by the need to separate victims are able to progress up the chart. Figure 1 from promoters. Peculiarly, it is in the When an investor finally moves into the victim's best interest to become a pro• zero position, he or she can begin moter and transfer his loss to another. collecting up to $16,000. Participants who lose their entire in• At the heart of each pyramid vestments do so only because they scheme is the representation, ex• cannot convince others to invest. For pressed or implied, that a new partici• this reason, useful victim testimony is pant can recoup his original investment limited. The prosecutor finds appealing by simply finding and inducing two or victim testimony only from those more prospects to make the same in• investors who invested in the pyramid vestment. Promoters fail to tell pros• 1 for reasons other than participation in pective participants that this is the chain-referral recruiting. mathematically impossible, since some One immediate answer to reduc• persons drop out of the pyramid while ing the effectiveness of pyramid others recoup their original investment schemes is to increase the public's and then drop out. This simple misrep• awareness of the impossibility of suc• resentation constitutes the heart of the cess in the schemes. Public education fraudulent scheme. is an effective tool in combating the If each investor recruits two addi• Ponzi schemes. Law enforcement tional investors in an effort to get his 2 2 should not rely solely upon adverse money back and no one drops out, publicity, during or after disclosure of a everything works according to plan. If Ponzi scheme, as the means for com• there are 15 investors at the first meet• 4 4 bating the crime. ing to start a pyramid and one person 4 at the top level, the number of new members doubles each day thereafter The Laundering of Money by Orga• until, at the end of 2 weeks, 262,143 nized Crime persons are involved and at the end of At the end of the 19th century, 3 weeks there are 33,554,431 partici• most money earned by the American pants. It is obvious that the whole underworld was money gained through .-'1 scheme must collapse before this is extortion, blackmail, and dock racket• reached. Therefore, the earlier one eering. By the 1920's, the chief source gets in on the pyramid, the better the of income had changed to bootlegging, possibility to collect the $16,000. For and some believe that it was prohibi• everyone to win, an infinite number of tion that supplied organized crime with investors is needed to fill the chart the funds and expertise to operate from the bottom up. multimillion-dollar ventures.3 Today, it is estimated that organized crime has invested more than $20 billion into between 15,000 and 50,000 business establishments in the United States. 4 It is estimated that annually, organized r crime businesses take in at least $48 I,..

------___ November 1981 / 7 billion in gross revenues, with about introduced and camouflaged in this $25 billion in untaxed profits.5 If these "If law enforcement type of business quite easily, since the figures are accurate, it becomes obvi• additional sales volume does not result ous that organized crime has officials are to combat in a proportional increase in business historically been successful in conceal• organized crime expenses. Law enforcement officials ing from law enforcement officials and successfully, they who later examine the records of such legitimate businessmen the true nature must have an a movie theater would have a difficult • and origin of funds invested in busi• time proving that the actual or " legiti• ness enterprises. understanding of how mate" income generated by the the• monies acquired from ater was much less than that recorded Definition of Laundering illicit sources are on the books and reported to the tax- ~ Alphonse Capone, the infamous transformed into ing authorities. gangster of the 1920's is said to have Businesses that normally experi• amassed a fortune of $20 million in a respectable funds that ence a high rate of spoilage or other 10-year period through such illegal ac• can be spent and loss of goods also have a high poten• tivities as bootlegging and gambling.6 invested without fear tial for being used to launder money. Yet, when Capone was sentenced to of discovery or Groceries and restaurants are good .. 11 years in prison in 1931 , it was for an examples, since some spoilage of income tax evasion conviction, not be• prosecution. " goods is expected during the normal cause he had been charged with any of course of business. When such a busi• these illegal activities. Domestic Laundries ness is controlled, large blocks of illicit The conviction of Capone taught While laundering money can be money are introduced into the busi• other organized crime members an im• accomplished in a wide variety of legiti• ness and recorded in the general in• portant lesson: Money not reported on mate businesses, it should be recog• come accounts of the grocery store or I• an income tax return is money that nized that certain domestic businesses restaurant as if this money were re• cannot be spent or invested without have characteristics which lend them• ceived from customers. Fraudulent in• risk of detection and prosecution. selves to successful laundering oper• voices for produce or other perishable Since most monies collected by ations. For example, the business items are then issued to these busi• organized crime activities are from selected as a " laundry" must be capa• nesses by other mob-owned or mob• illegal sources such as loansharking, ble of absorbing a large volume of controlled companies acting as suppli- .. prostitution, gambling, or narcotics, the cash income, since most illicit income ers. The grocery store or restaurant either issues checks to these "suppli• individual racketeer is understandably is received in the form of cash. The reluctant to report the income and its purpose of laundering funds is to co• ers" or records the transaction as a source on his tax return. Before spend• mingle licit and illicit monies so that cash payment and charges the ex• penditure to an expense account, such ing or otherwise using these funds, it is they cannot be separated, while simul• as cost of goods sold. The undelivered necessary that these monies be given taneously preventing the discovery of an image of legality so that they can be the introduction of illegal monies into produce or perishable items listed as spoiled and discarded are written off reported on a tax return without reveal• the business. Since almost all checks ing the true nature of their origins. This and credit card receipts are traceable the books. (See fig. 2.) process of conversion is known as by law enforcement officials, busi• By using this method, the grocery • store or restaurant avoids substantial "laundering." nesses such as restaurants, bars, and tax liability on large blocks of illicit ~ If law enforcement officials are to massage parlors, which normally take combat organized crime successfully, in a high proportion of cash, tend to be monies introduced into the business, they must have an understanding of more desirable as a potential "laundry" since this income is offset by corre• how monies acquired from illicit than a business normally receiving sponding expenses relating to the non- !-• delivered goods. The funds paid to the sources are transformed into respect• most of its income in the form of able funds that can be spent and in• checks or other traceable financial vested without fear of discovery or instruments. prosecution. Another favorable characteristic for a " laundry" is relatively fixed expenses which do not vary with sales volume. • An example of such a business is a movie theater showing pornographic films. The expenses of such a business (rent, electricity, wages) are almost constant, regardless of whether the theater is full. Illicit income can be

8 I FBI Law Enforcement Bulletin ______"supplier" by the grocery or restaurant The use of ratios to evaluate busi- have taken on an image of legality and nesses has been used for many years may be spent or invested with very " law enforcement by accountants, investors, and lending little risk of discovery. Within a week of officials have adapted institutions. There are four basic types this "transaction," it is almost impossi- new methods. . .to of ratios in common use: ble for law enforcement officials to dis- discover laundering 1) Liquidity ratios, which indicate the prove the story of the grocer or ability of an enterprise to satisfy restaurant owner. o'perations and to its immediate (short term) finan- The above techniques have been prosecute successfully cial obligations; used to launder funds successfully for the people involved in 2) Operating ratios, which indicate .. a number of years, and large numbers the efficiency of the business en- of domestic businesses controlled by the conversion terprise; ~ organized crime are still being used for process." 3) Profitability ratios, which indicate this function. Recently, however, law the effective use of assets and enforcement officials have adapted the return on the owner's invest- new methods, such as sampling, ratio actually received by an enterprise in ment in the business; and analysis, and flowcharting, to discover the ordinary course of operation. This 4) Leverage ratios, which indicate laundering operations and to pros- procedure is similar to that used to the extent to which the enterprise ecute successfully the people involved project the outcome of an election with is financed by debt. in the conversion process. only a small percentage of the votes By using ratio analysis, an investi- Simply stated, " sampling" is a sta- counted. If the projected income is gator is able to compare the past per- tistical procedure wherein the number materially smaller than that reported to formance of a business enterprise to of customers of an establishment is taxing authorities, it is a good indication that of the industry in which the busi- randomly counted, a conservative esti- that the business is being used to laun- ness operates. This comparison is for mate is made of the amount of money der funds. the purpose of spotting Significant devi- ~ spent by each customer, and a projec- ations from the norm, which may indi- tion is made as to how much money is cate the existence of a laundering operation. Figure 2 Another method used to uncover domestic laundering operations in- $ $ $ $ $ $ $ $ $ $ volves researching the corporate and GAMBLING DRUGS PROSTITUTION EXTORTION PORNOGRAPHY ownership structures of both the sus- .. $ $ $ $ $ $ $ pected business and all the companies with which the suspected business deals. Since the ultimate success of a laundering operation is dependent upon keeping the money " in­house, " ORGANIZED there will be a commonality among the CRIME various businesses. The relationship between the various companies may be illustrated visually by the process of flowcharting, which allows investiga- tors, prosecutors, and juries to grasp more easily the sometimes complex RESTAURANT GROCERY MOVIE THEATER relationships which exist in laundering operations.

CONTROLLED SUPPLIES .....------1.1

$ $ LAUNDERED r S FUNDS r~ ______November 1981 / 9 While law enforcement agencies Americans known to be associated this type of a laundering operation re• have been relatively successful in de• with organized crime activities. 7 Not mains expensive, difficult, and time• tecting and exposing domestic laun• only did the American ownership pro• consuming, significant steps have dering operations, it should be realized tect the identity of bank customers and been taken in providing investigators that underworld leaders have devel• allow for the falsification of bank with new jurisdictional tools to combat oped and perfected a number of inter• records, but it also enabled the racket• this problem. national money laundering operations eers to bring apparently legitimate On January 23, 1977, a Mutual that have traditionally been immune monies back into the United States in Assistance in Criminal Matters Treaty from this detection and exposure. Al• the form of various financial instru• between the United States and Swit• though these international laundries ments issued by these banks and by zerland became effective. As a result vary greatly in form, organization, and foreign governments. It did not take of this treaty, U.S. law enforcement II, complexity, the object is still to dis• long for these owners to realize that authorities are now able to obtain pre• guise the true nature and origin of controlled banks could also be used to viously secret bank information where • funds derived from illegal activities. In• generate other illicit income through organized crime is involved. ternational laundering schemes often the issuance of fraudulent financial in• Investigators are further aided by involve the use of dummy corporations struments that are used in this country the passage of "The Currency and and numbered bank accounts, or they as collateral for loans and in other Foreign Transactions Reporting Act" may use securities or financial instru• fraud schemes. Enforcement agents (U.S.C., title 31, secs. 1051-1143). ments issued by banks located in a working for the U.S. Comptroller of the This act and the Treasury Depart• country where banking regulations are Currency now estimate that the volume ment's regulations implementing its .. lax (often referred to as "off-shore of phony financial instruments issued provisions set forth reporting require• banks"). by offshore banks is "in the hundreds ments for any person importing or ex• Foreign Laundries of millions of dollars." 8 porting currency or other financial instruments totaling more than $5,000. It will come as no surprise to most Implication for Law Enforcement Further, banks and financial institutions law enforcement officials that much of The successful use of domestic must report currency transactions in • the money invested by organized crime businesses to launder dirty money de• excess of $10,000 to the Internal Rev• in legitimate businesses in the United pends upon keeping the cash flow "in• enue Service. 9 This act also requires States is first routed through secret house" and creating such complexity all U.S. citizens having a financial inter• numbered bank accounts in countries that investigation into the operation ap• est in, or signature authority over, bank such as Switzerland, Liechtenstein, pears to be too complicated to under• securities or other financial accounts in .. West Germany, Panama, and the Ba• take. Experience has shown, however, foreign countries to report this relation• hamas. This type of arrangement is that these laundering operations are ship annually to the Treasury Depart• .. ideal for the racketeer who wishes to not complicated and can be success• ment. clean large amounts of cash earned fully investigated by law enforcement through illicit activities. Very often, this officers willing to use techniques such laundering process involves depositing as sampling, ratio analysis, and flow• Summary illicit funds in a secret numbered ac• charting, combined with traditional Laundering operations evolved count, then bringing the funds back methods of investigation. because members of organized crime into the United States in the form of a The success of organized crime in needed a source of apparently legiti• loan from either the foreign bank or laundering funds through secret num• mate income to invest in business en• from a dummy corporation set up un• bered bank accounts and foreign cor• terprises and to account for excess der the laws of a foreign country. Not porations and through securities and consumption and changes in personal ..<. only are the illegal income and the financial instruments issued by off• net worth over any period of time cho• sources of this income hidden from the shore banks has, in large part, been a sen by taxing authorities for a compre• Internal Revenue Service and other result of the fact that these "foreign law enforcement agencies, but the " in• laundries" have traditionally been be• terest" on this supposed loan is often yond the jurisdiction and resources of deducted as a business expense on law enforcement agencies operating in the tax return of the racketeer. the United States. While investigating In many cases, organized crime members have not been content with merely using secret numbered ac• l counts in foreign banks. As early as the 1960's, it was recognized that numer• ous banks in Switzerland and the Ba• -] hamas had been taken over by

10 I FBI Law Enforcement Bulletin ______hensive investigation. These opera- Conclusion the wide diversity of activities which tions have continued because legiti- White­collar crime, like traditional quality. as this type of crime. This ex- mate businesses also provide other crime, has existed for hundreds of amination of the subject is intended to essential services needed by orga- years. Our system of jurisprudence be of assistance in law enforcement nized crime, such as warehousing, has, however, concentrated on those efforts to combat this crime. If the rapid • transportation, and a place to do busi- crimes involving violence, threats to increase in white­collar crime is to be ness. The concept of investing illegally person and property, and overt theft. dealt with effectively, it is essential that derived income into legitimate busi- For this reason, laws were passed to law enforcement officials understand nesses within America becomes most deal with the poorer, more visible crimi- the nature of these crimes and develop disturbing when one considers that the nal element, and law enforcement new techniques to investigate these very methods used to obtain these agencies have concentrated their in- activities successfully. I'BI illicit funds can also be applied to the vestigative efforts on these types of Footnotes ~ marketplace to eliminate competition, crimes. ' Edwin H. Sutherland. White Collar Crime. (New YOAugust 1979, crime explored in this article illustrate pp. 1-5.

The number of bombings during The number of persons injured · 15-Percent the first 6 months of 1981 represented also declined­from 75 reported in the a 15­percent decrease when com- first half of 1980 to 68 in the same Decrease in pared to those occurring in the same 6- period of 1981. Of those injured this month period of 1980. In the first half year, 25 were innocent bystanders, 22 Bombing of 1981, there were 553 bombings in were perpetrators, 16 were intended the United States and Puerto Rico. Of victims, and 5 were law enforcement these, 369 were explosive and 184 officers. Incidents were incendiary. Last year, during Jan- Residences were the most fre- uary through June, 654 bombings were quent targets of the bombings, ac- reported. Explosive bombings and in- counting for 33 percent of the cendiary incidents were down 16 per- incidents. Other leading targets were cent and 14 percent, respectively. commercial operations and office .. This year's bombings resulted in buildings, vehicles, and school facili- 11 deaths, 68 injuries, and property ties. Eleven attacks were directed at damage estimated over $55 million. Of law enforcement. the 11 fatalities, 4 were the perpetra- Regionally, the Western States re- tors themselves. Five of those killed corded 209 bombings; the North Cen- were the intended victims and two tral States, 154; the Southern States, were innocent bystanders. The 11 130; and the Northeastern States, 54. .. deaths represented a decrease from Puerto Rico reported six incidents. the 13 deaths that occurred in the first 6 months of 1980.

November 1981 / 11 CRIME CLOCK 1980 one MURDER every 23 minutes one 1980 Crime FORCIBLE RAPE one every 6 minutes Statistics VIOLENT CRIME one every 24 seconds ROBBERY every 58 seconds one Final 1980 statistics published in AGGRAVATED ASSAULT one every 48 seconds the FBI Uniform Crime Reports' "Crime CRIME INDEX OFFENSE in the United States" reveal an overall every 2 seconds 9-percent volume increase in Crime one Index offenses over the 1979 figure. BURGLARY every 8 seconds Over 13 million offenses were reported nationwide. In 1980, the Crime Index was 18 one one percent higher than in 1976 and 55 PROPERTY CRIME LARCENY-THEFT every 4 seconds percent higher than in 1971, while the every 3 seconds U.S. population increased by 2 percent since 1979, 5 percent since 1976, and one 9 percent since 1971. The national MOTOR VEHICLE THEFT crime rate, which relates the crime vol- every 28 seconds ume to population, increased 7 percent in 1980 over 1979, 12 percent over ~ - ed -W-"h- ca - ,. ---- Ik ,ng ' ht --- """ , '88 -, tga ''' - --- 'p'' n - ''' --ion O(:U:CR ~ da :-:- '' - , '~"':d ---~ 1976, and 42 percent over 1971. L­­­­n..­ cn­""' ­d­­­"'k­,houIJ­b<­,­...... :,g:::ned7 ,::-o .. con"~y tht annual r~porltd Cflmt upenrncc byshow'l"l8lht relative (~ucncy fi OCC\.Irrcncr c:J dlt Index 0fT~

ThIS mode c:J dISplay should M)( ~ takcn to imply. rqr.alamy in the commission ci the Part I OfTcnsn: rachcr . II CRIME INDEX TOTAL rrprrstncs thr annual rallo of cnmt to r...cd lImI!: Inlcrvals. ­ CRIME INDEX OFFENSES UP 18" ­­RATE PER 100.000 INHABITANTS UP 12S .>0 .,.f---+ In 1980, there were 5,900 Index creased by 33 percent since 1976 and ." -+----+-- --::;;l~~__=j offenses for every 100,000 persons in by 60 percent since 1971, and the the United States. A 7­percent in- violent crime rate per 100,000 inhabi- crease over 1979 was recorded in the tants was up 8 percent over 1979, 26 metropolitan areas, where there were percent over 1976, and 47 percent ... Geographically, the most popu- 6,758 Index offenses per 100,000 peo- over 1971 . lous region in the Nation, the Southern ple. The rural counties reported a rate In all regions and areas of the States, accounted for the largest vol- of 2,290 offenses, a 6­percent rise, and United States, the volume of murders l ume of Crime Index offenses in 1980- cities outside metropolitan areas re- increased during 1980, with an estimat- 31 percent. The North Central and corded a rate of 5,396 offenses, a ed 23,044 murders representing ap­ .. Western States recorded 24 percent 9­percent increase. proximately 2 percent of the violent each and the Northeastern States, 21 crimes committed. As in the previous ,... percent. Violent Crimes

Collectively, the violent crimes of MURDER ­NUMBER OF OFFENSES UP 23" murder, forcible rape, robbery, and ag- ­­­­·RATE PER 100.000 INHABITANTS UP 16" gravated assault increased 11 percent .+S. 4. in volume during 1980 and represented +3. • 10 percent of the total Crime Index .2.,.• offenses. Murder rose 7 percent; forc- ible rape, 8 percent; robbery, 18 -,a 1171 lin 1171 1m I. percent; and aggravated assault, 7 per- cent. The volume of violent crimes in-

12 / FBI Law Enforcement Bulletin year, firearms were the dominant For every 100,000 inhabitants, there Property Crimes weapons used-62 percent of the mur- were 244 robberies, a 15­percent in- The property crimes of burglary, ders reported in 1980 were committed crease from the 1979 rate. Regionally, larceny­theft, and motor vehicle theft with firearms. The largest group of robberies occurred most frequently in were up 9 percent in 1980. Not includ- murder victims was composed of the Northeastern States, where the ed in this figure is arson, since ade- • males between the ages of 20 through rate was 363 per 100,000 inhabitants. quate data for 1979 were not available 29, while the 18­ to 24­year age group The average loss per incident was to establish trends for this offense. accounted for 35 percent of total mur- $607, for an estimated total loss of Burglary increased 14 percent; larce- der arrests. Of all reported murders, 51 $333 million. Of those arrested for rob- ny­theft, 8 percent; and motor vehicle percent were committed by relatives or bery, 73 percent were under 25 years theft, 2 percent. Since 1976, the vol- acquaintances of the victim. of age. ume of property crimes rose 16 per- .. cent and since 1971, 54 percent. The property crime rate per 100,000 inhabi- MURDER tants was up 7 percent over 1979, 11 TYPE OF WEAPON USED percent over 1976, and 41 percent 1980 over 1971 . The nearly 4 million burglaries oc- curring in the United States in 1980 ... HANDGUN represented 31 percent of the property crimes and 28 percent of the total RIFLE Crime Index. Burglary offenses rose 22 SHOTGUN percent over the 1976 volume, with increases experienced in all regions CUTIING OR STABBING and areas. There were 1,668 burglaries per 100,000 inhabitants, which repre- .. OTHER WEAPON (CLUB. POISllN. ETC,) sented an 11­percent increase over PERSONAL WEAPON 1979 and a 16­percent rise over 1976. (HANDS. FISTS. FEET. ETC.) 6%

~ BURGLARY ­ NUMBER OF OFFENSfS UP m ­­­­. RATE PER 100.000 INHABITANTS UP 16" .s• • ... During 1980, there were 82,088 Rises in each geographic region of .3• - forcible rapes, which constituted 6 per- +2• the country were reported in the 1980 • ~ --. cent of the violent crimes and an in- volume of aggravated assaults, which ­- ­­- =­- crease of 45 percent over 1976. ­I. accounted for 50 percent of violent 1171 1m 1910 Nationwide, an estimated 71 of every crimes. The estimated 654,957 of- 100,000 females were reported rape Residential property was the target in victims, while the highest rape rate ROBBERY 67 percent of the reported burglaries. regionally was in the West with 101 ­ NUMBER Of OFFENSfS UP 31" ­­­­­ RATE PER 100.000 INHABITANTS UP 24" This offense caused an estimated fi- • ­ reported victims per 100,000 females. ... .30 nancial loss of $3.3 billion, or an aver- Males under the age of 25 comprised .20 / ., .,. 17····· age of $882 per burglary. Nationally, 54 percent of the arrestees for this ~ --- 0 persons under 25 years of age ac- violent crime, with 29 percent in the 18- ­I. counted for 81 percent of all arrests for to 22­year age group. -20 ­+ 1171 1m 1m 1979 1910 burglary, and 45 percent of those r-;::::::::======~ arrested were under the age of 18. FORCIBLE RAPE fenses represented a 33­percent in- ­ NUMBER OF OFfENSfS UP 45" Larceny­thefts totaled more than 7 •s. f- - __ -- - .:.: RA :.:.: lI :.;. p :::: ER :.:.::.::.:.:.: loo ooo = IN ;:. HABI = T ::.: ANTS ~ U =~ P 38 .:.: " --_l crease over 1976. For every 100,000 million and accounted for 53 percent of ••• f­­­+­­­­l­­­­f­::::.__""9 people in the United States, there were all reported Index crimes and 59 per- .3.1----+-__-+ __~~o-- =------~- ~ -~ ~ -,...- 291 aggravated assaults, of which 24 cent of property crimes. The larceny- .2. ~=;;; ~~~~~ =t===j +10 ~ percent were committed with firearms, theft rate was 3,156 per 100,000 peo- 22 percent with knives or cutting instru- _,. L....__..L-__...... l-__--'-__---' ple, with a total loss to victims of $2.2 1976 1m 1971 1979 1980 ments, 28 percent with blunt objects or billion. Of those arrested for this crime, other dangerous weapons, and 27 per- 55 percent were under 21 years of age In 1980, the estimated 548,809 cent with personal weapons, such as and 37 percent were under the age of robberies totaled 4 percent of the hands, fists, feet, etc. Persons 21 18. More women were arrested for this Index crimes and represented a 31­per- years of age and over accounted for 70 cent increase over the past 5 years. percent of aggravated assault arrests.

November 1981 I 13 offense than for any other crime during percent; and aggravated assault, 59 since 1979. For the 5­year period from 1980, comprising 29 percent of all lar- percent. A 16­percent clearance rate 1976 to 1980, arrests for all offenses ceny­theft arrestees. for property crimes was recorded­14 except traffic violations increased 5 percent of burglaries, 18 percent of percent. - Persons under 25 years of age LARCENY·THEFT larceny­thefts, and 14 percent of motor ­ HUMBER Of ClfHNSlS UP 131' comprised 70 percent of those arrest- ... ­­­­­ RAn: PER 100,000 INHABITANTS UP 8% vehicle thefts. Persons under 18 years .s. f­- of age were involved in 24 percent of ed for Crime Index offenses, 57 per- +4. I­- ­ +­ - +>. I­- - the Crime Index clearances (excluding cent of those arrested for violent +2. I­­- ­ arson), 11 percent of the violent crime crimes, and 73 percent of those arrest- .,.I­- • - clearances, and 28 percent of property ed for property crimes. Between 1979 ­ 1. '­- ­ and 1980, arrests for persons under 18 ... 1m 1m 1m 1m I. crime clearances. years of age decreased 6 percent, For 1980, more than 1 million mo- Arrests while arrests for persons 18 years and ,. tor vehicle thefts were reported in the During 1980, there were an esti- over rose 4 percent. In this same peri- United States, with 495 motor vehicle mated 10.4 million arrests for all crimi- od of time, arrests of males outnum- thefts per 100,000 inhabitants. The es- nal infractions other than traffic bered those of females by 5 to 1, with timated loss totaled $3.2 billion. Thirty violations, which constituted a 2­per- arrests of males up 1 percent and percent of the motor vehicle thefts cent increase in the number of arrests arrests of females up 2 percent. FBI took place in the Northeastern States, 25 percent in the Southern States, 23 percent in the Western States, and 22 percent in the North Central States. An estimated 1 of every 143 registered LARCENY ANALYSIS motor vehicles was stolen in the Na- tion, and law enforcement agencies 1980 cleared 14 percent of the thefts. Sixty- five percent of all persons arrested for ~--A----PURSE ­ SNATCHING 2% this offense were under age 21 , and those under 18 accounted for 45 per- POCKET - PICKING 1% cent of the total. COIN MACHINES 1% SHOPLIFTING 11 % MOTOR VEHICLE THEFT ­ NUMBER Of Off£NSES UP 18% • ­­­­­ RAn: PER 100,000 INHABITANTS UP 1", .so ... BICYCLES 10% ' 20 ­ ' 2. ­­ ., . • ­ I. l...­ FROM MOTOR VEHICLES 17% 1m 1m 1m 1m I. ti: There were 128,752 reported ar- w sons in 1980, of which 16 percent were :c I­­­­­­t' cleared by law enforcement agencies. ~ Property damage due to reported ar- Z sons was $891 million; the average w loss per incident was $7,745. Persons C.) I­­­­­­t'. under 18 comprised 44 percent of a: those arrested for this crime and those < MOTOR VEHICLE ACCESSORIES 19% under 25 years of age comprised 70 .... percent.

Clearance Rates Law enforcement agencies were ALL OTHERS 23% successful in clearing 19 percent of the Index offenses reported during 1980. The clearance rate for violent crimes was 44 percent­murders, 72 percent; forcible rape, 49 percent; robbery, 24 PERCENtAGES DO NOT ADD TO 100% DUE TO ROUNDING. ~------~~

14 / FBI law Enforcement Bulletin ______
_< CRIMES CLEARED BY ARREST 1980

CRIMES OF VIOLENCE NOT CLEARED CLEARED

MURDER 72%

AGGRAVATED 59% ASSAULT FORCIBLE 49% RAPE 24%

CRIMES AGAINST PROPERTY NOT CLEARED CLEARED

14%

18%

14%

----______November1981 /15 The Police: From Slaying Dragons

to Rescuing Cats By EDWIN J. DELATIRE President St. John's College Annapolis, Md

Taken in its literal form, the story It must also be remembered that of St. George is a simple one. His task while people are terrified of dragons, a was to slay an evil dragon and to stand little tremor also runs through most of for what was good. His job was much them in the presence of those who slay easier than that of police officers to- dragons. Police officers have wit- day, since all he had to do was kill the nessed this, I am sure, and have I' dragon. He did not have to enforce the sensed many people drawing into law, prevent crime, work in a chain­of- themselves when the police are command, or deal with the public while around, even if they have nothing to I abiding by policies and regulations. fear. This is, perhaps, why the social Also, he was not responsible for the life of many police officers centers maintenance of domestic and civil or- largely on the companionship of other der. He did not have to work with the law enforcement officers. They share • " press, the media, or informants. He did in the tradition of St. George, because not have to cooperate with or work in they, like him, have the authority to use internal affairs, be guided by legisla- force, including deadly force, even tion, or accept the decisions of the though for most officers the use of courts. Finally, he did not have to pro- force is not commonplace. The police vide a wide range of services for those share in this tradition to the extent that in need, from evicted families to help- people experience a tremor in the less alcoholics to lost children. He did presence of authority conjoined with <.; not have to rescue cats, exercise dis- the visible trappings of power. cretion, make arrests, complete re- The job of St. George was much ports, testify in court, or look out for the easier, less complex, and in some safety of a partner. He had only to put ways, more rewarding than that of to- on his uniform (in his case, a uniform day's police officer. For him, there was made of metal), mount his vehicle (in never any question about what to do or his case, an armored horse), draw his how to do it. Much more is asked and weapon (in his case, a sword), find the expected of the officer who works not dragon, and slay it. Police work is in the company of saints, but in the much more complex and demanding company of human beings, from the than the work of St. George. No matter best to the worst. And so, the first step how well a police officer does his is to have a look at the idea of human work­ even if he is commended for his beings which underlies this country, ~ performance­ he will never be made a the idea of human beings which has sai nt for it. led to the U. S. Constitution, to our form of government, and in part, to the prevailing notions of what the proper functions of the police are.

16 I FB I Law Enforcement Bulletin ______doomed to failure. He stated in the and women were angels. If men were Federalist Papers: angels, there would be no need for "What is government itself but the police. And if all men were devils, the greatest of all reflections on human police would never be enough, nor nature? If men were angels, no would martial law be enough. government would be necessary. If Madison understood what the angels were to govern men, neither English historian Lord Acton put into external nor internal controls on words in a letter dated April 5, 1887, to government would be necessary. In Bishop Mandell Creighton. He said framing a government which is to be "Power tends to corrupt (he did not say administered by men over men, the it corrupts, but that is tends to corrupt), great difficulty lies in this: you must and absolute power corrupts absolute- first enable the government to ly." This is why tyranny­absolute pow- control the governed, and in the next er vested in someone­always ends in place oblige it to control itself." disaster. Nobody can handle absolute Madison saw clearly that men are power without sooner or later being not angels­they are capable of vice overwhelmed by it and using it abusive- as well as virtue. Because they are not ly. America has a better idea. angels, they cannot live together with The police have both authority and Or. Delattre any measure of freedom unless some- power, but like the rest of us, they are one is vested with the authority and not angels. The challenge of police power to intervene if men begin to work is to live with these three factors James Madison is commonly de- disregard the freedom of others to do simultaneously. The way to meet the scribed as "The Father of the Constitu- whatever they please. But those who challenge is to act as Madison did­do tion." He is one of my heroes because possess the authority and power are everything possible to become the kind he tried hard to be competent and human beings, not angels. There must of person to whom authority and power qualified to do the work that he set out accordingly be limits to their right to can be entrusted and the kind of police to do. The work in which he was inter- intervene, to their authority, and to their officer, patrol or command, who can ested was the design and construction power. These limits are imposed by the exercise authority responsibly and use of a durable country­one that would law and the Constitution. But those power in the right ways at the right last­and a country in which there who make the laws are men and wom- times for the right reasons. would be a willingness to conduct an en as well­not angels. Because they It is because this is the challenge experiment. The experiment he con- must be limited, there is an executive of police work that police work must be templated was an experiment in or- branch of government to administer taken seriously. To be a competent dered liberty. He envisioned a country and enforce laws or veto legislation, if police officer is a tremendous achieve- in which there would be long term necessary. Beyond this, there must be ment­few human accomplishments survival of law, order, and freedom. a judicial system to review the constitu- related to work are more impressive. To make himself qualified for this tionality of the laws and to prosecute To be an efficient officer requires tech- work, Madison studied the best books and defend those accused of violating nical skills, self­knowledge, a capacity on government and forms of nations. them. But the judges are human be- for sound judgment, the ability to make He also studied and observed human ings, not angels, and they must not be rapid decisions about people and beings, including himself, to find out allowed to elect themselves or choose events, patience, the ability to cooper- what could be expected of them. He their successors. The same prinCiples ate, preparedness to draw the line on realized that if he was wrong about apply to the police, internally and exter- how far an incident is allowed to devel- human beings, the experiment was nally. Thus, Madison attempted to de- op, and sensitivity to suffering. At the sign a country where people could live same time, an officer must have very together with liberty­a country built on thick skin, courage, respect for the law, the undeniable fact of life that no coun- personal restraint, concern for justice try is durable if it is designed as if men and fairness, the ability to face human r depravity, hopelessness, viciousness, and deceit. He must possess the ability to face predators and victims without being destroyed by them and the self- ­ p discipline required to face hours of boredom without becoming indifferent or lax. A good police officer is like the

______November 1981 I 17 transmission of a fine highway trac- disregarded More's advice ·and made tor­10 speeds forward, 3 in reverse, his way into politics by accepting great- with a clutch that makes it possible to " . . the challenge [is] er and greater bribes to betray trusts. move from one to another smoothly to exercise authority Finally, Rich perjured himself. His per- and virtually at will. Few occupations responsibly and to use jury led to the execution of Thomas require so much or are exposed to as More at the hands of Henry VIII. Rich's much scrutiny or criticism. Harry Tru- power appropriately in corruption led him to the power, pres- man had the right answer to those who circumstances which tige, and wealth he wanted, but as a complained when he said, "If you can't are far from human being and a politician, he was stand the heat, get out of the kitchen." I°deaI...." worthless­ he betrayed everything If you can't tolerate having colleagues that was ever entrusted to him. who do not attempt to be good police The temptations of police work are officers, leave the profession, because The first consideration is acquiring considerable. There are economic they will always be there. If you haven't the technical skills necessary to func- profits to be made from giving " the the patience to deal with questionable tion effectively. These skills range from blessing" to illegal activities such as court decisions, leave the profession, the basic study of psychology to the gambling, dealing, and prostitution, because they will always be there. If use of weapons­the former is intend- there are chances to be sadistic, there you can't stand public officials, incom- ed to reduce the need for the latter. It are sexual favors to be had, there are petent officials, an indifferent or cow- is the responsibility of the police acad- the benefits of providing selective pro- ardly public­persons who are afraid to emy to provide instruction in these tection to merchants, there are oppor- get involved­leave the profession, be- skills and the responsibility of senior tunities to break the law with impunity cause they will always be there. If you officers to practice them as teachers in because of "the brotherhood," and dislike making decisions of magnitude the presence of less experienced offi- there is bribery. Thus, opportunities to in a hurry­decisions on which you cers. Basic competence enhances be tempted are more commonplace may be second­guessed­Ieave the technical skills. than in most occupations. There is also profession, because they will always The second consideration is self- the temptation to think of the police as be there. If you dislike people getting knowledge. Not everyone is suitable an isolated, maligned group who com- away with something when you know for police work. Some lack the fortitude plains about the nature of people and they are guilty, leave the profession, for it, some are physically inept, some institutions and who is self­indulgent because they will always be there. are too emotionally vulnerable, and with liquor and other depressants and These are the burners on the stove in some cannot resist the temptations of stimulants off duty because the work is the kitchen, and they are always lit, it. The latter can be explained by the so demanding. The latter are the temp- emanating heat. But before you leave story of Richard Rich, who lived in the tations of self­righteousness and self- the profession, notice that in every 16th century, and like the rest of us, pity. There is the temptation to be hard walk of life, when people are entrusted was no angel. He was tremendously on one's family and friends because with responsibility and the authority to ambitious­not to accomplish anything the tension in police work is so con- exercise discretion, and in every occu- worthwhile but to get ahead. He lusted stant compared to that in most en- pation where one deals with the public for power, prestige, and wealth. When deavors. Anyone who aspires to be and its agencies, the conditions are Rich was young, he asked Thomas really good at police work must learn to largely the same. The problems are More, " the man for all seasons," to resist these temptations, must learn prominent and they grind on us. But give him a political appointment. Thom- that they are invariably present, and the experiment in ordered liberty looks as declined, telling Rich that he could must learn that the responsibilities of to be a lot better than the alternatives. not handle the temptations of power. the office require that they be resisted When you are appalled by all these More told him that "a man should go successfully. The cop on the pad is an sources of heat, remind yourself of where he won't be tempted," meaning affront to every sacrifice ever made to your good colleagues, decent citizens, that people should accept only jobs build this country­from the diligence worthwhile officials, competent journal- with temptations they can resist. Rich of Madison to the deaths of our sol- ... ists, sound laws, and appropriate con- diers in Vietnam. It is no refuge to insist victions for crime. Think of the good that other people, even other police, things­they are always there. yield to these temptations and get So, if this is the challenge­to ex- away with it. The badge and the shield ercise authority responsibly and to use are not licenses for personal gain. power appropriately in circumstances Rather, they should signify that the which are far from ideal, and when person who holds them is worthy of none of us is an angel­how, in prac- trust. The person who serves the law tice, is it to be met? and the public should be committed to

18 I FBI law Enforcement Bulletin ______the experiment in ordered liberty. Finally, there is respect for per• When one puts on the badge, he is still "Technical skills and sons, not because they are good or a human being-he is still no angel. He noble, but simply because they are is, however, expected to stand for the self-knowledge are people. This kind of respect is em• best in us. straightforward bodied in the eighth amendment to the Technical skills and self-knowl• dimensions of the U.S. Constitution which prohibits cruel edge are straightforward dimensions of police officer worthy and unusual punishment. It does not the police officer worthy of the badge. prohibit cruel and unusual punishment Not all officers possess them, making it of the badge." only for decent people-it prohibits it much worse for them, much worse for for everyone. It is difficult, sometimes, their colleagues, much worse for the in the company of dope users, rapists, rest of us, and much worse for the This same sentiment could be applied or pimps to preserve this sense of experiment in ordered liberty. That is to wisdom-having a sense of where limits as to what we can rightly do, but the risk involved in being human and in you are with respect to the Constitu• preserve the limits we must. In some entrusting authority to human beings. tion, the laws, the public, your col• police divisions citizens are referred to As I have said, there is much to leagues, and the other people in your as " maggots." Officers will comment, being excellent at police work. There lives. It takes practice to achieve it, just " Why should I risk my life for some are fundamental virtues of good per• as it does to achieve other cardinal maggot?" The vision won't work. Every sonal character-wisdom, temper• virtues. It comes from reading books time a parent attempts to make a child ance, justice, courage, and integrity. and paying attention to one's experi• behave by threatening to turn him over ence. Temperance means self-control, Integrity means wholeness and to a policeman, teaching him that the not giving oneself over to impulse, unity. It means being one person at officer is to be feared, it becomes im• rage, or fleeting desire for instant grati• work, at play, and in all parts of occu• portant for the officer to remember the fication. Justice consists of fair, nondis• pational, civic, personal, and social life. limits and to preserve the capacity to criminatory treatment in light of This is the kind of wholeness that treat people fairly and within the law, relevant facts and circumstances. makes people trustworthy, not only in no matter how bad they are or what Courage means physical bravery-the the sense that they are honest but also laws they have broken. This does not bravery to make decisions, to stand by in the sense that they make reliable, mean that the civil rights of the public well-reasoned decisions and judg• them when they are right, and to im• are more important than those of the ments. They don't act impulsively even prove upon them when they are wrong. police, that the life of a "civilian" is when they have to act quickly. This These virtues-technical skills, more important than that of a police kind of trustworthiness is akin to wis• self-knowledge, integrity, wisdom, tem• officer, or that an officer should never dom-to being able to read situations perance, justice, and courage-are the use force or violence. It does mean and people in order to understand backbone of the ability to exercise dis• that the police are obliged, as Madison what is meant by what one sees and cretion soundly in the performance of puts it, to govern themselves in the hears. It is not just being street smart, one's duties and the conduct of one's performance of their duties. They are being able to sense that someone is life. They are the characteristics that obliged to remember that the most "hinky," or being able to sense that "separate the men from the boys." despicable person is still a human be• something is amiss. Important as these They are the achievements that distin• ing. traits are, it goes much farther than guish mature adults from children and Police officers who take these these. When Bill Bradley, currently the immature adults. People who achieve matters seriously bring a nobility to the junior Senator from New Jersey, them do not have empty heads. They work. This is not to romanticize them• played his last game for Princeton in make mistakes, but they are able to they are worthy of the trust placed in the NCAA consolation finals, he con• avoid them frequently. They do not them. They have taught me about insti• cluded his time on the floor with a have hollow chests. They experience tutions other than the police, and I dazzling array of shots, all successful. fear, but they do not run away. They have used what they taught me. They He made baseline jumpers, fall-aways, experience temptation. Sometimes have explained what they say to peo• and hook shots, some without ever they yield to it, because they are not ple from other cities where it is com• looking at the basket. Asked later how angels. Often, they succeed in resist• mon practice to give an officer money he could do that, he explained that as ing it-they do not betray their oaths. if stopped for a traffic violation or a boy he had practiced every day, and drunkenness. Their response is, "We at the end of his practice, he would don't do that here." Now, in the institu• shoot 10 different shots, 10 times in tions I serve-in the college where I succession, until he made the 100 work-when something is not done as shots. This diligent practice gives one, it should be, I say, "We don't do that he said, "a sense of where you are." here." FBI

- ______November 1981 / 19 FACTSITUA TlON: An NYPD informant has information concerning a bank rob- bery gang operating in the South Bronx. Two police officers have been shot. Nearly $250,000 in loot has been obtained in four separate robberies. When a joint task force is in operation, who gets the information? How is it Joint FBI/NYPD handled? Ifnecessary, who pays for it? Competition is a natural human and social phenomenon. It is the basis Task Forces: upon which our system of free enter- prise has grown and developed. How- ever, when competition erupts between individual law enforcement of- A Study in ficers and agencies, the ultimate goal of law enforcement is lost in the laby- rinth of real or imagined slights. The fact that an investigation is being con- Cooperation ducted to lead to a successful pros- ecution all too often becomes By secondary. Over 40 years ago, the late J. KENNETH P. WALTON Edgar Hoover, then Director of the Deputy Assistant Director Federal Bureau of Investigation, Federal Bureau of Investigation placed the entire issue in the open New York, N. Y. when he said , "Cooperation is the and backbone of effective law enforce- PATRICK J. MURPHY ment." Chief of Operations Forming a Joint Task Force New York City Police Department New York, N. Y. Specific problems require specific solutions. When armed bank robberies in New York City reached epidemic proportions in mid­1979, both the FBI and the New York City Police Depart- ment recognized that the historic prac- tice of concurrent separate investigations by the NYPD's Major Case Squad and the FBI 's Bank Rob- bery Squad could no longer quell the problem. The commissioner of police and the chief of operations, in concert with FBI officials, realized that armed bank robberies had emerged as a plague that transcended traditional remedies. Representative of this epi- demic, in the last week of July 1979, 48 bank robberies occurred in the New 1 York City area.

A New York FB/I NYPD Task Force In operation at the command post.

20 / FBI Law Enforcement Bulletin ______However, coffee in the commissioner's "'Cooperation is the office is a world apart from the adrena• lin-pumping action of a street corner in backbone of effective Harlem, where decisions must be law enforcement.'" made on the spur of the moment with• out the benefit of amenities and when In an effort to curb this upswing in the integrity of an agency swings in the balance. urban violence, a jOint FBI/NYPD task force was formally announced on Au• gust 6, 1979. It represented the culmi• Memorandum of Understanding nation of considerable precursory A formalized Memorandum of Un• work. Meetings with the U.S. Attorneys derstanding was executed between for the Southern and Eastern Federal the two agencies, addressing the pur• Judicial Districts resulted in agree• pose of the task force and identifying ments delineating each agency's re• its mission, namely, the investigation of sponsibilities. The NYPD Major Case armed bank robbery violations in New Squad would investigate all unarmed/ York City and the subsequent appre• note demand violations; the remaining hension of those individuals who com• ,incidents would be referred to the joint mitted these violations. The memo• Deputy Assistant Director Walton task force. All task force undertakings randum states the task force would would proceed in accordance with the operate within the confines of the four Federal Rules of Criminal Procedure. boroughs of Manhattan, Bronx, Brook• The task force is headquartered in lyn, and Queens. Violations in Staten the Criminal/Organized Crime Division Island would continue to be handled by of the FBI in New York. Identification the local police divisions and the FBI badges were supplied to the police office covering that borough. However, members of the task force, as were as specified in the memorandum, the office equipment and supplies. Vehi• task force would render any assistance cles and communication equipment to Staten Island, as needed. were furnished by the respective agen• The agreement went on to state cies to enable the group to become the NYPD would allocate 16 person• operational as soon as possible. The nel, to include 2 supervisory person• end result was that the task force nel, while the FBI would provide 14 members began working side-by-side. Special Agents, including a Supervi• However, all this was not accom• sory Special Agent and sufficient sup• plished by a mere stroke of the pen. port employees to meet the needs of Everyone knows that cerebral agree• the task force. The assigned supervi• ments between heads of two agencies sors would be responsible for address• have a way of disintegrating when they ing and resolving operational Chief Murphy are subjected to the stress of day-to• problems. To insure that the task force day operations. The top men met infre• concept worked, every effort was quently in comfortable surroundings. made to cultivate an aura of camarade• rie and cooperative spirit between the individuals and agencies involved. The drafters of the Memorandum of Understanding recognized the prob• lems inherent in the jOint task force concept and confronted them directly. The information possessed by an in• formant would be accepted by a mem• ber of the task force, whether it be an FBI Agent or a police officer. The FBI agreed to pay any reasonable and nec• essary expense regarding informants, providing there was compliance with the FBI's guidelines on informants.

------______November 1981 / 21 NYPD informants used by the task not know he had been identified. force are assigned a numerical identifi• Therefore, the search warrant had to er (NYCPD 1 TF) and an appropriate "A formalized be executed without his knowledge informant file is opened and main• Memorandum of and the results sealed. An early morn• tained by the police department. All Understanding was ing search by members of the task information, including the identity of the executed between force resulted in the acquisition of ad• informant and recommendations for ditional evidence that produced suffi• payment and receipt for information, is the two agencies, cient probable cause to obtain an entered into this file. For accounting addressing the arrest warrant. His whereabouts was and control purposes, an identical file, purpose of the task unknown and extended surveillance of minus the identity of the informant, is his commonlaw wife by members of maintained by the task force. Receipts force and identifying the task force indicated that the sus• of payment to the informant, signed in its mission. . . ." pect occasionally came to his com• his code name, are also maintained in monlaw wife's apartment late in the both informant files. FBI informants evening and left prior to sunrise. It was In mid-1980, the Bank Robbery would be treated in accordance with also determined that two German Task Force was called into a case in the provisions of the Attorney Gener• Shepherds were maintained in the which a retired New York City police• al's informant guidelines and the rules apartment for security purposes. Act• man attempted to thwart a robbery and of the FBI regarding handling and pay• ing in concert, FBI Agents and police was shot and seriously wounded in the ment of informants. officers of the task force obtained an Also included in the memorandum process. He was able to wound one of arrest warrant which was to be execut• the robbers, who was subsequently ap• is the stipulation that all investigative ed at 3:00 a.m. on August 7, 1980. prehended at the bank. Not surprising• records would be maintained in the FBI Using uniformed personnel from the ly, the wounded bank robber refused to office and would use FBI reporting pro• New York City Police Department to cooperate with authorities. cedures. The NYPD record system set up a perimeter to seal off vehicular Investigation by the joint task would receive the Detective Bureau's traffic and other modes of escape in force soon developed information that Unusual Occurrence Report in all as• the area, the task force members en• signed cases. the wounded gunman and his escaped tered the apartment and arrested Another issue, perhaps the next accomplice had been responsible for White before he had an opportunity to most sensitive issue, second only to nine bank robberies in New York within flee. Found in the apartment at the informants, was also addressed in the a short period of time and had escaped time of his arrest were a sawed-off Memorandum of Understanding-me• with nearly $75,000. shotgun, various revolvers, and auto• dia relations. No information pertaining One of the getaway cars used by matic handguns, including the firearm to either the task force or task force this bank robbery team proved to be used to shoot the retired police officer. investigations is to be released formal• registered fictitiously to a taxi service. This type of coordinated effort can only A large-scale effort by members of the ly or informally without mutual approval be accomplished when law enforce• joint task force was mounted in an of the respective agencies. All re• ment places professional competition attempt to locate the getaway vehicle, leases, press inquiries, or interviews, behind them in the interest of the and in the process, a suspect-Chris• as with information matters, are con• greater good. topher White (not his true name)-was sistent with the existing Department of During 1979, there were 319 identified. Subsequently, a garage was Justice guidelines and regulations. armed bank robberies in New York located where White allegedly stored City, of which 52 percent were cleared. Task Force Operations the getaway vehicle. Police officers During 1980, the first full year of the and FBI Agents acting together had All cases are jointly investigated; joint task force's operation, armed insufficient evidence to arrest the sus• each task force team consists of a bank robberies had fallen to 252. The police detective and an FBI Agent. pect, but did have sufficient probable task force clearance rate for 1980 was More importantly, however, is the un• cause at the time to obtain a search 85 percent. By mid-1981, the task derstanding between the members warrant. It was important that White force complement consisted of 15 that unilateral action on the part of Special Agents and 17 NYPD detec• either agency is not in the best interest tives. Less than 2 years after its forma• of the task force. As the reporting rules tion, the number of armed bank conform to FBI procedure, the task robberies which occurred during the force investigative procedures conform first 3 weeks of June 1981, averaged to the requirements for Federal pros• only 4.3 per week. ecution. Use of informants also adhere to FBI guidelines.

22 / FBI Law Enforcement Bulletin ______In the spring of 1980, the commis- terrorists in the New York City area sioner of police awarded the Bank resulted in sufficient probable cause to Robbery Task Force a unit citation for "... when obtain indictments of five of the nation- its work in 1980. This is the highest competition erupts alists who were participating in their recognition that a command can re- between individual proposed terrorist acts. Ultimately, five ceive from the New York City Police law enforcement were convicted in Federal court and Department. The award was accepted received sentences ranging from 25 to by a Supervisory Special Agent and a officers and agencies, 35 years.. • police lieutenant, the task force com- the ultimate goal Capitalizing on the results, the manders. of law enforcement joint Terrorist Task Force continued its probe of terrorist acts by members of .IS It" Terrorist Task Force os .... this group. In June 1981, a racketeer- In late 1979 and early 1980, New ing indictment named the hierarchy of York City was racked by a series of The Croatian terrorists are some a Croatian organization as a racketeer- terrorist bombings, bomb threats, and of the most violent in existence today. ing enterprise. In nationwide arrests .. the assassination of a diplomat. Rec- Their efforts certainly represent the from Los Angeles to New York, includ- ognizing once again that a specific so- most violent terrorist acts encountered ing one arrest in Canada, leaders and lution must address a specific problem, in the United States. They were re- former leaders of this Croatian group ... and because of the success of the sponsible for at least 50 deaths were charged with murder, extortion, earlier joint Bank Robbery Task Force, throughout the world since 1972. As interstate transportation of incendiary a joint FBIINYPD Terrorist Task Force rightwing, anti­Tito fanatics, they used devices, and conspiracy in an overall was formed. bombings, assassinations, extortion, blanket Racketeer Influenced and Cor- Both agencies readily acknowl- and skyjackings as their tools. In 1975, rupt Organization (RICO) indictment. edged that there was a lack of cooper- the Croatian terrorists began appearing The cooperation which exists be- ation between the NYPD Arson and in New York. On May 3, 1975, the tween members of the NYPD and ~ Explosion Unit, responsible for bomb- Yugoslav Consul­General and his wife Agents of the FBI as a result of the ing investigations, and the Terrorist were assaulted. Slightly over a month formation of this task force was primar- Squad of the New York FBI Office. later, the Yugoslav Mission to the ily responsible for this major investiga- .. There were instances where evidence United Nations in New York was tive accomplishment. acquired by one agency was not bombed. Five Croatian nationalists hi- Problems which are indigenous to promptly and appropriately shared with jacked a TWA aircraft enroute from New York are frequently viewed as the other. There was open animosity Newark to Paris, and a New York City being solved by their mere recognition. between the Agents and police offi- policeman died in a bombing related to In other words, historically, the FBI and cers. Only members of the terrorist that hijacking. During the period May the NYPD were viewed as friendly ad- groups operating in New York profited 1975, through mid­1980, 13 terrorist versaries competing in many of the from this dissension. acts were attributed to the Croatians. same general areas. Many people As was the case with the joint At the same time, FBI field offices thought it would always remain the Bank Robbery Task Force, a formal- in Los Angeles, San Francisco, Chica- same because it has always been that ized Memorandum of Understanding, go, and Cleveland were continuing way. The formation of these two task using much of the same procedural their investigation of terrorist acts car- forces indicates unequivocally that on .. data, was executed between heads of ried out by the Croatians. The New occasion, problems not only can be the two agencies. Members of the York City Office of the FBI became the identified but also addressed and cor- NYPD Arson and Explosion Unit, who focal point in this nationwide probe as rected. I'BI • were designated to be members of the intelligence data were collected by the task force, were provided the same joint Terrorist Task Force, which led services by the FBI as was the Bank them to believe an assassination at- • Robbery Task Force. tempt was about to occur. In Novem- Not surprisingly, when the task ber and December 1980, around­the- force was announced in a major press clock surveillance of known Croatian conference, terrorist incidents dropped ,. substantially. Slowly, the Terrorist Task Force grew into a cohesive, highly pro- fessional unit. As the initial competitive ~ antagonism gave way to a mutual co- operative spirit, results began to ac- crue.

------______Novemoor1981 123 THE MOTOR VEHICLE EXCEPTION __- TO THE SEARCH • cover capacity) and agreed to sell WARRANT REQUIREMENT them a quantity of whiskey which they indicated would be obtained from the (PART I) east end of Grand Rapids (in the direc• tion of Detroit). For reasons not appar- f' By The fourth amendment to the U.S. ent in the record, the transaction was not consummated and the whiskey JOHN C. HALL Constitution prohibits "unreasonable searches and seizures." 1 Although never delivered. However, about a Special Agent there is no explicit warrant requirement week after the meeting, the agents + Legal Counsel Division in that amendment, the U.S. Supreme spotted the Carroll automobile travel• Federal Bureau of Investigation Court has held that warrantless ing the road from Grand Rapids to Washington, D. C. searches "are per se unreasonable Detroit. An attempt to follow the vehi- • under the Fourth Amendment-subject cle to determine its destination was only to a few specifically established unsuccessful. and well-delineated exceptions." 2 Fur• Because of their knowledge of the ~ thermore, "the burden is on those area as "one of the most active cen• Law enforcement officers of other seeking the exemption to show the ters" for smuggling whiskey into the than Federal jurisdiction who are need for it." 3 United States, the earlier offer of the ~ interested in any legal issue discussed One of the " few carefully deline• same two men (in the same vehicle) to in this article should consult their legal ated and limited exceptions" was first sell whiskey to the agents, and the adviser. Some police procedures ruled recognized by the Supreme Court in earlier observation of the vehicle on permissible under Federal constitutional law are of questionable Carroll v. United States,4 a 1925 deci• the same highway, the agents stopped legality under State law or are not sion issued in the midst of the Prohibi• the car and searched it. Beneath the permitted at all. tion era. The newly arrived-on-the• upholstery of the seats they found sev• scene automobile was a natural attrac• eral bottles of contraband whiskey, tion for the "bootlegger" who required some of which was introduced at trial a means of transporting his contraband to secure the convictions of Carroll and ~ goods swiftly from one point to another Kiro for violation of the National Prohi• to meet the demands of the market bition Act. and to evade detection and capture by Carroll and Kiro appealed their H the authorities. convictions to the U.S. Supreme Court, On December 15, 1921, Federal challenging the legality of the search. It Prohibition agents were routinely should be noted that the agents did not , patrolling a road between Grand have a warrant to search the auto• Rapids and Detroit, Mich., when they mobile; they did not have the voluntary observed an automobile occupied by consent of Carroll or Kiro to conduct George Carroll and John Kiro traveling the search; and the search was not from the direction of Detroit toward incidental to an arrest, inasmuch as no Grand Rapids. About 2 months prior to arrests occurred until after the search the sighting, the same two men, driving uncovered the contraband. the same automobile, had met with the Nevertheless, the Supreme Court agents (who were acting in an under• upheld the search and affirmed the

convictions. In so doing, the Court 4 acknowledged the general requirement that a warrant be obtained prior to conducting a search, but concluded 4>

24 / FBI law Enforcement Bulletin that historically, the fourth amendment Considering the facts, the Court had been construed as recognizing: concluded that there was probable ". . . there is a necessary difference cause to believe that whiskey was in between a search of a store, dwell• the car. Given the probable cause, the ing house, or other structure in Court considered that the mobility of respect of which a proper official the vehicle created an exigency ren• warrant readily may be obtained, and dering the securing of a search warrant a search of a ship, motor boat, wag• impracticable, therefore justifying the on, or automobile . . . where it is not warrantless search. In the words of the practicable to secure a warrant be• Court, such searches are reasonable cause the vehicle can be quickly where: moved out of the locality or jurisdic• 1) " .. . the search and seizure with• tion in which the warrant must be out a warrant are made upon sought." 5 probable cause ...." 7 and While recognizing that there is a 2) " . . . it is not practicable to secure " necessary difference" between the a warrant because the vehicle search of a house and the search of an can be quickly moved . .. . " 8 automobile, the Court emphasized that The Supreme Court's decision in the difference was not enough to place Carroll marks the beginning of the Special Agent Hall automobiles and other vehicles com• "Carroll Rule" or what is more fre• pletely beyond the protections of the quently referred today as the " auto• fourth amendment. On the contrary, mobile exception." This article traces the Court stated: the development of the exception from " It would be intolerable and unrea• its origin in Carroll to the present day sonable if a prohibition agent were and examines the manner in which it authorized to stop every automobile has been applied by the courts. Spe• on the chance of finding liquor . ... cifically, judicial interpretation of the those lawfully within the country, en• probable cause and exigent circum• titled to use the public highways, stances standards as applied to vehi• have a right to free passage without cles will be reviewed in an effort to interruption or search unless there is assist the law enforcement officer in known to a competent official au• judging when this exception can be thorized to search, probable cause used to justify a warrantless vehicle for believing that their vehicles are search. Two points are worthy of em• carrying contraband or illegal mer• phasis before proceeding. chandise." 6 (emphasis added) First, the commonly accepted phrase "automobile exception" is somewhat misleading because the rule is not limited in application to auto• mobiles. As noted above in Carroll, the Court suggested that the same charac• teristics which distinguish automobiles from houses are applicable to a " ship, motorboat, wagon" or " other vehicle." 9 Indeed, in subsequent cases, the ex• ception has been applied by the courts

November 1981 / 25 " . . the exception to the warrant requirement recognized in Carroll is distinct from, and should not be confused with, one of the other major exceptions to the warrant requirement-the search incidental to arrest." .. to sustain warrantless searches of a against the law. 22 Furthermore, while were two obvious reasons. First, the variety of vehicles, including boats,10 the search may extend beyond the case which gave rise to the new rule aircraft,ll camper trailers,12 mobile passenger compartment to other parts involved a warrantless search conduct• homes,13 tractor-trailers,14 and even a of the vehicle where the evidence or ed by Federal officers under the au• U-haul trailer attached to an auto• contraband sought can reasonably be thority of a Federal statute. But more mobile.15 Therefore, throughout this ar• located­including the trunk­it may importantly, the fourth amendment it• ticle, the phrase "vehicle exception" is not extend into separate containers, self-with its proscription of unreason• used in lieu of "automobile exception," such as suitcases, found in the vehicle able searches and seizures, its inasmuch as the rule clearly is intended "unless the container is such that its Warrant Clause, and its judicially de• to embrace mobile vehicles in general. contents may be said to be in plain vised Exclusionary Rule-had not yet The second point to be empha• view," 23 either because the contents been applied to the States. In a word, sized is that the exception to the war• can be inferred from the very nature of the authority possessed by State and rant requirement recognized in Carroll the container or because the container local officers to search for and seize , is distinct from, and should not be itself is not closed. 24 evidence was defined essentially by confused with, one of the other major The foregoing may tempt the read• the legislatures and courts of the re• exceptions to the warrant require• er to concur with a recent observation of spective States. ment-the search incidental to arrest. Supreme Court Justice Rehnquist that This picture began to change in The latter is dependent upon a "the decisions of this Court dealing 194927 when the Supreme Court applied lawful custodial arrest,16 regardless of with the constitutionality of warrantless the 4th amendment to the States the probability that weapons or evi• searches, especially when those through the Due Process Clause of the 4 dence would in fact be found,17 and searches are of vehicles, suggest that 14th amendment and followed up that encompasses the arrestee's person this branch of the law is something less decision by imposing the Exclusionary and the area within his immediate con• than a seamless web." 25 But if it illus• Rule in 1961.28 trol,18 an area which the Supreme Court trates the complexities of search and The cumulative effect of these de• has quite recently construed to mean seizure law relating to vehicle searches velopments was to focus greater atten• the passenger compartment (but not today, it also emphasizes the need for tion on the few carefully delineated and the trunk) 19 of an automobile following law enforcement officers to possess a limited exceptions to the warrant re• the arrest of its occupant(s), including workable knowledge of that law. quirement, particularly the little-known ~ any containers, opened or closed,2o and rarely used vehicle exception. In found therein. Developments the midst of a perSistent stream of Conversely, the validity of a At the time of its conception, and cases from the Supreme Court in re• search conducted pursuant to the vehi• for many years thereafter, the vehicle cent years in which the warrant re• cle exception is not dependent upon exception to the warrant requirement quirement has been emphasized and the right to arrest 21 but is dependent of the fourth amendment created hard• extended,29 the vehicle exception may on the reasonable cause (probable ly a ripple in State and local law en• be said to have flourished, with its cause) the officer has for belief that the forcement circles. Although the most remarkable period of growth be• contents of the automobile offend Supreme Court had occasion to recog• ginning in 1970 and continuing virtually nize its holding in Carroll on at least without pause to the present. During .. four other occasions between 1925 this 11-year period, there have been and 1970,26 not one of those cases more than 12 cases30 decided by the involved State prosecutions. There U.S. Supreme Court alone which have recognized the rule, almost all of them Y I involving searches of vehicles con- .. ducted by State and local officers and I some of them broadening the applica• .. tion of the rule. Contrasting the past 11 years of its life with the first 45 con• firms the view that the vehicle excep- ~ . tion has emerged from the decade of '"

26 I FBI Law Enforcement Bulletin the 1970's as one of the most effective Most law enforcement officers to• participated in negotiations with Carroll search and seizure tools available to day can quote some variation of that and his partners to purchase whiskey the modern law enforcement officer. It definition. On the other hand, any dis• from them, they also personally ob• is this renewed vitality which compels a cussion of probable cause is likely to served Carroll's vehicle on two occa• closer look at the rule. generate a comment to this effect: " I sions traveling a road known to the The vehicle exception, by defini• can't tell you what it is, but I know it agents as one commonly used by tion, envisions the law enforcement of• when I see it. " While the statement is bootleggers, and they had personal ficer on the scene making the initial generally meant to be amusing, it, nev• knowledge of the area's reputation as judgment as to its applicability. There ertheless, expresses an important a center for the illicit whiskey business. are two threshold questions which point-probable cause is a concept In Brinegar v. United States,34 an must be answered. Is there probable more conducive to illustration than to investigator for the Alcohol Tax Unit cause to believe evidence or contra• definition. was parked in a car in northeastern band is in the vehicle? If so, are there The following cases will perhaps Oklahoma near the Missouri-Oklahoma exigent circumstances which would serve to illustrate the quality and quan• State line when he observed Brinegar justify a warrantless search? tity of information deemed necessary drive past from the direction of Joplin, by the courts to establish probable Mo. He had arrested Brinegar in the The Probable Cause Requirement cause to believe evidence or contra• recent past for illegally transporting "In enforcing the Fourth band is in a vehicle. It will be noted that liquor, had personally observed him Amendment's prohibition against the facts and circumstances which loading liquor into a vehicle in Joplin, unreasonable searches and give rise to probable cause may come Mo., on at least two occasions in the seizures, the Court has insisted upon from a variety of sources and may be recent past, and knew him to have a probable cause as a minimum acquired through the firsthand experi• reputation for hauling liquor. In addi• requirement for a reasonable search ences of an officer or through second• tion, the vehicle appeared to the officer permitted by the Constitution."31 hand (hearsay) sources. More often to be heavily loaded. The Supreme In Carroll, the Supreme Court pro• than not, it is a combination of the two. Court concluded that this information vided one of the most frequently cited A review of some examples of prob• was sufficient to establish probable definitions of probable cause: able cause as determined by the cause to search Brinegar's automobile .. "... facts and circumstances within courts will enhance our ability to " know for liquor. their knowledge, and of which they it when we see it. " A particularly interesting case in• had reasonably trustworthy As the Supreme Court has stated: volving an officer's personal knowl• information. . . . sufficient in " In dealing with probable cause . . . edge and observations is United States themselves to warrant a man of we deal with probabilites. These are v. Matthews,35 decided by the U.S. reasonable caution in the not technical; they are the factual Court of Appeals for the 10th Circuit. belief . .. ."32 and practical considerations of Military officers on a military base ob• everyday life on which reasonable served a civilian car with military li• and prudent men, not legal cense plates. Their suspicions were technicians, act. "33 aroused further because the car did not have a military decal and the offi• FIRSTHAND INFORMATION cers knew that it should if it were an Personal Knowledge authorized military vehicle. When Mat• Personal knowledge is obviously thews was asked for identification, he one of the most common sources of information establishing probable cause. The Carroll case itself is illustra• tive. The Federal agents personally

l"r November 1981 / 27 "The plain view sighting of evidence or contraband in a vehicle not only subjects them to seizure but may provide probable cause to conduct a search of the vehicle for other such objects."

produced an apparently altered regis• contraband...." 38 Furthermore, the For example, in United States v. tration form for a Chevrolet, even court stated: Johnson,41 a vehicle was stopped by though the car in question was a Ford. "The lawfulness of the search was police at night for a traffic violation. Matthews was unable to produce his not dependent upon the trooper's Three male occupants left the vehicle military log book, which the officers having probable cause to believe the and approached the police car, while a knew military vehicles carry. The court cargo consisted of stolen cigarettes. female remained inside. A routine war• determined that "the facts of this case It is enough that he had probable rant check revealed that one of the indicate that there was probable cause cause to believe that the truck was men was wanted for assault and bat• to search the vehicle for evidence per• carrying stolen goods or some sort tery. He was immediately arrested and taining to its theft." 36 of contraband." 39 searched, whereupon a number of Another case to illustrate the im• .410-gage shotgun shells were found portance of an officer's personal knowl• Plain View in his pocket. An officer approached edge is United States v. Gomori. 37 A In addition to those cases wherein the stopped vehicle, shined a flashlight West Virginia State trooper stopped a the officers had personal knowledge of inside, and saw what appeared to be rental truck in the northern panhandle criminal activities or personally ob• the butt end of a shotgun wedged be• of the State, based on a departmental served suspicious activities or circum• tween the cushions of the back seat. communication advising that such ve• stances, there are cases wherein The officer entered the car and re• hicles were being used to transport probable cause may arise because an moved a 12-gage sawed-off shotgun. stolen goods. At the time of the stop, officer sees evidence or contraband in A further search located a .410 sawed• the trooper noticed the truck was heav• "plain view." In Harris v. United States, 40 off shotgun in the front seat area. The ily loaded and resting on overload the Supreme Court stated: Federal appellate court upheld the springs. The operator of the truck pro• "It has long been settled that objects seizure of the first shotgun under the duced a lease agreement which indi• falling in the plain view of an officer plain view doctrine (including use of cated he was carrying a load of who has a right to be in the position the flashlight) and held that the finding furniture. However, when asked the na• to have that view are subject to of the first shotgun gave probable ture of his cargo, the operator stated seizure and may be introduced in cause to search the car for other the truck was empty. The trooper re• evidence." weapons. quested to search the truck by con• The plain view sighting of evi• sent, which was twice refused, but dence or contraband in a vehicle not Sensory Perception granted when the trooper stated that only subjects them to seizure but may The rationale of the plain view he would get a search warrant. The provide probable cause to conduct a doctrine has logically been applied to search revealed a truckload of stolen search of the vehicle for other such other sensory perceptions, particularly cigarettes. objects. the sense of smell. In United States v. Gomori challenged the search, Rumpf, 42 Federal Drug Enforcement contending that the consent was not agents in New Mexico observed two voluntarily given. The U.S. Court of vehicles with camper trailers, previous• Appeals for the Fourth Circuit by• ly observed in connection with a mari• passed the consent issue, however, huana transaction, traveling in an area and ruled that there was "probable which the agents had learned would be cause for the trooper to believe that the pickup site for a load of marihuana the truck was carrying stolen goods or coming from Mexico. The following morning, the same vehicles were fol• lowed from the area of the pickup to a farm where the agents observed mari• huana in plain view. In addition, they

28 I FBI Law Enforcement Bulletin ______1" .. smelled the odor of marihuana ema• SECONDHAND INFORMATION ". . . probable cause may emanate nating from the trailers. The Federal Identifiable Sources from the collective knowledge of the appeals court sustained the search, police, though the officer who per• It is probably safe to say that most stating, ". . . smell alone is sufficient forms the act of arresting or search• crimes do not occur in the presence of probable cause for a search." 43 ing may be less informed." 49 law enforcement officers. For that rea• son, the information necessary to es• Another illustration may be helpful. Officer's Expertise In Wood v. Crouse,50 a county sheriff .. tablish probable cause must frequently The weight which an officer may arrested the occupants of an auto• come to the officer from secondhand attribute to a particular item of informa• mobile based on a report that an occu• sources. Typical is information re• pant of a vehicle of precisely the same tion and the inferences which he may ceived from victims or witnesses 46 or draw therefrom are largely the result of description had attempted to pass a that which is transmitted to the officer stolen check. At the time of the arrest, the officer's training and experience. by radio.47 The courts are cognizant of that fact a stolen check was found in the shirt In addition, information possessed and rely upon it in evaluating probable pocket of one of the individuals. The by fellow officers may be attributed to cause. occupants were removed to jail and the officer making an arrest or con• In United States v. Zurosky,44 Fed• the vehicle left parked by the highway. ducting a search under the "collective eral customs officers observed a boat At the sheriff's request, a highway knowledge" rule. An example is United tied to a fish warehouse loading dock patrolman took the keys, drove the States v. Hawkins,48 in which an officer where a large amount of marihuana vehicle to the sheriff's office, and using binoculars observed Hawkins ap• was discovered. When the officers searched it, locating 93 additional parently engaged in peddling mari~ua­ boarded the vessel, they noticed the stolen checks. At the time of the na. After one transaction, the officer decks and hold were wet, despite the search, the patrolman was aware of a observed Hawkins carry the money ob• absence of rain or high seas. A search report that some checks had been tained to the trunk of his car. Informa• of the boat revealed a quantity of mari• stolen and of an attempt to pass such tion concerning the transaction was huana. In sustaining the search, the checks. He was not present when the radioed to another officer, who arrived Federal court of appeals stated: arrests were made and was not aware on the scene and placed Hawkins un• that a stolen check had been discov• "Taking into account the officers' der arrest. The arresting officer re• ered on one of the vehicle's occu• experience it was reasonable for moved marihuana, money, and the them to believe that an effort had pants. keys to the car from Hawkins and the~ been made to eliminate evidence of Nevertheless, the Federal appel• searched the car, where additional eVI• marijuana by hosing down the ship late court upheld the search based on dence was found. Hawkins challenged and also reasonable for them to be• probable cause and concluded: the search of his car, contending that lieve that a thorough search of it "In determining whether probable the supervising officer who ordered the would reveal marijuana." 45 cause existed we must evaluate the search lacked probable cause. The collective information of all the offi• .. Federal court of appeals rejected the cers." 51 argument and concluded that probable cause existed. In a footnote to the Unidentified Sources-Informants ,. opinion, the court explained: When the source of information can be clearly identifed, a reviewing magistrate can readily evaluate th.e .in• formation presented in determining whether there is probable cause. Other• wise, it may be impossible to ascertain how credible the source may be or whether the information itself is reliable.

November 1981 / 29 " . . information possessed by fellow officers may be attributed to the officer making an arrest or conducting a search under the 'collective knowledge' rule."

Nevertheless, the necessity for us• In Arkansas v. Sanders,53 a case Through other investigation, the ing confidential sources to establish in which the Supreme Court sup• officers learned that the individual to probable cause has long been recog• pressed the fruits of a warrantless whom the Toyota was registered had a nized by the courts. Special rules have search of a suitcase found in an auto• daughter who matched the description been devised to accommodate the mobile, the Court nevertheless found of the female in the motel room and competing interests of law enforce• that there was probable cause estab• who was under indictment in Texas, ment on the one hand, and some as• lished by an informant's tip and the and that the vehicle had recently been .. surance that information used to officers' corroborating observations. in Mexico. Furthermore, during the pe• establish probable cause to arrest or The Court said: riod of surveillance, the occupants of search is reasonably trustworthy on "A previously reliable informant had the motel were visited by an individual the other. provided a detailed account of known to the officers as a dealer in In Aguilar v. Texas, 52 the Supreme (Sanders') expected arrival at the marihuana. Court established a two-pronged test Little Rock Airport, which account The following day, the officers fol• requiring that a reviewing magistrate proved to be accurate in every detail, lowed the three individuals to another be advised of: (1) The underlying cir• including the color of the suitcase. location and observed what appeared cumstances from which the confiden• . . . Having probable cause to be• to be a narcotics transaction. One per• tial informant concluded the facts lieve that contraband was being driv• son was observed removing some supplied were true (Le., how did the en away in a taxi, the police were white bags from the trunk of the informant acquire the information); and justified in stopping the vehicle, Toyota, at which point the officers (2) the reason for believing the source. searching it on the spot, and seizing moved in, searched the Toyota, and If the confidential informant's tip is to the suitcase. . . ." 54 arrested the three occupants upon be the sole basis for the probable Another illustrative case is United finding marihuana in the trunk. The cause, both prongs of the test must be States v. Nocar.55 Federal narcotics probable cause for the search was met. Otherwise, the information must officers received telephone information challenged by the defendants on the be corroborated by other evidence. from an informant who had previously ground that the informant's tip did not This standard, which governs the supplied reliable information that two indicate the basis for the assertion that issuance of a search warrant, is also men and a woman, driving a blue the persons he mentioned were at• applicable when an officer is making a Toyota automobile with Texas license tempting to sell narcotics (Le., the first judgment of probable cause to support plates, were in Chicago attempting to prong of the Aguilar test). The court a warrantless search. locate buyers for narcotics. The infor• rejected the argument, holding that the As the following cases demon• mant's information included a descrip• informant was credible because he strate, when probable cause to search tion of the general area where the had supplied reliable information in the a vehicle is dependent upon an infor• three were staying at a motel. The past, and furthermore, the additional mant's tip, there is usually other evi• vehicle was located by the officers at a investigation conducted by the officers dence to corroborate. motel in the area indicated by the in• provided sufficient corroboration. 56 .. formant. They confirmed through ob• The foregoing cases illustrate the servation that two men and a woman manner in which the probable cause were occupying the room to which the standard has been applied by the vehicle occupants were registered. courts to warrantless vehicle searches. They emphasize the necessity of facts and circumstances to establish prob• able cause and demonstrate the im• portance of an officer being capable of articulating those facts and circum• stances upon which he relied.

30 / FBI Law Enforcement Bulletin They also confirm an important Footnotes 35 615 F.2d 1279 (10th Cir. 1979); see also, Orricerv. , The fou­th amendment reads as follows: ''The right Erickson, 471 F.2d 1204 (8th Cir. 1973). point made by the Supreme Court sev- 38ld. Matthews, at 1287. of the people to be secure in their persons. houses, 37 437 F.2d 312 (4th Ctr. 1971). eral years ago concerning the probable papers, and effects, against unreasonable searches and "Id. at 314. S9>zures, shall not be violated, and no Warrants shall >Old. cause standard: issue, but upon probable cause, supported by Oath or .a 390 U.S. 234 (1968). affirmatIon, and partICularly describing the place to be .. "The long­prevailing standards seek ., 506 F.2d 674 (81h Ctr. 1974); see also, United searched, and the persons or things to be seized." States v. Milhollan, 599 F.2d 518 (3d Ctr. 1979); Umled to safeguard citizens from rash and 'Katz v. Umled States, 389 U.S. 347 (1967). States ex reI. La Belle V. La Vallee, 517 F.2d 750 (2d Cir. 3 Umled States v. Jeffers, 342 U.S. 48, 51 (1951). unreasonable interferences with pri- 1975) . • 267 U.S. 132. •, 576 F.2d 818 (10th CIr. 1978), cert. denied, 439 vacy and from unfounded charges of 'Id at 153. U.S. 864 (1979) . "Id. at 154 and 155. crime. They also seek to give fair ., Id. at 823; see also, United States V. Ballard, 600 71d. at 149. F.2d 1115 (5th CIr. 1979); Umled States v. SIf}6I, 500 F.2d leeway for enforcing the law in the "Id. at 153. 1118 (10th Cir. 1974); United Statesv. Cohn, 472 F.2d 290 community's protection. Because • Supra note 4, at 149. (9th Cir. 1973). '0 United States v. Lee, 274 U.S. 559 (1927); United .. Supra note 10. .. many situations which confront offi- Statesv. Hilton, 619 F.2d 127 (1st Cir. 1980), cert. denied, ., Id. at 790; see also, United States v. Darrow, 499 101 S.C. 243 (1981); United States V. Laughman, 618 F.2d F.2d 64 (6th Cir. 1974). cers in the course of executing their 1067 (4th Cir. 1980), cert. denied, 447 U.S. 925 (1980); •• See, e.g., Umled States ex reI. Stambridge V. United States V. Zurlrosky, 614 F.2d 779 (1st Cir. 1979), duties are more or less ambiguous, Zelker. 514 F.2d 45 (2d Cir. 1975); Johnson v. Wright, 509 cert. denied, 446 U.S. 967 (1980); United States v. We",· F.2d 828 (5th Cir. 1975). room must be allowed for some mis- rich, 586 F.2d 481 (5th Cir. 1978), cert. denied, 441 U.S. H See, e.g., United States v. Kemper, 503 F.2d 327 takes on their part. But the mistakes 927 (1979); United States v. Hickman, 523 F.2d 323 (9th Cir. 1975). (6th Cir. 1974); McNeary V. Stone, 428 F.2d 804 (9th Cir. 1973). must be those of reasonable men, " United States v. Montgomery, 620 F.2d 753 (10th .. 595 F.2d 751 (D.C. Cir. 1978), cerr. denied, 441 U.S. CIr. 1980); United States v. Good, 603 F.2d 122 (10th Cir. acting on facts leading sensibly to 910 (1979). .. 1979); United States V. Brennan, 538 F.2d 711 (5th Cir. their conclusions of probability ... 1976), cert. denied, 429 U.S. 1092 (1976). •• Katz, supra note 2, at 752­753; see also, United "United States v. Rumpf, 576 F.2d 818 (10th Cir. States v. Sink, 586 F.2d 1041 (5th Cir. 1978), cert. denied, 443 U.S. 912 (1979). Requiring more would unduly ham- 1978), cerr. denied, 439 U.S. 893 (1979). 50 436 F.2d 1077 (10th Cir. 1971). per law enforcement. To allow less 13 United States v. Miller, 460 F.2d 582 (10th Cir. 1972). " Id. at 1078. "378 U.S. 108 (1964). would be to leave law­abiding citi- ,. United States v. Forrest, 620 F.2d 446 (5th Cir. 53 Supra note 23. zens at the mercy of the officers' 1980); United States v. Bozado, 473 F.2d 389 (8th Cir. 1975). "Id at 761. 55 497 F.2d 719 (7th Cir. 1974). whim or caprice." 57 "United States V. Gulledge, 469 F.2d 713 (5th Cir. 1973). 56 See also, Brewer v. Wolff, 529 F.2d 787 (8th Cir. Once an officer has concluded 1976); United States V. Gomez, 529 F.2d 412 (5th Ctr. '" United States V. Robinson, 414 U.S. 218, 235 (1973). 1976); United States V. Anderson, 500 F.2d 1311 (5th Cir. that probable cause exists to believe 1974) . Hid. ~ • 7 Brinegar, supra note 26, at 176. that a conveyance contains evidence '"Chimelv. California, 395 U.S. 752 (1969). 58 Chambers, supra note 30, at 51. or contraband, the first requirement of "New Yorlrv. Belton, 29 CrL 3124 (1981). >Old. the vehicle exception is met. However, " Carroll, supra note 4, at 158­159; see also, Hustyv. the Supreme Court has cautioned: United States, 282 U.S. 694, 699 (1931). "Id Carroll, at 159. "Neither Carroll . .. nor other cases 23 Arlransas v. Sanders, 442 U.S. 753 (1979); Robbins in this Court require or suggest that V. CalIfornia, 29 CrL 3115 (1981). ,. Id Robbins. in every conceivable circumstance ,. Cadyv. Dombrowski, 413 U.S. 433, 440 (1973). ~ the search of an auto even with .. Brinegarv. United States, 338 U.S. 160 (1949); Scherv. United States, 305 U.S. 251 (1938); Husty, supra .. probable cause may be made with- note 21; United States V. Lee, 274 U.S. 559 (1927). '7 Wolfv. Colorado, 367 U.S. 643 (1949). out the extra protection for privacy ,oMappv. Ohio, 367 U.S. 643 (1961). that a warrant affords. . . ." 58 ,. E.g., Steagaldv. United States, 68 l.Ed. 2d38. (1981); Minceyv. Arizona, 437 U.S. 385 (1978); MIchIgan Part II of this article will discuss V. Tyler, 436 U.S. 499 (1978); Marshall V. Bartow's Inc., 436 U.S. 307 (1978); Katz, supra note 2. the circumstances which, coupled with 30 E.g ., Robbins, supra note 23; Colorado v. Bannister, ... probable cause, invoke the vehicle ex- 66 l.Ed.2d 1 (1980); Sanders, supra nole 23; United States V. Martinez·Fuerte, 428 U.S. 543 (1976); South ception and justify a warrantless Dakotav. Opperman, 428 U.S. 367 (1976); Texasv. White, .. search. FBI 423 U.S. 67 (1975); United States v. Ortiz, 422 U.S. 891 (1975); Cardwellv. Lewis, 417 U.S. 583 (1974); Cady, supra note 25; Almeida·Sanchezv. United States, 413 U.S. 266 (1973); Coolidge v. New Hampshire, 403 U.S. 443 (1971); Chambers V. Maroney, 399 U.S. 42 (1970). (Continued next month) 31 Id. Chambers. 32 Supra note 4, at 162. 33 Supra note 26. "Id

November 1981 / 31 RBY THE ~rB1 • f ~ Photograph taken 1976.

Harold Edward Shore Description Caution Harold Edward Shore, also known Age ...... 49, born Shore should be considered as Eugene Douglas Ebeling, Gary Lee December 18, armed and extremely dangerous. Hunter, Harold Hunter, James Patrick 1931, Flint, Mich. Hunter, Edward Shore, Edward Harold Height ...... 5'5". Notify the FBI Shore, H. Edward Shore, Harold Weight ...... 130 to 140 Any person having information Edward Suhr. pounds. which might assist in locating this .. Build ...... Medium. fugitive is requested to notify Wanted for: Hair ...... Brown-graying. immediately the Director of the Federal • Interstate Flight-Murder Eyes ...... Hazel. Bureau of Investigation, U.S. Complexion ...... Medium. Department of Justice, Washington, The Crime Race ...... White. D.C. 20535, or the Special Agent in Charge of the nearest FBI field office, Shore is being sought in Nationality ...... American. ,.. the telephone number of which connection with the vicious murder of a Occupations ...... Bartender, hotel manager, laborer, appears on the first page of most local man whose body was decapitated, orderly, practical directories. dismembered, and dissected by the nurse, and use of a coarse grain saw and later newspaper carrier. Classification Data: found buried in a landfill. A Federal warrant was issued for Scars and Marks.... Moles on left NCIC Classification: Shore's arrest on May 3, 1979, in cheek, upper lip, 22040608091606040912 Tucson, Ariz. neck, and upper Fingerprint Classification: back; scars on 22 L 1 U I I I 9 right cheek and M 1 U I I I right side of abdomen; tattoos: Octopus on upper right arm and flower on upper left arm. Social Security .. Number Used ...... 527-36-0302. Criminal Record ..... Shore has been convicted of grand theft, interstate transportation of a stolen motor vehicle, forgery, Right middle fingerprint. robbery by assault, and breaking and entering a motor vehicle. FBI No ...... 551 221A.

32 I FBI law Enforcement Bulletin

U.S. GOVERNMENT PRINTING OFFICE , 1981 0 - 354-416 Ql3 Change of ~ORCEMENT Address rBI Not an order form BULLETIN

Complete this form and return to: Name

Director Title Federal Bureau of

Investigation Address Washington, D.C. 20535 ... City State Zip

Cartridge Converted Into · Explosive

Empty CO2 cartridges can be con- verted into explosive devices by load- ing the cartridges with gunpowder and placing a fuse at the tip. When ex- ploded, deadly shrapnel is released for .. a distance up to 50 feet. ~ (Submitted by the County for Oneida Sheriff's Department, Oriskany, N. Y.)

1 I 0 """ , 2

CHtMl LABORATORY

CASE NO DAn

- .. . .

~ I ~ • '~-"Mr u.s. Department of Justice Official Business Postage and Fees Paid Federal Bureau of Investigation Penalty for Private Use $300 Federal Bureau of Investigation Address Correction Requested JUS- 432

Second Class

Washington, D.G. 20535

Interesting Pattern

This pattern is classified as a cen• tral pocket loop-type whorl with an outer tracing. However, pressure may cause the only recurve appearing in front of the inner delta to appear pointed. Therefore, a reference search would be conducted as a loop with nine ridge counts.

" I