~ORCEMENT rBl BULLETIN SEPTEMBER 1979. VOLUME 48. NUMBER 9 Contents

1 A New Approach to Firearms Training: The S.M.E. Simulator By Lee Libby, Public Information Officer, Police Department, Seattle, Investigative Wash. Techniques 5 Threat Analysis: The Psycholinguistic Approach By Murray S. Miron, Ph. D., Professor, Syracuse University, Syracuse, N.Y., and John E. Douglas, Special Agent, Behavioral Sciences Unit, FBI Academy, Quantico, Va. Press Relations 10 The Hostage/Terrorist Situation and the Media By Stephen D. Gladis, Special Agent, Public Affairs Office, Federal Bureau of Investigation, Washington, D.C. Personnel 16 Building a Winning Team By M. John Velier, Special Agent, National Academy and Police Training Unit, FBI Academy, Quantico, Va. Firearms 20 Gun Retention By Lt. Michael T. O'Neill, Police Department, Denver, Colo. Operations 24 Texarkana's Public Safety Program By Bobby C. Mixon, Deputy Director, Department of Public Safety, Texarkana, Ark. . The Legal Digest 28 The Plain View Doctrine (Part I) By Joseph R. Davis, Special Agent, Legal Counsel Division, Federal Bureau of Investigation, Washington, D.C.

32 Wanted by the FBI

Federal Bureau of Investigation Published by the Public Affairs Office, United States Department of Justice Homer A. Boynton, Jr., Executive Assistan\ The Cover: September's cover Washington, D.C. 20535 Director features a Seattle Editor-Thomas J. Deakin William H. Webster, Director police officer training Staff-Kathryn E. Sulewski, Gino Orsini, with the S.M.E. Jeffrey L. Summers, Carl A. Gnam, Jr. simulator. See story The Attorney General has determined that the publication beginning on page 1. of this periodical is necessary in the transaction of the public business required by law of the Department of Justice. Use of funds for printing this periodical has been approved by the Director of the Office of Management and Budget through December 28, 1983.

ISSN 0014-5688 USPS 383-310 By LEE LIBBY Public Information Officer Police Department Seattle, Wash.

Assume that you are patrolling in a You continue on toward the store, One of the biggest single ques• one-man car on an arterial street in and as you radio your arrival, you are tions that police administrators may your district. It has been a quiet, un• informed that your backup unit is only have is, " How does a police depart• eventful evening, and none of the three blocks away. The door to the ment adequately train an officer to neighboring patrol cars have been busy store opens and a man matching the react properly in a situation such as either. Radio traffic has been at a mini• suspect's description walks out, look• this?" Those same administrators may mum-just routine traffic stops and ing in each direction as he leaves. He have been involved in similar situations warrant requests. Suddenly, the quiet is carrying a brown bag in one hand; themselves during their careers. If so, of your patrol car is interrupted by the the other hand is in his coat pocket. they are probably aware of the short• dispatcher with a call of a robbery in You step from your patrol car and con• comings of most methods of firearms progress at a convenience store in front the suspect. training when it comes to assessing your district only a few blocks away. The officer in the preceding situa• when to shoot or whether or not to You acknowledge the call and head tion has reached a critical point in this shoot at all. toward the store. particular officer/suspect confronta• This is not to say that past training As you proceed, you are informed tion. The decisions the officer makes in tactics were bad, but rather they did by the dispatcher that this is a "possi• the next few moments, the actions he not go far enough in portraying a set• ble robbery" -a citizen is observing takes or fails to take, may well affect ting that actually presented an officer the situation from across the street. his very survival. with a realistic situation calling for a The suspect is described as a white decision on his part. In short, most male about 6 feet tall, wearing a blue firearms training modes have stressed coat. The citizen thinks the suspect is armed, but he is not positive.

September 1979 / 1 proficiency and left the decision making target-they are deficient in the same aspect of the application of deadly respect as are other training modes in force to be forged by classroom the• that they lack the most impor· ory. tant elements of a shooting situation. Throughout its history, the Seattle That element is the decisionmaking Police Department has relied on a vari• process and its direct product, stress. ety of methods to instruct its officers in Since stress was recognized to be firearms use. Given the technology and part of all life-threatening incidents, training methods known and available what was needed was a mode of train· at any given point in time, the majority ing that would teach both when and of these methods were adequate. how to shoot, while simultaneously in· Nine years ago, the Seattle Police troducing a degree of realism sufficient Department's firearms segment of to induce stress. This could only be academy instruction consisted of 5 achieved by creating an environment days of range training stressing accu• similar to what an officer could expect racy, proficiency, and firearms safety. to encounter on the street. The matter of instructing new officers Several months ago Seattle's for• on when they could use deadly force mer Chief of Police, H. A. Vanden was covered primarily in classroom Wyer, approached a Seattle multime• study of the department manual sec• dia production firm with the idea 01 Mr. Libby tion regarding arrest and use of force. using multimedia techniques to over• That training extended to defense of come this obstacle and perhaps create self or others and to effect the arrest or a more efficient method of deadly force recapture of suspects in one of a num• instruction. The reason for this was not ber of enumerated felonies, provided only because of the inadequacy of past that certain criteria were present. training methods, but also because the Beyond that, training consisted of police department was, at that time, a series of "shoot/don't shoot" films undergoing a change in shooting poli• which again were adequate in light of cies. Where the old policy was directed what was available, but did not actively at defense of self or others and certain draw the officer into any dynamiC situa• felony suspects, the new policy was tion of deciding for himself whether or somewhat more restrictive, and there not the use of deadly force was appro• were many questions about when priate. There was no interaction be• deadly force could be used. It was tween the officer and the training he hoped a new training method would was receiving. resolve these questions. The result What we have experienced over was the birth of the Synthesized Media the years then are several methods of Environment (S.M. E.) Simutator. firearms instruction which fall short of To research this new concept an ideal model. Combat and target (when it was nothing more than a con• ranges have taught how to shoot, and cept) the multimedia firm's personnel classroom training, films, and theory spent approximately 400 hours riding Patrick F Fitzsimons have taught when to shoot, but there Seattle Police Chief with patrol officers in Seattle in an has never been a viable mechanism by effort to assess needs from the work· which these two very important as• ing officer's point of view. At the same pects of the job could be brought to• time, research data from the University gether into one training function. of Washington on how people receive Although the combat ranges can and process information were obtained never be replaced for one very impor• and proved to be of great value in tant reason-an officer, in the final determining how the concept would be analysis, must possess a reasonable developed into a working training degree of proficiency in striking his mechanism. While running the risk of being accused of oversimplification, it can be said that the information a per• son receives ends up being transmit•

2 I FBI Law Enforcement Bulletin This microprocessor enables the operator of the One of the components of the S.ME simulator. S,ME. simulator to control completely the settings to which an officer is exposed, ted to the brain as "burst information," The slides are then placed in order blackness, speakers from both sides that is, entering the brain in the form of and numbered, and command staff and behind begin to bark out informa• short bursts of electrical energy. Fol• and training personnel identify which tion and instructions, setting up the lowing this premise, different media slides appear at critical decision making scenario and finally giving the admoni• possibilities were examined and tested, stages, whether the decision should be tion, "Remember! In the final analysis and film was ruled out because of its to shoot or merely issue an oral you are responsible for your own ac• continuous flow of presented informa• command. Realistic sound is added, tions." tion, It was finally decided that a com• complete with police sirens, dispatch• There follows another period of plex slide presentation would be the ers, car-to-car communications, and darkness. The officer is alone in the most feasible way of presenting the anything else to add the dimension of room and he has been primed to antici• desired information in a training situa• reality to the scenario and affect the pate something. The information he tion, since slides could be presented stress-loading of the officer undergoing received has his imagination working, as individual pieces of visual informa• training. and the anticipation and darkness help tion. The present system in use at the to simulate a stressful street encoun• Let us say, for example, that we Washington State Criminal Justice ter. Suddenly, the screen comes to life wish to present an officer with a train• Training Center in Seattle consists of with images directly in front and to ing situation in which he responds to a three 6- by 6-foot rear projection either side of the officer. Quickly an possible armed robbery, such as the screens for showing the scenarios, the armed robbery unfolds, and the officer one described in the beginning of this sound system, and a microprocessor must react based on information he article. First, a site is selected for the computer to control the entire oper• has received. development of a scenario and then ation. Although the actual "guts" of the A man comes running from the the crime is acted out "on location" system (its computer) are complicated, store. There is something in his hand. and photographed as it takes place its makeup is remarkably simple. The Is he a suspect carrying a gun or an with a high-speed, motor-driven 35mm simulator is, in effect, a large room by innocent customer running from a rob• camera shooting at five frames per itself housing this apparatus. bery with his purchase? Whatever the second . The crime can be an armed When the officer enters the simu• case and whatever decision the officer robbery, a rape, a burglary, or any lator he is given six blank cartridges for makes, there will be no loss of life. It all other potentially life-threatening situa• his service revolver and steps to a spot takes place on a life-size screen so the tion that an officer may encounter. on the floor facing the center of the officer, particularly the recruit officer, three huge screens. He is immediately can see how quickly the nature of a surrounded by an envelope of com• call can change and he can learn to plete darkness and silence while he prepare himself properly and effective• stands and waits for something to hap• ly for unpredictable situations. pen. After a brief lapse, standing in

September 1979 / 3 The simulator was developed at a ahead of him had seen it. Because the screen or developing entire new see· cost of approximately $87,000, and the operator of the S. M. E. simulator narios altogether. Also, the system is one used in Seattle is presently capa• can key any individual slide or group of not limited to the three screens now ble of presenting six different scenar• slides, the officer undergoing training being used in Seattle. The department ios, each with five different variations cannot make that assumption. One of has called for bids on an advanced of the same call. The training instructor the ideas of the program, of course, is simulator and hopes to obtain one con· operating the microprocessor has the to eliminate assumption and train offi• sisting of approximately nine screens capability of stopping the action at any cers to react based upon information arranged in a 270· arc to virtually sur· time when the officer has made a deci• they have received. round the officer with action. sion and taken some kind of action. There are two basic factors which The S. M. E. simulator is now used Further instructions can be given and make the S. M. E. simulator such an in conjunction with all other aspects of the scenario continued. A command to effective training tool. One, already dis• firearms instruction for Seattle police halt can be ignored or obeyed, suspect cussed, is the introduction of stress to officers, including range training and information can change, the crime it• add to realism. An officer who is faced departmental policy on use of force. As self can change, and suspects can be with a potential shooting situation is far as can be determined, the simulator armed or unarmed. Indeed, suspects under substantial pressure and the is the only device of its kind in use in can quickly become innocent bystand• simulator comes very close to duplicat• the Nation. ers. Because the operator is able to ing that condition. In such a way, the When the simulator's acquisition change what is presented to the officer officer, by reacting to the scenarios, was announced, Chief Vanden Wyer with the push of a button, the effective• becomes conditioned to reacting prop• said, "This gives our officers the expe· ness of the program is not diminished erly, regardless of the situation. rience before they have to go out and by repetition. If a film concept were The second important aspect of really do it. We can now expose an used, it is possible that an officer could this program is its flexibility and adapt• officer to realistic conditions where he view a scenario, for example, and ability. With the slide technique, the will experience life-threatening situa· know that 30 seconds into the film the scenarios can be changed as it is con• tions under circumstances similar to suspect in the blue coat will turn with a sidered necessary, adding to or delet• real life without lives actually being at gun in his hand, because officers ing from what is presented on the stake." lBI

Crime reported to U.S. law en• As a group, the Index's property Quarterly forcement agencies rose 11 percent crimes increased 11 percent in volume. during the first quarter of 1979 when Burglary was up 8 percent; larceny• Stats compared with the same period of theft, 11 percent; and motor vehicle 1978. When announcing the FBI's Uni• theft, 15 percent. Indicate form Crime Reports' statistics, former A collection of statistics regarding Attorney General Griffin B. Bell com• arson, a newly established Index mented, "There have been indications crime, has begun, but data on this Rise in recent quarters that the level of offense are not yet available. crime was rising, and this significant In cities with populations over In Crime upswing is very disturbing. The need 50,000, reported crime was up 11 per• for vigorous efforts at all levels of law cent. The suburban and rural areas enforcement to reduce the volume of also experienced increases, 13 and 6 crime-especially violent crime-is evi• percent, respectively. In cities outside dent." metropolitan areas, the recorded rise Increases were noted in both the was 12 percent. violent and property crime categories FBI Director William H. Webster, in that make up the Crime Index. noting that increases appeared for all Collectively, the number of violent offenses in all regions of the Nation, Index crimes was up 17 percent. All said, "The problem is widespread and offenses within that category in• not limited to any particular area of the creased: Murder rose 9 percent; forc• country." The increases were 15 per• ible rape, 11 percent; robbery, 19 cent in the Southern States, 13 percent percent; and aggravated assault, 17 in the Northeastern States, 8 percent percent. in the Western States, and 6 percent in the North Central States. lBI

4 / FBI Law Enforcement Bulletin Threat Analysis The Psycholinguistic Approach

By MURRAY S. MIRON, Ph.D. and JOHN E. DOUGLAS Professor Special Agent Syracuse University Behavioral Sciences Unit, Syracuse, N. Y FBI Academy Quantico, Va.

On the night of March 1, 1932, the This note was one of several sent infamous perpetrator, his apprehen• Infant son of Col. Charles A. Lindbergh to the Lindberghs. Errors in spelling sion was the result of an alert bank was taken from his crib in his parents' and syntax occurred repeatedly in the teller's identification of one of the ran• Hopewell, N.J., home. A note left by notes, and these errors, running like som bills deposited by Bruno Richard the abductor was discovered on the links from one letter to another, said Hauptmann. A German-born, illegal windowsill of the baby's nursery. It more than the writer could have intend• alien, Hauptmann had an eighth grade read: ed. Their author often correctly spelled education and a history of skirmishes Dear Sir such difficult words as "hazardous" in with the law. Have 50000$ ready 25000$ in 20$ other messages, while misspelling Three months later, the baby's 715 15000$ in 10$ bills and 10000$ in such words as "mony," "anyding," and body, bearing an extensive skull frac• 5$ bills. After 2-4 days we will inform "sing nature. " The phrasing of these ture, was found in a makeshift grave you were to deliver the mony. We warn messages and the errors clearly indi• some 5% miles from the scene of the u for making anyding public or for cated that their author had been born kidnaping. tify the police. The child is in gut in Germany and that he could be ex• The Lindbergh case marked the reo Instruction for the letters are pected to have retained a heavy Ger• informal initiation of what today has man accent. His message even become a sophisticated modern tool contains the German word "gut" for its of law enforcement-psycholinguistic English equivalent "good" and the analysis. German pronunciation for "anything." Although such clues might have helped to narrow the search for this

September 1979 / 5 During the last 6 years, a psycho• psycholinguistic technique microscopi• modern terrorism. The Honorable linguistic research program, under the cally examines the message for clues Richard Ichord, Representative fro~ direction of Dr. Murray S . . Miron of as to the origins, background, and psy• Missouri and Chairman of the Hous Syracuse University and in collabora• chology of the originator. Every sen• Committee on Internal Security, speak tion with the Behavioral Sciences Unit tence, phrase, syllable, word, pause, ing on behalf of the committee said, "I of the FBI Academy, has been tested and comma is automatically scanned has become very evident from the te and developed into a set of techniques by computer for what they can reveal timony received . . . that terrorism is which can be directly applied to the about the author. These messages can growing international problem and tha management of threat analysis. This also establish the author's identity by our complex industrial society is b psycholinguistic program is one in• comparisons with other messages coming more and more vulnerable t stance in which an academic science whose authors are known. its many manifestations." 1 Mr. Richar has found widespread application in Velde, then Deputy Director of the La the demanding circumstances of the "Combining the best of Enforcement Assistance Administr criminal world. both psychology and tion (LEAA), also testified before th Combining the best of both psy• committee. chology and linguistic disciplines, psy• linguistic disciplines, ". . . we are now contemplating cholinguistic techniques provide an psycholinguistic number of additional initiatives whic understanding of those who use crimi• techniques provide an would enhance our ability to assist i nal coercion, as well as a rational man• understanding of international efforts to reduce terro agement strategy, for dealing with such ism. I would like to briefly describe f a threat. Psycholinguistics was origi• those who use criminal the committee some of these initiative nally developed as a research tool, but coercion...." now under consideration. the research has progressed to the " ... Prof. Murray S. Miron, pro point where the techniques are now Evaluation of the Method of psycholinguistics at Syracuse Un being used in a wide range of criminal Judge William H. Webster, Direc• versity, [has initiated a] project entitl investigations. tor of the FBI , referred in a recent 'Semantic Analyses of Threat Comm These new techniques have al• speech to psycholinguistics as a valua• nications,' [which] would seek t ready proven effective. Concentrating ble tool in criminal investigations. The achieve an understanding of the pe on the evidence which can be obtained congressional hearings on terrorist ac• sonality of those individuals who e from the form and content of the mes• tivities record testimony on these ploy threats of violence or prope sage, whether spoken or written, the methods as a major tool in combating damage as the central part of th criminal behavior. Dr. Miron (standing) and Special Agent Douglas "Threats and subsequent beha read computer printout on a threat message. ior would be studied to form the ba for a threat analysis dictionary. Such dictionary could be used to automa cally scan threat communications they are received in an attempt to ide tify the predicted outcome and cours of action contained within the threat. "As a result, police responsiv ness to particular threatening comm nications could be improved marked And we do have some experience, Chairman, with this technique to in cate that there is a good likelihood success." * " We feel that this discipline can of major value in these types of sit tions." 2

6 / FBI Law Enforcement Bulletin Since the time of these hearings, stored files are flagged by the computer digit code numbers which seemed to , terrorism has dramatically increased in for closer examination. These files of correspond to the fictitious name of the the world . The prophecy of these hear• ordinary language are also used to group UNSUB claimed he directed. ings has proven to be correct. The evaluate samples of speech or writing The following code appeared at the research effort in psycholinguistics was in cases where the origins of two or end of the message: implemented; now more than 4 years more communications are in dispute. Sig: 604 247 945 305 734 430 later, with funding from LEAA, the By weighing the vocabulary usages of 915 837 907 Reciprocal Relief methods are being used in case after an author or speaker against the us• Alliance for Peace, Justice and case. ages employed by the average speaker, Freedom Everywhere. one can derive a set of "signature" Each of the nine code groups ap• The Threat Dictionary words which are unique to the individual pears to correspond to the nine words When a threatening message is of the group name. No words are dupli• received, it is entered into the comput• " .. . the cated in the group name or in the er by means of a terminal keyboard. psycholinguistic three-digit code groups. The computer then scans the message technique ... examines However, if the code groups are in an attempt to identify every word of rearranged so that each group is writ• the communication. Each word's oc• the [threat] message ten as a column of numbers, the code currence is assigned to a set of cate• for clues as to the would look as follows: gories which research has identified as origins, background, 629374989 important in the characterization of the 044033130 threat. These categories represent the and psychology of 475540577 word entries of a dictionary. Under the originator." When arranged in this way, the each category of the dictionary there first three code numbers, 6 2 9, corre• are a large number of words which and which can be expected to match spond to the alphabet letters of FBI. contribute to that category's definition. across differing communications. Using a standard coding device which The computer also serves to separate employs a displacement key for the Case Examples word meanings which may be repre• remaining text, the next code groups sented by the same spelling in a text, The following actual case analysis translate as " 1M " followed by two ini• and tabulates occurrences of such is representative of the sort of informa• tials repeated twice. Together the things as punctuation, speech hesitan• tion that psycholinguistic techniques translation would read "FBI, I'm JK cies, misspellings, sentence construc• can provide. Prepared from communi• JK. " A search of the names of the tions, and other aspects of the cations received from an unidentified passengers on the flight revealed that message. All of these tabulations are subject (UNSUB) who threatened a one of the travelers matched the pro• printed out and form a profile of the flight from New York to Geneva, Swit• file description and part of the initials of message. zerland, Dr. Miron drew several conclu• the deciphered code. Search of the sions. On the basis of psycholinguistic Over the years, the threat diction• records revealed that this passenger analyses, he judged that the UNSUB ary has continued to grow in size and had written and signed his name to a was a German-born male of at least 50 comprehensiveness. Today, there are series of similar messages written in years of age who had immigrated to more than 350 categories representing 1969. Subsequent psycholinguistic the United States as an adult and had more than 250,000 words. Both the comparisons established that these resided in this country for at least 20 categories and the words contained in earlier messages were written by the years. Further, the analyses indicated the dictionary are the result of analyz• same suspect. After this identification, that the UNSUB had probably written ing the wide range of threats gathered the psycholinguistic tools were then previous messages to prominent offi• in the course of the research. These used to suggest methods for conduct• cials in both the United States and threats span from suicide notes to ter• ing the interview with the suspect. Us• Germany. Perhaps most revealing was rorist communications, from clear in• ing the clues gleaned from the the conclusion that the perpetrator's stances of hoaxes to threats which messages as to the personality of the personality compelled him to leave have been carried out. suspect, specific stratagems for ap• clues as to his identity in the message The computer also stores sum• proaching him were devised. These itself. At the conclusion of the ex1ortion maries of over 15 million words gath• involvec predictions as to how the sub• message, there was a series of three• ered from analyses of ordinary spoken ject would react, and whether or nor he and written English. These files are might contemplate suicide or escape. used to compare a message against A member of the Royal Canadian the usual forms of spoken or written Mounted Police, in evaluating another English. Unusual usages or word oc• case involving messages from a terror• currences which differ from these ist group, said, "There can be no doubt that Dr. Miron's analysis of the threat

September 1979 I 7 communications has been of great value Another case assisted by psycho• conceded that such analyses could be to us. His opinions have helped to linguistics concerned an extortionist of assistance in an investigation, it was resolve certain confusing aspects of calling himself B. A. Fox, who threat• reluctant to establish a precedent in the investigation, but most significantly, ened more than 250 major corpora• criminal law. The court stressed its his analysis assisted us in successfully tions and their executives with letter acceptance of the qualifications of the resolving this case. To my knowledge, bombs, adulteration of products, as• government's psycholinguistic expert, the service of a psycholinguistic ana• sassination, and even infected ticks. but voiced its discomfort over the pos· lyst has not previously been used in The psycholinguistic analyses helped sibility of the computer invading the Canada and, therefore, this case has to provide identification of the suspect, court and of modifying what it charac· been of national significance." as well as grand jury testimony leading terized as the established procedures In still another case involving anal• to his indictment. of criminal law. The court said: yses for the Los Angeles, Calif., Police " Now, I agree or I would concede Department, the department reported "The psycholinguistic that this science can be helpful in an after identification of the suspect, "The analyses of the sound investigative procedure. I think you can information you supplied narrowed the ferret out things through this method, field to five choices out of 7,000 men." track ... described the all right, but when you come to deter· The writer concluded with a personal Masked Marvel in mining the guilt or innocence of a per• observation: If he were to leave a sufficient detail to son charged with crime on this type of threat message he hoped that it would testimony, if it is the only type of testi· not be analyzed by such techniques. narrow the suspects to mony that's available, it is tragic if in This case involved a series of tele• 5 members of the fact there is guilt but I wouldn 't feel vision appearances by a masked man 7,OOO­man force." comfortable . . . in presiding over a who claimed to be a member of the trial where a man was found guilty Los Angeles Police Department The suspect was first identified by solely on this type of evidence. (LAPD). In his interview, this " Masked an investigation which had been nar• " I don't think we need a judge. We Marvel," as he came to be called, rowed to a specific region of the coun• just punch it up and the computer reported that he knew of " death try and a probable description of the comes out and he is guilty. That's the squads" on the force who assassinat• perpetrator on the basis of the psycho• way he is going to arrive at his deci• ed minority citizens. The LAPD was linguistic profile and other physical evi• sion, a computer takes the whole hu• understandably quite anxious to identi• dence. After a number of suspects had man element out of it, it seem to me. fy this purported member of their force. been identified in this manner, the psy• "Well, I just can't feel comfortable The psycholinguistic analyses of the cholinguistic analyses were then able in permitting it." 4 sound track of these interviews not to compare the known writing of these The U.S. Attorney's Office moved only narrowed the search for members individuals against the anonymous ex• for dismissal of the case after this of the LAPD (it was not originally cer• tortion messages. As a result of those ruling on the grounds that the govern• tain that he was an officer at all), but analyses, one individual emerged as a ment did not have a case without Dr. described the Masked Marvel in suffi• prime suspect. This evidence present• Miron's testimony. cient detail to narrow the suspects to 5 ed before a grand jury was sufficient to In a subsequent case, only 11 members of the 7,000-man force. result in an indictment. At the time of months later, the Federal precedent for Based only on the speech of this man, the suspect's trial, there was no prece• psycholinguistic testimony was to be the report was able to identify his place dent for the admissibility of psycholin• established. A member of a murder· of birth, age, education, background, guistic testimony. Never before had a for-hire ring had been indicted for ex· and location of residence over the last jury heard testimony which identified a tortion by the government on the basis 5 years, in addition to those purely suspect on the basis of such analyses. of incontrovertible physical evidence of psychological factors which motivated the suspect's complicity in the crime. him. Some 2 years following these Legal Status There were a total of four extortion television appearances, the Masked The U.S. Attorney's Office had on messages, each representing separate Marvel resigned from the Los Angeles other occasions contemplated using counts in the indictment of the suspect. police force and revealed he had been such testimony, but in each instance the man who fabricated the expose. 3 the suspect had either pleaded guilty or other case evidence was sufficient to secure a conviction. In the Fox case, the District Court of Colorado ruled against allowing the jury to hear Dr. Miron's testimony on the grounds that there had been no precedent for such testimony. Although the court's ruling

8 I FBI Law Enforcement Bulletin Three of these messages were hand• the authorities, Dr. Miron prepared a Footnotes , U.S. Congress. House Committee on Internal written and one was typewritten. The series of reports for the FBI. He de• Security . Terrorism Hearings before a Subcommittee ofthe House Committee on Intemal Security. 93d Cong. 2d FBI Laboratory had confirmed that the scribed the individual calling himself sess. 1974. three handwritten messages were pro• "Cinque" as one who fit the known ' Ibid. , 'Who Was That Masked Cop," New West, duced by the same individual and had background of Donald DeFreeze. Per• September 25, 1978 . succeeded in matching a fingerprint haps more important, these reports • United States v. Stephan G. Morton, U.S. District Court for the District of Colorado, 77-CR- 211, September lifted from one of these messages with predicted that Patricia Hearst would 6, 1977. , United States v. Gene Willard Gaylord, U.S. Dislrict that of the suspect. The psycholinguis• join the SLA and commit some criminal Court for the Western District of Virginia, 78-0014-R-H, tic analyses had indicated that all four acts with them. The analyses further May 4, 1978. messages were authored by the same indicated that DeFreeze and his follow• References person. The judge in this case ruled ers were suicidal and that they would Arens, Richard, and Meadows, Arnold. "Psycho· that the jury would be allowed to hear undoubtedly die in a final shoot• linguistics and the Confession Dilemma." Columbia Law Review, vol. 56 (1975): 20-46. the testimony of Dr. Miron which linked out with the authorities rather than Foss, Donald J., and Hakes, David T. the fourth letter to the same source as surrender. Psycholinguistics. New York: Prentice·Hall, Inc., 1978. Jakobovits, l., and Miron, M. S., eds. Readings in the the other three. The jury returned a Psychology of Language. New York: Prentice· Hall, Inc., Summary 1967. verdict of guilty on all four counts of the Miron, M. S., and Goldstein, A. P. Hostage. New York: indictment. 5 These case examples represent a Pergamon Press, 1979. Miron, M. S., and Pasquale, A. " Psycholinguistic fraction of the past applications of the Analyses of Coercion." Joumal of Psycholinguistic The Hearst Case method. Admittedly, this technique is in Research, vol. 7, no. 2 (1978): 95-120. Miron, M. S., and Reber, J. Handling Telephone 80mb Perhaps the most dramatic appli• the developmental stage and its adapt• Threats. Shiller Park, III.: Motorola Teleprograms, Inc., cation of psycholinguistic methods was ability to criminal investigative matters 1978. Niblett, Bryan, and Bareham, Jillian. " Cluster Analysis in connection with the Patricia Hearst remains limited in scope. With addition• in Court." Criminal Law Review (1976): 176-180. Osgood, C. E.; 'May, W.; and Miron, M. S. Cross· case. al research, experimentation, and re• Cultural Universals of Affective Meaning. Urbana, III. : Soon after the first of the tape finement, psycholinguistics may well University of Illinois Press, 1976. Siobin, Dan I. Psycholinguistics. Glenview, III.: L Scott recordings sent by the Symbionese take its place among the more estab• Foresman and Company, 1974. Liberation Army had been received by lished means of crime detection. FBI

"You Can't Tell a Book ...." The hollow book pictured here is It can be purchased by mail order being produced commercially and and reportedly cannot be distinguished advertised in newspapers as a "home "from an ordinary book." Various real• defense book" which will accommo• istic titles are available. date snub nose revolvers as well as Police personnel should be aware small automatic pistols, of this product and its possible illicit uses. I'll

September 1979 I 9 ---- The Hostage/Terrorist Situation And the Media

By STEPHEN D. GLADIS Special Agent Public Affairs Office Federal Bureau of Investigation Washington, D. C.

The lone hostage taker sat with The hostage taker, whether politi• Fierce competition for the story his eyes riveted to a television set calor not, creates a dramatic forum for tends to draw more media personnel which he had demanded during his demands: Life and death are in the and intensifies the coverage which re• tedious negotiations with police and balance; the outcome is suspenseful; sults. " It's often the local news compe• the FBI. He was ready to surrender there are victims, weapons, and emo• tition that compels journalists, when the sight of police snipers mov• tions; and in many cases, there is a maneuvering for each minute-to• ing into defensive positions flashed message for the world. All the ele• minute scoop, to get in the way of across the screen. Now feeling threat• ments are present for a lead story. police," 4 reports Robert Merey of the ened, he balked at his previous offer to Says one reporter about a hostage National Observer. In the scramble for surrender, and negotiations continued taker in Cleveland, "They paid atten• news and the competition for scoops, for another day. tion to him because of his terrorism. " I the broadcast media can make mis• The conduct of the news media at Dr. George Gebner, Dean of the takes.5 This competition creates prob• hostage scenes has become a major Annenberg School of Communications, lems for law enforcement persor,nel at concern for law enforcement. This con• describes these acts as media events the scene. Such was the situation with cern has been heightened by the re• without which terrorists couldn't exist. one case in Cleveland, Ohio. A report• cent upsurge in world-wide terrorism. He questions to what extent media er for a local television station called While the United States has only expe• wants to cooperate with terror. 2 Halina the news producer and told him that rienced a few terrorist situations, nu• Czerniejewski wrote in The Quill, the situation appeared to be ending. merous hostage-taking incidents have "The act of covering a news event The producer, wanting to be first with filled the headlines of American news• changes the character of that the story, went live via " mini-cam" with papers. event. . . . This leaves news media in pictures of police snipers readying their Since the terrorist often takes a a curious and uncomfortable position• defensive positions on the surrounding hostage to negotiate his demands, the that of wanting to be observers, but rooftops. The hostage taker, who had terms "terrorism" and "hostage taking" inadvertently or advertently becoming access to a television, saw the posi• are often used interchangeably. How• participants-as victims or vehicles. " 3 tioning of snipers and balked. He ever, these terms are distinct, since shouted, " Everything is off, right now." many hostage situations are the results In fact, negotiations went on for at of a criminal caught in the act rather least another day. The chief of police than a premeditated plan, and many later said that the drama would have terrorist activities do not involve hos• ended a day earlier had that mini-cam tages. The term " hostage/terrorist situ• incident not occurred.6 ation" can be used to describe hostage taking by terrorists and nonpolitical criminals.

(Photo credit Bernie Noble, Cleveland Press)

September 1979 I 11 Advancements in technology, like Some of the more sober com• Jim Warren, a reporter for the mini-cam, have posed problems for ments have come from the media it• KPHO-TV, Phoenix, believes one ba· law enforcement and media alike. Truly self. Tom Becherer of Detroit's sic guideline is that the media work an electronic marvel, the mini-cam or WWJ-TV stated, "There is a differ• closely with the authorities. 12 Norman portable camera allows live broadcasts ence, I think, between the public's right S. Hartman, news director of KOVR, from almost anywhere; hence, it gets to know and the public's right to know Sacramento, says that guidelines "can the story as it happens. Unfortunately, everything." 9 Says Wayne Vriesman of serve a useful purpose to get news this can be dangerous in a hostage/ WGN- TV, Chicago, "I will never black people thinking and talking about news terrorist situation. Virgil Dominic, news out a story. That would lead the public coverage during such incidents." 13 director of a Cleveland television sta• to think we will black out other stories. I Ron Tindiglia of ABC News, New tion, stated, "The portable camera is a would draw the line, though, on pass• York, sees media's role, that of a dis· wonderful tool. But we are just learning ing on police plans to a terror• seminator of news, as a vital one de· how to use it." 7 The incident described ist. . . ." 10 This discussion within the manding great responsibilities to prompted this news director to recon• media has caused it to take a closer reduce vulnerability against manipula· sider his station's coverage of such tions. 14 Dan Rather of " 60 Minutes" events. Dominic said it was his feeling "The neglect of the says in support, "When violent people that the competitiveness of attracting a are playing to the camera, there's no larger audience caused the error in media by law question that the medium itself can judgment of showing the snipers pre• enforcement in its all- become a kind of hostage, and the maturely. The ultimate decision of that out efforts to save reporter has to dodge and struggle to station was to not cover such events lives often creates keep from being captured and used." 15 live in the future. Dominic entreated The police and media in such hos· other local television news directors to additional problems." tage/terrorist situations need not be follow suit, and where lives are at stake, antagonists. In fact, the news media at defuse the competitive nature of these look at itself and its actions during different times has helped resolve the incidents. these events. As a result, network hostage taker's demands. Such was Similar situations have generated guidelines have been promulgated. the case in Cleveland when a police much discussion between media and CBS was the first network to draw captain and a 17 -year -old female em· police. A recent study conducted by Dr. up guidelines for its news staffs regard• ployee of the police department were Michael Sommer at California State ing hostage/terrorist situations. The taken hostage in 1977. The hostage University at Northridge, entitled "Proj• guidelines, though they leave certain taker refused to talk to police negotia· ect on Media Coverage of Terrorism," questions unanswered, do show a sen• tors and would only discuss his situa· surveyed police chiefs and media rep• sitivity for not only the hostage but also tion with a local black television resentatives from the 30 largest cities law enforcement. NBC likewise has reporter. Under the guidance of police, in the United States. The report con• written guidelines, as has United Press the reporter talked the hostage taker tains some divergent opinions on the International whose guidelines put par• out of the situation, and no one was role of the media in hostage/terrorist ticular emphasis on establishing proce• injured. situations, and though some of the dures at each local station for the A danger arises, however, when responses are predictable, others are coverage of such events. This raises media personnel decide to become surprising. Television directors agreed the often-echoed complaint that net• " freelan(;e" negotiators with the perpe· that live coverage is not a good idea, work and headquarters-type edicts trators, as in the Hanafi Muslim's hos· although still holding that the decision don't hold much water in the individual tage taking in Washington, D.C. should be based on the individual area stations. Local stations do not Hamaas Khaalis, leader of the sect, case. Concerning journalists' conver• want to be locked into a formal set of was interviewed on the air concerning sations with terrorists, a plurality of rules established by network execu• the question of whether or not he could radio, television, and print medias tives which may not allow any flexibility trust the police.16 This question obvi· agreed that prior police consent was in individual cases. ously makes the job of negotiation• 8 the way to proceed. Guidelines do have some draw• which is based on trust-a much more backs. An author for the The Quill difficult one. In another interview, comments, Khaalis was asked whether he had set " The problem will be to come up any deadlines yet. The last thing a 17 with guidelines which will be flexible negotiator ever wants is a deadline. enough so as not to encroach on news judgment, thoughtful enough to deal with the complexities of the situation and clear enough to help news people deal reasonably with fast breaking, tense life-and-death situations." 11

12 I FBI Law Enforcement Bulletin Law enforcement has had its problems adapting to the hostage/ terrorist situation and its relationship to the press. The initial reaction to a hostage/terrorist crisis is to direct all manpower to the tactical and negotiat• ing efforts to free hostages safely, to the exclusion of all else, even the me• dia. The neglect of the media by law enforcement in its all-out efforts to save lives often creates additional problems. The New York City Police Department (NYPD) discovered this phenomenon in its first hostage negoti• ation case at a sporting goods store in Brooklyn. After the Munich Olympics, the NYPD formed a hostage negotia• lions team in 1972 under the direction of Dr. Harvey Schlossberg (recently retired) and Capt. Frank Bolz. When the Brooklyn incident broke, the police wanted a news blackout and went so far as to shut off the electric power to the entire area. The media countered by setting up portable generators and Ifloodlights, which inadvertently served to silhouette the police and leave the perpetrators in the shadows. Having learned a lesson from this experience, Ithe NYPD now spends time with the media, to the point of including them in tts hostage training sessions. Communication between media and law enforcement tends to strengthen the trust between the two. As one police chief stated in a nation• wide survey, "On-scene liaison be• tween police and media and a policy of department-wide openness promotes a climate of mutual trust and under• standing wherein the police and the media can fulfill their respective obliga• lion to the public." 19 The time for com• munication with the media, however, Icomes long before the crisis occurs. The chief of police in Warrensville Heights, Ohio, who was involved in a hostage/terrorist situation, says that until that crisis he had never really spent a whole lot of time with members of the media. Now he believes in es• tablishing an on-going relationship with them. "The key is common sense and

FBI Agents rescue two children who were held hostage. (Photo credit Ronald F. Kuntz, UP/)

September 1979 I 13 Warrensville Heights police chief briefs members of the news media. (Photo credit Bernie Noble, Cleveland Press)

cooperation between media and law In the FBI, Special Agents have al departments, notably the enforcement," said the FBI Special been appointed as media representa• have been very successful with Agent in Charge during the Warrens• tives in each of the FBI's 59 field of• technique. As Captain Bolz puts ville Heights case. 20 Building a good fices. All the media representatives are "We try to take away the mystique." rapport with the media-one based on trained in press relations at inservice The press must see that law forthrightness, openness, and trust• training sessions held at the FBI Acade• ment is sincere in attempting to long before the hostage taker ever my. Media representatives have served ance the people's right to know strikes is a necessity. the FBI , the press, and the American the protection of lives. Often, a Essential to this trust relationship public well, and they become particular• presentation to the media by the is a public information officer (PIO) . ly important during a hostage/terrorist partment's hostage negotiator and Each police department should have situation. PIO helps to create an awareness some individual assigned the duty of Before a hostage/terrorist situa• sensitivity to law enforcement's liaison with the press, and that person tion occurs, the PIO and the chief lems. should be someone other than the should take the initiative to meet with When the crisis situation chief. The PIO gives the chief the lati• the video, radio, and print media, in• the PIO should be one of the first tude he needs to · run the department cluding the wire services. These meet• the scene. His job at the scene is and still be available for press confer• ings should involve a discussion with ascertain immediately the facts ences and media appearances, while the news director, city editors, and su• report to the media the who, the PIO has daily contact with the pervisors of reporters concerning the when, where, why, and how of press to handle the usual inquiries nature of hostage negotiations and the situation in a general briefing, so common to most police departments. problems associated with them. Sever• the entire press corps can get the The PIO should disseminate public in• from a reliable police official, formation to the media and remain eliminating the need for freelancing sensitive to the needs of the press in the media. day-to-day operations and especially during a crisis situation.

14 / FBI Law Enforcement Bulletin During a recent hostage/ terrorist situation, . exhausted newsmen catch up on much-needed sleep. (Photo credit Timothy Culen, Cleveland Press)

After the initial press briefing, the During the hostage/terrorist situa• Footnotes PIO should establish a media com• tion, the Pia serves as a direct link , David Abbott and Sergio Lalli, "The Media Captured Along with the Hostages." Sunday Plain Dealer Magazine, mand post. This post should serve as a between law enforcement and the me• May 8, 1977. p. 34. 2 Carey Winfrey, " Hanafi Seizure Fans New Debate centralized area from which press dia. His job is not only to keep the on Press Coverage of Terrorists," New York Times, March statements can be made, information press informed, but also to buffer the 19. 1977. p. 33. 3 Halina J. Czerniejewski, " Guidelines for the released, and questions answered. command post from the pressures of Coverage of Terrorism." The Quill, July-August 1977. p. 11 The location depends on each situa• the media, so that the chief or com• 21 . I • Robert W. Merry, " On-the-Air Hindrance? tion. It may be 50 feet or 5,000 feet manding officer can concentrate on Broadcasters Search Souls Over Coverage," The National away from the incident; it may be out• the job at hand and not be tied up with Observer, April 22, 1977. ' John Weisman. "When Hostages' Lives are at Stake doors or on another floor in the same external interruptions. Finally, the Pia .. Should a T.V. Reporter Push On or Pull Back?" TV i_~ should remain with the media at all Guide Magazine, August 26. 1978. p. 5. I building where the hostages are being , Abbott and Lalli. p. 32. held. Location of the media command times. Since many situations take days , Abbott and Lalli. p. 33 . • " Study Concludes There's Not Much Agreement post should be accessible, while not to resolve, consideration should be giv• Between Police and the Media Officials." Variety, intruding or interfering with tactical po• en to having an alternate Pia. (Hollywood, Calif.) August 17, 1978, p. 1. i "T.V. Newsmen Split on Air Time for T eITarists." lice or negotiators. However, it should Proper handling of news media at 1 More, June 1977, p. 20. not be at such an unreasonable dis• a hostage/terrorist situation not only 10 Ibid. ) " Ernie Schultz. "Censorship Is No Solution to j tance away from the scene so as to requires scheduling and coordination, Coverage of Terrorist-Hostage Situation," RTNDX Communicator, July 1977, p. 7. invite freelancing. The ideal media but also a delicate balance between " Id., More, p. 20. command post should have outside the duty of the press to inform and law 13 "Many Stations Enact Guidelines on Involvement with Terrorists," Television l Radio Age, October 21 , 1977, telephone lines for the press to call in enforcement to protect. This is not an p. 26. their stories, toilet facilities, and if pos• easy task. However, the problems can .. Ibid, p. 74. 1 t5 lbid. sible, a place to sit down or even lie y be worked out with mutual effort on the 16 Weisman, p. 5. down, as some cases go on for days. part of both law enforcement and the 17 Ibid. y " Ibid, p. 6. media. 1BI 19 " Police Chiefs Blame TV for Acts of Terrorism," Editor and Publisher, August 27, 1977. p. 12. 20 Abbott and Lalli, p. 33. 2 1 Weisman, p. 6.

September 1979 / 15 BUILDING l\. WINNING TEAM By taking principles of good football coaching and transferring them

to law enforcement training I a winning team may be created.

By M. JOHN VELIER To the police training officer who Special Agent is a football fan, watching two evenly National Academy and matched teams playa game might well Police Training Unit evoke several training-related ques• FBI Academy tions and comparisons. First, how does Quantico, Va. one team defeat another capable, well• trained team? Second, what is the key element common to winning teams? Third, how does a winning team get to be that way? And finally, what can the police training officer learn from the way football teams function, and how can the principles learned be applied in the police trainer's environment?

16 I FBI Law Enforcement Bulletin Answering the first question is rel• stated, winning teams execute duties needs. The personnel are taught the atively simple. The winning team has and responsibilities with more effec• fundamentals of their positions and are talented personnel who perform better tiveness than their opponents. Supe• drilled in the proper execution of these individually and as a team, are highly rior execution can be a "key" to win• fundamentals from the time they join motivated and well-trained, and dem• ning football. Each individual from the the team until they retire. Those that onstrate a firm foundation in the funda• players through the coaches executes can't perform to established standards mentals of individual positions. the skills learned through the training are released. Teamwork and discipline are notice• process properly and precisely. Pride, confidence, motivation, and able throughout the game. The third question can be an• teamwork are stressed by the coach• This logically leads to the answer swered by combining the answers to ing staff. How each position relates to of the second question. Again, simply questions one and two. Winning teams the overall goals and objectives of the recruit the best personnel available to team is emphasized. By game time fill the team's present and future

September 1979 / 17 each individual is confident, inspired, law enforcement setting is "once and ready to do his job to the best of trained, always trained." 2 Too often his ability. During the game the coach• law enforcement administrators hold ing staff discusses game strategy, the opinion that once a person has weaknesses in the opponent, errors graduated from a recruit school and being made, and the steps to take to has been given a field assignment, correct them. When the game is over, performance will always be at least at the strategy and performance of each the level demonstrated during the player and member of the coaching training program. When on-the-job per· staff is evaluated with the goal in mind formance does not measure up to of improving performance and execu• these expectations, there is a tenden• tion, individually and as a team. cy for peers, supervisors, and adminis• The fourth question, however, is trators to downgrade training programs not so easily answered. By analyzing as not being worthwhile.3 "Why did the previoLis questions and answers, a Jones screw up this arson case? We logical basis can be developed. It is sent him to school three years ago." critical for effective law enforcement in Never mind the fact that this is his first these times to recruit the best talent arson investigation since attending the available. 1 Requisite knowledge, skills, school. Educational psychologists and attitudes must be properly evaluat• agree that if knowledge and skills are ed to insure that those recruited have not kept current through practice and the potential for contributing to the usage, they will at best be rusty and at achievement of departmental goals worst lost completely. and objectives. Once recruited, the po• Hence, the recruit school certifi• lice trainer, much the same as the cate should be viewed in the same way football coach, must spend time and "It is critical for effective as "making the team" and the begin• effort in developing the trainee, while ning of a professional career. To be at the same time measuring his prog• law enforcement in these meaningful and effective, training must ress to determine if he measures up to times to recruit the best be continuous throughout the officer's the realistic expectations of the depart• talent available." career. 4 Supervisors and trainers have ment. The fundamentals of law en• every level, to get people working to• a responsibility to individuals and oper• forcement techniques must be gether with an understanding of the ational units to insure that knowledge, exhaustively taught to, and understood tasks to be accomplished and the real• motivation, and skills are kept current and demonstrated by the trainee. The ization that proper execution will assist and not lost through disuse. They can goal of faultless execution by each in meeting the goals and objectives of do so by explaining proper procedures trainee must be systematically accom• both the individual and the department. and analyzing errors and shortcom• plished. With an understanding as to why and ings. They can point out and reinforce During the initial training process, how each element relates to goal ac• strong points, suggest adjustments, pride, confidence, and motivation to complishment, individuals will be better and offer constructive criticism on a perform to expectations should be in• equipped and motivated to do their regular basis to personnel on the job, stilled. The role the trainee will play in best. in much the same manner as coaches the overall departmental effort is ex• Throughout an officer's career, ex• do during a game. Without this type of tremely important and is all too often ecution should be monitored and eval• activity, much of what was accom• misunderstood, not stressed, or totally uated, failures and shortcomings plished during the training process will overlooked in law enforcement train• corrected, positive performance recog• lose effectiveness and meaning. ing. nized, and improved performance Periodically, such as at the conclu• Exposing trainees to working with shown as a major goal of the whole sion of a major case or at regularly other officers and other components of criminal justice team. To maintain an scheduled supervisory conferences, the criminal justice system and provid• effective organization, training must employee performance and depart• ing the opportunity to demonstrate not cease when the certificate is mental procedures should be re• learned knowledge and skills in simula• awarded. A common fallacy in today's viewed, analyzed, and discussed in tions or "scrimmages" will assist the detail. Are the training programs meet• trainee in relating to his position and ing individual and departmental needs? duties. His confidence and ability will Are the training programs improving be improved before the recruit is thrust into real-life situations. It should be a major objective of police training, at

18 / FBI Law Enforcement Bulletin performance of the personnel to the benefit. When quality football players degree that common errors and execu• are recruited and developed individual• tion deficiencies are being corrected? ly and as a team, chances are good Are supervisors reinforcing activities that a winning season will result. Most learned from training programs, or are assuredly, there will be an improve• they preventing new ideas and/or ment in performance, morale, and mo• techniques from being implemented tivation. The winning attitude is because they are not comfortable with contagious and seems to perpetuate change? Training activities and on-the• itself. job execution must be evaluated, and As the football coach demands strategy, performance, training, and su• faultless execution from his players pervision improved to assist in meeting and assistant coaches, law enforce• the department's goals and objectives. ment should heed his example and Instructors and supervisors can be demand no less from our own profes• compared to coaches in that they are sion. I'BI responsible for taking the raw human talent provided and molding them into Footnotes highly trained, knowledgeable person• , National Commission on Productivity, Opportunities For Improving Productivity and Police Services nel who will execute their jobs to the (Washington, D.C.: U.S. Government Printing Office, best of their ability and in conformance 1973), p.3. ' George M. Allen, " The Police Managers Role in with what is expected of them. Instruc• Training," Police Chief Magazine, Vol. XLIII , No. 8, August 1976, p. 38. tors and supervisors must also supply ' Ibid the impetus for motivation, desire, and • U.S. Army Engineering School, Psychology of Leamlng (Fort Belvoir, Va .: U.S. Government Printing implementation of knowledge and Office, 1966), p. 11 . skills effectively and efficiently within the team concept. Not everyone is cut "To be meaningful and out to be a quarterback; however, effective, training must be those that cannot play quarterback may fit very well into another position continuous throughout the which is equally as important to the officer's career." overall effort. Instructors and supervi• equipment expended in training pro• sors, as well as good coaches, should grams does in fact improve the execu• realize this and use the talent so that it tion of job-related activities, then meets the needs of the individual and supervisors and administrators will be the team. more willing to become involved in the Limited time, expertise, economic process and to provide necessary re• resources, and equipment are some of sources for training programs. the constraints placed on trainers as The referees and spectators are well as coaches; These should be looking over our shoulders and watch• viewed as obstacles to be overcome, ing our performance with interest. By rather than insurmountable barriers. A taking some of the principles of good possible answer is improved use of football coaching and transferring what is available both inside and out• them to law enforcement training, a side the department. Some years ago, winning team may very well be cre• a professional team hired a ballet ated. By recruiting the best talent avail• dancer to help improve agility of line• able, providing constant training in men. Revolutionary? Yes. Effective? fundamentals and techniques of the Yes. If trainers document that perform• profession, providing the positive at• ance is improved through training giv• mosphere for pride, confidence, and en, that manpower, money, and motivation, constantly striving for bet• ter execution of duties, providing guid• ance and direction during performance of duties and realistic evaluation of individual and departmental perform• ance, certainly the department will

September 1979 / 19 " An officer of the New York City, fortunately it is not. Nine officers, New York, Police Department, with nearly 10 percent of the total number three years of law enforcement experi• Gun (93), were killed in 1977 with their own ence, was fatally wounded subsequent weapons. Moreover, FBI Uniform to making a traffic stop. After observing Retention Crime Reports' statistics indicate that a vehicle containing two males driving between 1970 and 1975 the number of officers slain with their own weapons eastbound in a westbound traffic lane, By LT. MICHAEL T. O'NEILL the victim officer and his partner increased 111 percent. stopped the car and proceeded to Police Department The ever-present potential for search the subjects. Suddenly an indi• Denver, Colo. such tragedies seems to have escaped vidual arrived at the scene claiming the attention of most training adminis• that the apprehended men had just trators and training specialists. There is robbed his luncheonette. As the vic• a scarcity of literature pertaining to tim's partner began handcuffing one of preventing being disarmed although the alleged robbers, a struggle ensued techniques of varying degrees of effec• between the two, and the other sus• tiveness abound for disarming the sub• pect fled. The remaining subject, aged ject who is pointing a weapon at the 36, managed to obtain the partner's officer. (Editor's Note: See " Officer .38 caliber handgun and fired three Disarmings-A Response," FBI Law times, striking the 34-year-old victim Enforcement Bulletin, vol. 47, no. 3, officer in the back." I The officer died, slain with the weapon of a police offi• cer. Unusual? A rare occurrence? Un•

20 / FBI Law Enforcement Bulletin March 1978, p. 8.) Unfortunately, these techniques require a substantial amount of skill and constant reinforce• ment, and most police officers have neither the time nor the inclination to devote to becoming proficient in com• bative arts. We will, therefore, consider the threat of an officer being shot with his own weapon primarily from a preven• tive standpoint, i.e., that "an ounce of prevention is worth a pound of tech• nique." Hopefully, an officer with a proper mental attitude will consider personal and environmental factors, and will rarely, if ever, be placed in the position of having to resort to physical arts in a life-and-death struggle. Among preventive measures, we first consider one which is simple to learn although it demands practice and Lieutenant O'Neill Chief Arthur G. Dill concentration . It is a state of mind in Denver Police Department which an officer is constantly aware of his surroundings and any individual he The next step on the prevention It should be noted that within the is contacting, as well as any other ladder is the combination of the "pos• sphere of this "aura of caution" which person(s) nearby. He surrounds him• ture of the mind" and "posture of the includes 360 0 vision and proper pos• self with an aura of caution. There is a body." Here the officer must be keenly ture is the consideration that overfamil• thin line here that must be tread be• aware that in every call to which he iarity with the subject has been a factor tween the jumpy, twitchy gunfighter responds, in every field contact he in police deaths. Because an officer and the tunnel-visioned individual who makes, there is at least one man pres• knows the person and has dealt with is oblivious to everything around him. ent who has a gun-himself. A strong, him before, he lowers his mental and Three hundred and sixty degree on-balance posture is required from physical defenses. Note well the fact vision is a necessity. An officer, which an officer can quickly and effi• that in 1977, 32 percent of the 93 through relaxation and concentration ciently move away from an aggressor officers killed knew their assailant. 3 techniques, can bring himself to a level and simultaneously keep his holstered This reinforces the need for ever-pres• of mental acuity where he is conscious weapon beyond the reach of the sus• ent vigilance and scrutiny. of everybody and everything around pect during conversation with him or The next dose of preventive medi• him. This significantly reduces the her. This is best accomplished by an cine is one which will overlap into the chances of a sudden surprise attack by officer standing just beyond arms' technique area. It has to do with physi• an unobserved associate of the sus• reach of an individual with his body cal conditioning. Studies indicate that pect, a situation which has arisen fre• turned so that the weapon is "away" considering the rigors and demands of quently in officer deaths involving their from the subject. the job, police officers, in general, are own weapons. It is alarming to note in casual in poor condition. 4 This has to add to This state of mind has the benefits observation the number of officers who the attractiveness of an officer as a again of reducing or eliminating "peep• unwittingly place themselves in a posi• target when he is facing a sub• hole" concentration where the officer tion to be disarmed. Most officers allow ject who is evaluating the probable focuses on only one thing (such as themselves to be disarmed by standing success of an attack on the lawman. filling out a summons) plus the sub• or sitting in such a position that their The studies conclude that the average stantial spinoff benefit of forcing an holstered weapon, often improperly officer can barely hold his own from a officer to relax. He will only be truly snapped or unsnapped, presents a conditioning standpoint with the aver• effective in his 360 0 set when he is most inviting object to an individual age citizen and is in worse condition relaxed . Tension, stress, and anger who is amenable to the thought of than the average prison inmate. An only serve to slow him down and make assaulting an officer. overweight, obviously out-of-shape of• him awkward and stiff. As a matter of ficer does not present the same deter• fact, such relaxation and concentration rent as one who is trim, fit, and exudes techniques are not difficult to learn and an image of good health and strength. their practice can have far-reaching A corollary of this fitness element beneficial returns in terms of overall comes to mind when prevention is of stress reduction. 2

September 1979 I 21 Proper stance and positioning of the weapon An auxiliary weapon, concealed and readily is essential to effective gun retention. accessible, should be carried in the event the primary weapon is compromised no avail and an officer must fight to holsters are designed in such a man• auto accidents, knife attacks, and as· retain his weapon. Cardiovascular en• ner that the weapon will not come out saults with personal weapons (feet and durance and strength may now make when grabbed from behind as by a hands). the critical difference between success member of a crowd. An officer cannot, A second "insurance policy" in the and failure, between life and death. however, place too much reliance on a equipment category is the auxiliary The overall benefits of physical holster to the exclusion of other pre• weapon. The purpose of this weapon is conditioning in improving the longevity cautions, as is evidenced by the fact to serve as a backup in situations and efficiency of police personnel are that lawmen have had their guns where there is a failure of the service now a subject of increasing interest to snatched from just about every make revolver or where the primary weapon research and development personnel. and style of holster made. is close to falling or has fallen into the Perhaps insights will be gained that will Another equipment topic that gen• hands of the assailant. For maxim um lead to the establishment of meaning• erates considerable controversy when effectiveness this secondary weapon ful, worthwhile programs of fitness that particularities are discussed is the pro• must be concealed, yet readily acces· both administrator and "foot soldier" tective vest. While some departments sible. Such equipment as ankle hoi· will be able to make a commitment to. mandate the wearing of the vest, most sters and boot guns fail to meet the Still pursuing the link between pre• allow it to be an optional item for the standard of ready accessibility, while a vention and technique, let us consider officer. There is no doubt that it is a second revolver or automatic stuck in accouterment. First on the list is the cost-effective "insurance policy" that the belt is as accessible to the suspect police holster. Often discussions of no patrol officer can afford to be with• as it is to the officer. Some variation of equipment turn into heated debates out. Again referring to statistics, in a small snubnosed revolver, especially with as many individual opinions as to 1977, 45 of the 83 officers slain with the shroud model, carried in the fro nt the effectiveness of specific items as firearms (over 50 percent) were shot in or back pocket of the uniform trousers there are individuals. Therefore, we will the torso. Eighty-one percent of the meets both the accessibility and can· deal in generalities. In a holster an overall total were in uniform. One crite• cealment criteria. Of course, there are officer must look for both safety and rion the officer should bear in mind administrators with different attitudes, his own quick access to the weapon. when selecting a vest is that it be e.g., one may issue or authorize an Most experts agree that the "high• capable of stopping the caliber of bul• auxiliary weapon and another may pro· ride" holster meets both these criteria. let he carries in his service revolver hibit the carrying of a second weapon, It provides quick access to the gun, yet should the worst happen and he be fearing that it will be used as a "throw· due to the holster's high position on disarmed. Additionally, the vest has ex• down" weapon. the belt, where the gun can be readily tra benefits as a protective device in We have now explored the pre· protected by the officer clamping his ventive measures. Hopefully, thro ugh arm against it, the assailant is not able learning and use of these attitudes and to reach it easily. Some styles of these implements, an officer will avoid being put in the position of having to fig ht a

22 I FBI Law Enforcement Bulletin An officer must disengage from the suspect stsll costs.

subject who is trying to unholster the basic techniques, which include dis• gage and then use the appropriate officer's weapon. But, what if the worst abling blows to the eyes, the throat, amount of force to thwart the attack. happens and suddenly and unavoid• and the groin, are designed to disable This force can take the form of his ably the officer finds himself the object temporarily or permanently the at• mace, baton, service revolver, or auxil• of an attack in which the assailant's tacker depending on the gravity of the iary weapon if his primary weapon has goal is to obtain the officer's gun? It is situation. In addition, because of their been neutralized. Half-hearted at• here that presence of mind and physi• simplicity, these techniques are easily tempts to subdue an individual who is cal conditioning will begin to pay divi• learned and easily recalled in a stress• deranged enough to attack physically dends. ful situation. The only consideration the an armed police officer can only result It is in the physical arena that officer has to make before using these in undesirable consequences befalling there is misdirection in training. Offi• techniques is a proper assessment of that officer. cers are often given sophisticated the situation to determine how much In considering responses to the hand-to-hand combat training which, if force is justified. Most of the time, specific problem of a subject attempt• given enough instruction and practice though, the situation is evolving into ing to wrest an officer's gun from his in the cl assroom environment, they be• one of life and death, since the officer holster, just as in the overall crime come very adept at. Unfortunately, must assume that if the subject obtains picture, prevention is of primary impor• much of this training is futile because it the weapon the officer will most as• tance. When prevention fails, specific is not reinforced by regular review and suredly find himself in a grievous posi• techniques are in order. Experience practice once the officer is on the tion. has demonstrated that the more basic street. Moreover, the officer often The above techniques are de• these techniques, the more effective gains a false sense of confidence from signed to help the officer in attaining they are. Practice concentration, relax• his initial training and then finds himself the second principle, a rule which must ation, physical conditioning. Use the overwhelmed in the actual situation. be scrupulously adhered to and that is proper equipment and pray that specif• Physical training in gun retention to DISENGAGE. An officer, regardless ic disengagement and subduing tech• should stress the most basic tech• of his strength and training, must al• niques will not be necessary. FBI niques, which can be recalled in a ways assume that his assailant is combat situation with a minimum of stronger and tougher than he is. This is Footnotes , FBI Uniform Crime Reports, Law Enforcement Offi· effort. In a struggle for control of his frequently true, in fact, because of the cers Killed in 1977, U.S. Department of Justice. weapon , the officer has so many stim• influence of drugs and/or alcohol on , Robert K. Koga, Kega Method: Police Weaponless Control and Defense Techniques (Beverly Hills, Calif.: uli affecti ng his mind that he will never the subject. A number of powerful and Glencoe Press, 1969). be able to recall and activate anything , FBI Uniform Crime Reports, Law Enforcement Offi· physically talented officers have been cers Killed in 1977, U.S. Department of Justice. but the most basic movements. These overwhelmed, disarmed, and summari• .. National Institute of Law Enforcement and Criminal Justice. Physical Fitness Programs for Law Enforcement ly executed because they chose to Officers: A Manual for Police Administrators, LEAA. engage in a wrestling match with their killer. An officer must at all costs disen•

September 1979 / 23 Public safety officers extinguish automobile fire. TEXARKANA'S Our Nation's citizens are demand• roads and a major shopping center for ing more and better police and fire a four-State area comprised of Texas, PUBLIC services, and the City of Texarkana, Arkansas, Oklahoma, and Louisiana. Ark., is confronting problems similar to Additionally, the Arkansas side is the SAFETY those of other American cities in its only alcoholic beverage outlet within a attempts to provide and improve these 70-mile radius. Because of its unique services. Texarkana's situation, how• situation, the Texarkana, Ark., Depart· PROGRAM ever, is unique, owing to its "border ment of Public Safety is required to city" status. It has a population of ap• police approximately 70,000 to 80,0 00 proximately 22,000 citizens and en• By BOBBY C. MIXON people during peak periods, and this compasses an area of 11 square miles. places an extreme burden on a depart· Deputy Director Texarkana, Tex., her sister city, has an ment geared for a smaller population. Department of Public Safety approximate population of 35,000 citi• Texarkana, Ark. zens within a 20-square mile area. In addition, the former city operates un• der a manager-council form of govern• ment which is totally separate from the latter. The Texarkana area is a cross-

24 I FBI Law Enforcement Bulletin In the latter part of 1974 and in Realizing that each concept varies early 1975, Texarkana, Ark., was faced with each community and that a pure with the possibility of being required to consolidation could be a drastic employ several additional fire and po• change from the old dual system, a lice personnel because of projected moderate approach-the combination requirements of the Fair Labor Stand• of the selected area and partial con• ards Act and the community's Citizen solidation methods-was determined Advisory Committee's demand for im• to be the most desirable for Texar• proved law enforcement services. With kana. The City of Durham, N.C., was limited local funds, but a genuine de• using this type of approach, and in an sire to provide positive fire and police effort to take advantage of their knowl• services to its citizens, Texarkana con• edge and experience, Texarkana city sidered an integrated public safety de• administrators visited Durham for an partment. "on-site" view of the concept in oper• In Canada and the United States, integrated fire and police services, op• "The PSO program is not erating under various titles to varying designed to reduce an degrees, dates back several decades. organization's budget, but Its history can be traced to around 27 to allow better use of B.C. in Rome. Although the exact num• manpower and funds." ber of cities using integrated fire and Bobby C. Mixon police services is unknown, it is obvi• ation. Subsequently, a detailed com• ous that the number of cities consider• munity study was conducted. It ing the concept is increasing annually. included a physical and economic The integrated public safety de• makeup, population characteristics, partment can be categorized into five and the anticipated administrative and basic types: Consolidated service, par• public support for a public safety officer tial consolidation, selected area con• (PSG) program. A careful analysis of solidation, functional consolidation, the study by city administrators deter• and nominal consolidation. mined that Texarkana, Ark., was ripe Consolidated service is a com• for the PSG concept and that the con• plete reorganization of the two sepa• cept used by Durham, N.C., would be rate services into one integrated most suitable for our community. service. The majority of its force are While preparing the plan, several "generalists" who are trained for and areas were given serious attention, but perform both police and fire duties. emphasis was placed on leadership, Partial consolidation represents a personnel, training, and financial and method of using "generalists" as legal issues. members of a special fire-police unit in The legality of the concept posed an organizational relationship that re• no major problems. Arkansas State law tains the fidelity of the two services. stipulates that a police officer can be Selected area consolidation is required to perform fire functions, but characterized by a degree of integra• there is no provision regarding a fire• tion whereby the two protective serv• man being required to perform police John Butler ices function separately, except for the functions. The pension system pre• Director of Public Safety operation of specially trained police• sented the only difficulty since both fire personnel throughout a limited services had separate pension plans. geographical area. However, this problem was resolved Functional consolidation repre• with the purchase of an insurance sents a degree of integration in which policy which would reimburse the re• separate police-fire services are re• spective pension system of an officer tained, but one or more duties normally who was injured or killed while per• performed by one department have forming an alternate function. been assigned to members of the other department. Nominal consolidation groups the bureaus that perform functions related to public safety into one agency.

September 1979 I 25 Public safety officers operate firetruck equipment.

An organization structure was es• The physical budget for phase I of Phase I was so successful that the tablished which assigned both fire and the plan required the employment of citizens of another district, district 3 in police services under the authority of a nine additional officers (five policemen the southern section of the city, peti· single administrator-a director of pub• and four public safety officers) and the tioned city administrators for the pro· lic safety. But the structure was revised transfer of four firemen and five police gram. Phase II was implemented in in 1977 with the official appointment of officers from their respective budgets, July 1976. Personnel for this phase two deputy directors, one fire and one operational funds, and capital outlay consisted of a unit with 21 members, police. Both deputies had been per• funds for the purchase of additional including 2 firemen, 12 policemen, and forming those duites since the pro• vehicles and equipment. 7 recruits. This unit assumed full fire gram's implementation. Phase I of the program was ap• and police responsibilities for district 3 All commissioned personnel were proved by the city administrators, and in January 1977. to be governed by a civil service sys• in August 1975, the program was im• The program continued to be suc· tem, and higher standards were re• plemented in district 2 in the northern cessful and so highly accepted by the quired for personnel (firemen, section of the city. Full responsibility public that citizens on the northeast policemen, and new applicants) re• for fire and police service began Janu• boundary of district 2 requested the questing entry into the PSO program. ary 1, 1976. The operational plan program be expanded to cover their Personnel were selected on a competi• called for the assignment of 1 PSO unit area of the community. Their request tive and volunteer basis. consisting of 16 PSO's (the initial was granted in January 1978. This ex· A training program was designed group included 4 firemen, 8 policemen, pansion consisted of five reclassified to teach law enforcement to firemen, and 4 recruits) to district 2. This unit policemen assigned to district 2. fire control to policemen, and fire and would have full responsibility for pro• police functions to those recently viding fire-police service to that area. hired. This training period consisted of Officers would work 8-hour shifts, with 6 weeks of basic police training, 6 one officer assigned to the district sub• weeks of basic fire training, and 4 station to operate the firetruck and the weeks of on-the-job training as a team. other officers assigned to a patrol beat in specially equipped fire/police vehi• cles. The police commander would su• pervise these officers except during fire situations which would be super• vised by the fire commander. 26 / FBI Law Enforcement Bulletin Prior to the PSG program, there The initial plan did not include It must be noted that PSG pro• were 50 commissioned police officers phase III, which is the reclassification grams can fail, and abuse of one or and 46 fire officers. There was an aver• of all remaining traditional police posi• more of these principles will usually age of 3 patrol vehicles on the streets tions in district 1. However, because dilute the program's effectiveness. at any given time, and 15 personnel the program has progressed so suc• The quality and quantity of fire and available for fire service. The response cessfully, phase III will begin in early police services can be difficult to time for both fire and police requests 1979, and it is anticipated that by 1980 measure. However, since the imple• was approximately 6 minutes. Now, the traditional police officer will cease mentation of the PSG program, our fire there are 73 commissioned police/ to exist in Texarkana, Ark. There are and police statistics plus our citizens PSO and 34 fire officers. There is an no current plans for the reclassification comments and compliments indicate average of 10.5 patrol vehicles in serv• of the remaining fire positions (phase that the program is providing profes• ice at any given time, and 20 personnel IV). The program is working very sional public safety services. available for fire service. Response smoothly and no further changes are The public safety concept may be time for both fire and PSG requests is anticipated in the near future. used by agencies large or small. The now an average of 1.5 minutes. Re• five basic alternative categories within ported Class A offenses for 1975, the "The public safety concept the public safety concept enable an last year of police operation without may be used by agencies agency to select various combinations PSO, totaled 1,823, as compared to large or small." to design a program to meet its own 1,587 in 1978 with PSG. The figures particular needs. The results of our represent a 13-percent decline. In conclusion, the public safety of• selected area/partial consolidation The city has maintained for sever• ficer program is based on certain prin• program indicate that this department al years an aggressive code enforce• ciples which need to be adhered to for is now providing public safety services ment program resulting in an extremely the program to be effective: more effectively, efficiently, and eco• low fire rate. This extremely low fire 1. Appointment of a public safety nomically. Because inflation and tight rate allows a PSG to spend approxi• director with full authority over police money budgets are rapidly increasing, mately 90 percent of his time in patrol and fire services. and police departments are searching function s. Due to this increase in patrol 2. Consolidation of communica• for more practical methods of providing strength and faster response time, our tions and dispatching. the desired level of services to their crime rate is down considerably, while 3. High standards for personnel citizens, each police administrator crime in most other cities in the Nation selected to be public safety officers. should examine the feasibility of the is up. It is also noted that faster re• 4. Complete and thorough training PSG concept, as applied to his depart• sponse time and additional manpower of personnel in both fire and police ment. FBI for fire situations has brought about a duties before they are placed in the decrease in fire insurance rates and field. has reduced property loss substantial• 5. Detailed planning before imple• ly. In 1975, the last year of fire oper• mentation. ations without PSG, the estimated fire 6. Additional compensation for the loss was $1,108,650, as compared to increased responsibility. $494,981 in 1978 with PSG. The fig• 7. Thorough briefing of public offi• ures represent a 55-percent decrease. cials and organizational personnel, The PSG program is not designed plus public education. to reduce an organization's budget, but 8. All participating personnel to allow better use of manpower and should be volunteers-no mandatory funds. Texarkana's overall DPS budget assignments. increased during Phase I and II mainly 9. Appropriate legislation must be in the areas of personnel and capital developed. outlay. However, the expansion of dis• 10. Sufficient funds must be avail• trict 2 required no increase, only a able and high original capital outlay reclassification and reassignment of considered. personnel and equipment. It appears 11. Strong public commitment by that manpower and capital outlay have the city council. stabilized, and a large savings is pro• jected over a 5-year span by measur• ing services provided under the PSG concept when compared to the old dual system.

September 1979 / 27 The Plain View Doctrine (Part 1)

By JOSEPH R. DAVIS Pamela, a 14-year-old girl, left her At Coolidge's trial on charges 01 home in Manchesler, N.H., on the Special Agent murder, vacuum sweepings, including evening of January 13, 1964, during a Legal Counsel Division particles of gunpowder taken from the Federal Bureau of Investigation heavy snowstorm, apparently in re• vehicle, were used to show that it was sponse to a telephone call from a man Washington, D. C. highly likely that Pamela had been in requesting a babysitter. Her family nev• Coolidge's car. The defendant objecl· er again saw her alive. Eight days later, ed to introduction of this and other Law enforcement officers of other Pamela's Irozen body was found in a evidence, but it was ruled admissible. than Federal jurisdiction who are snowdrift beside an interstate highway The jury found Coolidge guilty, and he interested in any legal issue discussed a few miles from her home. Her throat was sentenced to life imprisonment. in this article should consult their legal had been slashed and she had been In 1971, the case, Coolidge v. adviser. Some police procedures ruled shot in the head. New Hampshire, ' reached the U.S. Su• permissible under Federal The community was understand· preme Court for review. The Court held constilutionallaware of questionable ably shocked. A large-scale investiga• that the search and arrest warrants, legality under State law or are not tion was launched under the direction which had been signed and issued by permitted at all. of the State's attorney general, who the State's attorney general acting as a was also later to serve as the chief justice of the peace, were invalid. The prosecutor at the Irial. Approximately 1 Court noted that due to his close in· month later, the investigation culminat• volvement in the investigation, the at· ed with the arrest of Edward Coolidge torney general could not proper~ and the execution of several search serve as the "neutral and detached warrants. one of which authorized the magistrate" required by the fourth seizure and search of Coolidge's auto• amendment. 2 mobile. The vehicle, which was parked Since the search warrant for the in the driveway in front of his resi• vehicle was declared invalid, the Stale dence, was impounded by the officers was forced to argue alternatively thai executing the warrants and was later the automobile was properly searched towed to the police station. The car pursuant to one of the recognized ex• was searched and vacuumed 2 days ceptions to the warrant requirement 01 after it was seized, again approximate• the fourth amendment. ly a year later, and a third time in April 1965.

28 I FBI law Enforcement Bulletin ", " , although plain view can never expand the area of search, it may expand the area from which items may properly be seized."

One of the theories offered by the on the premises to arrest Coolidge and where officers were in a store execut• State to justify the seizure was that the the car was immediately apparent as ing a search warrant for gambling para• car itself was an "instrumentality" of evidence of the crime, the necessary phernalia. In the course of the search, the crime, and therefore, might be "inadvertence" was not present. It was a sawed-off shotgun was unexpectedly seized from Coolidge's property be• pointed out by the Court that the offi• discovered underneath a counter in a cause it was in plain view of the offi• cers in Coolidge had advance knowl• location where gambling paraphernalia cers when they were on the premises edge of the description and location of might reasonably be expected to be to arrest Coolidge. 3 While seizures by the car and its connection with the found. In approving the seizure under the police of evidence which had been crime, had ample opportunity to obtain the plain view doctrine, the court noted discovered in plain or open view had a valid warrant, and intended to seize it that the search warrant provided au• been permitted before, 4 the Court had when they came upon Coolidge's prop• thorization for a prior valid entry and not previously attempted to set forth erty. 6 search of the premises and that neither the parameters of this doctrine or to This article will undertake to exam• the area or time period of the search establish it formally as an exception to ine each of the elements of the plain was expanded in order to discover the the warrant requirement of the fourth view doctrine set forth in Coolidge and shotgun. 9 amendment. to illustrate how these requirements Officers may be present to ex• In Coolidge, Justice Stewart, writ• have been interpreted and applied by ecute an arrest warrant, either for the ing for a plurality of the Court, under• Federal and State courts in subse• accused or some other person, 10 or to took to describe the scope of the plain quent cases. make a proper warrantless arrest. 11 vi ew doctrine, as well as to establish its Part I of this article will examine Of course, at the time of an arrest, limitations. He began by reaffirming the the "prior valid intrusion" aspect of the a limited search may be made of the established proposition that " searches doctrine. The conclusion of the article place of the arrest in order to discover conducted outside the judicial process, (Part II) will discuss the " inadvertence" weapons or evidence within the ar• without prior approval by judge or mag• and "immediately apparent" limitations restee's immediate control. Since Chi• istrate, are per se unreasonable under of the rule. mel v. California, 12 decided by the U.S. the Fourth Amendment-subject only Supreme Court in 1969, the area which Prior Valid Intrusion to a few specifically established and may properly be searched incident to well-delineated exceptions." 5 The requirement that a plain view an arrest is limited to the area within Justice Stewart then proceeded to seizure follow a prior valid intrusion is the reach, or as it is sometimes ex• set forth the three conditions or limita• the least controversial, and hence, the pressed, the "grabbing distance" of tions of the doctrine. least litigated aspect of the plain view the arrestee. 13 The plain view doctrine 1. There must be a prior lawful doctrine. Nonetheless, establishment may not be used to expand the area of intrusion which brings the officer within of this element is absolutely critical to the search incident to the arrest. How• plain view of the item. proper application of the principle. ever, both Coolidge and subsequent 2. The discovery of the item must Federal and State courts have State and lower Federal court cases be "inadvertent." recognized a variety of different cir• have recognized that if officers come 3. The item seized must be "im• cumstances which may satisfy this within plain view of evidence in the mediately apparent" as contraband or element. course of a properly limited search inci• evidence of a crime. Officers may be present to ex• dent to an arrest, but outside the area Applying these limitations to the ecute a search warrant for specified of permissible search incident to ar• seizure and subsequent search of Coo• items. If, during the course of the rest, they also may seize those items. 14 lidge's automobile, the Court found search for the items named in the Put simply, although plain view can that although the officers were lawfully search warrant, the officers inadvert• never expand the area of search, it ently come within plain view of other may expand the area from which items evidence which is immediately recog• may properly be seized. nizable as such, these items may prop• erly be seized. 7 A typical example is provided in United States v. Truitt, B

September 1979 / 29 "If officers come within plain view of items immediately recognizable as evidence in the course of a justified and properly limited protective sweep, they may seize such items."

Both Federal and State courts Similarly, courts have upheld sei• may satisfy the lawful prior intrusion have recognized that in addition to a zure of evidence found in plain view requirement, so that an item inadvert• careful search of the area within ar• when the officer accompanied the ar• ently discovered in plain view may restee's immediate control, discussed restee into another room to allow him properly be seized.24 above, a cursory examination of the to dress, 20 or where the officer ob• Caretaking-type searches of prop• entire premises may under certain cir• tained clothes for the suspect when it erly impounded vehicles have also pro• cumstances be justified at the time of, would have been unreasonable for po• vided a basis for valid plain view or immediately following, a valid arrest. lice to remove the defendant from the seizures. In a case which predated This limited search is generally permit• premises in his then state of attire. 21 Coolidge and is cited in that opinion, ted only for the protection of arresting Additionally, the U.S. Supreme the Supreme Court dealt with just such officers and only justified when there is Court and lower Federal and State a situation. In Harris v. United States,25 some reasonable suspicion or belief courts have established that evidence decided in 1968, the defendant was that the officers' safety is impaired by inadvertently found in plain view upon arrested on a robbery charge. The the presence of others in the house. 15 "hot pursuit" of a suspect into private automobile he was entering at the time The search, often referred to as a premises is properly seizaQle.22 In con• of his arrest was impounded. Pursuant " protective sweep," is limited to look• trast to the limited scope of a search to police department procedures and ing in areas where a person might be incident to an arrest, a search of a also because it was beginning to rai n, concealed, and could not justify dwelling in a valid hot pursuit situation the arresting officer opened the door of searching areas such as drawers, may extend throughout the dwelling the car to roll up the windows and lock small cabinets, or other containers in and may justify searching in any place it. In the course of doing so he noticed which a person could not reasonably where the suspect could be hidden, an identification card lying on the floor• be expected to be found. If officers and if there is reason to believe he is board which bore the name of the come within plain view of items imme• armed, any place where a weapon victim of the robbery_ The Court, al• diately recognizable as evidence in the could be concealed until the point in though not discussing the plain view course of a justified and properly limit• time when the suspect is arrested. 23 doctrine, upheld the seizure of the card ed protective sweep, they may seize Again, the plain view doctrine does not on the basis that the officer was lawful• such items. 16 An example of such a justify a broader search, but only ly present in the course of a reaso n• situation is provided by United States serves to validate a seizure of evi• able care-taking function and the v. Cravero. 17 In that case, officers had dence observed in plain view in the evidence that was unexpectedly ob• arrest warrants for three men for nar• course of the search authorized by the served in plain view could be seized. 26 cotics-related offenses and entered " hot pursuit" exception. Courts have also upheld plain view the premises of a third party to execute Finally, where the entry and seizures following emergency entries the arrest warrants. Following the ar• search is justified by any other recog• based on an officer's reasonable belief rest of two of the subjects, one of nized exception to the warrant require• that someone within the premises was whom was within reach of a loaded ment, this may serve as the basis of a in need of immediate assistance, 27 or pistol, the officers heard scuffling valid plain view seizure. Consent to to administer medical aid, 28 or to fight a sounds coming from an adjacent bath• enter private premises from an occu• fire in progress. 29 room. They immediately entered the pant, either to search or simply to talk, Even when authorities can esta b• bathroom and observed an individual lish that they have a valid reason to be attempting to dispose of cocaine in the present inside premises or a vehicle, shower stall. The seizure of the narcot• they are not entitled to seize anythi ng ics was upheld by the court as a valid that falls within their gaze. Two addi• " protective sweep" to " secure the im• tional limitations must be satisfied be• mediate area and to insure their own fore a valid plain view seizure can be physical safety." 18 Since the officers made: (1) The discovery must be "in• were properly within the bathroom and the narcotics were within their plain view, they were properly seizable. '9

30 / FBI Law Enforcement Bulletin " . . evidence inadvertently found in plain view upon 'hot pursuit' of a suspect into private premises is properly seizable."

advertent"; and (2) the item to be cert. denied, 415 U.S. 983 (1973); UnitedStatesv. Maude, " Id. at 417,418. 481 F. 2d 1062 (D.C. Cir. 1973). "Id. at 418. seized must be "immediately appar- '521 F. 2d 1174 (6th Cir. 1975). 20 United States v. DiStefano, supra note 11. ent" as contraband or evidence of a , Id. at 1176. " United States v. Titus, supra note 11. "United States V. Harper, 550 F. 2d 610 (10th Cir. " Warden v. Hayden, 387 U.S. 294 (1967); United crim e. These two requirements, estab- 1977), cert. denied, 434 U.S. 837; United States v. Boyer, States v. Santana, 427 U.S. 38 (1976); United States v. lished in Coolidge, will be discussed in 574 F. 2d 951 (8th Cir. 1978), cert. denied, 99 Sup. CI. 457. Flores, 540 F. 2d 432 (9th Cir. 1976). "Kerv. California, 374 U.S. 23, 43 (1963); United " Warden v. Hayden, supra note 22, at 298­99. the conclusion of this article, to be States V. Titus, 445 F. 2d 577 (2d Cir. 1971). cert. denied, " United States v. Griffin, 530 F.2d 739 (7th Cir. 404 U.S. 957; United States V. DiStefano, 555 F. 2d 1094 1976); United States v. Brown, 540 F. 2d 1048 (10th Cir. published in the next issue of the FBI (2d Cir. 1977); State V. Vineyard, 497 S.w. 2d 821 (Mo. CI. 1976), cert. denied, 429 U.S. 1100 (1977). Law Enforcement Bulletin. fBI App.1973). 25 Supra note 4. "395 U.S. 752 (1969). " Id. at 236. Also see United States V. McCambridge, "Id. at 763. 551 F. 2d 865 (1st Cir. 1977) (Officer entering properly 14 Coolidge v. New Hampshire, supra note 1; Kerv. impounded vehicle to secure it saw barrel of sawed­off gun Footnotes California, supra note 11; United States V. Harper, supra protruding from under seat; seizure was justified under '403 U.S. 443 (1971). note 10; United States V. Boyer, supra note 10. plain view doctrine) and United States V. Variano, 550 F. , Id. at 453. "Guidiv. Superior Court, 513 P. 2d 908 (Calif. 1973) 2d 1330 (2d Cir. 1977), cert. denied, 434 U.S. 892 (Officer 'Id. at 464. and State V. Toliver, 487 P. 2d 264 (Wash. CI. App. 1971) driving impounded auto could properly seize gambling •Harris V. United States, 390 U.S. 234 (1968) (Per are typical cases. For a detailed discussion of this theory records in plain view). Curiam). see "The Protective Sweep" by SA Donald J. McLaughlin, 27 United States V. Barone, 330 F. 2d 543 (2d Cir. •Coolidge, supra note I, at 454­55, quoting from Katz published in the August 1974 issue of the FBI Law 1964), cert. denied, 377 U.S. 1004 (Police officer who V. United States, 389 U.S. 347 (1967). Legal Enforcement Bulletin. heard screams from apartment properly demanded entry commentators, and occasionally courts, have questioned "United States v. Broomfield, 336 F. Supp. 179 (E.D., and could seize narcotics in plain view). whether the portion of the Coolidge opinion which deals Mich. 1972); People V. Block, 499 P. 2d 961 (Calif. 1971); " United States V. Brand, 556 F. 2d 1312 (5th Cir. .;th the plain view doctrine is binding as authority, State V. Vineyard, supra note 11; Guidi V. Superior Court, 1977), cert. denied, 434 U.S. 1063 (1978), pet. reh. denied, because only four of the nine Justices joined in this portion supra note 15; United States V. Cravero, 545 F. 2d 406 (5th 435 U.S. 961 (1978) (Police officer entered with medical 01 the opinion. However, practically all courts have Cir. 1976), cert. denied, 429 U.S. 1100 (1977); United personnel to treat drug overdose victim, narcotics in plain accepted Justice Stewart's formulation of the doctrine. States V. Bowdach, 561 F. 2d 1160 (5th Cir. 1977). view could be seized). See, Comment, "Plain View"-Anything But Plain: " Cravero, supra note 16. It should be noted that the " Michigan V. Tyler, 436 U.S. 499 (1978) (Entry to Coolidge Divides the Lower Courts, 7 Loyola of L.A. L. Court held that the initial entry into the house of the third fight fire and determine cause, boltles of flammable liquid Rev. 489, 508; Moylan, The Plain View Doctrine: party was improper because the Court felt an arrest should found in plain view and seized were admissible). Unexpected Chifd of the Great "Search Incident" not be made in the residence of a third party absent Geography8att/e, 26 Mercer L. Rev. 1047, 1048­49. "exigent circumstances" requiring immediate action, which • Supra note I, at 472­473. the Court failed to find in this case. However, the Court 'Coolidge, supra note I, at 465; Stanley V. Georgia, upheld the arrests as lawful, and therefore, found the 394 U.S. 557, 571 (Stewart, J. concurring in result); also officers were lawfully present at the time they heard the see, United States V. Pacelli; 470 F. 2d 67 (2d Cir. 1972), noises from the bathroom.

COMMUNICATIONS The Law Enforcement Standards phone interfaces, The advantages and SYSTEMS Laboratory (LESL) at the National Bu- disadvantages of computer­aided dis- reau of Standards has prepared a patch centers, the 911 public calling GUIDE Communications Systems Guide, The system, emergency medical service, guide is intended primarily as an aid to digital equipment, automatic vehicle lo- local police, fire, and ambulance de- cation, voice privacy, and other com- partments interested in providing bet- munication aspects are examined, Also ter services to the public through the addressed are cost considerations and selection and use of more elaborate equipment purchasing_ and sophisticated communications The Communications Systems systems_ Guide (NBS S,P. 480­12) costs $1.60 Described in the guide are sys- per copy and can be ordered from the tems and their principal components, Superintendent of Documents, U,S, such as transceivers, antennas and Government Printing Office, Washing- combiners, control consoles, power ton, D,C. 20402_ Order by stock num- sources, standard interfaces, and tele- ber 003­003­02012­5_ fBI

September 1979 / 31 RBYTHE ~1BI • ~

Photograph taken 1977 or 1978

William Michael McCandless Description Caution William Michael McCandless, also Age ...... 33, born August 17, McCandless should be consider known as William Michael Rhodes and 1946, at Paducah, armed and dangerous. Mike McCandless. Ky. (not supported by birth records). Notify the FBI Wanted For: Height ...... 5'9". Any person having informati Racketeer Influenced and Corrupt Weight ...... 135 to 150 pounds. which might assist in locating this fu Organizations; Interstate Transporta- Build ...... Slim. tive is requested to notify immediat tion of Stolen Property. the Director of the Federal Bureau Hair ...... Brown. Investigation, U.S. Department of Ju The Crime Eyes ...... Blue. tiee, Washington, D.C. 20535, or t William Michael McCandless, who Complexion ...... Medium. Special Agent in Charge of the neare has threatened bodily harm and arson Race ...... White. FBI field office, the telephone numb to witnesses and their families, is being Nationality ...... American. of which appears on the first page most local directories. sought in connection with the major Occupations ...... Swimming pool con- theft of heavy farm equipment. struction and mainte- Classification Data: A Federal warrant was issued for nance employee. his arrest on May 17, 1978, at Nash- NCIC Classification: Remarks ...... Has been closely as- ville, Tenn. P05614C021 PI60142 21 sociated with race horses and race Fingerprint classification: tracks in the past. 6 0 13 R 100 21 Ref: 5 Social Security 17 R 000 17 No. used ...... 348­42­1757. FBI No ...... 764 064 R9.

Right thumb print.

U. S . GOVERNMENT PRINT ING OFFI CE: 19 79 0 ~ 297-371 32 / FBI Law Enforcement Bulletin Change of ~ORCEMENT Address rBI BULLETIN Not an order form

Complete this form and return to: Name

Director Title Federal Bureau of Investigation Address Washington, D.C. 20535

City State Zip

CIGARETTE LIGHTER PISTOL Concealed lethal weapons are a constant threat to law enforcement of• ficers. Recently, a weapon falling with• in this category, a cigarette lighter converted into a .22-caliber single-shot pistol, was turned over to the Aurora, Colo., Police Department. This deadly instrument looks like any other lighter (see photographs). However, when the casing is removed the barrel swings out for breach load• ing. It may fire either a .22-short or .22• long bullet. When cocked for firing, a trigger protrudes above the flame guard about one-fourth inch. Law enforcement officers should be alert for such a weapon when searching a suspect-particularly in a "pat-down" for weapons. United States Department of Justice Postage and Fees Paid Federal Bureau of Investigation Federal Bureau of Investigation Washington, D.C. 20535 JUS­432

U.S.MAll Official Business Controlled Circulation Rate ® Penalty for Private Use $300 Address Correction Requested

Interesting Pattern This pattern presents no problem as to classification. It illustrates the minimum requirements for a whorl• two deltas and a recurve in front of each. It is classified as a plain whorl with a meeting tracing.