(/J t t7'Vt"'-"-'~ ~r Law Enforcement Bulletin

JANUARY 1977

Federal Bureau of Investigation Clarence M. Kelley, Director Law Enforcement Bullet; i

CONTENTS MESSAGE FROM THE DIRECTOR ". . . much can be done to more knowl• edgeably and effectively handle those victim• ized by crime and insure that we are sufficiently responsive to their needs."

JANUARY 1977 THE "10-8" SHOW: A SUCCESSFUL POLICE INFORMATION VENTURE, by Arthur J. Brighton, VOL. 46, NO. 1 Jr., Community Relations Unit, Police Division, Hampton, Va. 3

POLICE PERSONAL PROBLEMS-PRACTICAL CON• SIDERATIONS FOR ADMINISTRATORS by Howard D. Teten and John W. Minderman, Special Agents, Federal Bureau of Investigation, Washington, D.C. 8

HELICOPTER RAPPELLING IN lAW ENFORCE• MENT, by David J. Kriskovich, Special Agent, Federal Bureau of Investigation, Washington, D.C. 16

"A MORE BALANCED CORRECTIONS PHI• LOSOPHY," by Hon. Norman A. Carlson, Director, Federal Bureau of Prisons, U.S. De• partment of Justice, Washington, D.C. 22

CONSENT SEARCH AND THE ASSUMPTION OF RISK, by Donald J. McLaughlin, Special Agent, Federal Bureau of Investigation, Washington, D.C. 26

$50,000 SURVIVORS' BENEFITS AUTHORIZED IF Published by the OFFICER KILLED IN LINE OF DUTY 31 FEDERAL BUREAU of INVESTIGATION WANTED BY THE FBI 32 THE COVER

UNITED STATES DEPARTMENT of JUSTICE The photograph on this month's cover captures in dramatic fashion a highly Washington, D.C. 20535 innovative and useful law enforcement technique, helicopter rappelling. See related article beginning on page 16 of this issue. IN SEEKING TO BETTER U DERSTAND and more role of the victim in the solution of cases also effectively cope with crime, a consideration of clearly warrants a special concern by the con• its victims is of critical importance. tacting officer. Indeed, a recent study involving The plight of this growing legion of victims a number of serious offenses indicated that in represents not only a profoundly tragic aspect more than half of those cases solved, the police of our Nation's crime problem but a highly crit• learned of the identity of the suspects through ical challenge in our administration of criminal victim reports. In many such instances, a co• justice. Unfortunately, statistical data barely operative attitude on the part of the victim and a willingness to provide needed information may suggest the shocking magnitude of crime's impact largely hinge on the manner in which the officer upon our populace. We can only surmise-and feebly at that-something of the awesome toll in has handled the contact. individual suffering and personal loss that crime The importance of this victim cooperation exacts from our society. It is, however, in these extends beyond the successful solution and terms of victimization that the full extent and prosecution of the cases themselves. Detailed implications of lawlessness must ultimately be information regarding a crime-information assessed. that the victim alone is able to furnish-provides Although the police profession has generally a valuable basis for analyzing and countering endeavored to render prompt and considerate incidents of a similar nature. treatment to crime victims, much can be done to In order to provide the fullest measure of more knowledgeably and effectively handle those service to crime victims, appropriate personnel victimized by crime and insure that we are suffi• should be cognizant of whatever social services ciently responsive to their needs. and community rehabilitation programs might In dealing with the victims of crime, partic• be of additional aid. In those States where vic• ularly in those instances where violence has tims are entitled to compensation in relation to occurred, the police officer should be prepared certain crimes, officers should be aware of these to exhibit, among other profe sional attributes, benefits and the procedures under which they a high degree of sensitivity, compassion, and may be obtained. As a further means of im• interviewing skills. The welfare of the victim is, proving police service to those victimized by of course, a foremost consideration, and in this crime, many agencies have developed special regard, care should be taken by the contacting squads, often comprised of policewomen, to officer to avoid needlessly adding to the traumatic deal with offenses involving women and young effects of the crime experience. The often crucial children. MESSAGE

It is encouraging to find that in some jurisdic• One of the great traditions of our Nation's tions the courts have by streamlining the judi• judicial system has been to zealously protect the cial process eased the burden on victims rights and privileges of the criminally accused. in connection with prosecutive action. Note• Let us also do our utmost to insure that our worthy, too, has been the increasing number of administration of criminal justice is equally victims who have instituted civil actions against distinguished by a concern for the welfare of offenders. those innocently victimized by crime.

CLARENCE M. KELLEY JANUARY 1, 1977 Director THE "10_8 u SHOW A Successful Police Information Venture

By ARTHUR J. BRIGHTON, JR. Community Relations Unit Police Division Hampton, Va.

Hampton, Va., is a community of half­hour television programs relating approximately 133,000 citizens situ- to law enforcement and the com- ated in the tidewater area of south- munity. "The project's purpose is eastern Virginia. Primary police serv- threefold," explains Hampton's Chief ice for this community is provided by of Police, P. G. Minetti. "First, we the Hampton Police Division with a hope to enlighten the community to complement of 174 officers. our problems, so they can be more The leadership of the Hampton Po- fully aware of the legal and com- lice Division recognizes that a lawen- munity service difficulties with which forcement agency is only as effective we are constantly confronted. Second, as the support it receives from the we believe it is important for the citi- community it serves. Without both the zens to understand our operational tacit and active support of the citi- procedure, thus permitting them to zenry, the maintenance of peace, make more efficient use of our serv- order, and security would be an al- ices. Finally, and perhaps most im- most impossible task. "The combining of portantly, we offer programs detail- With this in mind, the Hampton expertise in t.wo fields• ing various aspects of crime preven- Police Division, in cooperation with law enforcement and tele• tion, realizing that the most successful Warner Cable Television of Hamp- vision communications• crime deterrent projects are those in ton, has been involved in a project of has proved beneficial to which members of the community preparing and presenting a series of both." willingly participate."

January 1977 3 The program's title, "10-8," was prepared were produced, written, and selected as the show is a serious effort directed by members of the police di• to provide a very important service to vision, with capable technical assist• the community. "10-8" is, of course, ance from members of the cablevision standard police radio code signifying staff. The cable station makes its studio that an officer or unit is "in service." and processing rooms available, while police officers and other volunteers Public Service Time Donated perform the necessary acting duties. The resulting programs are thereby Communicating crime prevention techniques and other important in• "The listening audience formation to the public has always for the '10-8' program is estimated at 20,000-25,000 "Programs in the series persons and includes view• ••• were produced, written, ers in both Hampton and and directed by members Newport News." of the police division, with Chief P. G. Minelli capable technical assistance produced with a minimal amount of from members oj the cable• set, the station manager expressed expense. The listening audience for the vision staff." considerable enthusiasm and interest "10-8" program is estimated at in cooperating. He offered to donate 20,000-25,000 persons and includes been a basic mission of the Hampton at least a half-hour of air time weekly, viewers in both Hampton and New• Police Division's Community Rela• as a public service, and to provide port ews. tions Unit (CRU), but, as with most the necessary technical assistance to The combining of expertise in two municipal governments, activities of prerecord the program on video tape. fields-law enforcement and televi• this nature are limited due to various This cable TV station is part of a sep• sion communications-has proved monetary constraints. With this arate network providing varied pro• beneficial to both. Members of the thought in mind, the commander of graming to residents of private homes, Community Relations Unit, who pro• the CRU visited the local cable tele• and other interested viewers, for a vide much of the support for the vision station in an attempt to solicit monthly fee. project, have applied their new-found assistance and support. From the out- Programs in the series subsequently experience in preparing other pro-

The "bucket truck" provided an aerial view at video-taping scene.

4 FBI Law Enforcement Bulletin The chase scene for the drunk driver show ended on a dead-end street. grams designed for use in the com• selected, finite planning began in ing and related preparations. munity, and the television network earnest. The scripts were not written The programs have depicted a personnel have become more knowl• verbatim, but instead, a fully devel• variety of operations, problems, and edgeable and appreciative of the oped outline was formulated to steer procedures in the law enforcement operations of local law enforcement. the course of "conversation" pro• spectrum. A large number of the shows The first programs prepared were grams or, during dramatic presenta• stressed the trials and tribulations aired in mid-1975 with an 8 p.m. tions, to provide a framework in which Hampton police officers experience by evening showing on one weeknight reenacting actual events or incidents. and a repeat showing on the following "The programs have de• These are filmed at locations through• Saturday morning. This schedule was picted a variety of opera• out the city thereby helping the view• followed through the spring of 1976 tions, problems, and proce• ers to realistically relate to the cir• following which the program was dis• dures in the law enforce• cumstances by developing a sense of continued for the summer. New pro• nlent spectruln." being "on the scene." grams were prepared for fall 1976 Handling everyday police problems scheduling. the actors could appropriately ad-lib such as drunk drivers or irate citizens their lines. has been emphasized in several pro• Program Preparation Police officers selected to play act• grams. ing roles are all amateurs who have Many times, logistical considera• The 3D-minute episodes required a shown an ability to speak confidently tions and situational developments varying degree of preparation. The and naturally when "on camera" and restricted the flexibility of the produc• "action-type" shows in the series de• to render credible performances in tion process. As an example, the tap• manded the most planning while the staged situations. Due to the regular ing of one show depicted the process• "conversation" format shows, set in a filming of episodes, those selected also ing of a drunk driver from the time of tudio, required the least. Once the had to be assigned to shifts where they arrest to the defendant's appearance topic for the week's program was would be available for necessary film• in court. A dead-end city street was

January 1977 5 used to film the stopping and subse• Jom them" provided the key to the patrol car at police headquarters with quent "arrest" of the driver of the solution. The actors were called back an "arrested shoplifter," the officer un• vehicle. Curious passers-by stopped to to dub over a 5-second portion of the expectedly experienced considerable watch the "action," and in a relatively tape. The first police officer queried difficulty in getting his car door open! Needless to say, this was one of the few short period of time, a traffic tieup the second officer, "Do you hear times it became necessary to retake a began to develop. It was decided to music?" to which the second officer filming segment. accept the first taping result as the replied, "Sure, it's coming from the final product since the only logical loudspeaker on top of the bank build• More Than One Purpose way to relieve the congestion in the ing across the street." Suddenly the re• area was to eliminate the cause-the verse effect was evident; the music was Most programs have more than one filming crew, the actors, and the flash• a justifiable part of the sequence; in purpose. A show about the crime of ing red lights. (In most "action" fact, it added more realism to the armed robbery explained the prob• scenes, efforts have been made to limit staged episode. lems the patrol officers and investigate taping to one session.) Many other shows in the series have ing detectives must surmount, then

The program devoted to the K-9 Corps required considerable logistical support and close coordination of elements involved.

Video-taping Surprises provided an insight into procedural instructed the viewers concerning operations of the division. These in• proper precautionary and response Only after returning to the studio to cluded the history and use of radar, measures to follow in connection with preview the day's work did it become an overview of the electronic com• armed robberies. It continued by ex• apparent that a local radio station had munications network, the function of plaining how these measures, if fol• somehow penetrated the audio record• the Special Operations (Tactical) lowed, would be harmonious with the ing equipment, resulting in unsolicited Unit, and efforts to counter the ever division's operating procedures. "rock and roll" tunes being audible present shoplifting problem. In one instance, a mini-series pro• as background music. Initially, it ap• During a taping sequence in the duced also provided long-term bene• peared as if the entire time-consuming shoplifting episode, an unanticipated fits for the Peninsula Alcohol Safety segment would have to be redone, until equipment malfunction occurred. As Action Project (ASAP). This project the old adage "if you can't beat them the police officer-actor arrived in a involves rehabilitation efforts for

6 FBI Law Enforcement Bulletin mony in the Hampton city council chambers.

Conclusion

The Hampton Police Division has been pleased with this valuable op· portunity to solicit the cooperation and support of the community through the medium of television. The results have been notable according to are· cent survey of cable TV customers. A majority of those polled indicated they either watch the series regularly or have viewed various programs in the past. The use of donated public service television time by a law enforcement agency to convey information to the community about crime problems, crime prevention measures, and police operations represents one important medium for keeping the public in· formed. If done in a realistic, inter· esting, and varied manner, such a The important function of trafflc control was highlighted in one of the programs. program can generate considerable community support for the local po• drivers with drinking problems who institutions whose access programing are referred by the local traffic court. was shown on cable channels," ex. lice, promote the undertaking of crime prevention measures, and assist in reo In connection with the "10-8" show, plained a NCT A news release, with the it was suggested that a filmed mini• "Hampton Police '10-8' Show" reo ducing many common police prob• lems. ijl series be prepared detailing the drink• ceiving top honors in the series cate· ing-driver problem. This suggestion was accepted and programs on this "The use of donated topic were prepared primarily for use public service television CRIMES CLEARED ~ with the weekly half-hour programs. time by a law enforcement The video tapes in this series were BY ARREST \ \ l agency to convey informa• 1975 \.) also edited and revised for use by the tion to the community about ASAP as a continuous educational crime problems, crime pre• In 1975, law enforcement agencies asset. vention 1neasures, and po• made an estimated 9.3 million arrests lice operations represents nationally for all criminal acts except Award Received one important medium traffic offenses-a 2.percent increase for keeping the public over the previous year. Persons under Interfacing of skills between repre• informed." 25 years of age made up 57 percent sented fields of expertise resulted in a of the total police arrests and male umber of high-quality programs be• gory of "News and Public Affairs." arrests outnumbered female arrests by 'ng produced. In fact, the armed rob• The winning plaque was presented to a margin of 5 to 1. Arrests of males ery episode was judged to be of such the local cable TV station at the and females under 18 increased 13 xcellence that it received an award NCTA's national con vention in Dal• percent from 1970 to 1975. When se· 'n recent national competition spon• las, Tex., in April J. 976. Later that rious crimes as a group are consid· ored by the National Cable Televi• month, the general manager of this ered, arrests of males, 1970-75, were ion Association (NCTA). Entries station presented Cb ief Minetti the up 30 percent and female arrests in• 'were solicited from individuals and award during a midmorning cere• creased 56 percent.

January 1977 7 Police Personal Problems- Practical Considerations for Administrators

By HOWARD D. TETEN and JOHN W. HINDERMAN Special Agents Federal Bureau of Investigation Washington, D.C.

Recently, there has been an increas• Medically, stress has been defined ing focus on the broad range of per• as "the rate of wear and tear on the sonal problems which plague the law body caused by living." 7 There are enforcement officer_These problem ment contain virtually no information several types of stress and not all are areas include cynicism, boredom, al• concerning the cause of police per• necessarily harmful. There is physical coholism, drugs, physical ailment, sonal problems or the methods of stress, such as when an individual is family discord and divorce, and sui• handling them. Indeed, most limit straining to touch his toes or jogging cide_ Such matters are, of course, not themselves to merely suggesting that the last half mile of his daily exercise new to the profession, but for many the administrator take such steps as routine. ThL is a healthy form of years, they were the type of thing that are necessary to insure a "proper atti• stress. Mental stress is involved each could not be discussed_ The idea that a tude" or esprit de corps among his time we attempt to solve a problem police officer could not handle his own men.2 Fortunately, modern manage• or interpret a ituation and it too is personal problems was repugnant to ment is now taking a more realistic essential to our well-being. A third the image of law enforcement_ A great approach, and progress is being made type of stress, that of an emotional deal of duty time was (and is) taken in determining the source and extent type, is pre ent whenever we become up with the handling of interpersonal of this malady. angered or depressed or even when we crisis situations, and to admit that an Current research indicates that po• hope. Like the other types, it is not lice work is one of a number of high• officer couldn't solve his own prob• necessarily harmful. Only when the lems was to imply that he couldn't stress occupations. Stress has been stress becomes prolonged, when it is solve those of the public. Tradition• identified as a major cause of both allowed to accumulate, or when we ally, administrators addressed these mental and physical disorders. It is are unable to deal with it effectively problems with transfers, disciplinary linked to such diverse problems as in• does it cease to be healthful and bo• action, and in some cases, dismissa1. 1 dige tion, diarrhea, dermatitis, asth• However, such approaches are ex• ma, colitis, ulcers, back trouble, mi• come a problem. pensive and involve the loss of highly graine headaches, hypertension, Law enforcement is, of course, no trained veteran personnel which few strokes, and heart attacks.s Stress also the only field of endeavor affected b departments can afford. seems to be associated with alcohol• stress factors. With the present divorc The classic texts in police manage• ism,· divorce,5 and suicide.o rate over ·10 percent 8 and the alco

8 FBI Law Enforcement Bulletin holism rate at 8 percent, it is obvious made manifest in a consuming drive On graduating from the academy, that stress is a widespread afHiction.· for greater status or recognition. the recruit finds the actual duties of a One study indicates that as high as 40 However varied, the needs are there. police officer deviate considerably to 60 percent of the average doctor's They are constantly demanding satis• from those depicted in so many of the patients are actually suffering from faction and are always on the alert for police dramas that dominate so much some form of psychosomatic illness. to any situation which may threaten of today's television programing_ In In addition to all the sources of their present state of fulfillment.13 many instances, he may be ill-pre• stress found generally elsewhere, those This is a very sensitive area. In many pared to deal with the shock of a fickle faced by the police professional are respects, it is the Achilles' heel of man. public that demands law and order increased by the necessity of having Deliberate, calculated efforts designed and then condemns enforcement; that to maintain his role both on and off to thwart the satisfaction of one's applauds action taken one day and is duty. He is exposed to what he often• needs can be devastating to the indi• outraged by a similar activity the times perceives to be a constant vidual. This was ruthlessly demon• next; that hires him to protect them threat of violence.ll The awareness strated in North Korean prison camps and then instead of assisting him in I of this threat, combined with the with the treatment of some American his duties, watches him continuously knowledge that his actions are con• prisoners of war.14 for indications that he may become stantly being judged, produces an in• With these facts in mind, consider too efficient, that he may begin to in creased level of wariness and distrust. the newcomer to law enforcement. some way restrict their activities. In• This subconscious alertness does not Why did he choose law enforcement stead of acceptance, he may receive permit the total relaxation so neces• as a profession? What are his goals? ostracism; instead of gaining status, sary for emotional rejuvenation, COIl• Questions of this nature are asked of he may be treated as a scapegoat; in• tinued objectivity, or full concentra• virtually every recruit.15 Unfortunate• stead of receiving recognition, he may tion on family commitments. Thus, ly, little attention is usually paid to only be tolerated with guarded suspi• stress, or more accurately the cumula• his answer, unless, of course, his re• cion.17 The shock of these realities and tive effects of stress, appears to have sponse is extreme. such as an ex• these attitudes could tax anyone's had an important influence on the pressed desire to kill all criminals. His ability to function_ upsurge of personal problems facing answers are an important considera• In the average person, even the law enforcement today. tion, nonetheless, because in the last most severe stress can often be neu• To understand more fully the proc• analysis, all behavior has been found tralized by a comprehensive program ess by which stress operates, it is nec• to serve some purpose_ There is a rea• of recreation and relaxation. Under essary to examine man's psychological son, logical or illogical, known or un• these conditions, the individual is able needs. The majority of police admin• known, for each action. Each opera• to forget the job and become involved istrators today are, of course, fully tion the human organism performs is in a satisfying pastime. For the police aware of Abraham H. Maslow's well• an attempt to satisfy some require• officer though, this form of release is known hierarchy of needs.12 Most can ment. It is the thesis of this article that often closed. He is on duty 24 hours probably cite from memory the vari• the reasons for choosing law enforce• a day, and he is a man continually ous levels (In ascending order: phys• ment as a career usually fall into one committed to the job_ iological needs, needs for safety, or a combination of the following gen• The constant onslaught of the pres• needs for belongingness and love, eral groups: Help and protect the peo• sures brought about by role ambigu• needs for esteem, and needs for self• ple, pursue the criminal, become a ity, an unpredictable public, and the actualization and for various cogni• "somebody," and need a job. shock of reality, combined with a strict tive and esthetic goals). However, the The varying empbases and "need" set of image requirements, can strain challenge here is not knowledge but requirements implicit in each group• the individual's ability to adapt and application. While everyone has the ing are obvious_ Most imply a greater oftentimes he turns to his organization same needs, there is a great deal of than average need w the areas of ac• for emotional support. At this point, variation in what it takes to satisfy ceptance, status. and / or recognition.16 the process of retreating to a more them. People are thus forced to con• The particular combination of need secure position with the law enforce• centrate on those needs which to them requirements revealed above tends to ment family begins, along with its at• are most demanding. For some, this promote a greater Uan normal com• tendant loss of old friends and narrow• may mean constantly reassuring them• mitment, but at the same time, it may ing of viewpoints.18 The officer be• selves that they are accepted. For form the basis for most of today's per• comes to a great extent separate, iso• others, perhaps their requirements are sonal problems amOXlg police_ lated, a being functioning within, yet

January 1977 9 apart, from the community.19 Often less able to cope with their environ• sideration, it must also be conceded a cold cynicism begins to develop and ment. They are forced to accept the that it is theoretically possible for a with it the ability to isolate and repress fact that they will probably not significant reduction in stress to have emotions.20 A price is paid, however. achieve the fulfillment of their dreams, no effect whatsoever on the number of The suspicious attitudes and the newly or that they can no longer adapt to personal problems encountered. perceived realities of life often have changing values. They realize they are It can only be safely said that it serious implications in terms of the of• being pushed aside by younger officers would appear that the most probable ficer's outlook and homelife. 21 Usually whose philosophy they cannot under• cause of the unusually high number of the family is not prepared for such stand.26 As a result, they begin to ques• personal problems among law enforce• changes in attitude, the loss of old tion the need for their past sacrifices ment officers is job stress. Based on friends, or the off-duty time spent at and their service to the community.27 this fact, the fields of psychology, so• work or with other officers. The mari• Indeed, they begin to question what is ciology, physiology, and management tal relationship can become strained. right and what is wrong. Alcoholism, science, along with commonsense, can To further add to the problem, the suicide, and an increased potential for be combined to suggest possible officer almost invariably finds it neces• corruption are sometimes the result of guidelines for providing a more de• sary to maintain the police image be• this questioning. sirable atmosphere. Within this frame• fore his fellow officers, as well as be• For most, there is retirement. Here work, we will examine various fore the public. He must not voice too, however, is the possibility of un• considerations. his problems directly because, in at foreseen problems for the police offi• 1. Dispel Any Myths Concerning least some cases, his supervisors may cer. Like many individuals in other the Nature of the Law Enforcement interpret it as weakness, a condition professions who are totally committed Field Prior to Employment. that cannot be openly condoned_ 22 to a cause, the police officer may not 28 For some officers, psychological de• be able to enjoy his retirement. In Dr. George Gerbner of the Univer• fenses are not strong enough to af• most cases, he has not planned for it. sity of Pennsylvania, possibly the ford full protection, and they begin He has few friends outside his work, leading aUlhority on the psychological to develop psychosomatic ailments, and his former associate seldom stray effects of television, feels that in spite seek strength from the bottle, or at• outside the group even to visit old of reports to the contrary, what people tempt to gain reassurance by extra• friends. see on television does significantly in• marital conquests. Studies indicate fluence their attitudes and expecta• Potential Remedies that during the first years of service, tions. Dr. Gerbner comments that in the officers are in a constant struggle An attempt has been made to gen• the police-oriented programs dominat• to adjust to their new and hostile en• erally describe the manner in which ing prime-time television today: vironment. It is during this time that extraordinary stress affects the lawen• The symbols of authority are the marriage is most sorely tested and forcement officer. The process was de• almost unerringly successful and the officers tend to separate society liberately oversimplified. Clearly, of largely unblemished. The cop is guyS.2~ into either the good or the bad course, an unbelievably complex sys• the dominant authority figure Although there are many exceptions, tem of mechanisms is actually in• on television and he (sometimes, cynicism appears to reach its peak volved. It is also recognized that in though rarely, she) is always such matters we are dealing with an after 3 to 7 years of service and then victorious.29 begins to slowly decline, a signal that unknown number of possible inter• the officer has finally been able to vening variables. For example, it is This is the epitome of action ann cope successfully with these most dif• possible that those individuals who excitement. The gallant officer is ficult adjustments.H choose to enter police service are also feared and adored. Always victorious, Unfortunately, the struggle does not those who are more psychologically disdainful of danger, he stands ready end here. Most students of stress be• susceptible to the specific problems to protect and defend. Few can ques• lieve that each crisis leaves its scar encountered. On the other hand, it tion the attraction of such a life. and that eventually the organism's de• may be that the problems exist be• In reality, police work has little in fenses become less able to function ef• cause of the admittedly increased common with the evening television fectively.25 This certainly appears to variety of opportunities available to thriller. Unfortunately, such mis• be valid in the case of many older offi• any officer who might wish to take ad• conceotion ran and do contribute t cers_ These individuals, after many vantage of them. Based strictly on the feeling of dissatisfaction, depression years of distinguished service, become number of factors available for con• and frustration. Moreover, this is no

10 FBI Law Enforcement Bulletin the only manner in which the fledgling They are particularly effective in de• in the training academy and the fol• officer is misled. After several hours of veloping such skills as crime scene lowing probationary period.34 watching his television counterparts search and collection and preserva• It is during these periods that each being challenged by aggressive, intel. tion of physical evidence, as well as candidate should be most objectively ligent criminals, an increased fear that instilling a basic knowledge of legal evaluated. Extra care must also be ex• he himself might also be confronted codes and various investigative tech• ercised throughout the probationary by formidable opponents of this type niques. The academy experience has field training to reduce the effect of 30 can hardly be avoided. also been found to engender an atti• the "buddy system" which tends to Another aspect arises from the com• tude of solidarity and esprit de corps reduce negative peer evaluations.35 petence portrayed by the television among the students and instructors, Finally, and perhaps hardest of all, policeman. He is invariably successful, qualities which doubtless influence the those candidates who are found to be and the public expects the same from extremely low dropout rate in acad• less than clearly capable should be re• the officer on the street. While every• emies. leased. one intellectually knows the difference While solidarity and high morale The training academies should also between reality and television, the are most desirable, commonsense, give consideration to including comparisons are still made, and the however, dictates that everyone enter• courses on the types of personal prob• working officer is always the loser. ing a police training academy will not lems the recruit will most likely en• For these reasons, a preemployment make a good police officer. counter. At the present time, there is interview should be held with police In order to better insure that only a dearth of courses given to police applicants to indicate to them the true the best qualified trainees succeed, recruits which reveal the true nature of day-to-day activities and routine several things can he done. First, the police work and the manner in which duties of the job. All myths concern• academies must stop perpetuating the they and their families will be affected ing the degree of excitement, chal• myth that police W"ork constantly in• by this occupation. In the case of mar• lenge, physical danger, and daring volves fighting crilninals. Most calls ried trainees, the spouse too should be should be l"emoved. This procedure for service are not ~ elated to criminal carefully and completely briefed on will serve to reduce the amount of acts. As the National Advisory Com• the possible changes in attitudes and later dissatisfaction and, at the same mission on Produc tivity reported: viewpoints which may occur. time, assist in recruiting more mature individuals who are interested in the Services provided by the patrol 3. Devise a Debriefing System. profession as it exists. force that do not relate to inci• dents of crime Ox suspicious ac• The inability to anticipate with Why does a realistic job pre• tivities make up the large major• some degree of certainty the imme• view tend to produce more satis• ity of calls for service, often 70 diate future is a major cause of stress faction and lower turnover? The percent or more_ ... [PJolice and anxiety. Those who are unable to answer seems quite simple. Given departments put the most empha• tolerate inordinate amounts of stress accurate information, people are sis on crime-control activities and are well advised to seek employment in able to determine with some pre• stress crime control in their train• occupations where they can easily pre• cision whether particular job sit• ing program.32 dict not only what they will be doing uations will fit their needs and at any given time during the day, but abilities. Further, they develop Second, the academies must be• also the extent of any possible prob• realistic expectations about the come more discrimi21ating in their ap• lems which may be encountered.36 The nature of the job and disappoint• praisals of the candidates during the police officer cannot do this. The very ment is minimized. This helps recruit and probatio nary training pe• nature of his work consists largely of both the individual and the orga• riods. Departments. should consider waiting, being available, and being nization, since it reduces turn• accepting greater n.umbers of appli• prepared to deal with whatever may over and increases satisfaction.31 cants for training -with the expecta• occur. 2. Use the Performance Ratings at tion of losing a fair percentage of the It is true that an officer performs a the Training Academy and Probation• total. This is not an unreasonable ap• number of mundane, repetitive tasks ary Period to Weed Out AU but the proach and is most c ommon in indus• during his shift. However, the stress try.38 Most Promising Candidates. and anxiety are caused by the aware• Studies indicate U at the most reli• ness that at any moment he may be Police training academies have de• able predictors of fu ture job stress in required to deal effectively with an veloped rapidly over the last 20 years. law enforcement are "the ratings earned unknown number of extremely dan•

Janua ry 1977 11 gerous or unpleasant situations. That ment. However, careful, serious con• circle of friends and social activ• such a situation may not occur is of sideration should be given to some ities severely limited by their little consequence. It is the awarenes~ form of positive program which will work hours. Further, shift work that it could that produces the provide for a specific period of time intensifies home problems_ The tension. during which officers are encouraged officer's interaction with his chil• At the end of the working day, the to discuss the operations and events of dren is lessened; the wife must accumulated level of tension must be their tour of duty. manage two separate households, reduced in some way. Probably the one for herself and the kids and 4. Allow Little or No Rotating of most common technique is simply to one for her husband_ Overall, the Duty Shifts- discuss the events of the day. Through• disruption to homelife is a major factor in officers leaving the force out most of the work-a-day world, With the need to provide protection or in the development of marital people gather after work to talk over and service to a community on a 24• difficulties. 39 the events of the day. In essence, hour basis, law enforcement agencies friends, sweethearts, associates, and/ are faced with a dilemma_ Most indi• Authoritative texts on police admin• or members of the family function as viduals prefer to work during the day• istration agree that frequent rotation stress relievers by listening and shar• time hours. Administrators, in an at• is not advisable.40 To the highest de• ing their activities. This stress-reduc• tempt to satisfy everyone, often rotate gree possible, any rotation policy tion technique has been found so ef• the duty shifts on a regular basis. Over should be based strictly upon a thor• fective that it forms the basis of treat• the years, this technique has become ough knowledge of the stress factors ment in virtually every school of almost traditional in many depart• involved and sound participative man• psychotherapy. ments, and officers are required to agement techniques_ In addition, such While this technique is sound, there change shifts on schedules ranging policies should provide for easy, quick are nevertheless certain complications from as often as every 5 days to as exception for individual problems, surrounding its use by police officers_ little as once a year_ Other depart• needs, or emergencies. First, he is confronted with the gen• ments have no rotation policies. In• erally confidential nature of his work stead, a new officer is permanently as• 5. Allow Little or No Beat Rotation. and the possibility that any discus• signed to the "least desirable" duty Research suggests that beat assign• sions might be turned to gossip_ Sec• hours_ He then is rotated to the "more ments of patrol officers were at one ond, there is often a desire to protect desirable" shifts on the basis of senior• time semipermanent. With the advent loved ones from the harsh realities of ity_ of motorized patrol and for other the street. It is not at all uncommon The administrative advantages and reasons, the practice of rotating the for police officers, sooner or later, to di advantages of shift rotation is a beat as ignments on a regular basis become convinced that the only peo• topic worthy of considerable discus• has become widespread_ ple able to understand them are other sion. However, we are concerned pri• The practice of routine reassign• officers. An increasing isolation from marily with stress, and studies reveal ment of officers from one beat to an• friends, neighbors, and even family is that any change of eating habits, sleep• other is debatable. Although consider• likely. The officer begins to spend ing habits, or working conditions will able discussion could be devoted to more and more off-duty time either produce stress_ S8 While the degree of the various ramifications of this prac• "riding over" on the next duty shift stress directly attributable to shift tice, it is enough to know for the or relaxing in the company of other rotation may vary individually, it is purpo es of thi article that the chang• off-duty officers_ afe to say that it is significant. ing of beats causes stress.41 Not only It is time we acknowledged thi Hurrell and Kroes of the ational is the learning of a new beat stressful, need to be debriefed and make provi• In titute for Occupational afety and but the merchants and residents of ions to satisfy it,31 It is time also that Health relate shift work directly to po• an area are strangers to the newly as• the officer's family be made aware of lice personal problems. this need in order that there be no signed officer. Individuals who are misinterpretation of the reasons for Shift working first of all, pro• strangers are unknown quantities. As the extra time devoted to fulfilling it. fOllndly affects an individual's such, while not necessarily a direct This article can offer no specific homelife. This is especially true source of stress, they cannot be techniques that meet all situations. for individuals who work rotat• counted on to offer the degree of sup• Solutions must obviously vary with ing schedules. Both married and port and acceptance normally pro• both the size and needs of the depart• single individuals may find their vided by citizens known to the officer.

12 FBI Law Enforcement Bulletin 6. Discourage Constant Rotation and tunnel vision he describes normal• tained not only that it took training to of Supervisors. ly begin to reverse themselves after be an effective supervisor, but also Constant rotation of supervisors several years. However, there are in• that management should be a separate should, if possible, be avoided. While dications that some officers continue profession.46 Nevertheless, the attitude there are advantages to some rotation, to become more and more cynical and, persists and far too often prevails that the need of the officer to adjust con. if the process is not in some way in• if an individual is a "good worker," stantly to each field commander's pre• terrupted, they ultimately reach the he will be a good supervisor. ferred methods and idiosyncrasies is a point where their ability to inter• Within the law enforcement profes• considerable source of tension and pret a situation objectively may be sion, promotion to supervisor is one significantly impaired. anxiety. It is not that the officers can• of the most common methods of re• not work for any supervisor or that Some research implies this process warding the officer for years of service they will not do their best, they will. It reaches its peak somewhere between 7 and devotion to duty. nfortunately, 45 is simply that any change in working and 10 years' service. The reasons being a good patrolman does not in• conditions causes stress, and stress for this phenomenon are by no means sure development of the necessary increases the rate of mental and physi• fully understood, and until such time abilities to be a good supervisor. cal wear and tear on them.42 as the causes are known, we must con• tent ourselves with a generalized The new supervisor cannot rely One other negative aspect of super• on the skill or knowledge of his visory rotation is the fact that it re• "shotgun-type" approach to preven• tion and treatment. A logical approach former work to help him solve the duces the supervisor's efficiency. many new problems facing him. Among other things, the supervisor's appears to be in retraining which hopefully involves a curriculum de• No matter how skilled a me• need to know those who work for him chanic he was, no matter how is significantly and adversely affected signed to not only keep the individual abreast of developments in his field good an accountant, no matter by such changes. For a conscientious how much law or science he man, this is too stressful. but, at the same time, to provide him with some insight concerning the might know, he is not therefore 7. Require Complete Retraining problems associated with this phenom• automatically able to supervise After 5 Years. enon. peopleY A supervisor's job is the structuring One of the most accepted methods 8. Train Supervisors to Know and maintenance of an effective, re• of reducing stress is to equip the in. Needs, Recognize Problems, and Ini• sponsible, and concerned staff. For dividual with the skills and knowledge tiate Remedial Actions. the new supervisor, this is a different to handle any foreseeable situation. world. When he has had no experi• After the law enforcement officer has There are in reality probably as ence or training in supervisory skills, acquired several years of experience, many theories of supervision as there the results are often quite predict• it becomes necessary for him to reo are supervisors. Even the classical able-significantly increased stress examine his present methods and to concepts of supervision, leadership, for both him and his men. Far from be briefed on new developments in management, and administration are being a reward, removing a man from the field. As previously indicated, numerous and complex. Volumes have a job he knows and placing him in a there often comes after several years been written on such approaches as job for which he has not been trained, of service, a tendency toward isolation scientific management, participatory creates an emotional hardship. and cynicism which may hamper the management, the managerial grid, and This situation is unnecessary and officer's ability to remain objective management by objectives. Yet in avoidable. Future supervisors must be and enthusiastic.43 This appears to spite of this array of techniques, the chosen on the basis of leadership and result from a combination of circum• idea persists that the business of su• management potential rather than on stances. pervision and management is not irrelevant past job performance. Once Dr. Martin Reiser, a psychologist particularly complicated. Nothing chosen, they must be carefully and ex• with the Los Angeles, Calif., Police could be further from the truth. Early tensively trained in the theory and Department, has described the psy• students of leadership and adminis• practice of their new profession. They chological reactions of the new of• tration quickly recognized the com• should receive no less training in the ficers when they are first confronted plex nature of this field. Henri Fayol, art of supervision than the recruit re• with the shock of reality.44 The in• considered by many to be the "father" ceives in the art of law enforcement. creased isolation, changed viewpoints, of modern management theory, main• Nothing less will do. January 1977 13 In a very real sense, the supervisor other way" can be disastrous not only primary resource is the police officer. is the most important man in the for the health of the individual and He is the indispensable key to the organization. With him rests the suc• the agency but from the standpoint system and any reduction in his ef• cess or failure of the entire effort. Not of actual legal responsibility for the fectiveness will have profoundly ad• only does he provide the actual leader• possible consequences. 50 verse effects on the system. ship and direction, but in the words of It is time we arrange our priorities Rensis Likert: 9. Provide and Encourage Con• according to what is most important. fidential Access to Family and Per• As in any other organization, our first He is a communication link sonal Health Agencies Outside the concern must be for the maintenance downward in serving as the chan• Department. of our primary asset. Without healthy, nel for flow of information on adjusted, and properly motivated per• goals and objectives, as the dis• It is the manager's responsibility sonnel, there can be no hope of achiev• seminator of policies and prac• and du;,y to recognize and initiate ing full utilization of their talents. ij) tices, and as the interpreter of remedial action whenever necessary, change. He also serves as the just as it is the training officer's job chief channel for upward com• to insure that every man is adequately FOOTNOTES

munication. Through him, the trained to perform his work. In the 1 Robert B. Kliesmet, "Job Stren tn Policing," needs, goals, and feelings of his same sense, to fulfill his responsibil• The Shield and Star (Milwaukee, Wis.: Th. Mil· waukee Police Brotherhood, Spring 1975). p. 2. subordinates are transmitted to ities, the manager, like the training ~ International City Managers Association, Munici• upper echelons. 48 officer, needs the consent, backing, pal Police Admini$lrDtion (6th ed.; Washington, D.C. t International City Managers AllociatioD, 1969). pD and active support of everyone in the 190-191. It is vital that the supervisor know organization. Surprisingly, this is not 3 U.S. Department of Health, Education. and WeI· the underlying needs of his staff. Fur• fare, Work in America: A. Report 01 the Special TtJJH as simple as it would seem. There are Force to the Secretary oj the Department 0/ Health, ther, he must be prepared and willing many who, for one reason or another, Education, and Wellare (Cambridge, M.... : MIT to deal with the personal problems of Press, 1973), pp. 76-92. actively or passively resist attempts to 'Leon Di.hlaco ff, "The Drinking Cop," The Police his people. Dr. Reiser contends: provide channels through which per• Chiel (January 1976). p. 36. sonal help can be made available. This (5 James A. Dumer, Mark A. Kroeker, ChaIle. R. The effective supervisor has a Miller, and WitHam R. Reynold., "Divorce-Another may perhaps often result from a sub• Occupational Hazard," The Police Chief (November legitimate and necessary role in conscious threat to the masculine 1975), p. 48. counseling. He is involved to 6 Michael F. Heiman, tiThe Police Suicide," Journal image implicit in accepting the fact 01 Police Science and Administration, vol. 3, No.3, some degree with the problems of that such help is needed.51 Whatever p.273. his men whether he likes it or 1 Metropolitan Life Insurance, Streu CJnd Your the obstacles, they must be overcome. Health (1972). p. 3. not. . . . Denying them or turn• Complete cooperation must be en• 8 Arthur J. Norton and Paul C. Glick, "Marital ing away from them doesn't aid Instability: Past, Present and Future," The Journal gendered. In many cases, personal 01 Social 1"u.., vol. 32. (No. I, 1976), p. 8. 49 in handling the problems. problems can be handled confiden• ; Kevin Kane, "The Corporate Responsibility in the Area of Alcoholism," Personnel Journal, vol. 54, tially by specially trained personnel "To the highest degree No.7 (July 1975), p. 380. or peer boards within the confines of 10 Walter T. Coville, Timothy W. Costello, and possible, any rotation policy Fabian L. Rourke. Abnormal PsychololY (New York, the department. With the more serious should be based strictly N.Y.: Barnes «< Noble, Inc., 1971). p. 91. problems, however, it is necessary 11 George Kirkham, HA Professor', Street Lelsons," upon a thorough knowledge FBI Law Enforcement Bulletin, Federal Bureau of In · that professional help be available of the stress factors involved vestigation (March 1974), p. 6. outside the department and away from 12 Abraham Mallow, "The Study of Man at Hi. and sound participative Best," in Behavioral Science Concepts and Manale. management techniques." the governmental community.52 In ment Application by the Conference Board (New either case, absolute confidentiality York, N.Y.: The Conference Board. Inc., 1969). p.16. The supervisor is in the "people" must be maintained. It is mandatory 13 Ibid., pp. 17-18. business, and he must deal with "peo• that those seeking help be protected 16 Edgar H. Schein, I. Schnieder, and C. H. Barker, Coercive PU3uasion, Quoted by James C. Coleman in ple problems." He should be able to against criticism and distrust.53 Abnormal Psycho/OlY and Modern Lile (Glenview, handle these problems as decisively III. : Scott Fore.man «< Co .• 1976), pp. 21(}-21l. 15 Thomn AdamI, Law Enforcement: An Introduc· as the patrol officer handles his duties. Conclusion tion to the Police Role (Englewood Cliffs, N.J.: Pren· Moreover, as is the case with the tic. Hall, 1968), p. 24. 18 Martin Reiaer, Practical P3ychololY for Police patrolman, once a problem becomes Every trade and business systemati. Officers (Springfield, III .: Charl.s C. Thoma., 1973), apparent, he must deal with it im• cally preserves its most precious p. 1. See allo Harvey Schlol.berg, Psychology with a Gun (New York, N.Y.: Coward, McCann, and mediately. Any tendency to "look the resources. In law enforcement, the Geoghegan, 1974), p. 201 and Kirkham, p. 9.

14 FBI Law Enforcement Bulletin 11 Tom Denyer. Robert Callender, and Dennla "Reiser, PJychology. p. 17. nal 01 Police Science and Administration, vol. 3. Thomplon, "The Policeman II Alienated Labor," .. Niederholler. pp. 105-106. See alao Ros. Mullaney. No.3 (1975). Journal 01 Police Science and Admini8tration, "01. 3, "Interview. and Interrogations" (Unpublished reo Dishlacofl, Leon. "The Drinking Cop." The Police No.3 (1975). p. 254. learch paper. North Central Texas Regional Police Chiel (January 1976). 18 Martin Reiaer, HOrlanizational Strellel on Po- Training Academy. Arlington. Tex.• 1976). and llana Durner, James A.; Kroeker, Mark D.; Miller. Charlet licemen." lournal 01 Police Science and Admin• Hadar, Chart No.8. R. i and Reynolds, William R. "Divorce­Another istration," vol. 2, No.2 (1974), p. 158. 40 Claude J . George. The History 01 Management Occupational Hazard." The Polic; Chiel (N~vem. 1.0 Jerome Skolnick, lustice Without Trial: Law Thoulht (Englewood Cliil •• N.J.: Prentice Hall. 1968). ber 1975) . En/orcement in a Democratic Community (New York, pp. 105-111. Heiman, Michael F., uThe Police Suicide." lournal N.Y.: John Wiley «< Sona. Inc •• 1967). p. 49. '1 William Van DersaI, The Succeulul SuperviJor 01 Police Science and Administration, vol. 3, No.3 .. Arthur Niederholler. Behind the Shield (New (New York. N.Y.: Harper «< Row. 1968). p. 16. (1975). York. N.Y.: Doubleday Anchor Books. 1969). pp. 99• n Harold M. F. Rush. Behavioral Science Concept. Kane, Kevin. "The Corporate Responsibility in the 108. and Management Application (New York, N.Y. : The Area of Alcoholism." Personnel Journal. vol. 54, 21 John Stratton, "Preasures in Law Enforcement Conler.nce Board. 1969). p. 32. No.7 (July 1975). Marriasel," The Police Chiel (November 1975), ,. Reiser. Psycholo,y. p. 71. Kirkham. George. "A Profellor's Street Lessons." p.45. 50 Moon v. Winfield. 383 F. Supp. 31 (N.D. lll. FBI Law Enforcement Bulletin (March 1974). ZI H_ Carl Mueller, "Stre.. and the Polir­eman," 1974) . Kliesmet, Robert B. "Job Stress in Policing." The The Milwaukee Sentinel (January 19. 1976). p. A 1. 51 Kliesmet, p. 6. Shield and Star (Milwaukee Police Brotherhood, 23 Reiler, Practical Plycholo,y, p. 16. 6:1 Heiman, p. 273. See also C. Rhead, et a1.. "The Spring 1975). .. Ibid .. p. 17. Psychological A.sessment of Police Candidatel," Lawler, Edward III. "For a More Effective Organiza. .. Hanl Selye. The Stre.. 01 Lile (New York. American Journal 01 P&ychiatry, vol. 124, No. 11 (May tion­Match tho Job to the Man." Or,anizational N.Y.: McGra,.,.Hill. 1956). pp. 274­275. 1968). pp. 1576­1580. Dynamics. vol. 3. No.1 (Summer 1974).

lIS Kliesmet, p. 4. .. Klie.met. pp. 4. 7. Maslow, Abraham. "The Study of Man at His Be.t.tt IT Teny Eilenber., "Job Stren and the Police Behavioral Science Concept! and Mana,ement Appli. Officer : Identifying Stre.. Reduction Techniquea," A BIBLIOGRAPHY cation, New York, N.Y. : The Confer.,nce Board paper delhered at the Sympoaium on Job Strels and (1969) • the Police Officer. National Inltitute for Occupational A. Books Metropolitan Life Insurance. Stres8 and YO!lr Health, Safety and Healtb. Cincinnati. Ohio (May 6-10. 1972. 1975). pp. 16-20. Adams. Thomas. LOID Enlorcement: An Introduction Moon v. Winfield. 383 F. Supp. 31 (N.D. Ill. 1974). 28 Jeffrey Schwartz and Cynthia B. Schwartz, "Per- to the Police Role. Englewood Cliff •• N.J.: Prentice Norton, Arthur I., and Glick. Paul C. "Marital Insta- lonal Problema of the Police Officer: A Plea for Hail. 1968. bility: Past, Pretent, and Future." The lournal 01 Action," A paper prelented at the Symposium on Coleman, James C. Abnormal Psychology in Modern Social Issues. vol. 32. No. 1 (1976). Job Stren and the Police Officer. National Institute Lile. 5th ed. Glenview. Ill.: Scott Foresman & Co., Reiser. Martin. "Organizational Stre.ses on Police- for Occupational Safety and Health, Cincinnati, Ohio. 1976. men." Journal 01 Police Science and Administration, (May 6-10. 1975). p. 7. Coville, Walter T.; Costello. Timothy W.; and Rourke. vol. 2. No.2 (1974). :8 Tom Shalel, "Are We Victims of Our Own Vio· Fabian L. Abnormal PsychololY. New York. N.Y.: Rhead. C. et al. "The Psychological Assessment of Bame. «< Noble. Inc. 1971. lence?" The W GShin,ton Post (May 2. 1976). pp. G Police Candidates." American Journal 01 P8ychiatry. George, Claude J. The History Manalement Thought. 1. 4. 01 vol. 124. No. 11 (May 1968). 30 Ibid.• p. G I. Englewood Clill•• N.J.: Prentice Hail. 1968. International City Managers Auociatlon . Municipal 31 Edward Lawler III, "For a More Effective Organ· D. Newspoper Articles ization­Match tbe Job to tbe Man," Orlanizational Police Administration. 6th ed. Washington, D.C.: Dynamics. vol. 3. No. 1 (Summer 1974). p. 26. International City Managers AS80ciation. 1969. Mueller, H. Carl. "Stress and the Policeman." The 8J National Advisory Commission on Productivity, Niederhoffer, Arthur. Behind the Shield. New York, Alilwaukee Sentinel, January 19, 1976. UOpportunitie. for Improving Productivity in Police N.Y.: Doubleday Anchor Books. 1969. Shales, Tom. "Are We Victims of Our Own Violence 1" Services," (Report of the Advisory Group on Pro· Reiser. Martin. Practical P&ychololY lor Police Offi• The Washinlton Post. May 2. 1976. ducti"ity in Law Enforcement, WasbinlIton. D.C .• cers. Springfield, Ill.: Charles C. ThomJ.s, 1973. 1973). p. 27. Schein. Edgar H. ; Schnieder.!. j and Barker, C. H. E. Unpublished Materi.ls 33 Lawler III. p. 26. Coercive Persuasion. New York. N.Y.: Norton. 1961 . "Bernard Cohen and Ian H. Chaiken, Police Back. Schlossberg, Harvey. Plycholoeilt With a Gun. New Clement. Richard C. "Reducing the Divorce Rate in Iround Characteristicl and Perlormancel: Summary York. N.Y.: Coward, McCann, and Geoghegan. 1974. Police Departments by the Use of Alcoholic Bev- (New York. N.Y.: The New York City Rand Institute. SeIye, Hans. The Stren 01 Lile. New York, N.Y.: erage.... Unpublished paper, FBI Academy. Quan· May 1972). p. 1'. McGraw.Hill. 1956. tico. Va .• 1971. 115 Michael D. Roberti, "Job Stress in Law Enforce. Skolnick. Jerome. JlUtice Without Trial: LOll) Enlorce· Eiaenber" Terry. "Job Stren and the Police Officer: ment. A Treatment and Prevention Program," (Un. ment in a Democratic Community. New York, N.Y.: Identifying Stress Reduction Techniques." Paper published research paper, San Jose, Calif.• 1975). John Wiley & Sons, Inc.• 1967. presented at Sympollium on Job Streu and the p. 11. Van Dersal, William. The SucceJllul Supuvisor. New Police Officer, National Institute for Occupational .. Schlo..berg. p. 202. York, N.Y.: Harper & Row, 1968 . Safety and Health, Cincinnati, Ohio, May 8­10. M Richard C. Clement, HReducing the Divorce Rate 1975. in Police Departments by the Ule of Alcoholic Bev· B. Reportl Hadar, llana. "The Occupational Socialization of Police." Unpublished Ph. D. dissertation, Clare- erage•• " (Unpubli.hed paper. FBI Academy. 1971). Cohen, Bernard, and Chaiken, Jan. Police Background p.2. mont College. Lo. Angele•• Calil .• 1975. Characteristics and Performances: Summary. New Hurrell, Joseph. Jr., and Kroes, William. "Stress M Eisenbere. p. 17. York, N.Y.: The New York City Rand Institute. Awareness." Paper presented at the Symposium on 89 Joseph Hurrell, Jr.• and William Kroes, "Stress May 1972. Job Stress and the Police Officer. National Institute Awareness." Paper pretented at the Sym posium on National Advisory Commission on Productivity. Op· for Occupational Safety and Health. Cincinnati, lob Stre.. and the Police Officer. National Institute portunities lor Improving Productivity in Police Obio. May 6-10. 1975. for Occupational Safety and Health, Cincinnati. Ohio Services. Report of the Advisory Group on Produc· Mullaney, ROlli. ··Interviews and Interrogations." Re· (May 6-10. 1975). p. n. tivity in Law Enforcement. Washington. D.C.: learch paper, North Central Te:xas Regional Police '0 International City Managers Association, Munici• National Advisory Commission, 1973. Training Academy, Arlington. Tex., 1976. pal Police Admini3tration (6th cd.; Washington, D.C. : U.S. Department of Health, Education. and Welfare. Roberta. Michael D. uJob Stress in Law Enforcement: International City Managers Association. 1969). p. 98 . Work in America. A Report of the Spedal Task A Treatment and Prevention Program." Research U Jame. C. Coleman, Abnormal P3ychology in Force to the Secretary of the Department of Health. Modern Lile (Sth ed.; Glenview. Ill.: Scott Foresman Education. and Welfare. Cambridge. :;\fass. : MIT paper. San Jose. Calif.. 1975. «< Co .• 1976). p. 117. Pr•••• 1973. Schwartz, Jeffrey, and Schwartz, Cynthia. "Personal .. Ibid. Problems of the Police Officer : A Plea for Action." 43 nana Hadar. "The Occupational Socialization of C. Articlel in Journals or Magazines Paper pre.ented at the Symposium on Job Stre.. Police." (Unpublilhed Doctoral dissertation. Clare· and the Police Officer, National Institute for Occu- mont College, Los Angele., Calif., 1975), p. ii. See Denyer. Tom; Callender, Robert; and Thompson. pational Safety and Health, Cincinnati, Ohio. alao Skolnick, pp. 42­47, and Niederhoffer. p. 101. DenDi,. "The Policeman •• Alienated Labor." Jour· May 6-10. 1975.

January 1977 15 · ~ . . ". TRAIN-ING ~ - - -' ...... _ ....

HELICOPTER RA LAW ENFORCE By DAVID J. KRISKOVICH Special Agent Federal Bureau of Investigation Washington, D.C.

NOTE: Rappelling by inex• perienced and unskilled persons without proper supervision and control can be hazardous. It is imperative that any programs initiated are properly planned and closely supervised and co• ordinated by experienced and qualified instructors.

16 FBI Law Enforcement Bulletin T he police officer sat on the right his brake hand and guide hand. His edge of the airborne helicopter's rear rate of descent all but stopped as the seat with strict attention to the ges• rope stretch allowed his feet to touch tures of the Rappel Master (RM). the ground lightly. The aircraft rapidly slowed its for• This officer had just completed his ward flight, transitioning to a hover first 90-foot helicopter rappel during 100 feet above the ground. a training program made available to The RM glanced at the officer and officers of his department by the Fed• issued his first order. He pointed to eral Bureau of Investigation. the skid on the officer's right and shouted, "Stand on the skid." Purpose and Application With practiced, deliberate move· ments, the officer swung out onto the The officer was not finished with his skid and faced the interior of the training, however, there were other machine. His "brake hand" and tasks to accomplish. But he had just "guide hand" grasped an attached proven to himself that he could safely, rope with controlled pressure. He in· but rapidly, descend from a hovering spected his equipment for at least the helicopter onto a small target area in third time during the flight, as did the the event conditions precluded a safe RM also. Seeing that everything was landing of the helicopter. For him and in order, the RM shouted the next his fellow trainees, there was no longer command. The officer responded by the need to commit the aircraft to such backing his upper body sharply away high.risk landing situations as those from the helicopter until his legs were near powerlines, antennas, or varied• at a 45° angle from vertical. Once size buildings or trees. There was no again he and the RM checked the longer the need to bail out of a chopper equipment. Once again it passed in· at a 3·foot hover thereby risking rotor spection. The RM then issued his strike due to the possibility of the final command by sharply executing a craft's unexpected pitch or roll. hand signal. The officer reacted by In the course of a missing·person slightly bending his knees, then search by helicopter, if the victim were pushing away from the skid while al· spotted from the air in a heavily for• lowing a measured length of rope to ested area, prompt accessibility to such pass through his hands. His body a victim should no longer be a prob· moved in a graceful swing, first away from the helicopter and down, then lem. With the pilot maintaining a in pendulum fashion under the ma• slightly higher.than·treetop hover, the chine. Through his gloved brake hand officer could rappel to the ground, he sensed his descent speed and in render first aid to the victim, if neces· turn regulated it. Ris eyes judged his sary, and prepare him for expeditious distance from the ground. When he evacuation. was about 15 feet a bove the ground, If police operations called for em· he began to grasp th.e rope tightly with placement of a tactical team on the

January 1977 17 priate equipment was acquired and tested, and its eventual adoption was based on such considerations as strength, safety, simplicity, and cost. Thereafter, research was directed to• ward developing specific techniques applicable to law enforcement officers. An initial objective was to deter• mine the feasibility of personnel rap• pelling from a helicopter onto a build• ing roof. This was based on the prem• ise that a tactical situation is often best approached from above. Success• ful progress in this area was obtained, and it was found that the degree of success is directly related to the ef• fectiveness of communication between the RM and the pilot. The helicopter is positioned over the training "target" and the lines are thrown. It quickly became apparent that thc roof of a building, obstructions such Beginning in 1973, Special Agent key to a successful mission is team• as antennas or chimneys and the pos• instructors assigned to the FBI Acad• work between the rappel master and sibility of a structurally weak roof emy at Quantico, Va., who had prior the aircraft pilot, whose flying experi• need to no longer pose a landing prob• military experience in helicopter rap• ence, it was found, need not have in• lem for the pilot. He simply would not peiling, undertook further research cluded rappelling activity. have to land there. As long as he could and experimentation into this subject. The next objective was to determine hold his aircraft in a hover above Their aim was to study applications of how quickly a helicopter rappel to a the desired emplacement site, the tac• the technique for various law enforce• building roof could be accomplished. ment situations, both of a tactical and With very little change in procedure "Beginning in 1973, Spe. rescue nature, and to develop specific and some additional training, the re• cial Agent instructors . • . techniques applicable to them. Appro• sults were phenomenal. The elapsed who had prior military ex· perience in helicopter rap· Even though the rappellers' exits are simultaneous, the one shown here appears to be slightly pelling, undertook further slower than the other. research and experimenta. tion into this subject." tical team, if so trained, could quickly and safely rappel to the building roof.

Hi~tory and Development

Rappelling is not a new technique for use by personnel in controlled de• scent operations. It was developed years ago by mountain climbers. Heli• copter rappelling, however, wa adopted by the U.S. Marine Corps and Army in the late 1950's to meet vari• ous military needs. The technique lends itself especially wen to inserting combat troops into dense jungle areas which deny helicopter landings.

18 FBI Law Enforcement Bulletin / The first two field schools were con• ducted for the Orange County, Fla., Sheriff's Department and the Louisi• ana State Police. Both of these agen• cies requested rappelling training for their tactical units for rescue as well as tactical application. To meet their needs, a training ses• sion of 1 week's duration was planned with presentation to a maximum of 20 students. The course began with lectures on equipment characteristics, followed by basic knot-tying instruc• tion. During the entire course there is only one acceptable standard of performance: Perfection. If the stu• dent fails to demonstrate a high de• gree of skill with each knot taught, he is not allowed to progress with the class. He is given remedial training, then retested. If he fails again, he is The rappelJers signal to the RM In the aircraft that they are safe and detached from the dropped from the training session. lines. The aircraft will depart while the RM retracts the ropes. The entire sequence shown This high standard of performance takes about 5 minutes. also applies to all other phases of the time between establishing the heli• necessary to utilize this technique training. Necessity demands it-rap• copter in a hover 30 feet over the and to assist in passing on knowledge peIling from a hovering helicopter is building and successfully landing the and experience gained to other agen• fraught with hazards for the unskilled rappellers on the roof has been almost cies having similar needs. or poorly trained. consistently only 3 seconds! Further research and evaluation FBI instructor experiments with an alternate method of rappel ling during a research and evaluation session. In this instance, his rappel seat link is at the small of his back rather was conducted to determine which than in front. types of helicopters could be used for rappelling. It was determined that air• craft in this category include, but are not limited to, the following: The Bell Jet Ranger and all Bell UH-l Models, Fairchild Hiller noo and 12E, Sikor• sky S-55 and 5-58, and Hughes 500C.

Teaching Rappelling

The recommendations and findings of the FBI research team were cat• alysts for initiation of a field training program for other law enforcement agencies. Agent instructors from the FBI Academy were soon traveling to provide training in local jurisdictions which had available helicopters suit• able for rappelling. This training sought to assist these agencies in developing the capabilities

January 1977 19 is called a free rappel inasmuch as there is no vertical surface on which to place his feet. When all students have demon• strated satisfactory skill in rappelling up to this point, they then move to rappelling from an actual helicopter. The first chopper rappel is made from a height of 30 feet. One student at a time exits the aircraft under the watchful eyes of both an instructor and a student RM. On the ground, holding the end of each student's rope is a "belay" or safety man. This is a rotating duty which is performed by all students. The belay man's job is to pull the rope vigorously downward and away from the chopper if he feels that the rap• peller is in danger of losing control. A Bell Jet Ranger is "rigged" for rappel ling with each set of doubled rappel lines being The belay man can easily control the anchored to a skid, then passed through the aircraft to be used on the opposite side. rappeller's descent with this method. This commitment to training excel• placed on safely controlling the de• Although his reactions are very rarely lence has served to characterize the scent and using correct form. After needed, the belay man alertly stands professional quality of the course. this, they move to vertical walls of in• his post in all FBI rappelling training, More importantly, however, these high creasing heights from 10 to 50 feet. beginning with rappelling from the standards have insured that safety Training in "free" rappelling comes one-story sloped wall. stdllds as a paramount element in this next. The student is taught to rappel The second helicopter rappel is done training. It is noteworthy that in all of from a platform similar to a helicopter from 60 feet. The next is from 90 feet, the training provided by the FBI so deck and skid as a means of practicing followed by another exercise from the far the most serious injury has been helicopter exit procedure. His descent same height with the rappellers loaded only an occasional minor rope burn. A rappeller is "linked-up" to his rappel line and is positioned for flight to a nearby target. Course Description

The course progresses as follows: After training in knot-tying, the stu• dents are taught the basic principles of rappelling. Strong emphasis is placed on the use of backup equipment for each piece of equipment used. For example, even though the ropes used have a minimum breaking strength of 6,000 pounds, two ropes are used by each student. Each of these ropes is tied to two independent anchors, whether in a helicopter or on a rap• pel tower. Never is the rappeller's safety dependent on only one item of equipment or one knot. Next, the students rappel down a one-story, sloped wall. Emphasis is

20 FBI Law Enforcement Bulletin Instructor demonstrates the correct "link-up" to a rappel line and Instructor displays a rappe"er's "individual gear" which is the correct body position for controlled descent. equipment necessary to make a rappel seat. with tactical or rescue gear. The type copter transition to a hover and com· about $15 to $18 per set. This includes of gear depends on the primary mis- plete team arrival on the target varies the rappel seat, heavy leather gloves, sion of the student group being from 12 to 15 seconds. As mentioned and two snap links. The rappel lines trained. earlier, the actual team rappel takes vary in cost from 30 to 50 cents a foot. Close observation is made of each only about 3 seconds. This swift team Generally, a Bell Jet Ranger or similar student's individual performance. He delivery reduces aircraft vulnerability aircraft can be rigged for a 90·foot is critiqued by the instructor who in the target area and speeds turn- watches his activities in the aircraft around time for pick up and delivery "Viewed in terms of the of additional teams, if needed. technique's modest cost of "Each team is taught to The final exercise, completing the training and equipment as make a swift and simulta• compared to its various pos• helicopter training, requires that a neous departure from the sible applications, it appears team equipped with tactical or rescue aircraft so as to minimize that funds utilized for heli• equipment rappel onto a building roof. helicopter hover time over copter rappelling are well the target." This impressive feat culminates an ex- spent." citing and challenging training period. as well as by the instructor on the Student morale and self·confidence rappel for $120. This includes a dou- ground who observes his descent. usually soar as a byProduct of success· ble line for each side of the aircraft. The next phase of instruction is fully completing this exacting course. Viewed in terms of the technique's team training. Each team is taught to modest cost of training and equipment make a swift and simultaneous de· Cost Effectiveness as compared to its various possible parture from the aircraft so as to min· applications, it appears that funds imize helicopter hover time over the A significant consideration regard. utilized for helicopter rappelling are target. ing this training, or any training, is its well spent. When such a technique is While this impressive tactic cer· cost. In view of the versatile capabili· urgently needed by tactical or rescue tainly appeals to those who enjoy ties to be gained by this training, ex- operations, the ultimate dividends may watching precision teamwork in ac· penses are really negligible. Cost of be priceless­in lives saved and oper· ations conducted with less risks to the tion, more importantly, it has a prac· aircraft operation,. of course, varies officers involved. tical application in tactical situations. with the type of equ ipment being used. Usually, the time between the heli­ Rappelling gear for students runs "On rappel!" @1

January 1977 21 "A More Balanced Corrections Philosophy"*

By HON. NORMAN A. CARLSON Director Federal Bureau of Prisons U.S. Department of Justice Washington, D.C.

At a time when the Nation's crime criticized for not apprehending more rate is steadily rising and the Ameri- criminals. Some individuals and can public is demanding more drastic groups say prisons are pampering in- measures to combat it, I find the mates at the same time others accuse theme of your conference, "The Crim- us of excessive brutality. Parole and inal Justice System: New Sense of probation are under fire for ineffec· Reality," to be particularly appro- tiveness in rehabilitating offenders priate. Angry Americans, many who and for allowing too many dangerous feel unsafe in their homes and on the people to walk the streets. streets, are forcing us to take a new Clearly a "get­tough" mood exists. look at the criminal justice system. As a recent article in the Wall Street Every segment of the system­on Journal mentioned, 35 States have the Federal, State, and local levels- passed new death penalty laws, 12 is undergoing critical reexamination. States have replaced discretionary The courts are accused of being too sentencing with fixed­term, manda- lenient and inconsistent in sentenc- tory sentences for certain offenses, ing. Law enforcement officers are and 14 States have adopted measures to compensate victims of certain crimes, with the compensation to be ·With the exception of minor editin, and limited paid by the criminal in several of deletion •. this i, the lull text of an addre.. deliv. ered July 7. 1976. by Mr. Carhon at tbe ~7tb Annual those States. Criminal JUlltice Institute of the Florida Council on In this new atmosphere, more and Crime and Delinquency held at South Odando, Fl•.

22 FBI Law Enforcement Bulletin more people-criminal justice offi• jective of correctional programs, but Several bills now before the Con• cials and the public alike-are ques• not as the central purpose for impos• gress would establish a system of tioning the validity of rehabilitation ing a sentence on an offender." definite sentencing. Such a system has as the major goal of incarceration. Most of us in the field of criminal been suggested by a variety of [in• We know that most crime is com• justice are now willing to admit that mitted by repeat offenders. The ma• we don't know how to change offend• "There is an increasing jority of inmates in prisons have ers when they have no desire to demand, from both within served sentences for previous offenses. change themselves. Far too many in• and without the system, for People understandably want to know mates simply go along with institu• mandatory sentencing and why we have been unsuccessful in tion or community programs in hopes for an end to indeterminate changing the behavior of these of• of winning early release through pa• sentencing." fenders. The truth of the matter is, role or discharge from supervision. we don't know. Change in any individual, if it oc• formed] groups.... The prevailing Over the past few years, the phi• curs, must be voluntary.... Our role sentiment is, "Even if we can't re• losophy of corrections has become must be facilitative-to provide the unbalanced. Many people inside and opportunities for change for those who habilitate offenders, we can at least outside the system have been led to want to do so. insure fairness in sentencing. If re• believe that we could best carry out The new sense of realism has led habilitation doesn't work, then hope• our primary mission of protecting to a more balanced philosophy of cor· fully certainty of punishment will de· society by rehabilitating offenders rections, one that recognizes that ter people from further crime." through a system of organized work, retribution, deterrence, incapacita• Most of us who've worked in the study, and counseling that would tion, and rehabilitation are all legiti• criminal justice system know that for somehow cure them of crime and turn mate objectives of incarceration. The many offenders, crime is in reality a them into law·abiding citizens. Re• aggressive and assaultive individual gamble. An individual about to break habilitation has been seen as the basic must be incapacitated to protect so• the law is playing the odds, and if reason for incarceration, as well as ciety. A person convicted of income faced with no certain prospect of for probation and parole. tax evasion is sentenced primarily as punishment, his risk in committing the The medical model that evolved• a lesson and warning to others. Or• crime is minimal. Faced with cer· a model that implied offenders were ganized crime figures are locked up tainty of punishment, the risk is sick and could be cured of crime by a so that they cannot prey on the public greater and the individual may be de· treatment program-was unrealistic. for the period of time they are behind terred from committing the crime. Rehabilitation was associated with bars. To assume that the system can Although deterrence is admittedly somehow rehabilitate all such individ• hard to measure, it is very real, and ". . . more and more uals is simply unrealistic. can best be achieved through a system people-criminal justice of· This growing skepticism about the ficials and the public alike-• rehabilitative ideal and the rising of determinate sentencing. are questioning the validity crime rate are having a profound im• Another reality of the rising crime of rehabilitation as the rna· pact on other aspects of the criminal rate is the growing population in the jor goal of incarceration." justice system. There is an increas· prisons and jails of our Nation. More ing demand, from both within and crime is being committed, and more humaneness and we forgot that most without the system, for mandatory offenders are being apprehended and inmates are not sick, that we do not sentencing and for an end to indeter· sentenced by the courts to serve a pe• know the causes of crime, and that we minate sentencing. riod of time in prison. Every prison have developed no sure cures. As [one] former [State] director of corrections . . . [has] said . . ., FEDERAL PRISON POPULATION "Sending the defendant to prison to Total inmate capacity______22,483 be rehabilitated . . . is as irrational Total inmates (10/3/76): 25,765 men; 1,448 women___ _ 27,213 1 as to send a person to prison to have his appendix removed or to learn the Total inmates 110/3/75L______24,139 trade of his choice .... Rehabilitation 1 Inmate occupancy is 21 percent over physical capacity. must be regarded as a laudable ob-

January 1977 23 Female corrections officer of the Federal Corrections Institution, Terminal Island, Calif. system in the country, with the excep• more humane conditions in institu· systems in several States are uncon• tion of California, had population in· tions and on the protection of inmates' stitutional because they are in viola• creases during 1975. The ation's civil rights. The courts have made it tion of the eighth amendment. One overall increase was 11 percent, and clear that jails and prisons cannot recent Federal court decision called the rise is accelerating. Our popula• carry out their responsibility to pro• for a long list of amenities and serv• tion in the Federal system rose 8 per• tect society under conditions that pre· ices for prison inmates, including the cent in 1975 and we matched that vailed in the past. right of privacy. record in the first 5 months of this The days are gone forever-and A variety of other organizations year. Population at this moment is rightly so-when a court would rule, have added their voices to the de• over 27,000 inmates, 3,700 higher as one did in Virginia 100 years ago, mands by the courts for better hous• that an inmate was "a slave of the than it was a year ago. ing conditions for inmates. I am re• state." From all indications this growth in ferring particularly to the United Na• For the past 15 years, the courts population will continue for at least tions, the ational Advisory Commis· have issued a series of orders that a decade .... sion on Criminal Justice Standards have broadened inmate rights to the This overcrowding is coming at a and Goals, and the American Correc• constitutional protections that other tional Association, all of whom have "The courts have made it citizens enjoy. As the Supreme Court advocated standards to eliminate un• clear that jails and prisons ruled in 1974, "There is no iron cur· desirable conditions. cannot carry out their re• tain drawn between the Constitution In the months and years to come, we sponsibility to protect so• and the prisons of this country." ciety under conditions that Among the many rights inmates will see more court decisions and more prevailed in the past." have won are increased protection professional standards governing the from cruel and unusual treatment and conditions of incarceration. We will time when both State and Federal protection of their safety and lives. see more emphasis on privacy for in• courts are increasingly insistent on Federal courts have ruled that penal mates and a minimum standard of liv-

24 FBI Law Enforcement Bulletin ing space for each person confined to In the long run, however, new jails cation, and the decline in the influence an institution. and prisons will have to be built_ These of the church and family­certainly The system of accreditation being new institutions are needed both to not alone and certainly not with the developed by the American Correc- house the continuing increase in popu- tools presently at hand. These proh- tional Association will further raise lation and to replace the ancient bas- lems are community problems and to standards. Every aspect of corrections tilles that are so bady outdated. solve them we need all the help and ranging from qualifications for cor- Half the maximum security institu- the under<;tanding we can get­from tions in this country were built during the public, the Congress, and the State "Half the maximum secu· the 19th century and there is no hope legislatures. rity institutions in this coun· that they can be modernized to meet I firmly believe that the prevailing try were built during the tandards established by the courts public attitude, which calls for a 19th century and there is and the other organizations I men- crackdown on criminals but at the no hope that they can be tioned earlier. They must be torn same time dictates more humane in- modernized to meet stand· down and replaced by smaller, more carceration, is a positive step toward ards established. • . ." modern, institutions. solving some of the basic problems rectional officers and other personnel, I have attempted to articulate what facing the criminal justice system. to nutritional requirements, to living I consider to be some of the major With public support and concern, space for inmates will be included in problems facing the criminal justice Congress and State legislatures wiII the accreditation system. system in this our Bicentennial year. adopt stiffer measures to deal with These changes are not designed to Faced with growing citizen demands criminal, disparity in sentencing will pamper or coddle offenders but rather to know why crime continues unabat- be greatly reduced, and correctional [to] eradicate the problems of the ed, it has become necessary­and institutions will embark on a more past. For 200 years, we have locked healthy, I might add­to reexamine realistic mission. Despite the pessi- up society's offenders in cages that the objectives, policies, and programs mism being expressed by some, I am only serve to breed hostility, bitter- we've pursued. convinced that what will emerge is a ness, and further crime. Depriving in- The problems we face, however, more humane correctional system, one mates of privacy and dignity has not clearly cannot be solved by those of that provides for better housing and solved the Nation's crime problem- us in the criminal justice system alone. treatment of ofTenders, and which is it has only made it more acute. We cannot be expected to overcome more responsive to the demands of the I am optimistic that all of these de- the effects of broken homes, poor edn­ public for protection. ijl velopments will improve the Nation's criminal justice system. At the same time, however, we must recognize the CRIMINALISTICS LABORATORY INFORMATIO:fd l reality that the demand for better con- 11 SYSTEM ~~~~ ditions of incarceration is coming at a time when the rapid growth of prison In accordance with a request by the Attorney General of the y r 0 populations makes it increasingly dif- United States, the FBI is currently involved in the development ficult to even maintain present stand- and implementation of a Criminalistics Laboratory Informa· ards. tion System (CLIS). This computerized information system In the short run, there are a number will collect and disseminate forensic science data for law of remedies that may help ease the enforcement throughout the United States. Through it, forensic population crunch. More nondanger- science information will be identified, collected, and stored for ous offenders can be placed in such on·line retrieval via NCIC telecommunications lines. The infor· community­based programs as proba- mation will be centrally stored at FBI Headquarters and the tion, parole, and halfway houses. Cau- FBI Laboratory will maintain the files and perform related tion must be exercised, however, to quality­control tasks. insure that offenders do not use and A CLIS committee composed of seven members: four from manipulate these programs as a li- member laboratories of the American Society of Crime Lab- cense to engage in further criminal oratory Director!'; and one each from the Bureau of Alcohol, behavior. Further development of vic- Tobacco and Firearms; the Drug Enforcement Administration; tim restitution and pretrial diversion and the FBI, will develop operational policy for this system. programs will also help ease the strain_

January 1977 25 ~onsent Search and the Assumption of Risk

By DONALD J. McLAUGHLIN Special Agent Federal Bureau of Investigation Washington, D.C.

Judicial preference for search war· torney defending his client against a "In its simplest and primary rants has led the Supreme Court to claim of negligence. A plaintiff in a sense, it means that the plaintiff observe that searches conducted with- civil action alleges that he has been has given his express consent to out prior approval of a judge or mag- injured or his property damaged be- relieve the defendant of an obli- istrate are "per se unreasonable un· cause the defendant has violated a gation of conduct toward him, and to take his chance of injury der the Fourth Amendment." 1 Yet, duty of care owed to him, and there while emphasis on warrants remains is a causal connection between the from a known risk. The result is strong, the Court has consistently rec- defendant's dereliction and the plain- that the rlefendant is simply un- ognized that a warrantless search un· tiff's injury or damage. der no legal duty to protect the dertaken by law enforcement officers The defendant may successfully plaintiff. A second, and closely with permission of a party empowered counter this claim by showing that related meaning, is that the plain· to consent is lawful. Thus, a consent the injured party, when entering tiff, with knowledge of the risk, search is a well­recognized exception voluntarily into a relation or situa- has entered voluntarily into some to the warrant requirement of the tion with the defendant, assumed an relation with the defendant fourth amendment. 2 apparent and obvious risk which later which necessarily involves it, A problem surfacing frequently resulted in the injury or damage. The and so is regarded as tacitly or concerns the validity of a consent ob- defense has been described as follows: impliedly agreeing to take his tained by an officer from a third own chances." 3 party­that is, a party other than that The purpose of the discussion that Law enforcement officers against whom the search is directed. follows is to illustrate how courts of other than Federal juris. An example is consent of a wife to have borrowed from tort law the diction who are interested in search the family home for evidence principle of "assumption of risk" and any legal issue discussed in incriminating her husband. Many applied it in an entirely different this article should consult courts have resolved this problem by setting­to justify admissibility in a their legal advisor. Some invoking a doctrine of tort law­ as- criminal proceeding of evidence seized police procedures ruled per- sumption of risk, a well­established pursuant to a consent to search given missible under Federal con· defense in a civil action for negligence. by a third person. stitutional law are of ques- The importance of this to lawen- Assumption of Risk Defense tionable legality under State law, or are not permitted forcement officers is considerable. Of- The phrase "assumption of risk" at all. ficers desiring to search premises or has a distinct meaning for the at­ personal property for incriminating

26 FBI Law Enforcement Bulletin evidence against Party A may, under unreasonable search and seizure was pealed to the Supreme Court a Federal the right circumstances, obtain con• violated when his clothing was seized court order suppressing the evidence sent to search from Party B, and from the duffel bag following Rawls' as the product of an unlawful search what is more, may be assured of the consent. Frazier claimed that Rawls and seizure. sound legal basis for conducting the had no authority to permit the police One of the questions before the search and seizure. to seize clothing from the compart• Court was whether Mrs. Graff was ment of the bag in which Frazier authorized to consent to the bedroom Supreme Court Decisions: stored his clothes. The Court rejected search. It was held that "when the Frazier and Matlock his argument. prosecution seeks to justify a war• Two decisions of the Supreme Justice Marshall, expressing the rantless search by proof of voluntary Court in recent years show how the as• view of six members of the Court, consent, it is not limited to proof that sumption of risk doctrine has been pointed out: consent was given by the defendant, used. One concerns a consent search but may show that permission to "Since Rawls was a joint user of personal property, the other of search was obtained from a third par• of the bag, he clearly had au• premises. ty who possessed common authority thority to consent to its search. In Frazier v. CUpp,4 the defendant over or other sufficient relationship to The officers therefore found evi• shared a room in his aunt's house dence against [Frazier] while in with his cousin Rawls. They also " ••. the prosecution ••. the course of an otherwise lawful jointly used a duffel bag. Two days may show that permission search.... [Frazier], in allowing after a murder victim was found in to search was obtained from Rawls to use the bag and in leav• Portland, Oreg., Frazier was arrested a third party who possessed ing it in his house, must be taken ar.d charged. Later the same day, common authority over • .• to have assumed the risk that Rawls was arrested at the aunt's home. the premises or effects Rawls would allow someone else Following the arrest and in the ab• sought to be inspected." to look inside. We find no valid sence of Frazier, both Rawls and the search and seizure claim in this aunt consented to the search of the the premises or effects sought to be case." [Emphasis added.] 5 commonly occupied room. In addition, inspected." 7 Rawls consented to the search of the Five years after the Frazier deci• In his majority opinion, Justice sion, the Court was confronted with White reasoned: another consent case, this time in• "A problem surfacing fre• "The authority which justifies volving the search of a room being quently concerns the valid• the third-party consent does not shared by paramours. In United States ity of a consent obtained rest upon the law of property, v. Matlock,6 the defendant was ar• by an officer from a third with its attendant historical and rested in the front yard of a home in party. legal refinements, . . . but rests " which he shared a room with his rather on mutual use of the prop• friend, Mrs. Graff. At the time of ar• erty by persons generally having duffel bag. The bag, divided into three rest, although they knew Matlock re• j oint access or. control for most compartments, contained his clothing sided in the house, the officers did not purposes, so that it is reasonable and also that belonging to Frazier. ask him which room he occupied. Nor to recognize that any of the co• The garments of both were stained did they ask him for consent to search. inhabitants has the right to per• with what appeared to be blood. The Instead, some of the officers went to mit the inspection in his own clothing was seized and later used in the door of the house, gained admit• right and that the others have as• evidence against Frazier at his trial tance from Mrs. G r aff, told her they sumed the risk that one of their for second-degree murder. Following were seeking money and a gun from a number might permit the com• the affirmance of his State conviction, bank robbery, and r equested to search mon area to be searched." [Em• Frazier appealed a Federal appellate the house. phasis added.] 8 court decision reversing the grant of Mrs. Graff volunb rily consented to habeas corpus relief by a lower Fed• the search of the bedroom she occu• Mrs. Graff and Matlock mutually used eral court. pied jointly with Matlock. The room and jointly controlled the bedroom, Among other contentions, Frazier was searched and the robbery loot was and each assumed the risk that the argued before the Supreme Court that found in a diaper bag in the bedroom's other would authorize a search there• his fourth amendment right against only closet. The United States ap• Of. 9

January 1977 27 Lower Courts: Acceptance we must recognize that [defend. to grant a consent for police to search. of the Principle ant] had assumed the risk that In short, given the commonality of [she] might permit others to in• access, control, and use, it is reasoll• The assumption of risk principle in spect the premises. "11 able to recognize that a coinhabitant consent searches, so clearly enunciated has the right to permit a search in his Typical of the State courts' han• in Frazier and Matlock, has found ac• own right and that the other has "as• dling of third-party consent search ceptance in the decisions of both Fed• sumed the risk" of such an action.18 eral and State courts in a variety of cases is State v. Knutson,12 a 1975 situations_ For example, in United decision of the Iowa Supreme Court. States v_ Cook/o the defendant-tenant Knutson was a periodic houseguest Another Application: Consensual was permitted to use part of a poultry in the two-story apartment of one Mc• Overhearing house located some 50 feet from his Bride, and for some 3 or 4 weeks prior landlady's home_ The defendant rent• to the crime, he regularly occupied an While most third-party consent ed a separate house some 200 feet open area of the basement contaill• problems concern the search for from the poultry shed_ Following the ing a bed and two chairs. The base• physical evidence, a line of Supreme robbery of a Modoc, Ind_, bank, FBI ment also contained a furnace, washer, Court decisions has applied the as• Agents sought and received from the drier, and storage area. McBride had sumption of risk principle to the landlady consent to search the poul• access to the basement, and on at least seizure of testimonial evidence- the try house. Incriminating evidence was one occasion removed and washed the contents of conversations. found and seized, and the defendant bed linens. The starting point is 1952 and the thereafter convicted. He appealed on decision of On Lee v. United States,14 the first of the "wired informant" grounds that evidence taken from the "The assumption of cases. The defendant was engaged in poultry house was the product of an risk principle in consent conversations by an informant who unlawful search. The legality of the searches • • • has found happened to be an "old acquaintance." search in part depended upon the Gov• acceptance in the decisions The discussions took place in areas ernment's ability to show the landlady of both Federal and State accessible to the public. Incriminat• had authority to consent thereto. courts in a variety of situa· ing statements of the defendant were A Federal appellate court, relying tions." transmitted by a microphone con• heavily on Matlock, pointed out that cealed on the informant, and over• the landlady and her family actually A 20-year-old student was raped in heard by a Federal narcotics agent, used several parts of the poultry house the basement of the McBride apart• who later testified as to their contents. for storage, were entitled to enter the ment. Knuison was arrested about an The defendant argued that this shed to remove their property, and hour later. Shortly after, police oh• monitoring violated his fourth amend• reserved the right to preempt addi• tained a consent from McBride to ment right again t unreasonable tional space if needed. All this was search her basement. The bed was in searches and seizures. The Court held: known to the defendant when he disarray. A torn zipper and stained (1) there was no physical trespass by placed the evidence in the shed. The clothing were seized from the bed. the undercover agent, and hence no defendant therefore shared the prem• Over Knutson's objection, these items constitutional violation; and (2) the were received in evidence against him ises in question with the consenting fourth amendment does not protect a at trial. party, and mutual use, access, and person talking "confidentially and in• Following conviction, Knutson control were sufficient to enable the di creetly" with one he trusts and is based his appeal in part on a claim landlady to furnish a lawful consent. overheard. The fir t part of this hold• that McBride had no authority to con• The court noted: ing was overruled in 1967 ; the second sent to the search of the basement. remains viable.1 5 Apparent in the On "If the [landlady] maintained The court held this argument to be such a right to use the premises, without merit, observing that (11 Lee decision is the point that one who it would be foreseeable for [her] Knutson was at most a casual house• misplaces his confidence in a con• to inspect the premises or to per• guest in the apartment; (2) he dhl ver ation with another risks disclosure mit other persons to use or in• not enjoy exclusive posse sion of any of it contents. spect the premises. Thus, because part of the basement; (3) his limited Five years later, the Court con• the [landlady] retained such interest and McBride's mutual right sidered a similar problem. In Rathbun broad control over the premises, of access assured McBride's authority v. United States/ G the defendant was

28 FBI Law Enforcement Bulletin convicted of transmitting an interstate versation. While these decisions are risk that his companions may be communication which threatened the closely related to consensual over• reporting to the police. If he life of another, in violation of Federal hearing and apply the same assump• sufficiently doubts their trust• law. At his trial, police officers testi• tion of risk principle, they are fac• worthiness, the association will fied to the contents of a telephone con• tually distinguishable.1 9 In each the very probably end or never ma• versation between the defendant and incriminating statements were made terialize. But if he has no doubts, victim which was monitored on an directly to an undercover officer or in• or allays them, or risks what extension telephone with permission formant who remernbered or recorded doubt he has, the risk is his." 22 . of the victim. The question before the and later testified. No third party Court was whether section 605 of the monitored the conversation with con• Bank Records: Risk of Federal Communications Act 17 pro• sent of a participant.2o Disclosure hibited at a Federal trial the use in The fourth amendment argument evidence of an intercepted telephone on consensual overhearing was raised A recurring question concerning a conversation obtained by consent of again in United States v. White,zl depositor's fourth amendment inter• est in bank records was recently reo one of the parties. where a Government informant con• solved in United States v. Miller.~3 The The Court held that there was no sented to the electronic monitoring of "interception" within the meaning of his conversations with the defendant the Federal statute. One entitled to by Federal agents, who later testified. "A consent to search receive a communication may use it The conversation occurred in the in• should not be routinely for his own benefit or have another formant's house and car, in the de• substituted for a search war• use it for him. The communication fendant's house, and in a restaurant. rant. But given the proper itself is not privileged, and one party The defendant argued that such ac• circumstances it is an may not force the other to secrecy tivities violated his rights under the acceptable alternative." merely by using a telephone. More• fourth amendment. over, the Court observed: The Supreme Court ruled that a precise question presented was wheth· "Common experience tells us police agent who conceals his identity, er a depositor possesses any constitu· that a call to a particular tele• may himself make, without warrant, tionally protectable interest in records phone number may cause the bell a written or electronic record of an of his account maintained by a bank to ring in more than one or• incriminating conversation with a in accordance with the Bank Secrecy 24 dinarily used instrument. Each suspect. For constitutional purposes, Act of 1970. In a 7-2 decision, the party to a telephone conversa• no different result is required where Supreme Court held a depositor reo tion takes the risk that the other the agent is equip ped with a trans• tains no "legitimate expectation of party may have an extension tele• mitter and per mits monitoring of the privacy" in such records, and thus may not object to their disclosure to phone and may allow another to talk by a third person, the law en• law enforcement officers. Copies of overhear the conversation. When forcement 0 fficer • Justice White checks, deposit slips, statements of ac· such takes place there has been explained: no violation of any privacy of count, and the like are business rec· which the parties may complain." "If the conduct and revelations ords of the bank, not the private pa· pers of the depositor. [Emphasis added.] 18 of an agent operating without electronic equipment do not in• The Miller decision is easily dis· It should be noted that Rathbun is vade the defendant's constitu• tinguished from the third.party con· not a constitutional decision. The tionally justifiable expectations sent cases previously discussed. Com· Court interpreted and applied a Fed· of privacy, neither does a simul• mon access, use, and control charac· eral statute. Nonetheless, the principle taneous recording of the same terize those cases in which one joint underlying Rathbun, and particularly conversations made by the agent possessor permits the search or seizure the passage quoted above, found ex• or by others frorn transmissions of property incriminating the other. pression in later cases decided on con• received from the agent to whom But a depositor has no joint interest stitutional grounds. the defendant is talking and in bank records. The records belong During the 1960's, the Court had an whose trustworthiness the de• to the bank, and the bank alone may opportunity to review several cases fendant necessari ly risks.... In• authorize their inspection. No consti· which clearly involve the assump• escapably, one contemplating tutional issue is raised. Nevertheless, tion of risk by a participant in a con- illegal activities Olust realize and dictum in the Miller decision tends to

January 1977 29 lend support to the continued accept- or other property and the search is di- v. Johnlon. 321 N.E. 2d 38 (Ill. App. 1974) (aon occupying room in parents' home assumed risk mother ance of the assumption of risk doctrine rected against an absent joint posses- would consent to search of room freely accessible in fourth amendment cases. Justice sor, the searching officer can be con- to both mother and son); People v. Langley. 234 N.W. 2d 513 (Mich. App. 1975) (each joint owner Powell in his majority opinion ob- fident that the majority of courts, fol- and occupant of bedroom and property therein as · served: lowing the lead of the U.S. Supreme sumed risk the other would conaent to seizure by police); Stote v. Peterson, 525 S.W. 2d 599 (Mo. Court, will find that the absent pos- App. 1975) (aon ...ume. risk that father with joint "The depositor takes the risk, access to and control of room rented to son may con· in revealing his affairs to an- sessor has "assumed the risk" of his sent to warrantlesa search thereof) (dictum): In re partner's cooperation with law en- Dwellint Located at 728 Belmont Ave., Charlotte, 210 other, that the information will S.E. 2d 73 (N.C. App. 1974) (tenant in lawful po..ea· be conveyed by that person to the forcement officers. ijl sian may permit housing code inspection of premise. government [citing United States by municipal authorities; owner assumes risk of luch FOOTNOTES conaent); St.te v. Taller. 5~3 P. 2d 348 (Wa.h. App. v. White, supra footnote 15]. 1975) (tenant of apartment assumes risk manager will 45~ 1 Coolid,e T. New Homp.hire. 403 U.S. 443. permit police entry and search of common areas of This Court has held repeatedly 3~7. (1 971) ; K." v. Uni..d Sto.... 389 U.S. 357 apartment complex). (1967). that the Fourth Amendment does u 343 U.S. 747 (1952). • Schneckloth T . Bultomonte. 412 U.S. 218 (1973); 15 The idea that a physical trespass is a necessary not prohibit the obtaining of in- I'ale v. Loui.i.n•• 399 U.S. 30 (1970); Davi. T. ingredient of a fourth amendment violation was reo Uni..d St.t... 328 U.S. 582 (19~6) . formation revealed to a third jected in Kall v. United St.te,. 389 U.S. 347 (1967). 3 W. Pro ..er, L .... of Torta § 55 at 303 (1955). But the independent ground for the decision in On party and conveyed by him to • 39~ U.S. 731 (1969). Lee was recognized by a Supreme Court plurality in • Id. at 740. government authorities, even if Uni..d Stot.. v. Whi... 401 U.S. 745, 750 (1971). a 415 U.S. 164 (1974). 10 355 U.S. 107 (1957). the information is revealed on the 7 Id. at 17l. 1747 U.S.C. 605 (1934). assumption that it will be used • Id. at 171. footnote 7. e Framed in terms of recent fourth amendment 18 Rathbun v. United Slates, supra footnote 16 at only for a limited purpose and doctrine it might be said that a peUOD who shares 1Il. the confidence placed in the third premises with another retaina no reasonable expecta- U In his dissenting opinion in United States v. tion of privacy &I against the co­occupant, that each White. supra footnote 15 at 784-90. Justice Harlan party will not be betrayed." 25 has full and free access to the place jointly occupied. argued that the difference between the possible mis- and thus either may authorize a police cntry to tbe placed confidence inherent in any two·party conversa· ahared premises. See Kat. T. United Statu, lupro tion and that which occurs in third­party monitoring Conclusion footnote l. is substantial and critical. In each situation. there 1·530 F. 2d 145 (7tb Cir. 1976). cert. denied. 48 il an element of risk. but consensual overhearing with· L. Ed. 2d 835 (1976). out warrant is an unacceptable invasion of fourth A consent to search should not be 11 Id. at 149. Other Federal decisions which illus. amendment protection. routinely substituted for a search war- trate the assumption of rilk principle are : United '" Loper v. United St..... 373 U.S. 427 (1963) Stote. v. Novello. 519 F. 2d 1078 (5th Cir. 1975). (bribe offer to Government agent recorded by offeree j rant. But given the proper circum- cerl. denied, 46 L. Ed. 2d 651 (1976) (reDter of un· defendant took the risk. that offer would be accurately stances it is an acceptable alterna- partitioned area of warehouse took his chances that reproduced in court) i HoDa v. United State!, 385 others with equal access would permit entry of law U.S. 293 (1966) (fourth amendment doe. not protect 26 tive. Where, for example, there are enforcement officials): United State. T . Neuille, 516 a wrongdoer's misplaced belief that his conversation inadequate facts to justify the issu- F. 2d 1302 (8th Cir. 1975), cerl. denied, 46 L. Ed. with another will remain private; participant in con· 2d 251 (1975) (defendant who aurrendered po ..e••ion versation may later testify) : D!born v. United State!, ance of a warrant, or where the exi- of trucks to auction company for public sale assumed 385 U.S. 323 (1966) (tape recording taken by a gencies of the situation make the war- risk of official examination): Covernment 0/ Virl;n wired informant and his testimony admissible in Idand, v. Cere.u. 502 F. 2d 914 (3d Cir. 1974), «rt. jury bribery trial; no fourth amendment violation). rant procedure impractical, a consent denied. 420 U.S. 909 (1975) (treap...er ...ume. the 01 401 U.S. 745 (1971). to search would be in order. risk. that owner of property will consent to search) i 221d. at 751­52. Justice White's explanation it United St.t.. v. Pi«. 498 F. 2d 178 (7th Cir. 1974). consistent with the position he took 4 yeArs earlier: Having decided to proceed with a ceet. denied sub nom. Markham v. United Statel, "When one man speaks to another he takes all the consent search, an officer must assure 419 U.S. 1069 (1974) (defendant uaing common ator· riaks ordinarily inherent in so doing, including the age area of warehouse assumed riek that perlon left risk that the man to whom he speaks will make public that he (1) obtains the permission to in charge of fa cility would consent to its search) i what he has heard. The Fourth Amendment does not search from a party in lawful posses- United St.t.. T. M.rtin .., 450 F. 2d 8M (8th Cir. prote­ct againat unreliable (or law.abiding) associatel." ]971) (defendant a..umed risk that owner and joint Kat: v. Uniud States, supra footnote 1 at 363 (foot- sion of the premises or personal prop- user of garage would con ent to police search which note in concurring opinion). Lower courts are in erty; (2) avoids taking any action re­Iutted in seizure of stolen "atchea); United State, agreeme­nt. See, e.g., United State.s v. McMillan, 508 T. Gri,.by. 367 F. Supp. 900 (E.D. Ky. 1973) (em. F. 2d 101 (8th Cir. 1974), cert. denied. 421 U.S. 916 which would adversely affect the vol- ployer who cloakl his employee with authority to (1975) (electronic monitoring by Federal agent of untariness of the consent; 27 and (3) control premises assumes risk employee will consent ddendant's conversation with informant not violative to warrantless search). of fourth amendment where prior consent of informant carries out the search consistent with 12 234 N.W. 2d 105 (Iowa 1975). obtained); Uni..d Stote. v. How.rd. SO·\ F. 2d 1281 any limitations or restrictions im- 11 td. at 107. Allo see th~ following tate d"cisions: (8th Cit. 1974) (wired informant: taped conver..· I'illine v. United Sta.... 297 A. 2d 785 (D.C. App. tions properly introduced into evidence); Unittd posed by the consenting party. Ad- 1972) (tenant of apartment assumed risk cotenant Stau, v. Co,by. 500 F. 2d 405 (9th Cir. 1974) (wired would permit search of apartment areas commonly informant's consent to taping of incriminating can· herence to these simple rules will as- occupied); People v. Stacey, 317 N.E. 2d 24 (Ill. versation with defendant eliminates any constitu- sure admissibility of evidence there- 1974) (husband anumI'd riak wHt' would ('onsent tional problem); Sttphan v. Unittd State.s, 496 F . to search of bedroom, including dres..er drawer to 2d 527 (6th Cir. 1974). cert. denied .ub nom. after seized. whi<'h both had access) i People v. Miller. 345 N.E. March ...ni v. Uniud St..... 46 L. Ed. 2d 88 (1975) Where the consent is obtained from 2d 1 (Ill. App. 1975) (_mploy.,·owner of truck (no fourth amendment "iolation where Federal agent assumed rilk employee·driver would allow officer to overhears incriminating convenation on extension a third person in control of premises check identification number on doorpolt) i People telephone with informant's permission); United Stattl

30 FBI law Enforcement Bulletin v. Bonanno, 487 F. 2d 654 (2d Cir. 1973) ( warrant. " 12 U.S.C. 1829b (d) (1970). 27 The Supreme Court has rejected the argument Jess recording by Federal agents of telephone con• !ri Supra (ootnole 23 at 79. that the State must prove a prior warning of fourth versation wi th consent of infor mant -participant does 00 As ataled in Schneckloth v. Bustamante, supra amendment rights in order to va lidate a consent to

not violate fourth amendment) ; United States v. footnote 2 a t 243 : H • • • the community has a real in· search. Schneckloth v. Busta monte, 412 U.S . 218 Bayn

$50,000 Survivors' Benefits Authorized If Officer Killed in Line of Duty)t;t-/ l The recently enacted Public conduct or voluntary intoxication The Internal Revenue Service"Y\1rv has Safety Officers' Benefits Act of 1976 (due to alcohol, drugs, or other ruled that the S50,000 benefit is not (Public Law 94-430) authorizes the substances) of the officer, or by the subject to Federal taxation. Simi• Law Enforcement Assistance Ad• actions of a potential beneficiary. larly, the act assures it will not be mllllstration (LEAA) to pay a Deaths resulting from occupational subject to execution or attachment. benefit of $50,000 to specified sur• illness or chronic disease are also not The benefit is intended to be in vivors of public safety officers serv• covered by this act. addition to other benefits received ing State, local, and other specified The act applies to deaths occur· by the family of a deceased officer. jurisdictions who have died as the ring from injuries sustained on or It would be reduced only by pay• direct and proximate result of a after the date of its enactment• ments authorized by Public Law personal injury sustained in the line September 29, 1976. However, pay• 90-291*- or certain payments au• of duty. In signing this law, Presi• ments can be made only to the thorized by the District of Columbia dent Ford commented, "This act extent provided for in advance by Code. demonstrates the esteem of a free appropriated funds. Claims are now Claims for benefits under the society for those whom it entrusts being accepted by LEAA; however, Public Safety Officers' Benefits Act with our public and personal safety." should be submitted to the Public no benefits can be paid until an (It is noted that funds supportive Safety Officers' Benefits Program, appropriation is made by Congress. of provisions of this act have not Law Enforcement Assistance Ad• yet been appropriated.) When appropriated funds are ministration, 633 Indiana Avenue In the act, "public safety officer" available and LEAA approves a NW., Washington, D.C. 20531. is defined as "a person serving a claim, the $50,000 will be paid as Claim forms and additional instruc• public agency in an official capacity, follows: tions can be obtained by writing to with or without compensation, as a this address. law enforcement officer or as a (1) If there is no surVlvmg fireman." Among those for whom child of the deceased officer, to *(Public Law 90- 291 pro• coverage is intended are persons the surviving spouse; vides various benefits to any active in enforcement of criminal (2) If there i s a surviving non-Federal officer, or qualified laws or involved in juvenile delin• child or children and a sur• survivors of the officer, if the quency and crime control or reduc• viving spouse, one-half to the officer is injured, sustains dis• tion endeavors. This includes, but is child or children in equal shares ease, or is killed under certain not limited to, police, corrections, and one-half to the surviving conditions relating to a Federal probation, parole, and judicial offi• spouse; crime or Federal criminal pro• cers. R egarding fIremen, coverage (3) If there i no survlvmg ceeding. Further information on also extends to those who are these benefits and filing pro• officially recognized or designated spouse, to the child or children m embers of a legally organized of the officer in equal shares; cedures is available from the volunteer fire department. (4) If none of the above, to Office of Federal E mployees' No benefit is to be paid if death the dependent pa rent or parents Compensation, Washington, is caused by the intentional mis- of the officer in. equal shares. D.C. 20211).

January 1977 31 with " HELEN" on right fore· arm, eagle on WANTED BY THE FBI left upper arm, "KIKA" across fingers on left hand. Remarks ______May be wearing full beard and shoulder length hair. Social Security No. used _____ . 525-70-6328. FBI No. ______436,931 B. Fingerprint classification: o 31 W 110 I 32 W OIl 14 NCIC classification : POPIDIPOPOPIDOPIPIl4 Caution Martinez, an alleged narcotics user, is believed to be always armed. He should be considered armed and dangerous.

Right index fingerprint.

Photographs taken 1972.

AMADEO MARTINEZ, also known as Amadeo R. Martinez, Ametheo Martinez, Amo Amadeo Martinez, Amo Martinez, Amos Martinez.

Interstate flight To Avoid Prosecution for Murder

Amadeo Martinez is presently Description being sought by the Federal Age ______43, born Decem· Bureau of Investigation for un· ber 14, 1933, lawful interstate flight to avoid Chimayo, prosecution for murder. Mex. (not sup· ported by birth records). The Crime Height ______5 feet 8 inches. Notify the FBI Weight ______160 pounds. Martinez allegedly shot and Build ______Medium. Any person having informa· killed a private security guard Hair ______Black. tion which might as ist in locat· who had confronted him and an Eyes ______Brown. ing thi fugitive i reque ted to Complexion ___ Medium. notify immediately the Director accomplice as they were in the Race ______White. of the Federal Bureau of In· process of stealing tires from a Nationality ____ American. business establishment in Epa. Occupations ___ Barber, construe· vestigation, U.S. Department of nola, N. Mex. A Federal war· tion worker, Justice, Washington, D.C. rant was issued on December 5, laborer. 20535, or the Special Agent in 1973, at Albuquerque, N. Mex., Scars and Charge of the nearest FBI field Marks ______Tattoos: sheep office, the telephone number of charging Martinez with unlaw· with "AMA· ful interstate flight to avoid DEO" on upper which appears on the fir t page prosecution for murder. right arm, bird of most local directories.

32 FBI law Enforce ment Bulletin

\1, S. CO\'EH. "'IF "1" I'IHr\TI. C 01 Fiei' : q7j 0 - 224-255 FBI LAW ENFORCEMENT BULLETIN

FOR CHANGE OF ADDRESS ONLY-NOT AN ORDER FORM

Complete this form and return to:

DIRECTOR

FEDERAL BUREAU OF INVESTIGATION 1V ASHIKGTON, D.C. 20535

(Name) --(Title)

(Add,-e88)

(Oity) (State) (Zip Oode)

CONCEALED WAISTBAND POCKET

Recently, it was learned that a garnllier habitually carried a small piece of paper bearing information vital to his operation in a pocket-like area in the waist• band of his trousers behind the belt bucIde (see photograph above). The seam at the top edge of the pants, above the zipper, was slit open creating a pocket behind the area where the buckle rests and r-.nning parallel to the top edge of the trousers. By folding a sheet of paper lebgthwise, it could be slid into this pocket, safely concealing it from any but the m~st careful of searches, and yet, making it readily accessible to the gambler. UNITICD STATES DEPARTMENT OF .JUSTICE FEDERAL BUREAU OF INVESTIGATION WASHINGTON. D.C. 2011811 OFFICIAL BUSINESS

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