LAW ENFORCEMENT BULLETIN

LAW ENFORCE""ENT BULLETIN DECEMBER 1971

VOL. 40 NO. 12

THE COVER-1971 in review. See Index begin• ning on page 29_ - LAW ENFORCEMENT- BULLETIN CONTENTS Message From Director J. Edgar Hoover 1 How Sound Is Your Police Lineup? by Mahlon E. Pitts, Deputy Chief, Metropolitan Police Depart• ment, Washington, D.C. 2 Let's Put the Smut Merchants Out of Business, by a Hon. Winton M. Blount, Former Postmaster Gen- ,., eral U.S. Postal Service, Washington, D. C. 7

Observations on Seminar on FBI 11 A Concentrated Robbery Reduction Program, by Sgt. Patricia A. Lamson, Police Department, n~~A~ 16

Search Incident to Arrest-Constructive Possession, by Donald J. McLaughlin, Special Agent, Federal Bureau of Investigation, Washington, D.C. 21 Published by the FEDERAL BUREAU OF INVESTIGATION Investigators' A ids . 28 UNITED STATES DEPARTMENT OF JUSTICE Index to Articles Published During 1971 29 Washington, D.C. 20535 Wanted by the FBI . 32 MESSAGE

FROM THE DIRECTOR • • •

. . . To All Law Enforcement Officials

AN INCREASINGLY SERIOUS PROBLEM facing "higher revolutionary justice"­ a term which American law enforcement today is the urban can be translated as "destruction of all who guerrilla­ the individual who for reasons of disagree with his interpretation of society." revolution, social disruption, and the hatred of The power which the urban guerrill;l can wield our democratic institutions uses violence to (and on occasions has wielded) is terrifying. An destroy. anonymous bomb threat can disrupt industrial Almost daily the news media carry accounts production, close down airports, schools, and of bombings, arsons, and physical attacks against public buildings, and disrupt the lives of thou- police which give every indication of being the sands of citizens. In fact, the urban guerrilla, work of the urban guerrilla: whether he be a New Leftist Weatherman, a member of the Black Panther Party or the ­A bank is firebombed; Pro­Maoist Revolutionary Union, or some other ­A bomb explodes in a Government type of extremist from either the right or left, building a few minutes after an highlights a basic fact of society which we anonymous telephone call warns of simply cannot overlook; namely, the destructive an explosion; potential of the fanatical few. ­A military installation is burned; ­The offices of a private company As our society becomes more complex, indus- having military contracts are trial, urban, and interrelated, the greater will "trashed" (burglarized) and files become the power of a fanatical minority­one, mutilated, destroyed, and stolen; two, or a mere handful­if it so desires, to dis- the next morning comes an anony- rupt, inconvenience, destroy, and endanger the mous letter saying that the files have rights, lives, and property of others. The urban been "liberated"; guerrilla, operating as he does from an under- ­An explosive device (often crudely ground of stealth, which includes bomb factories, constructed) is secreted in a police paramilitary training of members, hideouts, precinct station or officers become sanctuaries for criminal fugitives, and escape the object of sniper fire. routes, is not, as some would believe, a romantic adventurer whose "excess zeal" will soon wear Today's urban guerrilla is a new type of crim- away! inal. considerably different from the old­line, traditional hoodlum. thief, and robber. His aims The urban guerrilla is a clear and present are not primarily loot or selfish gain (though danger­ not to law enforcement alone, which there are instances of this), but revolution- must directly face his bitter and diabolic violence, that is, the overthrow of our democratic institu- but to the entire Nation. If this mentality of tions. He rejects our law, our system of courts, extremism continues to grow, the future of our our constitutional principles in the name of a society based on law will be gravely impaired.

DECEMBER I, 1971 " ... we see no telling variation from Collins' ap• pearance, in the dress, age, height, weight or other features of those in the lineup, as would mark him as a nonconformist. Nor was he so positioned in the line as to disclose his part in the cast; nor was there taint by hint or other sign to the witnesses for their choices. In short, nothing about the assembly de• prived the accused of due process. " In the 3 years since our department drew up uniform procedures for con- ducting police lineups, we have not had a single case dismissed for a bad or suggestive lineup identification_ In fact, the courts in several decisions have praised our lineups, upholding convictions that defense attorneys had How Sound sought to reverse. It was the U.S. Supreme Court that originally jolted us into reevalu. our old procedures. On June 12, 1_ Is Your Police Lineup? the Court decided three cases, all con· cerned with the pretrial identification of suspects. In the first two, Umted States v. Wade and Gilbert v. Cali· fomia, the Court held that a defendant was entitled to the presence of counsel By at a lineup. In the third case, Stovall v. MAHLON E. PITTS Denno, the Court criticized a "one Deputy Chief, man lineup" and limited use of such Metropolitan Police Department, procedure to emergency situations. Washington, D.C. None of these decisions categori- cally stated that an unfair lineup would cause the exclusion of subse- quent in­court identification­but the prosecution, in such a case, would have to show that the courtroom iden­ ... tification did not rest on the earlier confrontation of suspect and witness. The Court made half of our job easy. It told us what was wrong with many of the pretrial identifications made under our auspices. But the

2 FBI Law Enforcement Bule A supervising officer gives suggestions to other officers who hel p demonstrate how defendants may be arranged for a lineup. Court did not issue any rules or in• been charged with the attempted rob• including one-to-one confrontations structions on how we were to conduct bery of a liquor store in southeast as well as actual lineups. The courts our lineups in the future to insure Washington, D.C. After being taken had decided, in general, that a suspect that cases would not be thrown out for into custody at 2 p.m., they were held could be returned to the scene of a bad identifications. Nevertheless, we for a series of lineups that afternoon, crime for a one-to-one identification decided after Wade, Gilbert, and that evening, and the following morn• if the crime had just occurred and the Stovall that some such reorganization ing before finally being taken before suspect had been apprehended close was called for. a magistrate on the original charge. by. We had no way of knowing just Here, the fairness of the lineups them• how much time lapse would be allow• Investigative Function selves was not questioned; instead, able, but together with the U.S. Attor• the court of appeals ruled that the use ney's Office we decided to establish an Before, lineups had been basically of the period between arrest and pre• hour as the outside limit. a police investigative function. If a sentment for purposes unconnected • suspect was arrested for a liquor store with the original charge was "... to Uniform Procedures robbery, for example, the arresting hold in custody for investigation only, officers might arrange to have him and that is illegal; its operative effect We drew up a departmental order viewed by witnesses to other unsolved is essentially the same as a new arrest outlining the steps officers would take liquor store holdups. This is exactly and, if not supported by probable when arresting suspects soon after what happened in Adams v. United cause, it is an illegal detention." the perpetration of a crime. The order " States, another decision on the sub• Thus, we began to reorganize our also provided that if either the suspect ject of lineups. Three suspects had procedures for pretrial identifications, or the witness was hospitalized in crit•

a mber 1971 3 iting defendants from changing their appearances. The arresting o. were charged to see that this was complied with and were to report any violations. When an officer did note such a change, the defendant was photographed separately and a report of his action sent over to court. Occasionally, we had trouble keep• ing witnesses separated from defend• ants. Encounters sometimes took place in the corridors before or after lineup, giving a defendant the opportunity to threaten or harass a witness. Lineups were also taking far too much time, dragging on as late as 11 :30 p.m. Some of the delays were attributable to the problem of getting defendants to stand as directed on the line. Pro• tests from defense attorneys also de• layed the proceedings.

Constructive Changes

Such protests, however, occasion· The officer in charge explains procedures to witnesses prior to the lineup. ally helped us to conduct our lineups more fairly. One defendant's lawyer ical condition, a confrontation could fore a judge or U.S. Magistrate. Then, raised the question of whethe. e be arranged at the hospital. Under no with court approval, the defendant police officers present at a lineup e circumstances was such an identifica• and defense attorney would be noti• free to leave the room at any time. tion to be made inside any police fa• fied of the time and place. If still in Advised that they were, he asked what cility. This, the courts had decided, custody, the defendant would be trans• would stop them from instructing was by its very nature suggestive. ported to police headquarters by U.S. their witnesses on which suspect to On the broader question of line• Marshals; or, if on bond, he would point out. We have no reason to be• ups, we met with representatives of be directed to report to the robbery lieve this ever happened, but to elim• the U.S. Attorney's Office to draw up squad offices by 6 :30 p.m. of the eve• inate the possibility, we have changed some guidelines. First, we decided that ning in question. our rules. Now no officer leaves the an individual officer or branch of the room until the lineup has been completed. force would no longer be authorized Initial Problems to conduct a lineup. All of our lineups When defense attorneys started at• would be organized out of a single Some of our lineups, as we began tending (a responsibility some of office (the robbery squad was first to implement the new policies, were them initially resisted), we entered a chosen for this responsibility) and fairly hectic. A few prisoners removed whole new field of adversary proceed• under uniform procedures. And, we their clothes. Others just refused to ings and invented what might be would no longer be sending defend• stand in the line. Another difficulty called the "lineup shuffie." ants to lineup between arrest and was that defendants were changing To begin with, each attorney is arraignment. their appearances- by shaving their asked if he approves of the position Instead, the arresting officer would heads if they had been arrested with given to his client on the line. If he • discuss the need for a lineup with the a large bush.type haircut, or by re• disapproves, then he can suggest an Assistant U.S. Attorney and, if one moving beards and mustaches. To alternate and, perhaps to his mind, a A was deemed necessary, a court order combat this, the court added to the less incriminating place. Of course, would be drawn up and brought be• standard lineup order a clause prohib• the next defendant's attorney• n

4 FBI Law Enforcement Bu.n largely undo this work by again shift• shirt, or wearing a darker color shirt; over copies of the forms ordering at• . the order. But usually after half the list is endless. We go right on mak• tendance by the respective defendants • ur or so we are able to freeze the ing adjustments to suit-to a point, and their counsel, and we draw up a line-if not to everybody's satisfac• that is. list for the evening's lineup. Some• tion, at least with a bare minimum Ultimately, the lineups are the joint times these lists have as many as 38 of protests to be noted for future domain of police and prosecutor, and names. Since the court has unofficially reference. if a defense counsel objects, for exam• set the size of a lineup at from eight Neither the law nor the courts have ple, to our directing his client to stand to 12 persons, this means we may be directed that defense counsel should a certain way, or dress a certain way, running two or three lineups on a have these privileges. We feel, how• or speak certain words, we draw the single evening. ever, that by allowing as much lee• line. The courts have expressly per• way as possible, and by registering mitted us this leverage if a witness Role of Witnesses all complaints, we protect against later feels he can make a positive determi• defense efforts to have a case dis• nation only after seeing the suspect as After surveying the list, our lineup missed for an allegedly suggestive or he saw him originally. No amount of officers assign each defendant a num• prejudicial lineup. defense protest will cause us to con• ber, the same number he wears in the cede use of this procedure. line. Then a lineup sheet is prepared Adjustments-To a Point Our department's police lineups are for each witness with a space at the held on Tuesday and Thursday eve• bottom to record his testimony. With almost every lineup we con• nings and begin at 7 :30 p.m. Defend• Before the defendants are brought duct, some defense lawyer presents a ants are ordered to appear no later onto the lineup stage, the officer in new objection-his client is standing than 6:30 p.m., and witnesses no ear• charge gives a brief opening talk to next to someone who is shorter than lier than 7 p.m., enabling us to keep all attending witnesses. He explains he, or taller than he, or the same them apart. how the lineups will proceed and what height, or wearing a lighter color In midafternoon, the court sends is expected of the people who view

Witnesses view the lineup independently in this room. them. He makes clear, for example, each viewer to state his connection question. Finally, in cases with mul• that if a witness feels uncertain about with the offense. tiple defendants, the witness rna. one or more of the defendants before "Sir, on the 22d of October, 1970," asked if there is any other pers. him, he should not feel pressured to the question might run, "were you a the lineup room whom he can identify say something definite one way or the witness to or a victim of a robbery?" as a participant in the crime. The wit• other. A witness may say he is "sure" The viewer will generally answer, ness is then escorted from the room, No.1 robbed him and "thinks" No.5 "Yes." and the next witness brought in. And was also involved, and this testimony "Directing your attention to the the cycle repeats itself_ will be noted exactly as given with stage, can you identify anyone that both the defense counsel and arrest· committed this offense?" New Section ing officer present to confirm the word· The viewer will examine the people ing. Witnesses are also advised in the on the stage, possibly request that In March 1971, responsibility for opening talk that they are to view the they turn in a certain direction, and conducting lineups was moved from lineup independently and are cau· then say "yes" or "no" or something the robbery squad to a newly created tioned not to communicate afterwards in between. This will be recorded ex• special lineup section staffed with the with other witnesses in the same case. actly as the witness words it. same detectives who had been manag• Lineup officers take precautions to see Then the officer wiII ask the viewer ing the lineups since 1968. This line• that these instructions are adhered to. to identify the proper suspect by num• up section was made part of the major ber, if he has answered yes to the last (Continued on page 25) Lineup Photographed

After the opening talk, witnesses are asked to leave the room and pro• ceed to an area where they will re• main until called, one by one, to view the lineup. The assigned numbers are placed on the defendants, and they are brought onto the stage and ar• ranged in numerical order. Then a representative from the U.S. Attor• ney's Office takes over and begins the process of adjusting the order accord• ing to the complaints and suggestions of defense counsel. After each attor• ney is heard, the U.S. Attorney, or his assistant, notes all the objections or, if none, the fact that .the attorney is satisfied. And when the order se• quence has been fixed, the defendants are photographed for a permanent visual record of the lineup. Then the officer in charge calls the first witness and the lineup begins.

Standard Questioning

In order to avoid the accusation that we may have given a witness some subtle indication of the proper sus• pect, we have developed a standard series of questions for the lineup. To begin with, the officer in charge asks The sound, lighting, and recording systems are controlled from this console. e 6 FBI Law Enforcement Bullettn "In the shadow of the provision that Congress shall 'make no law . . . abridging the freedom of speech or of the press,' the dirt merchants have erected a multimillion-dollar empire dedi• cated to, andpredicated on, human degradation. "

By HON. WINTON M. BLOUNT The first thing that must be under• Former Postmaster General, stood about smut is that it is a U.S. Postal Service, business. Washington, D.C. It is a very large business because, though it requires limited capital, it permits enormous markups and therefore enormous profits. Accord• ing to a recent news article, a $2 reel of 8 mm. color film will sell for $40 as pornography. Let's Put the The profits are so high, in fact, that . the cost of almost any conceivable legal difficulties under present laws can be included as a virtually negligible MUT part of the already rather negligible overhead. Pornography is profitable, finally, because it appeals to human weakness MERCHANTS in ways which are difficult to define in law, and in a time when the ques• tion of civil freedoms-including the freedom of self-abasement-is under• going lengthy reexamination by Out of Business* opinionmakers in America. I have faith in the ultimate good sense of even the leaders of America's periodic fads in what passes for thought. But on the evidence alone, I * (c) 1971 Nation's Business the Chamber of Commerce of also believe the pornographers can the united States. This article was prepared for and appeared make maximum use of this period of confusion in American jurisprudence. in the September 1971 issue of Nation's Business prior to A great deal of conceivably irre• i\,fr. Blount's resignation as Postmaster General. It is re• versible damage is being done to the printedfor Bulletin readers with the permission of Mr. Blount quality of American life. The ultimate and Nation's Business. irony, of course, is that it is being done under the protection of the first amendment to the Constitution, orig•

er 1971 7 inally conceived as the ultimate de• ally adverse effect of pornography on centuries on this continent. fense of social, cultural, and political the young inevitably emerges as a So pornography is not simp. quality in American life. central issue. threat to the best interests of In the shadow of the provision that Ultimately, however, the effect on children. It is an act of violence Congress shall "make no law . . . children is not the real question. The against the human spirit. abridging the freedom of speech or of real question is, or ought to be, the Nevertheless, it is being proposed the press," the dirt merchants have effect of pornography on any human with disturbing frequency that por• erected a multimillion· dollar empire being, and on the civilization of nography be legalized. dedicated to, and predicated on, hu• which each human being is a member. The arguments of those who favor man degradation. such a course are numerous and, fre· America's postal system has been What It's All About. quently, specious. One of the most used as a major link between the pro• compelling, and least credible, is the ducers of pornography and their If we consider for a moment those argument that censorship of por• buyers. values which underlie our country's 910graphy violates the first amend• The number of dealers in mail• institutions, we find that what America ment's prohibition against interfer• order pornography has increased in is all about can be summed up in two ence with freedom of speech and of recent years to something over 400. words: Human dignity. the press. Of that number, however, only about We seek freedom for our people be• If this prohibition were absolute, 20 at anyone time are considered ma• cause freedom is the condition most the argument would be sound. But first jor dealers. These are big.league op• conducive to human dignity. For the amendment freedoms are not absolute. erators, who use direct-mail advertis• same reason we seek security and It was Justice Oliver Wendell ing on a scale comparable to the prosperity; poverty crushes the hu• Holmes who pointed out that the first Nation's large mail· order houses. man spirit. amendment would not protect a man They regularly send 2 and 3 million At our best we honor diversity• who falsely shouted fire in a crowded advertising pieces into American because the right to be what he theater. Such an act created the sort of clear and present danger that Con• gress has not merely the right, but the obligation, to prevent. A " ... the President . .• has asked Congress to make it In a different way, but to the s. a Federal crime to put into the hands of anyone 18 years effect, we have laws against libel old or under sex materials that are unsuitable for people which make freedom of the press rel• of that age; to make it a Federal crime to exploit a prurient ative-not absolute. interest in sex through advertising; and to broaden the The argument that pornography ability of the homeowner to prevent sexually oriented cannot be censored without destroy• advertising material from entering his home through the ing our civil liberties is fundamentally mail." wrong. We have censored pornog• raphy since the Nation was estab• lished, and there is no evidence of adverse effect on our civil liberties. homes during an advertising chooses, to act and live as he chooses, There is the argument that we can• campaign, frequently with little or is vital to the dignity of the human not be sure pornography has an effect no discrimination as to the recipient. being. on children. But if we are to take this As a consequence, young children are As a people we believe each man seriously, we then must ask if any commonly subjected to printed and has a spark of divinity within him; book-if any picture-has an effect graphic matter of the vilest sort. we accept the sanctity of the human on children. Indeed, such a position However liberal or permissive the spirit and of the human body. And questions the effect of education itself, protagonists in the pornography issue, as we preserve and sustain these, we for education asks that a child respond it is rare to find anyone willing preserve and sustain human dignity. to what he is exposed to. to argue that smut has a salutary in• As we violate these for sensation or Just in the Beholder's Eye? fluence on impressionable minds. To for profit, we act against the dignity of the contrary, in any discussion of the man, and against all that we have At the risk of appearing simplistic, problem of pornography, the potenti• struggled to build for more than two when we suppose that a good •

8 FBI Law Enforcement Bulletin has a good effect on a child, must not Which came first­the porno- ergy which might otherwise he ex- concomitant supposition be that graphy or the practice? pended in some objectionable manner. • ad book has a bad effect? There is a pornographer who uses The libertarian retort to reasoning preteenage boys in lewd poses for his Fishy Report From Denmark of this nature is that it contains a value productions. He has previous sodomy judgment. The accusation is that filth convictions; the record shows a his- The logic of this position would re- is in the eye of the beholder and that tory of indecent behavior with chil- quire that sex crimes should go down those who think pictures of people dren. as the availability of pornography making love are "dirty" must be peo- ple with dirty minds. Without violating the purity of that touching a bit of naivete, let me make "Pornography is a symptom of decadence. This is the it clear that "people making love" is judgment of history. Civilizations, from ancient Rome to not what pornography, circa 1971, is Germany in the 1930's, have turned in their decline to all about. The material in question sensationalism, to exploitation of man's sexual nature, involves graphic and literal depictions and to indifference to his humanity. of beatings and other torture for sex- "We are not taking this road." ual gratification, mass fornication, and bestiality­to name just part of what is under consideration here. This dismal catalog is by way of in- dicating that we are not concerned Is there a cause and effect relation- goes up. All the evidence indicates here with "September Morn," but with ship here? And is it necessary to this doesn't happen. the most vile, distorted, and degraded establish a cause and effect relation- It is well known that Denmark has representations of abnormal and de- ship before we can agree that he lifted certain restrictions on pornog- humanized behavior. shouldn't be producing pornography raphy. This has had a dual effect on Are we then willing to accept­in with children­or with anyone else, the United States. It has, on one hand, service of a specious argument for that matter? substantially increased the flow of por- • ut the limits of civil liberty­the We have the couple who used nographic material coming into the argument that we cannot be sure pornographic material to seduce a country. And it has, at the same time, pornography has an effect on chil- young girl. Was pornography a criti- increased the pressure from propo- dren, and that therefore it ought not cal factor here? Or would the seduc- nents of the legalization of pornogra- to be prohibited? tion have occurred anyway? phy in America. We have the argument that there These are things we are told cannot Those who argue for legalization is no evidence that pornography has be determined. I find that difficult 10 make the claim that there has been a an adverse effect on adults. While it believe, but perhaps it is true. If so, it drop in the sex crime rate in Denmark. may be difficult to establish a cause is because research looks for an The evidence suggests that this is and effect relationship between an absolutely scientific precision in mak- largely a statistical trick. Pornogra- antisocial act and an avid interest in ing a determination. phy used to be a crime there and now pornography, it is certainly possible In the clinical context, that is it isn't. Therefore the crime rate to suggest that an inclination toward proper. But the potential effect of dropped. antisocial behavior may be reinforced pornography is not solely of scientific Statutory rape used to be a crime and even encouraged by pornography. consequence. And the decision to have there; now it isn't. So this contrib- In the course of investigating and it or not to have it is not properly a uted to the drop in the crime rate. prosecuting cases for illegal use of the scientific decision. This is a matter of Minor crimes, such as indecent ex- mail, the Postal Inspection Service is social, political, and cultural conse- posure, are scarcely even reported. constantly exposed to those who traffic quence. The "crime rate" argument is a in pornography. We find those who Some have seriously argued that misleading and foolish bit of whimsy. enjoy pictures and stories of sadistic pornography may have a beneficial Postal officials have gone to Denmark behavior and masochistic behavior effect. This is the theory of catharsis; and talked to the authorities there and and who indulge themselves in this it maintains that pornography pro- found the real sex crime rate has not _ avior. vides a harmless outlet for sexual en- dropped.

~ cember 1971 9 Finally, in the past decade, some big business. So we have to find a way great deal of effort into this battle, of our courts have been persuaded to reduce the profits of that business and we are having some success. e that the virtual impossibility of de• and make it impossible for it to oper• fining pornography precisely is suffi• ate at any price. The President's Program cient reason for granting absolute At this point the matter remains in license. contention, but we are making prog• In addition, the President has But there are few, if any, precise ress in the courts against pornogra• thrown the full weight of his office definitions in Western jurisprudence. phy, and the Postal Service has been into the struggle. He has asked Con• What mathematical formula identifies a key factor in bringing these cases gress to make it a Federal crime to a "preponderance" of the evidence in to the courts. put into the hands of anyone 18 years a civil suit? At what precisely de• The U.S. Supreme Court recently old or under sex materials that are fined point is guilt established beyond handed down two important decisions unsuitable for people of that age; to any "reasonable doubt"? And what in this area. In the first case (U.S. v. make it a Federal crime to exploit a is a reasonable doubt? What is an 37 Photographs), the court upheld the prurient interest in sex through ad• unreasonable doubt? constitutionality of a customs statute vertising; and to broaden the ability There is a problem here, certainly. that provides for the forfeiture of ob• of the homeowner to prevent sexually We are giving fallible men the re• scene materials coming into the coun• oriented advertising material from sponsibility for making judgments try from abroad. In the second (U.S. entering his home through the mail. that go to the heart of our democratic v. Reidel), the court again upheld Now Congress has begun to re• freedoms. the constitutionality of the Postal Ob• spond; it has passed legislation that enables homeowners to protect them• But it is difficult to suppose that, scenity Statute, which makes it a Fed• selves from unwanted sex-oriented ad• by weighing the content of a work eral crime to send obscenity through vertising, and it is, we hope, going and the apparent intent of its creator the mails. to enact the remainder of the Presi• and purveyor, we cannot tell what is dent's legislative requests in this area. pornography and what is not. And But the deciding factor is going where we cannot tell, then let the to be the American public. If the peo• presumption be in favor of the con• "So pornography is not tested work, and we will still be ade• simply a threat to the best ple decide against pornography,. quately protected. interests of our children. It can do away with it. If we refus. patronize the pornographer, we can The tunnel vision which puts the is an act of violence against put him out of business. Movies show focus of the defense of pornography the human spirit." violence because it shows a profit. on the first amendment to the Consti• They show cheap sex because it shows tution obscures the larger purpose of a profit. It is the same with all media. the Constitution, which is stated at the If it isn't profitable, it doesn't play. very outset: "We, the people of the This is the same statute under which I am not suggesting a witch hunt. United States . . . in order to . . . a notorious California dealer in por• It is certain that a lot of heavy• promote the general welfare ... do nography was convicted in 1968. He breathing crusaders are waiting in ordain and establish this Constitu• filed an appeal, however, and con• the wings for the call to arise. tion...." tinued his mailing. The Postal Service I think we can, and must, do this If there is anything conducive to developed new evidence and he was job without bringing the lunatics and the general welfare in the common indicted again in September 1969. smear artists out of the woodwork. availability-or, more precisely, the Last September [1970], in a signifi• general unavoidability-of the most cant victory against pornography, the Pornography is a symptom of dec• repulsive filth imaginable, it escapes Court of Appeals of the Ninth Circuit adence. This is the judgment of his• me. It apparently doesn't escape some Court in San Francisco upheld the tory. Civilizations, from ancient Rome of our courts, unfortunately. 1968 conviction. In February of this to Germany in the 1930's, have turned year, the man was convicted on the in their decline to sensationalism, to exploitation of man's sexual nature, Not at Any Price second indictment. He now faces a total of 7 years' impri onment and and to indifference to his humanity. Perhaps the single greatest contrib• 67,500 in fines against him and bis We are not taking this road. utor to the problem is that fact cited corporation. America has a covenant with the at the outset: pornography is a very So the Postal Service i putting a future. We are going to keep it.

10 FBI Law Enforcement Bulletin Observations on Seminar on FBI

EDITOR'S NOTE- Recently, Mr. Duane Lockard, Department of Politics, Princeton Uni• versity, Princeton, N.J., invited Director Hoover to send a representative to a conference on the FBI conducted by the Woodrow Wilson School of Princeton University in collaboration with the Committee for Public Justice. We think Mr. Hoover's reply will be of interest to law enforce• ment executives for obvious reasons, one ofwhich is that he states in more detail than usual his views on the philosophy by which a law enforce• ment agency should be administered. These views obviously are the result of many years of experi• ence and many battles necessarily fought, some won and some lost. We think our readers might be interested in them. Mr. Hoover's letter appears on the next page.

. e 11 OFFICE OF THE DIRECTOR Basically, our position is that the FBI need tailor no special "defense" of its own for this occasion. The b_ U.S. DEPARTMENT OF JUSTICE facts on how the FBI is organized and how it discha"w FEDERAL BUREAU OF I VESTIGATION its duties have been so well known for so long, and WASHINGTON, D.C. 20535 to so many responsible persons, that they are obvious to all except those who are so blind that they do not wish October 7, 1971 to see. Mr. DUANE LOCKARD, Department of Politics, The duties assigned to us seem as good a place as any Princeton University, to start. We are well aware that some complain of these, Princeton, NJ. 08540 claiming infringement on what they contend to be their rights and liberties. There are bank robbers who believe DEAR MR. LOCKARD: Thank you for your letter of that we should not investigate bank robberies, and thieves September 28, 1971, extending to me an invitation and others charged with crimes after investigation who for a representative of the FBI to "strongly defend condemn us in court and out. More recently there are the Bureau and its role" during the forthcoming Octo• those who bomb, riot, and destroy both human life and ber conference which will, in your words, focus "pri• property for what they claim to be more sophisticated marily on the Federal Bureau of Investigation." We reasons and who resent our investigations as an intru• were aware of the plans for the conference, having read sion into what they esteem to be matters of their own the announcements in the press, and some related re• conscience only. We frequently are the targets of per• marks, critical of the FBI, attributed to persons who sonal abuse, of the most vile invectives at the command apparently will be among the "judges" hearing this of both the totalitarian right and the totalitarian left. case. For example, the press reported, and attributed to Yet, neither these nor those who appear to sympathize persons who appeared to be both spokesmen for your with them seem willing to publicly admit the basic and group and "judges" at the inquiry, that "... the study obvious fact that our investigative duties are not of our could be criticized as being stacked against the FBI," own choosing. They were delivered to us, with the re• that the FBI is not a "disenthralled seeker of truth," and quirement that we take all necessary action, by laws that "the FBI for reasons I find unfortunate became passed by the Congress and by rules and regulations II ideological some time back and this put a scale over its down by the President and the Attorney General. We eyes." forever in the unenviable position of the policeman While I should like to believe that the correlation being assaulted by the mob. He neither enacts the law between your own words casting us in the role of a nor judge the legality of it, but it usually is he, and he defendant and the critical remarks made by some of the alone, who must dodge the brickbats hurIed by those "judges" before the factfinding inquiry had even begun protesting against it. Any genuine factfinding inquiry is one of pure coincidence only, you will understand from concerning the FBI will admit and underscore these facts. that coincidence why I immediately recalled with some In performing the duties assigned to us, we are not amusement the story of the frontier judge who said he at all a law unto ourselve a some of our critics would would first give the defendant a fair trial and then have the American people believe. There are many who hang him_ monitor us in some way or other; they are a system of We acknowledge and appreciate your invitation to checks and balances on the manner in which we perform "defend," but we are declining in view of our serious our duties. Senators and Representatives are interested doubt that any worthwhile purpose could be served by in how we work. They are free to expre s their interest an FBI representative attending an inquiry casting him and they often do so, individually or collectively. We in the role of defendant before even the first fact is must inve tigate our ca es to the sati faction of the De• brought out, and condemned by the "judges" before partment of Justice, and within the context of such trial begin. It imply is a king too much that any FBI rules as it lays down for u . Our work must satisfy the representaLive appear personally under those circum• .S. Attorney, who makes an independent decision on stances. For that reason I shall try to explain briefly in whether the case we bring before him will or will not be this leLter some of the facts of the FBI "defense," hoping prosecuted. The U.S. magistrate exercises a supervisory that they will be considered material during the delibera• authority to accept or reject the adequacy of our reasons tions of your group and in any public reports which you hown for asking for an arrest warrant or a search war• may issue later_ rant. Our cases which pa the in pection of our moni'e

12 FBI Law Enforcement Bulletin up to this point then go before the Federal courts in the all should be polled and all should be reported openly uncounted thousands. I am sure you will agree that our and completely. Honest factfinding admits of nothing ek is carefully evaluated in those forums. less. If the FBI, investigating a criminal case, were to In sum, we say that there are many who exercise some bring a witness against the accused and in any manner official vigilance over the manner in which the FBI per· deliberately hide the many who would testify in his forms its duties, that they are to be found in each of the favor, you would be outraged and justifiably so. We three branches of Government, and that our performance would feel a sense of outrage at similar conduct directed has won the approval of the great majority of them. If against us. The technique of making one dissenter appear your group doubts that the FBI has performed so well, to be representative of a large group which, in fact, is we suggest a factfinding poll of all living Presidents, At• not in agreement with him is a technique of deception torneys General, U.S. Senators, U.S. Representatives, and one which any court of inquiry ought to abhor. U.S. attorneys, U.S. magistrates (and former commis• I have been speaking of the fact that we try hard to sioners), and Federal judges, with all questions and all merit the approval of the many who officially monitor answers spread upon the public record so that the people our work, and apparently with a reasonable degree of of this Nation might see for themselves. Perhaps we are success. We do more than that; we try to improve the mistaken, but we do believe that if this were done the investigatory process in those areas in which we are al• "defense" of the FBI would be made by others highly lowed some discretion. Examples of our innovation in qualified, and that it would be one on which we could this direction are in the public record and should be rest our case. among the facts of official interest to your group. I shall If it be thought inappropriate to question some, such call a few to your attention. as the Federal judges, because they must remain impar· For centuries the common law which we brought with tial at all times, your group could accomplish the same us from England has held that an officer lawfully may factfinding results by conducting a review of all re• shoot a fleeing felon to prevent his escape. We found ported Federal court decisions in cases investigated by that power unnecessary for our particular purposes, and the FBI during the past decade, or as far beyond that as rejected it. The FBI rule now is, and long has been, that you wish to go to make certain that your study has the a Special Agent or other FBI officer may shoot only in ~ necessary depth. You can list and cite for public view self-defense or the defense of others. If the observance such decisions, caIIing particular attention to those of this rule allows a fleeing felon to escape, we hope• I which the courts have disapproved our action, and fully will apprehend him another day. The rule innovated showing the percentage of those cases against the total by the FBI, on its own initiative, raises the sanctity of ' of aII that we have brought to the courts. I assume here a human life a notch above that required by the law. that you would also call public attention to those deci• We consider this to be significant and hope that you sions in which the courts have spoken well of FBI work. agree. Further, we suggest that you consider, and report on, the Miranda Rule, the MaIIory Rule, the Jencks Rule, the We have innovated improvements in other areas. Dur· rule on fair lineups, the arrest and search and seizure ing the past decade, Presidents, Governors, Attorneys requirements of the fourth amendment, and all the many General, legislators, and others have emphasized the other rules laid down for control of the Special Agent need for police training and education. The FBI saw or other law enforcement officers investigating a crimi• that need a long time ago. Our FBI National Academy, nal case. You will find that we have set an exceIIent rec• a 12-week course for selected police officers from States, ord for obedience to them. With relatively few exceptions counties, and cities, and some from friendly foreign na• our work has met with the approval of the Federal judges. tions, opened in 1935 and has been in continuous opera• The few exceptions concern us for we know that law tion since that time. It is now being substantially ex• enforcement, dealing constantly with those human rights panded. More than 5,000 officers have received this in• held most sacred, theoretically has no tolerance for error. struction and we have been led to believe that at least the We know, of course, that we do err, but it is our request great majority consider it a contribution to better law that the error be viewed in context and that we be granted enforcement. the same tolerance extended to others for an occasional mistake. In a quite different area, the FBI Laboratory has in• novated for more effective and humanitarian law en• We venture to suggest one condition which should be forcement. During recent years, the Supreme Court and set on such polls. If one person in a group is to be poIIed, the lower courts have emphasized the humanitarian ap• ~. _(ember 1971 13 proach toward proving criminal cases more by physical and ability. We have sought to develop and enforce work evidence and less by confessions taken from the accused. rules to guarantee the taxpayer a day's work, and e,& We like to believe that they have done so on learning that a little more, for a day's pay. We have tried to keep . the FBI Laboratory, established in 1932, proved that in employees free of the corrosive influence of bribery many cases it can be done. Scientific examination of evi· which sometimes has weakened an otherwise honest and dence leads to proof of guilt or innocence quite independ• effective law enforcement agency. We have admittedly ent of anything said by the accused. We are as proud of demanded of FBI employees a standard of morality the cases showing innocence as of those showing guilt and which could be approved by the majority of the American have not been reluctant to say so. That fact should be people. On a few occasions we have been told by those of interest to your group, for it is another example of who officially monitor us that we have been too strict, professional and humanitarian law enforcement at its but I submit to public judgment the view that in a law best. enforcement agency, a tax-supported institution, if there is to be error, it should be on the side of being too strict Possibly even more important, we have innovated our rather than being too loose. own rules to better protect the constitutional rights of the accused. I am sure that at least most of those who It is precisely in this area of employee relations that attend your conference hailed as a great step forward we have had a few of our most vocal critics. I think it in• the decision of the Supreme Court in the Miranda case evitable in any large organization; some will disagree which, briefly stated, grants the accused in custody a with the rules and some will disobey them. Yet, in our right to say nothing and a right to a lawyer. Do they view, discipline is an absolute necessity. An undisci• know, also, that for decades prior to the Supreme Court plined law enforcement agency is a menace to society. edict in Miranda, all Special Agents of the FBI were, by And discipline, I should add, must have many facets, not our own house rule, over and above the requirements of the least of which is to curb the enthusiasm of an over• the courts, advising criminal subjects of those same zealous Special Agent or official who, in his pursuit of rights? The Supreme Court willingly took cognizance the alleged criminal or subversive, tends to rationalize of that fact in the text of the Miranda decision in remarks toward the belief that the end justifies the means, bit• quite laudatory of the FBI. Please not those remarks in terly condemning the curbs on his zeal as a handcuff on Miranda v. Arizona, 384 U.S. 436, at 483 (1966), where what he alleges to be modern and efficient law enforce• the Court, speaking through Chief Justice Warren, stated, ment. I trust that you will agree. e in part, that "Over the years the Federal Bureau of In• Here I may as well frankly recognize the fact that your vestigation has compiled an exemplary record of effec• group probably will hear criticism from former Special tive law enforcement. ..." I suggest that no factfinding Agents of the FBI. I trust that you will review that crit• investigation of the FBI would be complete without call• icism, and report it in proper context. Neither you nor I, ing public attention to those words of the Supreme Court. nor any other person, can manage a large organization We have innovated other rules which should com• to the total satisfaction of all employees. You have the mend themselves to you. For example, in recent years opportunity of placing this criticism in proper balance the Supreme Court has strongly emphasized the desirabil• if you will take full note of the evidence favorable to the ity of making arrests and searches by warrant, a protec• FBI. There is an organization known as the Society of tion for the citizen (and the officer) against overreaching Former Special Agents of the FBI, wholly private and by the officer whether by honest mistake or otherwise. in no way a part of the Government, whose members That rule has been the FBI rule and practice for decades. number in the thousands. It is unique, I believe, in the In short, we in the FBI have ourselves innovated on annals of Government employment. The organization our own initiative, above and beyond the legal and ad• exi ts, or 0 I have been told, because its members are ministrative requirements laid down upon us, rules and proud of having served in the FBI. If your scales of jus• practices designed for more lawful and humanitarian tice are well balanced, I am ure that you will find that enforcement of the criminal law. This is a part of our the views of these many greatly outweigh those of a "defen e" and we hope that your group will consider it dissident few, and I think that fairness requires that the a fact worthy of being brought to public attention. views of the many be so well represented in your in• quiry that the difference in weight is made obvious. To do the work of the FBI we have assembled a staff which I believe is so capable that any deep and fair fact• Somewhat related to these problems is that of decision· finding study will find it to be one of out tanding honesty making. I believe it my duty to encourage a full expres-

14 FBI Law Enforcement BUlle. slOn of employee views on FBI problems, and I do so by twisted innuendo, and some could be proved false encourage, quite contrary to statements made by some only by the use of information which must be kept in con- .ecritics. I believe it my duty, as the appointed head fidence for legal or investigative reasons. This is not to 7'the FBI, to review all views and make the final deci· deny that we, and I, have made mistakes. The judges sion, except where it should be referred to higher au- and others sometimes have so advised us. We are only thority. I believe it the duty of the employee, once the human. final decision is made, to either faithfully carry out the directive or marshal convincing proof that it is in error. One final thought. No remarks in our "defense" will I submit for judgment the belief that there is no other still the voices of the critics, and these are not intended way to operate an efficient law enforcement organization. to do so. The critics have their rights of free speech under the first amendment and I am sure they will con- Perhaps the earlier reference to enforcement of the tinue to use those rights to the hilt. In at least many cases, law within the strictures of the law brings up the subject we are denied an effective answer. As the Supreme Court of wiretapping. Being sure that it will come up at your has said so perceptively, "... it is the rare case where conference, I would like to ask a favor of your group in the denial overtakes the original charge. Denials, re- the interest of fairness. I would think they would wish tractions, and corrections are not 'hot' news, and rarely to show in their report, if such be issued, that Federal law receive the prominence of the original story." Rosen• permits wiretapping under controlIed circumstances. bloom v. Metromedia, 39 L. Ed. 2d 296, 313 (1971). I Further, that in each and every wiretapping, regardless hope that in bringing charges against us, if such be the of circumstances, the FBI first obtains the written ap· case, you will bear in mind this handicap under which proval of the Attorney General. Also, that with respect we must labor and bring it to public attention. Elemen- to the wiretapping which occurred before passage of the tary fairness seems to so require. Moreover, a public present Federal statute, the FBI followed the opinions official such as myself cannot successfully sue for libel of a long line of Attorneys General that wiretapping was or slander, even when the charges made against him are legal. Your attention is called to 63 Yale Law Journal totally false, unless he can prove that those charges were 792, where the then Deputy Attorney General of the made with actual malice. This is extremely difficult to United States said, in part, that "it has long been the prove, as anyone familiar with the recent court decisions position of the Department of Justice that the mere inter· on libel and slander well knows. The result is that in so tion of telephone communications is not prohibited many cases of criticism my only recourse is that of taking • Federal law . .. every Attorney General, commenc· some personal pleasure in knowing that the critics have ing with William D. Mitchell in 1931, has endorsed the abundantly proven, in the reams and volumes that they desirability and need for the use of wiretapping as an in- have published, that one of their principal charges- vestigative technique in certain types of cases." All these that I am beyond criticism­is totally false. facts may be well known to your group, but for some reason they often are omitted in public charges that wire- I suggest that if evidence like that which I have tapping by the FBI is without lawful basis. Some critics briefly described here is fully developed and exposed to would have the public believe that the FBI has acted public view, the ultimate "verdict" must be that the FBI .. totally outside the law, when the fact is that we simply is a lawfully composed and operated public agency, followed the legal advice given to us by the Attorney staffed by honest and reasonably intelligent citizens doing General. Your group can set the record straight for all a difficult job in the best way they know how and, more- to see, and I hope that you will do so. over, doing it quite as well as it could be done by anyone else. While it may be quite true that we deserve some These remarks cover the salient points of our "defense" criticism, I think we also deserve an "acquittal." I think and perhaps not so briefly as either of us might have any deep and fair inquiry will command this result, and wished. Obviously they do not cover everything. The ingenuity and the tenacity of our critics preclude a total I remain hopeful of it despite the obviously partisan answer. Were I to attempt to answer all charges I would statements made by some of your group in announcing be debating in this forum or that every day of the year, that the inquiry would be held. to the neglect of my duties. If I were to attempt to so Very truly yours, .. answer, any critic could make any charge, even one to- tally fabricated, and force me into a forum of his own (S) J. Edgar Hoover, choosing. The result is that many charges must go un- JOHN EDGAR HOOVER, answered. Some are false on their face, some are false Director. t . cember 197 1 15 "The nucleus of the program was the instal• lation ofspecially designed hidden cameras capa• ble offilming robbery offenses as they are being committed. "

A· Concentrated Robbery Reduction Program

analytical projection of the "probabil- Armed robberies present a difficult ity" of robbery occurrence factor. The problem to law enforcement agencies officers selected were released from all because the majority of these crimes other duties to be readily available are not reported until after the sus- for the saturation of any area, at any pects have left the scene. The major time, where, based on historical ex- obstacle to apprehension and success- perience, information received, and/ ful prosecution of a robbery suspect or statistical projection, such cri. By is the inability of the victim to posi- could be expected to occur. SGT. PATRICIA A. LAMSON tively identify a person he has ob- Police Department, served for a short period of time Grant Received Phoenix, Ariz. while under high emotional stress. Also, since loot is generally in cash, A Law Enforcement Assistance it is usually unidentifiable if there is Administration grant of $150,000 on any appreciable time lapse between July 31,1970, and city funds of $100,- the commission of the crime and the 000 subsidized this pilot program for apprehension of a suspect. 1 year. The Maricopa County attorney Recognizing that swift apprehen- cooperated by assigning one deputy sion and positive identification of a county attorney to assist and prose- suspect hold the key to solving the cute all robbery cases brought to problem, our department in March trial. 1970 developed an experimental To provide a valid data base for Concentrated Robbery Reduction "probability" forecasting, we used (C.R.R. ) Program to emphasize these computer services. All data on armed two points. Strategy called for placing robberies of businesses for the period hidden cameras in selected businesses of July 1, 1966, through June 30, having a history of armed robberies, 1970, were collected, collated, and a squad of specially trained and plotted on city grid maps. Contour equipped officers, and statistical and analysis graphs were prepared from ) 16 FBI Law Enf."ement BUllet. ~I

.oj In this robbery of a liquor store, the suspect asked for cigarettes, then drew a small black revolver and demanded that the victim put I' money from the cash register into a paper sack. When the victim refused, the suspect "helped" himself, Two cameras had been installed ~ , in the store and took photographs from different angles.

_ember 1971 17 the results to determine the annual and daily distribution of the numbers and times of past robbery occurrences by sector. These analyses, along with additional data covering the remain- ing months of 1970, were used to test and develop the techniques believed to be the most feasible for the prediction of offenses by day, sector, and time. Emerging from these analyses were several interesting facts: 1. During the years 1967­70, there was an overall increase of 41 percent in the number of armed robberies reported to the department. 2. Armed robberies occurred, percentagewise, fairly evenly on Tuesdays, Wednesdays, Thursdays, and Fridays; there was a 6­ to 8­percent increase on Saturdays, Sun- Cameras with a 60­degree angle of coverage were installed in convenience markets and liquor stores having a history of, or potential for, armed robberies. days, and Mondays, and the majority of offenses oc- could be matched with a his- total business robberies ex- curred between the hours of torical month by profile, pected to occur in a month, 5 p.m. and 1 a.m. on all distribution, and day of the distributed on a daily basis, nights of the week. week, to obtain more precise Monday to Sunday, in_ 3. Of all robberies of business daily predictions. clusive, and (2) the use o. establishments reported dur- 4. The forecast prepared in two the analog tables in a match- ing 1969,60 percent involved independent reports with a ing process, considering convenience markets, liquor comparison of each phase each day. stores, and gas stations, in and subsequent adjustment that order. of daily forecast totals until The department formed a special the monthly total was ob- unit consisting of one sergeant, five Developing the formula to be used tained on a daily basis: (1) patrolmen, and two photolab tech­ in forecasting "probabilities" In- volved the following items: 1. Daily contour maps pre- pared to indicate centers and spatial distribution of rob- beries that occurred. The cameras are hidden in simulated speaker 2. Plastic overlay to plot 1 boxes covered with month's accumulation of translucent material at the front. All photographs business armed robberies by of robberies in progress location and time of occur- were taken through this material. rence (3 previous months' data placed over this chart could indicate short­range .. trends) . 3. Analog tables, refined to the extent that a forecast month

18 FBI Law Enforcement BUll. "': nicians to be augmented on a "need" the scene, remove any exposed film l i~ by a manpower pool of experi- from the hidden camera (if one had d detectives hom the Criminal In- been in operation) and take it directly vestigations Bureau who would be to the photolab, and canvass the entire available on an off­duty, overtime neighborhood for witnesses. Follow- basis. The sergeant and officers as- up would be conducted immediately signed directly to the unit and those insofar as possible by means of stake· who volunteered to be a part of the outs and/ or surveillance of any sus- pool had extensive investigative ex- pects and/ or locations indicated as perience, had reliable informants, and the result of questioning witnesses, were familiar with known criminal interviewing informants, etc. When an elements. For each officer the pos- arrest was made, officers assigned to sibility of long and erratic working the day robbery detail would be in- hours had to be agreeable to his formed immediately to determine if a family. Cooperation and coordination lineup or interview should be con- between the day robbery detail and ducted, if the day officers would like our special unit was simplified by to be present or to participate in an assignment of both to the command of interview, etc., and to eliminate the superior officers of the Criminal In- Chief Lawrence M. Wetzel. possibility of duplication of effort or vesligations Bureau. overlooking items of importance to the occurred; they were released from investigation. The team spent 26 per- Computerized Probabilities such action as soon as other officers cent of its time on preventive intensive could take over. patrol; days and hours remained The team usually worked in 6· to A total of 50 officers received spe- flexible, depending on the current lO·hour shifts covering the hours of cial training; the 40­hour advanced problems or trends. 6 p.m. and 2 a.m., which had proven training program covered notetaking, to be the most critical hours. The offi- report­writing, criminal law, court- Seasoned Investigators I' wm d'ploy,d each ,hift 'c,",d- room testimony, techniques of appre- to the computer­based "prob- hension, suspect identification, search As stated previously, the selection a iIi ties" as to time and location, and seizure, use of special equipment, of personnel to man this program was information received from informants, night tactical firearms, with special centered on seasoned investigators investigative leads supplied by officers attention given to procedures and who, in addition to other attributes, assigned to the day robbery detail, techniques of stakeouts, surveillance, were adept at developing informants. etc. Pool officers varied from day to intensive patrol, and fast follow up on Since informants were necessary to day, as they could be assigned to work reported armed robberies. the success of this multi phased pro- with the C.R.R. team only on the days The first hour of each shift was gram, the team members were con- of the week not in conflict with their spent in research, study, and exchange stantly alert for any persons desirous normal duty assignments. of new information, and in evaluat- of supplying information and encou- All members of the C.R.R. team ing day robbery detail requests, which raged them to contact the C.R.R. team were off duty on the same days, en· were usually handled as high priority members during off.duty hours to abling the sergeant to maintain direct items. Assignments were made and make sure that immediate followup contact with the entire unit on a daily plans discussed. If information was reo on the information was possible. basis. Normal days off for the team ceived either immediately prior to the Other benefits from informants' tips were selected by determining which start of the shift or during the shift, included search warrants for and ar- days of the week had the fewest rob- adjustments were made after evalua- rests of narcotics and burglary sus- beries and were adjustable any time tion of the data. pects, the recovery of a large amount the trend might change. Team officers of stolen property, and sundry intelli- were not given any radio.dispatched In Action gence information. ~ calls or assigned to any followup in- The nucleus of the program was the vestigation, other than robbery If a robbery occurred during the installation of specially designed hid- offenses, unless an extreme emergency shift, all available members of the den cameras capable of filming rob- in close proximity to their location team would proceed immediately to bery offenses as they are being com-

" _ ember 1971 19 mitted. Specifications for the cameras , cates that the camera should be reset. by team members in the event which represented the major expendi- When the exposed film arrives at the it would become necessary ture of funds in the equipment cate- photolab, prints in any quantity can that they take part in groue gory, called for: (1) An automatic be processed within 20 minutes after action with other {)fficers electric eye, (2) a film pack cartridge receipt. under emergency conditions, with a minimum of 12 frames with Four civilian technicians from the e.g., civil disturbance. full­frame exposure, (3) automatic city communications department as- Evaluation processes of the pro- film advance, (4) remote activation sisted in installing the cameras; one gram have been continuous and cumu- with a low voltage system, (5) warn- officer currently services the cameras, lative. Conferences have been held on i.e., resets them if they are acciden- ing light when half of the exposures a monthly basis at least, and more tally tripped, provides additional car- have been taken, (6) minimum con- often if believed necessary, by all ad- tinuous running time on full cartridge tridges, etc. ministrative and supervisory person- In addition to the cameras, other of 35 seconds, (7) inaudible camera nel involved to assess the project's effectiveness, the methods used, per- formance of equipment, procedures, etc. Records are kept of dates, hours worked, total hours expended for sur- veillance and stakeout, number of lo- cations staked out, the number of stakeouts, suspect interrogations, ~r­ rests and charges made, number of charges dismissed or dropped, sus- pects found guilty and not guilty, and the sentences given.

Available Funds

For projects such as this, involvA expensive equipment, it is importJliP' that funds be available at the starting T~~ ~uspect in this robbe.ry selected two pints of liquor, then drew a .32 caliber automatic a emanded that the liquor and all money in the cash register be placed in a paper sack. date of the program in order to ob- tain a full evaluation of the equip- noise at 10 feet, (8) small size and special equipment provided the team ment. Project dates should be based inconspicuous appearance, and (9) included: on the time an agency actually obtains an automatic stop at the end of the 1. Six late­model compact cars a written "funding availability" film cartridge. which could be interchanged date, which allows for leadtime to repeatedly under an excep- acquire the necessary equipment. It Camera Installation tionallease agreement with a is further suggested that a commit- local car­rental agency. These ment letter should be requested from The cameras are hidden in simu- vehicles provided a definite the funding agency prior to the for- lated speaker boxes covered with "nonpolice" look, as the de- mal written contract which would al- translucent material at the front and partment was able to select low for purchasing procedures to start installed in convenience markets and from a multitude of styles, well in advance of project implemen- liquor stores having a history of, or including two­toned vehicles, tation. potential for, armed robberies. At the vinyl tops, etc. There were a few problems in the time of a robbery, the camera is ac- installation and operation of the cam- 2. An infrared night vision de- tivated when money is removed from eras which had to be corrected as they vice used for stakeout and a "bilI trap" inside the cash drawer· were experienced during our year- surveillance assignments. 10 to 12 film exposures are automati'- long program. It is important that 3. A standardized cally taken at the rate of one every 2% and readily the camera clips be placed in locations seconds. When the entire cartridge has identifiable coverall jump- been exposed, a warning light indi- suit kept available and worn (Continued on page 26)

20 FBI Law Enforcement Bulle. "One facet of this problem has concerned the The seizure and search of personal property in 'con• Legal structive possession' of the arrestee. Constructive possession exists where the person searched is physically separated from the property but has on his person some evidence of ownership, cus• tody, or control." Digest

By Search Incident DONALD J. McLAUGHLIN Special Agent, Federal Bureau of Investigation, to Arrest• Washington, D.C. tonstructive Possession

The authority to search a person The problem of defining "immedi- The question presented is whether the incident to a valid arrest represents ate control" or demarking the per- taking of such objects in a warrantless one of the carefully drawn exceptions missible scope of a warrantless search search incident to arrest authorizes to the fundamental precept that a incident to arrest has long plagued the arresting officer to seize the prop- search must rest upon a search war- the courts.7 One facet of this problem erty which they represent, even 1 rant. An arresting officer is permitted has concerned the seizure and search though it may be beyond the imme- to search in order to protect himself diate physical control of the person of personal property in "constructive and deprive the prisoner of potential arrested. Constructive possession cases possession" of the arrestee. Construc- means of escape, and to prevent de- generally have dealt with one of two tive possession exists where the per- struction of evidence by the arrestee.2 factual situations: (1) Where prop- The permissible scope of search ex- son searched is physically separated erty is in custody of third parties, such tends from the inner recesses of the from the property but has on his per- as airlines and bus companies; and body 3 out to the arrestee's clothing,4 son some evidence of ownership, cus- (2) where property has been placed in items being borne by him,5 and prop- tody, or control.s Examples are re- a closed area, such as a storage locker erty within his immediate control.G ceipts, claim checks, and locker keys.o in a transportation terminal. t(ember 1971 21 In Kernick v. United States/a per• ment grounds, contending that al• In 1963, a California court took a haps the leading Federal case on con· though the seizure of the suitcases different approach to constructive _ structive possession, an undercover was lawful, the Agents should have se• session. In that case, defendant _ narcotics agent arranged to meet the cured a search warrant prior to open• arrested in a San Francisco apart· defendant at the Kansas City Union ing them and seizing the guns. In up• ment where narcotics were being Station, where he was to deliver a holding the action of the Agents, the unlawfully used. Officers searching quantity of heroin to the agent. They court noted that the defendants re• him incident to the arrest found a met as scheduled at which time the tained a measure of control over the bus terminal locker key_ The offi• defendant stated that the heroin was suitcases through the claim checks and cers, without a warrant, went to the hidden in the station. The agent left to approved the trial court's view that locker, opened it and seized an air• obtain money for the purchase; and possession of the claim checks was line bag containing heroin and other shortly thereafter defendant, before comparable to the men having the narcotics paraphernalia. Defendant, he had an opportunity to get the suitcases in their hands.13 indicted for possession on the basis heroin, was arrested by other agents But the constructive possession doc• of this evidence, claimed the search in the station lobby and taken to a trine was not without its critics. As and seizure to have violated his "police room." In the search incident early as 1947, Supreme Court Justice fourth amendment protection because to arrest, the agents found on his per• Frankfurter, in a dissenting opinion, it had occurred beyond the allowable son a baggage check and key. With observed: area of search incident to arrest. The court, accepting this view, held that a the claim check, one of the agents ob• "For some purposes, to be sure, "search without warrant of a locker tained a suitcase from the baggage a man's house and its contents room and the key was used to open it. are deemed to be in his 'posses• in a bus terminal distant from the place of arrest .. . and not contem• Inside were nine ounces of heroin. sion' or 'control' even when he The defendant was convicted of trans• is miles away. Because this is a poraneous therewith could not be jus• tified as incident to the arrest of porting the contraband drug in inter• mode of legal reasoning relevant defendant." 15 The holding fore• state commerce and appealed on the to disputes over property, the ground that the narcotics agents ex• shadowed a later Supreme Court ceeded the authorized scope of a war· decision.16 rantless search incident to arrest. The "An individual's right to In the 1969 landmark decisio. court, citing two prior Supreme Court privacy in personal prop· Chimel v. California,17 the U.S. decisions,11 held that the suitcase erty is not forfeited by sur· preme Court supplied the fixed stand• was within the "permissible area of rendering custody to a ard or test concerning scope of search 1s search" and in the "constructive pos• carrier or placing the article which was missing in prior decisions. session and control" of the de• in a storage locker in a The Supreme Court held that the scope fendant.12 public place. Therefore, of search incident to arrest must be In 1963, a Federal court again was wherever practical, a search confined to the person of the arrestee confronted with the constructive pos• warrant must be obtained and that area within his immediate session problem. Defendants were law• prior to seizure 0 f the control, "... construing that phrase fully arrested in a Chicago airport property." to mean the area from within which he terminal by FBI Agents after they had might gain possession of a weapon or checked their luggage at the airline destructible evidence." 19 In Chimel, counter for a flight departing for usual phra e for such nonphys• the defendant was arrested in the liv• Cleveland, Ohio. In the search inci• ical control is 'con tructive pos• ing room of hi home by officers who dent to arrest, baggage claim checks session.' But this mode of thought had an arrest warrant charging him • were found on the person of one de• and these concepts are irrelevant with burglary of a coin shop. The en• fendant; and, by presenting the check to the application of the Fourth tire house was searched incident to the to the airline, the arresting Agent ob· Amendment and hostile to re• arrest and evidence of the burglary tained two suitcases. A pistol and spect for the liberties which it di covered. The Court found this ammunition were found in each suit· protects." 14 wide-ranging search without a warrant case, and defendants were convicted Thus, Justice Frankfurter regarded constitutionally unj ustifiable, rea- • of illegally transporting firearms in the idea of constructive possession as soning that the scope of the search in• inter tate commerce. They appealed a property law concept unrelated to cident to arrest must be supported by their convictions on fourth amend• constitutional protection_ the circumstance {protection of .

22 FBI Law Enforcement Bulletin cer and preservation of destructible a remote search without a warrant the limited temporary seizure of the ence) which rendered its initiation unreasonable within the meaning of packages, based upon less than proba• • issible. 20 Constructive possession the fourth amendment. ble cause, reasonable within the mean• was not at issue in Chimel, but the con• An individual's right to privacy in ing of the fourth amendment. Reason• flict of the Chimel rationale with the personal property is not forfeited by able suspicion justified the tempo• reasoning in constructive possession surrendering custody to a carrier 24 or rary detention for investigation.29 cases is clear: The constructive pos• placing the article in a storage locker In Parish v. Peyton, 30 a person session rule would approve a search In a public place.2G Therefore, wher• known to officers as a dealer in stolen and seizure beyond the immediate vi• goods was observed to inquire of a cinity of the arrestee; Chimel re• "The constructive posses• bus terminal baggage agent as to cer• stricted the scope of search to the ar• sion doctrine should no tain packages. The packages later ar• rested person and the area within longer be relied upon to rived at the terminal and officers ob· his immediate reach. justify a search incident to served clothing thought to be stolen In a recent Federal case,21 decided arrest. Following an arrest, suits through a tear in one of the pack• after Chimel but based upon facts oc• where there is reason to ages. After keeping the packages un• curring prior thereto, the defendant believe personal property der surveillance for several hours, the was arrested and searched on the belonging to the arrestee officers removed them to the police third floor of an apartment building can be found at a remote station and obtained a warrant before and the arresting officer took a key location, • • • a search war• searching them. In an approach in possession of the arrestee. The key rant should be obtained slightly different from Van Leeuwen, fitted a storage locker in the basement before seizure and search of the court stated that exigent circum• of the building. The officer opened the the article." stances existed justifying a seizure locker without a warrant and seized without warrant, and noted that "the a gun and other evidence. Because the ever practical, a search warrant must police could reasonably have believed search occurred prior to the Chimel be obtained prior to seizure of the that the ... carton might be claimed decision, the court applied the broad property.26 by the thieves or their collaborators pre-Chimel standard, holding that Exceptions to this general rule can and removed beyond retrievaL In re• Artel was not retroactive. Further, be found in instances where there is sponse to the obvious necessity for W eld the search reasonable but im• some clear indication that the prop• swift action, they proceeded without plied that had the search been made erty is, or contains, evidence and ex· a warrant, but limited themselves to after Chimel a different standard ceptional or exigent circumstances securing possession of the articles. Ex• would have applied. exist, such as the imminent threat of ercising restraint, they deferred the It would appear that the Chimel destruction or removal of the evi• search until after they had obtained decision, by severely limiting the per• dence.2' For example, an officer may search warrants from a magistrate." 3 1 missible area of search incident to ar• lawfully make a temporary detention Some recent California cases have rest, has sapped the vitality of the or limited seizure of personal property gone even further, authorizing not constructive possession doctrine.22 in the hands of third parties pending only a warrantless seizure of property Constructive possession involves a re• issuance of a search warrant where in transit, but also its search.32 moteness, a separation of possessor exigent circumstances exist. United Where property has not been from the thing possessed. And where States v. Van Leeuwen 28 provides an placed in the hands of third parties, the evidence is beyond the immediate illustration of this principle. There, such as airlines or bus companies, but area of the arrestee, Chimel would suspicious packages being transported rather has been put in a closed area, prohibit its seizure and search with• in the U.S. Mail were temporarily de• such as a storage locker, a more diffi• out a warrant, notwithstanding the tained, without warrant, by postal au• cult problem arises. The locker itself fact that the person arrested possesses thorities, pending further investiga. is an area where a person has a rea• evidence of ownership or control. The tion by police and customs officials. sonable expectation of privacy, pro• Supreme Court seems to have reached Additional facts were developed tected by the Constitution. Any intru• the conclusion expressed earlier by which established probable cause to sion therein to seize personal property Justice Frankfurter,23 but for different search the packages. A search warrant must comply with fourth amendment reasons. Frankfurter viewed construc• was then obtained, the packages standards.33 Therefore, probable cause tive possession as an irrelevant prop• opened and illegally imported coins to believe the locker contains evidence • concept. The Chimel court held discovered. The Supreme Court found should exist and a search warrant ob•

December 1971 23 tained before the locker is opened. It warrant is issued. Where the property may be advisable for officers to "im- Law enforcement officers is located in an area in which th_ pound" or maintain surveillance over of other than Federal juris- restee enj oys fourth amendment . the storage locker until a warrant can diction who are interested tection (e.g., storage locker), a war- be obtained. This wo uld constitute a in any legal issue discussed rant should be secured before entry. limited intrusion on the rights consti- in this article should consult (The protection accorded such an area tutionally protected, while affording their legal advisor. Some is not absolute. Where there is reliable police assurance that evidence will not police procedures ruled per- information that a substance inher- be removed or destroyed. 34 missible under Federal con- ently dangerous, as for example a stitutional law are of ques- bomb or incendiary device, has been placed in a protected area, such an Conclusion tionable legality under State law, or are not permitted emergency threatening the public The constructive possession doctrine at all. safety would justify an immediate should no longer be relied upon to entry and seizure. ) justify a search incident to arrest. Fol- Where an arrest has taken place, lowing an arrest, where there is rea- crime, a search warrant should be ob- personal property of the arrestee is in son to believe personal property be- tained before seizure and search of the custody of a third party, and there is longing to the arrestee can be found article. If, under like circumstances, reasonable suspicion that the prop- at a remote location, accessible to the there is danger of destruction or re- erty is or contains evidence, the ar- public, such as a rental locker or in moval of the evidence, and the prop- ticle may be seized and temporarily the custody of a common carrier, and erty is held by a third person, an detained pending further investiga- there is probable cause to believe such immediate seizure may be made, but tion aimed at developing probable property is or contains evidence of the search should be delayed until a cause for issuance of a warrant. ijl

FOOTNOTES upon "reasonablenen under all the circumstances bus company, aearch it, and seize evidence therein. and not upon the practicality of obtaining a learch without warrant, under 11 "conatructive pOl!lsenion" 1 United State& v. Ga rcia.Sarqui:, 282 F. Supp. warrant." Id. at 66. Rabinowitz, in considering the justification . _ 593 (E.D.N.Y. 1968), ci ling l anes v. United States. p roblem of permissible Icope of such a search, found !?3 See footno te 14, supra. 357 U.S. 493 (1958). See aJ.o Weeks v. United nothing constitutionally objectionable to the thorough '" Corn,old v. United States, 367 F. 2d I (91H States, 232 U.S. 383 (1914) (diclum); Abe! v. search of an entire bUlinen office, without warrant, 1966). United States, 362 U.S. 217 (1960); and A,nello v. where the defendant was arrested therein. 0;; United States V. Small, 297 F. Supp. 582 (D. United States, 269 U.S. 20 (1925). '" 242 F. 2d 818, 821. Ma.a. 1969). ciling Katz V. Uniud States, 389 U.S. 2 Preston v. United Stotes, 376 U.S. 364 (1964); 13 Uniud States v. Zimmerman, 326 F. 2d 1 (7th Cir. 347 (1967). Chime! v. California, 395 U.S. 752 (1969); United .. Terry V. Ohio, 392 U.S. 1 (1968); McDonald V. 1963). States v. Davis, 423 F. 2d 974 (51h Cir. 1970), cerl. Uniled States, 335 U.S. 451 (1948). H Harris v. United States, 331 U.S. 145, 1M ( 1947) denied, 400 U .. 836 (1970). "" Warden V. Hayden, 387 U.S. 294 (1967) . See alao (dissent). Although Frankfurter spoke in terms of 3 Black/Qrd v. United States, 247 F. 2d 745 (91h lohnson V. United States, 333 U.S. 10 (1948); Carroll a search of premises. the principle espoused would Cir. 1957), ccrl. denied, 356 U.S. 914 (1958); V. United Slates, 267 U.S. 132 ( 1925); Schmerber v. appear applicable to all searches. United States v. Summerfield, 421 F. 2d 684 (91h California, 384 U.S. 757 (1966). ,. People v. Per." 33 Cal. Rplr. 398, 219 Cal. CiT. 1970). But scc United Slales v. Guadalupe· !!8 397 U.S. 249 ( 1970). App. 2d 760 (CI. App. 1963 ). Garza, 421 F. 2d 876 (91h Cir. 1970). The power 10 :!D Id. at 252. See also United Slates v. McDonnell, 16 Preston United States, 376 search body cavities is an extraordinary one, not A year later, in v. 315 F. Supp. 152 (D. Neb. 1970) (warranlle •• aeizure U.S. 364 (1964), Ihe Courl held Ihal a aearch remole to be used routinely, and detention of automobile under auspicious circum· in time and place is violative of the fourth amend· • United States v. Williams, 416 F. 2d 4 (51h Cir. ala nee! for no more than 16 hOUri found reasonable). ment. Defendants we re arrested in a parked nu tomo- 1969), cerl. denied, 397 U.S. 968 (1970). 30 408 F. 2d 60 (41h Cir. 1969), cerl. denied, 395 bile, searched, and taken to police headquarters. The G United States v. Armpritster, 416 F. 2d 28 (41h .. 984 ( 1969). car was remo\'ed to a garage where it was aearched Cir. 1969), rerl. denied, 397 U.S. 1046 (1970) . '1 Id. at 64. incident to arrest. Incriminating evidence was found • Chimel v. Cali/ornia, 395 U .. 752 (1969). 3!1 People V. Gordon, 89 Cal. Rplr. 214, 10 Cal. App. in the trunk and convictions were reversed by the 7 In United States v. Kucinich , 404 F. 2d 262 (61h 3d 454 (CI. App. 1970) (.earch of Irunk and carlon Supreme Court in a unanimous decilion. The Court Cir. 1968), the court, in a classic undentatement. containing marihuana at airline terminal); P ~ople v. atated: "O an accused i. under arrelt and in noted that the scope of permissible search "h.. nce Temple, 80 Cal. Rplr. 885. 276 Cal. App. 2d 402 custody, then a ,~arch mad~ at anoth~r plac~, caoled the courtl considerable difficulty." See Note. (el. App. 1969) (warrantless seizure and search without (l warrant, is simply not incident to arrelt." 48 Te... L. Review 1191, 1195 and n. 7 (1970). of trunk at airline terminal). But see People v. Id. al 367 (emphaai. added). 8 ee Davis, Federal Seorchu and Seizures, Sec. McGreIV, 1 C. 3d 40 1, 82 Cal. Rplr. 473, 462 P. 2d I ]7395 U.. 752 (1969). 3.33 (1964). (1969) (aearch without warrant of footlocker in 18 Cases cited footnote 11, supra. o It is noted that this article deals lolely with custody of airline, abaent an emergency. violath'c of personal property exclusive of motor vehicle•. ].395 U.S. 752, 763. fourth amendment). ].242 F. 2d 818 (81h Cir. 1957). OQ Id. al 762, ciling Terry v. Ohio, 392 U.S. 1 (1968). 33 Unittd Sta..s V. Small, 297 F. Supp. 582 (D. !!l Uniud States Blassick, Ma... 1969); Katz V. United Sta..s, 389 U.S. 347 11 The Court cited Harris v. Unittd Slatts, 331 v. 422 F. 2d 652 (71h Cir. 1970), corl. denied, 402 U.. 985 (1971). (1967) . U.. 145 (1917). where it was held that D. realon· 31 5.. generally, Nole, 81 Harv. L. Rev. 1165, 1475 able search is not to be determined by any fixed !t:! But not entirely. Contra, State v. Meija, 257 La. (1971). a dillcuuion of "impounding" dwelling standard, telt or formula. and Rabinowitz v. United 310. 242 So. 2d 525 (1970), where il wa. held Ihal States, 339 U.. 56 (1950). where Ih e Courl .,a,ed officerl who found claim tags on the person of an houses, but presumably applicable to searches of that legality of a search incident to arrest depends arrestee had the right to obtain his luggage from a olher are.. prolecled by Ihe fourlh amende

24 FBI Law Enforcement BulletIn POLICE LINEUP from the U.S. Court of Appeals, voiced no exception. Additionally, the (Continued from page 6) Fourth Circuit, decision in United United States Attorney for the Dis• States v. Collins, upholding a bank trict of Columbia came in person. violators branch, another new unit robbery conviction obtained with the This special solicitude doubtlessly was charged with keeping track of certain help of a Metropolitan Police Depart• attributable to the recent opinions in dangerous recidivists, especially ones ment lineup: United States v. Wade and Gilbert v. on probation, parole, or work­release. "With the District Judge, we see no California. Thus, conscientious and Recently, we began holding lineups telling variation from Collins' appear• diligent observance was paid to the in a newly constructed lineup room ance, in the dress, age, height, weight Sixth Amendment as focused by those equipped with one­way glass, a special or other features of those in the line• decisions. Hence, the identification by sound system, and video­tape facili• up, as would mark him as a noncon• the lineup was not challengeable." ties. Suspects are unable to see or hear formist. Nor was he so positioned in [Citations omitted.] the witnesses who identify them. Wit• the line as to disclose his part in the Not all decisions, of course, paused nesses are able to view the defendants cast; nor was there taint by hint or to pay tribute to our lineup proce• from just a few feet away without other sign to the witnesses for their dures as did the court in Collins. But, fear. And when defense attorneys choices. In short, nothing about the on the other hand, few decisions have raise questions in court about the pro• assembly deprived the accused of due even had to deal with the lineup and identification issue, because we have cedures used, we are able to roll a process. given even the most meticulous de• television receiver into court and pre• "The Sixth Amendment rights of fense attorneys little on which to build sent a video-tape of the lineup as it the defendant, too, were scrupulously an appeal. Thus, a change initially actually occurred. honored. Alert and astute counsel rep• brought on by decisions of the U.S. Even without such refinements, we resented Collins at the lineup. . . . Supreme Court has, in the long run, have accumulated an impressive rec• Throughout the proceeding, they were helped us make more solid cases and ord. Take, for example, this excerpt consulted by those in charge, and see them through to convictions. ijl

O~~ _ /() fi-70/(L '&.iEt?!~ .TkCp 7"~ IACP RESOLUTIONS CONCERNING ~ ~ TRAFFIC DEATHS CRIMINAL HISTORY SYSTEMS The drinking of alcoholic beverages Members of the International Asso• This resolution further urges that is a factor in at least half of the fatal ciation of Chiefs of Police (IACP) until such mandatory legislation be• motor vehicle accidents, according to recently adopted resolutions concern• comes law, appropriate criminal jus• studies available to the National ing mandatory reporting Qf arrest tice agencies should make every effort Safety Council. In addition, three out dispositions and the management and to submit arrest disposition data in of 10 of the fatal accidents in 1970 control of law enforcement com• each instance_ involved vehicles which were being puterized information systems at their In another resolution the IACP driven too fast or too fast for existing 78th Annual Conference in Anaheim, "strongly endorses the requirement conditions. Driving too fast is also a Calif. that law enforcement agencies retain factor in injury and property damage The resolution advocating central management and control of dedicated accidents. The Council reports that State court disposition reporting pro• systems used for the processing of speed is the principal factor in such grams resolves: "That IACP members crimes, criminals, and criminal activ• accidents which occur in rural areas, encourage their respective communi• ity regardless of the technology." and it ranks high as a factor in those ties to support the enactment of legisla• Citing the policies adopted by law accidents which occur in urban areas. tion to mandate the reporting of arrest Information available on safety disposition data applicable to each enforcement, in cooperation with the arrest and that such data be sent by FBI National Crime Information Cen• belts indicates that if all passenger the arresting agency, the prosecutor, ter, to protect criminal information car occupants used belts at all times, or the court at whatever stage it from misuse, the statement pledges 8,000 to 10,000 lives would be saved occurs to the central file at the State IACP support for legislation to keep annually. Safety belts, the National and national level to which an arrest such systems under the management Safety Council estimates, saved about Jiferprint record was submitted." control of law enforcement agencies. 2,800 to 3,500 lives in 1970.

W cember '1971 25 ROBBERY REDUCTION parameters as set forth in the above pended in attempting to identify a paragraph; however, robberies did oc• suspect and have proved to be . (Continued from page 20) cur in adjacent sector areas on the ceptable to, and excellent evidence within the cash register drawers where days and at the times (within 4 hours) the courts. During the investigation of they cannot be tripped accidentally, forecast. The techniques developed one armed robbery involving several and an automatic shutoff is helpful will be studied in depth to determine local motorcycle gang members to compensate for heat and possible if they can be applied successfully to caught in the act by the camera, offi• electrical shorts. The goals set for other types of crimes with a larger in• cers cleared 18 additional robberies, the use of rental vehicles should be cidence, e.g., burglary, or to armed six burglaries, five narcotics offenses, realistic; it should be noted that mile• robberies where selective enforcement, and numerous crimes involving stolen age tends to accumulate at a greater as applied during the project period, credit cards and checks. rate than projected in attempts to would not be used and thus would cover problem areas sufficiently. It is not distort the normal probability Rate Down also suggested that sufficient space be patterns. set aside for "robbery team" confer• Prior to the start of the project, Based on a month-by-munth ences, report-writing, etc., to prevent approximately 20 to 25 robberies a analysis of department reports for the overcrowding and confusion during month were occurring in convenience first 6 months of the program, the shift changes of the day robbery markets and liquor stores. Since the rate of increase for robbery in detail. program was initiated, this rate has Phoenix has been slowed. Using his• decreased to between six and nine rob• torical data, we had forecast prior to Unproductive Results beries a month, due primarily, we the start of the C.R.R. program that Attempts to pinpoint "probabili• believe, to the 204 hidden cameras in• there would be a 16 percent average ties" of business armed robberies in stalled at 191 convenience markets rate of increase during the 6 months conjunction with a specified day of and liquor stores. (Gas stations pre• in question ; the C.R.R. effort has been the month, specified 4-hour period of sented a difficult problem for the use responsible for holding the rate to a of time during that day, and a speci• of cameras and other electronic equip• 3 percent rise. There has also been a fied location within a square-mile ra• ment because of their physical layout significant reduction in the monthly dius were unproductive, inasmuch as and were not made a part of the robbery rate over previous yea_ armed robberies are random events present program.) January 1971 was down 33 perc. and are highly unpredictable within and February 1971 down 6 percent. these parameters, with a range of from 11alue of Photographs The clearance rate has averaged be• eight to 63 incidents monthly for the tween 40 and 45 percent a month years 1966 to 1970. Based on 16 pictures taken during since the start of the program, which is con iderably better than the na• It also became evident as the proj• robbery offenses, 10 arrests were made tional clearance rate average of 25.8 ect progre sed that the normal prob• and 20 robberies were cleared. Ex• percent for this crime in 1969 and ability patterns were being dis• posures taken during robberies have turbed, that the historical rates of in• proved to be valuable in the identi• the prior clearance rate in Phoenix. crease were not occurring, but that fication of suspects; in several we The police pressure applied in com• abnormal and fluctuating decreases learned during followup investigation bating this type of offense in our city, were being exhibited, ranging from that the person photographed during however, has had some effect in our - 6 percent to - 63 percent. Midway the commission of a crime in a con• neighboring towns. While our inci• venience market or liquor store was dence rate appears to have decreased through the proj ect the short-range al 0 the person responsible for rob• and the clearance rate has remained trend was u ed to establish total num• bing a tavern, taxicab driver, restau• stable at approximately 45 percent, bers, and the ratio of forecast to actual rant, drive-in, or other business satellite cities are experiencing an in• incidents improved. e tabli hment. Without the pictures creasing incidence rate of robbery • Area forecasts for preventive patrol taken with the hidden cameras, the offenses. activity tended to be unsuccessful uspect might never have been identi• The administrators of our depart• becau e of the low incidence of these fied as the perpetrator of the other ment believe that all phases of the offenses during the period of time that crimes. Photographs of su pects in the c.R.R. program have contributed to the C.R.R. team was available. There process of a robbery have drastically the ultimate goal of reducing robbery were no " hit " recorded within the reduced the man-hours formerly ex• offen es in Phoenix. j '1 26 FBI Law Enforcement Bullet The two suspects in this liquor store robbery demanded two bottles of whisky and money from the cash register; one suspect threatened to kill the victim with a .22 caliber automatic. ..ecember 1971 27 INVESTIGATORS' AIDS

/1­ s.i/ NUMBER OF DRIVERS 111 total traffic fatalities in 1970, but followed with 7.7 and 7.6 percent, reo IN 1970 179 less than its 1969 total. However, spectively. Once again, Connecticut California's death rate, the number recorded the lowest death rate, 2.7 per· There were approximately III mil· of deaths per 100 million vehicle miles, cent, and the only State registering lion drivers in the Nation in 1970, was lower than Alaska's, the State less than 3 percent. according to the National Safety with the least number of deaths, 108, Twenty·six States recorded fewer Council. Of this estimated number of during the year. California's death fatalities in 1970 than in 1969. Michi· drivers, 63,500,000 were males and rate was 4.2 percent whereas Alaska's gan registered the most significant 47,500,000 were females. The highest was 7.8 percent, the highest in the drop with a reduction of 310; Ohio number of drivers, including both country. Mississippi and New Mexico was second with a reduction of 204. sexes, is in the 20­24 age bracket• 12,300,000. tj- 4/~.f5''' 1/ S-C; /yol FATALITIES HIGHER IN ACCID ENTS ARE THE SAFEST; THE MOST RURAL AREAS EXPENSIVE DANGEROUS Approximately two out of three For motorists concerned with the The National Safety Council reports deaths in 1970 occurred in rural soaring cost of motor vehicle in· that Mondays, Tuesdays, and Wednes· areas, according to the National surance, it is significant to note th. days in January are considered the Safety Council. In rural areas, the according to reports from the Nation safest days of the year for motorists victims were mostly occupants of Safety Council, the estimated cost of to travel. Of the 54,800 traffic deaths motor vehicles, whereas in urban motor vehicle accidents in 1970 was recorded in 1970, only 11 percent, an areas nearly two out of five of the 813,600,000,000. This total is more average of 116 deaths per day, oc· victims were pedestrians. However, than double the cost of motor vehicle curred on those days. January reo nonfatal injury accidents and prop· accidents a decade ago and an in· corded 3,750 deaths. erty damage accidents occurred more crease of approximately $1,400,000,· On the other hand, Saturdays in frequently in urban areas. 000 from 1969. October are good days to keep off the roads. In 1970,21 percent or an aver· age of 221 traffic deaths per day oc• curred on Staurdays. October led the QUOTABLE QUOTE months with a total of 5,230 traffic deaths. "True liberty consists in the privilege of enjoying our own rights, not in the destruction of the rights of others." ~ .3 S-~- -George Pinckard ~5 - 9 MOTOR VEH ICLE DEATHS QUOTABLE QUOTE There were 51,800 traffic deaths in "There is no country in the world in which everything the United States in 1970, a 2 percent can be provided for by the laws, or in which political ~ decrease from 1969, according to the institutions can prove a substitute for common sense and ,".I National Safety Council. public morality." California, with 4,901, led the States -De Tocqueville e 28 FBI Law Enforcement Bulletin INDEX

Articles Published in the FB' Law Enforcement Bulletin January Through December 1971

ADDRESSES President Nixon Pledges Full Support To Retail Red Alert, by Carroll W. Boze, As- Stop Police Killings, August 1971, vol. sistant Chief of Police, Rapid City, S. Address by Hon. Richard M. Nixon, Presi· 40, No.8, p. 16. Dak., October 1971, vol. 40, No. 10, p. 6. dent of the United States, August 1971, A Program for Greater Trust, by Charles Taking the Bite Out of Burglaries, by Lt. vol. 40, o. 8, p. 24. Koehler, Supervising Probation Officer, Myron A. Warren, Police Department, Vice President Agnew Defends the FBI, Adult Division, San Diego County Pro- Portland, Oreg., May 1971, vol 40, No.5, June 1971, vol. 40, No.6, p. 3. bation Department, San Diego, Calif., p.6. COMMU ICATIONS AND RECORDS April 1971, vol. 40, No.4, p. 24. Punishment for First Offenders, by Keith The Barnstable County Police Radio Sys- 1. Leenhouts, President, Volunteers in CRIME PROBLEMS tem Serve Community Needs, by Donald Probation, Inc., Royal Oak, Mich., March Another Kidnaper Fail, February 1971, P. Tulloch, Sheriff of Barnstable County, 1971, vol. 40, No.3, p. 22. vol. 40, No.2, p. 7. Barnstable, Mass., November 1971, vol. Retail Red Alert, by Carroll W. Boze, As- Auto Theft Rings, August 1971, vol 40, 40, No. 11, p. 10. sistant Chief of Police, Rapid City, A Better Criminal "Mousetrap," by George S. Dak., October 1971, vol. 40, No. 10, No.8, p. 6. Civil Liberties Repression: Fact or Fic- 1. Matias, Chief of Police, Cedar Rapids, p.6. Iowa, September 1971, vol. 40, No.9, p. 11. tion? by Hon. Lewis F. Powell, Former Educational TV Improves Operations, President of the American Bar Associa- Training, and Management, by Col. Eu- CRIME PREVENTION tion, Richmond, Va., October 1971, vol. gene 1. Camp, Chief of Police, St. Louis, 40, No. 10, p. 9. Mo., January 1971, vol. 40, No. I, p. 3. An Aircraft Enforcement Test Program, Gambling and Corruption, by J. Edgar A Legal Training Program Over Closed- by Capt. Ervin T. Dunn, Idaho State Po- Hoover, Director, Federal Bureau of In- Circuit TV, by Hon. Evel1e J. Younger, lice, Boise, Idaho, September 1971, vol. vestigation, August 1971, vol. 40, No.8, 40, No.9, p_ 3. Attorney General, State of California p. 10. e acramento, Calif., April 1971, vol. 40: A Better Criminal "Mousetrap," by Legion Mandates Strong Law and Order 0.4, p. 2. George J. Matias, Chief of Police, Cedar Thrust for Seventies, Hon. Alfred P. A Police Command and Control System, by Rapids, Iowa, September 1971, vol. 40, Chamie, National Commander, The Ameri- H. Green, Assistant Chief Constable, No.9, p. 11. can Legion, Indianapolis, Ind., May 1971, Dorset and Bournemouth Constabulary, A Concentrated Robbery Reduction Pro- vol. 40, No.5, p. 21. Dorchester, England, May 1971, vol. 40, gram, by Sgt. Patricia A. Lamson, Police Let's Put the Smut Merchants Out of Busi- No.5, p.14. Department, Phoenix, Ariz., December ness, by Hon. Winton M. Blount, Former Unit 25 for Emergency Communication, by 1971, vol. 40, No. 12, p. 16. Postmaster General, U.S. Postal Service, Col. Howard S. Miller, Chief, Iowa High- Functions and Duties of the U.S. Border Washington, D.C., December 1971, vol. way Patrol, Des Moines, Iowa, June 1971, Patrol, by Herman C. Moore, Chief 40, No. 12, p. 7. vol. 40, No.6, p. 13. Patrol In pector, El Paso Sector, U.S. Local Investigation of Illegal Gambling Border Patrol, El Paso, Tex., February Operations, by Capt. George H. Bullen, COOPERA TION 1971, vol. 40, No.2, p. 2. Jr., Delaware State Police, Dover, Del., Lawmen for the Reservation, by George S. Gambling and Corruption, by J. Edgar March 1971, vol 40, No.3, p. 11. Metarelis, Administrator, U.S_ Indian Po- Hoover, Director, Federal Bureau of In- A Minority That Is Indispensable, by Hon. lice Academy, &swell, N. Mex., July vestigation, August 1971, vol. 40, No.8, Charles L. Gould, Publisher, San Fran- 1971, vol. 40, No.7, p. 16. p. 10. cisco Examiner, San Francisco, Calif., Marine Provost Marshals Attend Special Operation Identification, by Everett F. November 1971. vol 40, No. 11, p. 15. FBI School, October 1971, vol. 40, No. 10, Holladay, Chief of Police, Monterey Some Points on Bombs and Bomb Threats, p.28. Park, Calif., June 1971, vol. 40, No.6, by David McCollum, Jr., Chief of Police, p.26. The Police Role in the Bank Protection Hot Springs, Va., April 1971, vol. 40, No. Act of 1968, by Detective Lt. Miles R. Punishment for First Offenders, by Keith 4, p. 13. Daniels, Montgomery County Police 1. Leenhouts, President, Volunteers in Taking the Bite Out of Burglaries, by Dept., Rockville, Md., June 1971, vol. 40, Probation, Inc., Royal Oak, Mich., March Lt. Myron A. Warren, Police Department, No.6, p. 16. 1971, vol. 40, No.3, p. 22. Portland, Oreg., May 1971, vol. 40, No.5, Policing an International Festival by Respect for Law and Order, by Dean Fred- p.6. Charles D. Grant, Deputy Chief of Po- erick D. Lewis, Jr_, School of Law, Uni- The Ultimate Victim, by J. Edgar Hoover, lice, Norfolk, Va., April 1971, vol. 40, versity of Miami, Coral Gables, Fla., Director, Federal Bureau of Investigation, No.4, p. 20. February 1971, voL 40, No.2, p. 11. January 1971, vol. 40, No. I, p. 21.

" cember 1971 29 FACILITIES D.C., December 1971, vol. 40, No. 12, p. 2. Sardino, Chief of Police, Syracuse, N.Y., Misdemeanor Arrest­The Presence Re- May 1971, vol. 40, No.5, p. 16. Developing a Criminal Justice Training quirement, by Donald J. McLaughlin, Educational TV Improves Operat. Program, by Clifford A. loyer, Director, Special Agent, Federal Bureau of In- Training, and Management, by . South Carolina Criminal Justice Acad- vestigation, Washington, D.C., Part I, Eugene J. Camp, Chief of Police, St. emy, Columbia, S.c., ovember 1971, vol. September 1971, vol. 40, o. 9, p. 23; Louis, Mo., January 1971, vol. 40, No.1, 40, o. 11, p. 24. Part II, October 1971, vol. 40, o. 10, p. p.3. Excellent Training Through Modern Facili- 20. Methods of Presenting Supervisory Train- ties, by Maj. Saverio A. Chieco, Director Observations on Seminar on FBI, December ing, January 1971, vol. 40, No. I, p. 7. of Training, New York State Police Acad- 1971, vol. 40, No. 12, p. 11. Observations on Seminar on FBI, December emy, Albany, N.Y., January 1971, vol. 40, Probable Cause, Warrants, and Judicial In- 1971, vol. 40, No. 12, p. 11. No.1, p. 11. novation, Part I, April 1971, vol. 40, No.4, Operation F.I.N.D., by Hon. Joseph F. A New Police Building for Milwaukee, by p. 9; Conclusion, May 1971, vol. 40, No.5, O'Neill, Police Commissioner, Philadel- Harold A. Breier, Chief of Police, Mil- p.ll. phia, Pa., November 1971, vol. 40, No. 11, waukee, Wis., October 1971, vol. 40, No. Report Final Dispositions, August 1971, vol. p.3. 10, p. 16. 40, No.8, p_ 31. A Police Command and Control System, by Respect for Law and Order, by Dean Fred- H. Green, Assistant Chief Constable, FBI NATIONAL ACADEMY erick D. Lewis, Jr., School of Law, Uni- Dorset and Bournemouth Constabulary, Dorchester, England, May 1971, vol. 40, An End to the Era of Permissiveness, Au- versity of Miami, Coral Gables, Fla., No.5, p. 14. gust 1971, vol. 40, No.8, p. 2. February 1971, vol. 40, No.2, p. 11. Search Incident to Arrest­Constructive Police Operations During a Natural Disas- ter, by Howard L. Hobbs, Chief of Police, FIREARMS Possession, by Donald 1. McLaughlin, Special Agent, Federal Bureau of Inves- Gulfport, Miss., June 1971, vol. 40, No.6, Firearms Ranges for Training Prison Se- tigation, Washington, D.C., December p. 6. curity Personnel, by Lewis W_ Dishongh, 1971, vol. 40, No. 12, p. 21. Why Weight? by Richard E. Cathey, Ex- Director of Training, Texas Department State Arrest for Federal Crime, by Insp. tension Specialist, Police Training In- of Corrections, Huntsville, Tex., April Charles A. Donelan, Federal Bureau of stitute, University of illinois, Champaign, 1971, vol. 40, No.4, p. 5. Investigation, Washington, D.C., Part I, Ill., October 1971, vol. 40, No. 10, p. 13. An Indoor­Outdoor Firearms Range, by July 1971, vol. 40, No.7, p. 21; Part II, John B. Holihan, Chief of Police, Alexan- August 1971, vol. 40, No.8, p. 19. POLICE TRAI I G dria, Va., eptember 1971, vol. 40, No.9, The Ultimate Victim, by J. Edgar Hoover, p.6. Director, Federal Bureau of Investigation, Developing a Criminal Justice Training The Safety of the Police Weapon in the January 1971, vol. 40, No.1, p. 21. Program, by lifford A. Moyer, Direcl o Home, by Capt. Victor H. Smith, Jr., Po- The Warrantless Search of Motor Vehicles, South Carolina Criminal Justice A lice Division, Flint, Mich., July 1971, vol. March 1971, vol. 40, No.3, p. 7. emy, Columbia, S.C., November 1 . 40, o. 7, p. 12. vol. 40, o. 11. p. 24. POLICE EQUIPMENT Educational TV Improves Operations, IDE TIFICATION A Better Criminal "Mousetrap," by George Training, and Management, by Col. Bank Surveillance Cameras, June 1971, vol. J. latias, Chief of Police, Cedar Rapids, Eugene 1. Camp, Chief of Police, St. 40, o. 6, p. 21. Iowa, September 1971, vol. 40, No.9, p. n. Louis, Mo., January 1971, vol. 40, No.1, Classification of Footprints, Part I, Septem- "The Car With the Camera," by Lt. Thomas p.3. ber 1971, vol. 40, o. 9, p. 18; Part II, O. Gooch, Police Department, Creve Excellent Training Through Modern Fa- October 1971, vol. 40, No. 10, p. 23. Coeur, Mo., September 1971, vol. 40, No. cilities, by Maj. Saverio A. Chieco, Fingerprintinp;: A Story of Science vs. 9, p. 16. Director of Training, ew York State Crime, July 1971, vol. 40, No.7, p. 7. Educational TV Improves Operations, Train- Police Academy, Albany, .Y., January Report Final Dispositions, August 1971, vol. ing, and Management, by Col. Eugene J. 1971, vol. 40, No.1, p. n. 40, o. 8, p. 31. Camp, Chief of Police, St. Loui , Mo., Firearms Ranges for Training Prison Secu- January 1971, vol. 40, No.1, p. 3. rity Per onnel, by Lewis W. Di hongh, LEGAL PROBLEMS A Legal Training Program Over Clo ed- Director of Training, Texas Department Compelling ontestimonial Evidence by ircuit TV, by Hon. Evelle 1. Younger, of Correction, Huntsville, Tex., April Court Order, February 1971, vol. 40, o. Attorney General, tate of California, 1971, vol. 40, o. 4, p. 5. 2, p. 21. acramento, Calif., April 1971, vol. 40, Lawmen for the Re ervation, by George S. Double Jeopardy, June 1971, vol. 40, o. 6, 0.4, p. 2. Metareli, Administrator, U.S. Indian Rhode Island's Mobile Crime Laboratory, p.ll. Police Academy, Ro well, . Mex., July Formal Consideration in earch Warrant April 1971, vol. 40, o. 4, p. 28. nit 25 for Emergency Communication, by 1971, vol. 40, o. 7, p. 16. Applications, by Insp. John A. Mintz, Fed- A Legal Training Program Over Closed- eral Bur au of love tigation, Wa hing- Col. I­Toward S. Miller, Chief, Iowa High- Circuit TV, by Hon. Evelle J. Younger, ton, D.C., November 1971, vol. 40, No. n, way Patrol, Des Moine, Iowa, June 1971, Attorney General, tate of California, p.21. vol. 40, No.6, p. 13. acramento, Calif., April 1971, vol. 40, How Sound I Your Police Lineup? by POLICE MA AGEME T Mahlon E. Pitts, Deputy Chief, Metro- 0.4, p. 2. politan Police Department, Washington, The Crime Control Team, by Thomas J. Marine Provo t Marshals Attend Spe ~

30 FBI law Enforcement Bulle"'" 1 FBI School, October 1971, vol. 40, No. 10, Cheyenne Frontier Days, by James W. chiatry, University of Utah Medical p.28. Byrd, Chief of Police, Cheyenne, Wyo., School, Salt Lake City, Utah, January Ahods of Presenting Supervisory Train- October 1971, vol. 40, No. 10, p. 2. 1971, vol. 40, No.1, p. 16. W g, January 1971 , vol. 40, No.1, p. 7. Let's Recognize­ Service and Bravery~f Police Operations During a Natural Disaster, A Police Film Library, by Maj. Clar- Our Young People, May 1971, vol. 40, by Howard L. Hobbs, Chief of Police, ence R. Carter, Police Department, No.5, p. 23. Gulfport, Miss., June 1971, vol. 40, No.6, Tampa, Fla., November 1971, vol. 40, National Police Week­Peace Officers p.6. No. 11, p. 7. Memorial Day, by Capt. Raymond E. Policin(.l an International Festival, by The Police Library, by Deputy Insp. Henry Claytor, Bureau of Police, Richmond, Charles D. Grant, Deputy Chief of Police, R. Morse, Police Department, ew York, Va., May 1971, vol. 40, o. 5, p. 2. Norfolk, Va., April 1971, vol. 40, No.4, N.Y., August 1971, vol. 40, No.8, p. 13. Observations on Seminar on FBI, December p.20. Statewide Inservice Training for Police 1971, vol. 40, No. 12, p. 11. Some Points on Bombs and Bomb Threats, Officers, by Ralph H. Jones, Director, Operation Identification, by Everett F. by David McCollum, Jr., Chief of Police, Utah Peace Officer Standards and Train- Holladay, Chief of Police, Monterey Hot Springs, Va., April 1971, vol. 40, ing, Department of Public Safety, Salt Park, Calif., June 1971, vol. 40, o. 6, No.4, p. 13. Lake City, Utah, ovember 1971, vol. p.26. 40, o. 11, p. 16. A Police Film Library, by Maj. Clar- TRAFFIC Taking the Bite Out of Burglaries, by Lt. ence R. Carter, Police Department, Myron A. Warren, Police Department, Tampa, Fla., November 1971, vol. 40. An Aircraft Enforcement Test Program, by Portland, Oreg., May 1971, vol. 40, No. No. 11, p. 7. Capt. Ervin T. Dunn, Idaho State Police, 5, p. 6. Boise, Idaho, September 1971, vol. 40, Why Wei(.lht? by Richard E. Cathey, Ex- SCIENTIFIC AIDS No.9, p. 3. tension Specialist, Police Training Insti- "The Car With the Camera," by Lt. Thomas tute, University of Illinois, Champaign, Fingerprinting: A Story of Science vs. O. Gooch, Police Department, Creve Ill., October 1971, vol. 40, No. 10, p. 13. Crime, July 1971, vol. 40, No.7, p. 7. Coeur, Mo., September 1971, vol. 40, No. Rhode Island's Mobile Crime Laboratory, 9, p. 16. POLICE UNITS April 1971, vol. 40, No.4, p. 28. A Mounted Unit for Effective Park Patrol, by Philip J. Cella, Superintendent, Fair- The Crime Control Team, by Thomas J. TECHNIQUES mount Park Police, Philadelphia, Pa., Sardino, Chief of Police, Syracuse, N.Y., March 1971, vol. 40, No.3, p. 2. May 1971, vol. 40, No.5, p. 16. An Aircraft Enforcement Test Program, by A Police Helicopter Program, by Capt. The Executive Protective Service, by Hon. Capt. Ervin T. Dunn, Idaho State Police, Palmer Stinson, Police Department, Oak- James J. Rowley, Director, U.S. Secret Boise, Idaho, September 1971, vol. 40, No. land, Calif., July 1971, vol. 40, No.7, p. 2. rvice, Washington, D.C., April 1971, 9, p. 3 . • I. 40, No.4, p. 16. Bank Surveillance Cameras, June 1971, vol. Functions and Duties of the U.S. Border 40, No.6, p. 21. Patrol, by Herman C. Moore, Chief Cheyenne Frontier Days, by James W. Byrd, Patrol Inspector, El Paso Sector, U.S. Chief of Police, Cheyenne, Wyo., October TRENDS Border Patrol, El Paso, Tex., February 1971, vol. 40, No. 10, p. 2. IN DEATH RATES 1971, vol. 40, No.2, p. 2. A Concentrated Robbery Reduction Pro- How the IRS Enforces the Tax Laws, by gram, by Sgt. Patricia A. Lamson, Police While traffic deaths decreased 2 Donald W. Bacon, Assistant Commis- Department, Phoenix, Ariz., December sioner, Internal Revenue Service, Wash- 1971, vol. 40, No. 12, p. 16. percent in 1970, the National Safety ington, D.C., March 1971, vol. 40, No.3, Legion Mandates Strong Law and Order Council reports, both vehicle mileage p. 16. Thrust for Seventies, by Hon. Alfred P. and the number of vehicles increased A Mounted Unit for Effective Park Patrol, Chamie, National Commander, The Amer- 4 percent and population increased 1 ican Legion, Indianapolis, Ind., May 1971, by Philip J. Cella, Superintendent, Fair· percent. As a result of the decrease in mount Park Police, Philadelphia, Pa., vol. 40, No.5, p. 21. March 1971, vol. 40, No.3, p. 2. Local Investigation of Illegal Gambling deaths and increase in vehicle mileage A Police Helicopter Program, by Capt. Operations, by Capt. George H. Bullen, and registration and population, the Palmer Stinson, Police Department, Oak- Jr., Delaware State Police, Dover, Del., following rates declined in 1970 from land, Calif., July 1971, vol. 40, No.7, p. 2. March 1971, vol. 40, No.3, p. 11. 1969: mileage death rate, deaths per Unit 25 for Emergency Communication, by A Police Helicopter Program, by Capt. 100 million miles of travel, 4.91 per- Col. Howard S. Miller, Chief, Iowa Palmer Stinson, Police Department, Oak- Highway Patrol, Des Moines, Iowa, June cent from 5.23 percent; registration land, Calif., July 1971, vol. 40, No.7, p. 7. 1971, vol. 40, No.6, p. 13. Operation F.I.N.D., by Hon. Joseph F. death rate, deaths per 10,000 reg- istered vehicles, 4.92 percent from PUBLIC RELATIONS O'Neill, Police Commissioner, Philadel- phia, Pa., November 1971, vol. 40, No. 11, 5.21 percent; and population death Building a Better Public Image, by Maj. p.3. rate, deaths per 100,000 population, Police Handling of Emotionally Disturbed Nolen W. Freeman, Police Department, 26.9 percent from 27.7 percent. Lexington, Ky., February 1971, vol. 40, People, by Dr. Herbert B. Fowler, Di· No.2, p. 16. rector of Continuing EduC'­lItion in Psy-

_ember 1971 31 Occupations_ Interior decorator, laborer, lithographer, painter, and truckdriver. _ WANTED BY THE FBI FBI No____ _ 4,262,150. _ Fingerprint 22026WIOI classifica- L 24 W 000 tion.

Notify the FBI Any person having information which might assist in locating this fu- gitive is requested to notify immedi- ately the Director of the Federal Bu- reau of Investigation, U.S. Depart- ment of Justice, Washington, D.C. 20535, or the Special Agent in Charge of the nearest FBI field office, the tele- phone number of which appears on the first page of most local directories.

!/f.!Jow b ~~7-ll~ WILLIAM JOHN MOORE, also known as: William J. Moore, Jr., Albert Sheldon, Whip Moore. ~~ E ~' Bank Robbery; Interstate Flight- Breaking, Entering, Larceny; Parole MILESTONES Violator August 1970 marked a milestone in the history of the NCIC. During that month, the total number of active William John Moore is being sought Parole at Washington, D.C. Federal records in NCIC exceeded 3 mile by the FBI for bank robbery; inter- warrants were also issued on Septem- and the daily average of all transac- state flight to avoid confinement for ber 23, 1970, and February 24, 1971, tions was 72,453, which was a 5.7 per- breaking, entering, and larceny; and at Newark, N.J. cent increase from July and an all­time violating the terms of his parole from high average for any month. Another a Federal penitentiary. Caution first was attained as traffic totaled On or about January 14, 1970, over 80,000 transactions daily on Moore allegedly violated the terms of Moore reportedly has carried a Tuesdays, Wednesdays, and Thurs- his parole by breaking into a private shotgun in the past and allegedly has days, marking the highest average home in Glen Rock, N.J. Moore and stated that he will not be taken alive. recorded for any day. an accomplice were apprehended as He shoul d be considered very dan- they tried to escape from the house gerous. and were charged with breaking, en- 't!~$ap.; ~'U'A«Qvr... tering, and larceny. On September 5, Description 1970, Moore and four other prisoners TRAFFIC FATALITIES escaped from the Rahway, N.J., State Age______. 43, born Oct. IS, 1928, Pat- HIGHER AT NIGHT Prison. On February 1, 1971, Moore erson, N.J. HeighL_____ 6 feet. Motor vehicle deaths at night total and three accomplices allegedly WeighL ____ . 175 to 185 pounds. only a few thousand more than deaths robbed the Peoples Trust Co. of New Build______Medium. during the day, according to the Na- Jersey in Hasbrouck Heights, N.J., of Hair______Dark brown. Eye ______over $142,000. Two of the alleged Green. tional afety Council. However, the bank robbers were subsequently ap- Complexion_ Ruddy. death rate at night, deaths per 100 Race______. White. prehended. A Federal warrant for million vehicle miles, is considerably Nationality__ American. higher­ S.7 percent as compared with Moore' arrest was issued on Janu- Scars and car under chin, inside left ary 23, 1970, by the U.S. Board of marks. forearm, right thumb. 3.3 percent during the daylight hours.

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