JANUARY 1980

---,. • LAW ENFORCEMENT BUllETIN JANUARY 1980, VOLUME 49, NUMBER 1 Contents Forensic Science 1 Speaker Identification (Part 1) Three Methods- Listening, Machine, and Aural­Visual By Bruce E. Koenig, Special Agent, Technical Services Division, Federal Bureau of Investigation, Washington, D.C.

8 Hypnosis: The FBI's Team Approach By Richard L. Ault, Jr., Special Agent, Behavioral Science Unit, FBI Academy, Quantico, Va. Crime Problems 9 Automobile Theft: An Increasing Crime Problem By Samuel J. Rozzi, Commissioner of Police, Nassau County, N.Y. , and Det. Sgt. Richard Mueller, Police Department, Nassau County, N.Y. Facilities 14 The Canadian Police College By Charles W. Steinmetz, Special Agent, Education and Communication Arts Unit, FBI Academy, Quantico, Va. Point of View 19 Higher Education for Police Officers By Thomas A. Reppetto, Ph. D., Vice President and Professor of Criminal Justice Administration, John Jay College, New York, N.Y. The Legal Digest 28 The Constitutionality of Routine License Check Stops- A Review of Delaware v. Prouse By Daniel L. Schofield, Special Agent, Legal Counsel Division, Federal Bureau of Investigation, Washington, D.C. 2S Wanted by the FBI

The Cover: Federal Bureau of Investigation Published by the Public Affairs Office, Voiceprints­finger- United States Department of Justice Homer A. Boynton, Jr., prints of the future or Executive Assistant Director Washington, D.C. 20535 investigative tool for Editor-Thomas J. Deakin today? See story William H. Webster, Director Assistant Editor-Kathryn E. Sulewski page 1. Art Director-Carl A. Gnam, Jr. Writer/Editor-Karen McCarron The Attorney General has determined that the publication Production Manager-Jeffery L. Summers of this periodical is necessary in the transaction of the public business required by law of the Department of Justice. Use of funds for printing this periodical has been approved by the Director of the Office of Management and Budget through December 28, 1983.

ISSN 0014­5688 USPS 383­310 SPEAKER IDENTIFICATION (Part 1)

The 20th century has witnessed alarms, and bomb threats are only a the rapid development and prolifera• few ways in which criminals can perpe• Three tion of communications technology• trate their acts through use of the tele• radio, telephone, television, recording phone. Often, the only physical Methods­ devices-which have profoundly influ• evidence linking an individual or group enced the manner in which individuals to a crime is a recording of one or more Listening, communicate. The telephone system voices by the police department or of modern, urban society permits in• victim. Machine, and stantaneous communication between If the police later develop sus• virtually every business and household pects in the investigation, they are in the community and is especially in• faced with the prospect of determining Aural- Visual fluential in the way we pass on infor• culpability based on comparisons of mation. Therefore, it is not surprising the voices. For this reason, lawen• that of the various communications forcement officials have an increasing media, the telephone, in particular, is need for objective, reliable methods of BY BRUCE E. KOENIG adopted by criminals, both as an aid to identifying telephone callers and the subsequent information which can be Special Agent committing their crimes and as a means of maintaining anonymity. used for investigative leads and court• Technical SeNices Division room purposes. Consequently, devel• Federal Bureau of Investigation Telephoning instructions for a ran• opments in forensic applications of Washington, D.C som payoff in a kidnaping case, trans• mitting wagering information, speaker identification are of consider• telephoning the police or news media able interest to the law enforcement to claim credit for a terrorist action, and community. communicating extortionate or ob• scene telephone calls, false fire

January 1980 / 1 A sound spectrograph gives a visual display of human speech.

Speaker identification, as used in or to human interaction which may be From the standpoint of usefulness this article, refers to a broad realm of employed in the decision process. to the police, identification by listening processes, both human and electronic, Identifying a speaker by listening has numerous drawbacks. The tech• by which voices are analyzed, com• is familiar to everyone because that is nique can be very subjective, the proc• pared, and decisions of identity made. the method used on a daily basis. Iden• ess by which people identify voices is Speaker identification methods tification by listening might occur in not completely understood, and it is have been more or less grouped into one of many forms. For example, the often difficult for the witness to convey three general categories-listening, recipient of obscene or harassing tele• adequately the basis for his identifica• machine analysis, and aural-visual phone calls may be called on to listen tion to a jury. Some speech scientists comparison using speech spectro• to the voices of several suspects (a believe, however, that identification by grams. The first and third methods are "voice lineup"). Friends, relatives, or listening may be an accurate and reli• essentially human processes, depend• business associates of a suspect may able voice identification method in cer• ing on the sensory faculties of hearing listen to a voice recording of an un• tain circumstances.! Testimony by a and sight and the comparative abilities known caller to determine whether witness that he could identify a speak• of the human brain. The second meth• they could identify the unknown voice er's voice has been admissible in most od employs electronic devices to ana• as being that of the suspect. Police courts in this country since at least the lyze the human voice, extract certain officers, listening to recordings made early 1900's, as long as the witness features that may be associated with during a court-authorized wiretap in a was able to express the basis for iden• the identity of the speaker, and com• gambling or narcotics investigation, tity.2 The weight given the testimony by pare these features against similar fea• may identify one of the callers as being judge and jury depends on a number of tures extracted from other voice a subject whom they had extenSively considerations, including the witness' samples. The decision process may be interviewed in a previous investigation. familiarity with the defendant's voice. left either entirely to the machine, in Machine analysis and comparison which case the success or failure of has the potential for being a more the technique may depend on how objective and accurate method for cleverly the machine was programed, speaker identification.3 However, for

2 I FBI Law Enforcement Bulletin Figure 1 Examiner compares spectrograms for similarities.

the present, it seems to be a more special paper and is coupled to a mag• band. As the drum revolves, the vari• useful technique for verification of a netic tape playback device, and (4) an able electronic filter passes increasing• cooperative speaker's voice when electric stylus which marks the paper ly higher frequencies with the electric compared to a relatively small group of as the drum rotates. The magnetic stylus moving parallel to the axis of the known voice samples. This type of tape recorder is first used to record the drum. (See fig. 1.) Thus, a pattern of speaker "verification" rather than speech sample onto a reel of magnetic closely spaced lines is generated on "identification" has a number of com• tape. Next, a short loop of the record• the paper. The pattern is usually re• mercial applications, for example, con• ed tape containing the portion of ferred to as a spectrogram and has the firmation of identity in bank-by-phone speech of interest is wrapped around dimensions of frequency, time, and systems. Consequently, for the most the playback device on the drum, and amplitude. 5 part, research in this area has been the speech sample on the drum is then The vertical dimension in figure 2 directed at achieving an accurate verifi• played repeatedly at high speed in or• shows frequency from 0-8000 Hertz or cation process. der to analyze its spectral or frequency cycles per second, the horizontal di• content. For each revolution of the mension shows time with each of the Voiceprint Identification drum, the variable electronic filter short vertical bars near the top desig• The third method of voice identifi• passes only a certain band of frequen• nating 0.1 second, and the darkness of cation uses speech spectrograms, or cies, and the energy in this frequency the trace indicates the energy of the what are commonly called "voice• band activates the electric stylus so voice at that time and frequency. prints," 4 to make an aural-visual com• that a spiral of varying darkness is When conducting an aural-visual parison of two voices. The tool of the produced across the paper. The dark• voice identification of two or more voiceprint technique is a sound spec• ness of the line at any point on the voices, the VOiceprint examiner uses trograph which gives a visual display of paper indicates the amount of energy the sound spectrograph to produce the complex waveforms in human present in the speech signal at the spectrograms of the unknown and speech. The sound spectrograph con• specific time within the given frequency known voices saying the same words sists of four basic parts: (1) A magnetic and phrases. The spectrograms are tape recorder, (2) a variable electronic then marked by writing each syllable filter, (3) a drum which holds a sheet of and word in the speech directly below

January 1980 / 3 I f

Figure 2

the corresponding patterns on the The above procedure requires that the acceptability of voice spectrograms spectrograms. the examiner look for unusual patterns as evidence in court. This acceptability The voiceprint examiner then uses that may be important clues for identifi• problem seems to center on the ambi• one of several methods to conduct the cation. The examiner especially at• guity of the legal rules concerning the voiceprint examination. The examiner tempts to determine which introduction of new scientific evidence can simultaneously view the spectro• dissimilarities in the spectrograms in court. fBI grams while listening to the corre• arise from interspeaker variability, indi• (Continued next month) sponding speech samples from the cating voices of different persons, and The FBI conducts voice known and unknown recorded sam• which dissimilarities arise from intra• identification examinations for Federal, ples, or the visual and aural (listening) speaker variability, indicating different State, and local law enforcement examinations can be conducted sepa• utterances of a word spoken by the authorities for investigative purposes rately. Typically, both methods will be same person. In analyzing these clues only and will not provide expert employed during the examination. and reaching a decision about voice testimony. Particular segments of the speech identification, the examiner uses both Footnot.. that appear in both the unknown and aural and visual information. 6 I Michael H. L Hacker. Speaker Rsccgnition, An Inti1f' known voice samples are then com• Even though voice spectrograms pretiv9 Survrly of IhB Ut8ftJ/ur8, (Washington, D.C.: Amari• can Spaach and Heering Association. 1971), p. 2. pared for similarities and dissimilarities are accurate and repeatable graphic • Atneric4n Law Repotts. Annotat9d, 70ALA2d, p. 996. in spectrographic patterns and voice representations of speech sounds, the •A speaker IdantiflC8tion system developed by a form In Anaheim, Calif., demonstrated an extemely low error rate characteristics. If more than one accuracy of the voiceprint technique with good quality, widaband speech and speech proc• known voice is involved, the procedure for speaker identification is unknown essed through a telephone simulator. However, when used in actual forensic applications by a major police depart• is repeated to compare each of the due to speaker variability of all individ• ment, its error rate was considerably higher as tha distor• known voices with the unknown sam• tion, varying bandwidth, and noise on the actual telephone uals, differing sample quality and dura• lines confused the system. ple. Sometimes, comparisons among tion, limited frequency bandwidth, 'Oscar Tosi, V0k:8ldtlntifiation, Theory and Legal App1I• cations, Baltimore, Md. (1979), p. 67. Tha author indicates several unknown voices are made to distortion, disguise, and other factors that tha term "voiceprinting" was first coined by C. H. Gray determine whether they are likely to commonly encountered in forensic ap• and G. A. Kopp In "Voiceprint Identification," Bell Tele• phone Laboratories (19«). belong to the same person. plications. Federal and State appellate • Hacker, SlJfX3. pp. 50-51. court decisions have been divided on • On the Theory and Pr8c1ic6 of V0k:8 ld8ntifialion (Washington, D.C.: National Academy of Sciences, 1979), pp. 8-9.

.. I FBI Law Enforcement Bulletin HYPNOSIS The FBI's Team Approach

By RICHARD L. AULT, JR. Special Agent Behavioral Science Unit FBI Academy Quantico, Va.

If you desire to involve yourself in the incident could possibly cause fur• The basic techniques are relatively a controversial subject, the "nature ther psychological harm. Moreover, simple; however, the ethical, profes• and use" of hypnosis will provide you these professionals are leery of the sional and client-centered concerns an inordinate amount of debate, par• potential for "leading" or "cueing" indi• are acquired over time ...." 5 ticularly on the use of hypnosis in law viduals under hypnosis. That is, they Harry Arons, a longtime proponent enforcement. 1 There exists today dis• fear that police may, wittingly or unwit• of law enforcement's use of hypnosis, agreement between police officers tingly, implant "clues" in the mind of quotes an article appearing in Popular who are doing their own hypnosis on the hypnotized witness or victim.3 In a Mechanics written by George J. Bar• witnesses and victims of crimes and recent article in The Police Chief mag• mann: some medical and mental health pro• azine, Bill Putnam states, "There is the "Dr. Gerber, who is one of the few fessionals who believe unrestricted possibility, however, that witnesses coroners with both medical and legal use of hypnosis is dangerous. Addition• questioned under hypnosis are more degrees, says that police departments ally, there are individuals in the legal suggestible and, therefore, are more will want to use only the best men, profession who are concerned about likely to give the answers that they properly trained medical people, either the possible misuse of hypnosis by think the interrogator wants them to on the staff or on call, as hypnotists. 2 police. give." 4 To be truly effective they must know a John Stratton, a psychologist with great deal about medicine and human Review of Controversy the Los Angeles Sheriff's Office, says: behavior." 6 The scientific community (those "As the techniques of hypnosis Law enforcement personnel do professionals, such as psychiatrists, can be quickly taught, so too can the not disagree with the idea of the ethical 7 psychologists, and physicians, who basic techniques of surgical removal of use of hypnosis. Their disagreement is use hypnosis) takes the position that an appendix. . . . However, the diag• with the idea that hypnotism is a dan• hypnosis can be dangerous in the nosis, the numerous pre- and post• gerous tool. Supporters maintain they hands of individuals who are not operative procedures, as well as the are not using hypnosis in a therapeutic trained to judge the mental health of infinite possibilities of side effects, context,8 but rather, the use of hypnosis those persons they are hypnotizing. . . . require years of training and ex• by law enforcement is limited to that They argue that many witnesses, and perience. This is also true in hypnosis. area known as "hyperamnesia," which more particularly victims of crimes is "the retrieval of information or an such as rape, are often severely trau• increase in memory recall greater than matized psychologically as well as that achieved at volitional or non-hyp• physically. For police to hypnotize notic levels." 9 these individuals and have them relive

January 1980 / 5 Advocates of law enforcement's The FBI's policy basically states Training of Coordinators use of hypnosis say that the fear of that the FBI is to use hypnosis only in As with many new programs, the police creating or precipitating mental select cases. This would include bank FBI had some early problems in its use illness or implanting memories are robbery, where force is used or a large of hypnosis. The results obtained were baseless. These proponents state that amount of money is involved, kidnap• not consistent from field office to field they have noted no adverse reactions ing, extortion, and crimes of violence office. Some Agents contacted doctors from those who have been hypnotized which occur where the FBI has jurisdic• who did not want anyone present, ex• by police. Further, the evidence ob• tion. Hypnosis is confined to use with cept the witness and the doctor, during tained under hypnosis must be cor• key witnesses or victims of crimes the hypnosis interview. Other doctors roborated. The fact that an individual is only. No one who has the potential of did not want video tapes made of the more receptive to suggestion under becoming a suspect or subject in a session. These and other problems hypnosis is acknowledged, 10 but poor case is to be hypnotized for any rea• were not in keeping with the legal questioning or shoddy police work is son. For the sake of brevity, the term needs of either the FBI or the pros• just as likely without the use of hypno• "witness" will be used in this article as ecuting attorneys. With this in mind, the sis as with it. Hypnosis itself does not a substitute for "witness/victim." Training Division of the FBI instituted a create slipshod investigation. program for 60 of its Agents from field One fact does emerge from this offices throughout the United States. controversy over who should conduct " .. . there is value in Its purpose was not to train Agents as the hypnotic sessions: All involved the use of hypnosis to hypnotists, but to teach them the agree that there is value in the use of theory, techniques, and hazards of the hypnosis to elicit additional information elicit additional use of hypnosis. These Agents are the from witnesses or victims who may not information from FBI 's "hypnosis coordinators" and are otherwise have it readily available to witnesses or trained to bridge that gap which exists the conscious mind. 11 VIC " t" Ims.... " between the professional, who does not always understand our legal needs, History and the FBI, which does not always The history of hypnosis is ade• The FBI uses only highly qualified understand medical needs. The coordi• quately discussed in numerous books hypnotists to do the actual induction. nator is responsible for setting up and articles. 12 From ancient Egyptians The use of hypnosis must be dis• every hypnosis session. This assures who practiced "faith healing" to Braid, cussed with the U.S. attorney and his more centralized control of the use of who first named the phenomenon permission obtained. The U.S. attorney hypnosis in each FBI field office. " neurohypnotism" in 1843, and from must then obtain written permission Members of the social science Braid to the present where the nature from the Assistant Attorney General of community assisted in this training by of " hypnotism" is still debated, 13 the the Criminal Division, U.S. Department participating in this seminar which was use and abuse of hypnosis throughout of Justice. The current policy also designed to provide instruction to the history is well-documented. states that no Agent may participate in 60 Agents. Disagreements about the nature a hypnotic interview without written On completion of the first 4-day of hypnosis will continue, but whatever permission from the Attorney General. seminar, the Agents were charged with its nature or however it works, it does Further, the hypnotic interview must be the responsibility of returning to their work with many people. 14 recorded in its entirety, either by audio offices and seeking a qualified profes• or video tape, with video the preferred sional to assist in future hypnosis ses• The Team Approach­­FBI Policy method. sions. Arrangements with this The FBI has adopted a " team" The guidelines specify the use of a professional would include such items approach in its use of hypnosis. Formal psychiatrist, psychologist, physiCian, or as the doctor's willingness to allow at FBI policy for the use of hypnosis, dentist who is qualified as a hypnotist. least the Agent coordinator to be pres• based on guidelines set out by the U.S. The use of a qualified health profes• ent at the hypnosis session, possible Department of Justice, has been in sional provides additional protection locations for interviews, an under• existence since 1968 and has re• for the witness, the cost of which is standing that the entire interview must mained virtually unchanged since then, minimal. Agents have used the serv• be recorded and recorded in a specific although recent revisions in 1979 in• ices of professionals who have given way (which will be discussed), arrange• clude the use of Special Agents who generously of their time, or who have ments for payment, and amount act as hypnosis coordinators. charged only a modest fee for the charged for the service. sessions, because of their desire to help in what is for some a new area of hypnosis. Furthermore, the FBI has found that this added protection has not restricted Agents in their use of hypnosis.

6 I FBI Law Enforcement Bulletin Specific Techniques Check List trists, or phYSicians. Further, while our The area of greatest concern was To prepare the coordinator for the policy does include the use of dentists the potential for "leading" witnesses. task of setting up a session, each who are qualified as hypnotists, no While "cueing" does exist with or with• Agent was provided with an informal dentists have been used as of this out hypnosis, the suggestibility of a check list which he could use in his date. The qualifications of a hypnotist witness in a state of hypnosis may be operations. The check list is set out as are somewhat vague. There is no even greater than when not hypno• follows: standard for a "qualified" hypnotist per tized. 15 To offset this tendency, and to se. However, several societies, such provide a record should the witness' Preliminary as the American Society of Clinical information be used in court, recording 1) Only witnesses and victims Hypnosis and the Society of Clinical the hypnosis session should be con• should be hypnotized and only after and Experimental Hypnosis, do set ducted in three parts. other methods of investigation have standards for the use of hypnosis and In the first segment, the psychia• been exhausted. (It should be noted the training of hypnotists. It is to these trist, psychologist, or physician ex• here that the FBI does not intend hyp• standards the FBI refers when we plains to the witness what hypnosis is, speak of "qualified. ") what some misconceptions are, and 5) Items to be discussed with pro• what should happen during the course " .. . no Agent may fessionals: of the session. The professional will participate in a -FBI requirements (for recording also determine that the witness has no hypnotic interview sessions; for keeping tapes; and particular problems which preclude various legal requirements.) hypnosis. The coordinating Agent is without written -Dangers of cueing. present and may also ask questions to permission from the -Desire for coordinator to do the assure that the witness knows why Attorney General." interviewing. (This is not an inflexi• he/she is participating in the hypnosis ble rule. At this time, many psychi• session. nosis to replace normal investigative atrists and psychologists have In the second phase, either the procedures. It is not meant as a "hurry done enough work with FBI professional or the coordinator asks up" substitute for proper investigation.) Agents that the professional him• the witness to relax and attempt to 2) Refer to and follow existing FBI self can and does conduct much remember as much as possible con• policy. of the interview.) cerning the incident. This is done with 3) Video tape requirements will be -Agreement on payment. no prompting. Neither the Agent nor planned in advance of the first inter• (Charges may be by the hour, by the professional should ask questions view and should include: the session, by number of per• until the witness has had a chance to -Location (a quiet spot free from sons, or a flat rate.) "run down." Then, any questions excess noise and large enough -Long-term arrangements, such asked would be based only on what that those present will not crowd as the possibility of obtaining se• the witness has remembered during the individual being hypnotized; a curity clearance for the doctor and this phase. comfortable chair; adequate heat• the doctor's future participation in The last phase is the actual induc• ing or cooling; proper lighting). FBI cases. tion. After appropriate hypnotic induc• -Equipment (video equipment; -Comfort of witness. tion, and then regression, the witness proper number of microphones; a The Hypnosis Session: is again asked to tell what he can time-date generator, if available). 1) The preinduction interview, that remember. Once more, questions -Properly cleared personnel to portion conducted on tape prior to the should be based only on that informa• operate equipment. hypnosis session, should include: tion produced during the hypnotic ses• -A proper briefing for camera -Discussion of hypnotist's back• sion. It is better for the hypnotist, as crew (if any). ground. well as the coordinator, to know as 4) Choice of professional-only a -Voluntary participation of wit• little as possible about the case, so psychiatrist, psychologist, physician, or ness. Signing consent form. that cueing is minimal. With the above dentist. (It should be noted that the use -Brief description of procedures. method, there appears less chance for of the terms "psychologist" and "psy• -Removal of misconceptions. the questioner to "slip," even if he chiatrist" is regulated by most States -Discussion of basic health of does have knowledge of the case out• and the District of Columbia. The FBI witness (back trouble; contact side the witness' memory of the event. currently uses only those properly lenses; color blindness; heart The time involved for all three trained individuals who are licensed or problems, mental disorders, blood phases is usually about 1-3 hours, de• certified as psychologists, psychia• pressure, if possible; diabetes). pending on the details recalled by the Any health problems must be re• witness and the length of the profes• solved prior to interview. sional's explanation.

January 1980 I 7 2) Prior to taped interview, coordi- Often overlooked as a member of introduced a "doctor­patient" relation- nating Agent will confer with others the "team," an artist has often proved ship into the investigation, and its use who may be present to advise them of to be invaluable in a hypnosis session. assures the additional protection of the need for keeping quiet and unob- Several cases in which the FBI was witnesses and victims, as well as the trusive. involved were resolved in dramatic minimization of any dangers, real or 3) Prior to hypnotic induction, the fashion only because the artist was not, through the use of hypnosis. Fur- witness will be allowed to relax and able to obtain a satisfactory composite ther, while there is no doubt that there recount all the details he/she can re- sketch of the suspect. Artists assigned may be a few individuals in law en- call of the incident in question. Do not to the FBI Laboratory are available to forcement who are unscrupulous in lead or question. Merely allow the wit- travel to various field offices to work their techniques, this may also be true ness to recount details in any order he with the witness, coordinator, and doc- in the mental and physical health pro- desires. tor to produce composite drawings of fessions. The team approach may well 4) The induction will be done by the suspects. These artists are familiar help offset doubts about the profes- the professional. The coordinator with the use of hypnosis in aiding recall sionalism of either party. The FBI does should note for his records the doctor's and the FBI's guidelines on hypnosis. not tout its approach as the only opinion of the depth of trance and by method. However, law enforcement what method the doctor estimates that agencies may want to consider some depth. " .. . the FBI does not of the Bureau's guidelines to improve 5) The doctor may then transfer intend hypnosis to their existing program or establish the rapport to the coordinator for question- replace normal place of hypnosis in their departments. ing about the incident. The coordinator PBI will again simply let the witness recall investigative the incident without prompting. After procedures." Footnote. , Ron Alsop, " Clue That is Buried in Subconscious the witness has recalled the incident, May Crack Case." Well Street Jcumsl (Midwest) June 27, the coordinator may go back and "zero The Future of Hypnosis 1978, p.l ; R. W. Dellinger. " Catching Criminals Through Hypnosis:' The Weshington pose March 26. 1978, Sec. C, in" on specific details. While hypnosis will continue to be p. 2; S. Johnson. " Hypnosis: Opening Crime VICtims' Minds: Hopes and Fears," Minneapolis Star. February 8, 6) Rapport will be transferred back a minor tool in the investigator's reper- 1979, p. 1; M. Reiser. " Hypnosis as a Tool in Criminal to the doctor who will dehypnotize the toire, it is nevertheless an effective Investigation," The PoIic6 Chief. November 1976, pp. 36­40; R. Wilson, " Hypnosis: Investigating tha witness. The doctor is in charge of the one. Preliminary study has already Subconscious," PoIic6 Megazine, January 1979, pp. session. (If the Agent coordinator finds shown that hypnosis can save man- 14­20; Newsletter, Division 30: Psychological Hypnosis, American Psychological Association, December 1978. that the doctor's requirements do not power in investigations. The potential ' F. L Bailey and H. B. Rothblatt, CrimBS of VIOIenc6: meet the FBI's minimum legal stand- exists for the use of hypnosis with Homicide snd Asssu/t (Rochester, N.Y.: Lawyers Cooperative Publishing Co.) p. 83. ards, the Agent may find another doc- Agents themselves to enhance their I Alsop, note 1; Dellinger, note 1; Bailey, note 2; D. W. Shafer and R. Ramon, " Hypnosis to Aid Recall of tor. In fact, he is required to do so. But own recall of various items or events. Witnesses," The IntBm81ion81 Joumsl of C/inic81 end once the session is started, the doctor One area which may be explored ExperimenIBI HypnosIs, April 1978, pp, 83­84; R. Reiff and M. Scheerer, Memory end Hypnotic Regression. (New is in charge.) is the use of hypnosis to reduce stress YorI<: International Universities Press, 1959) p. 61. 7) The original video tapes ob- among Agents involved in undercover • B. Putnam, "Some Precautions Regarding tha Use of Hypnosis In Criminallnvesligations," The Police Chief. tained from the interview are evidence operations or other critical activities. May 1979, p. 62. and are treated accordingly. The chain While this could prove very valuable to • J. G. Stratton, " Tha Use of Hypnosis in Law Enforcement Criminal Investigations: A Pilot Program," of custody is maintained, and the tapes Agents, it might also be argued that Joumsl of PoIic6 Science end AdminislrBtion, April 1977, pp. 399-406. are stored in a secure location. Copies this particular use of hypnosis is actual- • H. Arons, Hypnosis in Criminal Investigation (New of the tapes are provided to the Behav- ly "therapeutic" in nature and thus out Jersey: Power Publications, Inc., 1977) p. 104. , Johnson, note 1. ioral Science Unit of the Training Divi- of the FBI's purview. The "team" con- I Reiser, note 1, p. 36. sion at the FBI Academy for cept is designed to offset arguments I W. S. Kroger, Clinics/end Experimentel Hypnosis, 2d ed. (Philadelphia. Pa.: J. B. Uppincott, 1977) p. 16. assessment and research. such as this, because the fact that a oo Alsop, note 1; Kroger, note 9. At this time, the FBI has used psychologist or psychiatrist is working n Arons, note 8; Kroger, note 9; Putnam, note 4; M. Reiser, Letter to Editor of American Psychological hypnosis in excess of 50 cases, and in with the Agent would enable him to Ass0ci8tion Division 30: Psychological Hypnosis- 60 percent of those cases, the results Newsletter, December 1978, p. 4; Stratton, note 5. employ such a technique. .. R. G. Douce, " Hypnosis: A Scientific Aid in Crime show that additional information was The team approach has proven to Detection," The PoIic6 Chief. May 1979, p. 60; Kroger, note 9, pp. 1­ 7; L J. LeCron and J. Bordeaux, Hypnotism obtained. Some of this additional infor- be of great value to the FBI. The nature Todsy (Hollywood, Cain.: Wilshire Book Co., 1976); M. M. mation was relevant and provided im- of this approach is such that it has TInterow, Foundations of Hypnosis-From Mesmer to Freud (Springfield, III.: Charles C. Thomas, 1970). mediate results, such as a very .. T. X. Barber and W. DeMoore, " A Theory of accurate artist's sketch made from the Hypnotic Induction Procedures," The Amerlc8n Joumsl of Clinicsl Hypnosis. October 1972, pp. 112­ 135. witness' recall under hypnosis. Some .. Alsop, note 1; Barber, note 13; K. S. Bowers, of the information is still open to ques- Hypnosis for the Seriously Curious (Monterey, Calif.: Brooks/ Cole Publishing Co., 1976); M. T. Orne, "The tion, since by its nature corroboration is Nature of Hypnosis: Attiface and Essence," The Joumslof AbnonnsJllndSocIal Psychology. May 1959, pp. 277­ 299. made difficult. .. Kroger, note 9; Putnam, note 4.

8 / FBI Law Enforcement Bulletin Automobile Theft NCREASING CRIME PROBLEM

The Chop Shop* Had the parts been sold, several On March 20, 1979, a 1978 auto• body repair shops would have been mobile valued at approximately $6,000 able to provide their unsuspecting le• was reported stolen from a large, sub• gitimate customers with replacement urban mall located near New York City. parts secured at a fraction of their At the time of the report, the owner value without the inconvenience of a 1• indicated that he had parked the car at or 2-week wait to receive factory• 10:30 a.m., and after shopping, re• ordered parts. turned at 11 :15 a.m. to find it stolen. The legitimate customer would The automobile, in this case, was have his car returned in perhaps a day recovered 4 days earlier as the result or two. The body shop owner might purchase a $2,800 "nose" (front-end By SAMUEL J. ROZZI of a raid conducted on a "chop-shop" in Brooklyn, N.Y. The owner, who was assembly) for $1,500, and yet would be Commissioner of Po/ice a party to the scheme, left his auto able to bill the customer's insurance Nassau County, N. Y. there and had been told to wait several company at the going rate of $2,800. and days before reporting the vehicle Further, the body shop owner would DET. SGT. RICHARD stolen. At the time of its recovery, the not have his lot cluttered with cars MUELLER car was found to be in a partial state of waiting for ordered parts, enabling his Po/ice Department disassembly, together with 29 other business to operate on a quick turn• Nassau County, N Y. stolen late-model vehicles in similar over, high-profit basis. The "contact," condition. The value of the car, had it who is the intermediary between the not been recovered, would have in• auto thief and body shop owner, would creased three-fold, from $6,000 to ap• receive perhaps $500 for the arrange• proximately $18,000, since it was ment, while the individual who actually about to be sold piece by piece. "stole" the automobile would receive approximately $150. In short, with the •A "chop-shop" is a facility. usually a body shop exception of the legitimate customer, that disassembles stolen autos for purposes of • selling the parts. usually through an organized everyone would have a sizable finan• network. cial gain.

January 1980 / 9 The Dupe** affixed the 1973 VIN to its proper posi• Vehicles other than automobiles tion on the truck door. The color of are not immune from the activities of paint under the VIN plate should have the professional thief. been the original color of the truck had In November 1978, the local office it not been removed prior to repainting . of a nationwide automobile and truck Since, in fact, it was the same as the rental company reported the theft of a present color of the truck, it was obvi• 1978 diesel truck valued at approxi• ous that the plate was affixed after the mately $20,000 from its storage yard. repainting. In January 1979, the police were noti• Each of these incidents is a vari• fied by the rental company that they ation of auto theft. Involvement may go had received an anonymous phone call beyond the local level, since there are indicating that employees of a compa• frequent instances where stolen vehi• ny which held a service contract with cles are, in their entirety or in pieces, the rental company had stolen several shipped out of State and even out of of the firm's trucks from the storage the country. yard, re-registered them, and were us• The 1977 Uniform Crime Reports ing them for their own purposes. indicate that one automobile is stolen The subsequent police investiga• every 33 seconds in this country. No Commissioner Rozzi tion uncovered that in the latter part of matter what variation occurs, there is 1977, " paper" (meaning a vehicle profit to be made by those who are identification number and necessary willing to violate the law, and money to ownership and registration material) be lost by honest citizens who must was purchased from a salvage compa• pay the higher insurance premiums ny that bought used, damaged, and caused by this criminal endeavor. The mechanically unsound trucks from the chance, incidentally, is not a grave rental company. In this instance, the one. If one conducts research into the paper was for a 1973 truck that was sentences of auto thieves, it becomes almost identical to the stolen 1978 quite obvious that the thief may expect truck. The company holding the serv• a minimal sentence, and generally, the ice contract repainted the stolen 1978 charge will only be a misdemeanor. truck and affixed the vehicle identifica• No jurisdiction is immune from the tion number (VIN) plate from the 1973 auto theft problem. In 1978, over 5,500 truck in the appropriate place. Since vehicles were stolen in Nassau County, both vehicles are virtually identical in with an equal number being stolen in external appearance, one might ask neighboring Suffolk County. New York how the stolen 1978 model disguised City, the western neighbor of Nassau as a 1973 model was identified. Sever• County, recorded some 96,000 stolen al things attracted the investigators' vehicles in the same period. Nassau attention. First, exterior model mark• County's recovery rate was approxi• Detective Sergeant Mueller ings indicated the truck to be a diesel mately 57 percent, up from 37 percent when, in fact, it was registered as gas• in 1977, but down from over 90 percent driven. This alone was sufficient prob• just 10 years ago. The 20-percent in• able cause to look for identification crease in recovery rate between 1977 numbers. Second, further inquiry deter• and 1978 is a result of the police de• mined that the 1973 model was a partment's commitment to controlling 4-cylinder, gas-driven vehicle. The the problem. 1978 truck, although identical in body shape, was a 4-cylinder diesel. In this case, the thieves had registered the diesel as a gas-driven vehicle. And last, the thieves repainted the vehicle to match their company colors and

" "The " dupe" (duplication) refers to a stolen vehicle that has been legally registered as a result of the use of a VIN from a salvage vehicle (vehicle certified for destruction).

10 I FBI Law Enforcement Bulletin Joy­riding is no longer a major problem. Autos stolen for this purpose are, with few exceptions, recovered. The youth of our affluent population either own their own vehicles or have access to vehicles owned by their par• ents. The real problem centers around the professional thief who uses one of the methods previously described. The chop-shop may work in con• junction with a car thief who steals cars only for parts, or with the automobile owner who wishes to dispose of his vehicle for some reason (debt, me• chanical unsoundness, etc.). Teenage car thieves may be given $50-$150 to steal late-model cars which they deliv• VIN plate from a 1973 "salvaged" truck which was affixed to a stolen 1978 vehicle. The outward er to chop-shops. These cars are dis• appearance ofboth vehicles is virtually identical. mantled, and parts are cataloged and sold either to body shops or auto parts dealers. There is a network organiza• tion to dispense these parts. It is esti• mated that the illegal parts business grosses $4 billion annually-all of this tax free. It is no wonder that the insur• ance rates in urban areas, and particu• larly the New York metropolitan area, are among the highest in the Nation. When dealing with a chop-shop, the automobile owner is usually re• quired to leave the vehicle registration, and when the auto has been disman• tled and the chassis crushed, the regis• tration is returned to him by mail with the OK to report it stolen. Since at this point the car has been literally reduced to pieces, it can virtually never be recovered. The contact purchases a salvaged (totally wrecked) vehicle for the ex• press purpose of obtaining the VIN plate and the corresponding ownership documents. This individual pays top dollar for these "basket cases," ex• cluding legitimate salvage buyers from VIN plate on a duped truck. In this instance, the duped VIN plate hadbeen affixed after the stolen making the purchase. Once the pur• truck was repainted. chase is made, a thief is commissioned to steal a vehicle that matches the basket case in every way. Depending on the expertise of the contact, one or more of the vehicle identification num• bers will be changed to make the stolen vehicle appear to be the salvaged vehicle. The remains of the salvaged vehicle are crushed, and the altered vehicle is resold to an unsuspecting buyer through one of several different ploys. Perhaps a

January 1980 / 11 A second dimension is to raise the level of awareness Qf law enforcement officers in terms of the problem, the techniques involved, and what to look for in addressing this problem. 2) Aggressive and active auto theft investigation. Law enforcement agencies must encourage aggressive and active investigation on the part of their officers, whether they be patrol officers or detectives. Do your officers routinely monitor body shops with an eye toward observing rapid repairs? Do they routinely stop unmarked flat-bed and conventional tow cars which are transporting late model vehicles that appear to be undamaged? In regard to the burgeoning truck theft problem, a productive technique might be to en• courage patrol officers to pay close attention to truck identification num• bers when dealing with disabled vehi• cles, accidents, traffic stops, and truck weighing facilities. Interior view ofa chop-shop. Note that ell of the As a bit of agency introspection, late model vehicles, some of which svll bear has your auto theft reporting procedure registravon plates, are in a partial state of disassembly. When this photo was taken, several been reduced to simply taking an affi• of the vehicles had not been reported stolen. davit and then filing it? 3) Liaison with other law enforce• ment agencies. Task force and region• smooth­talking salesperson will be• Dealing with the Problem al models are the most productive in friend the owner of a service station or What can law enforcement offi• dealing with organized auto theft be• body shop and pose as a repossessor. cers do to control the auto theft prob• cause of the absolute necessity for The proprietor of these establishments lem? interagency cooperation and informa• will be asked if he could put a "nice The answer is to undertake an tion sharing. Isolationist policies are car" with a "nice family" in return for a aggressive and progressive manage• counterproductive in auto theft investi• small finders fee. Other duped vehicles ment approach whereby all related re• gations, and indeed, in most facets of may be sold through small dealers or sources are identified and used. police work. at auto auctions. Such vehicles may Specifically, the following can be of 4) Relations with the insurance in• also come into the hands of major assistance: dustry. Are you familiar with the serv• automobile dealers to be sold to 1) Prevention through education. ices of NATB? Have you considered unsuspecting buyers. Act before the fact. This is the most forming an ACT committee? If you are These illegitimate activities hllve meaningful approach. Law enforce• unfamiliar with these organizations, it is the residual effect of inflating prices to ment agencies must strive to raise the an indication that you have not tapped legitimate body and fender repairmen, level of consciousness of the public so one of the active resources available and even worse, they create the im• that they will make the necessary effort to you in connection with auto theft preSSion to the public that the entire to reduce theft opportunities. Such enforcement. ACT committees (Anti• industry may be involved in illegal be• cautions as not leaving the key in the Car Theft) have been formed in several havior. ignition, remembering to lock the vehi• regions of the United States under the cle, and not becoming involved in sponsorship of NATB (National Auto • "chance of a lifetime" automobile pur• Theft Bureau) to launch auto theft chases must be emphasized. While these cautions seem to be somewhat obvious, they apparently are not since almost 40 percent of auto thefts in• volve situations where keys are left in the ignition and almost 80 percent in• volve unlocked vehicles.

12 I FBI Law Enforcement Bulletin campaigns in which social and commu- iar with the provIsions of the Motor ment and the motivation and imagina- nity groups are encouraged to join Vehicle Theft Prevention Act of 1979, tion of law enforcement personnel. It is forces with representatives of law en- which is presently pending before the the responsibility of the police manager forcement, government, and industry. U.S. Congress? Among other things, to establish the proper climate in the Relationships such as these can pro- this act would require manufacturers to organization. PHI duce something as Simple as the number all component vehicle parts rewording of insurance claim form ter­ ~e in this country, as well as those The Nassau County Policy minology or improvements in the parts which are imported. It would fur- Department's Teleview Unit has form's caveat, both of which can be of ther require any person, be it the oper- prepared a short video cassette invaluable assistance in improving your ator of a salvage yard, body and fender program to train its patrol officers to ability to enforce fraud and "falsely shop, or auto dealer, to record by num- recognize the indicators of a "duped" reporting" statutes. The ultimate goal ber each identifiable part he receives. vehicle. Copies of the program are of such law enforcement­industrial co- Other provisions would allow for the available to interested law operation may be to seek reductions in seizure of any parts which show evi- enforcement agencies by writing to insurance rates for the citizens in your dence of number alteration or removal. the Nassau County Police Department, jurisdiction. In conclusion, whether one 1490 Franklin Ave., Mineola, N. Y. 5) Legislative suggestions and chooses to recognize the growing 11501, and enclosing a blank support. Do you support legislation re- problem of auto theft, it is a reality. 3/4-inch Video cassette. lated to auto theft, and more important­ Aggressive enforcement and the ability Iy, have you contributed suggestions to to control auto theft are limited only by the legislative process? Are you famil- the degree of administrative commit-

Final 1978 figures extracted from Other highlights from the 1978 1978 the annual publication, "Crime in the publication are: United States," show that more than ­Murder offenses were up 2 percent Crime 11 million Crime Index offenses were over 1977, but decreased 6 per- reported to law enforcement agencies, cent from 1974. Statistics indicating a 2­percent rise from 1977 ­Forcible rape rose 7 percent from and a 9­percent rise from 1974. the previous year. There was an average of 5,109 ­Although robbery offenses increased offenses per each 100,000 persons 3 percent over 1977, there were 6 residing in the United States. The vio- percent fewer of these crimes lent crimes of murder, forcible rape, than in 1974. robbery, and aggravated assault, rep- ­Incidents of aggravated assault were resenting 1 0 percent of the total vol- up 7 percent over 1977 and 22 ume of Index offenses, increased 5 percent over 1974. An average of percent. Property crimes of burglary, 62 per 1 00 cases of aggravated larceny­theft, and motor vehicle theft assaults were cleared. were up 2 percent as a group. ­The total loss resulting from burglary In 1978, law enforcement agen- offenses was estimated to be $1.6 cies were successful in clearing 21 billion, an average of $526 per percent of the reported Index burglary. Residential burglaries ac- crimes­46 percent of the violent counted for 65 percent of all crimes and 18 percent of the property burglaries, "and 73 percent in crimes. An estimated 10.3 million ar- volved forcible e~ rests were made for all crimes except ­An estimated average of l-ot every traffic violations. Of those arrested, 40 145 registered motor vehicles ~ percent were under 21 years of age stolen in 1978. ­­ ..... , and 57 percent were under age 25. ­The most voluminous Index crime 0­...... Arrests of males outnumber those of was larceny­theft which account- ...... females by 5 to 1. ed for 5,983,401 offenses in 1978, more than half the Index total, and resulted in total losses estimated at $1.3 billion. I'BI

January 1980 / 13 14 I FBI Law Enforcement Bulletin • The Canadian Police College

By CHARLES W. STEINMETZ Special Agent Education and Communication Arts Unit FB/Academy Quantico, Va.

The Canadian Police College Today, strides toward the integra• (CPC) is located along the Ottawa Riv• tion of professional education and po• er in Ottawa, Ontario, the capital city of lice training are made under the overall Canada. In every sense of the w9rd, it mission of the Canadian Police Col• is a college for law enforcement pro• lege, which is to encourage, guide, and fessionals. Students come from Feder• stimulate both individual and organiza• al, Provincial, and municipal police tional effectiveness within all of the forces, the Canadian Armed Forces, Canadian law enforcement agencies. and other countries. Eleven years be• Achievement of this mission is being fore the official opening of the college realized through planning, develop• on November 10, 1976, it was pre• ment, and implementation of special• mised that the college should provide ized and general training; development "experienced police officers with every of related educational programs; and essential form of police training, from the provision of research, information, organization and administration at the and advisory services to support and highest level to sophisticated investi• supplement the mission. gative techniques." Further, it Nas not• An advisory committee, which is ed that "this police college is to be composed of representatives of the open to qualified members of any Ca• Provinces, the Federal Ministry of the nadian police force. "1 This original Solicitor General (equivalent to the planning goal has been achieved and U.S. Attorney General), and the police expanded nationally to complement profession, meets semiannually to re• the law enforcement training programs view the progress and objectives of the not only of the Provincial and municipal college. In their efforts to set long-term police agencies but also Canadian ci• objectives and priorities for police edu• vilian academic institutions as well. cation, the committee is not content to merely serve as a review board. The committee members, well-acquainted with the system of criminal justice in Canada, have encouraged the estab• lishment of specific objectives which clearly recognize the need for change that has become such a critical facet of quality police education and training.

January 1980 I 15 These objectives are: The original CPC course was an Faculty Exchange program 1) Continuous review of training, edu- advanced course for police officers A new phase of the professional cation, and management develop- with the rank of sergeant or higher and development of the college staff was ment needs; was concerned with instruction in the initiated in 1978 during a conference 2) Translation of those identified law and related police procedures. A conducted with representatives of the needs into effective programs and visit to the college today would reveal FBI Academy at Quantico. This confer- courses of learning; a much broader and sophisticated cur- ence resulted in a formal mutual agree- 3) Development and implementation riculum that includes all facets of con- ment for an exchange of faculty of systems for monitoring the envi- temporary law enforcement. members on a periodic, one­for­one ronment in anticipation of future basis. The basic exchange is normally needs for change; Instructional Staff for 2 weeks, which allows each visiting 4) Implementation of program evalua- The instructional staff is drawn instructor the opportunity to step di- tion systems to measure effective- from various sources. However, a cad- rectly into the classroom and teach, ness against standards; and re of RCMP members is permanently monitor classes, engage in exchange 5) Recruitment and development of stationed at the college. These men of ideas and materials, and otherwise expert human resources to meet are senior noncommissioned officers function as a full staff member of the program development and imple- (NCO) and are selected for their ability host institution with all of the inherent mentation demands.2 as instructors, as well as for their expe- privileges and responsibilities. rience in various aspects of policing. In OccaSionally, instructors who History addition to having and continuing to have specific expertise on a topic It is interesting to note the similar- develop their education in the areas of which would benefit the counterpart ity between the early stages of the administration, management, and com- institution are invited for a less exten- Canadian Police College and the origi- munication, some instructors have ex- sive period of time, specifically for the nal National Police Academy, which tensive experience in drug investi- purpose of delivering appropriate lec- was sponsored by the Federal Bureau gation, photography, identification pro- tures. of Investigation in the United States. cedures, instructional techniques, ex- The CPC recognizes that "the ma- The CPC course was established in plosives, and gambling investigation. jor foundation of police effectiveness 1938 to fill a need for advanced train- In addition to the permanent staff, and of their responsiveness in provid- ing for Canadian police officers, where- which numbers approximately 40, the ing a community service" must be as the FBI's program, prompted by college invites police agencies through sound education and training.4 President Franklin D. Roosevelt, was throughout Canada to send NCO's or This concept is clearly compatible with established in 1935. The early CPC officers to act as course directors for the goals of FBI­sponsored training course and FBI­sponsored training the duration of a specific executive and education and is realized through were both developed in response to development course or senior police the faculty exchange program. It is a each Nation's need to provide educa- administration course (SPAC). These program that is viewed by both the tion for its police officers. The Canadi- course directors perform a role similar RCMP and the FBI as a significant step an course was convened by the Royal to the counselors at the FBI's National in achieving the rapid exchange of in- Canadian Mounted Police (RCMP). Academy. For comparative purposes, formation and concepts in the vast and Since the late 1930's, the CPC the SPAC program is not unlike the FBI always expanding area of law enforce- course has evolved into a sophisticat- NA, both in mission and scope. ment education. ed college, although the location has Other guest speakers have been changed from Regina to Ottawa for invited from the academic, business, Curriculum advanced training. The American Na- and government sectors because of The college recognized early that tional Police Academy, in turn, has de- their individual knowledge and exper- much of the benefit of a police training veloped into the FBI National Academy tise. Prof. William Kelloway of the CPC curriculum could be derived only if pro- (NA). The FBI program has also ex- anticipates that this phase of education grams were flexible in response to panded, both in enrollment and instruc- will assist the police officer in meeting change. This meant that the need for tional scope, and its physical location the challenges of complex social sys- change must be respected and that has been moved from Washington, tems and increasingly sophisticated the curriculum should evolve according 3 D.C., to the FBI Academy at Quantico, forms of crime. The college insists to the needs of all of Canada's police Va. that its lecturers in all areas of training forces. The actual scheduling of and education be among the best in courses at the college is set according their respective fields. This require- to the stated training needs of the ment is part of a broad­based future various departments. objective of linking continuing educa- tion with the professionalization of po- lice in Canada.

16 I FBI Law Enforcement Bulletin Courses are offered in both 2) Advanced Identification Course in- 12) Crime Prevention Coordinators French and English to meet regional volves collection of evidence, foren­ , Course emphasizes the manage- cultural variances. For example, an in- sic pathology, arson investigation, ment and planning of crime preven- structional techniques course, which is and photography. (3 weeks in dura- tion programs, as we" as offered both on location at the college tion) developing and managing specific ard to the various police departments 3) Drug Investigational Techniques is programs. (3 weeks in duration) with the purpose of developing and designed to develop skills, knowl- 13) Fitness Leadership Course is for certifying qualified instructors, was edge, and investigative techniques those who are engaged in an official completely translated into French by essential to the investigation of health or physical fitness position. It members of the staff. This course is drug­related offenses. (2 weeks in presents lifestyle modification and taught by bilingual staff members from duration) life quality enhancement programs, the college, complete with a" training 4) Instructional Techniques Course with emphasis on leadership in var- aids and handouts duplicated in the teaches current and potential in- ious fitness and health promoting French language. This high standard of structors both theory and technique activities. (5 days in duration) commitment and excellence perme- of instruction. (2 weeks in duration) 14) Effective Presentation Course is ates the atmosphere of the CPC. 5) Police Explosives Technicians for personnel required to give for- The two principal administrative Course gives instruction on the rec- mal presentations to groups. (1 courses which form the nucleus of ognition, handling, and use of var- week in duration) training and education for police ex- ious types of explosive materials. (5 15) Polygraph Examiners Course ecutives and managers are the fo"ow- weeks in duration) deals with criminal investigative in- ing: 6) Counterfeit Investigational Tech- terviews; 5 years' police experience 1) Executive Development Course. niques develops knowledge and required. (12 weeks with 2 weeks This is a 6­week course for senior skills necessary to successful coun- training in the field) police executives which is designed terfeit investigation duties. (2 weeks 16) Human Relations Instructors to present ideas, situations, and in duration) Course is for those who wi" deal theories for analysis through class 7) Criminal Inte"igence Course deals with instruction in job stress, inter- interaction and through dialogue with investigative techniques for personal perceptions, crisis inter- with resource persons and seminar use in combating various types of vention, and communication in leaders. Material presented is ex- criminal activity. (2 weeks in dura- police/citizen encounters. (1 week pected to give class members a tion) in duration) fresh perspective from which to 8) Intelligence Analysis Course treats 17) Multicultural Education Instructors view their duties as senior police methodology through which seem- Course offers instruction in cultural executives. ingly unrelated information and data awareness, history of Canada's mi- 2) Senior Police Administration are transformed into meaningful in- nority people, multiculturalism, and Course. This course is specifically te"igence. (1 week in duration) ethnicity. (1 week in duration) designed to meet the needs of the 9) Gambling Investigational Tech- In keeping with the challenges of middle management level of Cana- niques provides skills and informa- growth and change, it should be noted dian police forces and is attended tion required to enforce legislation that aspects of several of these by members of the senior noncom- related to illegal gambling activities. courses are incorporated throughout missioned and junior officer ranks (2 weeks in duration) various programs at the college. The who are currently serving or about 10) Commanders Course, Hostage/ phYSical fitness program, for example, to be appointed to supervisory posi- Barricaded Persons Situations is in- is an integral part of both the Executive tions. Communication skills, man- struction which enables the person Development Course and the SPAC. agerial concepts relating to human in charge to direct effectively oper- Another course with aspects that are resource development, overview of ations using proper deployment of directly related to the Executive Devel- crime trends, and the role of the manpower and use of the negotiat- opment Course and SPAC programs is police officer in a complex society ing team. (4 days in duration) the Effective Presentation Course. The are major segments of the 5­week 11) Negotiators Course, Hostage/Bar- college's continuously developing curriculum. ricaded Persons Situations is in- curriculum clearly makes use of the Specialized courses, offered on an tended for those who would be concept of interaction among subject inservice basis away from or at the negotiators in these situations, in- areas and recognizes the need for a college, range in duration from 4 days cluding coverage of psychotic and well­educated police professional. to 12 weeks. These are: criminal behavior. (4 days in dura- 1) Identification Methods and T ech- tion) niques includes fingerprint compari- son, photography, crime scene search, and presentation of evi- dence. (8 weeks in duration)

January 1980 / 17 Research and Development Conclusion educational program which provides A necessary component of any The comments in this article are brief, intensive reSidential periods at comprehensive educational institution, based on the personal experience of various institutions. 5 These objectives the research and program develop• the author, a faculty member of the FBI can be broadened and interpreted to ment branch of the CPC, was formed Training Division, who participated in include the type of exchange programs to conduct research in police person• the exchange program with the CPC. addressed in this article. nel management and training areas. The tangible results of this program Those of us in law enforcement Their research results provide a flow of abound, such as the exchange and cannot afford a myopic view of our information directly to the police com• implementation of sound ideas to en• influence and contribution to society. munity. hance each agency's training program. Free-flowing and open-ended discus• One of the latest achievements of The intangible results are equally im• sion among our colleagues is essential the college is the CPC information portant. The informal discussions, the to the advancement of criminal justice service. This is a readily accessible participation as coequals in each insti• administration and responsible law en• source of information for police agen• tution's programs, and the sharing of forcement. The professionalism of the cies that is based primarily on an ex• intercultural outlooks about the future Canadian Police College exemplifies panding college library. The of education for the law enforcement the continuing endeavor toward such a information service concentrates on profession were invaluable. goal. police force management and police The exchange program promotes Footnote. personnel administration, and it ex• a healthy perspective about law en• '''The Canadian Police College," Royal Canadian tends into matters related to oper• forcement in general. Its valuable re• Mounted Police Gazette. 39 (January 1977). • Canadian Police College Brochure, November 1976 ations. sults encourage exchanges of similar (Liaison Branch of the Royal Canadian Mounted Police, Another important contribution to types, not only between different coun• LlA. 026) p. 3. 'Dr. William Kelloway, A Continuing EdUC8fion Pr0• the information field is the publication tries but also among the various agen• gram for the Police Profession (Liaison Branch of the of the Canadian Police College Jour• cies within a country. The National Royal Canadian Monted Police, 1978), p. 2. • "The Canadian Police College," p. 2. nal The Journal publicizes college pro• Advisory Commission on Higher Edu• • Lawrence W. Cherman and the National Advisory cation for Police Officers stated that Commission on Higher Education for Police Officers, The grams, as well as printing significant Quality of Police Education (San Francisco: Jossey-Bass articles of major police interest. An the best way to educate the police Publishers, 1978), pp. 1-166. important feature of this magazine is institution for change is to develop the the review of new books and law en• capacity of the police to use knowl• forcement journal information. edge to solve problems. They were, in Research actiVities at the CPC are effect, alluding to programs of this geared toward the practical. They are type. Using knowledge to solve prob• viewed as a process for achieving ex• lems includes the use of information pansion of experience which relates to gathered from many sources in order issues of current interest to those in to produce or test new conclusions. In law enforcement. addition, it can and should include an Guide to Polio.

18 / FBI Law Enforcement Bulletin Higher Education

Editor's Note: These comments are prompted by With the publication of The Quality the publication of the very useful and for Police of Police Education by Lawrence W. provocative report of the Commission Sherman and the National Advisory on Higher Education for Police Officers Commission on Higher Education for (HEPO), which was sponsored by The Officers Police Officers in early 1979, a lively Police Foundation. The essence of the debate has ensued in the academic report's findings is that police educa- and law enforcement communities tion is of low quality, even dismal. Spe- concerning the nature of higher educa- cific findings are that the caliber of By THOMAS A. REPPETTO, tion for law enforcement officers in the faculty is low because they lack appro- Ph. D. future. One point of view in this debate priate higher education for college pro- Vice President and was presented by Dr. Thomas Rep- fessors (too many of them being Professor of Criminal petto, John Jay College, New York expo lice officers), the course content Justice Administration City, in a lecture before the fourth Na- is often found to be too technical, and John Jay College tional Executive Institute at the FBI there is allegedly too much influence New York, N. Y. Academy. This article presents Dr. by police departments. Reppetto's analysis of what he be- Among the recommendations are lieves should be the nature of higher an end to 2­year degrees in police education for law enforcement officers. science or criminal justice, replace- . . . ment of many of the present faculty by those with a Ph.D. in the social sci- ences or liberal arts, and a general preference for the traditional liberal arts or social science type of graduate and undergraduate education in the preparation of individuals for police There, of course, have been ex• service. One of the catchy slogans of ceptions. At one time in the 1920's and the commission's report was, "Don't early 1930's, the Harvard Law School, educate the recruited but recruit the under the leadership of Dean Roscoe educated." That is, don't educate the Pound and Professor Felix Frankfurter, present generation of police officers, later a Supreme Court Justice, under• but attract the already educated, par• took a number of studies in criminal ticularly those with liberal arts degrees justice, but they soon tired of the from the more prestigious institutions, game. The University of Chicago's De• into police service. It is thought that partment of Sociology in the 1920's these individuals will constitute change studied crime and criminals extensive• agents to deal with the myriad of prob• ly, but later sociologists opted for the lems now existent in the police field. construction of major theories of social The reaction to the report had organization. Thus, in the academic been predictable. Some police officials world, the quality of criminal justice and academics have been very critical, studies is usually suspect. while others have praised it. I should The second basic factor in crimi• like to address myself to the general nal justice education is that in the last problems of educating individuals for 10-15 years, it has expanded enor• the police service, and to some extent, mously in the United States. In 1964

Or. Reppetto the whole question of the relationship there were approximately 125 college between the academic world and the programs offering 2- or 4-year or grad• police. uate degrees in criminal justice or criminology. Ten years later, there Evaluation of Quality were over 1200, a 10-fold expansion. Let us step back a bit from the This vast expansion explains, in name-calling in the current controversy part, the charges of low quality in aca• over the HEPO report and look at two demic criminal justice education. This basic factors that underlie higher edu• has been one of the largest, most fan• cation in criminal justice. In the United tastic developments in American higher States, the study of crime or the prac• education in all its history. Indeed, tice of criminal justice has traditionally there are some knowledgeable observ• been the wrong side of the intellectual ers who believe that the expansion of tracks. Law schools have generally de• criminal justice education that has taken voted very little time to the study of place recently will provide a model for criminal law and procedures, typically many other disciplines in the rest of one or two courses in 3 years of work. this century and into the next. Given Historically, individuals who practiced such an enormous expansion, it is ob• criminal law, whether for the defense vious that quality would suffer. or the State, were the less prestigious No doubt, if only a handful of pro• members of the bar. grams had been formed earlier with a In the social sciences, the study of handful of students, the quality of aca• criminology has also been the wrong demic criminal justice might be much side of the tracks. Professors who higher than it is, but it would still not studied criminal behavior generally reach the vast number of persons en• taught at the less prestigious institu• gaged in the criminal justice enterprise. tions and received fewer rewards from At present, there are a half a million their disciplines. In the fields of political police officers and a half a million other science or public administration, for ex• professionals in probation, parole, or ample, it was fashionable to study the corrections, not to mention many more Presidency, Congress, or international in private security. Indeed, all college affairs, but rarely criminal justice in education in America has declined in one's own city. quality, because since World War II, it has become a mass enterprise rather than the preserve of a small elite. Many would regard this as a positive development for American democracy.

20 I FBI Law Enforcement Bulletin Crux of the Problem The professional major would, of The essential argument regarding course, require the student to take the academic criminal justice contains usual liberal arts foundation, but it three parts. Who will do the teaching, would emphasize the professional who will be the students, and what will problems of the criminal justice field. be the course content? Should the fac• For example, a student might study ulty be composed of expractitioners or police patrol, criminal investigation, or traditional Ph.D.'s? Should the stu• even police administration. Here the dents be inservice or pre service? theory is that the student who ha~ Should the courses be professional, actually been introduced to the termi• social science, or liberal arts? I rule out nology, methods, and major questions vocational courses sometimes de• of the field is much better qualified to scribed as "how to put on the hand• undertake the duties of a police officer. cuffs," although in places where there We note that in an applied field, such are no police academies, community as engineering, no one would argue colleges may well take up the slack in that a liberal arts or a social science response to their historic mission to education would be appropriate for one render vocational education to the lo• who seeks to be an engineer. That is, if cal population. one is going to go out and build If we can determine what the bridges, one should study how bridges course content should be, that is, what are built, Le., take professional constitutes appropriate education for courses. police service, then we can probably We are asking, then, "Should po• determine who should teach it and lice officers prepare directly for the job what sort of students might be in• "If change is to occur by studying criminal justice matters or volved. I am reminded of the quote by in police service . . . it by studying social problems?" Or, Alfred North Whitehead, the great phi• should they simply take a liberal arts will indeed must, come degree which is not preparation for any losopher and mathematician: . , from within." "The antithesis between a technI• particular area? cal and liberal education is falacious. Two groups would tell us that you cannot study directly in an academic There can be no adequate technical A social science education as education which is not liberal, and no setting to do police work. The first preparation for criminal justice is seen group are those career policemen v.:hO liberal education which is not technical; as enabling the student to major in one that is, no education which does not have always said, "You learn police or a combination of social science dis• work in the streets, not in a class• impart both technique and intellectual cr~mi­ ciplines. The student would study room." I can recall when I came out of vision." nology, urban sociology, deviant The argument for a liberal arts police academy after 10 weeks. of behavior, and other similar courses, as training, I was told, "Forget everything education says essentially that one well as the usual liberal arts founda• should study English, history, or one of you learned there. One day in the tion. He or she would not, however, street will be worth more to you than all the traditional disciplines, and upon study such things as police patrol, completion of one's education, enter of that." Still, I realized over a long criminal investigation, or police admin• period of time that while the street was into a professional field. Such an edu• istration. In this way, the student pre• cation does not make one an expert in a great teacher, it did not teach every• pares for police service by studying the thing that one needs to know. English or history, but rather, it teaches nature of social problems and the a person how to think and to analyze a The second major group that methods of the social scientist in order would tell us that you cannot learn problem. Presumably, such individuals to acquire an understanding of the var• can apply these talents to almost any police work in an academic setting are ious problems that a police officer the liberal arts elite group, and here situation and do better than individuals faces, and building on this foundati~n, who have had a more technical educa• they borrow from the British upper will be able to deal successfully with class. In the great days of the British tion. Under this theory, the person who those problems. has been an English or history major Empire, individuals took a degree .at will quickly learn the practical duties of Oxford or Cambridge in Greek, Latin, or medieval history and were immedi- a police officer in the police acade~y and on the job and will then use his superior intellectual equipment to be• come a first-rate officer.

January 1980 / 21 ately sent out to India to administer the sity of Missouri's catalog also makes waterworks or to Africa to collect the the statement that the journalism stu• taxes, because it was argued that the dent must .. . . . be well grounded in educated generalist was vastly superi• the humanities, the social sciences, or to the technical person. Of course, and the natural sciences." And they in the case of the great British universi• allow no more than one-quarter of the ties, one did not go there unless one student's credits to be taken in profes• came from an upper-middle class or sional journalism courses. One also higher family, and great stress was laid finds similar statements in other cata• on developing the character of a "gen• logs. Yet, the journalism programs also tleman." In general, we in the United require considerable practical work in States have not adhered to the view• the field. Thus, while only one-fourth of point that individuals cannot be educat• the student's course work may be de• ed for specific occupations or that voted to profeSSional matters, much education should be the preserve of a more than one-fourth of the student's small elite. time is so dedicated. Of course, many fine profession• In journalism, one also finds that als in policing and elsewhere have nev• the professional courses are, in fact, er attended college. In the 19th professional. For example, it is com• century, lawyers learned by apprentic• mon to permit individuals to major in ing themselves to other lawyers, or subfields, such as newspapers, maga• engineers learned by going out with a zines, radio, and TV, and courses have survey crew and picking up the rudi• titles such as editing or advanced re• ments of civil engineering. But in the porting. That is, they are analogous to 20th century, most of the professions " 'The development of police patrol or criminal investigation. or technical disciplines have concluded The HEPO commission argued that it is more efficient and effective to a fully reasoned that police administration should not educate people in the classroom be• meaning of the police be studied by most individuals prepar• fore they go into the field. role in society . . . ing for the police service. I don't be• must be worked out lieve individuals who are going to enter Findings From Another Field the service at the recruit level should For purposes of my response to from within the be taking extensive management the HEPO report, I examined other occupation; it cannot courses, but I see no reason why po• I professional fields where undergrad• be imparted to it by lice trainees cannot study police ad• uate education is often professional in outsiders' ." ministration in the same way that those nature. I have, for example, studied who are going to enter Government undergraduate programs in journalism, service as interns study the American an area where holders of the profes• "The Bachelor of Journalism de• Presidency or the work of the Cabinet. sional B.A. start "on the beat" as it gree is a professional degree, and the No one suggests that these people are were. My method was to examine the undergraduate program, with its oper• going to be President of the United catalogs of some of the leading ating media, is the foundation of the States, or even in the Cabinet, but only schools which offer degrees in this school. . . . The Missouri concept of that it will help them in their work if they area. In this regard, I think we have journalism education deeply involves understand the theory of the Presi• something to learn from the journalists. students in the practical day-to-day dency or the Cabinet. In the same way, If we examine one of the most work of the communications media. a patrol officer who understands the prestigious schools of journalism in the . . . Thus, working shoulder to shoul• theory of police administration will be United States, that operated by the der with experienced professionals on better able to carry out the work of the University of Missouri at Columbia, we the faculty and elsewhere, the stu• organization. find in their catalog a flat statement of dents learn the professional discipline their commitment to professionalism: which can be mastered only in the crucible of daily performance under pressure." This sounds like the refrain that one can not know police work without walking the beat. However, the Univer•

22 / FBI Law Enforcement Bulletin In my view, it is clear that criminal without a foundation in history and gov• justice, like fields such as business, ernment necessarily wise. Here we are education, and journalism, will continue reminded that a little learning is a dan• to provide professional education at gerous thing, because a student who the undergraduate level and that a sig• lacks close familiarity with the spirit nificant amount of that education will, and concepts of the law, and yet who in fact, be composed of technical is invested with the broad powers of courses, as well as applied work in the the law enforcement officer, may in field. Indeed, as the HEPO commission fact be dangerous to the society he has pointed out, 58 percent of Ameri• serves. can undergraduates are enrolled in Second, I would suggest that a professional programs. I would also police aspirant become familiar with direct attention to a 1971 report on the area of investigation. Here I am higher education by the Department of referring to more than criminal investi• Health, Education and Welfare (HEW), gation or crime scene searches. which stated: Rather, I would hope that the courses "The rigid and uniform structure of would deal with the means by which higher education has prevented the one conducts an inquiry in the broad dynamic development and adaptation sense. Again, this requires an underly• of training for the professions. For an ing foundation of courses in scientific increasing number of professions, a methodology, psychology, public student must complete 4 years of lib• speaking, and other areas. And again, eral arts education in order to enter a while these are essential, they are not professional school such as law, medi• sufficient in themselves. Here we think cine, or social work. Once in, he must "To argue for the of the journalist learning the who, what, pursue courses of study which are of• where, when, why, and how and other ten unrelated to the practical require• abolition of facets of his craft. ments of his profession, and that professional courses The next appropriate area of study frequently make him less interested in in criminal justice is what I would call counseling or ap• the people whom his profession plied behavioral science. The essence serves. This long academic road often requires us to posit of this area would be how to deal with fails to engage students in their work, . . . that there is no people and their problems. Again, it is or to show them the relevance of their professional content clear that the social sciences in them• studies to their career aspirations. to policing." selves do not give one the essential "We therefore recommend the techniques for dealing with the citizen creation of professional institutes de• who has been a crime victim or offend• er or for dealing with family crises and voted to human service, which will In the first instance, I would cite the disturbed. serve two broad goals: to begin profes• the necessity for a student who is aim• sional training during the 1st year of ing for a police career to have a fairly The fourth area I would consider college; and to reflect a new emphasis comprehensive grasp of criminal law essential would be for preservice stu• on training for human service. These and procedure. I have no doubt that dents to have a very extensive and innovations will require a number of the foundation for such understanding structured exposure to criminal justice new operating policies affecting the lies in courses in constitutional history systems of the type given in intern and content and structure of the and American government. However, community laboratory courses. Here curriculums." these alone are not sufficient to give the student can apply investigative and one the understanding necessary to counseling techniques and observe The Professional Content of perform the duties of a police officer. the law in action. Again, we draw an PoliCing Criminal law and procedure is complex analogy with the practical work in To argue for the abolition of pro• and is based on shifting court deci• journalism. fessional courses in criminal justice re• sions. I would also submit that it is quires us to posit, among other things, beyond the ability of the police acade• that there is no professional content to my to truly teach criminal law and pro• policing. I would dispute this view. cedure unless an inordinate amount of time, beyond that normally spent in police academies, is devoted to the subject. Nor is the teaching of criminal law and procedure in a police academy

January 1980 I 23 Conclusion graduate degrees, and go into the aca• what police work should be like. This Let me say in conclusion that I demic world, are continuing their pri• must be left to scholarly policemen, compliment the HEPO commission and mary careers, and the liberal arts just as the analogous task is left to the Police Foundation for their work, retread, the individual who decides to scholarly physicians, social workers, or and my remarks are directed more at change fields, may be the one in the engineers.... For the main reason for some of the responses which others second career. Again, I do not argue having professional schools of police have made to it. In this respect, I take that police experience is essential, only work is to make a home for police exception to the views of some individ• desirable, or that individuals who work-study. It must be their own home, uals who attempt to drive a wedge change disciplines cannot be success• or the enterprise will be dispirited and between practice, that is the profes• ful. But I would think the burden of doomed to failure. The development of sion of policing, and the teaching of proof on them is as great as the bur• a fully reasoned meaning of the police criminal justice. For example, one emi• den on the individual who leaves police role in society, that might give rise to a nent criminal justice educator is quoted service and goes into the academic range of rationally methodical work as saying that field experience not only world. procedures, must be worked out from is unnecessary but actually undesirable within the occupation; it cannot be im• in a faculty member, declaring that "The content of parted to it by outsiders. Outsiders can "second-career faculty tend to be sec• education for the help in this task, but they cannot take it ond class." In this respect, I would ask police will not be over. The main reason for this is not what constitutes a second career. Is an that outsiders are not adequately in• individual who has been a police officer determined by a formed but that supplying knowledge for a number of years and then decides handful of academics from external sources would leave po• to teach criminal justice at the college with no ties to the lice work intellectually inert." level in his second career, or is he profession, but rather The content of education for the continuing with his first career, namely, police will not be determined by a criminal justice? Is an individual who is by cooperation handful of academics with no ties to trained as a professor of history or between police and the profession, but rather by coopera• English who cannot find a job and then academics." tion between police and academics. In goes into criminal justice as a sec• sum, I disagree with those in the police ond or third choice continuing in his In relation to the question of who profession who say there is nothing to profession, or is that his second should be the students of academic learn from the academic world, but I career? criminal justice, I would argue for a mix also disagree with those in the aca• At the university level, we do not of pre and inservice. But I would never demic world who say there is nothing produce teachers per se, that is, peo• choose the former to the exclusion of to learn from the police. And, I strongly ple who can teach any subject, as is the latter. If change is to occur in police oppose the effort to separate police sometimes done in kindergarten or pri• service, I suggest it will, indeed must, education from police practice. I'BI mary grades. We produce people who come from within. In this respect, the are masters of a discipline. An English views of Professor Egon Bittner, as professor would never be asked to cited by the HEPO commission, are teach history at any decent college or apropos: university. Therefore, I would argue " It is clearly not for lawyers, soci• that the people who are experienced ologists, or psychologists to develop criminal justice professionals, hold an intellectually credible version of

Law Enforcement Subject bibliographies on lawen- the bibliographies. and quantity copies Aids forcement (SB­117) and cnme and will be provided. Copies may be 0b• criminal justice (SB­036) are available tained by written requests directed to through the Government Printing Of- C. A. laBarre. Assistant Public Printer. fice to interested law enforcement per- Superintendent of Documents. Gov- sonnel or agencies. Each contains ernment Printing Office. Washington. several listings of available govern- O.C. 20401. I'll ment documents dealing with individual tOPIC matters. There is no charge for

24 / FBI Law Enforcement Bulletin The Constitutionality of Routine License Check Stops A review of Delaware v. Prouse

By DANIEL L. SCHOFIELD A fundamental law enforcement It is the object of this article to Special Agent activity traditionally used to promote examine in detail the Prouse decision Legal Counsel Division highway safety is stopping motorists and assess its impact on the frequently Federal Bureau of Investigation for the purpose of determining whether used law enforcement practice of stop• Washington, D.G. they have a valid driver's license and ping motorists to check for license and whether their vehicle is properly regis• registration. Furthermore, several rec• tered and inspected. This police prac• ommendations are offered to assist Law enforcement officers of other tice, often characterized as a routine law enforcement agencies in imple• than Federal jurisdiction who are license check, is frequently accom• menting procedures that are consistent interested in any legal issue discussed plished through different procedures. with the requirements enunciated by in this article should consult their For example, in some instances, a the Supreme Court in the Prouse deci• legal adviser. Some police procedures roadblock or license check lane is em• sion. ruled permissible under Federal ployed in which all or a predetermined l Summary of the Facts constitutional law are of questionable number of vehicles are checked. In legality under State law or are not other cases, a random stop is made, The facts of the Prouse case are permitted at all. wherein a particular vehicle is selected rather simple. At 7:20 p.m. on Novem• by an officer and stopped. 2 ber 30, 1976, a New Castle County, The constitutional propriety of rou• Del., patrolman in a police cruiser tine license check stops has continued stopped an automobile occupied by to be the subject of substantial litiga• Prouse. The patrolman testified that tion. As outlined in a previous issue of prior to stopping the vehicle he had the FBI Law Enforcement Bulletin, S observed neither traffic or equipment State and Federal courts have often violations nor any suspicious activity, been inconsistent in their assessment and that he only made the stop in order of the constitutional issues raised by to check the driver's license and regis• these stops. In apparent recognition of tration. As the patrolman was walking the uncertainties generated by those toward the stopped vehicle, he smelled conflicting judicial assessments and marihuana smoke. The patrolman then the importance of the constitutional observed in plain view some marihua• and law enforcement objectives impli• na on the car floor. Prouse was subse• cated, the U.S. Supreme Court recently quently indicted for illegal possession decided the case of Delaware v. of a controlled substance. He alleged Prouse,4 which involved the constitu• that the marihuana was seized pursu• tionality of a routine license check ant to a stop which violated the Consti• stop. tution and moved to suppress the evidence.

January 1980 / 25 ". . . stopping automobiles and detaining its occupants constitutes a 'seizure' within the meaning of the 4th and 14th amendments. . . ."

The trial court granted the motion Does a Routine License Check Con• able suspicion of criminal activity. How• to suppress, finding the stop and de• stitute a Seizure Within the Fourth ever, in instances such as the stop in tention to have been wholly capricious, Amendment? Prouse, where the balance of interests and therefore, violative of the fourth The Supreme Court had little diffi• precludes the insistence upon some amendment. The Delaware Supreme culty deciding that stopping auto• quantum of factual support, the Court Court affirmed the trial court's decision, mobiles and detaining its occupants ruled that other safeguards are consti• noting that .. 'a random stop of a mo• constitutes a "seizure" within the tutionally required to insure that a mo• torist in the absence of specific meaning of the 4th and 14th amend• torist's reasonable expectation of articulable facts which justify the stop ments, even though the purpose of the privacy is not subjected to the unbri• by indicating a reasonable suspicion stop is limited and the resulting deten• dled discretion of a law enforcement that a violation of the law has occurred tion quite brief. 8 Accordingly, such officer. II is constitutionally impermissible ... '." 5 stops must meet the constitutional Accordingly, the Court ruled that In granting certiorari, the U.S. Su• standard of reasonableness, which is the discretionary spot check used in preme Court framed the issue as fol• designed to safeguard the privacy and Prouse was illegal, because there were lows: security of individuals against arbitrary alternative mechanisms involving less ..... whether it is an unreasonable invasions by Government. 9 The Court potential for abuse which were ade• seizure under the Fourth and noted that in determining whether a quate to serve the important elements Fourteenth amendments to stop particular warrantless seizure is rea• of Delaware's highway safety program. 12 an automobile, being driven on a sonable, the intrusion on an individ• Moreover, the Court did not find very public highway, for the purpose of ual's privacy interests must be persuasive the argument that spot checking the driving license of the balanced against both the importance checks were substantially productive in operator and the registration of of the governmental objectives to be discovering improperly licensed drivers the car, where there is neither served and the potential for govern• or unsafe vehicles. 13 probable cause to believe nor rea• mental abuse. 10 sonable suspicion that the car is With respect to the competing in• Under What Circumstances Is a being driven contrary to the laws terests involved in routine license Routine License Check Stop Consti• governing the operation of motor check stops, the Court concluded that tutionally Reasonable? vehicles or that either the car or a law enforcement officer's signal to While the Prouse decision clearly any of its occupants is subject to pull over to the side of the road may in places outside the scope of constitu• seizure or detention in connection some instances create substantial tional permissibility those routine li• with the violation of any other ap• anxiety, and at a minimum, constitutes cense check stops that are made at plicable law." 6 an interference with an individual's random without any articulable suspi• Eight Justices of the U.S. Su• freedom of movement and may be cion of criminal activity or vehicle code preme Court affirmed the decision of both inconvenient and time-consum• violations, the opinion does provide the Delaware Supreme Court and ruled ing. However, the Court also recog• some guidance as to procedures that that the stop in Prouse had violated the nized the State's vital interest in insur• might legally be employed to conduct U.S. Constitution. Essentially, two fun• ing that only those who are licensed to such stops. damental questions were addressed by operate a motor vehicle do so, and that For example, a law enforcement the Court in its opinion. First, does a vehicles be properly registered and fit officer may check a driver's license routine license check stop constitute a for safe operation. and registration whenever a vehicle is warrantless seizure of the person with• With regard to the potential for otherwise legally stopped as a result of in the context of the fourth amendment Government abuse, the legal safe• an observed violation of the law. The to the U.S. Constitution? 7 Second, un• guards generally relied upon to officer would need an appropriate fac• der what circumstances is a routine achieve nonarbitrary seizures are: (1) A tual basis to the level of reasonable license check stop constitutionally rea• warrant; (2) articulable facts giving rise suspicion to justify a stop under these sonable? to probable cause; and (3) for limited circumstances. 14 seizures like brief investigative stops, articulable facts amounting to reason•

26 I FBI Law Enforcement Bulletin Moreover, in the absence of an 2) A complete written report of the Moreover, the position a reviewing observed violation of law, the Court facts surrounding the stopping of a court ultimately adopts with respect to indicated that a State could develop motorist should be maintained. This is a particular stop may in large part de• other objective methods of conducting imperative, because if a particular vehi• pend on the professionalism and fair• routine license checks which do not cle is singled out for a stop as a result ness demonstrated by the officers involve the unconstrained exercise of of an observed violation of law and making that stop. nI discretion. 15While not intended to be an evidence of criminal activity is subse• exhaustive listing of those possibilities, quently discovered, the admissibility of Footnotes the Prouse opinion seems to suggest that evidence will be contingent on the ' See. e.g., People v. Andrews, 484 P. 2d 1207 (Colo. that procedures involving either the officer's ability to articulate a reason• 1971). • See, e.g., Kraft v. Slale, 305 A. 2d 489 (Md. App. stopping of virtually all cars by means able suspicion of criminal activity justi• 1973). of a roadblock 16 or the stopping of fying the initial stop. 18 , See, Schofield, "Routine License Checks and the Fourth Amendment," FBI Law Enforcemenl Bullelin, every 10th car 17 would pass constitu• 3) The facts surrounding a routine September 1976, pp. 27-31 . • 59 L. Ed 2d 660 (1979); See also, Id. at 666 n. 2 & 3 tional muster. license check stop should clearly indi• for citations to cases illustrating the conflicting results cate that the stop was made in good reached by different jurisdictions. Implications of the Prouse Decision ' Delaware v. Prouse, 382 A. 2d 1359, 1364 (1978). faith,19 and that the primary purpose • 59 L. Ed 2d at 665. It seems clear from Prouse that was to check for a valid license and , U.S. Consl Amend. IV provides: " The right of the people to be secure in their persons, houses, papers, and law enforcement agencies with man• registration, and not as a pretext or effects, against unreasonable searches and seizures, shall dated responsibilites involving highway subterfuge for investigating other activi• not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and safety must conduct routine license ty.20 In that regard, the reasonableness particularly describing the place to be searched, and the persons or things to be seized." check stops in accordance with consti• of a seizure is generally determined by • 59 L. Ed 2d at 667. tutionally acceptable procedures. To making a dual inquiry: (1) Was the ' Id. "Id. at 668. assist in implementing these proce• officer's seizure justified in its incep• 'lid dures, the following suggestions are tion? and (2) was the seizure reason• "Id. at 671 . .. In that regard, the Court said, "Absent some offered: ably related in scope to the empirical data to the contrary, it must be assumed that 1) Written guidelines should be circumstances which initially justified finding an unlicensed driver among those who commit traffIC violations is a much more likely event than finding an prepared by a qualified legal adviser the intrusion? Applied to a routine li• unlicensed driver by choosing randomly from the entire universe of drivers." Id. at 671-672. and used as part of an ongoing training cense check, this inquiry would essen• "Id. at 673. program so that all law enforcement tially be: (1) Was the stop justified in " In a footnote, the Court made clear that its decision did not cast doubt on the permissibility of roadside truck officers are knowledgeable of the legal the first place? and (2) was it limited in weigh-stations and inspection checkpoints, where some limitations on their authority to conduct scope to the sole purpose of checking vehicles may be subject to further detention for safety and regulatory inspection than others. Id. at 674, N. 26. routine license check stops. In this re• for a valid license and registration? "Id. at 674. gard, State statutes which are worded "Id. at 674 (Blackmun concurring). \0 See, UniledSlalesv. 5010-5010, 598 F. 2d 545, 547 to arguably authorize the random stop• Conclusion (9th Cir. 1979). The constitutionality of a particular It In the recent case of Uniled Siaies v. Dunbar, 470 ping of motorists to conduct routine F. Supp. 704 (D. Conn. 1979), a Federal district court ruled license check stops should be carefully routine license check stop involves the that a police officer's good faith belief that defendant was lost was not a sufficient basis for the officer to stop the interpreted so that actions taken pur• balancing of legitimate State interests defendant's vehicle. The court therefore suppressed suant to those statutes do not exceed in highway safety against an individ• evidence that the officer observed in plain view as a result of the stop. the constitutional limitations outlined ual's interests in privacy and freedom ..See, Uniled Siaies v. Cupps, 503 F. 2d 277 (6th Gir. by the Supreme Court in Prouse. of movement. While the Prouse deci• 1974). sion may have narrowed somewhat the range of procedures that can legiti• mately be used by law enforcement to conduct routine license check stops, it is clear from the Court's opinion that alternative methods are available which can be both constitutionally ac• ceptable and operationally effective.

January 1980 / 27 Photograph taken 1975.

Jackie Lee Lindsey Description Notify the FBI Jackie Lee Lindsey, also known as Age ...... 32, born June 17, Any person having information Jack Lindsey, Jack L. Lindsey, Jack 1947, St. Charles, which might assist in locating this fugi- Lee Lindsey, Jackie Lindsey, "J," Mo. tive is requested to notify immediately "Jay," Jumpin' Jack, Jumping Jack. Height ...... 5'10". the Director of the Federal Bureau of Weight ...... 160 pounds. Investigation, U.S. Department of Jus- Wanted For: Build ...... Slender. tice, Washington, D.C. 20535, or the Interstate flight­Murder. Hair ...... Dirty blond or light Special Agent in Charge of the nearest brown. FBI field office, the telephone number The Crime Eyes ...... Blue or green. of which appears on the first page of Lindsey, who is believed to be Complexion ...... Fair. most local directories. heavily armed with automatic weapons Race ...... White. including .380­caliber and .22­caliber Nationality ...... American. Caution pistols, is being sought for the shooting Occupations ...... Heavy equipment Lindsey is to be considered heav- murder of a Missouri police officer. operator, hoisting ily armed and extremely dangerous. While stopped for a routine traffic stop, engineer, operating Lindsey allegedly opened fire and shot engineer. Classification Data: the officer in the head, killing him in- Remarks ...... Reportedly alters NCIC Classification: stantly. Lindsey is also being sought by style and color of P0631828242012152520 Missouri authorities for the sale of a hair, as well as Fingerprint Classification: controlled substance. beard and mus- 13 0 1 R 000 24 A Federal warrant was issued for tache; wears tur- Lindsey's arrest on August 18, 1978, at quoise rings and L 17 U 000 St. Louis, Mo. bracelets. Social Security Criminal Record No. Used ...... 488­48­3158. FBI No...... 325, 464 PI. Lindsey has been convicted of selling a controlled substance.

Right thumb print.

28 / FBI Law Enforcement Bulletin Change of ~ORCEMENT Address rBI Not an order form BULLETIN

Complete this form and return to: Name

Director Title Federal Bureau of

Investigation Address Washington. D.C. 20535

City State Zip

,.,. ,.,.,.,.,..,...... ,...... ,. .... ,...... ,...... ,...... ,...... Custom -Plumbing

Department of Correction officials in Valhalla, N.Y., advise that a recent penitentiary search produced a crude, concealed weapon, handmade from a 12­inch brass lavatory valve rod . Normally, the rod, which has a time­release water valve pushbutton at one end, extends downward through the fixture and into the wall. The opposite end is linked by a cotter key to internal plumbing. Once the key has been broken, however, the rod can be extracted and easily honed to a point by manually rubbi ng it against an abrasive surface, such as a concrete floor. Law enforcement authorities should recognize that these plumbing ­. fixtures can present a potential danger. United States Department of Justice Postage and Fees Paid Federal Bureau of Investigation Federal Bureau of Investigation Washington, D.C. 20535 JUS­432

iiU.iiiS..MAliiiiL ® Official Business Controlled Circulation Rate Penalty for Private Use $300 Address Correction Requested

Interesting Pattern This pattern presents no problem as to classification. The overall con• figuration of the formation, with the three loops and three deltas, is most unusual and interesting. It is classified as an accidental whorl with an inner tracing.