OCTOBER 1968

LAW ENFORCEMENT BULLETIN

•

FEDERAL BUREAU OF INVESTIGATION UNITED STATES DEPARTMENT OF JUSTICE J. EDGAR HOOVER, DIRECTOR OCTOBER 1968 • VOL. 37, NO. 10

­­­­­­­­­

THE COVER- A look at coin telephone burglary. S ee page 2.

LAW ENFORCEMENT BULLETIN CONTENTS

Message From Director]' Edgar Hoover 1

Big Business for Burglars, by James P. Hendrick, Jr., General Security Manager, South Central Bell Telephone Co., Birmingham, Ala. 2 Success of NCIC Systems ...... e . Cooperation on the Border, by Lt. Gerald O. Wil• liams, Training Officer, Alaska State Troopers, Juneau, Alaska . 12 J

Investigators' Aids .... 18 •

1983 Today (Conclusion) . 19

Wanted by the FBI . . . . 24

Published by the FEDERAL BUREAU OF INVESTIGATION UNITED STATES DEPARTMENT OF JUSTICE Washington, D.C. 20535

e ., UNITY IS A BASIC ELEMENT of our Nation's direct action with readymade remedies appeal to strength. The United States rise to a world power some rebellious­minded youths. has been possible because its people, who often We can be grateful for the responsible young disagree on the means to an end, have been uni- people who carefully weigh issues before com- l fied in a common cause­the cause of freedom, mitting themselves. They do not blindly follow liberty, and justice under the rule of law. Dissent, self­proclaimed do­gooders without checking discussion, and opposition are healthy and vigor- their credentials. The rational young man and ous components of our way of life. This is how woman today know the difference between con- democracy works. However, it is important that structive criticism and outright demagogy, be- we keep sight of our objective, that we preserve tween meaningful inquiry and undermining con- our system of self­government, and that we re- main united. spiracy, and between liberty and license. No right­thinking young American wants to forsake A Passing the heritage of unity from one gener- the proven principles of lawful, democratic free- ~ ion to the next is a crucial and vital step. Effec- dom for chaotic anarchy and disorder. tive communication is essential in this transition, I would say that we do not give sufficient atten- and it becomes more difficult as the complexities tion and credit to the responsible youth of our and challenges of our society increase. country. We are so concerned with the unlawful Without a doubt, our young people today are conduc't of a small segment that we fail to fully exposed to more extremists and radicals than ever appreciate and recognize the worthy ideals, as- before. These fanatics deal in bigotry, hate, and pirations, and achievements of the overwhelm- falsehoods, and their primary aim seems to be to ing majority of our young people. This is a grave turn young Americans against their country. injustice and, no doubt, is one reason we find it They preach theories overburdened with sim- difficult to effectively communicate with the plicity but with no depth in principle. Under- young age group. We must improve our com- standably, many young people are confused by munication with the younger generation and these agitators and their high­sounding dictums strengthen the chain of unity before it is too late. on love and peace. Logic and moderation are ob- Americans of all a~es, of all races, and of all scured and overrun by emotional causes which stations in life must face reality. The undeniable do not measure up under the scrutiny of truth and truth is that no nation, regardless how great or reason. Virulent extremists see only the black and strong, can survive when torn by internal discord white; for them, there are no shades of gray. They and strife. Unless we stand united­a free society act on impulse and have no patience with those ruled by supremacy of law­we shall fall prey to who question their motives. Their demands for the forces which seek to enslave the world.

_ CTOBER 1, 1968 Big

Business

for

Burglars

By JAMES P. HENDR1CK, JR. General Security Manager, South Central Bell Telephone Birmingham, Ala.

Professional lock pickers prefer daylight hours and sites where coin­operated telephones receive lots of business. Here, two telephone company security officers show how a team of lock pickers works.

Coin telephones provide a vital ing great concern to telephone com• Each burglary co ts the company ap• communication link for million of panies and to law enforcement offi• proximately $130. people every day. Pay telephones are cials. The burglaries result in revenue For the Bell ys tem as a whole, everywhere­in buildings, ga ta• 10 for telephone companies, much lo ~ es from coin telephone burglaries tions, on treet corners, and even on work for law enforcement officials, and during recent year have been more i olated highway . They often make poorer el'vice for the public when the than $3 million annually. And with· the diITerence between life and death. phones are damaged. out the preventive mea ures carried trong public demand has increased In 1957 thieves burglarized 403 out by law enforcement and the Bell the number of pa) phone in outh· coin telephones in ou thern Bell's nine ystem, the annual 10 ses could easily ern BelI Telephone Company from tates for a los of $41.503, including have been many times that figure. 95,289 to 144,946 in the past 12 years. damage to equipment. In 1961 almost What about the risk thieve take? Ye , coin telephone service is big nine thousand burglaries in the outh• The risk of detection, apprehension, busine for telephone compallies. But ern Bell ) stem resulted in 10 ses of and conviction up to now has not it i al 0 big busine s- too big- for about $1 million. Losse since 1961 been great enough to be a significant coin telephone burglars. This i" cau • have totaled more than $5 million. deterrent. ince January 1, 1962, in

2 FBI Law Enforcement Bullee Mr. Hendrick.

Southern Bell, the arrest rate has been one offender arrested for every 4S burglaries committed, and the oonvic- tion rate has been about one for every 60 burglaries committed. Every day new adult professional . inals join the swelling army of • telephone burglars.

Techniques Used The wheel puller MO is the newest technique of coin telephone burglars. At one time the modus operandi of most coin telephone burglars was the use of strong­arm techniques­fre- "shoot­out," the burglar places the Following are some basic similari- quently the rip,. pry, peel, and punch muzzle of a stud gun or some other ties of most lock­pick operations. ­ techniques of the oommon safe bur- high­powered sawed­off rifle directly Lock­pick burglars usually: glar. The thief would rip the whole in front of the lock cylinder, fires (1) Operate in pairs and sometimes in sets ~ instrument off the wall, carry it away, the weapon, and shatters the lock of pairs with an auto driver acting as and break into it in some secluded mechanism. a lookout for those working simul- To discourage strong­arm tech- taneously. location. Our initial preventative- (2) Operate in broad daylight and even stronger mounting of the telephone niques, our preventive measures, in with many people around. They feel instrument­forced the thief to make addition to stronger mounting instal- they attract less attention in a crowded too much noise and spend too much lations, were better locations, more place, and also the coin telephones in time for what he expected to gain from and better lighting, and, in general, such an area produce the largest use of those devices designed to pre- yields. the burglary. (3) Carry several sets of lock­pick tools in The thieves then began to concen- vent crimes against property. their car and/or on their person and trate their burglary attempts on the dispose of the tools they are using at phone cash compartments and con- Lock Pickers the slightest sign of suspicion or tinued to use common burglary tech- detection. (4) Take up temporary residence in a niques, such as punch.pin, drilling and With the containment of the strong- motel or hotel during the several days cutting with a torch, and an innova- arm burglar, a new MO emerged- that they will hit telephones in a tion known as the "shoot­out." In the lock picking. particular city or area. A search of

eober 1968 3 such locations generally will yield and third­degree burglary statutes to Possession of any of the three coin lock­pick tools and material to make coin telephone burglary, making it a telephone keys or a coin receptaclef them­ grinders, files, hacksaw blades other than authorized telephone steak knive, piano wire, and ke; felony. In such cases the prosecutors blanks_ argued and the courts held that coin ployees would constitute the basis or (5) Have hank deposit bags in their cars telephone booths are buildings within a charge of possessing stolen proper- or at th eir residence and almost al- the purview of such statutes­­hence ty. Possession of a homemade version ways carry money wrappers_ entering such " buildings" with intent of the keys would warrant a charge - (Ii ) Cl aim to be coin collectors if caup:ht of possession of burglary tools or • in possession of quantities of coin s. to commit a crime would come under (7) Durinp: lor k­picking forays, hide burglary statutes. a similar violation. coins in the car­heater hose, in the In Colorado the Supreme Court On the charge of possession of bur- hoIlo" part of the car armrests, be- held that "while a telephone booth glary tools, Southern Bell has recent- hind the back seat, in the p:as tank, may be only a closet when within an- ly prosecuted two gangs operating in and under the dash. other structure, it is a building within its area­ one in Florida and the other After the lock­pick burglar removes the purview of the burglary statute in Tennessee. In both instances the the cash compartment door on the when set apart_" (Sanchez v. People) evidence was lock­pick tools and telephone, he takes the cash receptacle Prior to that, a California court, in homemade telephone keys. and generally relocks the door. Some the case of People v. Miller, affirmed In Palm Beach County, Fla., a tele- burglars have emptied the receptacle the conviction of a defendant and held phone coin collector found an empty _ into a coat pocket and replaced it, that a telephone booth constituted a cash compartment while making his but they are the exception. It is usually building and was within the terms of rounds. Because this station normally carried away in a newspaper, camera the burglary statute. got heavy usage, he knew the bur- case, briefcase, or something similar. In 1961 the Palm Beach County glary had just occurred. He made a Criminal Court of Record, in Florida quick neighborhood investigation and Wheel Pullers v_ Lyick, et al., cited the Sanchez case learned that a car with a Duval as authority for holding a telephone County, Fla., license had just left the The problem of coin telephone bur- booth a building as defined in Florida area. He relayed this information to glary and, broadly, burglary of coin statute 810.05 (entering without Southern Bell's division security m. operated machines, has been likened breaking with intent to commit a mis- ager, who, from intelligence infor to a long­running giant checker demeanor) _ Violation of this statute tion available, quickly deduced that I game; that is, the truef makes a move is punishable by 5 years in prison_ the auto probably belonged to a well- and we make a countermove­­then he Other strong felony tatutes dealing known lock­pick burglar from Jack- I moves­then we move. with possession of burglary tools, son ville. This man is a former lock­ .. We have traced the coin telephone such as false keys and lock­picking smith who has been successful in burglar through the strong­arm tech- instruments, have been used success- picking coin telephone locks through- nique, into lock­picking, and quite re- full y in convicting coin telephone out the United States. We'll call him I cently to a technique known as wheel- thieves. Usually such success has been "the Pro." ; pulling. In this MO the thief is still enhanced by expert testimony at the A broadcast was sent out, and , I concentrating on the cash compart- trial to show that the tools and/ or within 15 minutes the Palm Beach : ment area. This method is quiet, quick false keys can be used only for enter- County Sheriff's deputies located him and doesn't require the finesse nec- ing locks and specifically, in most in- and two a ociates at a nearby coin essary to pick locks. Many lock pick- stances, can be used only in locks of telephone. Investigation revealed that er are turning to wheel­pulling_ coin telephones. the subjects possessed lock­pick tools and keys. Legal Aspects Physical Evidence The ar.complices were tried on charges of entering without breaking As coin telephone burglaries rose Following a cardinal rule with re- with intent to commit a misdemeanor to alarming proportions, strong laws spect to physical evidence, an investi- and possession of burglary tools. They were lacking. Offenders generally gator should remember that anything received 15 years each to be served in faced misdemeanor charges­­petty might be evidence. ome very unusual the Florida penitentiary. .. larceny, malicious mischief, or van- items have turned out to be important At the time of the trial, "the Pro" dalism. The first major breakthrough evidence in coin telephone burglary had jumped bond. He had been ar- came with the application of second- cases. rested in Tennessee and placed under

4 FBI Law Enforcement Bulle. Below, a closeup of a wafer from a compartment lock shows a toolmark left by a lock picker.

This Is a 200 series coin telephone with the thr.e locks and keys most commonly used. All keys are serially numbered and can usually be traced to place of issue and the employ.. to whom issued.

I I I I II I I I I I I II I I II I I II I I I I I I II I I I I I I 2 3 .

This actual evidence photograph shows a cut­out compartment lock, one of the wafers from the lock, a torsion bar, and two lock­pick tools.

These keys and lock picks made from piano wire were found in the possession of an arrested lock picker.

e $35,000 bond on a Tennessee charge graphic analysis to the metal hinges Fla. A legal search of the car revealed of third­degree burglary. Earlier in used on Bell System coin telephone over $1,000 in coins, a torsion tool Decatur, Tenn., he and two other receptacles. Also, the laboratory used commonly in lock picking, _ accomplices had been convicted of proved that toolmarks appearing in a strip of metal covered with layer ~ third­degree burglary and possession four of the locks were made by the black vinyl electrician's tape. of burglary tools. He subsequently straightened gem clip. A search of the area where the car pleaded guilty in Florida to possession Faced with this physical evidence was stopped uncovered two lock-pick of burglary tools and was sentenced to and the painter's eyewitness account, tools fashioned from steak knives. 5 years in prison. the male subject pleaded guilty in Telephone oompany personnel dis• Unusual items of evidence which Clayton County Superior Court to covered that when the alarm switch have been used by lock pickers, and possession of burglary tools and sim• was installed in the phone, it had been which might ordinarily be overlooked, ple larceny. He received an aggregate wired into place with black vinyl elec• are illustrated by several other recent 4-year probated sentence and a $2,000 trician's tape. The telephone repair• cases prosecuted in the Southern Bell fine. His wife pleaded guilty to the man still had the roll of tape he used area. simple larceny charge and received 1 while installing the alarm and had ~ot year's probation and a $1,000 fine. used it since that alarm installation_ Case of the Gem Clip All of the evidence gathered was Toolmarks Comparison submitted for examination to Assist• On November 13, 1965, in Forest ant Director Paul E. Shoffeitt, Ala• Park, Ga., a painter standing on a One preventive and investigative bama Department of Toxicology and ladder looked down into a pay sta• technique which Southern Bell and Criminal Investigation. tion to see a man and woman inside. the Bell System have used success• At the lab, questioned marks on one He saw the man take the door off the fully is to wire the telephone with an wafer of the burglarized lock were lower part of the telephone, remove alarm. When the alarm signal sounds matched with known marks made in the coin box, and then replace the door. (always without the knowledge of the the laboratory with one of the picking When the subjects drove off, the thief), business people close to the tools. Also, the piece of black vinyl painter called the police and gave them coin station can observe the people electrician's tape found in the subjects' a description of the pair and their car. in the telephone booth. car was fitted into its original posi. Within minutes police arrested the In Opelika, Ala., on March 10,1966, on the telephone repairman's roll'Y couple in another coin telephone booth at 11:45 a.m., a motel operator, who tape. On another piece of tape found nearby. The subject and his wife told had been briefed only days before on in the car was an indentation which officers that he was a coin collector and what to do if the burglar alarm Assistant Director Shoffeitt concluded -.. that he had a quantity of coins in the sounded, was cleaning up around the was made by the depressed plunger car. With his permission the car was motel. Suddenly the alarm buzzed. switch of the alarm inside the bur• earched. Found in their possession She immediately began observing two glarized telephone. were more than $1,500 in nickels, men in the telephone booth outside the The tape evidence provided clinch• dimes, and quarters; a piece of metal motel. One of the men smiled at the ing proof that the subjects had en• which appeared to be a fragment of lady, who carefully noted both men's tered the cash compartment area of ... a hinge from a coin receptacle; a dress, appearance, and actions. Al• the Opelika telephone, and the tool• master set of automobile ignition though she could not ee what went on mark comparisons further circumstan• keys; and a straightened gem clip. in the booth, she was certain a bur• tially linked the subjects to the crime. Subsequent investigation by police glary was in progress, and he jotted Both men were convicted of second• and telephone company security man• down the car's licen e number when degree burglary in Lee County, Ala. agers revealed that five other coin tele• it pulled away. She immediately called Because of their extensive criminal .. phones in the area had been burglar• Opelika police and the Southern Bell records, they received the maximum ized and that the tumblers of the Security Department to relay her sentence of 10 years. This case also il• locks on the cash compartment doors information. lustrates well the type of adult profes• bore scratch marks. It was quickly determined that the sional criminal specializing in coin The Georgia Bureau of Investiga• coinbox was missing from the station. telephone burglaries. One of the men tion Crime Laboratory concluded that Within 25 minutes, police stopped the has served other felony convictions .. the fragment of metal was similar in subjects' car. The driver and his pas• for robbery, breaking and entering, character, shape, size, and spectro• senger were both from Jacksonville, (Continued on page 22)

6 FBI Law Enforcement Bulla NCIC NETWORK f P5 Of AUGUST 15, 1968

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Success of NCIC Systems

The National Crime Information Center (NCIC) and its supporting Law enforcement has long recognized the sig• metropolitan and statewide systems nificance of technological advances in meeting its re• have been in continuous operation sponsibilities. The FBI's National Crime Information since the early part of 1967. Success Center (NCIC), a computerized index and communi• has come to this computerized index cations hookup, is a remarkable achievement in the of criminal information as a result of fight against crime. An article in the September 1967 close cooperation between the FBI and issue of the Bulletin gave a progress report on this local and State law enforcement. Since fast.expanding network. While accomplishments at that time, system expansion has ex· that time were highly encouraging, growth and suc• ceeded all expectations. Materially cess of NCIC since have exceeded all expectations. The aided by additional financial assist· accompanying article gives a resume of NCIC's prog• ance from the Office of Law Enforce· ress and advancement and highlights its speed and ment Assistance in the Department of effectiveness. Justice, new participants have joined the system at a rapid rate, Funds re• ceived by local and State agencies

e,ber 1968 7 have made it possible for them to tie Highway Patrol, Columbus (IBM enough. The effectiveness of the sys• into NCIC much earlier than would System 360, Model 40) ; City of Cin• tem had to justify its existence. This have been possible under existing cinnati-Hamilton County, Ohio (RCA effectiveness has been demonstr ~ budgets. Thus, the NCIC now has 64 70-45) ; and the Cleveland, Ohio, Po• by a consistently increasing numoer control terminals which extend cover• lice Department (IBM System 360, of "hits." In one instance the first in• age into 44 States, the District of Model 40). Additional metropolitan quiry made by a new control terminal Columbia, and Canada (see map). areas and States have computer sys• resulted in a "hit" on a stolen out-of• Over 700 law enforcement agencies tems in various stages of development State car and the immediate arrest of have direct access to NCIC through and anticipate interfacing with NCIC the driver. local and State computers. At the pres• in the near future. Overall, the system's effectiveness ent time the system extends from Where funds are not immediately can be illustrated in many ways, but Maine to Hawaii and from Canada to available to purchase or lease com• especially by pointing to July 1968 Florida. Plans are being made by the puters and peripheral equipment "hits." The NCIC monitor in Wash• few remaining States to tie into the solely for law enforcement purposes, ington recorded 3,088 "hits" on the system over the coming months. some agencies are planning to share data banks in response to opera• Most of the connecting control computers with other governmental tional inquiries that month. Distribu• terminals are Teletype Model 35 agencies in the interim. In such cases tion of these "hits" among NCIC files devices, which transmit at 100 words the systems will include procedures, was as follows: Percent per minute, or IBM 1050 data com• such as continuous activity monitor• Vehicles ______67.45 munication devices, which communi• ing capability, to prevent retrieval of Wanted pe~ons ______17.65 cate at 135 words per minute. How• police information by unauthorized License plates______6.06 ever, agencies need not use equipment persons and to prevent modification or Guns ______5.21 Articles ______3.63 of any particular manufacturer since deletion of data by other than the equipment of several different com• proper police agency. Such safeguards July "hits" represented more than panies has been successfully inter• were discussed in a resolution offered twice as many (107.5 percent) as faced with NCIC. Computer terminals by the Committee on Uniform Crime those in January 1968. During the pe• operating at this time include: Cali• Records and adopted by unanimous riod January through July, 14,. fornia Highway Patrol (IBM 7740) ; consent of the full conference at the operational "hits" were made California Department of Justice International Association of Chiefs of records in the system. (RCA 301) ; St. Louis Police Depart• Police in Kansas City, Mo., in Septem• Message traffic in NCIC continues to ment (IBM 7740); Jew York State ber 1967. This resolution provided increase apace as new terminals enter Police (Univac 418) ; Michigan State that controls governing access to po• their records and make inquiries of Police (Burroughs 5500); Metro• lice information must remain, as his• the system. As existing terminals de• politan Police Department, Washing• torically placed, with law enforcement velop greater experience with the sys• ton, D.C. (IBM System 360, Model agencies. tem, they establish internal procedures 40) ; and Metropolitan Dade County, to increase the Row of information F1a. (IBM System 360, Model 30). into the computer and thus generate a Increased Data Base ~ I The Louisiana State Police is in• greater number of inquirie each day. volved in testing operations using When NCIC became operational on The following tabulation, which Univac 418. Other agencies in advance January 27, 1967, in the pilot phase, compares January and June 1968 mes• tages of developing computer sy • approximately 23,000 records were sage traffic for the 25 terminals having terns to interface with NCIC include available to a limited number of par• the large t volume, is arranged in the Arizona Highway Patrol, Phoenix ticipants. As of August 1, 1968, the group of five terminals according to (IBM System 360, Model 30) ; Arkan• data base had increa ed to more than volume and show the percentage of 001 sas State Police, Little Rock (IBM 586,000 active records. NCIC files in• total traffic volume for each group. System 360, Model 40); Pinellas clude the following records: Percelllage of Wlai .'Oiume_ Janu~ County, Fla., metropolitan system Stolen motor vehicles ______200,979 Volume rankin8 ary June Change 1 through 5..... 55.0 48.8 - 6.2 (IBM System 360, Model 30) ; Geor• Stolen, missing, or recovered guns_ 166, 872 gia Department of Public Safety, tolen articles ______132,818 6 through 10.... 16.8 12.7 - 4.1 11 through 15 ... 9.8 9.3 - .5. Stolen license plates______60,871 Atlanta (Honeywell H-1200); De• 16 through 20 .. . 5.3 6.4 1. 1 Wanted per ons______24,824 + troit, Mich., Police Department (IBM 21 through 25 ... 3.5 4.5 +1. 0 System 360, Model 40); Ohio State But expansion alone was not 1 through 25 .. . . 90.4 81. 7 - 8.7

8 FBI Law Enforcement Bullee During the first 6 months of 1968, An analysis of NCIC message Participants may be interested in the volume of average daily message traffic for the first 4 weeks of July the percentage of traffic generated by .cincreased 6,241 messages (52 1968 discloses a traffic distribution types of messages. FBI experience in . cent), as indicated below: over the standard police watches 2400 June 1968 revealed a pattern as

A.vera,e daily to 0800, 0800 to 1600, and 1600 to follows: 1968 messa,e volume January ______12,113 2400 as follows (all local times for Percentale 0/ control terminals) : Types 0/ messales tolol traffic r February ­­­­­­­­­­­­­­­­­­­­­­­ 13,235 Inquiries ______69.4 .. March ______15,039 Proportion. Entries ______13. 7 April ______15,314 Hours (percent) Clears and cancels______7.6 May ______16,569 2400 to 0800______23.65 Rejects ______8.2 0800 to 1600 ______40.94 June ______18,354 Modifies ______1. 1 1600 to 2400______35.41 Traffic volume by day of the week 100.00 has been lightest on Saturday (7 a.m., 100.00 Saturday, to 7 a.m., Sunday, eastern Generally, the 0800 to 1600 watch A comparison of clears and cancels daylight saving time, e.d.t.) and Sun- traffic has been almost 'double that of (7.6 percent) with entries (13.7 per- day (7 a.m., Sunday, to 7 a.m., Mon- the 2400 to 0800 watch while the 1600 cent) indicates a record growth in day, e.d.t.), with Sunday traffic only to 2400 watch has lagged behind the which the entries exceeded clears and about one­half that of the heaviest 0800 to 1600 watch by about 5 percent cancels by more than 80 percent. days. During the month of June] 968 of total traffic. An analysis of the Thus, for every 100 clear and cancel the average message volume by day of traffic by time zones discloses only messages, 180 records were entered the week was as follows: minor variations except for the for a gain of 80 records in the system. A verage message The rejection rate of 8.2 percent for Day traffic volume Pacific zone in which the California Sunday ______11,332 Department of Justice and the Cali- June exceeded the total of clears and Monday ______19,252 fornia Highway Patrol are the only cancels. While the figure appears to Tuesday ______20, 737 be high, it continues to improve from VVednesday ______20,698 control terminals. The Pacific zone Thursday ______21,611 pattern of traffic was as follows: month to month. A proportionately higher rate of rejections at anyone mmmnm_m_____ n 21,242 Proportion , .y Hours (percen.t) control terminal indicates a need for 2400 to 0800 ______37.00 er:~er~~~-~::~-:r--~;-~-e-~~g~:' :: 0800 to 1600 ______35.09 additional training at the local level to improve the proficiency of person- day during June 1968 was 18,354. 1600 to 2400______27.91 nel assigned to terminal operation. This figure was exceeded each day 100.00 Terminal managers can increase of the week except Saturday and Sunday. Thus, the California control terminals productivity by identifying those per- sons in need of additional training The heaviest message traffic period have a better traffic distribution for and holding periods of instruction on during the day has occurred generally all shifts than the other terminals. points requiring attention. between 1200 and 1700, e.d.t. During This is a desirable situation from the an average day in June 1%8 mes- standpoint of field, terminal, and com- sages exceeded 1,000 per hour be- puter operations. New Computer tween 1300 and 1700, e.d.t. At the Traffic volume of terminals grouped peak period from 1400 to 1500, e.d.t., by time zones for the first 4 weeks of A new IBM System 360, Model 50, approximately 1,122 messages were July 1968 varied widely. The follow- computer has been recently installed generated. Occasionally NCIC has ing proportions were computed: at NCIC Headquarters in Washington, D.C. It replaces one of two IBM Sys- handled as many as 2,300 messages Proportion in 1 hour. Terminals in- (percent) tem 360, Model 40, computers previ- Eastern time zone______57.63 ously in NCIC operation. During the first 4 weeks of July Central time zone______24. 18 1968, traffic in operational inquiries Mountain time zone______3.94 Subsequent to the progress report followed the June 1968 pattern of Pacific time zone______14.25 appearing in the September 1967 is- messages closely. The heaviest 5­hour sue of the FBI Law Enforcement Bul- 100.00 period was from 1300 to 1800, e.d.t., letin, the 2702 Transmission Control however. Approximately one­fourth These percentages show that traffic Units were replaced by 2703 Trans- (25.16 percent) of all operational in- volume is heaviest in those time zones mission Control Units, each of which quiries was made during this period. of densest population. handles up to 176 lines. Additional

eober 1968 9 2703 Transmission Control Units on duces a 5-level signal which can be the status of the records of various order will produce higher speed read by Model 28 remote terminals. agencies is ample justification ~ transmissions in the 2400 baud range A second converter receives 5-level the procedure. _ once that phase of NCIC development signals from remote terminals and is reached in early 1969. produces an 8-level tape for transmit• Batch or In-Line Updating? talon the Model 35 to NCIC. Manual Improved Service punching of tape has been eliminated Perhaps at this time a question and queuing time has been reduced should be asked of control terminals: Effective May 27, 1968, the sched• subs tan tially. Should NCIC files be updated periodi• uled down or inoperable time for the Terminal managers using IBM 1050 cally after information has accumu• NCIC system was reduced to 2 hours equipment may process 7-level BCD lated for 12 or 24 hours, or should in• and 15 minutes a week. The system is code through the use of a switch on formation be processed promptly as scheduled to be down 45 minutes per this converter. it is received? day on 3 days only each week (Mon• The answer lies in the fact that day, Wednesday, and Friday). As a Validation of Records NCIC is a real-time system with ran• result, greatly improved service is af• domly organized files designed to pro• forded all participants. The ultimate Periodically all control terminals vide the agency holding an arrest war• goal is to eliminate all scheduled are provided printouts, cards or tapes rant or stolen report with the capa• down time with a fully duplexed of the records which they have en• bility of entering a record at the earli• system. tered in NCIC. This procedure enables est opportunity, thus increasing the At the present time inquiry and participants to check the statu of data possibility of apprehension or recov• locate messages are allowed only dur• entered in CIC files and determine ery_ Inquiring agencies are just as ing a 3-hour-45-minute period (7: 15 if it is accurate and up to date. The likely to make inquiry on a wanted a.m. to 11 a.m., e.d.t.) on 3 days a record of a wanted person who has person or stolen property one hour week and during a 2-hour period (7 been apprehended should not be in after the warrant was issued or the a.m. to 9 a.m., e.d.t.) the remaining file. This also applies to a record of stolen report received as 10 days later. days of the week. The Model 50 com• a stolen car or other property which This is the case because the crimi. puter will greatly facilitate NCIC ha been recovered. Allowing the rec• has become highly mobile. • operation and reduce limitations on ord of an apprehended individual or While it may appear simpler to or• the system. recovered property to remain in NCIC ganize the flow of information into can be hazardous to all participants the system by batch processing, this A Converter Application in the system. A "hit" on such a rec• degrades the real-time value of the ord could result in improper action system. Extra thought and planning In order to reduce human inter• by the inquiring agency-a person make it possible, in most circum• vention in message transmission, some free on bond might mistakenly be stances, to process updating with the NCIC control terminals are testing temporarily detained, or recovered same speed as inquiries are handled. different models of code converters property subsequently sold legally with varying degrees of success. could be seized erroneously. Additional Applications Agencies having remote terminals not Recently control terminals were re• compatible with the control terminal quested to advise CIC of the results Approximately 100 representatives may wi h to consider the succes ful obtained in validating record entered of NCIC control terminals conferred converter application of one of our through those terminals. Most partic• as an Advisory Group in Washington, participating agencie . ipants found their records generally D.C., on May 1 and 2, 1968, and re• The Department of Communica• in current status; however, in a few considered current and examined pro• tions in Miami, Fla., with an 8-level in tances updating procedures had not posed policies and operating proce• ASCII code Teletype Model 35 ASR been clo ely followed, with the result dures. The Advisory Group supported for communication with NCIC, ha that certain records had not been establi hing a ecurities File in NCIC communication with remote terminals promptly cleared. to include stolen, embezzled, counter• through 5-level Baudot code Model 28 The validation procedure is a val• feited, or mi sing serially numbered devices. Thi department has in tailed uable management control device, as identifiable "securitie." Securities, one converter which accepts the tape it points up weaknes es to the terminal for the initial purposes of this file, of incoming CIC me ages and pro• manager. The improvement noted in will include currency (presently ~

10 FBI Law Enforcement Bulle. cluded in the Article File} and those data and provide a wide variety of e. Cars which individuals are attempting documents or certificates which are current statistical information of to sell under suspicious circum- erally traded in the securities ex- greater value and of broader scope stances (through liaison established • with automobile dealers). Vehicle anges in the United States, with the than is now available to law enforce- identification numbers should be exception of commodity futures. Also ment. checked if available. to be included are warehouse receipts, A working group is presently en- £. Cars in possession of suspected auto- ... traveler's checks and money orders. gaged in developing the necessary mobile dealers. The Securities File is being incorpo- standards for recording "rap sheet" g. Questionable cars moving through roadblocks or toll stations. rated into NCIC. data. This is an essential first step and h. Cars of persons checking into motels The Advisory Group also recom- should be accomplished in much the or hotels under questionable circum- mended inclusion of stolen aircraft same manner as the development of stances (through liaison with man- and snowmobiles in the Vehicle File. standards for other NCIC applica- agerial staff). The numerous thefts of the popular tions. 4. Vehicle identification numbers of all out­of­State cars being newly registered snowmobile and increasing thefts of in the State. aircraft have necessitated their inclu- S. Cars which raise suspicion at points of sion, and this has been done. Ways To Use NCIC entry to a State or border points. A subcommitee of the Advisory 6. Used cars to be sold at auto auctions or For maximum benefit NCIC should being exhibited. Group is considering the advisability be used in those insta~ces when there of including missing persons in the is reason to believe that an individual Wanted Persons File. A survey made Guns may be wanted or property may have by the New York City Police Depart- been stolen. While the individual offi- Checking the following: ment disclosed that 97 percent of cer should not be restrained in the 1. Abandoned or "found' guns. 10,000 missing persons cases reviewed reasonable use of CIC, he should 2. Those guns in possession of arrested were closed within 30 days after being individuals. recognize those circumstances which reported to the police. Such informa- 3. Confiscated guns. may be the most productive. On the 4. Guns observed during legal search of tion is vital in the establishment of basis of information furnished by par- premises or vehicle. entry criteria, especially since a future S. Guns registered as required by law. e.ermination may be made to include ticipating agencies, a partial list of 6. Guns acquired by dealers in used guns missing persons in NCIC. activities which have been productive (through established liaison). Among other applications under in identifying wanted persons or stolen 7. Guns used in connection with or recov- ered at the scene of a crime. present study is digital storage of property is set forth as a guide for criminal identification records (com- the establishment of routine proce- monly known as "rap sheets"). A dures: Property (other than guns or vehicles) computerized file of identification Inquiring on the following: records in a well­conceived format 1. Pawned identifiable property after re- Vehicles would be of invaluable assistance to ceipt of information submitted by deal- ers as required by law or as a result of law enforcement. Records of arrests Jnquiring on the following: informal arrangement. and dispositions could be entered or 1. Vehicle identification numbers and/or 2. Identifiable property observed during retrieved instantaneously in the CIC license plates of cars possessed by per- legal search of premises or vehicle. sons being booked_ real­time system, providing this infor- 3. Identifiable property in possession of 2. License plates, especially during the mation when needed, whether at the suspects as determined by informants. slack period of evening hours, in such 4. Identifiable property which individuals time of arrest by the law enforcement places as airport, municipal, motel, and are attempting to dispose of at question- agency, during a preliminary hearing, hotel parking lots when cars show signs able prices to legitimate dealers or prior to sentencing in the criminal of forcible entry, have out­of­State li- (through established liaison). justice system. censes, or indicate by markings that they are "rental" cars. Digital storage of criminal identifi- 3. License plates of Wanted Persons cation records will be of inestimable a. Unattended cars parked in remote value in criminal justice statistical areas. Inquiring on: programs. Through the manipulation b. Cars towed in. 1. All persons booked. by computer programs of digitally c. Cars of individuals who have been 2. Individuals who have bc;en temporarily detained temporarily on suspicion. detained on suspicion (stop and frisk). stored records, it is possible to rapidly d. Cars of individuals cited for moving access a large amount of criminal violations. (Continued on page 23)

_ tober 1968 11 Alaska Troopers and Canadian Mo,

8y " LT. GERALD O. WILLIAMS Training OfRc.r, Alaska State Troop.,., Juneau, Alaska Coope Ueuhnant WHI......

Fugjtjyes sometimes use the Alaska high.speed

Cooperation between law enforce• ment organizations of AIaaka and Canada has a history begimUng in 1898 when the first reports of the gold strike at Dawson Creek reached the outside world. By the fall of that year, a detachment of the Northwest Mounted Police (changed to Royal Canadian Mounted Police in 1919), under the command of Inspector Con. stantine, had moved up the Yukon River through Alaska to Dawson. A subdetachment was established at the peak of the Chilkoot Trail over which the miners passed en route to the gold fields. The methodical Mounties im· posed the requirement that no one could enter Canada en route to the mines unless he first pecked in a year's supply of food. The Dawson and Chilkoot detacbmeuta worked closely with the U.S. Deputy Manhala on the other side of the bord. at Eagle and Skagway.

FBI Law Enforcement Tills tradition of cooperation has continued to the present day between the Royal Canadian Mounted Police (RCMP ) and the Alaska State Troopers who patrol the sparsely populated 2,600­mile­Iong border be- tween the 49th State and Canada. The problem of the highly mobile criminal is one which confronts these two agen- cies to the same extent as it does their brother officers in other jurisdictions, • but it is further complicated in the wn on the Border northland by the difficult terrain, harsh weather, and thinly distributed police personnel. New modes of mass transportation, particularly those of the new Alaska marine highway ferry system with high speed vessels capable of carrying 500 passengers, create additional requirements for coordina- tion and cooperation between the one of a fleet of th ree vessels operating between Prince Rupert, British Columbia, and Alaska, to flee from one country to another. RCMP and the Alaska State Troopers. Law enforcement coordination on the ferry route between Prince Ru- pert, British Columbia, and Alaska is effected principally through the Ketchikan office of the Alaska State Troopers. In a recent incident, the suspect in a burglary at Ketchikan managed to flee to Prince Rupert by air before he could be apprehended. The RCMP could not be alerted in time to effect his capture at Prince Rupert, but they arrested him several days later at Kitimat in central Brit- ish Columbia. When the suspect refused to volun- tarily waive extradition back to Alas- ka, a hearing was held, and the subject was soon on his way back to Ketchikan. In other instances when fleeing suspects are known to be aboard the ferries and the RCMP can be advised in time, the suspects are met at the dock and turned back to Alaska as "undesirable immigrants." Few fugitives have been lost in the 80 miles of storm­tossed seas which sepa- rate Ketchikan from the Canadian port city. Although the new Alaska ferry system carries thousands of passen-

13 gers between Canada and Alaska each the victim could not be located. The month, lack of personnel does not per- polygraph examination was conducted mit the regular stationing of Troopers in conjunction with a roadmap of e aboard these vessels. The single ex- Alaska Highway which was pains- ception is during the basketball tour- takingly reviewed with the suspect to naments in southeastern Alaska, when determine at which location on the the ferries are crowded with 400 to route a positive nervous reaction could 500 teenage enthusiasts shuttling be- be noted. It was through this means tween the various communities of the that the body of the victim was located. Alaska "Panhandle" providing en- Mounties have also participated in couragement for their teams. After special training sessions in Alaska, several instances of costly vandalism, such as the Medico­Legal Seminar the assignment of Troopers to these conducted in 1964. vessels was approved.

Commissioner Mel. J. Personell, Alaska Contrasting Methods Department of Public Safety. Boundary Incidents Alaska law enforcement officers who testify in the Canadian courts At other locations along the border, are amazed at the swiftness of justice Alaskan and Canadian communities Mutual Assistance in the Canadian system. Canadian are situated side by side, and occa- Alaska Troopers have also partici- officers, on the other hand, have been sionally Troopers and Mounties may pated in investigations and apprehen. surprised at the liberality and delays find themselves patrolling oppo ite ions initiated from the other side of in the American system. The marked sides of a street marking the boundary contrast between the American and line between the two nations. In these the border as well. The suspect in the Canadian methods of taking testi- towns criminals w'ho pass over the murder of a Canadian Customs Officer mony from a witness is, in some ways, border are usually returned with a in 1961 was apprehended by Alaska indicative of the differences in the two minimum of formality. Hyder, Alaska, Troopers in the town of Haines, systems. In Canada a witness testie and Stewart, British Columbia, are Alaska, and turned over to the RCMP. standing in an open box, which IS two such communities situated at the Trooper lie detector operators have raised above the level of all other head of Portland Canal. Troopers and been utilized by the Mounties in sev- courtroom participants, and he is al- Mounties team up together to patrol eral of their major investigations in lowed to deliver his testimony in a the two small communities during the the northland. One such incident in· summer months when the loggers and volved a murder in which the body of continuous manner without extensive miners of the region come to town for a fling. Because of the difference in cIo ing hours of the bars in the twin communities, the officers may find themselves, at times, in the other's jurisdiction working cooperatively and cautioning inebriated loggers. The suspect of a burglary in Hyder, in the summer of 1966, succeeded in getting over the line into Canada be- fore he could be apprehended. The Stewart RCMP Post was asked by the Alaska Troopers to interview the sus- pect. He was encountered on rhe streets of Stewart the following day by a Mountie who, after a brief dis- cussion, talked the fugitive into sur- rendering to Troopers at the Alaskan Corporal MacWhirker, lIehl, RCMP, and Sgt. Richard Burton, Alaska State Troopers, discuss the line. problem of the highly mobile criminal at the seaplane ramp in Prince Rupert, British Columbia.

14 FBI Law Enforcement Bullee questioning. This is a unique experi· FBI come together and exchange in- ing the story of the Grand Duc Mine JiJii..e for American police officers formation about "traveling criminals," disaster which claimed the lives of 29 _ i1iar with the probings and inter- in and out of the State. These meet- men in northern British Columbia on rogations of defense counsels in the ings are closely associated with the February 18, 1965. On that day, at U.S. courtroom. It is difficult for many West Coast Crime Conference which 10:15 a.m., an Alaska Communica- of them to understand how the Ameri- is attended by State Trooper criminal tions System radio operator at Ketch- can legal system, which is derived in investigators. As a result of the Alaska ikan reported receiving a MAY- common with that of Canada from our meeting, a current booklet containing DAY rescue call stating that a snow British heritage, could have taken such photographs, description of vehicles avalanche in the vicinity of Unuk Riv- a divergent course in recent years. driven, previous criminal history, and er had buried over a hundred persons. MO's of all persons discussed at the Reception was weak and the operator Marksmanship Matches conference is prepared. Copies of the reported that he was losing radio booklet are distributed to Mounties power and could send, but could not Since 1958 the RCMP subdivision and Troopers on each side of the receive, messages. The Coast Guard headquarters at Whitehorse has par- border. Rescue Center at Ketchikan and the ticipated in a revolver marksmanship Ketchikan Volunteer Rescue Squad match with Alaska State Troopers. were alerted by Sgt. Richard Burton, Search and Rescue The competition is held annually, State Trooper detachment command- alternately in Alaska and Canada. Al- er. Cooperation is effective in areas though the trophy was recently retired other than those concerned exclusive- by the Alaska Troopers, it has custo- ly with law enforcement. Police re- Rescue Plans Made marily been won by the host team for sponsibilities in the wilderness areas obvious reasons. of Alaska and Northern Canada are The RCMP detachment at Prince In 1964 as the Alaska State Trooper considerably broader than the routine Rupert was also advised of the call team members were en route to White- duties performed by other law en- for help and of the fact that radio horse to participate in the tourney, forcement organizations. Search and triangulation indicated that the trans- crossed the Canadian border on rescue and the transportation of in- mitter was located in the vicinity of • Haines Highway and prepared to jured persons are frequent tasks of the Grand Duc Mining Camp 30 miles submit to the customary Canadian the two organizations. In searching north of Stewart in British Columbia. Customs formalities. The Canadian for lost or missing hunters, Trooper- Assistance from the Alaska side was official inquired whether or not the and­Mountie­directed search parties offered and accepted by the Mounties, Troopers were armed and, receiving are often initiated simultaneously since winds of excess of 60 m.p.h. an affirmative reply, informed them from both sides of the border. A co- prevented the Canadians from launch- that Canadian law required that all ordinated system for the evacuation of ing any rescue efforts at that time. In firearms be placed under seal and seriously injured persons on the Alas- Juneau instructions were given to the remain sealed until they had exited ka highway has been developed in Alaska State Ferry Taku, then en from Canada. The Troopers were non- consort with the Yukon Territorial route north from Ketchikan, to turn plused, but had no alternative except Department of Transport and Health around and proceed to Prince Rupert to comply and reluctantly surrendered and the U.S. Air Force Rescue Center to take aboard personnel and equip- their weapons to the Canadian officer. at Elmendorf Air Force Base in Alas- ment of the Canadian rescue party. As the crestfallen Troopers prepared ka. Alaska State Troopers frequently Civil defense headquarters at Juneau to depart, the customs inspector called call for USAF helicopter evacuation authorized the release to Sergeant them back and said: "RCMP Inspec- Burton of all available civil defense of injured persons deep in Canadian tor Vachon said that this is really all equipment in the Ketchikan area. territory. that you would need," and thereupon He was also nominated by the Gov- presented each of the Alaska State ernor to direct and coordinate the Trooper team members a small bag Mine Disaster rescue efforts from the Alaska side. of rocks. Handtools, blankets, medical sup- Mountie representatives participate Perhaps the most noteworthy ex- plies, and 20 barrels of aviation gaso- in the annual Alaska Crime Confer- ample of the close working relation- line were moved to the U.S. Coast ence, when investigators representing ship which exists between the two or- Guard base at Ketchikan, where they all Alaska police agencies and the ganizations can be found in recount- were loaded aboard the 95­foot cutter

. tober 1968 15 ,

At the Grand Out Mine disaster RCMP and Alaska State Troopers worked together to rescue the victims.

16 Cape Romain which was assigned to prepared at the site of the disaster, Prince Rupert, taken aboard the Cana- assist in the operation. A second cut- and the 11 volunteer workers from dian rescue teams and their equip- A stationed at Juneau was also or- the Ketchikan rescue squad were at ment and transported them to Stewart_ 'Wed to the scene. The Cape Romain work reopening the mouth of the mine Alaska State Troopers remained at was loaded with rescue workers and tunnel to free the trapped miners. One the scene maintaining radio commu- equipment and en route to a selected man was found alive after being en- nications and assisting the RCMP in rescue base camp site at the head of tornbed for 72 hours. Numerous the recovery of bodies and property the Chickamin River within 4 hours bodies were found. of the still missing miners. The Amer- of the receipt of the initial call for On February 20, at the scene with ican Coast Guard cutters were recalled help. At 3 o'clock the next morning, Canadian Mounties, Sergeant Burton to Ketchikan with their burden of a landing was made at high tide. established communications with the more than a hundred rescued miners, Rescue squad members and Troopers Canadian base rescue camp at Stewart and the watch at the mouth of the L. went ashore to clear an area for a and learned that a caterpillar train of Chickamin River was taken up by an r' helicopter pad and to establish a first six cats accompanied by Canadian RCMP police boat. Sergeant Burton aid station. troops was at work opening the remained at the scene as American avalanche­covered trail which still coordinator of the joint rescue opera- blocked access from the Canadian tion. The base camp was maintained Extent of Disaster side. The train was expected to arrive and resupplied with aviation gasoline the following day. At this time the by the Coast Guard cutters, and the An hour after first daylight on Fri- American volunteer rescue workers, last American rescue workers, medical day morning, February 19, the first who were at the point of collapsing personnel, and Troopers at the disas- evacuees from the mine site began with fatigue after 3 days of continuous ter scene were returned to Ketchikan arriving at the base camp after walk- digging, were withdrawn and replaced by cutter on February 25. ing 13 miles over trackless snow- by Canadian troops who arrived by On the Canadian­Alaskan border, covered terrain. It was then that the helicopter. In the meantime, the Alas- cooperation is indeed the backbone of first information became known of ka State Ferry Taku had reached effective law enforcement. the true extent of the disaster. The nd Duc copper mine, located in • rugged mountain area of northern British Columbia, was partially dug under the face of a glacier. On the morning of February 18, the glacier face collapsed after being weakened by heavy rains. An avalanche descend- ed upon the camp wiping out all of the buildings and burying all but a hand- ful of the 140 men working at the site. Forty men who were working in the ll­mile­long mineshaft were still trapped, and over 30 were missing.

Rescues Effected

The first arrivals were taken to the two waiting Coast Guard cutters, the second vessel from Juneau having ar- rived during the night. Coast Guard and private amphibious aircraft also began landing to assist in evacuating the stricken miners. Helicopters pro- vided transportation for the seriously American and Canadian helicopters helped evacuate victims of the mine disaster. The steep injured directly from a 'copter pad cliffs in the background show the rugged terrain of the area.

e ober 1968 17 An automobile dealer erected • INVESTIGATORS' AIDS foot­high fence around his lot to _ courage thefts of parts and accessories from his new cars. A thief, however, cut the fence at L1."UF() tJUA-n.~/:J. ­.2 Cl-t,;; -.y~9C the bottom, spread the links apart, ( {jut<. f_p..- 44:-t,3 -5"3 and entered the lot. REAR UNGUARDED Next a detective of the local police ACTION yia ~LA W department purchased a pressure .,z. - ~~/t"'d,-' 7 ,6witch, buried it beneath the opening Two burglars established what they The Slate a I omia iequlres ;;if&: in the fence, and connected it to an thought was a good lookout prior to minors to have profile photographs alarm in the fire department with 480 entering a building they planned to on their driver's licenses. Adults are feet of wire at a total cost of $13.88. burglarize. They attached one radio depicted in full-face photographs on Two false alarms were caused by transmitter­receiver to a parking theirs. Any official checking licenses dogs that came through the fence. But meter in front of the business place can then immediately tell if an indi• one night the detective's strategy paid and carried a second radio inside with vidual is under 21 years of age. off when the alarm was sounded and them. Recent investigations have shown police found the culprit hiding under Their plan was that in the event a that teenagers have obtained passport• a truck. police car approached the establish• type full-face photographs from coin• The thief had entered the lot on five ment, the radio transmitter-receiver operated machines, placed these over different occasions and stolen acces• would pick up interference from the the original profile photos, and then sories worth more than a thousand police radio, transmit it to the second reproduced the entire driver's license dollars. radio they carried, and thereby warn on a copying machine. them of the arrival of the police. The newly created driver's license .fne.??W - jJ allows a minor to enter taverns and c1 However, the police drove up an /-?-))-C 7/ alley in the rear CYf the building, out bars where the operators rely solely L Wlr. / ~ ESS- rbENTIFJCA' of range of the radio on the parking on the individual's photograph to de• .r ~: .:),a::tL ~0 d.a.b-iHL meter in front. termine that he is an adult. A criminal statute in the 5'tate of The two bungling burglars were Texas appears to be of considerable

arrested before they could get away. l~. ---( ~ A ....,.'-.h~ ~_ _value to law enforcement officers in i.4-~ -~r~..J /L.d · 'fi . f . (l-"p~ "J ~ L ~ lliel denh catlOno personsatacnme J - ;,;~ -~r ~~ ~ /..3 y'.:J.fc:J!,- GUN TRA~ ,ff YJ9' _ I. scene. The statute reads as follows: CHEATING ' ~CHINE P I' ' ffi . t' t' b "Whenever a peace officer has rea• o lee 0 eers lOves Iga 109 a ur• . glary in a large department store sonable grounds to believe that a Police in a western city have un• found an unusual booby trap set for crime has been committed, he may covered another scheme to obtain them by the thieves. stop any person whom he reasonably money unlawfully from money-chang• · th' 1 t th believes was present and may demand ing machines. Generally, a dollar bill After co11ec t109 elf 00, e ' h t of him his name and address. If such is inserted into a money-changer burg Iars 1e ft one 0 f the soret s so• person fails or refuses to identify him• which verifies that the bill is genuine guns, fully loaded, on the floor. One self to the satisfaction of the officer, by means of photoelectric cells. A end of a thin wire was attached to the he may take the person forthwith be• lever then drops down to the middle trigger and the other end was fastened of the bill, pulls it into a receptacle, to a counter. When one of the officers fore a magistrate. If the person fails and gives a dollar in change. How• picked up the gun, it discharged and to identify himself to the satisfaction ever, crooks have discovered that the slightly injured several other officers. of the magistrate, the latter may re• lever merely passes through a bill cut Apparently the thieves had held the quire him to furnish bond or may in half, completes the circuit, then weapon in readiness during the bur• commit him to jail until he so iden• gives the change without taking the glary and afterward rigged it as a tifies himself." (Article 2.24, Texas bill. booby trap to deter pursuit. Code of Criminal Procedure)

FBI Law Enforcement Bullee 1983 TODAY

When executing an arrest, rely on probable cause or a valid warrant instead of the mere promise of a citizen to file a com- plaint "later." Do not accede to the demand of any person, whether he be an official or a private citizen, that such action be taken without probable cause. The resulting civil suit will name the officer and not those whose interests he was protecting.

This is the conclusion of a three• to deprive of a known constitutional courts have not looked with favor • article on police liability. right. upon such suits. In Weller v. Dick• In contrast, you should not be held son, 314 F. 2d 598, 603 (1963), the liable under 1983: cou'rt said: Section 1983 should be read against 1. If you act in good faith and on rea- We know from sad experience ... that the background of tort liability that sonable grounds, assuming that the law imprisoned felons are seldom, if ever, makes a man responsible for the nat- you are enforcing is constitutional. deterred by the penalties of perjury. They ural consequences of his actions. In- The fact that some court decides at a do not hesitate to allege whatever they cluded in that background are the later time that the statute is uncon- think is required in order to get themselves defenses of good faith and probable stitutional should not deny you this even the temporary relief of a proceeding defense. in court. The prospect of amercing their cause. 2. If you fail or refuse to act and you had jailers in damages must be a most tempting Drawing from both Monroe v. no legal duty to act in regard to the one, even if it will not get them their free- Pape and Pierson v. Ray, there are complainant, there is no basis for dom. The disruption of prison discipline some broad general guidelines that liability. that the maintenance of such suits, at gov- Besides the main body of law un- ernment expense, can bring about, is not can be ascertained. As an officer, you difficult to imagine. Particularly since Mon· may be liable under 1983: der 1983, there are two incidental roe v. Pape, ... it has become apparent points that need to be considered. The that the "jailhouse lawyers" think that they 1. If you are enforcing a valid statute in first is the problem of filtering out the have a new bonanza in the Civil Rights Act. such a way as to deprive an individ- ual of constitutional rights. rights which a prisoner is permitted Prisoners are turned away where 2. If you are enforcing a statute you know to retain from those which he loses their claims are not recognized as or reasonably should know to be un- upon confinement. raising constitutional issues. Rice v. constitutional in such a way as to de- It is clear that the mere fact an in- Schmidt, 277 F. Supp. 811 (1967) prive such rights. dividual is serving a term in prison (inaccurate computation of prison re- 3. If you violate the State constitution does not deprive him of the capacity lease date is violation of statutory and laws, as well as the Federal, in de- priving rights (you are still acting to sue. Cancino v. Sanchez, 379 F. 2d right, not constitutional right). " under color of" law). 808 (1967); McCollum v. Mayfield, Even where they allege a constitu- 4. If you do not have the specific intent 130 F. Supp. 112 (1955). But the tional violation, the courts, from time e ober 1968 19 to time, will dismiss the case because research and writing may be limited, Gittlemacker v. Pennsylvania, 281 F. the claim appears to be merely De Witt v. Paul, 366 F. 2d 682 Supp. 175 (1968). frivolous. For example, in Brown v. (1966), as long as the prisoner is not The second point, incidental to . Brown, 368 F. 2d 992, 993 (1966), denied reasonable access to the courts. main body of 1983 law, is the av ~ the plaintiff alleged that when he Ex parte Hull, 312 U.S. 546 (1941) ability of legal counsel to assist plain• could not give an Agent of the FBI (State prisoner's right of access to tiffs in filing suit against officers. certain information, he was set upon Federal courts) ; White v. Ragen, 324 Contrary to what some plaintiffs <• by the Agent and three prison officers. U.S. 760 (1945) (State prisoner's would like to believe, there is no right He claimed he was beaten, kicked, right of access to State courts). An to counsel here. However, there is a knocked, stomped, thrashed, and example of this kind of complaint oc• privilege to have free counsel made cursed in an effort to coerce him into curred in Taylor v. Burke, 278 F. available, so that the expanding appli• making a statement. The court said, Supp. 868 (1968), where a prisoner cation of 1983 will not necessarily be "The pleadings . . . contain allega• sued the warden for having confis• slowed by the factor of cost of ob- .. tions which could be said to tax a cated certain legal papers. He claimed taining a lawyer for the plaintiff. reader's credulity." Some cases are dismissed on the grounds that prison discipline is an executive function and the judicial Develop a program of internal analysis, planning, and branch ordinarily should not inter• training. Work out departmental guidelines and enforce them fere. Walker v. Blackwell, 360 F. 2d 66 administratively, thereby precluding much external criticism (1966) (limiting religious practices). that could ripen into a civil action. But the courts do require that such rules as are imposed must be uni• formly applied. In Cooper v. Pate, 378 U.S. 546 (1964), an inmate of the this denied him the right of access to Title 28, United States Code, Sec• Illinois State Penitentiary brought an the courts, but the suit failed because tion 1915(d), provides that a Fed• action under 1983, alleging that, solely it was noted the court had received eral court may "request" an attorni because of his religious beliefs, he was six previous petitions from the same to represent a person unable to denied permission to purchase certain plaintiff during the past year. ploy counsel in a civil case. Such ap• religious publications and denied In Hatfield v. Bailleaux, 290 F. 2d pointments are discretionary with the other privileges enjoyed by other 632,640 (1961), the court said: judge and usually depend upon some showing that the case has merit. prisoners. The Supreme Court held " tate authorities have no obligation un· Roberts v. Pepersack, 256 F. Supp. the complaint was sufficient to support der the federal Constitution to provide li· the suit under 1983. brary facilities and an opportunity for their 415 (1966); Jefferson v. Heinze, 201 Thus officers having custody of a use to enable an inmate to search for legal F. Supp. 606 (1962). prisoner may restrict his freedoms as loopholes in the judgment and sentence un· It is not difficult to understand that, der which he is held, or to perform services in an appropriate case, it would be long as the restrictions are reason• which only a lawyer is trained to perform. ably related to security of the deten• ... (H)e has no due proces right to spend unfair to deny counsel to an indigent tion and are not applied in a discrimi• his prison time or utilize prison facilities in plaintiff. The problem involved here natory fashion. The amount of acces an effort to discover a ground for overturn· was described by the court in Roberts permitted visitors, including the pris• ing a presumptively valid judgment." v. Barbosa, 227 F. Supp. 20, 23 oner's use of the mails, may be Prisoners in need of medical atten• (1964), as follows: limited. Labat v. McKeithen, 361 F. tion must be afforded care to avoid Where indigent plaintiffs are encouraged by 2d 757 (1966); Goodchild v. physical injury, damage, or death. the oller of free counsel "... there will Schmidt, 279 F. Supp. 149 (1968). Elsberry v. Haynes, 256 F. Supp. 735 be no recourse to defendants even for costs, again t plaintiffs, for ill·conceived and rna· (1966) (sheriff sued by his prisoner The exercise privileges of prisoners licious and unfounded suits, to say nothing may be limited where special circum• for failure to provide urgently needed of the trouble, harassment, time, and ex· stances exist, such as confinement to medical care). But improper medical pense such as attorney fees incurred or ex· death row. U.S. ex rei. Raymond v. treatment is not a denial of constitu• pended in defending a suit, which cannot Rundle, 276 F. Supp. 637 (1967). tional rights. Commonwealth 0/ Penn• be covered by an assessment for costs." The time and place in which pris• sylvania ex rei Gatewood v. Hendrick, Should the court decide to deny the oner are permitted to engage in legal 368 F. 2d 179 (1966); U.S. ex rei request for free counsel, this will not

20 FBI Law Enforcement Bulle be a violation of due process. Weller State law. Cohen v. Norris, 300 F. 2d person or property of another while v. Dickson, 314 F. 2d 598 (1963). 24 (1962) . performing his duties as a policeman, A msel is generally denied where the The two practical alternatives avail• the municipality shall indemnify the ~intiff has had a history of filing able under the present law are in· policeman for any judgment recov· suits which appear to be patently vin• demnification by the government and ered against him as the result of such dictive and part of a scheme to utilize insurance. Tennessee has recently en· injury, except where the injury results the provisions of the civil rights act acted legislation to provide indemni• from the willful misconduct of the for the purpose of harassing law en• fi cation for employees sued for policeman. In the case of cities under forcement officers. Allison v. Wilson, damages in the course of their employ• 500,000 population, the indemnity to 277 F. Supp. 271 (1967) . ment. Section 6-640 of the Tennessee the officer shall not exceed $50,000, By now, the present and future sig• Code, effective July 1, 1967, provides including cost of suit. Ill. S.H.A., Ch. nificance of 1983 to law enforcement that whenever an officer is sued for 24, Section 1~. officer should be readily apparent. damages arising out of the perform• Connecticut law provides for indem• Its potential for affecting the personal ance of his official duties, his agency nification for all sums the officer lives of policemen has no limits, and will provide defense counsel and in• becomes obligated to pay, by reason such influences on individual officers demnify him from any judgment of a judgment for damages to persons ultimately color the effectiveness of rendered against him in such suit. or property which occur while he is the entire force. It seems imperative But the obligation to back up the of• acting within the scope of his employ• that 1983 be recognized today as an ficer is limited to $50,000 for each ment and which are not willful or important factor to be considered in person iniured in anyone accident wanton. Conn. Gen. Stat. Ann., Sec• law enforcement planning and oper• and 100,000 for all injuries from tion 7-465. ation . anyone accident. Insurance designed to protect indio The most reasonable response It is doubtful whether this statute vidual officers may be the most useful would be, fir t, to admit that in these will protect officers who lose a 1983 means of softening the impact of 1983 perilous times officers face the added suit. Section 6-640 refers to "acci· liability. The Tennessee Code, Section threat of civi l suit for failing to abide dents" and appears to be concerned 6-641, effective July 1,1967, provides a large and extremely complex primarily with the usual instances of that all municipal corporations or y of constitutional law. This threat civil liability. Therefore, one thing other political subdivisions of the is aimed at the officer individually; that Tennessee officers may do is to State are authorized to contract, at neither his department, nor his em• seek to broaden the protection of this governmental expense, for policies of ploying government, may be sued. section to include the potential liabil· liability insurance to protect em• Next, the problem should be care· ity of a 1983 judgment. ployees in the course of their employ· fully analyzed to see how it might In Wisconsin, if a commission ment, but it specifies no limits of affect officers in your own jurisdic. determines that the officer against liability. Tennessee officers may want tion. Finally, various alternatives whom a judgment has been rendered to inquire and assure themselves that should be considered to provide some was acting in the line of duty and in any protection they are afforded ex• measure of protection for individual good faith, it may award the officer tends to potential 1983 judgments and officers. the amount of judgment, fees, and that the extent of such insurance cov• The most obvious solution would costs, up to $5,000. If this amount is erage is adequate. appear to be to extend the govern• inadequate, the matter is referred to Other States, such as California and ment's immunity to the law enforce• the State legislature for action on a Oregon, authorize State agencies to ment officer. But that is legally im• private bilL Wis. Stat. Ann., Section provide insurance for their employees possible where the right originated in 285.06. In Massachusetts, the State through self-insurance or by an the ConstitutIOn and it is protected by attorney general may defend the of• insurer, but such programs should be a Federal statute. No local rule of im• ficer in a civil suit, and, under a 1965 examined carefully to determine their munity, un associated with a generally amendment, where there is a com· actual protection to the individual recognized common law immunity, promise or an adverse judgment, the officer. can stand as a defense in a 1983 suit. State will pay up to $25,000. Ann. A 1983 suit can be expensive for an Even if the State were affirmatively to Laws of Mass. Ch. 12, Section 3 B. officer even if he is the eventual win• sanction the officer's acts, a plaintiff Illinois law provides that if an offi• ner. Somebody has to pay for the could still have a right to sue for vio• cer of a municipality having a popu• officer's attorney and other incidental lation of his rights under color of lation of 500,000 or over injures the expenses. Therefore, officers might

. ober 1968 21 well consider their need to seek the those caught up in an actual case are A local service station operator establishment of authority for their disciplined. heard the police broadcast and ar. government to provide necessary legal One answer may be to reexamine ticed the suspects' car parked ney counsel. If that is unsuccessful, they the statute and adjust the emphasis so the coin telephone booth outside hIS might resort to self­help as others have that the objectives can be realized station. He summoned police, who done. In some instances, counsel more fully. Pressure of a potential soon approached the subjects at the is available through the support civil suit against an employing agency oooth. Seeing the officer, the subjects of mutual benefit associations. would probably result in better selec• left the telephone, hut were ordered If this whole situation is viewed tion and training of personnel, with to halt. As they stopped, the officer objectively, the best solution of all is the result that greater personal disci• heard metal falling to the ground. The not difficult to describe. The original pline would be achieved. Plaintiffs noise was caused by lock-pick tools purpose of 1983 has been modified so permitted to sue the principal would which the officer recovered. A subse• that it now attempts not only to com• be more likely to collect on judgments quent search yielded additional tools pensate the plaintiff for his loss of awarded them because of the greater both in the possession of the subjects rights but also to discipline officers. It resources available. and in their automobile. fails in both respects. Officers gener• Finally, if nothing more, officers A search behind the restaurant un• ally do not have the financial re• should seriously consider the impor• covered a coin receptacle in a trash sources to compensate adequately the tance of 1983 today and provide them• heap. Company records indicated it plaintiff who truly has been deprived selves with the means by which they was from the restaurant's coin tele• of his rights. Few officers are aware can avoid being caught unawares and phone. Later, a latent fingerprint iden• of the body of law that has grown up unprepared by a civil suit filed under tified as belonging to one of the sub• around 1983, and, therefore, only this statute. jects was lifted from the receptacle by the Tennessee Bureau of Criminal Investigation. The subject and his accomplice COIN TELEPHONES ductive because{)f the surface material were convicted on three counts each of third-degree burelary; (Continued from page 6) of the inner parts. Good results have been obtained recently by "smoking" commit third-degree burglary; and escape. He has served a total of the suspected metal area with the possession of burglary tools. They 11112 years in prison. The other sub• smoke from a highly resinous pine• received consecutive sentences total• ject has prior sentences in the Florida wood (colloquially called literd). ing 4 years. Again, the court t{)ok no• penitentiary for breaking and entering After smoking, the suspected area is tice of extensive criminal records in to commit a felony and a 2-to-l0-year brushed with a clean brush, using a reaching the heavy sentence decision. sentence in Minnesota for third-degree side motion rather than an up-'and• burglary. down stroke. Successful results have What's the Future? been reported also on the use of a Latent Fingerprints chemical spray. The telephone industry considers coin telephone burglaries a major Although latent fingerprints have Two Caught problem but not an insurmountable not played a great part in the prosecu• one. We feel it is a problem that will tion of coin telephone burglars, they Latent fingerprint evidence was be solved by a combination of efforts should not be overlooked, especially used successfully in a case in Tennes• by law enforcement-for which we on lock picks. Because lock-pick bur• see in 1966. Here, two well-known are extremely grateful-and the in• glaries generally occur in the day• lock-pick experts met their Waterloo dustry, with the cooperation of the time, lock pickers usually do not wear at the hands of the Lebanon, Tenn., pU'blic. gloves which might call attention to Police Department and the Tennessee The industry is concentrating on their activity. Also, a delicate sense Bureau of Investigation. About 4 preventive measures, assistance to law of touch is necessary in some of the o'clock in the afternoon, a lady in a enforcement agencies on follow-up in• lock-picking maneuvers. restaurant noticed two strangers act• vestigations and on the training of new Normally, dusting for latents on a ing suspiciously at the coin telephone. police officers in the field of coin tele• coin receptacle or any inside portion When they left, she notified the po• phone burglary work, and enlistment of the telephone instrument is unpro• lice who put out a broadcast. of public cooperation in reporti·n

22 FBI Law Enforcement Bulle NCIC SUCCESS (Continued from page 11)

3. Suspects developed through criminal investiga.tion. 4. Suspects who have furnished identifica· tion, e.g., checkpassers. 5. Questionable individuals who have been required to show driver's license.

Securities

1. Through contacts with banks, brokerage houses, and lending or other financial institutions, liaison should be established fur the purpose of having responsible individuals in such organizations furnish information concerning stocks and bonds which are being offered as collateral by persons of unknown or questionable background who are seeking loans. 2. Business houses which accept traveler's checks and money orders should be made aware of the value of inquiring concerning traveler's checks and money orders being offered in payment under abnormal circumstances.

Conclusions

The rapid development of compre- ore A. King, Southern Bell's State security manager for Georgia, conducts a training class hensive metropolitan area and State for the Atlanta Police Department while police instructor Lt. Charles E. Wright (standing) looks on. computerized information systems, closely coordinated with NCIC, will suspicious happenings around pay with the telephone equipment and the provide law enforcement with a telephones. burglary tools that a coin telephone stronger deterrent against crime. Such Security department personnel thief is likely to have in his posses- systems will also provide a ­base for throughout the Bell System­and in sion. Even when investigating a crime more intelligent criminal justice plan- some independent companies­are other than coin telephone burglary, ning and evaluation. available to assist law enforcement a good interrogation of subjects and agencies in coping with the problem a check of the tools and other items of coin telephone larceny. They are in their possession might implicate thoroughly trained experts on the them in coin telephone burglaries. modus operandi of coin telephone The coin telephone operation will burglars. They want to cooperate with continue to grow and grow in volume Some thieves are not selective, they law enforcement agencies. Call on and utilization by the public. We tele- strike wherever their fancy and op- them to help you. phone people are dead set in our de- portunity lead them. One unusual re- Our people are available and qual- termination to make it shrink and port of the theft of an acre and a half ified to lecture before training classes shrink as a burglary target. of young peach trees from a southern of new police officers, or perhaps to Thanks for joining us in our battle plantation had officials wondering, just keep all the officers informed on against coin telephone burglars. "What next? " the latest developments and tech- Tractors and truckloads of soy- niques of the coin telephone burglars. Subsequent to the preparation of this article. beans and pecans have been stolen in Southern Bell Telephone & Telegraph Co. split ; Telephone people need and appre- and Sou thern Bell now COVer ! Florida, Ceorgia, the area, but this is the first time that ciate your advice and assistance. We orth Carolina, and South CaTolina, and South actual crops have been snatched from Central BeU Telephone Co. covers Alabama, Ken· hope you will familiarize yourselves lucky, Louisiana, Mississippi and Tennessee. the ground. ttober 1968 23 Lyon allegedly possesses a revolver, may have suicidal tendencies, and WANTED BY THE FBI should be considered dangerous. e

Notify the FBI

Any person having information which might assist in locating this fugitive is requested to notify imme- diately the Director of the Federal Bureau of Investigation, U.S. Depart- ment of Justice, Washington, D.C. 20535, or the Special Agent in Charge of the nearest FBI field of- fice, the telephone number of which appears on the first page of most lo- cal directories.

Since factory stamping of vehicle serial numbers is sometimes only VERNE ALLEN LYON, also known as "Sonny." lightly visible, it is not always possi- ble to obtain a lift of the numbers by using normal methods. Destruction of Airport Facility I A cold blueing solution, the ­' used to touch up the blueing on fire- arms, can be applied to the sanded Verne Allen Lyon is. currently Eyes______Blue. surface and allowed to darken. A light being sought by the FBI for the Complexion______Medium. Race ______White. sanding with steel wool, fine sand- destruction of an airport facility. Nationality______American. paper, or emery paper will remove the Lyon was arrested in connection with Scars and marks____ Scar on center of color from the surrounding area and the exploding of a bomb device at a forehead. leave the numbers dark. The numbers municipal airport in St. Louis, Mo., Occupation______Aeronautical engi- can then be photographed for perma- on December 20, 1966. He was neer. Remarks______Reportedly suffers nent record. charged with the bombing and re- from headaches and leased on $50,000 bond. Trial was blackouts and may scheduled to begin in Federal court be in need of med- on October 10, 1967, but Lyon failed ical attention. FBI No______866,424 F to appear. On October 16, 1967, a Federal warrant for his arrest was Fingerprint classification: 17 0 1 R­r 9 Ref: 1 9 9 issued at St. Louis, Mo. Acting on a tip, police in a small S 17 U 1 1 17 southern town arrested a suspected bootlegger as he walked down the Description Criminal Record street carrying two pieces of 2 by 6 Age______. 25, born Apr. 12, 1943, lumber on his shoulder. When the Davenport, Iowa. Lyon was convicted of forgery in officers separated the pieces of lumber, Height______6 feet. August 1961 and immediately placed they found several pints of whisky WeighL ______140 to ISO pounds. Build______Slender. on probation. He was discharged from concealed in pockets dug out of the Hair______Brown. probation in 1962. wood.

24 FBI Law Enforcement BUI . U.S. GOVERNMENT PRINTING OfFICE : 1968 0--317-1164 FOR CHANGE OF ADDRESS

4Rmp,ete this form ancl return to:

DIRECTOR

FEDERAL BUREAU OF INVESTIGATION WASmNGTON, D.C. 20535

(Name) (THle)

(Addre.s)

(OIt,,) (State) (Zip Oode)

Scientific Aid I~ . L . 1tY ~ P- /oJ"/~ J ~ *" /Y7- ~-~'/ 3-/ -

Late in 1967 a bomb exploded in the was blown apart. At least four electric struotural makeup of the wires at- baggage compartment of an airplane blasting caps had detonated. Other tached to alligator clips found in the in flight from Chioago to San Diego blasting caps had come loose but home of ­the sUbject and their compari- while over Denver, Colo. The plane failed to ignite. The explosion re- son with those of similar design found with its 73 passengers and crew was sulted in damage to the baggage com- on the bomb in the aircraft vitally con- able to continue to its destination in partment only. tributed to the overall evidence aglainst California and land safely. Because claim checks of certain the subject. Investigation of the incident, which passengers on the plane were imme- came under FBI jurisdiction as a diately recovered, FBI Agents were Prior Attempts violation with intent to destroy an air- alble to prove which baggage strap craft, led to the arrest 0.£ the husband had been attached to the suitoase con- Investigative information presented of one of the passengers. The husband taining the dynamite. during the trial established that the denied any implication. One of the Agents testified that defendant had made attempts dating toolmarks on an alarm bell on a clock back to 1963 to do away with his wife Lab Examination used as a time delay switch were iden- and that she was insured for more tified as having been produced by a than $117,000. At the trial in Chicago, the com- vise found in the basement of the sub- The defendant was found guilty bined efforts of a team of FBI Labo- ject's home. Tiny fragments of metal and sentenced on two counts to 20 ratory experts helped to prove the like that of the alarm bell were also years each, sentences to run concur- defendant's involvement in the case. found in the jaws of the vise. rently. Based upon examination of evi- Three types of wire were used in the On February 16, 1968, a motion for dence from the baggage compartment, bomb and three similar types of wire a new trial was filed. On February 19, FBI experts determined that the bomb were found in the subject's home. Tes- 1968, the U.S. District Court judge ehad been placed in a suitoase which timony regarding the composition and denied the motion for a new trial. UNITED STATES DEPARTMENT OF JUSTICE POSTAGE AND FEES PAID FEDERAL BUREAU OF INVESTIGATION FEDERAL BUREAU OF INVESTIGATION WASHINGTON. D.C. 20535 OFFICIAL BUSINESS

RETURN AFTER 5 DAYS

QUESTIONABLE PATTERN

This InteresHng and quesHonable pattern Is classified as an obstruction• type central pocket loop-type whorl with a meeting tracing. The ridge designated as A forms an obstruction at right angles to the line of flow (an Imaginary line drawn between the Inner delta and the center of the Innermost recurvlng ridge'. This Impression is referenced to a loop with one ridge count, and, because of the questionable nature of the recurve In front of the left delta, the pattem Is also referenced to a tented arch.