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Download OCTOBER 1985.Pdf October 1985 Law Enforcement Bulletin ••••••••••••••••••••••••••••••••••• I FBI I I LAW ENFORCEMENT I BUlLETIN i I I I• I • •I I I Jos.,.. Huler I. w•• te4 for the Ud...pl...f Erlnt K. N........1 • $1""" Cit,. low., Feb","" 4. 1935. fOT ..Mth oft..... h..... ;""Ieled • by • Fed.ral Grolld Jur, .t SI_ CII,. Iowa oa June I, 1935. H••I., I. al.o Wlllted for tb. kld..,i.. of H....... G. Bred...tei••r ."" DeaD I S. J.lDeo I( NI.ho.bot••, MI ....'i. on J_ 3, 1935. A ~Ial.t .... filed bofo,. a Unit"" Sta,•• Commissioner .t Omht. Nebr..ka J_ 27, 1935 thar,l.. hi. with tbi. oUeo... UIftI.,I. tlte '''''J••tof Ide.tltl • i ..tioa Order HI168. I..oed b, tlte Federal liar... 01 1."..11,,11... I • If'htnd iurtau of JutttsttgattJ1u . j;. IJrparlmrnl of Justin I i I . ~ I.CI . I VOL 4 NO. 10 OCTOBER 1, 1935 I••••••••••••••••••••••••••••••••• October 1985, Volume 54, Number 10 lP@O~©@ [}(]O@~@[f'W 2 The FBI Law Enforcement Bulletin: Pathway to Professionalism By Thomas J. Deakin © [f' ~0Dil@ @ ~ @ ~ O@~~©@ 10 Blueprint for the Future of the Uniform Crime Reporting Program By Paul A. Zolbe [b @@@O [M] @ ~~ @ [f' @ 13 Search and Seizure Policy: Development and Implementation By Clarke F. Ahlers ©@@~@[f'@~~@[ii) 18 Law Enforcement Coordinating Committees: One District's Experience By Gerald D. Fines and L. Lee Smith ©@@~@[f'@~D@[ii) 21 Sharing Federally Forfeited Property By Rosemary Hart and Laurence E. Fann [b@@@O [Q)o@@@~ 25 Computerized Business Records as Evidence: Required Predicates to Admission By John Gales Sauls 32 Wanted by the FBI l%OOlJ Law Enforcement Bulletin The Cover: Federal Bureau of Investigation Published by the Office of This month's cover illustrates the first issue of the United States Department of Justice Congressional and Public Affairs, FBI Law Enforcement Bulletin under this title in Washington, DC 20535 William M. Baker, Assistant Director October 1935. (See article p. 2) Editor- Thomas J. Deakin William H. Webster, Director Assistant Editor- Kathryn E. Sulewski Art Director- Kevin J. Mulholland The Al10rney General has determined that the publication of this periodical is necessary in the Writer/Editor- Karen McCarron transaction of the public business required by law Production Manager- Jeffrey L. Summers of the Department of Justice. Use of funds for Reprints- Regena E. Archey printing this periodical has been approved by the Director of the Office of Management and Budget through June 6, 1988. ISSN 0014­5688 USPS 383­310 Director's Message The Comprehensive Crime Control Act of Procedures have been established by the 1984, signed into law by the President, contains Attorney General for State and local law provisions authorizing the Attorney General of the enforcement authorities to follow in requesting a United States or a designee to transfer or share share of property seized under the forfeited property with participating State or local Comprehensive Drug Abuse Prevention and law enforcement agencies. Prior to passage of Control Act of 1970 or the Racketeer Influenced this act, the Federal Government could not share and Corrupt Organizations Act. Seized property or forfeited property with other nonfederal law proceeds from its sale can be equitably enforcement entities. transferred to State or local law enforcement The intent of this new legislation is to agencies which directly participated in the actions enhance cooperation between Federal, State, and that led to seizure or forfeiture of the property. local law enforcement agencies, especially in drug To aid in requesting a share of such property, investigations where most forfeitures occur. The a U.S. Department of Justice form, " Application Attorney General and I have fully supported for Transfer of Federally Forfeited Property" efforts to implement the sharing provisions of the (DAG­71), is now available from any of the local act. or regional offices of the FBI , DEA, or INS. Drug dealers view apprehension and I believe that the new equitable sharing conviction as a "cost of dOing business," because provisions of this law will definitely enhance law the huge profits generated by this traffic provide enforcement's cooperative efforts in this Nation's an overwhelming incentiv.e to those who ignore battle against illegal drugs and I urge State and the social costs. But, by depriving those in this local law enforcement authorities to take business of the profit, law enforcement can advantage of these new sharing provisions. remove the primary incentive, plus provide law enforcement with additional resources to combat this illegal activity. William H. Webster Director October 1, 1985 The FBI Law Enforcement Bulletin Pathway to Professionalism By The FBI Law Enforcement Bulle• Listing fugitives in a publication THOMAS J. DEAKIN tin was first published in 1932 to for law officers was not a new idea; foster "the exchange of criminal iden- the Texas Rangers did it a half centu- Special Agent/Editor tification data among . law en- ry before. 3 But a nationwide list, at FBI Law Enforcement Bulletin forcement officials. " 1 first called Fugitives: Wanted By Federal Bureau of Investigation In a 1932 memo, Harold " Pop" Police, with fingerprint classifications Washington, DC Nathan, the first Assistant Director of of the fugitives for identification, ex- the then Bureau of Investigation, sug- emplified the innovations the FBI was gested publishing a list of fugitives na- initiating in law enforcement coopera- tionwide. The Bureau's Director noted tion. "The objective of the on Nathan's memo: "I am very much Just 3 years later, another memo- Bulletin, like that of impressed with the suggestion . randum was prepared for Director J. the other cooperative we must continue to grow else we Edgar Hoover recommending that the cannot justify our present existence. name of the publication be changed functions of the FBI, J.E. Hoover." 2 to " FBI Police Bu"etin" since a is to advance the number of articles of interest to police profession of law had appeared in it, in addition to the listings of fugitives. Next to this sug- enforcement. It is gestion, Hoover wrote, "Just a the desire of the thought, instead of using police, how Federal Bureau of FUGITIVES about 'law enforcement.' " 4 Investigation that this And so, the title FBI Law Enforce• publication continue ment Bulletin appeared for the first \Vanted By time in October 1935­for a" of law to be developed in enforcement, not just police. POLICE such a manner that A memorandum on the name the greatest degree change to the Attorney General re- ported: of service may be " The Bureau gradually added to afforded to law the bulletin articles of a scientific enforcement nature, information relative to police generally." tactics and treatises concerning the UNITED STATES BUREAU or INVESTIGATION more recent developments in law J. Edgar Hoover John Edgar Hoov~r. DirectOr enforcement technique, until it December 1947 WaahlngtOn. O. C. became, in fact, a journal of a scientific and informative character for peace officials, thus necessitating a change in its name." 5 The Bu"etin has been a history of law enforcement's pathway toward 2 / FBI Law Enforcement Bulletin ___ professionalism. As the FBI began to view of the Bulletin. In October 1982, train police at the National Academy Judge Webster wrote: in the developing scientific, investiga• "Over the years, the Bulletin took tive, fingerprint identification, and Uni• on a new direction and form Crime Reporting fields, develop• emphasis . as law enforcement ments marking the beginning of police gained the hallmarks of a progress toward professionalism were featured in the Bulletin. professional service. Readers can now benefit from articles on The earlier Fugitives: Wanted by management techniques, personnel Po/ice had carried an article on explo• matters, special operations, legal sives from the St. Louis Police Depart• developments, and computer Special Agent Oeakin ment, a piece on the deciphering of management, as well as training, charred records by scientists at the investigative techniques, current U.S. Bureau of Standards, other arti• crime problems, [and] forensic cles on fingerprinting, an article on science developments . ." 6 testing for blood stains from the Dis• trict of Columbia Police Department, The country, having experienced and a profile of bombs by the New the " Roaring Twenties" with their at• York City Police Department. Material tendant postwar crime problems, re• from three outstanding local police ported by the Wickersham Commis• agencies, from scientists, and from sion (President Herbert Hoover's Na• FBI experts set the standard for the tional Commission on Law Observ• next 50 years; the publication had al• ance and Enforcement), went through ready become a cooperative venture what was called a "renaissance" in of law enforcement agencies and the law enforcement. The 1930's were scientific and academic communities. the decade of this " renaissance"; the Hoover wrote in the first issue of FBI became the national exemplar of the Law Enforcement Bulletin in 1935: American law enforcement-and the ". this publication should Bulletin was the voice of the FBI. provide a clearing house for police The new FBI publication detailed officials regarding successful police what the FBI was doing to meet the methods, a medium for the Commission's challenges to law en• dissemination of important pOlice forcement: Training toward profes• information, and a comprehensive sionalism, via the new FBI Police literature pertaining to the scientific Training School (now the National methods in crime detection and Academy), scientific examination of criminal apprehension." evidence in the FBI 's new Technical Today, this is still the goal of the Laboratory, and new developments in Bulletin. the nationwide identification of fugi• Later, future Directors of the FBI, tives through fingerprints.? Clarence M. Kelley and William H. Contributions by nationally known Webster, would endorse Hoover's police chiefs, such as August Vollmer, were indications that the Bulletin was in the vanguard of law enforcement pioneering.
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