.. - . , river Training For -Your Department??? - ~ORCEMENT rBl BULLETIN

OCTOBER 1981. VOLUME 50. NUMBER 10

Contents

Train.ing 1 Driver Training for Your Department??? By Lt. James J. Barron and Sgt. Steven L. Aurilio

Communications 8 Small Department Communications for Small Dollar$ By Jerry W. Lowe

Train.ing 11 Designing a Training Response to Stress By John C. LeDoux and Henry H. McCaslin, Jr.

Firearms 16 The Sighting Shadow Box By Robert W. Harmon

Arson 19 New York State Gears Up to Fight Arson By Francis A. McGarry

The Legal Digest 24 Conspiracy and the Defense of Feigned Acquiescence By Jerome O. Campane

32 Wanted By the FBI

Federal Bureau of Investigation Published by the Office of Congressional and United States Department of Justice Public AffairS. The Cover: Driver Roger S Young Washington, D.C. 20535 training for police ASSistant Director officers can reduce William H. Webster, Director Editor-Thomas J Deakin accidents and ASSistant Editor- Kathryn E. Sulewski minimize revenue Art Director-Kevin Mulholland The Attorney General has delermlned Ihal Ihe publica lion J. loss of 01 thiS periodical IS necessary In the transaction of the Water/ Editor- Karen McCarron Production Manager-Jeffery L. Summers departments. See public bUSiness reqUired by law 01 Ihe Deparlmenl 01 article p. 1. Jusllce Use 01 lunds lor prlnllng Ih,s periodical has been approved by Ihe Dlreclor 01 Ihe Office 01 Managemenl and Budgel Ihrough Oecember 28. 1983

ISSN 0014-5688 USPS 383-310 Officer H. Charger was moving Frank Sola pulled out of his drive• along at a substantial speed. With a way at 20 Bismark Street, with his wife year in the department, he was young, and three kids in the car. He headed and confident, and believed he could han• down the street, with the windows T. STEVEN L. AURILIO dle anything that came along. He was rolled up, radio on, and kids fussing in responding to a call about a disturb• the rear seat. A moving van at the ance in a bar. The last radio message corner blocked the view to the south, indicated that his partner in the next but the light was clearly green. He got beat had just arrived at the scene. into the intersection just in time to Officer Charger flipped on the red meet a 4,000-pound police car being lights and stepped on the gas. He had piloted at 70 m.p.h. The impact killed to cover his partner! And, after all, the Sola, seriously injured his wife, and left call was in his beat and he could han• one of his kids with permanent brain dle his own beat. The speedometer damage. Officer Charger lost a few crept past 60, even though it was a 35 teeth, and the police car was totaled. m.p.h. zone, but the traffic was light. Two years later the gavel sound• Up ahead, the Signal on Bismark Street ed. The jury awarded Irene Sola $1.2 had just turned red. million in general damages. The sum might compensate for the expenses and perhaps care for her brain-dam• aged son. But, she still misses Frank.

October 1981 I 1 What are the chances of a similar Driver training can and does re• mishap occurring in your department? duce accidents. The very purpose of 4 As a police administrator, you might "A trained police training is to improve the worker by have already pondered such an epi• officer operates his optimizing his job skills and knowledge, sode. You may have even considered pOlice vehicle with increasing his confidence and profi• instituting a police driver training pro• competence and he ciency, and developing efficient and / gram and silently made a mental note safe work habits. Good, learned work that you would start on a program arrives at his habits are reinforced by a scheduled t someday soon. Then, again, you may destination by skill." system of continuous refresher training 1 be an administrator who prefers to and by supervisory evaluation of the handle situations as they arise, em• worker's performance on a day-to-day ploying a minimal amount of planning. basis. Soon, the worker exercises Or perhaps you are an administrator good work habits naturally, with mini• who hopes that "it won 't happen mal physical or mental effort, and the here." You may believe that a driver likelihood of job error is significantly training program is beyond the needs reduced. and means of your department, since What happened to Officer Charger many small and midsized agencies is not uncommon. It has happened have limited resources and manpower. before; unfortunately, it will happen If so, then this article is aimed at you . again. What are the chances of it hap• It is not our intention to give a pening in your agency? Think of your detailed description of a driver training newest recruit. He's young, eager, and course. The details are for you to de• ambitious, as was Officer Charger. Are cide and to tailor to your agency's you satisfied with your department's structure and needs. Our intention is, effort to train this officer to operate his however, to convince you to develop or vehicle safely? Are you confident of his participate in a police driver training ability? If he makes a mistake, can you program and to show you how to do it afford it? Can he or his family? Mis• efficiently and economically. We real• takes with police vehicles can be ize the problems administrators face in costly. justifying new programs and maintain• A trained police officer operates ing current ones, while having to work his police vehicle with competence and within a tight budget. Well , we believe he arrives at his destination by skill. An this needed training can be accom• untrained police officer, on the other plished by using the resources already hand, arrives at his destination by luck. available. Perhaps you are not con• That luck sometimes runs out. It did for vinced you need or even want such a young Officer Charger. As a matter of program. Well , before looking at the fact, what happened to Officer Charger " how to do it," let's take a look at the is not necessarily a misfortune tha " why do it?" occurs only to new recruits. It can and Driver training, as with any train• . does happen to veteran officers who ing, is a product of sound planning; Helmets and aircraft·type harnesses are have, over the years, developed un• planning is a function of good leader• necessary equipment in any driver training safe driving habits. These officers are program. ship. Without training, proper perform• especially in need of training in order to ance is left to the "trial and error" the training spotlight, which leads us to break unsafe habits and to instill new method of learning, which is a costly an interesting paradox. It would seem and safe driving skills. and inefficient practice. An untrained that the activity which an officer per• police officer is an unprepared police forms most frequently and which has a officer. It's the supervisor's responsibil• greater chance for error receives the ity to insure that he gets the training to least amount of training attention. To perform his job and to accomplish the realize the disparity, one need only goals of the organization. compare the amount of time a police Driver training is an area that has, officer spends operating his police ve• for the most part, been overlooked by hicle as opposed to using his sidearm police administrators. Other concerns, or shotgun, negotiating with a hostage such as weapons training, S.W.A.T., taker, or rappeling off a tall building. and hostage negotiations, have held

2 I FBI Law Enforcement Bulletin Still not convinced? Okay, let's dozen cops and instructors drinking look at the "dollars and cents" of it all. coffee and burning time. This was ac• Money is the most obvious reason for complished with one car, one instruc• improving a police officer's driving abili• tor, and two students at a time, on a ty. It costs money to replace or repair a regular basis. Do it once a week, once damaged police vehicle; it costs mon• a month, whatever your manpower al• ey to pay for the damage to the other location allows. The important thing is driver's car or property; it costs money to get the people trained, then re• to pay for officer's wages should he be trained at specified periods. The first injured and unable to work; it costs step is the hardest-making the deci• money to replace the injured officer; it sion to do it. The program will flow from costs money to investigate the acci• there; the officers love it. dent; it costs money to fight law suits; it What is a police driver training costs money for insurance premiums; it program like? It can include many top• costs money to the individual officer ics. For example, inform the student of who may find himself being held per• the laws and rules that relate to emer• sonally liable. gency driving. Let him know your State How about time? An officer off requirements and restrictions. Let him duty because of a job-incurred injury is know your departmental pursuit policy, Lieutenant Barron not available. Manpower is depleted. If driving policy, or whatever. Also, let an officer manages to escape injury him know what happens to those who after being involved in an on-duty acci• forget. Negative strokes also get atten• dent, time is still lost. He never arrives tion. A swift, sure, and severe penalty at his destination; another officer has works much better than a laissez faire to cover his assignment. If it's an as• attitude. Drive the point home with in• signment in which life is in danger, the formation on liability-personal liability accident prevents him from arriving. that could get into his pocket. The Officer Charger never arrived to cover " how to" of driver training can be dis• his fellow officer on the disturbance cussed by lectures on skids, braking, call. It could just as easily have been turning, and physics. However, visual an "officer needs help" call. The bot• aids, such as a commercially available tom line is that he didn't get there movie, cover the ground more effec• because he wrecked a police car. tively. An informed instructor can fill in Consider the loss. Officer Charger the blanks. lost a few teeth. His department lost a police car. The city lost money to settle the lawsuit and will lose more money to insurance premiums. Irene Sola lost her husband. What can your depart• ment afford to lose? Sergeant Aurilio Driver training can reduce the pos• sibility of loss. By implementing such a program, our department was able to reduce the ratio of property damage to miles driven from .057 cents per mile to .017 cents per mile in just 1 year. We are talking about 41 vehicles driv• en well over 700,000 miles. However, don't envision 10 specially equipped police cars, a fancy raceway, and a

Patrol cars should be equipped with sturdy roll bars for officer protection.

October 1981 I 3 No amount of talking can replace From a driver training class you valuable hours behind the wheel. Com• can diffuse into a variety of vehicle• .. mentary driving, a process by which related training situations. A siren and the driver continuously describes what gunfire demonstration will awaken the he sees, gives the instructor a clue to dullest trainee to a few realities of po• the driver's perception and causes the licing: Sirens are not very effective, driver to become aware. You will prob• gunshots can't be heard, and you cer• ably find officers who don't attach sig• tainly can't kill a car by shooting it. This nificance to a child playing with a ball is also an excellent time to practice or the slight movement of the front felony stops, traffic stops, cuffing, and wheel of a parked car. The officer may a variety of hazardous practices that initially feel like an idiot talking to him• kill officers each year. self, but he will develop defensive driv• What's all this going to cost? Sur• ing skills. This portion of the training prisingly, very little. Most of the equip• can even be accomplished while the ment may be on hand, and most of the officer and instructor are on patrol. training can be done on duty time or If you can acquire a location for with compensating time off. The vehi• high-speed driving, that's ideal. If not, cle may be one that the department or give some thought to a skid pan or city is about to sell. Old police vehicles Chief David A. Hansen both. A skid pan is simply a hard sur• are seldom worth much money and face slopped down with oil, water, or keeping the vehicle in the fleet is an another slippery substance. With a $10 excellent option. Besides, who wants wreck from the junkyard, your officers to risk a new car? The car simply can experience handling high-speed needs to be outfitted with a roll bar and skids while going only 10 m.p.h. aircraft-type harnesses. Most jurisdic• Cone exercises are useful to de• tions have facilities or someone to rig a velop a driver's skill. Cones or pylons simple but sturdy roll bar. Aircraft-type can be arranged in an endless variety harnesses are safer than seatbelts of ways to build skill, confidence, and and can be installed with little effort. perception. The driver soon becomes Heavy-duty steel rims are recommend• aware that he can skillfully displace the ed for high-speed driving, since some vehicle by many yards, thus avoiding stock rims have a tendency to fatigue potential collisions. As he winds and and tear apart at the bolt pattern. The backs through tight patterns, he also vehicle should not be further modified. develops confidence and a feeling for A race car with special features de• the vehicle. feats the purpose of training an officer High-speed driving is more than to operate a standard police vehicle just going fast. Some can do it, some safely. can't, most will get better. It's impor• Instructor training has several pos• tant that the officer finds his level of sibilities. Many jurisdictions have driver skill and learns the potential of the training programs run by the State or vehicle. He will find his limit, then hope• city. Often, these agencies will allow fully not get in too deep in the future. another department to monitor their The student and instructor will perfect program or even train an instructor techniques learned in the classroom without cost. The only cost may be on the only medium that counts-the accommodations and meals. After all, roadway. But your roadway will be in a the instructor's salary will continue controlled environment, not what Offi• whether he's on patrol or at a training cer Charger met on Bismark Street. facility. Another option may be raceways and private concerns that offer private instruction. Perhaps they can use the publicity of associating their program with a police department.

4 / FBI law Enforcement Bulletin Finally, but not of the least concern, Since officers drive at night, why not how about assigning a mature, motivat• "From a driver training train at night when the parking lot is ed supervisor, with some driving skill, empty? Depending on the facility, in• to research the problem and adjust it to class you can diffuse surance or bond may be required. the department's needs? Formal in• into a variety of Vehicle maintenance will vary with struction helps, but is not mandatory. vehicle-related training the punishment your officers deliver to Finding a training facility may be situations.' , the car. They must be allowed to reach difficult, depending on the locale. The their driving potential, and this may ideal facility should have the same sur• cause some damage to the car. Con• faces as found on your city or county civic-minded and would gladly make sider the car as expendable, but repair• streets. The object is to find a facility at available their facilities to the local po• able. Dents can be forgotten; tires the least possible cost. Try a county lice department. Private concerns in• need replacement. An aggressive pro• airport or a private airport. Some have clude shopping centers, industries, or gram with high-speed training can unused areas that can be converted to anyone with a large-sized parking lot. grind off a set of tires in a day. A less your use with a few barricades. Some, Think of what's available in the com• aggressive program will extend the life especially the county, won't require a munity. Perhaps that abandoned fac• of the car and reduce maintenance fee, but will probably require insurance tory down the road is the answer. cost. You can count on broken tie rods, or a bond. Many private concerns are spindles, and tire replacement costs. But remember it's less costly to do it this way than to let Officer H. Charger experiment with a patrol car on a bor• ing night shift.

Vehicle-related training situations can be incorporated into any driver training program.

October 1981 I 5 Other equipment costs are mini• Police agencies would never give Chapin, K. " If A Guy Goes Flying By, The DeciSIon Is to Get Him ...." Police Magazine. November 1978, pp. mal. Safety helmets and aircraft har• an officer a gun and send him out on 36-42. nesses are a must. The helmets you the street unless that officer was Farmer, J. R. " Driver Training Program That Works." Law might possess already, or perhaps a trained to use that gun. Link the same and Order. November 1978. pp. 76-84. Korczynskl, J. " Driver's TralOing For Police." Law and few of your officers own motorcycles reasoning to emergency vehicles. A Order. November 1976, p. 72. and have an extra helmet. A training car in the hands of an untrained officer Mahurin, W. M. " Advanced Behind·The·Wheel Driver Training For Law Enforcement. " Poltce Chief. November film may be purchased for under $500. is just as deadly as a gun. In fact, a car 1975. pp. 40-41. Traffic cones can be purchased out• can be more deadly merely because of McCleverty, J. J. " Police Driver Training." FBI Law right or obtained from your street or the respect given to firearms by those Enforcement Bulletm, May 1970, pp. 16-21. Mclnenly, R. A. " Does Your Agency Teach PrecIsion highway maintenance department. who handle them. Unfortunately, a sim• Driving?" Canadian Police Chief. April 1978, pp. 13-15. You may need 10 or 100, depending ilar amount of respect is not given to Peters. G. A. " Academy of DefenSive Driving." Law and Order, December 1973. pp. 62- 64. on the type of program you design. It's emergency vehicles by their handlers. Shelton, T B. " Skldpan Training." FBI Law Enforcement amazing how many can be foraged. A A decade ago, training was con• Bulletm. October 1969, pp. 10- 11. first aid kit, fire extinguisher, steel rims, sidered a lUxury that only few police Weisel, J. " Controversy Over High Speed PursuIt. " Trooper. Winter 1977, pp. 61 - 63. and tow cable are also recommended. departments could afford. Today, it is a Public-spirited organizations may help necessity that few could afford to do purchase some of these items if your without. Let's face facts. Police admin• Books and Manuals Colorado State Patrol. Defensive Pursuit-Advanced budget is already allocated or has little istrators spend valuable time, money, Onver Training Course. RockVille, Md.: NCJRS chance of increase. and effort to train their personnel to Microfiche Program. Training costs also include the sal• handle a myriad of situations on the Fernstrom, B. C., and Ragsac. R. V. Hazardous Onving Obstacle Course. Santa Cruz, Calif.: Davis Publishing ary of the officer, if you look at it in the street. Yet, unless the officer assigned Company, 1975. fashion of a finance director. If your to handle such calls arrives safely, all Great Britain Home Office. Roadcraft-The Poltce Driver's Manual London: Her Majesty's Stationery Office, 1974. man has to be replaced in the field, his training is wasted. The first factor to International ASSOCiation of Chiefs of Pohce. Emergency certainly a cost is involved in overtime consider is getting the officer to where Vehicle OperatIon-Fresh PursUIt (Training Key No. 272); Safe Oovmg (Training Key No. 259). G8IIhersburg, pay. But what if you pay in compensat• he is going. He must get there quickly Md.: International ASSOCiation of Chiefs of Police. 1979 ing time off, adjust days off, or simply and safely. This is the prime aim of a and 1978. McDonalds, R. M.; Sheley, D. K. ; and Stinchcomb. J. B. rearrange the schedule? The object is driver training program. FBI Vtrgmla Emergency Veh,cle Operator's Cumculum to do it without paying several people a Guide. Richmond, Va.: Virginia Highway Safety Division considerable sum of money. By train• 1975. Sources For Additional Information On Drlyer Training Schultz. D. O. PolIce PursUIt Onvmg Handbook. Houston, ing only a few at a time, even a very Programs Tex.: Gulf Publishing Co., 1979. small department can adjust. Some Magazines might even get volunteers. Most offi• "Santa Clara City/County Officers Learn Defensive cers love the program. Driving-Hazardous Obstacle Course:' Police ChIef. 'Fllms October 1973, pp. 39-40. " EVOC-Emergency VehICle Operallons Course" (17 . We can't estimate a cost for an Ayoob, M. F. " Liberty Mutual's Skid Control Training for mins.• 16mm color) Glendale, Calif.: Alms Instructional average program, but you can deter• Police." Law and Order, November 1974, p. 28. Media. Inc.. 1963. " High-Risk Stops" (21 mlns.• 16mm color) Glendale. Cahf mine the cost for your program. Con· Alms Instructional Media, Inc .• 1980. sider what you want. Do you need high• " Law Enforcement/CIVIl Uabillty-The Negligent Use of Motor Vehicles" (13 mlns .• 16mm color) Glendale, Calif speed driving or just want a defensive Alms Instructional Media, Inc.• 1978. driver program with a few cone exer• " Police PursUit" (18 minS . 16mm color) N. Hollywood, cises and commentary driving? Have Calif.: Film Communicators. 1974. " PursUit DriVing-Defensive DriVing" (Part 4) (22 mlns .• someone estimate the cost items men• 16mm color. kit contains film and 13-page Instructor's tioned. Perhaps you can join with other gUide) Stock Order No. AC-70, Schiller Park. III.: Motorola Teleprograms, Inc.• 1973. jurisdictions to defray expenses. Is it worth it? Compare it against what you're paying for broken police cars and the potential for even greater liabil• ity. One bad accident and you could pay for years to come.

6 / FBI Law Enforcement Bulletin According to preliminary statistics Ten officers were murdered while Decrease in of the FBI's Uniform Crime Reporting responding to disturbance calls, 6 Program, the number of law enforce• while investigating suspicious persons Number of ment officers feloniously killed in the and circumstances, and 4 while enforc• United States during the first 6 months ing traffic laws. Five of the victim offi• of 1981 totaled 42, a decrease from cers were attempting to thwart Officers Slain the 50 line-of-duty deaths that oc• robberies or were In pursuit of robbery curred in the same 6-month period of suspects when slain, four were an• 1980. Of the officers slain, 28 were city swering burglary-in-progress calls or policemen, 11 were county officers, were pursuing burglary suspects, and and 3 were employed by State law eight were attempting arrests for other enforcement agencies. Thirty-five of crimes. Four victims were ambushed, the 42 slayings have been cleared by and another was slain while handling a law enforcement agencies. mentally deranged person. Firearms were, once again, the Geographically, 22 officer's lives dominant weapons used. Forty of the were taken in the Southern States, 42 officers, or 95 percent, were slain 11 in the Western States, 5 in the with these weapons-32 officers were North Central States, and 4 in the murdered with handguns, 7 with rifles, Northeastern States. and 1 with a shotgun. Of the remaining two officers slain, one was killed with a vehicle and the other with a knife.

Both the U.S. Army and U.S. Air Property Force have implemented an owner• applied numbering system for identifi• Identification cation marking of personal property. All personnel are encouraged to mark their belongings with their social security Operation number, preceded by the letters "USA" or "AF." Property marked in this man• ner can be immediately identified as belonging to a member of the Army or Air Force. Law enforcement agencies are asked to contact the military police or security office at the nearest Army or Correction Air Force installation when they recov• The author of "California's Auto• er property marked with the "USA" or mated Latent Print System," which ap• "AF" prefix. The identification and lo• peared in the August 1981, issue of the cation of the property owner will then Bulletin, was misidentified. The author be traced through the appropriate should have been Jack Scheidegger, worldwide locator system and the serv• Department of Justice Administrator II, ice member will be informed of the California Department of Justice, Sac• recovery of the property. ramento, Calif.

October 1981 I 7 Small Department Communications for Small DollarS

By expand the physical facilities, the de• At the same time, Indiana Bell JERRY W. LOWE partment applied for a Law Enforce• Telephone Company was requested to ment Assistance Administration (LEAA) install telephones in the consoles, Chief of Po/ice grant to improve the communications which would be mounted on pan.els and Po/ice Department system. At that time, LEAA money was interconnected with the radio so a com• Carmel, /nd. becoming difficult to obtain. Bids were munications headset could be used to requested from the two major national communicate on both systems intermit• radio companies and estimates were tently. Indiana Bell advised they could received for a new dispatch console. not supply equipment of this type. Real• Both estimates were for about $15,000 izing our unique requirements for com• for a single, desktop control console. patible telephone equipment in our In 1960, Carmel, Ind., was a small LEAA agreed to fund the console on a innovative communications center, it farm community of approximately 1,500 50-percent basis, and the city budgeted was decided to explore the consider• persons. Some 20 years later, Carmel is the other 50 percent. ations of building and owning our own now a suburb of Indianapolis-a bed• It was very apparent that the sin• telephone system. A survey of bids room community with a population of gle, desktop-type console would not from local companies once again re• over 18,000. It has progressed from a meet the department's needs in the sulted in a bid to install an entirely new town board government with a town future, but it was also a very fundamen• switching circuitry, telephones for every marshal to a small city with a mayor/city tal fact that $15,000 for the dispatch/ desk, and the desired interfacing with council and a metropolitan police de• communications center was the the new communications system, all for partment with 27 full-time officers, 8 maximum amount available to spend on a total of $8,000. By owning the tele• civilians, and 6 reserve officers. Prior to the project. Therefore, the chief of po• phones and switching equipment, we 1972, the police department occupied a lice decided to design a dispatch con• pay the Bell system only for line rate small room in the city building and had sole that could be built by local and long-distance tolls each month. no communications system of its own. manufacturing facilities at a lower cost. With the substantial savings, the entire The department then moved into a The design was completed and draw• telephone system will be paid for in 2 3,600-square foot building vacated by ings and specifications were open for years. With no future rental charges by the post office, and a base station was bids. The bids were broken down into the telephone company, an outright installed. However, by 1978, the depart• two parts-one on the metal work (the reduction of future telephone communi• ment had outgrown these quarters mechanical construction of the con• cations costs of about $4,000 per year which, in 1980, were expanded to 8,300 soles) and the other on the electronics square feet with a new dispatch/ com• (the control panels and interface cabi• munications center. nets). The bids included all necessary The rapid growth of the depart• hardware for two complete consoles. ment created a desperate need for an upgraded communications capability. When plans were initiated in 1978 to

8 I FBI Law Enforcement Bulletin was realized. The telephone system and a volume control. Although the now has 8 trunk lines, with the capabili• cost of the alarm panel was not part of ty of adding 20 more in the future. the bid, space for it was planned and The consoles were in full operation incorporated into the original design. by December 1980. When the project The second panel from the left is a was completed, some money was re• monitor/receiver panel used to monitor turned to LEAA. other agencies in our area. Already, a second console has be• The third panel from the left, in come a necessity, and there are times front of the dispatcher, is the tele• when one dispatcher cannot handle the phone panel. The right panel in front of volume of traffic. Within the foresee• the dispatcher is the radio control pan• able future, a second full-time dispatch• el. A dispatcher headset (star set) er will be hired. Furthermore, the plugs into this panel. The control for second console will facilitate dispatch• switching from one radio channel to er training. another and to intercom channels is on The consoles are designed in a this panel. The radio panel also in• horseshoe-shape configuration. The cludes a clock, three speakers, and base is all steel, with doors on the back volume controls for those radio and side for access to equipment and wir• intercom channels with which the dis• Chief Lowe ing. The desktop is formica-covered patcher has two-way communications. wood with a cut-in for the arch-swivel, The fifth panel is a back-lit map panel captain-type van seats. The seats are made of white opaque plastic with a mounted on electric swivel lifts to adjust mylar map of the city of Carmel on it. A for the different heights of the dispatch• space has been left at the far right side ers. These unique seats were custom• of the desktop for an inhouse comput• built by a citizen. er terminal. The bids have been re• The tops of the consoles are ceived and the computer will be made of aluminum frame, designed to ordered this year. At the present time, hold five 12 1f2-inch by 19-inch standard one console has a computer terminal electronic rack panels. The first panel in this space for the National Crime to the left of the operator is an alarm Information Center (NCIC) and the Indi• control panel. This panel consists of 48 ana Data and Communications System switches, a reset button, a speaker, (IDACS). o o

October 1981 / 9 The dispatcher on duty wears a Another feature of the dispatch The only control wiring used in the lightweight headset for all communica• room is a raised computer floor with system between the dispatch room tions, and in no-traffic conditions, moni• removable panels. By lifting necessary and the maintenance room is as fol• tors all inservice cars. When a tele• panels, new wiring can be run to the lows. Each receiver uses one pair of phone line button is depressed, the consoles or changes in wiring can easi• wires. Each transmitter uses one pair earpiece is switched to that phone line ly be accomplished. We also have of wires for audio to the transmitter, and the dispatcher can communicate on audio tape transports to record all ra• one wire for push-to-talk, and one wire the phone without the caller overhearing dio and phone traffic in and out of the for each frequency on the multifre• radio traffic. At the same time, the dispatch room . quency transmitter. Also, ground wires volume on the car frequency speaker are carried for the push-to-talk. is increased automatically so the dis• Figure 1 All audio lines are 600-balanced patcher can hear a car calling in while pairs. All audio amplification for the he or she is on the phone. By stepping transmitters and receivers is built on Year on the transmit switch, the microphone plug-in boards and located in the con• Equipment Acquired Cost part of the headset switches to the soles. All of the above features provide radio so short acknowledgements can Two consoles 1980 $15,000 be made on the radio without placing simplicity, dependability, and easy ac• the phone on hold. The dispatcher can cess when infrequent repairs are nec• Recorders installed 1976 $ 2,500 select four different transmitters or four essary. different intercom channels from the By careful evaluation of our needs Base station 1972 $ 2,600 console by depressing lighted press and designing a system to fulfill them in and lock switches. In the Carmel and by taking advantage of services area, we can transmit on main police Car radio- provided by local companies, we now channels, point-to-point, with the city Converted to base 1980 $ 1,200 have an effective communications sys• street department and citizens' band tem. channel "9." Seven additional The approximate cost of our entire The main radio channel is a re• receivers 1972 $ 800 communications system can be seen peater operation. If a long dispatch is in figure 1. being broadcast, a unit in the field can C.B. radio, converted Other police departments may not override the dispatcher with emergen• to channel " 9" $ 100 have personnel with the necessary cy traffic. We also monitor the National electronic background to design a sys• Weather Channel and rebroadcast any TOTAL $22,200 tem ~ or their department; however, severe weather announcements. there is certain to be citizens in their The direct-line alarm panel can An interface cabinet has been in• community with the technical expertise handle 48 alarms. The alarm panel stalled in the dispatch room to make all needed to accomplish comparable re• belongs to the police department and the connections from the consoles to sults and show substantial savings was installed by the electronics con• the maintenance room . The mainte• over the purchase price of commercial• tractor for the console. When a busi• nance room is located in the back of ly built consoles and associated com• ness connects onto the panel, there is the building and houses the radio munications equipment. FBI a one-time fee of $100 to the connec• transmitter, receivers, and telephone tor to cover the costs of the system. A switching circuitry. prerequisite for a business to connect All connections between the into the alarm panel is an audio capa• equipment were made by using 25 pair, bility permitting our dispatcher to moni• telephone-type cabling. Our transmitter tor any conversation or noise occurring and receiving equipment is provided by inside the business after the alarm is various manufacturers. activated. The added margin of safety All of our main police transmitting to our responding officer is obvious. and receiving equipment is powered The mechanics of this feature are sim• from a 12-volt battery on continuous ple and inexpensive. charge. This arrangement prevents any downtime due to power failures. We also have an emergency power generator that activiates in about 1 minute into a power failure.

10 / FBI Law Enforcement Bulletin Designing a Training Response to Stress

By JOHN C. LEDOUX and HENRY H. McCASLIN, JR. Special Agents Education and Communication Arts Unit FB/Academy Quantico, Va.

While police stress has received The most important asset of a po• considerable study in the last several lice organization is its human re• years, little attention has been given to sources-a department can be no designing a comprehensive training re• better than its people. The depart• sponse to stress.1 Initial studies of ment's effectiveness in terms of pro• stress focused primarily on identifying viding the community with adequate and analyzing those factors which service is dependent on maximum use cause police stress. Emphasis was of the individual and the total organiza• then placed on examination of stress tional team. Personnel of a police orga• awareness and coping techniques to nization must not be allowed to sit idle, be used by the individual. More recent• unnoticed, unproductive, and thus, of ly, consideration has been given to diminished value to the organization. alleviating stress through examining Research has identified unrelieved policies and practices that may be con• stress among police as having nega• sidered stress-producing. The time has tive effects on productivity, decision• come to broaden the strategy used to making, and work attendance, and address this problem. Since the ulti• leading to increased levels of absen• mate goal of police training is to maxi• teeism, employee turnover, and early mize the effectiveness with which or disability retirements. 2 The question police officers perform their jobs, it is how to prevent this from happening would appear essential that the train• within a police organization. ing program be an integrated and co• ordinated part of the planned response to the stress problem.

October 1981 / 11 Figure 1 4) Evaluate progress and results throughout the planning, training, .. and post­training stages. This step Training Strategy for Stress Reduction occurs simultaneously with the other steps. As a framework for understanding the identification of stressors, one must consider some of the stressors that have been identified. Figure 2 lists .. Step 1 six categories of police stressors, with .. Identify Department Stressors examples in each category. Some of the examples, while important in pro- .l~ ducing police stress, are not subject to successful modification by a depart- ment's training program. For example, stressors, such as lack of recognition Step 4 and compensation (category I), lack of Evaluation interagency cooperation (category II), unfavorable court decisions and inef- fectiveness of the corrections subsys- tem (category III), adverse local ~Ir ~r ~r government decisions (category IV), and adverse work scheduling (category Step 3 Step 2 V), will not be significantly affected by ...oIIIl Design Stress .... Identify Stressors any single training program . Reduction Courses Reducible by Training The next step in the model is to determine which stressors are likely to be affected by training. To identify . stressors, a variety of procedures, Training Response Strategy such as questionnaires, brainstorming, When training is considered as a means of solving a perceived problem such as stress, administrators some- Figure 2 times commit the common error of as- suming the entire problem can be Examples of the Six Categories of Police Stressors solved solely by training. While the training program is an integral part of a I. Departmental IV. Public department's response to police Poor Supervision Distorted Press Accounts stress, one must remember that not all Lack of Career Development Unfavorable Citizen Attitudes the factors (stressors) that cause po- Excessive Paperwork Adverse Local Government lice stress can be dealt with by the Poor Equipment Decisions department's training program. It is, Lack of Recognition and therefore, necessary to insure that the Compensation V. Nature of Police Work training program for reducing stress be Role Conflict based on a realistic analysis of those II. Interagency Existence of Physical Danger stressors which can logically be affect- Lack of Cooperation Among Law Adverse Work Scheduling ed by training. Enforcement Agencies Figure 1 is a model for designing a VI. Personal training response to stress. The model III. Criminal Justice System Incompetence consists of four steps: Unfavorable Court Decisions Lack of Courage 1) Identify significant stressors in a Ineffectiveness of Corrections Ethnic Minority/Female Officer department; Subsystem 2) Determine which stressors are likely to be influenced by training; 3) Design and present courses to Adapted from Terry Eisenberg, "Job Stress and the Police Officer: Identifying address the identified stressors; and Stress Reduction Techniques," in Job Stress and the Po/ice Officer. eds. William H. Kroes and Joseph J. Hurrell, Jr. (HEW Publication No. (NIOSH) 76-187), (Washington, D.C.: U.S. Government Printing Office), 1975, pp. 26-34.

12 I FBI Law Enforcement Bulletin use of consultants, or interviews, are 'nservlce Training available.3 Once the stressors have Since use of police stress-related been identified, the training manager courses as a part of recruit training is a must determine, using personal knowl• fairly recent development, trainers may edge, experience, or outside consult• wish to consider inservice training first. ants, which of the stressors are likely A specific benefit to the students and to be affected by a training program. the organization should be the goal. The third step-designing and pre• Two categories of benefits to be de• senting courses-may be the most la• rived from training which may impact borious step in the model. In this step, on police stress have been suggested. the training manager must build a cur• (See fig. 3.) riculum containing properly sequenced courses designed to meet specific in• structional objectives. Lesson plans, instructional materials, and visuals must be prepared. Instructors, re• source materials, and resource per• sons must be selected. The fourth step-evaluation-is Special Agent LeDoux critical to the model.4 Evaluation oc• curs as an inherent part of each of the other steps. Without evaluation the training manager may fail to identify fully departmental stressors or fail to identify successfully those stressors likely to be reduced through training. Only through evaluation may the train• ing manager ensure that the courses Courses such as stress aware• ness, coping techniques, or spouse in• given actually affect the levels of stress. doctrination classes which focus on the topic of stress have been defined by the authors as direct benefit classes. The goals of the classes are Figure 3 directly related to the topic of stress. The anticipated benefit for the organi• Benefit of Stress Reduction Courses zation is the reduction of the inability to cope with police stress. Direct Benefit There are, however, other classes Stress Awareness which impact on the levels of stress in Personal Coping Techniques a department but which never directly Special Agent McCaslin Spouse/Family Indoctrination address the stress issue. The authors Managerial Response to Stress have defined such courses as indirect benefit classes. ConSider, for example, Indirect Benefit poor. supervision, the stressor listed in Supervision category 1 of figure 2. Classes in first• Departmental Policies and Procedures line supervision cover topics such as Legal human relations, motivation, communi• Media Relations cations, evaluations, and discipline. Human Relations The benefits derived for the organiza• Community Relations tion include not only better supervisors Police Organization and Function but reduction in employee stress Firearms through better supervision. Defensive Tactics Other' inservice classes may be Physical Training used to reduce the impact of potential stressors. Media relations classes may indirectly reduce stress by training offi• cers to deal effectively with the press, thus eliminating the stress from distor-

October 1981 / 13 tions in press accounts. Similarly, unfa• officer who is overly self-sufficient, vorable public attitudes may be macho, "badge heavy," introverted, reduced by offering courses in human "Training should insure unlikely to show emotion, and one who relations and community relations. Or• that only candidates separates society into police (us) and ganizing inservice training so that offi• who can successfully citizens (them). Authors describing the cers progress through a logical police personality have used terms deal with police stress 9 sequence of courses designed to en• such as paranoid and cynical. hance their abilities, thus preparing become police The John Wayne Syndrome can them for advancement, should dimin• offIcers· ...." be a response to stress-it does not ish employees' concerns about career necessarily reduce stress. An officer development. exhibiting the syndrome is affected by stressors that result from the officer's One method of evaluation is role• attempts to build a defensive wall be• playing. This technique is a valuable tween himself/herself and the cruel tool in evaluating the trainee's reaction shock of "life on the street." The wall to situations faced in actual police decreases and possibly even destroys work. Carefully designed scenarios, the ability of the officer to communi• such as arrest scenes, domestic dis• cate successfully with others. This re• putes, and traffic accidents, reveal the duced ability to communicate, as well manner in which individuals tend to as other personality traits associated react to a stressful situation. Despite with the syndrome, makes it difficult for excellent evaluation techniques, some the officer to share fears, doubts, or persons who should not be officers will emotions. graduate from the academy. To allevi• Any course that helps retard the ate this problem, additional evaluation John Wayne Syndrome may reduce an is required. officer's stress level. An example of The additional evaluation involves such a course would be human rela• a probationary period to determine the tions. This course would aid officers in Recruit Training ability of the student to work on the both communicating and dealing with The logical time to address the street. The trainee is teamed with a persons as individuals and dealing with problem of reduction of long term job specially selected and trained veteran and expressing their own personal stress among police personnel is dur• officer, who provides additional training emotions. ing recruit training. The recruit repre• to "polish or hone" the trainee to the Aside from course selection, one sents the new generation of police. level of a fully qualified officer.1 An must consider the selection of recruit Training should insure that only candi• important aspect of this program is academy instructors. An experienced dates who can successfully deal with evaluation of the trainee's reaction to officer usually acts as the instructor, police stress become police officers stressful incidents. and because of the instructor's posi• and that unnecessary stress is not initi• tion, the recruit assumes the person is ated and perpetuated. Recruit training The John Wayne Syndrome a successful police officer. Since the consists of two phases. Phase I is the Training should not initiate and recruit wants to be successful, he logi• training received while the candidate is perpetuate unnecessary stress. Re• cally patterns his own personal behav• in the training academy; phase II is the cruit training sometimes serves to influ• probationary period when the trainee is ence a behavioral manifestation of placed on the street. The real test is police stress-the growth of the John whether the officer can perform the Wayne Syndrome.8 The syndrome ap• tasks of the job. pears as the young officer attempts to William Kroes has noted that the deal with the stress of police work and first concern is to screen out persons gain the respect of his/her coworkers who will not be able to deal success• while learning how to best perform his fully with police job stress.s Even the duties. After 1 V2 to 6 years, the syn• best preemployment screening tech• drome begins to emerge. In its most niques allow some inappropriate candi• ex1reme form, it is characterized by an dates to enter the training program. Recruit training, therefore, becomes a part of the screening process.6 Train• ers must evaluate, among other traits, the student's ability to deal with the stress associated with police work.

14 / FBI Law Enforcement Bulletin ior after the instructor. After all, hasn't The possibility is raised, · however, Footnotes the department provided the instructor ' Hans Selye, Stress Without Distress, (New York: The that using instructors who are en• New American Library, Inc., 1975). to the recruit as an example of how a meshed in the behavior patterns asso• • Jeffrey A. Schwartz and Cynthia B. Schwartz, " The Personal Problems of the Pohce Officer: A Plea for successful officer acts and thinks? One ciated with the John Wayne Syndrome Action," Job Stress and the PolICe Officer, eds. Wilham H. must, therefore, question whether in• may increase the likelihood of the stu• Kroes and Joseph J. Hurrell, Jr. (HEW publication No. (NIOSH) 76-187), (Washmgton, D.C.: U.S. Government structor behavior during police training dents adopting the same behavior pat• Pnntlng Office, 1975), pp. 131 - 133. is presently perpetuating the John terns. This effect could be suggested ' Richard B. Johnson, " Delerminlng Training Needs," Training andDevelopmant Handbook, eds. Robert l. Craig Wayne Syndrome, thus increasing lev• from Bandura's theory. Administrators and Lester R. Bittel (New York: McGraw·HiII Book Co., els of police stress. 1967), pp. 17- 27. should, therefore, observe the behav• ' Wllham R. Tracey, Designing Training and Arthur Bandura and his associates ior of all instructors to determine Develcpmant Systems (New York: American Management Association, Inc., 1971), pp. 333-357. suggest a learning theory which seems whether the training staff is perpetuat• ' Howard D. Teten and John W. Mmderman, "Police pertinent to understanding the possible ing the John Wayne Syndrome. Personal Problems- Practical ConSiderations for Administrators," FBI Law Enforcement Bul/elin, January significance of instructor behavior in Still another theory suggests the 1977, p. 11. facilitating the growth of the John relevance of instructor behavior in de• ' Michael D. Roberts, " Job Stress In Law Enforcement: A Treatment and Prevention Program." Job Wayne Syndrome. The Social Learning termining the behavior patterns of po• Stress and the Police Officer, eds. Wilham H. Kroes and Theory deals with learning that occurs Joseph J. Hurrell, Jr. (HEW Publication No. (NIOSH) lice. This theory is that of the self• 76-187), (Washington, D.C.: U.S. Government Pnntlng based on observation. When an indi• fulfilling prophecy. 13 The theory implies Office, 1975), p. 230. ' San Jose, Calif., Police Department, Field Training vidual observes a person (the model) that persons who are expected to be• and Evaluation Program, Field Training Officer Manual, acting in a certain manner, it may af• have in a certain manner and are treat• April 1977. • Martin Reiser, Practical Psychology for Police fect the likelihood of the person acting ed as if they will behave in this manner OfflCefs (Springfield, III.: Charles C. Thomas, 1973), p. 8. in a similar manner. 10 will eventually do so. If instructors indi• "George l. Kirkham, "From Professor to Patrolman: A Fresh Perspective on the Police," Journal of Police Few administrators, however, con• cate to students that they should ex• Science and Administration, March 1974, p. 136; Arthur NeiderhoHer, Behind the Shield: The Police in Urban sider the fact that all learning occurring pect family problems, and quite likely Society (New York: Anchor Books, 1967), pp. 237-247. in classrooms is not limited to the spe• divorce, the students are precondi• ,o A. Bandura and R. H. Walters, Social Learning and Personality Devefopment (New York: Holdt, Rinehart, and cific subject being taught. Incidental tioned to anticipate and possibly devel• Winston, 1963). learning also occurs. Students are not op such problems. " Tom CurtiS, " Support Your Local Police (or else)," Texas Monthly, September 1977, p. 89. merely learning about arrest tech• Whichever theoretical justification " Bruce l. Danto, " Police SUICide," Police Stress. No. niques in a class dealing with that top• is employed, the practical implication 1, 1978, p. 32; Peter E. Maynard and Nancy W. Maynard, " Preventing Pohce Family Stress Through Couples ic. They may also learn how the seems inescapable. The use of instruc• Communication Training," Police Chief. 47 (1980), p. 30. " R. Rosenthal and l. Jacobson, Pygmalion in the instructor views society, the unwritten tors exhibiting the John Wayne Syn• Classroom: Teacher Expectation and Pupils' fntel/eetual policies concerning arrest, the "cor• drome is not productive. Such Development (New York: Harper and Row, 1968). rect" attitude for a recruit, the general instructors may add to the administra• supervisory attitude toward the welfare tive problems of a department by fos• of the officers, and a variety of other tering and perpetuating the growth of matters. The new officer uses these as the syndrome in new officers. a guide to how he should talk, act, and Police stress may result in police think. officers who are less capable of ade• Research suggests that almost all quately performing their duties. To officers experience the John Wayne minimize stress, police officials not Syndrome. 11 Inability to cope success• only must examine management prac• fully with stress in conjunction with the tices and policies but also design a John Wayne Syndrome is a major training response to stress. FBI cause of the high incidence of divorce, family problems, and alcoholism found in the police community. 12 The implica• tion of students being instructed by officers who present the "normal" life• style of the successful police officer as being one of heavy drinking, family problems, inability to communicate emotions, and divorce has not been examined.

October 1981 I 15 SIGHTING SHADOW BOX

By ROBERT W. HARMON ,-"'''.II "".. Special Agent T Firearms Training Unit ~ FB/Academy Quantico, Va. 1

*

pone 16 / FBI Law Enforcement Bullelln __ t----l>\"----+! 5116' 5/ "" A recurring problem encountered image in focus. (See fig. 3.) The in teaching revolver shooting is the shadow box image will be blurred. (See lack of student understanding of proper fig. 4.) sight alinement and sight pictures. 3) Sy adjusting the focus of the The sighting shadow box, when overhead projector, the shadow box used with transparencies and an over• image can be brought into focus. A head projector, is a valuable tool for sharp image of the "front sight," teaching proper sight use. It enables slightly blurred "rear sight," and the student to grasp quickly the rela• blurred target image can be obtained. tionship required between rear and (See fig. 5.) This condition depicts the front sights and the target. proper sight picture. The shadow box is used as fol• The shadow box is constructed in lows: such a way that a sharp image of either 1) A transparency of a target, the " front" or " rear" sight may be '''' either silhouette or bull's-eye, is placed obtained, enabling the instructor to on the overhead projector and properly demonstrate incorrect perceptions of focused on the screen. (See figs. 1 & sight picture, occasioned by failure to 2.) focus on the front sight. 2) The shadow box is positioned This demonstration allows the stu• on the transparency with the target dent to see that the shooter's eye must be focused on the front sight while firing a revolver. Sy moving the "front

1"" ! sight" vertically and/or the "rear sight" :r ] horizontally, both proper and improper ~ ....';" oi -i . sight alinement can be demonstrated. B (See fig . 6.) The expected point of o --t .. bullet impact on the target image can J be shown by using small discs or a '" il pOinter on the transparency. (See figs. ~ 7-13.) The shadow box can be construct• ed by any department with access to a small machine shop. The two large spacers should be constructed of either wood or plastic. The 3- by 3-inch brass pieces "S" and "E" are of 19• gage brass, while all others are 21-gage brass pieces. The four holes in the large spacer are counterdrilled from the bottom to accept the nuts required for the 3/32-inch brass bolts. Figure 14 shows an exploded view of the shadow box to aid in its assembly. FBI

square w ith venly spac"d . d panel. Other Figure 14 I are shown on Figure 1-Transparency is placed on the overhead projector. October 1981 I 17 Figure 2-Target image in focus on Figure 3-Shadow box placed on Figure 4-Target image is in focus Figure 5-The overhead projector the screen. the transparency. with the shadow box "sights" out of has been adjusted so that the focus. "sights" are in the proper focus.

Figure 6-Misalinement of the Figure 7-Point of the bullet strike Figure 8-Bullet strike when the Figure 9-Bullet strike when the "slf}hts" ShoWIng the front Sight cen• on the target when "sights" are front sight is slined left and right but front sight is slined left and right but tered but high. properly alined and in proper focus. low. high.

Figure 10-Bullet strike when the Figure "-Bullet stnke when the Figure 12-Bullet strike will be high Figure 13-Bullet strike will be high front sight IS alined level with the front sight is alined level with the and left when the front sight is misa• and right when the front sight is rear sight but off center to the lett. rear sight but off center to the right. lined high and left with respect to misalined high and right with re• the rear sight. spect to the rear Sight.

18 / FBI Law Enforcement Bulletin New York State Gears Up to Fight Arson

By FRANCIS A. McGARRY State Fire Administrator New York State Office of Fire Prevention and Control Albany, N. Y.

ARSON! It kills, it cripples, it destroys. It can rival earthquakes or floods in death and destruction, and in many commu• nities, it has reached epidemic propor• tions. Nationally, the direct loss due to arson is estimated at over $1 .3 billion annually. The losses in employment, income, and taxes may multiply these losses several fold. Apart from the direct loss of life, injury, and the destruction of property, the crime of arson has a sizeable fallout of indirect costs. When assessed in "real world" dollars in terms of lost jobs and in• come, erosion of the tax base, medical costs for the injured, increased ex• penses paid to firefighters, and in• creases in insurance premiums paid by the policyholders, the true cost to soci• ety is 2.5 to 4 times higher than the direct loss report. Add to this the loss of an estimated 1,000 lives to arson each year, according to the National Fire Protection Association. 1

Wl1h the use of hydrocarbon detector, testing for accelerants can be an effective tool in determining the cause and on"gin of incendiary or suspicious fires.

October 1981 I 19 In 1978, New York State began a Awareness concentrated effort to combat the "The responsibility for The awareness program is pro• " arson epidemic." It was recommend• vided for all probationary firefighters ed that a strong, coordinated State stopping arson lies not and police officers through the State arson control program be developed. A with one, but with a fire training and the State municipal Governor's Arson Task Force was ap• multiplicity of agencies police training programs, respectively. During the 12-hour program, firemen pointed to study the problem and rec• in both the public and ommend solutions. are made aware of the need for deter• The task force convened to dis• private sectors." mining the cause of all fires. It is also cuss both arson and arson-for-profit in stressed that their activities in sup• New York State. Over 100 key individ• pressing and overhauling a fire can uals from the fire service, law enforce• for concentrating law enforcement re• have an impact on accurately deter• ment, prosecution, insurance and sources on specific crime targets. A bill mining the cause of the fire. banking industries, and State and local was later signed into law charging the The program is taught regionally officials attended. The major issues re• Office of Fire Prevention and Control by State fire instructors; 130 instructors lating to the State's arson problem (OFPC) with the responsibility of ad• were certified at conferences in August were identified and discussed. Follow• ministering the statewide arson control and September 1980, and in January ing the conference, the task force sub• program. The concept of this legisla• 1981. Begun in October 1980, this mitted a final report recommending a tion places the responsibility for arson course is presently the most heavily State arson control program. Subse• control at the local level and identifies attended course in the fire training cur• quently, legislation for a $2 million pro• the State's role as one of assistance in riculum. To date, over 3,000 firefighters gram to combat arson was initiated by the support, guidance, and develop• have been trained. the Governor of New York. ment of local efforts. In conjunction with this, the Bu• It is difficult to determine the rea• Lack of information on arson reau of Municipal Police has developed sons for arson. The arsonist's motives occurrences, characteristics, and moti• a 4-hour course as part of its basic may range from revenge to arson-for• vations are significant obstacles to an program to make police officers aware profit. The roots of the crime lie not effective response to arson. Without that their skills in crime scene observa• only in criminal involvement but also in such information, the true extent of the tion, interviewing witnesses, and evi• human behavior, social trends, and ur• problem is not identifiable, thus delay• dence handling can be used ban decay. There is no question, how• ing necessary priorities and impeding productively in working side-by-side ever, that no matter what the cause or the allocation of resources. with firefighters. The OFPC's course the devastating aftereffects, arson Because of a variety of factors, for firefighters is also open to police must be stopped! including poorly trained investigators officers. Traditionally, there is a division of and a lack of thorough cause and ori• Training responsibility and authority between gin investigations, many fires are clas• The probability that an arsonist will fire protection and law enforcement sified as unknown or "undetermined," set a fire decreases in proportion to the agencies. Arson, a fire-related crime, seriously hindering arson control perceived criminal risk. Providing an lies within the province of both entities. efforts. New York State's arson control adequate number of well-trained fire The result has been that arson control program is attacking this weakness by and police personnel increases both too often "falls through the cracks," improving training, raising public the arrest conviction rates for arson receiving the full attention of neither. awareness, developing a fire and arson and the perceived criminal risk. To in• The responsibility for stopping arson data system, improving arson evidence crease the skills of firefighters, police lies not with one, but with a multiplicity analysis, and providing planning, tech• officers, and prosecutors, a compre• of agencies in both the public and nical, and financial assistance for local hensive training program has been de• private sectors. Arson is a crime that arson control efforts. veloped. This program, coordinated by crosses municipal boundaries and con• the OFPC, is delivered jointly by those trolling it requires broad-based coun• State agencies responsible for provid• termeasures. ing training to local personnel. These New York State's Division of agencies include the OFPC's Division Criminal Justice Services recognized of Fire Services Education and Train• this and in its 1979 comprehensive ing, the Division of Criminal Justice crime control plan, identified arson as Services' Bureau for Municipal Police, one of its priority multiyear objectives and the Bureau of Prosecutorial and Defense Services (BPDS). The training program identified three levels of skill requirement, as shown in figure 1: 1) Awareness level- For all fire•

20 / FBI Law Enforcement Bulletin termination" (C.O.D.) has been devel- "Arson is a crime that oped. This law states: " The fire chief of any fire department crosses municipal or company shall, in addition to other boundaries and duties assigned to him by law or controlling it requires contract, to the extent reasonably broad-based possible, determine or cause to be determined, the cause of each fire or countermeasures.', explosion which the fire department or company has been called to sup- press. He shall contact, or cause to fighters and police to increase be contacted, the appropriate inves- observation skills on the fire tigatory authority if he has reason to scene; believe the fire or explosion is of 2) Cause and Origin Determina- incendiary or suspicious origin." tion­Primarily for fire personnel The cause and origin course is to increase cause determination taught regionally by three full­time se- skills; nior training instructors. Since its intro- Mr. McGarry 3) Investigation­For fire and police duction in November 1980, 700 personnel whose duties include firefighters across the State have re- the full investigation of incendiary ceived the training. In addition, a 3­day fires to increase fire investigative detection training course is under de- skills of both groups. velopment by the Bureau of Municipal Concurrently, training for prosecu- Police, designed as an inservice pro- tors to improve case preparation skills gram for all police officers in the State. is being conducted regionally. Pros- Investigation ecutors are also being invited to partici- pate fully in the investigation training. The 80­hour investigation course provides training to police and fire per- sonnel who conduct arson investiga- Cause and Origin tions. Based on the U.S. Fire Academy To meet the mandate of Section investigation course, the program pro- 204­d of the New York State General vides instruction in fire investigation, MuniCipal Law regarding the duties of case preparation, and hands­on inves- the fire chief, a 24­hour detection tigative training. Since its beginning in course entitled "Cause and Origin De- January 1980, three courses have

Figure 1

New York State Comprehensive Arson Training Plan

SKILL LEVEL

Target I II III Continuing Education Population Awareness Detection Investigation Inservice Refresher Program

1~our course by 24­hour course by ao­hour course Fire OFPC part­time OFPC full· time program program Traininll program for desognatea arson TO BE investigators A 4­hou r course I A 24­hour detection included in the BMPS, trainong course for Based on US Fire Police basic 8-week course ~Iice-Inservice is ACad~ course is in progress. ing conducted at NYS cademy I by the BMP. of Fire Science I ------DEVELOPED I and II Case preparation ski lis ­ based on seminar DA's and Assistant Prosecution program of the National College of DA·s invited to District Attorneys participate 2.5­day regional seminars

October 1981 / 21 Arson can rival earthquakes or floods in death and destruction. In many communities it has reached epidemic proportions.

an informed public, such programs can reduce the incidence of arson by meet- ing three objectives: 1) Awareness must be created by informing the public of the seri- ousness of arson and the toll it takes in their community; 2) Through fostering involvement, the assistance of the public must be attained to aid in combating arson; and 3) Potential arsonists must be warned that antiarson efforts are underway and the possibility of being apprehended and convict- ed is increasing. Efforts on the part of the State are coordinated and implemented cooper- atively with local governments and the private sector, particularly the insur- been completed, with one course per personnel to establish and conduct ju- ance industry. The State is concentrat- month being scheduled. Fire and po- venile firesetter counseling programs ing on projects that are statewide in lice personnel participate in each in their communities. In the future, the scope and those that are unable to be course and district attorneys and as- juvenile firesetters program will be in- undertaken at the local level due to sistant district attorneys are also invit- stitutionalized and seminars will be fiscal limitations. ed. held annually throughout the State. In addition, the State, through the Prosecution training is provided by Public Awareness and Education OFPC's Public Education Unit and the BPDS' prosecutor training system. The Public awareness and education Division of Criminal Justice Services' arson prosecution seminar program of programs are effective tools in the fight Crime Prevention Agency, will provide the National College of District Attor- against arson. Using the resources of technical assistance to local govern- neys is the basis for this training. In addition, police and fire investigators are invited to participate in the pro- gram. Cross­training at all levels is a vital element of the overall training plan. Juvenile firesetting is the cause of a significant percentage of fires in many communities. Because of con- cern with this issue, dealing with juve- nile firesetters is an objective identified in the Guidelines for Arson Control Plans, Section III. C.6(b). As part of the State's arson control effort, the Office of Fire Prevention and Control present- ed a series of workshops in September 1980. Entitled "Interviewing and Coun- seling Juvenile Firesetters," these workshops trained local government

Learning what to look for at the fire scene IS an important part of the investigative training pro• gram. A firefighter removes a floor sample for analysis.

22 I FBI law Enforcement Bulletin ments in the development of programs Planning and Technical Assistance and serve as a clearinghouse for public :'There is no Single, In recognizing the need for in• arson awareness and education infor• Simple solution, nor is creased arson prevention and control mation. efforts at the local level, the New York A bid was recently awarded to a there one that will State Legislature enacted a new sec• research firm to determine what type of totally eliminate the tion of the general municipal law which ., media campaign would be most effec• arson problem." requires each county and the City of tive in making the public aware of the New York to prepare a plan to prevent arson problem in New York State. A and control arson within its jurisdiction. pamphlet entitled "Arrest Arson" has The completed plan must be submitted . In an effort to secure better report• already been developed and distribut• to the OFPC for approval. No plan will ed to the public. In working with the Ing of corporate parties of interest, the OFPC is aiding the New York City Fire be approved unless it provides for co• Department of Commerce, three public ordination of fire, law enforcement, and Marshal's Office in securing corporate service announcements have been de• prosecutorial services. data from State corporation records. veloped and sent to all radio stations To assist counties in this task Thi~ system, when perfected, will be across the State. Finally, also available the State legislature appropriated is a fire "800" telephone number available to other investigative agen• in~ cies in the arson field. $595,000 for grants for the preparation manned 24 hours a day, on which of these plans. To date, 58 of 60 coun• formation on suspected incendiary Laboratory Services ties have been awarded grants, and 24 fires can be forwarded to the appropri• have submitted tentative plans. There are 15 laboratories in New ate enforcement agency. In addition, eight regional work• York State that provide forensic serv• A bid proposal for developing a shops were held with the assistance ices to local fire and law enforcement model curriculum to be used in schools of the U.S. Fire Administration to pre• agencies. Ten of these have assumed is to be developed in compliance with sent the arson task force concept-a the New York State education law. a primary role in handling fire• generated evidence produced in the management system for arson preven• This law requires 45 minutes of fire and tion and control that has been estab• geographic area immediately adjacent arson prevention education for all stu• lished as the organizational model for to the laboratory. dents each month. all county plans . .Due to the limited availability of There is no single, simple solution, equipment, productivity in handling fire• Arson Data System nor is there one that will totally elimi• generated evidence is relatively low. The base of the arson data system nate the arson problem. Yet, with the Certain areas were found to have a was determined to be the State fire cooperation of concerned individuals large backlog of these submissions. In reporting system. This system, howev• and groups at the local, county, and addition, significant time was lost due er, was inadequate and the data had to State levels, a positive step can be to changeover and required instrument be improved. Only 950 of the 1,870 fire made toward controlling arson. calibration procedures necessary to depart.ments were reporting data, rep• New York's statewide arson con• handle fire-generated evidence. In resenting less than 30 percent of the trol program, administered by the view of this, OFPC developed an arson St.ate population. Efforts to improve OFPC, is moving New York State closer laboratory improvement program. The thiS system have begun, including faster each day to more effective arson pre• plan calls for the acquisition of labora• processing time, earlier data collection vention and control. FBI tory equipment that would be placed in methods, and prompt issuance of re• selected State and local facilities. ports. These efforts produced im• Specifications have been prepared and mediate results. Fire department Footnote 10 gas chromotography analyzers participation has increased signifi• Target: Arson. A series of recommendations adopted have been ordered. Provisions for by the Insurance AII·lndustry Committee for Arson Control cantly. Presently, over 1,000 depart• September 1978. ' eliminating existing backlogs and for ments are submitting more accurate implementing technician training are and meaningful data. Data for 1980 also included in the plan in order to were delivered to each fire department standardize testing and evidence han• during the first quarter of 1981 . dling procedures. In addition, the system for arson pa~er~ development and recognition is being Installed and tested with actual case data. It is anticipated that the pattern recognition system, once tes~ed , will be available for use by vanous local investigative agencies throughout the State.

October 1981 I 23 CONSPIRAC'l______Has Shirley Garcia committed the crime of conspiracy to commit murder? AND THE DEFENSE OF The answer to the question requires an appreciation of the unique position tra• FEIGNED ACQUIESCENCE ditionally afforded conspiracy in the substantive criminal law, as well as an understanding of the modern statutory approach to conspiracy that a majority By JEROME O. CAMPANE On September 30, 1977, Shirley of States have incorporated into their Special Agent Garcia discussed her marital prob• criminal codes. Legal Counsel Division lems with a friend, Allen Young. She told him that her husband constantly Conspiracies are, by their nature, Federal Bureau of Investigation beat her and her children and that clothed in secrecy. They are difficult to Washington, D.C. she could not take it any longer• detect and generally require a great that she wanted her husband killed. deal of time and effort for their discov• ery. The detection and dissolution of a Law enforcement officers ofother than Young tried to discourage her and conspiracy will often depend on the Federal jurisdiction who are interested dismissed her comments as uninten• successful infiltration of government in any legal issue discussed in this tional. A few days later, Garcia again agents who feign acquiescence in the article should consult their legal advis• contacted Young and pressed him to unlawful plan. Law enforcement offi• er. Some police procedures ruled per• find someone to kill her husband. cers should, therefore, consider the missible under Federal constitutional Convinced she was serious, Young benefits, as well as the burdens, that law are of questionable legality under notified the Whiting, Ind., Police De• accompany the use of undercover po• State law or are not permitted at all partment. Detectives recorded addi• tional telephone conversations be• lice officers and confidential informants tween Young and Garcia, at which in conspiracy investigations. point they too recognized the seri• THE TRADITIONAL VIEW ousness of her intentions. Young subsequently introduced a plain• At common law, conspiracy is de• clothed detective to Garcia as a man fined as a combination between two or willing to do the job. She thereupon more persons to accomplish a criminal produced $200, a picture of her hus• or unlawful act.2 The gist of the offense band, and a record of his daily hab• is the combination, the " partnership in its. She gave them to the detective criminal purposes, "3 between multiple and agreed to pay the balance of the parties. The U.S. Supreme Court has contract price when the "job" was made it clear that " it is impossible in completed.' the nature of things for a man to con• spire with himself."4 What makes conspiracy unique, however, is the application of this con• cept of plurality to the basic premise of law that a crime consists of a combina• tion of intent and act. As a specific intent statute,S conspiracy requires proof of each party's individual intent to engage in unlawful activity with an• other person. The act required consists of no more than the joining of this intent with the similar intent of that other person. In other words, conspir•

24 I FBI Law Enforcement Bulletin acy is a combination of the criminal However, in situations where intentions of two or more individuals. there has been no determination of the The idea that criminal conspiracy guilt or innocence of the alleged co• must consist of a meeting of two conspirators, there is nothing incongru• minds, an agreement between at least ous or inconsistent about convicting a two persons, is known as the tradition• sole defendant, if there is sufficient al or "bilateral"6 formulation. It is the evidence of an unlawful agreement by prevailing view of the many Federal at least two parties. Thus, convictions conspiracy statutes and was the tradi• have been sustained where one of only tional approach in most State criminal two conspirators has been granted im• codes up to the mid-1960's. The U.S. munity,10 is dead,11 untried,12 unappre• Supreme Court summarized this view hended,13 known but unindicted,14 or is in a 1933 conspiracy case: "[C]onspir• someone who received a nolle prose• acy imports a corrupt agreement be• qui. 15 tween not less than two with guilty It is also well-accepted that the knowledge on the part of each."7 As a bilateral view does not preclude pros• more recent court noted, it takes "two ecution where one of only two parties to tango"8 to the bilateral tune of crimi• to a conspiracy is unknown. As the nal conspiracy. Supreme Court stated: Special Agent Campane "[Alt least two persons are required Parties Unknown to constitute a conspiracy, but the An appreciation of the bilateral for• identity of the other members of the mulation can be shown when a defen• conspiracy is not needed, inasmuch dant's sole co-conspirator is one or as one person can be convicted of more individuals whose identity is un• conspiracy with persons whose known. So long as the evidence at trial names are unknown." 16 shows that a conspirator and at least As a result, prosecutors will fre• one other are guilty of agreement to quently add "person or persons un• engage in some unlawful activity, it is .known" as co-conspirators in an not necessary that more than one per• .indictment to cover the possibility that son be convicted. Nor is it necessary only one of many named conspirators to show the identity of the other co• ultimately is convictedY In such a conspirators, for the bilateral view of case, however, the prosecution still conspiracy does not preclude prosecu• has the · obligation to prove the exist• tion of only one conspirator. Conviction ence of other unknown conspirators is prohibited only where proof of agree• and the sole defendant's agreement ment with someone is lacking. For ex• with them. ample, most courts hold that where all In United States v. Artuso,18 two but one conspirator were acquitted individuals, Wadra and Artuso, were after a joint trial for want of an agree• convicted in Federal court of two ment, a conviction of the remaining counts of conspiracy to violate the conspirator cannot stand.9 Federal narcotics laws and one sub• stantive count of distributing cocaine. The trial judge set aside the jury's ver• dict as to Wadra because the Govern• ment failed to prove his predisposition after he raised the defense of entrap-

October 1981 I 25 ". . . under the traditional bilateral view of conspiracy, the existence of a defendant's sole co-conspirator is of utmost importance, although the identity of the unknown co-conspirator need not be proved." ment. Artuso appealed and argued he This principle is exemplified by the help uncover and prosecute single was entitled to acquittal on the two decision in Sears v. United States.23 conspirators. Because of the increas• conspiracy counts because there was One Davis, a former bootlegger, ing acceptance of the modern statu• no one with whom he was proven to worked with Federal Government in• tory scheme,26 its import is significant. have conspired, Wadra's conviction vestigators as a confidential informant THE MODERN VIEW having been set aside. The court noted and ran an illegal still. Sears was a The frequent use of the conspir• that there was considerable evidence Georgia county sh~riff who conspired acy prosecution, especially by Federal that Artuso conspired with "others un• to protect Davis' operation. The court prosecutors in the war against orga• known. " 19 This evidence included ref• held that the jury could not convict nized crime, has resulted in frequent erences by Artuso to his " money Sears of conspiracy to accept a bribe and severe criticism. The underlying people" and "his man" and a state• merely upon a finding that he had ac• source of the dissatisfaction is a wide• ment by Artuso that he personally had cepted money from Davis and fur• spread and deep-seated aversion to seen the cocaine divided into bags. nished protection to his bootlegging the punishment of mere illegal intent. 27 Based on this evidence, the court be• enterprise: In the late 1950's, drafters of the lieved that even had Wadra been cor• "This would establish only that rectly acquitted, Artuso's conviction Sears had combined with Davis, and American Law Institute's Model Penal Code undertook the task of writing a would still stand even though he was as it takes two to conspire, there can model conspiracy statute to accommo• the only remaining named defendanpo be no indictable conspiracy with a date various viewpoints and achieve Thus, under the traditional bilateral government informer who secretly view of conspiracy, the existence of a intends to frustate the conspir• an appropriate balance between the desire to afford adequate opportunity defendant's sole co-conspirator is of acy." 24 for early law enforcement intervention utmost importance, although the identi• Returning to the case described at in conspiratorial activity and the obliga• ty of the unknown co-conspirator need the beginning of this article, Shirley not be proved. The proof required is Garcia clearly has not committed the tion to safeguard the rights of individual defendants.28 The product of their ef• the meeting of two minds to engage in crime of conspiracy under the bilateral fort has since served as the basis for some unlawful activity. test, even though she subjectively be• lieved Young , the informant, and his revision of criminal statutes in nearly every jurisdiction. The statutory Undercover Police Officers and In• friend were going to help her murder changes, in turn, are beginning to have formants her husband. Surprisingly, however, an impact on informant and undercov• It should logically follow from this the Indiana Supreme Court upheld her traditional premise that if one person conviction. Garcia had the untimely er operations in conspiracy investiga• only feigns acquiescence in a proposal misfortune of engaging government tions. of another to pursue an unlawful enter• agents to kill her husband a year after The Code provision, referred to as prise, there can be no conspiracy, the Indiana Legislature rewrote and en• the " unilateral" 29 formulation by its since there is no meeting of two minds. acted a new criminal conspiracy stat• drafters, stresses each individual's CUl• This has been the prevalent view ute. Indiana, in company with a pability rather than the conduct of a throughout the country, and where one majority of States, adopted a criminal group of which the conspirator is of only two persons conspiring is a law statute in line with the Model Penal charged to be a part. On the one hand, enforcement officer acting in the dis• Code's 25 approach to criminal conspir• the unilateral view makes it difficult to charge of his duties 21 or is a govern• acy. bring numerous individuals into a single ment informer who intends to frustrate The interpretation of new conspir• conspiracy prosecution because the in• the conspiracy covertlY,22 the only re• acy statutes, like that of Indiana's and tent of each participant must be maining participant cannot be convict• as the Garcia case exemplifies, is be• proved. On the other hand, the Code ed of conspiracy. Although he may ginning to have an impact on the op• makes it immaterial to the guilt of any possess the requisite criminal intent, portunity law enforcement agencies single conspirator whose culpability there has been no agreement with an• may have to use government agents to has been established that the person other person to act together to achieve or persons with whom he conspired an unlawful purpose. has not been or cannot be convicted. If

26 / FBI Law Enforcement Bulletin one participant has conspired in the At the time Shirley Garcia en• conviction without a true agreement. belief that another is with him, his guilt gaged Young and the police officer to The defendant only had to conspire is not diminished by the other's feigned kill her husband, two relevant sections with his cousin; the cousin did not have intention. The scheme's chances of of the new Indiana unilateral conspir• to conspire with him. " The act of con• success are eliminated, but the major acy statute read: spiracy by a defendant . . . is the de• basis for conspiratorial liability, the evi• cisive element of criminality."38 "[Sec. 2] (a) A person conspires to dence of one party's firm purpose to (emphasis added) commit a felony when, with intent to commit the crime, remains the same.30 The court concluded: commit the felony, he agrees with In effect, the drafters adopted a new "[T]he Minnesota statute is now another person to commit the fel• phrased in unilateral terms similar to definition of conspiracy, one which iso• ony.. . . those used in the Model Penal lates a defendant from his associates (c) It is no defense that the person and individually looks at the evidence Code. . . . Because of this wording, with whom the accused person is of his subjective intent and measures we hold that the trial court was free alleged to have conspired: culpability accordingly. to convict defendant of conspiracy (1) has not been prosecuted; It would appear as if the unilateral under the facts of this case. " 39 (2) has not been convicted; definition has thus eliminated the act These are not isolated cases. As (3) has been acquitted; requirement that is a necessary pre• courts in other unilateral jurisdictions (4) has been convicted of a different have been given the opportunity to requisite to all criminal behavior. The crime; address the sole conspirator issue, drafters of the Model Penal Code have (5) cannot be prosecuted for any advanced three theories to overcome they too have followed this interpreta• reason; or this problem. First, the Code requires tion.40 Even in those jurisdictions which (6) lacked the capacity to commit the still adhere to the bilateral approach, it proof of an overt act as a necessary crime."34 is important to note how courts have element of the crime for all except The Indiana Supreme Court held been able to overcome the meeting-of• conspiracies to commit felonies of the that the conspiracy statute is similar to first or second degree. 31 Proof of an two-minds objection when informant the Model Penal Code version, and overt act by the sole conspirator will and undercover operations are in• therefore, Garcia had no defense of volved. satisfy the act requirement. Second, a feigned acquiescence. Because her conspiratorial agreement is un~erstood activities fell within the unilateral defini• THE TRADITIONAL BILATERAL AP• to be the advancement of the illegal tion of conspiracy, her conviction and PROACH-FINDING TWO MINDS intention that a person has conceived 20-year sentence were affirmed.35 in his mind to the point where the The Minnesota Supreme Court The Reluctant Informant conspirator acts on that intention by reached the same conclusion a few consulting with another. That is, the One distinguishing example in• years earlier in the case of State v. St. supposed agreement is itself an overt volves the conspirator who notifies the Christopher, 36 based on a unilateral police well after the conspiracy is un• act if the intention is to commit a first or interpretation of Minnesota's conspir• second degree felony. 32 Third, as a der way. In such a case, the informant acy statute. The defendant agreed with initially agrees on his own. The crime is practical matter, government attorneys his cousin, Roger Zobel, to have Zobel do not prosecute unless they are able complete upon agreement. The deci• kill the defendant's mother for sion in United States v. Sacco41 illus• to show some activity in addition to the $125,000. The idea was for Zobel to sole conspirator's intention. 33 trates the point. In April 1968, the break her neck, attach bricks to her defendant asked one Parness to rent a body, and throw it in a river. Fortunate• truck large enough to hold approxi• ly, Zobel only pretended to agree and mately 60 cartons of televisions. On notified the police who subsequently May 1, 1968, Parness met Sacco with arrested St. Christopher. a truck and helped him pick up and The court affirmed the conspiracy unload a truck full of televisions. He conviction on the grounds that lan• was paid $100, no questions asked, for guage in the new statute, " whoever his efforts. A few days later, Parness conspires with another,"37 permits a notified the New York State Police and

October 1981 / 27 "A mere assertion of a co-conspirator's association with a law enforcement agency, without more, will be insufficient to preclude a conviction." became a paid informant. Sacco and "The sale was set up by appellant having only a tangential bearing on others were subsequently indicted and and Raulerson and the evidence the case. Just such an opportunity convicted in Federal court of conspir• shows that Raulerson was a confi• presented itself when a reference acy to knowingly transport stolen prop• dential informant with no authority to was made to the fact that Itkin erty in interstate commerce. On deal in drugs. Therefore any analogy claimed to have had some contact appeal, Sacco claimed correctly that to the general rule that where one of with the FBI as early as 1962 .. .. the Federal rule prohibits a conspiracy two persons who conspire to do an [W]hatever else he [Itkin] might have between a defendant and a police in• illegal act is an officer acting in the been doing with the FBI to uncover former. But the court distinguished this discharge of his duties, the other the machinations of the underworld, case from the general rule and upheld person cannot be convicted on a he was in this venture entirely on his Sacco's conviction, noting that it was charge of conspiracy is inapplica• own and acting wholly without not until May 10th that Parness as• ble."44 kno.wledge of the FBI until he found sumed the status of government agent: it to his interest to tell the FBI, after "The fact at a pOint in the conspiracy The Occasional Informant the last installment of the bribe had one of the conspirators becomes an A mere assertion of a co-conspira• been paid." 46 informer does not alter the character tor's association with a law enforce• of the conspiracy as it existed up to ment agency, without more, will be The Independent Informant that point." 42 insufficient to preclude a conviction. In In United States v. DeSapio,47 the United States v. Corallo,45 four individ• same appeals court described exactly The Unauthorized Informant uals were convicted in Federal court of what Itkin was up to. The defendant Another possible situation in• conspiracy to use the interstate tele• was one of Corallo's co-conspirators volves the informant acting on his own phone system with the intent to violate whose trial was severed but who was, without the knowledge of a law en• New York State bribery laws. The evi• nonetheless, convicted of conspiring forcement agency. The government dence established Corallo's conspiracy with Itkin. The record showed that Itkin can disavow his actions and hold the with Herbert Itkin to bribe a New York kept the FBI informed almost daily of informant to be the co-conspirator. In City water commissioner in exchange the progress of the conspiratorial plan. Beasley v. State,43 a female undercov• for the award of favorable construction He gave the FBI advance notice of er agent for the Okeechobee, Fla., Po• contracts. Itkin claimed to have had meetings, tape recorded incriminating lice Department contacted a lawyer some contact with the FBI some 4 conversations, and obtained physical suspected of dealing in narcotics and years before the alleged offense. Cor• evidence. However, the FBI never told asked him where she could obtain a allo claimed the bilateral Federal con• him what to do and denied directing or quantity of marihuana. The lawyer re• spiracy law prevented a conspiracy authorizing Itkin to participate in the ferred her to Donald Raulerson, who with a Government informant. The scheme. Itkin testified he was "infiltrat• owned a grocery store in Ft. Pierce. He Second Circuit Court of Appeals was ing . . . picking and choosing as it eventually sold her some marihuana. not impressed: came . . . very definitely a partici• Unbeknown to the agent, Raulerson "The path of the prosecutor in a pant. " 48 was a confidential informant for the conspiracy case is full of snares and On balance, the court concluded Florida Department of Law Enforce• pitfalls. As the conspirators run for that Itkin was acting on his own initia• ment, but without authority to sell cover, a favorite diversionary tactic is tive " even though he was currently drugs. Beasley, the lawyer, was subse• to spread confusion by pursuing reporting developments to the FBI and quently convicted on marihuana digressions suggested by proof doubtless did not expect to be pros• charges, but claimed on appeal that ecuted."49 the Florida rule prohibited a conspiracy conviction where the only other partici• The Aggressive Informant pant (Raulerson) was a police opera• Another way to avoid an unfavor• tive. The court disagreed: able bilateral ruling is to use an inform• ant or undercover police officer to draw otherwise unconnected individuals to•

28 / FBI Law Enforcement Bulletin gether to create a plurality of parties. In supply of north Florida whiskey. Even the need to pay the sheriff for protec• Sigers v. United States,50 the Federal though there was no direct evidence of tion. Sheriff Sears reluctantly accepted Government used an informant to any sharing agreement between the bribes, and along with Davis' two part• bring three unsuspecting groups to• three participants, the informant Lee, ners, was indicted and convicted of gether for a successful single conspir• acting at the direction of two of the conspiracy to violate Internal Revenue acy prosecution to violate Internal conspirators, was the connecting link laws. On appeal, Sears claimed to Revenue laws. to draw the two south Florida purchas• have no knowledge of Davis' partners; A Miami, Fla., group of whiskey ers together and all three groups into a further, he argued that he could not be retailers bought untaxed alcohol from a single conspiracy.51 a party to a conspiracy with a Federal group of north Florida moon shiners. A Because the defendants were Government agent. The court held dif• third group of unconnected manufac• multiparty groups rather than three in• ferently: turers and wholesalers operated out of dividuals, the Sigers case does not " The fact that Sears' only connec• Okeechobee, Fla. A Florida State Bev• present the possibility of a single con• tion with and knowledge of the un• erage Department informant, Willie spirator defense to a Federal conspir• known co-conspirators (Johnson Lee, who knew the leaders of the Mi• acy prosecution. But it does illustrate, and Wright) was through a govern• ami and Okeechobee groups from pris• by analogy, how undercover oper• ment informer (Davis) does not viti• on, began working as a buyer and ations can bring two otherwise uncon• ate the conspiracy. In Sigers v. hauler for the Miami retailers. When nected individuals into an agreement United States . . . we recently held Lee's employers began having difficul• constituting a conspiracy. The Sigers that government informers may ty maintaining their supply from north court noted, however, that the inform• serve as the connecting link be• Florida, Lee made purchases from his er's activities were at all times in ac• tween co-conspirators. The facts of friend in Okeechobee. Lee also began cordance with instructions from his that case were somewhat different in making purchases for the Okeechobee employer and that none of the defend• that the informers acted at all times group through the north Florida suppli• ants was lured into the violation solely in accordance with instructions fur• ers. through the efforts of the informer act• nished by the co-conspirators, but The north Florida suppliers, of ing on his own initiative.52 we do not deem this difference sig• whom Sigers was a member, claimed Two years later, the same Federal nificant." 53 to have no part in an overall conspiracy appeals court took this aggressive gov• with the two south Florida groups. ernment agent issue one step further. The Overt Act and the Government They argued that the evidence In the Sears case, noted earlier, Dor• Agent showed, at most, the existence of two sey Davis approached Federal Gov• At common law, a conspiracy was conspiracies, one between themselves ernment agents and offered to secure punishable even though no act was and the Miami group and one between evidence of bribery against Sheriff undertaken beyond the meeting of two 54 themselves and the Okeechobee boot• Sears, with whom he had dealt in prior minds. While common law conspir• leggers. They denied any knowledge of moonshine operations. On his own, acy States do not require an overt an agreement between the two south Davis bought into an ongoing bootleg• act,55 most jurisdictions make an overt Florida groups. But the Fifth Circuit ging business as a cover to legitimatize act an element of some or all types of Court of Appeals ruled otherwise. The conspiracy.56 The general Federal con• court believed that because Lee was spiracy statute is representative of the buying from a limited supply for the two modern trend to require that one of the south Florida customers, the jury could co-conspirators " do any act to effect infer an agreement between the two the object of the conspiracy."57 buyers to share in the supply. The jury could further conclude that the north Florida supplier should have known that two buyers using the same sales• man must have come to an agreement to share in the purchase of a limited

October 1981 I 29 ". . . undercover operations can bring two otherwise unconnected individuals into an agreement constituting a conspiracy."

The overt act requirement is a leg• " [Wje are of the opinion that govern• Conclusion islative determination that an evil state ment officers should not so far par• As the foregoing suggests, the in• of mind, without more, should not be ticipate as themselves to perform . tricacies of modern conspiracy statutes punished. The Supreme Court's opin• unaided by any of the conspirators do not make the crime an easy one to ion in Yates v. United States 58 sup• the crucial act of introducing the li• understand. Its history, as Justice ports a dual justification: (1) No quor into the forbidden territory. Jackson of the Supreme Court noted credible threat to commit a substantive They may properly afford opportunity years ago, exemplifies "the tendency crime exists, and (2) the rule acts as a to those suspected of crime to com• of a principle to expand itself to the safeguard against the prosecution of mit the original offense. They may be limits of its logic."66 But its difficulties innocent persons. Justice Harlan not• participants to a certain extent, but can be overcome. Because conspiracy ed: they, themselves, may not unaided, prosecution promotes the breakup and "The function of the overt act in a as in this case, do the very overt act punishment of criminal groups well be• conspiracy prosecution is simply to which is essential to the consumma• fore they achieve their unlawful pur• manifest 'that the conspiracy is at tion of the offense charged. In con• pose, it is a necessary adjunct to the work' . . . and is neither a project spiracy cases no matter what evil investigation and prosecution of sub• still resting solely in the minds of the may be planned, the crime has not stantive offenses and important for the conspirators nor a fully completed been committed until an act has protection of the public. operation no longer in existence."s9 been done in furtherance thereof. It is important to a law enforce• Virtually any act will satisfy the There is a locus poenitentiae lying ment officer charged with the task of overt act requirement. Thus, mailing a between the thought and the deed. orchestrating the infiltration of a con• letter,60 consulting a lawyer,61 or at• The accused may not be deprived of spiracy to make an effort to read and tending a lawful meeting 62 have all that period of immunity by the act understand .his State's conspiracy stat• been held to be overt acts in the con• of a government officer who is not utes. The officer should determine: (1) text of the criminal object alleged. But in law a conspirator."65 (emphasis Whether the statute is written in terms under the Yates reasoning, the act added). of the traditional common law view or must be completed by one of the con• This view is the general rule and is in accordance with the modern unilat• spirators or someone directed by a consistent with the Supreme Court's eral approach; (2) whether it is a de• conspirator. 63 A government agent, reasoning in Yates that intent alone fense to a conspiracy prosecution that acting on his own , cannot commit the does not make a Federal conspiracy. the sole co-conspirator is unknown, or overt act. Although there are few cases on point, a government agent; and (3) whether In United States v. DeMayo,64 two the DeMayo rule would appear to dis• an overt act is an element of the stat• undercover Government agents acted tinguish overt acts committed by infor• ute. as go-betweens for sellers in Kansas mants with the knowledge, direction, or In addition, the officer should fol• City, Mo., and buyers in Tulsa, Okla. assistance of a defendant conspirator low the court decisions that have be• The buyers and sellers were convicted from those committed independently gun to analyze recently enacted in Federal court of conspiring to cause or "unaided." conspiracy statutes. As this article im• alcohol to be transported into the Okla• plies, courts can suggest important in• homa Indian territory. The informants vestigative techniques, especially in did some of the actual transporting. On the vital area of informant and under• appeal, the defendants successfully ar• cover operations. A thorough knowl• gued that the overt acts of the Govern• edge of the law of conspiracy will help ment should not be attributed to them. the officer draw a fine line between The court held: successful penetration of a conspira• torial group and one where the pros• ecution is defeated because the government agent's activities negate a necessary element of the statute. FBI

30 I FBI Law Enforcement Bulletin Footnotes II Rogersv. UniledSlales, 340 U.S. 367, 375 (1951); 34 Ind. Code § 35­41­5­2­ (Burns 1979). , The facts are from the decision Garcia v. State, 394 accord, Stale V. Collins, 293 A.2d 235, 236 (Super. Ct. N.J. 35 Supra nole 1, at 111. N.E.2d 106, 107 (Ind. 1979). 1972). 31 232 N.W.2d 798 (Minn. 1975). 2 Commonwealth v. Hunt, 45 Mass. (4 Met.) 111 , 123 " See, e.g., Uniled Slales V. Lance, 536 F.2d 1065, 37 Minn. Stat. § S09.175 (2) (Supp. 1976). (1842) ; PettIbone v. United States, 148 U.S. 197, 203 1068 (5th Cir. 1976) (Conspiracy to commit extortion 31 Slale V. SI. Christopher. supra note 36, at 803. (1893) ; Pmkerton v. Umled Slales, 328 U.S. 640, 643 through the mail); United States V. Espinosa­Carps, supra 30Id. (1946). For a detaited history of conspiracy, see Sayre, note 9, at 330­31 (Drug conspiracy); Umled Stales V. .. See Saienni V. Slale, 346 A.2d 152, (Del. 1975); Cnimnal ConS{JIracy, 35 Harv. L. Rev. 393 (1922). Allen, 613 F.2d 1248, 1253 (3d Cir. 1980) (Drug conspir- State V. Lavary, 377 A.2d 1255 (Super. Cl N.J. 1977); 3 UmledStalesv. KIssel, 218 U.S. SOl , S08 (1910). acy); People v. Sagehom, 294 P.2d 1062, 1068 (Dist. Ct. People V. Lanni, 406 N.Y.S.2d 1011 (Sup. Cl 1978). • Morrison v. California, 291 U.S. 82, 92 (1934). App. Cal. 1956) (Conspiracy to procure the arrest of .. 436 F.2d 780 (2d Gir. 1971), cert. denied, 404 U.S . • See Harno, Inlenlln Criminal Conspiracy, 89 U. Pa. another); Slale V. Caldwell. 105 S.E.2d 189, 192 (N.C. 834 (1971); see also United S!JJles V. Swainson 548 F.2d L. Rev. 624, 635 (1941); Developmenls In The Law- 1958) (Conspiracy to bomb a schoot). 657 (6th Cir. 1977), cert. denied, 431 U.S. 937 (1977) Criminal ConS{JIracy, 72 Harv. L. Rev. 420, 435 (1957). ,. 618 F.2d 192 (2d cir. 1980), cert. denied, 101 S.Ct. (Conspiracy to bribe a judge. Informant acting on his own, • See Wechsler, Jones, and Korn, The Treatment Of 401 (1980). even though the government suggested the payoff with , Inchoale Crimes In The Model Penal Code Of The Ameri- ,old. at 197. the informant's funds). can Law Inslilute: Attempt, Solicilation, And ConSPiracy, 20 Id. •• United Slates v. Sacco, 436 F.2d 780, supra note (Part II Conspiracy), 61 Colum. L. Rev. 957, 965 (1961), 21 Beasley V. Florida, 360 SO.2d 1275 (Dist. Ct. App. 41 , at 783. where the terms " bilateral" and " unilateral" are used by Fla. 1978) (Conspiracy to sell marihuana); Uniled Stales v. 43 3SO So.2d 1275 (Dist. Ct. App. Fla. 1978). the principal authors of the Model Penal Code, hereinafter Barnes, 604 F.2d 121 (2d Cir. 1979), cert. denied, 100 "Id. aI1277. ~ cited as MPC, to distinguish the common law and MPC S.CI. 1833 (1979) (Drug conspiracy). 45 413 F.2d 1306 (2d. Cir. 1969), cert. denied, 396 definitions of conspiracy; Notes, Conspiracy­ Slalulory Re- 22 Delanyv. Slale, 51 S.W.2d 485 (Tenn. 1932) (Con- U.S. 958 (1969). form Since The Model Penal Code, 75 Colum. L. Rev. spiracy to commit murder); Moore V. Slate, 290 So.2d S03 "Id. at 1320­21. 1121 , 1135-36 (1975). (Miss. 1974) (Drug conspiracy); Stale v. Horton, 170 .7 435 F.2d 272 (2d Cir. 1970), cert. denied, 402 U.S. 7 Morrison v. California, supra note 4, at 92. S.E.2d 466 (N.C. 1969) (Conspiracy to murder a spouse); 999 (1971). • Gardnerv. Stale, 396 A.2d 303, 305 (Ct. Spec. App. Johnson V. Sheriff, Clark County, 532 P.2d 1037, 1038 "Id. at 281. Md. 1979), aff'd, 408 A.2d 1317 (Ct. App. Md. 1979). (Nev. 1975) (Conspiracy 10 murder spouse). .old. at 282. ° See LaFave and Scott, Handbook On Criminal Law, 23 343 F.2d 139 (5th Cir. 1975). 50 321 F.2d 843 (5th Cir. 1963). 488 (1972). This proposition is known as the rule of 2. Id. at 142; accord, Uniled Stales V. Chase, 372 51 Id. at 845. consistency, but is the subject of a great deal of inconsis- F.2d 453 (4th Cir. 1967), cert. denied, 387 U.S. 907 (1967); 52/d. at 847. tency when applied to separate tnals, guilty pteas, rever- Uniled States V. Rosenblatt, 554 F.2d 36, 38 (2d Cir. 53 Sears V. Uniled Stales, supra note 23, at 142. Sears sals on appeal, and the like. Compare Uniled Stales v. 1977); United Slales v. Moss, 591 F.2d 428, 434 n.8 (8th also raised the defense of entrapment. The court did not Bruno, 333 F.Supp. 570 (E.D. Pa. 1971) (Prior acquittal of Cir. 1979). rule on the claim directly, but believed the facts were all other conspirators precludes conviction of the remain· 25 MPC § 5.03 elseq. (Proposed Official Draft, 1962). sufficient to warrant the defense's consideration by the ing one), wilh Uniled Slales v. Musgrave, 483 F.2d 327 2. See Notes, Conspiracy: Stalulory Reform Since jury. For an analysis of the traditional entrapment defense (5th Cir. 1973), cert. denied, 414 U.S. 1023 (1973); (Lone The Model Penal Code, supra note 6, at 1122, 1125, n.8, in a conspiracy setting, see United Stales V. Rosner, 485 conspirator could be convicted because the rule does not for citations to all relevant State statutes. The MPC con- F.2d 1213,1220­23 (2d Cir. 1973), cert. denied, 417 U.S. apply to separate trials). Other courts have held that a prior spiracy provision has been adopted in whole or in part in at 950 (1974) (Conspiracy to bribe a police officer). For an guilty plea will stand despite the subsequenl acquittal of all least 26 States and is under consideration in most others. example of govemment overreaching amounting to a viola- other co­conspirators. See, e.g., Uniled Slates V. Strother, 27 See Marcus, Conspiracy: The Criminal Agreemenl tion of due process, see Uniled States V. Twigg, 588 F.2d 458 F.2d 424 (5th Cir. 1972), cert. denied, 409 U.S. 1011 In Theory And In Practice, 65 Geo. L.J. 925, (1977); see, 373, 380­82 (3d Cir. 1978) (Drug conspiracy). (1972); State V. Oals, 108 A.2d 641 (Super. Ct. App. Div. e.g., Krulewitch v. United Stales, 336 U.S. 440, 445­58 54 See Sayre, Criminal Conspiracy, supra note 2, at N.J. 1954). See also Bates V. United States, 323 U.S. 15 (1949) (Jackson, J., concurring). 395­400; LaFave and Scott, Handbook on Criminal Law, (1944) (Defendant's conviction vacated where co­con- 2. MPC § 5.03, Comment (Ten. Draft No. 10, 1960). supra note 9, at 453­55. spirator's convIction reversed by appellate court); cf. 21 See Wechsler, Jones, and Korn, The Trealmenl Of 55 See, e.g., Commonweallh V. Beneficial Finance Co., Uniled Slales V. Espinosa­Carps, 630 F. 2d 328, 331­33 Inct.osle Crimes In The Model Penal Code Of The Ameri- 275 N.E.2d 33, 69 (Mass. 1971); Fla. Stat. Ann. § 777.04 (5th Cir. 1980), where the court questioned the logic of this can Law Institute: Allemp~ Solicilalion, And Conspiracy, (3) (West 1976). rule as acquittals are not necessarily equivalent of a (Part II Conspiracy), supra note 6. 50 See, e.g., N.Y. Penal Law § 105.20 (McKinney finding of innocence, nor do they necessarily negate the 30 MPC § 5.03, Comment at 104­05 (Ten. Draft No. 1975); Ohio Rev. Code Ann. § 2923.01 (B) (Page Supp. fact of criminal complicity with other conspirators. This 10, 1960). 1978); Wisc. Stat. Ann. § 939.31 (West Supp. 1979­80); view seems more consistent with the U.S. Supreme 31 MPC § 5.03(5) (Proposed Official Draft, 1962). This Tex. Penal code Ann. § 15.02 (a) (Vernon 1974); N.J. Stat. Court's recent opinion in Slandefer V. Uniled Stales, 447 exception has not been readily adopted by the States Ann. § 205­2 d. (West Spec. Pamphlet 1979); Cal. Penal U.S. 10 (1980), where the Court rejected the applicability which have modeled their conspiracy statutes on the MPC. Code § 184 (West 1970 and Supp. 1979). of nonmutual collateral estoppel in criminal cases, specifi- For a list of those States requiring an overt act in all .718 U.S.C. § 371 (1976). Various Federal conspiracy cally holding that a prior acquittal of one party could not be conspiracy prosecutions and those few which follow the statutes do not require an overt act. See, e.g., 18 U.S.C. invoked to bar the government's subsequent litigation of MPC, see Notes, Conspiracy: Stalutory Reform Since The § 372 (1976) (Conspiracy to impede or injure a Federal the fact of the party's criminal conduct as an element in Model Penal Code, supra note 6, at 1153 n.n. 168 and 170. offICer); 18 U.S.C. § 1951 (1976) (Conspiracy to interfere the prosecution of a second defendant. 3. See, Wechsler, Jones, and Korn, The TreatmenlOf with commerce by threat or violence). ,. Hurwitz v. State, 92 A.2d 575 (Md. 1952); Farns- Inchoate Crimes In The Model Penal Code Of The Ameri- 50 354 U.S. 298 (1957). worth V. Zerosl, 98 F.2d 541 (5th Cir. 1938) (Diplomatic can Law Institute: Allemp~ Solicitation, And Conspiracy 50 Id. at 334. immunity). (Part II Conspiracy), supra note 6, at 1001 ­ 1003; Notes, "Cochranv. UniledSlales, 41 F.2d 193, 199­200 " Slale v. Davenport, 42 S.E.2d 686 (N.C. 1947). Conspiracy: Statutory Reform Since The Model Penal (8th Cir. 1930) (Mail fraud conspiracy). .. DeCamp V. Uniled Stales, 10 F.2d 984 (D.C. Cir. Code, supra note, 6, at 1153­1158. II Kaplan V. Uniled States, 7 F.2d 594, 596 (2d cir. 1926). 33 Id. , see III. Ann. Stat. Ch. 38 § 8­2 (Smith­Hurd 1925) (Bankruptcy conspiracy). n Rosenthalv. Uniled States, 45 F.2d 1000 (8th Cir. 1972) Comment at 458. " [N]o case has been found in 02 Baryv. Uniled States, 248 F.2d 201,208 (10th Gir. 1930). which some activity pursuant to the agreement has not 1957) (Conspiracy to overthrow the Government). ,. United States v. Monroe, 164 F.2d 471 (2d Cir. been present. This leads to the conclusion that prosecu- 13 See, e.g., Uniled S!JJtes v. Ross, 590 F.2d 232, 1947); cf. Uniled Slates V. Briggs, 514 F.2d 794, 806­08 tors find proof of the agreement without subsequent activi- 234­35 (7th Gir. 1978) (Conspiracy to burglarize a house (5th Cir. 1975), where the court found that the practice of ty too diffICult ... to warrant criminal prosecution." See with the help of a Federal agent). naming, but not indicting, alleged co­conspirators denied Ore. Rev. Crim. Code § 59, (Proposed Official Draft 1970), .. 32 F.2d 472 (8th Cir. 1929). them their due process rights, because they would not Comment at 59­60. The drafters stated they "could find no 1S/d. at 474; accord, King V. State, 104 So.2d 730 have the o,JpOrtunity to establish their innocence at trial. value in adding such a requirement [overt act], particularly (Fla. 1958); Woo Waiv. United Slates, 223 F. 412 (9th Cir. .. United Slales V. Shipp, 359 F.2d 185 (6th Cir. since the significance of the acts that will meet the require- 1915) . 1966), cert. denied, 385 U.S. 903 (1966) (Nolle prosequi ment renders it almost meaningless." II Krulewitch V. Uniled States, supra note 27, at 445. not the equivalent of an acquittal).

October 1981 I 31 RBY THE ~rBl •~

Photographs taken 1977

William Frederick Schroeder, Jr. Description Caution William Frederick Schroeder. Jr .• Age ...... 45. born June 5. Schroeder should be considered also known as Wilbur L. Bohn. William 1936. Baltimore. armed. extremely dangerous. and an D. Jennings. Leroy Martin. Lesher Lee Md. escape risk. Martin. Jr .• Leslie Lee Martin. David Height ...... 5·11 .. to 6'. McCoy. Jr .• Richard Mertz. William F. Weight ...... 240 to 300 Notify the FBI Schroeder. Jr .• William Fredrick pounds. Any person having information Schroder. Stanley William Weem. and Build ...... Obese. which might assist in locating this others. Hair ...... Brown-gray. fugitive is requested to notify Eyes ...... Brown. immediately the Director of the Federal Wanted for: Complexion ...... Medium. Bureau of Investigation. U.S. Interstate Flight-Armed Robbery Race ...... White. Department of Justice. Washington. Nationality ...... American. D.C. 20535. or the Special Agent in The Crime Occupations ...... Carpenter, ' Charge of the nearest FBI field office. Schroeder is being sought in kitchen helper. the telephone number of which connection with an armed robbery of a mechanics appears on the first page of most local market in which two female employees helper. salesman. directories. were threatened with a handgun. He is truckdriver. and also being sought by local authorities welder. Classification Data: for murder and armed robbery. Remarks ...... Wears NCIC Classification: prescription D016152016DI5919CI19 Criminal Record glasses. avid gun collector. drinks Schroeder has been convicted of Fingerprint Classification: light beer. chronic firearms violations. armed bank gambler. and race 16 0 5 U 000 16 robbery. and unauthorized use of a track enthusiast; vehicle. 18 RIO I shops at tall and big men shops. Social Security Nos. Used ...... 216-32-4862 . 216-32-1862. 216-32-6297. 219-32-6297. FBI No ...... 872 274 D.

Left middle fingerprint.

32 I FBI Law Enforcement Bulletin

U.S. GOVERNMENT PRINTING OFFICE, 1981 0 - 352-344 , QL 3 Change of ~ORCEMENT Address rBI Not an order form BULLETIN

Complete this form and return to: Name

Director Title Federal Bureau of

Investigation Address Washington, D.C. 20535

City State

Tool Cracks

Figure 1 Boxes Figure 2 The homemade tool depicted here is used to pry open quickly safe-depos- it boxes by: 1) Inserting a self­topping screw in the keyhole of the lock (see figs. 2 & 3) ; 2) Hooking the jaw of the tool on the screw (see figs. 4 & 5); and Figure 3 3) Applying backward pressure to the handle of the tool, which ap- plies force to the tongue of the lock, thereby snapping it and al- lowing the box to open. (See fig . 6.) (Submitted by the Ontario, Canada, Provincial Police.)

Figure 5

Figure 6 U.S. Department of Justice Official Business Postage and Fees Paid Federal Bureau of Investigation Penalty for Private Use $300 Federal Bureau of Investigation Address Correction Requested JUS-432

Second Class

Washington, D. C. 20535

Questionable Pattern This pattern has the minimum requirements of a central pocket loop whorl, i.e., a recurve in front of two deltas and an imaginary line between the deltas does not cut or touch a recurve in front of the right delta. This pattern is questionable inasmuch as inking or pressure may destroy the recurve in front of the right delta and a reference search would then be conducted as a loop. This pattern is classified as a whorl with an "outer" tracing and referenced to a loop.