CONTENTS

MESSAGE FROM THE DIRECTOR

" . .. the rapidly growing role of the computer in our society has created a uniquely challenging field of criminal activity."

POLICING SPECTACLES: COOPERATION, COORDI• NATION, AND OTHER CONSIDERATIONS, by John D. Swift. 3

A VIABLE POLICE RESERVE, by Paul H. Bohardt, Chief, Administrative Division, Dade County Pub• lic Safety Department, Miami, Fla. 9

RAILROAD CRIME: OLD WEST TRAIN ROBBERS TO MODERN-DAY CARGO THIEVES, by Thomas W. Gough, Staff Assistant to the General Director, Security and Special Service Department, Union Paciflc Railroad Co., Omaha, Nebr. 16

ENTRY INTO PREMISES FOR THE PURPOSE OF EX• ECUTING AN ARREST WARRANT, by J. Paul Bout• well, Special Agent, Legal Counsel Division, Fed'eral Bureau of Investigation, Washington, D.C. 27 WANTED BY THE FBI 32

THE COVER The photograph featured on this month's cover highlights the role of of• ficers who protect our railways from criminal acts. See related article begin• ning on page 16 of this issue. Message from the Director. . .

IN THE FOREFRONT OF MAJOR technological of some administrators not to report such crimes advances has been the computer. Its uses in busi• through fears of disclosing existing vulnerabili• ness, industry, government, and other areas have ties or creating other forms of adverse publicity. dramatically expanded, generating countless ben• Based on recent studies, this type of white• efits. There is every reason to believe that this collar criminal generally appears to have several remarkable proliferation will continue in the characteristics that set him apart from other law• future and receive additional impetus with in• breakers. Typically, the offender is a highly intel• creased availability of minicomputers. In the ligent, youthful male either employed or knowl• field of law enforcement, computers have been edgeable in the computer technology field. He imaginatively and effectively used as enforce• usually has no prior criminal record and fre• ment tools and as aids in analyses, planning, and quently occupies a position of substantial trust. operations. It also seems that the prospect of outwitting a Although reasonable safeguards can be imple• complex system frequently motivates him in these mented to protect computer systems, absolute acts. When caught, he tends to rationalize his security against misuse cannot be expected. Not actions and minimize their criminality. surprisingly, the criminal mind has been quick The threat posed by the computer criminal be• to devise means to illegally exploit this medium. comes decidedly more menacing when viewed in While the basic classes of crimes occurring in terms of society's increasing dependence on com• this technical realm are not new (fraud, embez• puters, particularly in respect to performing key zlement, and industrial espionage, to name a functions. Aside from encouraging employment few), other aspects are--for example, the modus of security safeguards for preventing and deter• operandi and the nature of the assets attacked. ring computer crimes, law enforcement's role in It is difficult to accurately assess the true ex• this area is primarily a reactive one. tent of the computer crime problem. Many, Currently, most computer crimes fall within however, suspect that the number of these offenses the investigative responsibility of State and local reported is small compared to their actual vol• law enforcement. In order to successfully deal ume. Certainly, the magnitude of many of those with these usually complex offenses, law enforce• computer-related crimes reported gives cause for ment officers must possess sophisticated knowl• serious concern. Losses, in several cases, have edge and specialized skills. Training is, there• approached or exceeded million-dollar totals. fore, a prime prerequisite. Programs of this na• Detection is a major challenge, with most com• ture should encompass instruction, study, and puter crimes detected being discovered purely by exerci es designed to thoroughly familiarize offi• chance and then only after considerable time has cers with pertinent technical language, systems elapsed since their commission. Further aggra• equipment, and various computer programs. vating this problem is the unfortunate tendency Other important areas to be covered should in• MESSAGE

elude computer security considerations, previous The FBI has recently provided specialized computer crimes, and successful investigative training relative to computer technology and precedents. computer fraud to our own Special Agents, to interested officers attending the FBI National The difficulties in prosecuting those charged Academy, and to investigative elements of an• with computer-related crimes represent still an• other Federal agency which requested such train• other formidable challenge. Gathering acceptable ing. In these endeavors, experts from outside the evidence in a crime where electrical impulses, FBI, as well as our own instructional staff, have data tapes, telephone circuits, or other similar been fully utilized. The instruction provided has forms of technology may be elemental is not an been well received, and we certainly intend to easy task. A dearth of prosecutive precedents and make training of this nature available to even sometimes ill-defined laws relating to this field, a more officers. lack of understanding regarding computers, and the absence of clearly established ethical stand• Not unexpectedly, the rapidly growing role of ards in some areas of computer activity create the computer in our society has created a uniquely many of the problems underlying this challenge. challenging field of criminal activity. Law en• The problems are not insurmountable, however, forcement must be prepared to effectively counter and successful prosecutions have been recorded this highly complex threat with a commensurate in highly complex computer crimes: degree of knowledge and investigative skill.

CLARENCE M. KELLEY FEBRUARY 1, 1977 Director Policing Spectacles: Cooperation, Coordination, and other Considerations

By JOHN D. SWIFT*

"Byworking together, And each year a still small but public law enforcement growing element of unruly fans seems and private security con- to make an appearance at almost every tractors are able to em- important event. ploy efJectit'e crowd con- Yet, truly major instances of un- trol techniques and thus ruliness involving more than a few lwep major illstances of individuals are a rarity, reflecting the ullrulilless at big­crowd sophistication and effectiveness of events to a minimum." crowd control techniques and close teamwork between police and experi- enced private security contractors.

Contrasting Trends

The sports explosion in this coun- try has been accompanied by a construction boom in mammoth, :multimillion­dollar stadiums, sports arenas, and convention halls. This ex- Each year tens of millions of pansion has been marked by two con- Americans throng spectator sports trasting trends. *Mr. Swift is a former Special Agent of the and other event s not uncommonly in One is locating sports complexes F BI and is currently an executive with a private security firm . crowds of 60,00 0 to 80,000 and more. outside core cities; and the other is

February 1977 3 A guard keeps discreetly in the background at a tennis tournament.

Relaxed attitudes and smiles are an integral part of crowd co nlrol.

4 FBI Law Enforcement Bulletin addition, as many as 300 people may be assigned by the private security contractor to staff the stadium, in• cluding ticket takers and sellers, ushers, guards, and plainclothes sec• tion supervisors. Allocation of sufficient police man· power for a sellout event does not usually present an overwhelming problem for big city departments, which usually have permanent sta· dium details and can draw other offi• cers expert in traffic and crowd control from established task forces without resorting to precinct manpower. Faced with a similar challenge, however, the small suburban police force would be hard pressed to pro• vide even a fraction of the detail re• quired, without stripping the rest of the community of adequate protection. A solution to the problem may be one that neither deprives the local tax• payer of his normal police protection nor requires an expenditure of addi•

"For a major stadium et'ent . . . as many as 300 people may ',e assigned l,y the pril'ate security contrac• tor to staff the staclillm . ..."

tional funds. The police chief gathers his full stadium detail from off.duty policemen in nearby towns. State police usually handle traffic on State and U.S. highways, which may relieve local police of much of the traffic problem. The stadium involved pays Smartly uniformed women help keep security low­key_ police coverage costs, both local and State. the building of equally huge CIVIC outside gates and on adjoining streets. Generally speaking, in larger cities centers and coliseums in blighted Even if legally permitted, man• .where policemen assigned crowd downtown areas as focal points in power consideratio ns and budget control responsibilities are on regular urban renewal and business revital• pinches often act to limit a police de• tours, stadiums are not required to izing programs. partment's capability for handling reimburse the municipality. However, In most areas, local police have no crowd control outsid e and in for such· at least one big city-owned sports com• jurisdiction inside private premises edifices. plex pays the police department for of this type unless responding to an For a major stadium event, 65 to whatever manpower must be assigned. emergency or arrest situation, and in more than 100 polic emen may be re• Where local ordinances permit and the main perform perimeter duties quired for perimeter duties alone. In on request by stadium management,

February 1977 5 police officials occasionally will des- tains that general fan behavior today control the misuse of bottles and ignate an experienced private guard is worse than ever. as missiles. as a special officer with limited arrest In a survey conducted by a research Team officials regret the powers at a specific post outside the unit that studies and reports on crime- majority of well­behaved patrons stadium, perhaps directing adjacent related matters in the private sector, be subjected to polite package street traffic. However, the individual it was reported that 12 of 17 major ing along with the potential trou will be trained by State or local po- league team executives in various lice to understand and respect the lim- sports agreed their biggest security "Stadium management its of his authority. headache is the disorderly patron. blmltly maintains 'hat gcn• Where a stadium is owned and op- In their view, he is cral fan lJeilallior today is erated by the municipality, a small • Drinking more than he ever has. lVorse than cL'cr." contingent of police officers is some- • Gambling more. times placed on standby inside the • Posing more of a problem to pro- makers, but for safety's sake, complex on those occasions when tect athletes and game officials can be no exceptions. Package lmmF'I''' trouble is feared, such as at a basket- who incur his displeasure. tion is the most basic of ball playoff game between two bitter • Reacting more abusively and vi- measures. high school rivals. olently than he did a decade ago. Unruly behavior at public events is, Fourteen of the seventeen stadiums Crowd Control of course, not only found among represented in the survey have been younger people. forced to initiate package inspection While the fan may be tougher, Stadium management bluntly main- programs at the gates in an attempt to side the stadium, efforts are made

Inside­park security begins with trim­looking, courteous ticket takers.

6 FBI Law Enforcement Bulletin Unruliness seldom occurs at events such as this flower show. handle security in as restrained and conventionally uniformed guards had turn in the bottle until after the game. unobtrusive a manner as possible. high-visibility posts in an attempt to If this request is refused, the aisle Security people, including large con• deter disruptive behavior. Today, guard is notified and makes a similar tingents of women, are trained to use they stay in the background while the request. The stadium management is tact and gentle persuasion to curb smartly attired crowd control special• informed and, if the spectator still does incidents before they can start. Police ists handle most routine functions. not cooperate, may decide to eject on duty outside are called only when Section jumpers are more likely to him. In that case, two plainclothes be dissuaded when a female usher supervisors, the guard, and the usher "Police are !lull/moned smilingly informs them their tickets . . only when a series of are for some other place. However, if "When arrest!l are 'llade, discrept maneut'ers fails to diplomacy doesn't seem to work, she security ppople are not re• bring unruliness under can signal a guard to come forward. (Jllired to fJe complainants." control." Police are summoned from the out• side only when a series of discreet diplomacy fails and an arrest situa· maneuvers fails to bring unruliness again try to persuade him to behave in tion occurs. under control. a manner that is not disturbing to This new image is even projected in For example, in the somewhat other spectators. If this fails, the su• the style of uniforms now worn by typical case of a spectator who is pervisors try to gently move him. Fi• security personnel. White·gloved men properly seated but is using profanity nally, if he still resists, police are and women are clad in brilliantly and drinking heavily, an usher will called to escort him from the stadium. colored uniforms as elegant as those politely inform him that he is creating Security people use force only when for marching bands. Not too long ago, a disturbance and ask him to please somebody has to be restrained from

February 1977 7 physical attack, stealing, or vandaliz• calling them in. Unfortunately, this necessary. Usually, when serious ing property and then they use only has to be done at times, but not with crimes or injuries are not involved, the minimum amount of force neces• the frequency the public oftentimes management is content to eject offend• sary to control the situation_ They are believes_ ing individuals. under orders to remain calm until the For sellout events at a major sta• Obviously, for smooth and effective police arrive, no matter how trying the dium, arrests may average no more public safeguards, police and private circumstances. than 12 to 15, a minute fraction of the security coordination and cooperation The restraint can be rather difficult 60,000 or more in attendance. At are essential. Stadium authorities, at contact sports spectacles, such as events such as symphony concerts and police, and private security officials football, basketball, hockey, and soc• must leave little to chance or the unex• cer games, where the violence on the pected. " •. - for smooth anti (>f• field can affect the behavior of some In preevent and postevent strategy fectil'e puMic safeguards, spectators, notably when their teams meetings, coverage problems are police ami pril'Clte security are doing poorly and they have been ironed out, based on anticipated at• coordination amI coopera· drinking excessively_ tendance, type of event, and possible tion are essential." Drinking may begin on the parking problems that may be encountered. lots long before game time through a Flexibility is the keynote. Assignments popular phenomenon known as "tail• antique and flower shows, a formal ar• outside and in the stadium are gating." This is the expanding prac• rest may not be made all season. Of changed; manpower at other points tice of ticketholders arriving early course, both police and private secu• augmented. Patterns may be changing and partying with food and drink. rity coverage required for culturally constantly, but good planning and Stadium authorities, however, have oriented family events are minimal. coverage minimize surprise elements_ been reluctant to curb tailgating be• When arrests are made, security By working together, public lawen• cause of its substantial benefits in people are not required to be com• forcement and private security con• alleviating traffic and parking lot plainants. A stadium official always tractors are able to employ effective congestion. has the responsibility for deciding crowd control techniques and thus As a rule, police prefer to stay out• when to call the police and therefore keep major instances of unruliness at side unless there is a valid reason for acknowledges he will press charges if big-crowd events to a minimum. @l

FBI CAMPAIGN AGAINST ORGANIZED CRIME

In a continuing nationwide cam• these individuals were prosecuted for organized crime figures have been paign against organized crime, the such criminal acts as loan sharking, convicted as a result of FBI title III FBI concentrated its investigative re• prostitution, mail fraud, and fraud by inve tigative procedures. sources in key areas during the 1976 wire. Recoveries and confiscations The fiscal year highlighted an in• fiscal year. These investigations re• made during FBI raid and arrests of vestigative technique that aided in the sulted in more than 1,300 convictions. organized crime figures totaled a battle against organized crime-the undercover torefront operation. Un• In addition to the 1,300 convictions, record breaking 7 million, an increase dercover FBI Agents, working closely some 1.400 organized crime fi gures, of more than 2 million over the previ• with police officers in New York, Chi• including many in top echelon , were ous year's total. cago, Milwaukee, and Washington, in various stages of prosecution as the Title III of the Omnibus Crime Con• D.C., establi hed legitimate-appearing fi cal year ended June 30. High-rank• trol and Safe Streets Act of 1968, bu iness facilities to penetrate local ing syndicate figures in Boston, Den• which authorizes Special Agents of the crime organizations. Their efforts re• ver, Pitt burgh, New York, Tampa, FBI to obtain court-sanctioned wire· sulted in the arre ts of scores of sus• and other cities were targeted by the taps, a sisted immea urably in ob• pects and the recovery of millions of FBI for investigation. Subsequently, taining convictions. Since 1969, 2,141 dollars worth of stolen items.

8 FBI Law Enforcement Bulletin 11 Viable Police Reserve

By

PAUL H. BOHARDT Chief Administrative Division Dade County Public Safety Department Miami, Fla.

Most police administrators would achieved through an increased agree that the police service has pro• effort on our part. We must forge gressed further and faster within the a police-citizen partnership in past 10 years than any other compo• crime control and we must begin nent of the criminal justice system. by giving more than lip service Contributing to this progression were to the goal of improved commu· the civil disorders of the sixties which nity relations." had a significant impact on research efforts, serving as a catalyst for re• Controlling Crime vised thinking and serious study of the police role and mission. The Dade County Public Safety De• Many concepts and philosophies partment has long recognized the grew out of the various studies. From value of citizen and community in• these, at least one common denomina• volvement with the police and police tor which has been widely accepted activities. In January 1967, it was pro• emerged: Without public support, law posed that the department activate a enforcement cannot succeed. The idea police reserve unit. In the discussions zens of this Nation more fully in that police operate in a vacuum is that followed, Director E. Wilson crime· reduction activities. Every gradually disappearing. Purdy agreed to organize such a unit effort must be made to bring each In the February 1976 issue of the with the following stipulations: FBI Law Enforcement Bulletin, Direc• citizen to the realization that he, tor Clarence M. Kelley calls for as an individual, has a vital role The reserve unit would not be greater citizen involvement in the fight in upholding the law and that it an honorary group of "police against crime: is a role that only he can ade• buffs." quately fulfill." The reserve unit would not be "The American people's long, a social organization. That same month similar thoughts proud heritage of civic responsi• Each reservist would be se• were expressed by Chief Richard C. bility provides a sturdy basis for lected, screened, and given the Clement, then President of the Inter• a national stand against crime• same kind of background check national Association of Chiefs of Po• a national commitment on our as regularly appointed recruit of• lice, in The Police Chief: part to resist crime, as individ• ficers in accordance with the uals, families, and communities. "We need a better working re• State of Florida minimum stand• Toward this end, all possible lationship with the public we ards law. must be done to engage the citi- serve and this can only be Each reservist must complete

February 1977 9 benefits of county insurance, work• men's compensation, and false arrest protection. The overall objective of the reserve program has been the same since its inception: to provide the public safety department with a well· trained cadre of reserve police officers, thereby ex• panding the service capabilities of the department and creating community appreciation of police operations. To further define the position of the department with regard to the police reserve program, the National Ad• visory Commission on Criminal Jus• tice Standards and Goals is cited. "Police reserve forces consti• tute a manpower alternative, not a substitute for trained full· time sworn personnel. They should not be depended upon to serve such a function. Administrators must realize that reserve units ex• ist primarily to supplement regu• A reserve officer on desk assignment at a station. lar sworn personnel and provide a qualified manpower resource to at least 340 hours of training and, reservist a consideration of one dollar assist in emergency situations. If after appointment, continue to at· per year to legally qualify them for their selection, training, and use tend training sessions a minimum are structured to coincide with of 4 hours per month. (The min• this role, reserves may be con• imum standards training law of sidered a valuable addition to the Florida provided for 200 hours of FIGURE 1. public service. Most agencies use training at that time.) GENERAL AREAS reserves at special events, civil Each reservist would be as• OF OCCUPATIONAL disturbances, or during natural signed to the police division in a AFFILIATION disasters, to supplement regu• district operation where he would larly deployed patrol forces. contribute at least 16 hours of County Government/Public Others have expanded the role of police duty per month and would Service the reserve to include patrol, be carefully supervised by a per• Medical Technicians traffic, communications, and manently appointed officer at all Blue·Collar Labor other specialized police func· times. Transportation Industry tions." 1 Reservists would be governed Airline Industry by the same police rules, regula• Sales For all intent and purpose, when tions, and departmental direc• Executive Management on duty, police reserve officers have tives as full·time officers. Accountants functioned with no less authority and County officials readily agreed, and Public Relations versatility than their full·time coun• the county commission passed a reso• Computer cience terparts. They have discharged the reo lution which provided for a pilot reo Educators sponsibilities of their office with full serve officer program to involve no Con truction Trades police authority and have been held more than 50 reservists and 50,000 Food ervice Industry strictly responsible for complete ad• to fund the initial effort. In addition, Medical Doctors herence to the oath of office, whic the commission also voted to pay each binds them to support the Constitu-

10 FBI Law Enforcement Bulletin FIGURE 2. CLASS PROFILE POLICE RESERVE CLASS NO. 10

Starting Date: October 6,1975 Completion Date: June 4,1976 Tot:al Training Hours: 338 Class Strength: 53*

Male 40 Married 35 Female 13 Single 15 Caucasian 41 Divorced 3 Black 2 Spanish 10 Ages: Range Director E. Wilson Purdy 18 to 60 years Average 31 of the United States, "the laws Mode 24 to 27 the State of Florida and all ordi- 18­4 24­4 28­3 promulgated thereunder." 32­3 37­2 54­1 20­4 25­3 29­3 34­2 38­2 60­1 21­3 26-4 30­1 35­2 40­1 of Present Program 23­1 27­3 31­3 36­1 50­2

At the time of this writing, there Height: Range 5 feet 1 inch to 6 feet 2 inches 84 active police reserve officers Average 5 feet 11 inches 39 recruits in training. The train- Weight: Range 105 pounds to 220 pounds period encompasses 340 hours, Average 165 pounds takes 9 months to complete. 4­hour evening classes are con- Prior Military Service: USMC 2 USN 2 USAR 3 each week with several 8­hour USAF 4 USA 6 USCG 2 and range practices con- on Saturdays when the citizen- Educational Attainment: GED 8** B.A_ or B.S. 6 is off his regular High School 29** Master 3 ob. Figure 1 is an occupational pro- A.A. or A_S. 6 Ph_D. 1 on the active police reservists and Occupations: Aircraft Maintenance 2 Retail Management 3 2 is a complete profile on the Da­.:a Processing 1 Mechanic 2 officer trainees. Overall, the Stock Worker 3 Insurance Adjuster 1 officer program is represent a- Flight Engineer 1 Secretarial 6 of a large number of occupational College Faculty 1 Public Utilities 4 professional areas in Dade Sales 9 Cargo Agent 1 Stu.dent 3 Commercial Pilot 1 Pharmacist 1 Carpenter 1 t Benefit Factor Registered Nurse 2 Guidance Counselor 2 Contractor 2 Motor Vehicle Upon graduation from basic train- Tru.ck Driver 1 Inspector 1 police reserve officers are as- TV Writer­Producer 1 Ordnance Technician 1 to the various district opera- Banking 1 Electrician 1 as uniformed officers. Their duty Domestic Engineer 1 t::"~'UJJMUllll1t' : 5 are the same as their counterparts, which are pa- ·Class strength OD!. first day of class. traffic, report writing, and other ··28 of the 37 trainees wilh GED or high school diplomas have begun work toward a coUege degree. law enforcement duties.

11 The basic advantage of the police reserve program stems from the fact that Dade County realizes a minim um of 25,200 man-hours or 3,150 man• days of additional law enforcement expertise per year at a negligible cost to the taxpaying citizen of the county. In addition, the police reserve officer is a representative of the community and a vital link between the police and the community, which is most effective in maintaining a meaning• ful public-police·community relations program.

T ypes of Assignments

Police reserve officers fill a number of varied and diversified assignmentli while on duty. Of course, the ma• jority of assignments fall within the areas of line assignments or police patrol. This is the stated purpose of the program, and as such, police re• serves are most effective in this type of duty a signment. However there are occasions whereby the reservist has certain special capabilities or oc• cupational expertise which would benefit the department if this resource was used to an advantage. Thus, some reservists, upon personal request, are a signed to duties consistent with a particular specialty. At the present time, police reserve officers are as• signed to the following types of duty: Police patroL ______76 Reserve officers have full police authority. Police re erve train• ing taff______2 Police reserve officers are required mated total monthly realization of Foren ic crime lab____ _ 1 police services in the amount of to be on duty for 16 hours per month Organized crime bureau_ 1 12,852. This fi gure is repre entative and to attend a 4­hour in service train• Public information of• ing se ion each month for a total of of services performed by 84 active fice ______1 police reserve officers. (84 officers X 20 hours of obligated time. However, pecial enforcement/ avia• a majority of the current reserve of• 25 hours per month at 6.12 per tion uniL ______2 hour 12,852. ) ficers exceed this requirement. Aver• = County manager's of• age active duty is approximately 25 Over the past 8 year , the police fice ______1 hours per month. re erve program has con istently In translating these services to dol• been impre sive with regard to cost Total 84 lar values, the calculations are based benefit to Dade County. Figure 3 upon the salary of one police officer shows the estimated contribution of Generally peaking, police reserv at 6.12 per man-hour, for an esti• service by reserve officers. offi cer can and will be utilized i

12 FBI Law Enforcement Bulletin complement which totaled 84 male FIGURE 3. ESTIMATED CONTRIBUTION OF SERVICES and female members and covered the BY RESERVE OFFICERS ':' time period of 8 years.

Fiscal Number of Salary Total Questionnaire Results Year Officers Per Hour Dollar Value The following items have been ex- 1968­69 21 $3. 70 23,310 tracted from the mass of information 1969­70 40 4.03 48,360 for the reader's benefit. 1970­71 50 4.28 64,200 The required duty time of 16 hour:; 1971­72 65 4. 70 91,650 has not been met 1 or more months 1972­73 80 4.94 118,560 by 30 active reserve officers, with a 1973­ 74 80 5.56 133,440 total of 108 sessions missed. The pri- 1974­75 80 6. 12 146,880 mary reasons offered for not meeting 1975­76 84 6. 12 154,224 requirements were vacations, business Total 780,624 and/ or job commitments, illness or *All figures are computed at midstep patrolman's salary for the death in tbe family, and authorized fiscal period indicated. leaves of absence from the program. Forty­eight reservists made manda- tory court appearances stemming any assignment which will further persons trained, 143 are still active in from duties as a reserve officer a total he objectives of the public safety de· law enforcement. of 500 times. A total of 800 hours partment in achieving the overall During the years this police reserve was lost from full­time employment missions. program has been active, the average by 35 reservists as a result of these turnover rate was calculated to be court appearances. The average hours Turnover Rate 4.85 percent, which is far superior to lost per man was 10. Eighteen Injuries during duty The public safety department has "During the years this hours were reported by 16 reservists. rained 205 officers since 1968. Many police reserve program has The types of injuries were automo- Ihave left the program for various rea· been active, the average bile (departmental vehicle) , 4 Isons. Primarily, they leave the pro· turnover rate W­as calculated (driver, 1; passenger, 3) ; assault on gram due to conflicts attributed to to be ... far superior to the officer by subjects or injuries suffered heir occupation. However, to date, a tUl'nover rate £or full­time as a result of actual officer­subject total of 59 police reserve officers have police officers.~' contact, 10 ; and other (falling during resigned to go into full· time police foot chase, injuries sustained during 1P0sitions. A total of 31 reserve officers the turnover rate for full·time police rescue operations, etc.) , 4. Ihave been reemployed as full·time officers. This high­retention factor far Four reservists reported a total of officers with the public safety depart. surpasses initial departmental expec- 112 hours lost from full­time employ- ment and 28 have been employed by tations. Those reserve officers who ment as a result of injuries received other police departments in Dade have remained wit:h the program during service as a reserve officer. The County. 0 reservist is considered for have shown a high degree of profi- average hours lost per man was 28. lateral entry into full· time police duty ciency as law enforcement officers. The most common types of inci- with the public safety department un. This past year tlJ.e public safety dents, rated on frequency, in which til he has performed for 2 years in department's training bureau staff reservists reported involvement while the fi eld as a reserve officer. He must, distributed a field questionnaire to off duty were traffic accidents, dis- in addition, be recommended for full· elicit further information concerning turbances, assisting an on­duty officer, time duty by his district captain and the reserve program. This question- assaults in progress, hit and run or be processed through the regular naire was designed to provide addi- driving under influence (DUI), and screening system. The remaining 62 tional facts on how t:he reservists felt breaking and entering offenses. have left for various other reasons. about the program and to possibly The respondents indicated the fol- This, of course, speaks well of the identify problem areas. The survey lowing types of incidents in which reserve program, since out of the 205 population was limi ed to the sworn they were prevented from taking ac-

February 1977 13 tion as a result of being unarmed Fifty-four reserve officers, which is court appearances. (Reservists while off duty: armed robbery, 11; 68 percent of the population surveyed, mally ride or work with fJt:·l1U

"Getting the fundamentals of marksmanship."

14 FBI Law Enforcement BulletIn Several of the reserve officers are employed in the airline industry. methods of gaining community sup• the unit. The dedication of these citi• ates of class No.1, 3 are still active) port for other law enforcement pro• zen-police cannot be overemphasized. was asked what the reserve program grams. Community service programs meant to him. He replied: "I believe are enhanced and strengthened the police reserve program is the best "The Dade County Pub· through citizen participation. Citizen police.community relations vehicle lic Safety Department has self· help programs are likewise more that a police department can employ. found its police reserve unit successful when there is effective com• I have truly been enlightened as to to be an effective method of munity participation in law enforce• what the police problems are. Before enlisting the help of citizens ment. Through citizen and law en• I joined the reserve I believed that I in combating crime. . . ." forcement interaction, crime preven• was as knowledgeable about the police tion programs gain support and ac• as the average citizen but the past 8 ceptance from the community. In ad• Police reserve officers interact di• years have given me an appreciation dition, there is a greater understand• rectly with the community, not only and understanding of the crime prob• ing by the citizen of the role of law as law enforcement officers, but lem that no book, no school, or any enforcement and the mission and ob• through occupational associations and other educational effort could have jectives of the police. professional relationships not readily provided.... I have learned to respect The Dade County Public Safety De• accessible to the average police officer. our police officers and the law they partment has found its police reserve Through these contacts, an attitude of are sworn to uphold." ijl unit to be an effective method of en. community concern is generated to• listing the help of citizens in com. ward law enforcement. FOOTNOTE bating crime and will encourage the In a recent conversation, one of the 1 Police, National .\dvisory Commission on Criminal continued development and growth of Justice Standards and COllis, U.S. Government Print· original reservists ( of the 21 gradu· ing Office. 1973.

February 1977 lS Railroad Crime: Old West Train Robbers to Modern­Day Cargo Thieves

Members of the Union Paciflc "Rangers" led by Tim Keliher

By THOMAS W. GOUGH Staff As istant to the General Director Security and Special Service Depm·tment Union Pacific Railroad Co. Omaha,. Tebr.

16 FBI Law Enforcement Bulletin y new law enforcement offi• the rails were laid westward in the powder or dynamite to blow it open. are genuinely surprised to learn 1860's, railroad law enforcement ex• The resulting blast's magnitude usu• America's railroads employ full• perienced rapid growth and became a ally destroyed the contents of the law enforcement personnel to vital link between the railroads and safe, as well as the roof and sides ""',·,.,t,p"t their interests_ se of person• other law enforcement agencies. of the express car. Pinkerton also rec• in such a role goes back many Pinkerton encouraged the use of to 1855 when Allen Pinkerton burglarproof safes in all railroad ex• "As the rails were laid the distinction of becoming the press cars. By using such a heavy safe, westward in the 1860's, rail• railroad law enforcement officer any outlaws intending to rob the train road law enforcement ex• to protect railroad interests_ As had to use a large charge of black perienced rapid growth "

ommended the employment of express guards heavily armed with high• powered rifles. The infamous "Hole-in-the-Wall Gang" first struck a defenseless rail• road in August 1878, when they held up and robbed a Union Pacific train at a site near Carbon, Wyo. Several days later, the gang reportedly killed two posse members-a deputy sheriff from Rawlins, Wyo., and a Union Pacific detective-who had been III pursuit disguised as prospectors.

"The Wild Bunch"

Probably the most colorful and best known "Wild West" railroad crime occurred on June 2, 1899, near Wil• cox, Wyo. The Wild Bunch, consist• ing of the roughest elements of the Hole-in-the-Wall Gang (primarily Harvey Logan, alias "Kid Curry," Robert Leroy Parker, alias "Butch Cassidy," and Harry Longbaugh, alias "The Sundance Kid"), forced the Union Pacific Overland Limited crew to uncouple the express car and remove it some distance from the pas• senger cars. Once this was done, the afe in this car was dynamited, and in the process, the entire express car was

Fe bruary 1977 17 destroyed. Thereafter, a select group Harvey Logan, the gang leader, was the express car, obtaining $60,000 i of railroad special agents formed a arrested at Knoxville, Tenn., in 1902 20­dollar gold pieces. posse called the "Rangers" and on a Federal charge stemming from Less well known, but every bit chased after The Wild Bunch. another crime. He escaped in 1903 troublesome, were the lone bandi This special outlaw­hunting posse and pulled his last job on June 7, such as "Parlor Car Bill Carlisle," wh (perhaps one of the first "SWAT" 1904. He, along with two other hit the Union Pacific four times. Ca teams) had a specially equipped bag- masked men, reportedly held up a lisle once wrote a Denver newspap gage car designed to carry eight mem- Denver & Rio Grande train near Para- and identified himself as the culpr bers and their horses. The group was chute, Colo. Their only loot consisted after two hoboes were falsely accuse led by a former Lincoln County, Wyo., of a worn gold watch taken from an of perpetrating one of his crimes. sheriff who later became the chief spe- express guard. The next day, members also announced to the newspaper h cial agent for the Illinois Central Rail- of a posse wounded Logan, and he plans for his next holdup, specifyin road. Upon notification that a train reportedly thereafter took his own the train he intended to rob. As a l' robbery had occurred, the Rangers life. suIt, special guards were assigned t were promptly taken to the scene by this train, but Bill disarmed one them near Hanna, Wyo. and the train in their special car. Upon ar- Other Bandits rival, they relentlessly pursued the out- forced him to collect the loot. laws on horseback. There were other gangs, too. Sam Outlaw members of the gang all re- Bass and the "Collins Gang" made a "Shoot Fast and Ride Hard" portedly met violent deaths in diverse big strike against the Union Pacific on locations in Kansas, Missouri, Texas, September 18, 1877, at Big Springs, From the beginning, the railroa Utah, Colorado, and South America. Nebr. On this occasion, they robbed special agents' responsibilities ha

Photo of "The Wild Bunch" taken at Fort Worth, Tex., du"ring the winter of 1900­1901. Standing: Bill Carver, Harvey logan ("Kid Curry") Sitting: Harry longbaugh ("The Sundance Kid"), Ben Kilpatrick ("Tall Texan"), Robert leroy Parker ("Butch Cassidy"!'

18 FBI Law Enforcement Bulleti Express car blown up by "The Wild Bunch" at Wilcox, Wyo., June 2, 1899.

similar to those of public law en• Association of American Railroads Basic law enforcement subjects cov• protection of society (AAR) rational Railroad Police ered include: Criminal law, mechanics (both life and property) and the pre• Academy at Jackson, Miss., to provide of arrest, crime scene search, coor• vention and detection of crime. The formal law enforcement training for dination with other law enforcement railroad special agent was a colorful new personnel. The director of train• agencies, and firearms proficiency_ of the old Wild West. Being able Academy instructors include enforce• shoot fast and ride hard were im• "The railroad special ment and security experts from the .r..~rt'~nt skills in the late 1800's. In ad• agent was a colorful part of various railroads, as well as represent• dition to train robbers, there were the old Wild West." atives of the Mississippi State High• also station holdup crooks, pickpock• way Patrol and special agents of the con men, and bootleggers to con• ing of the AAR's Police and Security Federal Bureau of Investigation_ with. Because of his mission in Section coordinates entry level and While attending the academy, rail• such problems, the railroad advanced law enforcement training re• road special agents participate in a special agent of the old West was con• lated to railroad needs. Approximately particularly excellent firearms training sidered as nearly a duly commissioned 500 railroad police attend training at program_ Many railroads require their law enforcement officer as is his mod• this academy each year. It is located at special agents to fire a minimum score ern-day counterpart. the Mississippi State Law Enforcement of 60 out of a possible 100 on the Officers' Training Academy, one of the Practical Pistol Course during the Modern Railroad Police finest institutions and facilities of its training. This stimulates many special type in the country. agents to become interested in com• The railroad special agent of today Railroad police students attend two petitive combat shooting, and several is educated and well trained and 2-week sessions covering areas ger• railroads are usually represented at equipped. Many railroads utilize the mane to railroad law enforcement. police pistol competition champion•

February 1977 19 ship matches held each year at Jack• tram mg. In California, the Commis· sibilities include the protection of per• son, Miss. sion of Police Officer Standards and sonnel, cargo, and property. Investi Another training medium is the In• Training (POST) issues a basic POST gations relating to thefts of cargo ternational Railroad Police Academy certificate to railroad special agents burglaries of company property, an Course. This consists of a 2·week ses• successfully completing the Southern acts of vandalism occupy most of th sion designed for management-level Pacific Railroad's 240·hour academy. agent's time. However, train derail personnel held annually in Chicago This certificate indicates that the ments, extortion attempts, crimes 0 for the past 26 years. Training time holder has completed the necessary violence, and many other felony an is divided between a comprehensive basic training required for a law en• misdemeanor crimes that involve rail review of the state·of-the·art of rail• forcement officer in that State. road interests are also investigated b road law enforcement and manage• railroad special agents. ment training. Responsibilities Theft losses from rail shipments i Various States specifically recog• 1974 amounted to $15.2 million an nize individual railroad's efforts in The railroad special agent's respon- "Theft losses from rail shipments in 1974 amount• Boxcars are usually sealed with a small metal seal which provides proof-of-Ioad security only. ed to $15.2 million and in Some form of additional security is usually applied, and in this case, a 60-penny nail is 1975 rose to $20.7 million." applied to the door hasp to prevent easy entry.

in 197~ rose to $20.7 million. It rna} be surprising, but often cargo wort thousands of dollars is loaded on on coast and transported across the coun try protected only by a small an fragile metal seal. The seal's purpos is to show proof-of-Ioad security only To cover such weaknesses in security railroad police, marketing, and traffic sales departments all work with th various shippers to develop securit awareness. Cargo crime is often re duced after the railroad police hay helped the shipper analyze his trans portation security needs and the ship per has thereafter taken necessary pro tective actions. This analysis include security considerations relating t methods of packaging the product shipping schedules, routes of ship ment, and the de irability of applyin a security device designed to preven casual theft. Frequently, if a thief is smar enough to close the railroad boxca door following a theft, the loss is no di covered until the boxcar reaches it destination. Claims for theft or los are paid by the railroads based on th records maintained regarding the ca seals-from the last good record t the first bad record. "No record" i considered a bad record. Therefore, i

20 FBI Law Enforcement Bulletin ust a few of the various devices used by the railroads and shippers to seal loads, and in some instances, to assist in preventing easy entry. benefits each railroad handling a load prevent theft. Sometimes altering vices also are employed in certain to maintain proper inspection records train schedules or making route instances. concerning such cargo throughout its changes solve particular theft prob• Obviously, railroad special agents transit. lems. cannot provide continuous protection Railroad police provide vehicle and for approximately 2 million freight Cargo Security foot patrols for their yards and indus• cars scattered over more than 200,000 trial areas where freight cars are lo• miles of mainline track. The Eastern Security of cargo is a high­priority cated. These patrols place special em• United States provides the greatest interest of the railroads; however, the phasis on discouraging trespassing security challenge to the railroads as problem must be approached from a on railroad property. In some in• rail yards are often located in densely cost­effective basis. It is often finan• stances, railroads are using dog and populated areas where socioeconomic cially unrealistic to apply $10 worth handler patrols to deter crime in rail• conditions are a factor in breeding of security devices to a boxcar every• road yards. When high-value or risk crime. time it is loaded. loads have to remai n for a period in Hiring security personnel is only By utilizing the computer, and areas with a crime potential, a stake• one aspect of a program for protect• through faster methods of handling out is often provide d to insure their ing cargo on railroad property. The claims, the railroads are identifying protection. Onsite teams may stakeout use of adequate fencing and extensive loads with high-theft risks. They can a particular cargo load or a group of lighting, as well as a program of good then be afforded special security. loads. Remote surveillance can be ac• housekeeping and other measures, can Physical inspection of loads at inter• complished through the use of radio also be complementary theft deter• vals en route helps the railroads iden• transmitters with noise-activated rents. It is recognized that fences are tify theft prone routes and areas where microphones. Closed-circuit television a costly budget item and they fre• special attention must be given to and high-powered infrared optical de• quently stop only the casual thief.

February 1977 21 Fencing of rail yards has proven in• Outsiders Usually Involved tained, agents are assigned to estab effective in some areas as the fences lish where the -theft occurred. Unles have been vandalized or destroyed Other modes of cargo transporta• there is evidence that the load wa faster than maintenance crews can re• tion find that many of their losses are entered where the theft was discov pair them. However, keeping company due to thefts perpetrated by em• ered, there is usually little chance 0 property in good repair with an un• ployees. Railroad thefts, however, apprehending and prosecuting th cluttered and orderly appearance, as usually involve outsiders. This phe• parties responsible as just locatin well as the availability of lots of arti• nomenon may be attributed to the where the crime occurred can be quit ficial light during darkness hours, industry's early development of an difficult. Occasionally when stole have been effective security aids in internal security element and firm sup• cargo is recovered, investigators fin some areas. The brightness and neat port of prosecution of any persons de• they are unable to prove that the carg appearance avoids creating an image termined to be involved in criminal had been stolen from a particular ca which could be capitalized on by acts. because some shippers do not recor would-be thieves. Once a theft from a load is ascer- the serial numbers of the product they ship. This problem can be solve Stealing railcar journal brass has been a source of income for some thieves for many years. The only if the shipper is convinced tha railroad car axle pictured has a brass journal on each end. Pictured are several different accurate documentation is a necessity. pieces of journal brass, and each may weigh from 10 to 30 pounds. Whenever available, serial numbers 0 stolen cargo are entered into the Na• tional Crime Information Center.

Precious Metal Thefts

Railroads are often victims of pre• cious metal thefts which involve losses of copper communications wire and railcar journal brass. Often, the same thieves that steal copper wire from telephone and electric companies also steal it from the railroads, who utilize extensive telephone networks and rely on thousands of miles of communica• tion lines to relay train signals. Stealing journal brass requires more effort on the thief's part than snipping copper wire. Brass thieves re• move journal brass bearings from the car wheel axle by lifting the car to re• move the weight from the axle. After removing the journal brass, it is u ually sold for scrap. The initials of the railroad in taIling the brass are always tenciled on it. Fortunately, this type of car axle is being replaced by new roller bearing equipment, and such actions should eventually elimi• nate this particular theft problem.

Support From Others I The railroads greatly appreciate the; support received from public lawen-

22 FBI Law Enforcement Bulletin broke this van window with a rock. Railroad personnel record the damaged load, make temporary repairs, and attempt to stop any acts of vandalism observed.

agencies. America's esti• tion of American Railroads, through crime from yet another angle-by par• 4,500 railroad police could not member railroads, participates in vari• ticipation in activities of the Ameri• to protect such a vast" respon• ous national efforts striving to reduce can Society for Industrial Security_ without a tremendous coopera• cargo crime. In this regard, 12 of the Through this organization, profes• effort from all law enforcement anti-cargo-crime "City Campaigns" 1 sional security personnel employed by have active railroad representation on shippers and carriers exchange valu• Railroad agents work closely with their steering committees. able information relating to their FBI on appropriate theft from A representative group of different common cargo-theft problem. shipment cases. As most railroad chief special agents comprise Railroad police also participate in the AAR's Police and Security Section local, regional, and national seminars "The railroads greatly ap• Committee of Direction. This commit• and panel discussions called to discuss preciate the support re• tee provides guidance for the industry various aspects of the cargo problem. ceived from public law And, of course, through informal con• enforcement agencies." and is responsible for arranging the annual railroad police conference held tacts during the transaction of regular thefts and losses of company in conjunction with the International business, railroad police exchange in• are usually within the pur• Association of Chiefs of Police Na• formation with representatives of var• of local jurisdictions, a close tional Conference. This railroad con• ious agencies which have a mutual liaison is maintained with ference provides a medium for top interest in reducing cargo security city and county law enforcement railroad security and enforcement problems. as well as with local prose• people to discuss common problems Public law enforcement agencies as• tors. and to seek sound solutions. sist the railroads in many areas. These On the national level, the Associa• Some railroads approach cargo include investigation of railroad cross• 23 ing accidents, internal crime problems, never ridden a passenger train and locomotive and train has often and vandalism or theft of company yet, surprisingly, some of them will tracted the interest of people of property. not hesitate to hop a freight train and ent ages. Many think it's harmless Without the valuable aid and assist• ride under the dual wheels of a piggy• to see trains run over objects p ance of the public sector of lawen• on the track. This game for many "Strict enforcement of forcement, railroad security personnel trespassing laws and mainte• limited to placing small coins on would have a much tougher job, and nance of a record of previ• track. For others, however, it vice versa. The true value of this rela• ous offenders discourage times progresses to larger objects tionship is mutually beneficial. trespassing and attendant as rail crossties, oil drums, or vandalism." automobiles. Track Illegal Trespassing back trailer mounted on a railroad car. "Riding the rails" is illegal in cause serious train derailments. A traditional area of railroad law most States, and due to this factor and Malicious vandalism of

Train derailments are not as prevalent as they once were. Railroad police with the assistance of local law enforcement agencies provide p tion against looting. enforcement relates to efforts to con• the many serious hazards involved, it signals and switches costs the r trol the railroad-riding hobo or should be discouraged whenever roads million of dollars each knight-of-the-road. The prevalence of possible. and in many instances poses this colorful figure is almost a thing Another form of trespass stems or actual hazards for the train!. of the past. Today's illegal train rider from the urban congestion prevalent dalism to cargo carried by the rai often has a better chance playing Rus• in many regions. Invariably, if people roads is also a serious problem. Th sian roulette as the speed of today's are allowed to travel across, or play total claim payout for cargo vanda trains, combined with the frequent un• on, railroad property, problems will ism exceeds that paid out for actua familiarity of the rider with the train's eventually develop. The excitement of thefts. Throwing of rocks and othe l movement, presents a most dangerous placing objects on the tracks or at· objects at trains is a fairly commol' situation. Many young people have tempting to impede or stop a powerful problem and this sometimes pro

24 FBI Law Enforcement Bu"etitl have jurisdiction for investigating such incidents.

Conclusion

The next time you are waiting for a train to clear a road crossing, remem• ber this article and scan the train with a professional eye. You might see or think of something related to railroad security that hadn't been noticed be· fore. If so, contact the railroad in• volved (many cities are served by sev• eral railroads) and someone will be able to direct you to the railroad po• lice or a special agent or investigator. Most cities with rail yards also have a railroad special agent in residence. Usually the territory between major terminals is assigned to a special agent working out of the major terminal. Where there is a railroad track, some· where not too distant there is usually a railroad special agent assigned. Your input will be appreciated and could contribute to improving the se• curity of an important element of America's transportation system. The railroad police appreciate the frequent assistance they readily re• law enforcement agencies and railroad police in most areas have a close working rela• ceive from various law enforcement tionship. In this scene, two Union Pacific special agents discuss a mutual problem with a Kansas City, Mo., patrolman. agencies. They in turn are willing to assist law enforcement agencies, when• ever and wherever possible, consistent their Statute (title 18, U.S.C., sec. 2153 ), with their railroad responsibilities. the FBI has jurisdiction when a per• Through cooperation and effective son (or persons) willfulIy attempts to, communication, everyone's job in this or actually does, derail, disable, or offenders discourage tres• area is made easier and more efficient. wreck a train engaged in interstate or f@ and attendant vandalism. Pre· foreign commerce. Violations under FOOTNOTE informational programs to the act could also be present under 1 Tn recent years, at Presidential direction, the attending schools near rail U.S. Secretary of Transportation has provided leader· various specified conditions if a per· ship, guidance, and technical assistance in co• s and tracks has been a successful son (or persons) willfulIy damages or ordinating the efforts of Federal agencies and the of preventing railroad property transportation industry in the search {or solutions to attempts to damage railroad property cargo security problems. The railroad police have becoming a playground. When or facilities used in connection with eagerly accepted this help and hs\'c joined with hazards of trespassing and the il• pertinent Federal agencies, State and local officials, interstate or foreign commerce. and various transportation components in a spirit of nature of related activities are If a train is wrecked, disabled, or cooperation in combating cargo crime through a and emphasized, the prob• derailed, regardless of cause, railroad National Cargo Security Program (NCSP). As a key part of the NCSP, the "City Campaigns" seek to usualIy is substantialIy eliminated. special agents provide for security and reduce cargo crime through effective interaction crowd con trol at the scene during and communication between various transportation industry elements and the diverse levels of law Wrecks these serious situations. They also, of e nforcement including prosecution components. Cities course, offer their assistance to ap• participating are major ones with significant transpor. tation industry concentrations and attendant security Under the Federal Train Wreck propriate public officials who may problems. ebruary 1977 25 WARNING FOR UNDERCOVER OPERATIVES

Undercover narcotics deputies of the Los Angeles County, Calif., Sheriff's Department have encountered a number of transmitter detectors similar to the device depicted in the photographs below. Such a unit is specifically designed to detect small transmitters concealed in a room or on a person. Although the device must be placed quite close to the hidden transmitter in order to detect it, this type of detection device reportedly works remarkably well. Recovered units appear to be well made, possess good circuit boards, and are apparently being semi­mass produced. In planning undercover operations wherein body transmitters are to be utilized, plans should include adequate and prompt response and rescue options should the transmitter be discovered on the undercover officer through use of a transmitter detector or other means.

26 FBI Law Enforcement Bulletj Entry Into Premises for the Purpose of Executing an Arrest Warrant

By ~J. PAUL BOUTWELL Spf"eial Agent I .... gal ~ounspl DhTision Fed.·ral Bureau of In,'...stigation Wushington, D.C.

on sider the following hypothetical his authority and purpose, and de- ase: your department has an arrest mands entry. A voice from within re- arrant for Richard Roe and efforts Law enforcement offi· fuses admittance. The officers force o locate and apprehend him have been cers of other than Federal entry, and the apartment is searched nsuccessful to date. An anonymous jurisdiction who are inter· for Roe. elephone tip informs your switch- ested in any legal issue dis· Assume the following factual varia- oard operator that he is currently at cussed in this article should tions: 14 East 14th St., Apartment 3­A, in consult their legal adviser. our city. The operator notifies the Some police procedures (1) Richard Roe is not in the fficer to whom the case is assigned. ruled permissible under apartment, and the officers de- he address furnished is not Roe's ad- Federal constitutional law part. ress of record but that of an unknown are of questionable legality (2) Richard Roe is not in the hird party. The officer, with assist- under State law, or are not apartment, but the officers ob- nee, proceeds immediately to the ad- permitted at all. serve contraband lying on a table- ress furnished by the tipper, knocks top. The evidence is seized, and on the door, identifies himself, states the occupant arrested.

February 1977 27 (3) Richard Roe is in the apart. the lawfulness of the arrest. While the a search warrant may be necessary ment, and the search of his per· entry may not deprive the court of absent exigent circumstances, befor son, incident to the arrest, reo jurisdiction of the person arrested,1 an arrest entry is deemed reasonable veals a loaded gun. While arrest· it may well have adverse effects as far at least in the premises of a thir ing Roe, one officer observes con· as the officer is concerned. The reason· party. A short discussion of what fact traband on top of a chest of draw· ableness of the entry arises in two con· constitute exigent circumstances is in ers in "plain view." The evidence texts: (1) Evidence seized in "plain cluded. In conclusion, the possibl is seized, and the third·party view" is challenged; and (2) a civil legal consequences of our factual hy occupant arrested. suit is brought against the officer for pothetical case are discussed. an alleged abuse of process or viola· The hypothetical case and its num· tion of constitutional rights. ber of factual variations are designed Entry Into Premises To Execut to emphasize the constitutional signifi. Arrest Warrant cance of an entry into private premo "The arrest warrant ises, especially those of a third party, does not represent judicial Majority View in order to execute an arrest warrant. determination that any par• The legal sufficiency of the arrest is ticular premises may be An officer with a warrant for the ar essential. The existence of an arrest entered to execute the rest of an individual may enter upo warrant represents judicial authority warrant." private premises to arrest the individ for the arrest of the person named in ual named therein, if he has reason the warrant. The problem presented in This article discusses the legal prin. able cause to believe that such part 2 our case, however, is with the reason· ciples that govern arrest entry. High. can be found there. An officer seekin ableness of the entry rather than with lighted is a recent case that indicates to make such an arrest may deman entrance to effect the arrest, and us force to enter if his demand is no complied with. 3 If making the deman would lead to the escape of the perso FBI DRIVE to be arrested or destruction of evi dence, or endanger the officer or othe AGAINST WHITE.COLLAR CRIl\IE persons, the demand may be omitted. The FBI reported noteworthy M. Kelley, white·rollar criminals. The arrest warrant, while it rep achievements durin'" fiscal year 1976 whose trademark is the covert crimi· resents judicial authority for th as a result of its national drive against nal act, have mcreased in number arrest of the individual named therein white·collar crime. within recent years, and the r· BI an· does not represent judicial determina lnvee;tigative acromplishments in tiripate e\ en (lnater im e tig ti\{' in· tion that any particular premise rna this field involved, among other, die:· \ olvement in thi area ae; a ree;ult 0 be entered to execute the warrant. Th closure of land frau do:; in Arizona, the Bureau' recruitment of mor{ arresting officer must, normally, mak forged and stolen securitie in iis· Special Agrnt.Accountante:. DirectOl the judgment of whether reasonabl souri, industrial espiona"e in illinOIS, Kelley al",o indicated that FBI Agent. grounds exist for believing that th and "hort loadings of

of dollars in co ts to the American crime of this nature. Ion T thes( arbitrary. It must be supported by ob con umer and the bu inc s ('om· lines, a recenth de\ clopI'd 4-wee~ j ective facts. mUnlty. Tn total. more than 4.600 advanced computer training pro"rarr Courl generally recognize the con conviction re ulted from FBI inve ti· for the Special gent· \ccount nt i flict cau ed by an arrest in privat gation into matter., of thi nature, a offered at the FBI Academy in Quan premises, e pecially when the premise record and an increa<;p, of 856 over tico, Va. Computer dOfumentatioI are tho e of a third party. They at 1975. Durin~ the fi<;cal period, FBI and automated banking proredure tempt to balance competing social in ill\'{' tigatione; of \lhite·collar crime are CO\ cred during Ihi" training, ane terests, which are: (1) The desire t re'iulted in fines. saving • , nd H'CO\ er· a banking environment is Imulalec give the arre ting officer the wides ie totalinA 206 million. an increa e to better pr pare attendee for imes possible discretion in deciding th of II million mer the prcdou )ear. tip-nting fraud agntn I the bankin~ lime and place to make an arrest; an According to FBI Director Clarence community. (2) the need to recognize the privac

28 FBI Law Enforcement Bulleti f premises, and not allow the arrest he acts upon probable cause and missible scope of a search of premises ower to undermine the policies lim• reasonable belief that the party incident to arrest, decreased the incen• ting searches without a warrant whom he seeks to arrest is then tive to use an arrest on private prem• hen urged to require a search war• in such dwelling house. ises as a substitute for a search of ant before entry, most courts have re• Such officer, in seeking to ar• those premises under a warrant used to do SO.5 Reasons given are that rest one charged with crime, rior judicial determination as to whose arrest he is legally author• Minority View robable cause for arrest, the mobility ized to make, may enter and f the person, plus the reasonable search the dwelling house of the An entry into premises of a third rounds requirement before entry, accused, or the dwelling house of party to execute an arrest warrant onstitute sufficient protection of one's any other person when acting in should be made under authority of a rivacy interest An opposite holding, good faith upon reasonable be• search warrant Entry may be without t has been stated, would "encumber lief that the accused is in the a search warrant when the officer is riminal prosecutions with endless liti• house, and this is true whether faced with exigent circumstances and ation with respect to the existence of the owner or possessor dwelling when probable cause exists to believe xigent circumstances, whether it was in the house consents to such the person to be arrested is inside.10 racticable to get a warrant, whether search or not; and when search An arbitrary invasion of the privacy he suspect was about to flee, and the of the home is the "chief evil" to ike." 6 "An arbitrary invasion of which the fourth amendment is di• A case which illustrates the majority the I)rivaey of the home is rected. To prevent such invasions, the iew is Monette v. Toney.7 In that the 'chief e\'iP to which framers interposed a search warrant ase, Mrs. Toney sued the chief of po• the fourth amendment is requirement between private citizens ice, Monette, for unlawful search of directed." and the police, reflecting a belief that, er house. She was awarded a judg• absent special circumstances, the de• ent against the chief, and he ap• by an officer is made in a reason• cision whether the right of privacy ealed. At the time of the search, the ably necessary manner under should yield to a right to enter and hief had in his possession an arrest these circumstances for the pur• search a particular place should rest I'arrant for one Gus elson. Reliable pose only of apprehending the not with the policeman, but with a nformation was received that Nelson person whose arrest he seeks, the disinterested judicial officer whose ap• as then at the home of Mrs. Toney. officer violates no right or law proval for a search could apply only pon recelvlllg this information, and is not liable for damages, to a particular place and after a show• hief Monette, accompanied by two and is not required to have a ing of probable cause.ll While the fficers, went to the home of Mrs. search warrant. . _ . The consti• objective of an arrest entry is an ar• oney. After informing her of the pur• tutional provision against unrea• rest, the arrest can only be effected if ose of their visit, they searched the sonable seizure and search never the subject is first found, and thus a ouse and grounds for Nelson. Mon• intended that the execution of search is a necessary prerequisite to tte did not have a search warrant for criminal process in the appre• the possible arrest. Preference for rs. Toney's home, and there was no hension of persons convicted or prior judicial determination should ndication that she consented to the charged with crime should be control a contemplated entry of a earch. The jury awarded a judgment thereby delayed or hindered. third-party's home, regardless of what o her on the theory that her constitu• Such reasonable search in the due is sought. "1£ the policeman has prob• ional rights had been violated since enforcement of the criminal able cause to believe that a suspect he he chief searched her house without laws of the land is not an inva• wishes to arrest is inside the home, he rst having secured a search warrant sion of the personal security of can demonstrate this to a magistrate he Supreme Court of Mississippi the citizen.S and obtain a search warrant for the eversed the case and held the entry As long as the purpose of the entry suspect. 1£ he fails to obtain a war• nd search of the premises to have has been tied to the arrest, and not as rant, then an arrest entry without a een reasonable. The court wrote: a pretext to j ustif a search and search warrant will be permissible In order to make the arrest of seizure of evidence, the authority to only if exigent circumstances ... ob• a person charged with crime, an enter has gone largely unchallenged. tain." 12 officer has authority to enter and The Supreme Court's decision in A case which illustrates the minor• search any dwelling house, when Chimel v. California 9 limiting the per• ity view is United States v. CraveroY

February 1977 29 In this case, Federal officers had ar• the drugs were seen in "plain view" Other considerations affecting rea rest warrants for three individuals. and therefore reasonably seized. The sonableness of the entry are: They had probable cause to believe court sought to explain in a footnote, (1) Entry was not forcible. 21 that the subjects of the warrant were "Something found in the living room (2) Entry was made in daytime located inside a third-party's premises in plain view would not have been rather than nighttime.22 (an individual for whom they had no admissible because the officers' pres• (3) Length of time the subject warrant). Entry to arrest was made at ence there was improper. Only the has been in fugitive status.23 1:15 a.m. The officers had delayed an legal arrest of Cravero . . . followed (4) Arrest was not planned so as earlier arrest opportunity at a res• by scuffiing sounds, created the 'ex• to take place in certain premises.24 taurant because of fear that an in• traneous valid reason' that in turn formant's identity would thereby be validated the safety check of the bath• jeopardized. One of the individuals room." H The conviction was affirmed. Conclusion­Hypothetical Case named in the arrest warrant was ar• Even in those few decisions which rested in the living room, another in would require a search warrant prior The hypothetical case presented a the doorway of the bedroom, within to entry to arrest, the courts have rec• the beginning of this article raised th reach of a pistol. The pistol was seized. ognized that "exigent circumstances" question as to the reasonableness 0 Scuffiing sounds were heard from an wiII excuse such compliance. the entry to execute an arrest warrant adjacent bathroom. Believing the That determination, as we have seen third individual to be inside, agents depends upon whether or not the offi Exigent Circumstances entered the bathroom and observed cer had probable cause to believe tha another individual for whom no war• Roe was inside at the time the entr The phrase "exigent circumstances" rant existed, with a large quantity of was made. Under the facts hypothe is used increasingly by the courts in cated, he obviously did not. An uncor justifying warrantless arrests or roborated anonymous telephone ti searches. Even those courts which do "Generall), the phrase does not constitute probable cause.2 not require as a matter of law that an [·exigent circumstances'] Therefore, the officer's entry was un officer first obtain a warrant, rely upon can he taken to mean those reasonable. What are the legal conse circumstances which indi• such factors in justifying the officer's quences? cate a need for immediate conduct. Generally, the phrase can be As to the first factual variatio action." taken to mean those circumstances where Roe is not in the apartment an which indicate a need for immediate the officers immediately depart, th action. cocaine. He wes arrested, and the only context in which the reasonable The following factors are significant drugs seized. All three were convicted. ness of the officer's entry wiII be ques in the showing of "exigent circum• On appeal, the court held the delay tioned is in a civil suit against th stances" : in making the arrest was reasonable. officer. Although the officer decides i The arrests made under the authority (1) The crime for which the sub• the first instance whether or not he ha of the warrant were legal. The gun ject is sought is one involving vio• probable cause to believe the subjec seized near the second subject was lence.15 is within the dwelling, this determina reasonable as a search incident to a (2) The subject is currently be• tion is of course subject to judicia lawful arrest. The court noted, how• lieved armed and dangerous. IS review in the event a civil proceedin ever, that the officers were not faced (3) There is a likelihood that the is subsequently brought against th with exigent circumstances and thus subject will flee. l1 officer. they should have obtained a search (4) Hot pursuit.18 As to the second factual variatio warrant before entering the premises (5) Fear that the suspect might where Roe is not in the apartment bu to execute the arrest warrants. The be summoning reinforcement by a "plain view" seizure and arrest 0 entry was therefore unreasonable. The telephone or other means of com• the occupant are made, the court mus court related the officer's entry into the munication, or ordering retalia• examine the lawfulness of the officer' bathroom (where they heard scuffiing tion on an informer.lo presence. It has long been settled tha sounds) to the legal arrest and there• (6) Entry by one believed dan• objects falling in the plain view of a fore justified the bathroom entry as gerous into the home of another officer who ha a right to be in th a proper safety check. Since the offi• believed by t he police not to be in position to have that view are subjec cers reasonably entered the bathroom, league with him.20 to seizure and may be introduced i

30 FBI Law Enforcement Bulleti 26 idence. The officer's determination tection for evidence seized under the 4 Ker v. California, 374 U.S. 23 (1963); American probable cause is of course subject Law Institute (ALI), A Model Code of Pre· "plain view" rule. Arraignment Procedure, Proposed Official Draft No.1, judicial review. The court must de- The minority view as expressed 1972, sec. 120.6(2), captioned "Entry Without Prior e if the officer's presence was law· Demand," earlier, that a search warrant be ob· 5 United States v. James, 529 U.S. 999 (5th Cir. 1. If the entry was unreasonable, it tained before entering premises to 1976); United States v. Titus, 445 F. 2d 577 (2d uld not be said that he is "lawfully Cir. 1971). execute an arrest warrant, absent exi- 6 United States v. Watson, 423 U.S. 41I, 423­424 esent," thus, the seizure is unrea- gent circumstances, raises the serious (1976) . nable and the arrest on which it was 781 So. 593 (1919). question of whether adequate proce. 8 Id. at 593­594. sed would be illegal. dures currently exist to obtain a search • 395 U.S. 752 (1969). In the third factual variation where ,. Fisher v. Vol" 496 F. 2d 333 (3d Cir. 1974); warrant when the thing to be seized is Government 0/ Virgin Islands v. Gereau. 502 F. 2d e is present in the apartment, the a person rather than property. Most 914 (3d Cir. 1974); United States v. Cravero, 536 urt must address the lawfulness of F. 2d 637 (5th Cir. 1976); England v. People, 488 P. States limit the permissible objects of 2d 1317 (Okla. Cr. 1971). arrest. Here it was sanctioned by search and seizure to property. Only 11 United States y. U.S. District Court, 407 U.S. arrest warrant. The seizure of the 297 (1972). two States­Delaware and Vermont- 12 United Slates v. Cravero, 536 F. 2d 637 (5th Cir. was justified, not under the authorize the issuance of search war· 1976) . lain view" doctrine but as a search 13 Id. at 647. rants for persons for whom an arrest 14 Id. at 649, footnote 38. cident to a lawful arrest. The Su- warrant has been issued.28 15 Dorman v. United States, 437 F. 2d 385 (D.C. Cir. 1970); People v. Brad/ord, 104 Cal. Rptr. 852 Officers should stay alert to any (Cal. 1973). development regarding a search war· 16 United States v. James, 529 F. 2d 999 (5th Cir. ""I\1ost States limit the per- 1976); Rodrigue, v. Jones, 473 F. 2d 599 (5th Cir. rant requirement, absent exigent cir· missible objects of search 1973) . cumstances, before entering to make 17 Dorman, supra; McKinney, supra. and seizure to property." 18 Warden v. Hayden, 387 U.S. 294 (1967); United arrest. When in doubt, the best advice States v. Santana, 49 L. Ed. 2d 300 (1976). is to check with your legal adviser. 19 Cravero, supra. eme Court has held that items seized f@ 20 CrafJero at 647, footnote 30. FOOTNOTES 21 Dorman, supra. warrantless searches incident to ~2 ALI, supra, sec. 120.6(3) entitled "Special 1 Frisbie v. Collins, 342 U.S. 519 (1952). See also Restrictions on Arrest! at Night." ful arrests are admissible. Such United States v. Cravero. 536 F. 2d 637 (5th Cir. ZI Brown, supra. arches are considered "reasonable" 1976); Gerstein v. Pugh, 420 U.S. 103 (1975). 2' James, supra. 2 United States v. Shye, 492 F. 2d 886 (6th Cir. fourth amendment terms because 1974); United States v. Brown, 467 F. 2d 419 (D.C. 15 Lankford, supra. ey are necessary to protect the ar- Cir. 1972); United States v. }\;[cKinney, 379 F. 2d 26 Harris v. United States. 390 U.S. 234. 259 (6th Cir. 1967) ; Lank/ord v. Gelston, 364 F. 2d Zi Chimel, supra. sting officers' safety and prevent the 197 (4th Cir. 1966); United Sta tes v. Hall, 348 F. 2d '8 Del. Code Ann. Title ll, .ec. 2305 (Supp. 1970) ; ncealment or destruction of evi· 837 (2d Cir. 1965). VI. Stat. Ann. Title 13, .ec. 4701 (Sub. 1971). ALI. 27 3 Sabbath v. United States, 391 U.S. 585 (1968); supra, sec. 210.3(d). entitled "Permissible Objects nce. On the other hand, the seizure title 18 U.S.C. sec. 3109. of Search and Seizure." the contraband could be justified ly under the "plain view" doctrine. in the second factual variation, ch a seizure depends upon the lawful AGGRAVATED ASSAULTS INCREASE esence of the officer. The fact that 45 PERCENT SINCE 1970 e subject was found in the apart. ent could not be used to justify the In calendar year 1975, there were Law enforcement agencies were rest entry since the reasonable an estimated 484,710 aggravated as· successful in solving 64 of each 100 ounds determination depends upon saults in the United States, a figure cases of aggravated assault reported at facts were known to the officer comprising 47 percent of all crimes of and persons under 18 years of age fore the entry was made. violence reported. In one·quarter of were identified in 11 percent of the The obvious point of this hypo- the serious assaults reported, a fire- clearances. Due to the nature of these etical case is to illustrate the consti· arm was used, and in almost one·half, offenses, arrests are frequently made tional significance of developing a knife or other cutting instrument, upon the response of patrol units to obable cause before any arrest blunt object, or ot}Ier dangerous the scene, a situation traditionally try is made. Careful application of weapon was utilized _ The summer hazardous to the officers. During the e probable cause standard to arrest months recorded the highest frequen. period 1966­75, 157 officers lost their tries will not only protect the arrest· cies of aggravated assault. This 1975 iives responding to disturbance·type g officer against potential civilliabil· volume is a 45·percent increase over calls, which frequently involve family but also will afford the best pro· 1970. or neighborhood arguments. ebruary 1977 31 Race ______White. Nationality__ American. Occupa• IWANTED BY THE FBI I tions ____ Auto salvage yard worker, custodian, electrician, paint• er, salesman, weld· er. Scars and Marks ___ Scar on left side of chin. Social Secu· rity Nos. used _____ 467-94-1280, 467-94-1290. FBI No. ____ 199,981 IA. Fingerprint Classification: 26 L 9 RIO M 12 MIUOIO NCIC Classification: 265513PM121313081413

Caution Photograph taken 1975. Photograph taken 1973. Magouirk is a psychiatric ward escapee who at the time JAMES PAUL MAGOUIRK, also known as James Paul Bond, of his previous arrest barricaded James Allen Lee, Louie Beaman Lefevre, Jr., Ted L. Maddox, himself in a dwelling while James Paul Magourik, Jim McGuric, Keith Lee Richards, J. threatening suicide. He should White, "Hot Rod" be considered armed and dan• gerous, possibly psychotic with Prosecutio~rand Unlawful Interstate Flight to Avoid Theft suicidal tendencies. James Paul Magouirk is cur• was arrested by the FBI and rently being sought by the Fed• Shreveport, La., authorities and eral Bureau of Investigation for charged with kidnaping. He unlawful interstate flight to escaped from the Confederate avoid prosecution for grand Memorial Hospital in Shreve• theft. port on April 14, 1975, at which time he commandeered a taxi Left index fingerprint. The Crime cab and severely beat the cab driver with a railroad spike. He Notify the FBI On May 27, 1973, Magouirk then allegedly drove the stolen was arrested in Los Angeles, vehicle to Houston, Tex., where Any person having informa• Calif., and charged with grand it was found abandoned. tion which might assist in locat• theft. When he subsequently ing this fugitive is requested to failed to appear for trial, a Description notify immediately the Director of the Federal Bureau of Inves• bench warrant was issued for his Age ______25, born July 26, arrest. Later, on December 17, 1951, Olney, Tex. tigation, U.S. Department of 1974, a Federal warrant was Height _____ 5 feet 8 inches. Justice, Washington, D.C. issued at Los Angeles charging Weight ____ 150 pounds. 20535, or the Special Agent in Magouirk with unlawful inter• Build ______Medium. Charge of the nearest FBI field Hair ______Brown. state flight to avoid prosecution Eyes ______Brown. office, the telephone number of for grand theft. Complex• which appears on the first page On April 10, 1975, Magouirk ion ______Medium. of most local directories.

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