L nfo~ ellJent Bulle

CONTENTS FROM THE DIRECTOR-illS THE FBI OBSOLETE?" An address before the Los Angeles World Af• fairs Council.

THE CANINE CONNECTION, by Joe M. Schultea, Sr., Chief of Police, Village Police Department, Houston, Tex. 5

OHIO STATE TROOPERS SHAPE UP, by Col. Adam G. Reiss, Superintendent, Ohio State Highway Patrol, Columbus, Ohio 8

PERSONALITY RECONSTRUCTION FROM UNIDEN• TIFIED REMAINS, by Donald G. Cherry, Police Artist, Metropolitan Police Department, Wash• ington, D.C., and J. Lawrence Angel, Ph. D., Curator of Physical Anthropology, Smithsonian Institution, Washington, D. C. J2

THE TRAFFIC OFFICER AND THE MOTOR VEHICLE VIOLATOR, by Capt. Rodney L. Varney, Director of Training, Stamford Police Department, Stam• ford, Conn. J6

RECOGNIZING THE CHILD ABUSE SYNDROME, by A. Jay Chapman, M.D., Chief Medical Ex• aminer, State of Oklahoma, Oklahoma City, Okla. 22

STUDENTS AND THE FOURTH AMENDMENT: SEARCHES IN SECONDARY SCHOOLS (Conclu• sion), by Donald J. McLaughlin, Special Agent, Legal Counsel Division, Federal Bureau of In• vestigation, Washington, D. C. 27

WANTED BY THE FBI 32

•D.e. THE COVER This month's cover features a drug detection dog and his handler, an officer of the Village Police Depart• ment in Houston, Tex. IS THE FBI OBSOLETE? *

When men become angels and nations abolish international hos• tility, when corruption and crime are banished from the earth, then the FBI will be obsolete. Indeed, all law enforcement and most gov• ernmental functions will become obsolete. In the meantime, however, the FBI must continue to discharge its responsibilities in the areas of criIne and national security. And our Government must maintain domestic tranquility and guard against foreign aggression.

I do not mean to imply that the FBI. operations-the allegations and reve• future of our Nation rests solely That mandate should be in the form lations_ upon the FBI's ability to combat of a legislated charter clearly deline• You know most of our problems crime and to provide domestic se• ating the FBI's responsibilities and stem from the FBI's handling of its curity and counterintelligence services investigative options in the areas of domestic security and intelligence re• to our Government. domestic security, foreign intelli• sponsibilities in past years_ But for some 50 years the FBI has gence, and foreign counterintelli• And it's certainly no secret that new been the agency our Government gence. restrictions have been imposed on our consistently has pressed into service In our criminal work, Federal stat• activities and techniques in those during times of national crises involv• utes, rules of criminal procedure, and areas-restrictions emanating from ing civil strife, terrorism, and foreign• judicial decisions provide distinct my office, from Congress, the White based subversion. areas of jurisdiction and avenues of House, and the judiciary_ And if the FBI is to be called upon investigation. But that is far from the More restrictions may be forthcom• in the future to help put out such case in the murky intelligence field. ing_ fires, then there is an urgent need that And it is high time the American Many proposals have been made, has been too long ignored. people and their elected representa• including at least one which would Continued disregard for that need tives come to grips with the problem. put us out of the intelligence gather• could result in a less effective re• There is no need for me to parade ing business completely. sponse from the FBI the next time the before you all the problems that have If that is the will of the people, so national fire alarm sounds. buffeted the FBI during these extraor• be it. The need of which I speak, and dinary years since Watergate. I don't think it is. I think most which gives rise to my concern, is the You're aware of the exhaustive in• Americans recognize the importance need for a modern mandate for the quiries that have been made into our of our security and intelligence duties. It's a difficult, demanding, and out a charter spelling out what is a document sanctioning extralegal often thankless job for the Agents in• expected of it. activity by the FBI. volved. Never again should the FBI be Give us a charter spelling out ef• Their hours are often long and un• handed such monumental responsibil• fective measures that are lawful, and certain. They are under tremendous ities as it was handed in the riot-torn we will abide by it. pressure to effectively cope with ter• 1960's and early 1970's without But let there at least be a clear pro• rorist and foreign intelligence agents clearly defined guidelines. cedure for obtaining authority to i while meticulously following all the ever again should other key ele• take appropriate action when action rules in every situation they handle ments of Government leave the FBI is needed. day by day. Sometimes the rules are to improvise its own policies and Let there at least be a charter that changed, and they must adjust their techniques when bombs are bursting clarifies the scope of the FBI's respon• techniques accordingly. and buildings are burning on cam• sibilities in the more obscure areas Most of their successes in the for• puses and in urban areas- when the of dome tic intelligence, foreign in• eign counterintelligence field must lie public, the news media, and public telligence, and foreign counterintelli• forever buried beneath a blanket of officials are clamoring for an end to gence. security. Their misj udgments, on the it. For too long the FBI has been com• other hand, may well be splashed Never again should FBI Agents be pelled to draw authority from Presi• across tomorrow's front page. placed under such tremendous pres• dential directives and Executive or• The consequences of these Agents' sure to act in the absence of explicit ders originally intended to meet success or failure in the fields of ter• lawful authority. urgent, specific needs at a given time rorism and foreign counterintelli• of national crisis, particularly in the gence could conceivably be mani• area of domestic security. fested in the kind of lives future gen• The history of the FBI's involve• erations of Americans will live. :;' This is an address given by ment in intelligence matters is clo ely We Americans have lived in a the Honorable Clarence M. interwoven with peaks and valleys in democracy and a system of free en• Kelley, Director, Federal the national mood toward domestic terprise for 200 year ; but it would Bureau of Investigation, be• security. be folly to assume every country in fore the Los Angeles World It began, perhaps, in a peak period, the world is now content to let us AfTairs Council, Los Angeles, when the Bureau of Investigation, continue to do so for another 200 Calif., on May 18, 1977. predece or of the modern FBI, was year . given foreign and domestic security I have said before, and I now re• re ponsibilitie during World War I. iterate, the intelligence initiative of In 1917, Congres enacted the e• the Communi t powers against the These things can be avoided. And a lective ervice and Training Act, the United States continue unabated. legislated charter, a modern mandate, Espionage Act, and the Trading with Communist doctrine is such that, de• could go a lQng way in accompli h• the Enemy Act, followed in 1918 by spite any progress in, for example, ing that. the abotage and Deportation Acts. arms limitation talks, the Communist Attorney General Bell i in full ac• Responsibility for enforcement fell, "wars of liberation" probably will cord that uch a charter is needed. He for the mo t part, upon the Bureau continue throughout our lifetime and already has instructed that a com• of Investigation. for generation to come. And the term mittee begin work on a proposed Very oon the Bureau and the At• "wars of liberation" translate all too draft. The FBI is repre ented on that torney General were in hot water. ea ily, for some, into "campaigns of committee. The incumbent Attorney General, terrorism. " What should that charter provide? Thoma W. Gregory, and the Chief. And we Americans mu t ee things How broad hould it be in scope? of the Bureau, A. Bruce Biela ki, con• as they are, not as we would wish How detailed should it be in it pro• ceived what they felt wa an answe~ them to be. vision ? Should it contain procedures to a manpower problem. The Ameri• While we are reaffirming the indi• to enable the FBI to act, with appro• can Protective League (APL), com• vidual's right to privacy, while we priate authorization, when extraordi• po ed of well-meaning, zealously pa• are instituting, quite properly, firm nary circum tances demand prompt triotic, private individuals was forme mea ures to assure that the FBI toes action a they did in the 1960's? Let a a citizen auxiliary to "assi t" th the line of legality, let us also hammer there be no mistake, I do not advocate Bureau of Jnvesti o-ation. But also, ad

2 FBI Law Enforce ment Bulletin hoc groups took it upon themselves to In October 1920, a young lawyer But by the early 1930's, with big investigate what they felt were un• named John Edgar Hoover wrote a trouble brewing in Europe, Congress American activities. report to the Attorney General on the was anxious to launch the FBI into Despite good intentions supported activities of the operations he headed, domestic intelligence investigations by many Americans, one of the sad the Department's General Intelligence against both Communist radicals and results was the denial of constitutional Division. He outlined the expansion the Nazi movement in the United safeguard , not to mention adminis• of that division's work to include gen• States. The new Director of the Bu• trative confusion. eral intelligence work. And he pointed reau, J. Edgar Hoover, pointed out There was mass deprivation of out the need, in the absence of legis• that there were no criminal statutes rights in the deserter and selective lation, to enable the Federal Govern• which could provide a prosecutive service violator raids in New York ment to adequately defend itself and basis for such investigations. and New Jersey in 1918, when 35 its institutions from both aliens and But in 1934, President Roosevelt Agents assisted by 2,000 Protective citizens who engage in "unlawful directed that "a very careful and League operatives, 2.350 military per• agitation_" searching investigation" be made of sonnel, and several hundred police He also stated very clearly that the the Nazi movement in the United rounded up 50,000 men without war• Bureau of Investiga tion was collect• States. The only statute on which rants or sufficient probable cause for ing information that was being used such investigation could be pegged arrest. by the General Intelligence Division was the Immigration Law. N everthe• Following World War I, the great as pure and valuable intelligence in• less, the Bureau's field offices were in• "Red Radical Scare" developed from formation to assess internal domestic structed to conduct intensive investi• problems in the aftermath of the War radical activity as early a 1919. gation of the Nazi group "with and the Russian Revolution of 1917. But once the radical fires had been particular reference to the anti-radi• Violence and anarchism associated put out, passion for resolute govern• cal activities and any anti-American with the activities of "radicals" had ment action also cooled. The "Red activities having any possible con• the Government and the public on Raid " generated a storm of criticism, nection with official representatives edge. The Bureau, along with the De• including an investigation by the Sen• of the German government in the partment of Labor, which had juris• ate Judiciary Committee. United States." diction over immigration matters, The investigation was unabashedly When Harlan Fiske Stone became again was thrown into the breach. an intelligence operation designed to Attorney General in 1924, he put the And Bureau Agents were instructed keep the Attorney General and the Bureau of Investigation's work on a to conduct "vigorous and compre• President informed of Iazi activities purely statutory basi . He pointed out, hensive" investigation of "anarchistic in our country. And the targets were quite properly, that "The Bureau of and similar classes, Bolshevism, and both aliens and American citizens. Investigation is not concerned with kindred agitations advocating change The 1934 directive restricted in• in the present form of government by political or other opinions of indi• vestigation to the azi movement; but force or violence, the promotion of viduals. I t is concerned only with such in 1936, as the result of further Pres• sedition and revolution, bomb throw• conduct as is forbidden by the laws of idential directives, the FBI launched ing and similar activities." the United States." And he added, an investigation aimed at providing If advocates of civil liberties were again quite proper!y, "When a police President Roosevelt with a broad in• speaking out, no one was listening. system goes beyond these limits it is telligence picture of Communist and Although the Agents were told dangerous to the proper administra• Fascist activities in relation to the their investigation should be directed tion of justice and to human lib• economic and political life of the primarily toward aliens for deporta• erty .. _ . " country. tion proceedings, they were told also So for 10 years, from 1924 to 1934, The legal basis upon which that to fully investigate similar activities the Bureau's policy was to refrain wide-ranging, purely intelligence in• of citizens for prosecution under ex• from general domestic security intel• vestigation was launched was an Ap• isting statutes or under any pertinent ligence investigations, except on a propriations Act which authorized legislation which might subsequently very limited basis for specific pur• the FBI to undertake investigations be enacted. po es when the Attorney General and at the request of the State Depart• All this resulted in the much criti• ecretary of State so requested under ment. cized "Palmer Red Raids" of 1919 the provisions of the Appropriations By 1939, world conditions were and 1920. Act. chaotic, and the threat of espionage,

August 1977 3 sabotage, und subversion loomed in "In these circumstances, we must be upon to do so often in our history; the United tates. President Roosevelt certain that every attempt is being but with appropriate safeguards and ordered that investigation of all espi. made to get all information bearing accountability, with appropriate onage, counterespionage, and sabo• upon these problems; to take every checks and balances. tage matters was to be controlled and step possible to determine whether Tever again should the FBI be handled only by the FBI, the Intelli• the rioting is pre-planned or orga• placed in the position of being told, gence Divisions of the War Depart• nized; and, if so, to determine the in essence, "Do what you have to do ment and the avy. identity of the people and interests in• to get the job done. We will worry The President called upon all law vo Ived; and to deter this activity by about the details later." enforcement officers to give the FBI prompt and vigorous legal action." None of u is so prescient as to be any information they received con• If you recall the times, that repre• able to forge a charter that will cover cerning subversive activities. sented quite an assignment. every conceivable national emer• Subsequent directives by President The most recent Presidential Execu• gency. But we should be able to come Roosevelt in 1943, President Truman tive order, issued February 19, 1976, up with a document that will give us in 1950, and President Eisenhower in was aimed at establishing "policies to a solidly legal basis for domestic se• 1953 tended to reinforce the previous improve the quality of intelligence curity and intelligence investigations directives-usually in times of na• needed for national security, to clarify not explicitly covered by existing tional peril: In 1943, during the the authority and responsibilities of statutes. height of World War II; in 1950, dur• the intelligence departments and We should be able to draft a charter ing the Korean conflict; and in 1953, agencies, and to establish effective that provides adequate safeguards and during the Cold War era and enact• (executive branch) oversight to as• accountability, that also provides for ment of the Atomic Energy Act. sure compliance with law in the man• congressional input, so that the FBI In the turbulent 1960's, the Depart• agement and direction of intelligence cannot be pres ured into acting, then ment of Justice issued to the FBI a agencies of the national government." later accu ed of flying solo 30,000 number of directives related to the In addition to this Executive order, feet beyond the barrier of Americans' problem. For example, on Septem• we of course now have the benefit of constitutional rights. ber 14, 1967, a department memo• the Attorney General's guidelines, is• At Attorney General Bell's instruc• sued in March 1976, setting forth randum made mention of the serious tion, the committee that worked so nature of rioting around the country. tandards and procedures for the con• diligently on our new guidelines, also The memorandum instructed that "it duct of domestic security investiga• has begun preliminary work on a is most important that you use the tions. Also the Attorney General's proposed charter. We are most grati• maximum available re ources, inve ti• guidelines for foreign counterintelli• fied by this. gative and intelligence, to collect and gence investigations became effective You may be a ured that the FBI report all facts bearing upon the que • June 1, 1976. will abide by uch a legislated charter tion as to whether there has been or is In addition, the congressional over• a scheme or conspiracy by any group sight we now have should be helpful in every re pect. Hopefully, it will of whatever size, effectivene or affili• in charting a proper course for us in solve a decades-old problem-the ation, to plan, promote or aggravate the security field. problem of the forever shifting atti• riot activity." The FBI shared in the work of tudes toward re pon ibilitie and The memorandum, over the Attor• drafting the Attorney General's guide• capabilitie that hould be given the ney General's signature, continued: line, and they provide ubstantial di• FBI in the domestic security and in• "I appreciate that the Bureau ha rection for us in our day-to-day telligence field . constantly been alert to this problem operations. Thi is not ju t the FBI' problem, and is currently submitting intelli• But they are not intended as a last• it is your problem; it is every Ameri• gence report to us about riots and ing ubstitute for a legi lated charter can' problem. And it is in the na• about the activity of certain group to fill the gaps between statutes, Presi• tional intere t to solve it. and individuals before, during and dential directives, and orders of the Once we have overcome it, I feel after a riot. Indeed, the President ha Attorney General. certain that the FBI will continue to aid both publicly and privately that In any legislated charter there must serve the American people efficientl) the FBI i conducting exten ive and be some provision for the FBI to take and with far Ie po sibility of offend comprehen ive inve tigations of th e efTective action, under extraordinary ing con titutional principles whil matters circumstance, a it has been called trying to defend them.

4 FBI Law Enforcement Bulletin NARCOTICS

CTION

By JOE M. SCHULTEA, SR. Chief of Police Village Police Department Houston, Tex.

5 "Rorne1'''3s ­month"trammg peno'd For the past 2 years, the unlikely began. combination of local law enforcement During this training period, plans officials, concerned private citizens, for implementing the drug detection school administrators, and a very program were prepared and presented special member of the canine world to the Spring Branch Independent have been successfully controlling il- School District Board of Trustees for legal drugs in one of the largest school approval and support. The school districts in Texas_ board enthusiastically endorsed the The need for a K­9 program to de- proposed drug detection program and tect the possession of drugs by stu- began making plans to conduct as- dents in the Spring Branch Inde- sembly programs in each of the 6 sen- pendent School District was recog- ior high schools, 8 junior high nized by the Village Police Depart- schools, 23 elementary schools, and 1 ment, a 20­man law enforcement career center. agency serving 4 municipalities in The program was explained to over the Spring Branch area of Houston, 40,000 students. Another drug detec- Tex_ Although intrigued with the pos- tion dog was used while Romel was Chief Joe M. Schultea, Sr. sibilities of using a trained dog to de- in training, and the assembly pro- tect drugs, the police commissioners gram was instituted with demonstra- dent would be disciplined could not find a way to fit the K­9 tions locating hidden drugs on stage. by the school, if necessary, unit into the department's budget. This program had a twofold purpose: and the parents notified. Concerned citizens were aware of First, to appeal to the student body 2. On a second offense or if .he tremendous drug problems in the to remove drugs from the campuses; found in possession of hard school district. They learned of the and second, to demonstrate the dog's drugs, the student would be desire of the police department to ability to locate drugs. Officers also turned over to police. If he implement a K­9 drug detection pro- contacted PTA leaders and civic was willing to work with the gram and of the lack of available groups to present the program to gain officers by disclosing his funds and formed a nonprofit corpo- community support for the drug de- source of supply, leniency ration to raise funds from individuals tection program. would be considered. and businesses in the Spring Branch- 3. If a student is involved with Memorial area. This corporation drugs the third time, he would agreed to lease the trained dog and an The law of search and be turned over to the proper equipped patrol vehicle to the Village seizure, as relates to student authorities for prosecution. Police Department for $1 a year. lockers, varies from juris- One point strongly emphasized to Dogs with the ability to be trained diction to jurisdiction, as the student body was that it was not in drug detection are rare. Experts noted in "Students and the desire of police to make any ar- in the field of drug detection training the Fourth Amendment." rests, but to remove drugs from the of K­9's claim that only 1 dog out of Therefore, law enforcement school campus. 800 has the ability to respond to this officers interested in the pro- training. cedure outlined in this arti- cle should consult their legal "[I]t was not the desire adviser. of police to make any ar• "Dogs with the ability to rests, but to remove drugs be trained in drug detection from the school campus." are rare." It was explained to the students By the end of the assembly pro- and parents that the program would The next hurdle was to find one grams, Romel was finishing his drug have three distinct phases: of those special dogs. A handler ex- detection training, and the "team" perienced in training dogs for drug 1. The first offense of using or was ready to begin making checks 0 detection for the U.S. Navy helped in possessing marihuana in small the schools. Romel is trained in multi- the initial search. A dog was found quantities would be handled drug detection; he has the ability to with the proper qualities, and by school officials. The stu­ locate marihuana, hashish, barbitu­

6 FBI Law Enforcement Bulletin rates, amphetamines, heroin, and co• that this will not be put on a police distribution, but this captive audience caine. record, but the information is placed can be removed from the pusher's easy After the demonstration to all stu• in the student's official school record. access. If pushers are removed from dents in a given school of junior high The student's parents are notified of the campuses and have to operate out• or senior high level, that school is the incident. siqe, then local law enforcement units subject to periodic unannounced Unless unusual circumstances make can more easily locate their bases of checks by the drug detection team. it necessary, the elementary grade operation. Al 0, the peel' pressure on The checks are not scheduled with the schools are not included in the locker students is greatly reduced because of school principals, so as to take some search program. Elementary students the unavailability of drugs during pressure from them. Since this is a are given the demonstration program, school hours. police activity, disgruntled parents along with a talk about the danger of While there were no plans to have can't blame the principl for harass• drugs, to help prevent them from try• the drug dog earch students, the dog ing their child. When the team ar• ing drugs in the future. does have the ability to locate drugs rives at a school, the officer reports to If the drug dog indicates drugs are on a person. If the dog senses drugs the principal and requests permission in an automobile on the school on a passing student, there may be to make a search. At this time, if the grounds and the school representative cause for the officer to question the principal has reasons for not wanting knows the owner of the car, the stu• student, even if no arrest follows. a search made, he informs the officer. dent is called out of class, told that The reputation of the K-9 team During :1 search of the school facili• the drug dog has indicated something grows rapidly each time illegal drugs ties, a school official accompanies the in his car, and asked for consent to a are located. The reputation of the team. If the drug dog indicates drugs search of the car. Should he refuse, team has produced voluntary and in a locker, the locker is opened by a search warrant must be obtained. anonymous assistance from students the school official, the drugs confis• The main goal of this program i to who support the program. cated, and the student called to the keep drug off the school campuse!' An added plu of the drug team is principal's office and told of finding and to drive pushers from the vicinity. its use on normal patrol duty by the the drugs. The student is informed Schools offer an ideal place for drug Village police. Romel saves many man-hours in searching suspicious Romel attempts to locate suspected illegal drugs, under the direction vehicles for drugs and in searching of his handler. buildings for drugs or suspects. He has been an excellent tool in crowd control and in apprehending fleeing suspects, particularly at night. Romel has the additional capability of tracking lost children, although no occasion for such use has been neces• sary as yet.

"[T] he dog's abilities have been a significant ad• vantage to law "nforcement officers in the fight against illegal drugs."

The unit has worked with the Texas Department of Public Safety and other law enforcement agencies in the area. In every instance, the dog's abil• ities have been a significant advantage to law enforcement officers in the fight against illegal drugs. ~

August 1977 7 PHYSICAL FITNESS

OHIO STATE TROOPERS SHAPE UP

By The physical condition of law en• COL. ADAM G. REISS and the development of training forcement officers has long been a programs. Superintendent major topic of discussion, but gener• The basis for such a program IS Ohio Stat

8 FBI Law Enforcement Bulletin CONVERSION CHART PUSHUPS

NO. 8 9 10 11 PTS. 10 12 14 16 18 20 22 24 26 28

NO. 12 13 14 15 16 17 18 19 20 21 22 PTS. 30 32 34 36 38 40 41 42 43 44 45

NO. 2J 24 25 26 27 28 29 30 31 32 J3 PTS. 46 47 48 49 50 51 52 53 54 55 56

NO. 34 35 36 37 38 39 40 41 42 43 44 PTS. S7 58 59 60 61 62 63 64 65 66 68

NO. 4S 46 47 48 49 50 51 52 53 54 55 PTS. 70 72 74 76 78 80 R2 84 R6 88 90

NO. 56 57 58 59 60 PTS. 92 94 96 98 100

CONVERSION CHART SQUA T ­ THRUS TS

NO. 4 9 10 PTS. o o

NO. 11 12 13 14 15 16 17 18 19 20 PTS. o o 2 5 8 12 15 18

NO. 21 22 23 24 25 26 27 28 29 30 PTS. 22 25 28 32 36 40 43 47 51 55

NO. 31 32 33 34 35 36 37 38 39 40 PTS. 59 63 67 72 76 80 84 88 92 96

NO. 41 PTS. 100

CONVERSION CHART SITUPS

NO . 10 PTS. 10 11 12 13

NO. 11 12 13 14 15 16 17 18 19 20 PTS . 14 15 16 17 18 19 20 21 22 23

NO . 21 22 23 24 25 26 27 28 29 30 PTS. 24 25 26 27 28 29 30 31 32 33

NO. 31 32 33 34 35 36 37 38 39 40 PTS. 34 35 36 37 38 39 40 41 42 43

NO. 41 42 43 44 45 46 47 48 49 50 PTS. 44 45 46 47 48 49 50 51 52 53

NO. 51 52 53 54 55 56 57 58 59 60 PTS. 54 55 56 57 58 59 60 61 62 63

NO. 61 62 63 64 65 66 67 68 69 70 PTS. 64 65 66 67 68 69 70 71 72 73

NO 71 72 73 74 75 76 77 78 79 80 PTS. 74 75 76 78 80 82 84 86 88 90

NO. 81 82 83 84 85 PTS. 92 94 96 98 100

August 1977 9 vealed the officer spends a great deal In order for a physical fitness main• afforded both these elements and in• of time in the patrol car and is faced tenance program to be both beneficial cluded an excellent endurance meas• daily with situations which cause and effective, it must provide a plan urement in a timed l%-mile run. much emotional strain. Also, an Therefore, it was decided to use the above-average number of stress situa• timed l%-mile run as the determinant "In order for a physical tions and physical confrontations pre• for endurance. Scoring was based On fitness maintenance pro• sent them elves. Some specific ex• research completed by Dr. Cooper and gram to be both beneficial amples include the arrest of resisting was graduated for the various age and effective, it must pro• violators, pushing cars, carrying in• groups. Thus, the older officers' per• vide a plan that would evalu• jured at accident scenes, and riot du• formance was not measured on the ate and improve the overall ties. To effectively and safely face same scoring scale as that of younger physical condition." these tasks, both physical endurance officers. and physical strength are necessary. The strength factor, dealing with For this reason, our program was built that would evaluate and improve the upper-body and leg strength, was upon these two dimensions of perform• overall physical condition. Dr. Ken• calculated by pushups, situps, and ance: that is, endurance and strength. neth H. Cooper's "Aerobics" program squat thrusts. An advantage of these

SCORING CHART - ENDURANCE EXERCISE

FITNESS CATEGORY AGE UNDER 30 30-39 40-49 50+

EXCELLENT Under 10: 15 Under 11 :00 Under 11 :30 Under 12:00

VERY GOOD 10: 16-11:00 11:01-12:00 11 :31-1 2:45 12:01-13:15

GOOD 11:01-12:00 12:01-13:00 12:46-14:00 13: 16-14:30

FAIR 12:01-14:30 13:01-15:30 14:01-16:30 14 :31- 17 :00

POOR 14:31-16 :30 15:31-17:30 16:31-18:30 17:01-19:00

VERY POOR 16:30+ 17:30+ 18:30+ 19:00+

SCORING CHART - TOTAL STRENGTH POINTS

FITNESS CATEGORY AGIO UNDER 30 30-39 40-49 50+

EXCELLENT 250-300 225+ 190+ 140+

VERY GOOD 200-249 180-224 150-189 110-139

GOOD 150-199 135-179 125-149 80-109

FAIR 125-149 110-134 95-124 65-79

POOR 75-124 65-109 50-94 40-64

VERY POOR 0-74 0-64 0-49 0-39

10 FBI Law Enforcement BulletIn Each officer is placed within a cate· gory in both endurance and strength. To qualify, the officer must rate "good" or better. The test is read- ministered monthly to those officers who do not qualify in the semiannual testing. As long as improvement over previous performance is shown by an officer, no formal corrective action is required. If no improvement is noted, reprimand action is initiated, first without penalty, and if no improve- ment continues, further formal action is taken, with penalty. Officers who are in some way physi- cally disabled, such as by injury or illness, are not required to participate, but must present a medical release from their physician.

Program Implementation A video tape presentation demonstrates the correct procedure for each exercise. For a pushup to be counted, the chest must be within 3 inches of the ground or floor on the downstroke. The program was first conducted in selected districts on an experimental basis in the spring of 1976. Prior to exercises is that no special equipment 1. Endurance: full implementation of the program or location is needed for them to be Timed run over a 1 ~I:!-mile the following fall, a video tape, fully performed. Both the run and the course. explaining the program, its objectives, strength exercises can be done at home 2. Strength: and the specific exercises, was pro- at the officer's convenience. Situps (arms locked across duced at the training academy and chest) 2­minute time limit. distributed to all patrol posts to be Pushups ( consecutive) no Physical Fitness Maintenance viewed by all officers. time limit. Program The first administration of the test Squat thrusts (4 count) I­min- (fall 1976) was enlightening and en· The physical fitness maintenance ute time limit. couraging, for over 70 percent of the program is designed to test the physi. Scoring is accomplished in the en- officers qualified. Monthly retesting durance test by using a chart divided at the district level reduced the num· "The physical fitness into five fitness categories, excellent ber who have not qualified to less than maintenance program [of through very poor, which are adjusted 10 percent. Extremely encouraging is the Ohio State Highway for age. Each officer is placed in an the enthusiastic support of the pro- Patrol] is designed to test endurance category according to age gram by the majority of officers. One the physical fitness level of and time in the Ilh­mile run. The min- veteran officer, at first skeptical, now all highway patrol officers imum acceptable level is "good." states that he has "never felt better." on a semiannual basis •.••" The strength test is scored using a The program has been accepted, no point conversion chart. Points are penalties have been assessed, and all cal fitness level of all highway patrol added up to give a total strength officers are striving to improve their officers on a semiannual basis and is score. The strength fitness category, physical condition. administered in conjunction with excellent through ery poor, is also Our goal­to have all officers quali- spring and fall firing and riot train- determined for each officer based on fied by the fall 1977 administration of ing exercises at the district level. Each al:;!) and performance levels. Again, the test­will provide documented officer is required to complete the "good" is the minimum acceptable proof that Ohio State troopers are in following: level. ~ape! ~

August 1977 11 FORENSIC SCIENCE

DUring the afternoon of Decem• intensive search produced only a few were forwarded to coauthor Dr. J. ber 15, 1975, the Howard County, strands of long hair, a medium-sized Lawrence Angel, Curator of Physical Md., Police Department received in• sweater, and a few pieces of women's Anthropology at the Smithsonian In· formation that a human skeleton had jewelry-scant clues to the identity stitution in Washington, D.C. After a been discovered in Columbia, Md., in of the decedent, a suspected rape• painstaking examination of the an isolated wooded area adjacent to homicide victim. skeletal remains, it was concluded that an industrial park. Investigators re• The physical remains were taken the skeleton was that of a Caucasian sponded to the scene, located the badly to the office of the medical examiner female, approximately 17 to 22 years decomposed remains, and began a in Baltimore, Md., where the time of of age, who was of less than average search of the immediate vicinity. death was estimated to be from 3 to stature. She had broader than average The crime scene investigation dis• 6 weeks prior to discovery. A sub• shoulders and hips and was believed closed that the skeleton had been sequent review of missing persons re• to be right-handed. Her head and face dragged a few feet from its original ports for the pertinent time period were long; the nose high-bridged. location and was not intact. Police produced no additional clues. Also noted was subcartilage damage theorized that this disarrangement With the question of the victim's to the right hip joint, a condition was the result of animal activity. An identity still unresolved, the remains which had probably caused occasional

12 FBI Law Enforcement Bulletin Donald G. Cherry J. Lawrence Angel

pain and suggested occupational " Obviously, the recon· its established by the anthropological stress. An irregularity of the left struction of a personality study- mainly, the tissue depths and clavicle (collarbone) revealed a involves considerable con• probable placing of eyes, ears, mouth healed childhood fracture. jecture, but with the proper corners, and nasal tip. At the Howard County Police De• blend of science and artistic Although science has not yet en· partment's request, Dr. Angel and skill, it may be possible to abled us to reconstruct personalities coauthor Donald G. Cherry, a police produce a reasonable like• based solely upon the fragmentary re• artist with the Metropolitan Police De• ness of an individual under mains of an individual, scientific ex• partment in Washington, D.C., began certain circumstances." aminations of this nature can some• a social and personality profile of the times provide meaningful indicators deceased based upon an analysis file photographs of the victim's skull of sex, race, age, stature, body build, of the physical evidence obtained in standard eye-ear plane orientation nutritional history, congenital varia• through the crime scene search and were taken. Tracings of the skull were tions, occupational manifestations, related photographs, medical exam• also made. Several meetings between pregnancies, and previous medical his• iner's reports, and reports from the the scientist and the artist insured that tory, such as fractures, dental work, FBI Laboratory. Scale front and pro- the artist remained within the lim- and anomalies, if present. In some in•

August 1977 13 r

Figure 1. Police artist's sketch of facial features recon• Figure 2. Recovered skull subsequently identified as that of structed from unidentified skU. Roseanne Michele Sturtz.

stances, these indications may suggest "Of course, the thorough• On March 17, 1976, the finished personality traits. For example, ness of the crime scene sketch was published in a local news· several healed fractures could be in• search is a critical factor, paper, and police officials immediate• dicative of a hasty, accident-prone for the success of the scien• ly received calls from three readers person; or they may suggest an oc• tist and artist will depend stating that the sketch closely resem• cupational pattern, just as inj uries largely upon the recovery, bled a young woman, Roseanne sustained frequently by cowboys, for preservation, and careful Michele turtz, a friend who had not instance, reveal themselves in calca• analysis of all available been een since Augu t 1975. neal (heelbone), knee, clavicle, and evidence." A search of the Baltimore Police forearm fractures. Department records disclosed that an Obviously, the reconstruction of a largely upon the recovery, preserva• individual of this name had been pre· per onality involves considerable con. tion, and careful analysis of all avail• viou ly photographed (fig. 3) and jecture, but with the proper blend of able evidence. fingerprinted by the department. cience and artistic skill, it may be In the ca e under discu ion, a Rolled fingerprint impressions were possible to produce a rea onable like• ketch (fi g. 1) was prepared after a then compared at the FBI Identifica• ne of an individual under certain cir• deliberate study of the evidence, in• tion Divi ion in Washington, D.C., cumstances. Of course, the thorough• cluding not only the kull (fig. 2) and with the badly decomposed prints ne s of the crime scene search is a keleton, but al 0 the hair, jewelry from one of the victim' fingers, and critical factor, for the success of the sweater, and the area where the reo it was e tablished that the victim was scientist and artist will depend mains were found. indeed Roseanne Michele Sturtz.

14 FBI Law Enforcement Bulletin original fleshy body. If so, this area should be recorded with precise meas• urements and photographed, and if at all possible, plaster casts of the site should also be considered. Through the use of such techniques, valuable clues regarding tissue thickness may be found, indicating whether the de• ceased was plump or thin. Clothing sizes are obviously helpful. If a skeleton is situated on an in• cline, a very careful search should be conducted downhill from the original site since the action of rain, wind, an• imal activity, and even gravity might well cause some parts to separate from the main skeletal frame after the con• necting tissue has decomposed.

"The case in point pro• vides an excellent example of what can be accomplished when the police artist, scien• tist, and investigator pool their talents and experience in a cooRerative effort to successfully reconstruct a Figure 3. Roseanne Michele Sturtz (photo taken July 1975). face, former lifestyle, or personal history-a per• sonality-from skeletal re• lnains." Further investigation by police de• tion should be exercised in the search. The skeletal remains themselves termined the victim was 20 years of Because animals may have disturbed must, of course, be carefully measured age when reported missing in August parts of the body, the search should be and photographed. After the bones 1975. Associates related that, when conducted over a fairly large area. It have been recovered, the ground under she was working as a nightclub danc• may be significant to know that dogs, them should be sifted for additional er, she occasionally favored one leg. It coyotes, or pigs consume bone, while bits of evidence. was further determined that she had rodents gnaw or nibble skeletal re• The scientist/ artist team, having suffered a fracture of the left clavicle mains. Although murderers may scat• made a thorough analysis of the phys• at the age of 6. ter or perhaps burn parts of a victim, ical evidence in its entirety, must then In this manner, the unknown hom• it should be understood that, even strive to recreate a living likeness just icide victim, whose scattered remains after such treatment, enough bone to the point of caricature. had been found on a bleak Decem• fragment may survive to be useful in The case in point provides an ex• ber day 4 months before, received a achieving identification. A victim's cellent example of what can be accom• name and a history. facial features, however, can be recon• plished when the police artist, scien• The lessons learned from this case structed only in circumstances in tist, and investigator pool their talents have meaningfully contributed to the which the skull is virtually complete and experience in a cooperative ef• fields of forensic anthropology and with lower jaw and teeth. fort to successfully reconstruct a face, crime scene technology. When police Depending upon the composition of former lifestyle, or personal history• investigate a crime scene where skele• the ground surface beneath the re• a personality-from skeletal remains. tal remains are located, extreme cau- mains, there may be an outline of the ij)

August 1977 lS Every police officer, in the course of his duties, serves a variety of citi• zens from many walks of life. Among them are the affluent and the desti• tute, the executive and the homemak• er-people of all persuasions. Each person the officer encounters responds to a given situation on the basis of his or her distinct personality, prej• udices, interests, and immediate dis• position. Likewise, as police officers, our re• action to situations is determined by our feelings at any particular mo• ment. Too often, we become the un• fortunate victims of our own precon• ceptions when we fail to approach our daily confrontations objectively. Ob• viously, we must guard against allow• ing personal feelings to interfere in our encounters with the public and shape our public contacts to minimize misunderstanding and to maximize good will. Each positive interaction

FBI Law Enforcement Bulletin By between the police and the public be· CAPT. RODNEY L. VARNEY term "public servant" strongly ap- comes a plus for us. Director of Training plies to our mode of service. Consequently, public relations, Stamford Police Department Since very many encounters with which for our purposes can be defined Stamford, Conn. the public occur in the course of in- as all activity that fosters community vestigations of traffic violations, it is feelings favorable to the police depart. the traffic officer who becomes the ment, is a most important police reo most prominent public relations source. agent of any department. His is a law enforcement function demanding " [P] ublic relations thoughtful consideration. i ~ a most important police With this in mind, let us examine resource." this important police operation, which as a matter of convenience we have Police work, primarily, is a service, separated into four specific stages: and our mission has been universal· The stop, encounter, interview, and ly geared toward the protection of departure. life and property, the prevention of crime, and the apprehension of of- fenders. As police officers, we are The Stop charged with the awesome responsibil. ities of safeguarding human rights. Great care should be exercised when As representatives of the people in our a violation is observed and an offender community, we are committed to pro- pursued. Taking into account weather, tect their safety and well­being. The road, and · traffic conditions and the

August 1977 17 speed and direction of the violator's not only the violator must be alerted, his car radio, engrossed in conversa• travel, the officer must avoid com• but other traffic as welL Of course, if tion with his passengers, or lost in mitting traffic violations himself which the violator refuses to stop or cannot thought. would endanger the public_ The of• be made aware of the officer's inten• Being alert for anything out of the ficer, as well as the violator, is judged tions through desired procedures, the ordinary is very important at this by observers during a pursuit. application of the siren and red lights time. As mentioned earlier, some becomes a last resort measure_ It drivers may panic and stop suddenly. should be remembered that the viola• Drunken drivers have poor reaction "The officer, as well as the tor may not be aware that he has lime and may continue to weave about violator, is judged by ob· servers during a pursuit." committed an offense or may not the highway. Being prepared and al• understand the officer's motives for lowing sufficient space between the the stop_ He may be preoccupied with patrol vehicle and that of the violator In preparing to stop a vehicle, the officer should seek a location that will not place the offender, himself, or Figure 1. other motorists in danger. It is desir• able to attempt to stop the motorist as soon as possible after the vio lation has occurred. Two important reasons for this are: First, so that the violation will be fresh in the offender's mind, and second, so that he will have no doubt as to the reason for the stop. When stopping a vehicle at night, it is advantageous to locate a well-lighted area; the illumination will afford pro• tection against any act of violence the offender may be capable of com• mitting and will provide ample visi• bility for carrying on the interview_ During busine s hours, detaining violators in private parking areas or those of commercial establishments should be avoided_ The officer can alert the driver to his intentions of stopping him by sounding the horn and making exag• gerated motions with his hand. At night, sounding the horn and blinking the headlight should uffice to gain hi attention_ Ordinarily, the use of the siren and overhead red lights in thi ituation should be avoided; too often, they draw unwarranted atten• tion to or incense the driver. Also, the u e of the siren could panic the driver who might lose control of his vehicle, overreact by topping sudden• ly in traffic, or even try to escape. Only on a major highway, with traffic moving rapidly, i the use of the over• head lights uggested, because there

18 FBI Law Enforcement Bulletin is required so that the officer can make whatever adjustments circum- stances require_ Because many municipal roadways are too narrow to permit moving to the left side of a violator's automobile, the suggested procedure is to drive the patrol car directly behind that of the violator. This maneuver denies the offender the opportunity of moving to the right and attempting to flee or cut- ting to the left, forcing the patrol vehicle into the oncoming lane of traffic. After the motorist has stopped his automobile, the patrol vehicle should halt about 2 feet to the left and ap- proximately one car length behind the stopped vehicle. Some departments suggest that the patrol car stop to the rear at an angle, with its wheels turned to the extreme right. (See fig. 1.) This positioning offers the dual advantage of providing protection against the flow of traffic for the emerging officer and affording some cover should the violator be armed Figure 2_ and fire at the officer. Additionally, the angle and distance between the pa- tor. The course may assuredly be al- conduct. The violator, like everyone trol car and the violator's vehicle could tered after he has discovered addi- else, has a unique personality. He may prevent inj ury to the officer should a tional facts related to the violation, but be meek and submissive or antago- passing motorist strike the patrol car he should be prepared beforehand. nistic and aggressive. Self·control pro- while the interview is being con- The plan of enforcement action­ ver- vides an obvious advantage. bal or written warning, a summons, or ducted. After the violator has been stopped, arrest­ should be formulated. The of- The use of the overhead lights after but before emerging from the patrol ficer is dealing with an unknown quan- the violator has been stopped, of car, the officer should: course, depends upon many factors. tity­a human being­a person The location of the stop (near a curve capable of any reaction, and he must (I) Review the elements of the or crest of a hill) and the lighting in exercise care. For this reason, com- violation in his mind in or- the area, as well as traffic, road, and plete self­control, although sometimes der to articulate these ele- weather conditions, must be consid- difficult after a chase, is imperative. ments to the violator and ered. The safety of the officer, the vio- evaluate the course of action. "The officer is dealing lator, and other motorists is the prime (2 ) Request a ational Crime with an unknown quantity• concern. Information Center ( CIC) a human being-a person check regarding the car, in- capable of any reaction, and cluding description and li- The Encounter he must exercise care." cense registration number, One of the most critical stages in Each violation is to be evaluated ob- and notify the dispatcher of any traffic violation situation is the en- jectively. The violator himself may be his location. counter. It is suggested that the officer involved in some sort of emergency, (3) Check that all needed equip- compose himself and decide a course and the officer can never permit per- ment is ready and in his pos- of action before confronting the viola­ sonal feelings to unfairly influence his seSSIOn.

August 1977 19 Upon reCelVIng a response to the ficer should avoid actions which warning. Many departments require NCIC inquiry, the officer should ap• might inflame the violator, such as patrol officers to call the dispatcher proach the violator's car cautiously, leaning onto the hood of his car or with the information for warrant and being prepared for any sudden move• placing his foot on the bumper. Ges• suspension checks. This summons will ments inside the car and alert to any tures which might draw attention to bear mute testimony to the officer's in• passengers. The officer is extremely the violator from passing motorists telligence and should be completed vulnerable to attack at this time. or pedestrians should likewise be clearly, legibly, and correctly. Viola• When approaching the driver, he avoided. Never belittle the driver in tors may take pleasure in displaying should position himself to the rear the presence of passengers or memo poorly written citations to their of the violator's car door, forcing the bers of his family. friends in support of their belief that driver to look over his left shoulder policemen are incompetent. The sum• when conversing. This maneuver, to mons should be completed as quickly the officer's advantage, places the as possible, for unwarranted delay driver in a relatively awkward posi• serves as additional provocation for tion. (See fig. 2.) In addition, the of• the violator. ficer should watch the offender's It is not generally considered ad• hands and be prepared for any sud• visable to have the violator join the den moves he might make. It is impor• officer in his patrol car. Contacts with tant that the officer never lean into him should be kept to a minimum. the car window or place his hands When returning the summons to where the driver can grab them. the driver, the officer should offer the Aside from the safety factor, such tac• violator whatever advice is necessary tics are unprofessional and tend to and explain what is expected of him. antagonize the driver. Orally identifying each document as it is returned tends to lessen the pos• The Interview sibility of any charges being made against the officer. if the offender mis• The interview is the most impor• places or loses them following the tant phase of traffic violation investi• Chief Victor I. Cizanekas exchange. If the motorist insists upon argu• "The interview is the most The astute officer will announce ing, the officer should allow him to important phase of traffic immediately what violation the motor· state his position. Regardless of how violation investigation and ist has committed and state his in• the officer may feel about the viola· will usually determine the tentions. This tactic minimizes bick• tion, he will listen attentively and success or failure of the ering and lessens the possibilities f OI: sympathetically. The officer cannot enforcement action." debate and argument. He will request permit irritating or abusive remarks the violator's operator's license and to influence his decisions; "throwing gation and wiII usually determine the registration and leave the car as soon the book" at a violator serves no success or failure of the enforcement as he receives them. His departure re• worthwhile purpose. The mark of a action. Greeting the violator in a duces the motorist's opportunity for professional requires that he do his courteou and pleasant manner is es• argument. Also, when asking for the job without prej udice or vindictive• sential. The violator-officer relation· driver's document, he will be certain ness. hip should be handled with as little they are relinqui hed eparately. A friction a possible. A pleasant mile license case should be accepted with "The mark of a profes. and attitude are most disarming and the officer's weak hand; the strong sional requires that he do place the violator at ease. Use of po• hand being left free in case it's his jot} without prejudice or lite terms, such as "Good day, Sir (or needed quickly. Should the violator t,inclicliveness." Madam) ," "thank you," "please," and reach into the glove compartment, a "may I," is important. After learning mo t accessible place for weapons or The Departure the violator's name, he should be ad· contraband, the officer must be alert. dressed accordingly. Courtesy in· On returning to hi vehicle, the of• The last phase of this operation, volves more than mere words. The of· ficer should write the summons or the departure, is also important be-

20 FBI Law Enforcement Bulletin cause it leaves the violator with a is harassing him, the officer should been charged with the responsibility lasting impression of the officer. Upon delay his departure from the scene. of enforcing the law, and that, by def- completing the interview and return- The motorist should be allowed to inition, can be restrictive and repres- ing the violator's documents, the of- proceed normally on his way until sive. But, the task will be easier if ficer should assist him into the flow he is out of sight, and then, the of- we maintain law and order through of traffic. To prevent the violator's ficer can resume patrol. willing compliance, rather than forming the opinion that the officer Law enforcement agencies have through the powers of our office. ij)

Foundation Honors Bulletin

VALLEY FORGE HONOR CERTIFICATE

W H ICH ....OTt:CT THE DlCNITY AND FllE.£.DON OF THE IN'DIVIOUAL

...... W...... Goo! . _ .. W..... ",o. · , ~w" . CoIoooo· ...- 01 0.. a...... ·...... ,... ­" ...... --,...... 0.. _ • ...... _- BE IT KN OWN TH AT ..... of~ _ ...... Go .... * ...... ~ ...,.. ow ...... c­p.to, Mob 0 rroIt.

• ...... _eo.,... *1ight1O ....in fw FEDERAL BUREAU OF INVESTIGAnON ­-Nobc...... Goodo ...... o ,.... McNfl... • ...... IMICIQftt TUMI riof ....rro­I """- . GoMIIy...... IS AWARDED T H IS HONOR CERT IFICATE f,MIy • HoMe gad * ligIntolhes.r..iceof _- ~ t _. """"­I. GOVERNMENTAL UNIT ACI1VITIES Prottdor ol'ld ...... * light to Own ....,.... 1976 "- AN OUTSTANDING ACHIEflEMENT IN BRINGING ABOUT A BETTER UNDERSTANDING OF T HE AlItERICAN WA Y OF LIFE.

WASHINGTON'S BIRTHDAY . 1977 FREEOOMS FOUNDATION AT VALLEY FORGE

":: p::.~S:.""-A .... >( .J",,"JE~S"A".:: .... ~.::: ''''AI'''~A'. • .... r ..../~~ r ... ..,:.,,:= ;~ TC '"'ONOR .. B~ '"1 SO""'" EtU"O' .. AR'o' :S~.C.)C· .... "':. :;~ _ ...... ":' S",C:EEu"'­G GE ..... HiATS .... S S .~:. ~t5PC""'SIBL·~ '> E.:"­ ..... _: ... tltw :A'"

In ceremonies at Washington, D.C., on June 7, 1977, the FBI Law Enforcement Bulletin was presented the above honor certificate by the Freedoms Foundation at Valley Forge, Pa. In 1969, the Bulletin was similarly honored.

August 1977 21 CRIME PROBLEM

Recognizing the Child Abuse Syndrome

By A. JAY CHAPMAN, M.D. Chief Medical Examiner State of Oklahoma Oklahoma City, Okla.

I t has been estimated that approxi- abuse is so unthinkable to the vast ma- mately 700 children are killed in the jority of per ons­sometimes even nited States each year by their par- those who themselves are guilty of in- ents or other individuals respon ible flicting injury­ that the syndrome has for their care. 1 This number repre- been frequently overlooked. ents only the extreme situations, with the number of actual child abuse cases Definition many times that figure. Despite its prevalence, the battering or other What is child abuse? The author abuse of children is frequently not re- prefer to think of child abuse as any- ported or even suspected, except in thing not conducive to the well­being the most obvious cases. of the child, and as such, "acts of omi - The medical definition of the yn- ion," a well as "commission," are drome of child abuse and its diagnosis included within this definition. The are relatively recent. In fact, it was not syndrome of child maltreatment in- until 1962 that the term "battered clude those children deprived of the child syndrome" 2 was used, and the neces ities of life through nutritional designation applied solely to the vic- or environmental neglect, as well as tim of physical injury, but carried no too readily accepted the history of those children physically injured connotation of neglect. Many physi- "accident­prone" children. Perhap it (either singly or multiply). Obvi- cian and others in the past have all has been because battering or other ously, discipline is not usually con-

22 FBI Law Enforcement Bull etin sidered maltreatment, if it is condu• be observed and reported. Siblings many clinicians as the "paradox of cive to well-being, but reason must should be observed for injury, nutri• clothes." In these cases, the child has distinguish the point at which "disci• tional status, and their interrelation• allegedly suffered an "accident" which pline" becomes abuse. ship with parents and other siblings would certainly have torn and/ or should be noted. Interviews with soiled his clothing. However, upon neighbors, other relatives, and friends, inspection, the clothing is determined Investigation which can be either of tremendous to be undamaged, and the child, often As is true of any medicolegal inves• assistance or totally misleading, must reportedly "at play" when injured, is tigation of a fatality, only "guide• be evaluated with care. dressed as though en route to SUll• posts" can be established in child day school. abuse cases. Each case involving the "Special attention should death of an infant or child must be as• be paid to explanations The Autopsy sessed individually in order to deter• given for the presence of mine the extent to which the investiga• any obvious injuries and It is of paramount importance that tion will be taken. Appropriate and their sequence or chrono• a thorough medicolegal autopsy be complete documentation of each in• logical relationship." performed by competent personnel in each and every case in which a de• ceased child has not been under the "Appropriate and com• The child's medical history should care of a licensed physician for a plete documentation of be elicited and confirmed by physi• well-documented, fatal, natural dis• each investigation-includ• cians and/ or hospital records. Special ease in no way related to injury or ing photographs, diagrams, attention should be paid to explana• poisoning. This autopsy will docu• anel the results of probing tions given for the presence of any ment any injuries by description, interviews-is 0 f primary obvious injuries and their sequence or photography, and/ or diagrams. When im portance . . . chronological relationship. When the " feasible, total body x-rays should be findings of the completed examination taken to delineate the presence and indicate that the injuries are incon• vestigation-including photographs, age of any skeletal injuries. Special sistent with such explanations, the diagrams, and the results of probing attention should be paid to any pat• need for further action becomes ob· interviews- is of primary importance terned injuries- bite marks, belt im• vious_ and will complement autopsy find• prints, etc.-which might provide ings, regardless of conclusions relat• clues to the object or individual re• ing to cause and manner of death. "The incompatibility of sponsible for their infliction. (See figs. The scene of death should be pre· history and pathologic find• 1-3.) In selected cases, the body may served, and if possible, the patholo• ings is a cardinal sign that be left for a period of time after com• gist should view the body at the scene. one is dealing with child pletion of the initial autopsy exami• Precluding this, adequate documenta• al)use." nation in order for drainage of blood tion must be obtained. Special atten• to occur, so that any existing bruises tion should be directed to the position• The incompatibility of history and may be accentuated_ ing of the body in order to assess the pathologic findings is a cardinal sign possibility of death having been pro• that one is dealing with child abuse. duced by contact with the crib or oth• "The absence of suspi• Other indicators include the finding er objects. Such observations may cion or external injury in no of an unexplained injury, a history of help to indicate a cause of death, way obviates the need for "failure to thrive" with the child reo since in many cases of suffocation, for an autopsy." ceiving no medical care, and exprcs• instance, pathologic findings may be sions of frustrations based upon un• The absence of suspicion or ex• "negative. " realistic expectations of the child• ternal injury in no way obviates the The investigation should reflect the that i , expecting behavioral charac• need jor an autopsy. The lack of ex• socioeconomic status and the physical teristics of which only a more mature environment of the home, as well as its child is capable (such as toilet train• ternal injury may only be the result geographic location_ The relationships ing) _ of application of blunt force through of other family members to each other The investigator should also be padding or over a relatively large and their reactions to the death should aware of an indicator referred to by area_ However, the results of such

August 1977 23 Figure 3. A cigarette burn.

"Special attention should lIe paid to any patterned injuries ...•"

Figure 4. Marked abdominal distention and numerous bruises are present on the abdomen.

Figure 2. The patterned brui e left by an appli. ance cord with which a child was beaten.

24 FBI Law Enforcement Bulletin force will usually be observable in• Microscopic examination of tissue (See fig. 5.) The infant, according to ternally. sections from the abdomen confirmed the parents, had been put to bed with The forensic pathologist faces four not only the presence of acute intes• a "cold" at approximately 9 :30 p.m., primary duties in dealing with al• tinal injuries, which were of less than and was observed by them to be alive legedly abused or battered children. I2-hours duration, but also disclosed at 1 :30 a.m. The child arrived dead They are: (1) To educate lay and intestinal injuries and injuries to the at 9 :30 a.m. There was no other professional people alike, so that cases liver which were consistent with a medical history. of abuse may be recognized and re• duration of 24 to 72 hours and 7 to The post mortem examination re• ported before extremes are reached, 14 days. These injuries could only vealed the presence of no natural thereby enabling corrective action have been inflicted by severe beating. disease process, but confirmed ex• which will foster a more nearly normal The case was successfully prose• treme dehydration and extreme reduc• existence for the child; (2) in cases cuted, and at the trial, the mother tion of fatty tissue. There was no hem• where a death has occurred, to help of the child, having turned State's orrhage or other gross abnormality to insure surviving siblings of protec• evidence, testified that the male living indicate any significant trauma. Mi• tion from abuse; (3) to protect the in the home had kicked the child and croscopic examination revealed no innocent individual who may be ac• that the child had vomited several bruises or tumors likely to have been cused of abuse and held responsible times during the night. She further caused by abuse or maltreatment. Un• for the death of a child; and (4) to testified she had refused to take the doubtedly, this child represented a provide expert opinion and testimony child to a doctor because she was natural death in an extremely poor when necessary. afraid she would lose custody of him. family, who could neither afford nor Case 2: The body of a I-year-old understand the need for medical care. Case Illustrations male was brought to an emergency Case 3: A 2-year-old male was ad• room from a remotely located Okla• mitted to the hospital with severe Case I: A 2I-month-old male wa:! homa farm. The family was described scalding burns covering approximate• found dead by his mother and her as "destitute." The child was noted ly 40 percent of the body surface• common law husband in a rural home to be extremely dehydrated and the lower half of the back, buttocks, in eastern Oklahoma. There was no possessed little or no subcutaneous fat. abdomen, genitalia, and lower ex- definitive medical history, and the mother stated only that she had spanked the baby 2 days prior to his Figure 5_ The rib cage in this small child was easily observed due to dehydration and malnutrition_ Note the wrinkling of the abdominal skin. death, and that later, when she had been "whipping him," she "missed his bottom and hit his back." She stated that the child had not appeared ill, but added that the male living in the home hlJd alleged that the baby kept falling off the bed during the night prior to its death. A description of the home and its contents is not avail• able. Initial examination of the body revealed multiple bruises of varying ages involving all body surfaces and extremities. These were most severe on the abdomen. (See fig. 4.) Internal examination of the abdomen revealed that there had been a massive hemor• rhage resulting from blunt-force in• jury to the abdominal wall. There was damage to the liver, as well as ir• regular hemorrhages of the intestinal wall.

August 1977 25 tremities. According to the mother, were partially unburned, and the low• water bent forward. The water was in the child was left alone in the sink er part of the abdomen and small por• a cast iron sink which had not yet where he was receiving a bath while tions of the front surface of the knees reached the temperature of the water, she attended another child. The de• were free from any burning at all. and the buttocks and soles were ceased allegedly turned on the hot These findings in an otherwise forced down against it, thus prevent• water accidentally. The child sur• healthy child indicate that the story ing their scalding. The knees were vived approximately 18 days in the given was completely false. No child slightly out of the water, and the fold hospital before succumbing to infec• of this age would sit still in the water of skin on the front of the abdomen tion and multiple complications. long enough to sustain burns of such protected it. The autopsy examination disclosed severity without moving about, and When confronted with these facts a well-developed, nourished, other• thus, one would not see the distinct and conclusions, the mother confessed wise healthy, normal child with third "high water mark" noted in this case. that she had in fact held the child and fourth degree burns involving ap• (See fig. 6.) The explanation as to purposely in scalding water because proximately 40 percent of the lower why the areas which obviously had he fussed excessively when taking a portion of the body. However, sections to be submerged, were not burned is bath, and that she had wanted to of the buttocks and soles of the feet as follows: The child was held in the "show him a thing or two."

Conclusion Figure 6. A definitive "high water" line is observed in this picture. Since the vast majority of deaths in infants investigated by the medical examiner are the result of natural disease, the rights of parents or others responsible for the child should never be violated through hastily inter• preted facts. They should neither be incriminated nor prosecuted unless there is clear indication for such ac• tivity. Heaven forbid that any parent should ever be wrongly accused of homicide by asphyxia in a case of sudden infant death syndrome for instance, because of incompetent interpretation of findings by a re• puted "expert." But no other single area of concern to the forensic pathologist demon• strates so consistently the cruelty of one human being to another as child abuse, and maltreatment, when indi• cated or suspected, hould be thoroughly and vigorously investi• gated, giving special emphasis to cer• tain aspects peculiar to this child abuse syndrome. ijl

FOOTNOTES

1 C. M. Kempe, uThe Battered Child and the Hospilal;' 1I0.pital Proctil:s, 4. (1969): 44-47. Z J. E. George, u ,Jure the Rod: A urve" o( the Battered Child yndrome," Foren.ic S

26 FBI Law Enforcement Bulletin THE LEGAL DIGEST

Students and the Fourth Amendment: Searches ln• Secondary Schools

By DONALD J. McLAUGHLIN Special Agent Legal Counsel Division Federal Bureau of Investigation Washington, D.C.

This is the conclusion of a two-part article. Part I appeared in the July issue.

Justifying the Search

If a school administrator acting as preme Court nowhe re has been more Only when it is impractical or im• a "State official," or a law enforce• consistent than in its emphasis on the possible . to obtain a warrant should ment officer, or both acting together, need for prior jud icial approval be• officers or school officials consider a desire to search a student, his belong• fore searches are xnade. Coolidge v. warrantless search. A warrantless ings, or his locker, the strongly pre• New Hampshire, 403 U.S. 443 search on school premises, like ferred approach is to do so under (1971); Katz v. V nited States, 389 searches anywhere, must be j ustitied authority of a search warrant. The Su- U.S. 347 (1967) . by some recognized exception to the

August 1977 27 warrant requirement. Exceptions ap• tection. In the school environment, he where they presented the order to the proved by the Court are searches made enjoys this right of privacy in his vice principal. The students were sum• incidental to a lawful arrest, those person, effects, and locker. But also, moned and searched, but nothing evi• made with the consent of a party em• like any individual, he may give up dentiary was found. A subsequent powered to do so, and those conducted this protection, so long as his decision search of the defendant-student's under emergency or exigent circum• is the product of a free and uncon• locker, however, yielded marihuana. stances_ Vale v. Louisiana, 399 "C.S. strained choice. See State v. Stein, 456 Though the warrant was later found 30 (1970). P. 2d 1 (Kan. 1969), cert. denied defective, the trial court refused to The first exception offers little dif• 397 U.S. 947 (1970). Physical force suppres the evidence, concluding that ficulty. If a student is subjected to a or psychological coercion, for exam• the seizure was justifiable on an in• lawful, full-cu tody arrest on school ple, will taint an otherwise proper con• dependent ground, that the vice prin• premises, with or without a warrant, sent to search. Bumper v. North Caro• cipal had consented to the search of his person and the property within his lina, 391 U.S. 543 (1968) . And it is the locker. The Court of Appeals immediate reach may be searched for probably safe to say that the burden agreed. weapons and evidence. United States on the State to prove voluntariness In People v. Overton, 229 N.E. 2d v. Robinson, 414 U.S. 218 (1973). increases as the age and maturity of 596 (1967), vacated and remanded The "immediate reach" limitation ren• the student diminishes. 393 U.S. 85 (1968), reheard and ap• ders the school locker beyond the per• proved 249 .E. 2d 366 (1969), the missible scope of search if it is not in New York court was presented with close proximity to the student at the Law enforcement officers of two issues: (1) Whether the school time of arrest. Chimel v. California, other than Federal jurisdic• official could authorize the search of 395 U.S. 752 (1969) . tion who are interested in a tudent's locker; and (2) whether The remaining two exception any legal issue discussed in his con ent wa voluntary. consent and emergency searches• this article should consult Regarding the official's right to con• hold the key to a constitutionally per• their legal adviser. Some sent, the court pointed out that the missible search of a student and his police procedures ruled students provided school authorities locker. A consent to search is the vol• permissible under Federal with their locker combinations and untary relinquishment of fourth constitutional law are of were "well aware" that school officials amendment protection in the person, questionable legality under posse ed duplicate combinations. place, or thing sought to be searched. State law or are not per• Furthermore, regulations had been Schneckloth v. Bustamonte, 412 U . . mitted at all. issued concerning what could be kept 218 (1973). An officer or school of• in the lockers, with the school reserv• ficial seeking consent must be mind• ing the authority to "spot check" to Running through the law of con ent ful of two requisites. He must obtain insure compliance. The court con• searches i the principle of "a ump• the consent from a person in lawful cluded that while the student may tion of risk." This means imply that possession of the place to be searched, have the right of exclu ive possession where two or more persons mutually and the yielding of constitutional pro• with respect to their fellow tudents, possess and exerci e common au• tection must be voluntary. Today law• they have no such right a against thority over a place or thing, each ful posses ion is defined in terms of school authoritie . And becau e of the assumes the risk that one of the joint the Katz principle: does the per on nonexclu ive nature of the locker (i.e., pos e ors will con ent to its search. against whom the search is directed j oint po e ion), the chool official is Frazier v. Cupp, 394 .. 731 (1969). have a rea onable expectation of pri• empowered to con ent to the earch The a umption principle may be ob• vacy in the place searched? Voluntari• by police officer. People v. Overton, erved in a frequently cited ew York ne s will be evaluated not on the basi 229 N.E. 2d at 598. The court also decision. The ca e was twice before of any ingle criterion, but rather on held that given the distinct relation• the X ew York Court of Appeals, and all the fact and circum tances ur• hip between chool authorities and rounding the obtaining of consent. in both in tance the warrantIes students and the hazards inherent search of a high chool locker wa among teenager in a chool environ• Consent Searches sustained. ment, the authorities have an affirma• Detectives with a search warrant tive obligation to investigate charges A student, like any individual, is describing two tudents and their that students are u ing or pos e sing provided with fourth amendment pro• locker went to a local high chool, narcotics.

28 FBI law Enforcement Bulletin As to the claim that the vice prin- is a search conducted under exigent The Illinois Supreme Court appears cipal's consent was involuntary, the or emergency circumstances. The Su- to have based a 1968 holding on this court, after examining all the rele- preme Court has recognized that point. In In re Boykin, 237 I.E. 2d vant facts, rejected the argument and under exceptional conditions the need 460 (Ill. 1968), the appellant, a Chi- found his decision free of coercion. for a search warrant must yield to cago high school student, was adjudi- People v. Overton, 249 N.E. 2d at other more important considerations. cated a delinquent for possessing a 368. The Overton decision was fol- Thus an entry to a house to look for concealed weapon. His appeal con- lowed in a 1969 Kansas school locker a fleeing suspect was approved in tended that a warrantless, noncon- case, State v. Stein, supra, and cited Warden v. Hayden, 387 U.S. 294 sensual search of his pants pocket, with approval in a later ew York de- (1967). And in United States v. lef• which uncovered a gun, violated his cision, People v. lackson, 319 .Y.S. fers, 342 U.S. 48, 52 (1951) and fourth amendment right. He claimed 2d 731 (N.Y. Sup. Ct. 1971 ). McDonald v. United States, 335 U.S. that the search followed , and was in- 451, 454­55 (1948), the Court cidental to, an unlawful arrest. The " [A] State may justily a pointed out that "compelling reasons" court rejected his argument, declar- sclwol locker search by po• will excuse the warrant requirement, ing that quite apart from the legality lice based on consent 01 a citing seizure of property being de- of the arrest, the police were not re- school official where a pol• stroyed, threatened removal or con- quired to delay the search in order to icy has been adopted, prom· cealment of evidence being sought, gather additional information. It of- ulgated, and practiced in and potential violence and danger as fered the further observation: examples of such emergencies. Lower which the school withholds "In this case . . . the nature of courts similarly have seen no need Irom a student the total and the potential danger differs from for a warrant under these circum- exclusive right to possession that involved in gambling and stances; e.g., United States v. Doyle, 01 the locker." narcotics cases (citation omit- 456 F. 2d 1246 (5th Cir. 1972) (re- ted). The appropriate person to moval of evidence) ; People v. Sirhan, What Overton teaches is that a State appraise that danger was the 497 P. 2d 1121 (Cal. 1972), cert. may justify a school locker search by school official who is required to denied 410 U.S. 947 (1973) (danger police based on consent of a school maintain discipline and to act to political leaders) . official where a policy has been 'for the safety and supervision of adopted, promulgated, and practiced the pupils in the absence of their in which the school withholds from a "Where. _ . sclwol au• parents or guardians'." Id. at student the total and exclusive right thorities or police receive a 461­62. (N.B.: the doctrine of to possession of the locker. This non- reliable report that an ex· loco parentis, discussed in Part exclusivity may be demonstrated by plosive device or weapon is I, also may be seen in the resolu- publishing an appropriate school reg- secreted on a student or in tion of this case.) ulation, by securing an agreement or a school locker, courts could Another State decision involving a understanding from the student at the be expected to authorize a boys' boarding school offers further time of the issuance of the locker, and warrantless search based support for the idea that courts are by retaining duplicate combinations upon the exigent circum• prepared to waive the warrant pro- or locker keys. It should be noted stances. .•." cedure in an emergency. Following that Overton deals only with the commission of a serious felony (rape) school locker problem and would not The reasoning of these decisions on the school grounds, officers devel- can be transferred to a secondary justify the search of the student him- oped probable cause to believe the as- school setting. Where, for example, self or items in his possession, at least sailant, a resident student, might be school authorities or police receive a not on the basis of "joint possession" extremely dangerous and still in the or "nonexclusivity." reliable report that an explosive de- vicinity. The headmaster unlocked the vice or weapon is secreted on a stu- student's room for police, where they dent or in a school locker, courts Nonconsensual Emergency seized an item of clothing later of- Searches could be expected to authorize a war- fered in evidence. In considering the rantless search based upon the exigent warrantless entry problem, the court The final generally recognized ex- circumstances thi s creates in the had no difficulty in finding the actions ception to the warrant requirement school environment. "justified by the exigent circum-

August 1977 29 stances." Commonwealth v. Stroud, student is using or possessing United States, 338 U.S. 160 (1949); 281 N.E. 2d 599, 600 (Mass. 1972). narcotics.... Indeed, it is doubt• Carroll v. United States, 267 U.S. 132 Whether the "emergency circum• ful if a school would be properly (1925). But in Terry v. Ohio, 392 stances" reasoning would support a discharging its duty of supervi• U.S. 1 (1968), the Supreme Court for• search for narcotics is a more trouble• sion over the students, if it failed mulated a different standard to apply some problem. Language in the Jeffers to retain control over the lock• in the investigative detention of per• and McDonald opinions suggests that ers. Not only have the school sons. The Court found that a carefully where the contraband is in the process authorities a right to inspect but limited self-protective search of a de• of destruction or removal, a warrant• this right becomes a duty when tained suspect could be justified on less search and seizure can be made. suspicion arises that something facts not amounting to probable In In re State in Interest of C.C., of an illegal nature may be se• cause. This standard of proof has been 296 A. 2d 102 (N.J. Juv. Ct. 1972} , creted there." 229 N.E. 2d at called I'reasonable suspicion" or "rea• the emergency rationale seems to have 597-98. sonable belief," and while it defies been taken into account. In upholding This same approach is taken in In simple definition, it is at least clear the search of a student for ampheta• re Donaldson, 75 Cal. Rptr. 220 (Cal. that the test can be met by a showing mines, the New Jersey court pointed 1969) (obligation to maintain or• of facts lesser in quantity and quality to the principal's duty to "protect the than those necessary to meet the test der) ; in In reState in Interest o/C.C., student body" and the need to discover United States supra (school authorities are duty• of probable cause. v. the identities of other individuals to Coates, 495 F. 2d 160 (D.C. Cir. bound to investigate suspicion of whom the pills were distributed to 1974) . criminality); People v. Stewart, 313 avert the threat of overdose. It is precisely this lesser standard of N.Y.S. 2d 253 (Crim. Ct. N.Y.C. proof which some courts have trans• 1970) (obligation to determine valid• posed from the street detention to the Affirmative Public Duty ity of report concerning narcotics) ; secondary school search. State v. Bac• of School Officials People v. Jackson, supra (affirmative cino, 282 A. 2d 869 (Del. Super. Ct. obligation of school authorities to in• 1971), is illustrative. A high school There is a basis for justifying vestigate). It is perhaps noteworthy school searches separate and distinct that with the exception of Overton (in student found to be absent from his from the commonly stated exceptions which the court relied primarily on assigned class without cause was es• to the warrant requirement. It might the consent theory) , none of the fore• corted to his classroom by the vice be characterized as the affirmative going cases involved joint police• principal. He was carrying a coat, which was wrested from him by the public duty authority, related to the school official searches. The affirma• loco parentis doctrine, and emerging tive duty justification, therefore, school official to make certain he in a number of decisions, usually in would seem most appropriate where would not leave again. The student combination with other legal j ustifica• the purpose of the search is protection was "known to have experimented tions. of students, not the seizure of evidence with drugs in the past." The coat was for a criminal prosecution. searched, and 10 packs of hashish "There is a basis for found. Police were called and the stu• justifying school searches dent arrested for illegal possession. At separate and distinct from The Standard of Proof issue was the lawfulness of the search. The Delaware court held that: (I) the commonly stated excep• What standard of proof must be The vice principal is a "governmental tions to the warrant require• shown to demonstrate the reasonable• official" subject to the fourth amend• Inent." ness of a chool earch conducted by ment; (2) he acts in loco parentis to a State official without a warrant, with• the pupils under his charge for dis• In Overton, the New York court de• out an arrest, and without the stu• ciplinary purposes and to maintain cided that a school official is empow• dent's consent? The reasonableness an efTective educational atmosphere; ered to consent to a police search 'bf test of the fourth amendment generally (3) the doctrine of loco parentis must a school locker. But beyond that, it is met by a showing of facts and cir• be balanced against the prohibitions asserted: cumstances sufficient to persuade a of the fourth amendment; and (4) "Thus, it is the affirmative ob• reasonable and prudent person that the standard of proof used to strike ligation of the school authorities evidence of crime is located at a partic• the balance is "reasonable suspicion" to investigate any charge that a ular place to be searched. Brinegar v. to believe the student's jacket con-

30 FBI Law Enforcement Bulletin tained contraband. The search was up• high school brought a civil rights ac• reasonable suspicion) to believe in held based on this standard. Other tion to recover for an alleged depriva• good faith what they did was reason• State decisions using the test of "rea• tion of fourth amendment rights. The able. Pierson v. Ray, 386 U.S. 547 sonable suspicion" are reported from search was conduc!ed on the complaint (1967) . Georgia, State v. Young, 216 S.E. 2d of another student that her ring was 586 (Ga. 1975) ; New Jersey, In re missing. Joined as defendants "act• Conclusion State in Interest of G.C., supra; and ing under color of State law" were the New York, People v. D., 315 N.E. 2d following: The school officials, prin• Violations of the fourth amendment 466 (N.Y. 1974) ; People v. Jackson, cipal and vice principal, who notified are costly. They are also preventable. supra; People v. Stewart, supra. the police of the apparent theft; their Schoolhouse searches raise serious superior, the superintendent of constitutional issues. For the officer schools; police officers who responded The Civil Remedy confronting these issues a two-step ap• to the theft report; their superior, the proach is essential. He first must rec• Most of the preceding cases con• chief of police; and a policewoman ognize that a problem exists; second, cern the admissibility of physical evi• who was summoned to make the physi• he must acquire a knowledge of fourth dence seized in a school search and cal search of the girls. amendment principles, and equally later proffered in a criminal or juve• The defendants moved to dismiss important, the law of his own juris• nile delinquency proceeding. The the suit on grounds that the student• diction governing searches and sei• question considered is whether the plaintiffs failed to state a claim. The zures made in secondary schools. evidence should be suppressed. How• court refused to dismiss against the Rules in the States are not uniform. ever, that exclusionary evidence prin• police officers, school officials, and Within the broad contours of the their superiors. While the merits of fourth amendment, individual State§ " [The] exclusionary evi· the Potts case were not decided, sev• have adopted their own policies and dence principle, primarily eral conclusions regarding the poten• 'regulations controlling students, designed to deter unlawful tialliability for illegal school searches school officials, and law enforcement governmental conduct, is can be drawn: (1) Law enforcement officers alike. That much can be seen but one remedy available to officers who physically make an un• in the foregoing discussion. the aggrieved student." lawful search or proximately cause The loss of relevant evidence IS a such a search to be made can be held high price to pay for an investigative ciple, primarily designed to deter un• liable under 42 U.S.c. 1983; (2) misstep. This penalty is particularly lawful governmental conduct, is but school officials who willfully partici• severe where a murderer, rapist, or one remedy available to the aggrieved pate in the police search or take action robber successfully avoids prosecution student. The offending officer or causing the students to succumb to the because of an officer's dereliction. school official may also be sued civilly search act as "governmental agents" Failure to prosecute or adjudicate a for money damages due to a violation for purposes of the Civil Rights Act, juvenile in possession of narcotics or of constitutional rights. The Federal and likewise may be accountable; (3) a weapon at school may be of lesser Civil Rights Act, 42 U.S.C. Sec. 1983 police and school administrators, consequence. But to the parent whose (1970), provides that any person though not personally involved, may child may be the next customer for who, under color of State law, de• be vicariously liable for the actions of the young heroin merchant or the next prives another of rights, privileges, or their subordinates if they know or are victim of a deadly assault, the failure immunities secured to him by the Con• charged with knowledge that their em• of the criminal justice and school sys• stitution and laws of the United States, ployees are causing deprivations of tems to successfully deal with such will be liable to the injured party in constitutional rights, and fail to take behavior is nothing short of tragic. an action at law or suit in equity. Un• reasonable steps to prevent the viola• The fourth amendment is restric• der certain circumstances, the liabil• tions. Id. at 218-19. tive. It was designed that way. But ity may extend to the superiors of the This is not to say either the officer the limitations imposed are not unrea• police officer or school official. Potts or the school official is defenseless sonable. Both the preservation of the v. Wright, 357 F. Supp. 215,218 (E. in the face of the lawsuit. Their pro• learning atmosphere and the control D. Pa. 1973). tection lies in the ability to demon• of crime in secondary schools can be In Potts, eight female students sub• strate the reasonableness of their con• realized within constitutional limits. jected to a warrantless strip search duct under the circumstances; i.e., The community expects nothing less while attending a Pennsylvania junior facts amounting to probable cause (or from its officers. ij)

August 1977 31 ciates with motor• cycle gangs, prefers IWANTED BY THE FBI I "cho pper-" style cycles_ Social Secu• rity No_ used ______550-82-7692. FBI No. ____ . 228,836 J5.

Fingerprint Classification :

23LIRll TRT L 1 Rr Ref: T T R NCIC Classification: 23541314112252541311

Photographs taken 1973. Photograph taken 1974.

ROBERT LASHLEY GILLEY, JR., also known as Robert L. Gilley

Unlawful Interstate Flight To Avoid Prosecution-Murder

Rober.t Lashley Gilley, Jr., i Description Left middle fingerprint. currently being sought by the Federal Bureau of Investigation Age ______. 29, born April 27, Caution 1948, Burlington, for unlawful interstate flight to .c. Gilley has been convicted of avoid prosecution for murder. HeighL_____ 5 feet 9 inche . possession of marihuana, sale WeighL_____ 150 pounds. of marihuana, and false impri • The Crime Build______Medium. HaiL______Brown. onment. He should be consid· Eyes______Blue. ered armed and dangerous. Gilley, along with an accom• Complexion__ Light. plice, allegedly lured a retarded Race______White. individual to a rural area out• ationality__ American. Notify the FBI side E condido, Calif., where Occupations_ Auto mechanic, elec• Any person having informa• the victim was robbed, kicked, trical circuit board tion which might a sist in lo• and repeatedly beaten with a maker, laborer, mo• bile home trans• cating thi fugitive is requested tire iron. This crime occurred porter, crap metal to notify immediately the Di• in ovember of 1975. Gilley's alvager. rector of the Federal Bureau of accomplice has been appre• cars and Mark ____ . car from left side to Inve tigation, .5. Department hended, convicted, and sen• middle of back, of Justice, Wa hington, D.C. tenced. tattoo of "X" on 20535, or the Special Agent in A Federal warrant for Gil• left forearm, left Charge of the nearest FBI field ley's arrest was i ued on Feb• ear pi erced. Remark ___ _ May be wearing office, the telephone number of ruary 10, 1976. at San Diego. earring in left ear, which appears on the first page Calif. reportedly asso• of most local directories_

32 FBI Law Enforcement Bulletin

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