This month marks the observance of Law Day; the 1st of May was set aside by Presidential Director's proclamation beginning in 1958 (and in 1961 by Joint Resolution of the Congress) as a "special day Message of celebration by the American people in appreciation of their liberties ...." One of the purposes of this special day is to encourage citizen support of law enforcement. It is also a time for us in the profession of law enforcement to reaffirm, and rededicate ourselves, to the service of freedom. The central message of Law Day '81 is that a just and democratic rule of law must prevail in order that we may live together in peace and as a civilized society. Implicit in this theme is the role of the keeper of the peace-the peace officer. "Peace officer" evokes memories of the Old West, but it is still an accurate title for today's policeman. For it is today's law enforcement professional who stands in the front line against anarchy. He, or she, is the one who deals with the neighborhood or family disturbance, the one who protects the helpless, who mends and patches the rips and tears in the social fabric. It is through the just enforcement of the law that freedom for all is preserved. The sponsors of Law Day have set this year's theme: Law-the Language of Liberty. If the courts are the interpreters of this language, police are the first-line protectors. And the language of liberty will only continue to flourish in this land with the protection of dedicated peace officers who respect and follow the law as it is given to them. In his " Second Treatise of Government," published in 1690, the political philosopher John Locke said it first, and best: "Whenever Law ends, Tyranny begins."

William H. Webster Director May 1, 1981 LAW ENFORCEMENT BUllETIN

MAY 1981. VOLUME 50. NUMBER 5

Contents

Gambling 2 The "Game" of Razzle Dazzle By R. Phillip Harker and Gary Bald Cooperation 9 Consolidation Alternatives: Coordination, Cooperation, and Sharing By Walter M. Francis Training 12 Officer Reaction-The Key to Survival By Jack Walsh

Arson 18 Arson Information: Who-What-Where? By Rebecca T. Ferrall

Management 23 Group Decisions: The Promise and the Reality By Donald C. Witham

The Legal Digest 27 Search of Persons During Search Warrant Execution (Conclusion) By Joseph R. Davis

32 Wanted By the FBI

Published by the Office of Congressional and The Cover: Federal Bureau of Investigation Numbered ping-pong United States Department of Justice Public Affairs. Roger S. Young balls are used in one Washington, D.C. 20535 version of the "game" Assistant Director of Razzle Dazzle. See Editor-Thomas Deakin article p. 2. William H. Webster, Director J. Assistant Editor-Kathryn E. Sulewski Art Director-Kevin J. Mulholland The Attorney General has determined that the publlcatoon Writer/Editor-Karen McCarron of thiS penochcal IS necessary In the transaction of the Production Manager-Jeffery l. Summers public bUSiness requored by law of the Department of Justice. Use of funds for printing thiS periodical has been approved by the Director of the Dfllce of Management and Budget through December 28. 1983.

ISSN 0014-5688 USPS 383-310

Razzle Dazzle is often referred to A popular version of Razzle Daz• as a "game" in carnivals. However, it is zle can be seen in figure 3. Here, eight questionable whether it can truly be marbles have been rolled onto a board called a game, since a player has es• with numbered holes. After all the mar• sentially no chance of winning without bles come to rest, the operator totals the operator allowing him to do so. the point value of the eight holes. In Razzle Dazzle can be played in this version, a player can score from 8 numerous ways using a variety of to 48 points. The operator will then items-marbles, dice, clothespins, refer to the yardage chart (see table 1) ping-pong balls, darts, or Chinese and compare the total points scored sticks. Yet, whatever is used, the oper• with the corresponding yardage. ation basically consists of scoring a The operator will usually explain particular number and then referring to that there are 41 numbers, from 8 to a chart to determine a winner or a 48, which can be scored and which loser, e.g., scoring enough points to total 852 points. Considering this, a make 100 yards or over for a touch• player should average 20.78 yards per down in "Play Football" or the neces• play (852 -:- 41 = 20.78 yards). Thus, it sary 100 miles or over to win the race would appear to the unknowing and in "Auto Races," depending on the unsuspecting player that in 5 plays he player's preference. (See figs. 1 and would amass the 100 yards needed to Special Agent Harker 2.) win (5 X 20.78). Of course, this is not Carnival operators call this type of true, since this is based on the false game a "flat store," in that the player assumption that there is an equal "flat can't win." They are also referred chance of scoring the numbers 8, 9, to in the trade as "count stores" (since 47, and 48 as there is in reaching any counting pOints is involved), "pin other total. stores" or " peek stores" (when Another look at table 1 will show clothespins are used and the operator that only 20 of the 41 possible scores "peeks" to see what number is written receive points resulting in yardage. The on them), and "alibi joints" (because remaining numbers are awarded no the operator can always offer an alibi pOint or yardage values for one simple as to why the player's luck has sudden• reason-they are the ones most likely ly turned bad). to be thrown. However, as an incentive

Mr. Bald

5~i l !! 11

Figure 1

May 1981 / 3 AUTO RACES Table 1 29 Yards I ~! I 100 MILES OR OVER WII .. Points 18 r42 ~~ I "t~ ! . ~ . [ ,,~! 14 8 100 H. P. : ZI IIIILES .. 1 9 100 9 28 '48 26 8 30 27 10 50 'NIilILES 'NIIIILES 'NIII'LES 11 30 25 31 12 44 13 43 12 50 I SI IlLES SI IIIILES 46 34 11 23 45 33 10 22 13 50 , IIIILE SI IIIILES SlIIIILES II IIIILES 14 20 21 I - 40 35 17 20 39 15 15 ~I~ !IIt!ES FlU 5 IIIILES flU 5 IlLES PIllE Z llllLES ao_ 16 10 '~PU" - ...1 IITEI LUll. IT. .... _.. 17 5 Figure 2 39 2

to keep players interested. some num- 40 5 bers may be marked to offer "a little extra" to a player. For example. as 41 15 seen in figures 1 and 2. a total of 21 or 35 results in a free roll. A roll of 34 42 20 gives the player a bonus and totals of 20 and 36 award the player a prize 43 50 which. in both cases. entitles the player 44 50 to a small prize determined by the operator. Number 29 is an "add." 45 30 where the player may be required to double the amount of his next roll. 46 50 Although the winnings now will be 10x's the wager. it is highly unlikely that 47 100 the player will win at all. The numbers 18. 19. 37. and 38 are marked .. H.P .... 48 100 Figure 3 which can mean "house prize" or " half 852 a point." anything to inch the player Total even closer to his unattainable goal. Or if the player looks quite dejected. dis- couraged. or dry. the operator can award him a " half pint" of some bever- age. Often. some of the more frequent- ly hit numbers. such as 33. cause the player to lose 5 points. a tactic skillfully used to keep the player in the game. With such a condition. however. there is the probability that in the long run. the player will eventually have a minus number of points rather than any points at all.

.. I FBI Law Enforcement Bulletin However, the operator may stamp Table 3 "insured" on the player's score pad, telling him that if he hits a black or ~ x ~ x ~ x losing number prior to hitting the bonus _ 9_ x _ 8_ x _ 7_ x _ 5_ _ 4_• 143 142 141 140 139 138 137 X 136 • number, all points amassed up to that time will not be lost. 6,652,800 The operator may also claim that --:-:-::-::-=--'-----=---=----= .0000000000464386 143,259,982,035,730,560 20 of the 41 numbers will give a player pOints and that 9 of the 41 numbers will earn a bonus or prize, while only 12 of the numbers will not award the player Table 4 anything. Again, this falsely assumes that the probability of throwing an 8 or ~ x ~ x -9- x ~ _ 7_ 6 5 19 a 28 is the same. 143 142 141 140 X 139 X 138 X 137 X 136 X 8 = A look at the distribution of num• 252,806,400 bers on the board explains why the -=1-=4-=-3,-=2-=-59=-,-=-98=-2=-,0~3=:-:5":", 7":"3-0-,5-6-0-= .0000000017646686 chances of scoring winning totals are virtually nonexistent. As is evident in table 2, there are more holes on the The same calculation for throwing marble board with the point value of 3 " . ..unscrupulous dice, as some games use or similar and 4 than there are for the other operators are quite devices, shows the chances of winning numbers. Therefore, there is a greater ingenious. . . and can are slightly better. Those familiar with a probability of the marbles falling into pair of dice realize that there are 36 the 3- and 4-point holes. This uneven adapt almost any type of game to become a ways for 2 dice to fall, but only one way distribution further enhances the odds to roll 2 aces or 2 six spots. Therefore, in favor of the operator by increasing Razzle Dazzle." the odds of throwing either total (2 or the player's chances of scoring num• 12) would be 1 chance in 36. bers with no point or yardage values, This computation is more involved thereby causing him to lose the game. miscount, which can easily be done for Razzle games because the player A study of the mathematics in• when totaling 1's or 2's, or 5's or 6's if will use eight dice, desiring roles of volved indicates that a player averages an extreme number should result. either eight aces or eight 6's. Thus, if .016635 yards per roll (not counting a What are the chances in "Play you raise 6 (the number of sides on loss of 5 yards on 33 points). Based on Football" of hitting 8 or 48 (all 1's or the dice) to the 8th power (the number this, a player would have to roll 6,011 6's with each of the 8 marbles)? There of dice being thrown) (or times, on the average, to reach 100 are only 11 holes numbered 1 and 11 6x6x6x6x6x6x6x6), the resulting num• yards rather than the 5 times promoted holes numbered 6 on the board, while ber would be 1,679,616, meaning there by the operator. This also assumes there are a total of 143 holes into is one chance in 1,679,616 throws of that the operator does not purposely which the marbles can fall. In that obtaining the same spot count on all 8 case, the first marble would have 11 dice. This probability, and resulting dis• chances out of 143 of falling into a 1• advantage to the player, is not quite as Table 2 point hole or a 6-point hole; the second bad as with marbles. Table 5 shows marble, 10 chances out of 142; and the the various possibilities of attaining third, 9 out of 141, etc. Table 3 shows points, assuming the game is operated the probability of all 8 marbles falling honestly. Again, notice the number of Numbers Frequency into holes with a point value of 1 or 6. rolls needed to get the middle num• Put simply, there is a chance of this bers-those which are more easily 1 11 happening only once in every thrown and result in peculiar house 21,533,787,583 rolls. By the same cal• 2 19 advantages or no points to the player. culation, table 4 shows a slightly better For example, on the average, the total chance of throwing a total of either 9 or 3 39 28 will occur once in every 12 rolls, 47 points, which also charitably awards whereas 1,679,616 rolls would be 100 points or yards. In essence, either 4 44 needed for the total 48. a 9- or 47-point roll could happen once 5 19 in 4,533,428,965 rolls.

6 11

Total 143

May 1981 I 5 In addition to the marble and dice Table 5 versions described in detail, there are many other variations. One uses eight Expected Occurrence (Dice) 6­sided sticks with numbers on the sides. These are stood upright and Payoff then allowed to fall, after which the 100 yards 8 should occur once in 1 ,679,616 rolls points showing are totaled. 9 should occur once in 209,952 rolls 100 yards Another type employs darts 10 should occur once in 46,656 rolls 50 yards thrown at a numbered board. The 11 should occur once in 13,997 rolls 30 yards squares are so small that skill as a factor in playing this variation is virtual• 12 should occur once in 5,090 rolls 50 yards ly nonexistent. Some players have 13 should occur once in 2,121 rolls 50 yards even been required to throw two darts 14 should occur once in 983 rolls 20 yards together in one hand to further elimi• 15 should occur once in 499 rolls 15 yards nate skill. Here, there is always a provi• 16 should occur once in 273 rolls 10 yards sion that a dart missing the target 17 should occur once in 160 rolls 5 yards altogether or hitting a line (a "liner") results in either 3 or 4 points. Of 18 should occur once in 100 rolls House Prize course, either a 3 or 4 eliminates the 19 should occur once in 66 rolls House Prize possibility of an instant winner. Fre• 20 should occur once in 46 rolls Prize quently, the lines are so thick that as 21 should occur once in 33 rolls Free Play much as 25 percent of the target area 22 should occur once in 25 rolls o yards is comprised of lines. 23 should occur once in 20 rolls o yards As referred to previously, the "pin store" or "peek store" variety has a 24 should occur once in 17 rolls yards o rack with numerous common clothes• 25 should occur once in 15 rolls o yards pins clipped to it. The pins have 2- or 3• 26 should occur once in 13 rolls o yards digit numbers imprinted in widely 27 should occur once in 13 rolls o yards spaced numerals on the backsides. 28 should occur once in 12 rolls o yards There is also a large cone-shaped spindle on either end of the rack. The 29 should occur once in 13 rolls Pay Double player throws rubber jar lids trying to 30 should occur once in 13 rolls o yards encircle the spindle (which is an instant 31 should occur once in 15 rolls oyards winner, but nearly impossible to ac• 32 should occur once in 17 rolls o yards complish because of ils size and the 33 should occur once in 20 rolls o yards angle at which it is placed) or trying to 34 should occur once in 25 rolls Bonus encircle a lucky pin. The pins surround• ing the spindle are invariably losing 35 should occur once in 33 rolls Free Play numbers. In addition, there is no rea• 36 should occur once in 46 rolls Prize son for the numbers consisting of both 37 should occur once in 66 rolls House Prize 2- and 3-digit numbers except that this 38 should occur once in 100 rolls House Prize allows the operator to cover up either 39 should occur once in 160 rolls 2 yards the first or last digit of the 3-digit num• ber, thereby making it appear to be a 40 should occur once in 273 rolls 5 yards number giving points or no pOints, de• 41 should occur once in 499 rolls 15 yards pending on the whim of the operator. 42 should occur once in 983 rolls 20 yards (See figure 4.) Notice that 134, the 43 should occur once in 2,121 rolls 50 yards actual pin number, gives 9V2 points on 44 should occur once in 5,090 rolls 50 yards the chart in figure 5, whereas by cover• 45 should occur once in 13,997 rolls 30 yards ing the 1, it reads as 34, a losing number or by covering the 4, it reads 46 should occur once in 46,656 rolls 50 ards as 13, a V2-point number. 47 should occur once in 209,952 rolls 100 yards A similar version uses ping-pong 48 should occur once in 1 ,679,616 rolls 100 yards balls which are blown into the air in a device often used in bingo games. In fact the game is usually entitled "Bingo" on the chart. (See figure 5.)

6 I FBI Law Enforcement Bulletin Figure 4 The balls bear the familiar, widely cannot possibly lose if they only put points to allow the player to approach spaced 2­ and 3­digit numbers, so that enough capital into it. Another advan• 100 yards. This keeps the player in• the game is run much like the pin store tage is that after the player is wiped volved, but hardly advances his described previously. Notice in figure 6 out, he is less apt to take time to report chances. Invariably, the beginning that the number on the ball can read the "theft" to the authorities, since he player starts out by being "awarded" 122 (5 points), 12 (V2 point), or 22 is usually traveling and would rather 50 points. He is not likely to complain ("raise" or double up). spend the time to reach his destina• of the fast counting when he makes Undoubtedly, other varieties are tion. yards. However, any time the operator being used, since unscrupulous oper• Because of the great unlikelihood does not wish to fair bank the player, tors are quite ingenious in developing of achieving winning points on the he can simply let the player count the new types and can adapt almost any board, it seems unbelievable that a points himself, since after only a quick type of game to become a Razzle Daz• person will continue to play. In most scan of the board, the operator can tell zle. cases, the operator employs "fair whether the player has rolled almost all Razzle Dazzle-type games are op• banking," cheating in favor of the play• 1's or 6's. Thus, he will know the player erated by "gangs" and " mobs" who er. The operator will quickly overcount cannot have achieved anything of real travel about the country or set up their value. operations at roadside stops. The lat• ter operations have the advantage of attracting the more affluent, intelligent "marks" (or suckers) who think they

May 1981 1 7 3) A means of doubling the bets• The doubling-up characteristic, hitting the "add" number, enables the opera• tor to boost the wagers rather quickly from $1 into hundreds of dollars, realiz• ~ ing that if the amount wagered is dou• s bled continually, even an initial wager of $1 results in a $1,024 bet at the end ~ of just 10 plays. T 4) A means of cheating (either for K or against the player)-This may either ~ be by fast counting, covering up one of F the digits on the ping-pong balls or E I pins, or even by calling a dart thrown a B "liner" when in fact it may not be. L E After seeing the problems players have in winning anything, unless trin• kets are given to quiet him, the impor• tance in stopping such games is evident. Many youths lose all their money playing these games. Yet, Figure 5 some rackets have been known to take in thousands of dollars per player, The chart usually has a provision and the chart and fast-talking operator in games involving very intel• at the bottom that any delay (or a 5• do not provide much help, such as the ligent players. Hopefully, a greater minute delay) ends the game. How• meaning of "add," "H.P.," "bonus," awareness of the unfairness and crook• ever, often the operator will graciously etc. edness of Razzle Dazzle games will wave this provision and put the play• 2) The conversion chart-This assist investigators in stopping or de• er's name on the score sheet so that provides a means to divert the atten• terring the operators from preying on the player may leave to obtain more tion of the player from the marbles, unsuspecting players. FBI money. dice, etc., to the points he hopes to Records have been recovered in• achieve. It also provides an opportunity dicating substantial losses by players, for the operator to convert the often reaching hundreds or thousands amassed numbers into the points of dollars apiece. Of course such rec• which may result in increased wager• ords, as well as the other parapherna• ing. lia, should be seized by authorities should arrests or execution of search FI[Jure6 warrants occur. The various items used by Razzle operators may be examined and analyzed by the Gambling Subunit of the FBI Laboratory and expert testi• mony furnished should the need arise. Although the basic criminal charge against a Razzle Dazzle operator may be gambling, because of the nature of the game described herein, the charge may also be fraud, false pretense, lar• ceny, theft by trick or deception, or whatever similar offense the State law contains. The following criteria are present in Razzle Dazzle games: 1) Vague, complicated rules• Without fail, after losing substantial sums of money, the victim realizes that he actually had very little idea as to what were the exact rules of the game,

8 / FBI Law Enforcement Bulletin Consolidation Alternatives: Coordination Cooperation and Sharing By Walter M. Francis Chairman Criminal Justice Department Linn-Benton Community College Albany, Oreg.

The coordination and consolida• Survey of National Commission tion of police services, short of total Reports consolidation, is an administrative con• Although major commission re• cept consistent with the goal of provid• ports have called for a total consolida• ing better service to local citizens in an tion effort, it appears that their authors efficient and cost-effective manner. realized this approach to be far from Many cities and towns do not want to the real world of policing and that such consolidate their police departments an effort would not take place in the with others to create one "super" very near future. This can be inferred agency. It is for this reason that sharing since the reports also included many designated services, buildings, and standards and programs for sharing equipment by more than one depart• services in lieu of total consolidation. ment can be a workable alternative to The President's commission in 1967 total consolidation by those communi• included an entire chapter on this sub• ties not desiring to lose local control. In ject in its Task Force Report: The Po• this Nation, the autonomy and control lice. This report is more supportive of of police agencies by local government sharing services than that of the Na• remain an overriding concern and are a tional Advisory Commission (NAC), major cause of opposition to total con• which in 1973 called for consolidation solidation of law enforcement agen• of all local police forces consisting of cies. In light of this strong opposition, less than 10 officers. However, the coordination, cooperation, and sharing NAC also included standards for shar• must be examined as alternatives to ing and coordination short of total con• total jurisdictional consolidation of solidation, perhaps with the idea that police agencies. such an attempt would get the move• ment started and possibly carry over into a total consolidation effort. No matter what the motives, such ideas were included and should be examined as possible alternatives to total con• solidation.

May 1981 / 9 Selected field services, including criminal investigation, vice and delin• ". . . coordination, quency control, and special task force cooperation, and operations, require specialized man• sharing must be power and training beyond the capacity examined as of most small jurisdictions. The task force report suggested establishing alternatives to total area-wide forces in these areas, as jurisdictional well as specialized training and mutual consolidation of police aid pacts to provide assistance in such matters. Also recommended by the re• agencies. " port was the creation of special tactical units which could follow criminals from one jurisdiction to another. 3 The President's commission task The National Advisory Commis• force report suggests coordination and sion report also called for limited use of consolidating staff services, auxiliary area-wide consolidation. In standard services, and selected field services. In 5.2(6), several concepts were set forth, the area of staff services, this report such as partial consolidation of police identified recruitment, selection, and Mr. Francis services by merging specific functional training of personnel and law enforce• units of two or more agencies, con• ment planning as areas where joint tracting for specific police services, action was possible, whereas public and service sharing, including that of information, internal investigation, and support services by two or more agen• staff inspection are more closely asso• cies.4 ciated with an individual jurisdiction. These two national commission The report called for" an area-wide reports have given rise to a new era in manpower support program to be used cooperation among police agencies when selecting and training police offi• and in pooling resources. In response cers. It also recommended area-wide to these reports, many new programs planning to be implemented and car• have been established which have as• ried out by regional staffing, which sisted police agencies in their quest for would give such tools to the smaller efficiency and effectiveness. The ideas agencies on a need basis.l that have been fostered' and promoted Auxiliary services that were found are largely due to these two major to be best suited to sharing and coordi• reports, and therefore, these reports nation were records and communica• cannot be faulted for espousing only tions, crime laboratory services, and the ideal of total consolidation. A look detention. Since these services are at some typical programs that fall short costly and involve resources beyond of total consolidaton, but which do pro• the scope of most small police agen• vide for some sharing, cooperation, cies, the effectiveness and efficiency and pooling of resources, will show the of small departments could be en• effectiveness of those forms of con• hanced by pooling such resources, solidation used in lieu of total consoli• while simultaneously avoiding the high dation of police agencies. cost involved. 2 Police Agency Prototypes The city of Effingham, III., (pop. 10,000) operates its own police force of 19 officers, while the rural areas and 10 communities of 1,200 or less are served by the county sheriff's office which employs 3 full-time and 1 part• time officer. Until 1972, the two police agencies conducted their own followup

10 / FBI Law Enforcement Bulletin investigations. Neither could adequate- State Assistance ly perform such investigations, and in "By implementing States often supply small police 1972, a city­county detective bureau departments with additional support in was created. Four detectives assigned partial consolidation such areas as training, laboratory oper- to the city police force are now respon- concepts. . . the small ation, and planning. In most States, sible for all followup investigations in town administrator can basic training academies afford all ju- the city and throughout the county. risdictions, regardless of size, training Although the city and county patrol achieve many of the that meets standards mandated by law forces remain separate, maintaining same goals of total but impossible for small agencies to one bureau to provide detective serv- consolidation, yet maintain on their own initiative. State- ices for the jurisdictions of both agen- retain the American operated crime labs, research and cies enables more complete service planning divisions, and computer­as- than could be accomplished by either ideal of local sisted records bureaus are also possi- agency individually.5 autonomy." ble aids for the State to provide to the In Park County, Wyo., the city of small police department. Cody (pop. 7,000) police headquarters By evaluating the above examples and the main office of the Park County A support service required by po- of sharing and partial consolidation of Sheriff's Department were not housed lice agencies, particularly in recent police services, it is evident that such under one roof, although located in the years, is legal consultation and advice concepts can be effectively used by same city. It took over 5 years to cen- regarding the legality and propriety of rural and small town police administra- tralize the city and county law enforce- police procedures. As with other spe- tors. Although falling short of total con- ment departments in one building. A cialized services, it is difficult for small solidation, they do provide for a more former city councilman of Cody states, city departments to finance an individu- effective and efficient manner of oper- "I don't think unifying the departments al to perform this sole function. The ation and do offer communities the has saved a lot of money, but it certain- Tucumcari, N. Mex., Police Department police services they desire. By imple- ly has become a lot more effective in was able to hire a legal adviser who menting such partial consolidation con- law enforcement." 6 Besides occupying could also serve as criminal justice cepts efficiently and effectively, the the same building, the departments planner for the region.8 In addition, the small town police administrator can also share a common detention center small or rural agency should not ne- achieve many of the same goals of and a county­wide communications glect the local prosecutor or city attor- total consolidation, yet retain the network. Another former Cody city neyas a potential source of legal aid. American ideal of local autonomy. FBI councilman believes that "if nothing Assistant district attorneys in Bucks else, we've gained more knowledge and Dauphin Counties, Pa., who "cir- within law enforcement by consolidat- cuit ride" between police departments Footnotes ing, due to the fact that before the 24 hours a day, are examples of an- , President's Commission on Law Enforcement and the Administration of Justice. Task Force Report: The move, the city police could stop a sus- other method short of total consolida- Police (Washington. D.C.: U.S. Government Printing Office. pect without ever knowing he was tion, which provides a. cost­saving 1967). p. 71. • Ibid. sought by county officials." 7 In such alternative to the small agency.9 'Ibid. • National Advisory Commission on Criminal Justice rural locations where the city with the Regional legal advisers who offer Standards and Goals, Police (Washington, D.C.: U.S. largest population in the county is also assistance on a multiagency basis Government PrinUng OffICe, 1973), p. 108. 5 Jeanne Bilanin, " Law Enforcement in Small Cities," the county seat, a consolidation con- have been used in many jurisdictions Management Information Service Report. December 1974, cept, such as that used by Park County throughout the Nation. Examples can p. 8. o "Former City Councilmen Claim Unifying Police as and Cody, would seem a viable possi- be found in Richland County, Ohio; Major Success in 8-Year Council Terms," The Cody bility. Hartford County, Conn.; the Central Enterprise, Cody. Wyo., January 17, 1979, p. 15. 7lbid. Oklahoma Economic Development • Bilanin, p. 8. District, serving eight counties east of o Samuel Laudenslager, " Providing Legal Assistance to Small and Rural Law Enforcement Agencies: The Oklahoma City; Griffith­Highland- Regional Legal Advisor," The Police Chief. August 1974. p. 54. Muenster, Ind.; and a network of 41 10 Ibid. pp. 55­58. such advisers in the State of North Carolina. 1o The regional legal adviser concept appears to be effectively meeting its goal of making available necessary legal assistance to smaller police departments on a cost­effective basis.

May 1981 / 11 Officer Reaction The Key to Survival

By COL. JACK WALSH Superintendent Ohio State Highway Patrol Columbus, Ohio

It was a gray, cold November The trooper slowly exhaled a afternoon when a Ohio State trooper breath of relief. As he holstered his stopped an automobile with two male weapon, he responded, "No, I'm not occupants for weaving on the road. going to shoot you. Just don't make The trooper approached the car cau• any more sudden moves like that. And tiously, with his holster unsnapped and you can't smoke, so put the cigarettes his hand resting on the butt of his away. " service revolver. The driver willingly complied. At Upon request, the driver handed this moment, the passenger started to him an out-of-State driver's license, but open the glove compartment; the next stated that he didn't have the registra• thing the trooper remembered was tion papers for the car. The trooper hearing the crack of a pistol. then asked the driver to step from the He felt the first round strike his left car and keep his hands in sight. shoulder. The rounds continued to Immediately upon getting out of strike him in the chest and stomach. the car, the driver quickly reached back The trooper stared in amazement at in above the visor while stating, "Let the driver who was standing 3 feet in me get my cigarettes." Drawing his front of him with a snubnosed revolver revolver, the trooper commanded, in his hand, firing off the last two Colonel Walsh " Hold it!" The driver then pulled his rounds. In less than 3 seconds, the hand out slowly, holding a pack of driver emptied his revolver into the offi• cigarettes. As the driver turned to the cer's chest. The officer stood frozen in trooper and saw the gun, he fearfully his shoes, not moving or even drawing exclaimed, "What the heck you gonna his weapon. do, shoot me?" The driver and passenger were instructors at the Ohio State Highway Patrol Training Academy; the officer, a veteran trooper going through a new concept in firearms survival training.

12 I FBI Law Enforcement Bulletin Training to Stay Alive In this particular training situation, the officer is given a revolver identical to the one carried on duty, since prior to the training exercise , ali officers are required to surrender service weapons and ali live ammunition. In addition, this weapon's cylinder has been modified so that a live round cannot possibly be inserted into it. Although a full­sized, empty shell casing will not fit into the cylinder, it is capable of housing a short, red plastic blank. The blank is stuffed with cotton, and the resulting crack of the large pistol primer and impact of the cotton striking a body at close range gives the situation realism. The violators are equipped with similar weapons having 2­inch barrels. To avoid any possibility of using a regular service revolver, the grips of the train• ing weapons have been painted bright red. To return to the situation previ• ously outlined, one major question re• mains, " Where did the gun come from ?" The sudden appearance of the gun was no feat of magic. It was above the visor. When the trooper told the driver to put the cigarettes away, he felt no threat as the driver reached into the car. At the same time, the passen• ger opened the glove compartment, distracting the trooper. But, did the trooper have a chance? Yes, IF HE HAD REACTED INSTANTLY when fired upon. Does the fact that an officer has been hit in the shoulder mean he's going to die? Does it mean he has lost? In life and death situations, if an officer experiences these feelings or beliefs, chances are he will stand there preparing to die instead of reacting to survive.

May 1981 / 13 If an officer is wearing a protective The Defensive Combat Course is Officers can experience three or vest, it is very likely that the first few a progression in firearms training for four different situations, yet never rounds fired will strike the vest. How• the highway patrol. All officers have know what is going to happen. Many ever, when officers do not react imme• been trained on a standard police com• officers discover their reaction under diately, they stand the chance of join• bat course and are familiar with fire is not what they thought it would ing the many officers who have died double-action, single-action, right- and be. However, those exposed to training from the third or fourth shot from a left-handed barricade, standing, kneel• a second or third time show remark• criminal's weapon. Police officers have ing, sitting, and prone shooting. This able improvement in their ability to been wounded and knocked to the had been the conventional firearms react. Some who "froze up" in the first ground, believing they've lost, only to training for the Ohio Highway Patrol encounter reacted very quickly the have the assailant approach and deliv• and is still a necessary part in police second time around. However, on the er the fatal round to the officer's head. recruit training, since it develops highway, there is never a "second The reaction of an officer "freez• marksmanship skills. After years of fir• chance." ing up" is not uncommon. Drawing ing this standard course, the patrol When confronted with a sudden quickly and firing accurately at a paper progressed to a quick-draw, double• lethal or panic situation, humans will target that does not return fire is rela• action combat course, with a maximum react reflexively, as they have been tively simple and creates little or no distance of 25 yards. Troopers are still trained. The Defensive Combat Course stress. However, officers react quite required to qualify twice yearly on this is designed to put troopers in situations differently when totally surprised by a course, but are now being exposed to as close to real life as possible so that person firing a weapon, when they feel the new Defensive Combat Course. one day they will not join the ranks of their bodies being struck by bullets. If The exchange of fire that takes place those slain in the line of duty. officers do not learn to react in these in the Defensive Combat Course is training situations, they will not react unlike any normal firearms range train• Night Firing properly in actual encounters, when ing. The Defensive Combat Course is their life is flashing before their eyes, Since the officer is most likely to supplemented by a multiple-target their stomach is in a knot, and their confront a person who has been drink• night firing course. The firing takes legs are weak from sudden uncontrol• ing, most of the simulated situations place on the academy's indoor firing lable fear. are designed to include this variable, range in very low light conditions and as well as the presence of illegal weap• without flashlights. Since approximate• Defensive Combat Course ons. The instructor, acting as the ly 40 percent of police/suspect shoot• This training is called the Defen• driver, does not use a weapon in every outs involve more than one assailant, sive Combat Course, since it teaches situation. Sometimes he will pull out a three targets are used. They are officers to defend themselves. Most wallet or other nonlethal article from placed at 10-, 12-, and 14-foot intervals firearms training is strictly offensive, under this shirt or the seat. This makes from the officer with a 3-foot space with little or no stress involved. Any the exercises more realistic, since the between the targets. In the simulated officer checking his heart rate at the officers never know whether a weapon night environment, the officer can see 25-yard line, firing at a paper target, will will be used. And since this is a training the targets, but he cannot see the find his pulse rarely exceeding more exercise, the officers know there is a service revolver he is holding in front of than 10 beats per minute above nor• very good chance that they may be him. mal. Yet, during this new course, the fired upon at any moment. Conse• Officers who can usually shoot a average officer's heart rate doubles. quently, they usually keep their hand 5-inch group by quick drawing at the 3• For example, one officer's resting close to their weapon, ready for action. yard line in daylight are fortunate to heart rate was 55, but after an ex• Yet, in spite of extreme caution even hit the man-sized target four out change of three rounds, it soared to practiced by the students, the instruc• 150. This course requires the officer to tors have developed some simple but develop tactics and quick reaction in effective tactics which, in some cases, returning fire and to scramble for avail• have allowed them to fire six shots able cover, while experiencing the before the student ever clears leather. stress of a shooting situation. The element of surprise is ever• present. One officer who failed to react stated, "His hands were empty and I had my hand on my gun. All of a sudden he's shooting me. I couldn't believe it. I just stood there."

14 / FBI La.... Enforcement Bulletin of six times when they cannot see their Second, the use of a flashlight in Training Reflects Real Situations weapon. This is because accurate this training would illuminate the offi• Data compiled from actual shoot• quick drawing and firing is dependent cer's weapon and subsequently cause ing cases involving Ohio State troopers on hand/eye coordination. Even when him to take time to line up with the show that most officers were assaulted looking at the target, the officer will line paper target before firing. This is a with handguns at very close range. up the gun in front of him, because it is lUXUry not afforded in actual shooting This training is designed to reflect this in his field of vision. Blocking that field situations. Also, most police/assailant pattern and would certainly be valuable of vision will put the officer in an entire• encounters occur within 10 feet, and to any police officer, since national ly different situation. the officer does not need a flashlight to statistics from the FBI's Uniform Crime Night firing training is important for see the assailant. Teaching an officer Reports reveal that of the 106 police two reasons. Of the officers who par• to assume a certain position with a officers killed in 1979, 100 of them ticipated in the Defensive Combat flashlight before returning fire can were slain with firearms and 76 of Course, none of them ever looked at force him to lose valuable time and those with handguns. Of the total their weapons when firing. They did not possibly his life. Officers must be able officers slain in the past 5 years, 69 take time to line up their Sights or to draw and fire accurately in the quick• percent were within 10 feet of their position their feet in a combat stance est possible time, unhindered by fancy assailant and nearly 50 percent were when returning fire to defend them• shooting positions. within 5 feet. selves. Most of the officers stated the The better trained and prepared only thing they remember seeing was officer is less likely to be taken by the gun the assailant was firing. Would surprise and caught in a shooting situa• actual combat be any different? Prob• tion. This training helps develop alert• ably not. Therefore, an officer must be ness and caution. But in spite of all the able to draw and fire accurately without precautions an officer may take, there taking time to worry about sight aline• is always the possibility that a shootout ment, grip, breath control, or stance. may erupt at any time. Hopefully, this All these things must come aut9mati• training will better prepare the officer cally when an officer's eyes are riveted mentally and physically to react, the on an assailant who is trying to kill him. key to officer survival. FBI

Number of U.S. Bombings Remains Constant

,ccoll'ClFaa 0 preliminary figures of Of the 154 persons Injured by Residents were the most frequent ormCrime Reporting Pro• bombs In 1980, 78 were Innocent by• targets of bombers last year, account• gram mber of bombings occur• standers. 47 were perpetrators 31 Ing for 31 percent of .the incidents. nng within the United States and its were Intended victims, 2 were law en• Twenty percent were directed at com• territorie'I 1980 rem&Jned virtually forcement Officers, and 1 .was a fire• mercial operations and 19 percent at the sam When compared to those of man. Fewer personal injuries resulted vehicles. A vanety of other targets 1979 ~1 attacks reported in from the bombings than during the pre• comprised the remaining 30 percent. 1980 exceeded the previous year's \0• vious year, when 173 individuals were Geographically, 37 percent of the tal by on incident. phYSically harmed. Incidents occurred in the Western re• ExpIQSives and firebombs were In 1980, the total number of fatali• gion of the Nation. The Southern, and the device used In the 1980 bomb• ties reached 34, representing a 55• North Central regions each reported 26 ings 82 of the Incidents were caused percent increase from the 22 persons percent of the attacks, and the States by expIotlives and 400 were the result killed by bombings in 1979. Nearly 50 in the Northeastern region recorded 10 of firebombs There were 188 IndMd• percent (16) of those killed by bombs percent. The remaining 1 percent oc• uals Injured or killed, with property last year were the perpetrators. Fifteen curred in Puerto Rico. damage atimated to be over $12.3 persons who lost their lives were the million intended victims, and 3 were innocent bystanders.

May 1981 I 15 Arson Information: Who What Called the Nation's fastest grow• ing crime, arson causes thousands of Where? deaths and injuries annually and is re• sponsible for billions of dollars worth of property damage. Firefighters, law en• By REBECCA T. FERRALL forcement officers, industry, and insur• Librarian ance officials struggle to control its FBI Academy Library growth, the increasing incidence of Quantico, Va. profit motive, and the staggering losses to individuals and industry. Increased public awareness and concern and industry's involvement have led to legislative action to control the crime and punish the criminal. The October 1978 Department of RICO's clout, public awareness, Justice Authorization Bill, which be• and industry's involvement have in• came Public Law 95-624, mandated in creased law enforcement's efforts to 5ection 14 the collection of arson sta• be well-versed about the arson prob• tistics. The law further instructed the lem. Today's police officer must be Federal Bureau of Investigation (FBI) informed about arson in order to per• to reclassify arson as a Part I offense form thorough arson investigations, to in the FBI's Uniform Crime Reporting provide arson training in law enforce• Program, effective fiscal year 1979. ment curricula, and to meet the pub• The Racketeer Influenced and Corrupt lic's request for arson programs and Organizations Statute (popularly projects. known as RICO) gave law enforcement Sources of guidance and informa• broad jurisdiction. RICO provided se• tion and print and nonprint resources vere penalties for those convicted of are available to the law enforcement arson (up to 20 years imprisonment, officer who needs to educate himself $25,000 in fine, or both) and most and others about the crime of arson. significantly, the possibility of forfeiture of criminal enterprise resulting from the arson.

16 I FBI Law Enforcement Bulletin These sources of information are as offers psychological profiles of the var• broad and varied as the crime, the ious types of firesetters, as well as criminal, and the victim. As a Law En• guidance in conducting interviews. forcement Assistance Administration The FBI Academy library offers (LEM) brochure suggests, " Arson reference services to police agencies Burns Us All! " At the Federal level and fire departments throughout the alone, at least six departments and United States. In addition, the library their respective agencies, bureaus, distributes, upon request, an arson and administrations are prominently in• bibliography which includes citations volved-Departments of Justice, Com• to arson materials available in most merce, Treasury, Housing and Urban major libraries and at the FBI Academy Development, Defense, and Interior, as library. well as the U.S. Postal Service. Each department's respective agencies pub• Law Enforcement Assistance Ad• lish arson material and provide librar• ministration ies, clearinghouses, and/or experts to LEAA's Arson Unit conducts an contact for arson information and pro• active arson grant and aid program gram suggestions. A pamphlet entitled with State, county, and local govern• " We Are All Victims of Arson," availa• ments throughout the United States. Mrs. Ferrall ble without charge from the National Currently, LEAA has 34 separate arson Criminal Justice Reference Service prevention, investigation, apprehen• (NCJRS), provides a thorough listing of sion, and prosecution projects with all Federal agencies concerned with State and local agencies. In addition, arson problems and gives complete the arson unit enters into interagency bureau or office titles and addresses. training agreements with the FBI , U.S. Some of those Federal agencies Fire Administration, and the Bureau of which have been actively producing Alcohol, Tobacco and Firearms and arson' materials include the FBI, the also works with the National College of U.S. Fire Administration (formerly the District Attorneys. Most of LEAA's pub• National Fire Prevention and Control lications are available through NCJRS, Administration), and the Office of Jus• which is under contract to LEAA. LEAA tice Assistance, Research, and Statis• has just published a two-volume arson tics (OJARS). Under a recent work: Enforcement Manual: Ap• reorganization, OJARS serves as the proaches for Combatting Arson-For• umbrella organization for the Bureau of Profit Schemes. Justice Statistics (BJS), the National Institute of Justice (NIJ), and LEAA. National Criminal Justice Reference Service Federal Bureau of Investigation NCJRS, a branch of OJARS' Na• The FBI collects arson statistics tional Institute of Justice, is an interna• for its annual Crime in the United tional clearinghouse of law States. In addition, a recently published enforcement and criminal justice infor• FBI document provides insight and in• mation. Department and individual struction in a relatively new area of memberships are free to all law en• arson investigation. Written by an FBI forcement agencies and personnel. In Academy instructor, "The Firesetter: A addition to providing reference serv• Psychological Profile" provides a thor• ices, which include computer searches ough examination of investigating tech• at no charge, NCJRS offers single niques and the types of fireset• copies of its publications free of charge ters. The book includes discussions of as long as quantities last. the problematic areas in the study of NCJRS arson publications include arson and motives for firesetting and Arson: A Selected Bibliography (NCJ58366) and Arson and Arson In• vestigation: Survey and Assessment

May 1981 / 17 (NCJ39113). Its quarterly newsletter, provide both an explanation and full closely with local communities-two of SNI (Selective Notification of Informa• identification of key resources, organi• the most successful efforts are the tion), includes as one of its highlights zations, and individuals who are con• New Haven, Conn., and the Seattle, information on new arson publications, cerned, active, and successful in arson Wash ., programs. The company has conferences, and seminars offered by prevention and contro\." The Directory launched a full antiarson media cam• both the public and private sectors. includes both private and public groups paign with ads in national magazines. The reference service even offers at the local, State, and Federal levels Available free of charge from Aetna is camera-ready art upon request. Cam• working on the arson problem. a handout folder which includes a era-ready art includes artists' paste• background paper on the arson prob• ups and dummy copies ready to be lem, brochures focusing on the Seattle National Bureau of Standards Cen• photographed. Art inquiries should be and the New Haven Projects, and a ter for Fire Research forwarded to the Director of Publica• brochure describing " Winning the War tions. The National Bureau of Standards on Arson," an Aetna-produced film. Center for Fire Research represents The C.AAP. (Community Arson U.S. Fire Administration another facet of the Department of Awareness Program) kit, which Aetna The Department of Commerce's Commerce's involvement with arson also distributes in large quantities free U.S. Fire Administration (USFA) offers investigation. The center conducts re• upon request, includes posters and arson training through inservice search in fire investigative techniques instructions for organizing a community courses and onsite training at the ad• and develops tools, methodologies, arson alert watch. The movie "Winning ministration's new National Fire Acade• and procedures for fire investigators to the War on Arson" runs 15:30 minutes my. As of this writing, the U.S. Fire employ during fire investigations. While and is available on free loan in 16mm Administration Library and the National the center is not in a position to pro• color film or 3/4-inch color video tape Fire Academy Learning Resource Cen• vide routine assistance with individual by directing requests to the attention of ter are merging resources at the acad• arson investigations, the center's staff the film librarian at the Hartford ad• can be contacted with regard to fire emy's center, which houses an dress. investigation research. extensive and growing arson collec• State Farm Fire and Casualty has The center has just published Fire tion. The Emergency Management In• worked closely with the Illinois Adviso• Investigation Handbook (NBS Hand• stitute Library (Battle Creek, Mich.) will ry Committee on Arson Prevention and book 134), which provides guidelines merge with the academy's center in the Illinois Chapter of the International and procedures for the fire investiga• 1981 . Association of Arson Investigators to tor. In addition, the Handbook's appen• In addition to the academy's learn• produce several arson manuals and dices include specialized information ing resource center, the USFA's Arson booklets for Illinois police officers, fire• on such topics as the investigator as Resource Center also provides materi• fighters, and prosecutors. the expert and books of interest to als and reference and referral services Although designed originally for investigators. free of charge to law enforcement per• personnel working in Illinois, the book• sonne\. The arson resource center is• lets have applicability and value to law Insurance Industry Efforts sues an irregular serial, " Arson enforcement officers in any State in• The insurance industry is obvious• Resource Exchange Bulletin," which volved in arson investigation and seek• ly interested and involved in the entire covers the following five areas-USFA ing a clear, concise explanation of the arson problem. Estimates of the annu• arson news, management, investiga• arson problem. The Iceberg Crime: al cost of arson for insurers run from tion/prosecution, economics, and be• What Police Should Know About Arson havior. The " Bulletin," published by the $1 to $5 billion. The insurance industry is a 20-page booklet that offers a com• has become increasingly active in the USFA's Office of Planning and Train• plete, concise overview. A second pub• battle against arson, has produced ma• ing, is available free of charge. lication, Verdict: Guilty of Burning: terials, sponsored seminars, coordinat• Of particular value to the law en• What Prosecutors Should Know About ed law enforcement and private sector forcement officer trying to locate mate• Arson, is written for the prosecuting rials and/or experts is the Arson efforts, and has promoted community Resource Directory, also produced by awareness programs. Three aggres• USFA's Arson Resource Center. The sive antiarson programs are offered by purpose of the Directory is " . . . to Aetna Life and Casualty, State Farm Fire and Casualty, and Allstate Insur• ance Companies. A recently retired New York City deputy chief fire marshal joined Aetna Life and Casualty to assist the compa• ny in strengthening its internal antiar• son program. The company works

18 I FBI Law Enforcement Bulletin attorney, but provides a good analysis Several of these groups are closely overview of five major types of insur• of the problem for any interested read• alined with and composed of member• ance fraud. The "Arson-for-Profit" sec• er. Touched Off By Human Hands ex• ships within the insurance industry. tion examines small business arson, amines the issues involved in Their efforts and publications provide arson-for-profit rings, and home fires. investigation, profiling firesetters, and valuable resources and services out• The institute also provides for inspec• interviewing. side the industry as well. These groups tion or showing to law enforcement The Allstate Insurance Companies offer guidance, experts, information, groups the 16mm film "Anatomy of an have been active in arson prevention and on occasion, seminars for police Arson." programs through their Loss Preven• departments and individual law en• The Insurance Committee for Ar• tion Division. In addition to their gener• forcement officers engaged in arson son Control (ICAG) operates in liaison al fire prevention booklet "A Matter of prevention and antiarson programs. with the Alliance of American Insurers Minutes," Allstate has expanded its ef• The International Association of in Chicago, III. The committee was es• forts in publishing two other booklets, Arson Investigators (IAAI) is a private tablished to coordinate the insurance designed an arson speaker's kit, and group funded largely by memberships industry's efforts in arson prevention initiated an arson newsletter. "Why and Federal grants. Thirty-two local and control. Membership is composed You Should See Red Over Arson! An chapters offer the services of arson of insurance companies and insurance Arson Primer For the General Public" investigators who assist police, fire, trade associations. is distributed free in single or multiple and insurance agencies in the investi• The committee's Status Report 1: copies as a public service. gation of arson cases. Membership is On Arson Reporting-Immunity Legisla• A speaker's kit of the same title is $25.00 per year and includes the IAAI tion By The Insurance Committee for also available. The kit includes a slide quarterly newsletter "Fire and Arson Arson Control is available in multiple audio cassette packet with an accom• Investigator," the annual membership copies for distribution. The Report cov• panying written script. While the kit is directory, and the minutes of the annu• ers the status of immunity laws in each not available for permanent retention, al meeting. State and is designed". . . to aid anti• interested parties can obtain the IAAl's The Book of Selected Arti• arson groups in their review of legisla• speaker's kit on a 60-day loan basis. cles for Arson Investigators is in its tive needs." Proposed Status Reports Specific use dates should be indicated third edition (1978). This volume is a 2 and 3 will summarize, respectively, in the correspondence. collection of articles and essays cho• implementation progress in each State "Put the Heat on the Arsonist" is sen by the association to provide the and the possibility of expanding model Allstate's community action guide. The best and broadest coverage of the en• laws to cover other types of insurance publication, which is more detailed tire arson issue and sells for $60. fraud. "How to Form an Arson Task than "Why You Should See Red .. . ," The Insurance Crime Prevention Force" is a 4-page pamphlet the ICAC is in the process of revision; however, Institute (ICPI) represents approxi• distributes free in quantity to law en• limited copies are available. "Arson mately 350-member insurance compa• forcement agencies. Update" is a quarterly newsletter pub• nies who underwrite casualty and Of particular value to law enforce• lished since 1978 and in cooperation property insurance. The institute, ment personnel is the ICAC's Arson with the Illinois Advisory Committee on founded in 1971, has actively investi• Control Directory. A spiral notebook Arson Prevention. Requests to be gated insurance fraud, especially ar• with quarterly updates, the Directory placed on the newsletter mailing list son-for-profit cases which have includes four sections: 1) Basic infor• should also be addressed to Allstate's resulted in over 6,000 arrests and pros• mation on how to establish local arson Northbrook offices. ecutions since its beginning. "ICPI Re• control task forces, 2) a State-by-State port," published bimonthly by the directory of arson control organiza• Private Nonprofit Organizations institute, reports the news on this na• tions, 3) sample speech texts on arson, tional nonprofit organization and cur• and 4) a copy of Target: Arson, ICAC's Numerous private nonprofit orga• rent fraud cases. ICPI places emphasis official arson control document. The nizations work in tandem with the in• in this newsletter on arson cases, in• Directory costs $25, which includes all surance industry to combat arson. vestigations, and information re• subsequent additions, changes, and sources. The "Report" is distributed updates. free to member companies, law en• forcement agencies, and the media. Insurance Fraud ICPI Handbook for Insurance Personnel, distributed to law enforcement and fire agencies as well as to insurers, is a 38-page man• ual which includes a concise, statistical

May 1981 / 19 Representative of a number of pri• A member of Battelle's Human Af• fires. This computerized record en• vate nonprofit groups which work fairs Research Center, Law and Justice ables the industry to detect fraud pat• closely with insurance companies is Center, has just completed a 450-page terns and arson rings by following the the Illinois Advisory Committee on Ar• manual designed for use by enforce• histories of fires and arsonists even son Prevention (IACAP). The commit• ment officers entitled, Enforcement when the firesetters change insurance tee is one of 29 State arson Manual: Approaches for Combatting companies or geographic locations. committees across the United States. Arson-for-Profit Schemes, which has The AlA began gathering data a year IACAP was one of the earliest such been published by LEAA in conjunction prior to the system's on-line debut Jan• State committees, and like most, works with the U.S. Government Printing Of• uary 2, 1980. PILR is on-line 24 hours a with a membership of insurance fice. The Manual-issued in two vol• day, every day, and currently houses agents, firefighters, law enforcement umes, Strategic Approaches and 90,000 case histories. personnel, fire investigators, prosecut• Tactical Guides-addresses law en• The National Fire Protection Asso• ing attorneys, and others to promote forcement strategies and options, ciation (NFPA) provides a complete arson awareness and prevention. Pro• sources of information and cooperative catalog of its materials available for grams include arson hotlines and an efforts, interviewing, evidence, and a purchase through NFPA membership. arson award program for arson tips. bibliography of additional readings. Although the main thrust of the associ• Although the main thrust of its ef• Copies are available while they last ation is fire protection, especially safe• forts are within Illinois, the IACAP's from LEAA's Arson Unit. A training ty standards, NFPA also designs publications are available without manual to accompany the Enforce• instructional materials for arson pro• charge to other law enforcement offi• ment Manual is in preparation. grams. Among its instructional packets cers. The committee's newsletter "Up• Through a Battelle-LEAA grant, a are the nine units in the Arson Investi• date," issued 2 or 3 times per year, has model arson curriculum project entitled gation Series. Each unit includes 80 a national circulation. Three of the IA• A Model Curriculum and Trainer's slides, a coordinated slide/tape pres• CAP's booklets, mentioned earlier in Guide on Arson-for-Profit Enforcement entation, and an instructor's manual. this article, are distributed by State Programs has enabled officers with no The series sells for $55 per unit. Farm. special expertise to develop local train• Three additional publications, ing programs when professional train• Summary however, are available only from the ing is unavailable. The Curriculum This article presents only an over• committee. They are: Illinois Tackles includes a roster of existing specialized view of a few of the hundreds of local, Runaway Arson; The Torch's Reward; trainers and a listing of free and inex• State, Federal, private nonprofit, and For Sale: Burning Buildings-What pensive training resource materials. and industry groups which assist the Agents and Underwriters Should Know Another publication, Combatting Ar• law enforcement officer in arson pre• About Arson. The public relations offi• son-for-Profit, details the cooperation vention, control, and investigation pro• cer for State Farm serves also as pub• between the Battelle Memorial grams. All the groups mentioned can licity and correspondence chairman for Institute in Columbus, Ohio, and the direct the officer to additional agencies the committee. city of Columbus in designing an arson and associations active in arson inves• Other private groups involved in task force. tigation and education. Materials of all the study of arson include Battelle, a The American Insurance Associ• types, from handouts to audiovisual private contract firm which engages in ation's (AlA) arson efforts are aimed at aids, are available by request directed research activities worldwide. This or• assisting the 175 major property insur• to the individuals and groups men• ganization conducts research provided ance underwriters and trade associ• tioned in the Arson Information Check• by contracts and grants for private 'ations which form its membership. One list. This checklist provides the law groups and governmental agencies. of its major focuses, however, is edu• enforcement officer with a substantial Two Battelle subsidiaries have been cation. The AlA regularly provides beginning to any arson-related activi• particularly active in arson research seminars and workshops specifically ties. FBI and the production of arson-for-profit designed for police officers. materials for the law enforcement com• A unique AlA effort is the PILR munity. (Property Insurance Loss Reporting System), a computerized fire loss regis• ter of all fire losses with insurance, at the same address, with the same in• sured, or with other parties (such as adjusters) whose names are associat• ed with a number of the same types of

20 I FBI Law Enforcement Bulletin ARSON INFORMATION CHECKLIST

Aetna Life and Casualty Corporate American Insurance Association Federal Bureau of Investigation Communications Public Relations Office FBI Academy 151 Farmington Ave. 85 John St. Behavioral SCience Unit Hartford, Conn. 06156 New York, N.Y. 10038 Quantico, Va. 22135

Contact: Ms. Dolores Harper Contact: Bruce Bogart Phone: (703) 640­6131, Ext. 2639 (203) 273­2843 (212) 433­4400 Resources: The Firesetter: A Resources: Arson (Handout folder, Psychological Profile which includes an arson Battelle Human Affairs Research "Backgrounder," and two Centers Federal Bureau of Investigation brochures describing the Law and Justice Studies Center FBI Academy Library Seattle and New Haven 4000 N.E. 41st St. Quantico, Va. 22135 antiarson projects) Seattle, Wash. 98105 G.A.A.P. Kit ("Community Phone: (703) 640­6131, Ext. 2471 Contact: Clifford Karchmar Arson Awareness Resources: Arson (Bibliography) (206) 525­3130 Program" kit includes posters and instructions Resources: Enforcement Manual: Federal Bureau of Investigation for presentation) Approaches for Uniform Crime Reporting Section Combatting Arson­for- "Winning the War on Room 6212 Profit Schemes Arson" (16mm film. Color. J. Edgar Hoover Building 15:30 minutes. A Model Curriculum and 10th and Pennsylvania Avenue, NW. Available also in %­inch Trainer's Guide on Arson- Washington, D.C. 20535 video tape cassette) for­Profit Enforcement Programs Phone: (202) 324­2820 Allstate Insurance Companies Resources: Crime in the United States Loss Prevention Division Battelle Memonal Institute (Annual) Allstate Plaza North, F­3 The Center for Arson Prevention, Northbrook, III. 60062 Training, and Analysis Illinois AdviSOry Committee on Arson 505 King St. Prevention Contact: Ms. Rae Jones Columbus, Ohio 43201 P.O. Box 614 (312) 291­7610 Bloomington, III. 61701 Contact: Vernon Wherry Resources: Arson Update (Quarterly (614) 424­4949 Contact: David Hurst newsletter published in (309) 662­2311 cooperation with IACAP) For Sale: Burning Put the Heat on the Resources: Combating Arson­for- Building­What Agents Arsonist!!! (Program Profit: Advanced and Underwriters Should Guideline For Community Techniques for Know About Arson Action) Investigators Illinois Tackles Runaway Why You Should See Red Arson Over Arson! An Arson Primer for the General The Torch's Reward: Public What Insurance Claims (Brochure and also slide People Should Know audio cassette packet of About Arson same title) "Update" (Newsletter)

May 1981 / 21 Insurance Committee for Arson Control Law Enforcement Assistance State Farm Insurance Companies 20 North Wacker Dr. Administration Public Relations Office Suite 2140 Arson Unit Corporate Headquarters Chicago, III. 60606. 633 Indiana Ave., N.W. One State Farm Plaza Washington, D.C. 20531 Bloomington, III. 61701 Contact: Mr. Charles F. Stonehill, Secretary Contact: J. Michael Sheehan Contact: David Hurst (312) 558­3800 (202) 724­7677 (309) 662­2311 Resources: The Iceberg Crime: What Resources: Arson Control Directory Resources: Enforcement Manual: Police Officers Should How to Organize an Arson Approaches for Know About Arson Task Force in Your Combatting Arson­for- Community Profit Schemes Touched Off By Human Hands Status Report 1: On Arson Reporting­Immunity National Bureau of Standards The Ten­ Year War on Ar- son (Brochure) Legislation (By the ICAC) Center for Fire Research Washington, D.C. 20234 Verdict: Guilty of Burning: Insurance Crime Prevention Institute What Prosecutors Should Contact: Dr. Robert Levine Know About Arson Public Relations (301) 921­3845 15 Franklin St. Your Dollars Are Burning Resources: Fire Investigation Westport, Conn. 06880 (Brochure) Handbook (NBS Handbook 134) Contact: James Ryan U.S. Fire Administration (203) 226­6347 National Criminal Justice Reference Arson Resource Center Resources: "Anatomy of An Arson" Service Washington, D.C. 20472 (16mm film) P.O. Box 6000 Contact: Dr. Herman Weisman "ICPI Report" (Quarterly Rockville, Md. 20850 Newsletter) (202) 254­7840 Insurance Fraud: ICPI Contact: Publications Office or Library Resources: Arson Resource Directory Handbook for Insurance (301) 251­5500 Arson Resource Exchange Personnel Resources: Arson: A Selected Bibliog- Bulletin raphy Fire in the United States: International Association of Arson Arson and Arson Investi- Deaths, Injuries, Dollar Investigators gation: Survey and As- Loss and Incidents at the 97 Paquin Dr. sessment National. State and Local Marlboro, Mass. 01752 Arson Burns Us All! (Bro- Levels chure) Report to the Congress: Contact: Robert E. May, Arson Burns Us All! Pre- Arson­The Federal Role Executive Secretary in Arson Prevention and (617) 481­5977 ventiOn and Investigation Agencies Control Resources: The Book of Selected U.S. Fire Administration Arson Prevention and Articles for Arson National Fire Academy Control: Program Models Investigators Learning Resource Center "Fire and Arson Arson Prevention & Con- Route 1, Box lOA Investigator" (Quarterly trol. .. A New Report in the Emmitsburg, Md. 21727 Newsletter) Program Models Series We Are All Victims of Ar- Phone: (301) 447­6771 son Camera­ready Art

National Fire Protection Association 470 Atlantic Ave. Boston, Mass. 02210

Contact: (617) 482­8755

22 I FBI Law Enforcement Bulletin participate in the decision making proc• ess will be increasing. The major advantage of group de• cisions is that more information can be Group Decisions: considered and weighed during the process. Specialists and experts can The Promise contribute ideas, techniques, and strat• egies which may be unknown to other and the Reality members. Members from different divi• sions or geographical areas can pres• By DONALD C. WITHAM ent varying perspectives. Since information is a valued resource for Special Agent Management Science Unit Advocates of participation point decision makers, uncertainty and risk FBI Academy out the increased satisfaction of orga• can be reduced to some extent as a Quantico, Va. nizational members involved in the result of more data and more accurate decision making process. This in• information. Executives are required to There is a discernible trend in creased satisfaction is an important learn to live with ambiguity, but all of most large organizations toward allow• benefit of participative management; them are interested in minimizing it. ing groups or committees to make however, the principle goal of organi• Successfully implementing a deci• more decisions. In part, this trend is zations is not the satisfaction of their sion is also of concern to executives. merely a reflection of our heightened members. Organizations are purposive More than a few good decisions, care• awareness of the increasing complex• social arrangements. Accomplishment fully considered and based on accu• ity of society. This complexity serves to of the purpose, be it profitability, effi• rate information, have failed because make it less and less likely that one cient provision of services, etc., is the of difficulties in implementation. A ma• individual will possess the requisite proper goal of organizations. The use jor problem during implementation can knowledge, skills, and abilities to de• and degree of participation in the deci• be resistance by organizational mem• sign optimal solutions to critical prob• sionmaking process is a practical is• bers. Allowing persons affected by the lems. It is reasonable to assume that sue, not a moral one. Additionally, decision to become involved in the several talented persons acting to• techniques which can minimize the li• process of consideration is an effective gether possess more of these neces• abilities will be presented. Judicious method of gaining commitment to the sary attributes. use of these techniques and informa• decision. This involvement enhances There is another reason for this tion will help in closing the gap be• their understanding of the decision it• trend. This reason is less obvious to tween the promise and the reality of self and the underlying rationale. Addi• the casual observer and it is frequently group decisions. tionally, people work harder for that advanced as a moral imperative. Ever which they help to develop. Group in• since the Hawthorne Studies, behav• The Promise volvement in decisions can be a signifi• ioral scientists have been extolling the " When many are got together, you cant aid in implementing them. benefits of participative management. can be guided by him whose counsel Ideally, the ideas and information Some management theorists function is wisest. ... If a man is alone, he is of group members can be combined as disciples of this ideology. The ques• less full of resource, and his wit is and refined by others. In such a fash• tion has been perverted from whether weaker." ion, it is possible that the input to the participation works to how to make Homer-The Iliad decision process by the group can ex• participation work. This transformation A survey of a number of large ceed the sum total of the input of all of the question has not been insidi• organizations found that 94 percent of members. This notion of synergy, or ously motivated; it is an example of them used committees. I Committees combined action, can be a distinct ad• confusing values with goals. The argu• are the most common type of formally vantage of group decisions. The brain• ment goes as follows: Democracy is designated groups in organizations. Al• storming technique was developed to good. Participative management is though many people harbor negative facilitate this phenomenon. Alex F. Os• democratic. Therefore, participative feelings about them, committees are borne, a Madison Avenue executive, management is good. obviously widely employed by organi• developed the technique to assist in zations. Law professor Allen F. Westin triggering creativity in the field of ad• of Columbia University predicts that the vertising. He explained the term as 1980's will be an era of individual em• meaning the use of the brain to storm a ployee rights.2 Westin states that em• ployees will insist upon the right of participating in major organizational decisions. Apparently, the pressures upon executives to allow people to

May 1981 / 23 This activity served to prevent a stam• Alfred Sloan was aware of the pede of premature support for any al• problem of individual dominance while ternative. Facts were gathered, he headed General Motors. He estab• alternatives considered, and decisions lished committees with himself as made and implemented in a relatively chairman, but he did not attend early calm and calculated atmosphere. The meetings. He was careful to keep his Nation benefited enormously from this views and ideas from other members effective group decision making proc• during the analytical stage of the proc• ess. ess in order to facilitate open and can• did discussion of the situation. Only The Reality when careful development of ideas "Group thinking is dominated by the and alternatives had taken place would average thinking, because group Sloan become actively involved in the pressure tends to favor the group.7 This tactic can be effectively majority." used by many executives. Norman R. F. Maier 6 Another difficulty which can seri• For every successful group deci• ously impair the performance of group sion , people can point to several un• decisions is groupthink. The term successful ones. Consider the Bay of "groupthink" was coined by Irving Special Agent Witham Pigs or the failure to be prepared for Janis. Janis defines groupthink as, the attack on Pearl Harbor. Something " the concurrence-seeking tendency is apparently wrong within many observed among highly cohesive groups. The primary difficulty is the groups." 8 Cohesiveness indicates the creative problem and "to do so in com• lack of understanding by executives of appeal or allure a group has for its mando fashion, with each stormer au• group dynamics-how the structure members. Membership in certain daciously attacking the same and processes of groups affect individ• groups is highly desirable for reasons objective." 3 A large number of ideas, the ual members and their behavior. ranging from career enhancement to wilder the better, is sought from group In organizational settings, two social affiliation. When cohesivesness members in a spontaneous, unstruc• tendencies are particularly damaging is strong, it can occasionally make the tured manner. Judgment of the ideas is to group decision processes-individu• members' need for uniformity and con• deferred during collection to minimize al dominance and groupthink. Individu• sensus stronger than their need for inhibiting the members. Although brain• al dominance can result from placing a accuracy and correctness. 9 In such sit• storming can be useful, it appears that senior executive or high-status individ• uations, the group is more likely to do a the technique has been oversold. ual within a group. Such people inhibit better job at producing unanimity than Many group members become inhibit• the participation of junior group mem• top' quality decisions. The group be• ed in the presence of their peers or bers, who defer to the expertise or comes isolated from reality, begins to seniors. Consequently, their contribu• preconceptions of dominant members. feel invulnerable, and engages in ex• tions to the group are reduced. Re• This speeds the process, but the bene• cessive risks. Groupthink inhibits care• search has shown that the combined fit of wide input into problem consider• ful and comprehensive consideration efforts of individuals working alone will ation and resolution is lost. Extroverted of alternatives. Dissent within the result in more and better solutions than and articulate members can dominate group is discouraged and equated with those produced by face-to-face un• groups on the basis of their personal• disloyalty. Groupthink can have devas• structured groups. 4 ities rather than by what ideas they tating results for organizations. An example of a successful group have to offer with respect to the prob• decision is the response of the U.S. lem under discussion. When selecting Government during the Cuban Missile members, care must be exercised to Crisis of 1962. President Kennedy and avoid individuals who will dominate the the National Security Council consid• group. ered a wide variety of options to the Soviet deployment of offensive mis• siles to Cuba. Robert Kennedy, the Attorney General, was assigned the role of devil's advocate by the President. 5 In this role, he would point out the deficiencies and risks of all options.

24 I FBI Law Enforcement Bulletin Individual dominance and group• If interaction can be eliminated or mini• The process continues until all ideas think are the two most serious poten• mized during the search and dam col• have been recorded. Participants are tial problems of using unstructured lection phases of the decision making allowed to pass when they have ex• groups in decision making. There are process, member inhibition and cen• hausted their ideas, but may present other problems of which executives sorship can be avoided. Committee ideas in later rounds, should they de• must be aware, such as cost, time, and creativity can be enhanced. The Delphi velop new ones. At this point, the total risk. It costs more money for a group technique and the Nominal Group input of the group is easily visible to all rather than an individual to make a technique are structured group proc• members. It is not necessary to report decision. Depending upon the nature esses which limit interaction, and ideas that are identical to those al• and magnitude of the issue, the cost therefore, enhance group creativity ready listed; however, each member may be worthwhile or wasted. Evi• and effectiveness. Managers are en• can and should decide if his idea is a dence suggests that groups spend couraged to read Group Techniques variation of one suggested. Variations more time than individuals to reach a for Program Planning 13 which provides are welcomed to aid creativity. Since decision. IOAgain, the situation will deter• a comprehensive description of both the ideas are recorded sequentially, it mine whether the timing of the decision processes. is difficult to recall exactly who pro• is of significance. With respect to risk, posed which concept. Thus, it is hoped several studies have attempted to de• The Nominal Group Technique the ideas will be examined objectively termine whether individuals or groups (NGT) on their own merits. The list becomes a make riskier decisions. The tentative NGT was developed by Andre Del• depersonalized group product. and controversial finding is that groups becq and Andrew Van de Ven in The facilitator asks the members if may be more willing to take risks than 1968,14 and since that time, has been any of the ideas recorded on the chart individuals. 11 This finding is surprising to widely employed in a variety of set• are unclear. If so, a brief discussion is most executives. It may be that individ• tings. NGT is a structured group proc• conducted to clarify the ideas. Also, uals in a group can better hide their ess which requires a facilitator to direct members disagreeing with the ideas responsibility for failures-responsibili• the proceedings. Approximately five to are afforded an opportunity to voice ty for results can be diffused through• nine participants are brought into a their concerns. It is most desirable to out the group. Still, there is no room and seated at a table. In front of have ideas clarified by members other definitive evidence that groups make each participant is a pad of paper. The than the original contributor. The facili• riskier decisions than individuals. One facilitator describes the decision or tator can ask, "What does that idea researcher believes that groups serve problem under consideration, and a mean to you, Joe?" In this way, em• to reinforce the prevailing attitudes of problem statement for each participant phasis is on idea clarification and re• the members. 121f initial attitudes are on is written on his pad. The facilitator finement rather than excessive or the conservative side, subsequent advises the members. of the impor• destructive criticism. Usually, a skillful group activity moves toward more con• tance of the task and the need for their facilitator is able to list ideas so that servatism. Conversely, if the average individual contributions. The members they are readily understandable. This attitude is toward risk-taking, the group are then instructed to write down indi• clarification phase should not be al• moves in the direction of higher risk. vidually and in silence their ideas re• lowed to become argumentative, emo• garding the problem. Sufficient time is tional, or time-consuming, but the Closing the Gap allotted for the generation of ideas. facilitator cannot move so fast as to The reality described above is not The facilitator must avoid lengthy clari• hamper the discussion. inevitable. Executives can take actions fications of the task and act as an When the ideas are understood by which will substantially improve group example for other members by writing all group members, the facilitator re• performance. There is a rapidly grow• his ideas on the pad of paper. quests that each member rank order ing body of literature on group effec• Once ideas have been developed, the ideas in their importance. If numer• tiveness which can be of assistance. the facilitator, using a blackboard or a ous ideas are developed (more than In unstructured groups, members flip chart, begins recording the ideas of 20), it may be necessary to take two censure their input because they are the members. This is accomplished in votes. The first vote will eliminate sev• inhibited by fear of ridicule. This occurs a round-robin fashion with each mem• eral low priority ideas, and the second despite instructions to the contrary. No ber presenting one idea each round. vote will produce the aggregate judg• matter how nonjudgmental the envi• ment of the group on the most impor• ronment is structured, members will tant ideas. It may be helpful to hold not indiscriminately articulate ideas another brief discussion of the ideas that come to mind. Consequently, indi• for the purpose of further clarification viduals working alone are more cre• before the final vote. This decision ative in their approaches to problems. process uses mathematical averaging,

May 1981 / 25

...d which has been shown to increase the They must also possess good reading Conclusion ability of a group to reach a decision and writing skills. The first question is It seems obvious that the trend that reflects true group preferences. 15 stated broadly to encourage a wide toward increasing reliance on group By this method, the judgment of each variety of responses. Numerous re- decision making will continue. Group member is equal to every other mem- spondents can be involved in this proc- decisions can be of inestimable value ber's judgment. The aggregate group ess which can entail enormous to law enforcement executives who judgment obtained during the final vote amounts of work for the staff. General- have an understanding of group dy- represents the group determination. ly, 10 to 15 participants are adequate. namics. Problems such as individual The facilitator concludes the meeting The staff collates and lists the posi- dominance and groupthink cannot be and thanks the participants for their tions of the respondents for the first ignored without serious risks. Tech- contributions. round. niques such as NGT and Delphi have Small group research has deter- All first round positions, solutions, been validated and successfully em- mined that groups having five to nine and forecasts are communicated to ployed in a wide variety of settings in members are most effective. 16 This each participant in the second round. both the public and private sector. guideline is also applicable to NGT. Participants are permitted to modify There is little evidence that the advan- Members should be selected based on their positions in the second and suc- tages of these processes are appreci- their anticipated contribution, not be- ceeding rounds, but they must docu- ated within law enforcement. cause of their position or out of polite- ment the reasons for the modification. As law enforcement becomes ness. NGT is appropriate for complex Participants rank order the positions by more complex and specialized and re- group decisions. The process is limited importance. The process continues sources further constrained, the quality to consideration of a single issue and through subsequent rounds until the of our decisions must improve. Group is rather time­consuming. NGT usually group approaches a consensus. participation in the decision making requires 60 to 90 minutes. 17 Less struc- Delphi, a very time­consuming process is a practical issue, not a mor- tured approaches should be used for process, can require several months. A al consideration. Effective decision simple or routine considerations or highly skilled and industrious staff is a groups can contribute significantly to a when several items need to be re- prerequisite to success. Research indi- favorable future for law enforcement. solved at one meeting. cates that such a process leads to FBI better decisions than face­to­face The Delphi Technique Footnotes groups. 19 The technique can be effec- The Delphi technique, sometimes tive for identifying problems, setting pri- 1 David R. Hampton. Charles E. Summer. and Ross A. referred to as the Delphi method, is a Webber, Organizational Behavior and the Practice of orities and goals, and identifying Management, 3d ed. (Glenview, III.: Scott Foresman and group decision process that uses writ- problem solutions. It is particularly ap- Co., 1978). p. 243. ten communication. 18 Individual mem- 2 " Issues of the '80s: Employee Rights," Nancy L. plicable for long­range forecasting and Ross, The Washington Post. June 13, 1980, Section C, bers can be either anonymous or p. 8. future research. The technique deem- 3 Alex F. Osborne, Applied tmagina/Jon, (New YOfk: known to each other, but they are not phasizes personalities and status and Cha~es Scnbner's Sons, 1953), p. 297. brought physically together during the • David R. Hampton, et aI., OrganIZational BehevKJr focuses participant attention on the and the PractJC8 of Management, p. 247. process. The written communications matter under consideration. It can be • Ibid, p. 281. do, however, remain anonymous. The • Norman R. F. Maier, Psychology in Industry, 3d ed. used to aggregate judgments where (Boston: Houghton Mifflin Co., 1965), p. 194. technique essentially consists of a se- persons are hostile toward one an- , David R. Hampton, et aI., Organtza/Jonal Behevror ries of questionnaires. and the PractJC8 of Management, p. 254. other. 'Irving L. JallIs and Leon Mann, DeciSlOfl Making­A The key to successfully employing Delphi is being employed in an Psycholog/CSI Analysis of Conflict, Choice and Delphi lies in carefully and accurately Commitment, (New YOfk: The Free Press, 1977), p. 129. ongoing study concerning the future of • DaVid R. Hampton, et al., Organizational BehavKJr developing the Delphi question. The and the Practice of Management, p. 254. criminal justice. The study is being con- 10 Ibid, p. 246. question must reflect the needs of the ducted by Ralph G. Lewis and Ronald 11 Ibid, p. 248. sponsoring group, and it must be suffi- "Ibid. Schneider of Florida International Uni- 13 Andre L. Delbecq, Andrew H. Van de Ven, and ciently clear and broad so as not to versity in North Miami, Fla.2o The study David H. Gustafson, Group Techniques for Program frustrate and demotivate the respond- Planning, (GlenVIew, III.: Scott Foresman and Co., 1975). asks respondents to list the five most " Ibid, p. 7. ents. Respondents should be selected critical problems that will be faced by .. Ibid, p. 55. because of their knowledge, their inter- .. David R. Hampton, et aI., Organizational Behevror criminal justice administrators in the and the Practice of Management, p. 251 . est in the situation, and their motivation H Andre L. Delbecq, et aI., Group Techniques for year 2000. Studies of this nature Program Planning, p. 81 . to complete several questionnaires. should be most helpful to law enforce- .. N. C. Dalkey, "The Delphi Method: An Experimental Siudy of Group Opinion," Rand Corpo

26 I FBI law Enforcement Bulletin SEARCH OF PERSONS DURING SEARCH WARRANT EXECUTION

risk of armed assault. 29 Yet, the Su• (Conclusion) preme Court made it clear in Ybarra that such a self-protective frisk may not be routinely undertaken in every case. Rather, a " reasonable belief or suspicion [that the person is armed and dangerous) directed at the person to be frisked" must exist. 30 By JOSEPH R. DAVIS Part I of this article examined A review of State and lower Fed• Special Agent Ybarra v. IIlinois, 28 the leading U.S. eral court cases is helpful in identifying Legal Counsel Division Supreme Court case regarding the le• the type and quantity of proof required Federal Bureau of Investigation gality of searching persons who are to meet this standard. Washington, D.C present at premises where a search warrant is being executed, but who are Frisk of Persons Present or Arriving not named in the warrant. It focused on During Execution of a Search War• the question of when a full search of a rant person present for evidence or contra• The following three State appel• band would be justified. late court cases, although decided The conclusion of the article con• prior to Ybarra, offer good examples of Law enforcement officers of other siders the circumstances under which a reasonable belief or suspicion di• than Federal jurisdiction who are persons present at premises during ex• rected at the person to be frisked, interested in any legal issue discussed ecution of a search warrant may prop• which is required to support a patdown. in this article should consult their legal erly be subjected to a more limited The factors relied upon by the courts in adviser. Some pOlice procedures ruled patdown or frisk to discover weapons upholding the frisks are enumerated in permissible under Federal and the allowable scope of such frisks. each case. constitutional law are of questionable Additionally, it considers the related In McNamara v. State, 31 a Florida legality under State law or are not question of whether information gained case, (1) the search was of the defend• permitted at all. by an officer in the course of a properly ant's apartment; (2) the search warrant limited patdown may be relied on to affidavit indicated he was seen at the establish probable cause to conduct a apartment a short time before, cutting more thorough search of the person and packaging narcotics; (3) the officer for evidence or contraband. was aware that the defendant had a Often, the " particularized probable prior felony record; (4) the officer testi• cause" standard required to support fied as to his experience that a high an evidentiary search of persons pres• percentage of persons arrested for ent during execution of a search war• narcotics offenses are found to be rant cannot be satisfied. Nevertheless, armed; (5) the apartment was located officers may feel unsafe in proceeding in a high-crime area; and (6) the de• with the execution of a warrant without, fendant was wearing a trench coat at least, a limited patdown or frisk of which provided an opportunity for con• these individuals to guard against the cealment of a weapon.

May 1981 I 27 "The same considerations which justify a frisk of persons present during the search will support a patdown of an individual who arrives during the course of the search."

In an Oregon decision, 32 (1) the The above cases illustrate the officers knew the person frisked was three factors most often cited as up• reputed to carry a gun, and (2) the holding a frisk in such circumstances: premises being searched were occu• (1) Specific prior knowledge concern• pied by the defendant. ing the person to be frisked, indicating The Colorado Supreme Court33 he might pose a threat to the officers validated the frisk of a person attempt• (such as a prior criminal record, reputa• ing to leave premises to be searched tion, or specific informant information where (1) it was that person's resi• as to dangerousness); 37 (2) specific dence; (2) he turned away from the observations of the person's appear• officers quickly and put his hand into ance or behavior at the time of the his pocket; (3) he was known to have a search (furtive action, bulge in cloth• prior criminal record, including assault ing); 38 and (3) a known connection be• with a deadly weapon; and (4) he ap• tween the person frisked and the peared to be under the influence of premises being searched under the drugs or alcohol. warrant. 39 The persuasiveness of the A Federal court of appeals, in pre• first two factors is obvious, because Ybarra case,34 also found a frisk lawful they directly support the need for the where (1) the search warrant targeted frisk. The rationale of the third factor is Special Agent Davis an illegal after-hours drinking establish• less obvious, but it appears to rest on ment; (2) the frisking officer testified the logical assumption that a close that firearms had been discovered in connection with the premises indicates almost every prior raid of 30 to 40 the strong probability of involvement in similar clubs; and (3) the person frisked the illegal activities supporting issu• was wearing a uniform similar to that of ance of the warrant. This, in turn, indi• a nearby police agency (giving rise to cates an increased likelihood that the concern he might be armed). person may be armed and attempt to A recent post- Ybarra decision of a interfere with the search. Washington State appellate court35 al• The same considerations which lowed the frisk of a person present in a justify a frisk of persons present during private residence during a warrant-au• the search will support a patdown of an thorized search for narcotics, where individual who arrives during the the officers had information that nar• course of the search. A Federal district cotics were sold within the previous 24 court case,40 decided prior to Ybarra, is hours. The majority opinion held this illustrative. A frisk of a person arriving case was different from Ybarra primar• during execution of a search warrant ily because of the private nature of the for narcotics was upheld where (1) the premises. An additional and more con• officers had information that the indi• vincing justification for the frisk was vidual was an occupant of the resi• offered in a concurring opinion. It ex• dence; (2) the officers knew he had a plained that prior to the frisk, the officer prior felony record, including narcotics who authorized it saw a bulge in the and burglary offenses; and (3) the offi• defendant's pocket which " piqued his cers testified as to their general experi• interest" and made him " concerned ence that narcotics traffickers are about [his] safety and the safety of often armed. [his] detectives."36

28 I FBI Law Enforcement Bulletin Since Ybarra, the few reported de• Proper Scope of Weapons Frisk Supreme Court. That question may be cisions involving the frisk of a person In Terry v. Ohio,44 the landmark posed as follows: arriving during the execution of a case which first recognized that a If an officer, in the course of a search warrant have invalidated the limited search might be proper in the justified and properly limited frisk for frisks. 41 Each of these cases involved a absence of probable cause, the Su• weapons, feels an object which does search of a private residence for nar• preme Court was careful to point out not appear to be a weapon, but does cotics and related evidence. It is signifi• that the only purpose of the frisk is to feel like evidence described in the cant that in each case the prosecution protect the police officer. 45 Subsequent search warrant or contraband, may was unable to make any showing of cases in the Supreme Court and in he use this information to establish prior knowledge concerning the person Federal appellate courts have been probable cause to support a more who arrived,42 to point to any specific consistent in restricting the scope of thorough search of the person for action or appearance of the person the frisk to a search for weapons. 46 the evidence or contraband? that caused concern, or to establish The Supreme Court in Ybarra made You may recall from the earlier any connection between the individual reference to this principle by noting discussion that the prosecution in frisked and the premises being that " nothing in Terry can be under• Ybarra urged the Supreme Court to searched. stood to allow . . . any search at all for adopt this approach to validate the If a frisk is challenged in court, the anything but weapons." 41 (Emphasis second search of the defendant. It ar• prosecution has the burden of estab• added) gued that in the .first patdown, the offi• lishing the facts and circumstances Of course, if an officer in the cer felt a cigarette pack with objects in which gave rise to a reasonable suspi• course of a patdown of the exterior of it and that this provided probable cion that the person was armed. To the suspect's clothing feels an object cause to believe Ybarra was conceal• facilitate this, the officer who under• which he has reason to believe or ing narcotics, thus establishing justifi• takes such a frisk should record as suspect is a weapon, he may then cation for the second, more thorough soon as possible all the reasons sup• reach into the pocket or inner clothing search in which the narcotics were porting the need for the self-protective and retrieve the suspicious object. If retrieved from his pocket. Although the search. This will accomplish two impor• the item removed is a weapon or is Court refused to consider that ap• tant things: (1) It will force the officer to immediately apparent as evidence or proach in Ybarra , because there was identify and isolate each fact or circum• contraband, it may properly be seized. 48 no sufficient basis for the initial frisk, it stance that was present at the time, In cases where evidence or contra• did not condemn the underlying ration• and (2) it will provide a record to re• band is recovered in this fashion, the ale.sl fresh the officer's memory in the event reviewing court must be convinced that Several State and lower Federal of a later court hearing. In the event of the nature of the object is such that it court decisions have accepted this a court hearing, it is imperative that the could reasonably have been mistaken two-step approach and have relied on testifying officer and counsel for the for a weapon in the initial patdown. 49 If, it to validate seizures of evidence or prosecution get each supporting fact upon removal, the item is neither a contraband. A brief review of two re• into the court record. 43 weapon nor apparent as evidence or cent cases may be useful. contraband, there would ordinarily be State v. Broadnax, 52 a State appel• no justification for a further examina• late court decision, is an excellent ex• tion of the item. so ample. In Broadnax, officers executed a search warrant for narcotics at a private residence. The search warrant May the Frisk Provide Probable was based upon an affidavit which al• Cause for an Evidentiary Search? leged that within the previous 24 hours, Although it is settled that the frisk narcotics had been offered for sale at itself cannot properly be expanded to the house by a person residing therein. include a search for evidence or con• traband, there is a related question which has not been answered by the

May 1981 I 29 " . . the initial patdown [should] be completed prior to returning to the pocket believed to contain evidence or contraband."

The officers found several persons " In the course of the patdown, the from the more limited initial frisk for within the residence and frisked two officer felt something like a weapons. To assist in this, it is sug• adult males. While frisking one of druggist's prescription vial , which gested that the initial patdown be com• them, a detective felt a small bulge in rattled, in defendant's right jacket pleted prior to returning to the pocket his shirt pocket. The detective, an ex• pocket. He removed the object, believed to contain evidence or contra• perienced narcotics officer, testified which proved to be a gray plastic film band. Interrupting the frisk in " mid• that he did not believe it to be a weap• canister, opened it and found stream" to reach into a pocket to seize on , but believed it was a balloon of amphetamine tablets inside." 55 evidence or contraband makes it ap• heroin. The officer removed the item At the suppression hearing, the pear the weapons frisk has exceeded which was, in fact, a balloon containing defendant conceded that the frisk was its proper bounds. Such action may heroin. The court first decided, for rea• justified, but argued that its scope (ex• also weaken the argument that the sons not important to the present dis• tending to the seizure of evidence) was frisk was justified at the outset, be• cussion, that the initial weapons frisk too broad. The court took notice of the cause failure to complete the patdown was appropriate. Then, the court ob• officer's testimony that in his experi• raises the question of whether the offi• served that the subsequent seizure of ence, prescription vials and film canis• cer was actually concerned for his the balloon from the pocket was justi• ters are often used to carry narcotics. safety or simply was using the frisk as fied, because the detective had, during The court also stressed the fact that a subterfuge to make an evidentiary the frisk, recognized the bulge as a the place being searched was de• search. balloon containing narcotics, giving scribed as a "shooting gallery" where In some cases, particularly those him "probable cause to arrest and to the presence of large quantities of where an officer believes he has dis• seize the balloon as contraband and as drugs had been reported. In upholding covered contraband in the course of evidence of crime." 53 (Emphasis add• the seizure of the canister, the court the initial patdown, it may be advisable ed) stated: for the officer to inform the person he The Court of Appeals of Oregon "Given the conceded validity of the or she is under arrest prior to retrieving followed a similar rationale in another frisk, the officer had probable cause the object from the pocket. This makes recent decision. 54 Officers executed a to remove and search the object it clear that the evidentiary search is search warrant for the clubhouse of a which, because of its size, shape not simply an improper extension of motorcycle gang. There were approxi• and sound, and the officer's the frisk, but rather based upon prob• mately 30 individuals present in the experience, gave rise to a 'well• able cause to believe the person is in premises, and all were handcuffed at warranted suspicion justifying a possession of evidence or contraband. 57 the outset. A few minutes later, the reasonable man in the belief It should be recognized that the defendant was subjected to a patdown that' . . . the object was a vial practice of using facts gained in the search for weapons. The search was containing contraband." 56 course of a frisk to support an eviden• described as follows: In cases such as those men• tiary search has not as yet gained tioned, where the probable cause to broad acceptance among judges and search arises from the frisk, it is critical legal commentators. 58 Some courts to convince a reviewing court that the may view it as a subterfuge or strata• subsequent search for and seizure of gem to avoid the general prohibition evidence or contraband is separate against searching for evidence in the course of a frisk. Therefore, the matter should be discussed with the depart• mental legal adviser and the appropri• ate prosecuting attorney prior to reliance on this theory to support an evidentiary search of an individual.

30 / FBI Law Enforcement Bulletin Summary Footnotes " United States v. Thompson, 597 F.2d 187 (9th Cir. " 444 U,S, 85 (1979) (Hereinafter Ybaffa). 1979) (Defendant's repeated attempts to reach into pocket It is clear from the recent Supreme ,.Mr, Justice RehnqUist makes this POint In his coupled with officer's inability to determine from patdown whether the pocket contained a weapon jusllfled probe of Court case, Ybarra v,lIIinois, 59 and sim• dissenting opinIOn in Ybaffa, Hi, at 107, qUIOling from W. LaFave, Search and Seizure, Vol. II , Section 4.9 (1978). pocket, but once ofhcer removed envelope from pocket ilar decisions of State and lower Feder• .. Ybaffa, supra note 28, at 94. and alleviated concern It might be a weapon, the opening al courts, that officers executing a " 357 So.2d 410 (Fla. 1978). of the envelope was not proper. Court noted officer only " State v, Yarbrough, 552 P.2d 1318 (Or. Ct. App. had " unfounded hunch" It contained eVidence); State V. search warrant for premises may not 1976). Allen, 606 P.2d 1235 (Wash. 1980) (After officer removed " People v. Casias, 563 P.2d 926 (Colo. 1977). wallet after feeling bulge In course of patdown, he was not routinely search or frisk persons pres• .. United States v. Liggons. 545 F.2d 1118 (8th Cir. lusllfled in opening It) . ent. In order to make a valid search of 1976). .. Ybaffa, supra note 28, at 92- 93. " Statev. Broadnax, 612 P.2d 391 (Wash. Ct. App. " Supra note 35. a person for evidence named in the 1980); accord, Travis V. State, 381 So.2d 97 (Ala. Cr. App. " Id. at 393. Accord, State V. Yarbrough. supra note search warrant or for contraband, the 1979), rehearing denied, 381 So.2d 102 (1980), writ 32, (also a balloon case) and Guzman v. Estelle, supra denied, 381 So.2d 102 (Ala. Sup. Ct. 1980) (Court upheld note 37, (officer felt " fingerstall" often used to ca"y officer must be able to point to facts full search of person when, after forcible entry into narcotiCS). But see State V. Hobart, 617 P.2d 429 (Wash. 1980). In Hobart the Supreme Court of Washinglon, sitting and circumstances amounting to prob• premises to execute a search warrant for narcotics, he was stopped as he attempted to exit from the back door. En Banc, held that a frisk of an individual, though properly able cause to believe such items are in Court noted, by way of dictum, that under the justified at the outset, was Illegal where its scope was not circumstances a frisk of all persons present would be limited to a patdown for weapons, but included exploration his or her possession, To support a justified). of the possibility the defendant might be in posseSSion of lawful patdown or frisk for weapons, ..State v. Broadnax, supra note 35, at 394-95. narcotics. The court noted that after feeling spongy " Guzmanv. Estelle, 493 F.2d 532 (5th Glr. 1974) objects in defendant's pocket, the officer squeezed them the officer must satisfy the court that (knowledge of prior criminal record). With the obvious purpose of determining whether they had he had a reasonable belief or suspicion " Statev. Lomax, 603 P.2d 1267 (Wash. Ct. App. the shape and consistency of balloons commonly used for 1979) (Forced entry by officers and observation of narcotics. The court viewed the " squeezing" as an that the person frisked was armed and defendant with hand in pocket of robe supported Improper extension of the patdown. This case may be dangerous, immobilizing arm and reaching into pocket); Guzman v. distinguished from the three cases cited above wherein the Estelle, supra note 37 (bulge observed in pocket). courts did not find the officers were searching for The scope of such a frisk is limited " In United States V. Miller, 546 F.2d 251 (8th Cir. narcotics. Also, the frisk in Hobart took place after a stop 1976) (court invalidated frisk of person who said he was on the street for a reason unrelated to a narcotics to a patdown of the exterior of the just a visitor and appeared to be). investigation, whereas in Broadnax, Yarbrough, Guzman, person's clothing, unless the officer .. United States v. Mack, 421 F. Supp. 561 (W. D. Pa. and Estelle, the frisks and subsequent searches took 1976) , aff'd mem., 568 F.2d 771 (3d Cir. 1978); accord, place inside premises where warrant-authorized searches feels an item which the officer reason• United States v. Peep, 490 F.2d 903 (8th Cir. 1974); for narcotics were underway. People V. Nefzger, 476 P.2d 995 (Colo. 1970) (person ..State V. Olsen, 611 P.2d 695 (Or. Ct. App. 1980). ably believes or suspects is a weapon, " Id. at 696. asked to remove his hands from pocket, but then put his &6 /d. in which case the officer may retrieve hand back in as officer approached him). the item from the suspect. ., United Statesv. Cole, 628 F. 2d 897 (5th Cir. 1980); " An argument may be made that given probable Bellv. State, 608 P.2d 1159 (Okla. Cr. App. 1980); Statev. cause to believe that a person is in possession of Some courts have allowed infor• Peters, 611 P.2d 178 (Kan. Ct. App. ! 980); United States contraband, there is probable cause to arrest, and once v. Clay, 28Crl 2537 (8th Cir. 2/9/81). this is established, it is immaterial whether the formal mation obtained in the course of the " In United States v. Cole, supra note 41 , the officers announcement of arrest takes place before or after the frisk to be used to supply probable testified that they had " previously received information" of search incident to the arrest. This view is accepted in the an undisclosed nature about the defendant. The court pre- Ybaffa case of United States V. Peep, supra note 40, cause for a more thorough evidentiary noted that without some knowledge of the content of the at 907 n.4. In a different context, the U.S. Supreme Court search, Although this approach ap• information, it could not judge the reasonableness of the recently stated that given probable cause to arrest, " we do inference of dangerousness. not believe it particularly important that the search pears analytically sound, the Supreme ..See footnote 42, supra, for an example of a failure preceded the arrest rather than vice versa." Rawfing V • Kentucky, 65 l.Ed.2d 633 at 645, -- U.S. - (1980). Court has not ruled upon it and it has to communicate available information to the reviewing court. " See State v. Hobart, supra note 53. For example, gained only limited acceptance by " 392 U.S. 1(1968). Professor LaFave, in his treatise on the fourth amendment, " Id. at 29. makes no mention of this theory. LaFave, Search and State and lower Federal courts, FBI " E.g., Sibron V. New York, 392 U.S. 40 (1968); Seizure (1978). Adamsv. Williams, 407 U.S. 143 (1972); United States v. ..Supra note 28. Del Toro, 464 F.2d 520 (2d Cir. 1972). " Ybaffa, supra note 28, at 93- 94 . .. Terry v. Ohio, supra note 44 (gun); Adams V. Williams, supra note 44 (gun); State v. Streeter, 195 S.E.2d 502 (N.C. 1973) (burglary tools) . .. United States v. Del Taro, supra note 46, (Court noted It " strained credulity" to suppose that experienced narcollcs officer feeling small and flexible object in shirt pocket reasonably suspected it was a weapon. Narcotics seized from pocket ordered suppressed).

May 1981 / 31 RBY THE ~rBl ~ ­=

Photographs taken 1977

Norman Edward Risinger Description Caution Norman Edward Risinger, also Age ...... 39, born March Risinger is being sought as the known as J. E. Owings, James E. 17, 1942, Port alleged gunman in the execution­style Owings, James Edward Owings, Arthur, Tex. murders of three people and should be Norman Edward Reisinger, Norman Height ...... 6'. considered armed and dangerous. Edward Risimer, N. E. Risinger, Weight ...... 160 to 180 Norman Risinger, Norman Edward pounds. Notify the FBI Patrick Risinger, " Spider. " Build ...... Medium. Any person having information Hair ...... Balding­graying which might assist in locating this Wanted for: brown. fugitive is requested to notify Interstate Flight­Murder Eyes ...... Brown/hazel. immediately the Director of the Federal Complexion...... Light. Bureau of Investigation, U.S. The Crime Race...... White. Department of Justice, Washington, D.C. 20535, or the Special Agent in Risinger is being sought as the Nationality ...... American. Charge of the nearest FBI field office, alleged gunman in the execution­style Occupation ...... Mechanic. the telephone number of which shotgun murders of three rival motor- Scars and marks .... Scar between appears on the first page of most local cycle gang members whose bodies, eyebrows and directories. weighted with concrete blocks, were on stomach and later found floating in a rock pit. back; left ear A Federal warrant was issued for pierced; tattoos: Classification Data: Risinger's arrest on August 20, 1978, devil with words NCIC Classification: " Born to Raise at Fort Lauderdale, Fla. 1901TTAATT16SRAA04AA Hell" on left Fingerprint Classification: Criminal Record forearm, skull Risinger has been convicted of with crossed 19 L 1 U tat Ref: T U T U T U T 1 theft, aggravated assault, and pistons and M 1 U a­ a AATTRRU3 aggravated battery. words "Outlaws Forever" and "Chicago" on left upper arm. Remarks ...... Wears mustache and beard; reportedly a member of the "Outlaw" motor- Right thumb pont cycle gang. FBI No...... 198 922 D.

32 I FBI Law Et)lorcement Bulletin

u. S. GOVERNMENT PRrNTING OFl"ICE I 1981 0 - 339- 925 Change of ~ORCEMENT Address rBI Not an order form BULLETIN

Complete this form and return to: Name

Director Title Federal Bureau of

Investigation Address Washington, D.C. 20535

City State Zip

Gas Weapon

Advertised as a "key to personal protection," this key chain actually contains a nontoxic solvent capable of incapacitating a person for up to 30 minutes. Law enforcement officers should be aware of such capabilities when encountering this innocent­looking device. (Submitted by the Minnetonka Public Safety Department, Excelsior, Minn.) ­ ..,..... --- ...... ------U.S. Department of Justice Official Business Postage and Fees Paid , Federal Bureau of Investigation Penalty for Private Use $300 Federal Bureau of Investigation Address Correction Requested JUS­432

Controlled Circulation Rate U.S.MAIL

Washington, D.G. 20535

Questionable Pattern The pattern shown has an interesting ridge formation in the center of the impression. The pattern is classified as a central pocket loop­type whorl with an inner tracing and is referenced to a loop.