lPl g3D August 1989 Law Enforcement Bulletin

Also In This Issue: Computer Expert Systems Policing Demonstrations Drug Detection Dogs

Crime-Time Television August 1989, Volume 58, Number 8

Features 1 Crime-Time Television By Scott A. Nelson 12 Expert Systems for Law Enforcement By Roland Reboussin and Jerry Cameron 18 Policing Demonstrations By Robert J. Johnston, Jr., and Lawrence F. Loesch , Jr. 26 Hounding Drug Traffickers: The Use of Drug Detection Dogs By Kimberly A. Kingston

Departments 10 The Bulletin Reports 17 Book Review 24 Police Practices lJSrn1J Law Enforcement Bulletin

United States Department of Justice Published by the Office of The Cover: Featured on the cover are Federal Bureau of Investigation Public Affairs, John Walsh, host of " America's Most Washington, DC 20535 Milt Ahlerich, Assistant Director Wanted," and Robert Stack, host of " Unsolved Mysteries." See article p. 1.

William S. SeSSions, Director Editor-Stephen D. Gladis The FBI Law Enforcement Bulletin Managing Editor- Kathryn E. Sulewski (ISSN-0014-5688) is published monthly by the The Attorney General has determined that the Federal Bureau of Investigation, 10th and Penn• publication of this periodical is necessary in the Art Director-John E. Ott sylvania Ave ., NW., Washington, DC 20535. transaction of the public business required by law of the Department of Justice. Use of funds for Production Manager-Andrew DiRosa Second-Class postage paid at Washington, DC. printing this periodical has been approved by the Postmaster: Send address changes to Federal Director of the Office of Management and Bureau of Investigation, FBI Law Enforcement Budget. Bulletin, Washington, DC 20535.

ISSN 0014-5688 USPS 383-310 Crime-Time Television

By scon A. NELSON Section Chief Office of Public Affairs Federal Bureau of Investigation Washington, DC

------______August1989 1 mericans live in an ever• "crime-time" television shows The success of this program changing electronic world have resulted in the apprehension is well documented. Within the A where "one picture is of fugitives, the solution of diffi• first year, 9 of the first 20 "Top worth a thousand words. " One cult cases, and positive publicity Tenners" were arrested as a result particular medium that has exerted for the law enforcement agencies of citizen tips. To date, informa• a dominant influence over our involved. tion from citizens alone has led to society is television. Ninety-eight This article discusses the the capture of 121 of the 426 percent of all American homes development of crime-time televi• "Top Ten" fugitives who have have at least one television set sion and its pros and cons. It also been added to the list. Obviously, which is turned on for more than 6 offers suggestions to the law the widespread publicity generated hours a day. I enforcement manager who may be by the printed media worked. The value of citizen participation in TV has an almost mesmeriz• approached by a local or national capturing the mobile, elusive ing power over viewers. It can network to participate in a crime• criminal cannot be questioned. captivate an audience to such an solving program. extent that it can influence public Law Enforcement From Print to Picture Tube opinion and set public policy. and the Printed Media During the 1960's and early Why? The answer is simple- tele• The FB I' s "Ten Most 1970's, television crime dramas vision is everywhere. It is also Wanted Fugitives" Ii t was law dominated the airwaves. One of entertaining, requires little effort, enforcement's first major union the most popular was "The FB I," and presents information in both with the media. A newspaper story which is considered to be one of visual and audio terms. in 1949 led to the creation of the the top five longest running televi• Law enforcement agencies Iist after a reporter asked the FB I sion series. The program, tarred are just beginning to realize the for the names and descriptions of Efrem Zimbalist, Jr., as Inspector full potential of this powerful the "toughest guys" the Bureau Erskine and aired from 1965 to medium and to use it to their would like to capture. The story 1974. It occupied a highly coveted advantage. In recent years, the law generated so much positive pub• time slot-Sunday at 8:00 p.m.• enforcement profession has joined licity that on March 14, 1950, for• considered by many to be the forces with the TV media and, in mer FB I Director J. Edgar Hoover "family hour." The series drama• turn, with the public to form a approved the "Most Wanted Fugi• tized actual FBI cases that had beneficial partnership. Weekly tive" Program. been solved. In the wake of the Vietnam War, crime dramas became unpopular to American television viewers. An anti-establishment Two of the most mentality prevailed, and this impacted dramatically on the pub• " popular shows, lic's perception of law enforce• 'America's Most ment. Wanted' and However, in the early 1980's, a 'Unsolved Mysteries' new FBI drama starring Mike Connors appeared on the televi• have become sion screen. "Today's FBI" por• potent law trayed the changes that had taken enforcement tools. place not only within the organiza• tion but al 0 within the criminal Special Agent Nelson world. A female Agent and a black Agent joined the team to " solve cases dealing with modern• day crime problems, such as white-collar crime and organized crime. The two shows, "The FBI" viewers demand, networks position In modern-day program• and "Today's FB 1," were solei y revamped their programming ming. to entertain the viewing public. schedules. But, the television Two of the most popular The cases portrayed had already shows took on a new look-a new shows, "America's Most been solved; the perpetrators had direction. Wanted" (AMW) and "Unsolved been apprehended and convicted. Dramatized, factual re-crea• Mysteries" (UM) have become tions or "reality programming" potent law enforcement tools. Crime-Time Television now appear on the screen. They are basically a more visual By the 1980's, there was a Viewers are asked to help identify and more interesting extension of resurgence of public interest in or locate criminals. Crime-time the "Top Ten" Program that has crime dramas. Responding to television has taken a premier captured America's attention since

Inspector Erskine (Efrem Zimbalist, Jr.) and Assistant Director Ward (Philip Abbott) of " The FBI"

Mike Connors of "Today's FBI"

Efrem Zimbalist, Jr., is trained in the use of firearms at the FBI National Academy in Quantico, Virginia

1------August 1989 3 the 1950's. While AMW centers to 15 million viewers, It IS cur• viewed by approx imately 30 mil• on factual fugitive re-creations, rently the number-one rated Fox lion people every Wednesday UM's format is more varied, television network show. Its popu• night. covering not only fugitives but larity has boomed, and it now airs also unsolved criminal cases and on 123 Fox-affiliated stations in A Beneficial Partnership major American cities. unexplained mysteries. Both Although crime-time televi• John Walsh describes shows factor in entertainment, and sion is common in such European that, combined with the public's "America's Most Wanted" as a countries as England, West Ger• "weekly nationwide criminal desire to help, accounts for the many, and The Netherlands, the manhunt. " The show attempts to audience draw . genre is still fairly new to the United States. Yet, the FB I has cooperated with certain crime-time television shows from the very "Several other Federal agencies ... have also beginning. recognizing the pro• cooperated with the television industry to grams as unique opportunities to produce crime-time television shows and are catch fugitives and solve cases through public/ private involve• reaping substantial benefits. ment. Several other Federal agen• cies, such as the Drug Enforce• ment Administration, the Bureau accurately reenact crimes at" the of Alcohol, Tobacco and Fire• However, according to Executive Producer Michael actual scene whenever possible. arms, and the U. S. Customs Serv• Li nder. AM W puts the entertain• However, only serious crimes ice, and local and State law ment aspect into perspective: which merit nationwide exposure enforcement agencies have also cooperated with the te levision "We know our program is seen and which can be solved with the industry to produce crime-time as entertainment by the many public's help are reenacted. television shows and are reaping in our audience who are simply "Unsolved Mysteries," cre• substantial benefits. According to fascinated by the often bizalTe ated by NBC's entertainment divi• Michael Linder: behavior of criminals. But, sion, is hosted by Robert Stack. shock, violence and horror are According to Stuart Schwartz, "We have worked with more dramatic devices we choose to coordinating producer, than 95 law enforcement agen• a void. We want to stress .. 'Unsolved Mysteries' initi• cies in more than 130 cities and human values. Our cases are ated the crime-solving genre in their cooperation has been sim• often the stories of ordinary January, 1987, when our first ply astonishing. I see a new people caught up in extraordi• episode aired. The show grew relationship emerging between nary events and people whose out of several TV specials we law enforcement and the lives have been touched pro• did called, 'Missing-Have media. In the past, these orga• foundly by crime. We intend to You Seen This Person'?' in nizations often engaged in depict their lives with compas• which we profiled missing per• adversarial politics, but at sion and understanding. In that sons cases and asked our AMW. we believe we're creat• way, we believe other viewers audience to call in to an 800 ing a prototype which uses the will be motivated to help out of number with tips. The show strengths of each to accomplish sympathy to victims of resulted in reuniting 25 missing a greater goal." violence .. , people with their families. " Stuart Schwartz adds: AMW, hosted by John As of July 1989, UM has .. Americans seem particularly Walsh, whose son, Adam, was been credited with the solution of concerned today with rising brutally murdered, premiered on 26 cases, 17 of which were FBI crime statistics. We believe that February 7. 1988, on select Fox cases. This past year, UM was 'Unsolved Mysteries' creates an TV affiliates. Seen weekly by 12 rated the top new NBC series. opportunity for national televi•

4 FBI Law Enforcement Bulletin ______sion to work as a tool for law enforcement. ... By cooperat• ing with law enforcement agencies nationwide, we give case investigators an oppor• South Florida's HEye on Crime" tunity to be put directly in touch with those viewers hav• The "Eye on Crime," a locally ing that one vital clue or piece authorities and the FBI for several produced crime-time television of information that helps to unique bank robberies. The show, premiered at 8 p.m. on solve a ca e .... We believe "Loan Bandit" would "case" a July 29, 1988. on WPLG Channel that television [and 'Unsol ved bank, pretending to apply for a 10, a Post-Newsweek station and loan, and then return within a Mysteries' J can be an effective ABC affiliate in the Miami/Ft. partner in the fight against couple days with his loan applica• crime. " Lauderdale, Flo area. The pro• tion to rob the bank, ordering the gram is hosted by WPLG anchor, teller to place large bills into his Behind the Scenes Dwight Lauderdale, with profes• folded loan application. He would Both hows are constantly sional commentary from Police then leave the scene in a red Ford probing for new stories-the life• Commander Bill Johnson. The "Taurus" or Mercury "Sable." line of their programs. Each uses program is similar to other crime• On its first airing. the pro• researchers to identify cases that time television shows in that it gram earned an 8 rating and a 15 can be developed into a segment requests its viewers to help cap• share. When it was telecast in its of the show, although "cold ture lawbreakers, has a call-in normal Sunday night time slot at calls" merely asking for leads number (1-800-447- 1030) and II :30 p.m., it drew a 9 rating and have been made to police depart• provides police detectives to a 26 share. twice the normal Sun• ments. However, with the pro• respond to tips. But. its focus is day rating. Program Manager, grams' rising popularity, this is an not on reenactments. Instead, Sherry Burns, comments, " 'Eye infrequent occurrence. Stories WPLG's cameras accompany the on Crime' work' because it's selected are those that are serious, police units throughout South immediate and it 's real-and can be solved, and have interest• Florida and provide live footage nothing has a greater impact than ing plots and sympathetic victims. of crimes in progress or use that." She noted: "We called Once the case is chosen, and actual police video tape in their them in and told them what we this may be done with or without segments. wanted to do, what our goals the cooperation of the police The first program featured a were, and asked for their help." department, the re-creation, or segment concerning a breaking• And, Broward County, FL, Sher• dramatization, begins. Real police and-entering case. The police and iff Nick Navarro believes that officers/victims can be used, but camera crew responded to a 911 "We in law enforcement have often actors are hired. Depart• call from a woman who had fled long recognized that our effective• ments may be asked to provide her home upon hearinoe a burolar e ness is vastly increased when we evidence, duty officers, police enter. The police then surrounded have the support of the public at cars, equipment, or other real-life the house and were able to disarm large. " support for the episode. Pictures, and capture the burglar. As a result of .. Eye on plots, investigative theories, and "Eye on Crime's" first pro• Crime's" first show, local police poignant stories all become the gram also featued a segment on received viewer tips which led to "pegs" that make the story work. the "Loan Bandit," a local male, arrest warrants being issued in The media relies on the so-called who was wanted by both the local one of the cases reported. "six C's": Catastrophe, crisis, conflict, crime, corruption and color, and to a degree, these pro• grams are part of the larger TV game plan. ~

-----______August 1989 5 " t... we give case investigators an opportunity to be put directly in touch with those viewers having that one vital clue ... that helps to solve a case ... ' " -Stuart Schwartz, "Unsolved Mysteries"

Characteristic of both pro• apprehension must be done distinct public service, but at the grams are the call-in numbers and quickly, so too must lead differen• same time, the networks are in the the availability of trained inves• tiation. Several thousand calls business to make money. They tigators to respond immediately to come in-some from cranks, some must maintain a certain audience leads. AMW, for example, uses from well-meaning but not helpful share and attract advertisers. To l-800-CRIME89 and trained oper• citizens, and some from people do this. they must bring cases to a ators who relay tips to investiga• with vital information. All need to uccessful conclusion. Statistics tors in the studio. be screened so that the good leads are important, and departments Within this partnership, each can be immediately identified and should be careful to give credit player has a specific role. Feeding covered. A workable system is where credit is due. As a general information to the public is the essential. rule, a bona fide tip doesn't have business of the television show; The TV program, the law to lead directly to the fugitive, or apprehending the fugitive or solv• enforcement agency, and the pub• case solution, but it must be a cat• ing the ca e is left to law enforce• lic all benefit when fugitive are alyst, or important link, to that ment. To succeed, the solution or caught and cases solved. Cer• process. tainly, each program provides a " 'I see a new relationship emerging between law enforcement and the media.' " -Michael Linder, "America's Most Wanted "

Pros and Cons James Roberts, who was wanted These television programs There is no question that for rape, multiple murders, and also have other benefits outside of crime-time television works! e cape from a State pri on. At the solving cases and apprehending AMW, for example, has featured time, Roberts was working in a fugitives. They help to revive cit• over 166 wanted fugitive ', 125 of homeless shelter in New York izen cooperation with law enforce• whom are FBI fugitive. The City earning $18,000 per year. ment and provide an outlet for results of this coverage are stag• During a stay in the hospital for a citizens to voice their frustration gering: 78 FBI fugitives were stomach illness, Roberts saw him• concerning the ever-increasing taken into custody, 9 of which self profiled on television. He then crime rate. were "Top Ten" fugitives. Of the quietly checked himself out and Increasingly, in today's "Top Ten" captures, five were a went into hiding. However, as a society, many people are forced to direct result of AMW's coverage result of the many telephone calls live in areas infested with various of the crime. and leads derived from the pro• criminal activity. This i taking its One of those captured from gram. a 12-man FBI team cap• toll in fear, vigilantism, and death. an AMW viewer tip was David tured Roberts 4 days later on These programs give citizens an Staten Island.

------______August 1989 I 7 appropriate outlet and a means to States found that 62.5% were rear• may re ort to depiction of gra• cooperate with law enforcement in rested for a felony or a serious tuitous violence, which peak pub• the fight against crime. misdemeanor within 3 year. lic interest. This can be counter• According to Michael Linder: Forty-seven percent of these were productive, since it can lead to "I believe we are witnessing reconvicted and 41 % were charges of sensationalism and tab• the birth of a new era in citizen returned to pri on or jaif.3 These loid TV, which are offensive to involvement. 'America's Most criminals are the focus of crime• mo t. More importantly, however, Wanted' has organized some 22 time television-the dangerous this detracts from the credibility of million viewer into the first repeat criminals and serious the network and the police agency nationwide neighborhood watch offender -those who pose the involved, and therefore, should be association. Our viewers are greatest publ ic risk and those avoided. keeping a sharp eye out for whose capture might result from Finally, vigilantism, copy cat crime and for fugitives. Since widespread pUblicity. crimes, exposure of sensitive tech• our premiere, we have logged However, with all the bene• niques, informants or ca es, and well over 100 thousand tips fits that can be derived from civil liability can also result from which we have turned over to crime-time television , the law crime-time television. proper authoritie . Americans enforcement manager hould also What To Do If Approached are fed up with crime, and be cognizant of the drawback. By Crime-Time Television want to do something about Certain ensitive issues, because it. " they might affect the disposition of Every law enforcement man• ager should give seriou thought to Also, crime-time television the case, must be considered all of the issues before a commit• can help to reinforce andlor estab• before a department enters into an ment to become involved in the Ii h a much needed, long overdue agreement with a network to pro• production of crime-time televi• union between law enforcement duce a crime-time television show. ion is made. Granted, the deci• and the media. Too often, police One very significant consid• ion i not an ea y one! However, agencie are cast as ineffective or eration is pretrial publicity. Losing the following points will a i t in insensitive, so a positive working a case in court because of the pub• making the right choice: relationship with media represent• licity received on a crime-time TV • Weigh the pros and con, the advantages and the disadvan• tages. In effect, do a quick Ninety-eight percent of all American homes cost-benefit analysis. " • Make case selections care• have at least one television set and that set is fully. Choose ca es that will turned on for more than 6 hours a day_ benefit from widespread pub• licity. • Consider public impact. Will atives can do nothing but help an program negates the value of a the ca e prompt the public to agency's reputation. fugitive apprehension or case "solu• take action? Does it have an A side argument can be made tion. Then there is the issue of unusual twi t or peg that will that quick apprehension of dan• third-party privacy, which must be capture the public's attention? gerou fugitive reduces crime by respected at all times. • Consider the effect on cur• cutting back on recidivism, which Another point to remember is rent investigative efforts. Will is a recognized trademark of that a primary objective of a net• the widespread publicity hinder career criminals. In fact, a recent work is to capture the largest share or side-track the investigation? study based on 16,000 prisoners of the viewing audience. Its exi t• However, alway remember released from State prisons in 1 1 ence depends on it. Thus , many that a network may proceed

8 I FBI Law Enforcement Bulletin ______without a department's assist• ance, especially if it involves a Crooks Catch a Crook controversial case and public information is available. Mark Austin Goodman, booked under the alias of James R. • Consult with departmental Eide. wa~ serving a 75-day sentence for a burglary charge at a legal advisers and the prosecu• minimum security stockade. On Sunday, May 15. 1988. inmates tor . of the stockade were watching" America's Most Wanted" on the • Designate a staff member to Fox Television network. Goodman was portrayed on the program act as liaison. This individual as one or the U.S. Marshal's Top Ten Fugitives. These same should be familiar with the case inmates recognized Goodman as being James R. Eide, a fellow and know how to work with inmate . the media. The inmates learned from the segment that Goodman was • Establish working rules with wanted for 10 bank robberies in Oklahoma, 6 escapes (I from a the program's executives. Federal prison) and numerous other charges in 4 States. The Define what is acceptable and inmates then reported Goodman to prison officials. who called what is not. For example, who the hotline . This tip was I of 274 from people from across the has film editorial review country who thought they knew Goodman. authority-the TV producer or The corrections officers, in order to guard against his the law enforcement agency'? escape, decided to transfer Goodman to a more secure jail. He Will the network cancel or alter never made it. Goodman escaped from his captors by scaling a the program if it is determined fence around the stockade. The U.S. Marshal's office in West the case will be adversely Palm Beach then initiated a search. Goodman was arrested by affected? Where will the film• Jupiter. FL, authorities on May 16, 1988. and turned over to ing take place? Who will be U.S. Marshals. filmed-on-duty personnel. witnesses, etc? Will the evi• dence be compromised if shown on television'? • Establish a catchy call-in involvement in fighting crime. networks to produce crime-time number-one that can be easily Americans now real ize that they television programs. The value of remembered. do not have to be pass ive victims such programs has been proven. • Staff the call-in number with of crime. Rather, they can be Cases have been solved; fugitives trained investigators so that all active participants in the criminal have been apprehended; positive vital information received can justice system. publicity has been generated. be acted upon immediately . Television will be a strong Crime-time television ha made a • Keep track of successes. If a link between law enforcement, the difference. t2) tip results in a fugitive capture media, and the public well into the or case solution, credit the 21 st century. By getting citizens show and make note of time involved, law enforcement and the saved and public benefit television media have tapped a Footnotes 'Wicke Chal1lb(!r~ and Spring Asher. TI' derived. Hold a press con• viable investigative resource. Used PR : Hml" /0 Proll/o/e YOIIDe/f: YOllr ProdllC!. ference or issue a press release. properly, this resource can be YOllr Senice or YOllr OrKlllli:lII;oll Oil Tell'\';• Inform the public of all invaluable to every police depart• lioll (Rockland. CA : Prima PlIbli,hin1! & COllllllllnicati()n~. accomplishments! ment's crime fighting activities. 1987). p. 16. • 'Clarence Jones. Holt" /0 Spell~ TV: A However , law enforcement SI'If ~ Del('// . \e Mllllllal Whell YOII're /he Nell's Conclusion needs to know how to use the tele• (Miami. FL: Ku~ar and Co .. Inc .. 1983). Today, we are witnessing the p. 62 . vision medium to its fullest poten• 'Verified with Mr. Allen Beck . Bureau of birth of a new era in citizen tial . One way is to cooperate with Justice tatistics .

------_____ August 1989 9 The Bu//etin Reports Homicide Report

The Statistical Analysis Cen• ter of the Office of Criminal Prisoners in 1988 Justice Plans and Analysis has prepared a descriptive analysis of homicide in the Nation's capital The Nation's State and Fed• well as overcrowding in the Fed• over the past 3 years. The report, eral prison systems grew by eral and State prison systems. In Homicide in the District of almost 43,000 inmates in 1988, addition, it calls attention to two Columbia, provides statistical according to a report, Prisoners trends that have contributed to the information and a review of in 1988, which was compiled by prison inmate increase during the homicide-related issues. It exam• the Bureau of Justice Statistics. 1980's. First, the likelihood that a ines the crime from the As of December 31, 1988, 627, serious offender will receive a perspective of the victim, assail• 402 men and women were being prison sentence has increased, and ant, methods and motives, time held by Federal and State correc• second, the number of adults and locations, and victim-assailant tional authorities, almost 298,000 arrested for drug trafficking or relationships. In addition to giv• more State and Federal prisoners manufacturing increased by I 13 ing a national overview of than there were on that date in percent between 1980 and 1987 . homicide. the study also addres• 1980. Single copies of the report ses everal important local issues, The 1980-1988 Federal prison can be obtained from the Justice including drug-related killings, population growth was 107 per• Statistics Clearinghouse aT the homicide among blacks, homicide cent. During the same period of National Criminal Justice Refer• prevention, and patterns of the time, State prison inmate popula• ence Service, Box 6000. offenses. tions grew 166 percent in the Rockville. MD 20850, or call the A copy of this report can be West, 120 percent in the North• toll-Fee number 1-800-732-3277. obtained Fom the Office of Crimi• east, 86 percent in the Midwest, For callers in Maryland and the nal Justice Plans and Analysis, and 56 percent in the South. Washington. DC, metropolitan 1J11 E Street, NW. Suite 500C. The report details female area, the number is Washington , DC 20004, prison population increases, as 1-30/-251-5500. 1-202-727-6554.

State Legislation Source Book

The American Legislative work by 12 ALEC task forces and "The Workplace Drug Test• Exchange Council (ALEC) has composed of State legislators and ing Act. " released the 1989-1990 edition of members of the private sector. To obtain copies of the The Source Book ofAmerican Among the criminal ju tice Source Book of American State State Legislation, a compendium bills contained in the Source Legislation, contact the American of model legislation. The book Book are "The Model Exclusion• Legislative Exchange Council. contains 54 model bills on sub• ary Rule Act," " The Bailable 214 Massachusetts Ave. NE, Suite jects ranging from groundwater Offenses Act," 'The Reduction 400. Washington, DC 20002, protection to tax policy to gun in Frivolous Appeals Act, " " The (202) 547-4646. control. It is the resul t of 2 years' Electronic Home Detention Act,"

10 I FBI Law Enforcement Bulletin ______Construction 1988 Officer Killings Bulletin Preliminary national figures porting prisoners, and I was The National Institute of Jus• released by the FBI's Uniform killed by a mentally deranged per• tice has established the Crime Reporting Program show son. Seven officers were also COlIstrtlction Information that 78 law enforcement officers killed by ambush. Exchange. designed to help State were killed feloniously in the line Among the 33 officers who and local officials make informed of duty in 1988. The number of were slain while attempting to decisions on building and expand• officers slain was higher last year apprehend or arrest suspects, 12 ing facilities. The Exchange than in 1987 when 74 officers were involved in drug-related sit• provides information on con• were killed. Also in 1988. an uations, 7 were attempting to struction methods and costs for additional 77 officers lost their thwart robberies or were in pur• jails and prisons built since 1978. lives to accidents while perform• suit of robbery suspects, 3 were Through this program, those plan• ing their duties. responding to burglaries, and II ning to build or expand facilities Firearms were used in 76 of were attempting arrests for other are put in touch with officials in the 78 officer killings; handguns crimes. other jurisdictions who have suc• were used in 62 of the murders, Geographically, 36 officers cessfully used more efficient rifles in 12, and shotguns in 2. were killed in the Southern building techniques. One victim officer was beaten States, 21 in the Western States, The COllstruction Bulletill is with a blunt object, and one was 12 in the Midwestern States, and one of a series designed to share intentionally struck with a vehi• 7 in the Northeastern States. One information on innovative cle. officer was killed in Puerto Rico approaches to building and Twenty officers were wear• and one in American Samoa. financing corrections construction. ing body armor at the time of Forty-six of the victim For example, the bulletin entitled their murders, and 13 were killed officers were city pol icemen, 19 .. From Arizona to South Car• with their own weapons. Of the were county officers, 7 were 01ina: Transfer of a Prison Design 78 slayings, 70 have been cleared employed by State law enforce• Model" tells how South Car• by law enforcement. ment agencies. 4 were Federal olina's State Department of Twenty-two officers were officers, and 2 were territorial Corrections saved both time and killed while investigating sus• officers. (Press release by the Uni• money in planning and building picious persons or circumstances, form Crime Reporting Program. an urgently needed new prison by 7 while answering disturbance Federal Bureau of Investigation. sharing plans developed by the calls, 6 while enforcing traffic Washingtoll. DC. May 1989) U.S. Bureau of Prisons for an laws, 2 while handling or trans• institution in Phoenix, AZ. For more information or to slIbmit i,?/ormatioll jor inclusion ill the Exchange. contact Con• The Bulletin Reports, a collection of criminal justice studies, struction I,?formation Exchange/ reports, and project findings, is written by Kathy Sulewski. Send NCJRS. Box 6000, Rockville. MD your material for consideration to: FBI Law Enforcement Bulletin, 20850. or call toll free. Room 7262,1. Edgar Hoover Building, 10th & Pennsylvania Ave., /-800-851-3420, Mwyland and NW, Washington, DC 20535. Metropolitan Washington, DC, (NOTE: The material presented in this section is intended to be area callers (301) 25/-5500. strictly an information source and should not be considered as an endorsement by the FBI for any product or service.)

______August 1989 11

Expert Systems For Law Enforcement

BY ROLAND REBOUSSIN, Ph.D. National Center for the Analysis of Violent Crime FBI Academy Quantico, VA and JERRY CAMERON Chief of Police Fernandina Beach, FL

na large eastern city, a police computers by law enforcement tions to complex problems, (b) to detective enters into a com• agencies and help propel the pro• be understandable, and (c) to be I puter approximately 25 infor• fession into the 21st century.! By flexible enough to accommodate mational items about a burglary he greatly increasing productivity, new knowledge easily. "-l investigated that morning. Once this problem-solving tool will The heart of such a system i ' the data are in the computer, an become part of every progressive human knowledge derived from "expert system" compares the law enforcement agency's arsenal experts. This forms a "knowledge modus operandi (m.o.) of this bur• against crime. base" consisting of I to 500 glary with the known m.o.'s of Expert systems are part of a rules. 5 Each rule is an "if-then" suspects cUlTently operating in the domain referred to as "artificial statement, e.g., "If the patient's area. Within seconds. the com• intelligence," or AI.2 Computers temperature is over 100°, then an puter responds with 10 possible use Al to solve problems in spe• infection may be present." The suspects listed in order of proba• cific areas in a way that simulates user, however, never sees the bility. By the end of the day, the the processes of human intel• rules when using the program. suspect Iisted first has been found ligence. An excellent example is Instead, the system queries the in possession of the stolen articles MYCIN, a system that diagnoses user about the case and eventually and is in custody. disease ' of the blood rapidly arrives at a diagnosis. At any The expert system that made and effectively.' In describing stage, the user can ask the system this apprehension possible is a MYCIN, Buchanan and Shortliffe why it is making a particular query new form of computer software explain that an expert system is or how it reached a particular deci• that will revolutionize the use of " ... an AI program designed Sion. (a) to provide expert-level solu•

______August 1989 I 13 personality profiling. ~ Criminal investigative analysis has been described in a number of recent publications . 'o Simply put, it is the process of identifying major personality and behavioral charac• teristics of an individual who has committed a homicide or other violent crime through detailed analysis of the crime scene and related evidence. The rationale for this proces is that behavior reflects person• ality. The same rationale underlies Dr. Reboussin Chief Cameron any projective test or task. That is, given a standard task , much is learned about an indi, i.dual by observing how he or she performs Expert systems have a num• or better than the most very skilled this task. Those who have seen ber of advantages over human human experts. "7 this task performed many times thought processes. First, the sys• However, an inherent weak• and have a broad background of tem preserves the expert's knowl• ness in such programs is that the experience can relate the way the edge, so that if the expert even• expertise is strictly confined. In task is performed to the charac• tually leaves the organization, a the case of MYCIN , its domain is teristics of the person performing large proportion of his or her limited to the diagnosis of men• it. expertise is retained . For example, ingitis and prescription of appro• Information about the victim just prior to retirement from a priate drugs. and the crime scene is essential to major national corporation, one Today, in the commercial the analysis process. With detailed professional helped to create a sys• world, expert systems are used to information as to age, sex, oc• tem that he estimated retained do many tasks-to search for good cupation, and daily habits of the approximately 90 percent of his mineral sites, to design computer victim, the autopsy report, and a know ledge. 6 systems, to navigate aircraft, to specific description of the crime Another benefit of the expert land the space shuttle, to drill for scene, the behaviors of both vic• sy tem is that it can be more accu• oil, to troubleshoot complex elec• tim and offender during the crime rate than anyone person for a tronic and mechanical y ·tems, can be reconstructed. number of reasons. First, the sys• etc. The DuPont Corporation has The result of this analysis is a tem retains simultaneously the 200 expert systems currently run• description of the person who extensive knowledge of several ning and expects to have 2,000 committed the crime, which in• persons; it never forgets and never operating by 1990. The estimated cludes physical characteristics overlooks anything. Nor does it savings in manufacturing proc• (age, sex, and race), behavioral jump to conclusions. Also, since esses per year for each system is characteristics (whether the of• experts continually update infor• $100,000. 8 fender lives near the scene of the mation, the system is kept current. crime, lives alone, or is unem• Thus, the system has the potential Expert Systems at the NCAVC ployed), and personality traits and to be " more expert" than anyone At the National Center for the characteristics (the nature of rela• human being. That is the situation Analysis of Violent Crime tionships with women or volatile with MYCIN right now- not at (NCA VC), there is considerable temper). An intermediate trait some time in the future. Harmon interest in adapting Al systems for would be the nature of the of• and King state: "The various eval• use in criminal investigative anal• fender's relationship with the vic• uations that have been undertaken ysis, formerly referred to as psy• tim . It should be stressed that the all suggest that MYCIN is as good chological profiling or criminal analysis does not identify a spe•

14 I FBI Law Enforcement Bulletin ______cific individual; rather, it identifies By studying the discrepancies locate a true expert who is willing a particular type of person. Local between their conclusions and to cooperate. Then, collect the authorities must then relate the those of the system, experienced expert's knowledge into a set of description provided to a particular analysts may be led to con ider rules. Once this is accomplished, indi vidual. other possible variables. This may all other problems are trivial. NCA VC is currently develop• help create a better profile, revise However, if this is not done, the ing an expert system to perform the knowledge base, or both. proposed expert system will not this type of investigative analysis. Finally, when proven both reliable function. This system, called PROFILER, and val id, the system allow hu• Most of the rules for PRO• has the potential to analyze better man analysts to pend les time FILER, for example, were devel• than anyone person for reasons developing the profile and more oped by observing the investi• previously mentioned. In addition , time working on other aspects of gative analysis proces in a group there is another reason that is more the case. setting. Individual analy ts interesting because it deals with checked the rules, making sugges• the actual analysis proce s. Developing an Expert System tions, revisions, and deletions to After the NCA VC has created There are two main steps in come up with approximately 150 a large database of violent crimes, developing an expert system. rules in the PROFILER prototype. the expert system will be able to First, the agency should consider After developing a set of derive the probabilities for individ• purchasing a shell, which is essen• rules, the knowledge base is ual rules empirical ly. At the pres• tially a pre-written expert system entered into the shell. Initially, ent time, these probabilities are program into which one can plug a there may be problems getting derived clinically, that is, they are set of rules. It is not as flexible as used to the syntax. However, once based on the experience and wis• writing a program, but with the familiar with the syntax, the user dom of individual analysts. For shell, the system becomes opera• can proceed to the main task• example, consider the rule, "If the tional immediately. Later, if the making use of the system to its body has been placed or arranged package is too limited, additional fullest potential. face down, then the assailant knew programming can be added. With the victim." Say for now that this rule i assigned a probability of .70, based on the judgment of NCA VC analysts. However, the Expert systems have a number of advantages ideal future system database will " over human thought processes. be able to run all cases in which the victim was arranged face down and the offender was eventually the experience gained using the How Can an Expert System " identified and will be able to cal• shell, a more complete package Help You? culate the actual probability based on the data. can be obtained from a program• Basically, an expert system Certainly, the PROFILER mer. can be built to solve any problem system will never replace skilled Shells range in price from complicated enough to make the human investigative analysts, nor $99 to $65,000. However, spend• system cost-effective, but simple is it intended to do so. Rather, the ing more than $500 initially would enough so that the task can be system will function as an ana• not be cost-effective. It is better to specified in a set of rules the com• lyst's assistant or consultant in start with a small and inexpensive . puter can understand. As an exam• several ways. First, the system can system that operates on the depart• pIe, in rape investigations, an assist in training apprentice ana• ment's Pc. When the first shell is expert system could analyze the lysts by comparing their results outgrown, then an agency can modus operandi for the rape and with the system's, and by giving move up in range. I I suggest the most likely suspects reasons for the conclusions drawn. The second step is creating a from among a group whose m.o. 's Second, the system can aid skilled knowledge base, that is, a set of are known. analysts in much the same way. rules. In order to do this, first The Baltimore County, MD,

------____ August 1989 15 Police Department currently uses mation, which takes a minimum of Footnotes such a system to solve burglaries, 6 months of full­time work. 'J . Ca meron, "Artificial Intelligence: Expert Systems, Mi crocomputers and Law The sy tem contains about L10 Developing an expert system Enforcement," Law and Order, vol. 36, rules and has a database of infor- could require the cooperation of a March 1988, pp. 58­66; W.L. Tafoya , mation on burglaries , suspects, number of units within a depart- " Artificial Intellige nce Research and Develop- ment Project of the National Center for the and m .o . 'so Information on a ment. Cooperation not only re- Analysis of Violent Crime at the FBI Acad- reported burglary is entered into duces the manpower needed to emy," II th Annual Law Enforcement the system, which then gives a list develop a system, but once a sys- Information Sy!>tems Symposium, [ACP, Gaithersburg, MD . August 1987 . of possible suspects. tem is developed , it could be 2F. Hayes­ Roth , D.A . Waterman, and A ystem could be designed shared and used more effectively D.B. Lenat, eds. Building expert Systems to represent the expertise of any and efficiently. (Reading, MA : Addison­Wesley, 1983). .1 M. Van Hom and The Waite Group, person or group in a department, Understanding Expert Systems (New York: such as detectives investigating Bantam Books, 1986). specific crimes (sex offenders , 4B.G. Buchanan and E.H. Shortliffe, Rule Based Expert Systems (Readi ng, MA: other violent crimes , property The expert system Addison­Wes ley, 1984), p. 3. crimes) who share a certain exper- will revolutionize the 5" Knowledge Based Systems, An Over- " view," video tape, part II , Texas Instruments, tise. When codified, this expertise use of computers by Dallas, TX, 1986; supra note 3, p. 94. forms the basis for a fairly com- law enforcement 6Texas Inst ruments ibid. plex expert system. 7P. Harmon and D. King, Expert Systems: This, in fact, is what the Bal- agencies .. .. ArtiJiciallntelligence in Business (New York: John Wiley and Sons, Inc., 1985), p. 21. timore County Police Department 8Know ledge Box, PC AI, vol. 2, Ju ly/ did in developing its burglary sys- August 1988, p. 55. tem . The rules in their system Expert Systems and the 9R. Rebou sin , " Development of a Rule- were developed from the expertise Future of Law Enforcement based Expel1 System for Profiling Murderers," " paper presented at the annual meeting of the and accumulated knowledge of its In a provocative article on Academy of Criminal Justice Sciences , SI. burglary detectives . In addition to artificial intelligence and its future Louis. MO , March 1987; D. lcove, " Auto- mated Crime Profiling." FBI Law identifying burglars , a system like use in law enforcement, Tafoya Enforcement Bulletin. vol. 55, No . 12 , this , with only slight modifica- states: December 1986, pp. 27­30; W.L. Tafoya , tions, could be used to train detec- " The well informed, intelligent " The Potential Role of Artificial Intelligence in Law Enforcement." paper presented at the tive newly assigned to burglary use of computer technologies, annu al meeting of the Academy of Criminal investigations. In fact , many other such as artificial intelligence Justice Sciences, Orlando, FL, March 1986; training situations lend themselves and expert systems, could make Tafoya, supra note I. to automation with an expert sys- IOJ.E. Douglas, et. aI., "Criminal Profil- a significant difference in the ing from Crime Scene Analysis ," Behavioral tem , e.g., patrol procedures, arrest manner in which the law is Sciences and the Lalli. vo l. 4. 1986. pp. 401 - techniques , or search method- enforced and the public 421; J.E. Douglas and A.E. Burgess, "Crimi- ology. nal Profiling: A Viable Investigati ve Tool served. 12 Again t Violent Crime," FBI Law Enforce• However, difficulties can Law enforcement agencies in mel7l Bulletin , vol. 55, No . 12 , Dece mber materialize. While expertise in America , already heavily com- 1986. pp. 9­13; R.R. Haze lwood , et. aI. , computer science is not a prerequi- "Criminal Personality Profiling: An Over- mitted to the use of computers, view ," in Practical Aspects of Rape site, developing a knowledge base must plan now to take advantage In vestigation: A Multidisciplinary Approach. (the set of rules) and transferring it of the new developments in artifi- eds ., R.R. Haze lwood and A.E. Burgess (New to the computer requires a certain York: Elsevier, 1987), pp. 137­149 . cial intelligence. The versatility "E. Shapiro, "AI, AI , Oh!" Byte , vol. amount of effort. Then the system and increased power of expert sys- 12, June 1987, pp. 32 1­324; S. Aguiar, " The must be developed so that it grows tems provide American law en- New Low­cost Expert System Shell, " PC A/, from the "toy" prototype into a vol. I, Summer 1987. pp . 44­­48. forcement agencies the edge they 12Tafoya, supra note I, p. 12. system that provides useful infor- will need in the 21 st century. [f~~

16 / FBI Law Enforcement Bulletin ______Book Review

of the existing works provide the book, does the clarity and prac• investigator with a practical ticality of the material seem method of systematically applying questionable. The writer's attempt the principles that have been the to provide a solution to the prob• subject of so much writing. The lem of obtaining confessions is typical investigator cares little for too generalized; it ceases to be research results presented in clini• succinct and becomes superficial. cal terms regarding clinical The co-writer, Ralph Butler, findings. Majeski, a retired formerly a sports writer for the NYPD investigator, recognizes New York Post, contributes a fla• this. I . d' h' vor of gamesmanship, stresses As the tit e In (cates. t (s concentration and practice, and book deals primarily with how to infuses a ense of fair play detect deception. and it does so throughout the book. These William J. Majeski by providing a virtual step-by-step characteri tics emphasize the with Ralph Butler "cookbook" recipe that in vestiga• O ______.....l_ practical nature of the material tors can readily adapt to their own and enhance reader enjoyment. situations. The author makes no The suggestions offered claim of providing any new dis• result from years of experience, The Lie Detection Book by coveries; conver ely. he not from data collected in a con• William J. Majeski with Ralph emphasizes that the reader trolled clinical environment. Butler. New York. Ballantine periodically will have noticed Books. 1988. Through the years, many inves• much of what the book describes. tigators have developed and used "In thy face I see the map of However, these sporadic observa• the techniques contained in this honor, truth, and loyalty." Here tions do little to enhance the book, but very few have been Shake peare demonstrates man's investigator's effectiveness. The able to convey their knowledge to ancient awareness of the need to author intended this publication to others. Excerpts from this book base the evaluation of others on heighten the reader's awarenes of will probably never be found in more than just their words. Liter• sounds and actions previously any published research regarding ature is filled with references to overlooked or dismissed as incon• nonverbal behavior; it was written the topic of Mr. Majeski ' s book, sequential. It clearly and for investigators by an nonverbal behavior. Furthermore, succinctly provides some practical investigator. experts in psychology, communi• tips for improving listening and Reviewed by cations, and other fields have observation skills and some sug• SA John E.Hess published countless volumes gestions for evaluating the Education & Communication regarding the topic. So why information recei ved . Arts Unit invest time and money in yet Only when the writer ven• FBI Academy another publication dealing with tures into the area of interro• Quantico, V A the same old stuff? Because few gation, a small segment of the

______August 1989 , 17 Po/icing Demonstrations

By he proper handling of dem• ntctty. may dictate the manner of CHIEF ROBERT J. onstrations is a major con• policing. Other factors to consider JOHNSTON, JR. T cern of law enforcement. are the actions and conduct of a especially since the Constitu• given group. their training and tac• and u.s. tion guarantees freedom of speech tics. the number of demonstrators CAPT. LAWRENCE F. and the right of the people to as compared to the number of LOESCH, JR. assemble peacefully. Protecting officers. the extent of police train• Po/ice Department the rights of everyone involved ing and experience, and the physi• New York, NY and maintalntng order have cal conditions of the demonstra• become the responsibilities of the tion site, to name a few. police. who pledge to uphold the The key to handling a demon• Constitution when taking the oath stration successfully is trained and of office . However, many vari• experienced law enforcement per• ables complicate the problems sonnel. Recent prote ·ts have only associated with policing demon• fostered the belief that to properly strations. control modern-day mass demon• Oftentimes, officers are strations. policing tactics and placed in the role of mediator or equipment must be constantly referee between two opposing updated. In order to carry out this forces. Individual beliefs and mission, the New York City opinions may shade the issue at Police Department (NYPD) has hand, regardless of the desire to implemented training programs remain objective. Also, the and specific methods and tech• makeup of the demonstrators, such niques designed to prepare person• as age. religion, sex, and eth• nel to handle civil disorders.

18 FBI Law Enforcement Bulletin ______TRAINING stretchers and other removal However, in recent rallies across The NYPD addresses di 'or• methods. transportation. and proc• the Nation, anti-abortion protes• del' control in four specific areas essing of prisoners . tors have fortified the lock-and• of recruit training- law. police chain method by bringing a 200• science. social science. and physi• TODA Y'S DEMONSTRATORS pound reinforced concrete slab cal education. The law courses called the "block" to the demon• Strategies explain the constitutional guaran• stration site. Its design is similar tees afforded demonstrators, as The sophistication of demon• to the" tocks," which were used well as the legal guidelines that strators today becomes more evi• to secure a per on's head and must be followed. This includes dent with each staged event. limbs as a form of punishment in the laws of arrest, disorderly con• Organizers record the actions of colonial America times. After duct. obstructing governmental the police and then train their peo• placing the "block" at trategic administration, and resisting ple in way they believe will locations (entrances and exits), arrest, along with other related effectively hinder the policing of two people would place either statutes. the next demonstration. The tac• their heads and necks or one of The police science course tics employed counter the proce• their limbs in a cutout and then covers the department's policies dures and equipment used by the lock themselves in. This type of and, procedures with regard to police. For example, demonstra• barricade required 'police not only demon trations, while the social tors form human chains by holding to unlock the individuals but also science instruction acquaints hands or interlocking their arms to remove the heavy cement slab officers with the psychological and legs, they do not carry identi• from the site. To exacerbate this aspects of crowd control and fication in order to delay the arrest condition, the demonstrator ' used group behavior. Physical educa• proce s, and they passively resist U-shaped kryptonite locks made of tion instructors teach recruits by going limp when asked to high-strength armor and carbon crowd control formations and the move, thus forcing the police to steel. which made conventional need for self-discipline, both phys• physically carry them from the bolt cutters ineffective and the ical and mental, when policing a scene. removal of the locks slow and demonstration . Another common practice is tedious. Refresher courses are also for demonstrators to chain them• provided to departmental person• selves to stationary objects. In the "Operation Rescue" nel. Further, management training past, ordinary bolt and chain cut• "Operation Rescue" is a programs are conducted to provide ters made these tactics ineffective. national coalition of "pro-life" sergeants and lieutenants with nec• essary supervisory skills. Uni• formed members of the rank of captain and above sharpen their skills in an executive development program. In addition, a training course for disorder control and demon• stration policing is required for all uni formed personnel. This course is designed to cover tactics and platoon formations which are adaptable to meet special needs based on actions taken by activist groups. Included in the curriculum are expedited arrest procedures, which encompass the use of Chief Johnston Captain Loesch

______August 1989 19 (anti­abortion) groups organized to "rescue" unborn victims of abor• tion. A "rescue" is accomplished by obstructing the operation of tar• geted clinics for as long as possi• ble through nonviolent civil disobedience, e.g., sit ins and pas• sive resistance to arrest. On January 13,1989, an "Operation Rescue" group with approximately I ,200 protestors staged a "sit down" in front of a planned parenthood center in Man• hattan. Because of the rapid response of arrest teams, the cl inic opened within 2 hours, and 277 persons were arrested. NYPD's ability to minimize the effect of this demonstration was the result of training, plan• ning , and effective use of avail• able equipment. After the demon• stration was under control, all commanders returned to headquar• ters to critique the policing of this demonstration and to plan for the others expected on the following day . This was not an easy task, since New York City has more than 50 abortion clinics, and police did not know which ones were targeted . However, during this plan• ning stage, certain strategic issues became evident . First, mobile units wer~ essential in order to expedite police response. Second, the demonstrators had to be pre• vented from crawling under bar• riers, arrest buses. and police vehicles. Once strategies had been devised and the proper crowd con• trol equipment readied, only the demonstrations sites needed to be identified. On January 14, 1989, six dif• ferent abortion clinics throughout the city became demonstration Demonstrators hamper removal of those arrested by lying under Transit Authority sites. Eight mobile units were buses with their heads positioned in the area of the wheels. available; each was self-contained and included uniformed police and

20 I FBI Law Enforcement Bulletin ______supervisors, police legal advisers, community affairs and public information representatives , and fully equipped technical support, communication, and emergency services personnel. Additionally, each mobile unit was assigned trucks carrying barriers, tow trucks to remove "blocks," and buses to transport prisoners. Demonstrators attach U-shaped Stretchers were available to assist locks to each other's ankles and sit in removing demonstrators, and in a " wagon wheel" configuration. plastic handcuffs were used for mass arrests . The police at each demonstra• tion site were equipped with a court order enjoining the demon• strators from participating in unlawful conduct. and this injunc• tion was read aloud before the arrests took place. An arrest proc• essing center was set up at a sepa• rate location to handle the large number of expected arrests. The planned tactics were a success. By day's end, 652 demonstrators had been arrested . Most were removed on stretchers to avoid injury to officers and demonstrators. Crowd Control Devices Instead of traditional wooden "hor e" barriers, "french bar• riers" (metal) were used . These barriers were joined together in such a fashion that protestors could not crawl through the open• ings at the bottom. The use of tan• dem french barrier divided the crowd into two pen-like areas and Demonstrators use both U-shaped locks encased in steel pipes and expedited clearing the entrances. unencased locks to attach the Even though the french bar• ankles of two demonstrators with riers worked, a new problem was the neck of a third. encountered when protestors grabbed hold of the metal rungs, thus hindering police efforts. To overcome this problem, the department has since developed the "crowd interposer," which is a 4' x 8' sheet of Y4" plywood

------_ August 1989 I 21 with hand hold cut out on one Problems Encountered An air­powered cut­off tool side. With thi s device, an arrest One setback involved the use was used to remove the locks. but team can remove a person directly of U­shaped locks . At three dif- only after numerou s problems in front of the entrance and fill the ferent locations, a group of at least were overcome. For example, the vacant spot with an officer holding seven prote~tor formed a human average air bottle used to operate one end of a crowd interposer. chain in the shape of a wagon the utting tool lasted approx- The arrest team then proceeds to wheel. sing chains with - imatcly 5­7 minute. but it took move through the crowd. Once haped lock , the demonstrators so me 15 minutes to remove each done. french barriers manned by were joined at the ankles and lock . Blades needed to be changed police officers are positioned to necks, with at least one person continuously because they wore take the place of crowd inter- chained to a permanent fixture at down. Some locks were filled with posers. the demonstration site. crazy glue; others were encased in 2­inch diameter steel or galvanized pipe, which was filled with a tar- like substance and small stones. The heat of the blade softened the Procedure To Remove U-Shaped Locks tar, clogging the blades. The locks used by the demon- strators were .625 inches in diam- window-~haped ~teel / 1) Cut a small square or opening in the eter with a cross­bar diameter of galvanized pipe 1.25 inches. Each weighed 4 to 5 2) Remove any tar and ~tones from the window area pounds, depending on length , and 3) se an 4 1/1" electric cutter/grinder powered by a portable were made of a tough grade of gen rator. When equipped with a l/ir," carborundulll blade. this steel fully hardened to 120.000 tool can cut through an unobstructed lock in less than 20 PSI (pounds per square inch) . The ~econds locks were tubular key locks hard- OTE: Using water to cool the metal will prolong the cutting ened to resist pick and drilling. process Howe er. after te~tin g and research. a successful removal Safety Measures: procedure was develop d. (See • Wear safety goggles and gloves sidebar.) • Place a piece of steel or a pliable thin sheet of metal between the pipe or lock and the person's limb or neck CONCLUSION • Usc a gel blanket or similar wet material to protect the The proper handling of dem- demonstrator from heat or sparks generated by the clltting tool onstrations is not a simple matter. Therefore . police departments must remain current with the tac- tics used by demonstrators. As today's demonstrators become more sophisticated and disciplined in the furtherance of their causes. the police must rely on training and 'tate­of­the­art equipment to neutralize demon- strator strategies . Continually evalu ating and upgrading training. planning. and disorder control tac- tics will ensure a department has the neces 'ary knowledge to effec- tively police a demonstration . j

22 FBI Law Enforcement Bulletin ______FBI Law Enforcement Bulletin Author Guidelines Ii

" The FBI Law Enforcement ment Printing Office Style Manual sidered by another magazine. Arti• Bulletin is an official publication and/or The Chicago Style Manual. cle which are used to advertise a of the Federal Bureau of Investiga• product or a service will be tion and the Department of Jus• Photographs And Graphics rejected. tice. A photograph of the author Query Letters: The Editor should accompany the manuscript. suggests that authors submit a General Information Other suitable photos and illustra• detailed one- to two-page outline Frequency of publication: tion which support the text and before writing an article. This is Monthly assist reader comprehension intended to help authors but does Purpose: To provide a forum should also be furnished. Black not guarantee publication of the for the exchange of information to and white glossy prints reproduce article. improve the law enforcement pro• best. In addition, special effort Author Notification: Receipt fession. should be made to obtain a high of manuscript will be confirmed. Audience: Members of the quality, black and white or color Letters of acceptance or rejection criminal justice profession, but glossy photograph, vertical for• will be sent following review. primarily law enforcement man• mat, for possible use as a cover. Articles accepted for publication agers. Local newspapers and magazine cannot be guaranteed a publication are often excellent sources for date. Manuscript Specifications such photos; however, permission Copyright: Because the Bul• Length: 1,000 to 3,000 words to reprint i required from pho• letin is a Government publication, or 5 to 12 pages double-spaced. tographer or company. If such materials published within it are Formal: All manuscripts photos are available, please not copy-righted. should be double-spaced and typed include the newspaper or maga• Editing: The Bulletin reserves on 8 1/2" by 1 I" white paper. All zine title and a photocopy of the the right to edit all manuscripts. pages should be numbered and photo with the manuscript. three copies should be submitted Submission for review purposes. Where possi• Publication Authors may contact the Spe• ble, floppy disks using WordPer• Basis for Judging Manu• cial Agent coordinator for police fect should be submitted with scripts: Manuscripts will be training at the nearest FBI field typed manuscript. References need judged on the following points: office for help in submitting arti• only be used where the exact factual accuracy. style and ease of cles. or manuscripts may be for• words are taken from another reading, structure and logical warded directly to: source or where the idea or con• flow, length, relevance to audi• Editor, FBI Law Enforcement cept reported was first presented ence, analy is of information. Bulletin, Federal Bureau of Inves• by the source named and is not Favorable consideration will gen• tigation , Headquarters, Wash• widely known. erall y not be given to an article ington, DC, 20535. Telephone: Writing Style and Grammar: which has been published pre• (202) 324-5343. [F~~ The Bulletin follows the Govern• viously or which is being con•

------______AugUSI 1989 23 Po/ice Practices

Teddy Bears Aid Child Abuse Victims

• •

T he exploitation of children More Than A Toy offender and lead to a successful continues to be a growing concern For the child, the teddy bear prosecution. of law enforcement. As the num• can provide emotional support. It Providing a teddy bear to a ber of reported incidents increase, becomes a friend the child can victimized youngster also new approaches must be found to tum to for comfort and offers the improve officer morale. Seeing meet the needs of the traumatized young victim a constant, depend• an abused child find comfort with child, family members, and law able source of solace-a portable a new "friend" is extremely sat• enforcement personnel. "safe space "-as the child isfying for professionals whose When investigating cases moves through the system. Com• work is often stressful and involving physically and sexually ing from an authority figure , the frustrating. abused children, law enforcement teddy bear shows that adults can personnel must open lines of relate to children in nondestruc• Program Components communication with the child. tive, nonthreatening ways. Caring for Children. Inc., an This is not always an easy task There are also benefits to the international nonprofit organiza• since child victims are often law enforcement officer who pres• tion established to address embarassed, reluctant to discuss ents young abused victims with a psychological and emotional their abuse, fearful of punish• teddy bear. It helps the young• health needs of children in crisis. ment, or may not even understand ster's family see the officer as a initiated the pilot program by fur• what transpired. However, the professional who cares about the nishing 250 teddy bears to Juvenile Division of the San Fran• child's wellbeing. This, in tum, investigating officers. It also cisco Police Department has taken leads to acceptance and inspires opened the way for consultation an approach that attempts to increased trust, while opening and training of police officers on address the needs of both the lines of communications. A the emotional needs of the chil• child and investigating officers. greater willingness to communi• dren whose cases they investigate. This approach involves distribut• cate facilitates the gathering of By making available the services ing teddy bears to young victims. evidence, which will eventually of mental health professionals, assist in apprehending the investigators receive assistance in handling specific cases.

24 FBI Law Enforcement Bulletin ______Case Account: An 8­year­old girl was placed in a fos• bye" to him. The next day, the Juvenile ter home after it was determined she had Division received a call from the girl's fos• been sexually abused. She refused to talk ter parent, who said the child wanted to talk about it at all, with anyone. After several about the abu e incident to the man who had unsuccessful attempts to talk with the girl given her the bear. With the child's state• over a period of weeks, the investigator ment as evidence, the district attorney was gave her a bear "as a friend." When he able to prosecute the offender and win the left, the little girl and her bear were at the case. window, and the bear was' 'waving good-

Several training sessions "rewarding" a child in exchange generated significant and positive were held to deal with such issues for specific information. news media coverage and excel• as the role of police officers when lent public relations for the San dispensing teddy bears, which FoUowup Francisco Police Department and children should receive the teddy The confidentiality of all has built community goodwill for bears, and at what point in the records relating to criminal abuse everyone involved. investigation should the bear be cases eliminates the possibility The enthusiasm and coopera• given. Methods of presentation of case-by-case evaluations. tion of the officers went beyond and accompanying explanation to However, Caring for Children, all expectations. In the words of the child were also considered in Inc., representatives maintain the commanding officer of the the training. The city's Depart• contact with officers and keep Juvenile Division, "1 thought it ment of Social Services also records as to the number of teddy was frivolous. It's not. I've seen offered to make available their bears distributed, the age of recip• it in action, and it works." training resources for Juvenile ients, and opinions of Division officers on a continuing participating officers. basis. MateriaL for this column was sub• A demonstration project, tai• Summary mitted by Lt. ALexander Stevens, lored to the department's needs , The project is an unqualified San Francisco, CA, Police was held to initiate those officers success. It furni hes unique and Department, and H. Samantha who volunteered to participate. meaningful assistance to vulner• Grier, President, Caring for ChiL• This is a critical component of able youngster . It has also dren, Inc. any program, since officers must be genuinely interested in the pro• gram, understand its potential Police Practices serves as an information source for unique or value, and have a favorable atti• noteworthy methods, techniques, or operations of law enforcement tude for the program to succeed. agencies. Submissions should be no more than 750 words (3 pages , The distribution procedures double spaced and typed) and should be directed to Kathy Sulewski, were also submitted for review Managing Editor, FBI Law Enforcement Bulletin, Room 7262, 10th and approval to the District & Pennsylvania Ave., NW , Washington, DC 20535. Attorney's office to assure there could be no accusations made for

------__ August 1989 25 Hounding Drug Traffickers The Use of Drug Detection Dogs

By KIMBERLY A. KINGSTON, J.D. Special Agent Legal Counsel Division FBI Academy Quantico, VA

i early years were diffi• of drug-related assets. In recogni• the evidentiary value of a well• cult. He was shuttled tion of his monumental contribu• trained drug detection dog. 2 There H from one temporary home tion to the war on drugs, he has is no doubt that these dogs have a to the next, always in trouble, received no less than 12 official significant role in law enforce• never properly cared for or loved. commendations. H is name is ment, and that role can be He seemed destined to fail until he Winston - and he is no ordinary enhanced by law enforcement's stumbled into a career with the policeman. In fact, he is not a man awareness of fourth amendment Orange County, CA, Sheriff's at all. He is a dog. 1 proscriptions concerning the use of Office. In the 6 years that he has Dogs like Winston have be• detection dogs . been with the sheriff's office, he come very common weapons In This article discusses recent has played a significant part in the struggle against drug traffick• Supreme Court and lower court confiscating over $52 million ing. The dogs' highly developed cases establishing fourth amend• worth of drugs, $14 million in olfactory senses have proven in• ment guidelines for the use of pe• cash proceeds from drug sales, valuable to law enforcement of• cially trained dogs in the following and several million dollar worth ficers, and courts have recognized areas: (I) Public place , (2) third•

26 FBI Law Enforcement Bulletin ______I party controlled areas, (3) private Special Agent Kingston residences, and (4) motor vehi• cles. Adherence to these guide• lines will help to ensure the ad• missibility of evidence discovered as a result of dog sniffs and the continued vitality of drug detec• tion dogs in law enforcement. Drug detection dogs "are extremely effective SUPREME COURT weapons to use in the ENDORSES USE OF DOGS IN war on drugs. PUBLIC PLACES The role of detection dogs in law enforcement has been made more secure by the decision of the " U . S. Supreme Court in the case of United States v. Place. 3 In Place. law enforcement officers at New York's LaGuardia Airport lawfu ll y but reserved the right to appeal the pectation of privacy was objec• detained defendant on a reasonable denial of his suppression motion . tively reasonable. In other words. suspicion that he was carrying a On review , the U.S. Court of did the use of the dog violate any cont ro ll ed substance. 4 When de• Appeals for the Second Circuit expectation of privacy that society fe nd ant refused to consent to a reversed on the grounds that the as a whole was willing to recog• search of his luggage, the officers lengthy detention of defendant's nize and protect? Of particular sig• gave him the opportunity to ac• lu ggage exceeded permissible nificance to the Court was the fact company hi s luggage to the office limits and consequently amounted that the dog sniff did not require of a Federal judge where a search to a seizure in violation of the the opening of defendant's lug• warrant would be sought. Defend• fourth amendment. 6 The U. S. gage:!! ant declined the offer but re• Supreme Court affirmed. "lTJhe 'dog sniff does not quested and received a telephone Although unnecessary to the expose noncontraband items number where the officers could resolution of the dispute in Place, 7 that otherwise would remain be reached. After defendant left a majority of the Court took the hidden from public view, as the premises , his luggage was opportunity to address the consti• does, for example, an officer's taken to Kennedy Airport where, tutionality of "dog sniffs. "g Spe• rummaging through the con• 90 minute after the initial deten• cifically, the Court considered tents of the luggage. Thus, the tion, it was subjected to a "sniff whether the use of a dog to detect manner in which information is test" by a trained narcotics detec• odors emanating from defendant 's obtained through this investiga• tion dog. In response to the dog's luggage constituted a search re• tive technique is much Ie s positive reaction to one of the quiring compliance with fourth intrusive than a typical search . bags, a search warrant was se• amendment dictates. 9 The Court Moreover, the sniff discloses cured. The subsequent search of engaged in a two-step analysis to only the presence or absence of the bag revealed a substantial determine whether the officer's narcotics, a contraband item . quantity of cocaine. The defendant actions violated any expectation of Thus, despite the fact that the was later arrested and indicted for privacy that was both subjectively sniff tells authorities something possession of cocaine with intent and objectively reasonable.!O about the contents of the lug• to deliver. Finding first that the defend• gage, the information obtained After the district court denied ant had a subjective expectation of is limited. This limited dis• defendant's motion to suppress the privacy in his luggage, the Court closure also ensures that the evidence seized from his luggage,S then considered the more impor• owner of the property is not defendant entered a plea of guilty tant question of whether that ex• subjected to the embarrassment

______August 1989 1 27 1

and inconvenience entailed in LOWER COURT CASES senger's luggage to a sniff test less discriminate and more As a result of the limited once it has been entrusted to the intrusive investigative application of the Court ' s pro• care of a third-party common car• methods."1 2 nouncement in Place, lower courts nero In view of the limited intrusive• have had to consider anew the Benny Lovell's nervous ap• ness of this dog sniff which only constitutionality of using specially pearance l 7 piqued the interest or revealed one thing (i .e. whether trained dogs in other than public U.S. Border Patrol Agents at the there was contraband in the item places. Some of these courts have EI Paso International Airport. The tested), the Court concluded that continued to hold that the dog agents observed Lovell for the this single fact is something sniff is not a search, I ~ while other brief time it took him to check his society is not willing to protect. courts have held to the contrary. IS luggage with a skycap and walk to Consequently, under the circum• The distinguishing factor appears the airline terminal and noted that stances present in Place, the use to be the degree of privacy the he was visibly shaking and fre• of a trained dog, although foiling individual defendants have had in quently glanced over his shoulder. defendant's subjective expectation the "other than public places ." The agents decided to remove of privacy, did not violate any For example, if the nonpublic Lovell's luggage from the airline objectively reasonable expectation place where the dog sniff occurs is conveyer belt and to subject the of privacy and, therefore, was not controlled by a third party and the bags to a dog sniff. I ~ After a posi• a search under the fourth amend• defendant has no reasonable ex• tive alert from a trained narcotics ment. pectation of privacy in the area, detection dog, a search warrant In Place, the Court did not go then the sniff of defendant's prop• was obtained . Pursuant to the war• so far as to say that no dog sniff erty found at that location does not rant , agents opened Lovell's lug• would ever be considered a constitute a search. However, if gage and found 68 pounds of search . Rather, the Court was the dog sniff takes place in an area marijuana. Lovell was subse• careful to limit the impact of its where defendant has a reasonable quently arrested and charged with decision by narrowly concluding expectation of privacy, such as his possession of a controlled sub• that" the exposure of ldefend• home or automobile, then the sniff tance with intent to distribute . ant's1 luggage, which was located does amount to a search and it Prior to triaL Lovell moved to suppress all the evidence obtained from his luggage on the grounds that the bags had been ... if the dog sniff takes place in an area where seized and then searched in viola• " defendant has a reasonable expectation of tion of his fourth amendment privacy ... then the sniff does amount to a rights. 19 The U. S. Court of search... . Appeals for the Fifth Circuit was asked to decide whether: I) The removal of Lovell's bags from the airline conveyer belt was a sei:ure in a public place, to a trained must be reasonable under the under the fourth amendment, and canine - did not constitute a fourth amendment. The following" 2) whether the sniff-o of the lug• 'search' within the meaning of the cases demonstrate this distinction gage was a search.21 Fourth Amendment." 13 The ob• and illustrate different courts' In response to the first query, vious implication of the Court's approaches to the legal ity of dog the court distinguished between narrow ruling is that if the location sniffs in various nonpublic places . luggage taken from the custody of of the article subjected to the dog a traveler and luggage taken from Third-Party Controlled Areas sniff was changed, then the con• the custody of a third-party com• clusion that the sniff was not a In United States v. Lovell,I6 mon carrier. Finding the latter to search could also change. the Fifth Circuit Court of Appeals be much less intrusive, the court upheld the legality of law enforce• ment officers subjecting a pas• "Winston" detects the odor of drugs during a train· ing exercise in a hotel room. Had this been an actual search, both probable cause and a search warrant would normally have been required.

concluded, ..... momentary delay is not a search and, therefore, nei• Private Residences occasioned by the bags ' removal ther probable cause nor a reason• Law enforcement officers from the conveyer belt was insuf• able suspicion is required to justify may desire to use a detection dog ficient to constitute a meaningful the action. 24 in areas where there is unques• interference with Lovell's pos• LOI'ell is just one of many tionably a reasonable expectation sessory interest in his bags. As a cases holding that the use of a of privacy, such as sniff. of a per• result. the Agents' actions did not drug detection dog to sniff items son.}<} a private home, or hotel constitute a seizure. ' '22 placed in the care and custody of room. Using a dog under such cir• The court also rejected de• third parties is not a search under cumstances generally implicates a fendant's contention that the sniff the fourth amendment. The same person's reasonable expectation of of his luggage was a search. The result has been reached in cases privacy30 requiring prior judicial court began by recognizing that where dogs have been used to authorization or other appropriate .. when airport security concerns detect the odor of drugs emanating justification under one of the are not implicated, every pas• from safe deposit boxes,25 pack• exceptions to the warrant require• senger who has luggage checked ages shipped through Federal ment. with an airline enjoys a reasonable Express,26 cargo stored in the For example, in United States expectation of privacy that the facilities of a private carrier,}7 and v. Thomas,3) the Second Circuit contents of that luggage will not parcels traveling in the U.S. Court of Appeals held that simply be exposed in the absence of con• mail. 2x The common thread run• using a dog to detect odors em• sent or a legally obtained war• ning through each one of these anating from defendant's apart• rant. "21 Nonetheless. the court cases is that the particular defend• ment constituted a search, even concluded that the passenger's rea• ants involved had no reasonable though no entry into the premises sonable expectation of privacy did expectation of pri vacy in the area was made . In Thomas, the defend• not extend to the airspace sur• in which the drug detection dog ant claimed that the warrantless rounding the luggage; the use of a was used and, therefore, the dog use of a drug-trained dog outside drug detection dog to sniff luggage sniff was not subject to fourth his apartment to detect odors orig• in the custody of a common carrier amendment con traints. inating from within was an illegal

------______-;- August 1989 I 29 search that tainted the sub e• defendant had no expectation of speak with him. Although defend• quently issued warrant. The court privacy in the area where the dog ant agreed to talk to the officers, acknowledged the precedent estab• sniff occurred, while in Thomas, he immediately broke into a pro• lished in Place, but noted that the the defendant's privacy interest fuse sweat. When asked to iden• use of a dog to detect odors in a was extremely high. Dog sniffs tify himself, defendant produced suitcase is quite different than may also occur in motor vehicles34 a pair of military dog-tags, but using a dog to reveal the contents or other areas where defendants claimed to have no other identi• of an individual's home. Empha• are afforded a reduced expectation fication. In response to further sizing the fact that an individual of privacy. questioning , defendant advised has a heightened privacy interest that he had been in Miami for 2 in hi s dwelling place, the court days to play tennis with fri ends. made the following statement: The officers then informed defend• "[AJ practice that is not intru• ... courts have ant that they were conducting a ive in a public airport may be " recognized the narcotics investigation and asked intrusive when employed at a evidentiary value of a for consent to search defendant's person' home. Although using weI/-trained drug bags. When defendant denied hi s a dog sniff for narcotics may detection dog. consent, he was permitted to board be discriminating and unoffen• the train with no further interrup• sive relative to other detection tions. methods, and will disclose only After defendant's departure, the presence or absence of nar• For example, in United States the officers in Miami contacted v. Whitehead, 35 law enforcement" Amtrak officers who boarded the cotics, it remains a way of detecting the contents of a pri• officers noticed defendant as he train when it made a schedul ed vate, enclosed space. With a arrived at the Miami, FL, Amtrak stop in Washington, DC. More trained dog police may obtain Station 10 minutes before the officers boarded the train in Bal• information about what is scheduled departure of the morn• timore and with them were two inside a dwelling that they ing train to New York City . De• drug-trained dogs . One of the could not derive from their own fendant called attention to himself officers knocked on defendant's senses . . .. Here the defendant by carefully scanning the front of door. When the door was opened, had a legitimate expectation the station before entering. The the officer identified himself and that the contents of his closed officer initiated an investigation was given consent to enter. Once apartment would remain pri• by speaking to the taxi driver who inside, the officer asked for per• vate, that they could not be drove defendant to the station and mission to search defendant's 'sensed' from outside his door. the ticketing agent who sold de• bags. Defendant again broke into a Use of the trained dog imper• fendant his ticket. The taxi driver profuse sweat and asked what missibly intruded on that advised that defendant had been would happen if he objected. The legitimate expectation. "32 picked up at a Miami hotel well officer indicated he had dogs known to the officers as a com• In keeping with this rationale, the available to sniff the luggage. At mon meeting place for drug traf• court in Thomas concluded that that point, defendant told the the use of a dog to detect the odor fickers. The ticketing agent in• officer to "bring on your dogs. "36 formed the officers that defendant of drugs coming from defendant's The dogs were brought into the apartment was a search which paid cash for a first-class sleeping roomette, where they both alerted required both probable cause and a car ticket to New York, the reser• to one of defendant's bags . De• vation for which had been made fendant and his luggage were search warrant. 33 only a few hours before. With detained while a warrant was Motor Vehicles this know ledge, the officers obtained. The subsequent search The Lovell and Thomas cases approached defendant, and after of the suitcase revealed 3 kilo• illus trate two diametrically op• identifying themselves, asked to grams of cocaine. posed ·ituations. In Lovel/, the Prior to trial, defendant Based on these observations, the not required is attributable in large moved to suppress the cocaine court rejected defendant's conten• part to the reduced expectation of found in his luggage on the tion that the roomette was the privacy attached to motor vehi• grounds that the dog sniff of his functional equivalent of a hotel cles. luggage, which was located in hi~ room or a temporary home that roomette. was an unlawful search deserved the most scrupulous pro• CONCLUSION under the fourth amendment. The tection under the fourth amend• Drug detection dogs are ex• trial court rejected this motion and ment. tremely effective weapons to use found defendant guilty of posses• The court's review, however, in the war on drugs. Trafficker~ sing cocaine with intent to dis• did not end there. Defendant coun• have attempted to thwart the ef• tribute. On appeal. defendant tered with the argument that even forts of these dogs by packaging renewed his fourth amendment though motor vehicles are given drugs in containers filled with claim. less protection under the fourth moth balls and garlic. 4u When Recognizing that the roomette amendment. probable cause is till these attempts at concealment in question was not a "public required to justify the warrantless failed, drug cartels, acting out of place," the U.S. Court of Appeals search of such vehicles. Again. fear, actually put contracts out on for the Fourth Circuit first consid• the court disagreed. Because the the I ives of certain detection ered whether the roomette was the dog sniff is so much less intrusive dogs. 41 The fear exhibited by the equivalent of defendant's home or than a traditional 'earch, the court drug traffickers is itself a reward hotel room where his expectation reasoned that a prior showing of to the law enforcement community of privacy is heightened, or in• probable cause was unnecessary . because it means that a weapon stead more akin to a motor vehicle Instead. the court found that such that works has been found. where the privacy interest is a limited and discreet intrusion as To keep this weapon work• diminished. After pointing out that is caused by a dog sniff could be ing, law enforcement officers must trains, like cars, are subject to per• justified on the basis of a reason• be careful to use detection dogs va ive government regulation and able suspicion. In light of the facts within the boundaries set by the their mobility creates the same known to the investigating officers courts. Those boundaries can be "law enforcement exigency ... in Whitehead, the court found that summarized as follows: and ... potential for immediate flight from the jurisdiction, "37 the court made the following observa• tion: ... the use of a drug detection dog to sniff "Whitehead's roomette was "items placed in the care and custody of third moving swiftly in interstate parties is not a search under the fourth transit. Whitehead's status amendment. therein was that of a passenger, not a resident. Although White• head had no ability to direct the train's movement. its continu• a reasonable suspicion existed at • If the dog is used to sniff an the time the dog sniff was con• area where the defendant "has ing journey imposed practical constraints on the officers' abil• ducted. an extremely high expectation ity to mount a full-fledged Many cases have adopted the of privacy , then a warrant investigation within jurisdic• rationale used in Whitehead and based on probable cause or an tional boundaries. Moreover, have upheld the use of dogs to exception to the warrant Whitehead could leave the train detect drugs in motor vehicles requirement is a prerequisite; at any stop, and unlike a hotel when a reasonable suspicion can • If the sniff is to occur in an guest, he had no authority to be articulated . .19 The fact that a area of reduced expectation of remain on the train once it warrant based on probable cause is reached its destination . "38

------_ August 1989 31 privacy, then a mere showing "U.S. Con,t. amcnd . IV read;,: " The ri~ht unrea,onable in it, exccution a, to ero,,, the of reasonable suspicion is all of thc pcople to bc ,ecure in their per"on!> . • bound, of con,titutional propriety. wc are not house". papcrs and cl'fect,. again,t unrcm,on• confronted by , uch a proces;, here ." that is required; and able ,earche, and ,ei7ure". shall not be ~1 LO\ · e" . .I' llI'm note 16. at 9 16. • If the dog is used to sniff an violated. and no Warrant!> ,hall i"ue. but upon 11/d. 913 . probablc cau,e. ,upp0i'led by Oath or a!Tirma• 1' ld. item located in a' publ ic place tion. and particularly dc,cribing thc placc to be 1'See. e.K .. Slrolll v. SllIll'. 6HH S.W.2d or a place controlled by a third ..earched. and the per,on or thing, to be IH8 (Tcx . App. 19l55) and Slate v . Bo\'cl'. 723 party. then no search will occur ,ei7.:d. " P.2d 28 (Wa,h. App. 1986). "'Thi, t\\ o-,tep te,t for dctermining the 1"See. e.g.. GlIlI/ble v . Slall'. 473 So.2d and fourth amendment existence of a rea,onable exp,:clation of pri• 11 88 (A la. App. 1985). prosc riptions regarding searche vacy \Va, first announced b) the Supreme 1'See. e.g.. SllIle v. SlIilkill . 681 P.2d 980 need not be a concern. Cour! in Kal: v. Ulliled Stale.l. 389 U.S. 347 (Sup. CI. Hawaii 1984). (1967). 1xSee. e.g .. SllIle v. Kesler. 396 N.W.2d Although other constitutional " Place . .I//Pl'll notc 3. at 1644. 729 (S up. I. .D. 1986). considerations may arise. such as " Id. 1" ln SllIle v. Boyce. 723 P.2d 28 (Wa,h. L1/d. at 1645. App. 1986). thc court held that a caninc ,niff the level of suspicion needed to " See. e.g.. Gall/ble v . SllIle . 473 So.1d of a per,on or of object;, being carried by the se ize luggage from a traveler'!} or 188 (Ala. App. 1985): Stale v. Snilkill. 68 1 pen,on i, " . . . offcn"ivc at be,t and harrowing the amount of time an item may be P.1d 980 (Sup. CI. Hawaii 1984): and Slo//l v. at wor,t to the innocent ,niffcc" and re4uirc, Stale. 688 S.W.2d 188 (Tex. App. 1985). a rca,onablc ,u'picion. It!. at 3 1 n. 4 . detained prior to conducting a '~ S<,e. e.g.. Ulliled Stale.1 v. Tartaglll'll. "'See note 10 . .II/pra. sniff test,'!) law enforcement 864 F.2d 837 (D.c. Cir. 1989): Crosl).'· v . 1'757 F.1d 1359 (1d Cir. 1985). C('l'I. officers can help insure the legal• dellied. 474 U.S . 819 ( 1985). 111d. at 1366-7 . ity of the dog sniff itself by stay• " Although thc court found that the lVar• ing within these boundaries. ~ '~~ rantle" u,e of the d.:tcction dog IVa' a fourth Many cases ... have amendme nt violation. it refuscd to ,uppre" thc upheld the use of dogs evidence. Rathe r. thc court found that ,ince Foot notes " the ,ub,cquentl y i"ued warrant wa, executcd in good faith. and pur;,uant to the Supremc 'Fleming. "Wil1!>lOn ', La,t Chance." to detect drugs in Court' , deci,ion in Ulliled Slales v. Leoll. 104 Reader·.1 Digesl. Novembcr 1988. pp. 100-4 . motor vehicles when a S.C! . 3405 ( 1984). the exclu,ionary rule need 1An alen by a well -trained dctcction dog nOl apply. i, normally ,ufficicm to e!>tab li !> h probabl.: reasonable suspicion involvin~ cau,c. See. e.g.. Ulliled Stale.1 v. Race. 519 u For ca,e, do!! ,nifb of motor can articulated. vchic les. see Ulliled SIlII;.1 v~ Tartaglia. 864 F.2Li 12 ( I ,t Cir. 1976): .Iee aiso. Comlllcnt. be 13 San Diego L. Rev. 410 ( 1976). F.2d 837 (D.c. Cir. 1989): Ulliled SllIle.1 v. SlOlIe. 866 F.1d 359 ( 10th C ir. 1989): Ulliled ' 103 S.C!. 2637 ( 1983) (hereinafter citcd SllIle; v. Hardy. 855 F.2d 753 (11th Cir. ," Pillce) . Uniled SillIes v. Dicesare. 765 F.2d ' Rca;,onablc suspicion had previow,ly Stale. 491 So.1d 11 51 (Fla. App. 1986): and 1988) : 890 (9th Cir. 1985): and O·Keelv. SllIle. 376 becn c,tabli,hcd by officcr;, who had tal ked to Co/llI/wlIlI'ellllil v. lolll/.l/on. 530 A.1d 74 cPa. S.E.2d 406 (CI. of App. Ga. 1988). Placc bct'ore he boarded hi, planc for Nc'" Sup. CI. 1987). " 1~ 849 F.2d 849 (4th Cir. 1988). York . '''849 F.2d 9 10 (5th Cir. 1988) Ihereinaf• "'Id. ' Dcfcndant'" suppre,sion l1lotion claimed tcr cited as LOI·elll . 17 /d. that thc warrant Ie,s ;,eizurc of hi , lu ggage vio• "Lovell's nervousnc" was cvidcnced by '"Id. latcd hi s founh amendment right;, . hi, ,hakinl! . his fumbling. his erratic hand NSee note 34. supra. "Uniled Stales v. Place. 660 F.2d 44 (1d IVriting and a " toothpick in his mouth . .. wa, "'See notc I . supra. Cir. 198 1). For a revic" of the proper ;,copc going 90 miles an hour." Id . at 9 1 I. of an invc!>tigative detcmion. ,ec Hall. " In vc,• " Prior to the dog ,niff. thc agcm" com• " Id. tigative Detention: An Intermcdiate prc"ed the ,idc, of the ,uilCa,e and bOlh got a '1SeC note 6 . supra. Re,pon,c." FBI La\\' EII/;)/'('('I/I<'1II Bullelill . faint ,mcll of talcum powdcr and a strong odor " Id. Novcmbcr 1985. Dcccmbcr 191:\5 . and January of marijuana. Thc court found no fa ult wi th 19H6. the agent,' action". Id. 7Because a majority o f the Suprcmc Coun '"Aftcr thc district court refu,cd to ;, up• Law enforcement officers of other found th at the 90-minute dcteillion of dci'end• pre" thc evidence. Lovcll cntcred a than Federal jurisdiction who are ant'" luggage wa, too long. and thereforc. an conditional pica of guilty and reserved the interested in any legal issue dis• unrca;,onablc scizure under thc founh amend• right to appeal thc denial of his supprc,sion cussed in this article should consult Id. mcnt. thc re was no necd for the Coun to motion. at 9 11. their legal adviser. Some police pro• acJdrc", the "dog sniff" que,tion. See Ju"ticc ~' Bccause the agcnts !>n iffcd thc luggage Brcnnan', concurri ng opinion in Pillce. 103 prior to bringing in a dctcction dog. the cOUr! cedures ruled permissible under S.C! . 2637 at 2646 (Brennan. J .. concurrin!!) . focu,cd its allention on the Icgality of thc Federal constitutional law are of ' Thc concurrin!! Ju,ticc, cha,ti,cd the• human ,niff. questionable legality under State law majority for bcing ':unable to 'rc,ist thc pu ll 1' The court also con,idcrcd whethcr or are not permitted at all. to dccidc the constitutional i"uc;, on a broadcr '4ucczing or "prepping" thc bag IVa, a fourth basis than the record bcfore it impue. the coun rcquires.·" Id. quoting Slreel v. Nell' Yod . 'tated. " . . . whilc wc could hypothe>ize a 394 U.S. 576. 58 1 ( 1969). ' prepping' proce,s so violent. cxtreme and The Bulletin Notes

Law enforcement officers are challenged daily in the performance of their duties; they face each challenge freely and unselfishly while answering the call to duty. In certain instances, their actions warrant special attention from their respective departments. The Bulletin also wants to recognize their exemplary service to the law enforcement profession.

Poli ce Spec iali st Robert Officer Robert Di az of the Hennekes of th e Cincinn ati. OH. Corpu s Christi. TX . Poli ce Poli ce Department was jogg in g Department was making a routine while off duty when he was told check of a local convenience store by a local citi ze n that a bank ro b• when he observed an un fa mili ar bery suspect had just left a nearby clerk behind the counter. Noticin g bank . Although un armed, Spec ial• blood on the man' trousers, ist Henn ekes chased the suspect Officer Di az questi oned him and to a nea rby getaway vehicle then quickl y took him into where the suspect shot him once custody. After securing the sus• in the chest. Spec iali st Hennekes pect in the poli ce crui ser, Officer was criticall y wounded but sti II Di az conducted a thorough earch managed to obtain descripti ve of the store. He di scovered the inform ati on on the suspect and hi s fe male clerk who regul arl y Specialist Hennekes ve hi cle which led to an apprehen• wo rked there lying inside the sion a short time later. Hennekes cooler and bl eeding fro m a shot• has since recovered from hi s inju• gun wound to the chest. Officer ri es and has returned to wo rk . Di az call ed fo r an ambul ance . and the clerk has since recovered from her wound s.

Offi cer Brya n Kratochvil of the Uni versity of Nebras ka at Lin• coln Poli ce Department was on hi s way to vi sit a fri end when he came upon a fire at a local apart• ment compl ex. Crawling on hi s hand s and knees . Officer Kra• tochvil twice entered th e burning, smoke- fi li ed bu iId i ng in an attempt to rescue children whom he heard crying in one of the apartments. He was abl e to rescue an unconsc ious 5-year-old child Officer Diaz before losing consc iousness him • Officer Kratochvil self from the smoke. He was later treated for smoke inh alati on and released .

­­ ------~-- U.S. Department of Justice Second Class Mall Federal Bureau of Investigation Postage and Fees Paid Federal Bureau of Investigation ISSN 0014-5688

Washington, D.C. 20535

Official Business Penalty for Private Use $300 Address Correction Requested

Major Art Theft

Between July 17 , 1988 , and August 24, 1988 , approximately $750,000 worth of cultural prop• erty was burglarized from a private residence in New York , New York. Pictured are two paintings stolen in the burglary which also included sculpture, Persian rugs, silver and lu sterware . Any information concerning thi s theft should be directed to FBI, New York City , telephone Top: George Rouault, Christ with Two Disciples, oil on board, 11" x (7 18) 459-3140. Refer to their file 14", value estimated at $150,000. number BQ 87A-86990, You may Left: Marc Chagall, Othello and also contact the National Stolen Desdemona, oil on canvas, 16" x Art File, FBI Laboratory, Wash• 13", value estimated at $150,000. ington, DC, telephone (202) 324-4434.

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