December 1987 Law Enforcement Bulletin December 1987, Volume 56, Number 12

1 Introducing the New Director Transformational Police Leadership by Donald C. Witham

The "Bobby Joe" Long Serial Murder Case: A Study in Cooperation

(Conclusion) " By Gary Terry and Michael P. Malone On-Line Exchange of Fingerprint Identification Data By Dennis G. Kurre Look But Don't Touch: The Plain View Doctrine By Kimberly A. Kingston 24 Book Review 25 1987 Index 31 Wanted by the FBI l?lIDlJ Law Enforcement Bulletin

United States Department of Justice Published by the Office of Public Affairs The Cover: Federal Bureau of Investigation Milt Ahlerich , Acting Assistant Director The fourth Director of the Federal Bureau of Washington, DC 20535 Investigation-Judge William S. Sessions

William S. Sessions, Director Editor-Thomas J. Deakin Assistant Editor-Kathryn E. Sulewski Art Director-John E. Ott The FBI Law Enforcement Bulletin The Attorney General has determined that the publication of this periodical is necessary in the Production Manager! (I SSN·0014·5688) is published monthly by the transaction of the public business required by Reprints-Mark A. Zettler Federal Bureau of Investigation, 10th and Penn· law of the Department of Justice. Use of funds sylvania Ave ., N.W., Washington , DC 20535. for printing this periodical has been approved Second-class postage paid at Washington , DC . by the Director of the Office of Management Postmaster: Send address changes to Federal and Budget through June 6, 1988. Bureau of Investigation, FBI Law Enforcement Bulletin, Washington, DC 20535.

ISSN 0014-5688 USPS 383-310 Introducing the New Director

"My pledge today is ... to lead in a fashion that unerringly and faithfully supports the Constitution and the laws of this great land." -William S. Sessions November 2, 1987

Judge William S. Sessions be• came the fourth Director of the Federal Bureau of Investigation on November 2, 1987, succeeding Director William H. Webster. A Federal district judge for the Western District of Texas, San Antonio, since 1974, Director Sessions had been chief judge since 1980. Prior to his service as a Federal judge, he was the U.S. Attorney for the Western Dis• trict of Texas from 1971 to 1974, and before that served as chief of the Gov• ernment Operations Section in the Criminal Division of the U.S. Depart• ment of Justice. Born May 27, 1930, in Fort Smith, AR , Director Sessions' family moved to Kansas City, MO. After high school , Di• rector Sessions enlisted in the U.S. Air Force, serving 4 years as an airborne radar intercept instructor and rising to the rank of captain . While in the Air Force, the new Director married and then settled in Waco, TX, to complete college and law school at Baylor Uni• versity. The Sessions have four grown children.

______December 1987 1 Transformational Police Leadership

"Upgrading the quality of American law enforcement has been an important national goal over the last 2 decades."

By During the past decade, two semi• have significantly advanced our under• DONALD C. WITHAM, D.P.A. nal works on leadership have been standing of the subject of leadership published. In 1978, James McGregor and brought tangible insights and guid• Special Agent Burns wrote a Pulitzer Prize winning ance to students and practitioners of Federal Bureau of Investigation book entitled Leadership.' Burns wrote leadership. and that leadership is one of the most ob• This article will examine the back• Staff Director served, but least understood, phe• ground and preparation of police Law Enforcement Committee nomena in the world. In 1985, Warren leaders in America, and it will speculate White House Conference Bennis and Burt Nanus authored an• as to how these experiences may relate for a Drug Free America other important book, Leaders: Strat• to their ability to envision. In particular, Washington, DC egies for Taking Charge.2 Bennis and four areas of their preparation will be Nanus built upon Burns' idea of a trans• highlighted-range of police and man• formational leader, and they describe agerial experience, level of formal the essential roles that leaders and ex• education, extent of professional de• ecutives play with respect to organiza• velopment or training, and involvement tional success and performance. Ac• with community and other groups out• cording to these authors, the side law enforcement. The author be• distinguishing talent possessed by lieves these factors are important de• transformational leaders is the ability to velopmental elements for successful envision . They are capable of seeing police leadership. the entire organization, the complex en• vironment, and the interaction of the Law Enforcement Executives two as a single entity. Further, they are The literature on law enforcement able to project this view into the future has long been critical of the inade• and describe a favorable future for the quacies of police executives as they at• organization. They articulate this vision tempt to discharge their responsibilities. to others and provide them with a sense Raymond Fosdick's classic book, of meaning. Also, they inspire trust in American Police Systems, was pub• others- partly because of their stead• lished in 1920, and even then, nearly 70 fastness to their vision.3 These works

2 I FBI Law Enforcement Bulletin ______years ago, he criticized the perform• efforts in the last decades to upgrade ance of police executives: American law enforcement, there has "Far more than to any other factor, been practically no comprehensive re• the irrational development of Ameri• search on this subject. This article will can police organization is due to in• describe some selected findings of a re• adequate leadership. To the lack of cent study of law enforcement execu• trained and intelligent administrators, tives contained in The American Law obtaining and holding office on Enforcement Chief Executive: A Man• favorable conditions, much of the agement Profile published by the Police confusion and maladjustment of our Executive Research Forum (PERF) in 5 Special Agent Witham police machinery is ascribable. " 4 1985. Upgrading the quality of American law enforcement has been an important The PERF Study national goal over the last 2 decades. A During 1982 and late 1983, nearly number of task forces and commissions 500 police chief executives from have developed a host of recommenda• throughout the United States partici• tions. Interestingly, few of these recom• pated in a major PERF study. The ex• mendations relate directly to police ecutives headed the larger State, leaders. The bulk of the suggestions county, or municipal departments in the pertain to setting standards for police Nation (i.e. , a minimum of 75 full-time recruits in areas such as training and employees). Every State in the Nation education. Such a bottom-up approach was represented by at least one execu• will eventually result in improvements in tive, with the exception of Vermont. The law enforcement. extremely high response rates Perhaps, however, a more immedi• achieved by the two surveys (88% and ate approach to upgrading law enforce• 90% respectively) added greatly to the ment would focus upon police leaders quality of this research. At the same and executives . Although no single time, the response rates indicate the group can bring about enhanced law high level of conscientiousness of the enforcement competence, no other administrators and their dedication to group is better positioned to effect this quality policing in America. Chart 1 con• transformation than police administra• tains some profile data on police execu• tors. tives. Virtually every study or commis• sion to examine American law enforce• Discussion of Selected Findings ment since Fosdick's time also has This section will describe those been quite critical of law enforcement findings believed to relate to the execu• administrators. Despite an awareness tives' ability to become transformational of the complexity of the law enforce• leaders. First, the mean age of the par• ment executive's position and an ticipants was 49. In the chart, items 1-5 awareness of the historical inade• under Heading A-THE CHIEF EX• quacies of law enforcement leadership, ECUTIVE-are all statistical means of and furthermore , despite substantial the data. Readers interested in a more detailed description of the methodology

______December 1987 I 3 or statistical analysis can find that infor- and the entire group averaged over 17 many years) of law enforcement admin- mation in the book, The American Law years in their present department, it's istrators. This condition appears to re- Enforcement Chief Executive: A Man• quite clear that only a few could have main largely unchanged, and such a agement Profile. The respondents were had recent experience in other occupa- narrow range of experience would not not young, impressionable men, but tions or even other police agencies. seem conducive to developing a so- veterans of nearly 25 years of policing. Previous research has criticized the rel- phisticated understanding of the com- In fact, since over 90 percent of the re- atively narrow experience (e .g. , pri- plex environment in which policing must spondents had prior police experience marily within one police agency for function . The educational levels achieved by the participants far exceed the levels discovered during previous research. CHART 1-PROFILE OF POLICE EXECUTIVE There can be no question that law en- forcement leaders have made substan- A. THE CHIEF EXECUTIVE tial progress in this area. Again, this is 1. Age ______49 Years an area in which the field has been 2. Time in Present Position ______5.5 Years harshly criticized in earlier studies. As 3. Law Enforcement Experience ______24 Years recently as 1975, an International Asso- 4. Experience in Present Department ______17.7 Years ciation of Chiefs of Police (IACP) study 5. Work Week ______56 .6 Hours found that only about 10 percent of 6. Experience in Law Enforcement chiefs nationwide had earned a bac- Before Becoming Executive ______92% calaureate degree.6 7. Promoted to Ch ief's Position From Another Executive The percentages of college gradu- Position Within Law Enforcement ______80% ates among the chiefs differed mark- 8. Previous Experience as a Chief Executive in edly by region. Executives from the Another Law Enforcement Agency ______10.5% western region were twice as likely to 9. Experience in at Least One Other Law have a degree as their colleagues from Enforcement Agency ______54.9% the northeast. Executives in the south B. EDUCATION LEVEL and north central fell between the two 1. Minimum of a Baccalaureate Degree ______50 .7% (1982) extremes, but their percentages were 56 .8% (1983) much closer to their western colleagues 2. Graduate Degree ______18.4% (1982) than to their northeastern counterparts. 25.6% (1983) There was a strong consensus 3. Associate Degree ______17.1% (1982) among the respondents that executive 15.9% (1983) development training programs were 4. Less Than an Associate Degree ______32 .2% (1982) excellent vehicles for improving the per- 27.3% (1983) formance of administrators. In fact, the 5. Most Common Field of Study (Minimum of an executives overwhelmingly selected Associate Degree) ______training over other methods (e.g ., more experience or education) to prepare a. Law Enforcement­Criminal Justice ______49 .5% their successors properly for the top b. Public­Business Administration ______29% position. Also, some respondents wrote C. EXECUTIVE DEVELOPMENT TRAINING NEEDS that law enforcement has a distance yet (Highest rated subject areas 1982 and 1983) to travel in executive training before it 1. Executive's role in management catches up with other types of training 2. Legal problems and issues in the field. 3. Personnel management 4. Strategic planning 5. Computers and information management

4 I FBI Law Enforcement Bulletin ______H ••• transformational leadership addresses and stresses the morality and integrity of leaders...."

The final selected finding related to headedness. In particular, it means that cial experiences for understanding the how the administrators viewed their people trust a leader's integrity and chief's position, and that in some de• jobs. They were requested to rate their character. Thus, transformational lead• partments, these positions were not as three most important duties from a list ership addresses and stresses the mo• career enhancing as operational-type of nine functions that are frequently de• rality and integrity of leaders unlike positions. Aspiring chiefs should at• scribed within the management litera• some of the fashionable but simplistic tempt to complete both types of assign• ture as executive in nature (e .g., iden• approaches so popular in recent years. ments. tify and set objectives or establish How does one go about develop• The reasons for advocating that priorities). It was obvious from their rat• ing the ability to envision? Or, how does law enforcement officials have regular ings that many of the chiefs realize that one learn to make a mesh of things? involvement with community and pro• there is more to their job then admin• Clearly, there are no guaranteed ap• fessional figures are essentially the istering a complex police organization. proaches or methods; however, it same as those just described regarding A number of executives rated maintain• seems quite sensible to argue that by career planning . This contact will insure ing relationships with community putting people in a wide variety of jobs that officials expose themselves to a leaders, political figures, and the media and situations, and requiring them to wide variety of opinions and views . as integral to their effectiveness. These think seriously about their lives, their Many innovative ideas from one oc• officials know that law enforcement is a profession, and their Nation, perhaps cupation can be adapted by other public function that will never be truly the broadening process can be facili• fields , and leaders must constantly apolitical, and that if they are going to tated. Some people will never see the scan their communities and profes • be effective in their role, they must in• big picture regardless of their prepara• sional discipline for new ideas. Proba• teract with a number of significant ac• tion. Still, the four aspects of prepara• bly an even more compelling reason for tors outside of their organizations. This tion discussed here can assist many in• this involvement is that police organiza• vision, which comprehends the political dividuals in furthering their tions exist to serve the citizenry. Is environment in which law enforcement understanding of law enforcement in there a better method to receive feed• occurs, was not as broadly shared as America. back on organizational performance might be expected. If there is any truth to the old say• than directly from influential community ing that what you see depends on figures? Preparing for Transformational where you sit, then aspiring executives With respect to the necessity for a Leadership should attempt to sit in as many dif• formal education , including at least a The thumbnail sketch in the first ferent chairs as possible. In this way, baccalaureate degree, and the need for section of th is article includes the es• they can begin to see situations from a quality developmental and executive sential elements of transformational variety of viewpoints or perspectives. training programs, this sort of prepara• leadership. Still, readers are strongly At present, it seems unrealistic to tion insures that administrators have encouraged to read the Bennis and expect many police leaders to serve in been exposed to current concepts and Nanus book in its entirety to receive a more than one department so they can opinions on numerous matters relevant thorough explanation of their ideas. To gain these varied perspectives. In gen• to law enforcement. These intellectually avoid misunderstanding here, two crit• eral, pension systems do not allow for stimulating experiences can assist ex• ical points will be discussed more com• this sort of mobility without imposing ecutives in developing an open and in• pletely. First, the ability to articulate a some level of risk to the financial se• quiring mind. They should help leaders vision of where an organization is going curity of the executive and his family. obtain a more refined understanding of is not synonymous with being glib or Nevertheless, future police leaders the proper role of law enforcement in quick witted. It is much more. Most es• should give careful consideration to American society. This understanding pecially, it entails sound and careful their career plans to allow for as many is crucial to forming a vision of the fu• thinking. Further, steadfastness to the different types of jobs and experiences ture of the organization. Even though vision described implies more than bull• as possible. Several participants in the this knowledge is somewhat intangible PERF study indicated that administra• tive positions were particularly benefi•

______December 1987 I 5 H •• • police organizations . .. need transformational leaders to successfully confront the challenges of the future."

and may be difficult to discern, it in• fessional law enforcement associations Footnotes Ijames McGregor Burns. Leadership (New York: forms most of the daily actions and de• such as the International Association of Harper and Row. 1978). cisions of the administrators. Author Chiefs of Police (IACP) , the Police Ex• >Warren Bennis and Burt Nanus. Leaders: Strategies for Takmg Charge (New York: Harper and Row. 1985). Harlan Cleveland believes that there is ecutive Research Forum (PERF), and 3Ibid .• pp. 216-219. a bright future for complexity'? If this is the Police Management Association, as ' Raymond Fosdick. American Police Systems. re• printed (Monlclair. NJ: Patterson Smith. 1969). p. 215. so, can anyone doubt the importance of well as with important community 5Donald C. Wilham. The American Law Enforcement Chief Executive: A Management Profile [Washington. DC : sound intellectual preparation for police groups within Fairfax County. John con• Police Execulive Research Foru m. 1985). leaders? tinues to strive to develop himself and 6National Advisory Commission on Criminal Justice Standards and Goals. Police Chief Executive (PCE Re• Perhaps, one of the best ways to represent his department and profes• port) (Washinglon. DC: Government Pnnllng Office. 1976). highlight the necessary experiences for sion to the utmost of his ability. AppendiX D. 7Harlan Cleveland. The Future Executive: A GUide for police leadership is to discuss the Tomorrows Managers (New York: Harper and Row. 1972). ongoing preparation of a law enforce• Conclusion p. 7. 8Supra note 2. pp. 226-227. ment professional. The author suspects It is widely recognized that the that there are numerous police officials most critical ingredient in the success of who could serve as exemplars of trans• an organization is the quality of its lead• formational leadership. Here, John E. ership.a Although police leaders cannot Granfield, Chief of the Fairfax County singlehandedly upgrade law enforce• Police Department in Virginia, will be ment, there is no other single group as profiled. John is a good example of the important to this process. Further, po• model advocated herein, and he is well• lice organizations, like their counter• known by the author. Neither the author parts elsewhere, need transformational nor John would argue that he is a trans• leaders to successfully confront the formational leader. Nevertheless, the challenges of the future. The author be• author will assert that this man makes lieves that certain types of preparation conscious efforts to develop his abilities and experience can assist an individual and to expose himself to a wide variety in developing this critical skill. of opinions and ideas. Finally, increasing fiscal pressures The Fairfax County Police Depart• on all governments cannot be allowed ment is the largest local law enforce• to impede the continued upgrading of ment agency in the State, employing American law enforcement. Lawen• approximately 1,300 people . The de• forcement is too important a govern• partment received professional ac• mental function , and good policing too creditation in 1985. John has over 18 important a right of all citizens and legal years' experience as a police officer reSidents, to be sacrificed on the altar of with Fairfax, and he has more than 10 cutback management. The real pro• years' service at supervisory and ex• gress in policing of the last 20 years can ecutive management level pOSitions . not be allowed to dissipate. Individuals John is a college graduate, and he also of the highest moral character and with is a graduate of the FBI National Execu• solid intellectual ability are required to tive Institute, the FBI National Acad• lead law enforcement agencies. Now is emy, and Northwestern University's the time to take stock and move for• Course for Police Supervisors. He lec• ward. tures regularly at a number of local uni • versities and police academies. Chief Granfield is actively involved with pro•

6 / FBI Law Enforcement Bulletin ______The "Bobby Joe" Long Serial Murder Case: A Study in Cooperation (Conclusion}

By CAPT. GARY TERRY Hillsborough County Sheriff's Office Tampa, FL and SA MICHAEL P. MALONE, M.S. Hairs and Fiber Unit Laboratory Division Federal Bureau of Investigation Washington, DC

On November 3, 1984, a young linked to the murders, a task force was victim recalled peeking out from under girl , Lisa McVey, was leaving a dough• formed the next day, consisting of the the blindfold and seeing a Howard nut shop in northern Tampa when she Hillsborough County Sheriff's Office, Johnson's motel as they drove up on was abducted. The offender took her to the Tampa Police Department, the Flor• the interstate. an unknown apartment and sexually ida Department of Law Enforcement, At this time , there were approx• assaulted her for 26 hours before re• the Pasco County Sheriff's Office, and imately 30 officers assigned to the task leasing her. The HCSO urged the the Federal Bureau of Investigation. force . They immediately flooded the Tampa Police Department to send their The rape victim, McVey, was exten• North Tampa area searching for the rape evidence to the FBI Laboratory, sively interviewed and recalled that af• apartment and vehicle (only a 1978 and on November 13, 1984, the FBI ter leaving the apartment where she Dodge Magnum has the word " Mag• Laboratory called with the biggest was held, the suspect stopped at a "24• num " on the dash). A task force mem• break yet in the serial murder case ; hour teller machine" to withdraw some ber was flown to the State capital and they found the same red fibers on money at approximately 3:00 a.m. She returned with a list of every Dodge Mag• McVey's clothes as had been found on described the suspect's vehicle as num registered in Hillsborough County. the homicide victims. being red with a red interior and red car• An examination of the computer After the rape case had been pet, with the word " Magnum " on the printout of these registrations revealed dash. Enroute to the release site, the

______December 1987 / 7 Robert Joe Long 's name as a listed to the closest FDLE laboratory which owner of a Dodge Magnum. had the special microscope required for Each team of detectives was as• comparison of the fiber samples. signed certain areas to search, and as The following teams were one team drove to their area, they organized from the task force: noticed a red Dodge Magnum driving 1) Arrest team selected to physically down Nebraska Avenue in North arrest Long. Two of these officers Tampa. The vehicle was stopped, and were selected to interview Long at the driver was told that they were look• the office after the arrest. ing for a robbery suspect. The driver, 2) Search and seizure team for the Captam Terry identified as Robert Joe Long , was pho• vehicle, tographed and a field interrogation re• 3) Search team for the residence , port was written. and During the same time period, bank 4) Neighborhood survey team to in• records for all bank machines in North . terview Long 's neighbors in his Tampa were being subpoenaed. These apartment complex after the ar• bank records revealed that Robert Long rest and before any information had used the 24-hour teller machine was released to the media. close to his apartment at approximately After all task force teams were at 3:00 a.m . on the morning the rape vic• their assigned locations, the Signal to tim was released. The rape victim iden• effect the arrest was given. By this time, tified Long as her assailant from a Long was in a movie theater; as Long photo selection. Based on McVey's walked out of the theater, he was ar• statements, both an arrest warrant and rested. This arrest occurred only 36 a search warrant were drawn up and hours after the task force was formed . approved by a circuit court judge. Long was returned to his apart• Robert Long was located at his ment where approximately 10 to 15 de• apartment approximately 2 hours after tectives were waiting. In this jurisdiction being stopped by the task force mem• (Hillsborough County) , it is preferred to bers. They began a 24-hour sur• serve a search warrant while the owner veillance of Long, also using aircraft to of the property is there to witness the Sheriff Hemrich minimize the chances that Long would search. In this case , an embarrassed spot the surveillance teams. Long refused to exit the police vehicle The task force then consulted the and witness the search. Long was then Behavioral Science Unit at the FBI taken to the HCSO operations center Academy for guidelines to use when in• for interrogation. The interview was be• terviewing the suspect. A Special Agent gun after the interviewing officers had from the FBI Laboratory in Washington consulted with the FBI Agent present was flown to Tampa for an immediate who had prepared the criminal person• comparison of fibers from the suspect's ality profile. The Agent advised that this apartment and vehicle and to assist in suspect would most likely cooperate if the crime scene searches. An aircraft the officers displayed both their au• was standing by so that after the arrest thority and a thorough knowledge of the this Agent could be flown immediately case. The officers opened the interview by carefully talking only about the

8 I FB I Law Enforcement Bulletin ______McVey rape and abduction until the time later, the Agent telephoned the suspect confessed to the McVey case. HCSO confirming that the fibers from Then, the detectives began going into Long 's vehicle matched the red carpet the other homicide cases. Long denied fibers found previously on the victims. any involvement in the homicides ini• Long continued to deny committing the tially. murders until the fibers were matched. Meanwhile, the suspect's vehicle The interviewing detectives then ex• had been brought to the Sheriff's office plained the physical evidence to the where it was being searched. The vehi• suspect. They also explained the sig• cle was found to have the Vogue tire nificance of the matched fibers and

Special Agent Malone and the Goodyear Viva tire, all with the what other comparisons would be done white wall inverted and in the exact lo• i.e., hair, blood, etc. At this time, the cation on the vehicle as had been sus• suspect confessed. pected. A sample of the carpet was re• The suspect gave a brief descrip• moved from the vehicle, and the FBI tion of each homicide. He admitted kill• fiber expert was immediately flown with ing Loudenback (victim #3) and using this sample and previous fiber samples her money card . In each case, Long to the FDLE lab in Sanford, FL, which had talked the victims into his vehicle, had a comparison microscope. A short immediately gaining control of them

- ______December 1987 I 9 l "This case is a classic example of the success that can be achieved when law enforcement agencies cooperate." with a knife and gun . He then bound them and took them to various areas Figure 3 where he sexually assaulted and then murdered them. The suspect also drew a map showing where he had placed Date Date victim number nine . This victim had Victim Victim Body Recovery C.use of Victim's H.me Are. De.th Age Occupation been abducted from the City of Tampa Found Milling during an earlier part of the investiga• Lana Long 5/13/84 5/10/84 Isolated Area Asphyxiation 20 Exotic Dancer tion, and the Tampa Police Department Southern Hillsborough Co. had informed the HCSO of this fact. They believed she fit the "victim profile" Michelle Simms 5/27/84 5/25/84 Isolated Area Blunt Force 22 Prostitute but she remained missing until Long Eastern Cut Throat told them where to find the body.lO Hillsborough Co. Eventually, a total of 10 homicides Elizabeth 6/24/84 6/8184 Orange Grove Unknown 22 Factory Worker which had occurred in and around the Loudenback Southeast Tampa Bay area over a period of ap• Hillsborough Co. proximately 8 months were attributed to Chanel Williams 10/7/84 tO/1/84 Isolated Area Gunshot 18 Prostitute Long (see fig. 3). The victims ranged Northern Wound to from 18 to 28 years in age, and the ma• Hillsborough Co. Head jority of the victims were prostitutes. Karen Dinsfriend 10/14/84 10/13/84 Isolated Area Asphyxiation 28 Prostitute Most victims were strangled and/or as• Northeast phyxiated; however, one was shot and Hillsborough Co. one died of a cut throat. Several weeks after the arrest of Kimberly Hopps 10/31184 9/31/84 Isolated Area Unknown 20's Prostitute Northern Long , a conference was held at the Hillsborough Co. HCSO , attended by law enforcement agencies from throughout the State of Juvenile Female 1114184 1113/84 --• --• 17 Doughnut Shop Florida. The entire case was presented, Worker and as a result, numerous rapes were Virginia Johnson 1116/84 10/15/84 Isolated Area Strangulation 18 Waitress cleared in the Miami area. The Public Pasco Co . Near (Prostitute) Defender's Office had attempted to ob• County Line tain an injunction to prevent dissemina• Kim Swann 11/12/84 11/9184 Tampa Near Strangulation 21 Student tion of information about the Long Rt.60 (Part-Time cases, but this obstacle was overcome Exotic Dancer) by having this conference limited to law enforcement personnel only. Vicky Elliot 11116/84 9/7184 Isolated Area Strangulation 21 Waitress Northern This case is a classic example of Hillsborough Co. the success that can be achieved when law enforcement agencies cooperate. Artis Wick 11122/84 3128184 Isolated Area Unknown 18 The following are critical areas of the in• Southern Hillsborough Co. vestigation and how they were handled. News Media-In the past the HCSO bureau commander handled the initial press release to the media re• garding the homicides. A sergeant from

10 / FBI Law Enforcement Bulletin ______another bureau was selected as a pub• "lead," and these leads were assigned the evidence, providing a tracking of the lic information officer for the investiga• to the detectives to resolve. It was physical evidence in each case. tion, thus taking the burden off the bu• through this method that the majority of Laboratory Services-The par• reau commander and allowing for the the victims were identified. ticipation of the FBI Laboratory was the proper supervision of the case. In the Evidence Collection and Con• key ingredient to the successful conclu• majority of these cases , the victims trol-The identification, collection, and sion of this case. Again, continuity was were unidentified , so the HCSO re• preservation of physical evidence was obtained because all the evidence went leased a composite and physical de• very crucial in these cases. After the to the same laboratory. In addition , the scription to the local media. Each call first homicide, two detectives were des• lab became closely involved in the from the public was logged in as a ignated to work each scene and collect case; HCSO supervisors and detec-

Figure 4

Red Red Delustered Lustrous Yellow Hair Hair Trilobal Trllobal Delustered Transfer Transfer Nylon Nylon Acrylic Long .. Victim .. Cordagel Name of Victim Fibers Fibers Fibers Victim Long's Car Semen Tire Tread Knots Misc. Lana Long Neg . Yes --- Neg. Head Hair Neg . Similar Yes Partially Design and Decomposed . Size 3 Days Michelle Simms Yes Yes --- Neg Head Hair 118" & "H" Similar Yes Intact Body · Design and 2 Days Size Elizabeth Yes Yes --- Neg. Neg. --• --- No Badly Loudenback Decomposed · 16 Days Chanel Williams Yes Yes --- Pubic Hair· Neg . "A" & "H" --- Yes Badly Sweater Decomposed . 6 Days Karen Dinsfriend Yes Yes Blanket to Pubic Hair · Head Hair "A" & "H" Neg. Yes Intact Body· Trunk Blanket 1 Day Kimberly Hopps Neg. Neg. --- Neg . Head Hair Neg. --- No Skeletonized · 1 mo . Juvenile Female Yes Yes --- Head Hair · Neg. Neg. --- Yes Head Hairs Like Shirt Victim in Long's Apartment Virginia Johnson Neg. Yes --- Neg. Head Hair --• --- Yes Skeletonized · 3 wks Kim Swann Yes Yes --- Neg . Head Hair Neg. Limited No Intact Body · Design 3 Days Vicky Elliot Yes Yes --- Neg. Neg. Neg. --- Yes Skeletonized . 60 Days Artis Wick Neg. Neg. --- Neg. Neg. Neg. --- Yes Skeletonized . 6 mos.

______December 1987 1 11 "The importance of the fiber evidence was apparent . .. from the beginning, as 8 of the 10 victims were associated with Long's vehicle through fiber comparisons." tives flew to Washington, DC to present ment were assignment of aircraft for of undercover personnel to observe the the evidence from each case to the fo- surveillance, reassignment of property suspect after he was identified. In addi- rensic experts. There was a continued detectives to other homicides, pur­ tion , detectives were allowed to travel dialogue and exchange of information chase of personal computers to cata­ throughout the State of Florida and the between the HCSO and the FBI Labo- logue all leads and suspects, and use United States to trace leads; there was ratory about the physical evidence. Task Force­ An immediate ad- vantage enjoyed by the HCSO was that the majority of the cases were in HCSO Figure 5 jurisdiction. When it came time for the task force to be formed , there was no FBI Criminal Personality Profile question that the HCSO would be in charge. However, the task force com- mander had to take into account the dif- Race Caucasian Caucasian ferent agencies and had to be able to blend their various responsibilities. It was decided to have one HCSO detec- Age Mid 20's 31 tive and one TPD detective pair up and be responsible for certain investigative Personality "Macho" Image On Probation for tasks. The interview team consisted of Assaultive with Assault/Lifted one officer from each agency, thus the Weaker Individuals Weights/Transferred other agencies couldn 't complain that from S.O. to State they weren 't involved. The personnel selected for the task force were all Penn . homicide and /or sex crime detectives Employment Difficulty in Holding Fired from Prev. Job experienced in these types 'of investiga- Job Currently tions. The one problem with this format was that "other homicides" and " per- Unemployed sons" crimes continued, so that prop- erty detectives were handling the other Marriage Probably Divorced Divorced " persons" crimes, since all homicide detectives were devoted to the task Vehicle "Flashy Car" Red Dodge Magnum force. Agency Commitment­ An inves- Weapons Likely to Carry Carried Gun and tigation of this magnitude cannot be Weapons Knife successfully concluded without the total commitment of the agency and support Personality Inclined to Mentally Tied "Leash" to of the chief executive. This commitment and Physically Taunt some Victims was given by the HCSO immediately af- and Torture ter the first homicide, and with this com- mitment, the Homicide Bureau , and la- Victims Randomly Selected ter the task force , had the entire Susceptible to resources of the HCSO and the TPD at Approach their disposal. Examples of the commit- Geographics Confine Activity to Tampa Bay Area Given Geographic Region

12 I FBI Law Enforcement Bulletin ______Line-ot-Duty mobilization of auxiliary personnel, re• strongest evidence presented at this Deaths alignment of patrol personnel to provide trial was the hair and fiber associations, surveillance of the interstate system, as well as the confession of Long. The and reassignment of the Selective En• trial lasted a week and received a great Decrease forcement Unit to the Detective Division deal of media coverage . Long was for the duration of the investigation. found guilty of the murder of Virginia As a result of laboratory examina• Johnson and was sentenced to die in tions , numerous associations were the electric chair. made between the various crime It was decided that the first case According to preliminary statistics scenes, the suspect, the victims, and that would be tried in Hillsborough of the FBI's Uniform Crime Reporting the suspect's vehicle. (See fig . 4.) The County would be the Michelle Simms Program, 34 law enforcement officers probative value of these associations case . This case was picked due to the were feloniously killed in the United was explained to the prosecutors from brutal nature in which she had been States during the first 6 months of 1987. the Hillsborough County State At• killed and the fact that it contained the This is a decrease from the 43 line-of• torney's Office and the Pasco County strongest forensic evidence. The sec• duty deaths which occurred in the first State Attorney's Office. The importance ond case to be tried would be the Karen half of 1986. Law enforcement agen• of the fiber evidence was apparent from Dinsfriend case. As a result of discus• cies have cleared all 34 slayings. the beginning , as 8 of the 10 victims sions between the Hillsborough County Thirty-two of the 34 officers were were associated with Long 's vehicle State Attorney's Office and the Public slain with firearms; handguns were through fiber comparisons. The impor• Defender's Office of Hillsborough used in 20 of the killings, shotguns in 6, tance of the hair evidence also began to County, a plea bargain was agreed and rifles in 6. The remaining 2 victims emerge as all of the forensic examina• upon for eight of the homicides and the were killed with knives. tions were completed . Six of the victims abduction and rape of Lisa McVey. Thirteen officers were killed upon were associated to Long 's vehicle Long pled guilty on Septembeer 24, answering disturbance calls. Four were through hair transfers, even though 1985, to all of these crimes, receiving slain upon responding to burglaries; 3 Long had thoroughly vacuumed his 26 life sentences (24 concurrent and 2 while involved in drug-related situa• Dodge Magnum the day before he was to run consecutively to the first 24) and tions, and 6 while attempting arrests for arrested. Two of the 10 victims were as• 7 life sentences (no parole for 25 other offenses. Four officers lost their sociated directly to Long by transfer of years) . In addition, the State retained lives while enforcing traffic laws, 2 while his hairs to these victims. The signifi• the option to seek the death penalty for handling or transporting prisoners; 1 cance of the ligatures and knots should the murder of Michelle Simms. In July while investigating suspicious persons not be overlooked as these provided a of 1986, the penalty phase of the or circumstances ; and 1 was am• valuable link between cases. The tire Michelle Simms trial was held in bushed. tread evidence provided many leads Tampa. It lasted 1 week and again re• Geographically, 17 officers were and would associate Long's vehicle di• ceived great media attention. Long was slain in the Southern States, 7 in the rectly to the crime scene in two of the found guilty and was again sentenced Midwestern States , 5 in the North• cases. The importance of the criminal to die in Florida's electric chair. ~[IDD eastern States, and 5 in the Western personality profile should also be noted. States. Nineteen of the victims were (See fig . 5.) In addition to providing val• city police; 7 were county officers; 7 uable leads, it can also "guide" a case. Footnote were employed by State law enforce• It cannot, however, take the place of a lOin view of the fact that the final two victims in this ment agencies; and 1 was a Federal of• case, Vicky Elliot and Artis Wick, were not found until after ficer. thorough and competent investigation. the arrest of Robert Long , they will not be covered exten· The first trial of Robert Long was slvely in this article. held in Dade City, FL (Pasco County) on April 22 , 1985. This was the trial for the murder of Virginia Johnson. The

______December 1987 13 On-Line Exchange of Fingerprint Identification Data

"... a new American national standard . .. provides a means for exchanging data between different makes of [automated fingerprint identification systems}."

By Does the concept of on­line trans• cause law enforcement agencies have DENNIS G. KURRE mission of computerized fingerprint systems installed by different manufac• minutiae and image data between law turers, their data centers could not, until Special Agent enforcement agencies sound strange recently, effectively and efficiently ex• Automation and Research Section and far-fetched? Probably not as much change this important information. Identification Division today as it may have just 5 years ago! In response to the rapidly expand• Federal Bureau of Investigation The development of technology ing commercial market for automated Washington, DC has reached the point today where au• fingerprint identification systems (AFIS) tomated fingerprint identification can be used by law enforcement agencies, a performed by law enforcement agen• number of manufacturers began pro• cies throughout the world. It is possible ducing these systems. Unfortunately, to electronically "read" a fingerprint these various systems could only inter• card, which means that a machine will face or communicate with systems scan a set of fingerprints to identify, ex• made by the same manufacturer. This tract, digitize, and store fingerprint min• meant that if one agency within a State utiae data. Automated searching and purchased a system from company matching of that stored fingerprint data "A," while other agencies purchased can be conducted for comparison with systems from companies "8," "C," and newly received 10-print fingerprint "D," etc. , none of these agencies could cards or latent fingerprint minutiae data communicate with each other for the developed as a result of a crime scene purpose of sharing fingerprint identifica• search and latent fingerprint analysis. tion . They could only exchange on-line In addition, automated storage and re• information with those agencies having trieval of images on a video screen for systems manufactured by the same the purpose of making positive identi• company. This problem also surfaced fication and/or verifications by trained between States having different sys• fingerprint examiners is being rapidly tems. developed and refined. To resolve this problem facing law Among all this technological ad• enforcement agencies interested in vancement, however, one disturbing sharing fingerprint identification infor• fact sits ominously on the horizon. 8e• mation, a new American national stand• ard has been developed. This new

14 I FBI Law Enforcement Bulletin ______standard has been created through the record their relative position and orien• sponsorship of the National Bureau of tation . Some of the systems also record Standards with input provided by over ridge counts between selected minutiae 70 representatives of national and inter• or other topological information . The national law enforcement agencies , standard provides for alternative means AFIS manufacturers, and others having of formatting fingerprint information to an interest in the problem. The stand• cope with the problems caused by dif• ard is entitled " American National fering system requirements . Standard for Information Systems-Fin• The standard defines four types of gerprint Identification-Data Format for records that may be used in exchang• Information Interchange." It was pub• ing an individual's fingerprint informa• Special Agent Kurre lished in December 1986, under the ti on. The first of these, a Type-1 record , American National Standards Institute is used in all transactions. It defines the (ANSI) identifier code of ANSI/NBS• type of transaction (inquiry , addition, ICST 1-1986. This new standard etc.) and contains information about the provides a means for exchanging data other record types that may be included between different makes of AFIS. in the transaction. It also contains Automated fingerprint identification agency identification, subject identifica• systems are finding ever-increasing ap• tion, and descriptive information. Each plication in State and local law enforce• of the items of information is contained ment agencies . As previously men• in a numbered fie ld. Use of most of tioned , these systems are available these fields is optional. If the informa• from several different suppliers. Each tion is not available or is not applicable scans fingerprint images and detects to the transaction , the field may be and records information about min• omitted. The numbering permits identi• utiae-based features ; however, all do fi cati on of those fields that have been not incorporate the exact same fea• used . tures, the same coordinate system, or The other three types of records units of measure to record fingerprint contain information from a single fin• information. gerprint of the subject. Thus, up to 10 of A software conversion routine can each of these records may be involved be used to convert from one system of in a transaction. units to another. Using this approach, The Type-2 record contains a each AFIS user would need a different small amount of descriptive information software package to interchange data and a complete listing of the feature in• with every other type of system. An al• formation that has been detected and ternative and more economical ap• recorded by the AFIS. Each minutiae is proach is to use an intermediate set of assigned a reference number. The units and format. Then, each AFIS user position of that minutiae in X and Y and would require only a single software its orientation in Theta is listed. The list• package to convert his system's data to ing is in units that are of higher preci• and from that intermediate. The stand• sion than those used by any of the AFIS ard is arranged to use the intermediate systems so that accuracy is not de• set of units and format. graded by the conversion process. All AFIS detect fingerprint minutiae There is also a provision to enter ridge (ridge endings and bifurcations) and

______December 1987 I 15 "The standard defines four types of records that may be used in exchanging an individual's fingerprint information." counts and the identity of the adjacent Type-1 record. A Type-3 record can be choice may depend upon cost and minutiae that are involved. If the AFIS used as direct input to the destination urgency considerations. at the agency preparing the record AFIS as though it were output data from ANSI/NBS-I CST 1-1986, "Ameri• does not provide ridge count informa• that system's scanner. In that way, the can National Standard for Information tion, calculated values can be used. required set of minutiae-based features Systems-Fingerprint Identification-Data This may affect performance at a desti• can be detected directly from the image Format for Information Interchange," is nation agency using an AFIS that re• data record. This bypasses any feature available from the Sales Department, quires ridge count information. Alter• detection limitations in the AFIS at the American National Standards Institute, natively, a Type-3 or Type-4 record originating agency. 1430 Broadway, New York, NY 10018. may be prepared. The Type-4 record is identical to The cost is $15.00 plus $4.00 shipping The Type-3 record contains image the Type-3 record , except that the reso• and handling. Agencies that are in the data. The resolution of these data is a lution is increased to a nominal value of process of procuring AFIS might wish to nominal 10 picture elements (pixels) 20 pixels per millimeter. consider including in their specifications per millimeter. Information about the The records involved in a transac• the requirement that the supplier scanning sequence and quantization tion can be recorded on magnetic me• provide the capability of interchanging level is contained as a part of the de• dia (tape or disks) for transfer to a desti• fingerprint data with other agencies in scriptive information in the associated nation agency, or data communications accordance with this standard. facilities can be used for transfer. The

Increase in Crime Recorded

The FBI has released preliminary increased 2 percent, and motor vehicle crime statistics for January through thefts rose 6 percent. Burglaries de• June 1987. During this 6-month period, clined 1 percent in number, and the ar• crime reported to law enforcement rose son total dropped by 6 percent. 1 percent, when compared to the same Regionally, this year's semiannual period of 1986. The increase was Crime Index totals showed no change measured by a Crime Index of selected from the first half of 1986 in the Mid• offenses for which law enforcement western and the Western States. An in• agencies nationwide provide data to the crease of 3 percent was experienced in FBI 's Uniform Crime Reporting Pro• the Southern States, and the North• gram. eastern States recorded a 2-percent While violent crime overall dropped rise. 1 percent in volume, aggravated as• The Crime Index total remained sault showed an increase of 2 percent. stable in the Nation 's rural areas and The murder total declined 2 percent, those cities with populations under robbery dropped 5 percent, and forcible 10,000. Cities of other sizes registered rape showed no change. increases ranging from 1 to 3 percent. Conversely, property crimes were A 1-percent increase was experienced up 2 percent. Reported larceny-thefts in the suburban areas.

16 I FBI Law Enforcement Bulletin ______Look But Don't Touch: The Plain View Doctrine "To be in plain view, an item must be plainly visible to a law enforcement officer standing in a position where he has a lawful right to be."

By KIMBERLY A. KINGSTON Special Agent FBI Academy Legal Counsel Division Federal Bureau of Investigation Quantico, VA

Law enforcement officers of other than conducted a cursory search for the indicted on charges of armed robbery. Federal jurisdiction who are interested shooter, other victims, and weapons. Prior to trial, the State court in any legal issue discussed in this arti- Although no people were found, several granted Hicks' motion to suppress the cle should consult their legal adviser. weapons and a stocking­cap mask stereo equipment seized from his apart- Some police procedures ruled permis- were discovered during the search. ment. On review, the Arizona Court of sible under Federal constitutional law Before leaving the scene , one of Appeals ,4 although recognizing the va- are of questionable legality under State the officers noticed two sets of expen- lidity of the initial warrantless entry into law or are not permitted at all. sive stereo components in Hicks' apart- the apartment due to the exigent cir- ment. Noting that the stereo equipment cumstances created by the shooting ,S appeared out of place in the otherwise affirmed the lower court's order to sup- ARIZONA v. HICKS! ill­appointed apartment, the officer be- press on the grounds that the obtaining On April 18, 1984, police officers in gan to suspect that the components of the serial numbers was an additional Phoenix, AZ, were called to a local may have been stolen . To satisfy his search that was unrelated to and , there- apartment complex to investigate an curiosity, the officer more closely exam- fore, not justified by the exigency.6 ln so apparent shooting. Early reports indi- ined the stereos, moving the individual holding, the court of appeals implicitly cated that a bullet, which was fired components in the process, to read and rejected the State's steadfast conten- through the floor of an apartment oc- record their serial numbers. A subse- tion that the officer's actions regarding cupied by James Hicks, struck and in- quent telephone call to police head- the stereo components were totally jus- jured a man living in the apartment be- quarters revealed that a number of the tified under the "plain view" doctrine. low. Once on the scene, the officers components had been taken in a recent After the Arizona Supreme Court de- quickly entered Hicks' apartment2 and armed robbery. The stolen components nied further review in the matter, the were ultimately seized ,3 and Hicks was

______December 1987 I 17 U.S. Supreme Court granted certiorari? parked in his driveway. The automobile to more closely examine the State's was thorough ly searched and vac• contention in light of previous decisions uumed 2 days later. Evidence obtained involving the "plain view" doctrine. during the search was later admitted against Coolidge, who was found guilty ORIGIN OF THE and sentenced to life in prison. Both the PLAIN VIEW DOCTRINE judgment and sentence were affirmed The U.S. Supreme Court officially by the Supreme Court of New recognized the concept of "plain view" Hampshire.'2 The U.S. Supreme Court in the 1968 case of Harris v. United then granted certiorari to "consider the States.s In Harris, a police officer, while constitutional questions raised by the Special Agent Kingston in the process of securing an im• admission of [certain] evidence against pounded automobile, discovered evi• Coolidge at his trial. "13 dence of a robbery. The evidence, a ve• The first question considered by hicle reg istration card that was found the Court in Coolidge was the validity of lying face down on the door jamb, was the warrant that authorized the search later introduced against Harris, the of Coolidge's car. The warrant in ques• owner of the impounded automobile, tion was signed by the State attorney and he was convicted on robbery general acting as a justice of the charges. The conviction was first re• peace.14 The attorney general, versed, then affirmed by the court of ap• however, was also actively in charge of peals. 9 Finally, when the U.S. Supreme the murder investigation and later as• Court had an opportunity to address the sumed the role of chief prosecutor at issue of whether the registration card trial. Because the Court found that the had been obtained by means of an un• attorney general was so closely aligned lawful search ,'° the Court, in a very with law enforcement in this case that short per curiam decision , simply an• he could not be considered a neutral nounced that "objects falling in the plain and detached magistrate as required by view of an officer who has a right to be the Constitution,'5 the warrant was de• in the position to have that view are clared invalid. With the warrant nullified, subject to seizure and may be intro• the search of Coolidge's automobile duced in evidence ."11 Because the stood "on no firmer ground than if there Court found that the officer had a right had been no warrant at all. "16 If, there• to be in a position to view the vehicle fore, the search was to be justified, it registration card, the card was deemed had to be justified on one of the excep• to have been lawfully seized and admit• tions to the warrant requirement. 17 ted into evidence. Consequently, the In an effort to preserve the evi• conviction was affirmed, and the plain dence seized from the automobile, the view doctrine was formally adopted. State advanced a number of theories A few years later, in the case of which wou ld bring the search of the au• Coolidge v. New Hampshire, the Su• tomobile within one of the exceptions to preme Court had another opportunity to the warrant requirement. 1S One of the clarify the concept of plain view. In theories proposed by the State sug• Coolidge, police officers investigating gested that the vehicle could have been the murder of a 14-year-old girl ob• seized under the plain view doctrine tained warrants to arrest Coolidge and and searched later as part of a search his car. Acting on those war• custodial inventory. Ignoring the inven• rants, officers arrested Coolidge in his tory portion of the State's argument, a home and seized the automobile

18 I FB I Law Enforcement Bulletin ______H ••• if probable cause to believe that an item is evidence of a crime cannot be established without making some further intrusion, no matter how slight, then the search and seizure of that item cannot be justified under the plain view doctrine."

pluralitylg of the Court in Coolidge was merely a plurality opinion which es• minutes later, defendant and two others focused on the plain view exception to tablished no binding precedent, the exited the room and were arrested. One the warrant requirement and concluded lower courts have generally adhered to agent then entered the hotel room to in• that it was inapplicable to that case. In the plurality's interpretation of the plain sure that no one else remained inside. reaching this conclusion , the Court view doctrine and applied the inherent Once in the room , the agent noticed made the following statement regarding limitations to subsequent cases. 21 The marijuana residue in the bathtub and the plain view doctrine: remainder of this article will examine marijuana cigarette butts in the ash• "What the 'plain view' cases have in the concept of plain view, analyze its trays. While this evidence was being common is that the police officer in limitations, and discuss what effect collected, a second agent entered the each of them had a prior justification these limitations had on the outcome of hotel room to assist in securing the for an intrusion in the course of Arizona v. Hicks. premises. In the bathroom, the which he came inadvertently across second agent noted that a soundproof• a piece of evidence incriminating the LIMITATIONS TO THE ing panel in the ceiling was ajar. Climb• accused. The doctrine serves to PLAIN VIEW DOCTRINE ing onto the toilet and looking into the supplement the prior justification• Officers In a Lawful Position space above the drop-ceiling, the agent whether it be a warrant for another found and seized three guns, two pack• To See object, hot pursuit, search incident ages of marijuana, and one package of Before the seizure of an item of ev• to lawful arrest, or some other legiti• cocaine.23 Defendant was subse• idence can be fully scrutinized in terms mate reason for being present un• quently charged with possession of the of the limitations of the plain view doc• connected with a search directed at firearms and possession of the con• trine to determine whether it is admis• the accused-and permits the war• trolled substance with intent to deliver. sible against a criminal defendant, the rantless seizure. Of course the ex• Prior to trial, defendant moved to item must first be found to have been in tension of the original justification is suppress all the evidence seized from plain view at the time it was seized. In legitimate only where it is imme• the hotel room. This motion, along with other words, before the plain view doc• diately apparent to the police that a second identical motion made during trine can apply, a court must find that they have evidence before them; the trial , was denied and defendant was the particular object in question was 'plain view' doctrine may not be convicted. On appeal, the government plainly visible at the time it was seized used to extend a general exploratory offered a two-step justification for the by a law enforcement officer and that search from one object to another hotel room seizures. First, they argued no unauthorized intrusion was neces• until something incriminating at last that the initial entry and brief search of sary to bring the object into view. emerges. "20 the room were made necessary by the This initial requirement for applica• exigent circumstances surrounding the This synopsis of the plain view tion of the plain view doctrine was illus• doctrine recognizes three limitations in• arrest. Second , the government as• trated in the case of United States v. serted that all items of evidence confis• herent in the concept: (1) The law en• Irizarry. 22 In Irizarry, Federal agents forcement officer must be in a lawful cated, including those items discovered and local law enforcement officers, above the ceiling , were in plain view position when he (2) inadvertently armed with a valid arrest warrant, comes across an item, (3) the evidenti• and could lawfully be seized by agents knocked and announced their presence legitimately on the premises. ary value of wh ich is immediately ap• prior to making a demand to enter the parent. Applying these limitations to the Conceding the government's first defendant's hotel room in Isla Verde, argument, the court of appeals in Iri• facts in Coolidge, the plurality found Puerto Rico. Before entering, one of the that the plain view doctrine did not ap• zarry readily recognized that the emer• agents peered through the hotel room gency situation created by the lawful ar• ply because the discovery of the auto• window and observed the defendant re• mobile in Coolidge's driveway was ex• rest of the hotel room occupants moving a gun from a handbag resting justified the subsequent entry of that pected, not inadvertent. The seizure of on a dresser. The agents and officers the automobile was, therefore, uncon• room to search for others who might be quickly took cover and made repeated present. Likewise, the court accepted a stitutional, as was the subsequent demands for defendant and others in search. portion of the government's second ar• the room to come out. Approximately 5 Although the decision in Coolidge gument-that the marijuana residue in the bathtub and the cigarette butts in

------______December 1987 I 19 H ••• [p]lain view alone is never enough-the doctrine requires a catalyst to place an officer in a lawful position to seize the evidence. " the ashtrays were items of evidence forcement officer had a right to be in the objects may, during the course of that found in plain view by agents lawfully in position he occupied when he seized search, come across some other items the hotel room . However, the court was the evidence. Simply because an of• of an incriminating nature, and thus, be not willing to extend its acceptance to ficer is in a lawful position to see an in a lawful position to seize those the items found above the ceiling item does not necessarily mean he is in items. 29 Similarly, the initial intrusion soundproofing panel. Although noting a lawful position to seize that item. If, for which brings the law enforcement of• that a law enforcement officer may example, an officer standing on a public ficer into contact with plain view evi • " crane his neck, or bend over, or sidewalk, where he undoubtedly has.li dence may be lawful, not because a squat"24 to observe items of interest right to be, can look through the window warrant exists, but because one of the without rendering the plain view doc• of a private residence and see some• exceptions to the warrant requirement trine inapplicable, the court held that thing he has reason to believe is evi• applies , such as consent ,3D hot pur• the doctrine was not intended to "permit dence of a crime, the plain view doc• suit,31 or a search incident to arrest. 32 an officer to indulge in a frolic of his trine would not justify the warrantless Regardless of the reason legitimizing own ."25 More simply, the plain view entry on to those premises to seize that an officer's presence in an area, one doctrine, by itself, cannot authorize any item .27 Although the officer was in a thing is clear: Plain view alone is never further intrusion into premises.26 lawful position to see the evidence, he enough-the doctrine requires a cata• To be in plain view, an item must was not in a lawful position to seize it. lyst to place an officer in a lawful posi• be plainly visible to a law enforcement The difference between being in a tion to seize the evidence. officer standing in a position where he lawful position to see and seize evi• had a lawful right to be . Clearly, the dence is often explained by distinguish• Inadvertent Discovery agents who arrested Irizarry had a right ing " plain view" from " open view. " After concluding that a law en• to be in his hotel room, and they could Judge Charles Moylan of the Maryland forcement officer was in a lawful posi• lawfully seize items of evidence plainly Special Court of Appeals aptly dis• tion to both see and seize an item of ev• visible to them. Unfortunately, the items tinguished these two concepts as fol• idence, a court must next decide of evidence found above the ceiling lows: whether the discovery of that particular panel were not plainly visible to the "Seeing something in open view item of evidence was inadvertenP3 The agents standing in the room . Discovery does not, of course, dispose, ipso inadvertency requirement, although of those items required the additional facto, of the problem of crossing discussed at length in Coolidge, has intrusion of climbing on the toilet, lifting constitutionally protected thresholds. never been defined by the Supreme the panel, and peering into the space Those who thoughtlessly overapply Court, and consequently, has caused above the ceiling . Because an addi• the plain view doctrine to every sit• considerable confusion in the lower tional intrusion, for which the agents uation where there is a visual open courts. Some courts interpret the in• had no legal basis, was required, sei• view have not yet learned the simple advertent limitation as requiring the dis• zure of these items could not be justi• lesson long since mastered by old covery of plain view evidence to be to• fied under the plain view doctrine. Con• hands at the burlesque houses, 'You tally unexpected.34 An ever-increasing sequently, the court of appeals in can't touch everything you see.' majority of courts ,35 however, considers Irizarry suppressed these items of evi• "Light waves cross thresholds with a the inadvertency requirement satisfied dence and reversed defendant's con• constitutional impunity not permitted if, prior to conducting a search, law en• viction . arms and legs. Wherever the eye forcement officers had less than proba• may go, the body of a policeman ble cause to believe that the plain view To Seize 36 may not necessarily follow ."2B evidence would be found . Both inter• Once a reviewing court has deter• pretations of the inadvertency require• The Court in Coolidge recognized mined that a particular item of evidence ment are involved in the case of United that a variety of reasons could justify an was plainly visible to a law enforcement States v. HareY officer being in a lawful position to seize officer prior to its seizure , that court evidence in plain view. For instance, In Hare, defendant was arrested by must next ascertain whether the law en• the Court pointed out that an officer ex• local police officers and was found to be ecuting a search warrant for specific

20 I FBI Law Enforcement Bulletin ______in possession of an illegal firearm. The this expectation supplied at least Although the interpretation advanced weapon and information regarding some impetus for the search . Fur• by the court of appeals in Hare appears Hare was turned over to agents of the thermore, the Court finds that the to be more logical, no definitive state• Federal Bureau of Alcohol , Tobacco warrant was executed with the inten• ment can be made regarding the valid• and Firearms (ATF) who began an in• tion of seizing any drugs found in ity of either interpretation without a pro• tensive investigation which led them to plain view and thus was used, at nouncement from the Supreme Court. believe that Hare was a key figure in an least in part, as a pretext or subter• Until then , law enforcement officers can illegal firearms operation. During the fuge to search for evidence of drug avoid the potential risks of suppression course of their investigation , ATF violation. "38 by obtaining search warrants whenever agents also discovered that Hare was The court of appeals reviewing the possible and by describing in the war• suspected by agents of the Drug En• decision in Hare, however, subscribed rants all items for which probable cause forcement Administration (DEA) of to a different interpretation of the can be established. being involved in the illegal distribution Coolidge inadvertency requirement. of cocaine. Consequently, when ATF According to the court of appeals, the Immediately Apparent agents obtained a warrant to search requirement that the discovery of evi• The final limitation placed on the Hare's premises, DEA agents were re• dence be inadvertent was intended only plain view doctrine by the Supreme quested to participate in the search to to condemn reliance on the plain view Court in Coolidge is the requirement identify any controlled substances that doctrine for seizures that could have that the incriminating nature of seized may be found at the scene. The subse• been authorized by warrant.39 Because items be "immediately apparent" to law quent search resulted in the seizure of the mere expectation that evidence will enforcement officers. Like the inadver• numerous weapons and large quan• be found during a search could not sup• tent requirement, the concept of "imme• tities of cocaine. port the issuance of a warrant, the pur• diately apparent" was never defined in During the preliminary stages of pose of the inadvertency requirement Coolidge and caused considerable his narcotics prosecution, Hare moved would not be contravened by allowing consternation in the lower courtS .42 In to suppress the cocaine on the grounds the plain view seizure of such evidence. fact, the Supreme Court itself later ob• that it had been illegally seized. The If, on the other hand, prior to the search served that "the use of the phrase 'im• government, recognizing that a warrant probable cause exists to believe that mediately apparent' was very likely an to search for illegally possessed certain evidence will be found , a war• unhappy choice of words , since it can weapons could not support the seizure rant could be issued, and the purpose be taken to imply that an unduly high of controlled substances, argued that of the inadvertency requirement would degree of certainty as to the incrimina• the cocaine was discovered in plain be satisfied by prohibiting the plain view tory value of evidence is necessary for view while the agents were lawfully on seizure of that evidence. 4o Applying this an application of the 'plain view' doc• Hare's premises pursuant to the search interpretation of the inadvertency re • trine . "43 Fortunately, the confusion warrant. Resolving the dispute, the dis• quirement to the facts in Hare, the court caused by the phrase "immediately ap• trict court analyzed the seizure of the of appeals concluded that prior to com• parent" was , for the most part,44 re• cocaine in light of the limitations an • mencing the search , the agents solved by the Court in the 1983 case of 45 nounced in Coolidge and found it to be did not have probable cause to search Texas v. Brown. illegal. The discovery of the cocaine, for drugs, no warrant could have been In Brown, defendant's automobile claimed the district court , was ex• issued to authorize such a search , and was stopped by a local police officer pected, and therefore, not inadvertent. consequently, the discovery of the co • manning a routine driver's license Proof of the agents' expectations was caine was inadvertent. The decision of checkpoint. When asked to produce his found in the presence of DEA agents the district court was, therefore, re• driver's license, Brown withdrew his during the search. In granting defend• versed, and the evidence was declared hand from his pocket and dropped an ant's motion to suppress, the district admissible. opaque, green party balloon, knotted court stated : Both interpretations of the inadver• about one-half inch from the top, onto "The Agents in this case expected tency requirement have won accept• the seat beside him . While looking for to find drugs at the residence, and ance in various courts over the years .41

------______December 1987 I 21 H ••• law enforcement officers can avoid the potential risks of suppression by obtaining search warrants whenever possible and by describing in the warrants all items for which probable cause can be established." his license, Brown rummaged through what he saw was either evidence or trine. On this particular point, despite the contents of the glove compartment, contraband. Citing the language in pre• vehement dissents by three members which included an open bag of party vious decisions, the Court stated that of the Court,50 the majority concluded balloons and several plastic vials of a "the seizure of property in plain view in• that the plain view doctrine could not white powder. All of Brown 's actions volves no invasion of privacy and is justify the recording of the serial num• were observed by the police officer presumptively reasonable, assuming bers . While accepting that the officers standing next to the automobile.46 Un • that there is probable cause to associ• were lawfully present in Hicks' apart• able to produce his license, Brown was ate the property with criminal ac• ment based upon the emergency cre• asked to step out of the car. When tivity. "49 Requiring probable cause for ated by the shooting, the Court found Brown complied, the attending police the seizure, reasoned the Court, was that the concealed serial numbers on officer reached inside the vehicle and consistent with fourth amendment prin• the stereo components were not plainly seized the green balloon which ap• ciples and constituted a workable visible to those officers because they peared to contain a powdery sub• standard for law enforcement officers. had to move the components to gain 51 stance. Believing the substance to be a Applying the now clearer concept access to those numbers. Inasmuch narcotic, the officer placed Brown under of " immediately apparent" to the facts as an additional intrusion was required arrest and conducted a search of the in Brown, the Court found that it was to reveal the serial numbers, the search entire vehicle. Later, it was determined obvious, based on the arresting of• for the serial numbers could not be jus• that the balloon contained heroin. ficer's observations and expertise, that tified under the plain view doctrine. Brown moved to suppress the con• probable cause existed to believe that In the second phase of its analysis, tents of the balloon on the grounds that the party balloon contained a controlled the Court contemplated whether the the initial seizure was unlawful. Specifi• substance. Accordingly, seizure of the plain view doctrine would have sus• cally, Brown argued that contrary to the balloon was deemed lawful under the tained the seizure of the stereo equip• government's assertions, the balloon plain view doctrine, and the decision of ment itself. For, according to the Court, could not have been seized pursuant to the court of appeals was reversed. "it would be absurd to say that an object the plain view doctrine because the evi• could lawfully be seized and taken from dentiary value of the balloon was not the premises, but could not be moved "immediately apparent" at the time of APPLICATION OF THE PLAIN VIEW for closer examination. "52 Clearly, the the seizure. Not swayed by Brown's DOCTRINE IN ARIZONA v. HICKS stereo equipment was plainly visible to argument, the trial court denied the mo• In Hicks , the Supreme Court was the officers lawfully on Hicks' premises. tion to suppress, and Brown was sub• tasked with determining whether the Additionally, there was no question that sequently convicted on charges of pos• stolen stereo components were prop• those same officers were in a lawful sessing the heroin . The State court of erly seized from Hicks' apartment. As position to seize the equipment which appeals, however, was more receptive previously noted, the stereo equipment they inadvertently discovered. The final to Brown's contentions and ultimately was seized pursuant to a search war• issue was, therefore, whether the evi• reversed the conviction on the grounds rant. However, if the serial numbers dentiary value of the stereo compo• that the "immediately apparent" limita• that formed the basis of the probable nents was "immediately apparent" to tion of the plain view doctrine required cause used to support the issuance of those officers. In other words , prior to the police officer to " know that in• the warrant were obtained unlawfully, the search which revealed the serial criminatory evidence was before him then the warrant would be rendered in• numbers, did the officers have probable when he seized the balloon . " 47 The valid. To resolve this issue, the Su• cause to believe the equipment was U.S. Supreme Court granted certiorari48 preme Court focused its attention on stolen. Unfortunately, in response to to resolve the conflict over the meaning the initial search which had revealed this question, the State had previously of the phrase "immediately apparent." those serial numbers. The Court's anal• conceded that the officers merely had a A majority of the Supreme Court in ysis was divided into two phases. reasonable suspicion that the items Brown had no trouble deciding that the In the first phase of its analysis, the were stolen. 53 Consequently, the Su• " immediately apparent" requirement Supreme Court considered whether preme Court had no alternative but to would be satisfied if a law enforcement those serial numbers were obtained in find that the "immediately apparent" re• officer had probable cause to believe accordance with the plain view doc• quirement of the plain view doctrine

22 I FBI Law Enforcement Bulletin ______was not satisfied. Because neither the lieve those weapons are evidence of a 23The agent used a flashlight when searching the 58 space above the ceiling. However, the use of the flashlight serial numbers nor the stereo equip- crime. Similarly, notebooks cou ld not had no bearing on the outcome of the case. For plain view ment itself could be seized pursuant to be opened or video tapes played59 to cases Involving the use of flashlights, see United States v. Wnght, 449 F.2d 1355 (D.C. Crr. 1971); United States v. the plain view doctrine, the search was reveal their contents withou t the req ui- Lara, 517 F.2d 209 (5th Cir. 1975); United States v. LewIs, 504 F.2d 92 (6th Crr. 1974); United States v. Johnson, declared unlawful and the evidence site probable cause. In short, if proba- 506 F.2d 674 (8th Cir. 1974); and United States v. Hood, was suppressed. ble cause to bel ieve that an item is evi- 493 F.2d 677 (9th Cir. 1974). 24lrizarry, supra note 22, at 560. dence of a crime cannot be established 25/d. CONCLUSION without making some further intrusion, 26ln Irizarry, the court noted that if the plain view doc- trine could be cited as justification for further entry Into The importance of the decision in no matter how slight, then the search premises, a "police officer who entered a student's room Hicks is found , not so much in what the and seizure of that item cannot be justi- to break up a brawl would be allowed to clamber up the bookcase to see what sort of illicit matter might be hiding Court did, as in what it did not do, Spe- fied under the plain view doctrine, behind Madame Bovary." Id. 27 For an excellent discussion on this Issue, see Ensor cifically, the Supreme Court refused to v. State, 403 So.2d 349 (Fla. 1981). make a distinction between cursory in- 26Moylan, "The Plain View Doctrine: Unexpected Child of the Great 'Search InCident' Geography Battle," 26 spections involving minor intrusions Mercer L. Rev. 1047, 1096 (1975). Footnotes and " fu ll blown" searches. 54 Instead, 29 Coo/idge, supra note 12, at 582. 1107 S.Ct. 1149 (1987) [hereinafter cited as Hicks). :lOSee, e.g., United States v. Baldwin, 621 F.2d 251 the Court ruled that both actions requ ire 2The officers were admitted to Hicks' apartment by (6th Crr. 1980) and Lance v. State, 425 N.E. 2d 77 (Ind. probable cause to make them reason- the manager of the apartment complex. 1981). lOne turntable was seized immediately. The remain- 31 See, e.g., Warden v. Hayden, 387 U.S. 58 (1967). able under the fou rth amendment. Al - ing components were seized pursuant to a search warrant 32See, e.g., Chlmel v. California, 395 U.S. 752 (1969). issued on the basis 01 an affidaVit containing the serial 33The Inadvertency requirement has never been though numerous lower courts have number information. adopted by a majority of the U.S. Supreme Court. Justice made this distinction and allowed cur- 4State v. Hicks, 707 P.2d 331 (Ariz. App. 1985). White IS particularly opposed to this requirement and has 5This point was conceded by both parties to the ac- made his position quite clear. See, e.g., Hicks, supra note sory inspections of items in plain view tion. 1 (White, J" concurring); Texas v. Brown, 460 U.S. 730 for which law enforcement officers had 6The Arizona Court of Appeals relied on a statement (1983) (White, J., concurring); Coolidge, supra note 12 in Mincey v. Arizona, 437 U.S. 385 (1978), that a "war- (White, J., dissenting). only a reasonable suspicion that the rantless search must be 'strictly circumscribed by the ex- 34See, e.g" State v. Caponi, 466 N.E.2d 551 (Ohio items were evidence or contraband ,55 a igencies which justify its initiation.'" Id. at 393 (Citation 1984); Gonzales v. State, 507 P.2d 1277 (Okla. Crlm. omitted). See, supra note 4, at 332. 1973); State v. Cadette, 221 N.W.2d 25 (S.D. 1974). majority of the Supreme Court56 held 7106 S.C!. 1512 (1986). 35See, e,g. , Unrted States v, Hare, 589 F.2d 1291 (6th 8390 U.S. 234 (1968) [hereinafter cited as Harris). Crr. 1979); United States v. Bolts, 558 F.2d 316 (5th Cir. that such a distinction contravenes the 9The U.S. Court of Appeals for the District of Colum- 1977); United States v. Montiell, 526 F.2d 1008 (2d Cir. probable cause requ irement of the bia Circuit reversed the conviction of Harris on the grounds 1975), that the registration card had been seized as a result of an 36Justlfylng Its position on this Issue, the court of ap- fourth amendment. With respect to the unlawful search. However, the government's petition for an peals in United States v. Hare, 589 F.2d 1291 (6th Cir. en banc review was granted, and the conviction was af- 1979) made the following statement: facts in Hicks, the Court stated that "it firmed, See Harris v. Unlled States, 370 F.2d 477 (D,C, matters not that the search uncovered Cir. 1966). "We conclude, then, that 'Inadvertence' in this context 10The Supreme Court granted certiorari at 386 U. S. means that the police must be without probable cause nothing of any great value to [Hicks)- 1003 (1967). to believe evidence would be discovered until they ac- tually observe it in the co urse of an othelWlse­justifled serial numbers rather than (what might, 11 Harris, supra note 8, at 236. 12403 U.S. 443 (1971) [hereinafter cited as Coolidge), search. There are many times when a police officer conceivably have been hidden behind 13See State v. Coolidge, 260 A.2d 547 (N.H. 1969). may 'expect' to find evidence in a particular place, and 14Coo/idga, supra note 12, at 448. that expectation may range from a weak hunch to a or under the equipment) letters or pho- 15The Supreme Court found that the policy underlying strong suspicion. However, the Fourth Amendment prohibits either a warrant to Issue or a search based tographs, A search is a search, even if it the fourth amendment to the Constitution requrres that all warrants be issued by neutral and detached magistrates. on such expectation. Yet, if ... that hunch or suspicion happens to disclose nothing but the Coolidge, supra note 12, at 449. Is confirmed by actual observation, the police are In IBid. at 453. precisely the same pOSition as if they were taken bottom of a turntable."57 wholly by surprise by the discovery. The same exigent 17Any search conducted without a warrant is per se crrcumstances exist, and no warrant could have been The Supreme Cou rt's refusal to invalid unless it can be fit into one of the narrowly defined obtained before the discovery." Id. at 1294. exceptions to the warrant requrrement. Katz v. United permit cursory inspections of items in 37589 F .2d 1291 (6th Crr. 1979) [hereinafter Cited as States, 389 U.S. 347 (1967), plain view absent probable cause to be- 18tn addition to "plain view," the State also argued un- Hare). 36ld. at 1293. successfully that the search was justified either as a 3a ld. at 1294. lieve that those item have evidentiary search Incident to arrest or under the motor vehicle excep- 'Old. tion to the warrant requirement. value may have a wide­ranging effect 41 See supra notes 34 and 35. 190nly four justices agreed on the portion of the deci- 42See Ronnie Altman Cintron, "The Plain View Excep- on law enforcement investigations. For sion that pertained to plain view. tion to the Fourth Amendment," Search and Seizure Law 2OCoolidge, supra note 12, at 466. instance, the Hicks decision makes it Report, vol. 10, No.10, November 1983, p. 178. See also, 211n Texas v. Brown, 460 U.S. 730 (1983), the Su- United States v. Thomas, 676 F.2d 239 (7th Clr. 1980); clear that under the plain view doctrine, preme Court noted that although the Coolidge decision United States v. Schlre, 586 F.2d 15 (7th Cir. 1978). was not binding precedent, it should obviously be the point 43Texas v. Brown, 460 U.S. 730, 741 (1983). weapons found during a search could of reference for further discussion on the issue. Id. at 737. 441n Brown, the Court did not answer whether "in not be moved to reveal seri al nllmbers 22673 F.2d 554 (1 st Cir. 1982) [hereinafter cited as If/zarry). unless there is probable cause to be-

----______December1987 / 23 Book Review

Personal Identification From Human ifest greater accuracy in timing where Remains, death happens to occur in less than 2 some circumstances, a degree of suspicion lower than by Spencer L. Rogers, weeks , even down to time periods probable cause would be sufficient basIs for a seizure in certain cases." Id. at 742, n. 7. This question was not Charles C. Thomas­Publisher measured in hours. We are not refer• completely resolved In the negative until the Court's decl· 1987. $23.50, 70 pages. ring here to a newly found body, but Sian In Hicks, supra note 1. 45460 U.S. 730 (1983) {hereinafter cited as Brown]. one that is, for instance, a week or so 46The police officer in Brown used a flashlight to see On a scale of 1 to 10, Personal old. The lack of this particular element into the automobile. However, the use of the flashlight had no Impact on the outcome of the case. See supra note 23. Identification From Human Remains is not so much a failure of the book, but 4' Brown v. State, 617 S.W.2d 196, 200 (Tex. Cnm. a failure of current forensic fact in terms App. 1982). has to score top marks. The book is a '8457 U.S. 1116 (1982). good companion analysis of forensic of needed research, '9Brown, supra note 45, at 741 , 742 (emphasis In anginal) {quoting Payton v. New York, 445 U.S. 573 medicine and is short enough , full The chapter dealing with the trans• (1980)]. enough, and nontechnical enough to be formation of death and visual recogni• SOChief Justice Rehnqulst along with Justices Powell and O'Connor dissented on the grounds that recording of understood by those officers with no tion is exceptionally good and well writ• the serial numbers could be Justified on less than probable previous forensic background. This ten . For instance, an example of the cause. The dissenters expressed the belief that the cur· sory Inspection of an Item found In plain view IS reason• does not mean the work is superficial ; author's style in this chapter reads : " In able If there IS reasonable susp,c,on that the Item IS on the contrary, it is precise and accu• summary, the decomposition of the eVidence of a cnme. Hicks, supra note 1, at 1157 (O'Con· nor, J" dlssenling). rate and covers all spectrums of foren• body depends on four primary factors: 5'The Court In Hicks made the follOWing observation: Merely Inspecling those parts of the turntable that sic investigation, Professor Rogers has warmth, air, moisture and bacteria. The came Into view dunng the lauer search would not have somehow managed to condense a presence or absence of any or a com• constituted an Independent search, because it would have produced no additional invasion of respondent's great deal of knowledge on the subject bination of these has a profound effect pnvacy Interest. But taking action, unrelated to the ob· into some 70 pages of easy-to-read text on the preservation of a body." lectlves of the authorized intrusion, which exposed to view concealed portions of the apartment or its can· and still retain excellence and thor• The text on fingerprinting the dead tents. did produce a new Invasion of respondent's pri· oughness in six chapters embracing is both definitive and easy to follow. vacy unjustified by the exigent circumstances that validated the entry." Hicks, supra note 1, at 1152 (clta· (1) The Transformations of Death and Dental identification , reconstruction tlons omitted). Visual Recognition, (2) Fingerprinting from the skeletal remains, recunstruct• 52H,cks, supra note 1, at 1153. 53Justlce Powell termed the State's actions In conced· the Dead , (3) Identification Through ing the face, and the subjects of pathol• Ing thiS point as unwise." Id. at 1156 (Powell, J., dissent· Dentition, (4) Reconstruction From the ogy, trauma, and surgery are normally Ing). 54The court held that the "distinction between 'looking' Skeleton, (5) Reconstructing the Face deemed to be quite complicated fields at a suspicious object In plain view and 'moving' It even a and (6) Pathology, Trauma and Sur• of study. Nevertheless, this book will few Inches IS much more than tnvial for purposes of the Fourth Amendment." Id. at 1152. gery. meet most of the requirements of of• 55See, e.g., Untted States v. Marbury, 732 F.2d 390 (5th Cir. 1984); United States v. Hillyard, 677 F.2d 1336 The dental section is extremely ficers in county sheriff and police de• (9th Cir. 1982); United States v. Wright, 667 F.2d 793 (9th well done-very detailed, nicely di• partments who have to deal with identi• Cir. 1982); United States v. Crouch, 648 F.2d 932 (4th Cir. 1981); United States v. Roberts, 619 F.2d 379 (5th agrammatic, and with many useful ta• fication from human remains, C'f. 1980); Untted States v. Damitz, 495 F.2d 50 (9th Cir. bles. The early part of the book could Law enforcement officers wishing 1974). 56Chlef JUStice RehnqUist along with Justices Powell possibly use a bit more in the way of ta• to specialize in the forensic aspects of and O'Connor dissented on this issue. The dissenling Jus· investigatory procedures will find a t,ces would support making a distinction between the cur· bles, not necessarily diagrams, but ta• sory Inspection of an item and a "full blown" search of that bles which relate to timing . The os• wealth of further reading listed in the item. See supra note SO . 57 Hlcks, supra note 1, at 1152, 53. teological section (relating to bones) is book's comprehensive bibliography, saSee, e.g., United States v. Gray, 484 F. 2d 352 (6th good without being too technical or in • and unlike far too many texts of this na• CIr. 1973). 59See, e.g., Stanley v. Georgia, 394 U.S. 557 (1969). volved and hence is easily understood, ture , there is also a full glossary of One gets the impression that the terms used, entire book is probably as up-to-date as The average young officer (and possible, but there is an inkling that the older officers too) would glean enough general field requires much more re• useful information from this book to search as far as the timing of death is make its acquisition more than worth concerned. Perhaps more details about while. the various psychological processes of Dr, Alastair Segerdal death require more forensic research? Dr. Eugene Miller Such knowledge would certainly man• Dr, Norman Singer

24 I FBI Law Enforcement Bulletin ------• 1987 Index

ARSON FORENSIC SCIENCE " Motive­Based Offender Profiles of Ar• "Collecting and Handling Evidence In• son and Fire-Related Crimes," David fected with Human Disease-Causing FBI Law Enforcement Bulletin J. Icove and M.H. (Jim) Estepp, April Organisms," Paul D. Bigbee, July 1987, p. 17. 1987, p.1 . " Making Effective Forensic Audio Tape COOPERATION Recordings," Bruce E. Koenig, May I " Military Assistance and Surplus Gov• 1987, p. 10. ~ ernment Property to Law Enforce• "The 'Bobby Joe' Long Serial Murder ment Agencies," C. Fredric Case: A Study in Cooperation," Anderson, July 1987, p. 15. Capt. Gary Terry and Michael P. Malone, (Part 1) November 1987, CRIME PROBLEMS p. 12; (Conclusion) December 1987, " Boating and Alcohol: A Crucial Law p. 7. Enforcement Issue," Capt. Franklin IDENTIFICATION I. Wood, August 1987, p. 11. . "On-Line Exchange of Fingerprint "Telecommunications Fraud Devices," Identification Data," Dennis G. George N. Aylesworth and Det. Mar• Kurre, December 1987, p. 14. ianne Swan, September 1987, p. 1. " Children As Burn Victims," DIU. Jack INVESTIGATIVE TECHNIQUES clusion) September 1987, p. 25. R. Shepherd, July 1987, p. 9. " Benevolent Interrogation," Stephen D. " Look But Don't Touch: The Plain View Gladis and John E. Hess, Jr., July Doctrine," Kimberly A. Kingston, De• CRIME STATISTICS 1987, p. 20. cember 1987, p. 17. "Crime in the United States-1986," " Police Interviews of Sexually Abused September 1987, p. 5. Children," Sgt. Michael A. Hertica, " Minimization Requirements in April 1987, p. 12. Electronic Surveillance," Robert A. EQUIPMENT Fiatal, (Part 1) May 1987, p. 25; " SONAR: Underwater Search and Re• LAW ENFORCEMENT ROLE (Conclusion) June 1987, p. 21 . covery," Sgt. John W. Will, May " Integrity: The Cornerstone of Our Tax " Urinalysis Drug Testing Programs for 1987, p. 1. System," C. Arnold Decker, August Law Enforcement," Jeffrey Higgin• 1987, p. 8. botham, (Conclusion) January 1987, " Mandating Arrests for Domestic Vio• p. 16. ~~D lence," U . Harv Ferguson, April 1987, p. 6. "Waiver of Rights in Custodial Inter• Law.Enforcement Bulletin rogations," Jeffrey Higginbotham, LEGAL DIGEST November 1987, p. 22. " Emergency Searches of Premises," John Gales Sauls, (Part 1) March, MANAGEMENT 1987, p. 23; (Conclusion) April 1987, "Transformational Police Leadership," p.24. Donald C. Witham, December 1987, " Fourth Amendment Rights of Law En• p. 2. forcement Employees Against Searches of Their Workspace," Daniel L. Schofield, July 1987, p. 24. NARCOTICS "Intrusive Body Searches: A Question "Sports Drug Awareness Program," of Reasonableness," Kimberly A. Rose Anne Fedorko, January 1987, Kingston, February 1987, p. 22. p. 1. "The Inventory Search," John C. Hall, (Part 1) August 1987, p. 26; (Con•

______December 1987 / 25 OPERATIONS Ross Lundstrom, January 1987, TECHNOLOGY " Impact Fees: A Fiscal Response," Lt. p.6. "Polygraph Policy Model for Law En• Bruce A. Mills, September 1987, forcement," Ronald M. Furgerson, POLICE HISTORY p. 14. June 1987, p. 6. " ROPE: Repeat Offender Program Ex• "A Tradition of Excellence: The South• "Teleconferencing System History," periment," Cornelius J. Behan, ern Police Institute," B. Edward Mitchell C. Kelsey, November 1987, March 1987, p. 1. Campbell and Norman E. Pomrenke, p. 9. " Use of a Video Camera for DUI Inves• February 1987, p. 11 . 'Televised Courtroom Proceedings as tigations," Sgt. Lloyd Kilpack, May " FBI Director Webster's Impact on Law an Alternative to Prisoner Trans• 1987, p. 6. Enforcement," Thomas J. Deakin, ports," 1st Sgt. Drew Rotermund, August1987, p. 1. May 1987, p. 19. ORGANIZED CRIME 'Testing Technology for Law Enforce• "The Sicilian Mafia and Its Impact on ment Agencies," Jolene Hernon and Lester Shubin, January 1987, p. 10. the United States," Sean M. Mc• M .~."" Weeney, February 1987, p. 1. FBI Law Enforcement Bulletin TERRORISM PERSONNEL "Domestic Terrorism in the 1980's," "The Employee Council," James W. John W. Harris, Jr. , October 1987, Skidmore, March 1987, p. 13. p.5. "The FBI and Terrorism," Steven L. PHYSICAL FITNESS Pomerantz, October 1987, p. 14. "Health/Fitness and Professional "FBI 's Expanding Role in International Education: An Innovative Course at Terrorism Investigations," D.F. Mar• the FBI Academy," Gerald M. Smith tell, October 1987, p. 28. and Francis R. Dunphy, August "A Hostage Psychological Survival 1987, p. 16. Guide," Thomas Strentz, November 1987, p. 1. POINT OF VIEW " Irish Terrorism Investigations," J.L. "An Idea Whose Time Has Come," Stone, Jr., October 1987, p. 18. " Narco-Terrorism," Daniel Boyce, Oc• Jan C. Scruggs, November 1987, REPEAT OFFENDERS p. 20. tober 1987, p. 24. " I Answered the Call of Duty," Edward "Terrorism Today," Oliver B. Revell , J. Tully, November 1987, p. 19. POLICE CONDUCT October 1987, p. 1. "Men and Women Who Wear the "The Use of Force: One Department's Badge ... That Others May Find Experience," Cynthia Mullan and Lt. TRAINING Their Way," Hon. Peter T. Fay, Feb• PRESS RELATIONS "Mandated Training for Private Se• curity," Joseph G. Deegan, March ruary 1987, p. 15. "An Automated News Media System," "You 're a Newly Appointed Chief of Sgt. Roger Dickson, February 1987, 1987, p. 6. "Joint Satellite Venture Yields Down• Police!" William D. Franks, July p. 18. To-Earth Benefits," Tony E. Triplett 1987, p. 6. "In and Out of a Question-and-Answer and Michael P. Kortan, June 1987, Period-SUCCESSFULLY," Harry POLICE COMMUNITY RELATIONS 1. A. Mount, March 1987, p. 17. p. "Establishing a Foreign Language "St. Louis Police Training: A Long and Bank," Matt L. Rodriguez and Sgt. RESEARCH Proud History and Today's Regional Concept," Larry Brockelsby and James Devereaux, March 1987, "An Introduction to the Serial Rapist: L. Col. Robert E. Scheetz, April 1987, p.9. Research by the FBI," Ann W. Bur• p. "Detroit's Proactive Approach to Law gess and Robert R. Hazelwood, 1. Enforcement," Insp. Nathaniel Topp, September 1987, p. 16. August 1987, p. 22.

26 I FBI Law Enforcement Bulletin ______1987 Author Index

A "Narco-Terrorism," October 1987, Anderson, C. Fredric, Special Agent, p. 24. Criminal Investigative Division, Brockelsby, Larry L. , Director, Greater Federal Bureau of Investigation, St. Louis Police Academy, St. Washington, DC, "Military Assist• Louis, MO, "St. Louis Police Train• ance and Surplus Government ing: A Long and Proud History and Property to Law Enforcement Today's Regional Concept," April Agencies," July 1987, p. 15. 1987, p.1 . Aylesworth, George N., Supervisor, Burgess, Ann W., van Amerigen Pro• Police Legal Unit, Metro-Dade Po• fessor of Psychiatric Mental lice Department, Miami, FL, "Tele• Health Nursing, University of communications Fraud Devices," Pennsylvania, Philadelphia, PA, September 1987, p. 1. "An Introduction to the Serial Rap• ist: Research by the FBI," Sep• B tember 1987, p. 16. Behan, Cornelius J., Chief of Police, Baltimore County, MD, " ROPE: C Repeat Offender Program Experi• Campbell, B. Edward, Faculty Mem• ment," March 1987, p. 1. ber, Southern Police Institute, Uni• Bigbee, Paul D., Special Agent, Serol• versityof Louisville, Louisville, KY, Sheriff's Department, Sacramento, ogy Unit, Laboratory Division, "A Tradition of Excellence: The CA, "An Automated News Media Federal Bureau of Investigation, Southern Police Institute," Febru• System," February 1987, p. 18. Washington, DC, "Collecting and ary 1987, p. 11 . Dunphy, Francis R., Special Agent, Handling Evidence Infected with Police Training Unit, FBI Acad• Human Disease-Causing Organ• o emy, Quantico, VA, "Health/Fit• isms," July 1987, p. 1. Deakin, Thomas J. , Editor, FBI Law ness and Professional Education: Boyce, Daniel, Intelligence Research Enforcement Bulletin, " FBI Direc• An Innovative Course at the FBI Specialist, Terrorist Research and tor Webster's Impact on Law En• Academy," August 1987, p. 16. Analytical Center, Federal Bureau forcement," August 1987, p. 1. of Investigation, Washington, DC, Decker, C. Arnold, Director, Internal E Security Division, Inspection Serv• Estepp, M.H. (Jim), Fire Chief, Prince ice, Internal Revenue Service, George's County Fire Department, Washington, DC "Integrity: The Upper Marlboro, MD, "Motive• Cornerstone of Our Tax System," Based Offender Profiles of Arson August 1987, p. 8. and Fire-Related Crimes," April Deegan, Joseph G., General Super• 1987, p. 17. visor, Loss Prevention, Baltimore Gas and Electric, Baltimore, MD, F "Mandated Training for Private Fay, Hon. Peter T. , 11th Judicial Cir• Security," March 1987, p. 6. cuit, U.S. Court of Appeals, Miami, Devereaux, Sgt. James, Administration FL, "Men and Women Who Wear Section, Bureau of Technical the Badge .. . That Others May Services, Police Department, Chi• Find Their Way," February 1987, cago, IL, "Establishing a Foreign p. 15. Language Bank," March 1987, p.9. Dickson, Sgt. Roger, Public Informa• tion Officer, Sacramento County

______December 1987 / 27 Fedorko, Rose Anne, Writer, Office of G Congressional and Public Affairs, Gladis, Stephen D., Special Agent, Of• Federal Bureau of Investigation, fice of Congressional and Public Washington, DC , "Sports Drug Affairs, Federal Bu,reau of Inves• Awareness Program," January tigation, Washington, DC, "Benev• 1987, p.1 . olent Interrogation," July 1987, Ferguson, Lt. Harv, Seattle Police De• p. 20. partment, Seattle, WA, "Mandat• ing Arrests for Domestic H Violence," April 1987, p. 6. Hall, John C., Special Agent, Legal Fiatal , Robert A., Special Agent, Legal Counsel Division, FBI Academy, Counsel Division, FBI Academy, Federal Bureau of Investigation, Federal Bureau of Investigation , Quantico, VA, "The Inventory Quantico, VA, "Minimization Re• Search," (Part 1) August 1987, quirements in Electronic Sur• p. 26 ; (Conclusion) September veillance," (Part 1) May 1987, 1987, p. 25. p. 25; (Conclusion) June 1987, Harris, John W., Jr., Intelligence Re• p. 21 . search Specialist, Terrorist Re• Franks, William D., Chief of Policy, search and Analytical Center, Fargo, NO , "You 're a Newly Ap• Federal Bureau of Investigation, Higginbotham, Jeffrey, Special Agent, pointed Chief of Police!" July Washington, DC , "Domestic Ter• Legal Counsel Division, FBI Acad• 1987, p. 6. rorism in the 1980's," October emy, Quantico, VA, "Urinalysis Furgerson, Ronald M., Special Agent! 1987, p. 5. Drug Testing Programs for Law Asst. Sect. Chief, Document Sec• Hazelwood, Robert R., Special Agent, Enforcement," (Conclusion) Jal1u• tion, Laboratory Division, Federal Behavioral Science Instruction ary 1987, p. 16; "Waiver of Rights Bureau of Investigation, Wash• and Research Unit, FBI Academy, in Custodial Interrogations," ington, DC , " Polygraph Policy Quantico, VA, "An Introduction to November 1987, p. 22. Model for Law Enforcement," the Serial Rapist: Research by the June 1987, p. 6. FBI ," September 1987, p. 16. Hernon, Jolene, Senior Writer-Editor, Icove, David J. , Senior Systems Ana• Technology Assessment Program lyst, Behavioral Science Investiga• Information Center, Rockville, MD, tive Support Unit, National Center lJSlIDD ,...... , "Testing Technology for Law En• for the Analysis of Violent Crime, forcement Agencies," January FBI Academy, Quantico, VA, "Mo• Enforcement Bulletin 1987, p. 10. tive-Based Offender Profiles of Ar• Hertica, Sgt. Michael A. , Supervisor, son and Fire-Related Crimes," Juvenile Section, Police Depart• April 1987, p. 17. ment, Torrance, CA, " Police Inter• views of Sexually Abused K Children," April 1987, p. 12. Kelsey, Mitchell C., Training Coordina• Hess, John E. Jr., Special Agent, tor, Police Department, Glendale, Education/Communication Arts AZ, "Teleconferencing System Unit, FBI Academy, Quantico, VA, History," November 1987, p. 9. "Benevolent Interrogation," July Kilpack, Sgt. Lloyd, Police Department, 1987, p. 20. Bountiful, UT, " Use of a Video Camera fo r DUllnvestigations," May 1987, p. 6.

28 I FBI Law Enforcement Bulletin ______Kingston, Kimberly A., Special Agent, Department, St. Paul, MN, "The Legal Counsel Division, FBI Acad- Use of Force: One Department's emy, Quantico, VA, "Intrusive Experience," January 1987, p. 6. Body Searches: A Question of Reasonableness," February 1987, M p. 22; "Look But Don't Touch: The Malone, Michael P., Special Agent, Plain View Doctrine," December Hairs and Fiber Unit, Federal Bu- 1987, p. 17. reau of Investigation, Washington, Koenig, Bruce E., Special Agent, Engi- DC, "The 'Bobby Joe' Long Serial neering Section, Technical Serv- Murder Case: A Study in Coopera- ices Division, Federal Bureau of tion, " (Part 1) November 1987, Investigation, Lorton, VA, "Making p. 12; (Conclusion) December Effective Forensic Audio Tape Re- 1987, p. 7. cordings," May 1987, p. 10. Martell, D.F., Supervisory Special Kortan, Michael P. , Special Agent, Agent and Legal Adviser, Terror- Federal Bureau of Investigation, ism Section, Federal Bureau of In- Kansas City, MO, "Joint Satellite vestigation, Washington, DC, Venture Yields Down­To­Earth "FBI's Expanding Role in Interna- Benefits," June 1987, p. 1. tional Terrorism Investigations," Kurre, Dennis G., Special Agent, Auto- October 1987, p. 28. Pomrenke, Norman E. , Director, mation and Research Section, McWeeney, Sean M., Inspector in Southern Police Institute, Univer- Identification Division, Federal Bu- Charge, Office of Liaison and In- sity of Louisville, Louisville, KY, "A reau of Investigation, Washington, ternational Affairs, Federal Bureau Tradition of Excellence: The DC, "On­Line Exchange of Fin- of Investigation, Washington, DC, Southern Police Institute," Febru- gerprint Identification Data," De- "The Sicilian Mafia and Its Impact ary 1987, p. 11 . cember 1987, p. 14. on the United States," February 1987, p. 1. R L Mills, Lt. Bruce A., Police Department, Revell, Oliver B., Executive Assistant Lundstrom, Lt. Ross, Fraud, Forgery, Dunedin, FL, "Impact Fees: A Fis- Director for Investigations, Federal and Arson Commander, Police cal Response," September 1987, Bureau of Investigation, Wash- p. 14. ington, DC, "Terrorism Today," Mount, Harry, A. , Special Agent, October 1987, p. 1. Education and Communications Rodriguez, Matt L. , Deputy Superin- Unit, FBI Academy, Quantico, VA, tendent, Administration Section, " In and Out of a Question­And­An- Bureau of Technical Services, Po- swer Period­SUCCESSFULLY," lice Department, Chicago, IL, "Es- March 1987, p. 17. tablishing a Foreign Language Mullan, Cynthia, Systems Unit Analyst, Bank," March 1987, p. 9. Police Department, St. Paul, MN, Rotermund, 1 st Sgt. Drew, Alaska "The Use of Force: One Depart- State Troopers, Fairbanks, AK, ment's Experience," January "Televised Courtroom Proceed- 1987, p. 6. ings as an Alternative to Prisoner Transports," May 1987, p. 19. p Pomerantz, Steven L. , Chief, Terrorism S Section, Federal Bureau of Inves- Sauls, John Gales, Special Agent, Le- tigation, Washington, DC, "The gal Counsel Division, FBI Acad- FBI .and Terrorism," October emy, Quantico, VA, "Emergency 1987, p. 14. Searches of Premises (Part 1),"

______December 1987 I 29 March 1987, p. 23; (Conclusion) Law Enforcement Agencies," Jan• April 1987, p. 24. uary 1987, p. 10. Scheetz, Col. Robert E., Chief, St. Skidmore, James W., Chief of Police, Louis Metropolitan Police Depart• West Bend , WI , "The Employee ment, St. Louis, MO, "St. Louis Council," March 1987, p. 13. Police Training: A Long and Proud Smith, Gerald M., Physical Education History and Today's Regional Unit, FBI Academy, Quantico, VA, Concept," April 1987, p. 1. " Health/Fitness and Professional Schofield, Daniel L. , Special Agent, Le• Education: An Innovative Course gal Counsel Division, FBI Acad• at the FBI Academy," August emy, Federal Bureau of 1987, p. 16. Investigation, Quantico, VA, Stone, J.L. , Jr., Supervisory Intel• " Fourth Amendment Rights of Law ligence Research Specialist, Ter• Enforcement Employees Against rorist Research and Analytical Searches of Their Workspace," Center, Federal Bureau of Inves• July 1987, p. 24. tigation, Washington, DC, " Irish Scruggs, Jan C. , Project Director, Na• Terrorism Investigations," October tional Law Enforcement Officers 1987, p. 18. Fund, Washington, DC, "An Idea Strentz, Thomas, Special Agent, Be• Whose Time Has Come," Novem• havioral Science Instruction/Re • Tully, Edward J., Special Agent/Unit ber 1987, p. 20 . search Unit, FBI Academy, Chief, Education and Communica• Shepherd, D.lU. Jack R., Child Abuse Quantico, VA, "A Hostage Psy• tions Arts Unit, FBI Academy, Unit, Criminal Investigation Sec• chological Survival Guide," Quantico, VA, " I Answered the tion, Michigan State Police, East November 1987, p. 1. Call of Duty," November 1987, Lansing , MI, "Children As Burn Swan, Det. Marianne, Police Legal p. 19. Victims," July 1987, p. 9. Unit, Metro-Dade Police Depart• Shubin, Lester, Program Manager, ment, Miami, FL, "Telecom• W Technology Assessment Program, munications Fraud Devices," Will, Sgt. John W., Forensic Research National Institute of Justice , Rock• September 1987, p. 1. Coordinator, Division of Law En• ville, MD, "Testing Technology for forcement, Illinois Department of T Conversation, Springfield, IL, "SO• Terry, Capt. Gary, Hillsborough County NAR: Underwater Search and Re• Sheriff's Office, Tampa, FL. "The covery," May 1987, p. 1. Bobby Joe' Long Serial Murder Witham, Donald C., Management Sci• Case: A Study in Cooperation," ence Unit, FBI Academy, Quan• (Part 1) , November 1987, p. 12; tico, VA, "Transformational Police (Conclusion) December 1987, Leadership," December 1987, p. 7. p. 2. Topp, Insp. Nathaniel, Crime Preven• Wood , Capt. Franklin I. , Southern Re• tion Section, Police Department, gional Office, Maryland Natural Detroit, MI , "Detroit's Proactive Resources Police, Upper Mar• Approach to Law Enforcement," lboro, MD, "Boating and Alcohol: August 1987, p. 22. A Crucial Law Enforcement Is• Triplett, Tony E., Special Agent, Police sue," August 1987, p. 11 . Training Coordinator, Federal Bu• reau of Investigation, Kansas City, MO, "Joint Satellite Venture Yields Down-To-Earth Benefits," June 1987, p. 1.

30 / FBI Law Enforcement Bulletin ______WANTED BY THE lJ5l g3TI

Any person havtng tnfOrmatlon whIch mIght assIst tn locattng these fugItIves IS requested to nottty ImmedIately the DIrector of the Feceral Bureau 01 In• vesltgation. U.S. Department of Justice. Washington, DC 20535, or the SpecIal Agent in Charge of the nearest FBI field office, the telephone number of whIch appears on the fIrst page of most local dlrectones. Because of the tIme factor tn pnnltng the FBI Law Enforcement Bulletin, there IS the pOSSIbIlIty that these fugItIves have already been apprehended. The nearest offIce of the FBI WIll have current tnformatlon on the fugItIves ' status.

Photographs taken 1980

Wardell David Ford, Photographs taken 1981 Photographs taken 1985 also known as David Ford, Wardell D. Ford . Steven Girard Tormas, James Wesley Dyess, B; born 5­10­56; Detroit, MI ; 5'9"; 150 Ibs; med bid ; blk hair; brn eyes; med comp; occ- also known as Steven G. Tormas, " Fat also known as James Dyess, James W. construction laborer; remarks : Wears pre- Boy. " W; born 7­27­59; Bronx, NY; 5'8"; Dyess, James Nobles, "Monkey." scription glasses and may be clean shaven. 245 Ibs; hvy bid ; brn hair; blue eyes; fair B; born 6­10­56; Laurel, MS; 6'; 190 Ibs ; Wanted by FBI for INTERSTATE FLiGHT- comp; occ­Iaborer; remarks : Reportedly a musc bid ; blk hair; brn eyes; dark comp; MURDER heavy drinker. May have lost weight and be occ­Iaborer, oil field worker, truck driver; re- NCIC Classification: clean shaven. May have shortened and marks: Reportedly a heavy drinker and fre- dyed his hair in an attempt to elude detec- quents gay bars ; scars and marks: Scars on 150911P0121209101312 tion. He may be traveling with Dana Mer- forehead, in both eyebrow areas, on left Fingerprint Classification: edith Ross, white female, born 9­18­61 , arm, left elbow, and abdomen, tattoo of 15 M 9 U 100 12 5'2", 130 Ibs, dark hair, blue eyes, Social heart on left forearm . M 1 U III Security Number Used : 170­38­4477, Wanted by FBI for INTERSTATE FLiGHT- ROSS IS NOT WANTED BY LAW EN- MURDER 1.0. 5015 FORCEMENT AUTHORITIES; scars and NCIC Classification: Social Security Number Used: 369­64­7878 marks: Tattoo of a "Tiger's Head" on upper D01415PM15DIPIPIPI16 left arm. FBI No. 452646 R6 Wanted by FBI for INTERSTATE FLiGHT- Fingerprint Classification: RAPE 14 0 15 U OOM 15 Caution 23CI0917101809091511 I 20 Will Ford is being sought in connection with rob- bery and subsequent murder of a Purolator Fingerprint Classification: 1.0.5016 armored car service guard, He may be 23 L 17 W 110 10 Social Security Numbers Used: armed with a .22­caliber revolver and L 1 U 110 587­90­8905; 587­90­9005 should be considered armed and dan- gerous. 1.0. 5011 FBI No. 692 593 T2 Social Security Numbers Used: Caution 170­56­2689; 170­56­1689 Dyess, an escapee from custody, is being FBI No. 661 546 W1 sought in connection with the burglary of a residence and the subsequent shooting Caution murders of the two occupants. Dyess has Tormas is being sought for rape during carried a handgun in the past and should which the victim was brutally beaten around be considered armed, extremely dan- the head. Narcotics user. gerous, and an escape risk. Right index fingerprint

Right index fingerprint RIght middle fingerprint

______December1987 I 31 WANTED BY THE lftl gjU

Carl Robert Patterson, Photographs taken 1984 Photographs taken 1984 also known as Bob Patterson, Bobby Pat- Julio Alfonso Parias­Carbo, Glyde Earl Meek, terson, Bobby Joe Patterson, C. Patterson, also known as Julius Carbo, Julio DeParias- Also known as Daniel M. Burton, D. Mike Carl Patterson, Carl R. Patterson, Robert Carbo, Julio Edward DeParias­Carbo, Julio Daniels, Daniel Mikel Daniels, Michael Kel- Patterson, Robert Patton, Wiley E. Rankin. Parias­Carbo, Julio Edward DeParias, Julio ley, Carl E. Meek, Clyde E. Meek, Clyde W; born 2­25­47 (true date of birth), 3­5­44, DeParis, Julio Carbo Deparis, Julio Paris, Earl Meek, Earl C. Meek, Mike G. Meek, 2­25­48; Briceville, TN ; 5'10"; 160 Ibs ; med Felipe Rasgo, Felipe Riasgo, and others. "Shorty," and others. W; born 7­22­35 (true bid ; brn (greying) hair; blue eyes; med W; born 3­7­57 (not supported by birth rec- date of birth), 7­22­37; Pasco, WA; 5' 10"; comp; occ­carpenter, construction foreman, ords) 3­7­58; Barranquilla, Colombia; 5'6" 185 Ibs; stocky bid ; brn­grey (balding) hair; lumber company employee; remarks: Re- to 6'; 170 to 195 Ibs; musc bid ; blk hair; brn blue eyes; ruddy comp; occ­carpenter, portedly has poor sight in one eye and nor- eyes; med comp; occ­cab driver, student pi- salesman, sign painter, truck driver, vehicle mally wears nonprescription glasses, lot; remarks : He speaks and understands repossessor, wood carver; remarks: Known frequently wears a mustache and beard, Spanish fluently. He is an avid weightlifter to wear a hair piece. Reportedly wears may have curly hair and possibly dyes hair and bodybuilder who has competed in large silver belt buckle and a silver and tur- black. He frequents bars and associates various local contests of this nature. He quoise ring on left hand. Meek may be ac- with "Go­Go" girls and prostitutes. He tends likes to frequent discos and night clubs ca- companied by Page Jennings, white to suffer from bleeding ulcers when drinking tering to young singles; scars and marks: female, date of birth 1­2­64. JENNINGS IS heavy; scars and marks: 'I2 ­inch scar on Scar on chin . NOT WANTED BY LAW ENFORCEMENT right palm; scar mid­chest to naval ; two Wanted by FBI for HOBBS ACT­EXTOR - AUTHORITIES; scars and marks: Scar up- small scars left side of back; metal pins in TION; CONSPIRACY, KIDNAPING per chest, tattoo of roses on upper right both legs. NCIC Classification: arm, cast gold inlay on right incisor tooth. Wanted by FBI for INTERSTATE FLiGHT- Wanted by FBI for INTERSTATE FLiGHT- DIDI202216POP0161617 AGGRAVATED SEXUAL ABUSE MURDER Fingerprint Classification: NCIC Classification: NCIC Classification: 20 I 21 W 100 16 17541109131212521013 POTT010709DI62050809 Fingerprint Classification: 019 W 000 Fingerprint Classification: 17 L 1 R 13 1.0.4979 1 0 5 T II 9 M 1 Ur Social Security Numbers Used: I 17 R 011 144­52­3906; 144­52­3096; 144­52­3909 1.0. 4970 LO. 5007 FBI No. 94069 M8 Social Security Numbers Used : Social Security Numbers Used : 411­88­1938; 410­80­3290; 244­66­4493 Caution 527­59­5297; 536­30­4342 FBI No. 708 626 F Pari as­Carbo, who is allegedly involved in FBI No. 732 602 B narcotics trafficking, is being sought in con- Caution nection with a kidnaping and subsequent Caution Patterson is being sought for rape during brutal murder of the victim. He may be Meek is being sought in connection with which the victim was brutally raped and as- armed with a handgun and should be con- multiple murders in which the victims were saulted. Patterson may be armed with a sidered armed and extremely dangerous . bound, gagged, and stabbed multiple times. . 32­caliber revolver. Consider armed and He is reportedly in possession of a shotgun. extremely dangerous. Consider armed and dangerous, escape risk, suicidal tendencies.

Left index fmgerprint Left liNfe fingerprint Right middle fingerprint

32 I FBI Law Enforcement Bulletin ______Interesting Pattern

This pattern is given the classifica• tion of double loop whorl , inner tracing. It is interesting since the loop appearing on the left side is exceptionally diminu• tive in relation to the loop on the right.

Change of l%®1J Address Law Enforcement Bulletin Not an order form

Complete this form and return to: Name

Director Tille Federal Bureau of Investigation Address Wash ington, DC 20535

Slale u.s. Department of Justice Second Class Mail Federal Bureau of Investigation Postage and Fees Paid Federal Bureau of Investigation ISSN 001 4­ 5688

Washington, D. C. 20535

Official Bu si ness Penalty for Private Use $300 Address Correction Requested

The Bulletin Notes

On June 13, 1987, Officer Jack Carroll of the Boise, 10 , Police Depart• ment, responded to a call of a boat en• gulfed in flames on Lucky Peak Lake. Officer Carroll witnessed a man thrash• ing in the water, then the man disap• peared under water. Officer Carroll dove in the water, located the drowning man , brought him to the surface , and towed him to the safety of his own boat. The man regained consciousness soon afterwards. The Bulletin is pleased to join Officer Carroll's chief in commend• ing this lifesaving action.

Officer Carroll