October 1989 l?OOlJ Volume 58 Law Enforcement Bulletin Number 10

Features

1 Police Peer Counseling: Officers Helping Officers By Robin Klein

Evaluating Investigative Polygraph Results 6 By Ronald M. Furgerson

Asian Organized Crime 12 By Linda L. Keene

Page 6 A New Investigative Approach 20 to Youth Gangs By Edward Burns and Thomas J. Deakin 27 Traffic Stops: Police Powers Under the Fourth Amendment By John Gales Sauls

Departments

4 Police Practices 26 Book Review

18 The Bulletin Reports 32 Wanted by the FBI

Page 27 24 Focus

United States Department of Justice Editor-Stephen D. Gladis Federal Bureau of Investigation Managing Editor-Kathryn E. Sulewski Washington, DC 20535 Art Director-John E. Olt Assistant Editor-Alice S. Cole William S. Sessions, Director Production Manager-Andrew DiRosa

The Attorney General has determined that the publication of this periodical is neces• The FBI Law Enforcement Bulletin sary in the transaction of the public (ISSN-0014-5688) is published monthly by business required by law of the Depart• the Federal Bureau of Investigation, 10th ment of Justice. Use of funds for printing and Pennsylvania Ave ., N.W., Washington, this periodical has been approved by the DC 20535. Second-Class postage paid at Director of the Office of Management and Washington, DC. Postmaster: Send Budget. address changes to Federal Bureau of The Cover: An Orlando, FL, police officer Investigation, FBI Law Enforcement Bul• weeps after telling a mother that her child letin, Washington, DC 20535. has died in a house fire . Photo courtesy Published by the Office of Public Affairs, of Bobby Coker/The Orlando Sentinel. Milt Ahlerich, Assistant Director

ISSN 0014-5688 USPS 383-310 Police Peer Counseling Officers He/ping Officers

By SGT. ROBIN KLEIN, Ph.D. Police Department Long Beach, CA

eople have always relied on lems of a police officer than won't be the bullet that will strike their fellow employees for another officer. With this built-in down an officer, but the effect of P understanding and support, trust that police officers have for chronic stress. especially during stressful situa• each other, peer counseling be• tions, but it has not always been in comes a "natural." An Historical Perspective the formal, supervised and con• However, men and women in Police peer counseling began structive fashion that is now being general, and police officers in par• in the 1950s when the Boston advocated. Today, the purpose of ticular, are still supposed to be Police Department began a stress peer counseling in law enforce• able to handle their own problems, program which focused mainly on ment is to train police officers to i.e., " real men and women don't alcohol-related problems. Five help others deal with stressful sit• have problems. " This damaging years later, the Chicago Police uations in a more positive, struc• myth costs police officers up to 14 Department also began a peer tured manner. It has been said, years of their lives-they die that counseling program as an ap• and probably rightfully so, that no much earlier than those in other proach to dealing with alcoholism one better understands the prob• occupations. i In fact , it probably within the department. Modeled

______October 1989 / 1

------after the Alcoholics Anonymous counseling training program for to maintain a sense of detachment, 12-step program, officers in both the Long Beach Police Depart• yet not be cold and uncaring. police departments were helped by ment. Later that year, this pro• However. they are then expected fellow officers who were them• gram was certified by POST (The to be able to go home and be selves recovering alcoholics. Commission on Peace Officer's involved in an egalitarian relation• New York City establi hed an Standards and Training) and has ship with their spouse and/or fam• alcohol program in 1966 . This since been used by over 40 depart• ily and to be in touch with their program 's premise wa that when ments throughout California. In feeling and emotions. Often they the department helps officer 1984, the Lo Angeles County have trouble making this transi• recover from alcoholi m, it gains a Sheriff' Department followed suit tion . In the past. many have used highly motivated person , a more and developed its own peer coun• what Waumbaugh called' 'choir compassionate officer , and a seling training program u ing in• practice"2 to make this transition . grateful family. In this program, house psychological services. However, this " practice" of using both the individual and the organi• alcohol to drown the day's nega• zation benefited . However, al• The California Peer tive aspects has tragically resulted though individuals with variou Counseling Program in the creation of a large number problems were helped by the pro• Today, as in the past, police of alcoholics. gram. its primary emphasis was officers have an obvious need to The California peer counsel• till on alcoholism. distance themselves from the ing program attempts to address The Los Angele Police negative aspect of their profes• these and other problems of police Department, under the direction of sion before going home. Police officer . The California program is Dr. Martin Reiser, establi hed an officers operate in a unique and co-taught by a clinical psycholo• in-house behavioral cience unit. often unrealistic environment. gist in private practice and a police This department was one of the They spend their days and nights officer who has a Ph.D. This com• first to develop and implement a being problem solvers; they typ• bination of a psychologist and a fully department-supported peer ically see only a kewed view of police officer allows for theory counseling program using officer society; and they are expected to and practice to be effectively mer• and civilians a volunteer coun• perform their job without any fear ged in a classroom setting. selor . or sense of danger. To accomplish The program last for 3 day In 1982. Dr. Jim Linden and this ta k it is neces ary, for the and i divided into three part • the author conducted the fir t peer maintenance of their own sanity, explanation , demonstration , and performance, thus using the basic psychological principles of the three-phase Rogerian model con• isting of establishing rapport, active li stening, and taking action. 3 During the training, psy• "... it probably won't be chological principles are presented the bullet that will strike to the class and later demonstrated down an officer, but the in a counseling setting by the effects of chronic in tructors. The cia s i then bro• ken into groups to practice the stress. skills. The purpose of peer counsel• ing training is to teach a group of " peers to recognize problems and to coun el their fellow officers. The Sergeant Klein peer counselors are also trained to recognize tho e problems that are

2 / FBI Law Enforcement Bulletin ______beyond their abilities, such as hal• which forces them to admit that nate amount of time on those areas lucinations, delusions , suicidal they have a problem they are that they cannot change. and homicidal tendencies , or unable to handle. To talk casually A related area that tbe peer chronic depression. Officers with with a peer counselor is a much counselor can provide invaluable such problems are referred to .an mailer step, one that many police assistance to fellow officers is in outside professional agency or to a officers are more willing and able the area of post-traumatic stress psychologist. to make, and one that can either di order. Peer counselors pri• In determining whether the resolve the problem or lead to fur• marily encounter thi disorder in peer counselors have the capability ther assistance. The peer counselor officers who have been involved of recognizing these problems and counseling their fellow officers, one must keep in mind that police officers typically deal with men• tally ill individuals in their day to The peer counselor is able to provide a safe place day work. In fact, police officers "for troubled officers to ventilate and get in touch are probably in contact with more with their feelings in a nonjudgmental people who are mentally ill than environment. the typical psychologist in private practice. Even so, opposition to police peer counseling occasionally is able to provide a safe place for in shooting incidents . However," ari es, primarily from two troubled officers to ventilate and dealing with events such as the sources. First, a police chief may get in touch with their feelings in a death of a child, a fatal traffic decide against peer counseling in nonjudgmental environment. accident-especially when an the department for one reason or As well as being trained to officer i involved-rape, and another. A econd oppo ition is recognize those areas that are major di aster, such as an air• ometimes heard from psycholo• beyond their ability or training, plane crash, can also trigger post gists who feel threatened that the peer counselors can also be trained traumatic stres . If counseling is peer counselor will " take business to handle a wide range of prob• provided to troubled officers in a away from them ." However, lems, including stress, post trau• timely manner, the prognosis for a establishing a peer counseling pro• matic stress, relationship problems fast recovery and adequately deal• gram usually has the oppo ite and chemical dependency. ing with the event is very good. effect; peer counselors usually Officers experiencing the Another area that the peer generate business when they rec• adverse effects of stress is one of counselor often deals with is rela• ognize serious problems in officers the areas that the peer counselor tionship problems. While these and refer them to psychologists for deals with frequently. The concept problems may not be directly treatment. that stress can predispose an indi• related to law enforcement, they vidual to physical illness is not can be exacerbated by the de• Benefits of Peer Counseling new . Now, however, research has mands law enforcement places on Because peer counselors are finally proven this to be true. Peo• the individual officers and their fellow police officers , they often ple may not have control over the families. In the majority of these have more empathy for other stressful event but they can control cases the problem lies in not ade• officers than an individual who their perception and response to it. quately communicating one's feel• has not had similar experiences. The peer counselor can assist the ings, needs or wishes to the other Some police officers find it very officer in developing constructive person. This problem can occur difficult to ask for help, especially ways of dealing with stress, recog• quite frequently in law enforce• from an outside professional. And, nizing what they can change and ment, because those behavior that to make an appointment with a what they cannot, and helping function very well, and for which psychologist is a big first step them learn not to spend an inordi• police officers are often rewarded

______October 1989 / 3 Po/ice Practices

on the job, do not make for good behavior in a relationship. For example, on the job, police of• ficers are accustomed to being in Criminal Investigation Response Teams charge. For some officers, the I daily transition from being in charge on the job to going home to CIRT-Criminal lnve tiga• including forensic odontology, an egalitarian relationship can tion Response Team-is an forensic anthropology, forensic t prove difficult. innovative development by the pathology, crime scene recon• One of the most difficult California Attorney General's struction, satanic cults, crime areas that the peer counselor will Division of Law Enforcement. scene management, serial encounter is the chemically de• The concept of CIRT originated murders, psychological profiling, pendent individual . In the case of in 1985 when two criminalist interrogation, and officer-involved law enforcement officers, this usu• from the State's Bureau of Foren• shootings. Special agents culmi• ally means alcohol . Typically , sic Services were teaching a nate their CIRT training with a with chemical dependency, there course on crime scenes. These 2-month assignment to a major is so much denial that the person criminalist realized that inves• metropolitan homicide unit in a does not or will not seek treat• tigative personnel view the same California city. To date, 2 latent ment. However, even when such a crime scene in different ways, print analysts, 12 special agents, condition exists, peer counselor according to their training. Com• and 17 criminologists have can make a positive difference. bining personnel with different received CIRT training. skills into an inve tigative team, Team members carry out Conclusion complete with specialized train• their normal investigative or Much can be done by the ing, would provide more forensic responsibilities during the e peer counselor to help an officer extensive assistance to local Jaw day-to-day operations of both who is involved in these and many enforcement. Bureaus. However, they are avail• other ituation. The limited The CIRT team concept able to provide immediate on- ite research that has been done in thi employ special agents from the inve tigative services-from ca e area indicates that if counseling is State's Bureau of Investigation consultation to full investigative provided to troubled officers in a and criminologi ts and latent print responsibility-to local law timely manner, the prognosis for a analysts from the Bureau of enforcement throughout the State. fast recovery and adequately deal• Forensic Services. Those assigned CIRT is designed to respond to ing with the event is very good . to CIRT teams receive extensive homicide or violent crime scenes Peer counseling for police officers training in a variety of fields, of a complex or multijurisdic- is one of the very few training pro• grams that is geared specifically toward officers helping them• selves. It is a win-win situation; Services Available From CIRT the officers benefit, their familie benefit, the department benefits, • Evidence collection, preservation, and analysis and the citizen benefit. If'~~ • Crime scene reconstruction • Video taping Footnotes • Crime scene supervision 'Video-tape entitled. " The Silent Killer: Introdu ti on to Stress Management," by • Search warrant preparation Motorol a MTI Teleprograms, Inc. • Suspect apprehension 2Joseph Waumbaugh. Th e New Cell • turioll s (Boston. MA: Little. Brown and Co.. • Expert testimony 1970). 'James I. Linden. Police Peer Coullsel• • News media coordination illg. unpubli shed manual. Cali forni a State niversi ty. Long Beach. CA. ~------~ e

4 FBI Law Enforcement Bulletin ------1 tional nature in those areas where investigative or forensic resources are limited. California Department Requests for CIRT services of Justice Support Services can either originate within the California Department of Justice • Latent print analysis or come from a Federal, State, or • Polygraph local law enforcement agency. Several types and levels of serv• • Photography ices are available through CIRT• • Missing person assistance case consultation, joint investiga• • Homicide analysis tions. complete investigative responsibility. and follow-up investigations. In case consultations. a A local agency may call in tiagency serial homicides for 28 CIRT team reviews either an on• CIRT to conduct a follolV-up counties. going or completed investigation investigation after its own efforts The CIRT concept combines to examine undeveloped leads and have been unsuccessful. The team forensic and investigative skills. their possible significance to the evaluates the case to determine if By using this investigative tech• case. With joint investigations. a there are any workable investiga• nique, the law enforcement law enforcement agency may tive leads which warrant further community in the State of Cal• request active support from CIRT; investigation or to concur with the ifornia has been able to take yet. it may wish to retain part of results of the initial investigation. advantage of the knowledge, the responsibility and authority Since CIRT was created in experience, and talent of trained for the investigation. For exam• November 1986, teams have been professionals throughout the State ple, in a homicide investigation in requested by police departments, to solve crimes and apprehend t~ams a rural county, two CIRT sheriffs' offices, grand juries, dis• criminals. and a photographer assisted the trict attorneys, and State agencies Information for this feature local sheriff's office in processing for consultation and/or investiga• was obtained from the Offlce of the crime scene. They gathered tion in over 50 cases. CIRT has the Attornev General, State of enough evidence to obtain atTest investigated homicides, rapes, California, ' Department of Justice, warrants for four suspects. missing persons, arsons, and mul• Sacramento, CA. [f'~~ A law enforcement agency can request that a CIRT team assume complete investigative responsibility of a violent crime or homicide scene. In one particu• Police Practices serves as an information source for unique or lar case, the CIRT team took noteworthy methods, techniques, or operations of law enforcement agencies. command of the investigation, Submissions should be no more than 750 words (3 pages, double spaced proce sed the crime scene, inter• and typed) and should be directed to Kathy Sulewski, Managing Editor. FBI Law Enforcement Bl1"etin, Room 7262, 10th & Pennsylvania. NW, viewed a number of people, and Washington , DC 20035. gathered enough evidence to arrest three men for murder.

October 1989 / 5 courtesy of Ron Dunnivan.

Evaluating Invest Polygraph Resul

By uppose your department dilemmas . Frequently, in such RONALD M. FURGERSON receive a report from cases, important managerial and Special Agent San obviously distraught investigative decisions mu t be Document Section young mother who said she was in based primarily on the results of Laboratory Division a neighborhood convenience store the polygraph examination and the Federal Bureau of Investigation for a couple of minutes to buy examiner's evaluation of the Washington, DC milk when her one-year-old charts, when there is no con• daughter was kidnaped from her fession or other credible evidence car. Suppose further that the to fully confirm the examiner's investigation confirms certain opinion. I Should the investigation details of the mother's account, continue? If so, should the focus but that other aspects of the case of the investigation change or were troublesome and just didn't remain the same? Should addi• "ring true." How can you "weed tional resources be allocated to the out" the deceptive statements case? While there are no clear-cut from the ones that are true? rules to govern the manager's Law enforcement agencies decision, there are certain factors have found the polygraph to be a which may be useful in assessing highly successful and useful tech• the level of confidence given to an nique to resolve such investigative examiner's opinions on a case-by• case basis.

6 I FBI Law Enforcement Bulletin ______This article discusses the the examination conditions. behavior and body language as a many factors which influence Quality control reviews may also sign of deception. The best exam• polygraph accuracy. It will also be useful in assessing polygraph iners will be proficient in at least enable law enforcement managers results. one and preferably in a variety of 4 and investigators to better deter• The Examiner recognized polygraph techniques mine the weight which should be which have been demonstrated, Without a doubt, examiner given to polygraph examination through competent research, to skill contributes greatly to poly• results and examiner conclusions. have a high level of validity. Fur• graph examination accuracy. Of Further, the information discussed ther, they will have been trained in course, most investigators who may prove useful in determining and use the "numerical analysis" have worked with a number of dif• whether an examination should be method of chart interpretation, ferent examiners over time realize given at all, and if 0, what might which promotes objective chart that all examiners are not the same be done to improve the probability evaluation, has been validated by and do not achieve the same of accurate results. competent research, and which results from the examinations. probably contributes to overall ACCURACY FACTORS Some examiners are far more suc• accuracy.s cessful and capable than others in A polygraph examination is a In addition to their initial solving cases. They are the ones process which consists of many examiner training, the most who usually "get the confession" variables. Credible research con• qualified examiners will have or somehow cause things to hap• cerning polygraph validity indi• received refresher training within pen to clarify or to advance the cates that accuracy levels exceed the last year as an aid to retaining investigation. 90 percent for certain investigative proficiency and adhering to recog• However, it is prudent to polygraph methods. 2 However, nized standards and procedures. 6 exercise caution when an ex• this does not mean that 90 out of They should also demonstrate pro• aminer's opinion is based solely 100 examinations conducted by fessionalism by showing an in• on the charts. The same "people every examiner in every situation terest in current research, skills," or interrogation ability, will be correct. maintaining membership in profes• which produce confes ions are not Since polygraph examinations sional association , and following necessarily the same skills which are not infallible indicators of fact, current developments in the poly• result in proper chart analysis. examiner conclusions must always graph field through journal articles A key factor when attaching be viewed with a degree of cau• and newsletters. tion. Policy within the Federal weight to an examiner' opinions investigative and intelligence com• munities specifies that examiner conclusions, based on chart inter• The most obvious factors influencing pretation alone, should not be a " determiner of investigative fact examinees are their physical and emotional and should not be used to exclude conditions. other evidence. Examiner opinions constitute but a single element of all the information which becomes is the quality of their training. Another factor which contrib• available during a complete and Generally, most qualified exam• utes to examiner competency" is thorough investigation. 3 iners will have been trained at a experience. Qualified examiners Contributing factors to the reputable polygraph school or will have accumulated consider• accuracy level of the polygraph through a course accredited by the able experience in polygraph can be grouped into four major American Polygraph Association, usage and may have even com• categories-the examiner, the which does not place primary pleted an internship under the examinee, the investigation, and emphasis on an examinee's supervision of a senior examiner.

______October 1989 I 7 Special Agent Furgerson the accuracy of polygraph results by discussing the examinee knowl• edgeably with the examiner and by evaluating the conditions affecting Polygraph the examinee. examinations can The most obvious factors " influencing examinees are their only determine if physical and emotional conditions. examinees are People who have not had regular reporting what they food or rest, or who are clearly believe to be true .. .. under great emotional stress, are poor candidates for examination. Therefore, it is unwise to examine subjects who have just undergone an intensive or prolonged inter• " view or interrogation, who have just been injured, who are phys• They will also be in .positions to examiner will not be intimidated ically fatigued, or who have just use their polygraph skills often, so to reach popular opinions or just to undergone significant emotional that their skills will not erode substantiate opinions of previous shock, such as the loss of a loved one or personal trauma. However, through neglect or inactivity. 7 investigators. Professional exam• An experienced examiner will iners will not test candidates who people who are under a relatively also be better able to establish rap• are unfit for examination and will high level of stress normally asso• port with examinees, to determine not conduct examinations under ciated with police-related inter• if examinees are proper candidates unsuitable conditions, with inade• views and interrogations are for examination at that time, and quate preparation time, or with proper candidates for examination. to select the interview technique insufficient background informa• This type of stress is common to most likely to properly prepare tion on the case. Their examina• examinees, does not adversely examinees for examination (and tions will always be directed at affect examination results, and can subsequent interrogation if decep• solving the case and/or addressing be compensated for by using tion is indicated). Also , they all the issues under investigation. various control in well-structured should be able to detect the pres• They will not simply try to find examinations. However, exam• ence of any countermeasure an some question the examinee can inees subjected to lengthy and/or examinee may use in an attempt to answer truthfully, or is sure to intense accusatory interrogations thwart the examination process. fail. Finally, ethical examiners, may become sensitized to relevant The case facts may be highly whose opinions are valued, will questions, thereby detracting from complex, requiring examiners to not view the polygraph as merely the accuracy of the exam. resolve a number of issues and an interrogation tool. Rather, they Psychological factors also sub-issues. Therefore, experience will take polygraph science greatly influence polygraph as an examiner and an investiga• seriously and will conscientiously accuracy. When the intensity of tor, or other experience involving strive to ensure that their opinions the is ue under investigation is the analysis of criminal activity have value, even when there is no personally significant to the exam• and behavior, is helpful in identi• confession. inee, accuracy is likely to be fying the issues to be addressed greatest, irrespective of whether during the examination and how to The Examinee the examinee is truthful or decep• best structure polygraph examina• A second major factor bear• tive. This situation exists when the tions to do so. ing on the accuracy of polygraph consequence is not advantageous An examiner's personal examiner opinions is the exam• to the examinee, e. g., when the integrity and moral courage have inee. The investigator or law results of the polygraph examina• great significance. A professional enforcement manager can evaluate tion will cause investigators to

8 / FBI Law Enforcement Bulletin ______question or disbelieve the exam• The polygraph examiner, The quality of the investiga• inee 's statements. Personal sometimes based on consultation tion that precedes a polygraph involvement helps to ensure that with a physician or psychiatrist, examination is critical to examina• examinees are alert and psycho• should determine if a person is a tion accuracy, which is why the logically " tuned in " to the exam• suitable candidate for polygraph investigation should be as thor• ination process , and that testing. Even when the examinee's ough and as comprehensive as extraneous thoughts or concerns condition is far from optimum, possible. The examiner's strategy do not interfere with the exam• operational exigencies. and circum• for the entire polygraph process is inee's concentration on the inter• stances surrounding an investiga• designed to build upon the inves• view. tion may dictate conducting an ex• tigation. While the examiner's tac• Polygraph examinations can amination. When that happens , tics may change due to events that only determine if examinees are and no credible evidence is unfold during the examination, reporting what they believe to be developed to support the exam• especially new revelations from true , or whether they are being iner's opinions concerning the the examinee, the examiner is intentionally deceitful. If exam• examinee's truthfulness, the exam• dependent on investigative input inees honestly believe that they are inee's condition may degrade the as a foundation for the examina• telling the truth, a properly con• accuracy. By observing an exam• tion. Erroneous information about ducted polygraph examination is inee's behavior and analyzing case the offense, the crime scene, evi• Iikely to reflect that belief. facts concerning the examinee's dence, or the examinee's role in However, examinees can be hon• access to and ability to compre• the case could easily cause the estly mistaken about what they be• hend the truth about statements examination process to miss the lieve, which is why, in evaluating made, and through discussions mark and produce incorrect con• an examiner's opinions, investiga• with polygraph examiners, in• clusions. tors must assess the likelihood that vestigators and officials can make All information on the of• examinees accept their statements more inforined decisions concern• fense, which can be obtained as the truth. ing the likelihood that the exam• through conventional investigative No research has been con• iner's opinions are well founded, methods, should be collected prior ducted which correlates age with or conversely, may have been to the polygraph examination. polygraph accuracy. Hbwever, based on experience, if the exam• inee is unable to adequately dis• tinguish between a truth and The quality of the investigation that precedes a falsehood, or will suffer no sig• "polygraph examination is critical to examination nificant consequences if dis• accuracy.. .. covered to be deceptive, then age becomes a critical factor. Accurate polygraph testing demands that examinees be psy• adversely affected by the exam• This is not to say that in some" sit• chologically fit. They must be able inee's condition. uations, circumstances may dictate giving an examination while the to distingui h between reality and The Investigation fantasy and must be mentally com• investigation continues. In fact, petent to comprehend and partici• Polygraph examinations there may be times when it is wise given in the law enforcement pate in meaningful dialogue with to conduct an examination early in environment are not isolated the examiner. Their ability to the investigation to help determine comprehend events during the events, but are part of an inves• the direction of the investigation , examination process , and to tigation . Therefore, the structure or to prevent the needless expendi• of the polygraph examination and respond physiologically, must not ture of resources on uncorrobo• have been adversely impaired by the examiner's strategy for admin• rated information, such as may be mental illness, drugs or alcohol or, istering it are largely dependent on furnished by a sourcelinformant of as stated previously, by physical the information developed during unknown reliability. However, the investigation. or emotional exhaustion.

______October 1989 I 9 -

regardless of when the examina• robbery investigation, the exam• Examination Conditions tion is conducted, all available iner should consider the po ibility The final area to consider in case fact, including result of that the per on found in possession assessing the accuracy of interviews, crime scene informa• of the "bait money" may have an examiner's opinions concerns tion, and forensic laboratory participated in the crime in some the conditions which urrounded reports, should be furnished to the capacity other than that of the the actual examination. In examiner in sufficient time to be actual robber. It is even po sible a sessing this area, the investiga• thoroughly reviewed and digested that the examinee came into pos• tor or law enforcement official prior to the test. ession of the money through hould review all of the condition Information on the role or ome innocent means. Therefore, which existed when the examina• nature of the examinee's in• a well-qualified examiner will tion took place, e pecially condi• volvement in the case hould be consider including questions con• tions which were not obvious in furnished to the examiner, along cerning "knowledge of the connection with other factors. Pro• with details of all previous state• crime," "participation in any fessional examiners will willingly ment the examinee provided. For way, " and "evidence-connect• di cuss results relative to examina• this reason, an investigator should ing" in the examination, in addi• tion conditions. interview all persons to be poly• tion to the obvious question, "Did Even under the best of con• graphed prior to the examination, you rob the bank?" Even so, ditions, the polygraph may pro• record the re ults, and furnish accurate investigative information duce misleading results. A with them to the examiner. This way, i mandatory to as ist the exam• any profes ional procedure having any slight variations from any pre• iner in focusing the examination an element of subjectivity, rushed, vious account of event that occur and "asking the right question ." harried testing conditions may during the polygraph examination Those concerned about the cause accuracy to deteriorate will be clear. accuracy of examiner opinions because of inadequate time for a Successful examiner will should review the quality of the thorough investigation and for plan examinations to allow for inve tigative information available proper briefing of the examiner. some investigative error or im• to the examiner prior to the poly• Adverse con equences al 0 can precision. For example, in a bank graph examination. result because of examiner stress, an unintentional shortening of the Left: Polygraph examiners should have full pretest interview, and relaxation of access to case data and receive a thorough briefing from the investigating or deviation from tandard proce• officer or case agent. dures. Below: Research has shown the value of The examiner hould have the numerical analysis system of chart interpretation in enhancing polygraph sufficient time to prepare for the accuracy. examination without interference from departmental authoritie or inve tigators prior to or during the examination. Also, no hint should be made by those involved in the investigation as to expected or desired results . The examiner should have the latitude to conduct the examination at a comfortable pace, free from extraneous official pressure. Another examination condi• tion which could affect polygraph accuracy relates to the physical surroundings of the examination e site. Best result are obtained in a

10 I FBI Law Enforcement Bulletin ______professionally equipped, poly• testing examiner's conclusion as to Footnotes graph suite with good lighting, truth or deception are substanti• 'In polygraph examinations conducted by modern instrumentation, adequate the FBI. between 50 and 60 percent indicated ated. While such reviews do not that the examinee was deceptive. Also. ventilation , and temperature con• assure the examination's scientific approximately 60 percent of those believed to trol. The polygraph suite should validity, they do promote consis• be deceptive either confessed or admitted with• holding or significantly falsifying information be designed to eliminate any dis• tency in examination results, en• furnbhed to authorities. Most of the remaining tractions, such a extraneous out• sure that proper procedures were "deceptive" examinations and almost all side noise. Once tarted, used, and guarantee that chart " non-deceptive " examiner conclusions are not confirmed. yet must be factored into investiga• examinations should be interrupted interpretation adheres to estab• tive findings. About 10 percent of all for only the most compelling rea• lished standards. examination conducted in FBI cases are sons. Examinations conducted in Departments too small to "i nclu~ive ": about I percent are incomplete. " " Polygraph Activities Report. " Laboratory other than carefully controlled have a quality control program Division. Federal Bureau of Invc ·tigation. environments may be contami• may be able to establish such a Wm.hington DC. January 13 . 1989. p. 4. nated by the introduction of these 2Polygraph validity is the extent to which negative influences. a polygraph method achieves correct identifica• tion of lying and truthful examinees in a It would be impossible to specified application. See also. e.g.. D.C. addre s in this article all the possi• Without a doubt, Taskin. G.H. Barland. and J.A. Podlesny. ble variables which could play an " Validity and reliability of detection of decep• examiner skill tion (Grant No. 75-NI-99-0001 to the important role in polygraph contributes greatly to University of Utah). National Institute of Law accuracy. However, by carefully polygraph Enforcement and Criminal Ju tice . Law reviewing all the circumstances Enforcement Assistance Administration. . S. examination Department of Justice. Washington. DC. 1978. surrounding the examination, any p. 8. This study indicated that accuracy rates deviations from normal conditions accuracy. were quite high with a combined accuracy of decisions (for both truthful and deceptive become apparent. Such variances examinees) which exceeded 90 percent. hould be viewed with suspicion. Approximately 10 percent of the examinees Examinations which take place program with another department. yielded inconclusive re~uJts. and the errors under "crisis-like" conditions can were almost equally distributed between false And, if it is impossible to obtain" a positives and false negative. get out of control and result in les quality control review locally, JRonald M. Furgerson, " Polygraph Policy than optimum performance by charts and documentation from Model for Law Enforcement." FBI Law examiners, investigators, and Enforcemelll Bulletin. vol. 56. No.6. June particularly important cases may 1987 , pp 6-20. for a thorough discussion of examinees. be submitted to FBi Headquarters policy considerations in polygraph usage. for review. ·"Polygraph techniques" is a general Quality Control term referring to the various methods for con• CONCLUSION ducting polygraph examinations. Each One important element which technique consists of all components of the may be useful in assessing poly• A large number of variables examination process. including the procedures graph results is the result of the have the potential for influencing for pretest interviews. testing. chart evaluation and decision making. and post test interviews. quality control review of the polygraph accuracy. Wise inves• Key elements of various techniques include the examination, if one was con• tigators and law enforcement offi• structure of the test questions. the types and ducted. Quality control should be cials will carefully assess the number of questions. how they are presented. and their sequenci ng . an integral part of law enforce• factors impacting on particular 5Supra note I . at 23. ment polygraph usage, as experi• polygraph examinations. Knowing 6Regulations of the Federal Bureau of ence in the Federal polygraph how these factors influence ac• Investigation specify that to retain their cer• tification. FBI examiners mu t undergo community has shown. curacy will permit better-informed refresher/inservice training at intervals not to Quality control reviews con• judgments about the weight ac• exceed 2 years. Manual of Investigative Oper• sist of independent, "blind" eval• corded to an examiner's opinions ations alld Guidelines, Federal Bureau of Investigation , Washington. DC, p. 1198.05. uations of polygraph charts and concerning the veracity of state• 7E.g., FBI examiners are encouraged to related documentation by other ments made by the examinee. conduct a minimum of 48 examinations per senior and well-qualified exam• This, in turn , should result in year. Mantlal of Investigative Operations alld Guidelilles, Federal Bureau of Investigation , iners to ensure that the original more appropriate use of polygraph Washington , DC. p. 1198.(\). results in directing subsequent, inve tigative proceedings. [f'~~

------______October 1989 I 11 By LINDA L. KEENE Special Agent Criminal Investigative Division Federal Bureau of Investigation Washington, DC

n February 21, 1989, as undercover agents O purchased heroin and wiretaps crackled with coded conver ations between dealers confidently arranging shipments, FBI Agents and officers of the New York City Police Department executed search warrants at three locations in Queens, NY. Their efforts netted $3 million in cash and 820 pounds of 90-percent pure Southeast Asian heroin having an e timated street value of over $1 billion. More importantly, however, law enforcement dealt a devastating blow to this lucrative drug operation. Codenamed "White Mare," this investigation represented the largest heroin bust in the United States and has thus far resulted in the arrests of 44 subjects worldwide, including members of 5 separate Asian drug trafficking cartels. nized that a working relationship pelled the LCN into prominence in presently exists between the Chi• the L920s and 1930s, the illegal nese criminal groups and the drug trade appears to be the vehi• LCN . It is speculated that these cle which will move Asian crimi• Chinese groups have provided her• nals into the mainstream of oin to the LCN on occasion and America today. I that the LCN, in exchange, has furnished the Chinese with loan• Chinese Triads sharking capital and untraceable Secret, Chinese criminal so• weapons. In addition, there are cieties, known as triads , were indications that both groups have originally formed as resistance performed contract killings on the groups to the Ching Dynasty that other's behalf and have jointly ruled China from the early 17th cooperated in the operation of ille• century until 1912. The word This case serves as a striking gal gambling establishments. "triad" is an English term derived example of the extent to which from the societies' sacred emblem Asian underworld groups have NONTRADITIONAL - a triangle whose sides represent staked a claim in the criminal mar• ORGANIZED CRIME three basic powers: heaven, earth ketplace. Indeed, Asian organized GROUPS and man.2 The triads continued to crime (AOC) groups are becoming The successful prosecution of flourish in Hong Kong and Taiwan involved at an increasing rate in rlumerous high-ranking members throughout the 1950s and 1960s murder, kidnaping, extortion, of the LCN and the LCN "com• and even controlled many impor• gambling, drugs and money laun• mission" in November 1986, has tant police posts in Hong Kong dering. It has been suggested that enabled Federal, State and local until the early 1970s. 3 AOC has the potential to become law enforcement to redirect a por• While the structure of the the future number-one law en• tion of its resources to the inves• triads today varies somewhat, all forcement problem in the United States. In order for law enforcement) 'White Mare' ... represented the largest heroin to effectively deal with AOC fac• bust in the United States and has thus far tions, it is extremely important to " acquire an understanding and a resulted in the arrests of 44 subjects worldwide .... working knowledge of these orga• nizations. This article provides an overview of the Chinese and Jap• tigation of nontraditional organ• are based roughly on models and anese criminal organizations, in ized criminal activity. The groups traditions from the past. For exam•" addition to summarizing the presently appearing to warrant pIe , the initiation ceremony, unique problems law enforcement such investigative attention are the known as " hanging the blue lan• encounters with AOC. It also Chinese and Japanese cri minal tern," still req u ires recruits to explains the similarities between organizations. While there is repeat 36 oaths of loyalty, secrecy the La Cosa Nostra (LCN) and always room for debate about the and brotherhood. The integrity of AOC, indicating that investigative degree of organization within the organization's secrets is also and prosecutive techniques used these Asian groups, their potential strictly and brutally enforced by against the LCN can be similarly to develop into LCN-type organi• the triad 's "Red Pole, " an indi• employed to combat AOe. zations certainly exists. And, vidual trained in the martial arts The President's Commission much as the illegal trade of aJco• who, along with other henchmen, on Organized Crime has recog• hoi during the Prohibition Era pro• is charged with the responsibility

, ;:--______October 1989 I 13 of internal and external security. enable them to operate within the nese immigrants and Chinese Triads still heavily rely on fear territory of a particular gang. Americans. And, while the eco• within the organization, among While the first group seldom nomic mainstay of the criminally competitive criminal groups and becomes actively involved in involved tongs is illegal gambling, within the community. The prac• criminal activities, they generally some members have been known tice of dispatching "hitmen" "run with the pack," adding to to direct gang enterprises that internationally to reinforce this the belief that the gangs possess a include extortion, drug trafficking, fear is not uncommon. greater power base than they actu• robbery and "protection" schemes The origin, evolution, rituals, ally have. for prostitution and pornography. practices and even modern Currently, there is no con• The internal structure of the activities of the triads are remarka• crete information to indicate that tongs is also very similar to that of bly similar to those of the Sicilian triad organizations exist as distinct the LCN. The head of the tong, Mafia. In Sicily, loyalty and entities in the United States. How• known as the chairman, can be solidarity are recognized by ever, triad members, who have compared to the LCN boss, while "omerta," more commonly emigrated to the United States , the next position in the hierarchy known as the code of silence. A can be found in street gangs, such is that of the vice chairman, simi• Chinese proverb, which similarly as the Ghost Shadows, Flying lar to the underboss . Next in the upholds silence in the face of Dragons , Wah Ching, United chain of command is the English• authority, is, "When alive, don't Bamboo, and Ping On . While speaking secretary, comparable to go to authorities, when dead, street gangs more closely resemble the LCN consigliere, followed by don't go to hell." Similar initia• triads in that they are entirely secretaries whose responsibilities resemble those of LCN capos. Sta• tioned below the officials are "first grade" tong members and AOC has the potential to become the the "look-see" or soldiers. " future number-one law enforcement The Japanese Yakuza problem in the United States. The Japanese organized crime syndicate, known as Yakuza (Y AHK-ZA), consists of 2,500 tion rites are also present in both criminal in nature, the tongs groups with a total membership of organizations, including the com• (meaning " meeting hall"" or approximately 110,000 individ• mingling of blood and the burning "meeting place") maintain a uals. The Japanese National Police of paper. Last, aside from the fact membership largely composed of Agency (NPA) applies the term that both the Mafia and triads are noncriminals . However, there "Boryokudan," which means engaged in criminal activity, they does appear to be a growing trend "violent ones," to these groups, also have the ability to generate for upper-echelon street gang largely because of their involve• varying degrees of fear and respect leaders to belong to both tongs and ment in drugs. s among the general population. 4 gangs. In the past, the Yakuza was Today, triads are basically accepted in Japanese society, and comprised of two groups of indi• Chinese Tongs even though they were primarily viduals. The first group, and most Many of the tongs in the involved in prostitution and gam• likely the largest in number, is United States are national organi• bling, they maintained an almost made up of individuals who join to zations with chapters in cities that " Robin Hood" image. This repu• avoid harassment. The second have large Chinese communities. tation has since been transformed group consists of individuals who While the tongs serve primarily as as ordinary citizens became the join to achieve recognition or "merchant associations," several targets of the Yakuza through rob• financial gain, because of a desire of the tongs are used as fronts for beries and street shakedowns. to enter the criminal world, or in vicious Chinese organized crime The general appearance of the the case of freelance criminals, to groups that prey mainly on Chi• Yakuza also changed. After World

14 I FBI Law Enforcement Bulletin ______Badges of Major Asian Organized Crime Groups

Iinagawa Kai I Yamaguchi Gumi I Sumiyoshi Rengo

Toa Yuai Jigyo Kumiai I Nippon Kokusui Kai

War II, they assumed orne of the waves and mythical figures which production. The Yakuza members, characteristics of their American symbolize their ancestral or particularly those at the lower lev• gangster counterparts, such as adopted organization and demon• els, are encouraged to find new dressing in dark suits, dark ties strate their permanent commit• enterprise with which to satisfy and wearing sunglasses. ment. Tattoos, worn by approx• the con tant demand from above. 7 Today, due to their openly imately 75 percent of the Yakuza Until 1974, Yakuza interest recognized existence and status in members, are used to intimidate in the United States was thought to Japanese ociety, the Yakuza con• people outside the organization, be relatively limited. However, titutes a separate class with it even though they are u ually con• since then, Yakuza activity in the wealth, members, culture and cealed by the individual' apparel. United States has expanded prin• political ties. In addition, Yakuza The internal structure of the cipally for three reasons. First, the members are known to boast out• Yakuza society i arranged in such United State serves as a source of wardly about their affiliation, and a manner that all authority and weapons, since the possession of each group has its own distinctive wealth are concentrated in the handguns by private citizens in lapel pin that the members proudly "oyabun" or boss. A member's Japan has been prohibited since wear. Gang insignias and flags are status is determined by his effi• World War II. As a result, illegal also openly displayed on their ciency as an "earner," who is handguns can be sold to the J ap• meeting places and buildings. 6 required to pass profits to those at anese for as much as $5,000• Yakuza members undergo levels above him. This is a highly $7,000 each. Second, the U ni ted almost continuous tattoo opera• competitive system and is de• States serves as a place to invest tion , displaying snakes, dragons, signed to maintain pressure for excess capital. Finally, and per•

- ______October 1989 I 15 of the police , whom they often view as being corrupt or brutal. Furthermore, in the case of vic• timized Asian tourists , many re• turn home long before judicial proceedings have commenced. Asian crime is also more dif• ficult to investigate and prosecute because Asian citizens are reluc• tant to deal with the U. S. criminal justice system. Many do not understand the system and when , for example, a suspect is released on bail , it may appear as though the suspect did not actually com• mit a crime or paid off the police to secure a release. In fact, leaders

Pictured are the tattooed back and arms of an AOe gang member. of a tong in one area of the United States undertook a campaign to have themselves photographed with high-ranking police and/or city officials, thereby attempting to send out a message to the Asian haps the most significant , the drugs, never withhold money from community that the tong controls United States is prime territory for the gang, never appeal to the these officials. As one would their tourist business. Since Jap• police or law and never to disobey expect, this lack of understanding anese tourists, upon arrival in the superiors. One major difference is impedes citizens from reporting United States, are generally con• evident, however. Unlike the crime and/or cooperating with the fined by language to their own Yakuza, the LeN has little or no police. countrymen , they have little public standing and must remain In addition , many Asian eth• choice but to go where the tour an underground organization . 8 nic groups, in particular the Viet• operators direct them. Naturally, namese , are highly mobile and the tourists are subsequently PROBLEMS AOC PRESENTS have family or associates in directed to Yakuza-run bars, res• TO LAW ENFORCEMENT various parts of the United States. taurants and entertainment as a The problems encountered by This mobility supplies those in• result of previously made arrange• law enforcement with regard to volved in criminal activity with ments by the proprietors with the investigating AOe are somewhat convenient " hide outs " in the tour operators. unique, primarily due to cultural homes of unsuspecting relatives or As with the triad societies , and social factors . Since the over• associates. Those seeking to the Yakuza organizations bear a whelming majority of Asian crime escape from law enforcement may striking resemblance to the LeN, is confined to the Asian commu• also take advantage of unknowing particularly with regard to the nities or to individuals of Asian religious or nationalistic organiza• unwritten laws which govern their extraction , language differences tions legitimately chartered to activities. For example , Yakuza have a tendency to inhibit victims provide assistance to Asian immi• members are instructed never to or witnesses from reporting crimi• grants seeking to settle in the reveal the secrets of the organiza• nal offenses or interacting with United States. tion, never to violate the wife or non-Asians. Also, as a result of In an effort to predict future children of another member, never past experiences in their home• trends, the relinquishment of Hong become personally involved with lands , many Asians are suspicious Kong by Great Britain pursuant to the mandate of 1997 should be of Chinese criminals, particularly Footnotes fundamental interest to law en• since a ready-made criminal in• '''Asian Organized Crime in the Middle Atlant ic-Great Lake Region," Mid-Atlantic• forcement. lntell igence indicates, frastructure already exists in the Great Lakes Region Analytical Unit, Presi• to some extent, that although the United States in the form of de nt 's Commission on Organized Cri me of Peoples Republic of China has gangs . Asian Origin . September 1985 . 2Triad Societies ill HOllg KOllg, Govern• agreed to allow indigenous gov• ment Press, Hong Kong, China, 1960. ernment operations to continue for CONCLUSION 3Presidcnt ' Commission on Organized at least 50 years , the criminal In the United States, Chinese Crime of Asian Origin , Record of Hearing III , October 23-25, 1984, New York , NY . organizations , or at least high• and Japanese enterprises are %id. ranking individuals affiliated with involved in a multitude of illegal s" The As ian Report ," Special Investiga• these group , may flee Hong Kong activities. Law enforcement must tions Bureau, Los Angeles County Sheri ff's Department , Los Angeles. CA, January 1986. prior to the colony changing hands be prepared to face thi s unique "David E. Kapl an and Alec Du bro, and reverting to communist rule. challenge created by these crimi• YlIkuza: The Explosive AccoLlnt of Japall ' s The United States is likely to nal groups. The threats they po e Crimillal Underground (New York : Mac Millan Pu blishing Co .. 1986) . be the location of choice for these continue to increase and must be 7Supra note 3. criminal elements. An intense , dealt with accordingly so that law ' Supra note 3. concerted effort on the part of enforcement and the Nation are U . S. authorities will be required to not suddenly overwhelmed by this prevent the mass immigration of new wave of criminal activity . IF~~

Unusual Weapon

Disguised Dagger

While investigating a sus• picious vehicle incident, a Seaside Heights, NJ , patrolman di s• covered a cigarette lighter on a juvenile suspect. Hidden within this ordinary lighter was a knife with a 2-inch blade that extends and retracts by pressing a small button on the casing, With the blade extended, the weapon is 5 inches long.

______October 1989 I 17 The Bulletin Reports

Sexual Abuse Investigation Text

The National heriffs A 'so• Volume one of the two• issues, and news media relations. ciation ( SA) has published a volume text is de igned to help It i applicable for practitioners comprehensive text, Child Sexual professionals to respond appropri• and trainers from all agencies Assault: Confronting the Crisis, ately and effectively to alleged involved in investigating/prosecut• de igned for trainers and practi• child sexual assault, abuse, ing cases of CSAJOHCCS, tioners involved in investigating molestation, or exploitation in including law enforcement, child or prosecuting ca es of child sex• out-of-home child care settings. protective services, prosecutor ' ual assault in out-of-home child The second volume is a manual and State attorneys' offices, men• care settings (CSA/OHCCS) . In for trainers of professionals tal health and victim services. addition, NSA has developed cor• involved in investigations of To order the two-volume text responding training curricula CSAJOHCCS . or for further information on the aimed at assisting agencies and The training program focuses training program, contact NSA' s communities in establishing on such is ue as investigation Research and Development Divi• model guidelines and multi• procedures, interviewing strat• sion at 1-800-424-7827 (toll free) disciplinary teams (MOTs) to egies, the law and its application, or 1-703-836-7827. investigate and prosecute such community resources and referral, cases. stre s management, medical

Federal Criminal Cases

The number of offenders Also, Federal drug prosecutions months to 4 year and 7 months convicted of Federal crimes in increased by 153 percent, and the during the period. The large t U.S. district courts grew by number of drug offenders en• increases were for drug offense almost SO percent from 1980 to tenced to prison grew by 177 (up by 21 months) and weapons 1987, according to the report, percent. offenses (up by 16 months). The Federal Criminal Cases, By 1987 drug offenders con• average prison sentence received 1980-87, released by the Bureau stituted 30 percent of all men and by drug offenders grew from of Justice Statistics (BJS). During women convicted in U.S. district almost 4 years in 1980 to 5 years this same period, Federal drug court and 43 percent of all and 8 month in 1987 . convictions increased by 161 offenders sentenced to prison by SingLe copies of the speciaL percent. Federal judges. Drug offenders report, Federal Criminal Cases, U. S. attorneys prosecuted 74 also accounted for just over one• 1980-87, can be obtained from percent more people in U.S . di • half of all prison time imposed the NationaL CriminaL Justice tricts courts in 1987 than they did during 1987. Reference Service, Box 6000, in 1980, and the number of The average prison entence Rockville, MD 20850, or caLL offenders entenced to a prison for a Federal crime grew by 11 1-301-251-5500. term increased by 71 percent. months-from 3 years and 8

18 FBI Law Enforcement Bulletin ______Drug Resource Capital Punishment 1988 Information Six State executed 11 pris• one-half of I percent were under oners in 1988, bringing the total 20 year old; and 2 percent were A Drugs and Crime Re• number of executions to 104 since 55 years old or more. In addition, source Package ha been 1976, the year in which the U.S. from available information on compiled by the National Institute Supreme Court reinstated the death row prisoners: of Justice/National Criminal Jus• death penalty. Those executed • About 10 percent had not tice Reference Service (NlJ/ during 1988 had spent an average gone beyond 7th grade NCJRS). It contains available of 6 years and 8 months awaiting • About 10 percent had some information on research, statistics, execution. Capital Punishment college education and theories, which is critical to 1988, published by the Bureau of Justice Statistics, provides • The median level of successful anti-drug strategies. schooling was almost 11 years The package was developed detailed information on prisoners • Less than one-third were in response to the increasing under death sentences. married and almost 45 percent demand for quick, convenient As of December 31, 1988, had never been married access to drug-related research , 34 of the 37 States that authorize program evaluations, and stati sti• capital punishment held 2,124 • 68 percent had a prior fe lony cal analyses. The material prisoners who had been sentenced conviction and 9 percent had a examine innovations in drug to death-8 percent more than a prior homicide conviction . enforcement, treatment, preven• year earlier. All but one prisoner Single copies of the bulletin, tion, education, and control under a death sentence had been Capital Punishment 1988, can be policies; explore methods in u e convicted of murder. obtained from the National Crimi• by other agencies dealing with the Prisons in Southern States /lal Justice Reference Service, Nation' drug crisis; and provide held 59 percent of those sen• Box 6000, Rockville, MD 20850. drug-testing policy guidelines and tenced to death, 19 percent were The toll-Jree number is 1-800• crime and drug-use statistics. in the Western States, 16 percent 732-3277. For callers in Mary• To obtain the Drugs and in the Midwest, and almost 6 per• land and the Washington, DC, Crime Resource Package, call cent were held in the Northeastern metropolitan area, the number is NCJ RS toll free at 1-800• States of Pennsylvania, New 1-301-251-5500. 85 1-3420 to obtain ordering Jersey, and Connecticut. information. For callers in Marv• The median age of those on land and the Washington, DC, ' death row wa almost 33 years; metropolitan area, the number is 1-30/-251-5500.

The Bulletin Reports, a collection of criminal justice studies, reports, and project findings, is written by Kathy Sulewski. Send your material for consideration to : FBI Law Enforcement Bulletin, Room 7262, J. Edgar Hoover Building, 10th & Pennsylvania Ave. , NW, Wash• ington DC 20535. (NOTE: The material presented in this section is intended to be strictly an information source and should not be considered as an endorsement by the FBI for any product or service .)

______October 1989 / 19 A New Investigative Approach to Youth Gangs

By DET. EDWARD BURNS Homicide Division Police Department Baltimore, MD and THOMAS J. DEAKIN, J.D. Adjunct Professor American University Washington, DC

outh gangs reign supreme gangs in the context of a drug increase of the drug problem-has in many inner-city neigh• organization, using standard tech• made many standard investigative Y borhoods. They generate niques consistent with drug cases. approaches ineffective. an atmosphere of terror to main• However, the Baltimore, MD, tain their dominance, and at times, Police Department realized that Gang Structure their impact is so devastating that youth gangs are distinct in their To understand why many the youth of the neighborhood , structure, objective, and methods standard policing methods are their main targets, view atrocious of operations from the typical drug unsuccessful , it is essential to a saults to petty offenses as the organization and must be dealt understand the organizational "normal" response. with accordingly. Thi article structure of gangs and the methods Traditionally, local law demonstrates that the evolution of they use to control their territories. enforcement has investigated gangs-coupled with the dramatic Baltimore's gangs are organiza•

20 I FBI Law Enforcement Bulletin ______tions of tightly bonded youths con• systematic use of violence creates die class. This epidemic necessi• trolled by a single personality who a reign of terror that stiffles tated a redesigned response by law uses the group as the primary opposition and increases the enforcement. vehicle to gain and maintain a gang's influence. Whereas a drug Another reason for the failure position of power. Surfacing in his organization usually uses violence of traditional methods lies in a late teens or early twenties, the as a defense mechanism, a reac• gang's resistance to encroachment. group leader is manipulative, has a tion to a perceived crisi , gang Little or no information can be talent for leadership and organiza• members commit violent acts to developed to adequately assess a tion, and is motivated by an lay claim to a neighborhood and gang' size and the scope of its egoti tical desire to control others. make citizens fearful of them. influence. Also, gang member Those recruited by the leader Potential witnesses against the are unremitting in their efforts to to join the group are selected for gang are dealt with in violent thwart an investigation. They tam• their muscles, not their brains. ways. In turn, potential witnesses per with evidence, intimidate Under the direction of the gang or actual victims are reluctant to witnesses, and even accept pro• leader, the hardcore gang mem• cooperate with the police, fearing hibitive sentences rather than bers secure stash houses and retribution from the gang. provide information on other recruit expendable associates, such members. Because of the organi• as runners, lookouts, and other zational tructure, only the leader per onnel needed for a successful Ineffectiveness of Conventional knows of every involvement of the operation. Methods gang. In addition, large quantities In contrast, the drug organi• The Baltimore Police Depart• of money or drugs are not allowed zation is a small, loose confedera• ment last used conventional to accumulate, denying the inves• tion of individuals, usually in their methods for investigating youth tigator the fruits recognized in a late twenties or older. While gangs in 1982. One of the reasons successful investigation. leaders of drug organizations are was the influx of cocaine into the I imilar to those of youth gangs, city in the early 1980's. Primarily, their main objective differs. The the barriers confining hard drugs Prosecuting Gang Members drug leader wants to cash in on the in the inner city crashed. Drug While prosecuting crimes of lucrative drug market olely to dealers began plying their trade to violence individually is a deter• accumulate wealth and expand his a new group of addicts-the mid• rent, several factors argue against operation. The gang leader, on the other hand, seeks to control terri• tory and generate terror. In both groups, however, drug distribution and upport of the drug world dominate their activities.

Use of Violence For the youth gang leader, profit generated by drug dealings are used primarily to increase the gang's size and expand its influ• ence. As the gang grows, the leader maintains dominance over other members through rewards and violence, with the emphasis on violence. As a result of the leader's thirst for power, the gang Detective Burns Mr. Deakin is dri ven to generate terror. The

- --______October 1989 I 21 successfully prosecuting a gang understanding the gang, its leader, in many ways is the most produc• member. First, the homicide and the fact that his ambition tive approach. It places gang investigator's workload is so requires violence to carry out hi members in a vulnerable position arduous that it is difficult to will. The investigative goal must without expending a great deal of devote adequate time to a drug be to develop conspiracy cases investigative energy. This method homicide. Homicide units in many from evidence obtained through create added tension for the gang cities operate under MASH-like turning the gang's violence inward member by threatening perjury, or conditions, patching cases together toward vulnerable gang members. contempt for noncompliance, jux• taposed with a chance to escape a losing proposition, a promise of immunity-an ideal situation for The success of this investigative process lies in the interviewer. "understanding how the individual member is When the gang member is bonded to the gang. confronted in a pre-grand jury interview, the interviewer concen• trates on two areas. The first step is to determine if the gang mem• before the onslaught of new Senseless violence repel ber's sentiments are set again t the murders diverts attention to the many, even the most ardent" gang gang's use of violence, which is latest crisis. member. This approach take usually the desire of the leader. Second, gang-related ca es advantage of the tension violence This violence draws attention to are often investigated in a vac• creates within the gang and uses the gang, thus endangering its uum. The detective does not see this tension against the gang's very existence. By suggesting the the crime as part of a pattern, but leadership. gang leader has broken a covenant as a single act, and as a single act, Initially, this type of inve • with the gang, the interviewer the crime appears illogical. Fur• tigation requires identifying the causes the member to question ther, information cannot be gang's membership and its acts of continuing loyalty. obtained from gang members, and violence and victims, learning the The second area to exploit is time constraint and lack of funds gang's folklore, and developing elf-intere t. Leniency can be con• curtail the use of informants informants. The investigation then sidered in exchange for cooperat• needed to target members of the targets gang members outside the ing against the gang's leadership. group. gang's nucleus. The targets are This offers the gang member a Even if detectives overcome placed in real or imagined jeo• way of escaping full exposure for these obstacles, the likelihood of pardy in order to bring them into crimes which are not realistically conviction still remains slight. highly stylized interview situa• prosecutable due to lack of evi• Between arrest and trial , the gang tions, designed to change the dence. Since this member is not members, through the use of the member's allegiance from the the target of the investigation, and discovery process in the law, gang to the investigative team. there has been no attempt to gather move to dismantle the case. Wit• evidence against the member, nesses and their families are often Methods Used there is nothing lost in a grant of bribed, intimidated, or physically Creating the desired vulner• immunity. The primary focus is to threatened. If those methods fai I, able posture in a gang member can induce cooperation. gang members appear in court dur• be accomplished in three ways: 1) While stressing the gang ing the trial, and by their very Controlled arrest situations, 2) member's self-interest and opposi• presence, attempt to intimidate the interviews of randomly arrested tion to violence , the interviewer jury. gang members , or 3) use of the introduces other ideas-knowl• grand jury. While all three edge of the gang, inevitability of A New Investigative Approach methods produce the desired prosecution, cope of the inves• A ucces ful approach to effects, the use of the grand jury tigation, etC.-all de igned to con• counteract gang activities lies in vince the gang member to change

22 / FBI Law Enforcement Bulletin ______allegiance. Attention should be trolled a va t drug distribution net• From evidence gathered in drawn to the specialized nature of work, which employed four full• investigations, it appears that only the investigative team and its prior time gunmen and used eight other a few succumb to the violent men• successful track record. Detail of contract gunmen. The scope of tal i ty of the core grou p. The the investigator's methods are this investigation was broader in majority appear to be trapped shared . The gang member is that it employed the RICO statute, between their essentially good advised that those not targeted are using murder, drug trafficking, upbringing and fear of the gang's being interviewed and that others and money laundering as the pred• violence. It is within this group are cooperating with the investiga• icated crimes for the grand jury. that the dichotomy creates tension tion. It should be pointed out that The results were similar, with sev• and confusion, which this inves• there is no neutral ground-either eral members turning against the ti gative process exploits. This the member cooperates, falls afoul gang's nucleus. process proposes a resolution to of the grand jury, or becomes a the conflict by offering a gang target of the investigation. Success of the Strategy member a safe alternative to the In the overt grand jury phase The success of this investiga• gang. of the investigation, active street• tive process lies in understanding level informants in the gang's ter• how the individual member is Organizational Response ritory are harnessed to pinpoint bonded to the gang. In a world If the significance of the gang witnesses, identify nicknames, and where gangs flourish, joining a problem is understood within the report feedback concerning the gang is accepted as a way of bureaucracy, it argues for the crea• gang member's interview. This achieving status and money , as tion of a unit to deal specifically type of informant is invaluable, opposed to the alternatives of an with gangs. If such a unit is estab• and because of the nature of infor• lished , certain components are mation sought, is easily developed essential. and maintained with a minimum The unit should have the spe• expenditure of funds. The unit should have cific mission of attacking gangs In one particular homicide "the specific mission of that use any type of violence. It investigation involving a drug attacking gangs that should be small and self-contained gang of over 50 members, the use any type of and operate closely with the State's attorney authorized the use Homicide Unit, for that is where of a special grand jury to investi• violence. patterns of violence will be evi• gate. Approximately 40 gang dent. However, the two units members and civilian witnesses should not be combined because appeared before the panel. Within education , job, or sports. Youths of the Homicide Unit's constantly 5 months, 4 cases were prepared with minimal or no criminal "tend• shifting demands, created by the for trial , with 15 gang members encies are drawn to the gang and reactive nature of the crime. prepared to testify. Three of the fall under the tutelage of the The unit must be wed to a cases were prosecuted and convic• gang's leadership. However, most prosecution team, so that its most tions were secured against the members do not comprehend the effective tool, the grand jury, can nucleus of the gang. The fourth scope of the gang's lawlessness be fully used. This is critical to the case was not prosecuted in light of and are not prepared for the type process because the thrust of the the multiple life sentences given to of crime imposed on them. The investigation to convert potentially the same gang members by the degree of adaptation , or corrup• alienated gang members and guar• presiding judge. tion , depends on the individual 's anteed specific arrangements are This investigative process proclivity to crime. Criminal acts only within the purview of the was modified and used on a larger occur before the new member is prosecutor. scale in another gang investiga• able to make an intelligent choice, Because considerable inves• tion, with equally impressive thus the member is committed to ti gative time is spent on a gang's results. Three gang members con• the gang despite reservations. street activities, the unit should

______October 1989 / 23 Focus on Crime in the United States have liaison with designated dis• trict or precinct units. Once targets are identified, the district/precinct should be advised and officers • While the murder count ro e instructed to develop and record n 1988, the number of Index nationally, the number of information. These data allow the I crimes reported to law murders committed decreased 4 department to assess problems and enforcement rose 3 percent from percent from the 1979 figures. initiate solutions. the 1987 total. This figure was 17 Of the 20,675 murder victims In Baltimore, the unit dealing percent higher than in 1984 and in 1988, 75 percent were male, with gang problems is under the 14 percent above the 1979 level. 91 percent were 18 years of Inspectional Service Division, The 1988 total represents an aver• age or older, and 50 of every since it offers an existing com• age of 5,664 offenses per 100,000 100 were white. Over one-half mand structure that could absorb a persons residing in the United of the murder victims were new unit without a significant States. related to or acquainted with change to the organizational struc• Both violent crime and prop• their assailants. Firearms were ture. erty crime increased during 1988. Violent crime overall was up 6 the weapons used in approx• Conclusion percent from the previous year's imately 3 of every 5 murder . Law enforcement is not total, while property crime • In 1988, an estimated 73 of charged with making needed increased 3 percent during the every 100,000 females in the changes in society, but in coping same time period. country were reported rape vic• with the resultant symptoms. tims. Forcible rape trend for 5 Thus, law enforcement has had to Violent Crime and 10 years show the 1988 deal with the symptoms of youth Each of the violent crimes total of 92,486 victims was 10 gangs and their involvement in the registered higher volumes in percent over the 1984 figures drug culture during the past two 1988-murder rose 3 percent; for• and 21 percent above 1979. generations, but has had little cible rape, 2 percent; robbery, 5 • Over 500,000 robbery impact on the epidemic. percent: and aggravated assault, 6 offen es occurred in 1988. This This investigative strategy in percent. figure is 12 percent higher than dealing with inner-city gangs achieves primary goals. It demystifies the gang leader, dis• rupts the integrity of the gang, and generates evidence to prosecute the gang's leadership . It signifi• cantly impacts on both the gang members who cooperate and those who are targeted and prosecuted. Gangs use violence to con• tinue their activities in their ter• ritories. While this investigative approach deals only with certain symptoms of the overall drug problem, it concentrates on the power of a unique criminal , the Larceny· Theft gang leader. What must be real• 55% ized is that these leaders are vul• nerable , and the source of their strength, their own gang members, can be used against them.

24 / FBI Law Enforcement Bulletin -----I in 1984 i\nd 13 percent above the 1979 level. The estimated Regional Violent and Property Crime Rates national loss due to robberies 1988 was $343 mill ion . In 1988, 43 (per 100,000 inhabitants) percent of all robberies were committed through the use of strong-arm tactics, and firearms were used in 33 percent of the incidents. • The 1988 aggravated assault total , 910,092, was up 33 per• cent above the 1984 level and 45 percent over that of 1979. Aggravated assaults accounted for more than one-half of all reported violent crimes; the highest totals were recorded during July and August.

Property Crime Of the property crimes reported in 1988, larceny-theft rose 3 percent; motor vehicle theft, 11 percent; and arson , 1 percent. Burglary showed the only decline, down 1 percent from 1987. _ Violent Crime Rate • Over 3.2 million burglary offenses occurred during 1988. c=J Property Crime Rate Two of every 3 were residential offenses, and 70 percent involved forcible entry. The arrests for Index crimes and 20 lion. Structures were the most total estimated loss due to this percent of all female arrests. frequent targets of arsonists, property crime was $3.3 bil• comprising 55 percent of the lion. Of the arrestees, 92 • An estimated average of 1 of incidents reported, of which 62 percent were males and 67 per• every 128 registered motor percent involved residential cent were under 25 years of vehicles was stolen nationwide property. Arson had the highest age. during 1988, accounting for an estimated loss of over $7 bil• percentage of juvenile involve• • Accounting for 55 percent of lion . The 1988 motor vehicle ment than any other Index the Crime Index total and 62 theft total increased 39 percent crime; 39 percent involved only percent of the property crimes, over the 1984 volume and 29 young people under age 18. larceny-thefts were estimated at percent over the 1979 experi• Sixty-three percent of the per• 7.7 million offense during ence. Of the persons arrested sons arrested for arson were 1988 . This total was 17 percent for this offense, 90 percent under 25 years of age, 87 per• above both the 1984 and 1979 were males, 59 percent were cent were males, and 73 levels. The loss to victims due white, and 58 percent were percent were white. to larcenies was an estimated under 21 years of age. (Source : Crime in the 3.3 billion in 1988. As in pre• United States-1988, Uniform vious years, more females were • Over 100,000 incidents of arson were reported in 1988 , Crime Reporting Program, Fed• arrested for this Index crime eral Bureau of Investigation , than for any other, and in which accounted for a national Washin gton , DC.) [p ~~ 1988 , this single offense estimated loss of over $1 bil• accounted for 78 percent of

October 1989 I 25 Book Review

strengths of the men, women and ment and the control of AIDS in processes that make up our crimi- the prison environment, are S£CONOEOfflON nal justice system. explored with documented CRIME AND Traditionally, books of this thought and reason. For example, JUSTICE IN type tend to bore readers with the authors' look at the juvenile AMERICA mundane facts and stati tics justice system reveals that as is which do little to bridge the gap the case in many of the problems between the academic and the facing crime and justice, there are realistic approache to criminal no easy an wers. The book close A HUMAN PERSPECTIVE justice. The authors diverted from with an examination of the hi tory •• that approach and wrote a factual of crime control and the future and intere ting book that is also trends of community involvement Leonard Territo James Halsled Max Bromlev enjoyable to read . The use of ca e as critical elements needed in suc- studies, newspaper article , and cessful crime prevention. real­life experiences entertain the Crime and Justice in Amer• Crime and Justice in Amer• reader while emphasizing the ica defines crime and crime's ica: A Human Perspective, by points made throughout the chap- impact on society in clear, easy- Leonard Territo, James Halsted ters. In addition, the issue papers to­read language and deals with and Max Bromley, West Publish- presented at the conclusion of complex issues in a straightfor- ing Company, St. Paul, MN, each chapter complement the ward manner. The authors' 1989. authors' work and et forth approach to the analysis of the A need exists for a com- intriguing concepts and situations criminal ju tice system tells a prehensive look at crime and found in the criminal justice well­documented, interesting, and justice in American society. The system. entertaining story of the past, the authors of Crime and Justice in New topics in the field of present, and the future of crime America: A Human Perspective law enforcement, such as victim's and justice in America. have responded to that need. This rights, juvenile ju tice and crime Reviewed by well­written, easy­to­read book control , deal with the dynamics SA Marguerite A. Bennet covers topics of interest to anyone inside the criminal justice system Education/Communication working in the criminal justice and direct concern toward today's Arts Unit system. Crime and Justice in issues and tomorrow's trends. FBI Academy America also takes a frank look at These topics and others, including Quantico, V A the myths, weaknesses, and higher education in law enforce-

26 I FBI Law Enforcement Bulletin ______

1 J Traffic Stops Police Powers Under The Fourth Amendment

By JOHN GALES SAULS Special Agent FBI Academy Legal Counsel Division Quantico, VA

raffic stops take place as search or arrest of the occupants APPLICATION OF THE thousands of times each of a topped car or a search of the FOURTH AMENDMENT T day in the United States. car itself require specific factual As was noted in the first part Such stops frequently lead to the justification in order to comply of this article, the fourth amend• di covery of criminal conduct con• with constitutional requirements. ment to the U. S. Constitution siderably more serious than traffic Consequently, it is essential for limits the powers of the police to violations. As was discussed in the the officer making a traffic stop to perform searches and seizure , first part of this article, officers know which investigative actions requiring that any such search or stopping a car have authorization require a factual predicate if con• seizure performed be "reason• to take certain investigative and titutional compliance is to be able. "36 Generally, satisfaction of protective steps without having to achieved, and what specific types this "reasonableness" requirement show any facts other than that the of facts must be present in order to necessitates that police officers initial stop of the car was lawful. justify such actions. obtain prior judicial approval in The taking of additional steps such the form of an arrest or search

------___ October 1989 / 27 Special Agent Sauls remove it. The object the officer had felt was a .38 caliber revolver. This type of pat-down or frisk search was first approved by the U.S . Supreme Court in the case Terry v. Ohio. 42 [n order for such . .. officers must have a search to be lawfully performed , " the officer making the search mu st the necessary know facts that would cause a rea• knowledge to keep sonable person to suspect that the their actions within person to be searched is armed and constitutional limits. consequently posing a threat to the officer or others. 43 In Mimms the peculiar appearance of the driver's outer " clothing provided the factual ju ti• fication for a pat-down search. warrant before a search or seizure constitutes a search or seizure for Other facts that might cause an is performed.37 Particularly where fourth amendment purposes. All officer to reasonably suspect that a vehicles are concerned, the U. S . of the actions that are the subject person he ha stopped is armed are Supreme Court has recognized a of subsequent discussion in this almost too numerous to catalog. number of exceptions to the war• article constitute searches or sei• Officers should weigh the facts in rant requirement that allow under zures. Second, the officer needs to a specific instance and make a certain circumstances searches and decide whether one of the excep• quick common sense determina• seizures to be rea onably per• tions to the warrant requirement tion of the legality of a pat• formed without prior judicial potentially applies in his situation. down.44 They should be prepared approval .38 Third, where a recognized excep• at a later time to recount the spe• Each of these recognized tion potentially applies, the ·officer cific facts that caused them to sus• exceptions has its own set of must determine whether the pect that the person searched was requ irements , necessary factual required factual predicates are armed. predicates that must be present present. Finally , he must deter• [t is important also that before the exception applies, and mine whether the contemplated officers performing a pat-down specific limits on the scope of action is within the scope allowed search restrict their actions to action allowed where no warrant is under the particular exception that those allowed by this exception to obtained. 39 Because where officers is being applied. the warrant requirement. The act without a warrant the govern• search begins with a pat-down of ment bears the burden of proving Pat-Down Searches of Detained the person's outer clothing 4S It that an exception to the warrant Suspects may proceed to an entry into the requirement justified their In Pennsylvania v . Mimms,41 clothing or removal of the clothing action,40 it is especially important officers of the Philadelphia Police only where the pat-down reveals that officers know the standards Department stopped a car because some item reasonably suspected to for these exceptions. The officer the license plate displayed on it be a deadly weapon , or where who has stopped a car and is con• had expired . The officers ordered outer clothing is of a thickness or templating taking actions beyond the driver from the car and noticed nature that a pat-down cannot those discussed in part one of this a bulge under his sport coat when determine whether a weapon may article should consider a series of he emerged. One of the officers be present. 46 The entry into the questions to insure his actions do immediately patted the outside of clothing can be no more extensive not stray beyond constitutional the man's coat with his hand , felt than necessary to locate and limits . First , he should decide what he believed to be a revolver, remove the. suspected weapon for whether the contemplated action and reached under the coat to

28 I FBI Law Enforcement Bulletin ______examination. 47 As will be dis• earch of the car's interior.49 The be expected to be accomplished cussed in detail hereafter, an Court held that where officer rea• without ubstantial additional officer who has developed proba• onably suspect the presence of delay. 53 As the Supreme Court has ble cause to arrest a person has readily accessible deadly weapons stated, "In assessing whether a much greater latitude in perform• in a lawfully stopped vehicle, they detention is too long in duration to ing a lawful search of that person. may make a limited search of the be justified as an investigative vehicle's interior for the purpose stop, we con ider it appropriate to The Vehicular Pat-Down of locating and controlling the examine whether the police dili• In Michigan v. Long ,48 two weapons. 50 In performing such a gently pur ued a means of inves• officers patrolling a country road search, an officer must restrict his tigation that was likely to confirm in a squad car late at night saw a examination to those places where or dispel their suspicions quickly, car being operated at an excessive readily accessible weapon might during which time it was neces• speed and in an erratic manner. be concealed.51 This authorization sary to detain the [suspect]. "54 Before they could stop the car it presumably would not allow an Clearly this statement sets no spe• turned off the road onto a side examination of portions of the car cific time limit on temporary road and swerved into a ditch. beyond the passenger compart• detentions. It does, however, Long, the sole occupant of the car, ment. emphasize the burden on the met the officers at its rear. The officer to demonstrate with facts dri ver' s door remained open. Extending the Duration of the reasonableness of his actions. Long, after two requests , pro• the Stop duced his driver's license, and An investigative detention is Arrest of Occupants after a second request for the vehi• different from an arrest in Where persons who have cle registration, started walking numerous ways, including the per• been detained are in fact engaged toward the open driver's door. The missible duration of the seizure. in criminal behavior, the goal of officers went along with him and Since the investigative detention is the detention is to gather sufficient before Long could enter the car supported by a factual justification facts to justify an arrest. Presum• they saw a large hunting knife on less than probable cause, it must ing that the officer has statutory the vehicle's floorboard. They be temporary in nature. 52 For authority to arrest, a legal arrest halted Long's motion, and sus• example, suppose an officer holds requires that the officer possess pecting that he might also have a weapon on his person, performed a pat-down search. They found no weapons. Suspecting that there "... it is essential for the officer making a traffic might be other weapons in the car, one officer shined his flashlight stop to know which investigative actions require into the interior, saw a pouch pro• a factual predicate .... truding from beneath the car's center armrest, and entered the car and raised the armrest to examine it. The pouch was open and was a car and its occupants in an inves• facts at the time of the arrest that found to contain marijuana. This tigative detention for a period would cause a reasonable person" discovery prompted Long's arrest. extending beyond a few minutes to conclude that a crime probably In assessing the reasonable• and has not yet gathered facts has been committed and that the ness of this warrantless entry and amounting to probable cause to person arrested probably com• the limited search of Long's car, arrest or search; the officer must mitted that crime. 55 Once an the Supreme Court approved the be prepared to show that the officer has acquired probable officers' actions by noting both the extension of time was necessary cause to arrest, he may lawfully factual justification for suspecting for legitimate safety reasons or for exercise much greater dominion the presence of weapons and the the completion of logical inves• over the person he has detained. 56 circumscribed nature of their tigative steps that could reasonably The time limitation associated with investigative detention is no

______October 1989 I 29 longer applicable so that the because it was being operated in whether they are open or closed . 66 officer may hold the person a sub• excess of the speed limit. The car Searches of areas beyond the pas• tantial period of time without was occupied by four men , includ• senger compartment, such as the concern for constitutional limita• ing Belton. The officer asked the trunk,67 and perhaps searches of tions Y The officer may also use driver for hi driver's license and locked containers located in the restraining device , such as hand• the car's registration, and through passenger compartment require cuffs, without a need for a specific questioning, learned that none of some other justification if the showing of necessity, and may the occupants were the owner or search is to be lawful. 68 also relocate the arre tee with no were related to the owner of the This search authorization is a particular showing of need. 58 A car. During this time the officer powerful tool for law enforce• full search of the arrestee's person smelled the odor of burning mari• ment. Its requirements are rigid, is also authorized. 59 These juana and saw on the floorboard of however, and delay of the search expanded powers are available to the car an envelope marked so that it is not contemporaneous an officer at the commencement of "Supergold, " a term he associ• with the arrest, or relocation of the a stop in the circumstances where ated with marijuana. He arrested car before the search is performed, an officer already has probable all four men at this point for pos• will prevent its valid application.69 cause to arrest. As a result, a stop session of marijuana and removed for the purpose of making an them from the car. He then Vehicle Exception Search arrest can be very different at the removed the envelope from the Under certain circumstances, outset than one that is performed floor of the car and found that it officers may make an extensive to effect merely an investigative indeed contained marijuana. At search of a vehicle located in a detention. Obviously, it is benefi• this point he searched each of the public place without a search war• cial for an officer to know at the men he had arrested , and then rant. 70 The first requirement for outset the purpose and justification making such a search is that the for a particular stop. officer pos e s facts that would cause a reasonable person to con• Search Incident to Arrest Officers should weigh clude that evidence of a crime or In addition to searching the the facts ... and make a contraband is probably concealed " 7 person of an arrestee, officers may quick common sense in a vehicle. ) Second, the vehicle perform a search of the passenger determination of the must be located in a place to compartment of the car as an inci• which the officers have lawful dent to the arrest of an occupant so legality of a pat-down. access. 72 Finally, the search must long as certain conditions are sat• be restricted in scope to places isfied. 6O First, the occupant's where the evidence sought might arre t must be a lawful , custodial " be concealed (for example, an arrest. 6) Second, the search must searched the passenger compart• officer would not be justified in be contemporaneous with the ment of the car where he found a searching a small jewelry box arrest, commencing no later than black leather jacket on the rear where the item being sought is a the time the arrestee has been seat. In the pocket of the jacket he shotgun). 73 placed afely under control. 62 found cocaine. An example of such a vehicle Third , the search must be con• In passing on the reasonable• exception search is found in ducted before the car is moved. 63 ness of th is search , the Court United States v . Ross ,74 where Finally, the search must not denoted a " bright line" rule officers developed information exceed the scope allowed under regarding the perm is ible scope of from a reliable informant that a this exception to the warrant a search incident to arrest under person named Bandit was selling requirement. 64 these circumstances; the Court narcotics kept in the trunk of a car The U.S . Supreme Court ruled that officers are constitu• parked at a specific address . The marked the boundaries of such a tionally authorized to perform a source stated that Bandit had just earch in New York v. Belton. 65 In full search of the car's passenger completed a sale out of the car and Belton, an officer stopped a car compartment, including a search had told the source that he had of any containers found therein additional narcotics in the trunk. from the outset, and to conduct the intere ts of the owner of a car, it is The car was described as a "pur• contemporaneous full search of the necessary for an officer to plish maroon" Chevrolet Malibu passenger compartment incident to impound a car he has stopped. For with District of Columbia license the man's arrest. Second, because example, where the car is stopped plates. Officers immediately drove the officers had probable cause to o that it is obstructing traffic or to the addre s they had been believe evidence of a crime was stopped in a place where it may given, saw a Malibu that matched present in the car before the stop not be safely parked and the driver the description they had been commenced, they also had imme• has been arrested, the officer must given, but saw no one nearby. To diate authority to search any place take custody of the vehicle. 78 avoid alerting persons on the in the car where the evidence Under such circumstances, an street, the officers then left the area. Five minutes later they returned and saw the Malibu being driven on the street, saw that the ... officers performing a pat-down [should] driver matched the description "restrict their actions to those allowed by this they had been given of Bandit, exception to the warrant requirement. and stopped the car. The driver was ordered from the car and searched (incident to his arrest), and the interior of the car was sought might be concealed. This officer may legally examine" the searched resulting in the discovery search authority is not circum• car and it contents so long as cer• of a pistol in the glove compart• scribed by the rigid contempo• tain requirements are satisfied. 79 ment. At this point the trunk of the raneousness requirement of the The justifications for this examina• car was opened, one of the search incident to arrest exception tion include the need to protect the officers located a paper bag, so that under the vehicle exception owner's property as well as the opened it and discovered glassine a later search of the passenger officer's interest in locating haz• envelopes containing white compartment (as well as other ardous items, and also his need to powder. The bag was left in the places where the evidence might verify what items are present so as trunk which was then closed, and be concealed) conducted at a place to avoid later false claims. 80 the car was driven to the police other than where the stop occurred A lawful impoundment station . There the car was thor• is still lawful. 77 inventory requires first that the oughly searched, and $3200 in Officers are cautioned, officer lawfully acquire custody of cash was located in a zippered however, that possession of proba• the vehicle. Consequently, both leather ca e. The search of the ble cause to arrest is no guarantee the legality of the stop and the trunk of the car, the paper bag and of probable cause to search. Not necessity of taking control of the the leather case were approved by infrequently an officer will possess vehicle must be shown.81 Second, the Supreme Court as components probable cause to arrest an occu• the officer must show that the of a valid vehicle exception pant of a car without having any inventory was conducted pursuant search. 75 The search of the bag facts indicating that there is evi• to a standard, uniformly applied and pouch were proper because dence of a crime in the car. Under inventory policy . 82 Finally, the they were both items that could these circumstances, the officer' s officer must show that his exam• contain narcotics. 76 search authority will be limited to ination was within the scope of Two other aspects of the Ross the contemporaneous search of the search allowed, that he restricted facts are noteworthy. First, passenger compartment incident to his examination to places where because the officers had probable the arrest, unless facts amounting valuables or hazardous items cause to arrest the driver of the car to probable cause to search later might likely be concealed. 83 This before the stop began, they had come to light. logically include the passenger immediate authorization to law• compartment, glove compartment, fully take full control of the man Impoundment Inventory trunk, and the contents of any con• Frequently , for rea ons of tainers found therein. 84 public safety and to protect the

______October 1989 I 31 Wanted

Plain View Seizures 51/d. by the FBI 52See Ullited States v. Shwpe , 470 U.S. If during the scope of a law- 675 ( 1985) . ful search of the types previously 5.lld. "di scussed an officer comes upon 541d. at 686. 55Draper v. United States, 358 U.S . 307 items that he has probable cause to ( 1959). believe are evidence, he may seize 56See Washington v. Chrisman, 455 U.S. I ( 1982). these items without a warrant. 85 571d. See also Dunall'ay v. New York , 442 The officer must be prepared to U.S. 200 (1979). show that when the item was 5sld. observed, the officer was lawfully 59United States v. Robinsoll, 414 U.S. 2 18 (1973). Retouched photographs taken 1986 present in a place where he could IJWew York v. Beltoll, supra note 38. make the seizure, and that upon 61/d. Phung Vuong, observing the item, he had proba- 621d. also known as Phung Voung. 6.lld. See also Prestoll v. United States, ble cause to believe that the item W; born 3-16-63 (not supported by birth 376 U.S. 364 (1964). records) ; Saigon, Vietnam ; 5'5"; 130 Ibs; 86 was subject to seizure. 64ld. slender bid ; blk hair; brn eyes; med comp; 65 Supra note 38. occ-fisherman, machine operator, beef 66ld. processor, sheet metal worker; remarks: 671d. CONCLUSION Vuong may be traveling with Hung Huu 68 But see United States v. McCrady, 774 Officers making traffic stops Nguyen, FBI Identification Order 5974, who F.2d 868 (8th CiT. 1985) . is also wanted by law enforcement are confronted with substantial 69See, e.g .. State v. Badgett, 512 A.2d authorities. challenges and also with substan- 160 (Conn . 1986). Wanted by FBI for INTERSTATE FLiGHT- 7oCarroll v. United States, supra note 38; tial opportunities to lawfully fur- MURDER; AGGRAVATED ROBBERY; United States v. Ross, 456 U.S. 798 (1982); AGGRAVATED BATTERY; AGGRAVATED ther investigative objectives . To California v. Carney, supra note 38 . BURGLARY 71Chambers v. Maroney, 399 U.S . 42 meet these challenges and benefit (1970). NCIC Classification: from the opportunities, officers nCw'dwell v. Lewis, 4 17 U.S. 583 1912131711 PM1213PODI must have the necessary knowl- (1974); Coolidge v. New Hampshire, 403 U.S. Fingerprint Classification: 443 (1971); California v. Carney, supra note 19 L 6 U 000 11 Ref: 8 6 8 edge to keep their actions within 38. constitutional limits. Such in- 7.l United States v. Ross. supra note 70. M2UOOO 2 10 10 formed restraint will insure the 74456 U.S. 798 (1982) . admissibility of any evidence 751d. 1.0. 5075 761d. at 821. Social Security Number Used: 550­:59- acquired, as well as protect cit- 77See Chambers v. Marolley, supra note 4002 izens' legitimate privacy interests. 71. FBI No. 348 000 FA5 ~~~ 78See Michigall v. Thomas, 458 U.S. 259 (1982). Caution 79South Dakota v. Oppermall , supra note Footnotes 38. Vuong is being sought in connection with the shooting murder of two male victims 36 U.S. Const. amend. IV. 'Old. and the robbery of others during a robbery/ 37See Katz v. United States, 389 U.S. 347 81Supra note 78. burglary of a residence. Consider armed ( 1967). 82Supra note 79. and dangerous. 38See Carroll v. United States, 267 U.S. 831d. 132 (1925); South Dakota v. Opperman , 428 84Colorado v. Bertine, 107 S.Ct. 738 U.S. 364 (1976): California v. Carney, 471 (1987). U.S. 386 (1985) ; New York v. Belton, 453 85Coolidge v. New Hampshire, supra note U.S. 454 (1981) . 72 ; Texas v. BrolVn, 460 U.S. 730 (1983). 391d. 861d. 4()See Katz v. United States , 389 U.S. 347 ( 1967). 41 434 U.S. 106 ( 1977). 42392 U.S. 1 ( 1968). 431d. Right ring fingerprint " Id. See also United States v. Sokololl'. Law enforcement officers of other than 195 S. Ct. 1581 (1989). Federal jurisdiction who are interested in 45Supra note 42. any legal issue discussed in this article 461d. should consult their legal adviser. Some 471d. police procedures ruled permissible under '"463 U.S. 1032 ( 1983). Federal constitutional law are of question• 4"ld. at 1051. able legality under State law or are not "'Id. permitted at all.

32 I FBI Law Enforcement Bulletin ­­­­­­­­­­­­­­­­­­­­­­­­1 The Bulletin Notes

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

Officer Charles Rimer of the Trooper Harry McKinley Greenville, SC, Police Depart• Coker of the South Carolina ment was off-duty and enjoying Highway Patrol lost his life in the an evening of fishing when he line of duty while saving noticed a nearby boat make a another's. Trooper Coker and the sharp turn and begin to circle in driver of a jack-knifed truck were the water. While maneuvering his replacing a fallen stop sign to boat toward the troubled craft, avoid any further accidents. Officer Rimer and his companion While they worked on the sign, a saw a man struggle briefly to stay car passing on the highway lost afloat and then disappear below control and veered toward them. the surface of the water. Officer Trooper Coker, seeing what was Rimer dove in and pulled the man about to happen, had time to to another boat which had ap• jump out of the way. He chose, Officer Rimer proached the scene. There, however, to push the truck driver Officer Rimer administered first out of the path of the oncoming aid to the unconscious victim vehicle. Subsequently, Trooper until medical as istance arrived. Coker received the full blow of the impact and was killed instantly.

While attempting to take a suspect into custody, Sgt. Gary Kuehl of the Clatskanie, OR, Police Department became involved in a tense hostage situa• tion. The uspect pulled out a concealed gun and took the police chief, who was assisting in the arrest, as a hostage. Eventually, Officer Kuehl distracted the sus• pect, thereby giving the chief an opportunity to overpower and subdue the subject. Sergeant Kuehl u.s. Department of Justice Second Class Mail Federal Bureau of Investigation Postage and Fees Paid Federal Bureau of Investigation ISSN 0014­5688

Washington, D.C. 20535

Official Business Penalty for Private Use $300 Address Correction Requested

Major Art Theft

The two pictured paintings by Perillo, as well as many other valuable paintings featuring American Indian themes, were stolen during a Staten Island , New York, burglary in 1983 . Any information concerning this theft should be directed to the FBI's Brooklyn­Queens, New York Office at (718) 459­3140. Refer to their file number 87 A­85287. You may also contact the National Stolen Art File, FBI Laboratory , Washington, DC , at (202) 324­4434.

Top: The Courtship by PeriI/o, 24" x 30" Right: rv10ther and Child by Perillo, 24" x 30"