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February 1987

Law Enforcement Bulletin February 1987, Volume 56, Number 2

1 and Its Impact on the By Sean M. McWeeney

11 A Tradition of Excellence: The Southern Police Institute By Norman E. Pomrenke and B. Edward Campbell

~@~[fl)~ @ll W~@w 15 "Men and Women Who Wear the Badge ... That Others May Find Their Way" By Hon. Peter T. Fay

~[i'@®® ~@O@~~ @[fl)® 18 An Automated News Media System By Roger Dickson

[1,@@@O [Q)~@@®~ 22 Intrusive Body Searches: A Question of Reasonableness e By Kimberly A. Kingston, J.D.

31 Wanted by the FBI lJSWU Law Enforcement Bulletin

United States Department of Justice Published by the Office of The Cover: Federal Bureau of Investigation Congressional and Public Affairs, A media computer network system facilitates William M. Baker, Assistant Director the interaction between a law enforcement agency Washington, DC 20535 and the local media by offering more­comprehen- sive news coverage. See article p. 18. William H. Webster, Director Editor-Thomas J . Deakin Assistant Editor­Kathryn E. Sulewski Art Director- Kevin J . Mulholland The FBI Law Enforcement Bulletin The Attorney General has determined that the Production Manager­Mark A. Zettler publication of this periodical is necessary in the (ISSN­0014­5688) is published monthly by the transaction of the public business required by Reprints - Beth Corbin Federal Bureau of Investigation, 10th and Penn· law of the Department of Justice. Use of funds sylvania Ave ., N.W., Washington, DC 20535. for printing this periodical has been approved Second­class postage paid at Washington , DC . by the Director of the Office of Management Postmaster: Send address changes to Federal and Budget through June 6, 1988. Bureau of Investigation, FBI Law Enforcement Bulletin, Wash ington , DC 20535.

ISSN 0014­5688 USPS 383­310 l The and Its Impact on the United States

By SEAN M. McWEENEY Inspector in Charge Office of Uaison and International Affairs Federal Bureau of Investigation Washington, DC

The Sicilian Mafia has, through Spanish kings ruled and Si• Many say the " father" of the Si• corruption, guile, assassination, extor• cily from 1504 to 1707 and from 1738 to cilian Mafia is Giuseppe Mazzini , a tion, terror, and manipulation, fostered 1860. During the first Spanish reign, the associate who came into a climate where they have established criminal organization we now know as power in 1860 when groups of themselves as the premier criminal the "Camorra" was founded in Naples. he formed overthrew Bourbon invaders group in , with tentacles principally This initial organization was a mix of in• in . Mazzini, a scholar and ad• in Western Europe and vading Spaniards and Neapolitans, and venturer, founded the " So• and South America. it was based on rules and codes of an ciety" in 1831, after being released Research for this article was con• earlier Spanish criminal society called from prison where he was sent by the ducted to determine the extent of the the " Garduna."1 During the second French for revolutionary activity.2 The Sicilian Mafia's influence and presence Spanish invasion, the " Sicilian Mafia" articles of organization for the Young in the United States, their criminal ac• was formed from leaders connected to Italy Society were drawn from tenets of tivities with special emphasis on the Camorra, which was the most pow• the Camorra and later became the trafficking, the degree and nature of as• erful criminal organization in Italy for basis of the Sicilian Mafia organization. sociation with the American LCN and most of the 18th and 19th centuries. The word "Mafia" appeared for the first other criminal organizations, partic• The Garduna, Camorra, and Si• time in public print in November 1860, ularly the Italian Camorra and N'Dran• cilian Mafia all had common features, where it was conceded publicly that a gheta groups, and the overall impact Le ., each existed to sell criminal serv• Camorra system had been transplanted they are having in the United States. ices, whether to individuals or busi• to Palermo and the Sicilian countryside. The article traces the Sicilian Mafia's nesses or the lawful government itself. By the 1870's, the original Sicilian Mafia, called the "Palermo Mafia," was development and growth here in the All three had a formal organizational a mixture of idealists, revolutionaries, United States and how American and structure, with each group improving on hill bandits, and groups called " Iati• Italian law enforcement has reacted to the other. The Camorra organized its funda guards" (armed men who pro• it. members into what they called " bri• gades" (brigata), while the Sicilian tected large estates owned by absen• HISTORY OF THE SICILIAN MAFIA Mafia organized its rank and file into tee landlords). From the protection of Early Years - "families" (famiglias). All three had private property for a fee, the Sicilian The Sicilian Mafia's main influence strict rituals (the kiss on the cheek to a " Mafiosi," by taking advantage of a is in the region of Italy known as the prospective assassination victim; the growing popular fear, extended his "mezzogiorno" (The Southern Region), pricking or lancing of one's finger to "government" (the Sicilian Mafia) to at• an area which is also " home turf" to draw blood to indicate undying loyalty tacking the state itself.3 With this grow• Italy's two other major to the "family"). And each organization ing power, the Sicilian Mafia rapidly groups - the Camorra and the N'Dran• had a strict code of silence, or as it is spread outward from Palermo into the gheta. known today, "omerta." small towns and villages that dot Sicily.

------______Februa~1987 / 1 A prestigious Mafiosi , Giuseppe This American-run Mafia, with Si• Esposito, from Palermo was the first cilian imports, stamped its indelible known Sicilian Mafia member to emi• mark on American society on October grate to the United States. In November 15, 1890, when Macheca's New Or• 1878, Esposito and six other Sicilians leans " family" murdered David Hen• arrived by boat in from nessey who, after Esposito's arrest, Palermo via , , after had risen to chief of police for New Or• being forced to flee Sicily for the murder leans. Ten men were charged with of 11 wealthy landowners and the chan• Hennessey's murder, and after a cellor and vice-chancellor of a Sicilian lengthy trial, all were acquitted. The ac• province. 4 quittals created a sensation, and an an• Special Agent McWeeney gry crowd immediately attacked Parish Early Years - America Prison, the New Orleans " Bastille," The New York City that Giuseppe where 19 Sicilians were housed. The Esposito and his six-man crew found New Orleans roared through the was hostile to non-English speakers, prison and the eventual carnage re• very cold as the winter season was set• sulted in what has been called the ting in , and politically and criminally largest lynching in American history. dominated by the Irish and Jews. Es• Sixteen were killed, some shot, some posito, seeking a warmer climate and clubbed to death, and others hanged sensing the hostile environment in New from lampposts.5 York, almost immediately moved from Although New Orleans Mafia New York to New Orleans, a city with a origins are well-documented in Ameri• large Sicilian community. . can annals and can be traced directly to In New Orleans, Esposito ran the Sicilian Mafia links in Sicily, it was not growing Sicilian Mafia clan there until the only American city that had Sicilian his arrest in 1881 by a famous New Or• Mafia societies in the late 1800's. Si• leans police official, David Hennessey. cilian Mafia families were organized as Hennessey arrested Esposito on an early as 1890 in San Francisco, St. outstanding Italian fugitive warrant and Louis, , New York, and proba• sent him to New York, where he was bly Boston. eventually extradited to Italy. Esposito was replaced as "boss" 1920's-1930's - Sicily and America by the first recognized American-born After took over leader of a Mafia group, Joseph Ma• the Italian Government in the early checa, born in New Orleans of Sicilian 1920's and ushered in the Fascist parents. Macheca and his chief associ• Period, the famous Mori Operation ate, Charles Matranga, reinforced the started. Cesare Mori, a retired, sup• New Orleans organization with nu• posedly incorruptible crime fighter, was merous recruits from Sicily, a recruit• designated Prefect (chief of police) of ment feature we have seen repeated Palermo by Mussolini and ordered to over and over again through the years destroy the Sicilian Mafia. Mori, known by the American LCN. as the " Iron Prefect," arrested thou• sands of suspected Sicilian Mafia mem• bers and their associates, shipped many of the suspected Mafiosi to penal islands, and had numerous others ex• ecuted. Often, Prefect Mori had entire

2 / FBI Law Enforcement Bulletin ______• ORIGINS of SICILIAN MAFIA GROUPS

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______February1987 / 3 u ••• Italian and American law enforcement investigators estimate that as much as 70 percent of the heroin entering the United States comes by individual Sicilian Mafia members or assocla. tes.... " towns depopulated as he carried out his when Masseria was gunned down in a by French-Corsicans teamed with Si• purge of the Sicilian Mafia.6 Coney Island restaurant, having been cilian Mafia and American La Cosa Although Mussolini announced to lured there by and Vito Nostra members and associates. Diplo• the world in 1927 that the Mori Opera• Genovese, who had secretly struck a matic initiatives between the United tion was a success and that the Sicilian deal with Maranzano. States, France, and and inves• Mafia had been eliminated, he was Two weeks later, Maranzano con• tigative breakthroughs by the En• wrong. In fact, the strong roots of the Si• vened a meeting in of all forcement Administration (DEA) and cilian Mafia remained. The high-ranking Mafia members. This became the first the French and Italian police forces Mafiosi either joined the "enemy" (the official meeting of the American La blunted the by the Fascist Party), or as we know now, emi• Cosa Nostra. Joe Valachi, who was a early 1970's. Later, French-Corsicans grated to the United States and formed Government witness, attended this and Sicilian Mafia traffickers attempted the base of the American LCN. Some of meeting and told investigators that Mar• to reestablish the Marseilles region lab• the more notorious individuals that ar• anzano set forth for all present the offi• oratories, but immediate police action rived in the United States at this time cial code or principles of Cos a Nostra stopped the effort. Today, DEA does were Carlos Gambino, Stefano Mag• (Our Thing). At the meeting, according not consider France to be a major pro• gadino, , Joe Magliocco, to Valachi, Maranzano divided Cosa ducer of heroin sold on the American , and Salvatore Mar• Nostra into new families, with New York market. anzano. They joined earlier Sicilian ar• having five separate LCN families. Mar• rivals, such as Joe Bonanno (1915) and anzano rewarded Luciano and Gen• "Sicilian Connection" - Italy Lucky Luciano (1907). ovese (a non-Sicilian from Naples) for DEA reports indicate that Italy re• When the likes of Gambino and the Masseria treachery by making Lu• sumed its role as a major producer of others arrived in New York, they were ciano a family boss and Genovese his heroin in the mid-1970's, which time• immediately accepted in the then active "Soto Capo" (). Luciano and frame lines up with the breakdown of Sicilian Mafia organization in New York Genovese repaid Maranzano's kind• the French Connection. Heroin labora• called "Unione Siclione." Eventually, ness by arranging to have Maranzano tory facilities were set up mainly in Si• Gambino, Bonanno, and Profaci sur• killed in September 1931 , in protest to cily, with a very small number of other faced as highranking members of New Maranzano's plan that he be made laboratories located in York Mafia families. "Capo di tutti Capi," boss of all bosses ( region) to take advantage of the , when he in America. French chemists needed to process the came to New York from Sicily in 1927, During the rest of the 1930's, Lu• base and other chemicals announced that he was a direct repre• ciano and the other Cosa Nostra into the finished product. During this sentative of the boss of the Palermo Si• bosses solidified their bases of opera• period, the ever-important morphine cilian Mafia, and one of his goals was to tion and expanded to a nationwide or• base reached the Sicilian Mafia traf• organize the American crime families, ganization, which today is active in 25 fickers from sources in the Eastern including the Irish and Jewish , American cities, with an estimated Mediterranean countries of Syria, under one leadership. Maranzano, by membership of 2,000 members. , and Jordan. Current intel• 1928, had everyone in line with his idea ligence, as of May 1985, indicates the SICILIAN MAFIA - MODERN ERA except Joe Masseria, who led a group Sicilian Mafia is now using Lebanon of men that had all, with a few excep• The "French Connection" and Pakistan as sources for morphine tions, been in America since childhood. During the 1960's and early base. The resulting 3-year conflict, called the 1970's, France became known as the Because of increased Italian police Castellammarese War, pitted the Si• source for approximately 80 percent of enforcement activity from 1980-1985, cilian Mafia-dominated faction lead by the heroin available on the streets of Sicilian Mafia-controlled heroin labora• Maranzano against the American the United States. Marseilles was the tory production activity had diminished Mafia-dominated faction led by Mas• center of clandestine heroin laborato• seria. On April 15, 1931 , the war ended ries, with the morphine base imported primarily from Turkey. The finished her• oin was then smuggled into the United States (the famous French Connection)

4 I FBI Law Enforcement Bulletin ______considerably. However, the Sicilian Sicilian Connection - United States Sicily, which lasted from approximately Connection, the trafficking of processed The Federal Bureau of Investiga• 1958 to the early 1970's. Many Sicilian heroin to European and North Ameri• tion (FBI), DEA, and Immigration and Mafia members and associates during can markets, solidified during this time• Naturalization Service (INS) investiga• this period fled Sicily for other countries frame. In 1984, Southwest Asian tors, along with their Italian counte rC to avoid arrest by the police on murder (SWA) heroin, primarily heroin refined parts, have confirmed that between the and bombing charges. This conflict along the Afghanistan/Pakistan border, mid-1960's and the early 1970's, the flared up again in 1980 and ended accounted for 51 percent of the total United States, , and parts of about 3 years later, with some Sicilian U.S. supply. Seventeen percent of the South America were "flooded" with Si• Mafiosi fleeing the battle scene for the U.S. heroin supply came from South• cilians departing Italy. The Sicilians en• United States and other locations. east Asia (SEA) (Hong Kong, Burma, tering the United States were either Knowledgeable Italian organized crime Thailand); the remaining U.S. heroin smuggled through Canada or Mexico or police officials have told the FBI and supply, approximately 32 percent, legally issued visas and/or citizenship. DEA that as of today, the conflict came from Mexico.7 Most of those entering the United (sometimes referred to as the Great Si• The Sicilian Mafia controls the States illegally were fugitives from Italy cilian War) is over. transshipment through Italy to the on charges ranging from murder to nar• The Sicilians who came to the United States of both SWA- and SEA• cotics trafficking. United States during the mid-1960's• processed heroin. The proportion of There are two main reasons why early 1970's became involved in cash SWA heroin to SEA heroin entering the Sicilians left Italy at this time. First, flow businesses, though the great ma• Italy, according to DEA, is 70 percent to during the late 1950's and into the jority worked in pizzerias controlled 30 percent, with recent indicators show• mid-1960's, the Italian Government im• either by the American LCN or earlier ing SWA heroin on the decrease, pri• plemented a system of internal exile for Sicilian Mafia arrivals in the United marily because of the Afghanistan/So• suspected Mafia members similar to States. The Pennsylvania Crime Com• viet war. the "Mori Operation," only without the mission did an exhaustive study of the Smuggling of the processed heroin killings. This effort, called "Soggiorno cheese and pizza industry and con• into the United States via the Sicilian Obligato," resulted in approximately cluded in 1980 that much of the industry was controlled by " organized crime" Connection runs the gamut and is lim• 500 suspected Sicilian Mafiosi being re• (American LCN and Sicilian Mafia ited only by the bounds of one's imag• located from Sicily to various Italian members are mentioned in the report.)8 ination. Surprisingly, Italian and Ameri• towns and cities. However, "Soggiorno The entanglement of the Sicilian can law enforcement investigators Obligato" only served to spread the ten• Mafia in the heroin and the cheese in• estimate that as much as 70 percent of tacles of the Sicilian Mafia power base dustry is shown best by the following: the heroin entering the United States throughout all of Italy and heightened comes by individual Sicilian Mafia their aspirations. Many of these trans• Felipe Casamento, owner of members or associates traveling by air, planted Sicilian Mafiosi, barred from Eagle Cheese, was arrested, tried, and convicted in 1973 in New York wearing bodypacks of 2- to 3-kilo quan• effectively operating in Sicily, emigrated for heroin smuggling. Ten years tities. Other known smuggling methods to the United States , Canada , and later, he becomes involved in a include heroin secreted in toys, statues, South America. wheels of provolone cheese, film canis• major heroin smuggling conspiracy While the "Great Exile" of Sicilian ters, coffee machines, wooden pallets, with Sicilian Mafia members. Ferro Mafiosi was taking place, a ferocious shipped vehicles, furniture, dry-cell bat• Cheese Company in , war broke out throughout Sicily be• teries, cans of baby powder, transistor controlled by Paoli Gambino, Sicilian tween the majority of families of the Si• radios/televisions, shoes, mail , food born and a brother of Boss Carlos cilian Mafia. Numerous Mafioso mem• products, and clothing. Once the heroin Gambino, and a Michael Piancone's bers and associates were killed or reaches the United States, with New Pizza Place, located in , maimed. The Italian police forces im• York City being the center of activity, are cited as bases of operations mediately cracked down on the warring the Sicilian Connection's American• for the Casamento heroin operation. factions, and the Mafia just as swiftly re• based operation, in place we now know taliated by killing police officers and since the mid-1960's, goes into action. blowing up public buildings. The result was a tremendous turmoil throughout

______Februa~ 1 987 / 5 " ... during part of 1982 and 1983, one of the group's operations out of Sicily had scheduled 11/2 tons of heroin for importation to New York City, which had a wholesale value of over $333 million."

Michael Piancone was convicted The investigation led to the indictment Several of the other subjects in• in 1973 for arranging a marriage of in New York in 1984 of 35 alleged mem• dicted in the Pizza Connection case convenience to keep an illegal Si• bers of the Sicilian Mafia. were from unlikely locations such as cilian alien in the United States. Ben• The investigation showed that the Temperance, MI, and Milton, WI. Pietro edetto Buscetta, Eagle Cheese Sicilian Mafia group was importing Alfano traveled to Naples, FL, on the employee, and his father, Tomasso, massive amounts of heroin into the orders of Badalamenti, and to this date, were arrested in New York on heroin United States. For example, during part investigators are not positive who he smuggling charges in 1970. Frank of 1982 and 1983, one of the group's saw there, if anyone. The majority of Casamento, Eagle Cheese vice• operations out of Sicily had scheduled people who assisted Alfano in this president, is known to the the owner 1%tons of heroin for importation to New phase of the operation were related to of the Casamento Salumeria (Cafe• York City, which had a wholesale value him by either blood or marriage. Each Deli) in Brooklyn, which is fre• of over $333 million. Between 1980 and had distinct roles; some delivered pack• quented today by a group of Sicilian 1983, the New York Sicilian Mafia ages, some simply stored the heroin for Mafia members and associates, group was proven to have shipped over short periods, others collected money known as "The Knickerbocker Ave• $40 million in cash from New York to Si• and brought it back to Alfano, who nue Crew."9 cily via Switzerland. would then transfer the money to The "Knickerbocker Avenue Crew" The scope of the operation was lit• Badalamenti in Brazil. was the focal point of what former At• erally worldwide. Members of the orga• One member of the Sicilian Mafia torney General William French Smith, nization operated from Brazil, Spain, organization indicted in New York, Sal• Switzerland, Sicily, Canada, and in 1984, called one of the most impor• vatore Salamone, had the job of chang• throughout the United States. Gaetano tant investigations ever conducted by ing small denomination bills into large Badalamenti, a notorious Sicilian Mafia the Justice Department, a case referred denomination bills so that the money "boss," had fled Sicily in the mid-1970's to by the mass media as the " Pizza could be more conveniently transported and took refuge in Brazil. In 1984, he Connection." The Pizza Connection in• in suitcases overseas. Once the money was arrested in Spain, shortly after vestigation, conducted by the FBI and got to Switzerland, there were several leaving Brazil. This arrest occurred as a DEA, ran almost 3 years and targeted other individuals who were responsible result of a court-approved wiretap con• Sicilian Mafia members and associates for converting the dollar bills into Swiss ducted by the FBI of Badalamenti's centered in New York who were en• francs, and then to Italian lira for ulti• nephew, Pietro Alfano, who owned a mate delivery to Sicily, the source of the gaged in large scale distribution of her• pizzeria in Oregon, IL. Badalamenti and heroin. oin into the United States. Alfano were attempting to put together a heroin " deal" with their New York• SICILIAN MAFIA IN THE Sicilian Mafia Lifestyle in the United area Sicilian Mafia associates when UNITED STATES States they were overheard by the investiga• The FBI and DEA are just begin• " Pizza Connection" Case tors. ning to determine the number of Sicilian The Pizza Connection case grew The leader of the Sicilian Mafia Mafia members in the United States out of an organized crime investigation group in New York was Salvatore Toto and where they live and operate their by the FBI of the Bonanno family of the Catalano, who was known to many of criminal networks. The FBI is system• New York LCN. The FBI's New York Of• his neighbors in Queens as the owner atically entering intelligence data into fice, assisted by DEA, New York City of a small bakery. To the FBI and DEA, the Organized Crime Information Sys• Police, several other FBI and DEA field however, he was the apparent leader of tem (OCIS) as field investigators from offices in the United States, and Italian a group of Sicilians known as The the FBI and DEA obtain it. To date, the pOlice agencies , uncovered a massive Knickerbocker Avenue Crew. Besides FBI has "positive" data from sources, conspiracy involving importation of her• heroin importation, Catalano and his electronics overhears, and sur• oin and by Sicilian crew were charged in the New York in• veillances, corroborated by Italian po• Mafia members in the United States. dictment with the murder of Carmine lice agencies, indicating that there are Galante, a ranking member of the Bo• over 25 Sicilian Mafia "members" in the nanno LCN family, on July 12, 1979, in the rear of Joe and Mary's Restaurant in Brooklyn.

6 I FBI Law Enforcement Bulletin ______United States, although many more Si• bers were very mobile, traveling smuggling. A" of these latter criminal cilian Mafia "members" are suspected throughout the United States and over• activities are relatively minor in scope to be in the United States. Data are also seas to Italy, Switzerland, Spain, and and impact at this time, but with their being entered into OCIS on the nu• South America. Similar to the FBI's ex• continuing immersion into our society, merous Sicilian Mafia "associates" in perience in foreign counterintelligence Sicilian Mafiosi in the future surely may the United States. investigations, individuals within the or• wish to diversify their criminal program The Pizza Connection case in• ganization had very limited, well-de• to include more than just heroin smug• volved subjects who were from different fined roles, such as simply receiving a gling. If that occurs, the question be• Sicilian Mafia families and regions in Si• phone call late at night at a phone booth comes, how wi" the American LCN re• cily and resided in widely diverse loca• and passing the brief message to a act to an invasion of its "criminal turf," tions in the United States. The center of higher-ranking person in the operation. particularly in the loansharking and the operation was New York City, with Criminal activities, besides heroin gambling areas.? operatives in the heroin network lo• trafficking, associated with the Sicilian cated in the suburbs of New Jersey and Mafia in the United States include co• Sicilian Mafia - Relationship with outside Philadelphia and sma" isolated caine trafficking, loansharking, gam• American LeN communities in Oregon, IL, Tem• bling, counterfeiting, theft, burglary, ar• Dr. Giuseppe Fera, a highly re• perance, MI, and Milton, WI. A" mem• son, murder, , and cigarette spected Italian police official, describes

SICILIAN MAFIA in the U.S.

______Februa~1987 / 7 -

"Criminal activities, besides heroin trafficking, associated with the Sicilian Mafia in the United States include trafficking, loansharking, gambling, counterfeiting, theft, burglary, arson, murder, extortion, and cigarette smuggling."

the relationship between the Sicilian including one surveillance of a meeting sociates in South American, are in an Mafia and the American LCN as one of with the boss of a major New York LCN excellent position to establish cocaine "common interests," narcotics traffick- family. Also, in at least two cases, in- smuggling routes into the lucrative ing and money laundering, where one vestigators have identified individuals American market. Most investigators group needs the other. He says the re- living in the United States who are believe it is just a matter of time before lationship is very precise, equal, and "positive" members of both the Ameri- this happens. built on respect for each other; the com- can LCN and the Sicilian Mafia. Accord- mon denominator is the "ability to make ing to some, this is impossible, but as USA/ITALIAN GOVERNMENT money" together. Dr. Fera says the with all rules, there are many excep- EFFORTS Americans and Sicilians have a much tions. Obviously, the investigators will Antl·Mafla Legislation - Maxi· Trial better relationship than, for instance, have to keep an open mind when ex- After a wave of murders and bomb- the Sicilian Mafia and the Camorra amining the special relationship be- ings of police officers, investigating based in Naples. The latter relationship tween the members of the Sicilian and magistrates, and judges in Sicily and is one " not on equal footing," with the American criminal organizations. other parts of Italy, the legislature of the Sicilians being the dominant group and Will the Sicilian Mafia in the United Central enacted on the " Neapolitans always trying to in- States expand into other criminal ac- September 11 , 1982, the Anti­Mafia gratiate themselves with the Sicilians." tivities, such as gambling and loan- law. The main features of the Anti­Mafia Experienced FBI organized crime sharking, running head on with Ameri- law are: investigators in New York have con- can LCN interests? Most investigators ­"Association" with known Mafia cluded the following about the Sicilian believe that as long as the heroin smug- types is illegal, whether a crime is Mafia/American LCN relationship: gling operations remain as lucrative as committed or not; 1) The Sicilian Mafia operates in in the past, the Sicilians, with isolated ­"Association" also applies to the United States as a separate exceptions, are not likely to take on the the Camorra and other "Mafia- criminal organization, specializing American LCN in areas of their criminal type groups; in heroin smuggling, with first expertise. More probably, according to ­"Exile" locations for "Mafiosi" allegiance to their "family" in Si- the experts here and in Italy, the Sicilian shall be in towns with a population cily; Mafia will use its extensive South Amer- of 10,000 or less, and un- authorized leaving of the exiled 2) Prior to initiating a major heroin ican contacts to expand into major co- location shall cause imprisonment; smuggling operation, they obtain caine smuggling and trafficking in the ­Property and other assets are the "sanction" of certain Ameri- United States. The likely adversary subject to confiscation ; can LCN families (Gambino fam- then would be the "Colombian Mafia," the major cocaine trafficking organiza- ­Telephone wiretaps are author- ily in New York, DeCavalcante tion in this country. ized on persons suspected of family in New Jersey are exam- Cocaine use in Italy, as well as the belonging to a "Mafia­type" asso- ples); and United States, is a major substance ciation; and 3) As payment for the American abuse problem. Through the Camorra ­The term "omerta" is defined LCN family granting its "sanc- criminal organization, Naples has be- in the law in its most negative tion," the Sicilian Mafia pays come the central distribution center for connotation, as a "conduct of non- a monetary tribute (e.g., up to cocaine for Italy and other countries in cooperation with public safety $5,000 for each kilo of heroin Europe. The major importer of cocaine officials due to fear." smuggled into the United States) into Italy is Italian fugitive, Antonio Bar- This law has had a significant impact on to the American LCN family. dellino, the boss of one of three Sicilian Mafia heroin traffickers. It is the The FBI offices in both Newark and Camorra " families" that are closely basis of action that led to the world- New York have conducted surveillance aligned, if not part, of the Sicilian Mafia. wide arrest in 1984 of over 460 mem- on prominent American LCN members, Bardellino is believed to be in Sao Paulo, Brazil, which he fled to in 1982, when charged with "Mafia association. " Bardellino, along with other Sicilian Mafia and Camorra members and as-

8 I FBI Law Enforcement Bulletin ______bers and associates of the Sicilian believes that the Maxi-Trial signals the Italian National Police (State Mafia. The trial of these defendants, end of the Sicilian Mafia. At best, if the Police of Polizia dello Stato) - called the "Maxi-Trial," began in Febru• prosecution is fully or partially success• This organization is charged with ary 1986, in Palermo. 1o ful, several members will have reduced the investigation of all crimes com• The "Maxi-Trial" is described as a power and influence within their respec• mitted within major cities in Italy. "collage" of all the Mafia investigations tive families and the organization as a There are approximately 80,000 throughout Italy from 1970 to 1984. The whole. positions in the state police. case against the suspected 468 Mafiosi The most positive effects of the Guardia di Finanza (Finance is set forth in a "40-volume, 8,632-page , and the publicity surround• Guards) - This organization indictment that details 90 murders, ing the deaths of Chinnici and other enforces tax, fiscal, excise, and countless kidnapings, and the use of anti-Mafia investigators, are the break• smuggling laws. It enforces the fi• torture chambers."11 The trial will also down of "omerta" through the testi• nancial confiscation aspects of the detail the extensive heroin-smuggling mony of Buscetta and others, and more Anti-Mafia law. It has 41,500 mem• operation of the Sicilian Mafia. One de• importantly, the public outcry that has bers. fendant alone is accused of laundering ensued in Sicily and elsewhere over the Arma dei (Judicial about $600 million in drug profits Sicilian Mafia's illicit organization. For Military Police) - This service inves• through Swiss bank accounts. Two of the first time, the Roman Catholic tigates crimes in major cities and the principal witnesses, or "penitents" Church, through the Bishop of Palermo those areas where the state police as they are called in Sicily, are and the Pope himself, has condemned does not have representation. There Tomasso Buscetta and Salvatore Con• Mafia activity as bad for society. Sicilian are approximately 82,000 positions. torno. Both Buscetta and Contorno are college students have staged public Despite occasional differences, the in American Federal custody and are anti-Mafia demonstrations, in coopera• three police agencies in Italy are seen currently testifying in New York in the tion with the widows and children of as increasing their effectiveness Pizza Connection case. magistrates and police assassinated by against the Sicilian Mafia and drug traf• The Maxi-Trial is called the most the Mafia. Many hope this public activity ficking . intense crackdown on the Sicilian Mafia will spur the Government of Italy, in co• The quality of cooperation and in• since the Mori Operation instituted in operation with the United States and telligence sharing between Italian and the 1920's by Mussolini. The principal other countries, to continue a maximum U.S. law enforcement agencies is im• defendant in the Maxi-Trial is Michele worldwide effort against the Sicilian proving. The major drug problem each Greco, the boss of Palermo and the Mafia. country shares is the central riveting chairman of the interprovincial commis• point that drives the joint investigative sion of the Sicilian Mafia. Greco, with Law Enforcement Cooperation effort against the Sicilian Mafia. In June his brother, Salvatore, are charged with The investigative thrust against the 1984, Italy and the United States had the planning of the car-bomb as• Sicilian Mafia in the United States has the first meeting of the Italian-U.S. sassination of Palermo Judge Rocco been shared by the FBI and DEA. 86th Working Group on Drug Interdiction. Chinnici in 1984. Judge Chinnici is agencies work closely with major local The co-chairmen are the Minister of In• fondly remembered by many FBI and police agencies, such as the New York terior for Italy and the Attorney General DEA Agents who recall his extensive City Police Department, and other in• of the United States. This working dedication to the investigation of what volved Federal departments and agen• group has served to keep the "pressure he called "the worldwide Sicilian Mafia cies. on" the problem facing both countries. plague." There are four principal police Another subworking group, made The Maxi-Trial is considered by agencies in Italy dedicated to Sicilian up of field and headquarters investiga• many experts as "outstanding pub• Mafia investigations: tive personnel assigned Sicilian Mafia licity," for it exposes the Sicilian Mafia Central Anti-Drug Service (SCA) matters, has had major meetings in the to extensive media scrutiny, but most - The SCA coordinates, without do not think the case, because of its un• operational control, the drug inves• wieldy size, can be successfully pros• tigations of the three police services ecuted. In any case, no one seriously of Italy.

______Februa~19B7 / 9 "The Sicilian Mafia intelligence base must be expanded to help further define this serious problem and to assist in developing the identities and organizational structure of those engaged in criminal activities."

past 3 years, one in Quantico, VA, and One of the policemen arrested was ad• structure of those engaged in criminal the other in Ottawa, Canada. This ditionally charged with narcotics traf• activities. group, representing the United States, ficking and is believed to be a Sicilian The leaders of American law en• Italy, Canada, and Australia, is sched• Mafia " mole," who is suspected of forcement, primarily the Attorney Gen• uled to meet next in Italy to discuss op• being the "fingerman" for the Mafia as• eral, the Director of the FBI, and the Ad• erational matters of mutual interest. sassination of the vice chief of the Pal• ministrator of DEA, continue to The Italian Minister of the Interior ermo Mobile Squad in August 1985. emphasize the need to educate the recently proposed a change to the Ital• American public through periodiC and ian narcotics law which will allow con• CONCLUSION opportune announcements of the dan• trolled drug deliveries. When enacted, The Sicilian Mafia has had a tre• ger the Sicilian Mafia poses for the cit• this will aid in Sicilian Mafia investiga• mendous impact on crime in the United izens of this country. Even to this day, tions, where a police-controlled drug States since the turn of the . The there are those in this country who be• delivery can lead to identification of American LCN, the most powerful and lieve that the American LCN is a "fig• high-level conspirators. Police officials sophisticated organized crime group in ment in the imagination" of law enforce• in Italy are also pressing the Minister of America, grew out of the Sicilian Mafia ment. We should not and cannot let that the Interior to sponsor new legislation organization that first surfaced in New happen with the Sicilian Mafia. that will allow witnesses or Orleans in the 1800's and later in New [?~O to be given immunity and protection. York City in the 1920's. Today, the Si• Such legislation would bring Italy in line cilian Mafia is a formidable criminal or• Footnote. with the United States. ganization in this country, in control of a IDavid Leon Chandler, Brothers in Blood (E.P. Dullon and Co., 1975), p. 15. A potential roadblock to the contin• worldwide heroin distribution network. 2lbid. pp. 26-28. uing battle against the Sicilian Mafia is 3Giuseppe Fava, Mafial from Giuliano do Salla Their relationship with the American Cheese (I. Slcllianl, 1982), p. 8. the "terrible morale situation" currently LCN seems to be in excellent shape, 'Supra note 1, p. 41. SSupra note 1, pp. 87- 90. affecting the Palermo Mobile Police and their contacts with other criminal "Supra note 3, pp. 13-14. Squad. American Embassy personnel groups, the blacks, Colombians, etc., 7"NarcotICS Intelligence EsUmate - 1984," The Na60nal Narcotics Intelligence Consumers Committee, advised that the Sicilian Mafia's recent are increasing. p. 46. terror campaign of bombings and kill• In order to effectively cope with Si• 8"A Report of the Study of Organized Crime's Infiltration of the PIzza and Cheese Industry." Pennsyl· ings against the Palermo investigative cilian Mafia criminal problems, the FBI, vania Crime Commission. March 1980. team of police, magistrates, and judges DEA, and the Departments of Justice, 9lbid. 10"474 go on trial In Sicily as Italy takes on Mafia," has had a very detrimental effect. Pal• State, and Treasury, as well as other Washington Times, February 11 , 1986. ermo is now classified as an "extreme American law enforcement entities, IIJeff Trimble, "A Citizens' War on the Mafia," U.S. News and World Report, February 3, 1986, p. 31. hardship" post and permanent assign• continue to cooperate with each other ment of American investigative person• and their foreign counterparts, par• nel is considered too dangerous and ticularly in Italy, Canada, Switzerland, out of the question. and Australia. Sicilian Mafia investiga• Adding to the deteriorating morale tions must receive "top priority" hand• of the police in Palermo was the arrest ling within each American and foreign in October 1985, of 15 members of the law enforcement agency. In 1984, the Palermo Mobile Squad and three Car• Director of the FBI designated Sicilian abinieri. They were charged with the al• Mafia cases to be a major priority within leged torture death of a Sicilian Mafiosi the FBI's Organized Crime Program. implicated in the assassination of a Pal• Other agencies are encouraged to ac• ermo police commissioner in July 1985. tively contribute intelligence data on the Sicilian Mafia to the FBI's OCIS. The Si• cilian Mafia intelligence base must be expanded to help further define this se• rious problem and to assist in develop• ing the identities and organizational

10 I FBI Law Enforcement Bulletin ______A Tradition of Excellence The Southern Police Institute By NORMAN E. POMRENKE Director Southern Police Institute and B. EDWARD CAMPBELL Faculty Member Southern Police Institute University of Louisville Louisville, KY

A tradition of excellence in police velopment of the Southern Police In• training and education began 35 years stitute during this time have required ago when the Southern Police Institute planning, tending, and nurturing. was founded at the University of Louis• ville. The success of the thousands of Historical Development graduates provides ample evidence for The original idea for the establish• the wisdom of the enterprise. But, as is ment of the Southern Police Institute the case with most other worthwhile hu• did not germinate in the mind of a police man endeavors, the formation and de• administrator or a practicing lawyer or a

______Februa~1967 / 11 learned jurist. A Swedish economist de• Recognizing the importance of ad• veloped the concept that such an in• equate financing , two grants were ob• stitute would be both practical and ben• tained to help support the institute and eficial. Gunnar Myrdal, in his 1944 book ensure success in the endeavor. These An American Dilemma, planted a seed grants came from the General Educa• when he wrote: tion Board, an affiliate of the Rocke• "It is my conviction that one feller Foundation, established to aid ed• of the most potent strategic meas• ucational endeavors in the South, and ures to improve the Southern The Carnegie Corporation of New York. interracial situation would be the These and additional grants made by opening of a pioneering modern po• the two foundations, along with support Mr. Pomrenke lice college in the South, which from the city and the university, fi• would give a thorough social and nanced the institute through 1960. Ford pedagogical training as well as Foundation grants rounded out needed a technical police training." revenues for the 1 O-year period July The late Dr. Joseph D. Lohman 1960 through June 1970, and since (formerly Chairman, Illinois Division of 1970, the institute has been financed by Correction; Sheriff, Cook County, IL; tuition and general university funds. and Dean, School of Criminology, Uni• A critical ingredient in establishing versity of ) first suggested the Southern Police Institute was at• organizing the Southern Police Institute tracting students. The first recruiting to the late Dean David A. McCandless effort for the institute was launched by in 1949. Mr. McCandless, at the time the then chief of the Louisville Police Di• Director of Public Safety with the City of vision and Mr. McCandless. They vis• Louisville, carried the idea through with ited prominent city and police officials in a series of discussions with university nine cities located throughout the South and city officials until the proposal be• to acquaint them with the institute's pro• gan to take root. gram. A short time later, a committee was After the funding was assured by appointed to develop the plans for the the foundation grants and student-of• institute. The committee, chaired by the ficers were recruited, a screening com• mittee selected Mr. McCandless to be• Mr. Campbell dean of the Kent School of Social Work consisted of an assistant professor i~ come director of the institute. Then, the School of Law, the superintendent after a nationwide search, Mr. Rolland of the Louisville Police Crime Preven• L. Soule, a former police sergeant in tion Bureau , and the superintendent of Wichita, KS , and at the time on the fac• the Personnel and Education Bureau ulty at Washington State College, was Louisville Police Division, with Mr. Mc~ chosen as the first full-time instructor. Candless ex officio. This committee Refinement of the Institute recommended the annual presentation of three 12-week courses for 25 student In 1955, after a review of the in• officers. The courses were designed stitute's program, four 2-week seminars primarily for an audience of command• were added and the winter term of the ing, supervising, and administrative po• Administrative Officers Course was dis• lice officers from southern and bor• continued. These sessions of intensive dering States. instruction in specialized topics of po• lice administration and science demon• strated another endeavor to fulfill the broad purpose of the Southern Police

12 I FBI Law Enforcement Bulletin ______H ••• the Southern Police Institute became the first school of its type in the United States to offer college credit for inservice police education."

As a result, the curriculum was altered able vote by the University Assembly to emphasize instruction in police ad• the following month. The School of Po• ministration, personnel management, lice Administration became effective the social and behavioral SCiences , and July 1, 1969. criminal and constitutional law. The Mr. McCandless became Dean of number of hours of classroom instruc• the School of Police Administration and tion was reduced from 420 to 300, but also remained as Director of the South• more individual outside study was re• ern Police Institute. With his death in quired. 1971 , Professor Klotter was selected The expanded 12-week course Dean of the School and Director of the earned approval of the curriculum com• Southern Police Institute. mittee for 12 semester hours of credit in The Southern Police Institute con• the College of Arts and Sciences during tinued to grow during the 1970's and 1962. Thus, the Southern Police In• embarked on furthering the seminar stitute became the first school of its program, while maintaining the aca• type in the United States to offer college demic excellence of the Administrative credit for inservice police education . Officers Course. A graduate option This feature of the program signaled a started with the 1973 fall term to meet precedent for other similar schools to the educational and administrative follow. needs of the new breed of police man• As the faculty continued to expand, ager. Thus, the Southern Police In• guest lecturers became fewer, but they stitute faculty once again set the pace continued to make significant contribu• for police education. tions. Class size increased to 60 of• ficers during 1967, and the inauguration The Southern Police Institute of the 1980's The late David A. McCandless, first Director of a series of workshop-discussion ses• of the Southern Police Institute sions added a new dimension to the Professor Norman E. Pomrenke, program. the present Director of the Southern Late in 1971 , the faculty conducted Police Institute, was appointed in 1977, as analysis of the Southern Police In• with Professor Klotter remaining as Institute. For example, the institute pi • stitute's Administrative Officers Course, Dean of the newly named School of oneered seminars and conferences re• which resulted in the addition of a com• Justice Administration. Three years la• lated to police responsibility in racial munications course to the curriculum ter, Dr. J. Price Foster succeeded Pro• harmony. Within the first 10 years, and the expansion of sessions to 14 fessor Klotter as Dean of the School of these short-term courses attracted of• weeks starting with the spring term Justice Administration and subse• ficers from 167 municipalities, 38 1973. Later, the Administrative Officers quently became the Dean of the Col• States, and 22 foreign countries. Course returned to the original 12-week lege of Urban and Public Affairs. This In 1961 , at the suggestion of Asso• session to fit the schedules of the stu• led to a national search for a new direc• ciate Director John C. Klotter, who dent-officers better. However, the basic tor for the School of Justice Administra• joined the faculty after service with the content of the curriculum remained un• tion, the parent component of both the FBI , a group a police administrators changed. Southern Police Institute and the Na• from several cities in the eastern, cen• tional Crime Prevention Institute. The tral , and southern parts of the United Initiation of Degree Programs search culminated in July 1986, with States met with officers of administra• On March 5, 1969, after many the appointment of Dr. William V. Pel• tion and instruction from the University meetings with several concerned com• frey, a renowned academician and ad• of Louisville to reassess the program. mittees , the University Senate en• ministrator. Dr. Pelfrey brings to the dorsed the proposal to establish a de• gree-granting School of Police Administration, which received a favor•

______Februa~1987 / 13 "The Southern Police Institute has had a long and arduous journey in the pursuit and quest for excellence in police education and training."

School of Justice Administration and of the Southern Police Institute is di• 511 graduates of off-campus seminars. the Southern Police Institute the talent rectly attributed to the graduates, as The Southern Police Institute issued to blend theory and practice with sound members serve on search, curriculum 1,931 credit hours and 2,752 continuing managerial skills, coupled with the in• development, and planning commit• educational units for the 1985-86 aca• tegrity of academic standards. tees. demic year. More than 10,000 police officers Broadening the Geographical The Southern Police Institute from the United States and foreign na• Base Today tions have graduated from the Southern The Southern Police Institute had The present offerings of the South• Police Institute, and the demand for the been in existence for only a short time ern Police Institute include the 12-week Administrative Officers Course con• when the decision was made to Administrative Officers Course, admin• tinues. In 1985, the Southern Police In• broaden the geographical base from istrative, supervisory and investigative stitute launched a planned off-campus which students were selected, based seminars on campus, and an extensive seminar program, the success of which mainly on appeals from potential stu• 1986-87 catalog of off-campus semi• led to contracts for 20 off-campus semi• dents. By the 1953 fall term, foreign stu• nars. The off-campus programs are a nars in the 1986-87 academic year. dents enrolled for training under the result of agency or regional requests. The Southern Police Institute has auspices of the International Coopera• Cost factoring is done between the had a long and arduous journey in the tion Administration of the Federal Gov• Southern Police Institute and the pursuit and quest for excellence in po• ernment. During the past several years, agency. lice education and training. It has sur• students from New Zealand and Great The cornerstone of the Southern vived when police education and train• Britain have graduated from the Admin• Police Institute is the 12-week Admin• ing were not popular, when monies for istrative Officers Course. No parochial istrative Officers Course. Undergradu• training were sparse, when Federal as• or geographical boundaries influence ate course options include instruction in sistance was unavailable, and during the selection of students, the content of police administration and management, periods of national economic recession. the programs, or the location of the of• personnel administration and manage• The Southern Police Institute has sur• ferings. Not only do the faculty and staff ment, critical issues in police manage• vived because the assumption made 35 welcome applications from officers ment and administration, constitutional years ago and maintained ever since throughout the United States and for• aspects of police management, and has proven that quality, excellence, and eign countries, but we are also pre• criminal justice behavioral dynamics or the maintenance of high academic pared to take our seminars to any loca• organizations. Graduate courses are standards will result in a heritage and tion in the country. offered in personnel administration and tradition that can stand the test of time. management, constitutional and admin• [?[ID 0 The Southern Pollee Institute istrative law, and special topics in police Alumni Association administration and management. One of the most significant assets Tuition, books, room , and board of the Southern Police Institute is the costs for the Administrative Officers alumni association. Created in 1951, it Course is $2,200, not including meals. has grown to be one of the largest and The respective agencies determine most active alumni groups at the Uni• meal costs usually through their per versityof Louisville. diem system. Seminar costs depend on The Southern Police Institute the length of the session. One-week Alumni Association meets annually for seminars cost $390, while 2-week sem• retraining at a site designated by the inars cost $650, including tuition and current president. Much of the success housing. Enrollment figures for the 1985-86 academic year show 117 Administra• tive Officers Course graduates, 232 graduates of on-campus seminars, and

14 I FBI Law Enforcement Bulletin ______"Men and Women Who Wear the Badge ... That Others May Find Their Way"

By HON. PETER T. FAY 11th Judicial Circuit U.S. Court of Appeals , FL

EDITOR'S NOTE: But, in any event, as long as I am exciting people mover that circles the The following are excerpts here, and they have been so nice to let downtown area. And , modestly, I can of remarks made by Judge Fay before me participate today, I would like to tell you I think we have the most the 146th graduating class of the suggest to you that I have often exciting city in the world. We have 150 FBI National Academy on September wondered why commencement international banks, the fastest growing 12, 1986, at Quantico, VA. activities, exercises of this sort, have free trade zone in the world, miles of speakers. It seems to me it's a well- public beaches, incredible weather, and established American tradition that crim&­­Iots of crime. I am honored to be here at the deserves nothing less than total More and more in our neighbor- National Academy with you, because abolishment. hoods and around our city, you see you are very special people. Having said that, let me impose bars going up on windows, bars going Turning to the activities at hand, I upon you for 7 minutes and 30 seconds up on doorways, and I'm not talking tell you a true story. When I talked to with three very personal thoughts. about the influence of Spanish Judge Webster, I asked him what he The first is about the loss of our architecture, because this is not the was looking for today, and he said, freedom and what's going on in our result of our friends moving into "Well you know, after 20 or 30 minutes world today. The second is on the our neighborhoods. it gets a little old." I had a conversation importance of your work. And, the third Our streets downtown are almost with an Assistant Director after that and is really a personal heartfelt thanks to deserted after dark. Neighborhoods he suggested , "Well, why 't you you and all like you for the service you lock themselves up at night. When I take 15 minutes. " Then I got a letter perform. was growing up in Ft. Lauderdale, my from Jim McKenzie of the Training Our family lives in south Florida, parents used to love to take a stroll in Division. It was very precise. It said go and I was really thrilled to run into Mrs. the evenings, as did many folks. You ahead and take 7 112 minutes. Now, I Turner in the hallway as we came in , don't see that any more. Nobody just haven't called my office. I left my office because our local chief of police is here goes out and strolls around the streets earlier in the week ; we held court in among you­Chief Turner from the City in the neighborhood . The kids don 't Tampa and I came here from Tampa. of South Miami. Our home is in South play stick ball or capture the flag or play I'm afraid to call my office. I probably Dade between Homestead and Miami. in the side yards. They go to supervised got a post card from a secretary that We have become an international city; playgrounds or they play in groups said don't come. a bilingual metropolitan area with a where parents are there or teachers or genuine mixing of many races and chaperones . We have surrendered many cultures. We boast the busiest much of our world to the criminals. And passenger port in the world. We have a Disney­like metro rail system with an

______Februa~1987 / 15 po

our society, our 200-year experiment in democratic living, is totally dependent upon the quality of our law enforcement personnel. "

more and more communities are When the dangers become so suffering exactly the way we are enormous, when the crime so blatant, suffering, because the problems are the we give up our freedoms in an effort to same in New York City, Los Angeles, find solutions. And I could give no better Chicago, , New Orleans, and on illustration than what 's going on in and on . We are all aware of what 's Congress yesterday, today, and I happening, but we sort of take it for assume next week, on the new legis• granted. In airports it's become routine lation. I have no idea what will come out now and we just accept the fact that we of it but you are aware of the rhetoric are searched . Our luggage is searched ; and we are all reading about the debate our bodies are searched with going on and what the suggestions are. magnetometers and instruments like And, again, I suggest to you , we are that so they can x ray everything that going to give up more and more goes in and out. freedoms in an attempt to solve some Our freedoms are being of these problems. compromised every day- a little bit The bums of the world , the punks more every day. of the world , are destroying our When you board a boat, and that freedoms . The kings are the ones vessel is on navigable waters, it doesn't who have caused us to do away with matter whether you are on the high the fourth amendment on the high seas. seas or in the intercoastal waterway or Hijackers have forced our present in Biscayne Bay, you have no fourth airport security. And street criminals amendment rights. We have abolished have literally run us off the public the fourth amendment on sea-going streets, out of public places, and into vessels on navigable waters as a direct our homes. How many millions of result of the drug war. And please dollars are spent on home burglar understand, I'm not being critical of the alarms? How many of your neighbors Judge Fay with FBI Director William H. rulings being made by the courts . use a remote control to open the Webster Indeed, I participate in many of those garage door and drive in and put it rulings ; my only purpose is to underline down behind them? what's happening in our way of life and More and more of our communities what's happening to our personal have become armed and are living in freedom. fear. And my second thought is that As our numbers increase and we you , yes , each one of you and the concentrate more and more people in thousands like you, are our only hope. large cities, we arm ourselves with Upon your shoulders rests the very weapons . You can read almost any survival of our way of life and our survey you want in our area. I have personal freedoms . The efficiency with read them reporting as high as 70 which you can carry out your mission is percent of all adults in south Florida are the key. And those of us who know armed. As we become the drug capital , what is going on must speak out. Our the drug country of the world, we breed national priorities are literally upside more and more crime. And , it is this war down. Society's priorities have got to be on crime that inevitably leads to a loss changed. And some of us have to do of constitutional freedoms, to a change something about it. I don't begrudge in our way of life. Jim Kelley his $8 mi llion salary. I don't begrudge Dan Moreno his $9 million.

16 I FBI Law Enforcement Bulletin ______But it is simply wrong when society just as we would maintain a jet aircraft Our Forefathers had a special allows athletes to be paid those wages, that was sitting on the edge of a runway dream, a country with citizens and police officers are not paid a living at battle alert. It matters little whether really free. wage . In my opinion, the two most the gun battle is in Florida or New York Many have struggled to keep important professions in our society are City, the bullets kill. Our way of life is it so, a land of opportunity school teachers and police officers . dependent upon you . Our children will for you and me. Nothing is more important. Young have no more rights than you can To practice religion as we see minds must be taught by the very best preserve. You say, oh no , that is too fit, even speak in dissent as the talent available. And our society, our extreme. Will we see the day when all case may be. 200-year experiment in democratic of us walking down a street will have to To travel freely from city to state, living, is totally dependent upon the carry an identification and explain our select by vote those in authority. quality of our law enforcement presence? We do it now when we walk To hunt in the woods or fish personnel. And yet the salary scale for into a government building or a Federal a stream, plant a beech or teachers and police officers is nothing courthouse . How far are we from sail under the stars. short of being disgraceful. The training having to do it on the streets? It de- To raise a family with loving in many areas is woefully deficient. The pends upon you and the support we care, have schools teaching support facilities , equipment, and give you and others like you. all the three R's. technology are sporadic at best. My last thought is one of We relish these rights and surely In south Florida, we have U.S. thanksgiving because I am delighted to should, they come at a price Customs airplanes and boats that are have the opportunity to thank you, each plenty steep. inoperable for lack of parts. Inoperable one of you , and those who work with Many of those fighting real wars, for lack of parts! Our county jail you for being what you are . Thank you so that others enjoy a processes somewhere between 35 ,000 for making the sacrifices that you make peaceful sleep. and 50,000 suspects every year and everyday for me, for my family, and for I salute those of you gathered has not yet had a computer for roughly 260 million other Americans. here, civilian soldiers in battle identification purposes to even find out Because you are true American each day. with whom they are dealing. patriots. My children know who FBI Men and women who wear the We just lost a local policeman from Agents Grogan and Dove were. They badge so that others may carbon monoxide poisoning due to were literally the Sergeant Yorks of our find their way. faulty maintenance on his squad car, neighborhood . We know also of the May God protect you in what said to have been a result of deaths of DEA Agents Rios and you do. inadequate funds . That is totally Benitez, casualties of the dreadful war May he guide your way in every intolerable and we must change this on drugs being fought down in our case. situation because you deserve the best community . We also know of and May he keep you strong and and nothing short of the best. To start, remember county and city officers like always alert, and may he salaries must be such that law en - Fred Groves, Lindell Gibbons, Robert shower you with a special forcement careers will support a Zore, and Donald Kramer. And many grace. family without moonlighting . And others like them. These are just some Thank you for allowing me to share training is essential, like the training you who have made the ultimate sacrifice in this day with you . are getting here. We don't send soldiers our area of the country. These are the into combat without adequate training . Congressional Medal of Honor winners And today's police officers are fighting a of the daily war going on in our war. You know it and the public must be commun iti es . And , I thank you for made aware of it. Your equipment must caring enough to be here. I thank you be the state of the art and maintained for being what you are. In closing , because my 7% minutes are probably up, let me try to express a thought in verse. And I hope you will judge it on effort and not on talent.

______Februa~1987 / 17 An Automated News Media System

By SGT. ROGER DICKSON Public Information Officer Sacramento County Sheriff's Department Sacramento, CA

liThe media computer network allows the agency to work with the media more efficiently and eliminates claims of favoritism."

Interaction with the media is an in- tion of one office to control the informa- escapable aspect of law enforcement. tion flow eliminates much of the Newspapers, radio, and television confusion and frustration experienced create an image through which law en- by the media in trying to develop a forcement is often evaluated by the news story through a variety of depart- general public. Unfortunately, the me- mental sources. dia is oftentimes viewed as an adver- In Sacramento, the job of the pub- sary, an irritant when police agencies lic information officer (Pia) has been are merely trying to perform the job of made easier by the local media in re- removing criminals from society. turn for more­comprehensive news In order to accommodate the me- coverage. The tool that made this pos- dia's right to know, many law enforce- sible is the media computer network ment agencies have established offices (MCN), an innovation that grew out of of public information to deal profession- dissatisfaction with other available ally with media inquiries. The designa­ methods of communication.

18 I FBI Law Enforcement Bulletin ______The media computer network con• The Federal Bureau of Investiga• sists of hard-disk computers, several tion in Sacramento, also a MCN charter smaller computers, and printers. The member, indicates the far-reaching, in• computers form a web, or network, con• teragency use of the system. The FBI is necting portable computers at local po• joined by Folsom Prison, the U.S. At• lice agencies to the computers in the torney's Office, and the California High• / news rooms. A modem and telephone way Patrol as users of the network. lines make transmission from remote Several Sacramento police agen• areas possible. Computers in the local cies have been given portable news rooms receive, record, and print computers. The lap-size computers / the messages arriving from the have acoustic telephone couplers for Sergeant Dickson emergency agencies. sending information over any phone Installed in each media facility is a and these computers fit snugly into their computer terminal and printer. own briefcase. The equipment is easily Emergency agency news releases taken to crime scenes to expedite news come into the news room over regular releases. The public information officer telephone lines and are printed on high• types the news release into the speed, dot matrix printers. Reporters computer, goes to any nearby public and camera crews are then handed the phone, and forwards the information hard-copy printout and dispatched to using the computer's built-in modem the event in the field. through acoustic couplers attached to Nineteen radio, television , and the pay phone receiver. The computer newspaper facilities belong to the Sac• ,etwork delivers the release simul• ramento Valley Media Association taneously to all Sacramento metro• (SVMA). The association is a nonprofit politan news media. An accurate, organization formed specifically to ad• printed copy of the news release direct minister the media computer network from the agency becomes a solid basis for the Sacramento area. SVMA for accurate reporting. In many cases, provided equipment to the charter Pia's take these computers home emergency agencies free of charge in when off duty, since they are on call 24 exchange for up-to-date information. hours a day, to eliminate overtime/ Police agencies on the system in• callout costs. Sheriff Glen Craig clude the Sacramento County Sheriff's Prior to the installation of MCN, a Department, the Yolo County Sheriff's telephone hotline provided the only link Department, and the Sacramento City between the emergency agencies and Police Department. Other local mem• the media facilities. News releases from bers include the Sacramento Municipal the scene were dictated to headquar• Utilities District (SMUD) which adminis• ters, then verbally transmitted over the ters the Rancho Seco Nuclear Power telephone hotline to each news room. Plant, the Sacramento County and City The receiving media facility had to copy Fire Departments, and the Sacramento the information by hand as it crackled County District Attorney's Office. across their receiver. This antiquated system was not only cumbersome but resulted in misinterpretation of the facts, as well as callbacks asking for in• formation to be repeated or clarified, thereby consuming valuable time. Also, the same prepared material had to be

----______Februa~ 1 98 7 / 19 Ii••• agencies interacting with the media over the media computer network claim a better working relationship among themselves."

conveyed repeatedly to the various me• tions system for his department and On the other hand, the media de• dia representatives. It was not unusual other emergency agencies. Early in his pend on having someone at the scene to get 20-25 calls on a single crime that administration, he was looking for an in• to expedite their news gathering. The was developing - a scenario familiar to novative way to circulate information to public information officer becomes that emergency agencies nationwide. the media more efficiently in order to buffer. Using the portable computer, he Since competition is inherent in the solve cases. The old system did not en• can have printouts covering the facts as media, the emergency agency wants to hance the best image of the department they develop posted for the on-site me• be able to respond to inquiries with a or elicit the cooperation of all the media dia. The PIO stands in until the com• degree of fairness to everyone. But, facilities. mander can be interviewed as the sit• without MCN, whoever calls first gets The sheriff authorized staff time to uation stabilizes. the break on a story. As that facility be• locate and install a better system. The The Sacramento media know a gins reporting the news, an avalanche system ultimately adopted provides full• conscientious information officer will of calls starts from the rest of the media page typewriter-like printouts and per• give them as comprehensive a report who have heard the story break on a mits two-way communication between as the department can allow. The of• competitor's news channel. the news room and the emergency ficer prepares an extensive news re• Failure to respond to media re• agencies. Using two-way communica• lease from the perspective of what the quests or an inability to respond gener• tion capabilities, electronic mail can be media needs, anticipates their ques• ates hostility toward a law enforcement transmitted to and received from any tions, and protects the interest of the agency. The media is often unaware of member of the network. For example, it department. The officer is aware of, and the difficulty experienced by the lone allows one media facility to request tries to meet, news media deadlines. public information officer when dealing from a particular public agency, via Because they are also on the net• with multiple media requests precipi• computer, some specific information work, the Sacramento County District tated by short deadlines or the desire to that bolsters their slant to the story. The Attorney's office routinely receives a compete with another news facility that agency can respond privately, again printout of every news release sent on already has the story. Unchecked hos• over the computer, to that one facility. MCN, allowing the D.A. to anticipate tility, capable of occurring on a regular The convenience of electronic mail al• potential requests from the media. basis without modern news media re• most eliminates telephone call backs Often, in complicated or delicate cases, lease systems such as MCN, will affect and missed messages that waste valu• a police agency receives a request from the way the media cooperates with the able time. the district attorney not to publicize the agency or portrays its activities in the At the crime scene, the public infor• case. Too much publicity might cause a press. mation officer acts as a liaison between change of venue, increasing prosecu• The media computer network al• the department and the media. When a tion costs. Consequently, a news re• lows the agency to work with the media major event is in progress, the scene lease is written to the satisfaction of the more efficiently and eliminates claims commander cannot afford to act as a D.A., attributing comments to the inves• of favoritism . One release, complete public information officer. If there is a tigators involved. The media is asked to and accurate, is sent with the touch of a tactical problem, such as a barricaded structure interviews confined solely to computer key and received by all the subject or a serious felony, the com• the pre-approved information in the media at one time. If the officer relays a mander must be able to control the op• original release. thorough message, incoming questions eration and not be distracted by the me• In major cases with potential for from the media are minimal. MCN dia. great media concern, agencies on MCN saves time, both for the agency staff Often, reporters have a problem can process and file their news re• and the media facilities. accessing information about a crime; leases with the original case record. A former sheriff of Sacramento there is a reluctance to give information County was a motivating force behind too early in an investigation. Premature the development of such a communica• discussion of a case or release of perti• nent information might jeopardize suc• cessful completion of the case.

20 / FBI Law Enforcement Bulletin ______The sending agency and the receiving quickly by publicizing the child's photo To this end, a court calendar is re• facility have exact copies of any infor• and a description of the suspects' car leased daily over MCN by a Sacra• mation sent over MCN. If a lawyer that the abductors abandoned the child mento County deputy district attorney. claims adverse pretrial publicity, proof in a shopping center and fled the area. The media is thereby assisted in follow• of the information released to the public Case information is readily acces• ing cases through the legal maze to ter• is readily available. sible to the media from crime reports. mination. Now, not only the crime but The media computer network rep• Rapes, robberies, or purse snatchings the arrest, conviction, and jail sentence resents a new way of dealing with re• with bodily injury get the greatest news are publicized. A significant communi• porters and breaking cases. The role of coverage. But such stories of horrible cation posture has been established, the media officer is to help the depart• crime have a negative impact. How can whereby a crime deterrent is achieved ment solve crimes. The media contrib• law enforcement agencies counteract by using the media computer network. ute by broadcasting appeals for public this trend? The media computer network is assistance to fill in a restricted descrip• People are affected by police ac• also an investigative tool in terms of tion of a vehicle involved in a crime or tivity. They should be told what a police missing persons. Many families are in• by publishing calculated comments that agency is doing; it adds to their sense sistent that detectives attempt to use speak specifically to the person who of well-being . When a crime occurs in the media to locate a lost person. They committed the crime so that he might their neighborhood, it draws attention can be critical if all investigative ave• disclose his identity to an or - the police cars, the camera, the cor• nues are not used. MCN makes it easy surrender on his own. doned-off areas. People need reas• to satisfy their demands. It only takes a For example, a shooting occurs in• surance that an arrest has been made minute on the computer to ask the me• volving an individual asleep in an aban• before they comfortably return to their dia to pick up a picture of a missing per• doned car. Two o'clock in the morning daily routine. son. is an inappropriate time to canvass the A Pia's responsibility is to en• Because it is easy to operate, MCN neighborhood for witnesses. Limited re• hance the image of the public service is also used to provide the media with sources will delay timely questioning of agency and to inspire a high degree of human interest stories, accomplish• all the residents until the following day. public confidence. However, because ments of agency employees, crime sta• How does the department do a good of the time involved and the problems tistics, and humorous items that may job under these circumstances? encountered with the usual verbal or have taken place in normal day-to-day A printed news release goes out on written methods of transmitting informa• operations. It can also be used to make MCN disclosing the exact time and lo• tion to the media, and the media's di• the public aware of community service cation of the murder and requesting the lemma of restricted news staff size and programs in which the agencies play an media to make a plea for assistance competing news stories, little else active role. from people in the vicinity. One neigh• beyond the sensational receives atten• Above all, agencies interacting bor who responds heard shots, looked tion. with the media over the media out the window, and recognized some• Every community experiences computer network claim a better work• one carrying a deer rifle in a group more victims of misdemeanor crimes ing relationship among themselves. walking down the street. The shooter is than of felony crimes. There is a need MCN has virtually eliminated preferen• identified and arrested. The neighbor• to develop a partnership between law tial treatment in a very competitive busi• ing witness tells authorities that the me• enforcement and private citizens to re• ness. The media and public service dia coverage precipitated his call. crime. Law enforcement must so• agencies in Sacramento are working to• The Folsom City police chief licit community support to report crime gether to benefit the community. credits the media computer network and become involved. The public serv• with saving an abducted child in his ju• ice agencies must make an effort to risdiction. The network got the word out provide the media with positive stories, so rapidly and the media responded so law enforcement success stories. Suc• cess stories increase public awareness of a department's efforts on its behalf and generate public support and coop• eration.

______Februa~1987 / 21 Intrusive Body Searches A Question of Reasonableness

u • •• the search which satisfies the procedural protections of the fourth amendment must still be judged on the grounds of reasonableness. "

By The fourth amendment to the U.S. deemed unconstitutional if the execu- KIMBERLY A. KINGSTON, J.D. Constitution guarantees the right of the tion of that search would violate the people to be secure from unreasonable fourth amendment against Special Agent searches and seizures. ' Over the unreasonable searches and seizures. 4 FBI Academy years, the U.S. Supreme Court has as- This prohibition presents particular Legal Counsel Division sumed the unenviable task of interpret- problems when the object of the search Federal Bureau of Investigation ing this guarantee and developing con- is a person and the execution of the Quantico, VA comitant rules of procedure that em- search requires an actual intrusion into body both the protections and the pro- the body of that person. These prob- hibitions of the amendment. The most lems, as they pertain to the intrusive Law enforcement officers of other than fundamental of these rules states that body search, were recently addressed Federal jurisdiction who are interested any search conducted without a war- by the Supreme Court in the case of in any legal issue discussed in this arti• rant is per se invalid, unless it fits within Winston Lee. s cle should consult their legal adviser. v. one of the narrowly defined exceptions Some police procedures ruled per• to the warrant requ irement recognized BALANCING TEST missible under Federal constitutional by the Supreme Court. 2 For purposes In Lee, the Commonwealth of Vir- law are of questionable legality under of this article, it is important to note that ginia sought to compel Rudolph Lee, an State law or are not permitted at all. the reverse of this basic principle is not armed robbery suspect, to undergo sur- true; a search is not rendered per se gery for the removal of a bullet lodged valid simply because a warrant is ob- in his chest. Law enforcement officers tained or one of the recognized excep- were both willing and able to meet the tions applies. Rather, the fourth amend- procedural requirements of the fourth ment requires that searches not only be amendment by obtaining a search war- based on probable cause but also that rant authorizing the surgery. In fact, they authorize intrusions that are rea- grounds for the issuance of such a war- sonable in terms of their scope. There- rant were abundant. fore, the search which satisfies the pro- Ralph Watkinson, proprietor of cedural protections of the fourth 's Market, was closing the amendment must still be judged on the store for the evening when he saw an grounds of its reasonableness .3 In armed individual approach from the other words, any search, whether au- street. Fearing a robbery attempt, thorized by an otherwise valid warrant Watkinson drew his own revolver and or based on a recognized exception to pointed it in the direction of the oncom- the warrant requirement, may be ing intruder. When the intruder ordered Watkinson to "freeze," a shootout en- sued, in which Watkinson was shot once in each leg, and the intruder was

22 I FBI Law Enforcement Bulletin ______wounded in the left side of his chest be• Before addressing the precise is• fore making his escape to a nearby aI• sue presented in Lee, the Supreme ley. Once medical teams arrived at the Court took a fresh look at its previous scene, Watkinson was transported to decision in the case of Schmerber v. the Medical College of Virginia (MCV) California. 10 In Schmerber, the Court, for emergency treatment, but the in• dealing for the first time with a search truder was nowhere to be found. that intruded into the human body, con• Within minutes of receiving noti• cluded that "a state may, over the sus• fication of shots being fired at Lom• pect's protests, have a physician ex• bardy's Market, police officers were tract blood from a person suspected of summoned to an alley eight blocks drunken driving without violation of the Special Agent Kingston away, where they discovered Lee with suspect's right secured by the Fourth an apparent gunshot wound in his Amendment not to be subjected to un• chest. Prior to being taken to the reasonable searches and seizures."ll emergency room at MCV, Lee advised In reaching this conclusion, the Court the officers that he had been shot when found it necessary to weigh the individ• two men tried to rob him. Once inside ual suspect's interest in privacy and se• the emergency room, however, Watkin• curity against society's interest in fairly son, who at the time was still awaiting and accurately determining guilt or in• treatment, recognized Lee and identi• nocence. On balance, the Court in fied him as the intruder who initiated the Schmerber held that the forced re• shootout. moval of a blood sample by medically After further investigation, officers trained personnel, while unquestion• discounted Lee's version of how he ob• ably highly intrusive, was not such an tained his wounds and charged him unduly extensive invasion into the indi• with attempted robbery.6 In an effort to vidual's expectation of privacy as to obtain physical evidence linking him to outweigh society's interest in conduc• the crime, the Commonwealth sought a ting the search. 12 Therefore, because court order directing Lee to undergo the search also satisfied the procedural surgery for the removal of the bullet still requirements of the fourth amendment, lodged in his chest. Unable to contest it was not considered unreasonable. In successfully the existence of probable Schmerber, however, the Court voiced cause for such a search ,7 Lee chal• the following caution: lenged the constitutionality of the "The integrity of an individual's per• court's order to compel surgery on the son is a cherished value of our so• grounds that such an intrusive search ciety. That we today hold that the into his body would violate the fourth Constitution does not forbid the amendment prohibition against unrea• states minor intrusions into an indi• sonable searches. Lee's request for a vidual's body under stringently court order enjoining the surgery was limited conditions in no way indi• granted after several procedurally com• cates that it permits more substantial plex hearings in both State and Federal intrusions, or intrusions under other courts.8 Ultimately, the U.S. Supreme conditions. "13 Court agreed9 to consider whether the With this cautionary statement in mind, proposed surgery WOUld, in fact, con• the Supreme Court returned its atten• stitute an unreasonable search in viola• tion to the task of determining the rea• tion of Lee's fourth amendment rights. sonableness of the proposed bullet re• moval surgery in Lee.

______Februa~1987 / 23 " ... the reasonableness of any intrusive body search depends on a case-by-case application of the balancing test."

The problem confronting the Court search19 and (2) the availability of evi• refused to perform the surgery against in Lee was whether the forced removal dence from alternative, less-intrusive Lee's will, and a second surgeon had to of the bullet from Lee's chest was as in• sources.20 The remainder of this article be called in. Immediately prior to the nocuous as the forced removal of a will focus on these five factors, ana• scheduled surgery, the second surgeon blood sample or an example of the lyzing how each factor affected the out• reviewed Lee's x rays and discovered " more substantial intrusion" warned come of the Court's decision in Lee, that the bullet was much deeper than against in Schmerber.14 Employing the and determining what role these factors originally believed and its removal same balancing test used in the played in other cases involving intrusive would require the use of a general an• Schmerber case, the Court weighed body searches. esthetic. Armed with this new informa• Lee's interest in privacy and security tion, Lee was able to win an injunction against the Commonwealth's interest in INDIVIDUAL'S PRIVACY INTEREST staying the compelled surgery until the having surgery performed. This time, Threat to Life or Safety appellate review could determine the the balance tipped in favor of individual The question whether the pro• reasonableness of the proposed proce• privacy, and the proposed surgery was posed bullet removal surgery would dure. pronounced unreasonable. The Court pose a threat to the subject's life or On review, the Supreme Court in Lee was careful to emphasize that it safety was subject to considerable dis• scrutinized the testimony of the Com• was not proclaiming all compelled sur• pute in the Lee case. A major portion of monwealth's experts and found that al• gery, or even all compelled bullet re• the controversy was generated by a though the medical risks of the opera• moval surgery, unreasonable. Rather, shift in the location of the bullet, dif• tion were not apparently severe, the the reasonableness of any intrusive fering opinions as to the seriousness of very uncertainty exhibited by the ex• body search depends on a case-by• the proposed surgery by various medi• pert's testimony " mitigat[ed] against case application of the balancing test. 15 cal personnel, or a combination of the finding the operation to be 'reason• two. able."'23 In the opinion of the Court, the FACTORS CONSIDERED Pursuant to the Commonwealth's Commonwealth had failed to meet its Fortunately, there are a number of initial request for a court order directing burden of proving by clear and convinc• factors which provide the framework for Lee to submit to bullet removal surgery, ing evidence that the surgical proce• the balancing test, and these same fac• an evidentiary hearing was conducted dure would pose no serious threat to tors may be used as a guide by law en• to determine the feasibility of that re• the suspect.24 Thus, for purposes of the forcement officers when contemplating quest. At the evidentiary hearing, the balancing test, the weight of this factor the reasonableness of a proposed in• Commonwealth's medical expert testi• fell on the side of Lee's right to privacy tiusive body search. When calculating fied that in his opinion, the surgery and security. the weight of a person's privacy inter• would take approximately 45 minutes to In similar cases, other courts have est, the courts inevitably consider three perform and would involve a three- to evaluated the risks of bullet removal factors: (1) Any threat to life or safety four-percent chance of temporary nerve surgery with varying results. 25 In posed by the proposed procedure,1 6(2) damage and one-tenth of one-percent Bowden v. State, 26 for instance, the Su• the extent of the contemplated intrusion chance of death.21 Before the court is• preme Court of Arkansas was asked to upon the individual's bodily integritY,17 sued a ruling, new evidence was dis• quash a court order authorizing the re• and (3) the reasonableness of the covered , and a second evidentiary trieval of a bullet from the spinal canal method employed to carry out the hearing was convened. At this second of a robbery-murder suspect.27 Despite 18 search. On the other hand, when hearing, the same medical expert testi• the fact that the suspect's own doctors evaluating the extent of society's inter• fied that on re-examination, he found recommended the removal of the bullet, est in conducting the intrusive body the bullet in Lee's chest to be just be• the Court in Bowden held that the argu• search, courts commonly focus on two neath the skin. The proposed surgery, ment most favorable to the prosecution factors : (1) The reliability of the evi• therefore, would require only a one-half -"that the risk of serious complication dence sought through the proposed inch incision and would involve no dan• of [the suspect's] injury by removal of ger of death because it would be per• the bullet at least equals the risk of formed under local anesthesia.22 Given complication with the bullet left in this new evidence, the court did not place"28 - was not sufficient to justify hesitate to order the surgery. However, the Commonwealth's medical expert 24 / FBI law Enforcement Bulletin ______the surgery under the stringent stand• - to the trial court's order. The trial sive the search, the more likely the bal• ard of reasonableness enunciated by judge's factual finding that the re• ance of interests will lean in favor of the fourth amendment. Consequently, moval of the presumed bullets from personal privacy. as in Lee, the Court in Bowden de• under [Hughes'] skin would be a When deciding how much weight clared the proposed compelled surgical minor surgical procedure involving to apportion to this factor, some courts procedure unreasonable and quashed virtually no risk is not only supported have had difficulty determining what cri• the lower court order authorizing the by the evidence ... but also no evi• teria should be used to calculate "intru• operation. dence to the contrary has been prof• siveness."34 In United States v. Vega• In contrast, the District of Columbia fered by [Hughes]."32 Barvo,35 for instance, the 11th Circuit Court of Appeals, in the case of Hughes Thus, Hughes was compelled to submit Court of Appeals considered the intru• v. United States,29 upheld a court order to the surgical removal of the bullets in siveness of an x ray search. The court compelling bullet removal surgery. a search deemed reasonable under the analyzed its options as follows: Hughes, also the suspect in a robbery• fourth amendment. "[I]t is necessary to decide whether homicide,30 was admitted to the hospi• Bowden and Hughes present strik• intrusiveness is to be defined in tal with five gunshot wounds in his ingly similar fact situations. Both cases terms of whether one search will body. After emergency surgery was involve murder suspects allegedly shot reveal more than another, or performed, it became apparent that during the commission of a robbery. whether intrusiveness is to be inter• three small caliber bullets were imbed• Also, due to a lack of witnesses and preted in terms of the indignity that ded just under the skin of Hughes' right other physical evidence, the bullets in will be suffered by the person being side and right hip. At first, Hughes question were critical to the prosecution searched. For example, is an x-ray agreed to the removal of the bullets, but in both cases. Additionally, prosecutors more intrusive than a cavity search promptly withdrew his approval when in both cases had more than ample because it will reveal more than he discovered they would be turned probable cause to support the issuance the cavity search, or less intrusive over to the police as evidence. Conse• of a search warrant authorizing the sur• because it does not infringe upon quently, the prosecutor sought a court gical removal of the bullets. The one human dignity to the same extent as order compelling Hughes to submit to fact that separates these two cases is a search of private parts? A person the surgery. In response to the pros• the degree of risk involved in the pro• can retain some degree of dignity ecution's request, an adversary hearing posed surgery. In Bowden, the con• during an x-ray, but it is virtually im• was conducted during which two wit• templated surgery posed a consider• possible during a rectal probe, de• nesses testified. One witness estab• able risk and was consequently spite the more limited scope of such lished probable cause for the search declared unreasonable and unconstitu• a search."36 while the other witness, a renowned tional. In Hughes, on the other hand, Ultimately, the court in Vega-Barvo, surgeon, assured the court that the bUl• the surgery presented little or no risk, opting to focus on the indignity of the lets, which were in the fatty tissues very and thus, was both reasonable and search instead of its scope, concluded close to the surface of the skin, could constitutional. The deciding factor in that the x ray search was less intrusive be readily and safely removed by using each case was, therefore, the threat to than the body cavity search37 and a minor surgical procedure. Further• life or safety caused by the intrusive should, therefore, be given less weight more, the surgeon testified that the body search. 33 when applying the balancing test. This risks inherent in the proposed proce• conclusion, though not uniformly ac• dure were "extremely nil."31 Finding the Extent of Intrusion cepted by all courts,38 is seemingly sup• prosecution's evidence convincing, the on Bodily Integrity ported by the U.S. Supreme Court. In trial court issued an order compelling By definition, every search of a the Schmerber decision, the Supreme the surgery. On review, the court of ap• person involves some intrusion on Court stated that "[t]he overriding func• peals upheld the order and justified its bodily integrity. Obviously, not all such tion of the Fourth Amendment is to pro• decision as follows: searches are unreasonable. Rather, tect personal privacy and dignity "Considering all the circumstances the reasonableness of the search will of this case, we find no legal impedi• depend, in large part, on the degree or ment - constitutional or otherwise extent of the intrusion. The more intru•

______Februa~1987 / 25 u••• the prosecution must be able to demonstrate a strong likeli• hood that reliable evidence will be obtained as a result of the search."

against unwarranted intrusion by the tion that caused him to vomit the cap• ter how rudimentary, should be con• state."39 Similarly, in Lee, the Court sules. The contents of the capsules, an ducted by medically trained personnel found that a fourth amendment analysis undisclosed amount of morphine prep• in a sterile surrounding. of a search necessarily involved an as• aration, were later used to convict Because there was never any sessment of "the extent of intrusion Rochin on charges of narcotics posses• question that the bullet removal surgery upon the individual's dignity interest in sion. On review, however, the Supreme proposed in Lee would be performed in personal privacy and bodily integrity."40 Court found that the methods employed a hospital by suitably trained profes• Not surprisingly, the Court in Lee, to obtain the evidence used against sionals, this factor did not playa major apparently adopting the definition of Rochin were "too close to the rack and role in the Court's decision making proc• " intrusiveness" announced in Vega• the screw to permit of constitutional dif• ess. Other courts, however, have Barvo, held that the proposed bullet re• ferentiation"46 and reversed the convic• weighed this factor very heavily when moval surgery imposed an extreme in• tion. less pristine methods have been trusion on Lee's privacy interest. 41 Of The Court in Rochin was dis• employed to carry out intrusive body import to the Court was the fact that the turbed, not so much by the fact that an searches. 52 For example, in United Commonwealth intended to "take con• intrusive body search had occurred, as States ex reI. Guy v. McCauley,53 the trol of [Lee's] body, to 'drug this citizen by the methods employed to carry out U.S. District Court for the Eastern Dis• - not yet convicted of a criminal of• that search. On this point, the Court trict of Wisconsin, applying the balan• fense - with narcotics and barbiturates made the following statement: cing test, declared a body cavity search into a state of unconsciousness' and "This is conduct that shocks the unreasonable because of the manner in then search beneath his skin for evi• conscience. Illegally breaking into which it was conducted. dence of a crime."42 Recognizing the the privacy of [Rochin,] the struggle Betty Jean Guy, a convicted felon magnitude of the assault on bodily in• to open his mouth and remove what who was 7 months pregnant at the time tegrity generated by this type of govern• was there, the forcible extraction of her arrest, was forced to submit to mental action, the Court in Lee charac• of his stomach contents - this two body cavity searches. The first terized the extent of the intrusion as course of proceeding by agents search was conducted by two policewo• "severe"43 and afforded this factor a of government to obtain evidence men in the bathroom of Guy's apart• commensurate measure of weight.44 is bound to offend even hardened ment shortly after her arrest. Because sensibilities."47 of the cramped quarters and poor light• Reasonableness of Methods ing, the officers were unable to com• Since Rochin, law enforcement officers Employed plete their examination. have struggled to find methods of con• The controversy over what ducting intrusive body searches that Consequently, a second body cav• methods may reasonably be employed would not "shock the conscience" of ity search was performed in the vice to carry out intrusive body searches be• the Court. In SChmerber,48 the struggle squad room at police headquarters. gan over 3 decades ago in the case of was abated somewhat when the Court There, officers found and removed from Rochin v. California. 45 In Rochin, police recognized the extraction of a blood Guy's vagina a packet containing .29 officers, acting without probable cause, sample as a reasonable means of test• grams of heroin. Subsequent to a con• forced their way into a bedroom where ing a suspect's blood-alcohollevel.49 Of viction on charges related to the pos• they saw Rochin, a suspected narcotics course, the blood test at issue in session, Guy challenged in Federal user, put two capsules into his mouth. Schmerber was "taken by a physician court the use of the heroin as evidence Failing in their attempts to retrieve the in a hospital environment according to against her. On review, the U.S. district capsules before they were swallowed, accepted medical practices."so Conse• court made the following observations: the officers arrested Rochin and trans• quently, the Court did not have to de• "The police actions in this case ported him to a nearby hospital where cide whether a blood test administered abused common conceptions of he was forced to ingest an emetic solu• under less stringent conditions would decency and civilized conduct. ... nevertheless be reasonable .51 Com• [Guy,] at the time of the searches, mon sense, however, dictates that any was seven months pregnant; she intrusive body search which involves was painfully forced to bend over the use of a medical technique, no mat•

26 I FBI Law Enforcement Bulletin ______twice; and the two policewomen trusive body search on an individual's X rays taken subsequent to his ar• who perpetrated the search were privacy interest, a court must turn its at• rest confirmed that a bullet remained not medically trained, nor did they tention to society's interest in conduct• lodged approximately one-half inch be• utilize medical facilities or equipment ing the search. While society's interest low the skin surface of McCaskill's left to aid them in their search, nor was - to fairly and accurately determine leg. A court order authorizing surgical it done in a hospital or medical en• guilt or innocence57 - is of great impor• removal of the bullet was obtained. On vironment."54 tance, it cannot begin to outweigh the review, however, the court of appeals These observations led the court to individual's privacy interest unless a reversed that order after weighing so• conclude that the "uncivilized" manner compelling need to conduct the search ciety's interest in conducting the search in which these searches were con• is shown.58 Clearly, society's need falls and finding it wanting due to the lack of ducted far outweighed all other consid• short of compelling if the search at is• "a 'clear indication' that evidence of the erations, and thus, the searches were sue would produce only items of ques• requisite character would be ob• unreasonable. tionable evidentiary value. Conse• tained."62 In explanation, the court It is noteworthy that not all intrusive quently, if there is to be any hope of pointed out that over the past 4 years, body searches need be conducted by tipping the scales in favor of society's the fine rifling striations on the bullet medically trained personnel in a hospi• interest, the prosecution must be able needed to make a ballistics comparison tal environment to be reasonable. to demonstrate a strong likelihood that had most likely been altered or de• Some searches that intrude into the reliable evidence will be obtained as a stroyed by the effects of McCaskill's body require no medical procedures result of the search. body fluids, and therefore, the evidenti• and can reasonably be performed by In Lee, the weight in favor of the ary value of the bullet was speculative any law enforcement officer. A typical defendant's privacy interests was so at best. example of such a search is the forced overwhelming that the court barely took Undaunted, the prosecution ob• intrusion into a suspect's mouth to re• time to consider what evidentiary value tained a rehearing on this matter in an trieve evidence secreted there. Al• the bullet might have had if it was re• effort to convince the court that the bul• though this type of search is not as in• covered. 59 In other cases involving in• let in question had evidentiary value trusive as compelled bullet removal trusive body searches, however, the apart from the rifling striations. Specifi• surgery, it is scrutinized under the same court's assessment of the reliability of cally, the prosecution reminded the fourth amendment standard and must the evidence sought has been a declin• court that because McCaskill claimed pass the same balancing test. To do so, ing factor. 60 In Doe v. State,61 for exam• his injury was accidentally inflicted with the intrusion must be accomplished ple, the perceived evidentiary value of a a .22-caliber rifle, the size and weight of through methods that are reasonable. bullet lodged in a suspect's leg induced the bullet had evidentiary significance While most courts recognize that some a Florida court of appeals to first re• as well. Recognizing the validity of the force is necessary to compel an un• verse then, on rehearing, affirm a lower prosecution's argument, the court held suspect to reveal the con• court order authorizing surgical removal that the bullet itself was sufficiently reli• tents of his mouth, to be reasonable the of the bullet. able evidence and affirmed the lower amount of force used should not ex• Hamby McCaskill, defendant in court order authorizing the removal sur• ceed that which is absolutely neces• Doe, was suspected of murdering a gas gery. sary.55 In an extreme instance, it may station attendant during an armed robb• Doe clearly illustrates the impor• be advisable to allow the suspect to ery attempt. The initial investigation in• tance of demonstrating that reliable evi• swallow the evidence and retrieve it la• dicated that the victim, prior to his dence will be obtained as a result of an 56 ter by alternative means. To act other• death, fired four rounds from a .32-cali• intrusive body search. The surgery at wise would increase the risk of a court ber pistol. It wasn't until 4 years later issue in Doe was minor, posing little or viewing the amount of force used as ex• that police officers, acting on an inform• no threat to McCaskill's life, and un• cessive and declaring the intrusion un• ant's tip, developed probable cause to doubtedly going to be performed by reasonable. arrest McCaskill by uncovering hospital suitably trained medical personnel. Yet, records establishing that he had been SOCIETY'S INTEREST treated for a gunshot wound the morn• Reliability of Evidence ing after the robbery attempt. After weighing the effects of an in•

______Februa~1987 / 27 "The reasonableness of [a] search will be determined by weighing the individual's privacy interests against the government's interests in conducting the search." the court of appeals refused to permit Watkinson's report that the robber On appeal, Cameron argued that the in• the intrusion, finding it unreasonable 'jerked' to the left."63 trusive body search that led to the re• under the fourth amendment, because For these reasons, the court concluded covery of the heroin violated the fourth there was no "clear indication" that the that the Commonwealth's need to force amendment prohibition against unrea• surgery would produce reliable evi• Lee to undergo the contemplated sur• sonable searches and seizures. Con• dence. Not until the prosecution came gery was substantially less than com• curring, the court of appeals sup• forward with this "clear indication" pelling and apportioned the weight at• pressed the evidence and reversed would the court allow the balance to tributable to this factor accordingly. Cameron's conviction. One of the rea• shift in favor of society's interest in per• Similarly, in United States v. Cam• sons for the reversal 65 was that there forming the surgery. eron,64 the U.S. Court of Appeals for the was no compelling need to conduct the Ninth Circuit concluded that the govern• body cavity search. Cameron, who was Available Alternatives - Necessity ment's need to conduct a body cavity going to remain in custody for violating The final factor a court must weigh search fell somewhat short of compel• the conditions of his bond, would have when applying the balancing test - or ling. This conclusion, however, was not eventually eliminated the heroin natu• more specifically, when determining based on any belief that ample alterna• rally. Thus, the court concluded that the whether the prosecution has a compel• tive evidence existed to negate the same evidence could have been ob• need for the search. Rather, the court in ling need to conduct an intrusive body tained by simply observing Cameron Cameron found that the same evidence search - is the availability of alterna• while in custody - a decidedly less-in• seized as a result of the body cavity tive sources or types of evidence. No trusive means than the body cavity search could have been obtained matter how reliable the sought-after evi• search. dence may be, if that same evidence through less-intrusive means. Cameron, a habitual heroin user, could be obtained by less-intrusive CONCLUSION was stopped by customs officers as he means or is made superfluous by the All fourth amendment searches fall existence of other admissible evidence, attempted to return to the United States into three general categories: (1) Some then the prosecution's need to conduct after making a trip to Mexico. The ensu• searches, because they are minimally the search simply cannot be compel• ing investigation, which included a vis• intrusive, may be conducted without a ling. ual body search, gave the customs of• ficers reason to believe Cameron was warrant;66 (2) other searches, because In Lee, while there was no means concealing narcotics in his rectal cavity. they are more intrusive or implicate less intrusive than the proposed sur• A telephone call to the U.S. attorney's higher privacy values, require war• gery to retrieve the bullet from the sus• office, placed prior to taking Cameron rants;67 and (3) still other searches, be• pect's chest, the court held that ample to a medical facility for a cavity search, alternative evidence existed to negate cause they are so intrusive or involve revealed that Cameron was currently the prosecution's need for the bullet. such high levels of privacy, simply may free on bond while awaiting trial on nar• The court's reasoning is embodied in not be conducted notwithstanding the cotics charges, and his trip to Mexico the following statement: existence of a warrant. 68 Although intru• was a violation of the conditions of his sive body searches raise issues of per• "The Commonwealth has available bond. The officers were, therefore, di• sonal privacy and dignity not normally substantial additional evidence that rected to detain Cameron regardless of raised by other types of searches, they [Lee] was the individual who ac• the results of the cavity search. may still fall into anyone of these three costed Watkinson on the night of At the hospital, Cameron was sub• categories.69 the robbery. No party in this case jected to two rectal probes, given two Regardless of what category a par• suggests that Watkinson's entirely warm enemas, and forced to drink an spontaneous identification of [Lee] at oral laxative before he finally passed a ticular intrusive body search falls within, the hospital would be inadmissible. condom containing heroin. The heroin the reasonableness of that search will In addition [the Commonwealth] can was introduced at Cameron's trial, over be determined by weighing the individ• no doubt prove that [Lee] was found his objections, and he was convicted. ual's privacy interests against the gov• a few blocks from Watkinson's store ernment's interests in conducting the shortly after the incident took place. search. If, for instance, the search falls And [the Commonwealth] can cer• within the first category and can be con• tainly show that the location of the bullet ... seems to correlate with

28 I FBI Law Enforcement Bulletin ______Footnote. 2JlSupra note 26,at 881 . ducted without a warrant, the law en- 29429 A.2d 1339 (D.C. App. 1981). 1 U.S. Const. amend. IV reads: "The right of the 30Hughes was suspected of murdering Richard forcement officer contemplating the people to be secure in their persons, houses, papers, Edwards during an armed robbery. Edwards, a restaurant and effects, against unreasonable searches and seizures manager licensed to carry a pistol, was taking daily search will have to apply the balancing shall not be violated, and no Warrants shall issue, ' proceeds to the bank when he was shot and robbed but upon probable cause, supported by Oath or affirma- test to determine what procedures are by a black male. Edwards, before he died, fired five tion, and particularly describing the place to be searChed, shots at his assailant. A trail of at scene Indi- reasonable, then act accordingly, The and the persons or things to be selzed." blood the cated that the assailant hed been wounded. Approximately 2Katz V. United States 389 U.S. 347 (1967). officer's actions will subsequently be one­half hour later, Hughes was admitted to a nearby 3See, e.g., Schmerber V. Calilomia, 384 U.S. hospital; he had been shot five times. judged by a court employing the same 757 (1966) [hereinafter c~ed as Schmerber}. 31Supra note 29, at 1340. 'See, e.g., Winston v. Lee, 105 S.Ct. 1611 (1985) balancing test. If, however, the search 32ld. at 1341 . [hereinafter cited as Lee}. 33ln the Matter 01 a Paternity Proceeding Joseph falls within the second or third category SLee, supra note 5. P.M. on Behalf 01 Karen S. v. Boyce R., 487 N.Y.S.2d 685 61n addition to attempted robbery, Lee was also because it involves a greater intrusion (1985), this factor provided respondent with a novel charged with malicious wounding and using a firearm argument. Petitioner Karen Smyth named Boyce Rawson in the commission of a felony. or a higher level of personal privacy, a as father of her child, and thmugh the State, brought 7Watklnson's spontaneous identification of Lee an action for child support. Rawson, a correction offICer court, applying the balancing test, will and the fact that Lee was found only a few blocks from denied patemity and was ordered to submit a blood ' the scene of the crlme with a bullet wound in his chest have to be convinced of the reason- test. Rawson challenged the order, claiming that the combined to make any attempt to challenge the prosecu- risks involved made the forced extraction of his blood ableness of that search before it can be tion's probable cause Mile. unreasonable. Specifically, Rawson argued that because 6Lee's original challenge was rejected by the State conducted. his work brought him In contact with AIDS victims, trial court that issued the order authorizing the surgery the puncture wound resu~ing from a blood test would In light of the special sensitivities and hiS subsequent request for a writ of habeas corpus pose a serious threat to his hea~h . However, the court, was denied by the Virginia Supreme Court and the raised by an intrusive body search, law after hearing expert testimony indicating that no open Federal district court. After new evidence was discovered wound results from venipuncture because the skin Imme- Lee renewed his challenge but was again rejected ' enforcement officers are advised to ob- diately seals ~n, found that the blood test would by the trial court and the Virginia Supreme Court. not jeopardize respondent's hea~h and rebuked the tain, whenever possible, a search war- How~ver , the Federal district court, after an evidentiary challenge. heanng, supported Lee's challenge and issued an rant which both authorizes the search 34See, e.g., United States v. Elk, 676 F.2d 379 order enjOining the surgery. The U.S. Court of Appeals (9th Cir. 1982). and particularly describes a reasonable for the Fourth Circun affirmed. 35729 F.2d 1341 (11th Cir. 1984). 9466 U.S. 942 (1984) (cert" granted). means of conducting the search, This 36ld. at 1345. 10Schmerber, supra note 3. 371n Vega-Barvo, the Court "isolated three factors added precaution will likely reduce the "Lee, supra note 4, at 1614. which contribute to the personal indignity endured 121d. at 1617. risk of civil liability and ensure the ad- by the person searched: (1) physical contact between 13Schmerber, supra note 3, at 772. the searcher and the person searched; (2) exposure "Lee, supra note 4, at 1514. missibility of evidence. Indeed, scru- of intimate body parts; and (3) use of force." Id. at 1346. lSld. at 1616. 36See, e.g., United States V. Shreve, 697 F.2d pulous execution of such a warrant may 16See, e.g., Bowden V. State, 510 S.W.2d 879 873 (9th Cir. 1983); United States V. Elk, 676 F.2d (ArI<. 1974); Hughes v. United States, 429 A.2d 1339 invoke the good faith exception to the 379 (9th Cir. 1982). (D.C. App. 1981); Brown v. State, 231 S.E.2d 65 (Ga. 38Schmerber, supra note 3, at 767. exclusionary rule and prevent the sup- 1976); Creamery. State, 192 S.E.2d 350 (Ga. 1972). "'Lee, supra note 4, at 1617. 17See. e.g., United States v. Vega-BaNo, 729 pression of evidence seized during the . ''In Lee, the Court wamed that "a compelled surgical F.2d 1341 (11 th Cir. 1984); United States V. Sanders, Intrusion Into an individual's body for evidence ... impli- search subsequently declared unrea- 663 F.2d 1 (2d Cir. 1981); People V. Scott, 578 P.2d cates expectations of privacy and security of such magni- 123 (Cal. 1978). sonable.1° tude that the intrusion may be 'unreasonable' even 18See, e.g., United States v. Cameron, 538 F.2d if likely to produce evidence of a crime." Id at 1616. 254 (9th Clr. 1976); Huguez V. United States, 406 Because the law enforcement of- 42ld. at 1619. F.2d 366 (9th Cir. 1966); United States ex rei. Guy

______Februa~1987 / 29 49ln Schmerber, the Court reoognized that blood 56See, e.g., State v. Lewis, 566 P.2d 678 (Ariz. 61409 So.2d 25 (Fla. App. 1982). tests are "oommonplace in these days of periodic physical 19n); State v. Jaques, 587 P.2d 861 (Kan. 1978); 62ld. at 27. examinations and experience with them teaches that People v. Holloway, 330 N.w.2d 405 (Mich. 1982); State 63Lee, supra note 4, at 1619. the quantity of blood extracted is minimal, and that for v. Santos, 243 A.2d 274 (N.J. Super. 1968). 114538 F.2d 254 (9th Cir. 1976). most people the procedure involves virtually no risk, 56See, e.g., State v. Williams, 560 P.2d 1160 (Wash. 1!6()ther reasons for reversal voiced by the court trauma, or pain." Schmerber, supra note 3, at nl. App. 19n) wherein the oourt suppressed heroin extracted were the highly intrusive nature of the search and lhe OOld. from a suspect's mouth after he was "pinned to the "humiliating" manner In which ~ was oonducted. 51The Court in Schmarber, was "not presented couch" by an officer who pinched the suspect's nose 86See, Tarry v. Ohio, 392 U.S. 1 (1968). with the serious questions which would arise if a search and spread his mouth open while another officer "choked 67See, Katz v. United States, 389 U.S. 347 (1967). involving use of medical technique . .. were made by off' his air supply. 86See, e.g. , Lee, supra note 4. other than medical personnel or in other than a medical 57Lee, supra note 4, at 1618. 8OFor example, the forced inspection of an arrestee's ~ environment - for example, if were administered 56ld. at 1619. mouth is a relatively minor intrusion that normally can by police in the privacy of the stationhouse." However, SIIld. at 1619 n.l0. be done ~hout a warrant. On the other hand, more sig- ' ~olerate the Court wamed that to searches under these 8OSee, e.g., People v. Scott, 578 P.2d 123 (Cal. nificant intrusions, such as probing body cavities or oondltions might be to invite an unjustified element 1978) (oompeiled production of semen sample in child oompelling surgical procedures will, absent oonsent or of personal risk of infection and pain." Id. at n2. molestation case rejected where the evidence sought, emergency, require the production of a warrant. Finally, S2See, e.g., United States v. Carpenter, 496 F.2d signs of trichomaniasis, was highly circumstantial and in extreme cases, an intrusive body search may pose 855 (9th Clr. 1974); Haguez v. United States, 406 speculative); State v. Haynie, 242 S.E.2d 713 (Ga. 1978) such a severe threat to the Individual that the search may v. F.2d 366 (9th Cir. 1968); State Williams, 560 P.2d (defendant's request for a oourt order oompelling the not be oonducted despite the fact that ample grounds 1160 (Wash. App. 19n). victJm of a shooting to undergo bullet removal surgery for the issuance of a warrant exist. 53 385 F.Supp. 193 (E.D. Wis. 1974). was denied on the grounds that no oonclusive ballistics 7OSee, Massachusetts v. Sheppard, 104 S.Ct. at 198. 54ld. oomparison oould be made due to a "chain of custody" 3424 (1984) and United States v. Leon, 104 S.Ct. problem). 3405 (1984).

Parking Meter Key

The San Diego area had been experiencing numerous thefts from Duncan Vip­type parking meters. Law enforcement personnel subsequently observed an individual opening these meters with a device that allowed easy access. The device was made from electrical connectors soldered together and attached to a handle. Further in- vestigation indicated that these are widely used for unlawful entry into parking meters throughout the United States. (Submitted by the San Diego, GA. Harbor Police.) II JI '1

30 / FBI Law Enforcement Bulletin ______• WANTED BY THE lJS1 g3TI

Any person having information which might assist In locating these fugitives IS requested to notify immediately the Director of the Fee'eral Bureau of In• vestigation, U.S. Department of Justice, Washington, DC 20535, or the Special Agent in Charge of the nearest FBf field office, the telephone number of which appears on the first page of most local directories. Because of the time factor in printing the FB I Law Enforcement Bulletin, there IS the possibility that these fugitives have already been apprehended. The nearest office of the FBI will have current Information on the fugitives' status.

Photographs taken in 1975, 1980, 1983

Photograph taken in 1981 Photographs taken in 1977 John Alexander Riccardi, also known as Dean Riccardi, Dean A. Riccardi, Jackie Riccardi, John Riccardi, Stephen Kent Mitchell, Pascual Alfonseca, John A. Riccardi, Rick Riccardo, George also known as Stephen K. Mitchell. also known as Pascual Alfonsecaa, Jr., Sammartino, Emanuel Shaprro. W; born 6-16-45; Evanston, IL (not sup- Pascual Alfonsa, Pascual Alfonseca­Ozoria, W; born 10­1­35, Yonkers, NY; 5' 11 "- ported by birth records) ; 5'9"­5' 10"; 150 Pascual Ozoria, "Pedro," "Pacolo." 6'; 180 Ibs; Ige bid ; brn hair; hzl eyes, Ibs; med bid; brn/graying hair (may be B; born 5­28­58; Dominican Republic (not med comp; occ­bar owner, businessman, wearing beard) ; bl/hzl eyes; med comp; supported by birth records) ; 5'8"; 140- food manager, owner/hairstylist; occ­bank management, financial consultant; 150 Ibs; sldr bid ; blk hair; brn eyes; drk scars and marks: Mole on right cheek; remarks: Enjoys tennis and racquetball. comp; occ­Iaborer. remarks: Avid weight lifter, health food Wanted by the FBI for INTERSTATE Wanted by the FBI for INTERSTATE addict; may wear glasses and dye hair FLIGHT­FAILURE TO APPEAR; AT- FLIGHT­MURDER, AGGRAVATED ROBB- black. TEMPTED MURDER; CONSPIRACY TO ERY, ATIEMPTED AGGRAVATED BUR- Wanted by the FBI for INTERSTATE MURDER; SOLICITATION TO MURDER. GLARY. FLIGHT­MURDER. NCIC Classification: NCIC Classification: NCIC Classification : DOP023DI21DI21182121 16PI16P01516PIPIPI15 25101313062210161309 Fingerprint Classification: Fingerprint Classification: Fingerprint Classification : 23 0 29 W 001 21 Ref: 29 29 29 16 M 27 W 100 15 25 L 1 U 001 6 Ref: 1 1 17 U 000 18 21 22 M 4 W III L U 001 3 1.0. 4949 1.0. 4928 1.0. 4960 Social Security Number Used: 495­46­5931 Social Security Number Used: 050­50­1367 Social Security Number Used: FBI No. 825 756 W9 FBI No. 484 345 V10 051 ­28­8672; 051 ­28­8072 Caution Caution FBI No. 152 655 C Mitchell is being sought for failure to ap- Alfonseca is being sought in connection Caution pear, attempted murder, conspiracy to with the murder of a paraplegic who was murder, and solicitation to murder a female Riccardi is being sought in connection with shot with a large caliber revolver during the the shooting murder of two female victims. victim. Consider Mitchell armed and dan- robberylburglary of his residence. Consider gerous. He reportedly has suicidal tendencies and Alfonseca armed and dangerous. vows not to be taken alive. He may be armed with a .38 revolver or a .357 mag- num revolver. Consider armed and dan- gerous.

Right index fingerprint Left ring fingerprint

Right thumbprint

­­­­______F ebrua~ 1 987 / 31 WANTED BY THEIJ5'1 gjO

Photographs taken in 1977, 1979, 1981

David Richard Davis, Glyde Earl Meek, Claude Lafayette Dallas, Jr., also known as Dave R. Davis, Dave Davis. also known as Daniel M. Burton, D. Mike also known as Jack James Chappel, W; born 9-27-44; Flint, MI ; 6' to 6' 1"; Daniels, Daniel Mikel Daniels, Michael Claude Dallas, Claude L. Dallas, Claude L. 180-210 Ibs; Irge bid ; It brn to bid hair; Kelley, Carl E. Meek, Clyde E. Meek, Clyde Dallas, Jr., Claude Lafayette Dallas, Claude bl eyes; ruddy comp; occ-farmer, fisherman, Earl Meeks, Earl C. Meek, Mike G. Meek, L. Dalles. personnel supervisor, school teacher, "Shorty", and others. W; born 3­1 1­50, Winchester, VA; 5' 10"; scuba diver; W; born 7­22­35 (True date of birth), 170­180 Ibs; med bid ; brn hair; brn eyes; remarks: He can convincingly present 7­22­37, Pasco, WA; 5' 10"; 185 Ibs; stky ruddy comp; occ­cowboy, farmhand, gen- himself as a doctor, nurse, or pharmacist, bid ; brn­gray hair (balding); bl eyes, ruddy eral laborer, gunsmith, logger, ranch hand, is an experienced recreational sailor and comp; occ­carpenter, salesman, sign trapper, truck driver; good paddle ball player, represented him- painter, truck driver, vehicle repossessor, scars and marks: Bullet wound scar outside self as a harpsichord player and has wood carver; scars and marks: Scar upper left calf; fondness for color yellow, reportedly speaks chest, tattoo of roses on upper right arm, remarks: Reportedly a loner and outdoors- Spanish and French; scars and marks: cast gold inlay on right incisor tooth; man, neat and meticulous in attire, usually Cut scar on top of head, scar on forehead remarks: Known to wear a hair piece, wears western' outdoor wear and wire near hairline, surgical scars on lower back reportedly wears large silver belt buckle rimmed glasses, has demonstrated his pro- and lower abdomen, "hammerhead and a silver and turquoise ring on left hand. ficiency with firearms, reportedly speaks thumbs," very wide, with very short nails. Wanted by FBI for INTERSTATE FLIGHT- Spanish, has worn long hair and pony1ail in Wanted by FBI for INTERSTATE FLIGHT- MURDER. the past. MURDER. NCIC Classification: Wanted by FBI for INTERSTATE FLiGHT- VOLUNTARY MANSLAUGHTER; ES- NCIC Classification: POTI010709DI62050809 CAPE. 23TI1 008072055131 008 Fingerprint Classification: NCIC Classification : Fingerprint Classification: 1 0 5 T II 9 12AA0807041652081308 23L1T 117 17 R 011 Fingerprint Classification : L R 101 1.0 . 5007 12 M 1 A II 4 1.0. 4944 Social Security Nos. Used: M R III Social Security Number Used: 380­44­0596 527­59­5297; 536­30­4342 1.0. 5008 FBI No. 501 337 X1 0 FBI No. 732 602 B Caution Social Security Numbers Used: Caution 270­48­0246; 270­48­0296; 270­40­0476 Davis is being sought in connection with the Meek is being sought in connection with multiple murders in which the victims were FBI No. 208406 M1 murder of his wife by reportedly injecting bound, gagged, and stabbed multiple times. her with a strong muscle relaxer. Consider Caution He is reportedly in possession of a shotgun. Davis armed, dangerous, and a suicidal Dallas, who is being sought as a prison es- Consider armed and dangerous, escape risk. capee, was at the time of escape serving a risk, suicidal tendencies. Meek may be ac- lengthy sentence for the shooting murders companied by Page Jennings, white of two fish and game conservation officers. female, date of birth January 2, 1964. JEN- Dallas, who has always been armed in the NINGS IS NOT WANTED BY LAW EN- past, has claimed he will not be taken alive. FORCEMENT AUTHORITIES. Consider armed, extremely dangerous, and an escape risk. FBI TOP TEN FUGITIVE

~<=.<--==o.""","-'-'~ Left middle fingerprint ~~~ ~§~~~ Right index fingerprint

32 I FBI Law Enforcement Bulletin ______e Interesting Pattern

The minimum requirements of a whorl are two deltas and a recurve in front of each. Although this impres• sion has two deltas, it lacks a recurve in front of the left delta, and therefore, cannot be classified as a whorl. It is classified as an upthrust tented arch.

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The Bulletin Notes

Officer Edwin Marok of the Toledo, OH, Police Department re• sponded to an accident while off duty where a semi-tractor trailer had struck an automobile, pushing it into the rear of another automobile. Both cars caught fire. Officer Marok, realizing that the automobiles could explode at any moment and observing a young woman unconscious in the front seat of one car, forced the door open and carried the woman to safety. Seconds later both automobiles exploded. The Bulletin is very pleased to join Officer Marok's superiors in recognizing his heroism.

Officer Marak

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