~}YORCEMENT rBl BULLETIN

NOVEMBER 1980. VOLUME 49. NUMBER 11 Contents

Cooperation 1 Spokane's Robbery Education Program By John D. Moore, Crime Prevention Officer/Program Coordinator, Police Department, Spokane, Wash,

Investigative 6 Nonverbal Communications in Interrogations Techniques By Merlin S. Kuhlman, Special Agent, U.S. Army Criminal Investigation Command, Fort Riley, Kans.

Facilities 10 Problems of Today-Solutions for Tomorrow: Cities Within Cities By Sheriff Gene Barksdale and Lt. W. Lee Forbes, Sheriff's Planning Unit, Shelby County, Tenn.

Forensic Science 16 Obtaining Saliva Samples from Bitemark Evidence By Roger E. Mittleman, MD., Office of Medical Examiner, Miami, Fla., Willard Carl Stuver, M.S., Public Safety Department, Dade County, Fla., and Richard Souviron, DD.S., A.B.F.O., Dade County Medical Examiner's Office, Miami, Fla.

Terrorism 20 Tactical Crisis Management: The Challenge of the 80's By W. Ronald Olin, Assistant Chief of Police, Police Department, Lawrence, Kans.

The Legal Digest 26 Probable Cause to Search: The Use of Inferences By Robert L. McGuiness, Special Agent, Legal Counsel Division, Federal Bureau of Investigation, Washington, D,C.

32 Wanted by the FBI

The Cover: The Federal Bureau of Investigation Published by the Public AHairs OHice, Newberg, Oreg., Police Roger S. Young Department sends a United States Department of Justice 6'4" sergeant to Washington, D.C. 20535 Inspector In Charge kindergarten to explain Edllor­Thomas J. DeakIn that being a policeman is a big job. Photograph by William H. Webster, Director Assistant Editor­Kathryn E. Sulewski Bob Ellis. " Oregonian," Art Director­Carl A. Gnam, Jr. Portland. Oreg. The Attorney General has determined that the publication Writer/ Editor­Karen McCarron of this periodical is necessary in the transaction of the Production Manager­JeHery l. Summers public business required by law of the Department of Justice. Use of funds for prInting this periodical has been approved by the Director of the Office of Management and Budget through December 28, 1983.

ISSN 0014-5688 USPS 383-310 Spokane l s Robbery Education Program By John D. Moore successfully for employees of high-risk retail establishments. Crime Prevention Officer/Program The program is designed to Coordinator educate employees in their current Police Department work environment, breaking away from Spokane, Wash. the sterile settings of auditoriums and Armed robbery is one of the most classrooms. It was believed, upon frightening experiences an employee implementation of the program, that could possibly encounter while working environmental design characteristics for almost any type of business. The inherent in the structure of the building crime prevention unit of the Spokane can be of benefit to employees, if they Police Department has developed an are aware of them and know how to armed robbery education program for use them. Therefore, this program banks, which has also been adapted

November 1980 I 1 goes right to them, in their work organization also includes establishing location, where the actual robbery a schedule of mock robbery programs would take place. to be distributed to all local law The current program addresses enforcement agencies and personnel two goals. The first is to educate involved in the program, so they can employees and managers of banks organize their schedule accordingly. and/ or high-risk retail businesses to The alarm company must be notified of the dangers inherent in an actual the time and date and be contacted robbery situation. The second goal is again on the actual day before the Robert D. Panther to improve the abilities of affected robbery program commences. Chief of Police personnel in describing suspects and The law enforcement coordinator securing evidence and to familiarize and the "bad guys" should arrive at the them with the investigative needs of "robbery" site a half hour before the law enforcement officers. employees. After being admitted by the To initiate the program in a manager or security officer, the bad particular bank or retail business, the guys familiarize themselves with the law enforcement coordinator meets layout of the business and then find a with the manager, and in some cases, place to hide until it is time for the the security officer. This pre-program " holdup." Employees do not see the organization is necessary to establish bad guys until the actual exercise a convenient time for the program, takes place, since prior visual contact either before the business opens or between employees and the robbers after it closes so that no customers are will drastically affect the description present. This will ensure total control phase of the exercise. and safety during the program. The In any program where a mock manager is instructed by the robbery is used, a uniformed police coordinator to inform all employees of officer is required to be present before, the program, in which a "mock during, and after the exercise to assist robbery" will be staged. Pre-program in securing the building and to assure any passerby that the program is a planned security exercise. It should be noted that during 61 such programs presented in Spokane thus far, the law enforcement coordinator has had to use more than one officer, based upon the size of the building, location of doors, windows, etc. Security is extremely important during the exercise, and a program should not be attempted without an adequate number of uniformed police officers. A marked patrol vehicle, parked in the most prominent or visible place, is also important for security on the outside of the bank or business. The actual robbery education pro• gram begins with a 25-minute employ• ee briefing by the law enforcement coordinator. All employees are in• formed of the program's educational intent and that a mock robbery will be Officer Moore (the author) addresses the participants prior performed. Officials stress that nobody to the exercise. will be hurt and ask employees to act as they would in a real situation. To familiarize the employees with guns used in holdups, weapons are dis• played and the differences between

2 I FBI law Enforcement Bulletin should always be discussed before the robbery exercise commences. Mandatory safety precautions must be taken during the program it• self. Employees and any observers must be asked if there are any firearms or weapons in the building, and any weapons must be secured by the coor• dinator before the exercise begins. Employees are automatically exempt• ed from participating if they have any medical condition (heart condition, pregnancies, etc.). Any employee not wanting to participate is also exempt• ed, and all observers or exempt em• ployees are assigned to a neutral or nonaffected area of the business. They may watch the exercise, however, and not become part of the mock robbery. The coordinator should inform the rob• bers of the location of the neutral area prior to the start of the exercise. After the briefing and confirmation that the alarm company was notified, the employees return to their work areas. The exercise, basically, is known as a "total branch holdup," in which the bad guys take control of the whole business and involve everyone. If any employee is able to activate the Secun'ty is provided dun'ng the course of the them, i.e., automatics, revolvers, alarm, they are to do so, as if the program. Uniformed officers are necessary to assure customers the bank is not open, the exer· sawed-off shotguns, etc., explained. robbery were real. It becomes obvious cise is not a real robbery. and that this is just a Tips on how to respond to commands to many employees how simple tasks training session. in a holdup and how to observe, de• suddenly become difficult to perform scribe, and remember descriptions are under the circumstances. given. Also discussed are suggestions The exercise commences with the for using design characteristics of the appearance of the bad guys who, very building to enhance their abilities to convincingly, holdup the bank or busi• describe a holdup man. The design ness. The holdup is usually over in less characteristics discussed will attempt than 2 minutes, and the bad guys exit to aid in the description of robbery the bank area and return to the original suspects. The height of countertops, place of concealment. At no time do location of signs, and tape markers on the robbers leave the building and no doors are some of the things men• money is taken from the building. tioned by the coordinator. The holdup begins with the rob• Employees are also urged to re• bers entering the work area, armed member exactly what was said during with revolvers or sawed-off shotguns. the robbery. Words, phrases, etc., There is shooting and blanks are used should be written down, so that a law in the weapons. At no time are any enforcement investigator will know weapons fired at or near an employee. what was said during the incident. Ad• Mock robberies have been done with• ditional time may be allotted for in• out gunfire, although it tends to add an struction on how to adequately prepare authentic touch to the robbery. It defi• their building for a holdup. Also includ• nitely adds to the intensity of the exer• ed is a discussion on protecting evi• cise. dence for the investigator. This is a During the holdup, the coordina• major part of the critique process and tor's responsibility is to evaluate the

November 1980 I 3 performance of the employees and ob• serve their reactions. There are occa• sions when the coordinator has had to reassure an employee who may have been startled by the frenzied activity. The coordinator's evaluation continues after the holdup as the employees se• cure the building and protect any evi• dence which may be present. All employees are given time to fill out The law enforcement coordinator displays description forms provided by the bank different types of firearms before the exercise begins. management. There have been some cases, when dealing with retail busi• nesses, that description forms are not available. On those occasions the co• ordinator should provide sample forms for the employees to use. Employees are given a shorter period of time to fill out the forms than would normally be given because of the limited amount of time available. After this is done, they are reassembled in the area where the coordinator addressed them before the holdup. The coordinator can also ask the employees to estimate the total time of the holdup and should have each group of people in the bank or business mark their forms differently. For example, the victim teller should mark her form with a large V, other tellers with an X, others at desks with a Y, and so on. This makes it easier to show how different groups and areas will pick up different characteristics of the holdup men. The employees are then reintro• duced to the robbers, so they can see how they did on their descriptions. The holdup men come into the assembly area and give a brief physical descrip• tion of themselves. The weapons used during the holdup exercise are now shown to the employees, and the coor• dinator reviews all description forms, comparing them to the actual robbers. This part of the program demonstrates what people can, and in actuality, do recall during a period of stress. Many characteristics are usually noted by the employee, and they re-emphasize the ~ fact that human beings, when exposed A cable TV employee "robbing" a bank to the same situation, will see and employee. remember things differently. After the description session with the holdup men, the mock robbery is critiqued. The coordinator brings out weaknesses and strong points during

4 I FBI Law Enforcement Bulletin who had been trained in the armed robbery education program shows a noticeable difference between trained and nontrained personnel. A female After the exercise, the "robbers " come back out employee of a large retail store was to show the firearms used in the "robbery" the victim of an actual robbery 2 weeks and assist in the critique of the exercise itself. after undergoing the mock robbery pro• gram. She was the second victim of the same robbery suspect in the course of an hour, and the differences between the first victim of this robber (who was not trained) and the second victim were very obvious. The non• trained employee panicked and was unable to cope emotionally with the robbery. In fact, the first victim could provide little information to the re• sponding patrol division officers. The second victim not only was able to secure areas involved in the incident but also to provide a very complete and detailed description of the armed robbery suspect. In fact, she had the complete description written down pri• or to the arrival of the responding offi• cers. Based upon the detailed description of the second victim, the suspect was arrested by detectives. The ability to know how you are going to perform in an actual armed the fake robbery, and the holdup men many changes which continue to point robbery is very difficult, if not totally also give advice to the employees re• toward a very successful program. impossible. Each person is affected garding their observations during the Second, a local cable television com• differently, and by placing bank or busi• exercise. Generally, time is given for pany has provided their expertise and ness employees through as real an questions and answers before the pro• one of their employees to assist in incident as pOSSible, we hope to im• gram ends. All uniformed police offi• robbery education, as well as in the prove their abilities in a robbery, as well cers are then advised they can leave actual mock robberies. These two fac• as to let them learn how they might the area and return to regular duty. It tors have made the Spokane Police react in a real situation. must be emphasized how important it Department robbery education pro• The reactions from people during is to have uniformed police officers gram a continuing success. the robbery exercise have been similar providing security during the actual ex• If an employee or business is in• to those seen on the faces of real ercise, especially when firearms are volved in an actual armed robbery after victims. We have seen emotions rang• being displayed by the coordinator or completing the education program, ing from nervous laughter to tears. his bad guys. they are interviewed to determine if the Most have commented on their cri• The overall program, as it is pres• training helped them prepare for the tiques that they now have a much bet• ently put together, is an example of a real thing. Patrol division officers, as ter idea of how they might react and community effort which shows up in well as detective division officers in• would now know how to control any two major areas. First, all businesses volved in the incident, are also consult• extreme reaction. and banks are sent a questionnaire 1 ed as to their reactions on how the The evaluation of the robbery edu• week after the exercise so they can training helped the employee or busi• cation programs will continue indefi• critique the mock robbery. If they feel ness. All this material is kept for docu• nitely in Spokane; however, we are any changes are needed, they are mentation of the education program. very confident that the results will con• asked to comment on them, as well as The latest robbery incident in Spo• tinue to show increased employee safety precautions, etc. The question• kane involving a business employee safety and more definite data for law naire is returned to the law enforce• enforcement investigations. I'BI ment coordinator so any necessary changes can be made. These ques• tionnaires have been responsible for

November 1980 / 5 J11ID.w@~~~~iw@ ~@©~~w.@~

By MERLIN S. KUHLMAN Special Agent U.S. Army Criminal Investigation Command Fort Riley, Kans.

Recognizing the Value of Nonverbal Communications The use and understanding of nonverbal communications in police in• terrogation is a two-way process. The interrogator must be alert for the non• verbals expressed by the interviewee and must attempt to interpret them correctly. Simultaneously, the interro• gator must be able to use his own Nonverbal Communications nonverbals correctly when directed to• ward the interviewee. Nonverbal communication can be in Interrogations more truthful, meaningful, and expres• sive than spoken communication. Fa• IINonverbal communication can be cial expressions may convey an attitude of sincerity, shock, surprise, more truthful, meaningful, and humor, sorrow, or concern. The tone of voice, inflections in delivery, emphasis on words, and use of other guttural II expressive than spoken communication. sounds can mean the difference be• tween a meaningful and interesting communication or one laden with monotony. The body space or distance be• tween communicators can have a bearing on the effectiveness of a com• munication. Body movement and ges• tures, whether seemingly automatic and involuntary or intentional, are key determinants in the actual meaning of any spoken communication. Maintain• ing eye contact with an individual may indicate the degree of sincerity on the part of the speaker. Other equally im• portant nonverbals include proper use of time, control of profanity and slang, appropriate physical appearance, and the studied use of personal attire. Proper use, understanding, and em• ployment of all these nonverbals in

6 / FBI Law Enforcement Bulletin conjunction with the spoken word are in the body, the hands begin to "play" keys to effective communication. with each other, clenched fists, flush• ing in the face and neck, and a cold Special Agent Kuhlman Manifestations of the Lie clammy sweat in the palm of the The solicitation of a confession hands.3 When seeking a confession (convincing a person to tell the truth from a suspect, the interrogator must and give up a lie) in a police interroga• be continually alert for any nonverbals tion creates the most dynamic display exhibited by the interviewee, paying of nonverbal communication imagin• particular attention to the face. Any able; it is left to the interrogator to interviewer knows that a feeling of employ and interpret this " language" warmth is conveyed by looking directly correctly. " Nonverbal language is not a at a person, smiling, or leaning toward precise language; we have to be care• him. The more one looks directly into ful we don't misinterpret nonverbal sig• the face of the person being spoken to, nals in our eagerness to understand the more apt one is to convey a gener• what a person means . ..." 1 Man's ally positive feeling toward that per• nature is to live within the world of son.4 The " language" of nonverbals is reality, recognizing real things and real " spoken" most prominently by the situations and speaking from a position face, but detection of these nonverbals of facts and reality. He experiences often requires an alert and trained eye. few problems or anxieties in speaking ". . . facial expressions can change factually and honestly. He does not instantly, sometimes even at a rate have to worry when stating his real imperceptable to the human eye. name, date of birth, or accounting for ... [the face) is the most effective way recent activities. But to lie­ to willingly to provide feedback to an ongoing mes• and knowingly relate other than the sage. " 5 Authors Arthur Aubry and truth-immediately causes a myriad of Rudolph Caputo even maintain that biological and physiological processes " 'facial tics' (grossly exaggerated mus• to take place within the mind and body. cle spasms of various parts of the To the trained observer, these lies usu• face) are positive indications of lying. ally manifest themselves involuntarily These tics take the form of strange in the form of nonverbal reactions or grimaces of all the facial muscles in counterreactions. Physical signs of de• general; sometimes these tics may ex• ception include perspiration flow, flush• tend to and involve the arms, legs, and ing or paleness of skin, pulse rate even the whole body will occasionally increase or decrease apparent from participate in characteristic muscle in• appearance of visible veins in the coordination." 6 Facial expressions and head, neck and throat, dry mouth and movements are not necessarily the tongue, excessive swallowing, respira• only " positive indications" of lying. Lt. Col. D. N. Poiner tory changes, muscle spasms, licking " Many subjects who are on the verge of the lips, thickened and blurred of confessing will start picking their speech, stuttering, and darting eye fingernails, or scratching themselves, movements. 2 Other symptoms that or dusting their clothing with hand may be revealed, particularly when a movements, or they will begin fumbling person fears that his lie has been de• with a tie clasp or other small object. tected, include some degree of rigidity As politely as the interrogator can , he should seek to terminate such con• duct. He may do so by gently lifting the

November 1980 I 7 subject's hand or by removing the ob• and fell prey to the smoothness, methods of " hot and cold," one inter• ject from his hand, always avoiding any warmth, and friendship exhibited by the rogator against the other, bluffing, or rudeness as he seeks to end such interrogators, whom he genuinely be• any emotional approach, such as the tension-relieving activities." 7 The inter• lieved were trying to help him. Studies cold shoulder technique or an attitude rogator should then launch into the of the tape recordings of the interviews of indifference. Appropriate methods final solicitation of the confession, al• revealed instances of the suspect's might include use of a hypothetical lowing the " telling of the truth" to be voice " breaking," changes in breathing story, exhibition of sympathy and un• the suspect's channel for release of patterns, and a marked appearance of derstanding by the interrogator if used tension. relaxation after making the first self• with caution (to preclude leading to a Failure of the interrogator to inter• incriminating statement. Working with• false confession), or pointedly direct or pret nonverbals correctly not only may out benefit of legal counselor any indirect approaches. II Added caution delay confession but could also lead to immediate family member or friend to in interpretation of nonverbals under false conclusions. All persons do not lend support, the man was involuntarily these circumstances is necessary be• exhibit the same nonverbals under sim• communicating very strong nonverbal cause the mentally disturbed person ilar circumstances. Perspiration flow language that the interrogators, in their frequently exhibits " signs" of possible and flushing of the face are two of the eagerness, wanted to interpret as indi• mental illness not unlike those indica• most easiry misunderstood involuntary cators of guilt. The suspect was subse• tors professed by Aubry and Caputo to physiological reactions. Just as some quently cleared of all charges. 8 indicate a suspect who is lying. The persons perspire little or not at all , mentally disturbed person might exhibit regardless of the stress or circum• The Mentally Disturbed any of the following indicators, none of stances, others may naturally perspire Additional emphasis should be which necessarily pertain to his either freely and easily under the most calm placed on proper, though cautious, de• telling a lie or being truthful: and stable conditions or environment. tection and interpretation of nonver• 1) General behavior-negative, Likewise, a flushing or blushing face on bals when interviewing or interrogating withdrawn, suspicious, angry, antiso• an easily embarrassed person does mentally disturbed persons. Different cial, domineering; not necessarily mean that the person interview techniques and approaches 2) Motor behavior-unusual is concealing the truth. Detection of may have to be applied by the interro• twitches, unnatural poses, normal to watery eyes in a suspect might mean gator when dealing with psychopathic fluctuating gait and limb movement; he is about to cry and confess his or psychotic persons. " In the commis• 3) Facial expressions-tension, crime, or it might mean he is a narcot• sion of a criminal act, the conscience suspicion, anger, silliness, fixed-eye fo• ics user in need of medical attention. If does not act as any sort of brake, and cus or stares; a suspect under interrogation eventual• it may be extremely difficult for the 4) Mood-changing, unstable; ly appears weak and submissive, it individual to distinguish between right 5) Speech-uncoordinated, no in• might mean he is about to confess the and wrong. For this reason, the classi• flection; and truth, or it could mean he is simply very cal approach to interrogation which 6) Poor thought organization and tired and needs a rest. A classic exam• plays upon repetition of the theme of content. 12 ple of failure on the part of police to good and bad, right and wrong , will If the interrogator does not read interpret properly nonverbals during an have very little or no effect upon the the nonverbals correctly during inter• interrogation occurred recently during psychoid." 9 Just as the prudent use of views of mentally disturbed or mentally a homicide investigation in the north• time can be an effective nonverbal ill persons, he might begin to feel that eastern part of the United States. A technique for any communicator, it is he is close to the hoped-for confession suspect was picked up and held in even more important during police in• when in all probability the suspect is police custody about 22 hours during terrogations, particularly when the in• merely relating what the interrogator which time he was allowed to "rest" terviewee is known or suspected of wants to hear. The police are then about 4 hours and ate only half a being mentally disturbed. If silence is satisfied because they have a confes• candy bar. During the interim interroga• not offered at the right time by the sion, and the suspect is satisfied be• tions, he made what was later deter• interrogator, the interviewee might feel cause he has made the police mined to be an "incriminating he is being pressured and not being (although his adversary) happy-all be• statement" that police used to further allowed the time or opportunity to cause of the unfortunate misunder• convince the man that he might have talk. 10 Such a simple misuse of nonver• standing of the nonverbal language. committed the crime. The police ulti• bals could easily prove fatal in attempt• During the interview of a military mately obtained from him a confession ing to obtain the desired confession, or serviceman suspected of attempted that was later determined to be false at least, compound the already exist• arson, military investigators not well• and wrongfully obtained. Repeatedly ent problems in the interrogation. In• trained in either interpretation of non• during the interrogations, the suspect terrogations of mentally disturbed or verbals in communication or in inter• indicated that he was tired, hungry, and mentally ill persons should not include viewing mentally disturbed persons concerned about his fate. He became fidgety, occasionally stared into space,

8 I FBI Law Enforcement Bulletin were needlessly confused by the re- wants to admit it, begins to pay sincere saving hours in attempting to hurdle sults of their interrogations. They ini- attention to his interrogator. If the inter- the barriers so often present in the tially believed that the suspect's spo- rogator complacently listens to the spoken word alone. At the same time, radic shifts in oral statements from real suspect's version of the incident, re- incorrect use or misinterpretation of to seemingly surrealistic situations, his mains basically expressionless, and nonverbals can be disastrous, leading glassy­eyed stares, his reference to casually nods his head as if in agree- to deadend interrogation or even false fictitious movie characters, and his ment with the "facts" related by the statements or confessions, particularly flowing hand gestures were little more suspect, the interrogator will probably in dealing with the psychopathic or than attempts to imitate a psychotic bolster the suspect's story and posi- psychotic person. FBI person or that they were possibly the tion, which could very well be false. result of hallucinations from recent This will delay, if not preclude, reaching Footnotes drug ingestions. One interrogation con- the truth, and ultimately, a confession. , Richard L. Weaver. III. Understanding Interpersonal Communications (Glenview. III.: Scol1. Foresman and Co., tinued for over 3 hours, with stern Conversely, if the interrogator exhibits 1978), p. 145. accusations made toward the inter- continual nonverbal indicators of disre- • Arthur S. Aubry, Jr .. and Rudolph R. Caputo. Criminallnteffogation (Springfield, III.: Charles C. Thomas, viewee. His subsequent "confession" gard and disbelief for the account re- 1972). p. 257. appeared to be so far­fetched that the lated by the interviewee by repeatedly , Ibid., p. 261. • Weaver, pp. 154­ 155. investigators placed little credibility in shaking his head in a negative manner, • Ibid., p. 15.5. • Aubry, p. 165. it. However, the suspect was ultimately rolling his eyes backward, using nega- , Fred E. Inbau and John E. Reid, Criminal declared to be suffering from "acute tive hand gestures, or looking away Inteffogations and Confessions (Baltimore: The Williams and Wilkins Co., 1967), p. 35. paranoid schizophrenia." The investi- from the suspect, he could be dis- • Donald S. Connery, Guilty Until Proven Innocent gators could have saved valuable time counting some key points being sur- (New York: G.P. Putnum & Sons, 1977), p. 48. • Aubry, p. 16. during the investigation had they been faced by the suspect and might miss " Robert J. Wicks, Applied Psychology For Law better prepared to "read" the nonver- the opportunity to detect the key point Enforcement and Coffection Officers (New York: McGraw· Hill Book Co., 1974), pp. 120­122. bals being expressed by the subject. to be challenged. Such action may also " Brian F. Smith, " Police Idenlification and InterrogaUon of the Mentally Disturbed" (MA dissertation, On the other hand, a police inter- "turn off" the interviewee from further The George Washington University Law School, 1973), pp. rogator should neither avoid nor ignore cooperation with any interrogator in the 20­25. " Ibid., pp. 14­15. the results of an interview with a per- future. The interviewee is as alert to " Great Britain, Metropolitan Police Oetecwe son known to be or suspected of being nonverbals as the interrogator. The as- Training School, Peel Center, Depositions, Commital Proceedings, and Dying Declarations, 0 .9 Precis No. 29 mentally disturbed. Although the use tute interrogator will carefully decide (London: Metropolitan Police Detecwe Training School, and interpretation of nonverbals can the right time to challenge the sus- Peel Cenler, Hendon, 1978), p. 2. sometimes be complex, the results of pect's story; he will know the precise the interview or interrogation could well moment to turn in his seat, lean toward be the key to successful investigation or away from the suspect, slam his and prosecution of the accused. This pencil down on the notepad, sternly concept is not unique to U.S. police advise the suspect that his story is methods and has long been a recog- false for whatever reasons, and make nized option in the courts of Great the final attempt for the confession. If Britain: done correctly, with precision and at "A person suffering from un- the proper time, the interrogator's use soundness of mind may yet give of nonverbals, coupled with the spoken evidence if the judge at the trial word, can make the solicitation of a . . . is satisfied that he is then of confession as irresistible to the sus- sufficient understanding to give pect as is a plate of fine food to a rational evidence; the mere fact hungry man. It is important that the that such a person is then suf- interrogator remember that his own fering from delusions does not nonverbals are just as important or meaningful as those of the interviewee. render him incompetent." 13 Correction: In the article "Police Use of Deadly Force" Transmission of Nonverbals Summary (August 1980). author James The language of nonverbal com- The proper use of nonverbal com- Q. Wilson suggests that Cecil munication is dynamic. Correct inter- munication by the interrogator himself Sledge. a New York City pretation of nonverbals can be an could be the determining factor in ob- police Officer. was black asset to the police interrogator con- taining a confession. In most cases, (p.17). In fact. Officer Sledge ducting interviews and interrogations, following establishment of an appropri- was white, as Professor ate interrogator/interviewee relation- Wilson has since learned. ship, the interviewee, whether he

November 1980 / 9 Problems of Today- I Solutions for Tomorrow:

10 I FBI Law Enforcement Bulletin A new city is being completed in the city totally and guarantee its oper• Shelby County, Tenn., to be populated ation in the future, no matter what Cities initially from a list of approximately 600 costs are involved. eligibles. It will contain all the services Reservations are now being con• within provided by any other city in any State sidered for the first group of occu• in the Union, including public works, pants, but there is a catch to qualifying trash pickup, and fire and police pro• for occupancy. Prime consideration will Cities tection. Essential services will be car• be given to persons whose address is, ried out by a permanent staff ranging at the time of the city's dedication, 150 By from an initial 450 to over 700 when Washington Ave., Memphis, Tenn.• the current Shelby County Jail. SHERIFF GENE BARKSDALE the population reaches the maximum 1,200 residents. Since the late 1960's, it has been And LT. W. LEE FORBES The design and construction cost apparent that the courts were moving Sheriff's Planning Unit in excess of $22 million and will be in a direction that would preclude the Shelby County, Tenn. completed next year. Planning for continued use of the current county staffing patterns, service delivery, op• jails. The use of two jails requiring dual erations, and training continues to fo• staffing and many transfers was an cus on the relocation of the first inefficient and costly way of handling residents during the summer of 1981. arrested persons. The majority of ar• Average projected costs for all person• rested persons were housed in the city nel, services, and programs exceed jail until bound to the State court sys• $10 million a year. tem. At the time of bindover, transfers Imagine the impact to the local involving outprocessing from the city economy in the initial hiring of a staff of jail, mittimus papers issued from the 450. Their duties will include the main• city courts, and intake processing at tenance of over 7 acres with over the county jail were required, placing a 1,220 single residences and 41 semi• tremendous load on all concerned. private recreation areas and the super• The jails were overcrowded and vision of various recreational pro• out-of-date, both in size and type, and grams, including basketball, volleyball, did not provide adequate housing, shuffleboard, and stickball. treatment programs, or recreational ac• Free services provided the partici• tivities for the inmates. Completed in pants, who pay no rent, taxes, or fees, 1926, the current county jail was de• include food from six centrally located signed for a maximum 290 inmates. kitchens, a bakery, the use of multiple Over the years, an additional facility of dining areas, handling up to 62,000 250 beds was built to accommodate meals a month, two libraries, two beau• the overflow of the downtown jail. The ty shops, three barbershops, and laun• city jail has a capacity of 335, but dry and drycleaning facilities. Other weekend counts generally exceed that free services include medical and den• figure, sometimes reaching 500. tal care, chaplains, and counselors. The time had come for concerned Reserved for the residents' sole use officials to come up with long term are recreation fields and courts. Also solutions. After a study by outside con• available are private visitation areas sultants, a planning grant from the Law and secure property storage. Top this Enforcement Assistance Administra• off with a system capable of handling tion was secured to provide a base for over 50,000 housing assignments per future decisionmaking. A local archi• year and complete the scenario by tectural firm was selected to oversee convincing the local taxpayers to fund

Shelby County Justice Center.

November 1980 I 11 this phase of the needs study, as well ever­changing and ever­broadening as to provide alternatives from which guidelines with a local suit relating to local government could select the jail conditions, and one realizes the most viable plan. tumultuous situation faced by the sher- One option discussed at length in iff's department and local governing this stage was total consolidation of all bodies attempting to define the final jails under the Sheriff of Shelby Coun- design for the detention facility. ty. However, the courts would not toler- Prior to accepting the design, sev- ate for long the conditions present in eral basic decisions had to be made the local jails. Advantages to the con- concerning size, layout, services, and solidation included economy, efficien- operations, and each had to be re- cy, program fulfillment, and the viewed and weighed in light of recent refocusing of community resources to court decisions. A large part of the time one inmate installation. After several spent was used for research in an years, the only viable plan appeared to attempt to anticipate where the courts be the construction of a new jail in the were going in the future. downtown area, adjacent to the exist- Judicial review of jail conditions ing county, State, and Federal courts. spanned periods ranging from the pris- Scheduled to open in early 1981, oner having no rights to today's stand- the pretrial detention facility has now ards in new jails, with all the attendant become part of a $45 million complex. services and programs. An early judi- The 13­floor administration building will cial review in this area revealed that house all lower courts for both the City prisoners had little or no constitutional of Memphis and Shelby County, as well rights. In Ruffin v. Commonwealth, 62 as the eight resident divisions of crimi- Va. (21 Gratt.) 790 (1871), the court nal court. The administration building stated: "He has, as a consequence of will also contain the clerks of the var- his crime, not only forfeited his liberty, ious courts, the public defender, the but all his personal rights except those attorney general, and the administra- which the law in its humanity accords tive divisions for both the Shelby Coun- him. He is for the time being the slave ty Sheriff's Department and the of the State." Memphis Police Department. By 1944, the courts decided that a The criminal justice system in prisoner retained all the rights of any Memphis/Shelby County will revolve other citizen, except those taken from around the pretrial detention facility. This will totally replace both the county jail and the jail located at the county penal farm. The new facility will also handle the city prisoners now held by the police department, thus relieving them of jail responsibilities effecting a totally consolidated jail operation. One major concern of those in- volved from the earliest stages through final approval was the rather loosely defined and ever­changing scope of the phrase "a constitutional jail." Through years of litigation and court suits, the conditions, services, and comforts provided to those incarcer- ated in jails throughout the United States were being defined and settled, but on a piecemeal basis, with little overall guidance for those faced with Typical cell. g X 6', grouped around a common the task of building, staffing, and oper- day room. With the addition of a mattress and ating these facilities. Couple these locker. this cell is ready for occupancy.

Sheriff Barksdale.

12 I FBI Law Enforcement Bulletin him by law. The idea of rights being kitchen and hesitation holding areas in Security for the jail includes retained was accepted by the U.S. Su- the booking section are the only ex- closed­circuit monitors on the perim- preme Court in a 1974 case and has ceptions. This type of housing will most eters, in the tunnel between the jail and colored the further application of suits easily meet any requirements for clas- the court building, and in all elevators involving the use of the Federal Civil sification, separation by charges, or carrying inmates. Floor security is Rights Act. types of protective custody or security based on total observation and control By 1974, the rights of convicted that the courts might decide in the of an inmate while he is moving in the inmates and pretrial detainees ap- future. vertical transport systems and exclud- peared to diverge again­the rights of As much as possible, functions ing personal contact with prisoners pretrial detainees were expanded to within the facility are divided by floor in from other floors. If an inmate leaves allow only limitations necessary to order to handle the differing status of his assigned floor, a search for contra- guarantee their appearance at the trial, inmates and to preserve a series of band will be made upon his return, taking into account the security needs continual flows in several areas of the before the inmate can contact others of the institution. Basically, an uncon- building. To preserve security and to on the floor. victed person is treated as a convict prevent the mixing of inmates with dif- Each floor is color­coded, and in- only in areas where security, health, fering classifications, it is extremely mates are issued clothing to match and discipline are concerned. This rul- important that these flows are main- their floor and classification. This calls ing initiated questions in the areas of tained. The floors' functions are: attention to all persons off their regu- training and staffing of a mixed institu- 1) Lower Level­intake processing, larly aSSigned floors. Floor security is tion serving the needs of both pretrial hesitation holding, booking and further strengthened by the housing and sentenced individuals. property control, IO/fingerprinting, pod concept which allows no more Further problems arose in the area medical screening, crisis than 24 inmates to congregate in an of existing construction standards counseling, pretrial release area, except during scheduled feeding available for use as guidelines in interviews, male short term housing or recreation periods. Each housing designing the physical plant. At the (168 cells), female short term pod, no matter what its location, allows time of finalization, the State of Ten- housing (42 cells), dressing areas, observation by jail personnel from all nessee and the Federal Bureau of Pris- property storage, laundry, visitation sides by means of walkways. The sep- ons had no minimum construction and interview rooms, and release aration of inmates by felony and mis- standards for jails. The policy stand- processing; demeanor charges, as well as by ards of the Bureau of Prisons and the 2) First Floor­female long term repeat or first offenders, is easily ac- recommended minimum standards for housing (103 cells), classrooms, complished by using the housing pod jails in Tennessee did not address the counseling, kitchen and food concept. Further classification allows size or type of facility envisioned by storage areas, trust dormitory, jail grouping by security risk factors and local agencies and recommended by administrative offices, visitation and determines all aSSignments or trans- the consultants. interview rooms, detective fers in housing areas. All door controls, The development of basic policy workrooms, pretrial release offices escalators, and elevators are operated and studies in the areas of long term and probation offices, by remote control from 20 secured housing, short term detention, and 3) Second Floor­admissions and control centers throughout the building. service delivery to inmates dictated a orientation, medical facilities, Each control center is connected to all design that would meet the needs of all counseling and classification others by a system of in­house inter- concerned, both now and in the future. offices, chaplains' offices, chapel, coms and telephones and serves as The design included three separate libraries, female housing (30 cells), the traffic management point for all housing areas and several different male housing (164 cells), kitchens, areas under its control. Multiple inter- flow patterns depending upon the con- and dining areas (male and female) ; com points allow swift response to re- ditions surrounding the inmates' arrest, 4) Third Floor­male long term housing quests for assistance by other staff his court status, or the need for long (346 cells), counseling offices, members. term housing. classrooms, kitchen, and dining Operational flows are separated to The pretrial detention facility con- area; go with necessary functions and gener- tains six floors, each consisting of 5) Fourth Floor­male long term ally concern the overall activity on one slightly over 1 .22 acres, with a total housing, counseling offices, floor. . area of approximately 7.35 acres in classrooms, kitchen, and dining The lower level of the building acts which prisoners will be housed. The area; as the central intake and release point basic design is that of single cells 6) Fifth Floor­outdoor recreation for all prisoner traffic, as well as serv- grouped into pods ranging from 5 to 24 areas (male & female), indoor ing as a replacement for the current inmates, surrounding a common day- gymnasium, and minigym. city jail. Traffic is routed through one room. Trust dormitories adjacent to the vehicular sallyport, and male and fe- male prisoners are separated prior to

November 1980 / 13 entering the jail. Intake processing and or criminal history, and a full medical admitted persons secure a release pri• booking is segregated according to screening contribute to the inmates fi• or to this time. Based on evaluations, sex with separate facilities provided nal assignment in a regular housing all others are assigned to a housing thr~ughout. If intake processing over• area. area appropriate to their security risk loads the booking process, individual Due to the nature of admissions profile. Female inmates are moved hesitation holding cells are provided to and orientation tasks, the ratio of staff down to the appropriate areas on the allow the continued acceptance of to inmates is higher here than in any first floor, while males proceed to ei• prisoners without delaying the arresting other area. The typical housing area is ther the third or fourth floors. officers' return to duties. a 16-person pod, clustered around an Each long term housing area is After a preliminary search and a activities area or dayroom. Counseling divided into minimum, medium, and complete inventory of personal proper• offices serving two pods and an audio• maximum security levels. The floors ty and money, the prisoner is allowed visual classroom provide the staff with consist of a series of 23-man pods two phone calls before the completion enough space to implement the com• surrounding an activities area or day• of the booking process. Stops at 101 prehensive admissions and orientation room. The different levels of custody fingerprint and medical screening pre• programs. entail a reduction in floor space and cede the cell assignment on this level Security for A & 0 remains maxi• pod size and an increase in staff obser• for short term housing. These short mum, since the staff is unfamiliar with vation and activities totally segregated term housing areas contain 168 male the inmates. Each is considered poten• from other prisoners. and 42 female cells with no dayrooms tially dangerous until full classification Programs in the long term housing and house the inmate for a period of is completed. areas are setup so that the staff moves 24 to 72 hours, depending on the date Inmates are introduced to the into the inmate areas, cutting down on of arrest and first scheduled court ap• rules and regulations as soon as possi• inmate traffic in the vertical transport pearance. Statistical studies indicate ble after their move to A & O. A rules systems and reducing the time needed that by using the various methods of and policy booklet is given to each to search prisoners who are returning pretrial release, two-thirds of all arrest• inmate and a comprehensive orienta• to the floors. Counselors and program ed persons are released during the first tion to the methods and means of personnel have offices and classrooms 24 hours of detention, with most stay• getting around the jail is presented. By on all levels of the building, further ing for 6 hours or less. using the proper pass and coding sys• aiding in building security. Until the prisoners either arrange tems, a prisoner may move around the The fifth floor provides the space release or make a first court appear• building without the need of personal for recreational activities which are an ance, they remain in their street escort. integral part of any rehabilitation pro• clothes and continue to be housed on Once an inmate has completed all gram. A structured series of activities, this level. After a first appearance in sessions in A & 0, he is moved into both in and out of doors, does much to court or upon commitment to jail, they regular long term housing areas. Gen• combat boredom and release pent-up are included in a regular "dress out" erally about 80 to 85 percent of all energies that could be destructive if session. After being issued jail cloth• expended in other ways. The main out• ing, the inmates are moved through the door areas are divided so that both vertical transport systems to the sec• male and female prisoners can exer• ond floor, where they stay for a period cise at the same time. When the fe• not exceeding 13 days. male areas are not in use, male The second floor, Admissions and inmates may use the unoccupied Orientation (A & 0), houses both male areas. A covered gymnasium and a and female prisoners and is set up to minigym are used during inclement allow inmate partiCipation in various weather. Structured programs in bas• resident programs. Each person is in• ketball, volleyball, shuffleboard, ping terviewed by counselors and classifica• pong, and stickball afford all inmates tion personnel, medical practitioners, the opportunity to remain active. dentist, and if requested, chaplains. To supplement the planning of During their stay on this floor, each physical design and operations, the inmate is classified as to security risk, sheriff's department audited its paper and an estimation is made of their flow and information needs. This led to future needs for special counseling a further look at the information needs and treatment programs during their Typical control panel is operated by one officer. of other agencies who would be using stay. Testing, personal meetings, inter• Some control rooms contain up to seven officer stations of this type. the facility, especially the courts who views, staff observations, review of pri• would draw daily case dockets from the jail.

14 I FBI l aw Enforcement Bulletin A review of all areas involving pa• 90 percent of those persons now in• In order to provide the up-to-date perwork or transfer of information to volved in the local criminal justice sys• information necessary to schedule ac• other agencies revealed two areas of tem will, within 24 months, have their tivities, assign and reassign cells, and concern to the planning staff-the old records updated and converted to the respond to requests for an inmate's computer system appeared inadequate new, "on-line" system. presence in other areas, a subsystem to handle the projected caseload when The paper records used for book• was developed to maintain and moni• the jail began handling all arrested per• ing, ID/fingerprint, release, and general tor the inmates' location at all times. sons, and records needed to docu• operations in the jail will be forwarded The "inmate tracking system" is based ment the systems were scattered to records by a system of pneumatic on the assumption that one cannot through several divisions of the depart• tubes connecting the two buildings. arrive unless he was sent. Any excep• ment. They will remain in the jacket system tions to this sequence will cause a Studies were undertaken to deter• until the case is disposed of by the security printer to record the event in mine the projected information needs courts. Upon receipt of the disposition, the main control center. Corrective ac• of the combined facility. The jail and all paper concerning that arrest and tion by the shift commander can be Bureau of Identification records sys• booking cycle will be microfiched and taken immediately to locate the inmate tems in the sheriff's department were returned to the file jacket which is sub• and update the appropriate records. By to be combined into one jacket file filed by booking number. requiring that checkouts be made from system, using microfiched history stor• Based on the sheriff's depart• the control centers in the jail, the sys• age. During the move into the new ment's prior studies of the Records & tem can be used to provide a complete records and information area in the Information section, the computerized listing of all service areas, medical administration building, this new jacket record system being developed on calls, etc., involving a particular inmate. setup will be loaded into a mechanical Shelby County government's comput• Upon completion of an arrest cycle, filing system and gradually converted er will provide "real time" access to all these listings and the paper files can to a total microfiche file based on a information needed to operate the jail be checked against each other for "day-one" booking flow. It is anticipat• and courts systems. By using a con• completeness and accuracy prior to ed that this system, based totally on cept of total processing of all prisoners placing on microfiche. Running on a fingerprint identification of all prisoners booked into the jail, including finger• dualed system, with full redundancy in booked into the jail, will gradually prints, the basic information collected the terminal net and backed with emer• phase out the need for maintaining the will be used to generate a series of gency generators, the system should majority of the old Bureau of Identifica• reports and statistical data for all author• provide 95 percent plus up-time, allow• tion records now kept by various law ized and interested parties. ing the jail to operate without the need enforcement agencies. Using the "day• Booking data will be made availa• for much of the paperwork required to one" booking approach, approximately ble to the various courts for docketing support the old systems. By fully proc• purposes and will also serve as the essing all persons and properly using generator for several management systems concerned with the efficient operation of the jail. Other areas of responsibility for the sheriff will be sup• ported by data and statistics generated from the jail & records systems through various management reports and per• formance indexes based on arrests by division, bureau, or unit levels. The same type of information will be availa• ble for other agencies as requested. Billings for board charges will be pro• duced for the State and county govern• ments, as well as local and Federal authorities.

Covered gymnasium provides a recreation area OutSide male recreation area. for prisoners.

November 1980 / 15 the inmate tracking system, many of the lists and reports now completed and maintained manually can be elimi- nated, and daily system generated list- ings can be used in case of unsched- uled computer down­time. The staffing and training for the complex brought about another series of studies and discussions concerning the relative merits involved in using OBTAINING commissioned or noncommissioned personnel. The overriding argument that ultimately decided the question was that of the dissatisfaction generat- ed by placing commissioned personnel SALIVA trained as law enforcement officers in detention duties. A secondary consid- eration was the difference in personnel costs. It was decided that a new career program would be developed for non- SAMPLES commissioned personnel in the sher- iff's department. The deputy jailer program spans a series of 5 grades with 19 pay steps in FROM each. From entry on duty as a Deputy Jailer I through the Deputy Jailer V, there are both longevity and education- al requirements. Individuals who choose not to comP!3te for an in- BITEMARK creased level of responsibility can ad- vance through merit steps. This program should allow the sheriff's department to hire and main- tain a professional staff that will be EVIDENCE trained for the needs of a pretrial de- tention facility without suffering loss of morale by using commissioned officers Sy ROGER E. MITILEMAN, M.D. for these jobs. Office of Medical Examiner Today's problems in Shelby Coun- Miami, Fla. ty reflect those faced by many agen- cies throughout the United States. WILLARD CARL STUVER, M.S. Correctional institutions are involved in Public Safety Department lawsuits dealing with physical condi- Dade County, Fla. tions, space allocations, overcrowding, staff competency, staff/inmate ratios, inmate security, and program delivery. And RICHARD SOUVIRON, D.D.S., A.S.F.O. We have attempted to meet the re- Dade County Medical Examiner's Office quired standards and to anticipate fu- Miami, Fla. ture requirements. Single cells, classification groupings, specialized staff requirements, and complete serv- ice delivery combine to give the re- sponsible jurisdiction enough flexibility to continue to change with the man- dates of the courts and society as a whole. lBI 16 I FBI Law Enforcement Bulletin J EDITOR'S NOTE: This article should be of bites may be a half ring in which only interest to all police personnel,' however, Figure 1 only medical examiners or trained forensic incisor teeth of the arch are present, as ~a. I. , I • 1 1 I ( [

November 1960 / 17 2) Filter paper (3 mm Whatman). 3) Labeled container for blood speci- men. The container must be free of preservatives or other chemicals and must be large enough to con- tain at least 5 cc of blood. 4) Labeled container (squeeze bottle) for physiological saline solution. 5) One pair of clean forceps. 6) Two double Swube disposable appli- Figure 3 cators. Each double Swube dispos- Figure 4 able applicator consists of two cotton­tipped swabs in a clear plas- tic tube. Two labels should be in- cluded in the kit for attachment to the appropriate tube. 7) Cardboard box containing specially treated cotton cloth cut in a square, measuring approximately 3 cm 2. The cotton cloth is obtained from 100­percent cotton sheeting and is Components of salIVa kit from left to right: Plastic box With filter paper and tubes contaimng eolian threads, blood treated identically to the cotton tube, squeeze bollie With physiological salme solutions, threads previously described. tweezers, Swubes, andsaliva standard cardboard box with calion cloth. (The ilems notpictured here are labels for the 8) Instructions. swabs and instructions.) The saliva sample should be col- lected as follows: 1) Using clean forceps, grasp the clump of threads from the tube labeled control. Saturate the threads with saline, shaking off the excess solution. Obtain a control sample by swabbing an area ap- Bltemark made by a few teeth (tooth marks). proximately 1 by 1 inch, adjacent to the bite mark but not part of it. Avoid swabbing areas contaminat- ed by blood. Place the threads back into the control tube. The control area is sampled first so as not to contaminate the forceps with secretor material from the bite- mark. The threads from the second vial are used to obtain a sample within the bitemark "ring." The sample is collected and placed in the appropriately labeled container. Care should be taken when swab- bing so as not to contaminate the swabbing material with blood or in- flict any extraneous wounds with Bltemark saliva collectIOn kil. the forceps. The threads must not be touched by the examiner's hands since this could result in contamination by sweat. The speci- mens will be used to aid in the determination of assailant blood

18 / FBI Law Enforcement Bulletin type and secretor status in accord• The specimens should be trans• ance with the usual forensic prac• ported to the testing laboratories (usu• tices (i.e., the absorption-elution ally crime laboratories) as soon as test). possible after collection. If prolonged 2) Two cotton-tipped applicators from storage is anticipated, they should be one of the Swube applicators placed in a cool environment (4° C) . should be used to reswab the area Important information can be obtained within the bitemark ring previously from the saliva sample which may con• swabbed with threads. This is done nect a suspect to a crime. The findings to secure more material on a media can be of the utmost importance to Figure 5 adequate for blood typing and amy• those persons involved in prosecuting lase testing. Salivary amylase (al• or defending these types of criminal pha amylase, AMY-1, Ec. 3.2.1.1) is cases. commonly tested for by the starch• It is important to remember that iodine method,3 dyed starch sub• contamination of the bitemark will alter strate,4 or electrophoretic tech• or invalidate the blood grouping and nique. 5 Swabbing should be done by serologic studies. In addition, the bite saturating the swabs with saline, may be made through clothing which draining off the excess water by will prevent any saliva from being de• gently touching it against the filter posited onto the skin, thereby giving a paper, rubbing thoroughly the area false negative. within the bitemark "ring," and plac• The method described here is sim• ing the swabs into the plastic con• ple, convenient, and inexpensive. A tainer. Remember that control complete bite mark workup could also swabbings must also be made of be the key that connects a particular the adjacent area, using another crime to a particular suspect. fBI Swube container. The samples ob• tained are also used to determine Footnotes the assailant's blood type and se• , State of Florida v. Theodore Robert Bundy. Leon County. Fla .• Circuit Court. Case No. 78 CF-670. cretor status by use of the absorp• ' State of Florida v. Roy Allen Stewart, Case No. 70-6621. Circuit Court of the 11 th Judicial Circuit in and for tion-inhibition tests. Dade County. Fla. Specially treated collon threads. 3) In order to be able to interpret the ' W. Roberts. " On the Estimation of the Amglolytic and Proteolytic Activity of Pancreatic Extracts." Proc. R. results of the blood grouping tests, Soc.• London 32: (1881). pp. 145- 161 ; L. C. Nukolls. whole blood and saliva standards The Scientific Investigation of Crimes (London: Butterworth & Co.• Ltd .• 1956). p. 200; and D. F. Nelson and need to be collected from the vic• P. L. Kirk. " The Identification of Saliva." Joumalof Forensic Medicina10 (1963): pp. 14- 21. tim. The cotton cloth from the box ' G. M. Willott. " An Improved Test for the Detection of provided in the kit should be used to Salivary Amylase in Stains." Joumal of Foransic Sciences Society. 14 (1974): pp. 341-344. collect the saliva standard from the • J. C. Ward. A. D. Merritt and D. Bixler. " Human victim's mouth. The sample is ob• Salivary Amylase: Genetics of Electrophoretic Variants." American Joumal of Human GenetiCS. 23 (1971): p. 403; tained from the buccal mucosa, di• A. D. Merritt. M. L. Rivas. D. Bixley and R. Newell. rectly opposite the molar teeth on " Salivary and Pancreatic Amylase: Electrophoretics Characterizations and Genetic Studies." American Joumal one side. If the cl oth cannot be of Human Genetics. 25 (1973): p. 510. directly placed in the appropriate area, cotton swabs (Swube) may be used and pressed and rubbed against the cloth in order to transfer the control sample. The cloth is then stored in the cardboard box. Clean rubber gloves must be worn by the examiner for the collection of the saliva control. Five cm 3of whole blood should be collected from the victim by an appropriate technique and placed in a sterile container that is free of preservatives and other chemicals.

November 1980 / 19 Countersnipers are the eyes of the com- mand post. The three­man teams include a team leader. a primary countersnjper, and a secondary countersniper who doubles as a photographer .

• • The Challenge of the 80' s

By W. RONALD OLIN Assistant Chief of Po/ice Po/ice Department Lawrence, Kans.

20 / FBI law Enforcement Bulletin The Central Intelligence Agency The State of the Art recently predicted that " terrorists will Tactical response groups were or• try to adapt their tactics to neutralize ganized to cope with an increasing the countermeasures adopted by gov• problem of hostage and barricaded• ernment and private security services. suspect incidents. As usual, the police They probably will change target selec• response to this phenomenon devel• tion, improve planning and trade craft, oped after the widespread use of these and, possibly, increase their technolog• tactics by criminals. The resulting so• ical sophistication." I This prediction phistication of the police response was has ominous implications for law en• enhanced when it was proven that " in forcement agencies in the United those instances where the police used States. There appears to be a resur• specially trained and equipped person• gence of terrorist-type attacks, wheth• nel, they were able to successfully iso• er politically or criminally motivated, late and contain the suspects and which require sophisticated law en• thereby prevented the loss of life of forcement response. Unfortunately, innocent bystanders." 2 Perhaps the American police agencies seem to be most famous tactical team is the Los locked into a "mind set" when dealing Angeles Police Department Special with tactical pOlice operations. Most Weapons and Tactics (SWAT) team. tactical police response is defined by Los Angeles pioneered the develop• parameters developed in the early ment and training of SWAT. The result• 1970's. Unless we carefully evaluate ing model of tactical response was recent innovations in handling crises, copied by many law enforcement law enforcement may not be prepared agencies throughout the country. to deal effectively with the challenge of Some law enforcement agencies tried the decade ahead. to obscure ties with the concept of How prepared are most law en• SWAT because of adverse publicity R. Richard Stanwix forcement agencies to handle a com• caused by a popular television show of Chief of Police plex tactical police response? Many that name. In those cases, teams were agencies are only marginally prepared created and the titles changed to "Tac• or not prepared at all. While some tical Operations Unit" 3 or " Emergency agencies have tactical units, special• Services Unit." 4 However, the basic ized training has focused on the coun• tactics remained the same. tersniper option. Response is American tactical police response complicated by some field command• has been locked into the mold as de• ers who rely on the spontaneous use fined in the early 1970's by the LAPD of any officer arriving upon the scene. concept of SWAT. LAPD specifies: These arbitrarily dispensed assign• " A SWAT team is composed of ments suggest that many administra• five permanent team members tors are quite assured that their (team leader, marksman, ob• enlightened leadership is more impor• server, scout and rear guard). tant than any preplan ned response. SWAT teams operate separate• A great deal of literature is availa• ly or combined with other SWAT ble to police officers and administra• teams as squads or platoons, to tors on the various components of perform special tactical mis• response. Many articles are available slons. ...." 5 which describe the equipment or train• Each SWAT team member was cross• ing of Special Weapons and Tactics trained in the duties of every man. Assistant Chief Olin (SWAT) personnel. Others describe Some police agencies changed the the needs of hostage negotiation and number of men assigned to a team or weaponry. This article will review some the name of the team. But, the evi• of the historical developments relevant dence indicates that law enforce• to police tactics and provide a con• ment's view of tactical response has crete framework for planning and ex• been clouded by the automatic accept• ecuting a sophisticated emergency ance of the SWAT team model with response. little significant change. Some law en• forcement agencies have integrated

November 1980 I 21 hostage negotiation techniques into the response concept. However, there has been a lack of a concrete model to incorporate a total systems approach for dealing with police tactical emer• gencies. Members of the assault group practice basic hand­to­hand combat. Fifty percent of al/ assault The development of SWAT and training is physical fitness and defensive tactics; the aura of elitism inbred into the the remainder of the training is devoted to teams resulted in many articles in po• classroom and scenario work. lice professional journals, newspapers, and magazines, each accompanied by a photo of the particular team complet• ing some exciting maneuver while brandishing the exotic weapons of their trade. The natural reaction of the pub• lic was to view SWAT as a "killer team." This citizen perception created pressure on police administrators to demonstrate that tactical police re• sponse can be deployed with a mini• mum of force. Hence, hostage negotiation rapidly evolved into an ac• ceptable practice. Some law enforce• ment agencies merged their negotiators and tactical teams, while others insisted on separation of the two for optimum results. Additional innovations accompa• nied these developments, including the use of scenarios to test the emergency response capability of an agency. Some scenarios pointed out difficulties in proper deployment. In a complex Figure 1 scenario run in Norman, Okla., the Command Post merger of tactical response and nego• tiation demonstrated an "obvious (need) to study further training pro• grams." 6 The scenario also demon• NegotiatiOnS TactICal Umt strated that "the police sometimes stressed tactical considerations at the expense of sacrifiCing intelligence op• Target portunities." 7 Perhaps the problem truly lies in the multiplicity of responsibilities required to resolve professionally a tactical emergency. While many prob• lems were exemplified in scenarios Figure 2 and actual cases, no documentation can be found suggesting that the basic organization of the response was chal• lenged. The traditional tactical re• sponse could be described as a simple Countersnlpers four-point concept. (See fig. 1.) Howev• er, it is necessary to depart from this myopic view and examine a new framework for police tactical response. Many lessons can be learned by examining past historical incidents.

22 I FBI Law Enforcement Bulletin Perhaps one of the most sobering is A Model Police Response Group Two-Assault (7 or more the Munich massacre on September 5, The resulting police response men) The assault group is responsible 1972, in Munich, West Germany at the model is taken from the Bavarian State for inner perimeter control, entry, and 20th Olympiad. Black September ter• Police and incorporates a total ap• armed assault. This group requires a rorists killed two and seized nine Israeli proach for dealing with tactical emer• minimum of seven men, one for each athletes in the Olympic village and held gencies. The model corrects the side of the target and three or more for them for an anticipated trade with im• deficiencies outlined above. The any actual assault. The separation of prisoned terrorists in Israel. After strength of the model lies in the sys• this team from the countersnipers lengthy negotiations were unsuccess• tematic identification of the elements enables the assault group to practice ful, the terrorists were transported to necessary to resolve an incident of this and perfect entry methods into various FOrstenfeldbruck airfield outside of Mu• nature. The strict division of labor and structures, short range selective fire nich, where a gun battle resulted in the specialization is a further refinement of techniques, hand-to-hand combat, death of the remaining athletes, one existing response models using four protective assignments, and other police officer, and five of the eight groups-countersniper group, assault specialized tasks. terrorists. The Munich incident was group, negotiation group, and intelli• Group Three- Negotiations (2 or complicated by many police problems, gence group. (See fig. 2.) This model more men) The negotiations group including inadequate intelligence gath• may not vary significantly from the way requires a· minimum of one two-man ering, no police assault capability, a some agencies actually handle tactical team to conduct negotiations in the total reliance on countersnipers for emergencies. However, it does careful• case of a barricaded suspect. The resolution of the problem, high ranking ly delineate the necessary criteria for negotiators should be selected and police administrators rather than mid• an organized response. trained in psychological communica• level personnel as negotiators, a lan• Group One-Countersniper (3 or tion techniques. Whenever pOSSible, guage barrier, and a command post more men) This group requires a mini• the negotiator should speak a foreign too close to the incident to remain mum of one three-man team com• language or have translators available emotionally detached. The resulting prised of one leader-communications on an immediate basis. Two men are lesson, which has led to changes by man and two marksmen. The advan• necessary in most instances to support both the Bavarian State Police and the tage of separating the countersnipers each other physically and psychologi• Federal Republic of Germany, is that to from the traditional SWAT composition cally during the incident. be successful a police tactical oper• is two-fold. First, most SWAT deploy• Group Four-Intelligence (3 or ation must have intelligence, counter• ment is made on a team-by-team more men) The intelligence group sniper, assault, and negotiation basis. In some instances, entire teams requires a minimum of one three-man capabilities. are used to set up countersniper posi• team specifically designated prior to These conclusions have been tions when only three of the men are any tactical emergency. This team is substantiated in other incidents and required to complete the task. If team responsible for developing background scenarios throughout the world. The deployment is not used, then the team information on the offenders involved. evidence suggests that proper tactical must be split to accomplish total cover• The group leader would be responsible response is too complex to cross train age. Secondly, the department's best for team coordination and evaluation of all personnel in all elements of any rifle shots are not necessarily those the information acquired from all operation. This is especially true when who are young or in the best physical sources. The group leader would then the personnel train only part-time. condition. While it is desirable to have provide the command post with the Such a conclusion challenges one of combat-ready snipers, the only require• information. In some cases, technolog• the basic assumptions of SWAT. It is ments for a countersniper are the tal• ical expertise is recommended to allow also obvious that to improve the tacti• ent to provide precise, controlled for electronic surveillance when legally cal response of any law enforcement gunfire on command and the psycho• permissible. agency, it is necessary to define pre• logical ability to pull the trigger. A sepa• There are several advantages to cisely the division of labor, the specific ration of the countersnipers from the the four-group concept of tactical re• job tasks, and the training goals and assault team accomplishes these sponse. Many tactical situations are objectives of each man. A simple alter• needs. Refresher training is also sim• successfully resolved or catastroph• ation of the traditional concept of plified for countersnipers, since daily or ically bungled by local agencies before SWAT can solve the problems speci• weekly practice can be completed with a more specialized alternate agency fied above. This model has been in use a minimum expenditure of time and arrives. The four-group concept out• by our German police colleagues for money. lined above uses a department's per• some time. However, few American ad• sonnel in the most advantageous way. ministrators have so precisely inter• The model clearly defines the tasks of preted the lessons of history to mold each member and should result in less an improved police response. confusion and more control by the

November 1980 I 23 command post. The concept allows separate training and the development of more expertise by each group. Training scenarios can be easily devel• oped to merge the response groups for The intelligence group is charged with providing practiced deployment on a regular timely. efficient intelligence gathering on basis. barricaded suspects or hostage situations. This The disadvantage to the four• group develops detailed personal information for use by the other groups and the command post. group response is that it requires a minimum of 15 men. Because of budget and manpower limitations, this model may not be possible except in a medium or large police department. The model also requires a strong oper• ational commander to control the diverse functions which are simulta• neously occurring. However, these dis• advantages are far outweighed by the advantages to this specific response concept.

Conclusion Tactical response is far more com• plicated than frequently depicted in training models. There are, in fact, many undiscussed areas of concern to any tactical operation. It is necessary to include the news media and the public's reaction when considering tac• tical response. The citizens have a right to know about these incidents. Agencies must be constantly striving to uphold professionally the trust given to law enforcement by the public and interpreted by the news media. Citi• zens expect proper handling of emer• gencies. The law enforcement profession cannot afford to be per• ceived as brutal, vicious, or disorgan• ized. The resulting impact of an improperly handled tactical situation can be so overwhelming that the after• incident publicity may be more devas• tating than the actual tactical deploy• ment. An ill-conceived tactical plan that fails may result in lawsuits, the forced resignations of key police personnel, or even unnecessary loss of life to those involved in the situation. In some social environments, it is possible that the perceived abuses of police authority One negotiator works on a scenario. while backup could undermine the citizens' trust in personnel record the incident and offer the government, and the result could suggestions to handle the crisis more appropriately. precipitate rioting or further attacks on law enforcement. The aftershock of terrorist incidents may be international in Scope. When trying to understand

24 / FBI Law Enforcement Bulletin the actual forces involved in tactical crisis management, it's necessary to view the overall impact of a crisis on society. Figure 3 shows many of the complicated factors that must be con• sidered during a crisis of this magni• tude. There are several historical prece• dents, including the rescues by the Israeli commandoes at Entebbe, the Figure 3 Border Police Group Nine at Mogadi• shum, and recently by the Special Air Services in London, which prove that a media reports planned, practiced tactical response can be successful. It is increasingly .. necessary that law enforcement agen• cies be so well prepared in our status reports response that we can rapidly seize the contact I initiative from a criminal even when he "0 ; '" C observation co has used the element of surprise. The E .. Q) , "0 West German model demonstrates that police tactical response can be status reports viewed in ways other than the rather Intelligence Unit simplistic model of the 1970's. Law enforcement administrators must con• Command Post status reports stantly strive to find ways to improve by (multijurisdictlonal) contact! observation studying successes, failures, and the Negotiations Unit lessons of others. Above all, we must not be locked into one view of re• demands sponse or fear constructive change. It status reports is especially important that we carefully

0> define the problem of tactical crisis C 5'" . ~ . ~ .r::: management and vigorously pursue in• ;;; u 0> c novation in that area. Such a posture is Q) U ~ the only way to meet the challenge of C Q) ­g '" the 80's. I'BI ~ co T.ctlclll PerIm.ter ID E ~ Q) Snper & Assault Teams "0 Footnotes .- ­.. ' - . . 'Central Intelligence Agency, International Tenorism . . . in 1979: A Research Paper. (1980). p. 7. ' William L. Tafoya, " Special Weapons and Tactics," The Police Chief, July 1975, p. 71 . ' Connie H. Pitts, " A Tactical Operations Unit," FBI Law Enforcement Bulletin, January 1975, pp. 10-13 . • Massad F. Ayoob, " Special Weapons and Tactics: The New York City Approach," Law and Order, October 1975, pp. 56-60. ' los Angeles Police Department, " Special Weapons and Tactics Team Concept," 1974, p. 1. ' Stephen Sloan and Richard Kearney, " An Analysis .' .:~. . of a Simulated Terrorist Incident," The Police Chief, June 1977, p. 59. ••• 'Ibid, p. 58.

observation

News Media observation I contact

November 1980 I 25 PROBABLE CAUSE TO SEARCH: USE OF INFERENCES

By ROBERT L. McGUINESS Special Agent Legal Counsel Division Federal Bureau of Investigation Washington, D. C.

Law enforcement officers of other than Consider this situation. You are in Federal jun'sdiction who are interested in the process of solving a crime. You any legal issues discussed in this article should consult their legal adviser. Some have identified a suspect through fin- police procedures ruled permissible under gerprints or an eyewitness identifica- Federal constitutional law are of tion which will be persuasive evidence Questionable legality under State law or are at trial. You wish to seek out additional not permitted at all. evidence of the crime, or simply recov- er the fruits thereof, and believe the suspect may still be in possession of it. However, no one has observed the suspect with this evidence at any par- ticular place. Does this lack of direct evidence foreclose your ability to ob- tain a search warrant, or on the other hand, may probable cause to search be inferred based upon the existence of certain facts and circumstances? If so, what factors have the courts con- sidered important in drawing such an inference? Two cases, in which con- Special Agent McGuiness trary results were reached, illustrate

26 I FBI Law Enforcement Bulletin the problem well. They are United uncovered and named the defendant infer probable cause to search as op• States v. Haa/a 1 and United States v. as having committed the murder. A posed to probable cause for arrest. For Charest, 2 both Federal cases, from the warrant was sought to search defend• instance, where a suspect's finger• 10th and 1st circuits, respectively. ant's home for the weapon. Again, as prints are found at the crime scene, In United States v. Haa/a, the vic• in Haa/a , no one had seen the weapon probable cause for his arrest will usual• tim of the crime received a package at at the premises to be searched. The ly be present and will continue to exist. her home in Oklahoma sent through court found the search warrant invalid However, evidence which was in the the mail from Missouri. It exploded and suppressed the evidence seized in suspect's possession at the time of the upon opening. An examination of the the search on the basis that probable crime-whether fruits, instrumental• inner wrappings of the package dis• cause for the search was lacking. The ities, contraband, or mere evidence• closed latent fingerprints which court pointed out: "Common sense will not necessarily continue to exist, or matched those of the defendant, tells us that it is unlikely that a murder• to exist at any particular place. The whom the victim had suspected of be• er would hide in his own home, a gun fruits of the crime may quickly be ing responsible for the act. The victim's used to shoot someone." 4 turned into other property, such as suspicions were based, among other Why did the courts treat these where stolen goods are sold for cash. things, on an affair the defendant was cases differently? What factors have The instrumentalities of the crime may having with her husband. It was also the courts looked to as important or be destroyed. Even if such articles are learned that the defendant was a sci• controlling in resolving these cases? not changed in form or destroyed, con• ence teacher who would have the This article identifies such factors, and ceivably there are a multitude of places knowledge necessary to construct a in so doing: provides some guidance to where they may be concealed. This is bomb of the type employed. Although law enforcement officers in drafting af• where a third principle comes into play, the postal inspector investigating the fidavits for search warrants in cases namely, that the standard of proof for a case had no evidence based upon di• where there is no direct evidence link• search warrant is probable cause, not rect observation that evidence of the ing the item sought with the place to be certainty, and therefore, search war• crime was located at any particular searched. rants will issue where the likelihood place, warrants were nevertheless ap• Before offering such guidance, it is exists that the items to be searched for plied for to search the defendant's necessary to recount some basic legal are in existence at a particular place. 8 automobile, her apartment in Minneso• principles that will guide the discus• Lastly, the principles announced ta, and her dormitory room at a univer• sion. by the Supreme Court as applicable to sity in Iowa, based upon the above First is the firm doctrine that prob• the review of affidavits by appellate facts. The search disclosed several able cause to arrest an individual does courts are an important consideration. items of incriminating evidence in all not ipso facto equal probable cause to These principles may be summarized three places, which were introduced at search any place connected with that as follows: the trial resulting in defendant's convic• individual; 5 different conclusions must 1) Affidavits for search warrants tion. On appellate review of the ques• be drawn for each determination. For are to be tested and interpreted by tion of probable cause for the arrest, the conclusion must be drawn reviewing courts "in a commonsense searches, the court, without much dis• that a crime has been committed and and realistic fashion"; 9 cussion, found the evidence for prob• that the suspect has committed it; for 2) Deference is to be paid a mag• able cause "cogent, indisputable, search, it must be concluded that the istrate's determination of probable trustworthy and overall substantial." 3 evidence sought is presently located in cause, and reviewing courts are to sus• Although the court in Haa/a had no the place to be searched. 6 tain that determination in doubtful or trouble in finding probable cause, the The second principle is that prob• marginal cases; 10 case of United States v. Charest ex• able cause can, in fact, be inferred 3) Only facts disclosed to the presses the opposite treatment ac• from other facts and circumstances magistrate at the time of application for corded to the problem by the courts. In and need not be based on direct obser• the warrant may be considered in the Charest, the victim was murdered by vation. 7 However, the problem is a little assessment of probable cause for the means of a .38-caliber handgun. An more troublesome when attempting to warrant. Facts not made known to the eyewitness to the murder was later

November 1980 / 27 ". . . probable cause to arrest an individual does not ipso facto equal probable cause to search any place connected with that individual ...."

magistrate cannot serve to support a wherein this court and others, This is not to imply that courts warrant. 11 albeit usually without discus• have taken a firm stance in not infer• Having established the prinCiples sion, have upheld searches al• ring probable cause to search for in• applicable to the inquiry, the next step though the nexus between the strumentalities of a single crime, for in is to examine the factors considered items to be seized and the place United States v. Bowers, 19 also involv• important by courts in inferring prob• to be searched rested not on ing a single shooting, the court upheld able cause to search. It is interesting to direct observation, as in the nor• a finding of probable cause to search note that there are no Supreme Court mal search-and-seizure case, for a handgun and other specified evi• decisions directly on point and that but on the type of crime, the dence tied to the shooting at the de• most of the cases in this area are of nature of the missing items, the fendant's residence. 20 fairly recent vintage, having arisen pri• extent of the suspect's opportu• In dealing with the subject of marily since the time of Chimel v. nity for concealment, and nor• "staleness" of probable cause, 2 1 California, 12 which limited the area of mal inferences as to where a courts have sometimes drawn a dis• search incident to arrest and indirectly criminal would be likely to hide tinction between items which are in• lent greater emphasis to the warrant stolen property." 15 criminating in themselves and those requirement. Although Lucarz was a case in that are not. Such distinction also Perhaps the most frequently cited which stolen property was sought, the seems pertinent here. Thus, in United case on this subject is that of United test has been extrapolated to other States v. Steeves, 22 involving a war• States v. Lucarz 13 because of the fac• situations in which contraband or mere rant authorized search at defendant's tors it indicated as having controlled evidence is sought. 16 It is useful to home for bank robbery loot, a bank the outcome of previous cases. In look at the manner in which the courts bag, a handgun discharged during the Lucarz, a postal employee was sus• have applied the factors cited in robbery, clothing, and a ski mask worn pected of stealing registry envelopes Lucarz. 17 The first two factors may be during the robbery, the court containing the previous day's proceeds treated together. concluded: from the sale of stamps. Evidence indi• "We think that it may be con• cated that the employee left the build• Type of Crime; Nature of Item ceded to the defendant that ing for a time during the day of the Sought [three months after the bank theft. Other evidence was developed In the Charest case, where the robbery] . . . there was little pointing to his involvement in the theft. crime was a single murder and the item reason to believe that any of the However, no one had seen the enve• sought was a single handgun, the court bank's money or the money bag lopes in the employee's house or had concluded that it was not likely that the would still be in the home. But, even seen him enter the house with defendant would have maintained the the same concession cannot be the envelopes. Nevertheless, a search traceable murder weapon in his resi• made with respect to the revolv• warrant was sought and obtained for dence. However, in United States v. er, the ski mask, and the cloth• the employee's home. Execution of the Kalama, 18 where the criminal activity ing. The ski mask and the warrant resulted in the recovery of was a continuing one (defendants clothes were not incriminating in $29,000 in currency. The court upheld were alleged to have committed 11 themselves, and . . . the pistol the magistrate's determination of prob• armed robberies), the court observed was not unlawful in itself or par• able cause on the basis that the items that it was a commonsense inference ticularly incriminating. Moreover, sought under the warrant were "the that the spree was likely to continue, people who own pistols general• sort of materials that one would expect that the weapons used in committing ly keep them at home or on their to be hidden at appellant's place of the robberies would be retained, and persons." 23 residence, both because of their value that they were likely to be found in the When the evidence sought is busi• and bulk." 14 In so holding, the court motel room for which a key was found ness records prepared in the ordinary stated as follows: upon defendants' arrest. course of business, the Supreme Court " The situation here does not dif• in Andresen v. Maryland 24 indicated in fer markedly from other cases a footnote dealing with "staleness"

28 / FBI law Enforcement Bulletin that "[i]t is eminently reasonable to was a fair inference to believe that the three places with which he had a con• expect that such records would be items to be seized were at the particu• nection, namely, his home, automobile, maintained in those offices [where lar place to be searched, usually the and tavern, the court reasoned that his prepared]... . " 25 suspect's home, without a great deal home, which had been the subject of When the item sought is money, more evidence than strong probable search under a warrant, appeared to courts have usually considered the cause to believe the suspect commit• be the most likely place in which to home to be the likely place for its ted the crime. 30 Other courts, such as search for evidence relating to the con• retention, 26 as illustrated by the case of Charest, cited above, have not been so struction of the bomb. The court based United States v. Archer, 27 where bribe ready to make the inference. Nor was its decision on the fact that the affidavit money was paid to an assistant district the court in United States v. Flanigan, 31 for the search warrant stated that attorney in the Queens, N.Y., District where it was concluded that the fact bomb squad officers had indicated that Attorney's Office. A search warrant that a person had committed a bur• the type of bomb employed would gen• was obtained to search for the money glary, plus possession by him of some erally have been assembled in a work• at the district attorney's home. On re• of the goods when arrested, did not in shop as opposed to a vehicle. view of the warrant on appeal, the itself constitute probable cause to Secondly, the court found that the oth• court found that the magistrate had a search his residence for the remainder er possible location-the defendant's substantial basis for concluding that of the goods Uewelry). The court stated tavern-was not as likely a place for defendant "would keep the money in that "[i]t would be inappropriate for us, the construction of a bomb because, his home rather than chance almost in this case, to attempt to spell out being a public tavern, it was subject to certain discovery, or at the least, cause what might tip the scales. What we do regulatory inspections which may have suspicion, should he try to deposit this decide is that what was here presented uncovered its making. The court thus cash in a bank." 28 The validity of the ... is not enough." 32 concluded that the evidence was warrant was upheld. From a comparison of cases like sought in the location in which it was Charest and Flanigan with cases such most likely to be found and thus upheld Opportunity for Concealment as Haala and Lucarz, it is clear that a the warrant. This is a logical factor that has not "normal inference" to one court Similarly, in United States v. Bel• merited much attention by the courts. It means something different to another. cufine,34 another bombing case, it was is clear that if a suspect were arrested Nevertheless, an examination of the demonstrated that the place to be in his vehicle shortly after the commis• cases in which the magistrate's deter• searched was the most likely place for sion of a theft, probable cause to mination of probable cause has been the evidence sought. The defendant search his vehicle for evidence relating upheld reveals that perhaps other was implicated through fingerprints to the theft may exist. 29 However, more subtle factors have been present and other evidence in the bombing of a since there was not yet an opportunity in some of the cases which may have competitor's business. Soldering was for him to conceal the evidence in "tipped the scales," to use the words employed in constructing the bomb. other locations, no probable cause of Flanigan, in favor of the reviewing The victim stated that the defendant would exist to search other locations. court's finding of probable cause. had electrical wiring experience and was apt to have a workshop at his Normal Inferences as to Where a Most Likely Place place of business where soldering Criminal Would Be Likely To Hide The fact that the place to be could be done. Postal inspectors in• the Property Sought searched appears to be the most likely cluded these facts in their affidavit This last part of the Lucarz test in which to find the evidence sought seeking to search the defendant's has been the most important element has been a factor that has seemed to business for evidence of the bombing. simply because it is the ultimate con• influence the courts. In United States v. The court held, without discussion, that clusion to be reached and depends Melvin,33 defendant was implicated in "these facts viewed in a common• upon the other indicated factors, such the bombing of his own tavern. Of the sense manner were sufficient to estab• as the nature of the crime and the type lish probable cause ...." 35 of evidence sought. As such, many • cases have simply concluded that it

November 1980 / 29 "Accumulation of evidence tying the suspect to the place to be searched and the goods to that location is important."

The fact that authority is sought to codefendant Cochran in a house. these statements weight. In United search more than one place for the Search warrant applications were States v. Spearman,47 the affidavit al• evidence, however, has not been treat• made for both the car and the house. leged that an informant had purchased ed by the courts as fatal,36 as demon• The court refused to uphold the war• narcotics at defendant's apartment strated by the above-cited Haala case. rants, stating that with respect to the and that the affiant had seen defend• 4 Haala is not unique, however. In Porter car, there was no indication that de• ant in a particular automobile on nu• v. United States, 37 a search was upheld fendant Bailey owned it, had been merous occasions; no specific even though warrants were issued to seen in it prior to the robbery, or that it information was alleged, however, that search two vehicles belonging to the had been used in the robbery. With narcotics were ever seen in the car. defendant. In Commonwealth v. Da• respect to the search of the house, the Warrants were sought to search not vis,38 warrants issued to search four court found the probable cause to be only the apartment but the car as well, places (two residences and two vehi• no better: with the officer including the following cles of defendant) were upheld. In both "The affidavit simply discloses statement with the above facts: "It is Porter and Davis the evidence sought that Bailey had been seen at the commonplace for dealers of heroin to was a gun used and clothing worn house and that Cochran was have heroin that is packaged for sale in during a robbery. arrested there. No facts are re• the place where they live or sell from, Where the facts indicate that one cited from which it could be in• in their vehicles or on their persons." 48 place appears to be significantly more ferred that Bailey and Cochran The court sustained the warrant, con• likely to contain the evidence than an• were other than casual social cluding that the magistrate was justi• other, some courts have indicated that guests at the residence. At the fied in inferring that the automobile the former must be searched first be• trial, there was evidence that would also contain heroin. fore applying for a warrant to search Bailey and Cochran had leased It appears that an even better the latter. 39 State v. Joseph 40 is illustra• the house, but that fact was not showing is made where the officer can tive. There, a warrant was sought to before the issuing magistrate." 43 cite some further facts upon which his search defendant's car for counterfeit Connection of Place To Be experience statement is based. In money that he was seen selling from Searched to Illegal Activity United States v. Trott, 49 for example, it was alleged that the type of evidence such car a few hours earlier. A warrant In narcotics cases, where there is to be searched for (records and led• was also sought to search the home of no information tying the drugs to the gers of drug transactions at defend• defendant's parents where the car was suspect's premises, warrants to search ant's home) was seized from a parked. The court struck down the war• the premises for the contraband have codefendant's home previously in con• rant for the parent's home, indicating been struck down as lacking probable nection with an arrest. that the vehicle was the more likely cause. 44 However, where the officer has place. "There is a lack of any factual seen the suspect leave his home and Miscellaneous Factors data that would give rise to a probabil• then has seen an apparent narcotics ity of a transfer of the bogus cash from transaction take place,45 or where the Other circumstances which are the vehicle to the home." 41 suspect indicated that if narcotics were common to most cases upholding needed to call him at home,46 the searches of this type are: Connection of Place To Be courts have found probable cause to 1) Generally, there is ample prob• Searched to Defendant search his residence. able cause to believe the person Unlike the Porter decision, men• whose premises are to be searched tioned above, where it was alleged that Experience and Expertise of Officer committed the crime; 50 the two vehicles to be searched be• Where affiants have alleged in a 2) The searches are done pursu• longed to the defendant, no such alle• search warrant application that it was ant to warrants, thereby having a judi• gation was made in United States v. their experience that the type of items cial sanction for the search; and Bailey. 421n Bailey, defendants were ar• sought would be found at a particular 3) The premises are those of the rested for a bank robbery which had location, the courts have accorded suspect and not those of a third party. 51 occurred 6 weeks earlier. Defendant Bailey was arrested in an automobile;

30 I FBI Law Enforcement Bulletin This is not to suggest that the Footnotes '·See, e.g., United States v. Mulligan, 466 F. 2d 732, 736 (9th Cir. 1973), cert. denied, 417 U.S. 930 (1974) '532 F. 2d 1324 (10th Cir. 1976). above conditions are critical because, (bank burglary loot). ' 602 F. 2d 1015 (1st Cir. 1979). 21 355 F. Supp. 961 (S.D. N.Y. 1972), rev'd on other for instance, probable cause to search ' Supra note " at 1326 . grounds, 466 F. 2d 670 (2d Cir. 1973). • Supra note 2, at 1017. can exist independently of probable " Id. at 990. 'Zurcher v. Stanford Daily, 436 U.S. 547, 556 n. 6 " Chambers v. Maroney, 399 U.S. 42, 47­46 and n. 6 cause to arrest. 52 Nevertheless, these (1976). (1970). ' Id. factors are common to almost all of the 30 See, e.g., United States v. Pheaster, 544 F. 2d 353, ' Johnson v. United States, 333 U.S. 10, 13­14 373 (9th CIr.), cert. denied, 429 U.S. 1099 (1977); United decided cases addressing this issue, (1946) ; United States v. Lucarz, 430 F. 2d 1051, 1055 (91h States v. Archer, 355 F. Supp. 961,991 (S.D.N.Y. 1972), C,r. 1970). rev'd on othergrounds, 466 F. 2d 670 (2d Cir. 1973). ' Spinelliv. United States, 393 U.S. 410, 419 (1969); " 423 F. 2d 745 (5th C,r. 1970). Conclusion Porter v. Umted States, 335 F. 2d 602, 604­05 (9th Cir. " Id. at 747. 1964), cert. denied, 379 U.S. 963 (1965). An officer contemplating a search " 596 F. 2d 492 (1 st Cir.), cert. denied. 100 S. Ct. 73 ' Umled States v. Ventresca, 360 U.S. 102, 106 (1979). where personal observation of the arti- (1965). " Id. at 1 09. Many appellate decisions on this subjecl " 506 F. 2d 56 (1st Cir. 1974). Another interesting cles sought is lacking should be mind- have indicaled thaI the cases before them were " close," bombing case from the first circuit is that of United States v. Picariello, 566 F. 2d 222 (1 st. Cir. 1976). but sustained the warrants on the basis of these two ful of the factors which have influenced " 506 F. 2d at 62. principles emanating from the Ventresca decision. See. .. It appears that there is no case which directly holds the courts in sustaining searches of e.g., United States v. MeMn, 596 F. 2d 492, 496 (1st Clr.), that probable cause means more than 50 percent prob- this type, If the officer has adduced cert. denied, 100 S. Ct. 73 (1979); United Stares v. Brown, 564 F. 2d 252, 257­56 (6th Cir. 1976), cert. denied, 440 able. See 1 LA FAVE sec. 3.2 n. 150. In this connection, facts to indicate that the place to be U.S. 910 (1979). with respect to inferring probable cause to search, Profes- " Whiteteyv. Warden, 401 U.S. 560, 565 n. 6 (1971); sor laFave states as follows: searched is the most likely place for Aguilarv. Texas, 376 U.S. 106, 109 n. 1 (1964). The " To the extent such rulings permit searches to be made upon something less than a 50% probability outcome of at least one appellate court case appears to the evidence to be, these facts should as to anyone particular place [of the suspect], they have been affected by the failure of the officers to explicitly be clearly noted in his affidavit. An set forth the known facts in their affidavit. See United do not appear objectionable. The fact remains that it is unlikely that the privacy of an innocent person States v. BaHey, 456 F. 2d 406 (9th Cir. 1972). officer's experience as to where he will be disturbed under such circumstances." 1 LA " 395 U.S. 752 (1969). FAVE sec. 3.2, at 467. has found such evidence in the past " 430 F. 2d 1051 (9th Cir. 1970). " On the other hand, something more might be "Id. at 1055. may be taken into consideration by a u ld. required where one of the possible hiding places is that of a possibly innocent party." Id. at n. 154. " United States v. Brown, 564 F. 2d 252 (6th Cir. magistrate and should be detailed, Ac- " 335 F. 2d 602 (9th Cir. 1964), cert. denied, 379 U.S. 1976), cert. denied, 440 U.S. 910 (1979) (contraband); 963 (1965). cumulation of evidence tying the sus- United States v. Scott, 555 F. 2d 522 (5th Cir.), cert. " 466 Pa. 102, 351 A. 2d 642 (1976). denied, 434 U.S. 965 (1977) (mere evidence). pect to the place to be searched and " However, where the more likely place is that of a " However even courts which apply the Lucarz test third party, Professor La Fave suggests that it would the goods to that location is important. do not generall~ subject the facts before it to a penetrating nevertheless be more reasonable to search the defend- analysis under this test. Nevertheless, it is clear that these Careful drafting of the affidavit cannot ant's premises first than that of the third party for the factors do have a bearing on the probable cause determi- evidence sought. See 1 LA FAVE sec. 3.2 at 469­91 and be overemphasized; more artful prepa- nation. See, e.g., United Stares v. Pheaster, 544 F. 2d 353, n.I66. 373 (9th Cir.), cert. denied, 429 U.S. 1099 (1977). ration may have led to a different result "114 R.1. 596, 337 A. 2d 523 (1975). If 549 F. 2d 594 (9th Cir. 1976), cert. denied, 429 U.S. than that reached in United States v. 1110 (1977). .. 337 A. 2d at 527. " 534 F. 2d 166 (9th Cir.) (per curiam), cert. denied, " 456 F. 2d 406 (9th Cir. 1972). Bailey. 53 Authority for searches based 429 U.S. 942 (1976). " Id. at 412. on inferences is abundant. It remains " The Charest court distinguished Bowers on the "See, e.g. , UnitedStatesv. Gramlich, 551 F. 2d 1359 basis that in Bowers the search was for not only a single (5th Cir.), cert. denied, 434 U.S. 666 (1977); Common• for the law enforcement officer to use handgun but for other items as well. Supra note.2, 1017. It wealth v. Kline, 234 Pa. Super. 12, 335 A. 2d 361 (1975). his investigative and drafting skills in is questioned, however, whether thiS IS a m~anl~gful diS• .. Unired States v. Valenzuela, 596 F. 2d 624 (9th tinction, since the Bowers court could have Invalidated the Cir.), cert. denied, 441 U.S. 965 (1979). supplying the magistrate with a persua- search for the handgun for want of probable cause, while ··Commonwealth v. Frye, 242 Pa. Super. 144,363 A. upholding the search for the other items. Such a conclu- 2d 1201 (1976). , sive set of facts upon which probable sion would be based on the principle that where an "532 F. 2d 132 (9th Cir. 1976). cause may be found and upheld upon affidavit states probable cause for the search for some "Id. at 133. items but not others, the seizure of those for which "421 F. Supp. 550 (D. Del. 1976) (mem.). See, review. lBI prob~ble cause exists is lawful. The other evidence is .. e.g., United States v. Haala, supra note 1. subject to suppression for lack of probable cause. See 2 " For a case in which a third party search was upheld, W. LA FAVE, Search and Seizure sec. 4.7 (f) (1976) see United States v. McNally, 473 F. 2d 934 (3d Cir. 1973). (hereinafter cited as LA FAVE). " 1 LA FAVE sec 3.1. $3 Supra note .. " Staleness," the concept that probable cause for 42 . search may diSSipate with the passage of time, is an additional, highly relevant factor in assessing probable cause to search. For a discussion of the doctnne of " staleness" see 1 LA FAVE sec. 3.7 (a). 22 525 F. 2d 33 (6th Cir. 1975). "Id. at 36. "427 U.S. 463 (1976). " Id. at 476 n. 9.

November 1980 / 31 RBY THE iii •E­I ~ Photographs taken 1915. Photograph taken 1918.

• Larry Porter Chism Description Caution Larry Porter Chism. also known as Age ...... 31. born December Chism should be considered Gary Joseph Buomi. Gary Joseph 19. 1948. Forrest armed. dangerous. and an escape risk. Buoni. Larry Chism. and Larry P. City. Ark. Chism. Height ...... 5'1 0· · Notify the FBI Weight ...... 145 to 155 pounds. Any person having information Wanted For: Build ...... Medium. which might assist in locating this Interstate Flight­Kidnaping. Theft of Hair ...... Brown. fugitive is requested to notify Property Eyes ...... Brown. immediately the Director of the Federal Complexion ...... Light. Bureau of Investigation. U.S. The Crime Race ...... white. Department of Justice. Washington. Nationality ...... American. Chism. who is being sought as a D.C. 20535. or the Special Agent in Occupation ...... Cashier. clerk­typist. prison escapee. was serving a lengthy Charge of the nearest FBI field office. farmer. law student. sentence for armed robbery and the telephone number of which logger. and sales- kidnaping at the time of escape. He is appears on the first page of most local man. reported to be a heroin addict and is directories. Scars alleged to have escaped custody by and Marks ...... Birthmark on left overpowering a deputy sheriff and Classification Data: thigh. scars on both subsequently kidnaping two NCIC Classification: arms. individuals. 18TI08P01321 TI092011 Remarks ...... Reportedly wears A Federal warrant for his arrest Fingerprint Classification: thick lens glasses. was issued on December 22. 1978. at 18 M 9 T 10 13 Little Rock. Ark. Social Security Nos. Used ...... 431­82­5804. L 1 T 10 Criminal Record 431­82­5894. FBI No...... 367 973 N5. Chism has been convicted of kidnaping. armed robbery. narcotics violations. and contributing to the delinquency of a minor.

Right ring fingerprint.

32 I FBI Law Enforcement Bulletin Change of ~ORCEMENT Address rBI Not an order form BULLETIN

Complete this form and return to: Name

Director TI tle Federal Bureau of

Investigation Address Washington, D.C. 20535

City State Zip

During the first 6 months of 1980, The incidents resulted in 12 Increase bombings increased 4 percent in vol• deaths, 70 injuries, and over $3.3 mil• ume as compared to the same period lion damage in property. Two-thirds of in Bombings of 1979. Explosive bombings were up 6 the fatalities, 8 of the 12, were the percent, while the occurrence of incen• subjects themselves. Three of those diary incidents remained relatively sta• killed were the intended victims and ble. one was an innocent bystander. The Of the 616 bombings that oc• 70 people injured as a result of the curred in the United States and Puerto bombings was a decrease from the 85 Rico, 420 were explosive and 196 were injured in the first half of 1979. More incendiary in nature. In some in• than half of those injured were inno• stances, more than one device was cent bystanders, while bombing perpe• used; 451 devices were used in the trators themselves constituted 31 420 explosive bombings and 250 de• percent of the victims. vices were used in the 196 incendiary Regionally, within the United attacks. States, the Western States had 222 bombings; the North Central States, 172; the Southern States, 155 ; and the Northeastern States, 65. Puerto Rico reported 2 bombing incidents. u.s. Department of Justice Official Business Postage and Fees Paid Federal Bureau of Investigation Penalty for Private Use $300 Federal Bureau of Investigation Address Correction Requested JUS­432

Controlled Circulation Rate U.S.MAlL ®

Washington, D.C. 20535

Interesting Pattern This pattern presents no problem as to the classification. It contains the basic minimum requirements for a loop, sufficient recurve, a delta, and a ridge count across a looping ridge. It is classified as a loop with one ridge count.