LAW SEPTEMBER 1980 ENFORCEMENT rBIBULLETIN Director's essage Undercover work­why does the conducted in the public market place, the M FBI use it? What do we undercover operation is especially well­suited to hope to achieve by it? detecting and investigating this form of white­collar Undercover work allows the FBI to use its crime. resources to better attack certain crime problems We have been developing in the last year and under our jurisdiction and to complement the a half a very important institutional knowledge, efforts of State and local law enforcement to the based on the experience of a number of best advantage of the Nation as a whole­to reach undercover operations now underway and those beyond the streets to the very heart of criminal that have been completed. This area raises some enterprises. unique management problems, but like good We want to get at those who operate through lawyers, we don't turn down operations because fraud, violence, and intimidation. We want to there's a problem. We try to find an appropriate identify those who are willing to violate their trust solution so that the project, if worthy, can function to corruptly support the operators of criminal effectively and within the rule of law. enterprises. My colleagues in the police profession know Last year our spending for undercover work that undercover work is not a panacea for law amounted to about one­half of 1 percent of our enforcement; it is an important tool. It will not total budget, and this year I have requested a substitute for hard, exacting, traditional modest increase­from $3.6 million to $4.5 million. investigative work, but it does offer us the best This compares most favorably with actual potential to reach beyond the streets. recoveries of more than $190 million last year Despite the dramatic success of undercover from these operations and does not try to estimate work, there remain nagging questions of the "what the potential economic losses averted by shutting if" variety. Do we give up too much to get these down a variety of criminal enterprises. results? Is this technique overly or indiscriminately Undercover operations last year were used in intrusive? Can we control it? These are fair each of our major programs­foreign questions. counterintelligence, organized crime, white­collar We in the FBI recognize that our mission must crime, and property crimes. While it has been be accomplished within the same legal structure necessary to curtail some operations for a variety that the FBI is designed to protect. of reasons­protection of informants or our Special The care we take in the legal training of our Agents Agents, fiscal constraints, and premature and in keeping all Agents abreast of the changes of publicity­the hallmark of these well­planned the law affecting these investigations undercover operations is " staying power." The demonstrates, I believe, the depth of our longest­a penetration of a Weather Underground commitment. Our goal is to achieve the proper terrorist cell­lasted over 4 years and ended only balance between the intrusive level of law to prevent a planned bombing of a California State enforcement necessary to do our job and the level Senator's office. of protection of individual rights demanded by the Some, but certainly not all, of our undercover Constitution and the American people. investigations lead us to corrupt public officials. Organized crime needs an early warning system; those who commit major frauds against the Government need assistance from office holders willing, for a price, to look the other way or else

supply some other form of competitive advantage. William H. Webster The power brokers­those who have the contacts Director with such public officials­form the catalyst for September 1, 1980 corruption and are themselves targets of our investigations. Because such activities are rarely IAW ENFORCEMENT rBlBULLETIN SEPTEMBER 1980, VOLUME 49, NUMBER 9 Contents

Records 2 The Uniform Crime Reporting Program: 50 Years of Progress By Paul A. Zolbe, Section Chief, Uniform Crime Reporting Section, Federal Bureau of Investigation, Washington, D.C.

Operations 8 Computers Monitor Vehicle Costs By Col. Jack B. Walsh, Superintendent, Ohio State Highway Patrol, Columbus, Ohio

Physical Fitness 10 Age VS. Fat: Effect on Physical Performance of Police Officers By PaulO: Davis, Ph.D. and Albert R. Starck, M.A., Institute of Human Performance, Fairfax, Va.

Investiptive Aids 16 Offender Profiles: A Multidisciplinary Approach

Training 21 EXICUTE: A System for Police Training By Lt. Ron Berman, U.S. Capitol Police, Washington, D.C.

The Legal Digest 24 Entering Premises To Arrest­An Analysis of the Warrant Requirement (Conclusion) By Daniel L. Schofield and Joseph R. Davis, Special Agents, Legal Counsel Division, Federal Bureau of Investigation, Washington, D.C.

32 Wanted by the FBI .

THE COVER: This Federal Bureau of Investigation Published by the Public Affairs Office, month. the FBI's Uni- United States Department of Justice Roger S. Young form Crime Reporting Inspector in Charge Program completes 50 Washington, D.C. 20535 years of service to the Editor­Thomas J. Deakin law enforcement com· William H. Webster, Director Assistant Editor-Kathryn E. Sulewski munity. See story p. 2. Art Director-Carl A. Gnam, Jr. The Attorney General has determined that the publication Writer/Editor-Karen McCarron of this periodical is necessary in the transaction of the Production Manager-Jeffery 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 0014­5688 USPS 383­310 The Uniform Crime Reporting

( / Program ( / 50 YEARS OF PROGRESS By PAUL A. ZOLBE In 1927, a Committee on Uniform Section Chief Crime Records was formed by the Uniform Crime Reporting Section IACP. With the cooperation of an im• Federal Bureau of Investigation pressive array of international criminal Washington, D. C. justice administrators, criminologists, academicians, and managers of con• cerned public and private institutions, A proud and enduring association the committee was given the responsi• between the FBI and the Uniform bility to develop a nationwide system of Crime Reporting (UCR) Program began uniform police statistics that would not on September 1, 1930. In the half cen• only serve law enforcement adminis• tury since then, the program has grown trators but would provide a measure of from a specialized guide of law en• criminal activity throughout the country. forcement activity to one of the most The committee's task was awe• widely quoted social indices of our some. It had to inspire order and disci• time. Where the Uniform Crime Re• pline in a haphazard assortment of ports were once a tool exclusively for record keeping practices used by thou• police chiefs and law enforcement ad• sands of law enforcement agencies ministrators, they are now a common and somehow develop uniform crime research resource of sociologists, leg• Special Agent Zolbe classifications among these distinct ju• islators, municipal planners, scholars, risdictional interests which, for the the press, concerned citizens, and most part, were responsible for crimi• criminal justice practitioners at all juris• nal codes bearing scant resemblance dictional levels. to one another in their definitions of The Beginning offenses. Fortunately, the committee met the challenge and in November The need for uniform pOlice statis• 1929, published its plan in the book tics had been expressed frequently entitled " Uniform Crime Reporting. " As among law enforcement leaders and a monument to the committee's thor• organizations for many years preced• oughness and foresight, the book still ing and following the turn of the cen• serves as the definitive framework of tury. While these oft-voiced concerns the UCR Program. generated little effective effort to cre• In January 1930, the IACP imple• ate workable programs, they were kept mented the plan of the Committee on alive within the leadership and confer• Uniform Crime Records, and among a ence structure of the International As• small group of cooperating law en• sociation of Chiefs of Police (IACP). forcement agencies, began the collec• tion of uniform categories of statistics based on crimes known to the police.

2 I FB I Law Enforcement Bulletin This data base­crimes known to the police­is the keystone of the UCR Program. It was carefully selected by rOI U tom the committee as the most accurate Clime point of reference in the crime discov• Reports ery process, as well as the base indi• cated by the accumulated experiences of operational police statistics pro• grams in Europe. At the outset, the IACP recognized that in order for this highly disciplined effort to succeed, it would have to foster a very unselfish level of profes• sional cooperation among the multi• tude of agencies the program hoped to serve and on which it depended for data. To carry out the day-to-day ad• ministration of the program, an organi• zation was needed that was knowledgeable in police affairs, had rOI the demonstrated ability to manage a UnifOfm Crime nationwide data collection effort, had ""porn the confidence of the law enforcement community, and had daily contacts at an operational level with law enforce• ment agencies throughout the country. As a result, the U.S. Congress, at the invitation of the IACP, enacted legisla• tion under Title 28, section 534, of the U.S. Code, authorizing the FBI to serve as the national clearinghouse for data collected under the program. The Committee on Uniform Crime Records of the IACP continues as a consulting body for the program, and any sub• stantive changes to the program are reviewed by this committee.

September 1980 / 3 Statistical assistants enter data into VCR system via intelligent-type minicomputer.

The FBI's main computer system is used to store VCR data for retrieval of summary tabula/jons.

Historical VCR sta/jstics are also stored on microfilm for ready retrieval in response to requests from data users.

Statistical assistants have access to over IS. 000 agency files as part of the verification process.

4 / FBI Law Enforcement Bulletin Although the Uniform Crime Re• Not all law enforcement agencies operational and a majority of these • ports have earned considerable recog• participate in the UCR Program, but the States have enacted legislation requir• nition for its estimated crime trends, populations within the jurisdictions of ing their law enforcement agencies to the program's purpose was, and con• those that do participate account for collect and report data under the pro• tinues to be, to produce a reliable set nearly all of the Nation's population. As gram's guidelines. Today, 23 of the of crime-related statistics on a national a result, the program provides an esti• State programs use computer process• I basis for use in law enforcement ad• mate of the total volume of Crime In• ing of data and these States submit ministration, operation, and manage• dex offenses for the country as if all their entire statewide collection of UCR rment. law enforcement agencies participated statistics by magnetic tape. In the re• in reporting them. maining 24 States, summary data for The Program The Uniform Crime Reports are the entire State is submitted periodical• The Uniform Crime Reports pro• published annually by the FBI in the lyon forms. In the three States where duce four distinct groups of compre• bulletin entitled "Crime in the United statewide collection efforts have yet to hensive statistical data. These are: 1) States," which contains detailed and be completed, data are submitted di• The volume of certain serious offenses rectly to the FBI by individual law en• known to the police, 2) the number of forcement agencies. known offenses which are cleared by ". . . crimes known to The State programs have not only arrest, 3) the age, sex, and race of the police ... [are] the expanded the coverage of the UCR persons arrested, and 4) police em• keystone of the UCR Program but have enhanced the accu• ployee information. racy of the data collection effort. It is Arrest data are collected for all Program." hoped that with the development of crimes except traffic violations, while statewide UCR Programs in all 50 reports of crime incidents are limited to varied textual, graphic, and tabular pre• States, all law enforcement agencies r eight Crime Index offenses. These are sentations of the data collected under will eventually participate in the pro• murder, forcible rape, aggravated as• the program. This annual publication is gram and provide complete, national sault, robbery, burglary, larceny-theft, supplemented by semiannual press re• coverage. motor vehicle theft, and arson. The first leases showing trends in the volume of seven Crime Index offenses were se• Crime Index offenses known to law Changes lected at the outset of the program enforcement. The booklet and the While the UCR Program has re• because of their general acceptance press releases are sent to program mained strikingly close to its original as serious crimes, their frequent occur• participants, as well as thousands of design, changes have taken place rence, and the fact that they were criminal justice agencies and adminis• through the years. In almost all cases reliably and promptly reported to the trators who have requested them. these changes have resulted from the police. Arson became a Crime Index dictates of practical program experi• offense in 1979 as a result of congres• The Present ence. In a few instances, changes in sional mandate. Much like the volume Although the original UCR Pro• crime classifications have disturbed of selected stocks on the Dow Jones gram plan urged the early establish• the historical sequence of the data and Index are used to gage price trends for ment of State UCR centers whose have prevented the comparison of cer• the thousands of securities on the New administrators could more easily re• tain crime counts along the entire York Stock Exchange, the volume of quire the reporting of UCR data from all length of the program's operations. eight Crime Index offenses are used to law enforcement agencies within the Among the more notable program measure trends in the hundreds of dif• State, this portion of the program fal• changes were the discontinuance, in ferent crimes normally coming to the tered until funding from the Law En• 1952, of fingerprint records received at attention of the police. forcement Assistance Administration the FBI as a source of arrest data and Although all Crime Index offenses provided acceptable incentives for its removal of statutory rape as a Crime are serious crimes, all serious crimes adoption. As a result, since 1969, 47 Index offense in that same year. In are not Crime Index offenses. Because State UCR Programs have become 1958, both larceny of articles worth of the fact that they occur infrequently, less than $50 and manslaughter by are not reliably reported to the police, negligence were also dropped as or do not readily reveal themselves as Crime Index offenses. These changes criminal acts at the time of their occur• in the Index did not alter its fundamen• rence, some serious crimes are inad• tal character, since the deleted of• equate as an index to the volume of fenses were subcategories of more crime at a particular time and at a serious crimes of the same class. Forc• particular place-the purpose of the ible rape, larceny, and nonnegligent Crime Index offenses. manslaughter remained in the Index.

September 1980 / 5 fenses in recent years and the result- • ing clamor by the firefighting and fire ' insurance communities for additional • publicity and law enforcement empha• sis to control the spread of this serious crime. Arson has always been regard• ed as a serious crime in the UCR I Program, but due to delays and uncer• 1 tainties in establishing fires as arsons, fragmented lines of authority in the

investigation of the crime, and peculiar• I ities in scoring the offense consistent with other Index crimes, arsons were poorly reported and did not readily lend I• State representatives from Mississippi. the 47th State to initiate a VCR Program, confer with VCR themselves to the requirements of the J training instructors at FBI Headquarters. During the period 1963 through Crime Index. With growing efforts to- 1 1975, excluding 1973, "Crime in the ward consolidating and improving in• United States" included statistical vestigative procedures concerning studies concerning certain offenders arson, together with better reporting of who had been arrested during the peri• the crime, collection of this offense od 1963 through 1969 and another statistic will appear among the Crime group arrested during the period 1970 Index offenses published in the future. through 1975. The purpose of these Criticism studies, known as the Careers in Crime Program, was to trace, through finger• As with many successful and well• print records, the paths of select of• known efforts, the UCR Program is not without its critics. Criticism has ranged fenders through the criminal justice from the cynical-such as that which system. The studies, which were last I suggests the police cannot be trusted conducted with data from the Comput• to report crime accurately-to the erized Criminal Histories (CCH) project, thought-provoking, which have helped confirmed what had long been sus• pected by criminal justice practition• form new insights into the complex ers-that recidivism among offenders problem of data processing. Among all was high and that the incidence of the responsible criticisms of the pro• recidivism tended to be more frequent gram, two main contentions emerge among youthful offenders. The Careers that are really expressions of what the in Crime Program was discontinued in program ought to be rather than criti• 1976, and because of unresolved legal cisms of what it is. These are: 1) That and jurisdictional questions surround• the program is an inadequate index for ing CCH, it is not antiCipated that these the entire criminal justice system, and 2) not enough can be determined from studies will be resumed in the near future. the program's data base about the crimes reported. VCR Crime Clock exhibited at FBI Headquarters The most recent and perhaps the The UCR was, of course, not de• shows the relative frequency ofoccuffence of most significant change in the program Crime Index offenses. signed for the entire criminal justice since its inception has been the addi• system. It was devised by law enforce• tion of arson as a Crime Index offense. ment personnel to meet law enforce• In October 1978, Congress enacted ment needs, and its success in this legislation mandating that arson be objective has been due solely to the classified as a Crime Index offense in professional cooperation of law en• the UCR Program. This legislation forcement personnel. If there is to be a stemmed from a surge in arson of• comprehensive data network for the entire criminal justice system-and in• deed this is an imperative goal-then other segments of the system-pros- , ecutors, the courts, probation and pa• role, and correctional institutions•

6 I FBI law Enforcement Bulletin must demonstrate the same commit• Accomplishments The Future ment, the same discipline, and the There are many impressive facts The UCR Program looks forward same spirit of cooperation as has the and figures that can be cited to docu• to many dynamic improvements in the law enforcement community in devel• ment the accomplishments of the UCR collection of criminal justice statistics. oping the UCR Program. What many Program. For example, cooperating The most recent decade has seen oth• , proponents of a comprehensive crimi• agencies in the program now number er aspects of the criminal justice sys• I~ nal justice data system overlook in more that 15,000, compared with the tem develop first efforts in the their understandable desire to under• less than 400 with which the program aggregation of statistics. The upcom• take wide-ranging analyses of criminal began. While crime coverage during ing decade promises enhancements justice data is the fact that before we the program's formative years was lim• for a better understanding of the entire I can analyze we must have comparable ited to a few metropolitan areas, the phenomena of crime and its ramifica• data and before we achieve com para• data now represent 98 percent of the tions. The need for credible criminal I bility we must have uniform data. Lack Nation's population. justice statistics becomes more in• r of uniformity is the crux of the problem. tense as public service agencies expe• To achieve uniformity requires arduous rience constrained budgets. The planning and extraordinary sacrifice on "Cooperation has been development of meaningful programs the part of participants. the foundation of the to diminish the impact of crime on our The UCR data received and pub• society rely more and more on empiri• lished by the FBI is summary data program's cal data which identify the seriousness, which demonstrates crime trends by success...." extent, and nature of criminal activity. the volume of crimes reported. Such For the law enforcement executive, the summary programs at their collection During the 5-decade period of the municipal planner, and the serious stu• point-which in the case of the UCR FBI's association with the UCR Pro• dent of the crime problem to address Program is FBI Headquarters-have gram, an estimated 230 million Crime responsibly their obligations in the no means by which individual crimes Index offenses have been tabulated criminal justice arena, valid information can be sorted out for examination of all which, for the curious, break down must be at their disposal. The UCR aspects of their commission. In recent roughly into 600,000 murders, 1 million Program commits its resources to as• years State UCR Programs, many of Sisting in these endeavors. forcible rapes, 9 million robberies, 11 which are crime incident based, have To understand crime we must million aggravated assaults, 60 million made important inroads in solving the know the who, what, where, when, and burglaries, 130 million larcenies, and problem of producing definitive data why of its occurrence. The UCR Pro• 22 million motor vehicle thefts. concerning certain offenses or classes gram has made unmistakable progress Furthermore, the program was the of offenses reported in the UCR Pro• in estimating what crimes have oc• inspiration for the FBI's National Crime . gram. While these States report UCR curred, where they have occurred, and Information Center, now in its 13th data to the FBI in summary fashion, when they have been committed. But, year of serving as a computerized tele• their records base often contains the a good deal less is known about who communications network for law en• type of specific information much exactly has committed these crimes or forcement agencies in this country and sought after by many crime research• precisely why they have occurred. To abroad. ers. Moreover, as computerized data answer these important questions will Of all the program's accomplish• systems become the rule rather than require more revealing data from ments, none can match the 50-year the exception, the information will be• other elements of the criminal justice record of cooperation that has consist• come more readily retrievable in a system. I'BI ently characterized participation in the wider range of categories of statistical UCR. Cooperation has been the foun• interest. dation of the program's success and its spirit has grown and prospered over the years. It is for this reason more than any other that the UCR stands alone as the only ongoing uniform data collection program in the criminal jus• tice system from which meaningful as• sessments of crime trends can be made.

September 1980 / 7 "Every time the price ofgasoline System flexibility becomes impor- • increases by one cent per gal/on, it tant when considering the decentral• I costs the Ohio State Highway Patrol ized highway patrol operations in Ohio. • $30,000 annually. Watching our There are 57 posts in the State, each automotive costs closely is not only having a fleet of 7 to 18 vehicles. The , desirable, it is mandatory. " posts are distributed among 10 dis• ­Col. Jack Walsh tricts into which the State is divided, J Superintendent and each district is assigned approxi- 1 mately 90 vehicles, amounting to a ' Within recent years the Ohio State statewide total of 950 cars, trucks, Highway Patrol has experienced a criti• vans, tractors, and lawnmowers. [llJrII(JIJiflrs cal need to monitor rapidly rising vehi• System Implementation cle costs. Because of the drastic increase in fleet operating expenses, After nearly 2 years of planning, I.. rIllJrllilJr especially fuel costs, it became im• the division designed and implemented II perative that management personnel a computerized automotive cost rec• lJflr-i[JlfI know exactly which maintenance areas ords system which allows for the direct required the most funds. A functional, entry of all vehicle costs into the com• timely, and accurate system of vehicle puter by the terminal operator. This [JlJsis cost record keeping would provide the one-step daily process of placing all information necessary to identify ineffi• cost records into computer storage en• cient vehicles in time to take corrective ables management personnel to re• measures. trieve current cost information on By COL. JACK B. WALSH If facts and figures could be com• individual vehicles or fleet totals when• Superintendent piled on individual vehicles, those as• ever necessary. Ohio State Highway Patrol signed to certain geographical areas, a This system is considered to be a Columbus, Ohio specific category of vehicles, or the revolutionary advancement in our rec• total fleet, management could identify ordkeeping procedures, as well as a problem vehicles and trends in defec• valuable decision making and trouble• tive parts and separate costs into shooting tool. It keeps track of all costs areas of consumable items, such as incurred on division-owned vehicles, fuel, tires, air filters, and others. This including patrol cars, vehicles used for information would aid in making future communications, vehicle inspection, decisions on choice of vehicles and driver licensing, and other specified budget preparation and allocation. areas, division airplanes and helicop• A committee was formed to study ters, tractors, and lawnmowers. the problem and devise a solution. Upon request, the computer termi• They were to develop a system which nal operator can retrieve the cost his• Colonel Walsh would record and categorize all vehicle tory of a vehicle on a month-to-date costs in an efficient and accessible and year-to-date basis, including year form. The recording system would and make of vehicle, cost-per-mile to have to be easy to operate, compre• operate and mileage-per-gallon figure, hensive in scope of stored information, hours of downtime, cost of routine and flexible to accommodate variable maintenance and/or repair, miles trav• data needs. eled by month, year, and total regis• tered on the odometer, gallons of gasoline used and cost, and a com• plete listing of parts replaced and cost with accompanying labor charges. This information is available for individual vehicles, fleet figures at post and dis• trict levels, or State totals of all divi• sion-owned vehicles.

8 / FBI Law Enforcement Bulletin Limitations of the Old System Since the prices of these items are It is possible to compare exact The previous vehicle cost record• updated by personnel at the division's costs incurred by the division to oper• ing system grouped costs into general general headquarters, field personnel ate two different car makes of the ~ categories, but provided no individual are not concerned with computing same age, or the same make of car at car information. It gave a total parts amounts. The computer automatically 10,000 miles, 20,000 miles, or what• cost and total labor charge figure with works with the latest prices entered ever factor is selected for comparison. no breakdown as to specific part, cost into the system. If a certain mechanism fails with regu• ~ of installation, or whether it was routine The computer also keeps track of larity, the computer is programed to maintenance or wreck repair. the gasoline used from storage tanks call attention to the problem so that it Another problem with the previous installed at field locations and auto• can be resolved effiCiently. t system was that it required too much of matically notifies personnel when it is an officer's time-time which could be time to refill the tanks. A Time and Money Saver I better spent on enforcement duties. Despite its very recent implemen• ~ Record books were carried in each Multilevel Management Tool tation, March 1, 1980, the Ohio State vehicle so that the officer could enter The computerized cost reporting Highway Patrol's new system of com• costs incurred while using the car. All system provides an excellent manage• puterized automotive cost reporting is mathematical calculations were done ment tool to all levels of supervision. In already reflecting great savings in time by the officer, including tax, and the seconds a post commander can see and money. records were given to a supervisor. how many miles are being logged by Since the division had an existing Additional time was needed for the officers in his command, check ex• computer system and a staff of pro• supervisor to check all the figures be• penses, compare miles-per-gallon effi• gramers, there were no additional fore the monthly records were mailed ciency on vehicles assigned to the costs in this area. The programers de• to general headquarters, where thou• post, and be informed of the cost-per• signed a program to fit the needs out• sands of these sheets had to be key• mile of each vehicle. lined by the planning committee. punched. Finally, the keypunched In turn, the district commander Since field personnel were already information was sent to the data center can objectively look at the vehicle cost accustomed to using computer termi• to be processed into monthly reports. records of the six posts within his juris• nals, the training was minimal. Also, no The whole process took a minimum of diction and begin to see a comprehen• new equipment was needed to put the 2 weeks. When the monthly report was sive picture of how the vehicles are system into operation. finally compiled, it not only was ineffi• being used and which vehicles are The amount of paperwork and the cient in terms of the information pro• best suited to particular geographical number of people needed to maintain vided but also out of date. areas. the previous automotive cost recording At the administrative level, person• system were greatly reduced-a sav• Development of Computerized nel can tell exactly how much is being ings in time and money. Also the new Cost Records spent on general repair of all vehicles system allows uniformed personnel After considerable study by the of a certain make, model, and year much more time for enforcement duty. committee, a list of the 134 most used during a specific month. This informa• Of course the main advantage to vehicle replacement parts and labor tion, compared with comparable fig• computerized cost recording is the costs was compiled. This list was used ures on other vehicle models, allows amount and type of information which to build the computer program so that management to spot trends in equip• is instantly available to management all division locations would have a uni• ment defects, as well as the gas effi• personnel. These timely, accurate form way to enter vehicle repair costs. ciency of all division-owned vehicles. facts aid in making rapid, knowledge• Vehicle cost records are kept cur• able decisions in today's constantly rent on a daily basis. Each day the changing automotive market. service record of every vehicle as• Simply stated, the computerized signed to a particular location is en• direct entry system provides more in• tered into the computer. This formation in less time in a more usable information includes any gasoline, oil, form. While we cannot control the ris• tires, air filters, or repair work done on ing price of gasoline and other auto• a specific vehicle on that day. Just as motive costs, we can monitor costs daily records are available at the close and make appropriate cuts where nec• of any day, monthly vehicle costs are essary-ali within the framework of available on the first day following the maintaining service to Ohio's motoring month-there is no time lag as with the public. rBI old system.

September 1980 / 9 AG vs. FAT 1 Effect on Physical Performance of Police Officers

By PAUL O. DAVIS, Ph. D. and ALBERT R. STARCK, M.A. Institute of Human Performance Fairfax, Va.

Law enforcement administrators cal fitness. Maximum hiring ages have In light of our research findings, have traditionally and typically advo- been implemented, apparently with the none of these conditions exists. Inex- cated that police officers should have a feeling that youth is a prerequisite for pensive tests are available which are youthful physical profile. The prevailing excellence in health and fitness. How- quite effective in establishing an indi- attitude is that older individuals are not ever, there are a number of older indi- vidual's ability to perform various physi- able to perform the required physical viduals who have maintained their cal tasks. The question that is more duties of the job. There appears univer- physical abilities and possess equal, difficult to answer is whether the aging sal acceptance of the requirement that and in some cases superior, physical process automatically results in declin- recruits possess a high level of physi­ profiles to much younger persons. It is ing physical fitness. believed that individuals who exceed maximum hiring ages should be al- lowed to demonstrate their level of fitness rather than being judged unfit based on an arbitrary age cutoff. To establish age as a bonafide occupational qualification and use age cutoffs to exclude older applicants, the following criteria must be met: 1) It must be demonstrated that virtually all individuals who exceed the cutoff age are incapable of performing the physical job requirements; 2) Tests do not exist to distinguish effectively between individuals who can and cannot perform the job; or 3) The cost of developing such 1 tests are prohibitively expensive. I

Dr. Davis Mr. Stsrck I

10 / FBI law Enforcement Bulletin ' I In an effort to answer this ques• tion, we evaluated the current fitness levels of 671 male and female police officers in the Washington, D.C., met• ropolitan area. Each officer underwent a laboratory evaluation designed to de• termine such fitness attributes as aero• bic capacity, muscular strength and endurance, flexibility, and percentage of body fat. Simple tests such as pushups, standing broad jump, and a measure of flexibility (figure 1) were employed, along with more elaborate tests requiring laboratory equipment. Aerobic capacity, or one's ability to endure rigorous activity, was measured , on a treadmill. The longer one re• mained on the treadmill, the greater his aerobic capacity. This test was also used to detect heart and blood pres• sure abnormalities. Body compOSition (percent body fat) was determined by measuring each subject's buoyancy when totally submerged in a tank of water. The more tendency he had to float, the higher the percentage of fat. Pulmonary function apparatus measures residual volume and forced expiratory volume in one An added feature of this test was that second. each subject received a recommended optimal body weight. Muscular strength was determined by measuring both grip strength and shoulder strength with force measuring devices. These measures have proved to be quite reli• able in predicting overall body strength. Table 1 lists the average test val• ues for the police officers studied. The 19.8-percent body fat figure is the typi• cal average value at which we previ• ously arrived when studying other public safety workers. It is approxi• mately the same value as normal sed• entary Americans of similar ages. However, the normal sedentary person is not expected to perform dangerous law enforcement tasks that place their lives and the lives of others in jeop• ardy. Police officers should possess an Handgrip (dynamometer) measures grip strength. average percentage of body fat closer to 16 percent.

September 1980 I 11 The mean result of the hip flexibil- and grass height would lie somewhere Table 1 ity test of 12.54 inches indicates that between zero and +1.0­the more Descriptive and Normative Data the average officer was able to reach rain, the higher the grass. The relation- Variable Mean 1/2 inch beyond the toes. A score of ship between cloudiness and sunshine 12.0 would indicate the ability to touch would lie between zero and ­ 1.0­as Age (years) 33.3 the toes, and each inch greater than clouds increase, sunshine decreases. Weight (Ibs) 185.5 12 means reaching an additional inch Table 2 indicates two sets of rela- Fat weight (Ibs) 37 .6 beyond the toes. Our results show that tionships. First, as age increases, per- about one­half of the officers could not formance decreases on all tests 19.8 Percent fat (%) touch their toes. Poor flexibility in this except strength. This is indicated by Height (in.) 70.8 area of the body has been linked to a the negative numbers. Second, as per- Pushups 29.3 high incidence of low back problems. cent fat increases, performance de- Disability and injury claims of any mu- creases. Notice that the numbers in Situps 40.6 nicipality will show that back injuries both columns are very similar, which Hip Flexibility (inches) 12.54 shows that there may be a strong rela- tionship between the effects that both Long Jump (inches) 80.75 "The requirement for age and fat have on performance. In , Total strength score (kg) 224.2 possessing and fact, it may be possible to show that Treadmill time (min.) 10.6 maintaining good what may be considered an aging ef- health and fitness fect may actually be an effect due to increased body fat. should not only be In table 3, we have listed a num- Table 2 levied on recruits but ber of test items and have divided the police officer population into six age Correlation Coefficients: on every officer involved in police groups. Notice that as age increases Age and Percent Fat vs. among the groups, the performance Selected Test Items work." and body weight/fat data become poorer, certainly not an unexpected Variable Age Fat among police officers rank extremely finding. The gradual increase in weight high in terms of total medical pay- may be explained by increased Pushups ­.360 ­ .499 ments. All other test result averages amounts of body fat. The lean weight may be considered typical for police (total weight minus fat weight) remains Situps ­ .460 ­ .487 officers in general. relatively constant across the age The data were next analyzed to group. It is the fat weight component Hip flexibility ­ .137 ­ .200 see if any relationships could be found that increases, which is the reason for between age and any of the test re- the increasingly higher percent fat fig- Strength .008 ­.087 sults. We found that similar relation- ures. Insurance height/weight charts ships existed between age and certain allow an individual to carry more body Jump ­ .404 ­ .461 tests (variables) and also between per- fat with increased age, but from a cent fat and the same variables. These physiological viewpoint, it is unneces- Treadmill ­ .430 ­.526 relationships, listed in table 2, are ex- sary and creates an unhealthy situa- pressed as correlation coefficients. A tion. relationship between two variables can In adults, the waist girth is sensi- be expressed mathematically as a val- tive to changes in body fat. Table 3 ue from ­ 1.0 to +1.0. A value of 0.0 shows a waist girth increase of nearly 5 means that there is no relationship between the variables. Values pro- gressing from zero to +1.0 indicate increasingly stronger relationships be- tween two variables. One can better predict that as one variable increases, the other variable increases more or less equally. Values from zero and pro- gressing to ­ 1.0 indicate increasingly stronger relationships, so that as one variable increases, the other de• creases more or less equally. For ex- ample, the relationship between rainfall

12 I FBI Law Enforcement Bulletin inches over the six age groups. This is attributable to gains in fat weight. Our laboratory findings have clearly shown the inadvisability of using height/weight charts for determining appropriate body weight. A more sensi• ble approach would be the application of available body weight and waist girth charts. The decrease in performance of the other fitness items listed in table 3 corresponds with the increased amounts of body fat as the groups advance in age. This was mathemat• ically demonstrated in table 2 with the negative correlation coefficients, i.e., as age and fat increase, performance decreases. To answer the initial question of whether aging automatically results in decreased performance, and to investi• gate the degree of interaction between age and body fat on declining perform• ance, we used a statistical technique called analysis of covariance. This technique allowed us to look at the effect one variable had on another An officer undergoes the treadmill test. without the confounding effect of a third variable. For instance, it is known that muscular endurance will have an impact on one's ability to perform ac• tivities such as situps. It is also known that excessive body fat has a harmful

Body composition is determined by measuring an officer's buoyancy when he is totally submerged in a tank of water.

I

Sit and reach test for measuring hip flexibility.

September 1980 / 13 effect on the performance of situps Table 3 and that older individuals usually per- Unadjusted Means for Selected Test Items form poorly on this test. Our review of these statistical correlations indicates that body fat may be acting simulta- Variables < 24 25 to 2930 to 3435 to 3940 to 45 > 45 neously with aging in reducing perform- ance of situps, as well as other Weight (Ibs) 171.38 181 .22 186.40187.43 191 .69 191 .92 physical performance tests. Using analysis of covariance allowed us to ..:. 38 ~ 1 ...:. 4 Lean weight (Ib..:::s!....) ___..:....:.:146:.:..5:..:5=­­­ 14:.....:.....7: 92..::.­=­....:1....:.48:..:. 7.:...... :.68=­­_14_7_.35 _ __ 145__ _ .34 _ consider what the age group scores would be if we could assume all groups Fat weight (Ibs) _____2_4_.7_7__3_3_.2_5__3_7_.9_7_ 3_9_. 7_0__4_4._2_6__4_6_.5_8 had the same body fat (no increases with age). Table 4 contains the age Waist girth (in.) 33.01 34.56 35.87 36.38 37.51 37.91 group means for several important test items previously listed in table 3. These Percent fat 14.19 17.95 20.04 20.72 22.727 23.94 ~=------averages, called "adjusted means," have been statistically adjusted based Pushups 36.25 34.96 29.89 25.8 21.87 19.97 on all age groups maintaining a con- stant 14.19­percent body fat equal to Situps 49.13 47.61 42.26 35.81 29.86 24.27 the youngest age group. Notice that for weight and waist girth, the scores for Hip flex (in.) 13.42 12.77 12.70 12.62 11 .64 10.72 all age groups remained virtually identi- ~~------cal. The performance of pushups, sit- Long jump (in.) 89.58 83.16 82.38 77.96 74.74 72.03 ups, and treadmill time show much less decline than on table 3. Not all of Strength (kgs) 215.779 223.21 225.96 224.295 223.219 217.69 the decrease in performance is ac- counted for by body fat­some is still Time on treadmill 11 .96 11 .26 10.78 9.926 9.643 8.95 attributed to other aging effects. The largest measure of loss, however, is due to excessive amounts of body fat. Figure 1 is a graph of the numbers Table 4 from tables 3 and 4. The dark areas are the "unadjusted" or actual results, Adjusted Means for Selected Test Items while the light areas represent the "adjusted" mean results. The figure Variable <24 25 to 2930 to 4435 to 3940 to 45 > 45 graphically illustrates the improvement in test performance that may be at- Weight (lbs) 171 .38 172.7 173.2 172.5 172.4 169.9 tained by maintaining a lower percent- age of body fat. Older individuals who Waist girth (in.) 33.01 33.04 33.50 33.71 34.12 34.00 retain youthful levels of body fat, usual- ly less than 16 percent, can generally Pushups 36.25 38.62 35.58 32.20 30.17 29.40 ------be expected to perform physically de- manding tasks at levels equivalent to Situps 49.13 50.43 48.20 42.49 38.53 34.17 ------much younger persons. This is espe- cially true of tasks requiring movement Treadmill time (min.) 11 .96 11 .67 11.46 11.54 10.63 10.1 of the body itself­pushups, situps, jumping, climbing, and running. Strength tests involving little or no body movement usually show no rela- tion to amounts of body fat. Table 2 shows virtually no relationship between strength and age (.008) or percent fat (.087).

14 I FBI Law Enforcement Bulletin Age cutoff standards, when used Figure 1 as a job selection criterion, may be discriminatory and unreliable. In fact, Age Group Comparison of Adjusted and Unadjusted Mean Scores many of the physically fit, older officers we tested demonstrated much better 200 Ui health and fitness profiles than the out- .0 of­shape younger officers. The only ju- 180 dicious method of determining who is .J::­ OJ physically qualified for police work is to '(ij 160 test physically applicants and incum- ~ • bents. The requirement for possessing 140 and maintaining good health and fit- ness should not only be levied on re- .J:: cruits but on every officer involved in .= 38 (!J~­ 36 police work. Those officers who pos- _E sess high aerobic capacity, low body C/)• 34 'co 32 ~ fat, and good muscular fitness have ~ reduced heart disease and low back injury risk factors. All law enforcement personnel, regardless of age, should

be physically fit. The benefits accrue C/) 35 immediately, not just in on­the­job per- a. :J .J:: formance but in other aspects of life as C/) 25 well. fBI :J a.. 15

50 C/) g. 30 U5­ 10

.­ E "0 12 ctl Q) ..... ~ 11 l- e: e: E 10 0- Q) 9 E i= 8 24 25-29 30-34 35-39 40-45 45 All Groups

Unadjusted Means Adjusted Means

September 1980 / 15 Offender Profiles A MULTIDISCIPLINARY APPROACH

The psychology of criminal behav• EDITOR'S NOTE In recent months, Two members of the FBI ior, its patterns, dynamics, and charac• the FBI Law Enforcement Bulletin has Academy's Behavioral Science Unit, teristics, is an inadequately addressed featured several articles on the Special Agents Robert K. Ressler and area of research. It is difficult to enlist application ofpsychological profiles as John E Douglas, and two the cooperation of an offender prior to an investigative technique in selected internationally recognized authorities in trial, since open disclosure could serve criminal cases. The use of the field of sexual assault, Dr. A. to incriminate him. Following convic• psychological criminal analysis is the Nicholas Groth and Dr. Ann Wolbert tion, the offender's participation in a product of a pilot project initiated by Burgess, comprise the research team psychological evaluation is geared to• thft FBI in 1978. This initial project, for this project. Dr. Groth is Director of ward the desired outcome of his dispo• aimed at formulating criminal offender the Sex Offender Program for the sition hearing or pending appeals. After profiles through investigative ConnecticutDepartmentofCoffection his incarceration, the offender general• interviews with incarcerated felons, led and is a clinical psychologist who has ly becomes inaccessible to behavioral , to the development of an ongoing worked extensively with convicted scientists. For the most part, attempts systematic study-The Criminal sexual offenders. Dr. Burgess is to research criminal behavior have Personality Interview Program. This Professor and Director of NurSing been confined to individual case re• program is designed to identify the Research at Boston University School porting, which is subject to an inability salient characteristics, motivations, of Nursing and is a clinical specialist in to differentiate the relevant from the attitudes, and behaviors of offenders psychiatric mental health nursing who irrelevant, and to a large-scale statisti• involved in specific types of crime. has worked extensively with victims of cal analysis of offense data retrieved sexual assault. This article is a joint from police records, in which individual effort of members of this research differences are treated as error. There• team. fore, it was believed that a systematic study of incarcerated offenders whose appeals had been exhausted, com• bined with a review of all relevant doc• uments and pertinent case records, direct observations, and firsthand in• vestigative-clinical interviews with the subject, might yield important insights into the psychological nature of crimi• nal behavior.

16 / FBI law Enforcement Bulletin ·,

The question remained as to whether incarcerated offenders would cooperate in such research. In order to determine the feasibility of the intend- ed study, a pilot project was undertak- en. Crimes in which the FBI either has primary jurisdiction or has traditionally assisted local agencies by providing technical assistance and special ex- pertise, such as hostage/terrorism, skyjacking, extortion/kidnaping, assas- sination, and mass/multiple murder, were targeted for study. Guidelines were formulated in conjunction with the Legal Instruction Unit of the FBI Acad- emy. Eight convicted offenders were then approached and asked if they During the 1979 Fiesta Parade in San Antonio, Tex., a sniper. who was a former mental patient, would be willing to be interviewed killed 2 persons and injured 51 others, including about their crimes. They were long- 13 children and 6 policemen. Photos depict term incarcerated felons lodged in var- shooting scene and arsenal used by the sniper. Insight into the psychological ious State and Federal penitentiaries behavior ofpersons involved in such crimes is and were selected for the gravity of the overall goal of this research program. their violent crimes. The results were very encouraging. Based on this re- sponse, plans were developed for an

September 1980 I 17 Or. Burgess Or. Groth Special Agent Ressler extended, ongoing systematic study of with a large number of cases. No for• This instrument provided not only convicted offenders in order to better mal data bank, however, has been de• guidelines for interviewing subjects but understand the patterns and dynamics veloped against which new cases can also a system of recording and coding of criminal behavior. Sexual homicide systematically be compared. Also, relevant data to permit computer anal• was selected as the initial area of pri• there is little or no followup once an ysis and retrieval. This protocol (which mary focus and concentration because offender has been successfully appre• continues to undergo revision and re• it is a lethal type of crime that attracts a hended and convicted. Consequently, finement) is divided into five sections: great deal of public attention. there is very little subsequent input of (1) Physical characteristics of the of• information which would serve to fender, (2) background development, Background of FBI Profiling sharpen and refine the existing body of (3) offense data, (4) victim data, and For the past few years, efforts at knowledge. (5) crime scene data. It encompasses developing psychological profiles of Given the opportunity to interview the offender's physical description, suspects Tor individual cases of sexual identified offenders and realizing the medical/psychiatric history, early home assault/homicide have been undertak• need to develop a protocol to insure life and upbringing, schooling, military en by members of the Behavioral Sci• systematic retrieval of pertinent data, service, occupation/vocational history, ence Unit. 1 These cases were referred the Training Division engaged the serv• sexual development and marital histo• to the unit by local police departments. ices of Dr. A. Nicholas Groth and Dr. ry, recreational interests, criminal histo• From the available evidence and infor• Ann Wolbert Burgess, two experts in ry, the characteristics of his offense, mation, unit members developed a the field of sexual assault who had modus operandi, victim selection, and psychological composite of the sus• been conducting specialized police the scene of his crime. pect. The approach is one of brain• schools on rape and child molestation Once the assessment schedule storming, intuition, and educated for law enforcement agents at the FBI had been designed, it was adminis• guesswork. The product was the result Academy. This professional affiliation tered to three groups of sexual offend• of years of accumulated investigative provided a multidisciplinary approach ers-sex murderers, rapists and child experience in the field and familiarity to the study of the sex murderer, com• molesters, and sex offenders confined bining contributions from both law en• to a mental health facility. During the forcement and the behavioral first year (1979) of the study, interviews sciences. with 26 men who were convicted of a From a review of the pertinent literature and from the direct, firsthand field experience and prior work of the researchers, this team proceeded to develop a data schedule for investiga• tive inquiry and offender assessment.

18 I FBI Law Enforcement Bulletin Edmund E. Kemper. a mass murderer. is interviewed by SA Douglas. sex­related homicide and were incar• cerated in various institutions across Interestingly, institution officials the country were completed. The sec• have been supportive of the research ond group-rapists and child molesters investigation efforts, and the offenders incar.:;erated in a maximum security themselves have been very receptive prison-consisted of approximately to our solicitation for their help and 125 adult male offenders who were participation in this study. Although a administered the interview schedule. few have denied or minimized their These subjects were equally divided culpability, the majority have provided between those who had sexually as• information consistent with the known saulted adults and those who had sex• facts of the case. ually assaulted children. Sex offenders What prompts convicted offenders committed to a security treatment to cooperate with law enforcement Selected inmates of the Oregon State Peni• (mental health) facility following con• agents? A variety of reasons exist. For tentiary participated in the research program. viction but prior to disposition com• those troubled by what they have prised the third group. Approximately done, cooperation may be an effort to 100 men were interviewed, again gain some perspective and under• equally divided between rapists and standing of their behavior or an effort child molesters. to compensate and make some type of Computer programs were then restitution. Others, especially if they written to process the data. It is antici• feel forgotten or ignored, may respond pated that as this body of data accu• to the fact that someone is paying mulates, it will provide information attention and showing some interest in about a number of issues pertaining to them. A selected number of multiple the sexual offender. murderers appear to be fascinated with law enforcement, as evidenced by their attempts to become identified with the profession, i.e., posing as law enforce• ment officers, holding positions such as security guards or auxiliary police, etc. These offenders welcome an op• portunity to again associate them• selves with investigative efforts. Some may expect that cooperation will result in favors or benefits; others may feel

September 1980 I 19 they have nothing to lose, since all profiles will be developed based on study, which addresses sexual assault, their appeals have been exhausted identifiable behaviors, traits, and char• is unique in that it represents the com• and no realistic hope for parole or acteristics. The profiles, in turn, will aid bined approaches of law enforce• pardon exists. Finally, others may par• local law enforcement agencies in the ment/criminal justice and behavioral ticipate in the study because it pro• investigation of the crime and the iden• science/mental health professionals, ~ vides an opportunity to dwell on and tification and apprehension of offend• as well as active participation and di- ~ recapture the fantasies, memories, and ers. In addition, such profiles and rect contribution from convicted felons, 1 accompanying feelings of the original related information will serve to im• to combat this major type of serious offense. Whatever their reasons, noble prove interrogation techniques and in• crime. I'BI or selfish, healthy or pathological, each terviewing skills and to identify those in his own way contributes something techniques which will be most produc• Footnote toward understanding the variety and tive with each type of offender. 'Richard L. Ault, Jr. and James T. Reese. "A Psychological Assessment of Crime: Profiling." FBI Law • complexity of this category of crime. Knowledge gleaned from this re• Enforcement Bul/stin, vol. 49, No. 3, March 1980, pp. search will have important implications 22-25. Statistical Procedure The reliability and the validity of ". . . an extended, the data retrieved from the study of these offenders will ultimately be test• ongoing systematic ed by the accuracy with which predoc• study of convicted trines (offender profiles) derived from offenders [was this data pool are fulfilled. It is from these data that various types of offend• initiated] in order to er profiles are beginning to emerge. better understand the Although no two offenders are exactly patterns and dynamics alike, and there is a wide range of of criminal behavior" individual differences found among of• fenders who commit similar offenses, they also share some similarities or for crime prevention by identifying im• common traits. It will be both these portant biopsychosocial factors of an important differences and the impor• offender. It will assist by attempting to tant similarities that serve to differenti• provide answers to such questions as: ate and identify different kinds or 1) What leads a person to become specific types of offenders within the a sexual offender and what are the same offense category. early warning signals? 2) What serves to encourage or to Goals and Purposes of Program inhibit the commission of his offense? 3) What types of response or cop• This criminal personality research ing strategies by an intended victim are program is designed to contribute to . successful with what type of sexual advances in the study of sexual homi• offender in avoiding victimization? cide-a subject about which little de• 4) What are the implications for his pendable information is currently dangerousness, prognosis, disposition, available-by establishing a national and mode of treatment? data bank from which reliable informa• Current emphasis is on the rape• tion can be retrieved. From the data murderer, since the Training Division derived from this research, offender receives annually close to 100 un• solved, sex-related homicides for re• view and analysis. This research program is envisioned as ultimately ex• panding to encompass a broader vari• ety of felony crimes to include hostagetaking and techniques to im• prove hostage negotiation. A further benefit will be the improvement of techniques of interviewing, interroga• tion, and informant targeting in criminal and espionage matters. The present

20 / FBI Law Enforcement Bulletin EXICUTE An ideal police training system can either formal or informal. Formal input only exist in an ideal police organiza• can be a directive from the chief that A System tion. The quality of training will be en• 10 additional hours will be added to hanced or hampered by the quality of report writing instruction or the estab• the organization. Consequently, a po• lishment of a school for evidence tech• lice organization must be well-defined nicians at the request of the for Police in terms of structure, job descriptions, identification section. Informal input is and mission (reason for its existence), received continually by the training divi• or its training program will suffer. sion through conversations between its Training EXICUTE is a system designed to staff and other members of the depart• identify continually the training needs ment, regardless of rank or section of of the police department and develop a assignment. Citizens and citizen curriculum responding to these needs. groups provide a second form of input. By LT. RON BERMAN It shows the flow from external input to Their opinions may be directed to the u. S. Capitol Police identification of needs to curriculum chief, the academy, or the media, and Washington, D. C. development to actual training and fi• usually result in more human relations nally evaluation. The importance of this training. The third major source of input system lies in improving the quality and comes from the governmental entity relevance of the myriad of training pro• that supervises the police department, grams which have evolved in the last such as a city councilor mayor. The 10 years. chief's chief wields considerable influ• If a police department's training ence over all facets of the department division is viewed as being part of the when he cares to use it. Fortunately, training system, then other groups and this weight is not often felt in the train• individuals exerting influence from out• ing division. Articles or editorials by the side the system can be called external media, another source of input, may input. This input can come from five reveal real or imagined weaknesses in major sources, the first and foremost a department that can be corrected being the other sections of the depart• through training. One area of great ment itself. Departmental input can be concern to the media is the proper use of deadly force. And last, input is pro• vided by other government agencies. This input may be in the nature of written guidelines for interacting with a particular agency or as a result of infor• mal contacts.

September 1980 I 21 The second stage in the EXICUTE Once selected, the subjects must system is the continuous identification be incorporated into the two major of training needs. This step is based on training curricula of the division-re• two types of activities­task analysis cruit and inservice. While recruit train• and identification of needs by the train• ing is a single program, inservice is ing division's staff. Task analysis in a composed of many different facets. In• police department depends on a clear service training can include executive organizational structure, good job de• development, supervisory and man• scriptions, and a statement of the de• agement training, specialized inhouse partment's mission. With these three training, specialized outside schools, elements, it is possible to identify those rollcall training, and continuation train• tasks that are critical for proper job ing. It is also true that different types of performance through task analysis. inservice training have varying degrees • While the task analysis could be per• of importance to the organization. formed by the training division, a con• Space, staff, and budget limitations sultant or the research and planning prevent many departments from doing section of the department is usually as much inservice training as they called upon for the assignment. would like. Thus, some courses must The training staff identifies training be placed in programs that are func• Lieutenant Berman needs by sifting through or collating all tioning, even if they would fit more external input, as well as through their logically in programs that are presently own observations based on random or nonexistent. For example, review of systematic reviews of activities within the laws of search and seizure may be the department. For instance, an in• placed in a supervisor's management crease in the number of on-duty in• class, because there is no other inser• juries and a decrease in the percent• vice class for supervisors during the age of arrests leading to convictions year. may indicate training needs that must The next stages of curriculum de• be filled. In addition, recent develop• velopment follow a standard format: ments in the criminal justice system, -Objectives written for each such as court decisions, may lead to block of instruction, new areas of training. -Criteria developed for each in• Both task analysis and staff identi• structional objective, , fication of training needs must be con• -Methods and materials select• I tinuous. Yet, because of the time and ed, I cost involved, task analysis cannot be -Lesson plans written based on performed every 6 months, only when instructional objectives, and it becomes out of date. However, the -Instructional aides and re• training staff will be able to identify new sources obtained. training requirements continually, de• This curriculum development proc• James M. Powell pending on the number of noninstruc• ess should be followed for each new ~ Chief of Police tional hours in their schedules. training area. Furthermore, each of After training needs are identified, these steps should be reviewed peri• I curriculum development begins. Since odically to ensure that changes have i not all training needs can be ad• not occurred which warrant a change ~ dressed at the same time because of in any or all the categories for a partic• time and staff limitations, the most im• ular subject. portant ones to be addressed must be selected, based on the priorities of the organization. Each area must then be converted into a rough block of instruc• tion, which is accomplished by group• ing training requirements logically under a single subject heading.

22 I FBI Law Enforcement Bulletin Conducting the training is the next stage in the system. The great care EXICUTE: A SYSTEM FOR POLICE TRAINING taken to select the courses and devel• op lesson plans will all be for nought if EXTERNAL INPUT the material is not properly presented to the students. This requires, first, that 1) POLICE DEPARTMENT there are facilities conducive to the (except training div.) learning process. Second, the staff 2) CITIZENS must be competent and dedicated to 3) GOVERNING BODY 4) MEDIA the concept of quality instruction and a 5) OTHER GOVERNMENTAL quality training program. And last, there AGENCIES has to be an emphasis on the impor• tance of the individual student. The training staff must be willing and able to respond to the unique learning needs of each student. Once the training is conducted, IDENTIFY NEEDS the final stage in the system, evalua• 1) T ASK ANALYSIS tion, is begun. Evaluation provides a 2) TRAINING STAFF check on the quality of training, the validity of instructional objectives, and the original determination of needs. Thus, it will afford input to the training division at the needs identification ar;ld CURRICULUM DEVELOPMENT curriculum development stages. The EVALUATION OF TRAINING 1) PRIORITIZE NEEDS evaluation process takes place while 1) IN TRAINING 2) SELECT SUBJECT AREAS the students are in training and after a. Testing 3) PLACEMENT IN CURRICULUM their training is completed. b. Student Feedback 4) INSTRUCTIONAL OBJECTIVES Evaluations are conducted through 5) CRITERION TESTS 2) POST TRAINING testing and student feedback. Testing, 6) METHODS & MATERIALS a. FTO Program based on criteria previously developed, 7) LESSON PLANS b. Performance Ratings offers feedback on whether the train• 8) INSTRUCTIONAL AIDS c. Surveys ing process is addressing instructional OBTAINED objectives. Student feedback, formal• ized in critiques usually administered at the conclusion of training, is useful in providing information on the quality of instruction. Student feedback in inser• CONDUCT TRAINING vice training will also provide informa• tion on the appropriateness of the training needs being addressed. The evaluation process continues ascertain where they feel more or bet• after the students complete training. ter training is needed. As rookies, they will be involved as The EXICUTE system of training trainees in a field training officer's pro• can be applied to any medium-sized gram; as experienced field training offi• police department. Although the sys• cers, they will also be the trainers. tem forms a loop, it is open to external Their success in either role will provide input. However, for the system to be data which will be fed back to the most effective, it must have the com• training division. This data will be use• mitment of a qualified training staff and ful when looking at training needs, cur• the total support of the department, riculum development, and the training from the chief administrator on down process. In addition, performance rat• through the ranks. rBI ings prepared on all personnel will indi• cate areas where more training is needed or may identify new training needs. Personnel in the department should also be surveyed in order to

September 1980 I 23 The first part of this article pro• By way of review, the general rule ENTERING vided an historical perspective of the is that the warrant clause in the fourth law concerning police authority to en• amendment requires the police to ob• PREMISES ter premises to arrest and a look at the tain a search warrant prior to entering a recent Supreme Court decision in Pay• private dwelling, unless circumstances • TO ARREST ton v. New York 47 and its impact on make the warrant process impractica- j law enforcement. The Court ruled in ble-thus creating a recognized excep• Payton that absent exigent circum• tion to the warrant requirement. In An stances, an arrest warrant is constitu• essence, the Supreme Court in Payton tionally required to enter the suspect's approved of an exception to this war• dwelling to make an arrest. 48 More• rant requirement by deciding that an Analysis over, the police must have probable arrest warrant carries with it implicit cause to believe the suspect is in his authority to enter the suspect's dwell• of the residence at the time of entry. 49 ing to make an arrest. 52 However, this However, the Payton decision did implicit authority emanating from the Warrant not answer two questions of funda• issuance of an arrest warrant may not mental importance to law enforcement justify entering the premises of a third officers. First, what kind of warrant, if party, because the arrest warrant Requirement any, is constitutionally required to enter merely indicates a judicial determina• the premises of a third party to arrest a tion that there are sufficient grounds to (Conclusion) suspect? Second, what constitutes the arrest a particular person and does not existence of exigent circumstances normally involve a prior judicial deter• justifying a warrantless entry? An anal• mination that there is probable cause ysis of some lower court opinions deal• for the police to enter the premises of ing with those questions is necessary. a third party. The primary purpose of requiring a Entering the Premises search warrant is to secure the right of of a Third Party privacy against arbitrary police entries By DANIEL L. SCHOFIELD and by taking the decision to enter and While the decision in Payton dealt JOSEPH R. DAVIS search from the police and placing it only with the authority of police to en• with a neutral and detached magis• Special Agents ter a dwelling in which the suspect trate. The Supreme Court in Payton resides, logic would suggest that at a Legal Counsel Division concluded that the privacy interests in minimum, the same constitutional re• Federal Bureau of Investigation the suspect's residence are adequate• quirements would apply where the po• Washington, D. C. ly protected by requiring the police to lice wish to enter the premises of a obtain an arrest warrant. 53 However, third party. Payton makes it clear that a arrest warrants, unlike search war• Law enforcement officers of other search warrant is not constitutionally rants, do not ordinarily involve any prior than Federal jurisdiction who are inter• required to enter the suspect's dwell• ested in any legal issue discussed in ing. 50 However, some courts and legal this article should consult their legal commentators have argued that ab• adviser. Some police procedures ruled sent exigent circumstances, the fourth permissible under Federal constitution• amendment requires a search warrant allaw are of questionable legality un• to enter the premises of a third party to der State law or are not permitted at arrest a suspect. 51 A brief look at the all. substance of those arguments seems merited.

24 I FBI Law Enforcement Bulletin judicial finding of the need for police to While acknowledging that courts and enter a particular location or the prob• legal commentators are divided over .. ability that the person to be arrested is the issue, the court ruled that a search located therein, and therefore, may not warrant is not constitutionally re• provide adequate protection against quired.59 A majority of the court in Jor• arbitrary invasions of the privacy inter• dan was persuaded that a search ests in premises other than where the warrant requirement would unduly suspect resides. hamper the police in the performance Courts directly addressing the of their duties and likely result in in• question of whether a search warrant creased escape attempts. 60 The court is constitutionally required to enter the wrote: premises of a third party have reached " The constitutional requirement of different conclusions. Several cases il• reasonableness does not man• lustrate the contrasting views on this date that we handicap police ap• issue. prehension efforts by requiring officers to wait at the threshold Cases Holding a Search Warrant while the suspect hides or flees or Is Not Required by requiring officers to return for a Typical of those cases which hold warrant to search each time the that an arrest warrant affords adequate suspect flees to hide . . .. We be• Special Agent Schofield protection is United States v. Gault• lieve that constitutional rights will ney. 54 In that case, the U.S. Court of be protected as long as any arrest Appeals for the Fifth Circuit concluded on private premises is supported that a search warrant is not required to by the judicial authorization of an enter premises belonging to a third arrest warrant and the police offi• party where the police have obtained a cer's probable cause to believe valid arrest warrant and have probable that the arrestee is within the cause to believe the individual named premises."61 in the warrant is located on the prem• ises to be entered. 55 Cases Holding a Search In an earlier case, United States v. Warrant Is Required McKinney, 56 the U.S. Court of Appeals In United States v. Williams, 62 the for the Sixth Circuit held that the issu• U.S. Court of Appeals for the Third ance of an arrest warrant is itself an Circuit ruled that in the absence of exceptional circumstance which, com• exigent circumstances, a search war• bined with the mobility of the person rant is required prior to entry into the and probable cause to believe that premises of a third party to make an person is located on the premises to arrest. 63 In that case, the police had be entered, justifies entry without a established probable cause to arrest search warrant. 57 Williams and probable cause to believe Special Agent Davis Recently, the Supreme Court of he could be located at the residence of Oregon in the case of State v. Jor• an acquaintance. Police initiated a sur• dan 58 addressed the issue of whether veillance of that residence, apparently a police officer may enter a private dwelling to execute an arrest warrant without obtaining a search warrant.

September 1980 / 2S " .. . lower courts are divided over the issue of whether a search warrant is constitutionally required to enter the premises of a third party to make an arrest."

intending to arrest Williams as he exit- A Review What Constitutes Exigent ed the building. After a period of sever- Most people would agree that an Circumstances al hours, the police approached the arrest itself constitutes a serious intru- The Court in Payton did not direct- house and observed a black male sion into an individual's privacy inter- ly acknowledge that the presence of open the front door and then quickly ests. In United States v. Watson, 70 the "exigent circumstances" would have duck back inside. The police then en- Supreme Court ruled that the intrusive- excused the failure of the New York tered the house, arrested Williams, and ness of a public arrest is not enough to officers to obtain arrest warrants for seized evidence from his person. The mandate the obtaining of a warrant. Payton and Riddick. Rather, the Court police had neither an arrest nor a However, the incremental intrusive- noted the existence of such special search warrant. ness that results from an arrest being circumstances was not an issue, as the While acknowledging that the made in a home or area where one has New York courts had not relied on any facts presented a close case, the court a reasonable expectation of privacy such justification to support their hold- concluded that exigent circumstances raises additional concerns of constitu- ings.71 However, such a notion appears justified the warrantless entry, because tional significance. In Payton, the Court implicit in the Payton opinion. The ma- the police had reason to believe armed ruled that an arrest warrant is required jority in Payton was careful to restrict flight was imminent. 64 However, lan- to enter the suspect's dwelling, absent the holding to "routine" felony ar- guage in the opinion indicates the court exigent circumstances. rests,72 and in restating the holding would have required a search warrant The preceding discussion demon- elsewhere in the opinion, it is condi- in the absence of those exigent cir- strates that the lower courts are divid- tioned by the phrase "absent exigent 65 cumstances. ed over the issue of whether a search circumstances. . .." 73 In another case, United States v. warrant is constitutionally required to The dissenters in Payton also Prescott, 66 the U.S. Court of Appeals enter the premises of a third party to clearly perceived the holding of the for the Ninth Circuit concluded that in make an arrest. In view of the fact the majority as allowing an exception to the absence of exigent circumstances, U.S. Supreme Court has not provided a the warrant requirement for exigent cir- an entry into the premises of a third final answer to this important constitu- cumstances. In fact, one of the criti- party to make an arrest is in violation of tional question, it is imperative that law cisms of the majority holding leveled by the fourth amendment, if a warrant enforcement officers carefully review Justice White in his dissent was that describing the place to be searched the law in their respective jurisdictions. "under today's decision whenever the and the persons or things to be seized While the courts are split on the police have made a warrantless home is not obtained. 67 Noting that the physi- issue of what type of warrant is consti- arrest there will be the possibility of cal entry of the home is the chief evil ­4 tutionally required to enter the prem- endless litigation with respect to the against which the wording of the fourth ises of a third party, there is general existence of exigent circumstances, amendment is directed, and that the agreement that under special circum- whether it was practicable to get a sanctity of private dwellings has tradi- stances, a warrantless entry is justified. warrant, whether the subject was I tionally been afforded the most strin- Therefore, it is also important to exam- about to flee, and the like." 74 gent fourth amendment protection, 68 ine cases dealing with the existence of An exception to the arrest warrant the court wrote: special or "exigent circumstances." requirement of Payton based on cir­ ~ "The sanctity of the home is no cumstances calling for immediate ac- less threatened when the object of tion would be entirely consistent with police entry is the seizure of a the well­established body of fourth person, rather than a thing. A amendment law relating to entry and magistrate's disinterested determi- search of private premises for physical 1 nation that governmental instru- sion is warranted is no less ~ desirable when the policeman's quarry is a suspect, rather than a piece of evidence." 69 I

26 I FBI Law Enforcement Bullelln J evidence. 75 More significantly, the Su• Furthermore, there is no reason to be• rest warrant. The prosecutor called the preme Court has in prior cases validat• lieve that "hot pursuit" is the only situ• detective back and advised him that no ed warrantless entries into private ation which will justify the exception; magistrate was available, but that premises to make arrests when the rather, it is simply an obvious example since a felony was involved, an arrest officers were in "hot pursuit" of a sus• of a circumstance making the need for could be made without a warrant. At pect. 76 In Warden v. Hayden. 77 for ex• immediate action necessary. about 10:20 p.m., the police arrived at ample, an armed robbery had just As noted earlier in Part I of this Dorman's residence. After being ad• taken place and police officers were article, prior to Payton several Federal vised by his mother that he wasn't told that the suspect had been seen and State courts had subscribed to the home, but hearing a noise from within, entering a house less than 5 minutes prinCiple adopted by the Supreme they brushed past the mother and be• earlier. The officers entered the house Court in Payton that a warrant was gan a search for Dorman. He was not without a warrant to search for and necessary to enter a dwelling to make located, but in the course of the search arrest the robber. The Supreme Court a routine arrest. Often, however, these for him, a man's suit similar to one upheld the entry and search as "rea• courts found that the facts of a particu• believed to have been taken by Dor• sonable" under the fourth amendment, lar case justified an exception to this man in the robbery was observed in a stating: general warrant requirement. These closet. The suit was later admitted in "The Fourth Amendment does not decisions offer valuable insight into the evidence, over the objection of the require officers to delay in the factors courts are likely to consider defense. course of an investigation if to do when called upon to determine if the After first recognizing that general• so would gravely endanger their facts support the need for immediate ly an arrest warrant was required to lives or the lives of others. Speed entry without delaying to obtain a war• enter a home to search for a suspect here was essential, and only a rant. to be arrested, the court then consid• thorough search of the house for ered whether the facts of the case persons and weapons could have The Dorman Analysis justified an exception to this require• insured Hayden was the only man The opinion of the U.S. court of ment. It is this portion of the opinion present and that the police had appeals in Dorman v. United States 79 which is of interest to us at this point control of all weapons which could is one of the most comprehensive at• and which bears close examination. have been used against them to tempts to catalog the factors which The court listed the factors bearing on effect an escape." 78 bear upon the existence of exigent the issue as follows: Therefore, it can be predicted with circumstances. In Dorman there was "First, that a grave offense is in• - some degree of certainty that whatever volved, particularly one that is a an armed robbery of a clothing store crime of violence. Contrariwise the the resolution of the question dis• shortly after 6 p.m. on a Friday even• restrictive requirement for a war• cussed previously (what type of war• ing. The robbers bound the employees rant is more likely to be retained, rant is needed for third party premises), and customers, and at gunpoint, forced any warrant requirement imposed will and the need for proceeding with• them to lie on the floor of a backroom recognize an exception for the sort of out a warrant found lacking, when during the robbery. Harold Dorman, emergency situations often referred to the offense is what has been one of the robbers, left some identify• sometimes referred to as one of by courts as "urgent need" or " neces• ing papers in the store which enabled a sitous" or "exigent" circumstances. the 'complacent' crimes, like gam• detective working the case to locate a bling. photograph of him from police depart• ment files. At approximately 8:30 p.m., two of the witnesses made a positive identification of Dorman from the pho• tograph. The detective then called a Federal prosecutor to obtain permis• sion to proceed with the arrest and began preparation of an affidavit to accompany the application for an ar•

September 1980 / 27 ...

"Second, and obviously interrelat• "Another factor to be taken into 6) The entry, though not consent• ed, that the suspect is reasonably account, though it works in more ed to, was made peacefully and after believed to be armed. Delay in than one direction, relates to time announcement of purpose. Regarding ~ arrest of an armed felon may well of entry-whether it is made at the time of entry, the court noted that increase danger to the community night. On the one hand, as we the 4-hour delay was not of the offi• meanwhile, or to the officers at shall later develop, the late hour cers' own making, as they were stead• time of arrest. This consideration may underscore the delay (and ily and systematically engaged in the bears materially on the justification perhaps impracticability) of obtain• identification and pursuit of the sus• for a warrantless entry. ing a warrant, and hence serve to pects. With reference to the time it "Third, that there exists not merely justify proceeding without one. On would have taken the officers to obtain the minimum of probable cause, the other hand, the fact that an a warrant, the court noted that due to that is requisite even when a war• entry is made at night raises par• happenstance, neither the judge regu• rant has been issued, but beyond ticular concern over its reason• larly scheduled for night duty nor the that a clear showing of probable ableness, and may elevate the part-time Federal magistrate was avail• cause, including 'reasonably trust• degree of probable cause re• able at 8:30 p.m. when the officers worthy information,' to believe that quired, both as implicating the sus• needed the warrant. This unusual cir• the suspect committed the crime pect, and as showing that he is in cumstance extended the time period involved. the place entered." (Citations ordinarily necessary to obtain a war• "Fourth, strong reason to believe omitted.) 80 rant considerably, and in the view of that the suspect is in the premises Although not included in the above the court, justified proceeding without a being entered. list of factors in Dorman, the court warrant. The Dorman court found that the "Fifth, a likelihood that the sus• noted that an analysis of the reason• facts and circumstances related above pect will escape if not swiftly ap• ableness of the officers' conduct would constituted the kind of urgent need or prehended. not be complete without considering how long it would have taken for the exigent circumstances that justified the "Sixth, the circumstance that the police to obtain a warrant. entry without a warrant. entry, though not consented, is Applying the above factors to the The Dorman formulation of the made peaceably. Forcible entry situation presented in Dorman, the exigent circumstances issue has re• may in some instances be justi• court found: ceived wide acceptance by both Fed• fied. But the fact that entry was 1) The crime was one of violence; eral and State courts; often the list of not forcible aids in showing rea• 2) There was a reasonable belief factors has been adopted practically sonableness of police attitude and he was armed; verbatim. 82 It is clearly the leading case conduct. The police, by identifying 3) There was a positive identifica• on this point of law. their mission, give the person an tion of Dorman (evidently considered opportunity to surrender himself " reasonably trustworthy information" without a struggle and thus to that he had committed the crime); avoid the invasion of privacy in• 4) There was no special knowl• volved in entry into the home. edge that he was home, " but concepts of probable cause and reasonableness prima facie justify looking for a man at home after 10 p.m. "; 8 1 5) There was some possibility that delay might have allowed an escape• considering the fact that Dorman may have realized that he had left behind papers bearing his name and address; and

28 / FBI Law Enforcement Bulletin ~ Notwithstanding the broad accept• A second criticism of the Dorman two remaining suspects may well have ance of the Dorman approach, it has approach is more fundamental. Some known or surmised that their confeder• I occasionally been criticized by courts legal commentators have suggested ate had been arrested, and hence, might attempt to flee. Also the court ( and legal commentators. Two of these that it is not workable as an everyday criticisms are worthy of brief considera• guide for police officers, " requiring as it commented favorably on the fact that tion, as they make important points does the making of on-the-spot deci• the Agent had consulted with the pros• regarding the application of the Dor• sions by a complicated weighing and ecutor before arresting, and that the man analysis. The first focuses upon balancing of a multitude of imprecise delay was due, in part, to efforts to l the fourth factor in the Dorman list• factors." 86 It is clearly true that there is verify the addresses of the suspects. strong reason to believe the suspect is little certainty in the outcome of the An armed bank robbery was com• in the premises being entered. At least analysis in a case presenting several but mitted shortly before noon in United one Federal appellate court has inter• not all of the listed elements. However, States v. Shye,89 and the getaway car preted this factor as equivalent to most courts seem willing to continue to was found within a couple of hours. "probable cause" to believe the sus• use the Dorman factors at least as The car was parked within 50 yards of pect is within the premises to be guidelines-recognizing that they do not the suspect's apartment. After unsuc• searched and noted that at least with constitute a litmus test or a mathematical cessful attempts for about 1 hour to regard to entry into premises of a third formula for determining the existence of ascertain if anyone was in the apart• party, this is an essential precondition exigent circumstances. 87 ment (by use of a ruse, attempt to get a to entry-not simply one factor to be With the foregoing in mind, it may key from the landlord), the door sud• considered among several others. 83 be helpful to briefly examine several denly opened and officers observed This court was undoubtedly correct in decisions which have directly confront• one of the suspects in the premises. holding that an entry to arrest, with or ed the exigent circumstances issue in An immediate warrantless entry and without a warrant, may only be made the context of entry into private prem• arrest was made. The court was critical when there is reason to believe (prob• ises to arrest. These cases will be of the "conscious avoidance" of the able cause) that the suspect is within divided into two categories-those warrant procedure during the 1-hour the premises. The Payton opinion says where exigent circumstances were delay, but found that the opening and this directly with regard to entry into found to exist and those where they closing of the door was an intervening the suspect's own premises on the were not. and unexpected development giving authority of an arrest warrant. 84 Surely rise to the need for an immediate entry, Exigent Circumstances Present at least as stringent a standard must thus validating the arrest. be applied for entry into premises other In United States v. Campbell, 88 United States v. Bradley 90 arose than those of the suspect. However, three armed men robbed a bank at from a warrantless entry and arrest in a this criticism may be based on a more 10:30 a.m. One suspect was arrested narcotics investigation. Undercover restrictive reading of the term "strong nearby almost immediately; at about 2 agents met the suspects at an apart• reason to believe" than the Dorman p.m. he confessed and identified the ment at approximately 9:20 p.m. and a court intended. Perhaps the strong other two robbers. After verifying the deal was agreed upon. The agents "reason to believe" language was in• addresses of the two suspects and returned to the apartment at 11 :05 p.m. tended to require something more than interviewing witnesses to the robbery, a bare minimum of probable cause for an FBI Agent called an assistant U.S. this factor to be considered as a posi• attorney at approximately 4:15 p.m. tive element in justifying a warrantless and obtained authorization for warrant• less arrests of the suspects. After a entry. 85 brief delay to organize the raids, the two suspects were arrested at approxi• mately 6 p.m. at their respective apart• ments. The court found that the arrests were justified by the need for immedi• ate action, noting particularly that the

September 1980 / 29 "While the courts are split on ... what type of warrant is ... required ... there is general agreement that under special circumstances a warrantless entry is justified." to complete the transaction. Shortly No Exigent Circumstances Present court held that no exigent circum• thereafter, at approximately 11 :35 United States v. Reed92 presents stances were present to excuse the p.m., other agents entered and the a situation where few of the Dorman failure to obtain a warrant. The opinion arrests were made. The court found factors were present. Undercover offi• focused on the 4-hour delay between that the 11 :05 p.m. meeting was not cers had made several purchases of the initial complaint and the arrest and planned until 10:35 p.m. and the identi• narcotics from the suspects over a 3• the failure of the officers to attempt to ty of some of the suspects and location month period. Over 2112 months after obtain a search or arrest warrant dur• of the drugs was not known until the the last contact, agents went to the ing that time. The court considered the 11 :05 p.m. meeting. Delay at that point suspects' apartment without warrants delay as indicating the officers did not to obtain warrants would have likely and arrested them. The court found the believe Houle would attempt to escape permitted the escape of the suspects warrantless arrests improper, noting or destroy evidence. and destruction of the evidence. Exi• there was no recent prior contact and In Commonwealth v. Forde,94 the gent circumstances were found. no suggestion of a change in the status court refused to excuse the obtaining Vance v. North Carolina 91 offers of the investigation which made imme• of warrants, because the exigency an interesting twist, as it deals with a diate action necessary. could have been anticipated by the situation where the police had obtained In contrast to Reed, a much closer officers. After an extended narcotics an arrest warrant which was later held case was presented in United States v. investigation, officers arrested four to be invalid. Two armed men robbed a Houle. 93 There, Bureau of Indian Af• men shortly after they had left an general store; later the same day fairs police received a complaint at apartment known to be the location for Vance was tentatively identified as one approximately 1:50 a.m. from Houle's illegal narcotics transactions. The ar• of the robbers. The following morning wife, indicating her husband had rest occurred at 8:30 p.m . At approxi• an arrest warrant was issued and in the threatened to shoot her and was on his mately 11 :30 p.m., an officer overheard early afternoon Vance was arrested at way to her father's house where she one of the arrestees telling his two I his residence. The warrant was later was staying. The police went to the companions who were about to be ad• declared invalid, as it was not issued father's home and removed the wife mitted to bail that they had " better get by a neutral and detached party. The and her children to the police station at right down to the place and tell them court, applied the Dorman formulation about 2:40 a.m. While at the house, the what has happened because 'I can 't and found a warrantless entry would officers heard two gunshots coming get bailed'." Based upon this, one of have been justified by the circum• from the direction of the suspect's the officers attempted to contact a stances, thereby upholding the arrest. nearby home. Meanwhile, Houle called magistrate to obtain warrants, but was The court noted that the fact that a the police department warning them to unsuccessful in reaching one. At ap• warrant was actually obtained weak• stay away from his house until morning proximately 11 :45 p.m., the officers ened the exigent circumstances argu• and that he would shoot any officer proceeded to the apartment, knocked ment, as it indicated there was, in fact, who came into his yard . The officers on the door, and arrested all the occu• time to obtain a warrant. Nevertheless, decided to delay any action until morn• pants. The court held the warrantless the court said it would be inappropriate ing. At 6:30 a.m. , they went to the to invalidate an otherwise lawful arrest house, without a warrant, to arrest him. because the officers were more cau• Houle was asleep and had a rifle lying tious than required. on a nearby chair. The officers were able to reach in through a broken win• dow and retrieve the weapon without waking him. They then kicked open the door, entered, and arrested him. The

30 / FBI Law Enforcement Bullelln t Footnotes " Fisherv. Voltz, 496 F. 2d 333 (3d Cir. 1974). entry and arrests illegal. The court ac- " Payton, supra note 47, at 660­61 and 669 n. 13. knowledged that the overheard con- "63 L.Ed. 2d 639 (1980). ..Dorman V. United States, supra note 79, at 393. versation gave the police strong " Id. at 660­61. " W. La Fave, Search and Seizure­A Treatise on the " Id. Fourth Amendment, Vol. 2, Section 6.1 at 390; Note, 1978 reason to believe the occupants of the " Id. U. III. L.F. 655, 678. " See. e.g., Wallace v. King, docket no. 78­1399 (4th " E.g., State V. Page, supra note 82, at 118. apartment would be alerted and hence Cir. 7/1/80); UnitedStatesv. Williams, 612 F. 2d 735 (3d .. United States V. Campbell. supra note 82. escape or destroy any evidence. How- Cir. 1979), cert denied, 100 S. Ct. 1328 (1980); United " United States V. Shye, supra note 82; see also States V. Prescott, 581 F. 2d 1343 (9th Cir. 1978); State V. United States v. Lindsay, supra note 82, for a similar ever, the court noted that 3 hours had Jones, 274 NW. 2d 273 (Iowa 1979); Rotenberg and Situation. elapsed between the time of the first Tanzer, Searching for the Person to be Seized, 35 Ohio St. .. United States V. Bradley, supra note 82. L.J. 56 (1974); Note, The Neglected Fourth Amendment .. Vance v. North Carolina, supra note 82. arrest and the overheard conversation, Problem in Arrest Entries, 23 Stan. L. Rev. 995 (1971). " Umted States V. Reed. supra note 82. " 63 L.Ed. 2d at 661 . " 603 F. 2d 1297 (8th Cir. 1979). during which time the police could " Id. at 660. .. Commonwealth V. Forde, supra note 82. have foreseen the serious risk that one .. 606 F. 2d 540 (5th Cir. 1979). " For example, in both Houle, supra note 93, and " Id. at 544­ 545. Other courts reaching a similar result Forde, supra note 82, the courts thought it was of of those arrested would be released include: Umled States V. Harper, 550 F. 2d 610 (tOth Cir. controlling significance that the officers made no attempt and warn others. As no explanation t977), cert. denied. 434 U.S. 837 (1977); UnitedStatesv. to obtain warrants in the few hours immediately preceding Brown, 467 F. 2d 419 (D.C. Cir. 1972); Statev. Platten, 594 the entries. The court in Shye, supra note 82, also found was offered by the State for the failure P.2d 201 (Kan. 1979). that there was a " conscious attempt to avoid" the warrant to attempt to obtain a warrant during " 379 F. 2d 259 (6th Cir. t967). procedure. Nevertheless, that court allowed an eXigency " Id. at 262­63. that arose after the delay to excuse the failure to obtain a this time, the court held this was fatal ..605 P.2d 646 (Oregon 1980). warrant. " Id. at 650. Likewise, simIlar facts may be interpreted differently to any claim of exigency. "' Id. at 651 . by two courts. Note the contrast between how the courts in Sl Id. the Campbell. supra note 82, and Houle, supra note 93, Summary " 612 F. 2d 735 (3d Cir. 1979). cases viewed the delay of a few hours prior to the arrests. " Id. at 738. The Campbell court regarded the delay as reasonable, Unfortunately, an analysis of " Id. at 739. commenting that it reflected a commendable concern by " The court wrote: "We believe that the case in the officers to insure the address to be entered was cases dealing with the question of exi- support of the conclusion that exigent circumstances correct. On the other hand, in Houle the court viewed lhe gent circumstances yields few general existed which justified the warrantless entry of the private delay as indicative of the fact the police were not residence for the purpose of effectuating the arrest therein concerned that the suspect might escape­although it principles and demonstrates the diffi- is thin, but, nevertheless, sufficient to satiSfy the fleeing - could just as logically been characterized as an attempt to suspect criteria. For, while subsequent events indicated avoid a violent nighttime confrontation. culty of predicting how a court will that the police officers had sufficient time and opportunity interpret a particular factual situation. 95 to obtain a search warrant. . .." Id. (Emphasis added). " 581 F. 2d 1343 (9th Cir. 1978). Accordingly, until the courts pro- " Id. at 1350. vide clearer guidance on this issue, it " Id. at 1349. H id. seems prudent to limit warrantless en- 10 United States V. Watson, 423 U.S. 411 (1976). tries to arrest to those rapidly unfolding " Payton, supra note 47, at 648­49. " Id. at 644. situations where delay would pose a " Id. at 653. " Id. at 661 . (Juslice White, joined by Chief Justice substantial risk of escape, loss of evi- Burger and Justice Rehnquist, dissenting.) dence, or increased danger of injury. " Kerv . California, 374 U.S. 23 (1963). (Warrantless and unannounced entry and search justified by the need to FBI prevent imminent destruction of evidence); Michigan v. Tyler, 436 U.S. 499 (1978) (Entry inlo premises to fight a fire and re­entry to search for the cause of the fire for a reasonable time was justified by continuing emergency). " Wardenv. Hayden, 387 U.S. 294 (1967); United States V. Santana, 427 U.S. 38 (1976). " Warden V. Hayden, supra note 76. " Id. at 298­99. " 435 F. 2d 385 (D.C. Cir. 1970). " Id. at 392­93. " Id. at 393 . .. United States V. Reed. 572 F. 2d 412 (2d Cir. 1978), cert. denied. 439 U.S. 913; UnitedStatesv. Campbell. 581 F. 2d 22 (2d Cir. 1978); United States V. Williams, supra note 51 , (Applied the Dorman analysis to determine if search warrant should have been obtained prior 10 entry into third party premises to execute an arrest warrant); Vance v. North Carolina, 432 F. 2d 984 (4th Cir. 1970); United States V. Bradley, 455 F. 2d 1181 (1 st Cir. 1972); United States v. Shye, 492 F. 2d 886 (6th Cir. 1974); Commonwealth V. Forde, 329 N.E. 2d 717 (Mass. 1975); United States V. Lindsay, 506 F. 2d 166 (D.C. Cir. 1974); State V. Page, 277 N.W. 2d 112 (N.D. 1979).

September 1960 / 31 RBYTHE ~1BI • ~

Photographs taken 1972.

David Elliott Houstle Description Caution David Elliott Houstle. also known Age ...... 40. born March 5. Houstle has been known to carry a as Walter Fein. Heinrich Gunther. 1940. Baltimore. Md. weapon in the past and should be considered armed and dangerous. Kevin J. Hayworth. David Henderson. Height ...... 6·. Dave Hostel. David Hostel. Ralph J. Weight ...... 180 pounds. Kueppers. Mike Malone. Peter Mitchell. Build ...... Medium. Notify the FBI George R. Morrison. Bret Peterson. Hair ...... Red (balding). Any person having information Robert A. Rockford. Brian K. Singleton. Eyes ...... Hazel. which might assist in locating this fugi- Raymond Steen. and others. Complexion ...... Fair. tive is requested to notify immediately Race ...... white. the Director of the Federal Bureau of Wanted for: Nationality ...... American. Investigation. U.S. Department of Jus- Interstate transportation of obscene Occupations ...... Photographer. mail tice. Washington. D.C. 20535. or the matter; Interstate transportation in order business. Special Agent in Charge of the nearest aid of racketeering­Pornography; Remarks ...... Wears red mus- FBI field office. the telephone number Conspiracy. tache; reportedly a of which appears on the first page of homosexual; may most local directories. The Crime have suicidal ten- Houstle is being sought by the FBI dencies. in connection with the production. Social Security processing. and distribution of child No. Used ...... 165­32­5447 pornography films. FBI No ...... 37 239 E. A Federal warrant was issued for 1 his arrest on May 3. 1978. at Baltimore. Classification Data: I Md. NCIC Classification: PITI101716P064091316 Criminal Record Fingerprint Classification: Right ring fingerprint. Houstle has been convicted of 10 I 5 T 10 16 grand larceny. : o 17 R 011

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

Complete this form and return to: Name

Director Title Federal Bureau of

Investigation Address Washington, D.C. 20535

City State Zip

Shoes Contain Contraband

In the Pierce County jail in Tacoma, Wash., U.S. Marshals discovered the following items in the inner compartments of a prisoner's rubber soled shoes: Two razor blades, five double­edged razor heads, one fingernail clipper file and liner, one handcuff key fabricated from a double• edged razor, and six small metal tubes containing a black paint-like substance. Alert law enforcement officers undoubtedly thwarted another escape attempt when they discovered this hidden material in the possession of a prisoner who had a record of escapes. 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.5.MAIL _____®, 4

Washington, D.G. 20535

..

Questionable Pattern In the Identification Division of the FBI , this questionable pattern is given the preferred classification of a tented arch referenced to a loop of one ridge count.