roy,­,•....:;;;u 1972

ENFORCEMENT BULLETIN

F"'EDERAL BUREAU OF INVESTIGATION UNITE[) STATES DEPARTMENT OF JUSTICE OCTOBER 1972

VOL. 41 NO. 10

THE COVER-Pictured are a New Orleans Har· bor Patrol Department officer and patrol boat assigned to the U.8.S. Lexington. See article - beginning on page 18. LAW ENFORCEMENT- BULLETIN CONTENTS

Message From the Acting Director 1

My Uniformed Parish, by Rev. R. Joseph Dooley, Chaplain, Metropolitan Police Department, Washington, D.C. 3

Narcotics Detector Dogs, by Maj. Holley D. Bradley, United States Army (Part II) 8

Progress of Automation and Other Phases of Finger. print Identification, by L. M. Walters, Assistant Director, Identification Division, Federal Bureau of Investigation, Washington, D.C. 12

The Futility of Aircraft Hijacking 16

Policing the Waterfront, by Louis H. Deutschmann, Published by the Superintendent, Harbor Police Department, New FEDERAL BUREAU OF INVESTIGATION Orleans, La. . 18 UNITED STATES DEPARTMENT OF JUSTICE Searches by Private Persons, by John /. Burke, 20535 Washington, D.C. Special Agent, Federal Bureau of Investigation, Washington, D.C. 22

Wanted by the FBI 32 MESSAGE FROM THE

ACTI NG 01 RECTOR • • •

. . . To All Law Enforcement Officials

There are few uglier crimes than taking a hijacker's mind that he will be confronted by hostage for criminal gain. When such criminal an outraged society which will demand swift acts manifest themselves in passenger aircraft justice. hijackings, as they have substantially in recent years, there is an urgent need for a united and As with any crime, there is no sure method of • redoubled effort to rid the Nation's airways of preventing aircraft hijacking. Obviously, the the predators who would commit these crimes. most effective countermeasures possible lie in preventing the hijacker from gaining access to Intimidating as many as several hundred inno- the aircraft. Through the cooperation of the air- cent men, women, and children at a time is a line industry and the Federal Aviation Admin- grave, terroristic act which no society concerned istration, screening of boarding passengers is with its ultimate welfare can long tolerate. With increasingly being practiced on major airline an estimated 14,000 scheduled airline flights a routes throughout the country. Intensification of . day and an average of one·half million daily this detection program together with the ex- passengers in the United States alone, the threat panded use of sophisticated equipment to detect of hijacking imperils a huge segment of the weapons carried by passengers on their persons traveling public and seriously obstructs one of and in their luggage offers much promise as a the Nation's most vital arteries of commerce. future deterrent to hijackings. Today's aircraft requires the highest order of While hijackings are troublesome to authori- skills for its successful operation. To threaten the ties, they have proved to be much more dis- safety of it and its infinitely more valuable cargo tressing to a great majority of their perpetrators. of human life is a crime of monstrous propor- Well over 90 percent of all hijackers during the tions. The desperate individuals who commit period January 1, 1968, to August 25,1972, have these crimes must be dealt with sternly. Punish- been identified. In all but one hijacking in which ment should leave no doubt in any potential money was obtained either the hijacker had been MESSAGE

apprehended or his ransom denied him. Five The tragedy inherent in aircraft hijackings re• hijackers have been killed in the commission of quires that this crime be given the most deter• mined and vigorous law enforcement response. their crime, six more have been wounded, and The combined efforts of the FBI, other Federal three others chose suicide. Considering that a agencies, the airline industry, local law enforce• few more than 200 persons have been involved in ment, the courts, and the public will resolutely the crime, the statistics prove that hijacking ranks demonstrate the increasing folly of aircraft with the most futile of criminal enterprises. hijackings.

1. PATRICK GRAY, III OCTOBER 1, 1972 Acting Director THE POLICE CHAPLAIN­

My Uniformed Parish By REV. R. JOSEPH DOOLEY* Chaplain, Metropolitan Police Department, Washington, D.C.

"The dedicated chaplain stands ready to extend a helping hand--whether it is to offer comfort to those distressed by the death or injury of a loved one or to neutralize the corrosive bitterness and frustration of those who cannot understand 'why?' "

I t usually begins with a phone call being transported, a sketchy account from police communications, ·"Police of the location, and circumstances sur- officer has been sho~ Father." Your rounding the tragedy. Most of the

-Born in Washington. D.C., Father Dooley received day's work, you thought, was done. It time his religion remains unknown his early education there before entering St. Charlea is probably late at n i ght, and just as until you reach the hospital­and, College, Catonsville, Md., to begin atudies for the priesthood which he continued at St. Mary's Seminary. likely as not, you are already in bed. even then, you administer the Last Baltimore, Md. Ordained in 1960, Father Dooley has You ask the lieutenant in communica· Rites of the Church conditionally he· , served as a police chaplain since 1963 and einee 1968 has been the only Catholic chaplain to the Metropoli. tions a few questions" but he has only cause no one knows. tan Police Department, the Executive Protective Serv- a few of the particulars. You are given From officials at the hospital, you ice, the U.S. Park Police, and the District of Colum- bia. Fire Department. He also serves a. chaplain of the officer's name and unit to which he get the officer's home address, wife's the International Conference of Police Associationl. is assigned, the hospi tal to which he is name, and whether or not there are

October 1972 3 did you ever get involved with the po• lice?" "What is a police chaplain?" How frequently I have heard these questions--but the answers are not too easily given. The police chaplain must earn the respect and confidence of the police officer. In most United States and Canadian communities, police chap• lain is an honorary and voluntary position. In former years as well as today, some police chaplains are names on a piece of paper who have done little to serve every man and woman on the force. Then, too, some police officers are skeptical of the clergy in general, for they have seen too many "do-gooders" who, in any kind of confrontation, prejudge the Father Dooley (right! swaps experiences with members of homicide squad. police as always in the wrong. There• fore, the clergyman can usually deter• any children or close relatives. You lain-to be with his men and women mine by his own actions, or lack of arrange to go with an official of the whenever and wherever they may need them, the value of the police department to a quiet neighborhood him. chaplaincy. consisting of long rows of single As Catholic Chaplain of the Metro• In 1968 the National Association of family dwellings. You ring the bell and politan Police Department of Wash• of Police Chaplains was organized in all at once you are alone with a ington, D.C., since 1963, my "uni• this country. In its statement of policy, woman who is about to have the formed parish" consists of the 5,100 it declared: "The National Associa• bottom drop out of her world. members of the Metropolitan Police tion of Police Chaplains believes that And so your day or night be• Department, the 800 Executive Protec• America's police face the most serious gins.... tive Service officers (formerly the spiritual drain of any work force in• On call 24 hours a day and never White House Police), and the 461 side America today. We, therefore, knowing where the next, and often members of the U.S. Park Police, as recognize the need for police chap• urgent, summons will take him, the well as the retired personnel from lains in every department as a way police chaplain stands ready to re• these forces. I am also assigned as an of providing spiritual help, guidance, spond. The key word is "service," and assistant pastor at St. Patrick's counseling and highest moral, ethical chaplains pride themselves on the fact Church in downtown Washington. As and professional standards of con• that they respond any time, day or with the majority of police chaplains duct." 1 night, when a police officer is seriously across the country, I am part time and Law and Order magazine in July injured or sorpe other serious incident not salaried by the police department. 1969 conducted a survey of police de• occurs in the city. "Presence" becomes "What does a police department partments in an attempt to define the a very important thing to the chap• need with chaplains, anyway?" "How role of chaplains. The periodical re• ceived some 1,564 replies to its ques• tionnaire and discovered that the sta• tus and use of the chaplains varied "The key word is 'service,' and chaplains pride themselves greatly. Here is a sampling of some on the fact thaI they respond any time, day or night, when a of the replies: "The police chaplains police officer is seriously injured or some other serious incident have indirectly and directly been a occurs. ... 'Presence' becomes a very important thing to the great assistance to our depart• chaplain-to be lvi,h his men and women whenever and ment" . . . "I have worked with wherever they may need him." chaplains and found them quite use• ful and understanding of our prob-

4 FBI Law Enforcement Bulletin lems" ... "More ministers should get involved in our work, we deal with the very problems they should be working on" ... "All departments regardless of size should have some• one available that is qualified to serve as chaplain, volunteer or other• wise" . . . "Who needs one?" 2 As the late J. Edgar Hoover, dis• tinguished former Director of the Fed• eral Bureau of Investigation, said in this publication on August 1, 1971, "Since law enft>rcement represents the government's first line of defense against violence and disorder, police officers become the immediate enemy of those who want to rule by mob ac• tion. Some groups circulate oral and written instructions on how to injure and kill police. Thus, it is not surpris• ing that more and more officers are being slain." 8 The reports from around the coun• try of police officers being ambushed and ruthlessly gunned down are hor• rifying. Is it any wonder that police officers are expressing angry bewilder• ment, frustration, and bitterness? Or that police families are filled with fear, apprehension, and anxiety for those going on duty? These reports bring home very vividly the need for police chaplains. All police officers and their families Having listened empathically to a problem, the chaplain counsels a policewoman on patrol.

The police chaplain checks in with headquarters to leam the location of his next call. must now draw on inner strengths and faith in an effort to maintain proper decorum and retain their per• spectives. Each must, of course, work out the problem in his own way. Many are, however, turning to the chaplains for solace and guidance. The dedicated chaplain stands ready to extend a helping hand• whether it is to offer comfort to those distressed by the death or injury of a loved one or to neutralize the cor• rosive bitterness and frustration of those who cannot understand "why?"

5 Because he understands the feelings participate in the annual Police and and problems of those he serves, the Fire Memorial Service, held at the chaplain can be most helpful in guid• close of Police Week, in memory of ing those who turn to him for help the deceased members of the forces through these unsettled times. He can, who have died since the previous May. and does, provide an invaluable serv• Catholic officers journey to Loyola ice to the police department. Retreat House each October for their Chaplains have functioned in the annual retreat under the direction of Metropolitan Police Department for the Jesuit Fathers . . These organiza• the past 38 years. Chief Jerry V. Wil• tions also sponsor dances, picnics, son has enhanced the chaplain pro• crab feasts, and other social events gram during his tenure as chief by during the year. encouraging and approving a chap• The chaplain is not a law enforce· lain's handbook. The opening state• ment officer, but a man of God, duly ment of the handbook reads: "Today ordained-an approved and experi• perhaps more than ever in the history enced representative of his denomina• Chief Jerry V. Wilson of Police Departments, the need for tion. His responsibility is to assist all religious guidance and assistance officers upon request on matters offered to police officers is greater and breakfast annually on Father's Day. within the chaplain's realm. more demanding." 4 In an effort to These religious functions bring to• A police chaplain's duties are simi• provide a closer relationship between gether as man y as 800 officers and lar to those of a military chaplain• the chaplain and the department, Chief their families in a meaningful and a man who is always there when the Wilson has equipped the chaplains deeply spiritual experience. Members, officers and their families need him. with two-way radios for their private together with men in their respective How does one train for this work? automobiles and made office space districts, also attend wakes to pray Again, there is no easy answer. One available in a police facility for the for Lheir deceased comrades, both ac• does not train for it, he learns by chaplain's office. tive and retired. The three chaplains doing. To the author's knowledge, Three chaplains, a Protestant min• ister, a Jewish rabbi, and a Catholic priest, representing the major faiths in the United States, are constantly available to give assistance and guid• ance to all personnel from recruitment through retirement. Their services help provide the moral fiber needed to strengthen police officers in the dis• charge of their duties. They are re• sponsible for the organization and development of the three religious societies in the department: the Police and Firemen's Protestant Society, the Shomrim Society, and the Catholic Police and Firemen's Society. These religious organizations spon• sor memorial services and religious activities during the year. Members of the Catholic Police and Firemen's Society have their annual Communion Mass and breakfast each year on Mother's Day-the beginning of Police Week. The Police and Fire• The three chaplains of the Metropolitan Pollee Department lIeft to rightl, Rabbi Morris Gordon, Father Dooley, and Dr. W. Kenneth lyons, aHended the recent dedication of a new men's Protestant Society has a prayer department helicopter.

6 FBI Law Enforcement Bulletin . there is no police chaplain training course available anywhere in the United States or Canada. The clergy• man's previous education helps him, but there is no substitute for actual experience in this special type of apostolate. The chaplain, very early in his career, has the unique opportunity to see men as they really are and in that sense gets a deeper understanding of • human nature. To see a person's reac• tion as he is approached by a police officer, to see one who is caught in the web of crime, or to hear people say things that they would not normally say in the presence of a clergyman• these are perhaps things that some clergymen never experience. Yes, the chaplain is there in times of A hospitalized detective is offered a word of encouragement. need. Just as a pastor cannot serve his people unless he is one of them, neither can the police chaplain serve the department unless he is a part of the police team. He cannot wait for the "_ • . the police chaplain • • . is a part of the police men and women to come to him. The team. He cannot wait for the men and women to come to police chaplain must go to them. He him. The police chaplain must go to them. He must meet must meet those who need his services those who need his services wherever they may be. . . ." wherever they may be--at the station house or in a scout car or cruiser, at the scene of a disturbance or disaster, in the hallway or office, or at social functions. Unless the chaplain is In a reenactment from a scene all too common to the police chaplain, the Last Rites are ad• known, he cannot be a spiritual leader. ministered conditionally to a felled officer. Unless he understands the trials and difficulties of the members of the force, the chaplain cannot be effective. Washington, D.C., is a city of some 750,000 residents with 17 million visi• tors a year. The buildings and streets of our ation's Capital play host to thousands of persons. They range from tourists coming to see the many historical monuments to masses of protesters engaged in peaceful and non peaceful activities. In the last few years the Metropolitan Police Depart• ment has established an outstanding record in dealing with numerous demonstrations in all ranges and com· binations-Iarge and small, peaceful (Continued on page 26)

October 1972 7 Dogging Drugs--

Narcotics Thi is the conclusion of a two• part article. Part I appeared in the Septemher issue. Detector

Dogs PART II

Canines with the ability to detect narcotics are not a panacea for the drug offenses confronting many law enforcement agencies. They are, how• ever, with proper selection, training, and han• dling, a valuable enforcement tool in assignments that justify the economics of their need and the legality of their use.

U nder certain circumstances, nar• cotics dog teams will materially By assist police agencies in whose juris• diction there is a serious drug abuse MAJ. HOLLEY D. BRADLEY. problem. This is especially true in United States Army locations adjacent to international boundaries, seaports, and terminal facilities where a lucrative opportu·

-Major Bradley, a career military police officer, i. nity for smuggling exists. currently len'ing with. criminal investigation unit in Generally, narcotics dog teams are the Republic of Vietnam. Prior to hil current ...igo. ment, he was Chief, Military Police Committee, Canine most advantageously employed under Traiuing Group, U.S. Army Military Police School. circumstances associated with screen• Fort Gordon, Ca. A member of the U.S. Police Canine Aaaociation, Major Bradley trains dogl profeuionally. ing and search operations. Their in· He i. a graduate of the U.S. Army Command and herent capabilities are more fully Ceneral Stal! Colle,., and the Royal Canadian Mounted Police College. He abo hold•• B.A. decree exploitable in this form of endeavor in hiltory from the Univeraity of Oklahoma and an than when utilized in on·the·street en• M.S. degree in police administration from Michi,an State University, forcement techniques or undercover

8 FBI Law Enforcement Bulletin situations. Actually, however, meth. ods of using dogs are sufficiently flex. "Normally, . • • dogs specializing in narcotics work are ible so that they may be tailored to economical only if they are used daily in conjunction meet individual problem areas. In the with narco~ics suppression operations and if legal param• final analysis, situations in which dogs eters are sufficiently broad to permit full exploitation of may be used are limited mostly their capabilities." by the imagination of enforcement officials. Experience indicates that narcotics dogs greatly expedite screening and as well as on the actual substance. voted to narcotics detection, a spe· inspection procedures, while at the This capability allows law enforce· cialty dog is justified. Otherwise, the same time increase the probability of ment personnel to identify suspected multiskills of a police dog would be success. For example, with a narcotics users or smugglers and place them unavailable to the patrol force when detector dog, it takes an officer ap. under surveillance until more tangi. they were needed for tracking, build· proximately 1l1z minutes to inspect a ble physical evidence is developed. ing searches, or other similar tasks. If vehicle, 7 minutes to screen 125 pack. Finally, the mere presence of nar· it is anticipated that narcotics detec• ages, and 3 minutes to check 50 boxes cotics detector dog teams has a tre· tion skills will be used only periodi· and suitcases. Screening operations of mendous psycholog ical impact upon cally, then cross·training is the best this nature conducted in the same time users and sellers of i llicit drugs. Often solution. On this basis the animal can frame without the use of a dog would this psychological impact alone will be used daily to perform other essen· be highly perfunctory in nature and reduce the frequency of drug abuse tial tasks and can remain on standby stand only a very limited chance of incidents. for narcotics work. success. Under conditions where optimum Although a high degree of initiative Specialist or Generalist? effectiveness is required, a specialty is required in order to optimize utili. dog is highly desirable, especially if it zation of dog teams, they must always Should dogs be allowed to specialize must detect several types of narcotics. be employed within the constraints in narcotics detection work or must A small department, or one that has imposed by law. Furthermore, to be they possess other _ skills in order to no existing canine program, might, of effective, there must be a significant earn their keep? The answer to that necessity, elect to procure a specialty narcotics incident rate in the juris· question depends Upon those circum. animal. Normally, though, dogs diction to which the team is assigned. stances that are unique to each de• specializing in narcotics work are DelSpite a team's technical proficiency, partment. Are suffic ient personnel reo economical only if they are used daily it cannot locate illicit narcotics where sources available t o allow specializa. in conjunction with narcotics suppres· none exist. tion? What is the :narcotics incident sion operations and if legal paramo In drug suppression operations, rate and what type of abuse is most eters are sufficiently broad to permit narcotics detector dog teams signifi. prevalent? How f r equently will the full exploitation of their capabilities. cantly increase the capability of the animal be used? U nder what condi• The U.S. Bureau of Customs is an ex• police to detect hidden narcotics duro tions? Does the d e partment already ample of the type of agency that can ing raids and searches conducted pur. have an effective police dog program? best utilize specialty animals. suant to a warrant. They may also These are just a fe"\1\7 of the considera· assist customs inspectors in screening tions that will affect the decision Capabilities parcels, luggage, mail, and vehicles whether to cross· train or specialize. for the presence of narcotics. A high Generally speak:iDg, cross.training Few people will dispute the fact that degree of success, moreover, has been can be highly effecti:-ve if a department dogs have a phenomenal ability to dis• achieved in screening public areas to already has a police dog program. criminate scent. Until fairly recent identify users, sellers, or locations This is especially true if their training years, though, the extent of that ability used to secrete narcotics. Information includes "nose worl<" such as article was based largely upon a combination gained from such screening opera. seeks and tracking. nimals proficient of old wives' tales and crude estimates. tions provides a valuable source of in these skills are easily trained to Modern scientific studies, however, police intelligence data. This is pos. detect narcotics. T h e next issue con. have done much to dispel myth and sible because trained detector animals cerns frequency of use. If a major quantify canine capabilities in the area alert on trace odors left by narcotics portion of each wor kday is to be de· of olfaction, so much so, in fact, that

October 1972 9 scientific inquiry into the realm of olfaction has hecome a discipline in itself. Although total consensus within the scientific community does not exist, certain facts are fairly well accepted and for the layman they do much to explain the dog's capabilities as a biosensor. Essentially they may be summarized as follows: 1. The dog is a more sophisti. cated sensing device than is commonly imagi!led. 2. Its ability to discriminate scent is based primarily upon three factors: a. An efficient system for getting large amounts of A narcotics detector dog team screens mail while searching for illicit narcotics during followup air to the sensitive area training. of the nose. b. An olfactory area that is sensitive to a broad spec· information in this area is not yet dogs competent biosensors. First, they trum of sensations. available, dog trainers can await its must be taught to recognize the spe- c. A brain that is well publication with anticipation. cific scent of a particular narcotic. equipped to register, reo To a dog, its whole world must be Then they must be conditioned to alter tain, and interpret the a vast panorama of scent. Itis so much their normal behavior pattern in a data its nose brings it. so, in fact, that some experts claim that clearly discernible manner when that 3. The composition of scent a dog can virtually see with its nose. particular scent is discovered. This is is basically molecular in This is not literally true, of course, a painstaking process because the dog structure. but the fact remains that the dog uses must be able to discriminate the scent its olfactory sense much more effec- of the narcotic even though attempts 4. The strength of a particular tively than does man. For this reason, have been made to mask that scent scent can be evaluated in two statistical comparisons between hu· with a strong, persistent foreign odor ways: man and canine olfactory acuity is such as perfume, gasoline, or formal- a. A low threshold of largely meaningless. This is true de- dehyde. Dogs must also be trained not identification. spite the fact that on some odors dogs to alert on items that have a similar, b. A rapid increase in the can detect concentrations of scent that but not identical, scent to that of the strength of the smell are a million times lower than that narcotic for which they are searching. once the threshold has discernible by humans. Artificial dis tractors are items that been passed. This unique alibity to discriminate have an odor so similar to the nar- Scientific researchers are deeply in· scent is what makes dogs so effective cotic that the dog might alert falsely volved in studying canine olfaction as as narcotics detectors. Despite their when it perceives that scent. Oregano, it relates to detecting narcotics and natural ability, however, extensive alfalfa, parsley, and certain spices are explosives. An examination of odor training is required in order to make examples of artificial distractors that profiles is but one of many areas they are considering that will expand the capabilities of narcotics detector dogs. By identifying certain substances, if "It is not unreasonable to expect an average narcotics any, that are common to most forms dog to detect the presence of one.half ounce of marihuana of narcotics, training could be expe- in a t'ehicle, a package, or an item of luggage, even though dited and technical proficiency sig- reasonalJle attempts have been made to mask its odor." nificantly enhanced. While definitive

10 FBI law Enforcement Bulletin and opium. Also, no deliberate at- o The length of time the narcotic has " ••• on some odors tempts were made to mask the scent, been hidden. dogs can detect concentra• and the heroin was undiluted by ad- o The manner in which the narcotic tions of scent that are a ditives of the type usually found in is packaged and concealed. million times lower than that heroin in the illegal drug market. discernible by humans." The dogs used in the heroin experi- o The nature of the area to be ment were highly proficient at detect- searched. ing marihuana before experimental o The number of distractions present training commenced, and there has in the search area. might confuse a dog trained to detect been no loss of effectiveness in detect- marihuana. Certainly, any substance ing marihuana subsequent to cross- o The temperature and other climatic containing acetic acid might confuse training with heroin. In fact, with one conditions that affect a dog's will- a dog that is searching for heroin. of the dogs, its proficiency actually ingness or ability to work. With adequate training, however, increased. While much remains to be o The quality of training the animal most dogs learn to totally disregard done in documenting the effectiveness received. artificial distractors. They also de- of heroin detector dogs under the velop an amazing aptitude for detect- exigencies of field service, the ability o The attitude and physical well­being ing narcotics even though the criminal to train them is well established. The of the dog handler. has made a concerted effort to hide principal concern now is determining o The tendency of some handlers to that scent from the dog. the type and amount of heroin a dog It is not unreasonable to expect an should be trained to detect. attempt to rationalize the legitimacy average narcotics dog to detect the of a given situation subsequent to presence of one­half ounce of mari- Limitations a positive alert by his dog. huana in a vehicle, a package, or an No sensing device, regardless of Despite a rather lengthy list of item of luggage, even though reason- how sophisticated it may be, is 100 limiting factors, a well­trained nar- able attempts have been made to mask percent effective. This is certainly cotics detector dog team is capable of its odor. They should be able to ac- true with narcotics detector dogs. working quite effectively under a complish the same thing in a room Generally speaking, their operational myriad of challenging operational of reasonable size. Of course, many effectiveness is limited by the follow· conditions. It is essential, however, variables must be taken into con- ing considerations: that police administrators understand sideration when conducting room • The type of narcotic for which the the conditions that will limit a nar- searches. Obviously, the more mari- cotics dog's effectiveness and plan ac- huana there is, the easier it will be to dog is searching and the amount involved. (Continued on page 28) detect. A high degree of proficiency can also be expected when cross­train- ing dogs to detect opium. After alerting on a closed baggage locker in a crowded bus terminal, a dog alerts on a Heroin is another matter entirely, briefcase containing a training packet which holds 800 milligrams of heroin. and to date little definitive informa- tion has been amassed concerning a dog's effectiveness in detecting it. Cer- tainly, dogs can be trained to detect heroin without fear of becoming ad- dicted to it. During experimental training at the U.S. Army Military Police School, dogs have detected as little as 200 milligrams of heroin hidden in rooms, envelopes, luggage, and vehicles. Extremely detailed search techniques are required, how- ever, since the dog's alert is signifi- cantly less noticeable when encount- ering heroin than it is for marihuana

October 1972 PROGRESS OF AUTOMATION AND OTHER PHASES OF FI NGERPRI NT I DENTI FICATION*

Scanner

"All of the problems and challenges that face First, to acquaint you with where we stand on the development of a us today, not only in the identification field but fingerprint scanner, you will recall across the whole spectrum of law enforcement, that this time last year I presented demand that we act in concert to meet them." schematic drawings on slides of the prototype scanner system for which we had contracted. By way of back- ground, this is­ a complete system for automatically reading, classifying, and searching fingerprints with a flying·spot scanner, a semiautomatic card­feeding device, and a small gen- eral purpose computer that performs Again it has been both a profes· control and data recording tasks. I sionally rewarding and personally had hoped to be able to tell you this pleasurable experience to be spending year that the system was set up and the full time with you here at the humming along in a test mode in our annual conference. Our new Acting Identification Building in Washing- Director, L. Patrick Gray, III, asked ton. I cannot quite report that, be- me to convey to you his warm- cause of the inevitable slippages in a est wishes for an educational, produc- complex construction of this type tive, and successful conference and which have resulted in about a 2- that he looks forward to the oppor- month delay in delivery. These slip- tunity of meeting personally with you pages are inevitable because the at a future conference. As my topic equipment is the first of its kind; and suggests, I shall be dealing with a the contractor, Cornell Aeronautical number of subjects in this time period Laboratory of Buffalo, N.Y., is liter- By to bring everyone current not only ally inventing as it goes to enhance L. M. WALTERS on where we stand in our efforts to and improve the final product. Assista nt Director, automate the identification functions The system has been built, however, Identification Divisio n, but in other areas of national policy and is set up at Cornell's Laboratory Federal Bureau of Investigation, and legislative considerations pend- for final testing and acceptance be- Washington, D.C. ing which affect all of us in the field of fore it is crated up for shipping to us later this month. It is reading and . Thi. wu an address given b y Anistant Director identification­ one of the most vital Walters before the 57th Annual Educational Con- and significant fields in the law en- storing test fin gerprint cards at the ference of the International Auociation for identi- rate of approximately 5 seconds per fica tion in Milwaukee, Wit., on Augult 2, 1972. forcement profession.

12 FBI Law Enforcement Bulletin card. Also, the scientists at the Na· gically located throughout regions of located as it moves through the vari• tional Bureau of Standards who have the country so a distant law enforce• ous processing steps to final answer been working with us since the in· ment agency can extract characteris• and storage of the information ception of this research project have tics from a fingerprint card, transmit collected. developed an automatic fingerprint them over National Crime Informa• registration program to go along with tion Center (NCIC) communications Name Index previously developed matching pro• lines to the Identification Division, grams and, in June 1972, published search our massive files, and obtain Within the next few months, we will a description of it. Also included in the results of the search with no hu• begin to build a computerized name their published technical note was the man intervention. index to eventually supplant our pres• description of a method for manually ent manual card index name file sys• positioning a fingerprint under a su• Other Automation Efforts tem. We will begin by computerizing perimposed reticle so that manually the name, descriptive information, read minutiae data can be searched For a year and a half now, we charge, arresting agency and its ar• by computer against a file of finger• have had under contract specialists rest number, and of course, if known, print data previously read and stored from North American Rockwell In• the final disposition-on all nonident, by machine. This is in furtherance of formation Systems Co. (NARISCO), i.e., on all persons for whom this rep• our ultimate goal of being able to examining work functions in minute resents the first arrest known to us. make a search of a crime-scene latent detail and preparing an overall sys• Thus, we will be building into com• print against a large file of computer• tems design for the automation or puter storage not only a name file for stored fingerprint data. semiautomation of all of our iden• future searching but a means of au• When is it going to be a nationwide tification processing. In the current tomatically printing out for return to day-to-day operational system? That fiscal year, we shall begin imple• the contributor a "nonident answer is what everyone asks. I cannot tell menting this overall system in time• slip" with the newly assigned FBI you-there is simply no way to fore• phased steps. One of the first phases number. The next time then the same cast or schedule invention. Extensive to be automated will be the recording individual is the subject of an arrest testing and evaluation of the scanner of incoming fingerprint cards by au• fingerprint card the computer-stored equipment and of the registration and tomatically reading the contributor's data will be updated with the new ar• matching programs must be per• identity from the preprinted block on rest, and a rap sheet with available formed, as well as additional work to the fingerprint card showing the con• information applicable to both arrests perfect an automatic classification tributor's name and number. You will be generated by the computer scheme. A fast card-feeding device have probably noticed the special type (rather than prepared by a typist) for must be designed, and a mass storage font we are using. Through optical response to the contributor. device selected to house the huge character recognition (OCR) equip· Further down the road, after we amounts of fingerprint data that will ment, we will automatically record have gained experience with the non• be generated by the scanner. There• daily, monthly, and annual volumes idents, we will undertake adding fore, we cannot put a firm, final date from each contributor, segregated by idents to the name index. Here we on the operational system. But, we are criminal and civil prints. At the plan to microfilm a previously exist• firmly committed and we are going same time this is done, a processing ing manual record with the ability to to have a working system. We en• number will be assigned each indi• thereafter also reproduce the historic vision, in the future, scanners strate• vidual card so it can be followed and manual record as an adjunct to the computer-stored arrest data printout. However, we will not endeavor to con• "We enVISIOn .• scanners strategically located vert the old manual record or the data throughout regions of the country so a distant law represented on it to computer storage. enforcement agency can extract characteristics from a Such a task simply would be too mam• fingerprint card, transmit them over National Crime moth and expensive for the FBI to at• Information Center (NCIC) communications lines to the Identification Division, search our massive files, and tempt alone and has properly been obtain the results of 'the search with no hUnlan inter• assumed by the Computerized Crim• vention." inal History Program (CCH) of NCIC. The combined resources at

October 1972 13 both Federal and State levels thus can be brought to bear on this task. "[The Computerized Criminal History Program] is designed to provide a national rapid exchange of infor• Computerized Criminal History mation over NCIC communications lines to serve the entire Program criminal justice community."

The foregoing discussion leads nat· urally to the question of how this all FBI) on offenders whose criminal ac• version purposes; and (5) act as the fits into the computerized criminal tivity is limited to that State. The interface between the CCH system and history program of NCIC which as national index on such "single-State" the manual system to detect when you know is characterized "CCH." offenders will always have an abbre• action needs to be taken to update a CCH became operative last November viated record on such offenders show• CCH record upon receipt of data with some 76,000 records of Federal ing at least as much information as transmitted through the mails from offenders, converted and coded by the the present manual rap sheet with nonparticipating States. FBI, and some 50,000 records of one respect to each criterion offense, i.e., State converted and coded by Florida. other than minor offenses. The com• Facsimile Transmission of Prints Illinois began entering records last plete record of all offenses and dis• month, and three more States (New positions thereof will be available Turning next to the matter of fac• York, Michigan, and Maryland) are through message switching into the simile transmission of fingerprints, scheduled to come on board this State that holds it. there has existed, of course, for some month. This is the program I outlined The overall systems design for auto• while a clear need for rapid trans• last year, with slides showing the flow mation of work functions of the FBI mission of fingerprints (or fingerprint of data, under which the States using Identification Division has been care• card data) from local law enforce• Law Enforcement Assistance Admin· fully planned to support and comple• ment agencies to the FBI Identifica• istration (LEAA) grant funds convert ment CCH. For example, in gathering tion Division. The need is particularly criminal history records and there· the data pertaining to first arrests as evident is cases involving suspected after enter into the national system we begin to build our computerized wanted persons, unknown deceased, all arrests of other than a minor na• name index, the formating has been and amnesia victims. For some while ture. It is designed to provide a na• constructed so as to allow CCH to the FBI has had facsimile links with tional rapid exchange of information take advantage of entering the infor• two law enforcement agencies, using over NCIC communications lines to mation directly into that system, if the equipment of the Datalog Division of serve the entire criminal justice com• States so desire. The result, of course, Litton Systems, Inc., and Broadband munity. The data collected is seg• would be a much more rapidly con• Dial-Up Communications Lines. Be• mented into arrest, court, penal, and structed data base for CCH, faster cause of transmission costs, the two po t-release information and will pro• initial entry, greater geographic cov• police agencies use the facilities only vide a data base for research and erage, and establishment of an initial for urgent transmission. The princi• statistical programs, as well as day-to• data base for future State usage for pal impediment to widespread adapta• day service to the criminal justice those States not yet beginning partici• tion and extensive usage of facsimile community. pation of direct input to the national transmissions has been the high cost The fingerprint card remains the CCH system. of communication modes required to basic source document for all offense The FBI Identification Division al• support high-resolution facsimile entries, and State identification bu• ready i a vital and integral part of equipment. reaus have the responsibility for up• CCH. We must be relied upon to: (1) The FBI has long advocated that dating the national record when the e tablish that an arrestee is a first some way should be found to use the individual can be identified at the offender; (2) issue FBI number to all direct dial telephone exchange for State level. Under the concept adopted first offenders; (3) establish that an transmitting high-resolution facsimile by the NCIC Advisory Policy Board, offender who is new to one State is data. Telephone service has the ad• the ultimate system calls for retention in fact known and has a prior record vantages of: (1) being available at the State identification bureau of from a previous encounter with the throughout the nited States; (2) it additional arrest prints (i.e., after the law in another State; (4) supply has the lowest service charges; and, fir t print has been submitted to the manual identification records for con• (3) it has great redundancy as there

14 FBI Law Enforcement Bulletin are alternate circuit routes to most ditional technological advancements national Association of Chiefs of subscriber locations. However, the before an economically feasible means Police. problem has been that, although the is found to transmit all fingerprint We have been pleased to note a quality of telephone lines is suitable card data by a national facsimile greater flow of disposition informa• for voice transmission where the lis• system. tion reported in a number of areas tener unconsciously filters out ex• One such technological break• since the problem was stressed here traneous noises, this interference through may prOVe to be the auto• last year. I am sure many of you have seriously degrades the clarity of a matic fingerprint-reading scanner sys• had a hand in this improvement. The facsimile transmission. tem that is presently under develop• basic problem of disseminating rec• The FBI recently has completed ne• ment by the FBI. As mentioned pre• ords without dispositions and the gotiations with representatives of the viously in my comIllents regarding the criticism such practice engenders, Datalog Division of Litton Systems, fingerprint scanner, only certain char• particularly in employment and Inc., regarding an interstate test of acteristics of a fingerprint are re• licensing situations, is not a problem newly developed facsimile equipment quired for classification and matching that is going to go away. On the con• which is claimed to have the capabil• purposes; the entire fingerprint pat• trary it looms ever larger as one that ity of transmitting high-resolution fac• tern need not be transmitted. There• must be firmly resolved. Until manda• simile fing«erprint data over ordinary fore, it may well be possible someday tory reporting is a reality throughout dial-up telephone lines. The test is to for a distant law enforcement agency the country, we must all continue to begin the first week of September to possess a remote fingerprint scan• spread the gospel of complete volun• 1972, and will run for approximately ner which will extract the characteris• tary reporting. 30 days. Outside participation in the tics needed from fingerprints and test is limited to the two law enforce• transmit them to the FBI Identifica• Non-Federal Applicant Prints ment agencies with which we presently tion Division digitally over the NCIC have facsimile links. The reason for communications network for a search At just about this time every year, this is that the presently established of the FBI computerized fingerprint we seem to be up in the air as to ex• dial-up Broadband facsimile lines can file. With such a development, all actly what services we shall be author• be operated in parallel with the test types of facsimile transmission of ized to render in processing non• dial-up telephone circuits, thereby al• fingerprints by wire might well be• Federal applicant prints for employ• lowing a meaningful basis for a com• come obsolete. ment and licensing purposes. This parison of the two systems. year is no exception. You recall last The results of the test will first have Disposition Repcrting summer we suspended such service be• to be obtained and evaluated before cause of the ruling of the U.S. District the FBI will be able to determine Last year I discussed the urgent Court in Washington, D.C., in the whether, and in what manner, it will need for more meticulous reporting of Menard case. In December 1971, the expand its present facsimile finger• final dispositions and displayed our Congress provided statutory authority print services. However, it is already newly designed form to be completed for the resumption of that service. apparent that even if the use of lower and forwarded by the arresting Under these statutory provisions, con• cost dial-up telephone services proves agency, prosecutor, or the court• tained in an appropriations measure successful, the present long-distance wherever final disposition was con• and under the guidelines approved by telephone costs and associated burdens cluded. A resolutiQn is under consid• the Attorney General, there can now of operating a facsimile network will eration by the resolutions committee be processed such prints from fed• make it impractical to attempt to send here this week enco-uraging support of erally insured banks: plus, all that are aU fingerprint cards by facsimile. the enactment of State legislation to authorized by a State law requiring Therefore, only those fingerprint mandate the report.ing of final disposi• fingerprinting for the position or cards requiring urgent handling• tion data, applicab e to each arrest, to license, provided they are first those involving a suspected fugitive, the central file at the State or national searched through the State identifica• an unknown deceased, or an amnesia level to which an arrest fingerprint tion bureau or other central State victim, for example-will be trans• card was submitte~. Similiar resolu• agency designated for that purpose. mitted by facsimile. Most routine tions have heen adopted this past year Recently, however, the temporary transactions can properly await the by the National ])istrict Attorneys statutory authority provision has mails. Therefore, it is the FBI's pres• Association, the National Association come under attack in both houses of ent view that there will have to be ad- of Attorneys Gene::ral, and the Inter• (Continued on page 30)

October 1972 15 J- ~ ' ~ 4 AA ~ /I .IJV ~~ ?ft~o~

Between January 1, 1968, and ~------~ August 25, 1972, there have been 144 ~ incidents of hijacking or attempted THE FUTILITY OF hijacking of American aircraft. The perpetrators have been identified in all but 10 of these cases. Of the 203 and wounded another. Crewmen have of these individuals received a life individuals who have participated, all wounded one and three have com• sentence. but 13 have been identified and pros• mitted suicide. Since the beginning of this cal• ecutive action taken against them. In the same period, 29 individuals endar year to August 25, 1972, there This includes those being sought as charged with Air Piracy violations have been 32 aircraft-hijacking inci• fugitives. Five hijackers have been have been convicted in Federal Dis• dents participated in by 46 individ• killed by FBI Agents and six trict Court and received sentences uals. All of these persons have been wounded. Passengers have killed one averaging in excess of 14 years. One identified and are either dead, have

DATE NAME AIRLINE DEMAND RESULTS June 4,1970 Auther Gates Barkley Trans World $100,000, 000 Wounded by FBI Agent; taken into custody and committed to a State mental institution. May 28,1971 James Edwin Bennett, Jr. Eastern $500, 000 Overpowered by airline officials; tried and found not guilty by reason of insanity. June 12, 1971 Gregory Lamar White Trans World $75,000 Wounded by FBI Agent; taken into custody; awaiting trial. July 2,1971 Robert Lee Jackson; Braniff $100, 000 Taken into custody in Buenos Ligia Lucrecia Sanchez Archila Aires, Argentina, and incarcerated. November 24, 1971 Unknown subject; Northwest Orient $200,000 Identity and whereabouts un• Dan Cooper known; money not recovered. December 24, 1971 Everett Leary Holt Northwest Orient $300, 000 Surrendered to FBI Agents; charged with Aircraft Piracy; awaiting trial. December 26, 1971 Donald Lewis Coleman American $250,000 Overpowered by crew; charged with Aircraft Piracy; awaiting sentencing. January 12, 1972 Billy Eugene Hurst, Jr. Braniff $1,000,000 Taken into custody by FBI Agents; charged with Aircraft Piracy; awaiting trial. January 20, 1972 Richard Charles LaPoint Air West $50,000 Bailed out; taken into custody by FBI Agents; sentenced to 4 years' imprisonment; money recovered. January 26, 1972 Merlyn LaVerne St. George Mohawk $200, 000 Shot and killed by FBI Agents. January 29,1972 Garrett Brock Trapnell Trans World $308, 600 Shot and wounded by FBI Agents; charged with Aircraft Piracy; awaiting trial. April 7, 1972 Richard Floyd McCoy, Jr. United $500,000 Bailed out; identified; charged with Aircraft Piracy; sentenced to 45 years' imprisonment. April 9, 1972 Stanley Harlon Speck Pacific Southwest $500, 000 Arrested by FBI Agents; charged with Aircraft Piracy; awaiting trial. April 11, 1972 Major Burton Davenport Continental $500, 000 Taken into custody by FBI Agents; charged with Hobbs Act violation; Federal process dismissed by reason of mental condition.

16 FBI Law Enforcement Bulletin crimes were perpetrated by 35 indi- viduals. All of these individuals are ~CRAFT HIJACKING in custody, having been prosecuted or ~ awaItmg prosecution, except for seven who are in Algeria and one not as yet identified. Four of the 35 were heen prosecuted, are awaiting prose- ings has heen the appearance of extor- wounded by FBI Agents before being cution, or are being sought as fugi- tionate demands for ransom payments apprehended and three were killed. Of tives. In these 32 incidents, four of to insure the safety of the victim air- the money demanded and received, all the hijackers parachuted from the air- craft, its crew, and passengers. has been recovered except for approx- craft. All have been identified, and Twenty­five of all hijackings or at- imately $503,000. The abortive record they either have been prosecuted or tempted hijackings of American air- of nearly all these hijackings for are awaiting prosecution. craft involved extortionate demands money is evident from the following A recent trend in aircraft hijack- totaling nearly $112 million. These chart:

DATE NAME AIRLINE DEMAND RESULTS April 17, 1972 William Herbert Greene Delta $500,000 Taken into custody by FBI Agents; charged with Aircraft Piracy. May 5, 1972 Frederick William Hahneman Eastern $303,000 Bailed out over Honduras; taken into custody; charged with Aircraft Piracy; money not recovered. June 2, 1972 Willie Roger Holder; Western $500,000 Arrived Algeria; money re- Catherine Kerkow turned; both charged with Aircraft Piracy June 2,1972 Robb Dolin Heady United $200,000 Bailed out; taken into custody by local authorities; charged with Aircraft Piracy; pleaded guilty; sentenced to 30 years' imprisonment. June 23, 1972 Martin Joseph McNally; American $502,500 McNally bailed out; arrested by Walter John Petlikowsky FBI Agents; charged with Aircraft Piracy; Petlikowsky charged with aiding and abetting. July 5, 1972 Dimitri Krestiv Alexiev; Pacific Southwest $800, 000 Alexiev and Azmanoff killed by Michael Dimitrov Azmanoff; FBI Agents; Peichev charged Lubomir Peichev with Aircraft Piracy. July 6,1972 Francis M. Goodell Pacific Southwest $455, 000 Taken into custody by FBI Agents; charged with Aircraft Piracy. July 12, 1972 Michael Stanley Green; National $600, 000 Taken into custody by FBI Lulseged Tesfa Agents; charged with Aircraft Piracy. July 12, 1972 Melvin Martin Fisher American $550,000 Taken into custody by FBI Agents; charged with Aircraft Piracy. July 31, 1972 George Edward Wright; Delta $1, 000, 000 Subjects in Algeria; money George Brown; recovered. Melvin McNair, III; Jean Carol McNair, nee Allen; Joyce Tillerson August 18, 1972 Frank Marcoe Sibley, Jr. United $2,000,000 Wounded by FBI Agents; charged with Aircraft Piracy and awaiting trial; money recovered.

October 1972 17 " .. yonder m New Orleans . . . "

POLICING THE .. WATERFRONT

"A few years ago a Lloyd's of London agent commented that the 'security of the Port of New Orleans is not excelled in any Port of the world.' "

.Superintendent Deutachmann haa heen with the New Orlean. Harbor Police Department (HPD) .Ince 1940. and hal been the head of the department .inee 1947. He i. a graduate 01 the FBI Na tional Academy By (NA) and i•• pal' pre.ident of the NA A••oeiatel' Louisiana chapter which he pre,ently lerve. •• LOUIS H. DEUTSCHMANN* lectetaty.tte.aurer. Superintendent Deutlcbmann i, • member of the board of directon of the Internationll Superintendent, Anaeiation of Port Police and i. an inltructor for Harbor Police Department, the Loui,iana State University Law Enforcement I New Orleans, La . In.titute. 1 18 FBI Law Enforcement Bulletin Coast Guard. The HPD works very closely with these agencies, exchang. "The department • • • ing information and also turning over operates a canine squad cases for Federal prosecution which which [has] proven that have been investigated by the HPD. • . • dogs help immensely The department consists of a com· in the patrolling of the plement of 80 men, each of whom wharves for suspicious activ• works one of three 5.day, 8·hour shifts ity and inaividuals." covering the entire day. Within the HPD, a detective divi· sion has been formed. The detectives which range in length from % to 1 carry on surveillance work and do mile. They make their rounds, looking backup investigation on reports made for violations of the law and for the by patrolmen. most feared thing that can happen on .. the wharves, fire. Many of the wharves he port of New Orleans consists of Patrolling the Port contain highly explosive and inflam• T approximately 25 miles of shore• mable commodities. If a fire ever gets line on the Mississippi River and on The department also operates a out of control, millions of dollars' the Industrial Canal which connects canine squad which is a rarity among worth of goods will be destroyed. the Mississippi River with Lake Pont· harbor police departments. Ithas been The patrolmen, via portable radios, chartrain. There are 10.18 miles of proven that these dogs help immensely can immediately contact the New Or· wharves and 6.55 miles of transit in the patrolling of the wharves for leans HPD Headquarters, which in sheds or 10,819,251 square feet for suspicious activity and individuals. turn can contact the New Orleans Po· the handling of export and import These dogs are also used for crowd lice Department, New Orleans Fire De· cargo. The port of New Orleans is control during the city's annual Mardi partment, and dock board fire boats. second among V.S. ports in the value Gras celebration and other events of import and export cargo. In the which bring masses of people onto the Port Security year 1971, this consisted of 3,405 New Orleans wharves. million dollars' worth of cargo. A patrol boat equipped with fire The port of New Orleans is an ex• The Harbor Police Department equipment to extinguish small fires tension of the city of New Orleans (HPD) is an agency under the Board and to assist in controlling larger ones and employs over 50,000 people in its of Commissioners (dock board) of is also operated by the New Orleans maritime industry and related jobs. the Port of New Orleans and was HPD. The men who operate the patrol It is an integral part of the city of founded in 1896 by an act of the Loui· boat also log ship arrivals and depar• New Orleans and has to be policed as siana State Legislature. By acts of tures as well as patrol the harbor for such. There are no fences separating the State legislature, patrolmen were violations on the water. the wharves and the city. The port of given complete police authority on The HPD patrolmen walk beats New York and the European ports of the dock board property as well as the entrances to and exits from the Using a portable radio, a patrolman on his beat checks with HPD Headquarters. wharves and in the three parishes, i Orleans, St. Bernard, and Jefferson, where dock board property lies. In addition to the normal police duties, the patrolmen investigate accidents, log ship arrivals and departures, and make fire checks. The HPD is in a unique position of having jurisdiction on the wharves along with the Federal Bureau of In· vestigation (FBI), the Bureau of Cus· toms, the Immigration and Natural· ization Service (INS), and the V.S.

October 1972 has only one launch for patrol. Cus· toms violations are handled by the Bureau of Customs, while immigra• tion offenses are the responsibility of the I S. Many other harbor laws are enforced by the U.S. Coast Guard, and a variety of investigative matters related to the maritime industry are within the FBI's jurisdiction. Conse• quently, the HPD employs only 80 officers, as compared with the afore• mentioned European ports which em• ploy 500 or more officers.

Dock Thefts

Theft or pilfering of cargo is the biggest problem in policing the New Orleans wharves as well as ports throughout the world. Fortunately, After receiving information about stolen cargo, an officer alerts patrolmen through the HPD communications system. thefts have not been of the same mag• nitude at the port of New Orleans as London, Antwerp, Rotterdam, and they were when Jean Lafitte, the pirate, Hamburg are, on the other hand, roamed the Mississippi River and "Large thefts ••• have fenced, and police manpower in those the bayous and confiscated whole not been as frequent as ports can be concentrated at key lo• ships. People who work aboard the those reported in many cations within the compound area. ships and on the wharves are the great· other large domestic ports." Once a shipment is loaded onto a truck ests contributors to these thefts. For at New Orleans and the papers signed as long as ships have been loaded and on the wharf by a clerk, the driver may take his shipment off the dock at any exit. In those ports that are An officer with a dog looks for a fleeing sllsped on the New Orleans wharf. fenced there are only certain gates through which a vehicle may exit. At those points, its cargo along with all the papers in the driver's possession is again checked by a guard. London's container wharf is so modernly equipped that if a theft is discovered or cargo is found mys• teriously missing the gates to the area may be closed automatically, sealing off the entire wharf. The police assigned to European ports have more diverse duties to per• form than the harbor police in the port of New Orleans, or many other U.S. ports. For example, the port of Hamburg has 27 launches which are used for patrol and the detection of customs and immigration violations. At the port of New Orleans, the HPD

20 FBI Law Enforcement Bulletin Even if a man's union card is sus• ularly conducted as cars leave at t: pu of New Orleans pended, he may still work without a lunchtime and at the close of the work• i5 an .•• integral part of card if all available union personnel ing day. Many stolen items have been the city • • • and has to be have been hired. Because of this, even recovered and numerous arrests have policed as 5uch. There are a thrice~onvicted dock thief some• been made as a result of these no fences 5eparating the times cannot be prevented from work• searches. wharvp..c and the city." ing on the wharves where millions of Vagrants on the port's wharves dollars' worth of cargo is stored. have proved to be a source of petty At the present time, thefts from the thefts on the docks. Experience has unloaded and their cargo separated on New Orleans port facilities have been shown that 80 to 90 percent of these the wharves, it has been a common slowed to a trickle. One of the major individuals are narcotic addicts. practice for the contents of broken crates to become the immediate ob• j ects of theft_ Liquor, radios, and electrical ap• pliances are some of the items most readily taken. Seasons sometime dic• tate the goods to be stolen. Before Christmas, liquor thefts are common, and before the duck hunting seasons, rice is often taken. Curbing this practice has been next to impossible. There have been times when professional thieves among dock employees have been organized enough to take orders for specific items. Working in groups, they sig• nal one another when a patrolman walks onto the wharf. Such activity is difficult to control, and those sus• pected of casing a particular cargo usually cannot be restricted from the wharf unless caught with stolen goods.

Longshoremen, of course, predom• Members of the HPD detective division check the markings on green coffee which has inate on the docks. Those who are entered the port of New Orleans. union members are hired by the steamship companies in preference to nonunion members. The latest con• contributions to this trend has been Success in apprehending the va• tract between the longshoremen union legislation enacted by the Louisiana grant thief has been achieved through and the steamship companies provides State Legislature granting the HPD a study which identified the wharves for revocation of a longshoreman's power to stop and search anyone and cargo on which they especially union card for 60 days for his convic• entering or leaving the wharf area. prey. As do most port employees who tion of stealing from the docks and for Searches for stolen articles are reg- (Continued on page 28) 6 months if convicted a second time. It also provides for permanent sus• pension of the card on the third con• viction. However, until the third con· "For a5 long as sh ps have been loaded and unloaded viction, the defendant is entitled to and their cargo 5eparated on the wharves, it has been a return to the wharves in his same posi• common practice for the contents of broken crates to tion after restoration of his union become the immediate objects of theft." card.

October 1972 21 The Legal

Digest

Searches

"The ruling of the Court that evidence is ad- by missible when obtained by a private person, re- gardless of the manner used in conducting the search, has remained virtually unchanged and Private is the general rule accepted by both Federal and State courts." Persons

hose who appreciate the need for It should be noted that the fourth Tendurance and vitality in crim- amendment provides: "The right of inal procedural law, especially in the the people to be secure in their per- rapid­changing area of search and sons, houses, papers, and effects, seizure, can take courage and be against unreasonable searches and heartened­Burdeau v. McDowell,l seizures, shall not be violated . .. . " decided by the Supreme Court of the It does not speak of excluding evi- United States in 1921, lives. In Bur- dence obtained in violation of its pro- deau, the Court held that the fourth visions, nor does it limit its applica- amendment of the U.S. Constitution tion to "governmental agencies." applied to governmental action, and However, a brief review of the com- "its origin and history clearly show mon law and Supreme Court decisions By that it was intended as a restraint up- concerning wrongfully obtained evi- JOHN J. BURKE on the activities of sovereign authori- dence will illustrate the gradual evolu- Special Agent, ty, and was not intended to be a tion of an exclusionary rule and the Federal Bureau of Investigation, limitation upon other than govern- limitation of the rule to government Washington, D.C. mental agencies. . . _" 2 officers.

22 FBI Law Enforcement Bulletin At oommon law and during the Dowell moved for the suppression of early years of American constitutional documents stolen by a private detec- • law, it was generally accepted that the tive and turned over to Burdeau, a Law enforcement officers admissibility of evidence was not af- Special Assistant to the Attorney Gen- of other than Federal juris- fected by the illegality of the means eral, for use in the prosecution of diction who are interested , by which the evidence was obtained.8 McDowell for the fraudulent use of in any legal issue discussed This position was based upon judicial the mails. in this article should consult unwillingness to deny evidence of un- The ruling of the Court that evi- their legal advisor. Some .. questioned probative value and the dence is admissible when obtained by police procedures ruled courts' reluctance to introduce into a private person, regardless of the permissible under Federal trials the "collateral but often com- manner used in conducting the search, constitutional law are of plex issue" of the methods used to has remained virtually unchanged and questionable legality under obtain the evidence." Wigmore com- is the general rule accepted by both State law, or are not per- mented on the simple policy of the Federal 9 and State courts.10 The ac- mitted at all. I ~ common law in characteristic fash- ceptance of the holding in Burdeau is ion: "[A] judge does not hold court all the more extraordinary since it in a street­car to do summary justice stands unspoiled in the evolution of 17 upon a fellow­passenger who fraudu- the exclusionary rule. instance. lently evades payment of his fare; After declaring that it accepted the But why should the "fruits" of an and, upon the same principle, he does Weeks decision, the Supreme Court of illegal search only be excluded when not attempt, in the course of a specific the United States in Woll v. Colo• they are uncovered by State or Fed- litigation, to investigate and punish rado,ll decided in 1949, ruled that eral officers? In addition to the ration- all ofienses which incidentally cross "in a prosecution in a State court for ale ofiered in Burdeau that the fourth the path of that litigation. Such a a State crime the fourteenth amend- amendment of the Constitution is practice might be consistent with the ment does not forbid the admission of directed only against government primitive system of justice under an evidence obtained by an .unreasonable activity, the explanation has been ofiered that to apply the exclusionary Arabian sheikh; but it does not com- search and seizure." 12 During the rule to illegal private searches would port with our own system of justice." 5 same year, the Court in Lustig v. not serve to deter such lawle!s But what may have been incidental United States 18 indicated that evi- to Wigmore was not to the Supreme dence obtained improperly by State searches, since private individuals Court of the United States which de- officials might still be used in Federal are generally unaware of the rule and most often their searches are not mo- cided Weeks v. United States 6 in 1914 criminal cases, if no Federal official in a setting far removed from any had participated in the unlawful tivated by the desire to obtain a 18 sheikhdom. The Court ruled that evi- search. criminal conviction. But is this lat- dence obtained by an unlawful search But, neither Wol/ nor the "silver ter rationalization for the Burdeau limitation as convincing in the case of and seizure by Federal officers could platter" 14 doctrine announced in not be admitted in Federal criminal Lustig survived. In 1960, Elkins v. private security guards, for example, whose main purpose or objective may, trials. In the course of its decision, the United States 15 ruled that evidence in fact, be the gathering of evidence Court stated that if the evidence could obtained illegally by State officials for use in prosecutions? This matter be used in the trial of an accused, "the could no longer be used in the Fed- protection of the Fourth Amendment eral courts. Finally, in 1961, the Su- will be discussed below. declaring [the] ... right to be se- preme Court in Mapp v. Ohio 16 made cure against such searches and seiz- the exclusionary rule mandatory in Accidental Discoveries ures is of no value, and so far as those State courts where evidence was ob- thus placed are concerned, might as tained through a wrongful search by The general rule in cases where a well be stricken from the Constitu- State officers, overruling Wolf. private person accidentally discovers tion." 7 It has been argued in both Federal criminal evidence is that State or In 1921 Burdeau v. McDowell 8 pre- and State cases that Elkins by reject- Federal constitutional prohibitions sented the issue whether objects seized ing the "silver platter" doctrine has against unreasonable searches and illegally by a private individual could overturned the admissibility rule an- seizures are not applicable, and there be admitted into evidence at a Fed- nounced in Burdeau, but this conten- is no requirement that the wrongfully eral criminal trial. In that case, Mc­ tion has been rejected in each obtained evidence be excluded.19 The

October 1972 23 following cases illustrate the general court was, "Evidence of a crime, who followed and searched the auto• rule: found by a private party, is not ex• mobile of the defendant whom they • A California service station attend• cludable under the Fourth Amend• suspected of stealing clothing from ant who peeked through holes in the ment, because it was not discovered the owner's store. The court reasoned station restroom and saw the defend• by officers of the government." 24 that these persons were acting with• ant taking a white substance from his out any authority from the State and wallet and using a hypodermic Search for Evidence of a Crime constitutional provisions against un• syringe was allowed to testify to his reasonable searches and seizures do observations in a prosecution for the Even in those cases where it is ob• not attach to searches by private 20 possession of heroin. vious or admitted that a private per• individuals. • In an Arkansas case, a blood sam• son has conducted a lawless search ple taken from the defendant by a with the intention of uncovering Searches by Security Police laboratory technician during the hos• evidence of crime the exclusionary pital treatment of the defendant fol• rule is generally not invoked. Generally, as the following cases lowing an automobile accident was In a case reviewed by the U.S. illustrate, evidence obtained by the admitted into evidence to show the Court of Appeals for the Third Cir• unlawful searches of private police or percentage of alcohol in a prosecution cuit, it was held that evidence taken security police has been admitted for involuntary manslaughter. Here by former employees of the defendant based on the theory set forth in Bur• there was no evidence that the techni• without his knowledge or permission deau that the fourth amendment's cian acted on the instructions of the and turned over to the Internal Reve• prohibition on unlawful searches is police or with any prior or standing nue Service was admissible in a prose• not applicable in the case of private arrangement with them.21 cution for income tax offenses. The individuals. • Marihuana found by parking lot court ruled that the Government had Shoplifting evidence obtained by a attendants in the glove compartment no part or knowledge that the private private store detective in California of a defendant's automobile was ad• persons were going to take the records who searched and seized a person af• mitted into evidence over the defen• they turned over.25 ter seeing her place a garment in her dant's objection in State v. Bryan.2 ! In another instance, the Court of purse was held admissible in a prose• The Oregon court stated that the at• Appeals of Kentucky ruled that where cution for theft. Here the court com• tendants were not acting with or for a private person posed as a deputy mented that neither the State nor the police, nor were they looking for sheriff and falsely claimed to have a Federal constitution prohibits unlaw• evidence of criminal conduct, but search warrant in order to obtain evi· ful searches by individuals.29 were simply trying to identify the dence of possessing intoxicating Pieces of silver that were taken owner of the vehicle. liquors the evidence discovered by from a defendant's locker and others • Items discovered by a hospital the ruse could be used in the defend• taken from his car parked at a service worker during a search of an un• ant's prosecution. The court stated station by a private detective and com• conscious defendant's trouser pockets that the fact that a private citizen poses pany guard were deemed admissible in order to identify him were ruled as a public officer, or assumes to act by the Superior Court of New Jersey admissible by the U.S. Court of under a search warrant, does not in a larceny prosecution of the de• Appeals for the Sixth Circuit in a change his status so 'as to affect fendant. The court ruled that since prosecution for possession of stolen the competence of the evidence no government officials had partici- • mail. The court found that there was disclosed.26 pated in the searches the exclusion• no police involvement in searching the In People v. /ohnson,27 a case de• ary rule was not applicable. so clothing.28 cided by the District Court of Appeals, In a New York decision, People v. • In a recent case where a landlady California, it was held that in a prose• Trimarco,31 it was held that where entered defendant's apartment during cution for grand theft where an em• private security guards wrongfully his absence and found his wife's body ployer without the defendant's consent used force to remove a defendant • in a closet, the U.S. Court of Appeals unlawfully searched his automobile from an airplane and then one of the for the Ninth Circuit ruled that what• for missing merchandise, the discov• guards took documents from him, the ever evidence the lady found before ered evidence was admissible. evidence was still admissible in a pros· the police were called was admissible Likewise, in Reed v. State 28 the ecution for forgery and attempted lar• against the defendant in a murder court held admissible testimony of an cency since the illegal seizure was prosecution. The statement of the Oklahoma store owner and another committed by a private individual.

24 FBI Law Enforcement Bulletin A semiautomatic pistol forcibly taken from a defendant by two pri- "In those instances whe.re it can be shown that a private • vate store detectives in a New York citizen is acting upon the order, instruction, or request department store was admitted into oj a government officer, ti,e exclusionary rule will be evidence even though the arrest was applied to the illegally obtained e.vidence. Under these illegal, ruled the court in People v_ circumstances the illegal acts oj the private citizen will be Horman. Again, the court repeated attributed to the police and it does not matter whether the that State and Federal prohibitions agency relationship is voluntary or induced by request or y against unreasonable searches and by duress." seizures do not apply to private individuals.82 But, as commented on above, the rationale that the exclusion of evi- quested by Federal customs agents to nor request the illegal search, but dence obtained by illegal private party open a package which a scientific in- merely have knowledge that such an ~ ~:a~:~:~~:l~s n~:::t::r~~c:s s~:::::~ strument indicated might contain il- unlawful search is going to be con- legally transported watches. The ducted, the evidence from such a sive in the case of the private police- court ruled the evidence inadmissible search will be excluded. Here, the man or the security guard. Very often since the employee conducted the agents of a credit card company re- they are charged by their employers search "solely to serve the purposes of quested the assistance of the police with the duty of obtaining evidence the government" and the Government in arresting the defendant who was for criminal prosecutions. This was lacked the authority necessary to con- being sought for the fraudulent use the observation in the California case duct the search.55 of a credit card. The police arrested of Stapleton v. Superior Court,35 In a case reviewed by the Supreme the defendant at his home. One of the where the court, commenting on an Court of Indiana, the owner of an credit card agents, in the presence unlawful search by a private investi- automobile repair shop towed a car of the police, learned that the defend- gator, stated: "The application of the from the scene of an accident and was ant's automobile was parked outside exclusionary rule to such 'private' instructed by the police to search for the premises and took his keys to con- searches is more likely to deter un- weapons. He complied and found duct a search. The evidence found by r lawful searches than it would be in two guns which later were held the credit card agent was held in- other cases." inadmissible. The court reasoned that admissible because "the search of pe- the repair shop owner was acting as titioner's car was clearly a part of a Police Participation in the agent of the police officer who joint operation by police and the Private Searches could not, himself, legally search the credit card agents aimed at arresting vehicle without a warrant.S8 petitioner and obtaining evidence In those instances where it can be A conviction was reversed where against him. . .. The police need shown that a private citizen is acting evidence was illegally seized by a not have requested or directed the upon the order, instruction, or re- motel owner, who, after observing search in order to be guilty of 'stand- quest of a government officer, the ex- what he believed to be narcotics, noti- ing idly by'; knowledge of the illegal clusionary rule will be applied to the fied a California sheriff and was in- search coupled with a failure to pro- , illegally obtained evidence. Under structed to take some samples from tect the petitioner's rights against such 59 these circumstances the illegal acts of the room. The court, while recogniz- a search suffices. the private citizen will be attributed ing the admissibility of evidence ob- to the police and it does not matter tained by the illegal seizure by private Conclusion persons, pointed out that here the whether the agency relationship is motel operator was the agent of public The fourth amendment does not voluntary or induced by request or by officers and the vicarious violation of address itself to searches by private 8 duress. ' The cases turn on the theory the defendant's constitutional rights persons. Burdeau v. McDowell, de- that to allow otherwise would be to brought the exclusionary rule into cided by the Supreme Court of the frustrate the underlying purpose of effect.s7 United States in 1921, is the basis for the exclusionary rule. In Stapleton v. Superior Court,S8 the overwhelming weight of authority In the case, Corngold v. United it was held that even in a situation that evidence otherwise admissible is \ States, an airlines employee was re­ where the police neither direct, order, not made inadmissible by the fact

October 1972 25 that it was obtained thro.ugh a wrong- Cal. Rptr. 65 (1963). cert. denied. 317 U.S. 1000 various districts to talk to officers (1964). ful seizure by a private party. How- ., Slale v. Robinson. 86 N.J. Super. 308. 206 A. 2d about their personal problems or have ever, evidence will be excluded where 179 (1965). them visit me at the chaplain's office. 11 41 ?,Ii.c. 2d 175. 245 N.Y.S. 2d 195 (1963). a private individual conducted the .. 22 N.Y. 2d 318. 292 N.Y.S. 2d 814. 239 N.E. 2d Sometimes these consultations take lawless search upon the suggestion, 625 (1968), cert. denied. 393 U.S. 1051 (1969). place right in my car; sometimes they .. 10 Cal. 2d 91. 13 Cal. Rptr. 515. 441 P. 2d 961 request, or order of government offi- (1968) . take place in a scout car. .. Uniled SIal" v. We". 453 F. 2d 1351 (3d Cir. A police job is a real hazard to mar- cials. In these instances, the courts 1912) . have invoked the exclusionary rule 3G 361 F. 2d 1 (9th Cir. 1966). riage. Typical of the reasons for this .. Machlan v. Slale. 248 Ind. 218. 225 N.E. 2d 162 are shift work and the long, tedious because they have found a vicarious (1961) . violation of State and Federal consti- 37 People v. Fie"o. 236 Cal. App. 2d 344. 46 Cal. hours necessary during demonstra- Rptr. 132 (1965). tions or some investigations. Since tutional prohibitions of unreasonable 38 Supra footnote 33. "/d. at 103. Cal. Rptr. at 518. 519. P. 2d at 910. 911. each day the police officer faces poten- searches and seizures. ij) tially dangerous situations and comes FOOTNOTES into contact with the base elements of '256 U.S. 465 (1921). CHAPLAIN mankind, his outlook on life can be • Id. at 415. tiThe exclulionary rule. were fashioned 'to (Continued from page 7) smudged with cynicism. He does not prevent, not to repair.' and their target i, official want to take his problems home be- misconduct.... But it is no part of the policy underlying the Fourth and Fourteenth and non peaceful. Indeed, in calendar cause he wants to spare his family ad- Amendments to discourage citizens from aidine year 1970, the department handled a ditional worry or alarm. At times the to the utmolt of their ability in the appre· hension of eriminaia. If, then the exclusionary total of 361 demonstrations. police officer needs to discuss his prob- rule i, properly applicable to the evidence The chaplain is on call and on the lems with someone who fully under- taken .•. it mUlt be upon the baai. that lome streets during any major demonstra- type of unconstitutional police conduct DC' stands what he is up against, yet is curred." Coolid,e v. New Hampshire, 403 U.S. tion in our city or any public function detached enough not to be emotion- 443.488 (1911). (Emph••i. added.) • 8 Wigmore. Evidence. § 2183 (3d ed. 1940). requiring the presence of a large num- ally involved. In such cases a chap- , McCormick. Evidence. 1165 (2d ed. 1912). ber of police officers. He is notified lain can listen with empathy, advise 6 Wigmore. supra footnote 3. • 232 U.S. 383 (1914). and responds to all major disasters: calmly, and offer assistance when 7 Id. at 393. bombings, building collapses, airplane such assistance is appropriate. 8 Supra footnote 1. • E.g.• Barnes v. Uniled Slales. 313 F. 2d 511 (5th crashes, multiple alarms of fire, bar- Another innovation recently inau- Cir. 1961); Uniled SIaleS v. Goldb.". 330 F. 2d 30 ricaded criminals, unusual industrial gurated at the Metropolitan Police (3d Cir. 1964). cert. denied. 317 U.S. 953 (1964). 10 E.g.• Stale v. Bryan. lOr. App. 15. 451 P. 2d accidents, and others. Each month the Academy is the Family Life Seminar 661 (1969); Walker v. Slale. 244 Ark. 1150; 429 S.W. writer travels more than 2,000 miles designed to develop a basic under- 2d 121 (1968). 11338 U.S. 25 (1949). on city streets in connection with his standing of police functions and duties 13 Id. • t 33. various duties as chaplain. among recruits and their wives. I feel 13 338 U.S. 14 (1949). 1< Id. • t 19. The scope of the chaplain's work that these seminars will do much to 1.0 364 U.S. 206 (1960). includes more than wild flights in the help young officers and their spouses 1·361 U.S. 64 (1961). . 17 E.g" United States v. Coldbut• .supra footnote 9; early morning hours to render spir- overcome some of the problems of the Uniud SIaleS v. McGuirt. 381 F. 2d 306 (2d Cir. itual succor to members of the force. job, prevent early resignations, and 1961). cert. denied. 389 U.S. 1053 (1968); People v. Horman. 22 N.Y. 2d 318. 292 N.Y.S. 2d 814. 239 The chaplain spends countless hours enable them to cope with life in these N.E. 2d 625 (1968). ccrt. denied. 393 U.S. 1051 counseling officers with personal prob- troubled times. (1969); Statt v. Bryan, s"pra footnote 10. But lee. People v. Williams. 53 Misc. 2d 1086. 281 lems. He participates in the orienta- The activities of my workday can be N.Y.S. 2d 251 (1961); Lowry v. Slalt. 42 Okla. Crim. tion of recruits at the police academy. a paradox. Following early morning 326. 216. P. 513 (1929). 18 People v. BOI". 250 Cal. App. 2d 418. 58 Cal. He makes hospital visits, leads police- Mass at St. Patrick's, I arrive at police Rptr. 412 (1961). men in prayers at wakes, attends re- headquarters around 7 :30 a.m. and 10 See 36 A.L.R. 3d 18 (1911). to People v. Botu, ,upra footnote 18. tirement and promotion ceremonies, begin making my rounds. I visit the 21 IPalker v. Statt, s"pra footnote 10. and, upon request, represents the de- various offices and units of the depart- U Supra footnote 10. .. Uniled Slales v. Winbush. 428 F. 2d 351 (6th partment before official bodies. Peri- ment. I share their work, their coffee- Cir. 1910). cert. denied. 400 U.S. 918 (1910) . odically the chaplain attends rollcalls breaks, their fears, their jokes. But in .. Eisen"a,., v. Hock.,. 450 F. 2d 490 (9th Clr. 1911). in each of the units and writes a col- all this, I share mainly in the com- !1;; United SlattS v. Coldbert. supra footnote 9. umn in the Policemen's Association pany and comradeship that these men .. Chapman v. Commonwealth. 206 Ky. 439. 261 S.W. 181 (1924). News. and women give me, and it is in this 27 153 C.l. App. 2d 810. 315 P. 2d 468 (1951). Counseling is an important phase of way that I hope I give them the same •• 50 Okl.. Crim . 281. 291 P. 321 (1931). .. People v. Randano. 220 C.l. App. 2d 168. 34 my work as police chaplain. I tour the in return .

26 FBI Law Enforcement Bulletin themselves, and the community. The good police officer is expected to be a doctor, lawyer, and judge molded into one, and he is expected to make split-second decisions, often When emotions are running high. We owe a debt of gratitude to these dedicated police officers. Their cour· age has earned them the right to our respect; their sacrifice should elicit an obligation on our part to stand beside them; and their devotion to decency and order merits our sincere thanks. I salute them for what they have done and what they will be called upon to do for our community in the days ahead. Participating In the funeral of a slain officer Is lust one of the many sad duties of a chaplain. I also salute my brother police chap. lains everywhere. I guess you could say I am even second child and was waiting for him Yes, I am a very fortunate priest, wired for sound. My living quarters to come home to tell him. It was my "Vho is allowed to share his time with constantly blare with the police sad duty to break the news that he men and women who are so dedicated radio-sometimes to the chagrin of would not be coming home. It was to their way of life. I have fulfilled the priest who shares the room next to heart rending. my priesthood to a greater extent be· mine. My car is equipped with a police Throughout our long history, a uni• cause of it. radio. Designated Cruiser US, it is form has been not only a badge of Dedication is an essential quality an authorized emergency vehicle courage, but a symbol of respect on of effective law enforcement. Chap. equipped with siren and red lights to the streets of America. Today, from lains throughout the law enforcement be used in emergency situations. In Vietnam to Pennsylvania Avenue-• community admire this quality and the event I am not at the rectory or in in part because we as ordinary citi• strive to achieve it in their mission, for my car when called, the department zens have taken too much for granted dedication is more than a selfless way has given me a "page boy" which has and waited too long to fight back-a of life--it is a beatitude personified a 30-mile capability. uniform is the target for filthy epi• by Christ Himself. ij) Since 1963 a total of 20 police offi• thets, screeching abuse, and deadly FOOTNOTES

have been killed in the line of duty in target practice by hoodlums armed 1 "Statement on Police Chaplaincy," National the District of Columbia, and I have with bottles, bricks, and guns. Association of Police Chaplains, Inc., April 1968. 2 Dorothy Fagerstrom, "Chaplain's Role Defined:' assisted 18 of them in their dying I am not amazed at the courage and Law and Order. Ju\y 1969. p . 30. moments. In the first 7 months of a J. Edgar HooverI "Message From the Direetor.tt dedication of these men and women. FBI Law Enforcement Bulletin, Augult 1971. 1972, 57 police officers have been I know too many of them too well to , "Police Chaplain's Handbook," Metropolitan killed across the country and seven of be surprised at any act of courage on Police Department, Washington, D.C .• 1972. them have been ambushed in cold their part. I stand in awe, however, blood. To date, this year, I have been that they possess the willpower to put called nine times for a policeman shot on those uniforms upon rising each and three times for officers stabbed• morning. And I salute their spouses "At times the police offi· none fatally, thank God. and children, who witness their de• cer needs to discuss his The most dramatic police case I parture for duty each day. problems with someone who have been involved in happened in I enjoy my work. I enjoy fighting fully understands what he is March 1971. A young officer, 21 years for my men. In a force of 5,100 men, up against, yet is detached of age and a Vietnam war veteran, there may be some who are not faith• enough not to be emotion· was shot in cold blood during a drug ful to their oath, bu.t I know so many, ally involved." raid. His young wife had learned only many good officers who reflect tre· that day that she was expecting their mendous credit upon the department,

October 1972 27 DETECTOR DOGS tive utilization. It must be remem• Conclusions bered, however, that the dog has no (Continued from page 11) Canines, regardless of how sophis• more inherent authority to search than ticated they become in their ability to cordingly. Of the considerations men• does the police officer who handles it. detect concealed narcotics, are not a tioned above, the first three are the Therefore, the mere presence of the panacea for the problems confronting most important and will affect a dog's dog does not authorize searches that police administrators. At best, they are ability to find concealed narcotios, re• are arbitrary, indiscriminate, or un• merely valuable adjuncts to proven en• gardless of its technical proficiency. reasonable. forcement techniques. Moreover, there The extent to which they affect a par• Until each dog proves its technical is nothing mystical concerning their ticular animal is merely a matter of de• proficiency, its alert, standing alone, training and employment. The cur• gree. For this reason, competent han• will not suffice to establish probable rent state of the art has made such dling and adherenoe to established cause for conducting a search. Attain• animals a practical reality; however, search techniques are essential. ing the status of an expert witness is in considering employment, police offi• Finally, the requirement for con• practical reality, however, and several cials must carefully avoid the obvious stant inservice training cannot be police departments have done so after pitfall of excessive optimism or ignored. Regardless of how proficient extensive documentation of a particu• extreme cynicism concerning their an animal is when it completes the lar dog's success under field condi• capabilities. ~ training program, its ability will de• tions. As a result, those specific dogs teriorate rapidly if it does not reoeive constant refresher training. The han• dler must also remain abreast of new WATERFRONT developments concerning techniques (Continued from page 21) used by sellers and users to mask the soent of narcotics. The dog, in turn, " .•• legal counsel should become involved in thefts, these must be taught to overcome such de· be consulted before opera· vagrant thieves specialize in stealing ceptive tactics. Normally, at least, 2 tional procedures are de• easily concealed items such as bottled hours a day is required for inservice veloped for utilizing nar· liquor, transistor radios, and small training in order to maintain a dog's cotics detector dog teams electrical appliances. Surveillance by within a particular depart. proficiency. Under some conditions, New Orleans HPD deteQfiVes and however, less time will be required, ment." alerts to beat patrolmen concerning especially if the dog is employed op• stolen cargo have helped officers ap• erationally on a daily basis. Under prehend many of these thieves. these conditions training can be in• Large thefts involving coffee, nutria tegrated along with the assignment. hides, steel, and other commodities can establish probable cause by their have occurred over the years. These Legal Considerations mere alert alone. Until such recogni• thefts have not been as frequent as tion is granted, the general laws of those reported in many other large In order to protect traditional con• search and seizure will apply to all domestic ports. One of the reasons for stitutionalliberties, narcotics detector narcotics detector dog teams regard• this is the limited outlets available for dog teams must always be employed in less of the degree of technical com• disposing of large quantities of stolen consonanoe with the law. Despite cer• petence they demonstrate during goods in New Orleans and the sur• tain limitations, legal parameters are training. To document a team's com• rounding area. When these outlets sufficiently broad to permit their effec• petence, therefore, it is best to employ develop, the port of New Orleans will it initially pursuant to a search war• most certainly become a target for rant or under circumstances where larger thefts, including truck-size authority to search is inherent with the containers and truckloads of cargo. "It must be remembered, mission. Because of these consiaera• however, that the dog has no tions, a legal counsel should be con• Stolen Shipment more inherent authority to sulted before operational procedures search than does the police are developed for utilizing narcotics One recent large theft occurring at officer who handles it." detector dog teams within a particular the port involved 60 rolls of steel rods department. valued at approximately $6,000. A

28 FBI Law Enforcement Bulletin HPD officer and dog check security of valuable container cargo at port facility. ship carrying the rods arrived to have If this theft had been carried out Identification of stolen articles is her cargo unloaded. The ship's cargo without detection, a shortage of 60 another particularly difficult problem. consisted of 13 rolls of steel rods con• rolls of steel rods would have been It does very little good to find an in• signed to New Orleans as well as other determined at Houston, and tracers dividual in possession of suspected rolls of steel rods consigned to Hous• would have been sent to all ports stolen goods which cannot be identi• ton, Tex. The 13 rolls of steel rods where the ship had discharged cargo. fied. A number of years ago, the were unloaded, and through collusion After the tracers had arrived in New steamship companies began using a of cargo clerks, ship personnel, and Orleans and other ports, dock searches uniform cargo theft reporting system. the stevedoring company, 60 addi• and inquiries with logical consignees When a shortage or a theft is discov• tional rolls bound for Houston were would have been made for the steel ered, a listing of the serial number, unloaded. The 60 extra rolls of rods rods. Had none been found, the trac· if any, together with a complete de• were taken from the wharf and sold ers would have been returned to Hous• scription of the item and its carton is to a scrap dealer, who in turn sold ton reflecting that fact. The steel reported. Also reported are the means them to people in New Orleans. The would have been sold, the loot would of shipment, the shipper, and the con• individuals involved in this theft were have been split, and no one would signee. Copies of these reports are caught. have been the wiser. disseminated to the HPD as well as the FBI and the Bureau of Customs. This reporting and dissemination "One of the major contributions to this [slowed rate practice has helped immensely in the of thefts] has been legislation enacted by the Louisiana identification of stolen cargo. State Legislature granting the HPD power to stop and Unfortunately, at the present time. search anyone entering or leaving the wharf area." communications between U.S. ports and foreign ports are inadequate con-

October 1972 29 cerning information on arriving and which were, in fact, followed by con- departing cargoes. An example of this viction, but no disposition showing NEW NCIC is the aforementioned theft of steel that fact was ever submitted. rods. Had complete information been ADVISORY available to New Orleans port authori· Legislation ties concerning that cargo and its des- POLICY BOARD tinations, the theft quite probably In order to provide permanent ELECTED would never have taken place or would authority for this service, the Depart. have been discovered at the outset. ment of Justice has drafted an excel- Recently, the International Associ- lent bill which was submitted to the A new National Crime Information ation of Port Police, of which the Congress about 2 weeks ago. In addi- Center (NCIC) Advisory Policy New Orleans HPD is a charter mem- tion to establishing clear criteria for Board has been elected consisting of ber, was founded_ One of the goals the processing of non­Federal appli- 20 board members, including four of this association is to encourage cant prints, the bill provides for a representatives from each region rep- greater communications between ports means of review of his record by an resenting State law enforcement throughout the world. Through bet- individual and remedial steps that can agencies and one from each region ter lines of communications, increased be taken for correction of any inac- representing a large city. cargo security will be achieved and curacy and sets out both civil and Listed below are the members of cooperation among all segments of criminal recourse in the event of will- the Advisory Policy Board, 11 of the maritime service substantially ful misuse of criminal record infor- whom served on the previous board: improved. mation. This bill has been referred to A few years ago a Lloyd's of Lon- appropriate committees of the House Northeastern Region don agent commented that the "secu- and Senate and hopefully will come rity of the Port of New Orleans is not up for hearings and be resolved dur- • Colonel David B. Kelly excelled in any Port of the world_" ing the remaining months of this ses- Superintendent We of the harbor police are very proud sion of the Congress. Department of Law and Public Safety of this testimonial to our efforts to All of the problems and challenges Division of State Police protect the vital flow of commerce that face us today, not only in the Box 68 through the New Orleans port. The identification field but across the West Trenton, New Jersey 08625 HPD recognizes that its performance whole spectrum of law enforcement, • Mr. William E. Kirwan would not be as effective without the demand that we act in concert to meet Superintendent legislation which gave it necessary au- them. Our own identification field New York State Police thority on the wharves or the splen- looms ever more significant on the Public Security Building 22 did cooperation that exists with other law enforcement horizon. The possi- State Campus law enforcement agencies which also bilities for increasing efficiency in Albany, New York 12226 have jurisdictional interests in the identification services appear limitless • Major Albert F. Kwiatek port of New Orleans. ijl in view of the potential for applica- Director tion of technical knowledge to tra- Bureau of Technical Services ditional skills. In the continual efforts Pennsylvania State Police AUTOMATION at crime reduction, such advances will Post Office Box 2771 be welcomed by the entire criminal Harrisburg, Pennsylvania 17120 (Continued from page 15) justice community as were the innova- • Colonel Walter E. Stone tions of the science of fingerprinting the Congress. It is yet to be resolved Superintendent when it was in its infancy. In a world and one amendment would proscribe Rhode Island State Police Headquarters with population burgeoning, distances the furnishing of an identification Post Office Box 185 record for employment and licensing shrinking, and time telescoping, the North Scituate, Rhode Island 02857 ex- purposes except as it relates to arrests challenges are tremendous. It's • Mr. John R. West followed by a guilty plea or convic- citing for us all to be meeting them in Deputy Superintendent tion. Such approach, of course, once a career dedicated to law enforcement Police Department more underlines the problem of the and embracing a mainstream of soci- 154 Berkley Street numerous records of arrest in our files ety in this great country of ours. ijl Boston, Massachusetts 02116

30 FBI Law Enforcement Bulletin North Central Region Western Region

• Colonel Robert M. Chiaramonte • Mr. Oliver C. Furseth With the location of over 36,000 Superintendent Chief Federal fugitives in FBI investiga- Ohio State Highway Patrol Washington State Patrol Columbus, Ohio 43205 tions during fiscal year 1972, an all- Olympia, Washington 98504 time high was reached. This figure • Mr. Edmund I. Hockaday • Mr. L. Clark Hand included over 2,900 individuals who Superintendent Superintendent Missouri State Highway Patrol had been charged under the Fugitive Idaho State Police Post Office Box 568 Felon Act and who were sought at the JetJerson City, Missouri 65101 Post Office Box 34 request of State and local authorities. Boise, Idaho 83707 In the same period, convictions in • Mr. Clarence M. Kelley Chief of Police • Mr. O. J. Hawkins all FBI cases reached a record high of Kansas City, Missouri 64106 Assistant Director 13,822, resulting in actual, suspended, Identification and Infonnation Branch and probationary sentences totaling • Mr. Robert K. Konkle California Department of Justice more than 52,200 years. Superintendent Post Office Box 608 Indiana State Police Sacramento, California 95803 ~P'~ Indiana State Office Building -ff.?, 100 North Senate Avenue • Colonel James J. Hegarty DATED PROOF Director Indianapolis, Indiana 46204 Arizona Department of Public Safety Charged with willful evasion of • Colonel John R. Plants Post Office Box 6638 income taxes for 1962, 1963, and Director Phoenix, Arizona 85005 1964, a defendant, in an attempt to Department of State Police prove his innocence, introduced into 714 South Harrison Road • Mr. George P. Tielsch Chief of Police evidence at his trial a worksheet East Lansing, Michigan 48823 Seattle, Washington 98104 allegedly used to prepare his 1962 income tax. Southern Region The FBI Laboratory was requested • Colonel R. L Bonar ~~hd~~ to examine and verify the authenticity Superintendent r '/-7-72- of the worksheet. A comparison with West Virginia State Poice POLICE TRAINING paper manufactured in 1971 revealed 725 J etJerson Road SCHOOLS REACH identical watermarks which were the South Charleston, West Virginia 25309 ALL-TIME HIGH manufacturer's mark for that year. • Captain J. H. Dowling When an FBI Laboratory document During fiscal year 1972, the num- Communications Bureau examiner testified that the paper used Police Department ber of police training schools con- for the worksheet was not in existence 128 Adams Avenue ducted by the FBI reached an all­time in 1962, the defendant was found Memphis, Tennessee 38103 high. For the 12­month period ending guilty of the charges against him. June 30, 1972, FBI instructors fur- • Dr. Howard M. Livingston Director nished 87,643 hours of instruction in Police Infonnation Network 10,165 schools attended' by 308,828 INCREASE IN law enforcement personnel. The Department of Justice DISSEMINATION OF III East North Street schools, in addition to basic and in- Raleigh, North Carolina 27602 service police training, included ses- CRIMINAL INFORMATION sions devoted to bombing investiga- • Colonel Ray Pope During fiscal year 1972, the FBI tions, antisniper operations, organized Director disseminated 174,446 items of crimi- crime, racial extremists and violence, Department of Public Safety nal information to local and State law Post Office Box 1456 and police­community relations. Also, Atlanta, Georgia 30301 instructors from the FBI Training enforcement agencies, and 171,084 Division conducted 100 police man- items were furnished to other Fed- • Honorable William L Reed eral agencies. Of the total 345,530 Commissioner agement schools throughout the coun- Florida Department of Law Enforcement try which were attended by 3,248 items disseminated, an increase of Post Office Box 1489 police administrators and command 5,079 over fiscal year 1971, 3,458 re- Tallahassee, Florida 32302 personnel.

October 1972 BOMBING INCIDENTS During the month of July 1972, WANTED BY THE FBI 154 actual and attempted bomb- ing incidents occurred through- out the country. Seventy­one of these bombing incidents involved explosive types of bombs and 83 were situations involving the use of incendiary devices. The per- sons involved used a total of 226 devices in connection with tbe bombing matters. Eighty­six of the devices were explosive in nature and 140 were incendiary. The July total brought to 1,187 the number of bombing incidents reported throughout the Nation, Puerto Rico, and the Virgin Islands during the first 7 months of 1972. Explosive bombs were used in 569 of the incidents while JOHN EMIL LIST 618 were incendiary attacks. A Interstate Flight-Murder total of 1,584 devices were used John Emil List is being sought by Remarks ______Reportedly a neat in connection with the bombing the FBI for unlawful interstate flight dresser. situations, and 638 of the devices to avoid prosecution for murder. A FBI No______215, 305 J 4. used were explosive in nature Federal warrant for his arrest was is· Fingerprint and 946 were incendiary. One classification: sued on December 9, 1971, at New- hundred and ten persons were 23 L 17 W IOI 14 Ref: 17 ark, N.J. injured, and 14 deaths were re- L 1 R 001 3 On or about November 9,1971, List ported in connection with these allegedly shot and killed his mother, bombing attacks. wife, and three children at his West- Caution Geographically, the Western field, N.J., residence. The slayings States reported 473 bomb inci- List, who is charged in New Jersey were not discovered until Decem- dents, the North Central States with the multiple murders of his fami- ber 7, 1971. 302, the Southern States 254, the ly, may be armed and should be con- Northeastern State8 129, Puerto sidered very dangerous. Rico 26, and the Virgin Islands Description three during the first 7 months Age ______47, born Sept. 17, 1925, of 1972. Bay City, Mich. Notify the FBI Height ______6 feet. The leading targets during this Weight ______180 pounds. Any person having information period were residences with 343 Build ______Medium. attacks. Commercial operations Hair ______which might assist in locating this Black, graying. and office buildings were victims Eyes ______fugitive is requested to notify im- Brown. of 281 bombing attacks. Vehicles Complexion __ _ Fair. mediately the Acting Director of the Race ______were targets of 137 reported in- White. Federal Bureau of Investigation, U.S. Nationality American. cidents, and 127 attacks were di- Department of Justice, Washington, Scars and Mastoidectomy scar be- rected at school facilities. Thirty- marks. hind right ear, herni- D.C. 20535, or the Special Agent in five attacks were against lawen- otomy scars on both Charge of the nearest FBI field office, forcement personnel, buildings, sides of abdomen. the telephone number of which ap- Occupations ___ Accountant, bank vice and equipment. The remaining president, comptroller, pears on the first page of most local incidents involved other miscel. insurance salesman. directories. laneous targets.

32 FBI Law Enforcement Bulletin u.s. GOYERIINEltT PRINTING OfI'lCE:1971 0-474-443 FOR CHANGE OF ADDRESS ONLY (Not an order form) l Complete this form and return to: ACTING DIRECTOR

FEDERAL BUREAU OF INVESTIGATION WASHINGTON, D.C. 20535

(Name) (TWe)

(addre3S)

(Oftll) (State) (Zip Oode)

------/ ~~-

TUNED IN Police officers in a northern city recently seized a small transistor radio from a known narcotics user. The working parts of the radio had been removed and the case used to store narcotics paraphernalia. Since it appeared to be an ordinary adio, this unique hiding place for contraband could have been easily overlooked.

Small transistor radio used to secrete NC2rcotics paraphernalia found inside transistor radio. narcotics equipment. UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION WASHINGTON . D .C . 2015315 OFFICIAL BUSINESS

RETURN AFTER 15 DAYS

POSTAG E AND F EES PA I D

FEDE RAL B UREA U OF I NVEST IGATION

JUs-.tl2

TIDRD CLASS

INTERESTING PATTERN

The pattern presented here is classified as an accidental whorl with an inner tracing. The tracing is determined by using the two outermost deltas. It is an interesting pattern in that it consists of a combination of a loop over a central• pocket loop whorl.