Download AUGUST 1977.Pdf

Download AUGUST 1977.Pdf

L nfo~ ellJent Bulle CONTENTS FROM THE DIRECTOR-illS THE FBI OBSOLETE?" An address before the Los Angeles World Af• fairs Council. THE CANINE CONNECTION, by Joe M. Schultea, Sr., Chief of Police, Village Police Department, Houston, Tex. 5 OHIO STATE TROOPERS SHAPE UP, by Col. Adam G. Reiss, Superintendent, Ohio State Highway Patrol, Columbus, Ohio 8 PERSONALITY RECONSTRUCTION FROM UNIDEN­ TIFIED REMAINS, by Donald G. Cherry, Police Artist, Metropolitan Police Department, Wash­ ington, D.C., and J. Lawrence Angel, Ph. D., Curator of Physical Anthropology, Smithsonian Institution, Washington, D. C. J2 THE TRAFFIC OFFICER AND THE MOTOR VEHICLE VIOLATOR, by Capt. Rodney L. Varney, Director of Training, Stamford Police Department, Stam­ ford, Conn. J6 RECOGNIZING THE CHILD ABUSE SYNDROME, by A. Jay Chapman, M.D., Chief Medical Ex­ aminer, State of Oklahoma, Oklahoma City, Okla. 22 STUDENTS AND THE FOURTH AMENDMENT: SEARCHES IN SECONDARY SCHOOLS (Conclu­ sion), by Donald J. McLaughlin, Special Agent, Legal Counsel Division, Federal Bureau of In­ vestigation, Washington, D. C. 27 WANTED BY THE FBI 32 •D.e. THE COVER This month's cover features a drug detection dog and his handler, an officer of the Village Police Depart­ ment in Houston, Tex. IS THE FBI OBSOLETE? * When men become angels and nations abolish international hos­ tility, when corruption and crime are banished from the earth, then the FBI will be obsolete. Indeed, all law enforcement and most gov­ ernmental functions will become obsolete. In the meantime, however, the FBI must continue to discharge its responsibilities in the areas of criIne and national security. And our Government must maintain domestic tranquility and guard against foreign aggression. I do not mean to imply that the FBI. operations-the allegations and reve­ future of our Nation rests solely That mandate should be in the form lations_ upon the FBI's ability to combat of a legislated charter clearly deline­ You know most of our problems crime and to provide domestic se­ ating the FBI's responsibilities and stem from the FBI's handling of its curity and counterintelligence services investigative options in the areas of domestic security and intelligence re­ to our Government. domestic security, foreign intelli­ sponsibilities in past years_ But for some 50 years the FBI has gence, and foreign counterintelli­ And it's certainly no secret that new been the agency our Government gence. restrictions have been imposed on our consistently has pressed into service In our criminal work, Federal stat­ activities and techniques in those during times of national crises involv­ utes, rules of criminal procedure, and areas-restrictions emanating from ing civil strife, terrorism, and foreign­ judicial decisions provide distinct my office, from Congress, the White based subversion. areas of jurisdiction and avenues of House, and the judiciary_ And if the FBI is to be called upon investigation. But that is far from the More restrictions may be forthcom­ in the future to help put out such case in the murky intelligence field. ing_ fires, then there is an urgent need that And it is high time the American Many proposals have been made, has been too long ignored. people and their elected representa­ including at least one which would Continued disregard for that need tives come to grips with the problem. put us out of the intelligence gather­ could result in a less effective re­ There is no need for me to parade ing business completely. sponse from the FBI the next time the before you all the problems that have If that is the will of the people, so national fire alarm sounds. buffeted the FBI during these extraor­ be it. The need of which I speak, and dinary years since Watergate. I don't think it is. I think most which gives rise to my concern, is the You're aware of the exhaustive in­ Americans recognize the importance need for a modern mandate for the quiries that have been made into our of our security and intelligence duties. It's a difficult, demanding, and out a charter spelling out what is a document sanctioning extralegal often thankless job for the Agents in­ expected of it. activity by the FBI. volved. Never again should the FBI be Give us a charter spelling out ef­ Their hours are often long and un­ handed such monumental responsibil­ fective measures that are lawful, and certain. They are under tremendous ities as it was handed in the riot-torn we will abide by it. pressure to effectively cope with ter­ 1960's and early 1970's without But let there at least be a clear pro­ rorist and foreign intelligence agents clearly defined guidelines. cedure for obtaining authority to i while meticulously following all the ever again should other key ele­ take appropriate action when action rules in every situation they handle ments of Government leave the FBI is needed. day by day. Sometimes the rules are to improvise its own policies and Let there at least be a charter that changed, and they must adjust their techniques when bombs are bursting clarifies the scope of the FBI's respon­ techniques accordingly. and buildings are burning on cam­ sibilities in the more obscure areas Most of their successes in the for­ puses and in urban areas- when the of dome tic intelligence, foreign in­ eign counterintelligence field must lie public, the news media, and public telligence, and foreign counterintelli­ forever buried beneath a blanket of officials are clamoring for an end to gence. security. Their misj udgments, on the it. For too long the FBI has been com­ other hand, may well be splashed Never again should FBI Agents be pelled to draw authority from Presi­ across tomorrow's front page. placed under such tremendous pres­ dential directives and Executive or­ The consequences of these Agents' sure to act in the absence of explicit ders originally intended to meet success or failure in the fields of ter­ lawful authority. urgent, specific needs at a given time rorism and foreign counterintelli­ of national crisis, particularly in the gence could conceivably be mani­ area of domestic security. fested in the kind of lives future gen­ The history of the FBI's involve­ erations of Americans will live. :;' This is an address given by ment in intelligence matters is clo ely We Americans have lived in a the Honorable Clarence M. interwoven with peaks and valleys in democracy and a system of free en­ Kelley, Director, Federal the national mood toward domestic terprise for 200 year ; but it would Bureau of Investigation, be­ security. be folly to assume every country in fore the Los Angeles World It began, perhaps, in a peak period, the world is now content to let us AfTairs Council, Los Angeles, when the Bureau of Investigation, continue to do so for another 200 Calif., on May 18, 1977. predece or of the modern FBI, was year . given foreign and domestic security I have said before, and I now re­ re ponsibilitie during World War I. iterate, the intelligence initiative of In 1917, Congres enacted the e­ the Communi t powers against the These things can be avoided. And a lective ervice and Training Act, the United States continue unabated. legislated charter, a modern mandate, Espionage Act, and the Trading with Communist doctrine is such that, de­ could go a lQng way in accompli h­ the Enemy Act, followed in 1918 by spite any progress in, for example, ing that. the abotage and Deportation Acts. arms limitation talks, the Communist Attorney General Bell i in full ac­ Responsibility for enforcement fell, "wars of liberation" probably will cord that uch a charter is needed. He for the mo t part, upon the Bureau continue throughout our lifetime and already has instructed that a com­ of Investigation. for generation to come. And the term mittee begin work on a proposed Very oon the Bureau and the At­ "wars of liberation" translate all too draft. The FBI is repre ented on that torney General were in hot water. ea ily, for some, into "campaigns of committee. The incumbent Attorney General, terrorism. " What should that charter provide? Thoma W. Gregory, and the Chief. And we Americans mu t ee things How broad hould it be in scope? of the Bureau, A. Bruce Biela ki, con­ as they are, not as we would wish How detailed should it be in it pro­ ceived what they felt wa an answe~ them to be. vision ? Should it contain procedures to a manpower problem. The Ameri­ While we are reaffirming the indi­ to enable the FBI to act, with appro­ can Protective League (APL), com­ vidual's right to privacy, while we priate authorization, when extraordi­ po ed of well-meaning, zealously pa­ are instituting, quite properly, firm nary circum tances demand prompt triotic, private individuals was forme mea ures to assure that the FBI toes action a they did in the 1960's? Let a a citizen auxiliary to "assi t" th the line of legality, let us also hammer there be no mistake, I do not advocate Bureau of Jnvesti o-ation. But also, ad 2 FBI Law Enforce ment Bulletin hoc groups took it upon themselves to In October 1920, a young lawyer But by the early 1930's, with big investigate what they felt were un­ named John Edgar Hoover wrote a trouble brewing in Europe, Congress American activities. report to the Attorney General on the was anxious to launch the FBI into Despite good intentions supported activities of the operations he headed, domestic intelligence investigations by many Americans, one of the sad the Department's General Intelligence against both Communist radicals and results was the denial of constitutional Division.

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