Box 12, Folder 28, Document 14

Box 12, Folder 28, Document 14

JULY 1967
LAW ENFORCEMENT BULLETIN
r7 therefore believe it is my duty to
my country to love it, to support its
constitution, to obey its laws, to respect
its flag, and to defend it against all
enemies.
•
JJ
WILLIAM TYLER PAGE
FEDERAL BUREAU OF INVESTIGATION
JD EDGAR HOOVER, DIRECTOR
UNITED STATES
DEPARTMENT OF JUSTICE
�JULY 1967
VOL. 36 NO. 7
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THE COV ER- Patriotism and respect /o r the
fi ag. S ee Mr. Hoove r's
message on page 1.
--
LAW ENFORCEMENT BULLETIN
CONTENTS
Message From Director]. Edgar Hoover .
1
An American Policeman in England, by Lt.
R obert C. Mitchell, Multnomah County Department of Public Safety, Portland, Oreg.
2
Search of Motor Vehicles (Part V)
7
Seeing More While Looking Less, by C. Alex
Pantaleoni, Coordinator of Police Science, Rio
Hondo Junior College, Santa Fe Springs,
Calif. .
9
A Public Safety Cruiser, by Warren Dodson,
Chief of Police, Abilene, Tex.
12
The Silent Witness
17
FEDERAL BUREAU OF INVESTIGATION
Wanted by the FBI
24
UNITED STATES DEPARTMENT OF JUSTICE
Tribute to Peace Officers
Published by the
Washington, D.C.
20535
( inside back cover)
�CAN THERE BE ANY ACT more sickening and
revolting than a crowd of so-called citizens desecrating and burning their country's flag? Those
who resort to such moronic behavior are surely
lost in the depths of depravity. Obviously, their
first loyalty is not to the United States.
emphasized and excluded from several phases of
our life. Many educators and other leaders seem
to feel it is no longer necessary for boys and girls
to be concerned with how our country came into
being, what it stands for, and the courageous and
noble deeds of our forefathers to preserve it.
True, our Nation is founded on concepts and
principles which encourage dissent and opposition. These are traditions we must always defend
and support. But touching a torch to the flag far
exceeds reasonable protest. It is a shameful act
which serves no purpose but to encourage those
who want our country to erupt in violence and
destruction.
Conditions are now such in some circles that
an individual who professes love of his country,
reverence for its flag, and belief in the principles
which make our Nation great is considered a
yokel. Open aversion to patriotism of any form
is increasing. Even some news media take a
"tongue-in-cheek" approach to persons and
groups which promote and pa1iicipate in patriotic
endeavors. Love of one's country is treated as
some kind of social disease to be tolerated, if not
stamped out. Protests are made that too much
patriotism leads to international conflict. I submit that the United States will never have anything to fear from its ardent and genuinely patriotic citizens.
On this 191st anniversary of the Declaration
of Independence, we might ask what causes unpatriotic outbursts and irrational protests. Why
do people turn against their native land and
openly support totalitarian forces whose goal is
to enslave the world- forces which do not even
allow token opposition from their subjects ? Why
do some individuals refuse to serve and defend
their country? Why do they burn their draft cards
and their flag?
There may be many reasons for such action,
but I am fully convinced that dying patriotism
is one major cause. Love of country is being de-
JULY
1, 1967
American history proves that freedom and liberty come at high prices and that their upkeep is
costly and time-consuming. As Daniel Webster so
aptly put it, " God grants libe1iy only to those who
love it and are always ready to guard and defend
it. Let our object be our country . . . "-not our
country the object of desecration and abuse.
�An American
Policeman
•
1n
England
Lt. ROBERT C. MITCHELL
Multnomah County Departmen t of
Public Safety,
Portland, Oreg.
Lightweight motorcycles are used to patrol extensive rural beats.
An American police officer, for a period of 6
months, exchanged home, car, and job with his
English counterpart in an experiment in the
observation of police work in a foreign country.
�Law Enforcement
Foreign Exchange
Experiment
0
n April 1, 1966, I began a 6month tour of duty with the Lancashire Constabulary, England's second largest police force. At the same
time, Chief Insp. John P. Kennard, of
the Lancashire force, was assigned to
the Multnomah County Sheriff's Office, Portland, Oreg., to study our organization and methods. To the best
of our knowledge, this was the first
direct exchange of police personnel
between an American and a foreign
police agency. I t should not be the
last. The exchange was total in that
we traded houses and a utomobiles as
well as jobs during this period .
Personal problems arose almost immediately, b ut none were beyond solution. For example, both of our insurance companies had to be contacted
and their feelings determined as to
continued insurance coverage on the
automobiles. Chief Inspector Kennard
I fo und that the fir ms with
which we dealt were fascinated by the
idea of the exchange and were more
than glad to give us their full cooperation. My own children are grown,
but Chief Inspector and Mrs. Kennard
were bringing their two daughters,
Paula, age 3, and Alison, age 9, to the
United States. Our local elementary
school was delighted with the idea of
enrolling Alison for the balance of the
school term. House payments and
the forwarding of pay were left in the
competent hands . of the assistant
cashier of our bank.
Advantages of Venture
There are tremendous advantages,
both personal and professional, for the
police officer chosen to participate in
such a venture. The exposure to different concepts, tools, techniques, and
training methods is bound to create
a thirst for further knowledge.
The exchange certainly changed
any_preconceived ideas of ours about
the " typical" Englishman. We had
prnbably seen too many motion pie-
tures depicting stereotyped roles of
the English and heard too many jokes
about their lack of a sense of humor.
We found a warmhearted, generous,
and hospitable people with a sense of
humor as keen as our own.
There are differences in living conditions, monetary systems, and many
of the things which we take for
granted in -t he United States. We
found no real difficulty in adapting to
these differences.
Housing, or a housing allowance,
is provided for the British policeman
by his force. Thus we found ourselves housed in one of a row of nine
police houses. They were more or
less identical, of standard brick construction, and heated by coal fireplaces. Our neighbors were policemen and their families. Some of the
friendships formed with our neighbors will last a lifetime.
I believe that living under these
conditions proved the necessity of a n
Chief Supt. William Little
(right), uN" Division
(Ashton-Unde r-Lyne ),
and Lie ute nant Mitche ll.
a'~a
July 1967
3
�and as a result we both found ourselves being invited to speak to various civic organizations. It is our
hope that we left a good impression of
Americans with those organizations.
The Unarmed Police
Lieutena nt Mitchell chats with offi cers in the communications section, a vita l public service in
all police departments.
officer involved in such an exchange
being accompanied by his wife a nd
famil y. It would have been difficult,
if not impossible, fo r a single man to
have fitted in with the fa mily atmosphere of this police community.
Scope o f the Exchange
Inasmuch as this was to be a new
experience, neither my sheriff nor I
was in a position to know just what
we should consider as the scope of
the experiment. I was given specific
a reas to study : The penal system, the
use of the summons as opposed to
physical arrest, and the relationship
of the British police with the public
they serve. Beyond these three points,
I was given a free hand to delve into
anything I felt would be of value to us.
Chief Constable Col. T. Eric St.
Johnston was on a world tour at the
time of my arrival, but he had left
instructions that I was not to be " desk
bound" but was to be left ver y much
as a free agent to come and go as I
4
saw fit. Visits had been scheduled
for me with police fo rces in England,
Scotland, Northern Ireland, and the
Isle of Man.
Although b ased at Lancashire Constabular y Headquarters, I visited each
of its 18 divisions as well as 15 other
police forces, In every case I was
given any information I requested,
shown anything I wished to see, and
given free access to anything I fo und
of interest. Each fo rce visited had
ar ranged both professional and social
engagements which they felt would be
of value and interest to both Mrs.
Mitchell and me. As a result, we h ad
access to ma ny places and activities
that no tourist would ever have.
Thro ugh these programs we were able
to broaden our outlook far beyond
the confines of the police service.
Being cast in the role of an ambassador of good will came as something
of a surprise, but both my wife and I
fo und ourselves placed in this position. P ress and television coverage
of the exchange was quite extensive,
After 22 years of close association
with a sidearm, it was both pleasant
and disconcerting to find myself work ing with policemen who neither use
firearms nor care to use them. This,
of course, was the first difference to be
encountered in our two police systems
and was the one on which I was most
often questioned. The arming of the
British police became the subj ect of a
great deal of public controversy when
Detective Sgt. Chris Head and P olice
Constables Geoffrey F ox and David
W ombwell were slain in London on
August 12, 1966. Oddly enough, the
police were not nearly as enthusiastic
about being armed as the public was
about a rming them.
In my opinion the answer to this
problem may lie in stiffer prison sentences for those criminals wh o use a
gun against an unarmed society and
unarmed police fo rces. The British
policeman has spent nearly 150 years
in building the tradition of keeping
the peace without the use of firearms.
This is a tradition which should be
kept as long as it is possible to do so.
I t would be h ighly improper if I
were to create the impression that the
police are completely inept in the use
of firearms. Every force has a num ber of men trained in the use of weapons, and the equipment i available
for issue when it is needed .
Standard ization
The British police enjoy a standardization of many elements of the
police service that may not be attainable in the United States. P a y scales
are the same in all E ngli h forces,
with the exception of London, which
FBI Law Enforcement Bulletin
�allows a cost-of-living adjustment.
Entrance requirements may vary
slightly from force to force, but conditions of service are the same in all
forces. This standardization is also
found in training, uniforms, and retirement benefits. It would appear
that the key to standardization is the
50 percent grant from the national
treasury of the annual budget of each
police force.
Every force is inspected annually
by one of Her Majesty's Inspectors
of Constabulary. His report, indicating that the force is up to standards,
determines whether the grant will be
allo wed. Although placin g chief constables in a ver y advantageous position when presenting the p olice budget
to their local authority, this system
does place the national government
squarely in the local police picture.
Any suggestions presented to the chief
constables by the Home Secretary will
usually be implemented. Without a
doubt, this is the major factor in
achieving the uniformity which I
found so impressive.
Training Program
The value of standardization is most
apparent in the training program.
England is divided into eight geographic police districts, each with a
district training center.
Recruits
from every force in the district train
together and take the same 13-week
basic training course. This concept
of training is possible where criminal
law is national in scope rather than
regional, as in our own State statutes.
Women police constables in patrol cars undertake the same duties as the men but especially
concern themselves with cases involving women and children. The police car is white so
that it can be readily identified as a police vehicle.
Training does not stop at the recruit
level. Inservice training is carried
out within the forces, · and refresher
courses are offered at the district
trammg center. Specialized courses
are frequently given in the larger
forces with vacancies in the class held
open for officers from surrounding
forces.
One of the more interesting inservice training courses is the refresher
course for sergeants of the Lancashire
Constabulary. It is based on a concept of three R's:
1. Relax-by virtu e of short hours, no pres-
sure, and long weekends.
2. Refre sh- the officer's kn owl edge of th e
latest laws and court decisions.
3. Ren ew- the officer's enthusiasm for his
job, the department, and th e future.
Supt. Walter Butterworth, now retired, assured me that the relaxed atmosphere, the roundtable conference
approach to teaching, a nd the complete lack of pressure do send the men
back to their posts with a far better
outlook on their job.
The Police College at Bramshill is
the seat of higher education for the
whole of the English police service.
The 6-month Senior Staff Course
trains officers of the rank of inspector
and above to assume the highest posts
in the police service. The Intermediate Command Course, lasting 3
months, is designed to train inspectors and chief inspectors in the responsibilities of posts held by superintendents and chief superintendents.
Sergeants and newly promoted inspectors attend the 6-m onth " A" Course
to prepare them for the duties of inspector and chi ef inspector.
The Special Course impressed me
with the potenti al of hav in g tremendous impact on the British police service of the future. Young offi cers of
outstanding pro mise, wh o have passed
hi gh ) n pro motio nal examinations,
are assig ned to this 1-year course
under a q uota system. They are
given the temporar y ra nk of sergeant
5
�for the duration of the course, the
rank being made permanent after the
successful conclusion of their studies.
There are a number of scholarships
available for the outstanding officers
in the class to continue on to university studies.
I would hope that the P olice College
program could be expanded to accommodate far more students. The
coll~ge graduated 448* men and
women in 1965 from a total authorized police strength of about 95,000.
Crime prevention and public relations are sometimes treated as sepa-
On the day I inspected this installation, police were keeping a parking lot
and a city street with a high crime
rate under surveillance. Any suspicious activity was reported to plainclothes officers on the ground who immediately investigated !he situation.
In addition to setting up many good
arrests, this system appears to keep
many of the thieves · off balance, as
they are never quite sure where the
television will be installed next.
With the cooperation of BBC and
the independent television stations,
the police sponsor regional programs
Officer and police dog patrol a children's playground at Kirkby near Liverpool .
rate fun ctions, but to me they appear
to interlock to such an extent that it
is difficult to tell where one stops and
the other begins. Most of the forces
I visited had assigned offi cers to the
crime prevention detail on a full-tim e
basis, and these men were very devoted to the program. In addition to
the expected posters, pamphlets, and
personal contacts with business people, I found two techniques th at were
of great interest.
The Liverpool City P olice have
mounted mo vable television cameras
atop one of the do wntown buildings.


R eport o f H er i\ laj cs ty·s Ch ief Ins pec tor o f Co n stnbu lnry for th e Year, ] 965 (Lond on: Her Majes ty' s


Sta ti onery Office, 1966), p. 33 .
6
with such titles as " P olice File" and
" P olice Five." These programs are
on the air during prime time in the
evening, and public reception and reaction are excellent. The usual fo rmat might show a photograph of a
wanted man, a certain type of vehicle
the police are looking fo r , a list of
stolen items, and a missing person .
" Police File" is aired at 7 p.m. on
Frida y over Granada TV. The ro ugh
scri pt is written by the Manchester
City P olice public relations offi cer and
is then poli shed by television script
writers under his supervision. T his
is not an attempt at censorship or co ntrol by the television people, but is
designed to convert the script from
police language to television language.
Forty-eight police forces in the
Granada viewing area contribute to
the program through the Manchester
Police.
Displays
Also of particular interest and value
are large assortments of locks and security devices displayed by most crime
prevention officers and · provided
through the courtesy of the manufacturers of such hardware. Many
officers pointed out that the businessman should be invited to the police
station to view these displays privately. There was a strong suspicion that
the local burglars would enjoy attending any public display of such security devices.
During my tour in England, I had
the pleasure of visiting the following police departments: Lancashire
Constabulary, P reston Borough P olice, Ro yal Ulster Constabulary, Liverpool City P olice, Isle of Man Con stabular y, Manchester City Police,
Birmingham City P olice, Coventry
City P olice, Stockport Borough Po lice, Blackpool Boro ugh Police, City
of London P olice, London Metrop olitan Police, Southport Boro ugh P olice,
Edinb urgh City P olice, Glasgow City
Police, and Durham Constabulary.
The British Police m an
I have touched briefl y on a few of
the many facets of the British police
service. I should like to generalize
a bit and attempt to describe the
Br itish policeman . He is a first-rate
police officer by the standar ds of any
p olice agency known to me. He is
gro3sly underpaid when one weighs
his respo~sibilities against those of
men employed by British industry.
He perfo rms the deeds of valor which
a re expected of policemen everywhere.
The 1965 report of Her Majesty's
( Continued on page 16)
FBI Law Enforcement Bull eti n
�Search
of
Motor
Vehicles
This is the fifth of a series of articles
discussing the Fecleral law on search
of motor vehicles.
VI. Consent Searches
The constitutional p r o t e ct i o n
against unreasonable searches and
seizures provided by the fourth
amendment can be waived by the express consent of the person whose·
property is to be searched. On Lee v.
U.S., 343 U.S. 74-7 (1952 ) . Because
of the obvious advantages it offers
over the search by warrant or incidental to arrest, the consent search
has become a popular method of
sec uring evidence from suspected offenders. Where properly obtained
from the party in interest, it _avoids
the requirements of probable cause
and particularity of description necessary to a valid warrant. And since
it need not be tied to an arrest, the
contemporaneo us factors of time and
place associated with the incidental
search are also inapplicable. But it is
precisely because thi s technique circumvents these traditi onal safeguards
of privacy that consent searches are
looked upon with disfavor by the
courts.
When one consents to a search of his
automobile, it is said that he waives
any constitutional right of privacy he
might otherwise en joy over the vehicle or any property contained therein. And as in all situations involving
a waiver of fundamental constitutional rights, it can be expected that
the pr,osccution will have to meet a
hi gh standard of proof. Johnson v.
Zerbst, 304 U.S. 458 ( 1938) . In general, the limitations set on consent
searches are the same considerations
that have been employed in the past
in determining the voluntariness of
confessions. Thus the courts have held
that consent must be given in circum263-817 0 - 67- - 2
stances free of "d uress or coercion,"
that it be " knowingly and intelligently:' given, and that it be stated in
a "clear and unequivocal" manner.
Because these determinations generally involve inquiries into the subjective state of mind of the suspect, the
officer, or both, they present practical
difficulties in judicial supervision
which more often than not are resolved in favor of the criminally
accused.
A. Duress or Coercion
Applicability of the fourth amendment guaranty of immunity from unreasonable searches or seizures is not
dependent upon any affirmative assertion by the private citizen. U.S. v.
Rembert, 284. F. 996, 998 (1922);
Dacle v. State, 188 Okla. 677, 112 P.
2d 1102 (1941) . To hold otherwise
would require the individual to make
the difficult choice either of challengin g the officer's authority, perhaps by
force, or waiving his constitutional
rights through inaction. I bicl. Thus,
in many cases where a consensual
situation is in issue, there is no overt
indication that the person voiced objection or otherwise contested the
search. The courts must therefore look
to the surrounding circumstances to
determine whether or not the purported consent was induced by pressure or coercion. Peaceful submission
under such circumstances is not consent but simply acquiescence to higher
authority and cannot lawfully support
a search without a warrant. U.S. v.
Rembert, supra; Johnson v. U.S., 333
U.S. 10 (194-8) ; Amos v. U.S. , 255
U.S. 313 (1921).
There is, of course, no easy yardstick by which to measure the degree
7
�of coercion or duress necessary to
vitiate an expressed consent, for this
must depend upon the characteristic
facts of each case. Nonetheless, it is
possible to identify several factors
which generally influence the courts in
making this determination. It has
been held, for example, that the attitude and conduct of the advising officer are an important consideration,
particularly where they might indicate
that he had intended to search in any
event. If he states peremptorily,
"Open the glove compartment," or "I
want to look in the trunk of your car,"
it is likely that this will be viewed as
coercive. The courts have also pointed
to such factors as undue emphasis on
authority and even an aggressive manner as being sufficient to invalidate
consent. U.S. v. Kelih, 272 Fed. 484
(1922). Similarly, the time of night,
U.S. v. Roberts, 179 F. Supp. 478
(1959), number of officers seeking
consent, U.S. v. Alberti, 120 F. Supp.
171 ( 1954,) , display of weapons or
other symbols of authority, U.S. v.
Marquette, 271 Fed. 120 (1920), or
presence of the suspect's family during questioning, Catalanotte v. U.S.,
208 F. 2d 264, (1953) , all tend to
create a strong implication of CO·
ercion.
It is important therefore that the
police avoid use of demanding words
or gestures or any comment which
might be construed to mean that the
subj ect has no ch oice but to allow a
search. This issue often arises when an
officer threatens to procure a search
war rant if consent is not given. It has
been held by some courts that permission given under these circumstances is a mere submission to a uthority and that the individual yields
his rights only because he feels there
is no reasonable alternative but to
consent. U.S. v. Baldacci, 42 F. 2d
567 (1930); U.S . v. Dix on, 117 F.
Supp. 925 (194-9) ; see also, Weecl v.
U.S., 340 F. 2d 827 (1965 ).
On the other hand, it is arguable
8
that knowledge that one cannot lawfully prevent a search indefinitely
may enable him to make a more intelligent decision as to whether and
how much he will cooperate. It is not
required, of course, that the individual desire a search be made of his
property, but only that he make a
free and voluntary choice on the matter. Accordingly, some cases hold that
where the officer in good faith informs a party of the likelihood that a
~varrant will be issued, he does no
more than advise the _suspect of the
legal alternatives confronting him,
and, i"n the absence of any aggravating circumstances, this factor alone
will not invalidate the consent. Simmons v. Bomar, 230 F. Supp. 226
(1964) .
This line of reasoning is implicit in
Hamilton v. State of North Carolina,
290 F. Supp. 632 (1966 ) , wh ere po·
lice, alerted to a recent safe robber y,
arrested the defendant near his automobile. The arresting officer asked for
permission to search the car, stating
that he did not have a warrant with
him but could get one if necessar y.
The defendant replied, "There is no
need of that. You can search the car ."
He then handed the keys to the officer
who searched the vehicle and found a
pistol. In denying a petition for
habeas corpus, the Federal district
court ruled, " The fact that the officer
told [the defendant] that he did
not have a search warrant but that he
could get one is immaterial." Citing
an earlier appellate decision, the court
stated, " a defendant cannot assert the
illegality of a search made with his
consent, though given in response to
a threat to procure a search warrant."
!cl. at 635. See, Gatterdam v. U.S. ,
5 F. 2d 673 ( 1925 ); K ershner v.
Boles, 212 F. Supp. 9 ( 1963 ), modified and aff'd, Boles v. Kershner, 320
F. 2d 284, ( 1963) . There is common
agreement, however, that if the consent is obtained through fra ud, deception, or misrepresentation regard-
mg either the officer's authority or
intention to secure a formal warrant,
the search will be invalid. Bolger v.
U.S., 189 F. Supp. 237 (1960 ) , a:ff'd
293 F. 2d 368, rev'd on other grounds,
371 U.S. 392 ( 1963 ) ; Pekar v. U.S.,
315 F. 2d 319 (1965 ) ;U.S. v. Wallace, 160 F. Supp. 859 (1958) .
One of the more troublesome issues
of consent arises when permission to
conduct a warrantless search is obtained from one who is under arrest
or otherwise subj ected to official restraint. Since intimidation and duress
are necessarily implicit in such situations, it is especially difficult for the
prosecution to convince the court that
the waiver was given free from negating pressure or ·c oercion. U.S. v. Wallace, 160 F. Supp. 859 (1958 ) . But
while some courts consistently view
consent given b y one in police custody
as invalid, Judd v. U.S., 190 F . 2d 649
(D.C. Cir . 1951 ), most Federal courts
will inquire into the total circumstances of the case. Burke v. U.S. 328
F. 2d 399 (1st Cir.) , cert. denied, 379
U.S. 84.9 ( 1964); U.S . v. Paradise,
253 F . 2d 319 (2d Cir. ) (1958 ) ; U.S.
v. Perez, 242 F . 2d 867 (2d Cir. ),
cert. denied, 354, U .S. 941 ( 1957 ) ;
Gendron v. U.S ., 227 F. Supp. 182
(1964,) ; Kershner v. Boles, supra;
Hamilton v. State of No rth Carolina,
supra.
On the other hand, where condi tions of the restraint indicate a high
probability of intimidation, consent
by the person in custody will usually
be invalid. This is often the result
when a display of firea rms or other
open show of force is made during
the course of the arrest. Thus, in one
case police officers, exhibiting drawn
pistols and riot gun, stopped the defendant's veh icle an d placed the occupants under arrest fo r vagrancy a nd
auto theft. One of the offi cers asked
the defendan t, Weed, about a vehicle
parked approximately one and onehalf blocks a way from the scene of
( Continued on page 20)
FBI Law Enforcement Bulletin
�A New Application of an Established Technique-
Less
[seeing I
Looking
More
While
Law
enforcement officials are constantly seeking new and productive
means to solve old and persistent problems. Rapid technological advances
mark the pattern of growth of today's
police forces, but sometimes a new
and modified application of an old
method proves highly effective.
Such is the case with the proposal
presented in 1964 to the California
Peace Officer's Training Division by
the California Optometric Association. In charge of the research proposal was Dr. Arthur Heinsen of San
Jose.
In 1964 vision science as applied
to law enforcement was a new application of an already known and established training technique. During
World War II many courses were developed for aircraft spotters and other
military personnel receiving tachistoscopic training. Such a course conJuly 1967
sisted of Hashing silhouettes of various aircraft, naval vessels, and other
military equipment on a screen for a
fraction of a second. With speedy
identification as their ultimate goal,
the military was very successful with
this type of training. However, after
the war, the consequent reduction of
a constant need created obsolescence
for the tachistoscopic training.
With an official of the California
State Department of Education, Dr.
Heinsen and I explored the feasibility
of a pifot research study to present
a new application of the tachistoscopic
tramm g. Our final project involved
the development of an optometric
program applicable to law enforcement personnel and suitable for possible incorporation by the department
of education into a teaching manual.
The manual would then be available
to local law enforcement agencies
C. ALEX PANTALEON!*
Coordinator of Polic-e S·cience,
Rio Hondo Junior College,
Santa Fe Springs, Calif.


M r. P an taleoni recei ced his Bachelo r of A rts t11l d


Maste r of S ci ence degrees from California Sta t e
College and has done additional gradu at e work nt
U.C .L.A. and the Unive rsity of Washington.
9
�which would be able to conduct their
own local program.
The necessary funds for the pr oj ect
were made possible by a contract
grant from the department of education to the California Optometric Association to develop and prepare a
teaching syllabus that included equipment, supplies, and training aids.
Early in the development of the program, it became increasingly evident
that at least one complete course would
have to be offered prior to completion
of a syllabus worthy of distribution.
Accordingly, the Rio Hondo Junior
College participated in a National Defense Education Act grant which provided matching funds for the cost of
initiating this type of pilot program.
Three-Part Program
The theor y of vision was the first
a rea wherein the optometrist could apply already established and known
training procedures. Already in use
and available for application to this
program was a basic slide series prepared by Dr. Ralph Schrock of Chula
Vista. This excellent slide series was
used in the beginning phases of train. ing with the tach istoscope. The use
of symbols, such as numbers, letters,
and geometric configurations, applies
training techniques similar to those
currently used in speedreading. This
method begins by h aving the students
view one digit for a fraction of a second and thereafter three, four, five,
and more digits. This allows the students to develop their perception and
" after-image recall" so that they perceive more in a given time period.
As a second step, the motivation fo r
police officer personnel required the
use of numerous law enforcement
"s~enes," which were prepared in cooperation with the Los Angeles P olice
Department and the Los Angeles
County Sheriff's Department. As a
one-man patrol unit, an officer remains extremely busy while driving
25 miles an h our on routine patrol, operating his radio, and referring to a
list of stolen cars. When he passes an
alley, he has but a fraction of a second to glance down it and determine
whether any police action is needed.
Frequently, he is already past the alley
at the time of his mental reconstruction of the perceptual "after image."
T his was only one of the many areas
that were developed to orient the program toward law enforcement.
Students in the program use p eriph e ral s timulators to increase more accurate fi xa tions.
The initial phase of letters and numbers rendered itself very naturally to
the speedy identification and recognition of license plate numbers. After
the initial slide series, numerous license plates were flashed on the screen
and, thereafter, pictures of autom obiles were placed on the screen to simulate various driving conditions which
might be encountered by the patrol
officer.
The third phase involved actual eye
training, using specialized equipment
developed by Dr . Schrock in cooperation with the Keystone View Co.
The first pilot program was ready
and offered on a test basis in the
spring semester of 1965 at Rio Hondo
Junior College. The course was designed to cover 30 h ours on the basis
of a 2-hour class twice a week. However , the initial pilot course was for
34, h ours, with the additional h ours at
the beginning a nd end devoted completely to testing. T his comprehensive testing si:rved to properly evaluate the total project and was not
merely a part of the traihing program.
T esting With a Control Group
Twenty-six students from 14 different law enforcement agencies started
the program. A group of 25 officers
from the Los Angeles P olice Department's cadet class was chosen as the
control group. Accordingly, both
groups were tested with tachistoscopic
slides and a series of timed tests developed by the Califo rnia Test Bureau.
The parts of the multiple aptitude tests
that were used were :
( 1 ) Factor II: P erceptual Speed:
Test 3-Language Usage.
Test 4--Routine Clerical
Facility.
(2) F actor IV : Spatial Visualization.
Test 8-Spatial Relations,
two dimension.
Test 9- Spatial Relations,
three dimension.
FBI Law Enforcemen t Bulleti n
�The group scheduled to undergo the
training was further tested for peripheral vision and possible vision deficiencies. Two of the students needed
glasses, but they were allowed to continue the program and their improvement was measured accordingly.
Because of its initial testing and its
research problems, the pilot course
was conducted by local optometrists,
Dr. Homer Hendrickson and Dr. Luprelle Williams. These two optometrists studied , reevaluated, and rewrote the course as it progressed.
In short, the course consisted of
three basic phases for each session.
The first phase involved vision theory,
which explained the functions of vision memory and the various structures which permit vision . The second phase of instruction revolved
around tachistoscopic training, using
the basic law enforcement slide series.
The third pha3e involved actual exercise and development of vision skills
throu gh use of optometric equipment
developed by Keystone Co. The vision science kits included stereoscopes, plus and minus lenses, peripheral stimulators, and chiro-3copic
drawings as well as manuals on their
use. Two students used a kit on a
"coach-buddy" system. It should be
noted that the kits cost $125 each and
refill consumable supplies for each kit
cost $25.
At the completion of the course, both
gro ups we re again tested. Comparison of the two sets of tests provided
an evaluative basis inasmuch as the
Los Angeles P olice Department cadets
had been given no specialized visual
training. The results were evalu ated
by Dr. Melvin H. Dunn , an analytical psychologist and chairman of special services education at the University of Nevada, Reno, Nev. His
complete report confirms that there
was a high degree of improvement on
the part of the trainin g program
g ro up. Definite improvement was
achieved in speed and adjustment of
July 1967
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h','I '
S \tf!tJ&. \\'t.S!tOS .,
Students improve the visual ability of their eyes to converge accurately and quickly at various
distances.
fo cus, span of perception, and "afterimage recall." In addition , Dr.
Dunn's report indicates the training
was more beneficial for yo unger students than it was for older students.
There also appeared to be a correlation between I.Q. and vision ability.
The self-evaluation reports prepared
by the sudents indicated certain unexpected
benefits. One
student
stated he was an avid golfer and that
the course had taken five or six
strokes off hi s handicap because he
was able to judge distances more accurately. Another
student
who
played in a semiprofessional softball
league indicated his batting average
had improved over 20 percent.
Additional Studies
Followup 3tudies made 6 months
later indicated a reduction in proficiency. The optometrists felt that
this loss could be reduced to a negligible percentage if the trained officers
were assigned to patrol functions exclusively after their training. This
procedure might help the officers
maintain their acuity through prac-
tice. The expected net result of the
officer's maintenance of his improved
visual acuity is the reality of a "foureyed" one-man patrol unit.
The coune, taught by Dr. Williams,
was again offered by the college in the
spring of 1966, at which time several
preservice police science students
were also enrolled. The improvement
noted after the course was very similar to that in the pilot pro gram; however, the improvement was much
greater in the younger students between the ages of 19 and 22, thereby
suggesting that this training be conducted for recruits rather than for
older officers. The college is offering
the course again this year.
The California State Department ·o f
Education is proceedin g with the production of the teaching syllabus as
well as conducting programs throughout the State. Dr. Williams is most
satisfied with the results of the program and feels very strongly that this
course can be presented throughout
the country if it is taught by an optometrist who is familiar with the program. Rio Hondo Junior College has
added this course to its vast police curriculum.
11
�A Public Safety
Cruiser
l
WARREN DODSON
Th e A bilene sa fety cruisers have the necessary equipment for any emergency.
Chief of Police,
Abilene, Tex.
Abilene to the public safety cruiser
which was inaugurated in February
of 1963. Since then its sound in
emergency situations has become a
source of comfort and solace to many
of Abilene's citizens.
Purpose of Cruiser
"D
ogs were once content to howl
at train whistles, fire trucks, and
Civil Defense sirens. Now they have
another electronic tormentor. It's the
'yelper' on the Abilene Police Department's new public safety cruiser.
Every time the powerful wagon roars
off to the scene of a bad wreck or
other emergency, the dogs join in the
chorus."
This excerpt from an article which
appeared in the Abilene Reporter
News shows the immediate reaction of
12
FBI Law Enforcement Bulletin
Capable of performing a multitude
of tasks relating to public welfare and
safety, our public safety cruiser is
a multipurpose police unit designed
and equipped to render service and
protection for citizens while aiding in
the enforcement of laws.
As a police unit, public safety officers are responsible for the enforcement of all laws of the State of Texas
and the city of Abilene. They respond to all calls of the police
dispatcher just as any other police
unit. The safety cruiser is assigned
to a district to patrol with due regard
for the enforcement of all laws including those pertaining specifically to
traffic. However, as a specialty unit,
it is not assigned to investigate traffic
accidents, handle domestic problems,
or transport prisoners. Likewise, it
July 1967
is not required to respond to calls involving misdemeanors~ unless the call
is an emergency.
As a public safety unit, it responds
to all major accidents where persons
are injured for the purposes of rendering first aid, releasing trapped persons, and preventing fire. The cruiser
responds to all calls of an emergency
nature, such as drowning cases in
which they use scuba diving equipment to dive, locate, and recover the
victims and render what first aid is
possible. When the fire department
arrives on the scene with its equipment for dragging, etc., the public
safety officers assist as directed by
commanding officers of the fire or
police department. The unit also responds to any call concerning unconscious or seriously injured people,
_ like those suffering from heat exhaustion, strokes, poisoning, asphyxiation,
electrical shock, or heart attack. The
unit frees trapped persons and removes and destroys the explosive in
cases involving an explosion or explosive material. Under normal circumstances, this unit does not respond
to calls involving gunshot or knife
wounds unless so directed and then
op.ly to render what first aid is needed
at the scene or to act as a backup unit.
As a fire patrol unit, the . public
safety cruiser responds to all fire
alarms and upon arrival extinguishes
all small fires that can be controlled
with a hand extinguisher, if the fire
department unit has not arrived. At
all major fires, the public safety officers are under the immediate control
of the fire department supervisors and
carry out their orders immediately to
the best of their abilities. While on
patrol, our officers always watch for
fire hazards and notify the fire department of any encountered.
The public safety cruiser never, under any circumstances, operates as an
ambulance. However, in many cases
the assistance of the public safety
officers is needed by the ambulance attendant. In such cases, one of our
officers ( the cruiser is a two-man
unit) will accompany the victim in
the ambulance to the hospital and will
render aid and assistance if necessary.
The public safety cruiser is not a
rescue unit per se, nor is it an ambulance, but it is basically a police
13
�unit fully equipped to handle all types
of emergencies.
Services Rendered
"Send the safety cruiser" has become the most common request at
the Abilene Police Department. In
ali emergencies, both large and small,
our citizens have come to rely on the
se.rvices rendered by the cruiser.
Many of the calls are humorous (such
as, " My cat is caught in the air conditioner"), but others are tragic and
often fraught with danger for our
safety officers. Recently, on an attempted suicide -call, the person threatenino- suicide was located in a garage,
. o
H
holding a razor to his wrist. . e refused to lay the razor down. One
of the safety officers calmly talked to
the disturbed person and grabbed the
razor away from his wrist while the
other officers assisted in restraining
the individual.
During the first 14 months, the
cruiser made 740 emergency calls.
Out of this total number of calls,
emergency oxygen was administered
to 83 people. Man y of these first calls
involved life- or-death situations.
\
Record of Service
In the 3½ years that the cruiser
has been in existence, we have a record of first aid bein g administered
983 times. The resuscitator has been
used 294 times, the scuba diving
equipment 9 times, and the fire extinguishers 79 times. The safety
officers have administered a rtificial
respiration 18 times and assisted in
sav ing 20 persons wh o had attempted
suicide.
Th ey also performed ma ny min or
services, such as in cases involvin g
citizens who had locked themselves
out of their cars or homes, fin gers
ca uo-ht
in a utomati c electri cal kitchen
0
appli ances, ca rs with dead batteri es,
etc.
14
One phase of training given by our
local physicians has come in handy a
number of times-how to deliver a
baby. Incidentally, the first baby delivered by our public safety officers
was 1 year to the day from the time
they began their duties. Since that
time a number of Abilene's "young
o-eneration" has arrived with the aso
sistance of the safety officers. In one
case the parents honored the officers
by naming the new arrival after them.
Last year, during the national scare
that dolls shipped home to loved ones
by servicemen in Vietnam might be
booby trapped, these officers, who are
thoroughly trained in the handling of
explosives, checked more than 500 of
these dolls. However, they found
none containing explosives.
SCUBA Gear
The SCUBA diving gear ha.:5 been a
real asset to our police department
as well as to the public. In some
cases, the public safety officers have
retrieved discarded evidence from one
of the three large lakes nea r Abilene.
In cases involving a possible drownin O'
rr one officer begins dressing for
divinoen route to the scene and is
0
ready to don the underwater breathing apparatus when he arrives. In
one such incident where a double
drowning was reported at Lake For:t
Phantom Hill, both bodies were recovered within 5 minutes after our
cruiser arrived at the scene of the
emergency. While the diver goes into
the water, his partner maintains the
safety line and has the resuscitator
read y to administer oxygen when th e
victims are located.
The most co mmon treatment given
by the offi cers is to apply a medical
swab to a cut or laceration a nd an
anti septic bandage while awaitin g the
ambulance at the scene. They apply
an air splint to broken limbs q uite
often also. Thi s p rocedure is of grea t
assistan ce to the hospital because it
allows them to make an X-ray without
removing the splint.
Emergency Procedure
Since it stays in-service at all times,
the cruiser seldom is preceded to the
scene of an emergency by an ambulance. Because it is on call for
emergencies, both officers are never
out of the cruiser at once except at
the scene of an emergency. This
policy is also true in cases where the
public safety officer is writing a traffic
citation. If, in an y case, the officers
have to be out of the car at the same
time, they are able to switch their
radio to a public address system
which enables them to hear all calls
from the dispatcher.
After making an emergency run ,
they call the station and are switched
onto a dictating machine to record a
report of their run. This is then
typed by a clerk typist and placed in
a file.
Conception of th e Unit
We conceived the idea for a public
safety unit after the drowning of two
youths in a creek which flows th ro ugh
Abilene's city limits. We were the
first called to the scene of this tragic
occurrence, but when the drownings
were established, the fire department
with their boats and rescue equipment had to be called because we did
not have the necessary training or
prope r eq ui pment to retrieve the
victims.
A short time a fter this, on a dark
rainy night, an a utomobile crashed
into a utility pole causing a high voltage line to come p recariously close to
the vehicle. There was some diffi culty getting the occupa nts of the car
to remain in the car until the utility
co mpany co uld be summoned to remove the live wire. The many spectators who were attracted to this incident were in jeopardy of coming in
FBI Law Enforcement Bulletin
�The unit' s portable oxygen kit has b een used to save several lives.
contact with the high voltage wire
which hung close to the gro und .
Some of these individuals stooped t o
go under this wire before ou r officers
at the scene could move them back
to a safe distance.
After this tragic incident and near
catastrophic occurrence, we began to
plan and resea rch for a police unit
which wo uld be trained to cope with
all types of emergency and rescue
work.
After discussing our ideas abo ut the
safe ty unit, we assigned senior staff
officer Capt. L. A. Martin to head the
planning a nd research.
We contacted the director of civil
defense and obtained hi s opinion as
to what type of emergency gear
would be needed to eq uip the unit.
Next, we called the fi re chi ef for con sultation and considered his recommendations. Then we invited the
local chapter of the Ameri can Red
Cross to assist in the train ing of each
officer assigned to the safety unit in
advanced first aid co urses.
We contacted the local medical
society, and they agreed to appoint a
committee to serve in an advisory
July 1967
capacity as well as. to assist m the
training of the officer s.
After months of a rdent research ,
the plans were fin ally fo rmulated and
presented to the city governmen t.
They were hesistant at fi rst to approve
such a project mainl y beca use of the
expense of such a unit. However,
when they were presented all the fac ts
of the value of its services, they gave
us the authority to proceed wi th our
plans.
After m uch consideration , we chose
a fo ur -doo r stati on wagon as the
vehicle for th is unit. I ts equipment
included spotlights, large revolving
red lights, a nd an electronic siren
and public address system to iden tify
it as an emergency vehicle.
Selection and Training of
P e rsonnel
The men operating and maintaining the public safe ty cruiser are all
vo lunteers carefull y screened on the
basis of their experience, aptitu de,
a nd mental and ph ysical abilities. A
committee comp osed of train ing office rs fr om both the fi re and police
departments, plus the city's personnel
director and assistant city manager,
screens the volunteers before they receive joint approval by the chiefs ·of
both departments.
The fire department conducted the
initial training of the pu'blic safety
officers over a 3-week period. This
training covered such basic firefi ghting techniques and subj ects as: small
structure fires, ladder and aerial
work, elements and causes of fires
the duties of fire hosemen, fire re:
sponse and attack, rescue and carries,
safety techniques, the use of a gas
mask, ventilation of a fire, and fire
hazards. Experienced fire department training officers personally conducted or supervised these training
sessions and exercises.
The second phase of training included a 1-week session in high-risk
rescue work at Texas A. & M.
College. Thi s second step included
" hotwire" handling and first aid
through the advanced level, along
with instructions in the use of such
life-saving appa ratuses as resuscitators, oxygen equipment, cutting
torches, etc. Additional trainin g included defen sive d riving, scuba di ving, explosives handling, and radiological monito ring.
The Taylor-Jones Count y Medical
Society fu rn ished the physicians who
trained our officers in such techniq ues
as how t o deliver a baby during
emergency conditions and other
emergency aid that could be rende red
at the accide nt scene. Thi s extensive emergency tra ining, plus the past
experience and training that normally
is retained by vetera n poli ce officers,
full y prepared our p ublic safety offi cers to cope with any emergency that
might arise.
·
Ve hicle and Equipment
As mentioned above, the p ublic
safe ty cruiser is a n up-to-da te station
wago n eq uipped with radi os on both
15
�police and fire department frequen- has run approximately $30 per month
cies, emergency lights and sirens, res- in keeping it equipped.
cue and first aid equipment, and firefighting extinguishers and tools.
Evaluation
A partial list of the cruiser equipment includes: fire extinguishers,
There seemed to be some skepticism
( dry, CO 2 , and water) , fireman boots, at the start as to the true value of such
helmets, bunker coats, gloves, safe- a unit as the public safety cruiser. It
ty goggles, gas masks, completely had only been in service a few days
equipped toolbox, axe, sledge ham- when the public began to recognize its
mer, disposable blankets, army blan- worth.
One lady wrote our department and
kets, ropes, _block and tackle, large,
co~pletely equipped first aid kit (in- the Abilene Reporter News the followcluding splints, medicold compresses, ing letter after her husband had been
etc.), Porto-Power kit, frogman suit aided by our public safety officers :
and scuba equipment, lanterns, hot " He is alive today due to the excellent
stick (for handling high voltage service rendered by your safety
wire), stretcher, Scott resuscitator, cruiser and its men. My husband
Scott air pack (for use in building had an acute attack o-f allergy, to the
filled with smoke, etc.) , battery jump point of death. He collapsed from
cables, tools for entering locked ve- lack of oxygen and at one time comhicles, various types of saws, and pletelr: stopped breathing. Officer
other tools to cover any type of emer- Bill Paul, our neighbor, rendered first
gency situation. When the unit aid and called the cruiser.
makes an emergency run and the offi"We are grateful to the Abilene Pocers have no tool to cover the particu- lice Department and its men for the
lar type of situation, they immediately service rendered. Words seem inadeadd that tool. The initial total cost quate when you are trying to thank
for equipping the cruiser ran close to someone for saving your mate's life."
$3,000. The average cost of supplies
We have received numerous similar
letters of thanks and appreciation
from citizens.
Public acceptance of the safety
cruiser grew until it was necessary for
us to add a second unit in July of
1965. Even physicians now tell their
heart patients and others who may
need emergency aid to call the safety
cruiser prior to calling them.
Not only do our public safety officers feel a keen sense of pride in being
able to serve humanity in this capacity, but the citizens of Abilene are very
proud of our cruiser and the men who
operate it. We feel that it has done
more for the benefit of public relations
than any other thing that the department has ever undertaken.
One of the big selling points that
we used in getting our cruiser approved was, " If one life is saved, it
will he well worth all the expense."
Well, the public safety cruiser has
more than proved its worth. This is
attested to by many local physicians,
families who have been assisted, and
three Red Cross Life Saving Awards
earned by the men who operate Abilene's public safety cruiser.
AMERICAN POLICEMAN
Chief Inspector of Constabulary lists
58 awards for gallantry to British
policemen ranging in rank from constable to inspector. Two of them are
posthumous. Five civilians who assisted the police are also on the list.
Armed with a whistle, a wooden
truncheon, a pair of handcuffs, and,
if available, a personal radio, the
British policeman performs the same
duties as his American counterpart.
I formed the impression that, although he may be as young as 19, a
great deal of his success is based on
his almost amazing personal dignity
when on duty. Most of the policemen
I came in contact with were more than
deserving of the English term of ap.
"He,s a proper Copper."
pro bat10n,
1
( Continued from page 6)
A police employee
explains lo Lieutenant
Mitchell her department's records and flling
system .
FBI Law Enforcement Bulletin
�Let the bank robber b eware! More and more his criminal acts
are b e ing w atched by a sile nt witness-the hidden cameraw hich re cords the infallible truth.
Washington area. These identifications supported prior investigation
by FBI Agents who had developed the
man as a suspect. He was arrested
and charged with bank robbery.
The value of a strategically placed
camera and resulting publicity of suspects ia illustrated by another incident
in which a subject was caught on
camera in the act of committing a
bank robbery.
In this incident a youth entered the
National Savings & Trust Co. in the
District of Columbia on January 4-,
1967, at which time he took an
estimated $6,000.
The picture taken by a hidden camera during the robbery showed a man
wearing glasses, with his hand partially covering a pistol, at a teller's
window.
The suspect in the photograph released to newspapers by the FBI was
recognized by a local police officer.
He notified police investigators who
arrested the youth .
Just in Time
I n identifying bank robbers, many
times a picture . is worth a th o usand
descriptio ns-espec ia ll y if th e ph otograph catches the bandi t com mittin g
the robbery.
Abo ut 6 :45 p.m. , December 6, 1966,
three armed men, all wearin g sun glasses, ente red a branch of the So uth ern Maryland Bank and Trust Co. a t
Oxo n Hill, Md. , a nd ordered two ma le
tellers to th e rear of th e bank. One of
the robbers ha nded a la undry-t ype bag
lo the fema le tell er and ordered her to
J)UL al/ the money from the cash drawer into th e ba~. Then the robbers
fled. Total amount of mone y taken
was $1,659.
The bank is equipped with a co ncealed camera whi ch runs continu ously during bankin g hours a nd takes
photographs at r eg ular inter vals. T he
July 1967
film in th e camera was processed by
the FBI. Three frames contained
photogra p hs of the per so ns in volved
in the r obber y, one of which was a
good clear picture of the fa ce of one
of the ro bber s. He was wearing a
special police offi cer 's uniform, including a b adge a nd cap.
Th e ph otograph and p ertinent information co ncerning the robber y
were pr epar ed by the FBI and r eleased to all maj or newspapers in th e
Washin gton, D.C. area for p ublication in t he hope o f sec ur in g a n ide 11Lification .
Several calls were recei ved fr om
citizens who sa id they could p ositively
id entify the s ub ject of the ph oto g raph. He was s ub sequen tl y identi fied by th ree people as a n ind ividu al
who had pr evio usly worked in th e
In one instance, a camera had been
installed only the day before the robbery, when shortl y before noon a
masked bandit, accompanied by a
teenage female, entered a banking institution in Cleveland , Ohio. Brandishing a small h and weapon, the
masked man warned bank employees
that this wa.;; a stickup and to stand
back. Stationing himself in front
of a teller's window, he waited while
his accomplice calml y proceeded to
empt y the money fr om the teller's cash
dra we r into a b row n paper bag .
One of the b ank tellers had observed
Lhe m a sked bandit e nle r the bunk and
had immediately tripped a silent alarm
which also set a hidden movie camera
into motion.
T wo minutes after the bandits had
fled wi th $2 ,,372, detecti ves fro m th e
Cleveland Police Department arri ved
at the b an k and rushed the film for
17
�immediate processin g. FBI Agents
dispatched to the scene commenced
immediate investigation.
Still prints of the film taken during
the robbery were distributed to police
officers, FBI Agents, surrounding police dep·a rtments, and to newspapers.
The film was rushed to TV stations
and given nationwide coverage.
The youthful b ank robber turned
himself in to police the foll owing day.
He told police he h ad gone to Indiana
by bu:, after the robbery, but when
he realized the robbery film was being
shown on TV, he had decided to return to Cleveland and surrender.
"Where can you go when you're on
TV all the time !" was the remark he
made to detectives and FBI Agents.
The girl was arrested the following day when her whereabouts was
made known to police by an anonymous telephone call.
The man was sentenced to a term of
10 to 25 years in the State penitentiary. The girl was. placed on probation fo r 2 years.
Joe Meador, caught by a hidden camera , wa s convicted on charges of robbing a bank of more
than $30,000.
Ne rv ous Robbe r
Another bank robber, an 18-yearold youth, robbed the Citizens &
Southern Emory Bank, Decatur, Ga.
Holding a sawed-off shotgun, he
herded 18 persons into the open space
of the bank lobby, then ordered the
tellers to put the money in a green
paper bag he was carrying. , He
showed extreme nervo usness and at
one time was heard to remark, " I
swear to God, I'm scared to death ."
He obtained $19,475 and escaped in
a stolen car.
The bank manager in an office ad joining the lobby, seeing this acti on,
set off the silent bank ala rm which also
activated the bank's two hidden
cameras.
Ten clear photographs of the robber were taken during the course of
the robbery. These were released to
all available news media and dis18
' .
Jo e Meador photographed following h is arrest.
pl ayed thro ughout the Nation.
The robber was identified as Stephen P atrick Wilkie by a tenant of a
home where the robber had been livin g
for several months; but he, in the
meantime, was traveling all over the
co untr y living a life of luxur y on th e
money he had stolen. When a phone
call to his hometown revealed that he
was wa nted by the FBI fo r b ank ro bber y, he surrendered to Specia l Agents
in San Francisco. He was sentenced
to 10 yea rs fr1 the custody of the
Attorney General.
In another ro bbery two bro th ers
armed with h andguns entered an
Indiana bank and forced the manager
to fi ll a cloth bag with money fro m the
vault and the tellers' cashboxes.
After obtaining $30,845, one of the
brothers r ipped two sequence cameras
from the wall of the bank and took
them along when they fled from the
scene. Apparently they had no objections to being photographed during the robbery, but they made sure
the film co uld not be developed after
they left.
During the ensuing investigation,
one of the bank tellers told FBI
FBI Law EnforcelT! ent Bull etin
�Agents that she recognized one of the
robbers as having b een in the bank
some 6 weeks previously to cash a
check.
With the cooperation of the bank
officials, FBI Agents assisted the teller
in the task that lay before her in effecting an identification. Sequence
camera films for the preceding 6
weeks were developed and shown to
the teller. F or several h ours each
day fo r 11 days, she sat with FBI
Agents reviewing the frames, until
one day, after having viewed some
20,000 frames, she picked up the
frame identifying the robber- the
man who h ad entered the bank almost
6 weeks before the robbery.
N umerous prints of this photograph were made and circulated iby
the FBI to various sources. T hree
days after the photograph was first
obtained, a trusty of a local county
jail identified the bank robber as Joe
Wayne Meador. With h is identification, the brother , Ratline Meador, was
fo und to answer the description of the
other robber.
Green Thuml1
Both men denied guilt of the rob bery, stating they had been planting
tobacco on the far m of a relative at
the time. T his in fo rmation was
checked out, but apparently tobacco
was not the only thing they had
planted. After many hours of backbreaking digging, FBI Agents unearthed a 25-pound la rd can which
had been b uried some 15 inches under
a stable. Inside the lard can was a
plastic container ; inside the plastic
container was a styr ofoa m ice bucket ;
and inside the bucket was $ 11,000
completely saturated with talcum
powder.
Confronted with the buried treasure, the brothers accompanied FBI
Agents to another location where a
simi lar lard can was buried containing a nother bucket a nd $11,487 comJuly 1967
pletely saturated with talcum powder.
The brothers explained that the talcum powder served as a dehydrating
agent for the preservation of the
buried money.
FBI Agents and SCUBA divers located the cameras in a deep creek
running through a heavily wooded
area in the geileral vicinity of the
bank. Although t he cameras had
been completely submerged for almost a month, it was possible t o develop 1½ frames on the exp osed film
which clearly showed one of the victim tellers with hands upraised a nd
one of the brothers standing nearby.
The two brothers were each sentenced to 10 years' imprisonment.
pictures or show them on television
which requires pictures of good quality if results are to be achieved from
such investigative procedures.
Experience in the FBI with pictures
provided by numerous bank camera
installations have led to the following
conclusions with respect to these
installations:
1. Cameras of 35 mm. or larger negative
size will produce better results than
cameras of smaller negative size.
2. A sequence camera is preferable to · a
movie camera. This kind of camera
will produce a series of still photographs tha t will ordinarily be of higher
quality for identification purposes and
will also record the action.
3. Camera (s) (more than one if necessary)
( Continued on page 24)
Camera Scores Again
Another y<mth , Albert Earl Ehrenberg, recognized from a photograph
taken at the time of the holdup and
publicize2d in a widely read daily
newspaper, was convicted for the robbery of the Colonial National Bank of
Alexandria, Va., fo r which he received
a sentence of 15 years' imprisonment.
He was also charged with the robberies of banks in Maryland and the
District of Columbia, bul in view of
the substa ntial sent_e nce given him for
the Alexandria robber y, these other
two cha rges were dismissed.
More a nd more banks are installing
cameras as a means to reduce their
vulnerability to marauding bank robbers. Certainly, the results achieved
in many cases in which robbers have
been ca ught on film while committing
the crime are encouraging and indi ca te the value of this technique.
If, however, a camera installation
in a bank is to be of maximum usefu Iness, certain technical factors
should be considered. The photographs produced by a concealed
ca mera must be of good enough
quality fo r identification of the personal fea tures of the bank robber. It
is frequently desirable to publish such
Albert Earl Ehrenberg photographed during
the robbery of a Maryland bank.
Ehre n be rg following h is a rrest on ba nk
robbe ry cha rges.
19
�- - - - - - - - - -- - - - - - - - - ~-
SEARCH OF VEHICLES
· (Continu ed from page 8)
the arrest and he answered that the
vehicle was his. Weed surrendered the
keys to the car after being told by the
officers that they could get a search
warrant if necessary. The latter circum stance, coupled with the fact that
the defendant relinquished the keys
while in custody and " during a period
of dramatic excitement of drawn
guns," led the court to conclude that
the alleged consent was not " freely
and intelligently given." Compare,
U.S. v. Kuntz, - F. Supp. - (Northern Di strict of New York, March 17,
1967 ) ( uph olding co nsent search at
a roadblock manned by an offi cer
armed with a shotgun ) .
As a general rule, the courts tend to
question the competence and voluntariness of consent given b y a subj ect
who denies guilt, particularly where
it is apparent that incriminating evidence will be discovered. One appellate court rejected a waiver in this
situation, stating that " no sane man
who denies his guilt would actually
be willing th at a poli ceman search his
-roo m for contraband which i~ certain
to be discovered. " Higgins v. U.S.,
209 F. 2d 819 (1954) . See also, U.S .
v. Gregory, 204 F. Supp . 884, aff'd
309 F. 2d 536 (1 962) , holding th at
consent given under these circumstances is simply " not in accord with
human experience." On the other
hand, a confession of guilt which precedes a search tends to sup port the
a uthentici ty of the consent. U.S . v.
M itch ell, 322 U. S . 6
i 1944) ; U. S . v.
S mith, 308 F. 2d 657, 663-64 ( 1964 ) ;
U. S. v. Wa llace (d ictum ), siipra. See
also, Stale v. Bindhamm er, 209 A. 2d
124 (N.J. 1965 ) .
Also, where it appears t hat the person in custody consented prim arily in
an effort " to shift culpability" to
another, U.S. v. DeVivo, 190 F. Supp.
4,83 (1961 ), or to bluff his way
th ro ugh a search on the mistaken be20
lief that the incriminating articles are
too well concealed to be discovered,
the courts have generally allowed the
admission of such items into evidence.
Grice v. U.S. , 146 F. 2d 849 (1945 );
contra, Smith v. U.S. , supra. A similar result was reached recently in a
case where the subj ect delivered the
keys to his vehicle in an attempt to
" corrupt" a Federal agent into preventing the Government from obtaining pertinent evidence. In U.S. v.
Hilbrich, 232 F. Supp. 111 (1964),
aff'd, 34,1 F. 2d 555 (1965 ), the defendant was arrested by police officers
shortly after he had robbed a savings
and loan association. While being
interviewed by an agent with whom he
was acquainted, he gave his car keys
to the agent and asked him as a "favor" to go to the automobile, which
was parked a short distance from the
scepe of the r obber y, and to " get rid
of" two boxes of ammunition located
in the trunk. A second agent used the
keys and seized the ammunition . The
defendant later advanced the rather
novel argument that he had not in fact
consented to the search since his only
reason in surrendering the keys was
to prevent the Government from getting the evidence. The appellate court,
however, rejected this contention,
stating that in the absence of an y
showing of coercion, the motion to
suppress the evidence was properl y
denied.
The defendant's argument here was
not without merit, i.e. , that permission to enter the vehicle was extended
for the sole and limited purpose of
di po in g of the evidence and t hat,
once this auth ority was exceeded, the
consent, which has sometimes been
viewed as an agency relationship, was
terminated. But since it is also clea r
that Hi lbri ch made no effort to with draw his co nsent even after the agent
unequivocall y info r med him that he
could not comply with the request, the
result in this case seems a proper one.
It is worth repeating at this point,
-
--~
-
however, that whenever the conditions
permit, as would appear to have been
the case here, an officer should endeavor to obtain a warrant. Although
the practicability of doing so does not
have a bearing on the legality of the
consent search, evidence which has
been obtained in the execution of a
proper search warrant is always received more favorably by the courts
than that which has b een secured
through a claimed waiver of rights.
B. Clear Expression of Consen t
Aside from consideration of duress
or coercion, consent cannot validly be
obtained unless it is expressed in a n
explicit and unequivocal manner b y
the person whose property is to be
searched. _U.S. v. Fowler, 17 F.R.D.
499 ( 1955 ) ; Karwicki v. U.S., 55 F.
2d 225 (1932 ) . Where the consenting
words are such that they do not show
a clear and unmistakable intent to
waive one's constitutional right to refuse a warrantless search, the evidence
so obtained will be inadmissible. R ay
v. U.S ., 84, F . 2d 654 (1936).
But as a general r ule, the express
language used by a susp ect is merely
a factor to be considered , among
others, in determining the voluntariness of t he consent. As one appellate
court stated: " .. . a waiver cannot
be conclusively presumed from verbal
expression of assent. The court must
determine from all the circumstances
whether the verbal assent reflected an
understanding, uncoerced, and unequ ivocal election to gr ant t he offi ers
a license which the person knows may
be freely and effectively withheld,"
Cipres v. U.S ., 343 F . 2d 95, 97
( 1965). Thus, while t he party may resp ond with words indicating consent,
they do not constitute a valid waiver
when the surro unding circumstances
fail to support the voluntar y use of
such words. Accordingl y, consent
searches have been invalidated in
FBI Law Enforc eme nt Bull etin
�'-
some cases notwithstanding such remarks as, " I have no stuff in my apartment and you are welcome to go
search the whole place," Channel v.
U.S., 285 F. 2d 217 ( 1960), or, " I
have nothing to hide, you can go there
and see for yourself." Judd v. U.S. ,
190 F. 2d 649 (1951 ) . See, 79 C.J.S.,
Searches and Seizures, n. 89, sec. 62,
for further examples.
In Application of Tomich, 221 F.
Supp. 500 (1963), aff'd 332 F. 2d 987
(1964), the defendant was arrested
for a traffic violation. When asked b y
the offi cers for permission to search
his car , Tomich replied that " he didn't
mind," ·b ut stated that he did not have
a key to unlock the trunk ; in fact, he
had the key hidden in his shoe.
Eventually, the police were able to
gain entrance into the trunk by having
a key made a t a local garage. Tool s
and a p air of shoes linkin g Tomich to
a burglary were found in t he trunk of
the vehicle and were later used in evidence against him. In a subsequent
habeas corpus proceeding, a Federal
district court rejected the Sta te's contention th at valid consent had been obtained, stating: "At all times when he
was allegedly consen ting to the search,
he had in his possession , hidden in his
shoe, the key to the trunk. If he trul y
consented to the search, he wo uld have
delivered up the ke y to the officers and
saved them all the troub le they went
to to get into the trunk of the car."
Id. at 503.
The difficulty with this reasoning
i that the officers in this case had no
way of knowing that the subject was
in possession of the key. Had his overt
conduct reasonably indicated that he
did n ot in fact wish to cooperate,
the police would not have been justi fi ed in relyin g on his expressed con sent. But to all outward appeara nces
the defendant in this case kn owingly
and voluntarily relinquished hi s right
to insist upon a warrant. It wo uld
seem that if the police are to kn ow
with an y ce rtainty when a proper
July 1967
waiver of fourth amendment ri<Yhts
0
has been made, they should be permitted to rel y on the open and expressed conduct of the suspect, without regard for the possibility of
pretense. Carried to the extreme
Tomich could open the way fot ~
criminal suspect to insure the inadmissibility of ph ysical evidence, which
might otherwise be acquired by an
alternative method , by professing cooperation at the scene and later
refuting his alleged consent, pointing
out that he had in fact withheld the
keys to the vehicle or in some other
manner had not full y assisted the police. See e.g., Burge v. U.S., 332 F. 2d
171 ( 1964) , in which the defendant
apparently feigned consent as "a determined strategy" to a later claim
of ill egality on the part of the officers.
In some cases, permission to search
has been fo_und by the courts in the
absence of consenting words by the
suspect, where it appeared that the
party had indicated a willingness to
cooperate or had rendered some affirmati ve assistance to the officers.
Where the defendant readily tendered
th e keys to his vehicle upon request,
Robinson v. U.S., 325 F. 2d 880
( 1963), or, without obj ecti on, opened
the trunk a nd surrendered porn ograp hic ma teri als_to investigating offi cers, Burge v. U.S. , 332 F. 2d 171
( 1964) , such conduct has been viewed
as convincing evid ence of consent.
See also, Smith v. U.S., 308 F . 2d 657
(1962 I (dictum ) , cert. denied, 3 72
U.S. 906 (1963 1 (co nsent fo und
where t he defend ant, while under a rrest for possession of narco tics, led
officers to a nearby apar tment a nd
prod uced a suitcase con tainin g heroin) ; U.S. v. Macleod, 207 F. 2d
853 ( 1953) (dictum) ( following his
arrest, the defendant cut th e lock off
a chest conta inin g in crimina tin g evidence and , without suggestio n from
the agents, went into the bedroom and
carri ed out a hand printing press) .
C. Kn owing and Intelligent Waiver
of Rights
The courts have long required that
consent to search be a " deliberate relinquishment of a known right," U.S.
v. Alberti, 120 F. Supp. 478 (1959) ,
and that such consent be " intelligently" given. U.S. v. Smith, 308 F.
2d 657, cert. denied, 372 U.S. 906
( 1963 ) . As a general rule, however,
there need not be an affirmative showing that the consenting party was advised of his fourth amendment right
to prevent a search without a warrant.
Although a failure to warn has sometimes been persuasive on the issue of
coercion, that factor alone has not
been sufficient to invalidate the search.
U.S. V. Paradise, 253 F . 2d 319
(1958) . Rather, the practice has been
to establish whether, in view of the
circumstances as a whole, the waiver
of fourth amendment rights was voluntary and intelligent. Tatum v. U.S. ,
321 F. 2d 219 ( 1963 ) ; Channel v.
U.S. , 285 F. 2d 217 (1960) . In making thi s determinati on, the courts have
been influenced by the suspect's
" marked intelligence and mental alertness," U.S. v. Haa s, 106 F . Supp. 295
(1952) , or the fa ct that the consenting parties were "sophisticated businessmen of many years experience."
U.S. v. Martin, 176 F. Supp. 262
(1954); In re White, 98 F. Supp. 895
(1951) . A history of previous arrests
or " indicated kn owledge from previous search and seizure experience"
may also show that the party was
probably alert to his rights and to the
consequences of a waiver at the time
he allegedl y gave permission to
search. Burge v. U.S., 332 F. 2d 171
(1964 ). Thu s, while upholding a consent search, one Federal court declared: "The amo unt of intimidation
or fea r of the badge in a person with
little knowledge of police officers or of
legal proceedings would be much
more acute and motivating than that
of a man with 13 years of experience
21
�as an officer and investigator. It may
be reasonably assumed that he was
aware of all the consequences." Tatum
V. U.S. , 321 F. 2d 219, 220 (1963 ) .
By the same token, the government's
burden of proving an intelligent and
understanding waiver of rights is understandably difficult to sustain when
the consenting party is illiterate or
does not have a good understanding
of the English language. U.S. v. Wai
Lau, 211 F. Supp. 684 (1963) ; Kovach v. U.S. , 53 F. 2d 639 (1931 );
U.S. v. Ong Goon Sing, 149 F. Supp.
267 (1957).
In a noticeable departure from the
tra ditional approach, however, some
courts have interpreted the requirement of a knowledgeable waiver to
mean that, in the absence of other evidence that the suspect was aware of his
fourth amendment rights, a formal
warning by the police officer is a necessary prerequisite to consent. For example, in U.S. v. Blalock, 255 F. Supp.
268 (1966 ), the defendant was questioned in a motel roo m concerning his
possible implicati on in a recent bank
robber y. When asked whether he
would min d if the agents sea rched the
roo m, th e defendant replied that he
had no obj ection. The search disclosed
a q uantity of bait money taken during
the robber y. On a moti on to suppress
the evidence, the Federal district cour t
stressed the need for an " intelligent"
consent and restated the long-standing
rule that one cann ot be said to waive
a fun da mental right unless he knows
the right ex ists. P ointing out that the
"voluntariness" of the consent was not
-in issue, the cour t stated : " [T ] he
fourth amendment requires n o less
know in g a waiver than do th e fi ft h
and sixth. The req ui rement of knowledge in each serves th e same p urpose,
i.e. , to prevent the possibility th at the
· ignorant ma y surrend er their rights
more read il y than th e shrewd ." See
also U.S. v. Nikrasch, 367 F. 2d 740
(1966).
Blalock expresses the grow ing tend-
ency among the Federal courts to
avoid resolving each case on its own
set of facts where a waiver of constitutional rights is involved. By requiring an explicit warning of fourth
amendment rights for all suspects,
regardless of age, experience, or coercive influences, the court frees itself
from the burden of deciding whether
this particular defendant knew of his
rights in the matter. This trend away
from " particularism" in the law h as
been most evident in the fifth amendment area where, as indicated earlier,
the court previously weighed similar
factors in establishing the voluntariness of confessions. In Miranda v.
Arizona, however, the court rejected
this approach , requiring that all persons in custod y be warned of their
ri ght to remain silent prior to interrogation. Sin ce there are elements of
self-incrimination 1n illegal searches,
Boyd v. U.S ., 116 U.S. 616, 630
( 1886) , it has been speculated that
Miranda bears constituti onal implications for consent searches as well.
See, Note, "C onsent Searches : A Reap praisal After Miranda ·v . A rizona.,"
67 Colum. L. Rev. 130 ( 1967 ) .
Whether advice of fourth amendment
rights need be as comprehensive as
Miranda requires, or whether the
States would be bound by such a rule,
is largely a -matter of conj ectu re at
this point.
But even assuming th at Miranda
is relevant to fo urth amendment matter s, at best it would apply only where
the consenting party is " in custod y o r
oth er wise deprived of hi s freedom of
action in any significant ,vay."
Miranda v. A rizona, 384 U.S. 4,36,
444, (1966) . As noted earlier, however, it is in this type of situati on that
consent searches a re mo t di ffi cult to
sustain , the theory being t hat custod y
itself creates a coercive atmosphere
which makes it diffi cult for one to
exercise free choice. Th us, while a
technical reading of the law at this
point may not req uire a warning in
every instance, the better practice in
situations of restraint or intimidation
is to inform the consenting party that
he has the right to insist upon a warrant.
D. Consent by Third Parties
As a general rule, the constitutional
right to privacy is personal to the individual and cannot be waived by
third parties. Stoner v. California, 376
U.S. 483 ( 1964 ) . Consequently, in the
absence either of expressed or implied
authorization to consent or a joint occupancy or ownership of the property
to be searched, a valid waiver of
the privilege against unreasonable
searches and seizures can be given up
only by the person himself. This limitation holds true, moreover , regardless
of the personal or familial relationship which may exist between the consenting party a nd the person against
whom the evidence is t o be used.
The specific question of whether
the wife's consent can validate a
search against her husband rem ains
unsettled in both the State and Federal
law. See, Note, "The Effect of a Wife's
Consent to Search and Seizure of the
Husband's Property," 69 Dick. L. Rev.
69 (1964) . But judging from the existing law applicable to the search of
fi xed premises, one ordinarily can assume that a spouse can give consent
to the search of a motor vehicle which
is valid as against the other, where
they jointly own and utilize the a utomobile in q uestion. See, State v. Coolidge, 208 A. 2d 322 (N.H. 1965)
( wife's consent t o search famil y cars
parked in yard upheld ) . See also,
R oberts v. U.S ., 332 F. 2d 892 (1964),
cert. denied, 380 U.S. 980 ; Stein v.
U.S ., 166 F . 2d 851 (1948); U.S . v.
Heine, 149 F. 2d 485 (194'5), cert. denied, 325 U.S. 885. In this type of situation, the wife's autho rity to permit
a search comes from her right to joint
possession of t he property to be
searched an d not fr om the marital relati on per se. For example, in Dalton
FBI Law Enforcement Bull etin
�v. State, 105 N.E. 2d 509 (Ind. 1952),
officers investigating a hit-and-run
offense asked the wife for consent to
search the suspect automobile, which
was registered in h er name. The car,
however, was paid for by the husband,
who had sole control and possession of
it. The wife had never driven the car.
In view of her lack of possession, the •
court held that the wife could not consent to a search of the car which was
her husband's personal " effect," protected by the fourth amendment.
However, if a specific area of the vehicle or a container in the automobile,
such as luggage or a fo otlocker, is the
exclusive property of the defendant,
it is doubtful that a proper waiver can
be obtained from a consenting spouse.
See, e.g., State v. Evans, 372 P. 2d
365 (Hawaii 1962 ) (wife cannot consent to search of husband's cuff link
case in dresser dra wer ) .
The issue of interspousal consent
was p resent in a case which came befo re the Supreme Court r ecently, but
the Court disposed of the matter on
other grounds. In Henry v. Mississippi, 379 U.S. 44 3 (1965 ) , the petitioner was convicted of disturbing
the peace by making indecen t pro posals to and offensive contact with a
hitchhiker to whom he allegedly gave
a ride. The only evidence available
to corroborate the complainant's
charges was obtained by an allegedly
unlawful search of the vehicle. The
evidence tended to substantiate the
complainant's stor y by sho wing its
aocuracy in details which could only
have been seen by one inside the car.
Subsequent to the petitioner's arrest,
an officer went to his home and obtained permission fr om the petitioner's wife to search the vehicle without
a warrant. Despite the fact that under
Mississippi law a wife could not give
consent which waived the constitutio nal rights of her husband, the State
Supreme Court affirmed the conviction
on the ground that the petitioner's
co unsel had fa iled to make a timely
July 1967
obj ection to the introduction of the
illegal evidence. In vacating the judgment and remanding it for a rehearing on the question of whether the
noncomplianice with the procedural
rules constituted a waiver, the Supreme Court noted: "Thus, consistently with the policy of avoiding premature decision on the merits of constitutional questions, we intimate no
view whether the pertinent controlling
federal standard governing the legality of a search and seizure, see Ker v.
California, 374 U.S. 23, is the same
as the Mississippi standard applied
here, which holds that the wife's consent cann ot validate a search as
against her husband." Id. at 449,
fn. 6.
Where a gratuitous bailment of a
vehicle is concerned, one appellate
court has taken the view ·t hat delivery
of the a!}tomobile into the temporary
custody of another represents an affirmative relinquishment of one's
fourth amendment protection over
such property. In Eldridge v. U.S.,
302 F . 2d 4,63 ( 1962 ), the susp ect lent
his automobile to a friend , Nethercott,
who had requested permission to use
the car to visit his daughter . The keys
to the ignition and to the trunk were
given to him. Actin g on information
that there was a stolen rifle in the car,
a nd after obse.r ving a rifle on the b ack
seat, the p olice asked the friend for
permission to examine the automobile.
The trunk of the car was voluntarily
opened by the friend, disclosing two
stolen Govern men t radios which were
immediately seized and turned over
to Federal a uth orities. At his trial th e
defen dant contended unsuccessfull y
that the radios had been illegally
seized , claiming t hat the pro tections
of the fo urth amendment are personal
to him and cannot be waived for him
by the gratuitous ba ilee of the car .
On review of the conviction, the
Fourth Circuit Court of Appeals ruled
that the articles seized from the a utomoL,ile were properly admitted in evi-
dence. The court reasoned that the
friend
" was clothed with rightful possession and
control and could do in respect to the automobile whatever was reasonable and not
inconsistent with its entrustment to him.
No restriction was imposed upon him except to return with the car by a certain
hour. Although the defendant knew of th e
presence of the stolen radios in the trunk,
he apparently did not think it worthwhile
to take the precaution of forbiddin g his
bailee to open the trunk or permit anyone to
look into it. He r eserved no exclusive right
of privacy in respect to the trunk when he
delivered the key. In respon'ding as he did
to the police, Nethercott did not exceed the
authority Eldridge had seemingly given him.
Using the key to open the trunk was not an
unwarranted exercise of dominion during
the period of his permissive possession and
use. Access to the trunk is a normal incident to the use of an automobile. And if,
when he voluntarily opened the trunk,
N ethercott did not exceed proper bounds
because he had to that ex tent at least concurrent ri ghts therein with Eldridge, was
the ensuin g search by the police unreasonable ? We think not." Id. at 466.
A similar result was reached in
Hamilton v. State of North Carolina,
260 F. Supp. 632 (1966 ), where a
Federal district court ruled that petitioner's codefendant, who was in
temporar y possession of the vehicle,
had the capacity to consent.
It has been argued in suppo rt of
Eldridge that one who has lent his
vehicle to another " seems affirmatively to be taking the risk that the
third part y will show his belongings
to others. Therefore, it is not unreasonable to conclude th at in these cases
the suspect has impliedl y given the
third pa rty a uth ority to waive his own
personal right to privacy." Note, "Effec tive Consent to Search and Seizure," 113 U. P a. L. Rev. 260, 263
(1964 ) . But not all decisions are in
agreement with thi s view, as evidenced
by the holding in State v. Bernius, 203
N.E. 2d 24-1 (N.J. 1964). There the
defenda nt lent his a utomo bile to a
friend who was later arrested on a traffi c violation . When she was unable to
( Continued on inside back cover )
23
�WANTED BY THE FBI
bed rail to dig thro ugh the brick and
mor tar enabling them to escape their
confinement on July 5, 1965.
Hemminger usually wears glasses
and h as been employed as a factor y
worker, laborer, and welder. He h as
been convicted of bur glary. and larceny and has escaped custody on previous occasions.
Description
LAWREN CE ROBERT HEMM'INGER, also known as Larry Hemming er.
Interstate Fligh t-Escape
LAWREN.CE RoBERT HEMM INGER is
being sought by the FBI for un la wful
interstate fli ght to avoid prosecution
for the crime of escape. A Federal
warrant for his arrest was issued on
July 8, 1965, at Springfield , Mo.
In ·Camden County, Mo. , on September 16, 1964, Hemminger and two
other individuals allegedly attempted
to kill a Missouri State Highway P atrol trooper. They were arrested 10
days later and incarcerated at the
Greene County Jail at Springfield,
Mo ., to await trial on this charge.
Over a period of several weeks, Hem min ger and three other men used a
Age -- - ---- - ---- 37, born April 12, 1930,
Sterlin g, Ill.
Height - --- ------ 6 feet.
Weight ------- -- 165 pounds.
Build - ------- --- Slender .
Hair ------ - --- - Brown, graying.
Eyes - - --------- Blue.
Com plexion __ ___ Medium.
Race ________ ___ White.
Nationality _____ _ America n.
Occupations __ __ _ Factory worker, laborer,
welder.
Scars and marks_ P itted sca r between
eyebrows, skin moles
acro ss back and shoulders, scar on back of
r ight ha nd a nd on
right thumb, scars on
sid e an d base of left
th umb.
Remarks ____ ____ Usually wears glasses.
FBI No ---- ----- 752,904 B.
Finger print classifi cation.
18
SILENT WITNESS
( Continu ed from. page 19)
shou ld be placed in strategic locations,
prefera bly over entran ce for best fa cial
vie ws .
4. Li ghtin g is an importan t. ro nsideration
in such install ati ons. Minor changes
in li ghtin g will someti mes grea tly en·
ha nce th e res ult s. An initia l tes t of
equipm ent wi ll determ ine result s th at
ca n be a nticipa ted.
S. It is important to arra nµe to hav e a ny
insta ll ation servicer! on a regul ar basis
to make ce rta in film supp ly is fres h a nd
tha t equi pmen t is fu nction in g properl y.
Law enfo rcement sta nd s read y to
shoulder its responsibility in reversing
24
the ri sing tide of bank ro bberies, but
it needs help from the banking in stituti ons themselves, fr om news media,
and from the courts which must deal
realistically with those who are fo und
guilty.
Experience shows that time-pro ven
deterrents to crime are sure detecti on ,
swift apprehension, and pro per punishment. As a deterrent, t he latter is
by fa r the most important ; however,
its news va lue is co nsiderably lower.
Co nseq uentl y, ro bbers and potential
rob bers see an d hear a lot ab out se nsa ti ona l ba nk hold-u ps but may never
kn ow of the puni shm ent invoked when
the perpetrators are caug ht.
0
0
31 W MOO 21
20 W MOI
Ref :
31
24
Ca ution
Hemminger may be armed and
should be considered dangero us.
Notify the FBI
Any person having information
which might assist in locating this
fu gitive is requested t o immediately
notify t he Director of the Federal Burea u of Investigation , U.S. Depa rtment of J ustice, Washington, D.C.
20535, or the Special Agent in Charge
of the nearest FBI field offi ce, the telephone number of which appears on
the fi rs t page of most local d irectories.
FBI Law Enforc em ent Bull etin
�Tribute to Peace Officers
The following is a statem ent by FBI Director J. Edgar Hoover
concerning Peace Officers Memorial Day and Police Week which
was addressed to t he 79th Session of the FBI National Academy
on May 15 , 1967.
GENTLEMEN :
This day has a special meaning for
all of us. Nearly 5 years ago, the
President of the United States signed
the public law which authorizes and
requests him to issue annual proclamations designating May 15th of
each year as P eace Officers Memorial
Day. The purpose of ceremonies and
activities prop osed for the occasion is
to honor those officers who have been
killed or disabled in line of duty. The
law also authorizes and requests a
presidential proclamation each year
designating the week in which May
15th occurs as P olice Week.
Now, when the rate of crime con -
tinues to ascend, our mutual friends
and colleagues on the firing line face
an increasingly danp;erous and aggressive army of criminals. Some
bear on their bodies everlasting reminders of the intense struggle in
which we are engaged- indeed, there
may be those a mong you who carry
such scars. Others, less fortu nate, are
tied to wheelchairs or bound in utter
helplessness to their hospital beds.
Still others- and some were known to
each of us- will never again awaken
to a spring m orning.
We pause today to honor those men
in la w enfo rcement whose commit-
SEARCH- OF V EHICLES
owner is, as against such owner, prounreasonable
hibited . . . as an
search." Id. at 243.
A somewhat different situation is
involved if the bailment is for hire
as, for example, where the defendant
places his automobile in the custody
of a parking lot attendant. In this case
it is do ubtful that the bailee can waive
the defendant's rights. But see, Casey
v. U.S., 191 F. 2d 1 (1951 ) (h olding
the defendant, who failed to cl aim
ownership or interest in articles seized
fr om vehicle, lost immunity from
search and seizure when he placed
garage in possession of his automobile). As a general rule, when con trol over the propert y is limited to
tempora ry custody for storage purposes with rights of access expressly
or impliedly denied, the co urts hold
that t he custodian lacks sufficient
capacity to consent. Co rngold v. U. S .,
367 F. 2d 1 ( 1966); Holzhey v. U.S .,
(Continued from page 23)
give a satisfactory account of her possession of the automobile, she was
taken into custody and the car was
removed to a local p olice lot. While
being detained at the station, the
friend gave the keys to the car to the
police who searched the trunk and
fo und incri min atin g evidence which
subsequentl y was used to convict the
defendant. In reversing the conviction, t he New Jersey State Supreme
Court refu sed to accept the implied
authorization theory which h ad infl uenced the holding in Eldridge. Instead, the court ruled tha t "where
the owner of an a utomobile entrusts
the possession and control thereof to
another, a search thereof with the
consent of the one so entrusted but
without a warrant and without the
express consent authorization of such
ment was complete and whose sacrifice was total.
What kind of monument can we
erect to keep alive the memory of
such men? What memorial can we
raise to their courage, their dedication, and their sacrifice?
I believe that if the men who have
given their lives to uphold the law
could speak, they would desire most
the type of testimonial which is to be
found in your presence here. With
every forward step we take in making
certain that our law enforcement representatives are better trained, better
equipped, and generally better prepared than their predecessors, we add
strength and dignity to the living memorial we are developing. The good
men whose lives have been sacrificed
on the evil altar of crime would find
in your determination, your effort,
and your dedication to the advancement of our profession the memorial
they would welcome above all others.
I thank you.
223 F. 2d 823 ( 1955 ) . The issue here
is analogous to that presented in Chapm an v. U.S ., 365 U.S . 610 (1961) ,
where the Supreme Court held that a
search by police officers of a house
occupied by a tenant violated the
tenant's constitutional right, even
though the search was made with the
authorization of the owner. There the
owner had not only apparent but
actual au thority to enter the home for
vari ous purposes, such as to "view
waste." Sin ce the purpose of the entr y
was not to view waste but to look fo r
evidence of a crime, the court held the
search unl awful. See Stoner v. California, 376 U.S. 483,489 (1964). On
this reasoning, it would seem that the
authority conveyed to the garage attendant would relate solely to the
pro per and safe storage of the vehicle,
and entry for any other reason would
be improper .
( To be continued in August)
�UNITED STATES DEPARTMENT OF JUSTICE
POSTA GE ANO FEE S PA ID
FEDERAL BUREAU OF INVESTIGATION
FEDER A L BUREAU OF I NVESTIGAT I ON
WASHINGTON , D .C.
20535
OFFICIAL BUSINESS
RETURN AFTER 5 DAYS
HONORAB LE IVAN ALLEN 9 JRc .
MAYOR
· AT L ANTA , Gl.
30303
M
�