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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 ..,_ ...... . __

·-· ·----·-* " ... ._ ,__,...,,....,, , ,__,, _CTGO ,_ -·- 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 <· .s; .t. .r. ·> ¢:- ~ ¢ -~

!,~

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 �