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[J51 g31J September 1989

Law Enforcement Bulletin

The Enrique Camarena Case

Also In This Issue:


Operational Streamlining
The Computer Criminal
Operation Freezer Burn
Traffic Stops
September 1989, Volume 58, Number 9 

Features 
1 The  Enrique Camarena Case­
A  Forensic Nightmare 
By  Michael  P. Malone 

7 Operational  Streamlining 
By  Hillary  M. Robinette 

14 Operation  Freezer Burn 
By  P.R.  Beseler 

18 The Computer Criminal: 
An  Investigative Assessment 
By  Larry  Coutourie 

26 Traffic Stops: 
Police Powers Under the Fourth  Amendment 
By  John  Gales Sauls 
Departments 
12 The Bulletin  Reports 
23 Book Review 
24 Focus 
32 VICAP  Alert 

mu 
Law Enforcement Bulletin
United  States Department of Justice  Published  by  the  Office  of  Public  Affairs,   The Cover: The abduction and
Federal  Bureau of Investigation  Milt Ahlerich , Assistant Director subsequent murder of DEA Special Agent
Washington, DC  20535  Enrique Camarena initiated one of the
most extensive forensic investigations ever
Editor-Stephen D. Gladis  conducted by the FBI Laboratory. See
William  S.  Sessions, Director  Managing Editor-Kathryn E. Sulewski  article p . 1.
Art Director- John E. Ott  The  FBI  Law  Enforcement  Bulletin 
The Attorney  General has determined  that  the 
Assistant Editor- Alice S. Cole  (ISSN­0014­5688)  is  published  monthly by 
publication of this periodical  is necessary  in the 
the  Federal  Bureau  of  Investigation,  10th 
transaction  of the  public  business  required  by  law  Production Manger ~oseph Andrew  DiRosa 
and  Pennsylvania  Ave. , NW., Washington, 
of the  Department of Justice. Use of funds  for  DC  20535. Second­Class  postage  paid  at 
printing  this periodical  has  been  approved  by  the  Washington , DC . Postmaster:  Send 
Director of the Office  of  Management and  address  changes  to  Federal  Bureau  of 
Budget.  Investigation, FBI  Law  Enforcement  Bul-
letin, Washington , DC  20535. 

ISSN  0014­5688   USPS 383­310  


The Enrique Camarena Case
A Forensic Nightmare
By
MICHAEL P. MALONE
Special Agent
Laboratory Division
Federal Bureau of Investigation
Washington, DC

/­_ _ _ _ _ _  September  1989  I 1 


O
n February 7, 1985, U.S. On this day, a witness observed a rancile throughout Mexico proved
Drug Enforcement man being forced into the rear seat fruitles , despite the effort of the
Agency (DEA) Special of a light-colored, compact car in DEA task f  rce assigned to inves-
Agent (SA) Enrique Camarena front of the Camelot Restaurant tigate this matter and the tremen-
was abducted near the U. S. Con- and provided description of sev- dous pre sure being applied by the
ulate in Guadalajara, Mexico. A eral of the assailants. After ome U .S. Government to accelerate the
short time later, Capt. Alfredo initial reluctance, Primer Coman- inve tigation . High-level, U.S.
Zavala, a DEA source, was also dante Pavon-Reyes of the Mexican Government officials, a well as
abducted from a car near the Federal Judicial Police (MFJP) their Mexican counterparts, were
Guadalajara Airport. The e two was put in charge of the investiga- becoming directly involved in the
abductions would trigger a series tion, and Mexican investigators ca e. It i believed that because of
of events leading to one of the were assigned to the case. Two thi "heat," the Mexican drug
largest investigations ever con- known drug traffickers, Rafael traffickers and certain Mexican
ducted by the DEA and would Caro-Quintero and Ernesto Fon- law enforcement officials fab-
re ult in one of the most extensive eca, were quickly developed as ricated a plan. According to the
case ever received by the FBI uspects. A short time later at the plan, the MFJP would receive an
Laboratory. Guadalajara Airport , as Caro- anonymous letter indicating that
Throughout this lengthy in- Quintero and his men attempted to SA Camarena and Captain Zavala
vestigation, unusual forensic prob- flee by private jet, a confrontation were being held at the Bravo drug
lems arose that required unu ual developed between Caro-Quin- gang' ranch in La Angostura,
solutions. Eventually, numerous tero's men. the MFJP and DEA Michoacan, approximately 60
suspect were arrested, both in the Agents. After some discussion, miles southeast of Guadalajara.
United States and Mexico, which Caro-Quintero and his men were The MFJP was suppo ed to raid
culminated in an 8-week trial held permitted to board and leave. It  the ranc~, eliminate the drug gang
in U.S. District Court in Los was later learned that a 6-figure and eventually di cover the bodies
Angeles, CA . bribe had been paid to Pavon- of SA Camarena and Captain
Reyes to allow this departure. Zavala buried on the ranch. The
The Abduction DEA would then be notified and
On February 7, 1985, SA The Investigation the case would be closed. Thu "
Camarena left the DEA Re ident During February 1985, the Bravo gang would provide an
Office to meet his wife for lunch . searches of several residences and easy capegoat.
During early March, MFJP
officers raided the Bravo ranch
before the DEA Agent arrived. In
the resulting shootout, all of the
gang members, a well as one

" Throughout this lengthy


investigation, unusual
forensic problems
MFJP officer, were killed. How-
ever, due to a mix-up, the bodies
of SA Camarena and Captain
Zavala were not buried on the
arose that required Bravo ranch in time to be dis-
unusual solutions. covered as planned. The indiVid-
ual paid to do this job simply left
them by the side of a road near the

Special Agent Malone


" ranch. It  was later learned that cer-
tain Mexican law enforcement
official were paid a large sum of
money to formulate and carryout
thi plan in order to obstruct and
prematurely conclude the inves-
tigation.

2  FBI  Law  Enforcement Bulletin  _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 


Shortly after this shootout, a the body of SA Camarena . He ing State Judicial Police Officers,
passer-by found two partially concluded that SA Camarena 's were arrested and interrogated
decomposed bodies , wrapped in death was caused by blunt-force concerning the kidnaping of SA
plastic bags, along a road near the injuries. In addition, SA Cama- Camarena. Primer Comandante
Bravo ranch. The bodies were rena had a hole in his skull caused Pavon-Reyes was fired, and arrest
removed and transported to a local by a rod-like in trument. SA warrants were i sued for a number
morgue where they were autop-
sied. The DEA was then advised

"
of the discovery of the bodies and
their subsequent removal to an- . .. certain Mexican law enforcement officials
other morgue in Guadalajara , were paid a large sum of money ...  to obstruct
where a second autopsy was per- and prematurely conclude the investigation.
formed.
On March 7, 1985, the FBI
dispatched a forensic team to
Guadalajara. They immediately
proceeded to the morgue to iden-
tify the bodie and to process any
Camarena's body was then
released to the American officials
and immediately flown to the
"
of international drug traffickers,
including Rafael Caro-Quintero
and Ernesto Fonseca.
United States. In late March 1985, DEA
evidence which might be present.
The nex t day, both FB I and Agents located a black Mercury
After much bureaucratic delay
DEA personnel proceeded to the Gran Marquis which they believed
from the local officials, they were Bravo ranch where the bodies was used in the kidnaping or trans-
finally allowed to proceed. The
were initially found. Because this portation of SA Camarena. The
bodies were identified only as site had been a completely uncon- vehicle had been stored in a
cadavers number I and number 2.
trolled crime scene, contaminated garage in Guadalajara, and a brick
It was apparent that each body had by both police personnel and wall had been constructed at the
been autopsied and that both were onlookers, only a limited crime entrance to conceal it. The vehicle
in an advanced state of decom-
scene search was conducted. It  was traced to a Ford dealership
position . Cadaver number I was
was immediately noted that there owned by Caro-Quintero. Under
quickly identified by the fin-
was no grave site in the area, and the watchful eye of the MFJP at
gerprint expert as that of SA that the ~olr of the oil where the the Guadalajara Airport, the FBI
Camarena . Mexican officials
bodies had been deposited differed forensic team processed the vehi-
would not allow the second body
from the soil that had been re- cle for any hair, fiber, blood and/
to be identified at this time;
moved from the bod ies . There- or fingerprint evidence it might
however, it was later identified
fore, "known" soi I samples from contain.
through dental records as Captain
the drop site were taken to com- During April 1985, the MFJP
Zavala .
pare with soil removed from the informed the DEA that they be-
The FBI forensic team
victims. It  was also noted that lieved they had located the
requested permission to process
there were no significant body flu- residence where SA Camarena and
the clothing, cordage and burial
id s at the "burial" site. This led Captain Zavala had been held. The
sheet found with the bodies but the
the forensic team to conclude that FBI forensic team was imme-
request was denied . However,
the bodies had been buried else- diately dispatched to Guadalajara;
they were allowed to cut small.
where, exhumed and transported however. they were not allowed to
"known" samples from these
to this site. proceed to the residence, located
items and obtain hair samples
The MFJP officials were later at 881 Lope De Vega, until an
from both bodies. Soil samples
confronted with the evidence that MFJP forensic team had processed
were also removed from the
the bodies had been relocated to the residence and had removed all
bodies and the clothing items . the Michoacan area. This was one of the obvious evidence. The DEA
A forensic pathologi st from of the factors which led to a new. was also informed that since the
the Armed Force Institute of unilateral MFJP investigation. As abduction of SA Camarena, all of
Pathology was allowed to examine a result, several suspects, includ- the interior walls had been

­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­_ _ _ _ _ _ _ _ _ September  1989  3 
painted, the entire re idence had testimony and forensic evidence On the second day, a thor-
recently been cleaned, and that a that several individuals interro- ough grounds search was con-
group of MFJP officer were pres- gated and tortured SA Camarena ducted. As FBI forensic team
ently occupying, and thereby con- in this room. In addition, a locked members were walking around the
taminating, the residence. bedroom, located on the second tennis court, they caught a glimpse
On the first day after the floor of the main hou e, was also of something blue in one of the
arrival of the FBI forensic team, drains. Upon closer inspection, it
they surveyed and began a crime appeared to be a folded license

"
scene search of the re idence and plate , at the bottom of the drain.
urrounding grounds. The The forensic pitfalls and However, a heavy , iron grate cov-
residence consists of a large, two- problems of this case ered the drain and prevented the
story structure with a wimming . . . were eventually plate's immediate retrieval.
pool, covered patio , aviary and resolved. When one of the FBI Agents
tennis court surrounded by a com- returned to the main hou e to ask

"
mon wall. The mo t logical place the MFJP officers for a crowbar,
to hold a prisoner at this location processed, and the bed linens were they became extremely curious
would be in the small out-building removed from a single b ed. and followed the Agent as he
located to the rear of the main Known carpet samples were taken returned, empty handed, to the
residence . This out-building, des- from every room in the residence. tennis court. By this time, a ec-
ignated as the "g uest hou e," A beige VW Atlantic, which ond Agent had managed to remove
consisted of a small room, car- fit the general de cription of the the grate by u ing a heavy-wire
peted by a beige rug, with an smaller vehicle noted by the per- coat hanger. The license plate was
adjoining bathroom. The entire son who witnessed SA Cama- retrieved, unfolded and pho-
room and bathroom were ·proc- rena's abduction, was parked tographed. The MFJP officers, all
es ed for hairs, fibers and latent under a carport at the rear of the of whom were now at the tennis
fingerprints. The single door into residence. The VW Atlantic was court, became upset at this discov-
this room was made of steel and also processed for hair ,fiber and ery, and one of them immediately
reinforced by iron bars . It  was fingerprints. contacted his superior at MFJP
ultimately determined by means of headquarter , who ordered them to

DEA Agents remove the brick wall concealing the black


Mercury Gran Marquis believed to have been used in the
kidnaping and transportation of SA  Camarena.

4 I FBI  Law  Enforcement  Bulletin  _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 


secure the license plate until the almost grain for grain, indicating interrogator during his ordeal at
As istant Primer Comandante that this site was almost certainly 881 Lope De Vega.
arrived on the scene. After his their burial site before they were
arrival approximately 20 minutes relocated to the Bravo ranch. The Trial
later, he eized the license plate Later that fall, after further In July 1988, the main trial of
and would not allow the Ameri- negotiations between the U. S. and the murder, interrogation and
cans to conduct any further the Mexican governments, permis- abduction of SA Camarena began
searches. sion was finally granted for an FBI in U.S. District Court in Lo
However, by this time, five forensic team to process the evi- Angeles, CA. The forensic evi-
very large plastic bags of evidence dence seized by the MFJP forensic dence presented in this trial identi-
had been recovered and were team from 881 Lope De Vega the fied 881 Lope De Vega as the site
placed in the rear of a DEA truck. previous April. The evidence con- where SA Camarena had been
The evidence was quickly trans- sisted of small samples the MFJP held. The evidence also strongly
ported to the DEA vault in the had taken of SA Camarena's bur- associated two Mexican citizens,
U.S. Consulate. ial sheet, a piece of rope used to Rene Verdugo and Sergio Espino-
After negotiations between bind SA Camarena, a portion of a Verdin, with the "guest house" at
the United States and Mexico, the pillowcase removed from bedroom 881 Lope De Vega. Several types
MFJP did allow a second, final number 3, a piece of unsoiled rope of forensic evidence were used to
search of the residence. On June removed from the covered patio associate SA Camarena with 881
24, 1985, a forensic team returned and a laboratory report prepared Lope De Vega: Forcibly removed
and processed the four remaining by the MFJP Crime Laboratory. head hairs, found in the "guest
rooms on the first floor of the The remainder of the evidence had house" and bedroom number 4, in
main house. been destroyed for "heal th rea- the VW Atlantic and in the Mer-
By this point in the investiga- sons. " cury Gran Marquis, and two types
tion, an associate of Rafael Caro-
Quintero had been arrested and
interrogated by the MFJP. He
stated that the bodie of two
Americans, Albert Radelat and
John Walker, who had been ab-
" .. . almost all of the evidence introduced at the
trial made a tremendous impact on the
outcome of this proceeding.
ducted and killed by Mexican drug
traffickers, were buried on the
south side of La Primavera Park, a
large, primitive park west of
Guadalajara. The bodies of
Radelat and Walker were located
In January 1986, a drug traf- of polyester rug fibers, a dark,
ficker named Rene Verdugo, who rose-colored fiber and a light-col-
was considered to be a high-rank- ored fiber. Fabric evidence was
"
ing member of the Caro-Quintero also presented, which demon-
and recovered. Soil samples taken
gang, was apprehended and taken strated the similarities of color,
from the surface of an area near
to San Diego, where he was composition, construction and
their graves were similar in most
arrested by the DEA. He was then design between SA Camarena's
respects to the soil recovered
transported to Washington, DC, burial sheet and the two pil-
earlier from the bodies of SA
Camarena and Captain Zavala. where hair amples were taken. lowcases recovered from bed-
In September 1985, DEA He refused to testify before a Fed- rooms number 3 and 5.
personnel went to La Primavera eral grand jury investigating the Based on this evidence asso-
park and sampled an area approx- Camarena case. Later that year, ciating SA Camarena and 881
imately 2 feet below the surface DEA personnel obtained hair sam- Lope De Vega, the FBI Labora-
near the same site. This sample ples in Mexico City from Sergio tory examiner was able to testify
matched the soil samples from SA Espino-Verdin, a former federal that SA Camarena was at this
Camarena and Captain Zavala comandante. who is believed to residence, as well as in the VW
have been SA Camarena's primary

­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ September  1989  I 5
­­­­
L. 
Li
P lates 
F ound 
Tennis 
Court PRIVATE
BUSINESS 
~.

BATHHOUSE  &  SPA  I 

\::Y
WALL 

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vw B
Coyered SIDE  
­ GROUNDS  Porch /  ENTRANCE  

Cfl 
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WALL AND  ARCHWAYS 
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• ROOM
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LIBRA RY 
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KITCHEN  MAIN  HOUSE  
GARAGE  
Area   I 
FRONT  PORCH 

Left: Diagram of the 881  Lope De Vega grounds.


Sliding Gate
Top right: The beige VW  Atlantic which was  found parked
under a carport at the rear of the residence.
Bottom right: The " guest house " in which Camarena was
interrogated and tortured.

Atlantic and the Mercury Gran ects Section of the FBI Laboratory routine procedures had to be ig-
Marquis, and that he had been in a for the trial. Over 20 trial charts nored or unconventional methods
position such that his head hairs were also prepared to explain the employed. However, in many
were forcibly removed. Captain various types of forensic evidence. instances, detailed trial testimony
Alfredo Zavala was also fo und to These chart proved invaluable in overcame the limitations of certain
be associated with the "guest clarifying the complicated tech- evidence. and eventually, almost
house" at 881 Lope De Vega. niques and characteristics used in all of the evidence introduced at
Light-colored nylon rug fibers, the examination of the hair, fiber, the trial made a tremendou im-
found on samples of his clothing fabric and cordage evidence. pact on the outcome of this pro-
taken at the second autopsy, ceeding. After an 8-week trial,
matched the fibers from the Conclusion conducted under tight security and
"guest house" carpet. The forensic pitfal Land involving hundreds of witnesses,
A detailed model of the problems in this case (i .e. destruc- all of the defendants were found
residence at 881 Lope De Vega tion of evidence, contamination of guilty, convicted on all counts and
wa prepared by the Special Proj- crime scenes) were eventually are currently serving lengthy sen-
resolved. In some case~, certain tences. @3' 

6  FBI  Law  Enforcement Bulletin  _ __  _  _ _ __ _ _ _ _ _ __  _  _ _ _ _ __ _ __ _ _ _ __ _ _ __  _ 


Operational Streamlining

By
HILLARY M. ROBINETTE M.B.A.
Special Agent
Management Science Unit
FBI Academy
Quantico, VA

T he large police department


of the next two decades
will have fewer lieuten-
ants, captains and majors. fewer
mid. Advancement will be across for convincing courtroom testi-
the organization and not up. Spe- mony, or for anyone of a growing
cialists will be rewarded for practi- variety of police social services.
cal applications of their skills, and Large departments will see
staff departments, and fewer staff seniority will be less important members posted on extended tem-
assistants. There will be more ser- than individual contributions. The porary duty to interjurisdictional
geants and more officers who may manner in which police officers task forces. From time to time, a
be called "command patrolman." perform their duties will become department will be the lead inter-
The typical departmental as important as their accomplish- jurisdictional agency to attack ad
organization chart will no longer ments themselves. Statistics and hoc crime, either of a unique and
look like a pyramid. Instead, the numerical measurements of per- local nature or of a regional and
top will be pushed down and the formance will be less important even global nature.
sides will expand at the very base than the quality of that service, The traditional paramilitary
of what used to look like a pyra- whether it be for a felony arrest, police organization of today will

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ September  1989  7 
Special Agent Robinette administratively moribund system
that disallows the exercise of
human judgment and discretion."4
With such a diagnosis, she con-
cludes that deregulation of the
public sector is as important as
deregulation of the private sector.

" Operational
streamlining ... 
requires organizational
One effect of public sector
deregulation is to reduce the com-
plexity of the delivery of public
service.
flattening. Complexity costs, and pre, -
sure to reduce costs wi II continue.

"
especially those of overhead and
administration. The demand for
police services will continue to
rise in many communities, but
voters will hold the line on tax
change. Tomorrow will not look rations, pol ice departments often increases. Some departments will
like yesterday. have whole layers of management find themselves in competition
personnel-sworn personnel- with private security firms and
Operational Streamlining who neither make decisions nor will charge fees for services in the
Operational streamlining, as lead. Peter Drucker says of these attempt to recoup operating costs.
it is now being called by some city managers that "their main, if not Regional and other combined
managers, requires organizational their only, function is to serve as training activities will continue to
flattening. Theorists argue that 'relays'-human boosters for the grow as departmental training
within 20 year, a large business faint, unfocused signals that pass units are dismantled to reduce
organization will have ..... fewer for communications in the tradi- overhead.
than half the levels of management tional pre-information organiza- Despite community demands
of its counterpart today. and no tion. "3 for wider and more responsive
more than a third the managers. " I   Drucker would claim that police services, departments will
Whether such a forecast applies to today's police departments are have to evaluate resource deploy-
police departments is speculation, organizationally based on a com- ment. Departments will need to
but arguments offered by business mand-and-control model adapted develop an operational flexibility
theorists and practi tioners al i ke from the military 100 years ago. to shift quickly from specific
may also apply to public service Indeed, some of the present Fed- enforcement efforts against crimi-
organizations as well. eral personnel regulation practices nal activity to drug demand re-
John F. Welch, Jr., Chairman can be traced back to President duction programs, community
of General Electric Company. Grant's Administration in 1871. policing program . public disorder
says, "This whole idea of broad- The concepts of social and response actions, or some trade-
ening out the organization, flatten- economic reconstruction after the off combination. Such require-
ing it more, ... should free people Civil War had a military tone, and ments will overstrain the com-
up. It  should also say to people, indeed, leadership in both the munications process of the
'you can't do some of the things North and South was heavily traditional organizational struc-
you used to do.' That's the hardest influenced by 19th century mili- ture.
part of the equation-getting peo- tary methods. Constance Horner. Typewritten memos which
ple to under ·tand that things have former director of the Federal are pushed around buildings in
to fall off the truck. We can't have Office of Personnel Management. wire carts are already being
a 1988 management philosophy claims that massive accumulations replaced by electronic networks.
with a 1966 management proc- of Federal personnel rules alone Steel file cabinets are being
ess. "~A in many private corpo- (6,000 pages) ..... have led to an

8 I FBI  Law  Enforcement  Bulletin  _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 

_  I
replaced by magnetic storage charts from their departments . A tions, patrol (includes traffic), and
discs; telephone booths, by ce llu - random review of the charts special operations.
lar phones. The technology is revealed that many of the mid- The 1998 composite model
here, and as pol ice managers sized departments (100-300 sworn (fig. 2) represents a hypothetical
become more adept with its use, officers) had many staff positions restructuring or streamlining of the
communications methods will and several layers of management. 1988 composite. The total number
change. An article in a recent F or- The 1988 composite model (fig. I) of deployable rank and file
IlIl1e Maga:il1e noted, "Professor sets forth the ranks which were remains the same (171 )-although
IJ.  Brian] Quinn of Dartmouth ... represented in a hypothetical orga- some or all of the dollars saved by
argues that so-called spans of con- nization based on the charts streamlining could be used to hire
trol- the number of subordinates reviewed. Such a composite more street officers. In this
one executive can effectively com- reflects a typical structure of many restructured department, there are
mand-are g ivi ng way to 'spans mid-sized departments . fewer levels of administration but
of co mmunications,' the number Whether such an organization retention of the police service
of people an executive can reach is truly typical is speculation, but functions. Streamlining also
through a good information sys- a large number of mid-level ranks requires enlargement of the num-
tem ." Ultimately, he says, man- and offices in many departments is ber of tasks and responsibilities of
agers cou ld have as many as 200 typical, especially in the larger first-line managers .
people reporting to them.) Such departments. The streamlined department
changes in communication proc- The 1988 composite model has 16 sergeants. 13 lieutenants, 3
esses will reduce the need for has several tiers of management. captains, no inspectors , and no
intermediate leve ls of review and Contained within the tiers are 3 majors . sing the same salary data
research as the lowest manager in inspectors, 6 majors. 10 captains, as before. the direct salary costs
th e chai n- t he o ne nearest the 22 lieutenants. and 31 sergeants- are $675,900. The difference
act ion-wi ll be ab le to obtain the all sworn police personnel. Based between totals is $921,500, a sub-
benefits of review a nd a na lys is on an average of salary levels stantial and politically attractive
with an electronic device. reported in 1977, the total per sum that can be described as a
al1llUI/I cost of these positions is savings that results from stream-
The Financial Argument $1.597,400. 6 If adjusted for 1990. lining .
Advocates of operational
. treamlining in public ervice
organizations-specifically law
enforcement organiza tion s-can "
present a te llin g co, t-red uc ti on
argument. City managers, mayors,
Performance appraisal in the streamlined
organization will focus on interagency
networking and cooperation ....
and ot her e lected officia ls must

"
respond to strong pressure to
reduce the cos ts of government. the figure would. of course. be The Human Relations Argument
The delivery of government serv- much higher. However. since the Besides efficiency and cost
ices. as well as police services, is purpose of the present comparison reduction, advocates of opera-
labor intensive. The largest part of is on ly to demonstrate re/atil 'e tional stream lining also offer good
all local gove rnmen t budgets pays savings, or a streamlining ratio, arguments based on human rela-
emp loyees and their benefits. adjustment is not critical. tions theory . One of. these argu-
Streamlining reduces significantl y The 1988 composite model ments supports the Herzberg
the salary budget. department employs 171 rank-and- notion of job enrichmen t, which
During the last quarter of file officers deployed in five func- involves altering job content to
19 88, pol ice officer studen ts ti onal units : one unit for admin- give the worker more control.
attending the FBI National Acad- istration. one for technical more decisionmaking opportunity.
emy at Quantico, VA. provided suppor!; one each for investiga- and improved performance feed-
the a uth or with organ izationa l

­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ September  1989  9 
Figure 1
content of office  titles  and  position 
1988 Composite Model de  cription  .  When  the  entire job 
content  of  a  post  or  position  can 
be  delegated  to  subordinate  ,  the-
Inspectors ....3  a $41  . ....each  =  $  123  (thousands)  orists  urge  decentralization,  auton-
Majors .......6  @ 23.4 ... . each  140.4  omy,  and  lower­level  decision-
Captains .... 10  @ 24.7 .. . . each  247  making  that  i  "close  to  the 
Lieutenants ..22  @ 23.2 ....each  510.4  customer."  "Clo  e  to  the 
Sergeants ...31  @ 18.6 ....each  576.6  customer"  i  a  phrase  that  is  used 
by  Thomas  J.  Peters  and  Robert 
TOTAL 72  $1,597,400   H.  Waterman,  Jr.,  to  describe  one 
of the  salient  qualities  of excellent 
organization  .  Another  important 
quality  they  found  in  their  exam-
Figure 2 ination  of  the  o­called  excellent 
companies  wa  de  cribed  as  "sim-
ple  form,  lean  staff."  In  explain-
1998 Composite Model ing  "simple  form,  lean  taff." 
they  claim  that  an  organization 
with  a  heavy  superstructure 
Captains .....3  @ $24.7  each  $  74.1  (thousands)  "  ... get[ s) I  paralyzed  because  the 
Lieutenants .. 13  @ 23.4  each  304.2 
structure  not  only  does  not  make 
Sergeants ... 16  @ 18.6  each  297.6  priori tie '  clear,  it  au tomatica ll y 
dilute  priorities.  In  effect,  it  says 
TOTAL 32 $675,900  to  people  down  the  line:  'Every-
thing  is  important;  pay equal atten-
tion  to  everything.'  The  message 
back. It  may also include the addi- example,  lieutenants  and  captains  is paralyzing.' ' S 
tion  of  new  tasks  through  job  who  e  daily  and  routine  activities  Champions  of low­level  deci-
enlargement. 7  if a  traditionally  do  not  include  command  deci- ion making  will  pres  for  stream-
organized  department  has,  over a  sions.  Research,  review,  analysis,  lining  mea  ures  to  emphasize  the 
period  of  time,  created  mid­ and  planning,  training,  housekeeping,  benefit  of  job  satisfaction  for 
senior­level  positions  primarily  to  lower­level  personnel  as  an  anti-
provide  promotional  opportunities  dote for  police officer burnout. 
They  would  argue  that 
and  additional  career  plateau  lev-
els,  ome  of those  posi~n con-
tain  job  tasks,  work  clusters,  and 
kill­level  requirements  that can  be 
" The typical
departmental
organization chart will
streamlining  cuts  through  the 
weeds  and  thicket  of administra-
tion  that  ap  nouri  hment  and 
impede  per  onal  growth  on  the job 
redistributed  down  to  the  lower  no longer look like a and  ub  equent  fruitfulness.  Some 
ranks.  pyramid.
Responsibility,  a  well  as  sat- of  the  quantitative  methods  of 
isfying  and  challenging  work,  is  a  police  performance  will  give  way 
strong  motivator  according  to 
motivation  researchers.  Propo-
nents  of streamlining  claim  that  in 
some  mid­level  and  senior­staff 
"
and  maintenance  in  ome cases are 
some  of the  work elements  which 
can  be  reassigned  to  lower­level 
to  more  qualitative  assessments. 
Performance  appraisal  in  the 
streamlined  organization  will 
focus  on  interagency  networking 
po  itions,  there  are  task  which  do  rank.  and  cooperation  in  the  struggle 
not  require  command  authority  for  Theories  and  practice  of del- again  t  social  maladie  ,  whether it 
accompli  hment.  They  cite,  for  egation  come  under  clo  e  scrutiny  be  dealing  with  the  homeless, 
during  a  review  of actual  work 
managing racial strife, eliminating formerly managed by lieutenant , struggle to keep budgets in line,
youth gang , countering consumer they are going to expect increase meet community demands, and
and business fraud, or facing bat- in pay. As long as public agencies keep a hard-working police depart-
tles in the war on drugs. are tied to quasi legal job descrip- ment functioning. Operational
Growing public demands for tions, and each job description is streamlining will find strong advo-
remedies to child abuse, spouse rewritten to include tasks formerly cates, but in some departments
abuse, parent abuse, drug abuse done by a higher ranking officer, resistance may be strong enough
and others will require police to
participate, and in some case,

"
lead a cooperative correction effort
with other public service agencies. ... a major problem that streamliners will have is the
Tom Peters says "relation- endemic resistance to change .. ..
hip management," which comes
with streamlining. will sound the
death knell for hierarchy . He
claims that "flat" organizations
are already clobbering "steep"
the price tag of the job description to prevent it. In either case, there
will ri e. At contract renegotiation will be turbulence and change.
time. such issues will be on the Tom Peters' advice to love change
ones in the competitive arena of table.
"
i tough advice for traditionally
business. "Managers' days are
Additionally, some admin- minded and conservative police,
numbered," he says. "and every-
istrators and bargaining units will but as the French poet Paul Valery
one everywhere will work in self-
argue to retain promotional oppor- observed, "The trouble with our
managing groups or teams, with
tunities up the traditional hierarchy times is that the future is not what
no formal boss. Many of these
in order to motivate officers with it used to be . " [F~
groups will even include outsiders.
high leadership and management
All employees [will have tal be
potential. These administrators Footnotes
treated as volunteers. Only people
will view streamlining efforts as 'Peter F. Drucker. "The Coming of the
who feel like volunteers commit to
career path obstructions. They will New Organization." Harmrd Busilless
lifelong learning and constant
sea rch for and highlight admin- Rel·iell". January-February 1985. p. 45.
improvement. "9  1Joh n F. Welch. a~ quoted in " GE ',
istrative and operational impedi- Management Mi,sion." The WashillglOlI POSI .
Whether any of these argu-
ments to reorganization . May 22.  19S5, p. HI.
ments and sweeping claims about 'Supra note I. p. 46 .
Finally, a major problem that
the near future have any weight or ' Con,tance Horner. "Beyond Mr.
streamliners will have is the Gradgrind: The Ca,e for Deregulating the Pub-
validity with respect to law
endemic resistance to change that lic Sector. " Policy Rel'iell', Spring 1988.
enforcement remains to be seen.
seems characteristic of many p. 35 .
And, there are those who will ' FOri/IIII' Mti/itl:ille. September 26. 198B.
police departments and law p.52.
oppose any and all streamlining
enforcement agencies. However, hMichacl T . Farmer. SIIITe,r  or PoliCI!
actions.
Tom Peters argues: . "If it ain't Operaliollal alld Admillislr(J/i l'e Pracrice.l 1977
(Washington , DC: Police Executive Re,earch
Resistance To Streamlining broke, don't fix it' was good Forum . 1978), pp . 117-140.
Not only individuals but also advice in the past, but the new Nalllre 7Frederick Herzberg. Work alld Ihe
0/ Mall (  ew York : ew American
groups will resist streamlining rallying cry will be 'change every-
Library . Inc .. 1973 ).
moves. For example. some collec- thing, starting right now' .. . , if it ' Thoma, J. Peter, and Robert H. Water-
tive bargaining units will push for ain't broke, you haven't looked man. Jr. , III Search or Excellellce (New York:
Harpcr&Row.1981),p.307 .
money that is "saved" by hard enough" is his assessment of "Thomas J. Peters, "Rate Your Firm on
eliminating mid- and top -level the times. "Learn to love These 18 Emerging Realities ," Washing/Oil
staff positions. They will fight to change," he says.IO Busilll!H Journal, January 23. 1989. p. 10.
''' Ibid .
have " aved" money follow the
path of redistributed work. When Conclusion
sergeants are given responsibilities Change will come to police
departments as municipalities

­ ­_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ September  1989  I 11 


The Bulletin Reports

Asset Forfeiture Bulletin Attorney-Client


The Police Executive Six reports in the BJA-PERF
Privilege Law
Research Forum (PERF), in coop- Asset Forfeiture series are now
erative agreement with the Bureau available. They are: I) Civil For- The American Bar Associa-
of Justice Assistance (BJA), pub- feiture: Tracing the Proceeds of tion's (ABA) Section of Litigation
lishes the Asset Forfeiture Drug Trafficking, 2) Public Rec- has published a second edition of
Bulletin, a periodic newsletter of ord Information, 3) Managing an a book entitled Attorney-Client
the Asset Forfeiture Training and Inventory of Seized Assets, 4) Privilege and the Work-Product
Technical As istance Project. A Financial Search Warrants. 5) Doctrine. This second edition is
recent edition of the newsletter Plea Bargains and Use of the substantially revised and updated
features article on" Detecting Polygraph, and 6) Tracing Money to reflect new developments and
Local Business Money Launder- Flows through Financial increa ed complexity in the law .
ing," "Federal Equitable Sharing Institutions. Designed as a general litiga-
Program, ,. and "How CPAs For individual copies of tor' guide to the current state of
View Money Laundering," as these reports. write ro (he BJA the law. the book explain' how to
well as a legal corner and a Asset FOIj'ei(ure Project. Police anticipate and defend against
review of recent law review arti- Executive Research Forum. 2300 challenges to the basic principles
cles on forfeiture and related M Street. NW. Suite 910. Wash- of confidentiality. It discusses the
Issues . ington. DC 20037. purpose, scope, and elements of
the attorney-client privilege and
the work-product doctrine, noting
when the principles apply and
when there are exceptions. Other
1988 Data Report topics include what constitutes a
waiver, how to guard against an
The Bureau of Justice Statis- justice policymakers are sum- unintentional waiver, the poten-
tics (BJS) has released the BJS marized in the report. A section tially damaging ethical conflicts
Data Report, 1988, which pres- 011 each i sue presents the most
that can arise. and trends in court
ents highlights of the most current current national data available on interpretations. The authors also
data from the BJS statistical the subject and summarizes BJS incorporated case illustrations and
series. Since its creation in 1979 data collection and analysis practical tips to show how con-
as an agency within the U . S. activities on the topic. fidentiality principles have
Department of Justice, BJS has To order this BJS report. evolved from an absolute barrier
developed more than 2 dozen write (0 (he National Criminal to a strict construction of the law
major data collection series. Justice Reference Sen·ice. P.O. intended to balance competing
The 1988 report is the third Box 6000. Rochille. MD 20850. interests and address ethical
consecutive statistical overview to or call 1-800-732-3277. For complexities. 4
be published by BJS. Data on Maryland alld Washington. DC, The book may be ordered
drugs and crime, prison crowd- lIletropolitan area callers. the from (he American Bar Associa-
ing, sentencing, victims, and number is 1-301 -251-5500. tion Order Fulfillmen( 531. 750
other key issues facing criminal North Lake Shore Drive. Chi-
cago. IL 606JJ.

12  FBI  Law  Enforcement  Bulleltn  _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 


Information Crime Prevention Survey
Exchange A  national  survey  by  the  ing  crime  reporting,  reducing 
National  Crime  Prevention  Coun- drug  supply  and  demand,  encour-
A Network of Knowledge- cil  (NCPC)  determined  that  7  out  aging joint  problem  solving  by 
Directory of Criminal Justice of  10  of the  Nation 's  chiefs  of  police  and  community  groups, 
Information Sources is a resource police  and  sheriffs  believe  crime  encouraging  Neighborhood  Watch 
that profiles 167 national and prevention  to  be  an  important  part  groups,  providing  crime  preven-
regional criminal justice informa- of their  work.  Prevention  was  tion  information  to  all  citizen  , 
tion  sources.  It  is  based  on  a  ranked  equally  as  important  as  and  working  with  other govern-
1988  survey  of more  than  400  criminal  investigations  in  their  ment  agencies  to  address  local 
criminal  justice  agencies  and  agencies' responsibilities.  problems. 
describes  information  center  that  A  total  of 788  interviews  Partnerships  were  viewed  as 
offer such  services  as  data  base  (440  chiefs  and  348  heriffs)  were  critical  to  pre  ent  and  future 
searches,  reference  services,  and  completed  and  included  questions  crime  prevention  efforts,  with  9 
technical assistance.  about  crime  prevention  beliefs,  out  of  10  respondents  saying  the 
Criteria  used  to  elect  organi- knowledge,  policies.  and  practices  responsibility  for  preventing  crime 
zations  listed  in  the  directory  from  the  chief law  enforcement  is  shared  equally  among  law 
included  the  scope  of services  executive's  perspective.  The  sur- enforcement  agencies,  citizens, 
offered,  types  of services.  vey ,  commissioned  by  the  NCPC  and  other  agencies.  In  looking  at 
response  to  telephone  and  mail  as  part  of a  multifaceted  re  earch  the  future,  the  chiefs  and  sheriffs 
requests.  and  costs  or  membership  program,  revealed  that  a  substan- placed  heavy  emphasis  on  involv-
requirements.  The  appendices  tial  majority  of the  chiefs  and  ing  the  media ,  schools,  voluntary 
contain:  sheriffs  see  citizen  crime  preven- organization  ,  social  service  agen-
•  A  listing  of members  of the  tion  effort  a  effecti ve.  In  cies ,  businesses,  and  churche  in 
Criminal  Justice  Information  addition,  re  pondents  strongly  crime prevention efforts. 
Exchange  (CJIE)  group­­a  NlJ/  supported  training  in  crime  pre- For a copy of the results of the
NCJ RS­coordinated  library  vention  for  all  sworn  officers,  survey, contact the National
network­and  their  addresses  augmente'd  by  officers  assigned  as  Crime Prevention Council, 733
•  A  listing  of State  criminal  crime prevention specialists.  15th Street, NW, Washington, DC
justice system  representatives  The  chiefs  and  sheriffs  20005, or call 1-202-393-7141 .
placed  high  priority  on  encourag-
•  A  listing  of Federal  
information  centers  and  
telephone  numbers  
A Network  of Knowledge 
can be ordered by callinq NC1RS
tol/free at 1-800-851-3420. For The Bulletin Reports, a collection  of  criminal justice studies , 
Maryland and the Washington, reports,  and  project findings, is  written  by  Kathy  Sulewski . Send  your 
material  for  consideration  to:  FBI Law Enforcem·ent Bulletin, Room 
DC, metropolitan area callers, 7262,  J.  Edgar  Hoover Building,  10th  &  Pennsylvania  Ave .,  NW, 
the number is /-301-251-5500 . Washington , DC  20535. 
(NOTE : The  material  presented  in  this  section  is  intended  to  be 
strictly  an  information  source  and  should  not  be  considered  as  an 
endorsement  by  the  FBI  for  any  product  or service .) 

___________________________________ 
September  1989  I 13 
Ii 
II 
Operation
Freezer
Burn

By
P. R.  BESELER
Chief Supervisory Investigator
State  Attorney's Office
Special Prosecution Division
Jacksonville, FL


t's a hot, summer night and a feeling of helplessness and mis- men steal millions of dollars
woman is going to the refrig- trust. Although she did not know annually.
erator for a refreshing bowl of it, she had just become a victim of The average homeowner,
ice-cream, only to discover that crime, becau e the repairman who knows very little about how
the freezer is "on the blink . " intentionally sold her a part she appliances operate, presents an
Fearing the wor t, she calls a re- did not need. ea y target for con-men in the
frigerator repair service advertised Every consumer has known appliance repair industry. In most
in a phone directory. Several the feeling of being at the mercy States. this industry is vastly unre-
hours later, she is presented with a of someone in the repair industry. gulated and little more is needed
bill in excess of $100 and told that What many consumer don't know than an occupational license and a
the defrost timer was defective and is that the above scenario is played tool box to enter the appliance
had to be replaced. As she wrote out thousands of times each day, repair business.
the check to the smiling repair and that their worst fears are often [n an effort to curb appliance
man, she was overwhelmed by a justified. In fact, dishonest repair- repair fraud, the State Attorney's
Office in Jacksonville, FL, de- graph would later prove that the form of a padded bill. This tactic
signed and implemented an under- refrigerator was in proper working also enabled such "shade tree"
cover operation entitled "Opera- order. Then, the refrigerator was repairmen to operate with no over-
tion Freezer Burn." Investigators disabled in a variety of ways. The head and to drift in and out of the
were shocked at the results. evaporator fan motor wire was dis- area.
Almost half of the 28 repair com- connected, the temperature dials An initial call to a repair
panies called charged for parts were turned to the wrong setting, company dispatcher was made and
they never used or for work they and the refrigerator was unplugged recorded. The investigators were
never performed. In fact, 12 from the wall receptacle. instructed to avoid being specific
repairmen were charged with To develop a list of target and to simply state that the
various criminal offenses, and an repair companies, the State refrigerator was not cooling prop-
almost equal number were labeled Attorney 's Office obtained reports erly. Thus, the repairman could
as incompetent by refrigeration from the Consumer Affairs Divi- not later offer the defense that he
experts acting as consultants to the sion and the Better Business was only performing a repair
investigation . Bureau. Many of these repair which the customer requested.
companies ran full- and half-page To assure that the repairman
The Investigation Process directory ads, only listed the com- arrived at a certain time, the inves-
The method of investigation pany name and phone number, tigator presented himself as a real
was simple, yet precise. And, and omitted the address in an estate agent and explained that the
because these transactions would obvious effort to make themselves refrigerator was in a vacant house,
be the subject of criminal court unavailable or hard to find if a the sale of which was contingent
proceedings , all evidentiary and complaint should arise. It  was upon all the appliances working.
investigative guidelines were fol- later learned that many of these In order to not waste time waiting
lowed to ensure the integrity of the companies also used call forward- for the repairmen to arrive,
case. ing to transfer calls to other cities appointments were set up for the
The first step in the operation where a room full of operators an- "real e tate agent" to meet the
was to secure the services of two swered them and dispatched repairmen at the vacant house.
refrigeration experts whose integ- repairmen. These repairmen paid As each repairman arrived at
rity and ability were unquestion- the referral service a fee for each the appointed time, he was greeted
able and who would maintain call they received and passed the by an undercover officer who was
secrecy about the investigation. cost along to the consumer in the wearing a body transmitter.
One expert was cho en from the
teaching profession; the other
owned his own repair business.
Their testimony would be essential
should any case go to trial.
Next, a vacant house in an
average neighborhood, donated for
use during the investigation, was
set up for the operation. A used
refrigerator was also placed in the
" The average
homeowner ... presents
an easy target for
house , and its essential parts were
con-men in the
carefully marked for future identi- appliance repair
fication with a red, indelible mark- industry.
ing pen. Then, the refrigerator's
temperature and on /off cycles
were graphed using a standard
temperature cycle machine. The
"
Mr. Beseler

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ September  1989  /  15 


Another investigator in a sur- investigator, but on camera, taking checks and/or the identification
veillance position outside the new parts out of their tool boxes, they used to cash them.
house also photographed each sus- breaking terminals off and present- Close-up, still photograph of
pect's vehicle upon arrival and ing the broken parts to the inves- the refrigerator, its serial number
recorded its vehicle identification tigators. In addition, som re- plate. and the work performed or
number and license information pairmen also returned parts that damage done by repairmen were
because the repair trucks could be did not bear the red markings, and also taken . In some ca es, incom-
the ubject of civil forfeiture. Thi upon checking. the original part petent repairmen broke plastic
also helped to later identify the was still in the refrigerator after parts of the refrigerator. had not
workmen who. in every instance, the repairman charged to replace replaced screws, had added excess
gave their real names in the initial it. freon (whic h cou ld ru in the com-
introduction. When directed to the The video tape also revealed pressor), and performed va rio us
refrigerator, the repairman was many other indiscretions . In one other shoddy work.
told that it was not cool ing prop- instance, a repairman wa. revealed After each visit by a repair-
erly. Officers in an adjoining room tapping a screwdriver against the man, the refrigerator experts
videotaped the repairman's side of the refrigerator to simulate removed any new parts that had
actions. The undercover officer repair noi 'e after he had already been installed, replaced them with
then informed the repairman that found the loose wire and con- original, marked parts, if they had
he had to check something outside nected it minutes before. In this not been broken by the suspects,
and excused him elf to allow the particular case, parts were paid for and made any other necessary
repairman to work privately. that were never replaced. In addi- repairs. Another temperature
Returning a few minutes tion, some workmen even billed graph was al 0 made to prove that
later, the investigator would for allegedly performed service the original part was ·till in good
inquire as to the exact problem checks on parts of the refrigerator working order.
and what repair were performed which are accessible only from the In each of the cases charged,
the suspect's actions and/or tate-
ments to the investigator proved
the intent to defraud the customer.

" Almost half of the 28 repair companies ... 


charged for parts they never used or for work
they never performed.
For example. two of the repairmen
were observed laughing when they
located the loose wire. After they
reconnected it. they stalled for
several minutes and then informed

"
to correct it. After getting as rear of the unit. In these instances,
detailed an explanation a. possible the video tape clearly showed that
and assurances that the repairs the refrigerator had never been
the customer that the defrost timer
switch, which is located at the rear
of the refrigerator, wa defective
and had been replaced. However,
were necessary, the in vestigator pulled away from the wall. [t also
the refrigerator had never been
asked for the old parts to show the revealed that some repairmen even
moved. And, when the inve ·tiga-
prospective buyers of the property looked into other areas of the
tor asked for the old part, one of
that the repair were performed. house when they thought they
the workmen went outside,
Many of the repairmen. who had were alone .
retrieved an old part from the
not actually replaced a part or who After the repairmen finished
truck and presented it to the inves-
had replaced a perfectly good part the repairs, all were presented
tigator as the replaced part.
with another, had a particularly with a check drawn on a real bank
[n each instance, inve ·tiga-
hard time at this point. They were account set up under a fictitious
tors were able to te ll which repair-
observed going back to the name. The cancelled checks later
man was going to "sting" them
refrigerator and, out of sight of the identified the account into which
the repairmen deposited their

16  FBI  Law  Enforcement Bulletin  _ __ _ _ _ _ __ _ _ __ __ _ __ _ _ _ _ __  _ _ _ _ _ _ _ __ 


Left: A defrost timer switch, the most often rep/aced part
of a refrigerator.
Top right: An evaporator fan motor which, for the pur-
poses of the  operation, had one  of its  two  wires  
disconnected.  

by his appearance. Honest repair- vehicles were taken to impound- for legislation to regulate their
men generally wore uniforms, ment lot, and items used in the own industry. From all indicators.
were neat in appearance. drove commission of the crime. such as the project had been a tremendous
service trucks with company pagers and portable telephones. success.
names painted on the doors, car- were seized, all of which were The conviction rate for those
ried elaborate tool boxes, and usu- subject to civil forfeiture. arrested was 100%, with no cases
ally corrected the problem, Conclusion going to tria l. And, the total cost
charging only for a ervice call. In From the beginning of the of the investigation, excluding
contrast, the dishonest repairmen investigator's salaries, was ap-
operation, heightened public
came in junky cars, wore beards proximately $2.000 whic h was for
awareness was the major goal. In
and cutoff shorts, carried few tools parts purcha ed and repai r bi II s
and tended to travel in pairs. paid to the 28 companie , making
this project well within reach of
"Closing In"
At the conclusion of the
investigation. the ca es were
reviewed by an Assistant State
"From all indicators, the
project had been a
tremendous success.
most law enforcement agencies.
After the fines and forfeitures to
police investigative funds were
tabulated, the cost of the inves-
Attorney and arrest warrants were tigation was actual ly recovered
obtained . However, in order to
catch all of the susp,ects before
word of the operation spread
through the tight-knit industry,
"
fact, the newspaper and television
coverage of the investigation and
arrests exceeded expectations.
severa l times over.
However. in order to make a
truly lasting impact on the repair
industry, there must be assurances
everyone had to be arrested simul- and public response was over- that future investigations of a simi-
taneously. Using a different loca- whelming. Letters of encourage- lar nature will occur. Even so,
tion, appointments were made ment from the publ ic were printed this chilling effect of Operation
with the repairmen who allegedly for weeks afterwards on editorial Freezer Burn proved invaluable in
committed the fraud, giving the pages, and phone calls poured in curbing fraud in the repair indus-
excuse that they had been recom- to consumer groups reporting sim- try . As one repairman aptly said,
mended by a friend . At 10-minute ilar problems and requesting infor- "Guys in this town are so busy
intervals. the suspects arrived at mation prior to calling a repair looking for hidden cameras they
the new location and were arrested company. In addition. even legiti- don't have time to rip off
as they entered the house. Their mate appliance repairmen called customers any more. " C;~[l

_ _ _ _ _ _ _ _ _ _ _ _ _ __ _ __ _ _ _ _ _ _ __  _  _ __  _  _ __  _  _  September  1989  17 


C
omputer criminals perpe- Lieutenant Coutourie
trate a new type of crime
that is rapidly emerging
and promising to have a dramatic
impact on society. However, com-
puter criminals do not employ the
same methods or have the same
characteristics as "traditional"
criminals. Therefore, examination
" law enforcement
agencies need to
explore new
and evaluation of their person- approaches to
alities are required. investigating
One extremely valuable in- computer criminals.
ve tigative technique that has pro-
duced significant results is crim-
inal investigative analysis (for-
merly referred to as profiling)l-a
technique that could also be
"
applied to computer criminals who
threaten the financial sector of our nals can bring financial disaster to crime scene and the victim .
society . However, two major con- small businesses, as well as indi- However, computer criminals
siderations limit the scope of viduals, and can drastically affect leave no traditional crime cene
effective research on the assess- many lives. for investigators to photograph and
ment of the computer criminal. examine. The victim is very likely
The Corporate Victim
Fir t, criminal investigative analy- to be a corporation, and the per-
ses are traditionally done on per- As with traditional criminal petrators may never be physically
sons involved in violent, aberrant investigative analy i , victim at the "scene of the crime," mak-
crimes (which computer crime is information can lead to many rele- ing it difficult to establish the rela-
not); second, studies indicate that vant conclusions. Corporations, tionship between the attacker and
computer criminals are emerging the most likely victims, have a the victim .
as such an eclectic group that it number of characteristics in com- Therefore, law enforcement
may be impossible to categorize mon with humans, e.g., corporate agencies need to explore new
them clearly. occupation, residence, financial approaches to investigate com-
status, fiscal fitness, reputation, puter criminals . Investigator
Etl'ects of Computer Criminals and background. In some cases, should be able to gather "elec-
on Society corporate fears and habits, corpo- tronic trace evidence" to deter-
Although marked differences rate friends and enemies, and mine the type of equipment used
exist between the type of criminal recent changes in corporate struc- to attack the' 'corporate victim."
who commit murders and those ture may all be relevant. With an "electronic autopsy,"
who commit computer crimes, New Investigative Approaches recovery of magnetic impulses
their impact on society is great. A For the purposes of criminal from a di k storage unit is pos i-
survey of 1,000 organizations investigative analy is, the dif- ble. The e impulses might provide
revealed that the verifiable losses ferences between violent offenders some clues about the computer
attributed to computer crime in and computer criminals present criminal. And, an "electronic
1985 were estimated between some very new and unique foren- forensic pathologist," in the form
$145 million to $750 million. 2  sic problems to investigators. In of a highly skilled and specially
Estimates show that computer order to determine personality trained computer scientist familiar
criminals in the workplace alone characteristics, such as race, sex, with the victim equipment, may
may be costing businesses up to age, marital status, employment. greatly assist inve tigators.
$3 billion a year. J In fact. the pos- sexual maturity, and criminal his- For example, it is a common
sibility of "corporate murder" is tory,~ analysts require as much occurrence for" hackers" to post
even more likely. Computer crimi- information as possible about the on electronic bulletin boards stolen

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _  September  1989  19 


telephone credit card numbers that ible evidence that will identify the electronic one. They replace co n-
they claim to have "hacked" from attacker. A review of past offend- cepts of right and wrong with what
a long distance carrier's computer. ers can provide a base or informa- is binary 0 or I. Although Parker
Investigators must locate and tion from which to assess com- refers to high school-aged hack-
examine "day files" of logs of puter criminals and to draw con- ers,6 age is not a real factor,
computer usage that indicate the clusions. because many adult hackers a lso
type of computer used to illegally Examining individuals known have essentially the same charac-
post the numbers. This informa- to have been involved with com- teristics .
tion is considered essential cir- puter crime aids in understanding Steven Levy's description
cumstantial evidence, particularly other who use computers to com- includes the' 'hands on impera-
if a criminal is found to possess or mit crimes. Researchers have tive," the driving need to manipu-
use the same type of equipment. A interviewed many known offend- late the computer hardware per-
variety of utility programs recover ers and have drawn informative sonally. 7 Early hackers would do
data files from disks that may con- conclusions. anything to get to the computer
tain these credit card numbers or Modern hackers seem to have itself. because by working the
other information, possibly inten- that driving need to dissect. exam- hardware, they achieved gratifica-
tionally damaged , secured, or ine. under tand, and modify what- tion .
encrypted by those using com- ever captures their attention (to In a study of 375 computer
puters to aid them in committing include what they perceive as abuse cases, Parker reports several
the cri me. improvements) . For instance, the characteristics of individuals in a
"Hacking" programs recov- "original" hackers were college samp le of 17  crimina ls. M Their
ered from suspects (designed to students who participated in con- average age was 29 years, th ey
obtain telephone credit card num- structing and modifying a model had predominantly professional!
bers from another computer) are railroad system. Members of the managerial skills, and in a ll but
routinely disassembled, listed, and group felt free to make whatever one case, they committed cr imes
examined for instructions that changes they believed appropriate in conjunction with their occupa-
tions. About 76  percent demon-
strated differential associa tion

"
syndrome. that is. their criminal
computer criminals present unique problems act differentiated from accepted
and challenges to investigators.... business practices only in sma ll
ways. For example, hackers main-
caused them to perform as indi-
cated, thus providing additional
valuable evidence. Obviously,
to improve the system .
More modern-day hackers "
have the same atti tud e of free
tain contact through electronic bul-
letin boards where they frequently
learn hack ing methods (devi an t
influences) from each other.
there is a need for greater profes- access to other people's computer However, they seem to resist
sionalism in dealing with com- systems. Computer information, behavior considered "harmfu l" to
puter criminals. who already such as long distance telephone others, thus showing the norma-
posse s the expert knowledge nec- acces code, will allow them to tive influences in their lives.
essary to use computers as tools of gain even further access to other Over 88 percent of Parker's
crime. By studying and under- computers. In his book, Fighting subjects viewed their act ions as a
standing the type of person likely Computer Crime, Donn Parker game pitting their skills against the
to become involved in comp uter charac terized hackers as often computers or organizat ion . These
crimes, this need can be met. being addicted to their comp uter games represented challenges that
capers, willing to give up food. made their lives exciting and filled
Assessing Computer Criminals sleep, and other bodily functions with danger. Seventy-one percent
A proficient investigator in order to sit at their computers of these subjects also demon-
needs to determine the motive and for hours at a stretch 5  In essence. strated the Robin Hood syndrome,
compile the tangible and intang- they gave up the real world for an i.e .. they differentiated strongly
between harming people, which the abuser views the computer for a computer crime. It may
they considered immoral, and as merely a tool to accomplish be a result of a transference
harming organizations, which they an end. defense mechanism.
could rationalize. Y The Cookie Jar-This is a fund A study by Kusserow. in
In describing private indus- from which an abuser may which 29 computer criminals were
try's problem, Jay Bloombecker, a "borrow" because his need is interviewed, produced potentially
former director of the National greater that the company's. valuable data . II  Their ages ranged
Center for Computer Crime Data, This computer environment from 20 to 50 with a median age
believes that computer crim inals provides the opportunity for of 30, and a majority (75 percent)
are not necessarily geniuses. III  He personal gain. had some college education. All
delineates several "criminogenic" had been employed for an average
environments he believes were of 5 years before comm itting their
crimes. During their employment,

"
present in the computer crimes he
surveyed, although he admits that Computer criminals nearl y three-fOllrths had been pro-
these categories are not mutually can drastically affect moted, and 25 percent said that
exclusive or rigid: many lives. they had received performance
The Playpen and The awards. Further, about 20 percent
had criminal records at the time

"
Fairyland-ln the playpen,
abusers find simply using a The War Zone-The war zone they were hired; in most cases.
computer to be intrinsically sat- is a place where the abuser this was known to the emp loyer.
isfying; in the fairyland, the vents his feelings against the The nature of the previous crimes
abuser sees the computer as an company while not apparently committed by those with criminal
unreal world and thus he is harming any individuals, thus records was not discussed. Most
doing no wrong. meeting the criteria set out in of the criminals reported that they
the Robin Hood Syndrome stole due to situational factors that
The Land of Opportunity or
which he could rationalize. fell into two categories-financial
The Toolbox-An abuser in the
problems (60 percent) and job dis-
land of opportunity takes an The Soapbo.\"-The type of
contentment (10 percent). Still
attitude of nothing being wrong ac ti vity found here is frequently
oth ers stole because they dis-
with the exploitation of an not harmfu l in the usual crimi-
covered a vulnerability in the sys-
obvious vu lnerability in a com- nal sense and may not
tem and could not resist the
puter system; in the toolbox. frequently appear as motivation
temptation. In other cases, a spe-

Table 1 
Ages of Computer Crime Defendants 

8

C 6
A  5  I
II

,  , , It'" ...


S  4 
E  3  J~ I 
JI\ ~ ~ ~ ~ t"\
,,-J\
-
S  2 
l:,,' l  ~
o
13 16 17 18 19 20 21  22 23 24 25 26 27 28 29 30 31  32 33 34 35 36 39 40 41  43 45 51 

AGES

Ages of computer crime defendants as reported  in  a census conducted by the NCCCD 


over a two year period, ending in 1986. 

­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _  September  1989 21
Table 2  
Computer Crime Defendants  

Programmer 
Student 
Input Clerk 

...
Bank Teller 

Accomplice  ~ £ ; Wl ; .lP ; f' =I _ '~ _ I


Unskilled  @i@.,.".,. 01
Unemployed  r; w : ru ;: @% ; tk ;~"' ;t~ ;: . '~ I
Emp.  wi Access  WMWIW,fNY'1
Compo Exec. 
Misc. 
I  I I I
o 2 4 6 8 10 12 14 16

Computer crime defendants as reported to the  NCCCD  in a census taken over 


a two year period, ending in  1986. 

cific event or accidental situation. computer­related  occupations.  Footnotes 


presented an opportunity. Some Programmers ,  as  might  be  ex- IJohn  E.  Douglas  and  Alan  E.  Burgess , 
" Criminal  Profiling:  A  Viable  Investigative 
were bored and decided to "beat pected ,  show  a  greater  frequency  Tool  Against  Violent  Crime,"  FBI Law
the system." One significant find- of committing  a  computer crime  Enforcement Bulletin , vol.  55,  No .  12, 
ing  is  that  about  one­half said  that  December  1986,  pp.  9­13. 
because  of their expertise  in  the 
lWilliam  J .  Hughes.  "Computer  Crime~
they  did  not  consider  the  con- working  of  computers  and  the  Isn ' t  a  Game,"  The Washington Post. July  15 , 
sequences  of their  crime  at  the  unlimited  acce  s  normally  granted  1986. 
time,  while  others  assessed  the  to  them.  The  nature  of their job  3Theo  Starnes,  "A Costly  Wave  of Com-
puter Crime,"  Insight, March  17 ,  1986. 
risks  of being  caught  as  minimal.  also  requires  they  maintain  a com- 4Richard  Ault  and  James T.  Reese,  "A 
A  good  measure  of the  ages  puter operating  system.  Psychological  Assessment  of Crime  Profil-
of computer crime perpetrators can  ing, "  FBI Law Enforcement Bulletin , vol.  49. 
March  1980 ,  p.  3. 
be  found  in  a survey performed by  Conclusion  sDonn  B.  Parker,  Fighting Computer
the  National  Center  for  Computer  Since  computer  criminals  Crime (New  York:  Charles  Scribner's  Sons, 
Crime  Data  that  reported  the  ages  present  unique  problems  and  chal- 1983) . 
6Ibid. ,  p.  131. 
of  defendants  in  computer  crime  lenges  to  investigators ,  and  with  7Steven  Levy,  Hackers: Heroes of the
cases. 12  (See  table  1.)  This  may  the  meteoric  rise  of  computer  Computer Revolution (New  York:  Doubleday 
represent' 'tip  of  the  iceberg"  crime  in  the  country,  police  de- and  Company,  Inc.,  1984),  p.  40. 
iDonn  B.  Parker,  Computer Abuse Per-
information  because of the  number  partments  must  become  more  pro- petrators and Vulnerabilities of Computer
of  computer  crimes  that  go  ficient  in  investigating and  dealing  Systems. (California:  Stanford  Research 
undetected  or unreported,  but  may  with  this  type  of criminal.  The  Institute ,  Dece mber  1975). 
9lbid. 
also  be  a  reliable  index  due  to  the  common  characteristics  of com- IOJay  Bloombecker,  " Who  are  the  Com-
origin  of the  data.  puter  criminals  and  the  type  of  puter Criminals?"  Security Managem ent,
Table 2  shows  that  the  occu- environments  in  which  they  work,  January  1981. 
"Richard  P.  Kusserow ,  "A n Inside  Look 
pation  most  often  involved  in  as  detailed  in  this  article,  may  at  Federal  Computer  Crime,"  Security Man-
computer  crimes  are  those  with  provide  an  information  base  for  agement, May  1986. 
computer  access.  The  person  criminal  investigative  analysis,  12Jay  Bloombecker,  Computer Crime,
Computer Security, Computer Ethics, First 
involved  in  this  activity  represents  which  can  be  used  as  a  means  to  Annual  Statistical  Report,  National  Center  for 
a  relatively  wide  cross­section  of  apprehend  the  computer criminal.  Computer Crime  Data,  1986. 
lF~
22  /  FBI  Law  Enforcement Bulletin _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 
I Book Review

tems from 183 countries . This As an example, in 1970, 16 per-


encyclopedia is a comprehensive cent of the U.S. inmate
WORLD   volume with contributions from population wa confined because
ENCYCLOPEDIA   more than 60 law enforcement of drug-related offenses, while in
OF  
POLICE  FORCES   experts from around the world. 1985, 34 percent of U.S. pris-
AND   The reader/researcher will dis- oners were incarcerated due to
PENAL SYSTEMS   cover previously unavailable or violations of drug laws.
difficult-to-obtain facts and fig- It  also contains specific
ures on dictatorships and country information. For exam-
George  Thomas  Kurian 
democracies, as well as developed ple, the Republic of Panama has
and underdeveloped countries. an area of 77 ,080 square kilome-
Information is presented on such ters; its 1987 population wa
diverse organizations as Nigeria's 2,274,833; its 1985 GNP was
Criminal Investigations Depart- $4.4 billion; it is divided into 9
ment, the Ea t  German Volks- provinces and I intendancy; and
World Encyclopedia of polizei, the KGB, the Pakistani its population per police officer is
Police Forces and Penal Systems Intelligence Bureau, Afghani- 180. Additional information is
by George Thomas Kurian, Facts stan's KHAD (internal security), contained that would allow the
On File, Inc., 1989. to name just a few . researcher a comprehensive look
In the last half of the 20th For each of the 183 countries into the Panamanian police
century, the science of criminal listed, recent up-to-date informa- structure.
ju tice ha come into it own as a tion is provided on the hi tory The main inadequacy of this
major discipline. Previously, and background of the police work i its lack of in-depth infor-
extensive research was necessary force(s), the current structure and mation on many lesser-known
in the areas of worldwide police organization of these forces, their countrie . However, it may save
force and penal systems until this recruitment, education and train- the researcher hours of work,
encyclopedia, edited by George ing, and the penal system . A while providing information in an
Thomas Kurian, was made avail- section on crime statistics is also ea ily digestible, comprehensive
able to the law enforcement and included from those countries that form that lends itself to use by
academic communities. made this information available. the uniformity of its information
Kurian, the author of more Separate appendices cover Inter- and the method in which it i set
than 10 reference books, has pol, the world a sociation of forth.
again edited a book worthy of police forces, a world police
review and one which will directory, and comparative stati - SA Clinton R. Van Zandt, MPA
provide the reader with a com- tics on police protection around Special Operations
pilation of facts and figures on the world. and Re earch Unit
the police forces and penal sys- The encyclopedia al 0 FBI Academy
provide statistical information. Quantico, VA

f· 

Ii 
[1 
3  ­ ­_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _  September  1989  23 
Focus

The Law Enforcement Satellite Training Network:


Timely Communications
Satellite teleconferencing , the Since the Law Enforcement continue in a beneficial and
latest development in improved Satellite Training Network educational teleconferencing rela-
law enforcement communications, (LESTN) was established in tionship. By co-sponsoring six
has established itself as an effec- March 1986 , through a joint LESTN programs a year, each is
tive way of keeping up-to-date effort between the Kansas City, aware that through constant
information constantly available. MO, Police Department and the improvements and streamlining,
Because law enforcement officers Kansas City FBI Field Office, the satellite teleconferencing is an
are continually faced with more effectiveness of the telecon- increasingly valuable service to
challenging crime problems, tele- ference has been realized. law enforcement agencies.
conferencing can be the training Teleconferencing has truly Since the initial agreement,
tool which keeps them in the become the tool to push law 18 teleconferences have been
know. It has proven to be cost- enforcement training into the broadca t, each one devoted to a
effective and its ability to reach a future. relevant law enforcement topic .
wide audience makes it truly a The Kansas City Police The topics include sexual crimi-
valuable resource. Department and the FBI Academy nality, criminal profiling, stres

24 I FBI  Law  Enforcement  Bulletin  _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 


management, legal issues for pur- viewing sites at various law issues: legal issues for manage-
suit driving policies, organized enforcement departments are set ment (October II), and informant
crime, officer safety, the 9mrn! up to receive the teleconference. development (December 13). Six
semi-automatic pistols, handling Countless other departments can broadcasts are already slated for
of domestic violence, and inter- receive the broadcast at colleges, 1990 (February 14-cults and
viewing and interrogation. hospitals, fire stations, and rented gangs. April II-infant abductions,
Clearly, all concern crucial i sues sites. June 13-arson crime scene inves-
that law enforcement agencies The future of teleconferenc- tigations, August 8-police
must face. ing looks bright. It  has become killings, October 10-discrimina-
Each teleconference is shown clear that teleconferencing is a tion in the workplace, and
live from 12:00-3:00, est, on the viable method of instantaneously December 12-major case
broadcast date. It is currently esti- communicating pertinent and up- investigations).
mated that almost 20,000 law to-date information in a uniform There is an ever-increasing
enforcement personnel view the manner to many law enforcement number of issues to be discussed.
program when it is aired, and agencies. The information is and the teleconferencing co-pro-
innumerable others watch a vid- timely and needed-better com- ducers will have their hands full
eotaped copy of it later. The munications and training means keeping up with them. The feed-
presenters of these training pro- better service to law enforcement back from law enforcement
grams are representatives of the agencies. Also, as the cost of sat- viewers has been very positive
law enforcement community- ellite dishes becomes more and atellite teleconferencing's
FBI executives and Special feasible and as grants and dona- place in current communications
Agents, police chiefs, DEA tions help defray programming has been established.
Agents, to name a few. The cost expenses, satell ite teleconferenc- For more information abOUI
to LESTN for the 3-hour broad- ing will become a more suitable sate/lile le/ecol1/erel1cing. (,Ol1t(lCI
cast is less than $1 O,OOO--the training system. Les Davis (II Ihe FBI Academy
conference clearly pays for itself Upcoming 1989 telecon- Qual1lico. VA (703) 640-6131 or
in saved time and paperwork, as ferences will continue to FrS 920-3011. [?[IDO 
well as through improved law concentrate on current training
enforcement service.
The technology behind the
LEST i such that the broad-
casts can be received over the
entire northern hemisphere,
including Alaska, Hawaii, Puerto
Rico and Canada. LESTN uses
the Spacenet I, GTE Satellite
leased by the hour. The law
enforcement agency needs a
C-Band satellite dish, a television
monitor, and satellite coordinates
to receive the program. Every law
enforcement agency is sent a
notice of the LESTN programs
which tells them of the satellite
coordinates, time of the broad-
cast, and description of the
program. The program is offered
free of charge to the agencies.
Currently. over I ,500 regular

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ September  1989  25 


Traffic Stops
Police Powers Under The Fourth Amendment
By
JOHN GALES SAULS
Special Agent
FBI Academy
T wo officers on patrol in a
squad car observe a car
making a left turn without
any turn signal being given. 1 
closer, one officer is able to see an
open bottle of malt liquor standing
upright on the floorboard of the
car between the feet of this pa -
Based upon this minor traffic vio- senger. The man, whose name i
Legal Counsel Division
lation, the squad car's warning Lamont Thomas, is arrested for
Quantico, VA
lights and siren are activated and possession of an open intoxicant in
the car that has become the focus a motor vehicle. The officers ask
of the officers ' attention pulls to the driver for her driver's license
the curb. As they approach the and learn that she has none and
car, the officers ee a passenger in that she is only 14 years old. She
the right front eat bend forward is given a citation for driving with-
so that his head i at or below the out being licensed to do so. Since
level of the dashboard . Coming one occupant of the car is under

26  FBI  Law  Enforcement Bulletin  _ _ _ _ _ _ _ _ _ _ __ _ __ _ _ _ __ _ _ __ _ _ _ _ __ __ 


 
arrest and the other has been deter- Part one of this article exam- Supreme Court has recognized a
mined to be too young to legally ines what steps an officer may number of exceptions to the war-
drive, the officers decide to take to further his investigation rant requirement that allow, under
impound the car. After summon- and protect his safety without hav- certain circumstances, searches
ing a towing truck, one officer ing to factually demonstrate any- and seizures to be reasonably per-
checks the car for the presence of thing other than that his initial stop formed without prior judicial
valuables pursuant to the depart- of the car was justified. Part two approval. 4  Each of these recog-
ment' inventory policy. In the will con ider the other steps nized exceptions has its own set of
glove compartment she discover officers who have stopped a car requirements, necessary factual
two bags of marijuana. After this may take , provided this action is predicates that must be pre ent
substance i found, a more thor- supported by specific additional before the exception applies, and
ough examination of the car takes factual justification. specific limits on the scope of
place during which a .38 caliber action allowed where no warrant is
revolver is found concealed in the APPLICATION OF THE obtained.
car's passenger-side air vent. Mr. FOURTH AMENDMENT Consequently, the officer
Thomas is then charged with car- The fourth amendment to the contemplating a traffic stop is con-
rying a concealed weapon. U.S. Constitution limits the fronted with a series of questions
Traffic stops such as this take powers of the pol ice to perform that must be answered if com-
place thousands of times each day searches and eizure, requiring pliance with the fourth amendment
in the United States. Such top that any such earch or seizure is to be achieved. First, is the con-
frequently lead to the discovery of performed be "reasonable."2 templated action a "search" or
criminal conduct considerably Generally, satisfaction of this "seizure"? Second, if it is, does
more serious than traffic viola- ., reasonableness" requirement an exception to the warrant
tions. The police officer who stops necessitate that police officers requirement potentially apply to
a car and its driver triggers an obtain prior judicial approval in the contemplated action? Third,
encounter that is laden with certain the form of an arrest or search where a recognized exception
risks, both physical danger and the warrant before a search or seizure potentially applies, is the required
danger that the officer wi II, in the is performed .' Recognizing the factual predicate present? Finally,
performance of hi s law enforce- impracticality of officer obtaining is the contemplated action within
ment duties, overstep hi power arrest or search warrant prior to the scope allowed under the par-
under the U.S. Constitution. every search or seizure, the U.S. ticular exception?
Officers stopping a car have
authorization to take certain inves-
tigative and protective teps with-
out having to show any facts other
than that the initial stop of the car
was lawful.
The taking of add itional steps
requires specific factual justifica-
tion in order to comply with con-
s titutional requirements. As a
consequence it i essential that the
" ... a traffic stop involves
a series of police
actions constituting
officer making the stop know what
searches and seizures.
power he enjoys, both to protect
his safety and to carry out his
duties, and what factual predicate,
if any, i required prior to hi s
assertion of power. Those powers
"
l  and required factual predicate ' are
the subject of this article.
Special Agent Sauls

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ September  1989  27 


Typically, a traffic .stop THE STOP: INVESTIGATIVE drugs. Driving an unmarked car,
involve a serie of police actions DETENTION the agent followed the truck and
constituting searches and seizures. When a pol ice officer, car and noted that the windows of
The car stop described at the through a show of lawful the pick-up' camper shell were
beginning of this article provides authority, causes a motorist to stop covered with a quilted material.
an example of such a sequence of his car, this action constitutes a He also saw that the truck was rid-
police action. The officers stop seizure of both the motorist and ing low on its springs in the rear
the car because the driver fails to the car. 5 The fourth amendment and that the camper did not
bounce or sway appreciably when
the truck drove over bumps or
around curves. These facts caused

"
Any traffic stop may result in a ... progression of
discoveries and necessitate decisions of
constitutional significance.
the agent to conclude that the
truck was heavily loaded. The
agent followed the two vehicles
for about 20 miles and determined
that an investigative ' stop was

signal a turn. Once the car is


stopped, they see the passenger
bend over in his seat, and upon
"
command that all such seizures
be "reasonable," but decisions of
the U.S. Supreme Court make
appropriate. He radioed for assist-
ance, and in response, a marked
patrol car of the South Carolina
Highway Patrol joined the proces-
closer scrutiny, observe through warrantless stops of this sort law- sion. Within a minute of the
the car's window the open con- ful where an officer is in posses- appearance of the marked car, the
tainer of malt liquor at the pas- sion of facts amounting to at least truck and Pontiac turned off the
senger's feet. Based upon this reasonable suspicion that the highway onto a road that passed
observation the passenger i driver or some other person in the through a campground and accel-
arrested. Further inquiry reveals car is engaged in some type of erated to a speed considerably
that the driver i underage and criminal conduct. 6 (As will be dis- above the posted limit. In assess-
unlicensed. Thi knowledge cussed in part two of this article, ing the reasonableness of the
prompts the issuance of a citation, an officer in po session of facts investigative stop that followed,
and since neither the unlicensed amounting to probable cause to the U. S. Supreme Court tated
driver nor the now arre ted owner arrest an occupant of a car or that a finding of reasonable suspi-
could lawfully drive the car from probable cause to believe a car cion that the occupants of the two
where it had been stopped, it is contains evidence of a crime is vehicles were engaged in criminal
also necessary for the officers to empowered to take significant conduct was" abundantly sup-
impound the car. Pursuant to the warrantless actions beyond merely ported" by the facts set forth. 8
impoundment, they perform an stopping the car.) In determining whether rea-
inventory of the car's contents, In United Slales v. Sharpe,7 sonable suspicion ex ists, officers
locating marijuana in the glove for example, an agent of the Drug should examine the circumstances
compartment. Discovery of the Enforcement Administration before them critically, employing
illegal drug prompts a broader (DEA) observed a blue pick-up previously acquired knowledge
search of the car, during which the truck with an attached camper and training, and make a common
handgun is discovered. Each new shell traveling on a coastal North sense asse sment. 9  Officers must
discovery requires the officers to Carolina highway in tandem with also be prepared to relate the facts
make an assessment regarding a blue Pontiac Bonneville . The upon which they relied in the
what additional actions may be agent made this observation in an likely event that their actions are
lawfully taken. Any traffic stop area he knew to be frequented by legally challenged at a later time.
may result in a similar progression drug traffickers, and he also knew These demands obviously favor
of discoveries and necessitate that pick-up with camper shells officers who are observant, take
deci ion of constitutional signifi- w re vehicles frequently used to careful notes, and who are articu-
cance. carry large quantities of illicit late on the witness stand.

28  FBI  Law  Enforcement Bulletin - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -


AUTOMATIC tion of the bulge under Mimms' behavior under State statutes . 14 
AUTHORIZATIONS coat was a direct result of his Thus, demand for and examination
Once an officer has lawfully order that Mimms get out of his of required documentation by a
stopped a vehicle, there are certain car, the Court was asked to rule on police officer is a sound early step
actions he may take with no addi- the reasonableness of this order. in investigating a stopped vehicle
tional factual justification. These Based primarily upon concerns for and its driver.
authorizations include: (I) order- officer safety, the Court held the
order reasonable . Subsequent U. S . Questioning Occupants
ing the person or persons reason-
ably suspected of criminal conduct Supreme Court cases support the A police officer gathering
out of the vehicle ; (2) asking the power to order out of a car pas- information may also briefly ques-
driver for his driver's license and sengers reasonably suspected of tion a stopped car's driver and
vehicle registration; (3) asking the criminal conduct. 12  other occupants of the car where
driver and occupants questions; (4)  the car and occupants have been
seeking consent to search the car; lawfully stopped. 15  The U .S .
Producing Required Documents Supreme Court has made clear that
(5) locating and examining the
vehicle identification number; (6)  Because operating a motor such questioning may take place
examining the exterior of the car vehicle on public highways is a without any prior Miranda-type
and portions of the interior that privilege rather than a right, it is warnings, so long as the persons
may be viewed without entry; and constitutional to require a lawfully questioned have not been placed
(7) controlling the car and its stopped driver to produce a under arre t or subjected to arrest-
occupants for the brief period of type treatment. 16  This is true even
time required to accomplish the where an officer may have deter-
purpose of the stop.

Ordering Suspects Out of


the Car
" power of [police
mined that he has lawful grounds
...U.S. Supreme Court for arrest and has decided to effect
cases support the such an arrest. 17  Despi te the fact
that no warnings are required, per-
In Pennsylvania v. Mimms , 10  officers] to order out of sons being questioned do enjoy a
the U.S . Supreme Court held that a car passengers constitutional right not to respond,
whenever a police officer lawfully and although a failure to respond
stops a car for a traffic violation,
reasonably suspected may be taken into consideration as
he may with no additional justifi- of criminal conduct. an officer weighs facts in assess-
cation order the driver out of the ing whether probable cause to

"
car. II  In Mimms two officers of arrest or search exists, 18  a person's
the Philadelphia Police Depart- driver's license upon request, the failure to respond probably cannot
ment stopped Mimms' car because vehicle registration , and other doc- constitute in itself a criminal
the license plate displayed upon it uments required by statute. 13  The offense, since the person is merely
had expired. The officers knew no acquisition of the information con- exercising a right guaranteed by
other facts that pointed to any tained in these documents gives an the Constitution. 19 
other criminal conduct. One of the officer important facts to assist
officers ordered Mimm to step him in determining whether he is Requesting Consent to Search
out of the car and produce his confronting innocent or criminal An officer who has lawfully
driver's license and registration conduct. lnconsistencie between stopped a car may request that the
card. As Mimms got out the documents or between what is person in lawful control of the car
officer noticed a bulge under found in the documents and what (generally the driver) waive his
Mimms ' sports jacket, and fearing the officer is told by the driver fourth amendment rights and .give
that Mimms was armed , per- may provide clues to criminal his consent to a search of the
formed a pat down search. The behavior that might otherwise be car. 20 If  such a consent is
discovery of a .38 caliber revolver overlooked. Refusal to produce obtained, the officer should be
in Mimms' waistband was the required documents will almost prepared to prove at a later time
result. Since the officer's observa- universally constitute criminal that the consent was voluntarily

­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ September  1989  /  29 


given, that the person giving the Examining the Exterior and the window of the driver's door.
consent was in lawful control of Portions of the Interior Exposed The interior of the car was illumi-
the items searched, and that the to Public View nated somewhat by the lights of
search performed was within the The fourth amendment does tile ervice s tation . In an open
cope of the consent that was not require officers who approach cubby in the console between the
given. 21  a lawfully stopped car to wear car's front bucket seats, the officer
blinders. The exterior of a car on a saw some chrome lug nuts , and on
Locating and Examining public highway i expo ed to the the floorboard, he saw two lug
the Vehicle Identification Number public view, and it is unreasonable wrenche . These items caught his
(VIN) for a person to expect that a car's eye since he had recently heard a
Federal regulation requires exterior appearance is therefore radio broadca t reporting a theft of
that cars and trucks sold in the private. 26 Consequently , an car parts in the immediate vicinity,
United States be marked with a officer's visual inspection of the and among the stolen items were
unique identifying number and exterior of a stopped car does not chrome lug nuts . He then realized
that this number be placed in cer- constitute a "search" for fourth that the two occupants of the car
tain pecified places on the vehi- amendment purposes. Portions of matched the description he had
cle. 22  For recently manufactured the interior that are likewise heard of the car part thieves,
pas enger cars, the number must exposed to the public view due to promptly placed them under arre t
be displayed on the dashboard so the placement of windows, etc., and entered the car seizing the lug
that it may be read from out ide are al 0 not private, and an nuts and wrenches. The U.S.
the car through the windshield. 23 officer ' visual examination of Supreme Court held that the
Due to the importance of this these areas from out ide the car is officer' viewing of the lug nuts
unique identifier in the regulation also not a fourth amendment and wrench through the car win-
of vehicles that travel on public "search."17 As a result, officers dow was entirely lawful. 19
highways , and a person's lack of approaching a lawfully stopped Similarly, in Texas v.
Brown, 3o an officer who had
stopped a car at a driver's license

" In determining whether reasonable suspicion

before them critically, employing . . . knowledge


checkpoint asked the driver, who
remained eated in his car, for his
exists, officers should examine the circumstances driver' license. While the driver
reached into hi s pocket, the officer
and training. shined a f1a hli g ht through the
driver 's door window and
observed falling from the man's

"
significant privacy interest in what vehicle frequently are exposed to a hand an opaque, uninflated bal-
his vehicle's number might be, the wealth of information which they loon that apparently contained a
U.S. Supreme Court has recog- may lawfully u e for inve tigative small quantity of ome substance.
When the driver then reached into
nized the power of an officer who purposes.
ha lawfully stopped a vehicle to In Colorado v. Bannister, 28 the glove compartment, the officer
locate and examine this number. 24 an officer approached a car parked shifted both hi s position and the
Included in this power i the in a service station lot that he had beam of hi s light so that he could
authorization, where nece ary, to ob erved a short time earlier being better see the interior of the glove
enter the vehicle to reveal the driven in exces of the speed limit. compartment. Illegal drugs were
YIN. 25 When the officer neared the car, discovered in the balloon and in
the driver and another occupant the glove compartment during a
got out. The officer asked the search prompted by the officer's
driver for his driver 's licen e and observations. The Court in its
also looked in ide the car through

30  FBI  Law  Enforcement  Bulletin  _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 


I

review  of  the  case  found  the  article. 34 During this brief period the  stop.  See Delaware v.  Prouse, 440  U.S. 
648  (1979).  See also Schofield,  "The Consti-
officer's  viewing  of the  car's  inte- the officers may maintain the sta- tutionality  of Routine  License  Check Stops ,  A 
rior  lawful. 3l  tus  quo  by  keeping  the  car and  its  Review  of Delaware v.  Prouse," FBI Law
In  United States v.  Sharpe, 32 occupants  where  they  have  been  EnJorcemem Bul/etin , January  1980,  p.  25. 
7470  U.S.  675  (1985). 
(discussed  earlier  in  this  article)  stopped. 35  81d. at  682.  For  an  excellent  di  cussion  of 
where  the  DEA  agent had  caused  Where  an  officer  decides  to  investigative detention,  see Hall,  "Investiga-
the  pick­up  truck  with  the  camper  extend  the  stop  beyond  the  brief  tive  Detention:  An  Intermediate  Response, "  
FBI Law EnJorcemem Bul/etin , vol.  54,  No .  
shell  to  be  stopped,  the  agent  after  initial  period;  or  to  take  steps  II ,  Parr  I,  November  1985 ,  pp.  25­31;  No .  
being refused con  ent to  search the  12,  Parr  II ,  December  1985,  pp.  18­23;  vol.  

"
truck  by  the  driver  stepped  on  the  55 ,  No.  I,  Conclusion ,  January  1986,  pp.  23-
29. 
rear  of  the  truck  to  confirm  his 
uspicions  that  the  truck  was  .. .demand for an 9See United States v.  Sokolow, 109  S.Ct. 
1581  (1989). 
loaded  to  the  limits  of its  springs  examination of required 10434  U.S.  106  (1977). 

and  put  his  nose  to  the  back of the  documentation .. .is a "Id. at  III. 
12See United States v.  Hensley, supra
camper shell,  thereby detecting the  sound early step in note  6. 
odor  of  marijuana.  These  inves- investigating a stopped IlSee  Delaware v.  Prouse, supra note  5. 
tigative  actions  were  held  lawful  "See , e.g., New York v.  Class, 475  U.S. 
by  the  Court. 33  vehicle and its driver. 106  (1986) . 
ISSee Berken/er v.  McCarty, 468  U.S. 
An  officer  who  has  lawfully  420  (1984). 

"
161d.
stopped  a  vehicle  should  employ  171d.
his  senses  to  gather  information  more  intrusive  tha n  those  pre- 18See I  W.  LaFave,  Search and Seizure.
pertinent  to  his  investigation.  viously  discussed,  such  as  search- 672­75  (1978). 
Information  he  gathers  from  out- ing  or  restraining  the  detained  19Cf.  Kolender v.  Lawson, 461  U.S.  352 
( 1983). 
side  the  vehicle  through  sight,  persons  or  searching  the  stopped  20See Schneckloth v.  Bustamonte, 412
smell,  touch,  hearing,  and  even  car,  he  must  be  prepared  to  dem- U.S.  218  (1973). 
onstrate  additional  factual  justifi- 21/d.
taste  is  lawfully  available  to  him 
22See 49  Code  of Federal  Regulations 
for  use  in  determining  what  addi- cation  for  his  actions  if  he  is  to  §571. 11 5  (1984). 
tional  investigative  steps  may  be  comply  with  the  Co ns titu tio n .  2lld.
lawful  under  the  circumstances.  These  greater  investigative  or  pro- 24New York v.  Class, supra note  14 . 
2sld. In  Class it  wa,  necessary  for  an 
tective  steps  and  th ei r  req uired  officer to  enter Class'  car  to  remove  items  on 
Controlling the Car  and  its  factual  predicates  are  the  subject  the  dashboard  that  were  covering  the  YIN. 
Occupants for  the Period  of the  conclusion  of this  artic le.  26See Texas v.  Brown, 460  U.S.  730 
(1983); United States v.  Hensley, supra note 
Necessary to  Carry Out  the  [F~ 6; New York v.  Class, supra note  14. 
Initial  Purpose of the Stop  271d.
28449  U.S.  I  (1980). 
An  officer who stops a car for  29ld.
investigative  purposes  is  seeking  Footnotes  JOSupra note  26. 
to  quickly  determine  whether  his  'These  facts  are  drawn  from  Michigan v.  l'ld.
Thomas, 458  U.S.  259  (1982).  l2Supra note  6. 
suspicions  are  unfounded  so  that  lJld.
2U.S.  Cons!.  amend.  IV. 
the  stop  may  be  terminated,  or  JSee Katz v.  United States, 389  U.S.  347  J4ld.
whether  his  suspicions  are  accu- ( 1967) .  lSld. See also United States v.  Hensley,
'See, e.g ., Terry v.  Ohio, 392  U.S.  I  supra note  6. 
rate  and  can  be  verified  so  that 
(1968)  (investigative detention  exception). 
they  may  blossom  into  probable  sDelaware v.  Prouse, 440  U.S .  648 
cause  to  arrest  or  search.  A  stop  (1979).  Law enforcement officers of other than
based  upon  reasonable  suspicion  6United States v.  Hensley, 469  U.S.  221  Federal jurisdiction who are interested in
(1985), United States v.  Sharpe, 470  U.S.  675  any legal issue discussed in this article
may  be  lawfully  maintained  for  a  (1985).  The  Supreme  Court  has  al  0  approved  should consult their legal adviser. Some
few  minutes,  unless  the  uspicion  stops of cars  by  officers  at  driver's  license  police procedures ruled permissible under
is  more  quickly  dispelled,  so  that  checkpoints,  provided  that  all  vehicles  are  Federal constitutional law are of question-
stopped  and  checked  or  where  the  officer  is  able legality under State la w or are not
officers  may  take  the  investigative  given  some  precise  proces  to  guide  him  in  permitted at all.
steps  previously  discussed  in  this  electing  what cars  to  stop  (every  tenth  car,  for 
example)  so  that  the  election  is  not  left  to  the 
"unfettered  discretion "  of the  officer  making 

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _  September  1989  I 31
VICAP Alert

JOHN WILLIAM knife on a belt scabbard.


William had no known vehicles or
aka: John W. Hoffmann, John W.
driver's license; however, he aid he was
Hofmann, John W. McGinnis, John W .
once injured in a motorcycle accident.
Busch
RACE: Caucasian MODUS OPERANDI:
DPOB: 5/23/61, Dallas , TX On 7/12/88, a 9-year-old white male
HEIGHT: 6' 9" left his residence with John William to go
WEIGHT: 220 fishing in the Kansas River. The youth did
HAIR: Brown not return home and on 7/ 14/88 was
EYES: Blue reported missing.
BUILD: Slender
A search of the Kansas River revealed
SSAN: 466-21-8858, 429-47-0717
the mutilated torso of a young white male.
CRIME: Upon recovering the body, it was deter-
On 7/15/88, John William was charged mined the hands, feet, and head had been
with the murder of a 9-year-old white male, cut off and sexual mutilation had occurred.
whose dismembered body was found in the After searching the river bank near the
Kansas River just north of Lawrence, KS. body, the missing body parts were found
William is currently in custody in Law- buried. The victim was the 9-year-old boy .
rence , KS , in conjunction with this murder. Mr. William was living under the
During conversations with law enforce- Kansa Turnpike bridge, which cros es the
ment officials, William alleged he witnessed Kansas River and is clo e to where the
12 killings in the previous year. It is boy's body was discovered .
strongly believed that William has com- Mr. William has not pled guilty in this
mitted more crimes in other places. case and is awaiting trial.
BACKGROUND: ALERT TO CHIEFS AND SHERIFFS:
John William was released from a This information should be given to the
Texas mental institution in May 1979. He attention of all homicide officers. if there
since has traveled throughout the United are any un olved case in your area that
States, staying in different places for short resemble William's M.O. or fit the time
periods of time and coming back and forth frame he was in your State, please contact
to Lawrence, KS. (See Map For Areas the National Center for the Analysis of Vio-
Traveled). William lived off the land, tay- lent Crime (VICAP), FBI Academy,
ing in caves and under bridges, and liked to Quantico, VA 22135 (800-634-4097) or
stay near rivers and streams where he could Special Agent David L. Wood, Kansas
fish. He also frequented food kitchens. Bureau of Investigation, 1620 SW Tyler,
William ha been known to possess firearms Topeka, KS 66612 (913-232-6000). Please
in the past and normally carried a hunting refer to KBI Case #0900-98343 .
32  FBI  Law  Enforcement Bulletin  _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 
The Bulletin Notes

Law  enforcement officers  are  challenged  daily  in  the  performance  of  their duties ; they  face 
each  challenge  freely  and  unselfishly  while  answering  the  call  to  duty. In  certain  instances , their 
actions  warrant  special  attention  from  their  respective  departments. The  Bulletin also  wants  to 
recognize  their  exemplary  service  to  the  law  enforcement  profession . 

Within a 2-hour period, Officer John Montecino of


Trooper Tom Prudom, Texas the San Bernardino. CA, Police
Department of Public Safety , Department responded to a report
saved the lives of two infants in which involved a window washer
separate incidents. Awakened in who had accidentally touched a
the early morning hours by a 12,OOO-volt power line with his
neighbor holding her son who had equipment and electrocuted him-
stopped breathing. Trooper Pru- self. After arriving on the scene,
dom resuscitated the boy by Officer Montecino found the
administering CPR . semiconscious victim still
Later that morning , while on attached to the pole that was tan -
routine patrol, Trooper Prudom gled in the power line. He was
noticed a woman frantically run- able to free the victim and pull
ning from house to house holding him to safety.
an infant in her arms. After deter- Officer Montecino
mining the urgency of the
situation, Trooper Prudom cleared
the infant 's air path and then
drove the child to a nearby hospi-
Officer Paul Schreiber of the
tal, where she received immediate
Suffolk County, NY, Police
attention for a life-threatening
Department was returning from
condition .
duty when he noticed a motor
vehicle that had apparently hit a
tree, rolled over and caught fire .
Seeing that the driver was un-
conscious and still inside, he
managed to free him while flames
spread through the vehicle's inte-
rior. With the assistance of a
bystander, Officer Schreiber then
pulled the driver to safety.
Officer Schreiber

Trooper Prudom

Nominations  to  this  department should  be  based  on  one  of  the  following:  1)  Res-
cue of one or more citizens, 2) arrest(s) at the risk to officer, or 3) unique service to
the public or outstanding contribution to the profession . Submissions should include a
short write-up (maximum of 250 words), a black-and-white photo of nominee, and a
letter from the department's ranking officer endorsing nomination . Submissions should
be sent to Editor, FBI Law Enforcement Bulletin, Room 7262, 10th & Pennsylvania
Ave., NW, Washington, DC 20535.
U.S.  Department of Justice Second  Class  Mall 
Federal  Bureau  of Investigation  Postage  and  Fees  Paid 
Federal  Bureau  of  Investigation 
ISSN  0014­5688 

Washington, D.C. 20535

Official Business
Penalty for Private Use $300
Address Correction Requested

'. 

Major Art Theft

On April 25, 1989 , the two number is 87 A- SF- 8736I . You


depicted paintings were stolen may also contact the National
from a private art gallery in Car- Stolen Art File, FBl Laboratory .
mel, CA. The total value of the Washington, DC, telephone (202)
stolen artwork is estimated to be 324-4434.
$163,500.
Any information concerning
Right: Place  de  la  Madeleine  by Edouard
thi s theft sho uld be directed to the Cortes, oil on canvas, 25"  x 21 ".  
FBI, San Francisco, CA ,'tele- Bottom: Boulevard  de  Capucines  by
phone (415) 553-7400 . Their file Edouard Cortes, oil on canvas, 29"  x  17 ".