for search warrant must appear in the affidavit. Information not included in affidavit is not to be considered. (Guest legitimately present in motel room has standing to protest unreasonable search. U.S. v. Saidana, 453 F2d 352 (1972)(10th Cir.), brief detention of truck and driver for street interrogation, without probable cause, upheld. U.S. v. Castaldi, —_—_—_—_——-453 F2d 506 (1871)(7th Cir.),_ where police. had probable cause to seize and impound a mobile vehicle at 3:30 a.m. they were entitled to search it without a warrant two hours later. U.S. v. Miller, 453 F2d 634 (1972)(4th Cir.), suspect, 14 years old, gave valid waiver of Miranda rights. U.S. v. Wilkerson, 453. F2d 657 (1971)(8th Cir.), photograph of lineup used to show trial court that lineup was fair. U.S. v. Warren, 453 F2d 738 (1972)(2d Cir.}, 5th Amendment dogs not protect defendant from seizure of his records kept by Government regulations for public purposes. U.S. v. Granado, 453 F2d 769 (1972)(10th Cir.), decision approves temporary detention for limited investigative purpose without warrant or probable cause. Kaufmanv. U.S. 453 Fad 798 (1971)(8th Cir.), search of person lawfully arrested may include documents found on him. (See also U.S. ¥. Simpson, 453 Fad 1028 (1972}(10th Cir.).) Where probable caus for Search of defendant's vchicle did not develop until after defendant was in jail and his car impounded, search of the car without warrant was unlawful. U.S. v. Rogers, 453 F2d 860 (1971)(9th Cir.), if there is probable cause to arrest, itis of no consequence that the search of the person immediately precedes — the arrest. U.S. v. Spsaks, #53 F2d 966 (1972)\(ist Cir.), where officer explained prisoner's Miranda rights at length, and prisoner - said he understood and wanted to ‘alk, there was a waiver despite refusal to sign the form, Allenv. Eaiukonis, 453 F2d 970 (1972)(1st Cir.), witness’. view of imeounseled suspect. through one-way glass is “flagrant constitutional violation. '' Decision cites FRI Law Enforce- _ ment Bulletin articie on lineups with approval. U.S. v. Walker, 453 F2d 1205 (1972)}(5th Cir.), arrested defendant filled out three personal history forms on instructions of officers who failed to tell him tht writing would be used for handwriting comparison. No prejudice of reversible diménsions.. U.S. v. Shields, 453 F2d 1235 (1972) \(Sth Cir.), decision shows standards for lawiul search of body cavity. U.S. v. Harris, 453 F2d 1317 (1972)(8th Cir.), taking handwriting exemplars is a Search and seigure. When taken from person not in custody, and who consents without coercive circumStances, no warning of right to refuse ‘need be given. When taken from person in custody, subject must be 4-18-72 _ SAC LETTER 72-21 ae Be NS 50dL Decld: 32989525 Page 487
warned of right to refuse. If Miranda warnings were previously given, these are sufficient to make consent voluntary. U.S. v. Furtney, 454 F2d.1 (1972)(3d Cir.), a lineup is not a constitutional requisite to admission of a witness' in-court identification. U.S. v. Guinn, 454 F2d 29 (1972)(5th Cir.), although affidavit for search warrant must —————-speak-as -of the-time-of-issue,_thereis.no arbitrary time limit on how old the information in the affidavit may be. Wilson v. Gaffney, 454 F2da 142 (1972)(10th Cir.), at lineup a volunteer attorney may - serve in absence of subject's attorney retained or appointed. Roderick v. Oregon, 454 F2d 214 (1972)(9th Cir.), where arresting officers in Oregon had reliable information that felony warrant for subject was outstanding in Idaho, their search of the vehicle of arrest was justified for their own safety and the incriminating weapon they found was properly seized. _— . Very truly yours, mae a John Edgar Hoover Director ete mbal sgn 418-72 7 a SAC LETTER 72-21 .. 9 «4- ly —WW_55041 Doocld: 32989525 Page 488
: WENG DUM 1-72 UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION HINGTON, D.C. 26535 ‘ In Reply, Please Refer to WASHER , File No. May 23, 1972 (A) CRIMINAL FRAUD INVESTIGATIONS -- SAC Letter 71-22 (A), dated May 25, 1971, provides for all field offices te submit semiannual |___ reports tothe Bureat_concerning new c criminal frauct matters (Fraud ki Against the Government, Federal Housing Administration Matters, i and Veterans Administration Matters) if the total number of cases : received during a six-month period was less than the total number during the same period of the prior year. Such reports were to be submitted January 15 and July 15 of each year. In view of the considerable rise in the number of criminal fraud cases being received in the field, this program is being . discontinued and it will no longer be necessary for the field to submit semiannual reports. Each cifice should, however, continue to make a close check on the number cf violations received in these categories ‘to insure all such cases are veing promptly reported and investigated. The progress of the tieia wili be cioseiy foliowed vy ihe Bureau, Cree ree (Security pages attached) ° 5-23-72 “ Ais i+,  *MEMORANDUM 1-72 Co WW 3304) Doold: 32969525 “Page 455 a
(B) REPORTING OF PROTEST DEMONSTRATIONS -- The Bureau has noted a trend toward incomplete and nonspecific reporting of disruptive, anti-Government demonstrations and protest rallies. It is often necessary to go pack to the reporting office for pertinent ———--details concerning these disorders;-which results in delayed —— dissemination. Details which have been neglected include failure to report number of protesters present, identities of organizations, and identities of speakers and leading activists. The necessity for full and complete reporting must be impressed on all personnel handling these matters. Existing instructions require that communications reporting such incidents are to be submitted under a substantive.case caption with a brief, accurate description of the event; for example,: Students for a Democratic Society - Demonstration Against ROTC, University of Wisconsin, 4/25/72. Where multiple organizations are involved, the group primarily responsible for organizing the demonstration should be utilized in the caption. When your original communication concerning a disruptive demonstration does not contain all pertinent details, you should set — forth what steps you are taking to obtain this information. Make certain that you submit recommendations for initiating investigation of sponsoring organizations, if warranted, under criteria set forth ‘in Section 87B, Manual of Instructions. For proper routing of information at the Bureau continue to use code words "VIDEM" (Vietnam Demonstration) and "STAG" (Student Agitation). Persons arrested should be identified, since circumstances of an arrest, in ' some cases, may indicate a propensity for violence. In considering _ whether a security investigation of an individual is warranted, it_ ; - should be noted that a mere arrest in connection with a demonstration is insufficient basis in itself for investigation. The arrest must be coupled with a demonstrated propensity for violence or with subversive or revolutionary activity on the part of the individual arrested. = a oe The above guidelines are intended to reiterate and clarify — existing instructions and you must insure that in reporting these matters you adhere to Bureau requirements. 5-23-72 OO a MEMORANDUM 1-7 a Qe ° . acy oar . NW 55041 Doold:32999525 Page 490
— (C) SECURITY INFORMANTS AND SCURCES - INCOME TAXES -- i With regard to the retention of the records maintained by your office relative to captioned matter, you are advised that those records relating to the exhibits forwarded to your office as enclosures to No Number SAC Letter 63-E, dated March 27, 1963, are to be retained as follows: on a yearly basis thereafter. 5-23-72 MEMORANDUM 1-72 iy MW 35041 Docld: 32959525 Page 491 The records represented by Exhibits 2 and 3, 7, and 10 will be retained for three years with the oldest year to be destroyed Those records represented by Exhibits 4 and 5 are to be retained as long as the informant is active and then destroyed five years after the date the informant is discontinued. The records relating to remaining Exhibits 1, 6, 8, and 9 are those submitted to the Bureau. L. Patrick Gray, TI Acting Director
PERSONAL shes ENTION MEMORANDUM 5-72 i NITED STATES DEPARTMENT OF JUST FEDERAL BUREAU OF INVESTIGATION In Reply, Please Refer to WASHINGTON, D.C. 20535 File No. June 13, 1972 Memorandum to All Special Agents in Charge: _ ~~ (A) ALIEN PROPERTY CUSTODIAN MATTER => Effective immediately-—— the 114 Classification "Alien Property Custodian Matter" is discontinued. under the character of 'Miscellaneous - Civil Suit" and assigned a 63 ' classification at FBI Headquarters and a 62 classification in the field. 6-13-72 MEMORANDUM 5-72 (B) HOUSEHOLD GOODS - COMMUTATION OF EXPENSES FOR TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS -- The General Services Administration has prescribed changes in the commuted rates for transportation and storage of household goods and fc. personal effects and a copy of the changes is enclosed. The new rates Sr are effective for transportation begun on and after May 16, 1972. Future investigations in this classification will be handled vouchers for the transportation and storage of houséhold goods and _ personal effects should review the new rates to insure the vouchers are | < , All employees in your office who have occasion to submit — { ‘ submitted correctly. 6-13-72 MEMORANDUM 5-72 (C) CONTACTS WITH THE PUBLIC - PROPER DEFINITION OF TERMS INVESTIGATION AND SURVEILLANCE -- In view of indications that ' substantial segments of the public are confused concerning the proper definition of the terms investigation and surveillance, as related to Bureau operations, all Bureau speakers must remain particularly alert to clearly and concisely convey the proper meaning of these terms whenever it is necessary to mention them in connection with public statements. Intra- Bureau understanding of the term surveillance means, of course, a specific investigative technique selectively employed during an investigation when individual circumstances warrant. Physical, photographic, and electronic surveillances are included in this categcry but'such matters should not normally be discussed, unless required to . eorrect an obvious misconception. . 6-13-72 MEMORANDUM 5-72 7 Wand O4i—Docld.32989525 Page 492
(D) ACCESS TO RECORDS MAINTAINED BY BANKING IISTITUTIONS -- The following legal analysis is being provided for guidance in responding to inquiries concerning FBI access to records maintained by banking ———_______Institutions. f Bank records generally are available in response to the authority of a Grand Jury subpoena or other appropriate order of a court, In the . absencé of such authority, access to records upon request may be approved by the courts depending upon the nature of the investigation and the scope of the request. — e ‘Generally, the case decisions have divided on the distinction . between requests for information needed to establish the elements of a criminal offense or to aid in discharging essential governmental responsibilities and requests having no such basis. Access to records _based-on a request in the first categ gory has been approved due to the “yeasonableness ot the bank's response to @ public duty to disclose the information. Requests of the latter type may be prompted by an agency's desire simply to monitor the existence and degree of association of sr mom oy oe — individuals or groups. Such review of bank records for intelligence a gathering per se may be difficult, if not impossible, to defend against a . claim of First Amendment violation, t. ‘ For example, in Pollard v. Roberts, 283 F, Supp. 248 4 (ED Ark, 1968), affirmed 393 U.S. 14, a prosecutor, conducting an * ; investigation of allegations of vote buying, sought access to the bank account of the political group named, The account data would have shown not only payments made by drafts upon the account but also the amounts of political contributions to the account and the identities of the contributors. The court enioined production of the account data except for the recorded expenditures and expressed the opinion that the information regarding drafts upon the account was appropriately availabie to the prosecutor looking into alleged vote buying but that the other records of contributors' accounts were protected by the First Amendment, The theory at work here is that the right of people to associate in groups to advocate and promote legitimate political, social or economic a - action is protected even though such action may be controversial. If the ' associated groups or their cbjectives are unpopular, revelation of the . z -¥ - . , 6-13-72 MEMORANDUM 6-712 -2- —H-55041_ Docld: 32989525 Page 493
és ae . . y . t _ . mes . ° ‘ . 4 a an ~ ee ne x so AR eb bee me net neninneetis Bee identities of members may provoke reprisals from those opposed and fear of such reprisals may discourage the frec exercise of constitutional rights. Thereforé, governmen® action which has the effect of impairing enjoyment of the First Amend:nent is carefully limited by the courts. — The court ncted thir disclosure of the bank records identifying the contributors to a political association might be approved only where there is a showing of 2 ration2} connection between the disclosure of such information and a legitimate government end and that the government interest is cogent and compelling. Moreover, even when disclosure would be approved under such conditions, a sweeping and indiscriminate disclosure in excess of the legitimate need would not be approved. A similar result occurred in The Fifth Avenue Peace Parade Committee, etal. v. J. Edgar Hoover, etal., 70 Civ. 2646, SDNY _ (1972), (unreported)(appeal pending) where the plaintiffs sought an injunction prohibiting access to account information in the absence of a _ subpoena. The court dismissed the suit on the grounds that the government 4 interests were legitimate and that the plaintiffs had nct shown any basis ; ; for their claim that the information obtained from the bank interfereu with , o£ the enjoyment of their First Amendment rights. \. In this case, the FBI sought information concerning the number | of persons who might be expected to attend protest activities at Washington, D.C., on November 14, 15, and 16, 1969, Further, information was i sought as to any indication that acts of violence might occur. One source ¥ ot such information was the bank account established to provide transpor- tation for participants from New York City. The total of the deposits would provide an indication of the extent of the transportation required and therefore the numbers of participants that could be expected. TaN Access to bank records in investigations of criminel offenses having no First Amendment implications provides fewer legal difficulties. A good example is United States v. Gross, 416 Fad 1205 (8th Cir. 1969) cert, den. 397 U.S. 1013, in which a prosecution for mail and wire fraud arising out of a check kiting scheme was based on a review of bank records. The defendant claimed the records were inadmissible because they were private, were obtained without the consent of the defendant and were the product of an unlawful search and seizure, The court disagreed and held Ret soe G+18-72 ee MEMORANDUM 5-72 -3- oS LM 55041 Deold: $9525 Page 494
7s , that such records are act the property of the customer and the customer has no standing to object on Fourt: ov Fitth Amendment grounds, While the records in this care were obteined by subpoena, the important principle to be observed is that the records do not belong to the. depositor but to the bank, Therefore, even in the absence of a subpoena, access to bank records ———— ——pursuant to an official vequestin«-criminal-case-would-not-taint-the. ~ evidence, oo Consistent «ith this result is the decision in United States v. : Gerhart, 275 F. Supp. 443 (SD W. Va. 1967) in which the court approved ’ the practice of the FBi ju examining checks presented to the bank for payment by a gambler who had accepted them from patrons of his gambling establishment. ‘he court's decisicn was based on the principie that once the checks had been honored at the bank they became the property of the bank and the gambler lust all legal interest in them. General cuidelines may be drawn from the above authorities to ‘desecrihe the limitations on FBI access and use of the information in bank records, They are availsble principally by subpoena but also by request where the need for them can be demonstrated in a criminal case or ina security matter involving important government interests such as those in i. the Fifth Avenne case, Notihe Fourth or Fifth Amendments, but the First Amendment, stands in the way of unlimited review of bank records and the rights it protects may be found to be more important than the government - interest behind the request even though the request is formalized in a - gubpoena. Only impartial judicial analysis of each case wherein such conflict occurs will resolve the issue whether disclosure by the bank is necessary or proper. In the course of liaison contacts, bank representatives may express a different view in these matters because the banks stand in a special relationship with the account holders. Some courts have recognized an implied contractual requirement on the banks in favor of their depositors to keep account records free from outside scrutiny until disclosure is . compelled by court order. Peterson v. Idaho First National Bank, 367 Pad | 284 (Idaho 1961) (individual depositor); Milohnich v. First National Bank of ne (corporate depositor); Brex v. Smith, 146 A24 (Court of Chancery, New Jersey, 1929) (class action - depositors protected were all members of the see MEMORANDUM 5-72 ~ “4-0 , 1 ‘Hw 53041 Docld:i32989525 Page 455
Newark, New Jersey, Police Department) However, it should be noted that the court in the Fifth Avenue case also dismissed the suit against the bank, from which the record information had been obtained; on the ground that by simply acceding to the FBI request the bank ‘did nothing to intrude upon the constitutional rights of the plaintiffs. ' Review of bank records should b2 requested only when needed to meet a legitimate investigative objective. Where such access is denied or where established policy of denial makes such request unnecessary, and the information is still desired, advise the Bureau promptly. (. (Security pages attached) _ , , 618-72 a es i MEMORANDUM 5-72 | - oe Bee LMW55041 Doold: 32989525 Page 496 | _.
‘e (E) REPORTING INFORMATICN RECEIVED FROM PASSPORT - OFFICE - DEPARTMENT OF STATE -- In the future, when reporting | information received from the Passport Office, Department of State, which may be disseminated or made known outside the Bureau, the information should be so paraphrased as to protect the Passport Office as the source. This would include the obtaining of a photograph from that office’ Should it be necessary to-disseminate the information — outside the Bureau, the Passport Office could be identified as "U. S. Government records. "' The true source would then be shown as the Passport Office in cover communications sent within the Bureau or on the administrative pages of reports. . 6-13-72 MEMORANDUM 5-72 (F) STOP INDEX MATTERS -- The following instructions pertain to the entry of individuals and vehicles into the Stop Index File and supersede all previous instructions. With the éxception cof Solective Service delinquents, the appropriate substantive Division at Headquarters must approve ail - individuals and vehicles before they are entered into the Stop Index ( File, Therefore, communications requesting entry of a record must C be directed to the attention of the appropriate Division. — A new form (FD-457) has been developed that will a accommodate entry, modification, and cancellation of Stop Index File , records, A sample of the FD- 457 is attached. The form is self- ‘ explanatory. A supply of these forms will be furnished to each field office. For Selective Service delinquents, the field should continue to use the Wanted-Flash~Canceilation Notice (FD-165). One copy should be designated for the Voucher-Statistical Section, Computer Systems Division, rather than National Crime Information Center (NCIC). ‘The Special Investigative Division does not have to approve Selective Service delinquents prior to their entry. For your information, the categories now authorized for entry into the Stop Index File, by their respective Division, are as follows: — 6-13-72 . ft... “MEMORANDUM 5-72. -.6-. —HW-35 04 —Doekd+32989525— Page Agt
Domestic Intelligence Division Category I ADEX, Extremist Subjects Medburg Case Individuals Soviet Vehicles - ; Urban Guerrilla Warfare Suspects——___9J9/»/»—»_— Venceremos Brigade Members | Weatherman Suspects General Investigative Division Bank Robbery Suspects Top Jewel Thieves Special Investigative Division Selective Service Delinquents _ Selected Organized Crime Figures Top Echelon Informants L. Patrick Gray, II Acting Director — Enclosures for (B) and (F) MEMORANDUM 5-72 ©. . eH rt ( ‘NW 35041 Docld: 32989525 Page 4396
fStop index File Entry, Cancctlation, Modification FD-457 (4-88-72) . Tro: Director, FBI ( ) ‘LOM: SAC, t \) -uBJECT: ” . a“ ——< ([] Place Siop (See NCIC Manual, Part Il, for Field Codes) * I[[] Modify Stop (Enter Only Information That Is To Be Changed) {_} Cancel Stop (Enter Name And One Other Identifier) areas | NW 55041---BocTd:32989525 Page 399 ~ - > License Plate State LIS License Plate No. VYR VIN Vehicle Identification Number Vehicle Ye GLN  Operator’s License Number Caution Statement o 2..- Bureau ._1 - Voucher Statistical Section - : . han, ’- ip . ; = . 4 : : 3 $ t ° e ° e (] Category 1 ADEX Extremist (_.] Urban Guerrilla Warfare Suspect (-] Venceremos Brigade Member [7] Weatherman {C] Bank Robbery Suspect (_] Top Jewel Thief [7] Other: (Specify) DATY: . { ; RAM Last Name First Middle AKA Last Name First Middle FBI Number SGC Social Security Number cal 29 é - rd IMNU Miscellaneous No. DOB Dateof Birth |F£B Place of Birth RAC Race SEX ‘ ces Month Day Year : MIS Miscellaneous . . LIY License Plate Year | LIT Licensé Plate Tye *; H i ar [YMA Vehicle Make YMO Vehicle Model | | OLS Op. License State GLY Op. Lic. Yr. Exp. 1 : t ory . s 9 . , “oes : 8 . “9 “ say a : . ’ vi . < * 7 . - ; wt, . 3 ac aa . . * & . 3 v 2% ao?
en ; . _ PERSONAL ATT ATION LEE MEMORANDUM i - hoa UN TED STATES DEPARTMENT OF JUSTICE °- |} ~ ar wiry FB |} oo euesyeis “EDERAL BUREAU. OF INVESTIGATION In Reply, Please Refer to _WASHINGTON, D.C. 20535 File No. . July 11, 1972 Memorandum to All Special Agents in Charge: (A) TRAVEL C COURTESIES Travel assistance and the extending or similar courtesies to persons 5 outside the Bureau are not to be requested’ of another Field Office or of a Legal Attache Office without prior Bureau approval. There is no objection to requesting reservations, travel information, etc., for our own employees, whether on official business or on vacations. All such requests should be reasonable and should any office, such as Honolulu or our Legal Attache Offices, find such requests to be burdensome, I should be advised. 7-11-72 MEMORANDUM 11-72 | . (B) AUTOMOTIVE EQUIPMENT USED IN SURVEILLANCES -- You are (- reminded of the necessity that automotive equipment used in surveillances . be sufficiently varied as to minimize the danger that persons under surveillances will recognize it as "policemen's equipment." A limited amount of special surveillance equipment is located in ‘the various offices. Efforts will be made in the future to augment this equipment. Until t procurement of sufficiently varied automotive equipment can be obtained, i you are authorized to make appropriate use of rental equipment where i necessary; however, it is your responsibility to see that such rental equipment is completely justified. Whenever such use will be extensive and the cost is estimated to exceed $100, prior Bureau authority must be ' obtained and may be obtained on an expedite basis. You are reminded of the importance of maintaining special surveillance vehicles and equipment in a secure manner to insure none of our surveillances are in any way jeopardized. Existing regulations require that all radio-equipped: surveillance trucks be provided separate garage and storage treatment. The desirability of maintaining other surveillance automotive equipment separately from cur normal equipment should be carefully evaluated. Where circumstances dictate, such equipment should be provided the same separate facilities as is now required of radio-equipped surveillance trucks. Appropriate manual changes concerning the rental of surveillance equipment. will be fort Hhooming. f a . 1 . - Af ‘ a * - . * . 1 : ota . af 7-11-72 MEMORANDUM 11-72 Ni 35045 —Boote+ 3253 9525—Page 300
(C) INTERVIEWS OF SUBJECTS OF SUBVERSIVE-TYPE AND REVOLUTIONARY ACTIVITIES -- INVESTIGATIONS ON AUTHORITY OF SPECIAL AGENT IN CFARGE- SECURITY |. INVESTIGATIONS OF INDIVIDUALS -- SAC Letter 68-74 dated December 24, 1968, authorized Special Agents in Charge to approve interviews of rank-and-Hi Té biatk and white-extremists as well as officers of white extremist groups up to state level unless employed in or connected with areas of sensitivity. Such interviews have been a primary source-for the development of significant and timely data on possible violations of Federal statutes and have additionally resulted in the Bureau's development of quality extremist informants, It is apparent that expansion of SAC autnority regarding additional interviews will not only provide greater latitude of action in the field but also. will streamline operations by reducing the amount of paper work in the.field and at Bureau Headquarters. Effective immediately with regard to subversive and revolutionary “m. organizations, Special Agents in Charge are authorized to approve ( interviews of rank-and-file members and their counterparts in Similar nonmembership groups. —" Bureau authority, however, will continue to be necessary ; prior to interview of subjects when circumstances indicate a delicate ne ' situation and a greater than usual risk involved, such as nationally c prominent individuals, labor leaders and persons in educational, + mass media, religious or publishing fields. Bureau authority should ' also be obtained to interview those who have publicly disclosed or are likely to disclose tc the mass media contacts by Bureau Agents for the purpose of placing the Bureau in a bad light by falsely charging harassment or who have misstated or are likely to misstate the facis concerning the interview for self-serving purposes. Manual and Handbook changes follow. Te ee eR RS L. Patrick Gray, 1 . I, , Acting Director Re CY - eee EE mk ammeter ee aan _ ‘T-11-72 oS Ly 4 ||. MEMORANDUM 11-72 000 = = - “WW-SS0-44—Docla+32080625—Page501
PERSONAL ATTENTION MEMORARD Ont 13-72 “JNITED STATES DEPARTMENT OF JUSTICE | \ i } 4 alee i. eg she bey ies FEDERAL BUREAU OF INVESTIGATION In Reply, Please Refer to WASHINGTON, D.C. 20535 ; File No. . , July 25, 1972 -———-_ — — Memorandum to All Special Agents_in-Charge i (A) CONFIDENTIAL NATURE OF FBI FILES AND INVESTIGATIONS . AND SECURITY OF BUREAU SPACE -- Certain recent incidents dictate that we reexamine at this time the quality of the continuing instructions being given to our employees concerning the sanctity and integrity of FBI files. It is essential that thorough and effective presentations be made to all personnel at regular intervals to insure that they aré thoroughly familiar with the confidential nature of our files. The protection of information delivered to us is one of our most important, if not the most important, of our interests, and we must maintain tight security ; in this area if we are to warrant the continued confidence of the 4... American people. In this regard, we must also guard against loose talk, even among ourselves. Our investigations are not to be dis- cussed with any of our colleagues except those who have a need to know. You should also reemphasize to your employees at this time ~ the need. for complete security of FBI premises. — ons, Instructions have been issued to you periodically « concerning the above matters, and you should refer to SAC Letter 67-16(A) dated ' March 14, 1967, That SAC Letter contains an enclosure with 22 separate poinis relating generally to the confidential nature of the Bureau's work, the security of space and information, the security of Bureau property, and penalties imposed for violations of security regulations. That enclosure captioned "Security indoctrination of FBI Employees” has been amended and a revision of same is attached. You should utilize this document to implement your instructions to your employess but should not be restricted to this material. Any additional security precautions necessary for your particular office should also be forcefully brought to the attention of your employees. 1/25/12 | . 7 MEMORANDUM 13-72 oe cia en 8 pene eee eee ree ome NW 55041 Docld: 32989525 Page S02
(B) MONTHLY -.SEIINISTRATIVE REPORT - FBI FORM BOOK -- Effective imme ui_isly Monthly Administrative Report, Form FD-291 (Accounting Meiters - Personnel) should be submitted with the June and December reports only. Monthly totals concerning the number of accountants in ssch qualification rating assigned to your office, the numbcér of accountants available for accounting work, total days spent during the moni on accounting matters, total days of accounting work pending and total days nonaccountants have spent on accounting work should be entered on Form FO-2$h (Accounting Matters - Cases) under the Remarks Section. Form 29h is being revised and the new forms will be forwarded separately. No change should be made in the accumulation of information by your office. . Manual changes will follow. 1/25/72 MEMORANDUM 13-72 (C) CONSPIRACY TO IMPEDS OR INJURE CFTICER -- Your attention is directed to Title 18, U. S. Code, Section 372. This Statute provides that if two or more persons conspire to prevent by force, intimidation, or threat any person from holding office under the United States, or from discharging any duties therecf, or to injure him in his person or property on account of his lawful discharge of the duties of his office or impede him in the dischamge of his official duties, each of such sq Ph CPt . persons shall be fined not more-than $5,000 or imprisoned not more than six years or both. The Assaulting a Federal Cfficer Statute, Title 18, U. S. Cede, Section 111, covers FBI employees and states that whoever forcibly assaults, impedes, intimidates, etc., violates the statute, Thus to violate Title 18, U. S. Code, Section 111, some force. must be used. However, Title 18, U. S. Code, Secticn 372, since it does not require the prohibited acis be committed "forcibly" provides broader coverage for our employees in those instances where two or more subjects are involved. Ali Agent personnel are to be alerted to and utilize the Conspiracy to Impede or Injure Officer Statute in furtherance of their respective official duties in those instances where the Assaulting a Federal Officer Statute is not applicable. 1/25/72 ok MEMORANDUM 13-72 | «2 MW 55041. Doeld: 32989525 Page 503 : —
(D) SECURITY OF BUREAU MANUALS --~ Reference is made to SAC Letter 71-12 (C) concerning security measures to be placed into effect with respect to Resident Agencies. Permission is now being granted for field offices to furnish one set of the Manual of Instructions and the Manual of Rules and Reguiations to each Resident Agency where safe- type cabinets or secure vaulis are now available. You should reiterate existing- security-regulations-to-alt personnel assigned to these locations— ----— to make it perfectly clear that these manuals should be maintained in the locked cabinets or vaults. at all times when they are not actually in use. Manual revisions will be forthcoming. ee A LLCO ~” (Security page attached) Li?-£ORANDUM 13-72 -3- Po, MW 55041 Boold:32999525 Page 504 aaa
t (E) IMMIGRANTS AND REFUGEES FROM COMMUNIST COUNTRIES (EXCEPT YUGOSLAVIA) ~- Effective immediately, leterherd memoranda need not be submitted concerning reinterviews in these matiers if infor- mation furnished by the subject coincides in all respects with that i. __previously obtained. _ _ It is still important that the results of these reinterviews be‘ compared closely with information obtained during previous interviews to discover any discrepancies which possibly indicate that a cover story is being used by the subject. Manual changes follow. 7/25/72 MEMORANDUM 13-72 ° (F) SECURITY INFORMANTS - FBI FORM BOOK -- Effective im- mediately form FD-439 cantioned "Confidential Informant and Similar Types of Coverage" which is being revised will be submitted on a quarterly basis instead of monthly. The new self-explanatory form will only include informant information and is being sent under separate cover. — , . : e L. Patrick Gray, a8] i Acting Director | ~ Enc. for (A) —NW-S504t—Dockd+ 32989525 RBage 505 |
‘ (1) (2) (3) (4) (5) (6) (7) _ must be under lock and 3 Key. Amended Enclosure for SAC Letter §7- 16(A) dg March i4, 1967. —* General statement as to the confidential nature of Bureau's work, security of space and information, and security of Bureau property. All employees should be alert to the possibility that individuals who are not entitled to enter Bureau space might attempt to do so. An unknown individual should be chailenged ¢ and his i dentity immediately esiablished, When checking credentials such as an identification card, check should be sufficient to establish that the holder is identi- cal with the photograph he presents, Maintenance and similar people must identify themselves.when they na sat kh resta we 4 enter Burcau spacc and must be undex apprCpriaie Supervision at all times. when unoccupied, even though pe rsons leaving the space will be -— ‘absent only a brief period. Particular care must be given to the security of such mares as messenger boxes maintained on desks and/or tables in Bureau space which is accessible from public space. When a iglenhone call is received concerning a request for official information, classified or otherwise, if there is the slightest question as to the identity of the caller, a return call. must be made and no information fur nished without a break in the communication. , Trash of an official nature must be disposed of through the anpro- priate procedures sich as the use of white-rimmed wastebaskets, . with particular care that these baskets are not used at the close of business after they are emptied, Trash of an official nature including used carbon paper and the used portions of carbon paper typewriter ribbons, accumulated after collection has been made, Ww 35041 Docld: 32589525 Page 506
(8) Before securing any Bureau space for the evening, the last employee in each room must check to make certain that all material is preperly locked in cabinets and to insure that all file cabinets, windows, and doors are shut and securely locked where appropriate. ; (9) hoss-or destruction of certain-Bureat property has security ———_____ ramifications and must be assiduously avoided. Loss or theft of Bureau property must be immediately reported to superior. (10) Whenever Bureau mail of any type is carried on elevators, in corridors, or in other public space, the material should be covered, (11) Bureau work should not be taken into rest rooms or lounges at any time. . (12) Discussion of Bureau work with fellow employees should be only on a need-to-know basis. Discussion of Bureau's work with on non-Bureau employees is strictly prohibited, This includes even c the closest relatives and friends, (13) Employees should not needlessly identify themselves as FBI . -—~ i employees, particularly in restaurants and other public places, | ; where they might easily be within earshot of representatives of oo hostile intelligence services. Neither should employees discuss Bureau work at luncheons, in car pools, or in other areas outside working space, even with a social group made up of Bureau employees only. (14) Contact with noncommunist-bloc diplomatic personnel on a sustained social basis should be brought to the attention of the employee's . Supervisor. All contacts with communist-bloc diplomatic personnel — Should be’ reported as well as any unusual or.persistent requests . for information of a confidential nature from unauthorized personnel regardless of the circumstances. - . (15) All types of arrests, civil litigation, and traffic and parking viola- ; tions involving Bureau employees must be reported, - (16) Employees should request authority for travel outside the United States, except to Ca naca and Mexico. BT i po2989525 Page 507 . ~2-
¥ (17) Prohibition of discussion of Bureau work with unauthorized | individuals extends as well after employee's termination of . ' service with the Bureau. (18) Employees are prohibited from making copies for themselves of any 2 ep ort s-Or-COrr respendenesthey-prepare-in the course of . 5 . their official duties except copies of expense vouchers or of form CA-1 (employee's notice of injury or occupational disease), On ‘ separation from the Bureau, every employee must return any J official documents made or received while in the Bureau’s service except for such items as originals cf letters of commendation, censure, or promotion and copies of expense accounts and form CA-1. (19) Violations relative to unauthori zed disclosure of Bureau informa- tion are punishable by immediate dismissal and failure to abide by these requirements may violate Department of Justice regula- tions and certain criminal statutes. Penalties are severe and may be as high as 10 years’ imprisonment or a $10, 000 fine, or on both. (20) It is unlawful for any member of the Communist Party ofthe -— United States to hold employment under the U. S. Government or for any employee of the U. 5. to contribute funds or services to E a the Communist Party of the United States, it is also unlawtiul for a any emplcyee to advise, counsel, or urge any person known to be a member of the Communist Party of the United States to perform or omit to perform any act if such act or omission would violate any provisions of the Subversive Activities Control Act of 1950. (21) Disclosure of classified security information by an employee to an individual he knows or has reason to believe is a member of the Communist Party of the United States is an offense punishable by a fine of not more than $10, 000, imprisonment for not more than 10 years, or both. Upon conviction of such offense, the employee becomes ineligible thereatter to hold any office or place , of honor, profit or trust created by the Constitution or laws of the * United States. PMWLSSOAL Docld: 32989595 Page 508 a
‘ (22) "Executive Order 11652, Section 13 (B} provides "The head of . each Department is directed to take prompt and atrin ent tf administrative action against any officer or employee of ti United States, at any level of employment, determined to have been responsible for any release or disclosure of national ——~_ security information or-material-in-a-manner-nci-authorized by or under this order or a directive of the President issued through the National Security Council. Where a violation of criminal statutes may be involved, Departments will refer any Such case promptly to the Department of Justice.' " oe “4 BW 5 304i : $9525 Page 509 . , \ - a
i a ae ; t i . ‘ - 1 cad ee c™ NW 55041 Docld:32989525 Page 510 ‘PERSONAL ATTENTION MEMORANDUM 14-72 UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION N, D.C. In Reply, Please Refer to WASHINGTON, 20535 File No, August 1, 1972 Memorandum to All-Speciat Agents in Charge (A) LAW ENFORCEMENT EDUCATION PROGRAM (LEEP) LOANS -~ Reference is made to SAC Letters 69-34(B) dated June 24, 1969, and 71~36(A) dated August 3, 1971. These outlined basic information and Bureau policy concerning handling of requests from applicants for financial aid in the form of grants and loans to attend college for law enforcement officers and students planning law enforcement careers as provided by the Omnibus Crime Control and Safe Streets Act of 1968. The Bureau will now consider on an individual basis requests irom forimer Cmpleyees for a letter required for LEEP loan applicants : indicating the Bureau will willingly consider the applicant as a desirabie candidate for employment in the "criminal justice" field upon graduation or completion of coflege and meeting required qualifications. As you know, this is not a commitment to actually employ the loan applicant. __ _ We will require a statement from the former employee as to his intentions to pursue a career inlaw enforcement. This should also contain his address plus the identity of the school official, title and address, in-_ cluding zip code number, to whom the letter, if approved, is to be sub- mitted. As you will recall, the Bureau's principal "criminal justice" position is that of Special Agent. If the loan applicant is a former employee of your division, submit your evaluation of the individual in-~ volved and recommendation as to whether the letter should be supplied. Current employees should continue to submit their requests in the same manner as prescribed in above reference. Individuals with no prior Bureau affiliation should continue to be informed we are unable to comply with their request for an "employability letter" and a record is to be kept of such requests. Any correspondence relative to this matter should be addressed--Attention: Personnel Section. 8/1/72 MEMORANDUM 14-72
(B) SPECIAL AGENTS ACTING UNDERCOVER -- The Pureau held a iz three-day seminar on Stolen and Counterfeit Securities cases for Agents from selected offices between June 12 and 14, 1972. About six hours of this seminar were devoted to exchange of ideas on informant develop- ment, handling and control and to undercover activities: The consensus RS, of opinion at the seminar was that the technique cf placing an Agent undercover is not sufficiently recognized or encouraged. j This technique should be considered whenever you are faced with the situation where your subjects are looking for an outlet for stolen property. The opportunity to utilize this technique will ordinarily come to your attention when an informant advises that a particular subject | is in possession of stolen property or contraband and is attempting to , dispose of same. In such a situation, the undercover Agent supplies the outlet and places the subject ina position where he can be arrested in the act of disposing of this material and the material recovered. The technique, therefore, is suited to. Theft of Government Property, Inter- state Transportation of Stolen Property, and Theft From Interstate Shipment cases. It has also been utilized to good advantage in gambling investigations where Agents have been introduced into the "game" as participants or customers and thereby lay the basis for the arrest or -~— raid. There are other instances where an undercover Agent.can be a valuable asset in our investigations, the anedlarnay Alcbials sladhiatt and levanaiehtbetan ne onhshernnhooounuan ae reteeedee | PS PAKS yaaaers as . * asia eat peat Bkes omen ine ahes te bate Ane fa eto > ba. Pecans The advantage over utilizing an informant in the same situation is that the Agent is capable of acting independently without the strict control necessary for proper informant utilization and the Agent can, if necessary, testify without impairing the informant. The Agent's 4! ‘evidence will also be given greater weight in court than the evidence of Aj an informant. The Agent is a trained investigator and ordinarily will a obtain considerably more information concerning the criminal enter- prise once he is on the "inside" than the informant. to eleranye te uth niente 1s ’ For’a detailed discussion of this technique, your attention , is invited to Training Guide No. 4 dated June 19, 1969, captioned, “Investigation of Stolen and Counterfeit Stock and Bond Cases." While the "cover stories" and situations in this training guide are directed at - stock and bonds cases with Slight alterations they can be used in a variety 1 ——~~of situations. ~ oe 8/1/72 . Co his, sak, MEMORANDUM 14-72 9. oe Qe 4, nek rhea pete MW 55041 DocId:32989525 Page 511
poe eaearveneecne | HW 55041 ‘employee should also be prepared to supply necessary waivers in the 8/1/72 (C) HARDSHIP TRANSFER REQUESTS -- There has been an increased number of hardship transfer requests sent to FBIHQ, I recognize fully that such requests must be given thorough and fair consideration. How- ever, frequently, insufficient information is furnished in order that a final and fair evaluation can be made. Therefore, the following procedures are being placed in effect immediately in connection ‘with such requests. _ + Each such request must be forwarded to FBIH@ through the Division Head. Any request received directly at FBIHQ@ will be returned to the appropriate Division Head for necessary handling. In the event the request is based on a problem involving employee's parents or employee's spouse's parents, the following information must be submitted. Their ages should be furnished as ‘well as written reports from any doctors involved: including diagnosis, prognosis, and any recommendation from a medical standpoint. Also furnish the income of parents, who is assisting them now and if such is the case why this would not he sufficient. Where do they live, such as home or apartment; do they have a car; and, do they drive. Of course, any other factors pertinent to the situation necessary in making an evaluation should likewise be submitted. _ If the problem relates to employee's spouse or children substantiating doctor's statements must be submitted setting forth diagnosis and prognosis with the recommendation of the doctor. The event it is necessary that the physician be contacted for additional clarifying information. . Should the problem relate solely to the employee involved, such as an allergy peculiar to the area of assignment, appropriate medical statements must be furnished. Upon receipt of these, final determination must be made by the local Government examining facility. A thorough report of the particular situation by the Division Head must accompany each such request with a specific recommendation for action based on the results of the interview. In the communication accompanying request, observations of the Division Head should include whether a temporary assignment or a permanent change of station would ~” . » e wot EMGRANDUM 14-72 0» hm 3.- Docld: 32989525 Page 512
be best in view of the circumstances or, of course, it may be recom- mended that no action be taken. In any event, the interview by the Divi- Sion Head is considered one of the most important aspects in making a final determination in such matters and, henceforth, merely forwarding aterial with the comment that the employee receive favorable consideration consistent with the needs of the Bureau will not be considered acceptable. Of course, Division Head should specifically state whether a replacement would be needed in the event favorable consideration is given to the request. In those instances where a temporary assignment is granted, expenses of same must be borne by the employee. In the event a permanent transfer is approved, employee should understand that there will be a regular periodic follow-up to determine if a hardship still exists. This will be done approximately one year following the date the employee arrives at the new office of assignment. Such employees should also understand that they will not be considered for promotion to supervisory positions until advice is received that they are completely available for administrative advancement. C You may be assured each case received will be given every possible consideration. However,- the above procedures must be followed in each instance. aa ee ie ake eee ee ee rege een a mw tee -- +. 5 ve 0" MEMORANDUM 1-72 °° 5 oe WWI Odt—boetd+3asson25 Page 3i3
(D) CRIME ABOARD AIRCRAFT MATTERS - DR. DAVID GRAHAM HUBBARD ~ PSYCHIATRIST -- Dr. David Graham Hubbard, born October 5, 1920, at Dexter, New Mexico, is a psychiatrist who al- legedly is an expert on skyjackers. In February, 1972, at the insistence of the Federal Aviation Administration (FAA), Dr. Hubbard resigned as FAA hijacking consultant. This followed instances.where he made™ irresponsible statements dealing with past hijackings, misquoted the Administrator of FAA, and attempted to personally inject himself into highly volatile hijacking situations. In one recent hijacking, he exhibited his nuisance character by appearing on the scene and demanding to talk to the hijackers on board the aircraft claiming he had Department _of Justice approval when, in fact, no such clearance had ever been given. , In view of the fast-moving nature of aircraft hijacking matters, itis imperative that there be no interference by outsiders. If Dr. Hubbard appearsin thefutureat the’scene of a hij acking, you should act accord- ingly and insure that he in no way partivipates in or interferes with the effective investigation of a hijacking. (Security page attached) ee ce ee peteeeememnemtne 6 gees Me tate eee eee ese we nes e 8/1/72 a : _— MEMORANDUM 14-72 «5 - Lo ‘spices i L MW 35041 Dootd: 32869525 Page 514
" MEMORANDUM 14272 0 owe @ ae (E) INFORMANTS - USE OF FORM FD-356 ~- Effective immediately form FD-356 should be used when requesting routine record checks for symbol informants. Previously such requests were sent by secure teletype which, in many cases, required receiving offices to transcribe ——~information to FD-356. All references, such as symbol number, which would tend to identify individual as an informiart should be deleted. Number classification (such as 184, 170, or 137) is sufficient to flag receiving offices. ; Manual and Handbook revisions follow. L. Patrick Gray, HI Acting Director 8/1/72 NW S504) Dooid: 32989525 Page 515
HW 35041 Doold: 32989525 pa ee Mtr ne be mn TR In Reply, Please Refer to WASHINGTON, D.C. PERSONAL ATTENTION MEM. OLANDUM UNITED STATES DEPARTMENT OF JUSTIC FEDERAL BUREAU OF INVESTIGATION 20535 August 8, 1972 Memorandum to All Special Agents in Charge: 15-72 (A) FBI SUGGESTION PROGRAM - FISCAL YEAR 1972 -- Set out below is ‘a summary of the results of participation by each field division and Legal Attache's office in the FBI Suggestion Program for the Fiscal Year 1972. SUBMISSIONS 1971 OFFICE SUGGESTIONS ADOPTIONS AGENTS CLERKS TOTAL CHANG: Albany Albuquerque Alexandria Anchorage Atlanta “Baltimore Birmingham Boston Buffalo Buite Charlotte _ Chicago Cincinnati Cleveland *Columbia Dallas Denver Detroit El Paso Honolulu Houston Indianapolis ' Jackson Jacksonville Kansas City Knoxville 8-8-72 MEMORAND ANWHSAWMOMWHUwWAARA _ ps 2 CO He ot 0.60 O CO Ht SMOO15-T2 Page 516 CPCOTTDOWNONDOCONNODOFORKRNONN SG _ 09 ~J OO Go pe DD A aT ed Cc UT TN OO OO OW PIED RS HB oD i OP SPE PH OWONNNY ROH OPNOOONYONHON j | ahyowaarhbwuapo bia G® arr Rare wyo + t bk bt i oe hb bs VS OM UWUNNWTOWNA BAW OR ARO RNR OD!
a ae ee Pr a, op anene han eet von en teea se —HW_55041 L32959525 Page S17 ers 7 neers an ws seme oe er CN 8 RRNA ph mien ngntnntneenyr LY | eR Las Vegas *Little Rock Los Angeles Louisville Memphis ~~ ~~ Miami Milwaukee Minneapolis Mobile Newark New Haven New Orleans New York City Norfolk *Okiahoma City Omaha Philadelphia Phoenix Pittsburgh Portland Richmond © Sacramento Saint Louis Salt Lake City San Antonio San Diego * San Francisco San Juan Savannah Seattle Springfield Tampa Washington Field 21 - Beirut Bern Bonn 8-8-72 MEMORANDUM 15- 72 bt et oo 25 26 58 15. . 18 15 10 — 1 be WOmMNDMDORhO OD 22 1 3 0 WOR mB Bowcaa JT SUBMISSIONS OFFICE SUGGESTIONS ADOPTIONS AGENTS CLERKS \|TOTAL CHANGE "1971 0 3 4 8 1 4 1 6 1 4 1 9 2 3 0 " 2 + 0-3 +—__9—___. 2 4 0 5 . 1 0 1 6 0 2 1 2 1. 10 7 15° 4 8 2 7 2 5 4 4 2 19 6 19 5 21 5 “24 1 3 4 10 10 37 ai 46 0 4- 3 1 A 10 . 5 3. 3 15 3 6 0 0 2 4 - 2 4 3 10 - 0 7 8 8 + 1 1 9 2 + 0 2 0 12 - 5 4 4 7 + 2 4 4 12 - 1 2 2 7 - 1 10 0 12 3 8 0 4 1 2 3 8 . 3 13 5 15 2 0 3 2. 2 8 14 26 6 15 * 6 24 - 1 0 1 ° 0 + 0 1 2 2 + 0 0 0 1 - OO HA A OO OO HD OO He et ES Oo TO faa fend fee
e Le. SUBMISSIONS , 1971 OFFICE SUGGESTIONS ADOPTIONS AGENTS CLERKS | TOTAL CHANGE NR RR nentG | negate RRS Brasilia Buenos Aires Caracas Copenhagen Hong Kong La Paz London Madrid Managua Manila * Mexico City Ottawa Paris *Rome Singapore Tel Aviv Tokyo Ne OO Ne COO OO eH © tide + 3 WOOMDNRWDDONNHOWHOO looomotdnoomnoo WOOAN PP hOOH REO} lJooonoomoonnodnoce WOON PDWOOOrKD,-H 54 on 1 2 oy COOrR OF DWOOWOC SO ' Ke] c© or 360 189 i nD An asterisk adjacent to an entry denotes the office has at least one suggestion awaiting final decision. The Legat Office in Manila reopened in January, 1972, while those in Brasilia and Singapore opened in March and April, 1972, respectively. a . The total number of suggestions submitted was 924 of which 324 were adopted with 10 still awaiting resolution. Fourteen suggestions from the previous two fiscal years were implemented during Fiscal Year 1972 making the overall total 338. Estimated first-year tangible benefits amounted to over $200, 000 with additional intangible savings. Twenty-four employees shared incentive awards amounting to $5890 and, in addition,8 employees were commended for their contributions. I wish to express my appreciation for the excellent interest and cooperation displayed by our employees in achieving these noteworthy results. I know I may continue to count on your whclehearted support and participation in the Suggestion Program to help us meet the ever-increasing challenges we face during Fiscal Year 1973. ; y. 8-8-72 | | oo a) "4y ao p25 Page 518
| (B) INCREASED USE OF COURT-AUTHORIZED ELECTRONIC | INTERCEPTS -- The Bureau's experience with electronic intercepts clearly establishes their efficacy. Great inroads have been made into organized crime especially in the gambling field by the use of this technique. on FS FOL tha t-the—Fi el d-should-consider expanding its. view of the areas in which this technique can be productive. You are reminded that Title 18, U. S. Code, Section 2516, authorizes this activity in Federal crimes involving, among others, murder, kidnaping, robbery, extortion, Interstate Transportation of Stolen Property, Theft From Interstate Shipment, Embezzlement of Pension and Welfare Funds, Bribery, and Extortionate Credit Transactions. It would appear that the utilization of this technique should be considered wherever you have an enumerated offense particularly those involving conspiratorial activity. Specifically, electronic surveillance of a fence shoul-i develop evidence implicating the fence and the thieves he is doing ti.siness with in violation of the Interstate Transportation of Stolen Prcperty or Theft From interstate Shipment Statutes and produce a situation in which the fence can be prosecuted together with many of the thieves that are supplying him with merchandise. You should be alert to this kind of a situation in the implementation of the Top Jewel Thief program and in the investigation of stolen securities cases. Some areas of the country have evidenc , that burglary rings are operating and electronic intercepts ona principal member of such a ring should also be considered. In all cur investigative activity we must insure that our Agents are fully aware of the extent of authority that has been granted them in fulfilling their responsibilities and that it is being fully utilized. Court-authorized electronic surveillance is one of the areas in which we must insure all of our Agents have a firm understanding and a willingness to expend the energy necessary to utilize this valuable investigative tool. . . 8-8-72 re MEMORANDUM 15-72. -4- Docid: 32989525 Page 519
(C) TRAINING - LEGAL INSTRUCTION -- 5 The following instructive Federal decisions reported in June, 1972, should be read by all Legal Instructors: Adams v. Williams, United States Supreme Court, June 12, 1972, officer had ritht to stop and frisk on report of apparently reliable informant that nearby suspect in high crime area during early morning hours was carrying narcotics and had a gun at his waist. U.S. v. Brown, 457 F2d 731i (1972)(1st Cir.), ; Officer investigating case has right to So upon privaté land évén ii absence + of probable cause. If officer finds stolen property he has right to remove j it if there is danger that it might be removed or destroyed by others while eee epee a search warrant is being obtained. U.S. v. Ware, 457 F2d 828 (1972) (7th Cir.), when officer has legitimate reason to identify a vehicle, it | is not a forbidden search to check the confidential serial number. U.S. ex rel. Moore v. Koelzer, 457 F2d 892 (1972)(3d Cir.), Federal officers are not immune from civil suits for damages for violation of constitutional rights. U.S. v. Holiday, 457 Fad 912 (1972)(3d Cir.), FBI Agents made emergency entrance to house to arrest bank robbers. Subjects not there. Agents properly seized evidence of the offense seen in plain view. U.S. v. Cecil, 457 F2d 1178 (1972)(8th Cir.); officers lawfully in dwelling to arrest known person had right to arrest unknown third narty found there holding a sawed-off shotgun. Advanced knowledge that gun C was not registered not required. U.S. v. Bell, 457 F2d 1231 (1972) (5th Cir.), when informant is victim or eyewitness to crime, officer preparing complaint or affidavit need not show proof of informant's —_ reliability. Photo display to witnesses not impermissibly suggestive Simply because suspect's photo was full length and others were bust type. _U.S. v. Wysocki, 457 F2d 1155 (1972)(5th Cir.), bank robbery suspect arrested in motei room and seated in chair asked Agent to get his clothes from closet. In closet saw box like common gun box, opened it and found fruits of the crime. Evidence admissible. Colten v. Kentucky, United States Supreme Court, June 12, 1972, officers properly enforcing the law have right to do so “free from possible interference or interruption - from bystanders, even those claiming a third party interest in the transaction." Defendant properly arrested and convicted for failure to move on when so directed by officer. Argersinger v. Hamlin, United States Supreme Court, June 12, 1972, absent a knowing and intelligent waiver, no person may be imprisoned for any offense, whether classified as petty, misdemeanor, ‘or felony, unless represented by counsel at trial. U.S. v. Smith, 340 F. Supp. 1023 (1972){D, Conn.), items lawfully seized in search of arrested - ~~ person, and placed in evidence envelope, may be later reexamined by 8~-8-72 . 7 88 MEMORANDUM 15-72 -5- : vm, NW 55041 Docld:32989525 Page 520
we C | | officers. Car which officers had probable cause to search at time of arrest therein may be searched without warrant after arrestee is taken to station. FBI affidavit for search warrant for premises failed to satisfy special requirements for nighttime search. U.S. v. Focgrile, 340 F. Supp. 1033 (1972)(D. Md.), use of pen register on telephone is not an interception within the meaning of the relevant statute. Total interception of all wiretap L. _gonversations for 12 or_13.days_did not violate the.''minimization" rule under the facts of this case. Beightol v. Kunowski, 340 F. Supp. 1134, (1972)(M.D. Pa.), a state defendant released on bail without being finger- printed or photographed and who the next day returned voluntarily to the magistrate's office for his preliminary hearing could lawfully be seized by police and fingerprinted and photographed without warrant or other process. U.S. v. Troutman, 458 F2d 217 (1972)(10th Cir.), probable cause is determined from the collective information possessed by all officers involved in the arrest rather than from only that of the officer actually making the arrest. U.S. v. Singer, 341 F. Supp. 136 (1972)(D. Del.), where FBI Agent obtained written waiver of Miranda rights and subject then confessed and voluntarily gave Agent incriminating personal documents from -her purse, the Miranda warning made the documents admissible in evidence without proof of warning on right to be free from unreasonable ‘ . search and seizure. Hoover v. Slayton, 341 F. Supp. 317 (1972)(W.D. Va.), Lo One man showup of suspect to victim within three hours of the crime held proper. U.S. v. Davis, 458 F2d 819 (1972)(D.C. Cir.), good review of factors important to establishing probable cause. U.S. v.Harper, 458 F2d 891 (1971)(7th Cir.), incriminating records of gambling enterprise - taken by employee without any prior contact with Government agents are ’ admissible in evidence. U.S. v. Sadler, 458 F2d 906 (1972)(10th Cir.), officer who lawfully stopped car for routine registration check not required to give Miranda warnings before he had learned facts indicating car stolen. U.S. v...Mitchell, 458 F2d 960 (1972)(9th Cir.), decision strongly endorses police practice of inventorying and safekeeping personal property visible in an impounded car. a te ee _L. Patrick Gray, I Acting Director 8-8-72 MEMORANDUM 15-72 = 6 HW 55041 Doeld: 32369525 Page 521
PERSONAL ATTENTION MEMORANDUM 21-72 UNITED STATES DEPARTMENT OF JUSTICH FEDERAL BUREAU OF INVESTIGATION rON, D.C. 2 5 In Reply, Please Refer to WASHINGTON, 053 File No. September 12, 1972 Memorandum to All Special Agents in Charge: ; (A) SPEECH MATTERS ~ PARTICIPATION IN PANEL DISCUSSIONS -- SAC Letter 68-66 (B), dated 11-19-68, cautioned regarding involve- ment in panel discussions and specified Field procedures in handling such invitations, which instructions are hereby reiterated and emphasized. Radio and television appearances are obviously included in * these instructions. While it is recognized that the nature of a program is ordinarily volunicércd by the inviting party, itis incumbent on you to specifically determine this data if such information is not provided to insure that Bureau representatives are not inadvertently placed in wees ee en 2 ores : ree onto C: disadvantageous positions. j ; ' . All Bureau speakers are again reminded of the need to be s . . . Ze e especially alert to avoid involvement in controversial maiters during “ed . this highly sensitive election year. 7 f 9/12/72 - MEMORANDUM 21-72 (B) SPEAKER IDENTIFICATION -- Your attention is directed to the requirement that transcriptions of tape recordings should be submiited when requesting voiceprint examinations by the FBI Laboratory. Bureau policy is clearly and concisely set forth in SAC Letter 68-32, and the : procedures are set forth in the Manual of Instructions, Section 8Q. Both ; . policy and procedure should be followed when obtaining and transmitting voice recordings to the FBI Laboratory for this type of examination. MEMORANDUM 21-72 ““INnt-S5044—Dockd+32989525—Bage 522
(C) BUREAU MAIL - FD-441 - RETURN RECEIPT CARD --|SAC Leiter 72-17 (D) dated 3-21-72, informed that new procedure to verity receipt | of your mail was being instituted at FBIHQ on trial basis, This tria procedure is being discontinued. Discontinue submitting Xerox copy of manifests after close of business 9-15-72, Any FD-44]1 bearing date Of 9-16-72, or later will be rettifned to sending officé asin past.” In 4 event FD-441 is not returned after normal period required for mail from Bureau to reach your office, you should request Bureau to check j its postal manifests to determine if item was received. Such request j should be submitted promptly as delay in making request will require an | unnecessary review of a larger number of daily manifests. | attatched hatalalabatniih tamale tbck day obese aba re ee ee Le . 7 t \ ; i | (Security pages attached) 9/12/72 . . eon MEMORANDUM 21-72 -2- ‘ ~ law S5041 Docld:s2989525 Page 525
= we a (D) REPORT WRITING - SECURITY INVESTIGATIONS OF INDIVIDUALS -- Airtel to all SACs dated November 15, 1971, captioned "Security Investi-~- gations of Individuals" (Section 87G, Manual of Instructions) | sets forth the reporting schedule for the submission of periodic reports or letter- head memoranda for the various categories of the Administrative Index (ADEX). In order to effect economy, reduce the required paper work in the field, and release Agent personnel for more effective and productive utilization of timeinthe security field, the following changes are being made in the reporting requirements in security investigations of individuals: 1. Semiannual, annual,-and biennial reports or letterhead memoranda no longer need be submitted solely for the sake of reporting. 2. An initial summary report must be submitted at the time the subject is recommended for inclusion on the ADEX and should be-as complete as possible. , _3. Current significant pertinent information and/or activities of the ‘subj ect should be reported on a clirrent basic as it occurs utilizing teletypes, nitels, cr airtels with letterhead memoranda suitable for dis- semination. . 4. In the event the complexity or prosecutive potential of case or other reasons so dictate, the SAC or Headquarters may instruct that reports be submitted. . 5. These instructions in no way alter present investigative and reporting requirements as they pertain to organizations. 6. Our responsibility to disseminate fresh, timely intelligence information to other government agencies is in no way diminished by this streamlining of reporting requirements. It is expected that with the ’ reduction of repetitive paper work, we should be in a better position in the security field to develop a higher caliber of intelligence information through the additional time that-we can now devote to the development of quality sources and informants. ae ee meee ene 8g rere ccmmeme eae — — 9/12/7 “ MEMORANDI UM 21-72  =8- me MW 35041 Docld:32959525 Page 524
ae rere revisions should be made at this time. ©) MEMORANDUM 21-720 4 (E) ADMINISTRATIVE INDEX (ADEX) - STREAMLINING | EASURES -- ADEX has now been in operation for more than 8 months, during which time a thorough evaluation of its effectiveness and procedures has been made. Based on discussions with field personnel as well as our own observations at Bureau Headquarters, it is believed that several major ADEX has represented a listing of individuals engaged in sub- versive activity who are considered a potential or actual threat to the national security. As now constituted, it is divided into four categories corresponding to varying degrees of dangerousness. The current ADEX criteria are broadly worded and allow the inclusion of individuals who, although they subscribe to subversive or revolutionary doctrines, do not necessarily represent a danger to the national security at this time. After a careful assessment of this matter, it is believed that ADEX criteria should be amended to provide for the inclusion only of individuals who pose a realistic, direct, and current danger to the national security. In other words, itis believed ADEX should list cnly persons who are regarded as dangerous now. In reviewing existing criteria, itis believed that essentially those individuals who are presently in Categories I and II would meet the test of being dangerous now, but that most, if not all; of those in Categories Ill and IV would not. It is further believed that ADEX should . hot be broken into separate categories, but should be a single, selective listing. Itis also felt that ADEX should be strictly a by-product of our investigative activity and not in and of itself generate any investigation or govern reporting procedures. Accordingly, the following revisions with respect to ADEX are being placed in effect immediately: 1, REVISED CRITERIA Only the following individuals should be included in ADEX: Individuals, whether affiliated with organized groups or not, who have shown a willingness and capability of engaging in treason, rebellion or insurrection, seditious conspiracy, sabotage, espionage, terrorism, guerrilla warfare, assassination of Government officials or e 9/12/72 an ” Nw 55041 Doecld: 32999525 Page 525 — a
—r leaders, or other such acts which would result in interfereyce with or a threat to the survival and effective operation of national, state or local government. This would include leaders of organizations whose aims in- ~~ clude the overthrow or destruction of the United States or the government——_—_ NW 55041 of any State, Territory, district, or possession thereof, or the govern- ment of any political subdivision therein, by unlawful means. Mere membership in such organizations ; is not sufficient in itself to warrant inclusion in ADEX. The term "leaders" denotes those individuals, irrespective of title, who are in a position to significantly influence the policies or direct the activities of the group. ; o# Individuals should »e considered "dangerous now" to the national security when reliable information has been received that they have engaged in activity falling within the above-described criteria during the past two years and there is no indication they tave given up or ceased — to engage in such activity. There may be some instances where retention of an individual in ADEX is justified even though no specific information is available dur= ing the prior two years. For example, such retention would be warranted in the case of individuals wha have gone into hiding, left the country, have been imprisoned, or siriilar circumstances and there is no reliable ‘information available indicating that they have renounced activities covered in the above criteria. 2. IMPLEMENTATION OF REVISIONS In order to bring about the desired revision of ADEX without creating an additional work load both for the field and Bureau Headquarters, the following procedures will be followed: » a. Arrangement of ADEX into categories is hereby abolished. Until such time as cases on each individual now included in ADEX can be reviewed, ADEX will include only the names of those individuals now listed under Categories I and I. 9/12/72 : MEMORANDUM 21-72 = = 5 = DoclTdad: 325989525 Page 526
a b. Itis recognized that many individuals currently listed in Categories I and II do not fall within the criteria as described herein. Likewise, itis possible that some individuals currently listed in Category Ill or even Category IV could fall within the new criteria. However, to avoid having to make an immediate determination of eligibility for ADEX —by reviewing each case; the arbitrary listing of Category T and Il and — arbitrary deletion of Categories III and IV is being made at the outset. c. Existing Category I cases are all in pending status at this time. Each of these cases should be reviewed at time it next comes wp for reporting or verification purposes in line with ticklers set up under the old ADEX rules. A determination should then be made as to whether or not the subject meets the new criteria. If so, submit FD-122 to this effect including succinct statement citing specific basis for inclusion. If not, recommend deletion from ADEX by FD-122. d. In connection with Category II subjects, no immediate action is required. Case should be reopened when it is next scheduled ‘for verification tinder the old rules. Determination shouid then bé made as to whether or not subject meets new criteria. Thereafter, handle as set out above regarding Category I subjects. e. Concerning Category III and IV subjects, no immediate ~~ action is necessary. (As indicated above, these individuals will have been arbitrarily removed from the new ADEX.) These cases should be reopened in accordance with the former ADEX verification schedule and reviewed to determine whether or not the subject meets the new criteria. If the individual does not meet the revised criteria, as can be expected in most instances, advise Bureau by routing slip that review has been made and subject does not meet new ADEX criteria. No further explana- tion or comments are necessary. Also make appropriate notation in field office file to the effect case has been reviewed and Bureau advised that subject does not meet ADEX criteria. No additional action is needed. If, on review, it is believed a Category III or IV subject does meet the new criteria, submit FD-122 recommeniding subject for ADEX and including a succinct statement justifying such action. f, Form FD-122 will require revision for complete suitability under the revised ADEX. However, you should continue to use the current - form until such revisions can be made. mL 9/12/72 | MEMORANDUM 21-72 8 a a 55041 Doold: 32999525 Page 527
g. Do not destroy any existing ADEX cards until instructed to do so by Bureau. Category I and II cards should now be consolidated to form revised ADEX. Category III and IV cards should be set aside in separate inactive file (for possible future incorporation in ADEX when cases are individually reviewed). Should it later be determined that cards in Categories Tit and TV should be included-in revised ADEX, such cards~--— -~ can then be moved into new ADEX. Eventually, all cards in revised ADEX will be the same color. However, until new card is actually required due to change of information, card being used now under current ADEX categories should continue to be used. Category designation should be deleted on all cards included in revised ADEX. 3. DETERMINATION OF ELIGIBILITY FOR ADEX INCLUSION ; _ © The Bureau recognizes that anyone who has embraced a philosophy that includes advocacy of the overthrow of our form of govern- ; ment is a potential enemy. However, in many instances an individual may wee: --- Delieve.in some other form of government or even in the overthrow of our ; form of government, but have no willingness or capability of engaging in .£™ . activity other than a philosophical discussion or debate. Such persons ~ subscribe to an alien philosophy, but their activities have not gone beyond an ideological stage. This would include attendance at meetings, taking-— part in theoretical discussions or other activity which stops short of advocating or engaging in action to overthrow the United States. Examples might be members of the Communist Party, ‘USA, or the Socialist Workers Party, or other old-linerevolutionary groups which basically advocate an overthrow of our present form of government, but where the subject's activity has been ideological in nature and not oriented toward action. In this connection, however, each case must be reviewed on its individual merits, since the willingness and capability of individuals to engage in action dangerous to the national security is the primary factor in making a determination for inclusion in ADEX. Under normal circumstances members of such hate sroups as the Ku Klux Klan would not meet the criteria for-inclusion in ADEX. There could be exceptions, however, and each case must be examined individually to determine if it meets the new criteria. These criteria can apply to __persons involved with extreme right as well as extreme left organizations, or to individuals who have no affiliation with organized groups but whc are anarchists and are engaged in attempts to destroy the United States. ee 9/12/72 % oe - i of MEMORANDUM 21-72 - ee ae ST eewaeer rine ae Ge See “MW 55041 Docld:32989525 Page 526
w _ MW 35041 The test is whether an individual has shown a willingness and intent coupled with a capability to engage in activity covered in the ADEX criteria and represents a current danger to the national security. 4. MISC ELLANEOUS S REQUIR. EMENTS _ “a. At the time an individual is recommended for ADEX under the revised criteria, an administrative tickler should be prepared and set to come up two years later. This tickler is independent of any assignment card maintained on the case and is solely for the purpose of insuring that all ADEX cases are reviewed at 2-year intervals to insure that they continue to meet the criteria. When an ADEX case comes up for review © on such tickler, it should be carefully reviewed and a determination made as to whether or not the subject's activities continue to fall within ADEX criteria. If so, the tickler should be reset for an additional two years. If not, institute appropriate action to delete subject from ADEX by _FD-122 and destroy tickler. b. if at any time information is réceived indicating that ADE . subject has changed his residence or employment addresses, appropriate inquiry should be conducted and the Bureau advised by FD- 122 if change of address is verified. — ec. at any time information is received that an individual . carried in the ADEX no longer meets the criteria, appropriate inquiry should be immediately instituted to resolve the matter. If itis determines ‘the subject no longer meets ADEX criteria, submit FD-122 recommending deletion. d. When subject is being recommended for ADEX, an investi- gative report should be submitted summarizing the subject's activities and setting forth his background, unless a report was previously furnished to the Bureau in the case. In the latter instance, submit a report or LHM bringing subject's activities up to date. No additional reports or LHMs are required merely for.ADEX purposes. Changes or deletions in pertinent background information or other data contained-on the ADEX card should be made by FD-122. Of course, any reporting requirements set forth elsewhere in the Manual of Instructions or otherwise requested by Bureau Headquarters should be adhered to. 9/12/72 | m8 MEMORANDUM ai 72 _ =8- Booeld: 32989525 Page 525
e. Prior requirements concerning the periodic verification of the employment and residence addresses of ADEX subjects are abolished. f. An individual's employment at a Key Facility is nota determining factor as to whéthér or not he-should be-included:in-ADEX. Persons employed in key facilities should be included in ADEX only if they otherwise meet the new criteria. Appropriate manual changes will follow. Any questions which may arise in connection with the new ADEX criteria or any matter which the field believes requires additional clarification, should promptly be brought to the attention of Bureau Headquarters, attention Research Section, Domestic Intelligence Division, using caption "ADEX."' L. Patrick Gray, II _ Acting Director s ‘ty up 'gs “MEMORANDUM 21-72...) 9 > LHW 5 _Doold: 325989525 Page 530 ‘
In Reply, Please Refer ta File No. + 8. .MEMORANDUM 22-72 © a es PERSONAL ATTENTION MEMORANDUM 22-72 UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION WASHINGTON, D.C. 20535 September 19, 1972 a Memorandum to all Special Agents in Charge: (A) TRAINING - LEGAL INSTRUCTION -- The following instructive Federal decisions reported in August, 1972, should be read by all Legal Instructors: U.S. v. Ammidown, 341 F. Supp. 1355 (1972)(D. D.C.), Miranda warnings unnecessary to admissibility of statements made by accused to officers at time when they interviewed him under mistaken belief he was a witness only. Boyd v. Hoffman, 342 F, Supp. 787 (1972) (N.D. Ohio), officers reasonably and in good faith executing search warrant valid on its face nct liabk in damages for alleged violation of Civil rights in making search. Taylor v. Minnesota, 342 F. Supp. 911 (1972)(D. Minn.), in a lawfi) search things may ve seized which relate to the offense even though not described in the warrant. U.S. v. Ivanov, 342 F. Supp. 928 (1972)(D. N.J.); U.S. v. Tortorello 342 F. Supp. 1029 . (1972)(S.D.N. ¥.), instructive decisias on defense claims to be expected in case of alleged illegal wiretapping. Ricehili v. Brewer, 459 F2d 537 (1972)(8th Cir.), where ther: was probable cause for murder charge, _, booking for vagrancy does not make the arrest illegal. U.S. v. Keeble, 459 F2d 757 (1972)(8th Cir.), officers investigating murder found body “near defendant's then unoccupied house, saw blood stains and other evidence of crime in the house by looking through window, then entered house through partly opened door and took photographs. Photographs admissible; no unreasonable search and seizure. U.S. v. Nelson, 459 F2d 884 (1972)(Gth Cir.), decision lists five different situations in which officers may make warrantless search of premises. U.S. v. Williams, 459 F2d 909. (1972)(6th Cir.), text shown for FBI affidavit stating probable cause for search warrant in Federal gambling case. U.S. v. Rodriguez, 459 F2d 983 (1972)9th Cir.), momentary detention for identification . held reasonable. U.S. v. Cox, 459 F2d 986 (1972)(5th Cir. ), defendant's statement to officers after illegal arrest admissible on showing that it was voluntarily given. Fields v. Swenson, 459 F2d 1064 (1972)(8th Cir.) investigative stop, followed by arrest for burglary and search of suspect's car, upheld. U.S. v. Wheeler, 459 F2d 1228 (1972)(D. C. Cir.), officer 9/19/72 ’ * Q : : $ ‘| .. 1 3 4 ae i 4, tt $. 4 Demeatea A gure “~~ Ob 0 Od terme rien ty Ushiees iP: nd Cantante Arte NW 55041 Docld:329895295—Page 535i
driving jailed traffic violator's car to impounding lot properly seized - brown envelope in open view therein and of type known to be used to ‘ carry narcotics. U.S. v. Moore, 459 F2d 1360 (1972)(D.C. Cir.), return of arrested Suspect to scene of crime for identification, within 15 minutes of the offense, was proper.. U.S. v. Mallory, 460 Fad 243 1972)(10th Cir.), absent other é evidence, one who is passenger only in car possessed by another and containing contraband cannot lawiully be arrested for possession of contraband or for being aider and abettor. Example of facts held sufficient to allow FBI to stop suspected bank robbery car for investigation. U.S. v. Harrison, 460 F2d 270 (1972) (2d Cir.), photo display to witnesses not improper simply because defendant's photo was front view only while others were double view - full face and profile - or pecause defendant was clean-shaven and others were-lightly whiskered. U.S. v. Leal, 460 F2d 385 (1972)(9th Cir.), on a founded suspicion of orininal conduct, officer may stop car and occupants for investigation. US. ex rel. ‘Carter v. Mancusi, 342 F. Supp. ' 1856 (1971)(S.D. N. ¥.), lineu3 is lawful where defendant is illegally ! detained but he voluntarily appears in the lineup after advice that he has right to refuse. U.S. v. Rubin, 343 F. Supp.-625 (1972)(E.D. Pa.), ie dwellirig being remodeled has same protection against unreasonable search and seizure as one beiny lived in. Decision shows limited scope of the emergency search rule. U.S. v. Miller, 460 F2d 582 (1972) (10th Cir.), example of search of mobile home under the "exigent circumstances" rule applicabie to vehicles. U.S. v. Harris, 460 F2d 1041 - (1972)(5th Cir.), an unsolicited inculpatory remark by defendant, not in custody, made to FBI Agent, may be testified to by Agent without proof of Miranda warnings. Chaney v. Wainwright, 460 Fad 1263 (1972)(5th Cir.), . where probable cause for arrest without warrant exists, the arrest is lawful despite officer$ failure to specify correct charge. U.S. v. Zamora- Yescas, 460 F2d 1273 (1972)(9th Cir.), officers may question accused without giving notice to counsel if accused first waives his right to presence of counsel. U.S. v. Springer, 460 F2d 1344 (1972)(7th Cir.), confession not involuntary simply because FBI Agent told defendant that his cooperation would be made known to United States Attorney. U.S. v. Ash, 461 F2d 92 (1972)(D.C. Cir.), when witness to crime describes Suspect in height and weight rather than facial characteristics - (robber wore ski mask), photos shown to that witness should be full length rather than facial oniy. Suspect on bond may be forced to 9/19/72 8 . MEMORANDUM 22-72 ae ; | ;NW 55041 Doold: 329859525 Fage 532
, return for lineup. Where no lineup held, and suspect is available for lineup, and Government attempts to identify suspect by showing photo- graphs to witnesses, suspect has constitutional right to presence of counsel at such showing. (Case on appeal to Supreme Court; note similarity to original Zeiler decision referred to in decision.) U.S. v. ———_— Brown; 46 -F2d-t84 {io 72)(B-e> Gir-)—where-robbery-witness had— —____ good look at robbers but did not identify them in properly held lineup, giving poor lighting conditions as reason, it was not improper to later show her a photograph of the lineup and allow her to make an identification from that photograph. Defense counsel need not be present. (See also U.S. v. King, 461 F2d 152 (1972)(D.C. Cir.). 9/19/72 MEMORANDUM 22-72 ; - “ (B) ASSIGNMENT OF SPECIAL AGENTS TO CIVIL RIGHTS INVESTI- GATIONS -- In addition to exis:ting Bureau instructions relating to the assignment of Civil Rights cases as set forth in the Manual of Instructions, Voluine II,"Section 27 G, gooc judgment must be ulilized and these cascs will not be investigated by Special Agents who have excellent, close o working relationships with the officers who are the subjects of such investigations and/or with the specific law enforcement or other agency involved. a Special Agents will continue to be responsible for conducting ré . a thorough interview and obtaining full details from the initial complainant whether he be the victim or otherwise even though they may have excellent, close working relationships with the officers or the specific law enforcement or other agency involved in the complaint. In view of the additional burden in travel time which may be involved, the deadline in these cases for a preliminary investigation is being extended to 21 ealendar days. FBI Handbook and Manual of instructions changes are forthcoming. - a 9/19/72 ok “MEMORANDUM 22-72 -3- : fe og ._MW_55041_ Docld: 32589525 Page 533 _
— LS Do 222989525 Page 534 ee (C) LAW ENFORCEMENT EDUCATION PROGRAM (LEEP) - GRANTS AND LOANS - AVAILABILITY OF FUNDS IN THE WASHINGTON, D.C., AREA -- Reference is made to SAC Letters 69-34 (B) dated June 24, 1969, and 71-36 (A) dated August 3, 1971, which set out basic policy concerning LEEP-grants and loans. ' ; It has recently been brought to the Bureau's attention that Bureau cierical employees in the Washington, D. C., area making their first application for a loan under LEEP are being advised that there are ‘no funds available for students newly entering the Program in the Washington, D. C., area. Law Enforcement Assistance Administration officials advised that there may be some funds available for new student loans beginning with the Winter quarter or semester; however, there can be no guarantee that all students applying will be granted a loan. The above information is being made available to all Field Offices for information in connection with the clerical applicant recruit- ment program for #BI Headquarters. All persons inquiring about . ‘> educational opportunities in the Washington, D. C., area under the © XO. LEEP should be advised of the current situation concerning availability of funds. 9/19/72 MEMORANDUM 22-72 (D) SECURITY OF BUREAU SPACE -- Reference SAC Letter 53-39(E), dated June 2, 1953, regarding the security of Bureau field offices and instituting the use of Form FD-215. Security Patrol Clerks will no longer be required to execute the FD-215 when they are working in field offices or locations at FBI Headquarters where a Special Agent on duty . is directly supervising these individuals. Form FD-215a will continue to be used for the combined security patrol report. s .(Seeurity pages attached) ee - ft eeeett tnt eerrenraee <n ete perme ni ee me eres ee ~ 9/19/72 : oe |, MEMORANDUM 22-72 1 -4-
MW 35041 “9/19/72 . 0" | MEMORANDUM 22-72) 0. pe B= NU Booeld: 32989525 Page 535 (E) INTERVIEWS WITH SUBJECTS OF SECURITY INVESTIGATIONS -- Current Bureau regulations require that interviews with subjects of security investigations should be conducted by two Agents. Additionally two Agents should be physically present during interview or contact with known or suspected Nation of Islam members in all cases. In white ——— extremist-investigations,—such. asthe Klan, two Agents should be present ___.__. at interview when considerations of sensitivity or security warrant or when good judgment dictates. Taking into consideration the significant diversity between the philosophies and propensity for violence of the organizations and individuals that come within the purview of our security investigative jurisdiction, the above requirements have been carefully analyzed and reviewed. In order to streamline operations, and provide greater latitude to the field, effective immediately, Special Agents in Charge are being given the responsibility and >ption of deciding when two Agents should be present during interview of <ny security subject. This applies to all types of security investigaticns, i.e., revolutionary, subversive, and extremist. Security, sensitivity and good judgment should continue to be ‘considerations in evaluating necessity for two Agents to conduct inter- views of this nature. — Manual and Handhook, changes follow.
(F) KLAN AND OTHER WHITE EXTREMIST ORGANIZATIONS AND INDIVIDUALS - DISSEMINATION - EXTREMIST MATTERS - WHITE HATE -~ In order to standardize and limit dissemination of information pertaining to white extremists, dissemination policy as set forth in Manual of Instructions, Section 122, page 5, item 9 a, should be dis- continued, ' Effective immediately, you should furnish Navy, Army, and Air Force, on a local level, only those reports or letterhead memoranda pertaining to unaffiliated white extremists or individuals connected with such Klan or other white extremist organizations where there is a specific bona fide interest in the individual by the specific military agency. Such documents should be furnished locally only in those instances where the information pertains to military personnel, individuals connected with the military, and/or organized or individual activities planned against a specific military base. Do not disseminate organizational reports unless a specific request is received from the interested military agency. ~ Changes in Manual of Instructions will be forthcoming. te . L. Patrick Gray, II Acting Director — 9/19/72 cok MEMORANDUM 22-72 —. ~6- . MW 55041 Docld: 32989525 Page 536 rN ae mm = tee ee ee - we
PERSONAL NAL ATHENTION MEMORAND UM!25-72 ’ NITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION WASHINGTON, D.C. 20535 In Reply, Please Refer to File No. ‘NW 55041 2 October 10, 1972 Memorandum to All Special Agents in Charge: (A) SPECIAL AGENT RECRUITMENT PROGRAM -- New Agents’ Classes for the remainder of Fiscal Year 1973 have been rescheduled as follows: ~ October 16, 1972 ' ‘March 26, 1973 November 20, 1972 April 9, 1973 January 15, 1973 April 23, 1973 January 29, 1973 May 7, 1973 > February 12, 1973 , May 21, 1973 - February 26, 1973 June 18, 1973 March 12, 1973 Since there will stiil be only a limited number of vacancies, you should continue tc place emphasis on law applicants, accounting — applicants, female applicants and members of minority groups, as well as other applicants who appear to have outstanding qualifications. Continue to forward necessary papers to FBI Headquarters on accounting, ‘science and language applicants so that examinations and transcripts may be reviewed. Hereafter, without prior Bureau authority, you may institute investigation on other applicants you have determined are fully qualified, who pass the examinations, and are favorably recommended. All applicants on whom investigation is to be instituted must, of course, undergo a complete physical examination at a Government facility. 3 (Security pages attached) nr ee ee aetntremmces ewe 10/10/72 | - MEMORANDUM 25-72 ae , DoclTd: 32989525 Page 337
lr (B) INFORMANTS AND SOURCES - PAYMENTS -- As you are aware - informants and sources receiving compensation from the Bureau are - reimbursed on the basis of the value of the information reported, services. performed_and_expenses incurred,An increasing tendency _ has been observed in field submissions to request special payments or justify regular payments for informants or sources seemingly based on personal needs of the informant as distinct from the value of infor- mation furnished and legitimate and related expenses incurred. The = personal needs of an informant, such as repair of a vehicle, illness or other pressing necessity for funds, do not meet the basic criteria of information furnished or related expenses. Informants should not be influenced to believe we will pay for such personal needs. The basic concept that the informant is selling information of value on a - -€20.d. basis, much as an independent contractor, and is not an *, employee must be. adhered to and understood by contacting Agents and ._, the informants. This does not, however, preclude use of imagination and in-. . .. novation when a source of considerable potential vaiue needs financial inducement to engage in gathering of information under conditions which will take time to reach fruition and may involve considerable risk and hardship. In such instances you should fully develop the facts and present them to FBIHQ for approval prior to making any commitment. This matter will continue to receive careful attention at FBIHQ and you will be held accountable to insure that payments are for value received. These instructions should be called to the attention of all Special Agents in your office handling informants and sources. ~ a 2 . sn ade 10/10/72 | + . Lag-nsos+—peckawaseveas—sage‘ssa@
(C) ADEX - SECURITY INVESTIGATIONS OF INDIVIDUALS -- ; yo The revision of ADEX initiated by Memorandum to All SACs 21-72, dated September 12, 1972, should not be construed as a reduction in this. Bureau's efforts in the national security field. While the ADEX is now to contain cnly individuals determined by investigation to be "dangerous now, '' there has been no change or relaxation in our responsibilities to identify on a continuing basis through appropriate investigations those individuals who may be dangerous or potentially dangerous to the national security. It is important also to keep in mind that to obtain vital information relating to national security matters, we must not relax our efforts to develop and maintain a strong security informant program. The continued maintenance of a strong informant program will enable us to identify these who represent a current threat.to the national security and who should be ae included in ADEX. Additionally, a good informant program makes it possible to- redirect manpower resources to other high priority matters in the internal security fieid, Insofar as policy of instituting security investigations of . individuals is concerned, there has been no change in the policy set forth C in Section 87D of the Manual of Instructions. The same is true regarding dissemination of information develcped during security investigations of — individuals, Aside from the pwovisions set forth in SAC Memorandum 21-72 (D) streamlining reportig procedures, policy on dissemination of data developed in security investigations of individuals outlined in Section 87H of the Manual of Instructions continues to apply. Agents and supervisors handling security investigations should be thoroughly familiar with these two sections of the Manuai of Instructions. For your information, a system of listing subversive and extremist individuais for future identification and reference aside from those included in ADEX is presently being formulated at the Bureau. ‘ LL, Patrick Gray, I Acting Director Pls 10/10/72 oe, na r MEMORANDUM 25-72 ~3- / NW_55041 Dy : 25 Page 539 9)
wom pow - . ot . a Eth . we wet wee lee oe Re = Lo, PERSONAL ATTENTION SAC LETTER T1-3" UNLPED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION ; ava . ' WASHINGTON, D.C. 20535 In Reply, Please Refer to File No. January 19, 1971 : (A) FUGITIVE MATTERS-~-(a) FUGITIVE FORM LETTER (FD-65), —____~and_(b) RETORTING APPREHENSION OR DISMISSAL OF PROCESS PRIOR TO APPREVENSION: NATIONAL CRIME INFORMATION — CENTER (NCIC) -- In the past the NCIC Control Rcom handled all NCIC entries and other transactions for offices without an NCIC terminal. Presently all field offices have access to NCIC through their own terminal devices, except for the Anchorage and San Juan Offices. Installation cf NCIC terminals in the Anchorage and San Juan Offices is expected in the near future. Until such time as a terminal is installed in these offices, NCIC transactions involving fugitives will be handled temporarily for them through the NCIC terminal located in the Special Investigative Division, Fugitive Section. Other transactions for these two offices will continue to be handled by the NCIC Control Room. ~ : Since offices now have the capability of handling their own NCIC transactions by direct communications with the NCIC computer through their own terminal devices, or in the case of the Anchorage and the San Juan Offices having this done for them by the Fugitive Section, it ~ - is no longer necessary to provide the NCIC Control Room with data nec- essary to "enter" fugitives in NCIC, or location/apprehension or dismissal of process information needed to "clear" or "cancel" a fugitive's NCIC record. 5 aRerem, WAS. male ; Therefore, effective immediately, all offices are to ,adhere to the following instructions. The original only of Fugitive Form ‘‘ Letter ('D-65) is to be submitted to the Bureau. Further, a copy of airtels reporting apprehensicn/location or dismissal of process prior ‘ to apprehension should no longer be submitted to NCIC. Submit only original of Deserter Fugitive Airtel (FD-220, blue) and one copy of FD-220a, (thin white) to Bureau in deserter fugitive matters. When teletypes are used for reporting this type of information, the abbreviation "NCIC" is no longer to be placed in the title. The above should be brought to the attention to all investi- gative and stenographic personnel. Appropriate manual changes are forthconiing. (Security Letter on attached page) Es 4/19/74 SAC LETTER 71-3 \ HWH55041 Docld:32989525 Page 540
(B) VISITORS TO RUSSIA - INTERNAL SECURITY - RUSSIA -- Over the past several months, information has come to the attention of the Bureau which indicates that various United States manufacturing concerns are sending technical representatives to the Soviet Union in connection —with-the-sale-ofindustrial_equipment_to_that country. Individuals in this category may be presumed to have an extensive technical background q and their assignment in the Soviet Union may range from several days | to several weeks. They present an attractive target for recruitment by Soviet intclligence services and their extended residence also presents ample opportunity for assessment and a recruitment approach. : You should insure that all investigative personnel who have responsibilities in this area are aware of these circumstances. If instances of this type come to your attention, it is desired that investi- ‘gation be undertaken and, in the absence of factors dictating to the contrary, interviews be conducted to determine if recruitment approaches ‘have been.made..-- eres Follow instructions controlling investigations in this category which are contained in Section 105G, Manual of Instructions. Advise Bureau of results of any investigations initiated. _ Very truly yours, . John Edgar Hoover Director 7 . a, ao ERE NR MRA BENE Bite Ute Al? men AAed reer an srlbdyae DI! a ame dole 2/19/01 | Pe SAC LETTER 71-3 ~a- 3 BW 53041 Doeld: 32989525 Page 541
i. "PERSONAL ATTENTION SACL eT TEL. oh 4 UNITED STATES DEPARTMENT OF JUST! FIDERAL BUREAU OF INVESTIGATION WASHINGTON, D.C. 20535 In Reply, Please Kefer to Fue No. January 26, 1971 (A) EXPUNGING ARREST DATA -- The volume of correspondence from citizens, attorneys, and court officials, concerning the expungement of arrest data from FRI icentification files hag increased gunstantially, Accordingly, ——-we se immediately disseminating a letter to all fingerprint contributors (ce -y attached). | re Bear in mind that while non-Federal arrest prints will be returned | tc the submitting agency upon requesi, the same procedure is not followed as | regards Federal arrest pr rints. The latter are property of the United States Government and are retained permanenily in our files. U. 8. Marshals Marual, 702.02, provides ‘Finger “print records may not in any case be returned to 2 defendant, whether or not he is acquitted of the charge against him." U. 8. Attorneys Manuai, 8-83, provides "United States Atiorneys are dir ected to vigorously oppose ail petitions, applications, or motions filed in any distric court seeking the return or destruc tion of such records." The Federal courts consistently haye upheid this right to retain Federal arrest prints. - = +.° .  ° Jn your’contacts-with law enforcement agencies and court officials, please- eniphasize that we will return non-Fedceral arrest prints only to the contributing agency and this results in an automatic expunction of such = information in our files. The request for the return of prints must emanate - from the contributing agency. We will not honor requesis trom other.sources,. including court orders supplied directly by iccal courts, even though charges’: have been dismissed or subject acquitted. All Special Agents in your office should be thoroughly familiar with these procedures. .. | oo MTs Speed ae RS AE ADR Tn ET 1-26-71 -. oo SAC LETTER 71-4 | - So e ;  (B) COMPANY - FUGITIVE MATTER -- This . company continues to furnish our ..’ Office, ona confidential pasts, . ; itineraries for circuses, carnivals and other such outdoor amusements. - In : addition, the company has furnishecl information obtained from its mail service, Wh ich arises from the processing of mail heid on behalt of peopie in show ; , usiness. The advertising deparimeni, _ has moved to Leads 3 wela ing to iltneraries of continue to forward mail Stops to the “Olfice e. Monnal of £ Instructions is being revised. . . . — i AO0F i : =i 42 4 2 OY OVOresgece rey BAO LETTER 1-4 HW 55041 Boold: 32989525 Page 542
(C) FEDERAL RESERVE ACT - SECTION 915, PUBLIC LAW 91-609, EXPANSION OF TITLE 18, SECTION 1014, U. S. CODE -- Public Law 91-609, approved December 31, 1970, commonly referred to as the ‘Housing : and Urban Development Act of 1970" includes Section 915, an amendment to Title 18, Section 1014, U. S. Code, which broadens the current section of the statute prohibiting the submission of false statements on loan and credit applications to include an insured state-chartered credit union, any (——"tnstitition the accounts of whict are insured-by-the-Federal Savings and-Loan Insurance Corporation, any bank the deposits of which are insured by the Federal Deposit Insurance Corporation, any member of the Federal Home Loan Bank System, the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, or the Administrator of the National Credit Union Administration. In view of the possible increase in this Bureau's investigative burden created by this legisiation, the Bureau has directed an inquiry to the Department of Justice seeking guidelines as to investigative and prosecutive ... handling of these matters. Until such time as advice is furnished by. the Department, any complaints received which fall within the areas of the amended statute ould be thoroughly discussed with the appropriate U. 8S. Attorney prior to conducting any investigation to determine whether prosecution would be pursued by the U. S. Attorney should a violation be proven. . —_ You will be advised as to the guidelines arrived at by the 4 Department. Appropriate Manual and FBI Handbook changes will be forthcoming. ; + 1-26-71 A SAC LETTER 71-4 (D) DISSEMINATION TO ARMY, NAVY, AND AIR FORCE -- In view of recent developments concerning investigations conducted by the Army, the Bureau desires, effective immediately, that close attention be given to the .type of information being disseminated to the Army, Navy, and Air Force. | In the future you should strictly limit dissemination to the military services jv to the provisions of the Delimitations Agreement and the Memorandum of | Understanding between the Departments of Justice and Defense, as well as information pertaining to threats against the three military services. For details of the provisions of the Delimitations Agreement and the Memorandum - of Understanding, you are referred to Section 102 of the Manual of Instructions. You will be expected to give close attention to this matter to insure that vill not.be disseminated to the military services. ‘nnecessary information w 1-26-71 SAC LETTER 71-4 2. —HWW550d1. Docld:329589525 Page 543 ~ ‘ aoe ees
(E) TRAINING - LEGAL INSTRUCTORS -- The following significant decisions reported in December, 1970, should be read by all Legal Instructors: U. S. v. Edmons, 432 Fad 577 (1970) (2d Cir. ), exclusionary rule outlaws evidence . obtained as dircct resuit of pretext arrest; U. S. v. Kaye, 432 F2d 647 (1270) | (D.C. Cir. ), when description of premises to be searched is narrower in : warrant than in affidavit, warrant description controls; U. 5. v. Cobb, 432 F2d 716 (1970) (4ih Cir. }, example of inadequate search warrant affidavit; any ———_—person-against whom search is directed has standing to complain; U. 8. v. Bekowies, 432 F2d 8 (1970) (Sth Cir. ), example of suspect being in custody . for Miranda purposes while being questioned by officers in his own home; _U. S&S. v. Barnes, 432 F2d 89 (1970) (Sith Cir. ), arrested suspects who refused wees ston to waive Miranda rights were confronted by officers with third suspect who then and there confessed. Original two suspects then confessed on being asked by officers if third suspect's story was true. Confessions of original two suspects not admissible; U. S. v. Fish, 432 F2d 107 (1970) (4th Cir. ), absent any unusual circumstances, questioning of suspect by officer in his own home is noncustedial and does not require Miranda warnings; Henry v. U. S., 432 F2d 114 (1870) (9th Cir. }, suspect in custody is not entitled to counsel when sainple of his hair is taken for scientific examination as possible 4... ...evidence; U. S. v. James, 432 F2d 303 (1970) (Sth Cir. ), FBI warrantless >search of jailed suspect's personal effects taken six hours earlier by sheriit . das reasonable because delay ior warrant might have frustrated government's . continuing and urgent investigation; U. S. v. Seay, 432 F2d 395 (197C) (5th Cir. ), if probable cause for local arrest was present, arrest is leval despite _ officer's plan to only hold suspect for federai charges. Police towing of suspect's locked car to storage place is not unreasonable; Shepherd v. Nelson, 432 ¥2d 1045 (1970) (2d Cir. ), FBI Agents who arrested subject in bank couid. lawfully delay complete search of subject and his brief case until arrival at FBI office to which subject was promptly taken; U. S. v. Kershner, 432 F2d 1066 (1970) (5th Cir. ), FBI frisk of murder suspect for weapon was not an ' arrest. Confession implicating confessor and second defendant may be used in evidence against confessor by deleting references to second defendant; \. U.S. v. Hamlin, 432 F2d 905 (1970) (8th Cir. ), Miranda warnings not \ necessary for interview of suspect who arrives at federal office voluntarily and uninvited, is treated as visitor only, and permitted to leave after interview; U. S. v. Jensen, 4382 F2d 861 (1970) (6th Cir. ), good example of ‘combining information from confidential informant with information learned by surveillance to make probable cause for search warrant. “4 * t 5 ! Y 7 i j i 1-26-71 . SAC LETTER 71-4 -3- Wi? 55041. Docid 22989525. Page 3544
(F) SPEECH MATTE ’S -- Iwas most pleased to note another highly productive year of public appearance accomplishments, including radio and television appearances, during 1970. Particularly gratifying is the fact that most of the personal appearances were before quality audiences in key | geographical areas. It is hoped that this favorable trend will cont{mie during the current yea and that all offices will remain alert for opportunities to | appear before cutstanding civic and service organizations, business and ~—-prc essional associations, veterans organizations and law enforcement groups. i It appears timely to reiterate the Bureau's long-standing policy c diplomatically declining requests to appear before political groups of any t .e. These declinations should be handled tactfully to preclude any e.abarrassment to or criticism of the Bureau. You are also reminded that all speaking engegements must be confirmed to the Bureau in writing and that the Bureau should promptiy be advised of all scheduled commitments so that Bureau records are up to date at all times. Itis not desired that commitments, including "Career Day'' appearances, be reported on a delayed basis at the end of the month with one communication. They should be reported as scheduled. Reteranly, & Copy, of the confirming letter should be sent to the Ho ahnarmet. ~umeone other than the ‘Special Agent in Charge, the Assistant Special Agent in Charge, or a fully approved Bureau speaker, full justification for the exception must be set forth on the Bureau's copy. These should not be - submitted on a "Unless Advised to the Contrary by the Bureau" basis and sufficient advance notice should be provided to permit the Bureau to respond . with the requested approval. Once approval is granted, no additional notice to the Bureau is needed. I wish to also reiterate that only one credit can be granted, regardless ‘of whether a speech, or segments thereof, are additionally carried on television and/or radio, whether "live or taped. In such instances, one speech credit pertaining to the initial event will be tabulated. The Bureau continues to insist upon SAC leadership in this important program with emphasis placed-on reaching high-quality groups throughout the various field office territories. Your accomplishments will be closely followed. (Security Letters on attached page) 1-26-71 SAC LETTER 71-4 ~4- E55: ie 25. Page 545 ew oe aan _ r-
(G) SECURITY INFORMANTS - INTERNAL SECURITY - COMMUNIST; } NEW LEFT -- Effective immediately, captions of communications submitted concerning security informants and sources involved in Communist Party, New Left, and related security matters should include a precise character designation; that is, the identity of the organization with which the source is most closely associated or on which the source is most capable of furnishing information. For example, ifa New Left source is primarily associated with or irnishes information on-Students-for-a-Democratic-Society-(SDS),-the-character— of any communication dealing with the administrative handling of the source would be "Security Matter - Students for a Democratic Society" or "SM - SDS." If the source primarily furnishes information on the Young Socialist Alliance (YSA), the character would be "Security Matter - Young Socialist Alliance" or "SM - YSA." concerning the Communist Party, USA (CPUSA), or related organizations should contain a character showing the organization with which the source is primarily associated or on which the source primarily furnishes information. For example, a communication concerning a Communist Party informant would bear the “~aracter “Security Matter ~ Communist" or 'SM- C.''-A Progressive Labor. xarty (PLP) informant would be "Security Matier - Progressive Labor Party" or "SM - PLP." i H i } i 4 | Captions of communications in security informant and source matters i i The above procedures will facilitate the handling of security informant matters at the Seat of Government and should be strictly adhered to. 1-26-71 SAC LETTER 71-4 (H) "THE EXTREMIST SPEAKS" -- Bureau has continuing need for material ' + for use in preparing ''The Extremist Speaks, ' widely disseminated monthly ; document, copies of which are distributed to field. Since itis basically a : brief compilation of current remarks made by extremists, left and right, | timely items from around the country that depict the extremist threat to this ‘ Nation are required. For this purpose, field is requested to furnish fully documented clippings from underground and local press--on and off campus-~ that contain verbatim extremist statements and utterances. Send such material by routing slip to Research Section, Domestic Intelligence Division, under caption ''The Extremist Speaks, ' Research Matter." _ Very truly yours, ; Enclosure for (A) 7 John Edgar Hoover 4 4-26-71 oe ' Director Sota SAC LETTER Ti- -5- . ‘MW 55041 Docld:32999525 Page 546 ‘
wun ae dsc imew pan EAR eet ae yo DearSirr > f caer ane “oe coontadenetl Lavan a atabirracntbihas OFFICE OF THE DIRECTOR UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION WASHINGTON, D.C. 20535 samvaly 22, 1971 Letter-to All Fingerprint Contributors: RE: EXPUNGING ARREST DATA There has been an increase in unnecessary correspondence being sent direct to the FBI Identification Division concerning the expungement of arrest data. Much of this correspondence has originated ‘with attorneys and court officials. In order that you can be thoroughly familiar with our expungsement procedures, we feel it desirable to reiterate them at this time. . a The FBI will return a fingerprint card showing a non- Federal arrest when the law enforcement agency which submitted it requests that this be done. In most instances this action results when charges have been dismissed or subject has been acquitted, The request for-the return of fingerprints not only must emanate from the original contributor but also must indicate sufficient identifying data such as FBI number or registry number to insure the return of the correct fingerprint card. The FBI has no provision for keeping certain fingerprints" such as might be submitted on a juvenile in a separate or confidential file, All arrest data furnished to us is available for dissemination to any - duly constituted law enforcement agency or agency of the government, either local, state or Federal. For example, if charges are dismissed or an individual is found not guilty, we can retain the arrest fingorprint card you submit and merely post final action as disposition data, This procedure, of course, Will result in the arrest data being quoted to anyone entitled to. receive it. On the other hand, you can request the return of the fingerprint card and in this way it will be completely expunged and will not appear in the individual's record. Keep these procedures in mind and, whenever appropriate, apprise your prosecuting and court officials of them. Subject or his attorney should deal directly with you as we will only honor requests for the return of fingerprint cards when such requests are made by the contributing agency. Very truly yours, a x Edgar Director
PERSONAL NO NUMBER SAC LETTER T1-A UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION WASHINCTON, 2.C. 20535 In Reply, Please Refer to File No. February 18, 1971 TECHNICAL SECURITY SCHOOL - TRAINING _ The Bureau is planning a series of schools to train Agents in electronic surveillance matters. It is desired that you submit the names of all Special Agents in your field division who (1) are seriously interested in receiving this type of training, (2) possess a technical background or considerable mechanical aptitude, (3) are mature, well adjusted, career employees, (4) have the personality and administrative ability to effectively handle sensitive technical Haison contacts, and (5) are not the recipients of recent severe administrative action. A factual, detailed statement should be provided of your assessment of each Agent in each of these areas, including specific engineering or ~~ -technical background and related practical experience. t These assessments should be submitted as attachments to your letter of transmittal with a separate page statement and recommen- dation for each name submitted. This will facilitate the screening and _ selection of candidates at the Seat of Government. You should insure that all Agents who meet requirements 3, 4 and 5, above, are aware of this program and have an opportunity to. indicate their aptitude and interest in participating. Your reply, marked to the attention of the Radio Engineering Section, FBI Laboratory, should be submitted within 30 days after the receipt of this letter. Very truly yours, i , . John Edgar Hoover Director rata Sead Ry Bow nw —35044—pooka+B0980505 —Bage-548
In Reply, Please Refer to March 9, 1971 File pe een Seen rere senate at erie oe ta - « eee ee “eae tn WSO No. the 88th Session of the FBI National Academy, which convenes August 16, FY gee oe, i rd , (B) TAX REFORM ACT OF 1969 - REVISED WITHHOLDING RATES AND . Ment agencies. ‘SAC LETTER 71-10 . PERSONAL ATTENTION SAC Lepren 71-10 UNITED STATES DEPARTMENT or OUST Ton | FEDERAL BUREAU OF INVESTIGATION ‘ | . WASHINGTON, D.C. 20535 , (A) FBI NATIONAL ACADEMY, 88TE SESSION -- By April 1, 1971, you should submit to the Bureau, Attention: Training Division, the names of candidates from your territory whom you desire to recommend to atiend 1971, and will graduate November 8, (971. A spécitic stitement must be made concerning the review of your fieid office indices on the applicanis and their law enforcement agencies in the letter listing your candidates. Alternate candidates who were investigated for the 87th Session of the National Academy and not invited to attend that session in view of lack of space will be considered the principal candidates for the 88th Session of the National Academy from the field offices covering their law enforce- ““~ . All candidates nominated for the 88th Session must have been interviewed by the.current Special Agent in Charge. If such has not been done, appropriate interview form should be submitted along with your recommendations. Itis expected thst only outstanding candidates who have a potential in the training or adminisirative fielas will be nominated. Those offices covering more than one siate should; where feasible, nominate a candidate from each of those states. 3-9-71 SAC LETTER 171-10 ° TABLES FOR 1871 - FEDERAL TAX -- The Tax Reform Act of 1959 provides for periodic adjustments in Federal tax withholding by use of revised rates and tables. it has been determined that the income tax withholding for wages paid during 1971 will not satisfy the final tax liability for many wage earners, Accordingly employees should review their with- holding tax and estimate their final tax liability for 1971 to ascertain whether it will be necessary for them to have additional Federal tax withheld from their salaries. Tax must be withheld in accordance with the rates provided; however extra tax may be withheld if authorizcd by the employee. This may be done by submitting a new "Employee's Withholding Exemption Certificate" (Form W-4) to the Bureau indicating the amount of extra Federal iax to be withheld. The new Form W-4 must be filled out completely for all items since it will supersede any Form W-4 presently on file with the Burcau. All employees in your office should be advised of the above. ‘ aqe 549
| | : | | (C) ELECTRONIC INTERCEPTION -- SAC LETTER 70-45 (B), dated August 25, 1970, sets out the full text of that portion of Public Law 91-358, enacted July 29, 1870, which amends Title I of the Omnibus Crime Control and Safe Streets Act of 1968. These amendments became effective February 1, 1971, and provide that (1) it is not unlawful for the communications carrier to cooperate with law enforcement officers ___authorized_to-initerceptwireororal_communications; (2) upon request of the applicant, the court authorizing the interception may order the carrier to furnish necessary assistance; and (3) the carrier will not be liable for acts performed in accordance with the order. To carry out the purposes of these. amendments, the Depart- ment has instructed that the following language be used in applications and orders for Title UI intercepts: . Application It is further requested that this court issue an order .'. .pursuant to the power conferred on it by Section 2518(4)(e) of Title 18, United States Code, directing that the (name of telephone company), 2 communication common carrier as defined in Section 2510{10) of Title 18, United States Code, shall furnish the applicant forthwith all information, facilities -— and technical assistance necessary to accomplish the inter- ception unobtrusively and with a minimum of interference with the services that such carrier is according the person whose communications are to be intercepted, the furnishing of such facilities or technical assistance by the (name of telephone company) to be compensated for by the applicant at the prevailing rates. (Insert as new last paragraph) Order It is further ordered, upon request of applicant, that the (name of telephone company), a communication common carrier as defined in Section 2510(10) of Title 18, United 3-9-7] . SAC LETTER 71-10 ~2- ' BMW 55041 Doold: 32989525 Page 550
« to HW S504L. Docid;,322889525 Page 351 Se ' States Code, shall furnish the applicant forthwith alljinforma- tion, facilities and technical assistance necessary to accomplish the interception unobtrusively and with a Minimum of interference with the services that such carrier is according the person whose communications are to. be intercepted, the furnishing of such facilities or technical assistance by the (name o of telephone company to be compensated for by the applicant at the prevailing rates. (Insert immediately above first proviso clause at end of order) The Department advised that as a result of this change in the law, the Bell System operating companies have revised their guidelines relating to court-ordered interceptions and will honor a request for assistance upon presentation of a court order. The company will not retain a copy, but will make appropriate notations which will be maintained under strict security. The company will provide the nécessary assistance which will usually take the form of furnishing a private leased line and, if requested, cable and pair and multiple appearance information. Additionally, where particular circumstances necessitate, the company, ona selective basis, may provide central office connection when leased lines are not adequate. Where required’ — they will furnish amplifiers, booster equipment, and any required _technical assistance. However, the guidelines do not contemplate the presence or participation of telephone company personnel in the actual installation of the equipment. The Department stated that liaison is to be through the telephone company's security organization and any difficulties encountered either in obtaining assistance or which affect security should be immediately brought to the attention of the Assistant Attorney General, Criminal Division, for resolution. You are instructed to immediately advise the Bureau of any such matters so that the Department may be contacted. These instructions relate to the Bell System and all independent telephone companies, Advise all interested personnel. -3-9-71 SAC LETTER 71-10 | -38-
; (p) HOUSERCLD GOODS - COMMUTATION OF EXPENSES FOR : TRANSPORTATION OF HCUSEHOLD GCODS AND PERSONAL i EFFECTS -- The General Services Administration has prescribed | changes in the commuted rates for transportation and storage of . household goods and personal effects and a copy of the changes is enclosed. The new rates are effective for transportation begun on and after March 1, T97T. ; | - All employees in your office who have occasion to submit vouchers for the transportation and storage of household gocds and personal effects should review the new rates to insure that vouchers are submitted correctly. (Security.Letters on attached pages). 3-9-1 . SAC LETTER 71-10... =4-.. —
(E}). SECURITY INFORMANTS - JUDICIAL MATTERS -- Recently, | security informants have, during the course of developing information concerning New Left croups and individuals, been in cuninct with individuals involved in New Left activities who may be subjects of _______ criminal proceedings or their attorneys. Numerous New Left activists have recently been invoived in criminal activities which aré violations of either local or Federal laws. rhoine Section 107 of the Manual of Instructions, page eight, notes that when an informant is requested by the Communist Party or other interested parties to assist in preparation of defense in subversive-type cases or handle assignments where such information is readily available, informant should tactfully decline. H he cannot avoid becoming involved, hie-is to be instructed not to report any information pertaining to defense plans or simatcgy. ‘SSe, “ se ae on, rue Department has concluded informants may be utilized in  -Hurhishing ihformetion conrerning the location of fugitives or location ‘of other individuals who may be involved in New Leit activities even “though sach utilization may result in an informant being placed ina “position where he may inadveriently learn of defense plans or strategy. - However, should the occasion arise when the informant is presentin -— _ conversation between an attorney and individual under criminal indictment, * he should immediately leave. If he is unable to do so, he is not to report . ‘thessubstance of any such conversation to the FBI. Additionally, the *. informant is not to engage in or report the subsiance of a conversation + Withea‘eriminal defendant dealing with the offense for which the defendant “ Gs ‘under indictment. reste me by V0 Zip saesetaeen eh Such instructions, of course, are to apply to all security * Informants:and you should insure that all are‘aware of these instructions. Fee wee ee cee arene ae ere . Security informants have been and will be utilized in Government °* proceedings against New Left individuals who are the subjects of criminal indictments. Generally, at the time these informants become witnesses < fer the Government they are no longer being utilized by the FBI and paymenis by us will no longer be forthcoming to the informant. To avoid possible atiacks on the credibility of security informants who are being ‘utilized as witnesses in Government proceedings, you should make no + promises to these informants concerning payment of funds by Department as‘ie-relocation or subsistence. Such arranrements are, to be made between these-informants and local United States Attorneys or the Department. 7 3.9574 ‘SAC LETTER 71-10 -~5- —HW55041Docld 22889525 Page 553 = hep
() SECURITY CONFIDENTIAL SOURCES -- Existing procedure ° requires that a Spe ecial Agent handling a remularly used security confidential source, who is not being paid on Bureau authority or who is not an employee of a foreign dip! omatic establishment or international organization, roust dictate a memorandum to the ———Special- -Agent in Charge-forthe-source's file containing the same | | i certification as to stability and reliability as required in payment letters. In order to save Agent and stenographic time necessary in dictation and prepvaration of such memoranda, this procedure is being changed. Hifective immediately, stability and reliability of security contidential sources in categories previously requiring a memorandum can be certified by executing the stability and reliability statement appearing near the bottom of FD-209, which is regularly used to record contacts with security informants and sources. Certification should be recorded at intervais not longer than six months. -Manual changes follow. can .. . ame Very truly yours, John Edgar Hoover Se _ Director Enclosure for (D) 3-9-71 . SAC LETTER 71-10 | - eG ~ wW55041_Docld:32989525 Page 554" 7
PERSONAL ATTENTION SAC LETTER T1-ii UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION WASHINGTON, D.C. 20535 Ta Reply, Please Refer w March 16 1971 . ’ ca a File No. j (A) ELECTRONIC INTERCEPTION -~ SAC Letter 70-66 (A) of q November 24, 1970, captioned "Title 1 - Omnibus Crime Control and Safe Streets Act, ‘' enclosed copies of the Department's memorandum captioned "Duties and Responsibilities of Attorneys i and Agency Personnel Involved in the Conductof Title DF Court -—— ———____ : Authorized Interceptions. 't Section D.2 of the memorandum instructs that all monitoring and recording must cease when a conversation concerning a pending criminal case between a defendant and his attorney is intercepted. However, the procedures by which monitor- ing could be resumed were not set forth. The Department has advised that upon termination of monitoring an attorney-client conversation the supervisory attorney be immediately advised and the conversation not again be monitored without his specific instructions. ' Reguiar muniiusring may again take place when-the oo privileged communication has ended. To make this determination, ' ‘ the Department has furnished the following instructions: ‘In the event that the interception device being utilized — does not have the capability of determining when a particular conversation has terminated and that a different conversation is -about to commence, monitoring may be reinstituted al intervals of five minutes and shall be continued only as long as is necessary to determine that such conversation has or has not terminated. Once it has been determined that such conversation has been terminated, then regular monitoring may be resumed. " 7 Advise all appropriate investigative personnel. Ree OL, Mee Meehan aoe Ye oe 3-16-71 SAC LETTER 71-11 + bitte po ONE ee 1 thet a i - EWS s08r —boeitirs?$$9525—Bage 555 a ares
i x j i H . ~ | ve z i PS ; ‘ Saas aoe | —__________-not so_laint a line-up as_to violate due process. Mitchell v. U.S., (B) TRAINING - LEGAL INSTRUCTION -- The following significant decisions were reported in February, 1971, and should be read by all Legal Instructors: U.S. v. Antonelli, 484 F2d 335 (1970)(2d Cir. ), Miranda warnings not required by private citizens or security personnel employed thereby who take suspect into custody. Sutton v. U.S., 484 Fad 462 (1970)(D.C. Cir. ), a contrast in shirt colors does 434 F2d 483 (1970}(D.C. Cir. ), waiver of right to remain silent, following Miranda warnings, may be implied. U.8. v. Gonzalez, 319 F. Supp. 563 (14970)(D. Comn.), during arrest of suspect in his car at night, ina hich crime area, it was reasonable for officers to restrain and frisk the unknown passenter attempting to leave the car. U.S. v. Harrison, 319 F Supp. 888 (1870){(D.C., N.J.}, officers lawfully present in defendant's apartment to make arrest, and who saw what appeared to be a pipe bomb, acted properly in immediately calling for Army Bomb Disposal Unit. To require officers to first obtain search warrant in such dangerous circumstances would be unreasonable. U.S. v. Williams, 434 Fad G8i (1970)(Sih Cir. ), it was not unreasonable for _FBI Agent to cnen decor of suspect's vehicle in police custody and obtain vehicle identification number. U.S. v. Echoen, 434 v2d 931 (1970)(5th Cir. }, suspect's consent to search his car, given atter officer told him that - search warrant could be obtained, was voluntary. Butler v. Robbins, 434 F2d 1009 (1970)(ist Cir. ), court endorses as "commencapie" a described method of identifying a suspect by display of photographs. Ludwig v. Wainwricht, 434 Fad 1104 (1970)(5th Cir. ), officer properly executing search warrant may seize stolen property not mentioned in ’ warrant; affidavit need not allege reliability of informant where reliability obvious from facts shown. U.S. v. Queen, 435 F2d 66 (1970) (D.C. Cir. ), suspect's right to counsel ai line-up satisitied by presence of substitute counsel from legal aide agency.: U.S. v. Harris, 435 F2d 74 (1970){D.C. Cir. ), a good review of rules on entry to arrest in exigent circumstances and incidental search of premises. U.S. v. Schipani, 435 Fad 26 (1970}{2d Cir. ), evidence from wireiap ruled illegal at trial may be used by judge in determining sentence. . 3/16/71 SAC LETTER Ti-1ll ss = = ' . [NW S504) Dootd:32989525 Page 5536
(C) CRIME AROARD AIRCRAFT - SAFETY OF PASSENGERS AND CREW -- Inclesed as an attachment is a copy of Air Security Bulletin 71-1, Federal Aviation Administration (FAA), U. S. Department of Transportation, which contains pertinent data complementary to instructions set forth in SAC Letter 71-9 (A), dated March 2, 1971, captioned as above. Your attention is syecifically directed to items 4e, 6b, 7e, and Ti in the attachment. The FAA regulations as set "___ forth in the attachment do not contain information which in anyway contridicts our previous instructions. Insure that your personnel become sufficiently conversant with the data therein in view of our primary jurisdiction in crimes aboard aircraft. | 3/16/71 SAC LETTER 71-11 ‘7 (D) VOUCHER MATTER - REAL ESTATE TRANSACTION EXPENSES - SALES AND/OR PURCHASE CONTRACTS - SETTLEMENT DATHS -- ft has been noted there is a growing tendency for transferred employees to delay the start of negotiations for the sale and/or purchase of a residence. As a result several employees have lost their eligibility to claim reimbursement for certain real estate transaction expenses. Itis therefore desired to reiterate existing regulations concerning this matter. Initial contract for the purchase and/or sale of a residence must be made, without exception, within one year from the effective date ofan employee's transfer in order for that employee to claim eligibility “— for reimbursement for real estate transaction expenses. Normally final setilement on the real estate must also be made within this one-year - period. In certain limited cases an extension of time not in excess of one additional year may be granted. However, before such extension can be granted it must be clearly shown that the initial contract was entered into within 2 reasonable time after the transfer was effected and the final settlement could not be made within the one-year period for reasons 7 ' ‘beyond the employee's control. The General Accounting Office has advised that financial inability of an employee to purchase a home is not an acceptable reason to extend the final settlement beyond the initial one-year period. This matter Should be brought to the attention of all employees in your office who are subject to transfer. (Security Letter’ on attached page) 3-16-71 SAC LETTER Ti-11 -3- ‘NW 55041 Doold: 32999525 Page 557
a Sede keke ie ene ‘| ny ae Fi ad. wld, rs 3 i Ww 55041 Doold:32989525 Page 558 —_______that is, where | snown, the identity of the organization with which the (&) XMSTIGATIONS OF WHITE HATE-TYPE ORGANIZATIONS -- For your information and future handling, investigations involving captioned matters arc now supervised by the internel Security Section of the Domestic Intelligence Division. In order to more efficiently handle and administrate work in this field, etlective : immediately captions of all communications submitted cancerning white hate-tyne matters including informants should include a precise character designation, subject is most closely associated should be in dicated. Where organizational aiililation is not specifically delineated, the general term ‘White Hate Group" should be utilized. Instructions set forth in Manual of instructions, Section 122, page 26, continue to apply regarding organizations and individuals. For example, if subject is primarily affiliated with Klan or Klan-type groups, the character ublized should be "Racial Matters - Klan" or "RM - Klan." If subjectis primarily involved with National Socialist White People's Party, character should be "Racial Matters - National Socialist Whiie Peopie's Party" or "RM - NSWPP." If --- ... Subject's primary organizational affiliation has not been specifically determined, then the character "Racial Matters - White Bate Group" or "RM -. WHG" should be utilized. These changes relate specifically to the handling of white __ hate and related extremist groups. No change is being meade in the handling of black extremist groups. .The above procedures will facilitate ihe handling of these matters ai the Seat of Government and ‘should be strictly adhered to. Very truly yours, John Edgar Hoover Director Enclosure for (C) 3/16/71 © SAC LETTER 71-11 -4-
| -'" DEPARTMENT OF TRANSPORTATION , 7 7 «7 FEDERAL AVIATION ADMINISTRATION : , . . WASHINGTON, D.C. 20590 OFFICE OF ATR TRANSPORTATION SECURITY AIR SECURITY BULLETIN 71-1 : | SUBSE GES --Procedures—for_the Safe Carriage of Weapons __ Aboard Aircraft y TO: All Air Carriers, Commercial Operators, and Law Enforcement Agencies none 1. PURPOSE. To further enhance safety and support the President's anti- hijacking program through appropriate standardized procedures for the carriage of weapons aboard aircraft. 2. BACKGROUND. Sky marshals and certain other authorized persons may carry weapons aboard aircraft in connection with their basic law enforcement responsibilities or when competent authority has determined the nature of a specific mission requires a person to be armed, Although the valid carriage of weapons serves the public ‘interest when properly performed, the Federal Aviation Administration (FAA) has found a lack of proper notification procedures which could: lead: to a serious compromise of safety, including the possibility of inadvertent confrontation between legally armed personnel. 3. OBJECTIVE, To insure that only authorized and properly identified ~~ personnel are permitted to carry weapons aboard aircraft, and that operators are advised sufficiently in advance to properly notify crewmembers and other armed personnel who may be on board the flight. 4, FOR THE PURPOSE OF THIS BULLETIN: a. Operator - Means an air carrier or commercial operator carrying passengers in air commerce. b. Law Enforcement Authority - Means the appropriate law enforcement authority or agency having jurisdiction over a person who is authorized to carry weapons aboard an aircraft. : c. Officer ~ Means a law enforcement officer or agent, military ' law enforcement officer, or a security officer of the Federal Government or the operator who is authorized by appropriate authority to carry weapons aboard aircraft. ele mate ome ‘ ‘HW 55041. Doold:32999525 Page 559 . . . an anette = Pa > i” os pment one
mene et ma ae ne bh 9 eS oy . 4 > eet Me ener Ne eee __NW 55041 Doeld: 32969525 Page 560 for the carriage of weapons aboard aircraft to those situations which procedures for the cartiage of weapons-.aboard aircraft and the law enforcement authority(s) should establish appropriate procedures Sky Marshal - Means an armed deputized U. S. Marshall who is especially trained to insure in-flight security in the case of a hijacking situation. e. Responsible Representative of the Operator - Means the operator's station manager or a designated member of the station manager's staff; the duty supervisor in charge of passenger services; the duty supervisor—in-charge-of—the—passenger—ticket—counter}—o- a person specifically designated by the operator to handle the carriage of weapons aboard aircraft at the particular station involved, f. Carriage of Weapons Aboard Aircraft ~ Means carrying a firearm on or about the person of a passenger on board an aircraft including his carry-on baggage. GENERAL. Law enforcement authorities should strictly limit requests require an officer to be armed in-flight to insure the safe comple- tion of his mission. The operator should inform each law enforcement authority, who regularly uses the operator's service, of its enforcement authority should insure this vital information reaches the appropriate officers and other affected personnel under its jurisdiction, — NOTIFICATION AND CHECK-IN PROCEDURES. Operator(s) and law to insure the following: a. Officers whose mission requires them to carry weapons aboard a particular flight should so notify a responsible representative of the operator as far in advance as practical, but in no case less than one hour prior to scheduled departure. The notifica- tion may be made in person or by telephone. b. Except in the case of the Federal Bureau of Investigation (FBI) and the United States Secret Service (USSS), the law enforcement authority should provide the officer with official orders, travel orders or other-appropriate documents which state the general nature of the mission (escort, surveillance, travel, etc.) and the need for the officer to be armed on the particular flight. Nue to the nature of their investigative and protective respon- sibilities, the need for FBI and USSS agents to carry weapons should be assumed.
SS TT d. Ce. —WW 55041. Doold: 32989525 Page 561 . . . | 1 andlend . a owhser eg: the aircraft. Officers should identify themselves to a responsible represent- ative of the operator in accordance with the operator's procedures. His identification credentials should include: a clear, full-face picture, his signature and the signature of a responsible official of the law enforcement authority. A badge, shield or similar device should not be used as the sole ~ means of identification, When-not required on the particular flight; 1.67; the-outgoing-————-_-___— or ceturn portion of a prisoner escort mission, weapons should be carried unloaded in the officer's checked baggage. The responsible representative of the operator should determine oo whether or not the officer is familiar with the operator's procedures for the carriage of weapons aboard aircraft, and brief him accordingly. 7. j$XNTERNAL NOTIFICATION PROCEDURES, Once the officer has been satis- factorily identified and the validity of the mission confizmed to a responsible representative of the operator: He..should be assigned a specific seat in the aircraft whenever possible so that his seat location is kriuwn to the crewmembers and other armed officers who are on board, His name, law enforcement authority, the general nature of his thission (escort, surveillance, travel, etc.), his seat location, ._ and the name and seat Location of the person he is escorting, if appropriate, should be forwarded immediately to the operator's local station operations office to be included in the pilot in command's preflight briefing material. The pilot in command should brief (or cause to be briefed) the other appropriate crewmembers (including at least the senior flight attendant) and sky marshals if assigned to the flight. The responsible representative of the operator should obtain from the operations duty supervisor and provide the officer with the number and seat location of the other armed personnel (including sky marshals) who will be aboard the flight. In the case of a valid emergency situation resulting in notification and check-in after the preflight briefing stated in 7b above, the responsible representative of the operator should personally deliver that information to the pilot in command and, if appropriate, escort the officer aboard the aircraft. This also applies to an officer boarding at an enroute station where the pilot in command remains aboard
f, In the case of a through flight with a crew change enroute, a responsible representative of the operator should personally determine whether or not armed officers or marshals are through passengers and insure the new pilot in command is so advised during the preflight briefing stated in 7b above. { ! . |_____8,_WEAPOS NS_CARRTED_IN_ CHECKED BAGGAGE OR_CONTAINER, The operator's _ procedures should insure that a responsible representative of the operator determines the weapon is unloaded and the baggage or container is carried in a cargo area or compartment not readily accessible to passengers, . IN 9. MISCELLANEOUS. a. Chemical weapons such as mace, tear gas, vomit gas, etc., are not permitted on board passenger aircraft. b. The officer should carefully avoid inadvertent display of weapons or associated equipment. c. The-operator's troining programs and standardized procedures should stress the need of employee respect for the officer anonymity on the ground and in flight. 'd. It should normally not be necessary for the officer to further identify himself or his mission to that operator once he has complied with the conditions stated in section 7 above. CARL aa Ll tai Director of Air Transportation Security WRNCM-1, FAT-5, HQ-10 (1 copy) Regions and Centers Investigations and Security Divisions, Flight Standards Divisions, Public Affairs Officers and Regional Counsels (1 copy each) soLs cae anne mentees +. idan = sevens MW 55041 Docld:32989525 Page 562
PERSONAL ATTENTION ; SAC LETTER i — CNATED STATES “DE PARPMENT OF JUSTICE FEDERAL BUREAU OF ENVESTICATION WASHINGTON, D.C. 20535 In Reply, Please Refer ta . April 27, 1971 “ile No. ~ (A) BANK NIGHT DEPOSITORY TRAP DEVICES ~- REFERENCE FILE -- Looting of night depositories of banks through use of "trapping" devices is increasing. A device suspended in the denository chute "traps" deposits which are retrieved by the thief when he removes his trap. Often the “ty ap falls into the night deposit vault where it is recovered. Recovered devices have been forwarded to the Laboratory for examination where photographs of several hundred are maintained. / en tetera Me The Laboratory has determined that usually a thief will re- peatedly utilize the same design and type of materials in constructing his devices. Accordingly, it is possible to connect such larcenies in different cities and states through a comparison of the recovered devices. A reference file of such devices is being prepared by the Laboratory which will enable a rapid check of recovered devices and disclose locations and dates where similar devices have been utilized. ““Tdeiitities of suspects previousiy utilizing Simila: deyicéS will be nade’ known to the fieid and the Identification-Division where their fingerprints may be compared with any latent prints developed on recovered devices. Instruct investigative personnel assigned such cases to submit all recovered devices to the Laboratory. In cases involving suspected thefts from depositories in which a device is not recovered, furnish available information to the Laboratory for checking with the reference file to determine if any devices have been recovered in neighboring Divisions within a pertinent time span. 4-27-71 SAC LETTER 71-17 Sw 55041 Doeld: 32969525 Page 563
OR eee Ee (B) TRAINING - LEGAL INSTRUCTION The following significant decisions reported in March, 1971, should be read by all Legal Instructors: U.S. v. De Lutro, 435 F2d 255 (1970)(2d Cir.), Fourth Amendment not violated when officers, with victim's consent, secretly recorded conversation between victim and defendant. U.S. v. Crisn, 435 F2d 354 (1970)(7th Cir.), once an accused has refused to waive his -AMiranda rights, the cfficermust not-attemptto persuade him————- otherwise. hiiranda waiver may be made orally despite refusal to sign a waiver form. Dormanv. U.S., 435 F2d 385 (1970)(D.C. Cir.), decision shows exigent circumsiances in which officers may enter dwelling at night to arrest without warrant, and seize evidence in plain view. U.S. v. Wilson, 435 F2d 403 (1970)(D.C. Cir.), immediate identification confrontation of arrested accused by victim upheld. Young v. U.S., 435 F2d 405 (1970)(D.C. Cir.), on reasonable grounds an oificer may temporarily detain a vehicle and its passengers for brief interrogation even when probable cause for arrest is absent. Gun in plain view may be taken for protection of officer. Example of unduly suggestive lineup. - U.S. v. Akin, 435 F2d 1011 (1970)(5th Cir.), interview of suspect by FBI Agents in Eurezu car held mot custodial for Miranda purposes. Musgrove v. Byman, 435 F2d 1235 (1971)($th Cir.), report of previously untested informant, plus independent verification by officers, supplies probable cause, Officer may seize contraband in plain view from place where he is lawfully present. U.S. v. Briddle, 436 F2d 4 (1970)(8th Cir.), officers making lawful arrest in apartment may conduct cursory search of apartment for other persons as a Security measure. Contraband in plain view during Search may be seized. U.S. v. Jackson, 436 F2d 39 (1970)(9th Cir.), — court upheld confession given to oificers on second interview four days after accused had refused to waive Miranda rights, U.S. v. Hilliker, 436 F2d 101 (1970)(9th Cir.), Miranda waiver need not be in writing | or explicit orally; it may be implied trom circumstances. U.S. v. Gaines, ; 436 F2d 150 (1970)(D.C. Cir.), when accurate identification of accused i may be in doubt, formal identification procedure (lineup) should be arranged promptly. U.S. v. Ganter, 436 F2d 364 (1970)(7th Cir.), . Miranda does not require express waiver of counsel. Kirby v. Cox, 435 Fed 684 (1970)(4th Cir.), search of vehicle incidental to arrest therein may be temporarily delayed while officer awaits reinforcements to take the prisoner. U.S. v. Case, 435 F2d 766(1970)(7th Cir.), a locked hallway in a building complex is not a public place. Police surveillance there without warrant violates Fourth Amendment. U.S. v. Lipscomb, | 4/27/71 | . | ; SAC LETTER 71-17 | -2- rob 5 . HW. 35041 Docld: 32989525 Page 564. | seve se ee ee rete eek eee
435 F2d 795 (1970)(5th Cir.), key found on subject during search of person at jail after arrest may be tried on suspect vehicle found in parking lot of motel where arrest made. U.S. v. Drew, 436 F2d 529 (1970)(5th Cir.), in absence of statement detailing manner in which informant obtained his j information, his tip remains viable if it describes criminal activity of the accused in sufficient detail that officer may know that informant is relying on more than casual rumor or the general reputation of the accused. _ ts. v._ Beale, 436_F2d_573 (1971)(5th Cir. )\(mow_on_appeal),.entry.of = dwelling by ar resting officers using ruse or deception violates statute requiring notice of authority and purpose, even when entry is without force. U.S. v. Brown, 4386 F2d 702 (1970)(9th Cir.), any well founded suspicion of criminal conduct will justify brief detention of suspect or limited inquiry in routine investigation even when probable cause for arrest is absent, See also U.S. v. Harflinger, 436 F2d 928 (1970)(8th Cir.). U.S. v. Sacco, 436 F2d 780 (1970)(2d Cir.), a thief's "possessory interest" in stolen goods seized from the premises of another does not give the thief standing to complain of the search and seizure. U.S. v. Harflinger, 486 F2d 928 (1970)(8th Cir.), officer's lawful discovery of gun under seat of car of arrest entitled him to search trunk for more weapons. Stampsv. U.S., 436 F2d 1059 (1971)(9th Cir.), officers who have lawfully announced authority and purpose may conclude that entry has been aenied, and thus break doors to enter, on hearing commotion within and footsteps running away. - U.S. v. Williams, 436 F2d 1166 (1970)(9th Cir.), defendant has no con- stitutional right to an in-court lineup, and no right to counsel at post- arrest display of photos to witnesses, but Government should not attempt .. to influence witness testimony by photo display shortly before trial. ‘U.S. v. Boyd, 436 F2d 1203 (1971)(5th Cir.), items found in routine police station inventory search of car belonging to person arrested therein are admissible in evidence. U.S. v. Hoffa, 437 F2d 11 (1971) (6th Cir.), concealing tape recorder in informant's car with his consent to record preindictment conversation with defendant is awful. - U.S. v. Garcia Mendez, 487 F2d 85 (1971)(5th Cir.), where officers making arrest in house knew that defendant was in bed and had revolver within reach, the officers were entitled to break in. without announcing ‘ authority and purpose. U.S. v. York, 321 F. Supp. 539 (1970), decision shows the factors to consider in determining whether photographic identi- fication is proper. U.S. v. Sullivan, 321 F. Supp. 597 (1971), apartment tenant's consent to Search of apartment, given by executing written form, was voluntary despite fact that it was given to four officers in hallway 4 4/27/71: SAC LETTER 71-17 -3- inw 55041 Doold: 32989525 Page 565 -:
4 i 1 H Parveen RON fee mee sae eg i - : (NW 55042 Docld: 325389525 Page 566 who were lookin, for armed robber and had guns drawn. U.te v6 %, 321 F. Supp. G14 (49 70), when suspect already is identified Tby i. ro rane and description, prearrest display of photographs to witnesse> Lo grefie Use in photographic display of photograph of subject much | od ibis: a photographs of other persons shown is improper. 4-27-71 —SAC LETTER 71-17 (C) FBIRA MATTER - INTEROFFICE FIREARMS COMPETITK 1971 -- The Annual Interoffice Firearms Competition for 1971 wii. - “Herd during the third outdoor firearms training. The "J. Edgar * ad Practical Pistol -Gourse Trophy" will be presented to the office h,: the highest average percéntage score, plus handicap, of all Speci} j assigned to the office on July 1, 1971, not on limited duty. ' Field Offices will be divided into groups according to A« complement (Washington Headquarters being considered an office for competition). The winning offices in each category will be cited for “honorable mention. '' The offices winning first, second and third place in the over-all competition will not be eligible to receive the “honorable mention" citations. . Competition rules, method of reporting scores and individual handicaps are being forwarded Separately. ' 4/27/71 SAC LETTER 70-17 -4-
we we wert a ae mk ‘ facilities ‘When utilizing telephone facilities to make long-dis tance-calls,— “N ? i i , i 5 HW 35041 Doocld: 329599525 Page 567 Bere ew (D) COMMUNICATIONS SECURITY -- The Secure Teletype System (STS) is utilized by all field offices and the Bureau for the transmission of automatically coded teletype messages and security of transmitted mes- sages is assured. The only other completely secure transmission systems are through use of the AFSAM 7 code machine, or interoffice cipher pads, to encode messages. The telephone is the least secure of all-Bureau communications or telephone calls outside of secure Bureau space, extreme care must be exercised and material of a highly ¢ confidential, sensitive nature should not be discussed, These instructions should be brought to the attention of all personnel with specific emphasis on the necessity of exercising caution as to subject maiter discussed telephonically. 4-27-71 | SAC LETTER 71-17 -5-
‘HW 55041 "seized in-searchés-by-boti Bureat-and-outside-agencies;-documents-obtained. (k) REPORT WRITING - UNDESIRABLE TRENDS REGARDING INCLU- SION OF NONESSENTIAL REPRODUCED MATERIAL -- It has been noted that there is an ever-increasing tendency on the part of the Field to include en bioc in reports large amounts of mechanically reproduced material not essential to the report. Examples of this practice are _ telephone toll records which have not been analyzed for patterns or trends and from which no leads have been set forth; documents and paraphernalia by subpoena; Xeroxed copies of Title Ill affidavits, compiaints, warrants, indictments and verbatim transcripts; credit card invoices, bills of lading and shipping documents; material, such as business and identification cards, found on the person of an arrested subject. In many instances the problem of en bloc inclusion of this material in a report is compounded by the fact that much of it is of marginal legibility. The Manual of Rules and Regulations, Part H, Section 4B. 8, Page 3, states, ‘All copies of communications must be legible." “= “Preonbloc inclusion of this type material has in many instances required numerous pages of an investigative report, and while in many instances this material is necessary to an investigation, it usually adds only limited information to a report and its excessive bulk only serves to confuse and obliterate the essential investigative findings -—— which are contained in the report. The massive nature of much of this material also involves a high cost factor due to expenses incurred in reproduction, mailing, handling and file storage. Material of the type cited should more properly be filed as a serial or in the exhibits section of the Field Office file and only a suc- cinct summary of pertinent facts derived from the source material should be reported in the details of an investigative report. Where copies of . the material are needed or desired by a United States Attorney or other agency they could be reproduced as necessary and forwarded by a separate cover letter . It has also been noted that in many instances when affidavits are forwarded to the Bureau in support of a Title IfI electronic surveil- lance application, the affidavits have attachments or enclosures which 4-27-71 SAC LETTER 71-17 ~6- Docid:32989525 “Page 566
are not clearly denoted. When material or documents are submitted as an enclosure or attachment to a Title Il] affidavit they should be clearly marked and each page appropriately numbered at the bottom; the affidavit should also be so numbered. a tee ie heen a nee bee i teenie tebe tates weet By explicitly following current instructions as reiterated herein, the savings to the Bureau in cost and space factors will be con- siderable and Bureau reports will have more utility in their primary purpose of succinctiy setting forth the facts of a particular violation or Situation. The Manual of Rules and Regulations; Part I; Section 4D> 2 . Page 16, states in part regarding details of reports, "The details shall |. be accurate statements of essential facts. They shall be written in | logical sequence and in a clear, concise, and complete manner." ? The inclusion of en bloc reproduced materials as previously ’ indicated does not meet the criteria of essential information, reported in a clear and concise manner. Such material should not be included as part of an investigative report unless there is a compelling reason for its inclusion, and then only with appropriate justification in Administrative pages. f (Security. Letter on attached page) 4-27-71 SAC LETTER 71-17 -T- iWMW_55041  Docld: 32989525 “Page 569
_ _ NW 55041 a ae) - + ft . rs (F) AGITATOR INDEX ~- The Agitator Index (AI) is being « iscontinued. Manual changes follow. You must promptly review case files pertaining to AI subjects and submit recommendations concerning any subject whose ‘activities qualify him for inclusion on Security Index. AI cards should be destroyed. You must insure, however, any photographs and physical descriptions on AI cards have been included in the main file for each individual AI subject. Very truly yours, John Edgar Hoover Director 4-27-71 | SAC LETTER 71-17 - 8- Boold: 32989525 Page S70 -
on tae Fy j j ! t I ¥ Wi S5041 Doold:32989525 Page 571i ¢- ee a fe Ameen Ag oe teks =o EON, Con UNITED STATES DEPARTMENT OF JUSTICE Rens FEDERAL BUREAU OF INVE STIGATION ; eed . WASHINGTON, D.C. 20535 In Reply, Please Refer to May 4, 1971 File iNo. . / SAC LETTER 71-19 _ . PERSONAL ATTENTION : . SAC LETTER 71-19 (A) NATIONAL BANKRUPTCY ACT (NBA) - EXTENSION OF I} AMUNITY -- The Department has issued instructions to U. S. Attorneys concerning its analysis of Title IT of the Organized Crime Control Act of 1970. This title extends the automatic immunity under Section 7 (a) (estimony of bankrupt at the first meeting of the creditors) to include "any evidence which is directly or indirectly derived from such testimony. '' The immunity under this act extends only to the individual bankrupt, or the person designated to represent the bankrupt corporation, and not to other witnesses. This will bar the use of any leads developed from such testimony. The Department observed that the Supreme Court may hold that this imriunity may extend to the bankrupt's testimony at the 21 (a) hearing. It has been so held by the Second Circuit Court of Appeals, reasoning that the 21 (a) hearing is a continuation of the 7 (a) hearing; therefore, effective immediately, the 7 (a) testimony of the bankrupt, or of the person designated to testify for a bankrupi corpuration, Should wot be reviewed in the course of criminal bankruptcy investigation. Decision to review 21 (a) testimony should be considered in individual cases and no review should be undertaken in | absence of concurrence of the U. S. Attorney. Close co- operation between the Bankruptcy Court, the U. 8. Attorneys and FBI is called for to avoid tainting any criminal investigation or prosecution. To this end, a referral procedure has been developed by the Department whereunder the Bankruptcy Court will restrict access to the bankrupt's testimony and direct that all who witness any immunized testimony, oral or written, make no disclosures concerning same in event of interview. The Department's analysis provides that the U. S. Attorney apprise the Referee of those investigations instituted on the basis of infor- mation derived from sources other than the Referee or bankruptcy pro- ceedings, in order that Referee may institute these safeguards. It is, therefore, incumbent upon you to appropriately apprise the U. 8. Attorncy when NBA investigations are instituted on information received from such other sources. 5- 4-71
Fats wee mete t 1 ’ RS ATS semen a wane oa SACLETTERTI-190 00. Be an | a ae dee ‘MW 55041 In those instances where the only evidence of criminality is developed in the bankrupt's testimony, the Referee will refer case to U. S. Attorney without reference to such information. A limited inves- tigation will be conducted by the FBI to determine if there is independent evidence upon which to predicate full investigation. The foregoing pertains to criminal investigations and will not affect civil-type investigations requested by U. S. Attorney to enable him to oppose bankrupt's discharge. The Department's instructions are contained in Department of Justice Memorandum No. 744, dated April 6, 1971, a copy of which is being furnished, under separate cover, to each office. Assure all investigative and-supervisory personnel having respon- sibilities concerning National Bankruptcy Act matters are thoroughly familiar with contents of Memorandum No. 744. Manual and Handbook changes follow. . (Security Letters on attached pages) 5-4-T1 Boeld: 32989525 Page S72
(B) SECTION 105 - MANUAL OF INSTRUCTIONS -- Bureau has prepared updated and streamlined version of Section 105 which was distributed with manual revisions of hfarch 30, 1971. All Agents assigned to security matters should carefully review the new chapter. ; The new section has been greatly shortened by eliminating excess | wording and combining similar or nearly identical passages from different subsections. Slight differences in policy or criteria for investigation ) relating to similar-type cases have been eliminated. We have also adopted L, uniform policies with respect to the handling of communist immigrants, repatriates, visitors, and officials. Brief subsections have been added covering the need for type- writing and handwriting samples of intelligence subjects, the type of visas | issued by State Department, and describing the TRAMUS (Tracing of: Communist Funds) Program. mo The material in this chapter has alsu been Compartmentalized for convenience in locating policy relating to a particular subject matter. Heretofore all data relating to immigrants, repatriates, and visitors was combined in one lengthy subsecticn. This has now been split into three _ different subsections for convenience. Similarly, information relating to officials, couriers, contacts and the DESHCO program has been ali carried as one very lenethy and somewhat confusing subsection. In streamlined version these topics have been placed under separate headings. 54-71 _ Ho. SAC LETTER 71-19 0 © ee Be . vi ‘NW 55041 Docld:32984535/. Page 573 °-
we i (C) INFORMANT DESIGNATIONS - SECURITY OF RESDEN T AGENCIES -- Effectively immediately, Bureau is discontinuing practice of including | . asterisk to designate highly sensitive informants: Do not include asterisk in reporting information in the future from such sources. This action is baing taken as result of public surfacing Of this ; practice as an outgrowth of burglary of various Bureau documents from ; Media, Pennsylvania, Resident Agency. Media incident has also underscored need to afford sensitive FBI sources maximum protection possible in our correspondence. This applies not only to symbol number informants, but to nonsymbol sources of some Sensitivity, such as telephone company employees, school officials, bank representa atives hospital employees, or in certain instances even Government representatives such as an official of a local draft board Unless there is definite and compelling need to identify such sources by Dame in interoifice > correspondence, their specific identities should not be shown on copies of communications to Other offices. Actual identity of such persons is rarely needed by auxiliary offices and in most instances they.can be described in such general terms as "a well-placed source” or "a knowledgeable source in a position to have information of this type.’ " Specific identity of the source should, of course, be shown on file copy of communication maintained in originating office along with any other documentation needed, such as Agent receiving information and date received. ‘To prohibit any future arbitrary destruction of any communication which f represents the sole record of an informant's identity, the file copy of comununication containing such information should be clearly and plainly marked to show it must not be destroyed without prior Bureau authority. If it is essential to include specific identities of such sources — in interoffice communications, their names should be set forth on a spearate page or pages under the caption "Administrative" and such pages must be detached prior to routing the communication to a Resident Agency. A symbol number designation should be afforded to all individuals from the time any step is taken to develop them as any type of Bureau source, including informants, potential (or probationary) informants, confidential - ‘ sources and panel sources regardless of the status of their development. Any such current sources under development should immediately be given e471 . a SAC LETTER 71-19 es Se <r —HW_5 504i _Docld: 39589525 Page 574 avo ah aa . “lo : » gee ~ a . ~~“
i ‘ >MW 55041 Doold: 32989525 Page O75 symbol numbers and, where appropriate, the Bureau advised. Names of informants and potential informants should not be set forth in interoffice correspondence reporting substantive data from such sources except where absolutely necessary, such as in setting out leads to secure necessary ' background information from auxiliary offices. Such correspondence shouid include name but net symbol number of source. The only communication setting forth both name and symbol number of source should be the initial correspondence to the Bureau identifying a potential security or criminal informant. For maximum security, this communication should be in every case by secure teletype. Manual changes forthcoming. Very truly yours, John Edgar Hoover Director 5-4-71 . ' SAC LETTER 71-19 -5-
| | ame cre wee en meena cen ee VR PERSONAL A ATTENTICN , SAC LETTER 71-20 UNLTED STAT ES DEPARTM ENT OF JUST Icke FEDERAL BUREAU OF INVESTIGATION WASHINGTON, D.C. 20535 In Reply, Picase Refer to File No. May i1, 1971 (A) MAILING PROCEDURES - RECEIPT CARDS FOR REGISTERED MAIL - FBI FORM BOOK -- Effective immediately, a receipt card is to be enclosed with each registered envelope or package sent to another Bureau office. This includes items being sent to and from resident agencies. A supply of reccint cards is being forwarded separately. Receiving office should complete receipt portion of card and return the receipt card to the sending office at the end of the day on which itis received. If there is other mail being sent to the office which prepared the receipt card, it should be enclosed with that mail. Hf there is no mail being sent to the office which prepared the receipt card, it should be sent by itself in an envelope. This envelope should not be registered. Receipt cards should be retained for 30 days. Appropriate manual revisions will be forthcoming. SAC LETTER T1- 20 (B) FAIR: CREDIT REPORTING ACT -- Some credit agencies have interpreted Section 609 (a) (1) of the Fair Credit Reporting Act as requiring disclosure to the subject of FBI requests for “identifying information" available under Section 608 of the statute. The possibility exists that others may adopt a similar policy. Until further notice, con- sider the potential of disclosure in any case where such disclosure could be detrimental to the investigation or undesirable for other reasons. . (Security Letter on attached pages) 5/11/71 SAC LETTER 71-20 ‘ “MW 55041 Doocld:32989525 Page 576 eee
. through identical unit. However, the facsimile does not approach the - be sent in code. MW 55041 Docld: 32989525 Page S77 (C) RESTRICTION ON USE OF FACSIMILE XEROX TELECOPIER - SECURITY OF FRI INFORMATION -- Bureau lettcr to Albany, with copy to all offices} dated March 28, 1971, captioned ‘Communications - Facsimile Zerox 400 -Lelecopier, ‘' clearly. insiructed_that-facsimile transmissions must_b considered "Plaintext" unless material is first encoded on the AFSAM-7.° Facsimile transmission provides more privacy than plaintext teletype or telephone calls since anyone attempting to intercept traffic would hear only unintelligible tone signals and to read the transmission would have to know what type of equipment is used and record signals for piayback full security available through our secure teletype systern (STS). Referenced Bureau letter clearly stated that the telecopier is to serve primarily as a backup for our STS, + s.«:.. + .n spite of these instructions, however, there have been instances where the field has transmitted by telecopier teletypes containing data which should be sent by STS or encoded by AFSAM-7 when STS is inoperative. Offices have concealed sources in the main text of teletypes and identified the source under the Administrative -— Section. This was the proper manner to prepare a teletype where the information is subject to being disseminated at the Bureau. However, when identity of a source requires conceaiment, this is sufficient justi- fication to use STS or off-line coding equipment since this data will be classified. This is accomplished by indicating that the message should . In the cases mentioned above, the dictator indicated that the teletype should be sent by plaintext and the supervisor approved it in this manner. The sending operator then obviously relied on the dictating Agent and approving supervisor to properly indicate the manner in which the tcletype should be sent. It is the responsibility of the dictating Agent to inform the stenographer whether a teletype should be sent in plaintext or code. Good judgement must prevail, but it should be borne in mind that all teletypes containing classified information should be sent coded. Also, any information which could compromise a Bureau source, or which SAG LETTER 71-20 9s | _
could jeopardize a Bureau investigation or cause embarrassment to the Bureau Should be encoded. Personnel matters or other sensitive administrative matters should likewise be encoded. In other words, the consequences of Bureau data falling into unauthorized hands should —__—__—_be- the primary consideration-for-determining-whether-to-send. a-teletype— : by code or plaintext. nape seat SS To > "You are also again reminded that whenever information being submitted by teletype may be of interest to other Government agencies at Seat of Government, instructions set forth in Part I, Section 4, Page 41-46, of the Manual of Rules and Regulations must be followed. It is important to remember that in such instances when the field sends a teletype via STS, the Bureau teletype unit prepares a simultaneous perforated tape which can be used for immediate retransmittal to other Government agencies. For this reason, all teletypes being prepared for possible dissemination at the Bureau must be sent by teletype, not telecopier, regardless of classification or other consideration. You should immediately implement necessary administra- tive procedures to insure that there is no misuse of telecopier equipment. Failure to follow these instructions will result in administrative action being taken against both Agent and supervisory personnel. Very truly yours, John Edgar Hoover ‘ ; Director 5/11/71 . SAC LETTER 71-2000 0) Be ‘NW 55041 - Doold: 32989525 Page S768
mee ee eee Lr a ae ae thee ‘NW 55041 Docld:32989525 Page 579 we PERSONAL ATTENTION 7 SAC LETTER 71-21 UNITED STATES DEPARTMENT OF JUSTICE : FEDERAL BUREAU OF INVESTIGATION WASHINGTON, D.C. 20535 In Reply, Please Refer to File No. May 18, 1971 (A) TRAINING - LEGAL INSTRUCTION -- The following instructive Federal decisions reported in April, 1971, should he read by all Legal Instructors: U.S. v. Hall, 437 F2d 248 (1971)($d Cir.), opportunity for lineup does not_preclude pretrial identification by photo display. U.S. v. Holsey, 437 F2d 250 (1970)(10th Cir.), subject who refused at lineup to wear the clothing that would make the lineup fair has no right to subsequently chalienge the lineuy for unfairness on that ground. U.S. v. Cholston, 437 F2d 260 (1971)(6th Cir.), Government has no duty to call lineup wimesses who did not identify subject at lineup. U.S. v. Gomori, 487 F2d 312 (1971) (4th Cir.), instructive example of probable cause for search of motor vehicle. U.S. v. Fackett, 437 F2d 420 (1971)(10th Cir.), Federal * interrogation of suspect in state custody, prior to state arraignment, is lawful. U.S. v. Stribling, 437 Fad 765 (1971)(6th Cir.), Government accountant conductin2 routine audit of defendant's books, and questioning _ while defendant's Tawyer was present, not required to advise defendant of Miranda rights. wolser v. Beto. 437 F2d 1018 (i97i)}(Sib Cir.), officer stopping suspicious car at night has right to shine flashlight into vehicle to see who and what are there, On seeing evidence of crime, he may arrest. Klamerit ¥f Cuno, 487 F2d 1153 (1970)(9th Cir.), a volunteered confession is acwrissibie despite fact that it was preceded by inadequate Miranda warnings. * U.S. v. Golembiewski, 437 F2d 1212 (1971)(8th Cir.), ar detained at policé station aiter traific arrest may be searched without warrant on NCIC report that it was stolen, Haire v. Sarver, 437 F2d 1262 (19%4}(8th Cir.), statements volunteered by porson under arrest during crime-scene search, without questioning and without Miranda warnings, are admissible. Wife's’ consent to search of home is valid acainsta husband, U.S. ex rel. Frizer v. McMann, 437 F2d 1309 (197C)(2d Cir.), where subject was arrested minuics after a burglary, and nearby, it was proper for officers te bring victim to place of arrest.to,identify subject. Meade v. Cox, 437 Fad $23 (1971) (4th Cir.), in circumstances entitlim an officer to stop and frisk, he may also, for’his-own safety, frisk the suspect's companion (wife in this case), Officer having good reason to believe car in possession of jailed suspect was stolen, had right to search car without warrant for evidence of the theft. U.S. v. Evans, 438 F2d 162 (1971)(D.C. Cir.), court upheld mediate controntation with victim, for identification, SM> Ae a _ a ae ~ = . _ __ . . wer |
upon arrest made 13 days after the offense. See also U.S. ex rel, Clark v. Zelker, 321 F. Supp. 1085 (1971). U.S. v. Forrone, 438 F2d 381 (1971)(3d Cir.), telephoné toll call’ slips wizich gave evidence of continuous and uninterrupted pattern of unlawful gambling for long period up to March 24th were sufficient to establish probable cause for search of premises six weeks later where there was no evidence to indicate that gambling had ceased. "John Doe" search warrant approved. Searching officers may physically restrain occupant to prevent interference with search. No right to resist execution of search warrant. Searching officers may lawfully answer gambler's telephone. U.S. v.Sanders, 322 F. Supp. 947 (1971), substitute counsel at lineup, in absence of an accused's own counsel, approved, FSI suspect photo display technique approved. U.S. ex rel. Townsend v. Twomey, 322 F. Supp. 158 (1971), an unlawful coniession outlaws ail evidence found therefrom. In Re Dini, 322 F. Supp. 393 (1971), voice exemplars are nontestimonial evidence and may be compelled on court order. Gomez v. Wilson, 323 F. Supp. 87 (1971), repeated field interrogation of suspect as vagrant is illegal where no adequate basis for suspicion is shown. 5/18/71 SAC LETTER 71-21 (B) LEGAL ATTACHE OPERATIONS - NETHERLANDS ANTILLES -- Leads in the Netherlands Antilles, heretofore handled by the Legal Attache in Bonn, Germany, will henceforth be handled by the Legal Attache in Caracas, Venezuela. The above should include leads on the islands of Aruba, Bonaire, Curacao, Saba, St. Eustatius, and St. Maarten. 5/18/71 " MW 53041 Doeld: 32969525 Page 550
(C) YOUNG AMERICAN MEDALS FOR BRAVERY AND SERVICE, NOMINATIONS FOR 1970 ~- The Attorney General has recently requested the Governors of all the states and territories and the Mayor of the District of Columbia to submit nominations for the above awards. The final Gate for submission of nenrinations-is-July-30,1971._It is necessary that all nominations be accompanied by complete documentation concerning the actions of the nominees for consider- ation. Offices covering State Capitals should bring this program to the attention of appropriate officials when contacting them on other matters. They should be advised that all nominations must be made through the Governor of the individual state to the Honorable Richard G. Eleindienst, Deputy Attorney General, Department of Justice. Additional background information concerning these awards is included in the May issue of the FBI Law Enforcement - Bulietin. _ A total of 33 nominations were made by state Governors for Young American Medals Awards for 1969. The Governors of 11 states made 27 nominations for the bravery award and the Governors  _ of four states made six nominations for the service award. It would, therefore, appear that not all worthy candidates are being - brought to the attention of the committee for consideration for the awards. Accordingly, you should bring this program to the attention of all investigative personnel in your office and they should be instructed to be alert for any worthy candidates that may come _to their attention during their normal contacts with police and other officials. ; «8/18/74 ; “SAC LETTER 71-21. oo age coon nny aes “4
Lee nk Ce nena ee 5 j (D) ANNUAL SUMMARY OF RECORDS HOLDINGS -- You are reminded that National Archives and Records Service, General Services Admini- stration, requires Federal agencies to submit statistical summaries of records holdings within 30 days of close of fiscal year. Following : must be furnished: | A ep nee, . } (i) Volume of records in cubic feet on hand as of 7-1-70; (2) Volume of records in cubic feet on hand as of 6-30-71; (3) Volume on records in cubic feet which was destroyed during period 7-1-710 to 6-30-71. Item (3) should include space reacquired as result of con- version to shelf filing as well as space reacquired by consolidation of files or other means. All records must-be taken into consideration. Examples of nonrecord material which need not be considered are pre- liminary work sheets, ticklers, reference books, publications, et cetera. . For your assistance, a table of equivalents is being set forth for your use in determining your-volume of records: Letier-sized filing cabinets 13 cubic feet per drawer (full but workable) Legal-sized filing cabinets 2 cubic feet per drawer (full but workable) Letter-sized shelf files 4/5 cubic foot per linear . foot Legal-sized shelf files 1 cubic foot per linear foot Tabulating cards 10,000 per cubic foot 3x5 Filing case (full but workable) 1/10 cubic foot per 12-inch . drawer 4x6 Filing case (full but workable) 1/6 cubic foot per 12-inch ° drawer 5x8 Filing case (full but workable): 1/4 cubic foot per 12-inch drawer All other equipment, including Cubic measurements of - rotor filing equipment inside of container Magnetic Tape 1 cubic foot per 7 reels _ Statistical summary must reach Bureau by 7-9-71. It is not necessary to wait until last day of fiscal year to begin your compilation.. 5/18/71 SAC LETTER 71-21 ~4- LE Ev i po2989525 Page 552 7 A eae Mee
4 4 4 i i beet ee . (MW 35041 (E) FIREARMS - USE OF PERSONALLY OWNED SIDE he BY SPECIAL AGENTS - FBI FORM BOOK -- Effective 30 days from the date of this letter all authoriza- tions previously given Special Agents to carry personally owned handguns on —official business are reseinded_We—must -tighten the-rules,—regulations.and__._ training procedures relative to non-Bureau weapons. Within the next 30 days, those Agents desiring to carry a personally owned side arm meeting Bureau standards must reapply to you for permission and their requests should be forwarded to the Bureau on Form FD-481, Only personally owned handguns of the same type as the Bureau revolver issued to Agents, or which have been provided to the field for official use, will be approved. The revolver must be of at least .38 Special caliber, have at least a five-shot capacity, and must contain the same safety features as Bureau-issued handguns. Agents currently having approval to carry per- sonally owned revolvers meeting the above specifications but with an alloy frame may reapply for authorization to carry the weapon, but future recuests for authorization to carry such revolvers will be denicd, It has been deter- mined that revolvers with alloy frames are not as durable as steel-framed weapons during regular training usage. When an Agent requests authority to carry a personally owned revolver on official business, it should be insvected by you or a firearms expert. If the wearon meets ‘the above standards and you approve the reauest, Form. FD-431 should be executed in triplicate. Two copies should be forwarded to the Bureau and one copy placed in the requesting Agent's field personnel file, If the request is approved by the Bureau, one copy will be so marked and returned to you. Upon receipt of Bureau approval, the form should be routed to your Principal Firearms Expert who will have the responsibility of insuring that the Agent uses the approved personally owned side arm during at least 50 percent of the revolver reining courses during cutdoor and indoor firearms training each calendar year. Date of Bureau approval should be recorded on copy of Form FD-431 in Agent's field personnal file and descrip- tion of personally owned revolver should be recorded on Agent's property card, A supply of revised Form FD-431 will be furnished to you separately. The .38 Super and . 45 automatics in the field offices for police training purposes should not be issued to Agents for official use. All approved personally owned revolvers must be inspected by a firearms expert at least once annually and such weapons must be brought to Quantico by Agents when attending In-Service for inspection by a gunsmith - and for use during fircarms training. 5/18/71 , (- §- SAC LETTER 71-21 Booeld: 32989525 Page 553
(F) SPECIAL AGENT RECRUITMENT ~- DRAFT DEFERMENT MATTERS -- As you have been advised, applicants for the Special Agent position under age 26 with an unfulfilled Selective Service obligation and subject to possible induction but who have a valid occupational deferment IJ-A) based on ernployment in a field unrelated to law enforcement may be considered for processing if the Local Draft Board will favorably con- sider continuing.such deferment on appointment to the Special Agent posi- tion. However, the Bureau has been advised that the Selective Service System for the States of New York, Nebraska, and Ohio follow a policy of not continuing TIl-A deferments where occupational changes occur. Therefore, applicants for the Special Agent position from those states who are under age 26, have unfulfilled Selective Service obligation and a low lottery number indicating possible induction, are not to be processed, if he would otherwise be favorably considered, inform applicant he may reapply at such time as he is no longer subject to possible induction or when his military obligation has been satisfied. Pertinent papers are, of course, to be furnished to the Bureau. You may also continue to consider applicants where the Local Draft Board advises chances of induction are extremely remote -— because of age (28 or over - national policy is not to induct registrants in this age group) or who possess a high lottery number not likely to be reached for induction. The Bureau has been advised that where regis- ‘trant is age 26 or over or assigned a lottery number not likely to be reached that the Local Draft Board is to hold any requests to be con- tinued in a deferred classification in abeyance on the theory there is little likelihood of being called for induction. When discussing whether TI-A classification will be continued if appointed to Special Agent posi- tion, insure applicant's age and lottery number are considered. (Security Letters on attached page) 5/18/71 . .. SAC LETTER 71-24. 0 HB e cme re | (jHW 55042 Doold: 32969525 ‘Page S54 :
ee nbs ae amen Owe eee ao penne emtehow “Bs ore aw 55041)  Docld: 32989525 Page 565 , : LR ' &ii (G) REPORTING MATTER - PROTECTION OF RACIAL AND SECURITY INFORMANTS -- Your attention is called to Sections 107 and 130 of the Manual of Instructions and Section 4, Part II of the Manual of Rules and Regulations in which detailed procedures are set forth concerning the . L_______protection of our confidential informants in reporting racial and security matters. JI wish to reiterate and stress that you must exercise utmost care in the preparation of communications for dissemination in order to avoid identification of or cast suspicion on our informants. Information received from confidential scurces must be carefully paraphrased and set forth in a mannex-designed to fully protect the identity_of the source. Extraneous information, especially that which tends to pinpoint the source, must be eliminated. You should be guided by the knowledge that inef- fective protection of an informant's identity may place his life in jeopardy. The above instructions are also applicable in reporting data from highly sensitive sources. You should avoid any wording which suggests the nature of these sources. aed’ Ali Ageiut personnel-should be remindcd cf these instructions ‘ and you should personally follow this matter to insure str ict compliance, 5/18/71 a ; SAC LETTER 71-21 — (H) RACIAL MATTERS - CHANGE IN NUMBER OF REPORTS AND LETTERHEAD MEMORANDA FORWARDED TO BUREAU -- Experience has demonstrated that the number of copies of reports and letterhead memoranda being forwarded to the Bureau concerning investigations of individual black nationalists and concerning racial riots and disturbances should be reduced at this time. Effective immediately, you should only forward five copies of such communications to the Bureau in inves stigations of individual black nationalists and eight cnpies of letterhead memoranda pertaining to racial riots and disturbances. There is no change regarding the number of copies of reports or letterhead memoranda to be forwarded the Bureau concerning investi- gations of black nationalist organizations. Manual and Handbook changes follow. Very truly yours, John Edgar Hoover ; Director 5/18/71 ‘SAC LETTER 71-21 ° -. -T- os
MW 35041 Docld:32959525 Page 556 - Ta . SAC LETTER 71-24 UNITED STATES DEPVR EME NTO OR POSTICE FEDERAL BUREAVL GS ENV ESTEGATEION WASHINGTON. pee Saad In Reply, Please Kefer tn June 8 1971 File No. (A) USE OF IMPREST FUNDS TO PAY TRANSPORTATION CHARGES ON SMALL DOMESTIC FREIGHT SHIPMENTS -- The United States General-Accounting Office has issued rooulations which permit the use of an Imprest Fund to pay transportation charges on small domestic freight shipments. The regulation provides that when charges do not exceed $25 and transporiation does not involve international shipments or household goods van shipments, Imprest Funds may be used. No payments are to be made for transporiation prior to the performance of the service. : The use of Imprest Funds to make cash payments for the transportation services mentioned above would eliminate in many instances the use of Government Bills of Lading; however, the Imprest Fund payment procedure should be restricied to only those shipments _ consigned to headquarters city. On all other shipments centinue to use the Government Bill of Lading procedure. When it has been : determined that a particular shipment will be proper for payment from your Imprest Fund, the delivery carrier should be advised that the shipment will be handled on a COD basis. Upon payment to the carrier from your Imprest Fund, obtain a receipted copy of the freight bill. Very truly yours, John Edgar Hoover we Director’ 6-8-71 SAC LETTER 71-24 PERSONAL ATTENTION
na Ne ee ab. ‘NW 55041 Docld:32989525 Page 587 . . _ SACI LETTER | i 28 UPPED STATES DEPARTMENT OF JUST FEDERAL BUREAU OF INVESTIGATION WASHINGTON, D.C. 20535 In Reply, Please Refer to File No. _June 22, 1971 (A) BUREAU APPLICANT RECRUITMENT PROGRAM INTERVIEW OF MALE APPLICANTS -- Effective immediately all male applicants F registéred for Selective Service, whether classified or not, during interview must execute Sclective Service System Form 725 authorizing the release of information to the Bureau. As you have previously been advised, the applicant must be specifically questioned as to whether he intends to request a special classification: and if he has not registered, he should also be questioned as to whether he intends to requesta special classification. The applicant's Selective Service record must be completely reviewed during investigation; and if he has requested or intends to request a special classification, the Selective Service record must be reviewed prior to instituting investigation. . I want to again reiterate that all applicant interviews must be thorotigh and penetraiive, and it is your-responsivility to insure that all pertinent information available is obtained from the applicant during the initial interview. As you are aware, careful screening in the initial stages of processing is necessary to assure that only those applicants __ who have above-average potential are considered for Bureau employment. 6-22-71 ° SAC LETTER 71-28 (B) VOUCHER MATTER - USE OF FIRST-CLASS AIR ACCOMMODA- TIONS -- A complaint has been made by an airline employee toa United States Congressman alleging that ona recent flight FBI men were traveling first-class. In this connection you are advised there has been no change in the Bureau's policy regarding the use of first-class air accommodations for official travel. Employees are not to travel first- class if other less costly accommodations are available unless some overriding official reason exists for the use of first-class transportation. Employees' travel vouchers will continue to be closely scrutinized to insure that complete justification is furnished whenever first-class air accommodations are used. This matter should be brought to the attention of all employees who have occasion to perform official travel. . 6-22-71 SAC LETTER T1- 28 <J
(C) “FRIENDS OF THE FBI" -- For your information, a organization known as "Friends of the FBI" was recently formed by a group of individuals including a prominent Chicago, Dlinois, attorney and a Washington, D. C., public relations man as a self- _described "grass roots" effort to support the Bureau and me in the face of recent criticism. aay It has been determined that Efrem Zimbalist, Jr., has agreed to serve as Honorary Chairman and in this connection a form letter bearing his facsimile signature has been mailed to various individuals across the country setting forth the goals of this organization and soliciting funds. You are advised that 'Friends of the FBI" is a private enterprise initiated by the aforementioned individuals and formed without the Bureau's knowledge, encouragement, or approval. Although Mr, Zimbalist affiliated himself with it as its Honorary Chairman Without the Bureau's knowledge, he did soas a private citizen who has the best interests of the Bureau at heart. oo esemememntememmmenrmengee ern eee _ Should you receive any inquiries concerning this organization or its activities, you should respond with this reply: — "The FBI has no connection or relationship of any kind with a recently formed group calling itself ‘Friends of the FBI,’" 1 A EH ae eta ty Sate An Martina tanh hee manera na/ats mh 6d in biel ele Sutsteh bs Dinan eabestaithanctia th otaakathinedenml . Z 6-22-71 4. SACLETTER 71-28 0 9 -2- ary 4 * t j t “EEN S50t—Doc#hd:32989525—Bage588
(D) INTERSTATE TRANSPORTATION OF STOLEN MOTOR VENICLE (ITSMV) INVESTIGATIONS -- SAC Letter 70-33 dated June 16, 1970, Paragraph (A), contained instructions concerning moditications in the handling of ITSMV cases. The procedures were effective July 1, . , Old One-year triat basis-and-are-now-being made_permanent. Since the effective date of the abcve modifications, there has been a decline in the over~all case load, as well as the accomplish~ ments in the ITSMY category. This trend has been attributed to the , restrictive Departmental prosecutive policy. ‘Your office must insure *, that violations within the jurisdiction of the FBl are promptly referred | to you. This can be brought about by effective liaison with local law . enforcement agencies and sources. To this end, an immediate examination should be made by you to ascertain whether all ITSMV violations are being promptly referred. This should be a continuing program if we are to carry out our responsibilities under the law. itis expected each cffice will initiate such action as is necessary in order to accomplish these objectives. Very truly yours, . John Edgar Hoover ~ | Director i | Foe “ge paTt Cg | SAC LETTER 71-28 ~3- Nw 55041 Docld: D5 PRY S89
PERSONAL ATTENTION SAC LETTER 71-30 UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION WASHINGTON, D.C. 20535 " In Reply, Please Refer to . File No : July 6, 1971 enboenvinttenaittathen whe thts Sees (A) CLASSIFICATION OF INFORMATION -- There has been an increase iin classified mail submitted by Bureau offices. In many instances the classifications do not meet the criteria set out in Executive Order 10501. Classified information is defined as official information the protection of which is necessary in the interest of national defense and which is protectively classified for that purpose by appropriate classifying authority. Note the reason for classifying material must be hinged on national defense. The reason for classification of Bureau mail should make specific reference to national defense interests. For example, "Top Secret" is to be used only to protect that information or material the defense aspect of which is paramount and the unauthorized disclosure of which could result in excentionaily grave damage to the Nation, such as leading to a break in diplomatic relations, an armed attack against the United States or the compromise of defense plans, intelligence operations or scientific developments vital to the national defense. "Secret" should_ be utilized only for defense information or material, the unauthorized disclosure of which could result in serious damage to the Nation. "Confidential" is to be used cniy for defense inlormaticn or material, ‘the unauthorized disclosure of which could be prejudicial to the defense interest of the Nation. Where itis necessary to ciassiiy information, the lowest classification consistent with its proper protection should be used. It is essential that unnecessary classification or over-classification be avoided. TAD eM ee It has been noted many documents are classified merely be- ‘cause information was obtained from informants. In some instances this a information relates to public rallies, demonstrations or meetings and the release of the information could’in no way compromise the informant. While protection of valuable informants and techniques is essential, information obtained through them should be carefully evaluated to determine whether classification of the information meets the criteria 1/6/71 J SAC LETTER 71-30 WW 55041 Docld:32989525 Page 5590
set out in Executive Order 10501. In this connection you should refer ; to page 55, paragraph five, Section 4, Part II of the Manual of Rules and Regulations. In each instance where such information is classified, | you must indicate the reasons for the classification. | Do not classify information merely to prevent embarrassment to the Bureau or to lessen the likelihood it will be published. Classifi- cation must be based on the criteria set out above. Classification of mail will be closely followed at the Bureau. and will be looked into during inspections. You will be held responsible for improper or unnecessary classification. Very truly yours, . John Edgar Hoover lhe EINE Re ae oneness + Director i | 1/6/71 Oo | ’ SAC LETTER 171-30 a a toa Ls rn near eM ey q ; i -32989525 .Page 591 _ 7
{ PERSONAL A T'TENTION SAC LETTER 71-34 UNITED STATES DEPARTMENT OF JUSTICE . FEDERAL BUREAU OF INVESTIGATION 7“ WASHINGTON, D.C. 20535 In Reply, Please Refer to File No. _ July 20, 1971 (A) QUALITY WITHIN-GRADE INCREASES - FISCAL YEAR 1971 -- You are advised that during the Fiscal Year 1971 the Bureau granted 713 quality within-grade increases to its employees. $$ $99.9} eee ‘“ ee wa rebate A ene ee ee weeds SAC LETTER 171-34 (B) ARTIST'S CONCEPTIONS - FACSIMILE - XEROX 400 TELECOPIER -- The Xerox 400 Telecopier has been successfully utilized for a trial period to transmit artist's conception requests and drawings between Bureau and selected field offices. a Effective immiediately, all offices*and resident agencies having --.- _Telecopier equipment should consider using this method to transmit requests _-for artist's conceptions. Requests should be dialed directly to Exhibits Section on FTS 202-343-9148. Agent who prepares FD-383 should be available when possible during transmittal to clarify or elaborate on information secured irom ihe witness by talking directly with the artist. Completed drawing will be transmitted to requesting office by Telecopier. Modifications to drawing may be handled in same manner. Field requests should be transmitted between 8:00 a.m. and 4:30 p.m., EDT. — The facsimile received by field will be 8 in. x 10 1/2 in. size suitable for copying by Polaroid camera or other local photographic facilities. Cififices receiving artist's conception via Telecopier should always make a photographic copy to insure its permanency for file and future reference. “The Facial Identification Catalog will still serve as the basic source of reference for facial characteristics to be noted on FD-383. Supplemental pages recently forwarded to all offices show examples of contemporary hair and beard styles. Additional mug shots or graphic material in your possession which will aid artist should be transmitted via Telecopier with your request. The Telecopier can aiso be used to request trial charts when transmitial of field sketches and diagrams is essential but time does not permit the usual methods of communication. All investigative personnel should be advised. 7-20-71 SAC LETTER 71-34 “NW 55041 DoclId: 32989525 Page 592