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HEARNAP — Part 27
Page 283
283 / 479
mia 8 Sa ali
*
a
. Mewis'to Mr. J.B. Adams
Re:_LOS ANGELES TRIALOF
WILLIAM AND EMILY HARRIS
RE OMMENDATION: .
xe ah, None, For informati "s ot, NS ee
Bed . _— ~ APPROVED: Aint ‘Comp. Syston. Lpooratory.p... oy
_ se how be
C3
* Assoc. Dir... Ext. Affairs 0... f Legal Coun.f Ree TE
Dep.AD Adm -tnv.. ZYAYM Plan. & Eva
Qu Dep. nl seal aneerets
mo The Washington Post, on 4/22/16, 3 in’ “an. article captioned,
"Harris, Hearst Trials Could ‘Be Separated," reported that California
= - Superior Court Judge Mark Brandler, on 4/21/76, reversed an3/1/76
-... + Yuling he had made suppressing the introduction into evidence of materials. -
- confiscated by FBI Agents incident to the 9/18/78 arrest of William and
Emily Harris in San Franciscon,
In his 3/1/' 76 order granting: ‘a defense Motion to Suppress,
Judge Brandler opined that nearly one thousand items of evidence .
* seized by FBI Agents following the Harris arrest must be suppressed
.’ dueto the fact that the Agents searched the Harris apartment without.
- benefit of a search warrant. By memo dated 3/4/76 the Legal Counsel
Division advised'that Judge Brandler's decision of 3/1/76 was incorrect
under both Fedéral’ and California law, inasmuch as the 3/1/76 decision
did not take. into. consideration the exigent circumstances justifying the
Agents' decision to, enter the Harris apartment without benefit of a search
7 warrant, ss
“The 3/4/16 1 memorandum cited the California Supreme Court
case of f People v. Hill, 528 P.2nd 1 (1974) which authorized a warrantless
.» 4%» police entry on facts almost directly On poirt with those surrounding the . .
£ atthe € entry by FBI Agents. The 4/22/76 Washington Post article noted
“(CowrmvuED - OVER)
" 4 alt
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