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TRY URC ae da ane on Dado Mohr Bishop + rey répicdatibertarian, was gisn a’ Casper Bi Ch ACCUSES? dissenter. He specifically dis- Callah socialed his remarks from Jus- Conrad _.4 COURT ON POLICE ;Warns Colleagues Against | Hobbling Law Enforcement , tice Black's angry atlack on the majority. however, and [ol- lowed Justice Harlan in basing his argument on the specific fact of the case. Fh Felt Sf vA Gale aan a . R. . } Syllive 0: nn —t—-—__ In a third dissent, Justice Pol- Se Tavel 7 ‘ ter Stewart noted briefly that he . Pr Trotter : By OSWALD JOHNSTON . ; lack and ; ti in | [Weshingion Bureau of The Sun) « agreed with Justices B ack an ia f Tele. Room —_ Fortas that the search warrant Holmes in today’s case should have been Te /? a Gandy ‘oned in the forefront of the Su-, upheld. " was ‘preme Court's recent controver- sial resiructuring of the nation’s criminal law, angrily accused his colleagues today of hobbling: ‘police with “obfuscatory lan- guage” and legal “technicali-| ties.” “Tt seems to me it’s time for us to sit up and take notice, where we are going and what. ‘for,’ {he Court's 82-year-old sen-. ‘iat member warned during a 20-1 ‘minute lecturg from the bench, ! Harlan For Sayority Justice Black's anger was pro- voked by a 5-to-3 ruling in which the Court reaffirmed a five- ‘year-old holding that police re- ‘quests for search warrants must be detailed. The court used the holding to upset the gam- bling conviction of a St. Louis man, Justice John Marshal! Harlan, pencrally regarded a conserva- tive in criminal law decisions, spoke for the majority. His opinion, based largely on ihe specific facts of the particu- lar case before the Court, ‘stressed Lhat the decision broke no new ground, but rather put in practice a principle the court enunciated int9h4. No Probable: Cause Specifically, the Court ruled that a police application for a search warrant violates consli- jutional safeguards if it is based on nothing more specific than “casual rumor’ in the under-| world or an anonymous, un- detailed tip. | Even the presence of an in-; : Washington, Jan. 27—Justice | jHugo L: Black, generally reck- depencent investigation, car- fied qut in this case by FBI agents, is not enough to endow the warrant request with the “probable cause’? the Fourth I { be Portaeanather HO! fF RECORDED ReconSiterafren Urged Justice Byron R. While, an- other conservative, said in a separale opinion that he joined the majority with misgivings. urging that (he court's 1964 standard governing search war- rants he reconsidered in a broader context. Justice Harlan, nominally the Main speaker in today's case, and Justice Fortas, the first dis- senter to speak, both agreed in muted tones that “reasonable men may differ with complete reasonableness” in a case they likewise agrecd was “trouble- some and vexalious.” When Justice Black launched, into his attack, at limes reading! from’ his dissent and at times’ elaborating on it extempora-, neously, the other justices sat virtually motioniess. “Mass Ezcelation” He denounced (he decision as “massive escalalion” of the 196¢ ruling on which it was based. At one point he provoked murmurs from his colleagues with a suggestion that the iower court judges reversed by today’s deci- sion should have been upheld, because “they too are lawyers and judzes, and much closer tol the practical, everyday affairs of life than we arc. The Supreme Court, silting in| Washinzion and “a thousand) miles away,” should not try to’ “supervise the evidence on. which the magistrate reached] his conclusion,” Justice Black said, He quoted with approval an Eichth Circuit Court of Appeals judge who complained, at an! earlier stage of this case, of “inereasingly technical — bur- dens” placed upon police by “dectsions thal appear to relent- Jessly chip away at the ever narrowing area of effective po-| —— | lice @petarion.” wey The Evening Star (Washington) —errriction SctAgrTe The ruling sets aside the 23in- bling conviction, three-year pris, on sentence and $5,000 fine given William Spinelli, of Olivetle, Mo. He was convicted on the sl. igth evidence seized from a St. Louis apartment which FBI agents had spotted him vis- iting regularly. The warrant granted to make the crucial search was based partly on that surveillance, part- ly on an anonymous and unde-| tailed tip from an informer and! partly on a declaration that Spi- poclli was “known” to the FBI “as a bookmaker, an associate of bookmakers, a gambler and ee, an associaic af gan here The Washington Post Times Herald The Washington Daily News The Sunday Star (Washington) Baily News (New York) Sunday News (New York} New York Post The New York Times The Sun (Baltimore) re The Daily World The New Leader The Wall Street Joumal The National Observer People's World Examiner (Washington) JAN 28 1969 Date -- AP EM | hy, g ie} “ Ty ee core . . mon Sel. EE rege ee ae ae _ ~ ou, inane eae . sat are Se i i a we * ™ ee caine an 40) ad Alo Tat . ges DN STAT Pann a cod aI te - 2 * ; : a a ‘ - 7 - ~ . ~ e we oy” - : ane +" ts, ~ , so - . . 7 “ ~ 7 a 2 - - - fe ~ Pom hme ah cae om went a a el tet tant “ee eae 4 a gene ny “”