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Supreme Court — Part 17
Page 105
105 / 130
SAS
In complaining about the arrest and evidence, the
inference that only the Court can “sanction” actions by
the FBI,. the judges overlooked the fact that Congress
“sanctioned" the arrests made without warrants.
18 US Code §3052, granted power to the FBI to
"“--make arrests without warrants for felonies
cognizable under the laws of the United States."
It is well recognized law that the power to make arrests
includes the power to take custody of
“ea- any articles, evidence --- if they (3ye directly
connected with the crime charged---."
The “sanction" to arrest and take the evidence came from the
law making power of the Congress of the United States under
the United States Constitution, Article I.
Now, it must be asked, why the Court thought it necessary
to. use ll pages of the United States Supreme Court reports
to list the 500-odd items such as "-~-4 razor blades --
1 handkerchief, dirty--1l jar--1l pine cone--1 pair Munsingwear,
Size 36, Yong underwear--l empty soiled white envelope ---
] bed sheet unmarked ~-- 1 night gown white --Darling Deb---,"
etc. They were very saving of space so far as disclosing that
the group were described in the court below as communists,
half of them indicted under the Anti-Communist law. Was
the publication of the FBI meticulously careful inventory
intended to draw attention away from the real story?
That ruling against the FBI efforts came down on May
13, 1957.Just three weeks later the Court decided the Jenck's
case, where the Supreme Court, in effect, ordered an
exhaustive search
of some FBI files,Jencks v US 353 US 657.
These two cases make a comparison. In the Kremen case
the convictions were reversed with the Court saying it was
illegal for the FBI to make +he search. In the Jencks case
the conviction was reversed because a trial judge did not
order a search of the FBI files for the accused. The
Cour t's own "constitution" seems, at times, to be a my-
stifying document.
(1) 79 Corpus Juris Secénd 796.
264.
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