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Supreme Court — Part 24
Page 20
20 / 55
Judge Hayes.
Raps Rulings
Of High Court
Hits ‘Open Files’ 7
In Banquet Speech °
Middle District U.S. Judge John-
Son, J. es of Wilkesboro took
“the U.S“Supreme rt te task
here Jast night for its t tuling
‘that defendants in a case are en-
titled to look into certain files of
a
flaw enforcement Agencies at-
tempting te convict them,
In a speech beforé the closing
F banquet” of the North Carolina
’ Police Executives Association,
3; Judge Hayes said, “If I am ever
f confronted with a case in which
the prosecution is required to bare
its evidence of the defendant, I
is dismiss the case.”
He told the law enforcement
le- ders from across the state that
“I em disturbed just as much as
you are” by certain recent rulings
of the Supreme. Court. +
| “Law. enfercement officers ate
‘men charged with discovering . .°.
who is violating the Jaw’ aad’
bringing them inte court for trial,|
Judge Hayes sald. “I do believe
that out highest court in the lad.
hag recently rendered some deci-
sions calculated to hamper the of =|
| ficers fm performances of thet = 7
He seid that “all of us should
be happy” that the Supreme Court
Is trying to ‘protect our individu: Chm,
ai liberties” but “not if it Is to
erdanger the lfberties of wil."..<,
Tt ls & “hazardous thing,” : be
said, td allow an accused persog
or his lawyer to ingpect “confide:
tlal” files of law. enforcement.
“agencies. “An inherent denger ex,
igts,""-he' said, “if an offender Caz
nd out who reported him.’ ++
} He also took issue with snot
Supreme Court decislen - whidll
| made certain tactiéa of law en
.
forcement officers -violatfona ©
the Taw of s :
j-. See Hayes, PARE, Col,
63AUG197707
Open Files
a ’ e- te ee
Decision -)
” Continued frem Paget":
He cited the high court's ruling
that an officer who had informa-
tion that marijuana trade was go-
ing oa fe 9 hotel, and who en-
tered a room after amelling mart
juane fumes, could not testify ta.
court because he ehtered the reer
without a search warrant, \- .
“Judges should recognize,” ‘he
said, “that we have officers who
are experts in certain fields just
as doctors and lawyers are ex-
perts in certain fields.”
Tn their efforts to “protect the
rights ‘of the individual,” he sald,
officers should be allowed to “use
common sence," a ;
“T am @ believer that the law
in its conception and wisest ad-
ministration ig the only hope of
American liberty," he said.
The Supreme Court cannot be
expected to tague opinions -to
“please all of us,” he said, be
cause it ls made dp of “human
beings.” - toa:
He added that he did not believe
that the court ever had “political
motives,” ‘as charged by some
critics, in rendering decisions.
He charged the police delegaies
to “set examples as law officers
in the communities you are in.”
As American citizens, he sald, “it
our dut: :
= OUF duty danuokald the lew
ir ete
' " nr ar
Mr, Holloman
Miss Gandy.
Winston-Salem Journ
Winston-Salem, N. C.
8-3-57
Page 1
ho
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