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b-19 (Rev. 1-11-60) Bar Evidence In U.S. Cases Unless Legal Fourth Amendment Cited by High Court WAS GTON, June 27 (AP). —The “Supreme Court today barred Use If Federal criminal trials of evidence illegally ob- tained by state and Jocal police officers, By a vote of 5-4, the court swept aside the old ‘silver plat-| ter” doctrine. Under it, Federal ‘prosecutors could use evideneel unlawfully obtained by state and local officers. Under the new Yule, state-obtained evi- dence must meet the test of the Fourth Amendment's guaranty against unreasonable search and seizure. . peaking for the majority. Majority Decision | see Potter Stewart sumrjed it pr . fidence obtained by state wee police officers during a search which, if conducted by Federal Accused Teamsters “SX ONE-fime kingpin gambling operator, he charged = th Teamsters Union officials were conspiring to take over Port- land rackets. He also accused #erious public officials of cor- ruption and said he had tape recordings to back up his words. At the time of his testimony to the Senate committee, Elkins was in difficulty with statg au-l _thorities, On May 17, 1956, state! officers with a warrant had searched Clark’s home and seized five tape recordings of telephone conversations. Two state courts Jater ruled the warrant was faulty and the)” tape s were barred from use in a state trial. The tapes were deposited for safekeeping in a bank, where Federal offigers got possession of them by serving a search warrant. The tapes were ad- ‘mitted in evidence in trial of Elkins and Clark in Federal court in Portland. Jailed and Fined Elkin was sentenced to twen- ty months in prison and fined $2,000. Clark got six months and fined $2,000. Clark got six months and $500 fine. Their at- torney argued before the Su- preme Court the evidence against Elkins and Clark vio- lated their Constitutional rights hecause it was obtained through dbarch and seizure.” officers, would have violated! , Agree To Review ‘ the defendant’s immunity from unreasonable searches and seiz- ures, under the Fourth Amend- ment is jnadmissible over the defendant's timely objection in a Federal criminal trial.” Justice Felix Frankfurter, in a dissenting opinion concurred in by Justices Tom C. Clark, John M. Darlan and Charles E. Whittaker, sharply criticized the new doctrine. Justice Frank- furter said it overturned ‘‘a rule of evidence always the law and formally announced in 1914 by a unanimous court... ." In its final decision of the 1959-’60 term, the court over- turned the conviction of James Butler (Big Jim) Elkins and Raymond Frederick Clark, of Portland, Ore. The decision sends the case back to the Fed- eral court for further proceed- ings. Elkins is the man who hurled’ sensational charges in 1957 hearings the Senate Packets Comte _ In another action, the court! - {agreed to review a decision that wiretap evidence may be used!” in criminal trials in state courts.! The decision was given by the United States Court of Appeals jin New York in the case of Burton N. Pugach, a Bronx lawyer now under indictment on a number of charges. Negroes” Appeal Is Dismissed a The court dismissed the ap- peals of five Negroes convicted of trespassing on a city-owned, privately operated golf course in Greensboro, N. ©. The tribu- nal held that no Federal ques-. | tion was involved because of the failure of Negroes to raise such a question in their appeal before the North Carolina Su- preme Court. Chief Justice Eari Warren, in a minority H opinion, said the Negroes’, should be allowed to press their ! claim of unconstitutional racial discrimination in,ihe tate | Suprenre-Tourt. pent 2D om on a z Tolson Mohr | Rarson vcelrnont: : wt Splideap Matone’ McGuire : ; Rosen ‘ Tamm Trotter en 11 a a yon cr 1 WC. Sullivan _ Tele. Room __. Ingram The Washington Post and__ Times Herald The Washington Dally News __ The Evening Stat 7 New Yotk Herald Tribune bk New York Journal-American __ New York Mirror New York Daily News New York Post The New York Times The Wotker ' ; The New Leader Ayia The Wall Street Joumal Date wee TENCRN EG + JUL ae 560