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0-19 (Rev, 3-2-62) Tol aves Q O Belson , Mohr pr Callahan - - Conrad as Phe ee DeLoach *2* *_ and “hs lawyers _ Evans ie: . 3: Justices Criticize an could be secure againm died Malone F re, ay to me.” Rosen ‘4 Comments by Stewart | fafa Ste, tke oo? phred pores Courf\ justions today sriticiend Justice wracked ty penta Mabe Trotter Stewart for wha “wholly unnecessary ocmmerits” in the course of upholding a conviction. . The case involved Harry Langa, who was convicted: of refusing & to answer questions before | & New York State lopintetire * 90mm investigating posal corruption in the State parole: . eration Bite rev pie. 1 Wce Swarts Gin: Tele Room olmes =n eee ‘not be constitutionally punished for-refusing to answer the cam- conversation he had with his tenes fe tell be. than: wother in jail had been elec-) tronically intercepted and rec- orded by State officials and a transcript of the conversatic had furnished the basis of th committee's questions. Justice Stewart, writing the “amanimous opinion, said that | the record showed that at least two of the questions which the : committee asked were not re- lated to the intercepted con- versation, Therefore, he. said, the Bonreme sa have to go into the constitu- we of electronic eavesdropping this case violated Lanza’s rights. ; to Mates Cammen ts. However Justice Stewart commented, however, that It was “at best @ novel argument” to say that a public jail was the equivalent of a man’s house or that it Is a place where he can clalm constitutional immunity from unreasonable séarch or seizure, electronic eavesdropping under certain circumstances ould be. It is obvious, he sald, that a deft ahares nane of the atiri- ae ve Ges a ee butes of privacy of a home, an automobile, an office or a hotel room. In prison, he said, of- ficial surveillance has. tradi- tlenelig~eeen the order of the day. an mie | 7 E ‘ mnittee’s questions because a: Court did not tional question of whether the Tans Claimed that he could! leagues. hie \ Chief Justice Warren said like Justice Stewart's can lead ‘ only to misunderstanding and R Expressing regret thet Justice | Stewart, in writing the unani- the usual practice of refusing | to reach for constitutional | cision, the Chief Justice wrote: } “What makes this court's, that the State courts, State officials and the people of New formly condemned the eavesdropping in this case as deplorable.” ‘f The Chief Justice quoted re- ‘ports that a New York trial eithout hail an he eouid con- that in his opinion comments confusion in future cases, if mous opinion, deperted from: questions not necessary for de- action singularly unfortunate is: York State have uni Cttes Freed Prisoner t judge yeleased a prisoner uit his attorney, the judge not esjing__sant dent after the ee _ 7 : ; —s bu 00 JUNI 51962 constitutional issues not be- 2 tore the tribunal. . “The tenor of the ogurt’s| "4 wholly unnecessary comments,” ee eee ee a a Justice Brennen wrote, “te suf. | + . ficiently ominous ‘to justify the & 7 strangest emphasis that of the abbreviated court of seven who| ° ; participated in this decision, fewer than five will even inti- mate views that the constiiu- tional protections against {n- vasipn of privacy do not oper- ate for the benefit of persons —-whether inmates or visitars—| o ingkie a jelf... ,” ' Justice Brennan, whom the Chief Justice and Justice Doug- las Joined, referred to the fact|! that neither Justice Frankfur- ter, who is Hl, nor Justice White, who came on the bench Wafter the case was argued, tock = danisiner. —s Pn eset Bu Atk UAE e ik areal a hga o bareD Cu Pins ar 42 TUARRED FILE AND INITIALED what: “gratuitous exposition” ofaunve \ The Washington Post an° Times Herald The Washington Dally News The Evening Star A405 ‘ New York Herald Tribune — 4s New York Journal-American New York Mirror New York Daily News New York Post The New York Times The Worker ae Worse = The New Leader ees on .. The Wall Street Joumal —_—_-— ~ The National Observer ———-—— pC ? A ISHS ait 9 Not REcoRDEN” UUN 41962 199 JUN 13 1962 mo ee —e