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Melvin Belli — Part 7
Page 29
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PLAYBOY
and dnd €T*
wooly
-Britishers
shrink
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Pree
UMENS
Did Wellington
shrink at
the heat of
Waterloo?
aN
used this power to embarrass or harass
the innocent—of whatever race—there
would be such an outcry that the law
would be repealed. Yet in the case of
People ws. Rivera just last year. the New
York Court of Appeals uplicld the va-
lidity of the stop-and-frisk statute with
only one dissent, and the U.S. Supreme
Court has refused to review that decision.
This combination of court rulings puts
the stop-and-frisk law on very solid
ground.
BELU: I wouldn’t say that. The stop-and-
frisk law is clearly unconstitutional, in
my opinion, and I predict that it will be
struck down when next it’s tested by the
Supreme Court. :
PLAYBOY: Another police-backed local
statute that’s come under fire from the
ACLU and other civil liberties groups
is the so-called “no-knock-and-enter" law,
which empowers law-enforcement officers
—again, on “reasonable suspicion” —to
burst into and search a suspect's home or
place of business without either knocking
or announcing themselves as policemen.
Do you feel that this law is unconstitu-
tional, too, Mr. Belli?
Bett: Absolutely. And I predict exactly
the same fate for it.
PEMBERTON: Both of these laws danger.
ously weaken the barrier between us and
unlimited, arbitrary authority. They
practically beg for unscrupulous police-
meén to abuse their power and—Profes-
sor Inbau's reassurances notwithstanding
—to harass citizens they don't happen
to like. We abandoned a_ historic safe-
guard of our liberties when we accepted
those laws.
INBAU: Remember that the police are em-
powered to stop and frisk or to break in
only after going through the full pro-
cedure of establishing probable cause,
and in the case of the no-knock-and-
enter law, of obtaining a search warrant
as well. Thus the innocent public is
protected from brusque, unwarranted
intrusion by the police. As for the stop-
ant-frisk law, don't you think. in all
fairness, that a policeman should have
the right to search for dangerous weapons
before exposing himself to possible crim-
inal actack?,
PEMBERTON: That argument is just as
specious as the one given for the passage
of the no-knock law: to permit a forcible
unannounced entrance “where danger to
the life or limb of the officer or another
may result” from a properly announced
search. But violence is far more likely to
occur when police kick down a door with-
out announcing themselves. In fact, kick-
ing a door down is pretty violent to begin
with and invites violence in return.
RUSTIN: OF course it does. A frightened
: .
Vrevewodretelee cet ee dt tees
criminals and might open fire on them—
with every justification,
TURNER: Especially in New York, where
the newspapers specialize in lurid ac-
counts of “crime waves,” there is a
hysteria that could easily prompt an in-
nocent houscholder to shoot first. and
investigate later. And the police are by
no means always innocent of this kind of
freewheeling violence at a house arrest—
even if they don't actually kick down a
door. When I was still a special agent, the
FBI got a tip from a motel owner that
one of his guests looked like one of the
“Fen Most Wanted” criminals, Thev
surrounded the place and banged on the
door. When the guest cracked it open
slightly, one of the agents shoved his cre-
denuials forward, but it was pitch dark.
“FBI, open up!" he barked. When the
poor, frightened guest didn’t instandy
fling the door open to invite this armed
mob inside, they shot him in the face. It
turned out later, of course, that he was
perfectly innocent. The agents‘ respon-
sible were severely disciplined, but thev
didn’t go to jail. This incident shows
what kind of tragic injustice can result
from the use of excessive force in serving
an arrest warrant.
Cook: This resort to violence by the
police is a bad sign of declining profes-
sionalism. One of the best cops I ever
knew was a New York detective named
Johnny Cordes. He piled up a fantastic
record of arrests. but he developed the
theory that he was a better cop if he
“never carried a gun, and for years he prac-
ticed his profession completely unarmed,
He's still alive, retired with many hon-
ors. Contrast him with the FBI agents
who were trailing a pair of kidnapers
in the Thirties: The local police were
cooperating and knew where one of the
principal suspects wes.-hiding out, bur +
I et is
they wanted to catch the other one, too.
when he visited his. pal. The FBI had
been advised that the police were staked
out watching the hide-out, but they goc
impatient and at midnight Hoover him-
self led a fire fight. They got their man,
Wl right, but not the second kidnaper:
the local police found out later that he
had indeed come to pay a visit that nighe
—and had watched the whole -battle as
part of the crowd. The cop who depends
on muscle and gunplay is always inferior
to the one who relies on brains.
BELLE Too many policemen are nothing
more than overgrown kids still playing
cops and robbers—only for keeps. But
there's too damned much gunplav
around on both sides of the hadge,
Everybody's playing with guns as though
they were toys. We don’t have bears
prowling the streets anymore: there are
no Indians climbing through the win-
dows. The so-called constitutional righ
ene ek
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