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Supreme Court — Part 17
Page 104
104 / 130
O QO |
The officers just gathered up the clothes and personal
effects. There was precisely the evidence needed to
confirm information gained during the 24 hours of sur~
veillance. No furniture was listed as removed. It
seems too clear for argument that there was absolutely
nothing unusual about either the search or the seizure.
What reason does the majority present for reversing the .
conviction of these alleged “seasoned subversives?"” No law
is cited. No violation of any law is mentioned. No reference
to any clause of the Constitution appears. All the opinion
says is:
"The seizure of the entire contents of the house and
its removal some two hundred miles away to FBI offices
for the purpose of examination is beyond the sanction
of our caes."
This raises a grious question. The Court has no power to
sanction arrests or seizures. There is not a word anywhere
in any law creating any judicial “sanctioning" power. They
are judges, not legislators. The powers of the FBI do not
come from ‘the Supreme Court. The remark is no legal excuse
for reversing any conviction.
The short opinion winds up with the queer statement, that
seems to turn the law and facts around:
"While the evidence seized from the persons of the
petitioners might have been legally admissible, the
introduction against each of petitioners of some items
seized in the house in the manner aforesaid renders the
guilty verdicts illegal." ‘
The only thing mentioned as found on the persons were “docu-
ments". How would they prove that the four were occupying
the refuge? On the other hand, the 500-odd items, often
petty, of clothes and personal effects and household equip~
ment were precisely the proof of "harboring" and "comforting"
mentioned in the statute which reads:
"18 US Code. §3. Whoever, knowing that an offense
against the United States has been committed, receives,
relieves, comforts or assists the offender in order to
hinder or prevent his apprehension -~- is an accessory ---.
The complete living set-up was the very evidence needed.
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