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Supreme Court — Part 17

130 pages · May 11, 2026 · Document date: Jan 4, 1968 · Broad topic: General · Topic: Supreme Court · 129 pages OCR'd
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SAS In complaining about the arrest and evidence, the inference that only the Court can “sanction” actions by the FBI,. the judges overlooked the fact that Congress “sanctioned" the arrests made without warrants. 18 US Code §3052, granted power to the FBI to "“--make arrests without warrants for felonies cognizable under the laws of the United States." It is well recognized law that the power to make arrests includes the power to take custody of “ea- any articles, evidence --- if they (3ye directly connected with the crime charged---." The “sanction" to arrest and take the evidence came from the law making power of the Congress of the United States under the United States Constitution, Article I. Now, it must be asked, why the Court thought it necessary to. use ll pages of the United States Supreme Court reports to list the 500-odd items such as "-~-4 razor blades -- 1 handkerchief, dirty--1l jar--1l pine cone--1 pair Munsingwear, Size 36, Yong underwear--l empty soiled white envelope --- ] bed sheet unmarked ~-- 1 night gown white --Darling Deb---," etc. They were very saving of space so far as disclosing that the group were described in the court below as communists, half of them indicted under the Anti-Communist law. Was the publication of the FBI meticulously careful inventory intended to draw attention away from the real story? That ruling against the FBI efforts came down on May 13, 1957.Just three weeks later the Court decided the Jenck's case, where the Supreme Court, in effect, ordered an exhaustive search of some FBI files,Jencks v US 353 US 657. These two cases make a comparison. In the Kremen case the convictions were reversed with the Court saying it was illegal for the FBI to make +he search. In the Jencks case the conviction was reversed because a trial judge did not order a search of the FBI files for the accused. The Cour t's own "constitution" seems, at times, to be a my- stifying document. (1) 79 Corpus Juris Secénd 796. 264.
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