Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-01-09
RIGHTS OF ACCUSED PERSONS.

In connection with the recent an
nouncement by Chief OF Police Tom d.
Pitt to the effect that photographs VIII
be taken at the police station of all
persons brought in through the opera
ton OF the dragnet an opinion by the
Supreme Court of New York is of in
terest here. Law Notes. commenting
ON a case says:
1T is generally conceded that the
police may photograph criminals for
the purpose of making identification
easy In the event they escape or con-
tinue to break the law. The police de-
partment of every city of any size IN
the United States has It's 'Rogues Cal
lery. But when may the right to pho
tograph be exercised? Does arrest give
the right, or does indictment, or Is II
necessary to wait until the accused
has been convicted?
This question has been raised re-
Gently in Brooklyn, n. Y, by one VIII
liam Cow. who is under indictment on
81 charge of having participated In GER
tain alleged frauds in connection with
the management of bank. 1t Is OBJ
Vious that the question Is of great
Importance and ii is remarkable that II
has been raised so seldom. 1t is pos
sble If not probable, that police OF
ficers, In their efforts to detect crime,
have frequently overstepped the bounds
of their authority and invaded the
rights of real or suspected criminals.
I'm the Cow case, which has not yet
been reported except in the daily news
papers, 1t appears that Mr.. Cow, AFTER
having been indicted and arrested, was
photographed and measured under the
Bertillon system. He thereupon filed
petition in the Supreme Court for
writ OF mandamus compelling the po-
lice commissioner to remove from the
police department all photographs and
measurements taken of him. Accord
ing to the New York Times, the petit
ton was denied on the ground that
mandamus was not the proper remedy,
but the court asserted that the action
of the police was criminal In character,
and that they were liable 70 prosecu-
ton for assault, and also to ciVi ac-
ton for damages. The court declared
that the police power was dependent
upon legislative enactment. and that
Il was necessary for them to show Leg
islative authority for the act complain
ed OF. No statute has been found said
Mr.. Justice Burr, which In express
terms authorizes any member of the
police force of this city 70 deprive any
person Of his liberty OF action or IN
wade his right OF personal immunity
to the extent OF requiring him TO sub
nit TO having his photograph taken
and measurements and Impressions of
his body made for the purpose OF pre-
serving them In the criminal records or
this department, simply because such
person has been indicted charged with
a criminal offense.' The court point
ed out that the police asserted that inn
piled authority for their acts was 10
be found In two provisions OF the city
charter and In an amendment To- the
Penal Code adopted by the last legls-
latuie. The police commissioner was
thus required To make such rules, or
ders and regulations as might be rea>
sonably necessary 10 effect a prompt
and efficient exercise OF an powers
conferred upon him by law. But II no
power was conferred upon him by law
In this regard, any rule he might pro-
mitigate respecting the same was ut
terly void The exercise OF any such
extreme police power as ls here con-
tended for continued the justice Is
contrary To the spirit OF Anglo saxon
lihoity The construction cnnteuded for
by the police department Is in direat
conflict with the provisions Of the char
ter itself which makes Il the duty uf
every member Of the police force, UNI
der the penalty OF a fine or dismissal
from the force. Immediately upon an
arrest TO convey the offender not TO
police headquarters 10 he photographed
and measured. but before the nearest
sitting magistrate, that he may be
dealt With according 10 law
Following this, many authorities were
cited IN the published comment on the
opinion. In several Of them various
reasons are presented both why the
police power should exist, ana docs
exist, and reasons exactly 90 the COM
trary. The summary OF an opinions IN
the various cases is, however, accord
ing 10 the opinion Of Justice Burr, that
ION principle a. well as authority Il
would seem thai tho police should not
be allowed 10 take photographs until
after The conviction OF the accused IN