Evening star., 1948-01-05
Arrest Of Man Riding.
with Suspect Ruled
Illegal BY High Court
D. The Asseeio.sd Press

. -
Iy the Asseeietsd Press
The Supreme Court ruled Z to
today that OPA investigators and q
detective had no right to arrest and
search man they found riding in
an automobile with person sus-
pected Of black market activities.
The ruling, an important one in
the courts long series on. rights OF
officers to make arrest, set aside the
conviction of Michael Dire OF
Buffalo, the automobile passenger
on q charge of violating the Second
War Powers Act. Counterfeit gaso-
line ration coupons were found when
he was searched and he was SEN
fenced to year in jail and fined
800.
Justice jackson delivered the
majority's decision which upheld
DiRe's contention that his arrest
under the circumstances violated
the Constitutions guarantee that
"the right Of the people to be secure
in their persons, houses, papers and
effects against unreasonable searches
and seizures shall not be violated"
Vinson, Black Dissent.
Chief Justice Vinson and Justice
Black dissented.
Justice Jackson wrote.
"It is said that if such arrests
and searches cannot be made, law
enforcement will be more difdcult
and uncertain, but the forefathers,
after consulting the lessons Of his
tory. designed our Constitution to
place obstacles in the way of too
permeating police surveillance,
which they seemed to think was a
greater danger to free people than
the escape Of some criminals from
punishment"
The court also today:
Refused to rule on q Virginia law
which requires truck operators to
pay Virginia a tax on each gallon
of gasoline used in Virginia, even
If the gasoline is bought elsewhere.
A North Carolina trucking company
had asked the court to declare the
law unconstitutional.
Review Is Refused.
Refused to review an Alabama
Supreme Court decision which set
aside a $4,000 damage award the
Greenwood Cafe, Birmingham, won
in lower State courts against the
AFL Hotel Employees Union. The
cafe sued the union on grounds the
union called a strike without CIV
ing the cafe reasonably opportunity
to consider the unions demands.
Refused to review a decision by
the United States Circuit Court in
San Francisco which approved
claims by the California and Hawai-
ian Sugar Refining Corp. for pro-
cessing tax refunds which the Gov
ernment said totaled about $8,000,-
600. The taxes on processing of sugar
and jute were collected under the
Agricultural Adjustment Act of 1888.
The Dire -OPA case originated dur
ing the war when OPA agents were
tipped by man named Reed that
Frank Buttitta planned to sell coun-
terfeit gasoline ration coupons to
him. Two Investigators and Buff
falo detective saw Buttitta's car stop
at a street corner.
They found Buttitta at the wheel,
Dire beside him, and Reed in the
back seat with two coupons in his
hand. Reed said he got them from
Buttitta. The detective felt the
clothing Of all three to see If they
had weapons. The trio was taken
to police station. There Dire re-
lated that Buttitta had asked him
to go along on a. car ride. 49,.
Produces Two Coupons.
Dire was told to lay his posses
sions On i police station table. He
produced tow gasoline coupons
which he said he had found. Short
ly afterward he was searched and
100 counterfeit coupons were found
between his short and underwear.
The United States Court of APP
peals in New York threw out Dires
conviction on the ground the cou-
pons were obtained in an unlaw-
full search. The Circuit Court said
Dire's presence in the car did not
constitute probable cause for be-
lieving he was a part to an Illicit
coupon transfer between Butttta
and Reed; that, therefore, there
was no probable cause for his arrest
and the searches.
Justice Jackson said the appeals
court acted properly. He said that
no act of Congress lays down "a
general Federal rule for arrest with
out warrant for Federal offenses."
No act of Congress, he added,
"purports to supersede State law
and none applies to this arrest
which, while for a Federal offense,
was made by a State officer &C
companied by Federal officers who
had no power of arrest. Therefore,
the New York law provides the
standard by which this arrest must
etord or fall ~