Evening star., 1954-01-12
Use Of Illegal
Evidence by ;
CountiesUphe|d
Supreme Court Rules
For Bouse Act in
Anne Arundel Cose
BY Robert K. Welsh

~ NV0Sss W. VV9sSU
Maryland's 1851 amendment
to the Bouse Act stood on the
strongest possible legal ground
today as a result of a Supreme
Court ruling that three counties
may properly use Illegally OBJ
tanned evidence in some gam
bling cases.
The Bouse Act. passed by the
State Legislature In 1929, adopt
ed a Federal practice banning
illegally obtained evidence in
State court prosecutions of mis-
demeanors. But the 1851 amend
ment allowed Prince Georges,
Anne Arundel and Wicomico
Counties to use such evidence
obtained by illegal search and
seizure in prosecuting certain
gambling misdemeanors.
The case decided by the Su-
preme Court yesterday dealt Spe-
cifically with Anne Arundel
County. Nevertheless it applied
to all three counties by holding
that enactment of the 1851
amendment does not violate the
Federal Constitution.
Raid without Warrant.
Julius Salisbury attacked the
amendment, after he was con-
victed on a bookmaking charge
IN that county. State authori-
ties admitted Salisbury was ar
rested when county police. with
out a warrant, used an ak to
break into a garage near Balti-
more in 1852. He ws sentenced
to six months in jail and fined
81. 900.
The Salisbury case held par
tlcular interest in this area be-
cause the 1851 amendment grew
out Of a State legislative effort
to help the District, Baltimore
and the States Eastern Shore
area in a drive against wide
spread gambling activity.
Justice Burton wrote the opin-
ion. Justice Reed did not parti-
cipate, Justice Douglas, in dis
declared:
II am still Of the view. ex-
pressed on other occasions, that
the l4th and fourth amendments
preclude the use, in any Grim
inal prosecution, Of evidence OBJ
tanned by the lawless action of
police officers who. In disregard
OF constitutional safeguards ram
sack houses or places Of business
without search warrants issued
under the strict surveillance
which the Constitution COM
Curbs on Use Noted.
Justice Burton noted that the
1851 amendment allowed three
counties to do what others in
the State could not do. He OBJ
also that, even in Anne
Arundel County the law still pro-
hibitS use of illegally seized evi-
dence in some other types of
misdemeanor cases.
The 1851 amendment, how
ever. lis within the liberal legis-
lative license allowed a State in
prescribing rules of practice"
Justice Burton wrote. He added
that State has especially wide
discretion in prescribing practice
relating to its police power, as in
the case here"
AS to SalSburg's complaint that
the distinctions between Mary
land counties deprived him of
equal protection of the law, Jus
tice Burton stated:
The equal protection clause
relates to equality between per-
sons as such. rather than be-
tween areas There seems to
be no doubt that Maryland could
grant home rule to each
OF its % counties and to the
city Of Baltimore to determine
this rule Of evidence by local
option. It is equally clear. al
though less usual, that a State
legislature may itself determine
such an issue for each of its
local subdivisions. having in
mind the needs and desires of
each. Territorial uniformity is
not a constitutional requisite.
Rights of State.
The presumption of reason
ableness is with the State. While
the burden Of establishing the
reasonableness of the legislation
was not on him, the attorney
general of Maryland has sug-
gested here several considera-
lions bearing appropriately upon
the action Of the General Assem-
ply. Maryland lies largely be-
tween the metropolitan centers
of Baltimore and Washington.
Between them are Anne Arundel
County and Prince Georges
County. Those locations suggest
that. in matters relating to con-
centrations Of population, the
State government might well find
reason to prescribe. at least on
an experimental basis. substan-
tive restrictions and variations
m procedure that would differ