Evening star. [volume] (Washington, D.C.) 1854-1972, 1955-12-21
Continued From First Pag,

tiles here and elsewhere was
rated as the greatest handicap
to effective control Of the
problem"
The committee said it was re-
straining itself on recommend
ing huge OUTLAWS "for we recog-
nize that the drug problem is
but one of the pathologies that
beset the community. and that
utopia is impossible.
Nevertheless, the committee
reported:
Quite obviously. it is evident
the District needs a narcotic
farm type of institution some
where near the city for the long
term rehabilitation of addicts,
after they leave the District Cen
eral Hospital area following
withdrawal treatment"
Enforcement Tools
Here are specific findings and
recommendations of the COM
mittee:
The Federal rules of criminal
procedures now provide that the
United States Commissioner will
issue warrants on probable
cause" for daytime searches but
the policeman seeking a warrant
for a night search must show
positive proof that an offense
has been committed.
This example was cited to
show how the rule hampers
police work:
Police officers obtain advice
from an informer that a certain
party who entered the city at a
particular hour had on his per-
son a large quantity of narcotics.
The police officers had reason
to believe the informer but could
not say with positively that the
informer's claim was true.
II the supposed peddler does
enter the city and goes to a resi-
dence and if it is after dark, the
police officers or Federal agents
cannot obtain search warrant
on that residence because they
cannot swear to an affidavit that
positively states he has carried
narcotics into the establishment.
The fact that the peddler usu-
ally carries narcotics in this
fashion and at this time is not
sufficient to obtain a search war
rant"
II the rule were less rigid. the
committee argued. the police Of
f1cer could get a warrant on
probable cause.
Decrease Rigidity
The committee recommended
that the Federal rules be amend
ed so that probable cause would
be sufficient TO obtain a search
warrant for day or night
searches. The committee ALSO
recommended that the District
Code likewise be amended tol
decrease the rightly" of search
and seizure requirements.
When an agent or policeman
armed with a search and arrest
warrant goes to a place to make
a search. he now must knock on
the door. state who he is, why he
is there and that he has a war
rant. While he is giving his ex-
PLANTATION, the committee re-
ported. those inside have enough
time to get rid of the evidence.
The committee recommended
that Federal law be changed to
permit the policeman to knock
on the door and enter at once,
displaying the warrant as he
goes, thus delaying momentari-
ly the full identification before
entrance as now required.
The committee also urged
amendment of" the Districts
Omnibus Crime Law to permit
searches and arrests without a
warrant if a policeman has
probable cause to believe the
suspect is carrying narcotics.
The law now permits such ar
rests for possession Of numbers
slips and implements of crime"
1T appears" said the COM
n1ittee, that at the time this
legislation was drawn that mar
cotics and allied substances had
not impressed legal craftsmen
with their diabolical impor-
lance"
Prosecution Tools
IT, Where a District Court judge
grants a defense motion before
trial to suppress evidence, there
is considerable confusion" as to
whether the Government has the
right to appeal from the order
of suppression. The committee
found 1t mot at all unusual"
that when a District Court judge
suppresses the evidence, the
Governments case is emasculated
and has to be dropped.
1.-THE committee feels" said,
the report, that where the.
effect of a pre-trial order is to
virtually prevent the Govern
ment from going to trial, the
Government should have the
right to appeal. The defendants
rights are well taken care Of
under existing legislation while
we think the Government Is
shorn of proper protection"
A change in Federal law to
assure the Governments right
of appeal at the pre-trial stage
was recommended.
Control of Synthetic Drugs
Although police believe the
barbiturates sleeping pills. and
amphetamines thrill pills. are
as dangerous and habit-forming
as opium and its derivatives,
they are not covered in District
laws.
Police now cannot charge sus-
pected peddlers of these syn
thetics with illegal possession
and If they are actually caught
selling. the ofenSe is classed as