Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-02-23
Mallory Ruling is Hit
In Virginia, Maryland

Inere must be time Tor a re-
enactment. where needed. to
convince both the police and
the courts that the man is tell
ing the truth. can visualize
that this Just about eliminates
our opportunity to question
suspects picked up in the Dis
trict."
PRINCE GEORGES COUNTY
States Attorney Blair H.
Smith said: I'm very thankful
that the Mallory decision is not,
being followed in the States. |
Our courts are very meticulous
about making sure that the
confession is voluntary but
they'd never throw out a con-
fesSion Just because a prisoner
was held 7l2 hours. l use a |!
confession every time can
get one. We're going to keep on
questioning suspects until our
Court of Appeals tells me we're
not supposed to and l hope
that never happens.
Chief George j. Panagoulis-
THE Mallory decision would
make it extremely difficult, if
not absolutely impossible, to
solve many of our crimes. This,
of course. is due to the fact
that most crimes are committed
when no one is present to OBJ
serve their commission We
must then question SUSPECTS
who either in the past have
committed crimes with the
same modus operandi or per-
sons who were In the vicinity
OF the crime at the time it was
committed If it we're impossible
to question these suspects he
fore arraigning them. We would !
find it virtually impossible toI
obtain evidence sufficient for
conviction. If the District picks |
up suspects wanted on both
sides of the line. it Will cripple !
us because they will have to be
arraigned before We have a
chance to question them"
FAIRFAX COUNTY - Com
monwealth's Attorney Robert
Fitzgerald said: Our test is not
how long a man is held but
whether his statement is VOL
untary. Police are supposed to
tell a suspect he doesn't have
to make a statement and they
are to take him before the
justice of the peace as soon as
they charge him. But even if a
person were unlawfully ar
rested and everything else were
wrong in the procedure. the
confession would be admitted at
his trial as long as the confess
sion is voluntary. With the
police. the Jail and the justice
of the peace all in the same
building. the defendant is avail
able for questioning as long as
he consents after he appears
before the justice of the peace.
Usually. the case is completed |
with re-enactment and written
statements after he appears be-
force the justice of the peace.
We have adequate safeguards
here. We protect the accused's |
rights We don't grant him I
privileges.
Chief William L. Durrer-l
Half our cases are made on !
questioning and confessions If
we couldn't interrogate before
We charge. we'd be running into
what the District has now. We
don't have to worry about time.
ALEXANDRIA-Police Chief |
Russell A. Halves said: THE
District has been letting us
come in and interrogate their |
prisoners at headquarters after |
they clear up their cases. That's |
probably taboo now.
THE only way police can
cope with modern crime is
through interrogation. These
fellows don't let people see
them commit crime. If police
are denied the right to interro-
gate, their efficiency is cut IS
per cent. What Washington is
getting in the way of increased
crime. is only a small part of
what it is going to get. The
best police department in the
world can't cope with the con-
ditions under which police in
Washington are now operat-
ing. Police work is discouraging
at best but when a policeman
does a tremendous amount of
work and sees the defendant
walk out of court on whisper
of a technicality. it's bound to
have demoralizing effect"
ARLINGTON COUNTY-Po-
lice Chief William G. Fawver
said: I'VE are seriously con-
cerned that we won't be able to
question suspects arrested in
the District for District crimes
but also wanted for crimes in
Arlington. Obviously, if District
police can't question their own
suspects, why should we be per-
mitted to? We question sus-
poets before and after they APP
pear before a committing mag
istrate. We need questioning
to get physical evidence and
clear up details. I don't know
how anybody can hope to get
anything at all without ques-