Evening star., 1962-12-27
Investigotive Arrest

stead OF arrest without q
warrant" A simple tele-
phoned query to police head
quarters, do you have a
warrant when you make an
arrest for investigation'P"
elected the clarifying reply:
mo"
To the next question,
Cant you get a warrant
after you take the suspect
IMP" the answer was: mo.
The warrant must be in hand
before the arrest or seizure
in order to satisfy the Fourth
Amendment"
Now by calling the police
practice by its proper name,
arrest without a warrant"
and accepting the fact a war
rant cannot be issued ex post
facto, a solution applicable
only to arrests or seizures
outside a suspects home how
ers on the horizon: Is it not
possible to enact appropri-
ate legislation for the District
of Columbia requiring the ar
resting officer to go with
his prisoner to a magistrate
or judge Immediately and re-
quest q document contain
ing all the safeguards and
limitations Of a warrant but
with a different name and
with additional specifications
which must have been met
before the arreSting officer
made the arrest of the sus-
pect2 If the magistrate or
Judge refuses the document
the prisoner would immedi-
ately be released and suffer
no abrogation Of his rights
under the Fourth Amend
ment of the Constitution.
1t would probably be neces-
Sary to have one or more
24-hour courts in the Dis
trict: the expense of such a
court would be one Of our
easiest tax burdens and
might eliminate Govern
ment by Whim," as another
newspaper describes the pres
ent practice.
At its December l3 meet
ing, the Federation Of Citi-
zens Associations Of D. c.
tabled a proposed resolution
supporting continuation Of
arrests for investigation,
but from the extended dis
cuSsion it was clearly evident
that the representatives Of
citizens groups are by no
means finished with this
grave problem. We want nei-
ther government by whim
nor by criminal.
Obviously I have omitted
from this brief letter a null
titude Of procedural hurdles
which must be adequately
solved by legislation to cor
rect the present practice of
arresting without warrants
and at the same time pro-
tect society and the indi-
vidual human being from
harm or death by another
human being.
We can get nowhere to-
ward a solution unless our
legal minds can draw UP a
simple specification TO guide
the arresting officer when he
is in a situation where he
did not see the felony COM
mitted but sees enough 10
cause him TO feel or de-
termine 1t is imperative to
stop the person Immediately.
lest the person disappear
from the scene OF the crime.
And there you have the ques-
ton: Is everyone at the
scene OF the crime suspect7
Perhaps the answer is YES"
Just as the riders on that
bus we're morally responsible
for not intervening TO help
the driver when he was at
tackled and for not helping
the policemen when they
finally arrived. As I recall.
only one young boy tried 10
describe the attackers.
Sue CIeEE.
-
II is with dismay that I
read Of certain groups in the
District pressuring for the
discontinuance OF "investi-
gative arrests" What are
these people thinking OFF Are
not the police shackled
enough In their work de.
Mallory Ruling) without
having further roadblocks
thrown at them7 It's about
time the thinking citizens ap-
piled some pressure also.
Everyone In the Metropoli-
tan Area should write 10 the
District Commissioners and
let II be known how he feels
about this matter.