Evening star. [volume] (Washington, D.C.) 1854-1972, 1962-07-29
Aroused Senator

Aroused Senator
We would like to believe that Sem
ator Robert Byrds vigorous expression
OF concern over the crime problem in
Washington will lead to some useful
results. After several years in the front
lines OF this battle, however, we are
Skeptical.
As chairman of the subcommittee
handling the District budget, the West
Virginia Democrat is an influential man
in District affairs. When he speaks,
especially when he speaks emphatically,
the District Commissioners must and
do listen. Nevertheless, when Senator
Byrd, in effect, warns the Commissioners
not to ban arrests for investigation,
ban recommended recently by an ad-
viSory committee of three eminent law
yerS, we think he has taken the wrong
trail in search of desirable result.
Senator Byrd, after "categorically"
stating his "unalterable" opposition to a
ban on arrests for investigation, went
on to say: There is too much Solicitude
for the So-called rights of criminals and
too little for the rights and welfare of
their victims" We agree, and we think
the vast majority of law-abiding resi-
dents of this city agree.
The fact is, however, that most
persons arrested for investigation are
not criminals. According to the report
Of the Commissioners committee, ar
rests for investigation in 1861 repre-
Sented less than per cent of total
arrests in the District And of the less
than l per cent who were booked for
investigation, 94.3 per cent were re-
leased without being charged. Presum-
ably they were innocent. Yet all of them
now have police record" which can
be embarrassing to them in the future,
although there was not enough evidence
to charge the overwhelming majority
with any offenSe. Furthermore, the
three lawyers on the committee advised
the Commissioners that arrests for
investigation, as presently practiced in
the District of Columbia, are not sane
toned by any District statute, and are
in violation Of the constitutional rights
of persons thus arrested" If this is cor
rect, we do not see how the Commits
SionerS can continue to permit or con-
done arrests for investigation.
This need not mean, however, that
Police Chief Murray was right when
he told Senator Byrd that a ban on
investigation arrests would "just about
put us out of business"
Arrests can lawfully be made on
probable cauSe"-Some prudent rea-
son to think that the arrested person
committed a crime-and in something
like half of the investigation arrests in
1861, the element of probable cause was
present. The police also have other tools
which might be used more effectively.
The big stumbling block, from the
police point Of view, however, is the
Supreme Courts Mallory decision, which
held that criminal suspect arrested
on probable cause must be arraigned
without unnecessary delay" The ram
ifications Of the meaning Of this case
reach from here to the moon. But for
practical purposes it means that the
police, even though they arrest on
probable cause rather than for inveSti-
cation, have very little opportunity to
AlOC4IOBdIC OuoPCCG. IL GI1CIG Is oil
appreciate delay in arraignment, any
confession or other evidence, no matter
how valid, obtained during the illegal"
detention cannot be used at the trial.
Congress, by providing for "rea-
Sonable" delay in arraignment- is,
brief delay which would enable the
police to question a suspect and then
check out his story-could kill two birds
with one law, the investigation
problem and the hampering conse-
quences of the Mallory decision. Such a
bill was passed overwhelmingly in the
House few years ago, and would have
passed the Senate had not single Sen
ator threatened to filibuster against it
in the closing hours Of that congress
Sional session. It is in this area, how
ever, that the best remedy for the Dis
trict'S criminal investigation problem
will be found, and we heartily commend
it to Senator ByrdS attention.
TRAVELLING With Grondnon