Evening star., 1963-01-10
District Acts to Stop
Investigative Arrests
March IS
Bon Set;
Law Asked
BY MIRIAM GUTENBERG
Star staff Writer

The District Commissioners
today ordered a March is halt
to the police practice of arrests
for investigation.
At the same time, they ap-
proved proposed legislation set
ting up a new procedure for
questioning persons without
arresting them.
Under the proposed legisla-
tion, police could get court ap-
proval to question persons for
up to six hours after they have
been warned of their right not
to testify against themselves.
The double -barreled action
today follows months of con-
troversy. On the one hand,
police asked for a method al
lowing them to question sus-
poets and sort out the innocent.
On the other hand, a Com
committee headed
by Charles A. Horsky advocated
the immediate diScontinuance
Of arrests for investigation as
a violation of constitutional
rights.
Action Is Mandatory
The Commissioners deferred
until March Is, the date of the
order to give Congress time to
act on proposed legislation.
Commissioner Walter N. To-
briner said later. however, that
the ban was not contingent on
congressional action and would
go into effect, regardless Of
what Congress does.
The two actions - the ban
and the approval of proposed
legislation-were coupled, how
ever, in the Commissioners
announcement today.
The Commissioners said that
with the approval of proposals
to strengthen the old material
witness law and to provide for
the subpoena of witnesses who
may later become defendants,
the board was ordering that
beginning March Is, no arrests
can be made unless police have
probable cause to believe the
person committed the crime.
The Commissioners acted in
the face of certain Congress
sional pressures to maintain the
status quo, or not to make
changes while Congress was in
recess.
Weigh Congress Action
In proposing the legislation
forwarded to the Budget Bu-
reau. the Commissioners noted
their awareness that Congress
might seek some other solution.
They said the order was de-
ferred not only for these legis-
lative proposals but for possible
Congressional action on any
other measure that might be
as an adequate substi-
tute for previous police prac-
tices.
The Commissioners state
ment said the order banning
for investigation should
not involve a "crippling read
justment." They listed such
as l03 in July, "a in
88 in September, los
In October, 10 in November and
66 in December.
They also quoted the Horsky
report as saying that more than
so per cent Of the arrests for
investigation could be justified
for probable cause. Thus, they
said, effective law enforcement
shoud not be hampered" as a
result Of the new order.
Back Police Integrity
The Commissioners expressed
confidence in the integrity and
good faith Of the police and
said they believed the proposed
legislation will realize the hope
of the chief Of police that
some alternative TO the present
practice can be worked out
which will permit such legiti-
mate and necessary investiga-
ton and questioning"
The proposed legislation deals
only with cases where police
don't have enough evidence on
which TO base a charge but
want TO talk TO people TO find
out who should be charged
with a crime.
The commissioner-approved