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June 30, 1976 - Image 6

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Text
Publication:
Michigan Daily, 1976-06-30

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Page Six

THE MICHIGAN DAILY

Wednesday, June :50, .I976

Page11.1 Si ... MICHIAN -AI-Y-e-ne-d-- Jun . ..

Jewelry Carved Gourds
Wall Hangings Panama Hats
baobab
FOLK ART GALLERY
123 W. WASHINGTON HOURS: Mon.-Fri.: 11-8
ANN ARBOR - 662-381 Sat.: 10-6

Seized business records
as evidence-Supreme

ji

WASHINGTON (R) - The Su-
preeme Court ruled yesterday
that authorities may constitu-
tionally search a person's of-
fice, seize his business records
and use them as evidence aga-
inst him.
The 7-2 decision held that this
does not require the person to
give testimony against himself
because he is "not required to
aid" in obtaining the evidence.
The dissenters said the decis-
ion made a "hollow guarantee"
of the constitutional promise
that "no person . . . shall be
compelled in any criminal case
to be a witness against himself."
In other action, the c ou r t
ruled that illegitimate children
are not entitled to the same
special protection under the Con-
stitution which it has previous-
ly extended to racial minorities.
The justices upheld by a 6-3
vote a federal law which re-
quires most illegitimate child-
ren claiming survivors' benefits
under Social Security to produce
documents, which legitimate
children ordinarily need not pro-
vide, showing that they were
dependent upon their fathers.
THE court ruled that this was
a reasonable means of carrying
out the government's legitimate

objective of determining depen-
dency without having to check
each case individually.
Dissenting Justices John Paul
Stevens, William Brennan a n d
Thurgood Marshall said this
kind of "administrative conven-
ience" was not enough to jus-
tify making such a distinction.
They agreed with a lower fed-
eral court that the government
had to show "a compelling
need" in order to support the
law, just as it would to justify
a distinction between the races.
JUSTICE Harry Blackmun
spoke for the court in b o t h
cases.
The Fifth Amendment guaran-
tee against self-incrimination
was invoked by Peter Andresen,
an attorney, who was convicted
on fraud in connection with the
sale of home sites in a Mary-
land suburb of Washington.
Andresen was sentenced to
eight years in prison. In his ap-
peal, he said his rights had been
violated because the prosecution
introduced as evidence docu-
ments and handwritten n o t e s
which investigators obtained
from his legal office under a
search warrant.
IN rejecting this argument,
the court observed that Andre-

SHE WAS SAID to be the big-
gest Old Glory ever.
She was 193 feet wide and 366
feet long, about the size of a
football field. She contained
3,000 pounds of nylon and cost
$75,000 to make.
Designed to billow proudly
across the cables of the Verra-
zano bridge while a host of tall
ships and warships moved up
the harbor for the nation's birth-
day next weekend, she didn't
even survive her trial run.
The huge banner, made by the
Hood Sailmakers Co. of Marble-
head Mass., and paid for by the
makers of Arm & Hammer prod-
ucts, was hoisted experimentally
Monday morning and gleamed
brilliantly for two hours.
Then a 10-mile-an-hour south-
westerly wind came along and
bit by bit tore her almost in
half.
George Schoepfer, head of the
Triborough Bridge and Tunnel
Authority, which operates the
bridge, said it was too late to
replace the flag before Sunday,
"so we'll just have to go with-
out one.
"I nearly started to cry when
I saw it breaking up."
:an be used
:ourt rules
sen "was not asked to say or
do anything."
The justices said he had vol-
untarily committed the seized
papers to writing and was not
required to help the investigat-
ors find them. At his trial, they
noted, the documents were au-
thenticated by a handwriting ex-
pert, not by the defendant.
"Although the Fifth Amend-
ment may protect an individual
from complying with a subpoena
for the production of his person-
al records in his possession . . .
a seizure of the same materials
by law enforcement officers dif-
fers in a crucial respect," they
said.
BRENNAN and Marshall dis-
sented in separate opinions.
Brennan said he could see no
meaningful distinction between
commanding Andresen to pro-
duce the records by issuing him
a subpoena and seizing the re-
cords from his office against his
will.
Brennan also said the warrant
under which the papers w e r e
seized was not specific enough.
Marshall agreed with this a n d
withheld judgment on the Fifth
Amendment question.
THE DECISION continued a
trend of the court in r e c e n t
years to retreat from a rule it
esablished 90 years ago that
"the seizure ofya man's private
books and papers to be used in
evidence against him" is not
"substantially different from
compeling him to be a witness
against himself."
In 1973, for example, the court
held that the Fifth Amendment
does not bar the issuance of an
administrative subpoena to a
taxpayer's accountant requiring
him to produce the taxpayer's
incriminating records.
And earlier this term, the jus-
tices ruled that a summons re-
quiring an attorney to produce
his client's tax records did not
violate the Fifth Amendment be-
cause it did not "compel the tax-
payer to do anything."
Rideau Canal, Southeast On-
tario, extends 126 miles be-
ween the Ottawa River and

Lake Ontario at Kingston. It
was built (1826-32) to connect
the St. Lawrence River to Lake
Ontarin.

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