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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