The Michigan Daily - Friday, July 6, 1984 - Page 7
Court weakens 'exclusionary rule'
WASHINGTON (AP) - The Supreme
Court yesterday, concluding its 1983-84
term, weakened a rule aimed at
deterring police misconduct by
allowing evidence seized by authorities
with defective court warrants to be
used at criminal trials.
The 6-3 decision marks the first time
since 1914 that the nation's highest
court has narrowed the "exclusionary
rule" to permit exceptions based on the
good faith of police officers who
believed they did nothing wrong.
THE COURT said that when judges
or magistrates make mistakes that
violate a defendant's rights - and
police reasonably rely on those court
actions - the exclusionary rule
generally should not come into play.
"The marginal or non-existent
benefits produced by suppressing
evidence obtained in objectively
reasonable reliance on a subsequently
invalidated search warrant cannot
justify the substantial cost of ex-
clusion," Justice Byron White wrote for
the court.
But one of the dissenting justices,
William Brennan, was sharply critical
of the decision. "It now appears the
court's victory over the Fourth Amen-
dment protecting against unreasonable
police searches and seizures is com-
plete," Brennan said.
ALTHOUGH THE decision is
limited to those occasions in which
police get court warrants, its wording
could lead lower courts to apply it to
situations in which police acted in the
reasonable - but wrong - opinion that
no warrant was needed.
Evidence seized in such warrantless
searches someday also might come
under the good faith exception created
yesterday.
But even in its limited form, the
decision marks a major victory for the
Reagan administration and law enfor-
cement agencies nationwide that for
years have blamed the exlusionary rule
Draft-aid link is upheld
(Continued from Page 1) wealth, sex, and race. Dorcy said he did
chantment because of the added not deal heavily with the discrimination
paperwork involved," he added. Daane argument.
said the University did not address the CHIEF JUSTICE Warren Burger, in
constitutionality of the amendment, his opinion for the court, rejected the
which was the sole basis for the self-incrimination argument saying
Supreme Court decision. that no student is compelled to apply for
James Dorcy, the attorney for the financial aid.
Minnesota Civil Liberties Union, said "A person who has not registered for
the law was unconstitutional on three the draft clearly is underno compulsion
points. First, that the law is an uncon- to seek federal aid," Burger wrote. "If
stitutional "bill of attainder" or a law he has not registered, he is simply
that legislatively determines someones ineligible for aid."
guilt and assesses punishment - such Burger also disagreed with the billof
as the loss of federal aid - without attainder model, saying that normally
giving that individual a trial. bills of attainder imposed harsh
Second, Dorcy said the law is penalties, and even death. He wrote
"government-compelled self- that this law "imposes none of the bur-
incrimination." and third, that the law dens historically associated with
discriminates on the basis of age, punishment."
* Union approaches s
(Contiuedfrom Page .3) shop will enter the cutthroat com-
banking machine at the Union. petition for student coursepacks.
Pronto Copying and Typing is ac- ANOTHER BONUS for late night
tually a combination of two local term paper writers will be extended
businesses which have joined forces to hours for the typing service, especially
lure the elusive student market. on Sunday.
Kolossos Printing and Central Campus "Our office at the Union will be for
Typing both hope to cash in on the the quick typing jobs which need to be
Union's excellent location. done the next day," said Mary Preston
The owner of Kolossos Printing, Nick of Central Campus. Typing. "We'll only
Arhangelos, cited his new store's put a minimum rush charge on papers
"quality and location" as the key to a because we want to retain customers
booming business without the need of for the future tasks like theses and
advertisements. Also the new printing dissertations."
Heart patient showing signs
for letting criminals go free on tation proceedings for illegal aliens.
technicalities. *.Declined to review California court
"I loved it," President Reagan said rulings that could force the Boy Scouts
when asked what he thought of the to let a homosexual Eagle Scout par-
whets ln g ticipate in scouting as an adult volun-
court's ruling.
In other decisions, the court: teer.
" Ruled that the government lawfully The exclusionary rule, first fashioned
may deny federal aid to male college by the high court in 1914, plays a part in
students who fail to register for the only a tiny fraction of all criminal
draft. The court's 6-2 ruling upheld a cases. Nonetheless, it has become a
1982 law challenged by Minnesota political lightning rod for "law and or-
students. der" forces.
" Used cases from Pasco, Wash., and "Today's decision gives the.
San Mateo, Calif., to rule that the ex- American people a result we have
clusionary rule does not apply to depor- sought fornsome time," the Justice
Department said.
Court rules for handicapped
WASHINGTON (AP) - The Supreme The court said that the service, while
Court ruled unanimously yesterday related to a medical problem, is
that public school officials must ad- relatively simple to administer and
minister a special procedure for a han- does not require the supervision of a
dicapped child who is unable to urinate physician or a nurse.
by herself. THE COURT ordered school officials
in Irving, Texas, to provide the service
to Amber Tatro, 8, who was born with
the disease spina bifida which prevents
her from voluntarily emptying her
bladder.
Such services "that permit a child to
remain at school during the day are no
less-related to the effort to educate than
are services that enable the child to
reach, enter or exit the school," said
Chief Justice Warren Burger for the
court. 4
But in a related opinion, the court
denied legal expenses to those - like
Amber's parents - who win suits to
force school officials to provide
education or school tuition for the han-
dicapped.
Voting 6-3, the justices said those who
win such cases are not entitled to
recover attorneys' fees under a federal
civil rights law or a separate 1973 law
that outlaws discrimination against the
Burger handicapped in any program receiving
... says services are needed federal aid.
hopping-mall look
Great Places Travel will move into provide convenience for air travel at
the ground floor knowing its bid for any time of the year."
space was just barely enough to win out Plans for the new bookstore are still
over the more established travel agen- rough with the tentative date for its
cies in town. Fred Sanchez, owner of opening not until early October. The
Great Places, concluded that adver- Union has agreed to move out of some
tising just wasn't enough to attract of its office space to give more retail
those students flying home for the space to the New York firm.
holidays. Both Sun Photo and O'Hair Hair
"The University community is so Styling declined to discuss their plans
hetrogeneous that our attempts to plan for their new establishments in the
group trips at spring break and Christ- Union.
mas just didn't work out," said San-
chez. "Our newsite at the Union should
Stanley H. Kaplan
of rejection The Smart
transplant patients, is being treated -
esigned to reduce the chance of organ C
cyclosporine, a new drug which is*a
ncreased success rate in transplants.
s are adjusting the levels of the drugs
mbat the signs of rejection. PREPARATION FOR-
ersity's second heart transplant patient MCAT GMAT GRE
as resumed recently. The transplants MAT
ne years because of the low success 9v'" For lnorm oti -
Plese Cll
39-year-old Detroit area accountant, KPIN 669 -149
and is expected to return to work later CENAI 203 E. Hoover
Ann Arbor, MI 48104
(Continued from Page 1)
"THIS SEAN whom we knew was already gone from the
body that housed him. He no longer needed the shell that we
were mourning over. If some part of that body could give
another child even an extension of life, that recipient might
be able to enjoy life as Sean had," the boy's father said.
Sean is the youngest known heart donor.
The boy's liver, kidneys, and corneas were also removed
for transplantation. A medical team from Tennessee
removed the liver and implanted it in a patient in Tennessee.
"Our hope is that by having a part of Sean inside them, the
various recipients will have at least the three short years
Sean had, and perhaps a lifetime full of love and enthusiasm
for life. Sean would have wanted it that way," the boy's
father said.
The girl, like other
with several drugs do
rejection, including
responsible for the ii
Woodford said doctor
the girl receives to coo
The girl is the Univo
since the procedure w
had not been for nit
rate.
The first patient, a
went home last month
this summer.