Word: arresters
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Dates: during 1960-1969
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During the numerous street demonstrations that violated a city ordinance against parading without a permit, Lackey always put off arresting demonstrators as long as he could. While city officials clamored for him to make arrests, he told a reporter, "You know I don't want to arrest them. They're just kids, some...
Once, when state troopers prevented marchers from picketing on the capitol sidewalk, Lackey buttonholed a reporter and said, "If they stay in the street I'll have to arrest them. Do you think there's any chance of reasoning and persuading them to use the sidewalk across the street...
This amounts to "investigative arrest" -already widespread in many states. But knowledgeable lawyers say the practice may flunk a Supreme Court test. As a compromise, New York's new "stop and frisk" law imitates the Uniform Arrest Act-except that suspects may not be detained if the frisk or questioning fails to yield probable cause for actual arrest...
Before the stop and frisk law was passed, a thief could sometimes beat arrest in New York even if a cop caught him carrying concealed loot-unless the cop reasonably believed beforehand that a theft had been committed. But even the new New York law is not necessarily constitutional. If detention really means arrest, then it must meet the standards of probable cause. And recent Supreme Court decisions indicate that state courts must exclude evidence seized during searches accompanying arrests made without probable cause. In short, a search cannot be justified by its fruits alone...
...redress the balance, the court may devise more relaxed standards. As the court said in 1960: "What the Constitution forbids is not all searches and seizures, but unreasonable searches and seizures." As an instance, the court in 1963 upheld the right of California police to make an arrest and search after they entered a narcotics peddler's room with a passkey but without a warrant...