Word: brennan
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...Orleans' Brennan's, no brunch is complete without grillades and grits-peppers pounded into a veal round, then cooked in a Creole gravy. The Rainbow Room, atop Manhattan's R.C.A. Building, has taken to serving hot Bloody Mary soup, which is both tasty and the most ingenious way yet of dispensing liquor before the legal 1 p.m. Sunday starting time...
...hold that the Constitution does not forbid the states minor intrusions into an individual's body under stringently limited conditions," said Justice William Brennan, speaking for the slim 5-to-4 majority that was obviously determined to defend the court's earlier admonitions to police, urging them to make more use of scientific crime-detection equipment. For that was just what a Los Angeles policeman was doing after a 1964 auto accident, when he caught a whiff of booze on Armando Schmerber's breath and ordered a doc tor to give Schmerber a blood test, even though...
Ample Reason. But what about Schmerber's contention that the whole procedure abridged his Fifth Amendment right against self-incrimination and his Fourth Amendment protection against unreasonable search and seizure? The Fifth, answered Brennan, only prohibits "the use of physical or moral compulsion to extort communications" from a person. It does not exclude the "body as evidence when it may be material." Lie-detector tests, Brennan went on, might very well be improper because they involve questioning and verbal testimony...
...Fourth Amendment, Brennan said simply that all searches and seizures are not prohibited-only those "not justified in the circumstances" or "made in an improper manner." In this case, he said, the policeman who ordered the blood test had ample reason to believe the defendant was drunk. Had he taken time to get a warrant, the evidence might have vanished. Besides, the blood was taken in a hospital, under hygienic conditions...
...behalf of Dissenters Earl Warren, William Brennan and Abe Fortas, Justice William O. Douglas argued that the defendants in the Greenwood case should also have been allowed removal. The federal courts can and do eventually overturn unjust state decisions, he conceded, but such ultimate vindication, he added wryly, comes only if defendants "persevere, live long enough, and have the patience and the funds to carry their cases for some years through the state courts to this court...