CHULA VISTA STAR-NEWS
THURSDAY, AUG. 16, 1956
CHIEF OF POLICE Hits Law that Hampers Search for Contraband
Harry Smith, Chief of the National City Police Department, yesterday attacked certain laws pertaining to search and seizure, and California Supreme Court decision implementing the laws.
Some of the laws were passed in the 1870's he said at a breakfast meeting of the South Bay Optimists Club, and have not been revised since.
"It looks," he said, "as if the law were intended to protect the criminal instead of the law abiding citizens."
FREE DOPE PUSHER
The chief cited instances to illustrate his talk, including the time when his own department worked on the apprehension of a hit and run driver, and the resultant road block turned up a narcotics violator. The suspect was freed, Smith said, because the court held that under existing law, the lawmen had no right to search the car.
The chief cited instances to illustrate his talk, including the time when his own department worked on the apprehension of a hit and run driver, and the resultant road block turned up a narcotics violator. The suspect was freed, Smith said, because the court held that under existing law, the lawmen had no right to search the car.
Next time the department came across a dope case, Smith said, it obtained a search warrant, still lost the case, although officers turned up plenty of narcotics in a raid.
Although it is illegal to possess the stuff, the chief pointed out, when a suspect is cleared of charges against him by means of the search and seizure technically, the narcotics can be returned to him.
In addition, certain information must be stated in the application for a search warrant, much of which would not be known prior to making the search.
WARRANT STIPULATIONS
Smith listed the things to be included as follows:
1. Type of narcotic.
2. Statement that that type of narcotic is definitely in the place to be searched, and can be proved to be there.
3. Exact address, including room or apartment number, of place to be searched, even if it's in a large hotel.
4. Names of each person who will be in the place when the search is executed.
5. Statement that the persons obtaining the warrant are bound to return any drugs found that are not specifically stated in the warrant.
Smith listed the things to be included as follows:
1. Type of narcotic.
2. Statement that that type of narcotic is definitely in the place to be searched, and can be proved to be there.
3. Exact address, including room or apartment number, of place to be searched, even if it's in a large hotel.
4. Names of each person who will be in the place when the search is executed.
5. Statement that the persons obtaining the warrant are bound to return any drugs found that are not specifically stated in the warrant.
Smith told of one judge who commented facetiously that the problem could b e overcome by sending all officers to chemistry school and requiring a mobile laboratory to process the dope en route from the place where it was seized to the court, with any stop classed as an illegal procedure.
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