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Abilene Reporter News: Monday, November 25, 1974 - Page 1

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   Abilene Reporter-News, The (Newspaper) - November 25, 1974, Abilene, Texas                                1974 PAGES IN THREE SECTIONS. 15''. Cents v Ready to Move In .An Abilene police officer notifies narcotics agents -run.-Patrolmen oflen aid in arrests at the site'where a that.he lias received their on the warrant is executed "by1 Special Services IJnreau. officers. nearby residence where a search warVaiit-is lieirig (Staff Photo by John. Most Searches Without Warrants By KITTY FUJEDEN Iteporliir'NcH's Staff Writer. While both lawyers and judges- agree that few cases based on search -warranls are (brown -out of Abilene, Die great .majority of searches -are conducted 'jvilhout- estimates': not from figures, but- froni a "feel" of the cases "less Ihan three per cent, probably, less liian one per, of all searches arc-conducted on warrants. It is these warrantless searches' comprise the crux of ttic con- troversy surrounding scarch-and sei- zure 'procedure.' Taylor County Judge Lynn. Ingalsbe, who issues" many search says, "It depends 071 what class of people you're" talk- ing a.boiit." as io whether or not most, individuals arc aware of their rights in the course ot a search. "IF YOU'RE talking about the av- erage John 'Doe who, doesn't get in trouble with the law, I don't know if he is. aware of his he said. But Ingalsbe said he believes most persons are frequent violators of I he law. are very aware of Iheir rights. Although as the district -attorney puts it, "you can't make a detenni- nalion without looking at all Ihe cir- the basic facts on warrantless searches follow: .An individual does not have lo allow a search of his residence wilh- -out .a. warrant. ..However, In most incidents involving car.searches, Ihe' individual usually has no choice, Judge Newman says. He explained a car sqarch usually results from the officer's own ob- servations which he must affirm Second of three stories gave him "probable cause." This includes the officer's Witnessing a criiiid commilled (including a i'r'jiff-. ic .violation) ..contraband, .in .plain otherwise jdelectible' (such .of suspicious movement from the indi-. vidual, indicating a possible viola- tion. DB'IVF.R dr iiic car resist" "search without causing harm.to.himself or. Hie officer, the situation, if there is of.'probable cause, would have to be'settleil in court, Newman said. .officer .has the right lo search a subject and the immediate vicinity for weapons in the course of an arrest, whether Ihe violation is shoplifting! or intoxication.1. Other contraband seized'in coiirse of the search for weapons.- Bul Paynter points out, "if the underlying cause for the arrest is insufficient, what is seized can'l be used" to convict the suspect. !A police officer-.may obtain written or.oral consent to'search a residence, only by a person in con-, trol of the. premises. Landlords tic not have the right .to give consent to search the. nf one of their nor does a .visitor jo'the residence.' Sgf. Larry Faults, who heads Ihe Special Services Bureau.-says his of- ficers usually try to get'written con- sent because it holds up better than 'oral consent in court. Judge Ingalsbe notes it: iii ay be the resident's word against.the offi- cer's if Ihe individual denies giving oral consent. But more often, the individual may say coerced- into allowing search, claiming the officer-stilted he could ;i warrant later-if the search wasn't allowed immediately. Ingalsbe said whether such a plea coercion'holds iip .in! court "de- pends on the and .wljo the' judge or. officer ;s-.ri0i-.: obligiiled .to'; inform a citizen .that her does' riot have'to. submit to a search'without a warrant., In'other words, Athene are .no rights concerning the search it- self of. which the individual must be informed. INGALSBE SAID this question has been on appeal several limes" but has not held up. --Finally, an' individual has the ..Constitutional right "to in his home." -Newman said that under very special circumstances a case of "justifiable homicide" could re- sult from: :i sloppily handled situa- tion where police barge into a room, guns drawn, and fail lo identify themselves. He pointed out such a situation would be "very limited" and would be'judged entirely''on its own cir- cumstances. The no-knock law which-applies lo federal agenls and ;allows them ;o enter, a home and conduct a search without immediately identifying themselves has -been called up ior repeal by a voice vote of the House of Hcp'rese'ntalives. Any changes could affect method of used'by lo- cal "officers, authorities say. 1 Dist. :Alty. Paynter notes that as the law stands now, is no consideration" for the person who is to be .searched only in getting the authorized search cloned Tomorrow: How Police Search. ANTAR '.'Associated Press Writer .TUNIS, --Tunisia r F-o Paleslinian' hijackers threatened'to'blow theni- selves up in a'Brilish airliner together with the three-man crew and seven ransomed Arab guerrillas surrendered today and were taken inib cus- tody by Tunisian authorities. The hijackers left the plane after the Tunisian government announced it was granting Ilieiii asylum. But.Foreign Minister Ilabib Chattl''said, his 'government .liad only..'.'verbally accepted" (ho hijackers', condition that. I hey should not be-turned over to Uie Palestine Liberation Or- ganzation, which- condemned the hijacking. "There, was no agreement, even less any writlen condi- tions or a he said. The hijackers letl Ihe plane with the other terrorists who had been flown to Tunis from Egypt and the Netherlands as ransom for the plane and four dozen hostages aboard. They used Ihe three crew- men as shields when they walked out and laler turned them over unharmed, to Tu- nisian ollicials. The hijackers had .killed one hostage oil Saturday and had freed.all'Ihe rest, except for the crewmen, by Sunday. The pildl, 53-year-old James Futcher, said he had feared Ihrougliout the night that the Palestinians would- Ijlow up llie plane at any moment, lie said Ihey had hand grenades" to a sin- gle; touch.. :.'lfe'Said: theriij if yon blow us up, the whole" world, condemn 'you and your cause, but if you arc" more reasonable 'and save human lives, everyone will be grate- ful and you will have, done something for your cause. let us go atid then .blow yourselves will be martyrs, I fold them'." Hostess Josie Bruckshaw, who was freed with, the last passengers on told how the hijackers' forced her lo open-the rear door, at gun- point Saturday to kill Mrs, Rockefeller's Operation Begun NEW Rockefeller underwent sur- gery today to have licr right breast- removed, only five weeks after losing her cancer- ous left-breast in a similar nperation. A hospital spokesman said the surgical team began the operation'at a.m. It was expected to last from 90 minutes to 2 hours, tile spokesman for Memorial Sloan Kettering Hospital said. The operation was being per- formed oil the second floor in one of 14 operating rooms lo- cated there. old German banker Werner Guslav'.Kehl in full public vicw. "I heard two she said. "I looked doivii and saw, I something, lying there and V Ilieif T 'didn't look any more. They made the door, still willi the gun in my back." Michael-Wood, 27, said Hie worst moment was when the crew saw JKettTj being carried'away' froiji flight decL'i'lsThat'snyhen; we-fniiglii; all'be- lie said. I) r i t i s. h. Airways officials .said there ...were "13 hostages oh .board. .when ,'llie ..hijackers seized 'the plane.ill. Dubai on Friday and ordered it flown to Tunis. They included 23 fare- paying 13 ..crew and airline staff members and in'.ground'staff picked, up Dubai'Airport.'' The Arabs agreed to release Hie passengers and cabin crow in exchange for seven; Pales- tinian guerrillas.held in Egypt' ami Holland and sale passage. lo another Arab: country, bill their plan failed when other, Arab countries refused to, grant them sanctuary. Chatti said it was premature to say whether-tlie hijackers would be Salah of the Black September, {error-v isl maud of the. Al.Ka.taJijor.gani.', nation, declined'., tbrsaty iWhat-, action, the intended to to punish, the, hijackers, arid prevent similar incidents'. iii the future. Barnard Implants New Heart Without Original's Removal CAPE TOWN, Soudi" Africa (AP) Dr. Christiaan Bar- the heart transplant pi- oneer, implanted a second heart in the cliest of. a 58- year-old man Ihis morning, Grodle Schuur Hospital an- nounced. It was the first time a new heart-was implanted without removal of the diseased heart. Barnard said the unidenti- fied man's heart was the worst he had ever seen but lhal he showed a marked im- provement immediately alter the surgery. The man was re- torted in satisfactory condi- tion in the intensive care unit both hcarls healing to- gether. "The old heart lakes care of as much.as it can. What it can't handle is taken care ot by the new Barnaitf ssid at'a news conference. The heart Iransplant team, making its IIlli operation, be- gan the five-hour surgery" at midnight Sunday. The heart used MS Hial of a 10-year-old Cape Town girl killed in an accident on Sunday. A hospital spokesman said that iffter- Ihe child was clini- cally tlead, her heart was-kep't beating artificially inside her body until the life-saving sur- gery could begin. The South African Press Association said Ihe recipient is married with children, Barnard said Ihe. right side, of the'patient's own heart was normal that multiple heart altacks had practically de- stroyed the.left side. He .said IIE cut away 40 per cent of the loft ventricle and placed the two left ventricles side by side with the Mention of relieving pressure on the-left ventricle. fiarnard said he connected the 'atriums and aortas and when pressure built up, biootl flowed into Ihe. donor heart. Kach. heart has its own said, and tech- niques are being worked oiit to synchronize the two heart- --i-j. ls, Th'e'fiospilal spokesman, said..the h'eairt 'would "improve Ihe'p'aiieii't's. blood iransplan't., team' has, been researching the new'sur- gery for sonie.lime, and Bar- nard stressed that it is a sini-. pic procedure'except for. the necessity, in today's .operation tf removing part, of Ihe'lelt ventricle. "Bai-nard said the patient, who was older.'than he.would have prcfeired.was conscious and his blood circulation ex: c'Lllent. PtIHEfi U.S. DEPARTMENT O _ ____ ._ -do-mile rodius) .and a lime Idday, lonlghi end'-Tueidoy. Llah) end variable becoming soulherTy 10 lo 15 mph lonrgM. High this atlernttjn near. eO. Loft lonighl In Ihe mid 3K. High- Tuestfay near 70. Htlh. and loM 24 t v a.m.: S3 and jO.'" "v High some. dofe'.ltRr Svnrise loday: sunset sunrise tomorrow New Concept Fights Propouts To fight off the high rise in the school dropout rate, the.Abilene Pub- lic School system has concept in learning.-.It's called'the Alternative Learning Center and rhosf of dents there think it's thejr only chance ot.an.education. Stories ond pictures on Pg.-i 1-B. Amusements IOC. Bridge 53 Business .Mirror'.......... 58. Classified 6-9C Comics 7B Editorials 6A Horoicppe 48 Hospilat Palienls. 3A Obiluanes 8D Sports -1-3C To Your Good Health 4B IOC TV Seoul............... IOC .WorrieVs News............3B 30-Degree Frost Not a By JOE It SfafC M'riter A 'general the first of the season, frosled Ihe ground near dawn Monday causing minor damage lo vegetation. National ;Weather Service, forecaster Jack Schnabcl said Monday nprning that the 32- (Icgrec and below tempera- tures hit at. about 5 a.m. and remained at or below Ihe freezing' level for about hours. The low degrees. Ta y I o r County extension agent li. C. Stanley said, how- ever, lhal area farmers and ranchers were probably; ready for Ihe significant- frost since it comes a full, week past Nov. 13, the average date of the first mnler freeze. "COTTON FAH3IKI1S arc glad .to see Stanley said. New Hours Asked on Fair Entries By BLUE RUCKER Q. I save np my qaeslions then ask all al once so fills one Is a little out of date. But I wonder why there couldn't be an arrangement' [or ac- cepting entries in the West Tcxas Fair Modern Living Mall at sometime other thai tke morning? Working folks can't always be away the U eiKer pick up. How about some eve- "i A. Coliseum Manager Joe CooJey (who laid wheniwe. called that .he's.currently fair secretary, too) was most interested In your Idea. Ho wants'la do whatever he can to increase number ot entries. Is pass- ing jour Ihoughls along lo Modern Living Mall committee members for next yeai. Q. Where can I boy some material like that on .a pool table? I ivanf (o make a cover for a 4i-incb round la- blc. A. Try wriling AllcoiiY Equipment Co., 1S1I S. Alamo St., Saji'Aiitonio 7820J. Good quality-cloth'will run you around a yard. Or write ft.' World Billiard Supply, 411 W. Bclkna'p, Fort Worth. Q. You printed a ftrnila Itr staling cant Iron dntck skiltets ;iv- en by Ra.rry CaMwcH. coiild yon 'tie- paper, was thrown away before, Ifwrcfe H I've Imkerttcd several ptees t( casl Iron. A. That was silicone spray. Mr. Caldwcll has. ordered some from Sunbeam and it should be 'in prelly. quick. Other, than CJaldwen'.s on N. Mockingbird we .don't know'vVhere you'll buy the spray made specifically for.cookware.-Spray Ihe'pots, let. them dry, then place in a 400-degrec oven to seal. Q. TV-newscaster Bob Bartlftt's eyes come across (he television screen as being dark brown but a friend who saw' him in person at Ibe fairgrounds sa hi they are blue: If (hej-'re bine why do' lit) on A. Probably are hlown. Your friend must bave seen somebody else at the fair. Eye color shouldl.cpnje through a camera as whatever color they naturally, are.'P.S. Action Line's eyes are brown. They conic through the newspaper as black and wliilc. And sometimes bjack.and blue from an irate ff Action Line reader'5 response. (i. I need (o HTile Sen. Grant loncs cenceriiliig a suggestion for some leg- islation. What is his address und winM It be best lo wait until the lalure convenes in January? A. Sen. Jones says lo tell you he'll be happy to hear your ideas by phone since phoning is easier. His of ice number is 673-642C. But rnaybc you want to put it 
                            

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