THE BATTALION Page 3
WEDNESDAY. DECEMBER 6, 1978
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2 FBI agents fired for break-ins
United Press International
WASHINGTON — FBI Director
William Webster announced Tues
day he is taking steps to fire two
agents who supervised the bureau’s
allegedly illegal break-ins, wiretaps
and mail-openings in a hunt for fugi
tive radicals in the early 1970s.
Webster said he took action on
the basis of whether the agents were
carrying out orders from their
superiors.
In addition, two more agents will
be disciplined and two other “street
agents” who carried out illegal
break-ins without approval from
their supervisors will be censured.
But the FBI director announced
at a news conference he would take
no administrative action against 58
other active agents and a supervisor
accused of unauthorized surveil
lance in a search for members of the
terrorist Weather Underground
from 1970-75.
Webster noted that since former
Attorney General Edward Levi
adopted new guidelines for domes
tic security investigations in 1976 to
protect individuals’ civil rights,
“there has not been a single inci
dent’’ resulting in a successful civil
rights suit against the FBI.
In explaining his decision on tak
ing no action against the bulk of
agents involved in the surveillance,
Webster said, “To disciphne the
street agents at this late date for acts
performed under supervision and
without needed legal advice from
FBI headquarters and the Depart
ment of Justice would wholly lack
any therapeutic value either as a
personal deterrent or as an example
to others.”
“It would be counter-productive
and unfair,” he said.
In its separate criminal investiga
tion of the alleged break-ins, the
Justice Department chose to bypass
prosecution of all low-level FBI
agents who carried out the break-
ins.
Instead, a federal grand jury in
dicted former FBI Director L. Pat
rick Gray, Mark Felt, the bureau’s
former No. 3 man, and Edward S.
Miller, former FBI intelligence
chief, on charges they conspired to
commit civil rights violations by ap
proving the surveillance.
In completing a 2 1 A year internal
review that began before he took of
fice, Webster cited evidence of 32
“surreptitious entries,” 17 illegal
wiretaps, two unauthorized mi
crophone installations and “numer
ous mail openings” against friends
and relatives of the radical group.
But he noted that despite a 1972
Supreme Court ruling making it
clear that wiretaps without warrants
were unconstitutional except in na
tional security matters, and a later
federal court ruling banning such
surveillance, “no legal guidance was
afforded (FBI) field offices on the
subject.”
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Battalion photo by Steve Lee
Hit and Run
Witnesses to the crash this car was involved in Saturday, say a
student apparently from the University of Texas was creating
a public disturbance while driving through Texas A&M Uni
versity campus at high speeds. The witnesses, Texas A&M
students, say a few other students chased the vehicle and
apparently hemmed the driver in at the corner of Coke and
Joe Routt streets. The driver crashed into a car driven by
Kenneth LePori, a freshman agricultural economics major
from Gonzales. Witnesses say the driver then fled west down
Joe Routt street while being pursued.
High court rules
rights not violated
United Press International
WASHINGTON—The Supreme Court ruled 5-4 Tuesday that two
robbery defendants could not challenge the introduction of evidence
turned up in a warrantless car search because they were merely
passengers in the auto and did not own it.
The justices rejected an argument by Frank Rakas and Lonnie
King, convicted of robbing a Boubonnais, Ill., clothing store, that any
criminal defendant is entitled to challenge the admission of evidence
obtained in searches directed against him.
A search of a car in which Rakas and King had ridden turned up a
sawed-off rifle and shells — introduced as evidence at their robbery
trial. The two did not claim ownership of the weapons.
Writing for the majority. Justice William Rehnquist said, “Fourth
amendment rights are personal rights that may not be asserted
vicariously.
“A person who is aggrieved by an illegal search and seizure only
through the introduction of damaging evidence secured by a search of
a third (another) person’s premises or property has not had any of his
Fourth Amendment rights infringed,” Rehnquist said.
The Fourth Amendment protects citizens from unreasonable
search and seizure. It allows evidence obtained in an illegal search to
be excluded from a trial.
The court said in a 1960 case that anyone “legitimately on premises
where a search Occurs may challenge its legality” by seeking to have
the evidence suppressed at his trial.
Justice Byron White, in a dissent joined by William Brennan,
Thurgood Marshall and John Paul Stevens, charged Tuesday’s deci
sion holds that “the Fourth Amendment protects property — not
people.
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