page 2
daily nebraskan
Wednesday, february 7, 1979
Lincoln police chief claims search bill benefits criminals
By Val Swinton
Lincoln's police chief is opposed to a
bill which would force law enforcement
agencies to obtain a subpoena before
searching newsrooms and other profes
sional offices.
However, UNL Director of Police Gale
Gade had little to say about the proposal.
Members of the Nebraska Media spoke
before the Legislature's Judiciary Commit
tee last week in favor of the bill, expressing
fears that without the law, officers would
conduct wholesale searches of newsrooms.
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Dean Leitner, recently appointed police
chief, said such fears are groundless.
"We don't go anywhere without a
search warrant," Leitner said, "and a
search warrant has to be signed by a
court."
Leitner said officers can only search for
items based on information contained in
the search warrant, which would provide
adequate constitutional protection.
Restrict investigations
And, the police chief said, the bill
would restrict police departments from in
vestigative work.
The problem, said Leitner, lies in the in
tent of legislators to protect innocent par
ties from sudden searches.
If a suspect turned over evidence to a
friend or relative, Leitner said the tempta
tion to destroy the evidence would be too
great, even if the second party was not sub
ject to criminal charges. Leitner said by the
time the subpoena process was completed,
the evidence might be destroyed.
"It happens quite often," he said.
Although some Media members have ex
pressed fears that without the subpoena
legislation, there would be no constitution
al protection against wholesale searches,
Leitner said the police would suffer if the
bill is passed.
"I can't see why they would want to
jeopardize law enforcement," he said.
"Search warrants have to name the place
and the evidence to be seized."
Aid to criminals
"This is not necessary," the police chief
added. "It would only serve to place limi
tations on law enforcement officers and to
the benefit of the criminal."
Gade said he really had not given the
matter much thought, but he said the bill
might benefit police because it would give
officers access to a criminal's doctor or
some other professional records.
However, Gade said he agreed with Leit
ner that such a measure could hamper the
ability of police to seize evidence in pos
session of innocent parties.
But Gade said he couldn't think of a
case where such a bill may have an effect
on an investigation by his agency.
nebraskan
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Editor in chief: Pete Mason. Managing editor:
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Associate news editors: Betsie Ammons, Amy
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Thursday and Friday during fall and spring
semesters, except during vacation.
Address: Daily Nebraskan, Nebraska Union
34, 14th and R streets, Lincoln, Neb. 68588.
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