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1 1412 "O" St.
Daily Nebraskan
Thursday, December 4, 1986
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Legality of search challenged
Phi Psi alcohol case continues; decision due next month
By Jen Deselms
Senior Reporter
A decision will be made in mid
January whether evidence obtained
during the search of buses chartered by
the Phi Kappa Psi fraternity Sept. 13
can be used against CI people ticketed
on alcohol-related charges.
In Saunders County Court Wednes
day, Kirk Naylor, attorney for a Phi Psi
member involved in a t est case probing
the legality of the bus search, said the
law enforcement officials didn't have
probable cause to stop the buses.
Four buses chartered by the Phi
Kappa Psi fraternity were stopped
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Sept. VI in Saunders i,uumy on uouie u-muk-u mai udm ntni tne rhi Psi
lil, 9 miles south and 4 miles east of buses at a rest stop near Swedeburg
Fremont. All 1:55 passengers were tick- Passengers were canyinj? silver cans
eted fur either minor in possession or outside of the buses, be said. Shires
procuring for a minor. said he observed this from a quarter
In October it was decided that mile away with binoculars. He said he
charges would not be filed against 74 of drove past the rest stop and radioed to
135 people ticketed, but (iO others all law enforcement officers in the area
await the outcome of a test case involv- that the situation might involve minors
ing Ryan D. Kennell, a Phi Kappa Psi in possession of alcohol. He said he
member charged with minor in pos- received no confirmation that any
sessjont officers heard his message.
Naylor said he wanted to show After the hearing, Naylor said Shire's
through witness testimony that police sighting at the rest stop was not proba-
had no reason to st op the buses. bly cause to stop the buses because an
Inspector Thomas Nesbitt of the officer can only use information he has
Nebraska State Patrol testified that he to stop a vehicle and search it. Naylor
and officers from the state patrol and said Nesbit did not know about the
Saunders County were searching or s.iglitings when heopped the buses,
buses taking members of an Omalm' 'efcbjtt tiiHwjg nienl'iort the radio mes-
fraternity to the Chief bar in Yutan and sage'durjngjils testimony,
a bar in Weston. Nesbitt said he had no vior saj(j police. did not check to
idea what route the Omaha buses ... see wholiad actually been drinking but
would take to Yutan or how many buses tic keted and"- detained everyone. He
they would have.
Nesbitt said they stoped two buses
from UNL's Alpha Tau Omega fraternity
before stopping the Phi Psi buses. No
open alcohol was found on the ATO
buses.
Charles Wagner, Saunders Deputy
County attorney, said after the hearing
that police had cause to stop the buses
because they had information that
Omaha fraternity members would be
drinking on a public roadway. Law
enforcement officials were investigat
ing a possible crime and came across
another one when they stopped the Phi
Psi buses, Wagner said.
Thomas Shires, a deputy with the
Saunders County Sheriffs Department,
said this was unreasonable and unfair
to those who had not been drinking.
The state is requi'cedto submit its
briefs on the case Dec. 15 and the
defense on Dec. 29. The state will sub
mit its rebuttal to the court on Jan. 5.
Saunders County Court Judge Evrett
Inbody said he hopes to make a deci
sion about the motion to supress the
evidence obtained in the search by Jan.
15.
If the motion is approved, all items
seized from the motor vehicle in which
the defendant was a passenger, all
information obtained from the defend
ant and all observations made of the
defendant will be suppressed.
Kerrey's cuts criticised
REACTIONS from Page 1
Because much of UNL's budget is
tied up in salaries, Furgason said,
course sections probably would have to
be dropped "just to make it through
the year." Permanent budget cuts would
follow the next year, he said, as they
did last year when UNL had to drop
several majors that had few students.
Blezek said the series of cuts hamper
NU's ability to aid in Nebraska's eco
nomic recovery through its research
and service functions. They also further
erode faculty morale, he said.
"Every time we go through this cut
ting excercise," he said, "we cut more
of the spirit and pride of the faculty
members."
Those planning the Scottsbluff nurs
ing program also face the problem of
making up money already spent. Rosalie
Yeaworth, dean of UNMC's college of
nursing, said some of the $100,000
already had been spent on salaries for a
student adviser and recruiter, adver
tisements for faculty positions and air-
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plane trips to Scottsbluff to plan the
program.
McVey said western Nebraska has a
serious lack of people with bachelor's
and advanced degrees to run and staff
nursing programs. Thirty to 40 students
in WNGH's present nurses' training
program are taking required non-nursing
courses for the program and had planned
to apply soon to begin courses in the
degree program next fall.
The threat to the Scottsbluff pro
gram angered Scottsbluff Sen. William
Nichol, speaker of the Legislature and
lieutenant governor-elect.
"I'm madder than hell about that,"
he said. "We're as far from Lincoln as
Lincoln is from Chicago. It's tough to
get our few marbles (from the state)
out there, and I'd like to save a fe
peanuts out there."
Nichol said Kerrey should have left
it up to the Legislature to decide
whether taxes should be raised, rather
than limiting his call of the special
session to budget cuts. Adding another
half-cent to the half-cent sales tax
increase scheduled Jan. 1, he said,
would have solved the problem.
Lincoln Sen. Jim McFarland sup
ported Kerrey's refusal to consider tax
increases because "we'd , really get
bogged down" if the call was expanded.
But he said his constituents in central
Lincoln aren't in favor of further NU
cuts either.
"I think that's general of all the
Lincoln area," he said. "The university
employs a lot of people, and our econ
omy is somewhat dependent upon the
university."
Furgason said Roskens, the chancel
lors of NU's three campuses and a
member of the NU Board of Regents
probably will testify for the university
at the Appropriations Committee hear
ing Friday afternoon. The message
they'll take to the committee won't be
new, he said.
"It's just a matter that the Legisla
ture and the powers-to-be in the state,
including those in the public and pri
vate sectors, are going to have to
decide what kind of university they
want," Furgason said.
UNL student leaders plan to lobby
against the cuts in similar fashion to
last year's effort, Scudder said. UNL's
Government Liaison Committee and
university lobbyists will work on sena
tors, she said, while student protests
and phone banks may also be part of
the effort.
Former ASUN President Gerard
Keating, who helped lead last year's
protests, will be consulted as well,
Scudder said.