European Stars And Stripes (Newspaper) - June 8, 1986, Darmstadt, Hesse                                Page 10 columns George will the stabs and stripes sunday. June 8, 1986 court raises cunning to new height 7 ,000 feel the supreme court Ever preoccupied Riib fundamental matters Lun cume la the conclusion that a Man s Home is his Castle but his backyard is just the Colic s Curtilage and enjoys a lot less privacy. So a or. Ciraolo California Homeowner and marijuana grower has lost his Case and will go to a Dungeon beneath a Castle Moat or wherever lie Send such people in California. The quest in was was the fourth amendment Protection Aga Irmi unreason Able searches violated from an Altitude of  fed in the supreme court the Home of close Calls reasonable people often differ about the meaning of  the meaning of Curtilage is Clear. It is the area immediately surrounding 3 Home an area for the intimate activity associated with the Priva cies of life privacy expectations arc heightened in this area closely linked to the Home. In i9h2. The Santa Barbara police received in Anonymous Telephone tip that the grass in Ciraolo s backyard was the wrong sort. The police who a acc a dim View of such agriculture wanted a View of Ciraolo s crop. Imagine their frustration when they Fuu Jid the backyard Surry the Curtilage enclosed by u six foot outer and 10-foot inner Fence they could not gel a search warrant on the basis of an Anonymous tip but they could gel an air plane. They flew Over Ciraolo s Curtilage and got enough a Clear View of the marijuana to gel a warrant Ciraolo was arrested and convicted and he look his Case to the supreme court. There he argued that his fourth amendment right of privacy regarding unreasonable searches was violated by the surveillance from an air plane. He lost. He should have won. Chief Justice Burger speaking for justices while Rehnquist Stevens and o Connor raised sophistry to a new height about 1,000 feel. Ciraolo argued that the government agents would have required a warrant to Sec from the ground what they saw from he air. If the officers had without a War rant used a ladder to peer Over his Fence they would have had the ladder knocked out from under them so to speak. Burger s majority made much indeed Tom Wicker almost everything of this Flimsy fact the police made their observations from within publicly navigable airspace and any member of the Public flying in that air space could have glanced Down and seen what the police saw. Burger also said a 10 foot Fence would not shield a marijuana crop from a policeman perched a lop a truck or double deck bus. A Curtilage is not excluded from All police observation. Policemen Are not required to shield heir eyes when passing by a Home on Public  it other words suppose the police had passed by on a double deck bus. Suppose All you like. This did not happen. In 1980, George Brett the Kansas City royals third baseman made 30 errors. Me said suppose those 30 pitches had been balls. Then i would have had no  Nice try George. Nice try chief Justice with that thought about police wandering Obser Vantly Down Public thoroughfares or happening by on double deck buses. Hearing that thought the four justices who disagreed must have been Temple 10 make a noise like a truckload of Coal Slid ing Down a Liri Chute. But such is the Mutual esteem in which the justices hold each other or pretend to thai Justice Powell Ever courtly probably just rolled his Eye Cav Cnway in his dissent joined by Brennan Marshall and Blackmun he said the crucial Point about a search is not the physical position of the police. The crucial matter is whether the police action violated an expectation of privacy that was reasonable and constitutionally protected. Obviously the Constitution does not disable policemen from observing what any member of the Public could Sec. However the officers in t is Case were not just am bling Obser Vantly. They were swooping Over a House a particular House in a plane obtained Tor thai purpose. It is to say no More unconvincing to compare As the majority does the threat to privacy from police swooping Over a targeted House and the potential loss of privacy from an Idle fleeting glance of a passenger in a commercial Airliner. Life is dotted with minor tragedies and Ciraolo s loss in the court is As trag Edies go minor indeed no one disputed that his crop was marijuana. He deserves a spell in that Dungeon beneath that Moat. But there should be a Durance vile Tor justices who use on argument As weak As the one the majority used. With Englon poll Wrilen group Europe s invisible Shadow hints at nuke War horrors Cologne Germany in an otherwise unexceptionable restaurant a salad plate was composed entirely of can Ned vegetables a Day or so earlier a tourist could not help noticing the absence of Dairy herds front the Beautiful Hillside pastures of the Black Forest near tribe re. These were Small but telling reminders of the invisible Shadow that hangs Over Europe a Shadow falling most directly from the reactor Accident at chernobyl. The cause of salads from the can and cows being Grain fed in the barn. Bui the longer Darker Shadow t that of nuclear destruction for which chernobyl has be come a Symbol medical men gathering Here for the sixth world Congress or International physicians for the prevention of nuclear War last year s Nobel peace laureate were Given a detailed medical account of the Accident by or. Yevgeny Chazoy the group s co president and or. Leonid Lilyin a soviet surgeon and chairman of the . Cor Amilte on radiation Protection. Both attributed the initial delay in warning the world to local authorities who underestimated the seriousness of the steam explosion in the fourth unit of the chernobyl Power station at 1 23 . April 26. Two persons were killed outright 299 suffered radiation injuries and Burns and 129 of these were evacuated to Moscow that Day the rest on april 27. More remarkably after a delay of j6 hours not Welt cd planned 100,000 persons every one within a radius of 30 Kilometres of the reactor were evacuated in 1,100 buses in just three hours. Of the 299 persons hospitalized in Moscow 23 had died at the Lime of the report. The loll has since increased to 26. These included at least ii of the 19 who had received Bone marrow trans plants a treatment that Chazov director of the cardiovascular Institute of the . Said proved not very effect  those hospitalized also received transfusion of certain blood components for example Thrombi bytes and also  As Well As new and old  about 3d were still in serious condition but 89 had been released. Chazov said that 230 medical teams 3,000 specially assigned physicians and nurses As Well As those available locally Cia mined All 100,000 evacuees. ,000 with particular care in clinics and Hospi Tal this Mammoth Effort found no one suffering acute radiation effects but All the doctor raid will continue to be monitored on a Long term  radiation monitoring also continues in the chernobyl area conducted by is permanent and 38 Mobile stations plus 800 laboratories for Sosime tric control of ground  with in three months. Chazov promised a detailed report will be made on All medi Cal and other information then available. Lilyin said that the reactor had been shut Down immediately and that those most seriously affected by radioactivity were workers and engineers of the Power station itself and members of the fire  some of the latter sustained what he called rather intense Contact  the released Bradbu on did not contain a Neutron component but consisted of Gamma radiation some Beta radiation due to particles of nuclear fission and Gas and steam fractions of fission  some of the injured inhaled iodine isotopes. In a nuclear conflict Lilyin observed the same kind of radiation will be Prev  of the hundreds of persons still working at the Accident the is added none have As yet received More than 25 Rem the dose of radiation the russians consider  in the nearby City of Kiev where there a a Short term increase in Gamma radiation the level is now such that Lilyin said he expected no resident to receive More than 0.3 Rem per month. Both doctors emphasized thai chernobyl was a Small disaster com pared with the explosion of even one nuclear bomb. Yet Lilyin Aid to Cope we had to mobilize the huge medical capabilities of our entire  and that Chazov pointed out confirm the warn Ings that Medicine a jul be helpless Icren a few nuclear bombs Are detonated or As Ian Maddoe i of a Iralia summed up Lor the physicians chernobyl demonstrated that in nuclear War the effects on Boih the environment and on human life would be thousand of limit greater and any medical resource would be utterly  to my Yort time twi 5rvk