European Stars And Stripes (Newspaper) - January 16, 1988, Darmstadt, Hesse Page 10 the stars and stripes saturday january 18.1988 columns Anthony Lewis West Bank moderate sees continued violence Jerusalem in 20 years of occupation there have been Waves of palestinian pro list but none nearly so intense or extended. Gaza has been in turmoil for More than a month now. The shops in the West Bank and East Jerusalem have been closed Tor Days. And the protest goes on despite successive israeli measures deportations arrests detentions at least j5 palestini ans killed. Bui where can the protest Lead politically 1 put the question ton leading palestinian intellectual in Jerusa Lem Sari Nus Seibech. A Pronior of philosophy at Bir Cit University in the West Bank he is known 10 Many israelis and is usually characterized As a moderate centrist. Ideally you would get the negotiating process going Nuss Ibeh said. Not that the protest began for thai end. There was t a mind planning in Advance what to a and Why the israelis know it was spontaneous resistance to the occupation. But it would Mai Ler if the uprising hurried profile to the negotiating Nuis cinch foresaw More violence on Boih sides i what he called a process of civil rebellion builds up. "11 will not be Gand like us he said. He mentioned in that rep gird the killing of a Young palestinian the other Day by a jewish settler in the West Bank. Bui he indicated that his own Choice Tor palestini ans m the most effective Means to a political end would be min Violini civil disobedience he spoke of a number of possible Means to disengage from the israeli you can Slop paying uses. Then you go on to licenses building permits. You arc under House arrest you Vin Taic it. Or you arc under orders to report daily id the police and you Don t. The identity card would be a symbolic Point of no return he said. Say you eel 100 Public figures fro the West Bank and Gaza they gather at the Damascus Gate of the old cily of Jerusalem and Burn their israeli identity cards it is All a risk. It needs a kind of Faith. Von have to make up your mind you either slay in the system or you say the hell with it you will no longer play the game by the Vixen he spoke of the protest leading to negotiations 1 asked what negotiation did he mean be tween whom Nus Seich said it should be an International conference including Israel and the Palestine liberation organisation. The Plo is of course political anally Cru in Israel. James j. Kilpatrick the leaders of both major panics in the coalition government the liked and Imbor have rejected the idea of Silling Down with the Plo which most dismiss As terrorist organisation. Why should that change now the Flo did not Start the uprising no switch said but it alone is in a position to Stop it. If the Plo radio called on people id Slop the civil action and return to work i m Are 98 percent of the trouble would Stop. That includes the islamic fundamentalists if not out of love out of necessity because they cannot operate by themselves so 1 think defense minister Yitzhak Rabin should Contact the Plo. As a signal for future negotiations he could take some immediate Steps to alleviate pressures on people in the occupied territories re lease prisoners for example cancel deportation orders. And if were advising the Plo. I would urge them to prepare a bold palestinian peace program to presently the israeli Man in the Street. It is necessary to allay his fears for his future and his children s future in this stale. The message should be we Don t want to push you into the sea but we also do not wish to be thrown in of the desert. We do not wish to destroy your slate but we want our own suite alongside it s no Good o have just an uprising a have War if you will. It is necessary to have an alternative the peace to be a peacemaker in situations of intense conflict can be dangerous As Nuss cinch Well he look pan in secret talks with a liked official last year and the glory came out he was beaten up by masked men at Bir Cit there is a Security risk in being a moderate a said. But the Way to avoid that is not to shy away from the political Effort but to press it. If there Are tangible results the risk is decreased. Peace is a game in which two people Are involved you have to he peach other probably most people Here israelis and palestinian alike would dismiss Sari Nuss cinch s views As Hope Lessly idealistic. The More Likely future May Well be unending conflict proles and repression Bui at the beginning of a visit Here it is Good to hear someone talking of a Way out. Police should have warrant to search garbage where does one look for the meaning of the Constitution this week the . Supreme court figuratively speaking began looking for it in Billy Greenwood s bag of Irish. The ease has an unusual aspect of universality. All of us have trash to dispose of. In the cities we leave it to Public collectors in the country we Lake it to Landfill dumps. The question before the High court is a close one once we have let go of our trash what right of privacy remains in the con tents think it Over. Back in the Spring of 1934, police in Laguna Beach Calif got word thai Billy Greenwood was involved in drug trafficking. The tip was not enough to sup port a search warrant but Jenny Uaen or a county narcotics investigator had an idea what if a More substantial Lead could be obtained by searching through Greenwood s trash police observed Ihal Greenwood Wai a fellow of regular habits. On the mornings of trash Colic Cimi he bundled his trash into a Green p attic bag and left it on the Street to be hauled away. On april 6 and again on May 4, police arranged with the trash Man la pick up Greenwood s bag and to turn it Over to them. Sure enough a search of he bags provided the evidence they needed. Police got a warrant searched his Home so cd drugs and arrested him for Possession of cocaine for purposes of Sale. Before the Case could go to trial Greenwood s lawyer moved to suppress the evidence. He argued that the search of Greenwood s bag of trash violated his fourth amendment rights. The trial court agreed dismissed the Case and the California court of appeals affirmed. Now the . Supreme court will have a final word the found amendment rooted in Magna Carla says that the right of the people to be secure in their person houses papers and effects against unreasonable searches and seizures shall not be once the Traisi had been put outside was it any longer a part of Greenwood s papers and effects was n abandoned properly belonging to no one if so was the search unreasonable As a matter of constitutional Law the High court almost decided the Issue a year ago in a similar Case that also came from California this one involved an alleged bookmaker in Hollywood Peter Rooney who lived in a 28-Unii apartment building. He discarded his trash in a communal bin in the base ment. There the police found evidence sufficient to justify a warrant. Rooney moved successfully to dismiss but the High court after first accepting the Case for review subsequently changed it mind and dropped it. The same conflicting arguments that were advanced in the Case of Peter Rooney were heard in the Case of Billy Greenwood. The state contends that the act of placing the plastic bag on a Public Street amounted to an abandon ment of any rights Greenwood May have had. Neither rash collectors nor police have a constitutional obligation Loaid an individual in concealing criminal activity. Anyone could have picked up the bag and rolled through it. The defendant had no expectation of privacy the defense responds by saying that police officers Are not just they arc the Law they Are agents of the stale. The opaque plastic bag effectively concealed the contents from casual observation. Until Greenwood s trash had been commingled with the unidentifiable trash of other persons it was his prop erty. What about it trial courts across the country Are divided on the Issue but most of them appear to accept Green Wood s argument. In 1969, California s court of appeals held that we can readily ascribe Many reasons Why Resi dents would Noi want Huir Castaway clothing letters Medicine bottles or other telltale refuse and trash to be examined by neighbors or in i9b5, Hawaii s highest court ruled that police May not indiscriminately rummage through Irish bags for evidence of a per son s activities associations and be would n have made a constitutional difference i wonder if police had followed the trash truck to a Public dump and Here Cut open every Green plastic bag until they found Greenwood bag hard to say. I suspect that most of us on reflection would wince at the thought at police inspection of our every Day trash what might be inferred from discarded letters bottles contraceptives magazines the Story of our lives can be read in what we throw away without a proper warrant this is no business of the cops the opt Foni expert two in the columns ind or Totoiu on ibis Page represent Hose of the it Tifin did ire in Nuy to be considered is the two of the Sun ind Stripo or the l nil suits spec mint
