European Stars And Stripes (Newspaper) - June 1, 1988, Darmstadt, Hesse                                Page 10 columns the stars and stripes Jorge will the impotence of Reagan s foreign policy r conservatives Ronald Reagan s foreign g i a a. So is to a -.w-.v.--. Pm y has produced much Surprise but Little Delight. Of is of ,. 1j a i.,.iii.1 =?ssssssscr5 ss3 efes5�i ,.v Yt-r8= is of policy has produced much Surprise but Little Delight. His fourth and one prays final Summit n a suitable occasion for conservatives to look Back with bewilderment and ahead with trepidation it is True As some europeans argue that conditions arc Teller in Europe the Region Ihal remains the Deci Sive prize in the Easl Wesl contest. Just i i years ago there still were two dictatorships in Western Europe both in the iberian Peninsula terrorists seemed Able to destabilize Italy and perhaps West Germany and euro communism seemed the wave of the future today he dictatorships Are gone terrorists cannot be decisive anywhere and communist parties arc with ering away. Bui Reagan administration policies had time to do with any of this. Furthermore it is arguable that Reagan will leave . Security As precarious As it was in 1980, this is so for three reasons first his deficits combined with his Success in Mak ing Low taxes the Crux of contemporary conservatism have put in place a decade of pressure against defens spending. That pressure already has pushed defense spending into decline in real terms since 1985. Second Reagan s rhetoric has accelerated the nation s intellectual disarmament. In his seventh an eighth years he has declared the cold War Over. He has done this by declaring that he soviet regime had been readily transformed Tor the better by the sudden inexplicable capture of it by a Man Gorbachev who supposedly is opposed to its 70-year-old expansionist tendency and rationale that statement was bad enough. But worse was Reagan s statement that the so Viet regime s inherent tendencies were not radically wrong until he regime was hijacked by Stalin Stalin said Reagan was not As conservatives believe an intensification of Lenin but was merely an aberration. Third by succumbing so fully to the arms control chimera Reagan made it impossible to conduct a coherent conservative foreign policy indeed a Case can be made for the proposition thai thinking Only of .-sovict relations a Dukakis presi Dency might be preferable to a Bush presidency of More  allay foreign and Domestic doubts about a democratic president and because he favors enhanced conventions forces which Are expensive. President Duka Kis might propose a modest say 2 percent increase in defense. Bush might also. But a democratic Congress which is a certainty would give a democratic president his defense budget. It would Cut Bush s. Furthermore when there is a democratic president James j. Kilpatr1ck in is possible to have cohesive conservative opposition to at least some arms control excesses. When a Republican is president such opposition is impossible. The soviet invasion of Afghanistan May have been presi Dent Carter s pretext for withdrawing Salt ii from Senate consideration however a sufficient reason for withdrawal was a Block of at least 34 Voles against it enough to defeat it. A democratic president was a necessary condition for such opposition which ii Al most entirely Republican. There is no reason to doubt that Bush would be As ready As Dukakis is or As ready As Reagan has been to make arms control agreements the controlling Aspira Tion of . Policy. Thai aspiration makes a coherent conservative foreign policy impossible for reasons explained in commentary Magazine by Mary Eicr slant a member of the slate department policy planning Staft Between 1985and 59b7. Consider she says the collapse of administration policy regarding Nicaragua. By 1987, the administration clearly was ready to make arms control the altar on which anything else would be sacrificed. By summer 1987, the contras were a sacrifice. The argument for Contra Aid was grounded in an ominous interpretation of soviet intentions in the world. By the end of 1987, the administration had abandoned the interpretation had it Ever been More than Rote even to Reagan of the soviet Union As possessing dangerous hegemonic aspirations. Absent a connection with such aspirations it does not matter All that much if there arc As Secretary of stale Shutlz has warned that there will be iwo three Many  administration rhetoric about the peril of an unchecked Nicaragua was refuted by administration rhetoric about the new soviet leadership that the administration assures us is searching for accommodation As demonstrated in the arms control  either the arms control fixation or the contras had to go. The contras Are gone. Noriega is not. These facts testify to the impotence bred by incoherence of Reagan s foreign policy. Try Yolk Talmai me i sender struggle to define exclusionary Rule continues  Greenwood put his trash on the sidewalk. The cops came and got it. And after they had pawed through in they came Back for Billy and hauled him away. All this happened in Laguna Beach calif., four years ago. Last month the supreme court added Greenwood s Case 10 the Long and confusing chronicle of cases arising under the exclusionary  the Rule goes Back to the landmark Case of Fremont weeks in i9h. Without a warrant of any sort the cops broke Down the door of his Home rummaged through his possessions and found Loi Ter 1 tickets that had moved through the . Mail. On that evidence weeks was convicted. The High court unanimously threw Oul the conviction. Evidence that has been obtained unlawfully the court held must be excluded Ai trial. Thus was born the exclusionary Rule. It is premised upon the fourth Amend ment which i protects us against unreasonable searches and seizures and 2 sets Forth the requirements for issuance of valid search warrants. The court s struggle has been to define what searches Are reasonable and what warrants Are valid. It hat been a wild struggle and in is not Over yet. The facts in the matter of Billy Green Wood were not in dispute. Police had a lip that Greenwood might be engaged i narcotics trafficking. The tip was not sufficient to establish probable cause for a warrant but detective Jenny Stracner had a belter idea. She asked the neigh boyhood trash collector to pick up Greenwood s plastic garbage bags left on the curb in front of his House and to Kirn the bags Over to her. Sure enough the bags provided sufficient evidence to justify a warrant and Greenwood subsequently was arrested. Before he could go to i rial he moved for exclusion of the evidence. The California courts agreed and the Case was dismissed. Last month the supreme court speaking through Justice Byron White reversed the lower court decision. Green Wood and his co defendant could have had no reasonable expectation of privacy in the inculpatory items that they Dis  it is common knowledge said while that plastic garbage Bap left on the Street arc readily accessible to Ani Mals children scavengers snoops and members of the Public generally. The defendants had placed their refuse at the curb for the express purpose of convey ing in to a third party the trash collector who might himself have sorted through the  the warrant less search and seizure of the garbage bags left at the curb outside the Greenwood House would violate the fourth amendment Only if respondents manifested a subjective expectation of privacy in their garbage that society accepts As objectively  that is lawyer talk. The ruling is As opaque As the plastic bags. Who can Sec its meaning True White cited no fewer than 27 decisions from lower state and Federal courts in support of the majority holding. He scorned the comment of dissenting Justice William Brennan that society will be shocked by the majority s opinion. That prediction left White distinctly  to which for Kennan replied Hal the 27 citations were impressively  my own feeling i thai Brennan had the better of the argument. It is one thing for a vagrant to rummage through a bag of trash or for mischievous children or reporters to go on a scavenger Hunt. In is another thing eni Ircy for police without a warrant to do the same thing. I believe the people do indeed have a reasonable expectation that cops will not go through their garbage. In seems Little enough to ask. The evidence against Greenwood will not be excluded if California authorities decide to go Back to trial. It will be admitted. This has been the trend in re cent years. In jts 1986-87 term the court dealt with six cases under the exclusionary Rule in five of them the vote was to admit the evidence. In 1985-86 the prosecution won on three Oul of three cases in 1984-85 the scone was two for two so it goes. There is no Bright line Sepa rating right from wrong in this area of the Law. In its Effort to make consistent sense the court has carved Oul an Auto Mobile exception 8 Plain View exception an anal surveillance exception a Good Faith exception a barn is not Ahouse exception and heaven knows what else. The doctrine itself is sound police ought to be deterred from gaining Evi Dence unlawfully. But if the doctrine is Wise it gels applied in some remarkably stupid ways. The opinions expressed in the column and cartoons on ibis a represent those of the authors and Are in no Way to be considered As representing the stews of the Stan and stripes or the United states government