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United States v. Kalish

271 F. Supp. 968 (1976)

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United States v. Kalish

United States District Court for the District of Puerto Rico
271 F. Supp. 968 (1976)

Facts

Scott Tully Kalish (defendant) was drafted to serve in the Vietnam War. On the advice of his attorney and under the belief that he had a constitutional right to refuse, Kalish did not report for induction. Kalish was charged with failure to report for induction. The United States attorney and Kalish’s attorney agreed to resolve the charge by having Kalish request to reopen his case with the Selective Service System (the Selective Service), and if the Selective Service refused, then Kalish was to report for induction. The United States attorney and Kalish’s attorney agreed to a continuance of the case against Kalish in the meantime, but Kalish was to return to court to report the outcome of his request to the Selective Service. The Selective Service did not reopen the matter, and Kalish did report for induction with the Army, where he was photographed and fingerprinted. When Kalish returned to court on May 3, 1967, the United States Marshals Service arrested Kalish and took photographs of Kalish as well as his fingerprints as part of his arrest record, but the criminal charges against Kalish were dismissed. Kalish then moved for an order to expunge and destroy the photographs and fingerprints in his arrest record maintained by the Federal Bureau of Investigation.

Rule of Law

Issue

Holding and Reasoning (Cancio, C.J.)

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