Original subtitles

One-Adam-12, no warrant.

Lincoln X-Ray Ida 483.

One-Adam-12, a 415... fight group

with chains and knives.

♪♪

Well, congratulations, Reed.

I see you got yourself a couple of greenies.

Yeah, three of them. Deliver me from warrant cards.

Are you sure you wouldn't like a couple?

No, thank you. I'm still nursing a bruised jaw

from a warrant I tried to serve a couple of days ago.

What happened, the guy slug you?

No, the wife did.

She was aiming a punch at her husband, and I got in the way.

What was it all about?

Well, me and my partner busted this couple a while back on a 502.

It's 3:00 in the morning, the woman's drunker than he is.

Real wild-looking redhead, too.

We booked her for battery on a police officer.

What did she do?

Kicked, bit, fought,

scratched, you name it, man.

Then she claimed that she and her husband were stone-cold sober,

and we were just picking on her.

Yeah, sounds like a redhead I used to know.

Oh, this was real tiger, man.

She was still sore, huh?

When I served the warrant? The wife was, yeah.

Couldn't really blame her, though. How come?

She's a brunette.

My turn to spring. You want black?

Yeah.

What's so funny?

Oh, Wells.

I never knew a guy that could get himself into more scrapes.

Speaking of warrants, how many did you pick up?

Three. Take your pick.

Read 'em to me.

Maybe we can work on a couple of them

before the radio gets buys.

Okay.

Hey, here's one for $920. A "failure to appear."

"23-O-2A, 12-9-51A."

What's the name? Caldwell, Donald. A.

Yeah. Go on.

"James Llewellyn Brown. Failure to appear.

14-601-AVC."

Isn't that driving with a suspended license? Yeah.

"21-658A."

Unsafe lane change. Uh-huh.

"12-9-51A. No driver's license in possession."

I think I know Mr. James Llewellyn Brown.

You arrest him before? Couple of years ago.

What was he driving?

A Lincoln Continental, gray with a black top.

Yeah, that's the same guy. How much is the bail?

$620 with assessments. What'd you bust him for?

Possession for sale, possession of paraphernalia.

He had about 500 reds in the car.

You wanna make a call on Mr. Brown?

What's the address?

12031 East Franklin.

Yeah, I know that block.

It's a row of houses with an alley running behind it.

If Brown is still as hinky as I remember him,

he might try and make a run for it.

Let's get Wells and Brinkman to come to the party.

Wells.

I can hardly wait.

You know, I didn't mean to scare you

with that story a while ago, Reed.

Since when does it take four guys to serve a traffic warrant?

Well, we thought we'd do you a favor, Wells.

Give you a chance to get your name on an arrest report.

Oh, that's funny.

Where'd you get your partner, Malloy, in a crap game?

We've already cruised this street.

That's Brown's car parked in front.

Why don't you guys go around back in the alley

in case he tries to rabbit?

That sounds exciting.

Do I get my name on the report, too?

We'll think about it.

Well, what do you say? Shall we do it?

Let us know when you're through, won't you?

I mean, I'd hate to spend the rest of the day

parked in that alley.

Might as well relax, Brown. You're under arrest.

You got no right to come busting in here like this!

No right in the world! Show me your search warrant!

I asked you a question! Show me your search warrant!

You haven't got one, have you?

That's what I thought.

That's right, Mr. Brown, we don't have a search warrant.

That's just what I thought. Phony bust.

I want my attorney, and I want him right now, do you hear?

We have a legal warrant for your arrest, Mr. Brown.

Arrest for what?

I wanna see it. Show me the warrant.

That doesn't look like any warrant to me.

Several weeks ago, you were issued a citation

for making a unsafe lane change

and for driving with a revoked operator's license.

When you signed that citation, you agreed to appear in court.

When you didn't, a judge ordered a warrant issued for your arrest.

Now we're here to serve that warrant.

You mean all of this is over a lousy traffic ticket?

That's right.

Boy, that's one for the books.

I thought you guys were trying to do a number on me.

I apologize, really.

That just goes to show you,

you should never forget to pay a traffic ticket, right?

That's right. Hey...

don't I know you from someplace

Yes, sir. I arrested you once before.

Oh, yeah. Now I remember.

I want you to know I've been clean ever since then.

I mean it. I mean, no more messing around for me.

Is that so?

Look, man, I've learned my lesson.

I'm not kidding. We're happy to hear that.

Hey, when we get down to the station,

if I post my bail, can I get right out?

As soon as you're booked.

Bail is $620, Mr. Brown.

Oh, that much? Gee.

Serves me right. I should have taken care of that ticket.

Let's go. Why not?

I'm ready to pay my debt to society.

Hey, Malloy, I'll go yell out back

and tell 43 to clear and lock up the house.

Good.

It's all right, fellas. The back's all locked up.

I told you, leave my house alone.

Now get that crumb out of there. Just get him out.

After you found this stuff, did the suspect say anything?

Yeah, he said he wanted to talk to his attorney,

so we didn't ask him any more questions.

You're operating in a gray area here, you know that, don't you?

The search and seizure thing. That's what worries me.

Probable cause.

How do you feel about it?

I think we're weak.

Reed found the narcotics in the kitchen.

We served Brown the warrant in the living room.

My guess is we'll win or lose at a preliminary hearing.

I agree.

The Chimel decision limits us to a search

within the immediate reach and control of the arrestee.

It'll depend on how the court interprets "reach and control."

On the other hand, we couldn't very well walk away

and leave $2,000 worth of contraband sitting on a kitchen table.

Well, you did the only thing you could do.

Have you talked to the D.A.?

Yeah, just now. He'll file a complaint.

But he feels about the way we do: it's a waste of time.

Too bad.

If we could get Brown into Superior court, he'd go to prison.

Without a doubt.

But two will get you ten we never get him there.

Ahem.

That's Brinkman. B-r-i...

Don't worry, I'll spell it right.

Just make sure we get in the report.

I should have never called you guys into that kitchen

before we removed the evidence.

I heard about your bust, Reed. Congratulations.

Thanks. Our bust, pal, remember?

Oh, pardon, me. How'd it go down?

Well, my partner and I went out to scoop up this guy

on a $600 traffic warrant.

When we got inside, it occurred to me

the guy was acting a little hinky, you know what I mean?

I can't stand it.

Anyway, I went back to secure the premises

and right there on the kitchen table was all his junk.

They guy had a pill-making machine, the whole works.

Hmm.

Hiya, Mac, Malloy.

Hello, Fendel. How are things going?

Fine. Hey, I understand one of your boys scored a big narcotics bust.

Oh, Reed's holding fort that there, huh?

No, I heard about it at the D.A.'s office.

Were you in on this, Malloy?

Let's just say I was there,

but my partner found the narcotics.

I heard some scuttlebutt

that there's a question here

relating to search and seizure.

The Chimel thing.

You care to comment on it?

No, sir. We haven't been to court yet.

Must be frustrating.

Kinda like operating with one hand behind your back.

You never give up, do you, Mike?

Why don't you come to court and see for yourself?

No, thank you. This thing could drag on for weeks.

By that time, Malloy, who's gonna care?

I don't think I wanna comment on that one, either.

Okay. Last question.

How about a picture of you and your partner?

I don't know.

Reed's getting pretty hard to live with.

If he gets his picture in the paper,

there's no telling what might happen.

I wouldn't worry about that. What do you mean?

Well, Reed's been to court, but not too often.

I think this time,

he might find it a little bit uncomfortable.

Pardon me.

You think Brown's attorney will ask for another continuance?

Your guess is as good as mine.

He's had two already. What's the limit?

I've seen it go five or six. It's up to the judge.

Well, I think Brown's attorney's stalling.

Anything to keep his client out of jail.

That's his job.

Well, I still think we're gonna win this thing.

That lawyer knows it, too,

or else he wouldn't be asking for so many continuances.

You do, huh? Well, yeah, don't you?

I think Brown's attorney is a busy man.

He can't be in two places at once.

That's why he asks for the continuances

and that's why the judge grants 'em.

Well, I still think he's stalling.

Everyone that's here as a witness, come over and give me your name.

Now everyone here in court as a witness,

come over and give me your name.

If you've got a subpoena,

come over and give me your name.

How's it going? Oh, great. Great.

My day off.

Just like it was the last time

we came to court on this case.

You guys wanted your name on the arrest report.

Wells and Brinkman, B-R-I-N-K-M-A-N.

Did I spell it right?

Seriously, now why do you need the two of us

to make your case against this guy?

Well, you guys are witnesses, remember?

Yeah, that's because you said, "Hey,

fellas, come on in and take a look at this."

Too bad you were so curious.

No, it's too bad about Reed. What about Reed?

Well, you got no sense of humor.

You know, when we asked you to put our name on that arrest report,

that was like, a joke, you know, funny?

You get it? Ha ha.

I know something funnier than that.

What? It's your day off.

Here comes our boy.

He looks a little different today, doesn't he?

Is that the same lawyer he had before?

Yeah, Dudley Gray.

All I ever hear him do is ask for continuances.

Is he any good? His client's out of jail, isn't he?

For the time being anyhow.

I know this much.

Gray may not collect many votes from policemen,

but if I had a problem, I'd give him a call.

Everyone rise and face the flag of our country.

In the presence of the flag of your country

recognizing the principles for which it stands,

Division Two of the Los Angeles Municipal Court

of the Los Angeles Judicial District,

county of Los Angeles, state of California, is now is session.

The Honorable George R. Perkins presiding.

Please be seated and come to order.

Any continuances?

The People request a continuance on Anderson and Folger, Your Honor.

For what reason?

The evidence is not back from the crime lab yet.

People vs. Anderson and Folger

are continued for two weeks to August 2,

Division Two, 9 A.M.

On the matter of Henshaw, Your Honor.

Yes, Mr. Mewborn?

I was just retained three days ago

and haven't had time to prepare the case.

The defendant requests a two-week continuance

if the People have no objection.

The People have no objection, Your Honor.

Waive time? The defendant waives time.

Malloy?

Richard Combest, D.A.s office.

Hi. This is my partner Jim Reed.

Glad to know you. How do you do?

Look, Malloy, uh,

can you put this Len Bonnie behind the wheel?

Bonnie? Who's Bonnie?

What case are you here for?

James Llewellyn Brown.

I'm sorry.

We get pretty snowed under sometimes.

I'm surprised I can remember my name.

What do you think, Mr. Combest?

You think Brown's attorney will ask for a continuance?

I've talked to him. He says he's ready for trial.

Good.

You actually, uh, found the dope?

Yes, sir.

Have you ever been to court on a narcotics case before?

Yes, sir, but not one quite like this.

I see.

Well, calendar court's always quite a show, isn't it?

Yeah. You think we're busy?

Judge Perkins there. He's the guy who's really got it rough.

Yeah, he assigns cases to every court in this building, doesn't he?

That's right. How he keeps 'em straight

is more than I'll ever know.

Brown?

The defendant is ready, Your Honor.

Look, Reed, I'm gonna put you on first,

keep your partner in reserve in case you get blown up.

I don't get you. You will.

Are the People ready on James Llewellyn Brown?

The People are ready, Your Honor.

We'll be assigned to Division Four.

You guys go on down. I'll be with you in a minute.

What does he mean by getting "blown up?"

Forget it, partner, and just tell it like it went down.

That's all you can do.

Well, I see you found it.

Come on inside the railing.

This is Officer Wells and Officer Brinkman.

They're here as witnesses. Yeah, I know.

What can you testify to?

Well, we saw the narcotics on the kitchen table before they were removed.

How'd you come to see them?

Well, Reed hollered, "Come in and have a look," so we went.

I figured it wouldn't hurt to have somebody verify the find.

Well, you two can go. I won't be calling you.

How do you like that?

Wanna stay and watch?

We might as well.

The morning's shot anyway.

James Llewellyn Brown. Is that your true name?

Yes, sir.

Yes, sir.

Let the record show James Llewellyn Brown is here in court

represented by Dudley Gray, Attorney at Law.

Are you ready, Mr. Gray? Ready, Your Honor.

People ready? Yes, Your Honor

Call your first witness.

Mr. James Reed.

Do you solemnly swear that the testimony you are about to give

in the matter pending before this court

is the truth so help you God?

I do. Please be seated and state your name.

James Reed.

What is your occupation and assignment?

I'm a police officer for the city of Los Angeles,

assigned to patrol, Central Division.

Were you so employed on the 5th of last month this year?

I was.

At approximately 8:30 A.M.? Yes, sir, I was.

Did you have occasion to go to 12031 East Franklin?

Yes, sir.

What was the reason you preceded to that location?

My partner, Officer Malloy, and I

had an arrest warrant for James Brown.

Do you have the warrant here? Yes, sir.

Do you want it marked?

Yes, Your Honor.

People's 1 for identification on probable cause.

All right. It may be so marked.

And after you had informed Mr. Brown

that you had discovered contraband in his kitchen,

did he make any statement?

No, sir, he, uh, said he wanted his attorney,

and we didn't talk to him after that.

I see.

No more questions.

You may cross-examine, Mr. Gray.

Officer, the defendant never invited you into his house, did he?

No, sir.

But you did break down and enter the front door

for the purpose of arresting him pursuant to the traffic warrant?

No, sir. We didn't break down the front door.

We pushed it open. He was trying to keep it closed,

and we pushed it open.

I see. But the actual arrest took place in the living room,

is that correct? Yes, sir.

In fact, you and Officer Malloy

never left the living room during the arrest,

is that correct? Yes, sir.

And after you had the handcuffs on Mr. Brown,

you and Officer Malloy and the defendant

walked out of the house and into the front yard, is that correct?

Mr. Brown and Malloy walked out in the front yard.

I stayed on the front porch.

I see.

And while you were on the porch,

you stated to your partner

that you were going to go back into the house

for the purpose of locking the back door, is that correct?

I also told him I was gonna tell Unit 43 to clear.

Well, now, Officer Reed,

really, you have a radio in your car

whereby you could notify Unit 43 to leave the premises.

Is that not so? Yes, sir,

but we would have gone through control and have them meet us.

Objection, Your Honor.

The witness is being unresponsive.

Objection sustained.

All after "Yes, sir" will be stricken.

Now, Officer, direct your attention

back to the time you said you were going to lock the rear door.

At this time, Mr. Brown told you it was not necessary

to lock his house, is that correct?

He said something to that effect, yes, sir.

In fact, the defendant specifically said to you

to stay out of his house, isn't that so?

No, sir. If he did, I didn't hear him.

He said something after I got inside the house,

but I don't know what it was.

But you did hear him say the back was locked up?

Yes, sir.

Now after you went back into the house,

into the living room,

you saw no contraband, did you? No, sir.

And to get to the kitchen,

you had to walk down a narrow hallway

and make a sharp left turn to get into the kitchen.

Is that correct? Yes, sir.

Isn't it a fact that no part of the kitchen is visible from the living room?

That's correct.

Now, Officer Reed,

and for the purposes of this record,

you had no search warrant while you were in Mr. Brown's house?

No, sir. That's all, Officer.

Thank you.

No further questions, Your Honor.

You may step down.

Counsel, at this time we stipulate K.M. Miller

redeemed, called, sworn, and deemed to be qualified as an expert forensic chemist,

and he did receive from the custodian of evidence

of the Los Angeles Police Department

a sealed manila envelope bearing the name of

the above-named defendant James Llewellyn Brown

together with other typewritten information.

He subsequently analyzed the contents,

and it is his opinion that it contained the following items:

approximately three pounds of methamphetamine hydrochloride,

commonly knows as speed, in crystal-powder form.

Defense will so stipulate

for the purposes of the preliminary hearing only.

Stipulation will be received for limited purpose only.

The People move to have People's Exhibit 1,

the warrant for the arrest of the defendant,

and People's Exhibit 2, the methamphetamine, introduced into evidence.

No objection to People's 1, the arrest warrant.

However, I do have an objection to People's 2.

In this connection, I call the court's attention

to the recent case of Chimel vs. California.

The highest court in the land has stated

that an officer may only search the area

within the immediate reach and control of the arrestee.

The crux of the Chimel decision, Your Honor, is in the following.

"There is no comparable justification

"for routinely searching rooms

other than that in which the arrest occurs."

The People recognize the principal, the Chimel decision.

However, in this case, the evidence was in plain view,

and there are many court decisions

that hold that an officer is not required

to shut his eyes to evidence of a crime.

In the case at bar, it was necessary for the officer

to go down a hall and make a left turn before it was in plain view.

All done against the express wishes of the defendant.

But if it please the Court,

the reason the officer went down the hall

was to secure the back door.

I can just imagine the defense would be in there screaming

if the rear door hadn't been locked and something had been stolen.

The point by counsel might be well taken...

if the officer had testified

to any independent knowledge

that he knew for a fact the back door

was open before he went into the rear of the house.

The point of the matter is simply this.

If the police are going to be allowed

to wander aimlessly about

in the arrestee's premises solely and only

for the purpose of securing same,

then the doctrine annunciated by Chimel will be rendered worthless.

We submit it to the court.

Mr. Combest? We submit.

This court understands the Chimel decision to mean

that Mr. Brown's person could be searched for weapons or contraband

and that the area that could be searched

would be between the doorway

and that point inside the room

where Mr. Brown was apprehended.

I'm afraid, however, that no other part of the house

could be searched by the officers.

It has been clearly demonstrated

that the contraband evidence

was not in plain sight of the officers from the area of arrest.

I therefore, and with great reluctance,

sustain the defense motion.

The objection is sustained to People's Exhibit 2,

the methamphetamine will not be accepted as evidence against Mr. Brown.

Mr. Combest, you have anything further?

That's our case, Your Honor. The People rest.

Mr. Gray?

Your Honor, we move that this case be dismissed for lack of evidence.

Mr. Brown.

You are fortunate that you live in a country

where the law applies to all people,

the innocent and the guilty.

It is my personal opinion

that you belong in prison.

However, this court is helpless to do otherwise

than to turn you loose again upon society.

The defense motion to dismiss

for lack of evidence is granted,

and the case against you is dismissed.

There will be a short recess.

Everyone rise.

Hey, man, you really pulled it off.

Thanks a lot, Counselor.

You'll get my bill.

Well, it happened just like you said it would.

You can't win 'em all, partner.

Thanks for trying, Mr. Combest.

Well, you tried the hardest.

Don't stop trying.

All the time, all the effort,

and Brown will be back on the street

pushing speed before the day's out.

I trust you don't blame me for that, Mr. Reed.

Sir?

My oath as an attorney

and the laws of this state

forbid me to take into consideration

the guilt or innocence of my client

when he's charged with a public offense.

Now that's what you did when you arrested Brown.

You charged him with a public offense.

That was your job, and you did it well.

But mine is to defend him to the best of my ability.

That's the part that gets me, Mr. Gray. What do you mean?

Well, we enforce, the D.A. prosecutes,

you defend, and the courts administer,

and a guilty man walks out of here scot-free.

It doesn't seem logical.

You got a point there, Officer Reed.

You know, he's got a point there, Malloy.

Counselor.

♪♪

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