Crime -- United States; Criminal justice, Administration of -- United States; Criminals -- United States
The arrest of such a man often presents great legal difficulties which
the detectives overcome by various practical methods. Of course, no
officer without a search warrant has a right to enter a house or an
apartment. A man's house is his castle. Mayor Gaynor, when a judge, in
a famous opinion (more familiarly known in the lower world even than
the Decalogue) laid down the law unequivocally and emphatically in this
regard. Thus, in the Fisher case, the defendant having been arrested on
the street, the detectives desired to search the apartment of the family
with which he lived. They did this by first inducing the tenant to open
the door and, after satisfying themselves that they were in the right
place, ordering the occupants to get in line and "march" from one room
to another while they rummaged for evidence. "Of course, we had no right
to do it, but they didn't know we hadn't!" said the boss.
But frequently the defendant knows his rights just as well as the
police. On one occasion the same detective who arrested Fisher wanted to
take another man out of an apartment where he had been run to earth. His
mother (aged eighty-two years) put the chain on the door and politely
declined to open it. All the evidence against the forger was inside the
apartment and he was actively engaged in burning it up in the kitchen
stove. In half an hour to arrest him would have been useless! The
detectives stormed and threatened, but the old crone merely grinned at
them. She hated a "bull" as much as did her son. Fearing to take the
law into their own hands, they summoned a detective sergeant from
head-quarters, but, although he sympathized with them, he had read Mayor
Gaynor's decision and declined to take any chances. They then "appealed"
to the cop on the beat, who proved more reasonable, but although he used
all his force, he was unable to break down the door which had in the
meantime been reinforced from the inside. After about an hour, the old
lady unchained the door and invited the detectives to come in. The crook
was sitting by the window smoking a cigar and reading St. Nicholas,
while all evidence of his crime had vanished in smoke.
Public-domain text, read in full here on John Shaqi.
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