Gattus v. State, No. 146

CourtCourt of Appeals of Maryland
Writing for the CourtBefore BRUNE; COLLINS; An application for a search warrant was made to the Honorable Joseph R. Byrnes; As a result of that application
Citation105 A.2d 661,204 Md. 589
Docket NumberNo. 146
Decision Date27 May 1954
PartiesGATTUS v. STATE.

Page 589

204 Md. 589
105 A.2d 661
GATTUS

v.
STATE.
No. 146.
Court of Appeals of Maryland.
May 27, 1954.

Page 591

Douglas N. Sharretts, Baltimore (Ginsberg & Ginsberg, Baltimore, on the brief), for appellant.

H. Clifton Owens, Asst. Atty. Gen. (Edward D. E. Rollins, Atty. Gen., Anselm [105 A.2d 662] Sodaro, State's Atty. and J. Harold Grady, Asst. State's Atty., Baltimore, on the brief), for appellee.

Before BRUNE, C. J., and DELAPLAINE, COLLINS, HENDERSON and HAMMOND, JJ.

COLLINS, Judge.

This is an appeal from a judgment and sentence on a conviction of the crime of bookmaking.

An application for a search warrant was made to the Honorable Joseph R. Byrnes, Associate Judge of the Supreme Bench of Baltimore City, by Lieutenant Joseph

Page 592

J. Byrne, of the Baltimore City Police Department, on December 19, 1952, which alleged that believing the law in relation to a bookmaking establishment was being violated in an automobile bearing Maryland License No. 500-300, listed to one Maryann R. Gattus, 617 North Point Road, Lieutenant Byrne instructed officers William Hogan and John Livesay to investigate this complaint. On December 18, 1952, those two officers went to the vicinity of the Pennsylvania Railroad Hump and North Point Road where they noticed an automobile bearing the aforesaid license number pull into a parking lot on the corner of North Point and Bayview Roads. A white man 'who is described as being about 30 years of age, 5 feet 8 inches tall, weighing about 145 pounds, wearing glasses and a dark overcoat,' left this automobile and entered Jones' Tavern. After a few minutes this man came out of the tavern holding an Armstrong scratch sheet in his hand and making pencil notations thereon. As he started to reenter the said automobile, a short, stocky man, wearing a brown leather jacket, came hurriedly from the tavern and called to the described man: 'Wait a minute.' This man then approached the described man and said: 'Give me five to win on Bets Reward', and handed the described man some United States currency which he accepted and put in his pocket. The described man then glanced at the scratch sheet and made a notation on same and then said to the short, stocky man: 'Okay'. The described man then entered the described automobile and drove to the entrance of the Pennsylvania Railroad Hump where he entered and again parked the said automobile on a lot across from a small building, which appeared to be a railroad office. Then, as the described man got out of the said automobile, six men at intervals came out of this office building. After a short conversation with the described man, each of these six men took a scratch sheet from the described man and after glancing at same, returned it to him together with some United States currency, which the described man accepted. After about fifteen minutes

Page 593

the described man reentered the said automobile, drove back to North Point Road and went south toward Eastern Avenue. Officers Hogan and Livesay then left the vicinity. 'Bets Reward' was the name of a race horse entered to run in the fifth race at the Charles Town Race Track on December 19, 1952. This application asked for a search warrant to searth the said automobile and the pockets of all persons found in the said automobile who were actively participating in bookmaking activities, and to arrest the above described white man and all other persons found in said automobile who were actively participating in bookmaking activities and to seize all paraphernalia and other material pertaining to bookmaking.

As a result of that application, Judge Byrnes issued the search warrant reciting the probable cause in the application, Goodman v. State, 178 Md. 1, 7, 8, 11 A.2d 635, and authorizing Lieutenant J. J. Byrne, with assistants, to enter and search the above described automobile for rundown sheets and other racing forms and to bring in the racing paraphernalia so found and the body of the said described white man and all other persons found in the said automobile who were actively engaged in the unlawful operation of gambling on the races.

On December 19, 1952, at approximately 1 P.M., Lieutenant Byrne, with the aforesaid search warrant and with other [105 A.2d 663] officers, took a position at the Pennsylvania Railroad Bridge, near the 'Hump', which was approximately two hundred yards within the limits of Baltimore City. The officers were in plain clothes with no distinguishing marks on their automobile. They sat in the police car facing toward Baltimore County on the North Point Road. Shortly thereafter an automobile, bearing the license number set out in the search warrant, approached from a dirt road which curved in such a manner as to gradually merge with the road on which the police car was parked. As this car, with its window open, came along the right side of the police car, 'as

Page 594

close as you could get to him', Lieutenant Byrne was sitting on the front seat with the right window open and leaning half way out of that window. He blew his whistle and called 'Police, stop, we have a warrant'. The appellant showed no reaction, was not startled, looked right at the Lieutenant and drove on toward Baltimore County. The police followed him and when they were about one and one-half miles within Baltimore County, they forced the appellant over to the side of the road. Lieutenant Byrne got out of the police car, walked up to appellant's car, showed his badge and told him he had a search warrant. The Lieutenant opened the front door of appellant's car and from between his legs on the front seat, found race horse bet slips, which indicated the gambling operation. The officer asked the appellant why he did not stop when the whistle was blown and appellant replied: 'I didn't hear you.' The evidence in the trial below was confined to what occurred on December 19, 1952. Of course, evidence could have been offered as to the occurrences on December 18, 1952. Wilson v. State, 200 Md. 187, 193, 88 A.2d 564; Yanch v. State, 201 Md. 296, 300, 93 A.2d 749; Noel v. State, Md., 96 A.2d 7.

Seasonable motions were made to quash the search warrant and objections were made to the admission in evidence of the gambling paraphernalia found as a result of the search. The State here admits that the search and arrest were not made in Baltimore City, but in...

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28 practice notes
  • Special Investigation No. 228, In re, No. 318
    • United States
    • Court of Special Appeals of Maryland
    • April 7, 1983
    ...at common law in Maryland. However, as in England, the common law limited its use to the search for stolen goods." Gattus v. State, 204 Md. 589, 599, 105 A.2d 661 (1954). "The State refers us to no statute in force in Baltimore City sanctioning a search warrant in this character o......
  • Glover v. State, No. 1664
    • United States
    • Court of Special Appeals of Maryland
    • September 1, 1990
    ...jurisdiction, without a warrant, for Page 401 misdemeanors committed in his presence within a reasonable time thereafter. Gattus v. State, 204 Md. 589, 600-01, 105 A.2d 661, 666 (1954) (emphasis added). This common law doctrine has been codified in many states, including Maryland. Md.Ann.Co......
  • Stevenson v. State, No. 82
    • United States
    • Court of Appeals of Maryland
    • May 6, 1980
    ...the absence of statutory authority expanding it, to the confines of the geographical unit of which he is an officer. See Gattus v. State, 204 Md. 589, 597-600, 105 A.2d 661, 664-66 (1954); accord, State v. Shienle, 218 Kan. 637, 545 P.2d 1129, 1132 (1976); Berigan v. State, 2 Md.App. 666, 6......
  • Birchead v. State
    • United States
    • Court of Appeals of Maryland
    • December 4, 1989
    ...he contends that the warrants were a nullity and the seized evidence must be suppressed. He relies on the holding in Gattus v. State, 204 Md. 589, 595, 105 A.2d 661 (1954), that the power of circuit court judges to issue search warrants is limited to the county in which they sit. Birchead c......
  • Request a trial to view additional results
28 cases
  • Special Investigation No. 228, In re, No. 318
    • United States
    • Court of Special Appeals of Maryland
    • April 7, 1983
    ...at common law in Maryland. However, as in England, the common law limited its use to the search for stolen goods." Gattus v. State, 204 Md. 589, 599, 105 A.2d 661 (1954). "The State refers us to no statute in force in Baltimore City sanctioning a search warrant in this character of case, an......
  • Glover v. State, No. 1664
    • United States
    • Court of Special Appeals of Maryland
    • September 1, 1990
    ...jurisdiction, without a warrant, for Page 401 misdemeanors committed in his presence within a reasonable time thereafter. Gattus v. State, 204 Md. 589, 600-01, 105 A.2d 661, 666 (1954) (emphasis added). This common law doctrine has been codified in many states, including Maryland. Md.Ann.Co......
  • Stevenson v. State, No. 82
    • United States
    • Court of Appeals of Maryland
    • May 6, 1980
    ...the absence of statutory authority expanding it, to the confines of the geographical unit of which he is an officer. See Gattus v. State, 204 Md. 589, 597-600, 105 A.2d 661, 664-66 (1954); accord, State v. Shienle, 218 Kan. 637, 545 P.2d 1129, 1132 (1976); Berigan v. State, 2 Md.App. 666, 6......
  • Birchead v. State
    • United States
    • Court of Appeals of Maryland
    • December 4, 1989
    ...he contends that the warrants were a nullity and the seized evidence must be suppressed. He relies on the holding in Gattus v. State, 204 Md. 589, 595, 105 A.2d 661 (1954), that the power of circuit court judges to issue search warrants is limited to the county in which they sit. Birchead c......
  • Request a trial to view additional results

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