authorities for their arrest of the defendant.
It is my opinion, based on cases previously cited, that the arrest warrant issued by Commissioner Reed was properly supported by the affidavit of the Federal agent containing hearsay information of one Doris Thomas. While the information concerning the three prior arrests of the defendant by the Pittsburgh police was unnecessary to establish probable cause for the issuance of the arrest warrant, I am of the opinion that even if they had been invalid searches, their inclusion in the affidavit would merely act to bolster the information received from Doris Thomas. I cannot say, however, that the actions of the Pittsburgh police were unlawful. Insofar as the June 18th incident was concerned, no warrant was used in the arrest of the defendant. It would appear and I so say, that the detective who was familiar with the defendant's activities in the numbers business and with the methods used in the numbers business, upon sight, believed what he really recognized was a fact that the defendant was then and there engaged with numbers paraphernalia and had the same on his person. Under such circumstances, he was justified in making the arrest without a warrant, since there was no time to procure either a search warrant or an arrest warrant. It is common knowledge that the numbers business in the area has developed and sharpened into a high degree of stealthy and surreptitious activities aimed at side tracking and deceiving law enforcement officers. It is also known that law enforcement officers engaged in tracking this lottery trafficing have acquired a high degree of knowledge of the trafficers, their identities and their methods in such trafficing.
Under these circumstances, the evidence of the detective on the occasion of June 18th when he had reason to believe that the defendant was then and there engaged in the lottery business so as to have made an arrest upon sight necessary, is deserving of credibility so far as probable cause is concerned.
As for the issuance of the search warrants on March 14th and March 29th, the observations of the attesting officers based upon their surveillance of the defendant, in conjunction with confidential information given through an anonymous phone call, was sufficient probable cause for the issuance of these warrants. Proof that these anonymous calls were reliable, as they usually are in numbers activities, lies in the fact that the searches resulted in substantial recovery of numbers slips.
And also, the defendant in his motion, has requested that the evidence be suppressed and that all testimony pertaining thereto be excluded from the trial of this case. There appears to be no reason to rule upon the admissibility of any evidence here presented. Accordingly, no ruling is made in connection with the admissibility or exclusion of any evidence so far as the trial of the case is concerned. But I do rule that the evidence was properly seized by both the City and Federal authorities. As I have previously indicated, there was sufficient probable cause for the magistrate to have issued the search warrants on March 14th and March 29th, 1963, and the search and seizure of evidence on June 18th, 1963, was incident to a lawful arrest made without a warrant. As for the Federal enforcement officers, they had sufficient knowledge that the defendant was regularly and perhaps professionally engaged in the business of numbers writing, for which, of course, he would have need to pay a tax and procure a gambling stamp as required by Federal law. So that when Doris Thomas came to the Internal Revenue Agent with certain information regarding activities by the defendant as a numbers writer, this taken together with other information was such as would establish basic probable cause for the issuance of an arrest warrant of the defendant.
For the reasons set forth above, the defendant's motion will be denied.
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