02x09 - Log 123: Courtroom

[bunniefuu]

[Female Dispatcher]
One-Adam-12, no warrant.

Lincoln X-Ray Ida 483.

One-Adam-12, a


with chains and knives.

♪♪ [theme]

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.

[laughs]

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.



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


You wanna make
a call on Mr. Brown?

What's the address?



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.

[laughs] 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.

[indistinct chatter]

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.

[Malloy] 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.

[gavel pounding]

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.

[gavel pounding]

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


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.

[Bailiff] 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.

♪♪ [ theme]

[no audible dialogue]