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Courts and Criminals by Arthur Cheney Train
page 124 of 266 (46%)
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
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