City of Evanston v. Hopkins

Full title: City of Evanston, Appellee, v. Mrs. Ona Webb Hopkins, Appellant

Court: Appellate Court of Illinois

Date published: Feb 3, 1947

330 Ill. App. 337 (Ill. App. Ct. 1947)

71 N.E.2d 209

Opinion

Gen. No. 43,939. (Abstract of Decision.)

Opinion filed February 3, 1947 Released for publication February 17, 1947

SEARCHES AND SEIZURES, § 3^_ — when search of house of ill-fame, and arrest of keeper, not unlawful. Where defendant was arrested on charge of maintaining and keeping house of ill-fame, which house defendant designated as "rooming" house, and it was shown that light outside of such house showed sign "Public Telephone" and door was open when police officers entered, and one of them in presence of defendant saw several nude couples in bed and questioned them as to their marital status, held that telephone sign at entrance, door not being shut and locked, authorized entry of officers, and having gained entrance lawfully, and in view of conversations had, they were authorized to arrest keeper of house and to make search and investigation of premises.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Municipal Court of Evanston; the Hon. JAMES M. CORCORAN, Judge, presiding.

Heard in the first division, first district, this court at the February term, 1947.

Harold M. Tyler, for appellant;

Joseph E. Snowden, of counsel;

Erwin F. Stolle, for appellee.

Opinion by JUSTICE NIEMEYER.

Not to be published in full. Opinion filed February 3, 1947; released for publication February 17, 1947.