lice to go on the roof of a building which housed a group of pay toilets in order to "do something in regard to the homosexual activity going on inside the toilets." A pipe about 13 inches long and 12 to 13/4 inches in diameter, capped when not in use, had been installed through the roof of the building over two of the toilet booths. Officer Hetzel did not know who had installed the pipe. He testified, however, that the purpose of the pipe was "to look through," and that a person so doing would be able to observe an area of the two toilet booths below approximately 3 feet in total diameter i.e., 18 inches on either side of a thin partition between the booths. If the toilets were in use the observer would therefore see part of the body of each person using them, .depending upon the position of the observer and the occupants. Hetzel further testified that "a lot of times" each week he went up on the roof of the restroom, uncapped the pipe, and watched the occupants of the toilets below. On each occasion he remained on the roof "until we make an arrest, or until we see that we can't make an arrest."

At 11 p.m. on the night in question Hetzel uncapped the surveillance pipe and observed two of the defendants who were then unknown to him-sitting on the respective toilet stools. He watched the men pass several notes back and forth through a hole in the partition. between their booths, and subsequently commit, by means of the hole, the act of violation charged. Hetzel then called to two fellow vice-cops in the street below, who entered the booths and arrested the men. No warrant had been issued for either the search of the premises or for the arrest of the men. Having already learned this

much from the energetic researches. of his assistant, Dane Mohler, who had risked life and limb to gather the data, Mr. Wood was prepared to enter a motion at the preliminary examination to exclude all of the evidence offered by the state on the ground that it had been obtained by an illegal search and seizure in violation of the constitutional guarantees (U. S. Const., 4th and 14th Amends.; Calif. Const., art. 1, sec. 19). The motion was denied.

The local court was under tremendous pressure from the Long Beach Police and D. A. Many of the judges' offices are right across the hall from the D. A. The arrangement at the Pike restroom was providing a pipeline to success in catching homosexuals. If their evidence was to be declared inadmissible because of the methods used to obtain it, the police would lose a good thing. And besides, Officer Hetzel would not get anymore overtime pay for testifying. He loved his work.

Former defendants had either pled guilty or defended themselves unsuccessfully simply against the acts charged. Attorneys less igeniOUS and painstaking had not troubled with the unreasonable search angle.

In making the motion to exclude the evidence of the state in the preliminary examination, as he so wisely did, Mr. Wood prevented the case from becoming a homosexual one. And at no time did it ever become so. The question before the courts was solely one of civil rights -the right to privacy. Later, in preparing his brief for the State Supreme Court, Mr. Wood cited over 50 applicable cases, but shrewdly avoided using any of a homosexual nature.

Through Mr. Wood's assistant, Dane Mohler, the defendant's (actually, petitioner's) case was