strengthened. An exhaustively researched, 2-point brief was submitted to the State Supreme Court: Point "The decisions of this Court [Div. 3 of the Dist. Crt. of Appeal of the 2nd Appellate Dist.] are, being extended beyond their original scope and meaning. Consent to a search is being implied where there is no consent in fact and no waiver of Constitutional rights." Point II-"There was no probable cause for arresting petitioners prior to the search, and the police are now trying to justify this search by what it produced." The Supreme Court unanimously agreed with Mr. Wood's argument and reversed the lower courts' denials. Said the concurring justices in part: "In the case at bench it would appear that the officer's clandestine observation of the then unknown occupants of the toilet booths by means of a pipe installed in the ceiling constituted an unreasonable search. Prior to uncapping the pipe on the night of the incidents at issue Officer Hetzel had no reasonable cause to arrest these petitioners. He had no grounds for believing or even suspecting that they had commited or were then committing a crime, or that they were occupying the booths for anything other than lawful purpose. Indeed, the officer testified he . . . had never seen them before looking through the pipe. According to the officer it was his practice 'a lot of times' each week to climb up on the roof uncap the spy-

pipe, and observe the occupants of the toilets below-i.e., whoever they might be . . . In so doing he spied on innocent and guilty alike. Such a practice amounts to a general exploratory search conducted solely to find evidence of guilt, a practice condemned both by federal law... and by law of this state. . . "Certainly the premises of an amusement park held out to public

one

use are subject to reasonable inspection. But license to make such an inspection of a toilet stall is not equivalent of authority to invade the personal right of privacy of the person occupying the stall. Authority of police officers to spy on occupants of toilet booths-whether in an amusement park or private home will not be sustained on the theory that if they watch enough people long enough some malum prohibitum acts will eventually be discovered."

A black day as well as a black eye for pipe-peepers.

MORE GROWTH IN THE HOMOPHILE MOVEMENT

Ten or twelve years ago there were no homophile organizations in United States. Today there are eight or ten, perhaps more. Latest addition to the roster is found, once more, in Southern California. This new group is situated south of the Los Angeles metropolitan area and hopes to enlist the interest of those living in the rapidly growing coastal region between San Diego and Los Angeles.

Representatives of ONE were invited to speak at a recent meeting. of this group and found an active and vigorous membership of men. and women, in about equal proportions, who appeared to be making a sincere and intelligent approach toward solving some of the problems that daily confront homosexuals at home or at work."

They were much interested in having answers for the many questions which inevitably arise in the early development of any homophile organization. The representatives from ONE did their best to share as much from ONE's experience with the same problems as the members of DIONYSUS requested.

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