cently: a Mr. Castinedo was a reputed narcotics peddler. He was at the home of one Johnny Spade when Mr. Spade was supposed to have taken a fix of heroin. The police looked in through the window and saw Mr. Spade taking the fix. They didn't see Mr. Castinedo taking the fix. So they went in, quite properly, and arrested Mr. Spade for taking narcotics. They also searched Mr. Castinedo. They found nothing on him. There was no evidence that he had been taking narcotics certainly not at the home of Mr. Spade. But one of the officers felt that Mr. Castinedo was under the influence of narcotics. So they searched, and he didn't have any narcotics on him, and he didn't have any in his car outside. They had no reason to think he had narcotics hidden any other place. Quite to the contrary, Mr. Spade seemed to be the person who had the narcotics because the kit for using it was in Mr. Spade's house. Over Mr. Castinedo's protests, and despite his futile attempts to lead them astray, the police went to his home. He kept asking them. "Don't you fellows need search warrant"? He repeated the question again and again, "Don't you fellows need a search warrant"? And he took them to his father's house instead of his own, and then to the one next door. And finally they got to his house and searched it and found seventeen grams of pure heroin, which for a user, is a goodly amount but not a huge amount.
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In the Castinedo matter we raised the issue of why the officers didn't get a search warrant when they had to go to a place many miles away in order to make a search. They testified that they had known about Mr. Castinedo for over a year known about his activities that is and had him under surveillance. The point is that under the federal law they would have had to get a warrant for the search. So here we are. The Supreme
Court has taken jurisdiction of our case, and we will soon know whether Matt vs. Ohio really means what it seems to concerning our right to be free from unreasonable search and seizure. I hope and trust the Supreme Court will decide the case in the right way, because while it may result in setting free a man who we may think is perhaps unworthy of the protection of the courts, it, by the same token, is likely to protect many, many persons in future years and even in future centuries in matters entirely unrelated to narcotics.
(Part Two next month: Local Police Practices)
TO FRIENDS WHO PLAN ON VISITING IN SOUTHERN CALIFORNIA With summer vacations close upon us, if you or any of your friends are going to be visiting in Southern California, we invite you to come by the offices of One, Incorporated. We will be happy to meet you and answer any questions you may have about the Corporation.
Remember, you may visit any of the classes we hold through June 11, and are especially invited to the monthly lectures, held at our offices the first Sunday of May and June. We also hold special meetings from time to time and if you are in town. at the time, you may come.
ONE Maintains a Social Service Division which has on file names of attorneys and medical doctors and psychiatrists who are competent to deal with problems of homosexuality. We appreciate your sending in to us the names of new attorneys that you have learned of who should be known to others in your area who find themselves in need of professional help.
The Address is: 2256 Venice (Venice at Western) Phone: RE 5-5252.
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