APPEAL from the Circuit Court of Cook County; the Hon. JOHN J.
MORAN, Judge, presiding.
MR. PRESIDING JUSTICE HAYES DELIVERED THE OPINION OF THE COURT:
Two records have been filed in this court. General No. 57410 involves a complaint filed against the defendant, Samuel Green, charging him with the offense of gambling in that on 17 February 1971 he used or kept an instrument or apparatus for the purpose of recording and registering bet wagers in violation of section 28-1(a)(5) of the Criminal Code. (Ill. Rev. Stat. 1971, ch. 38, par. 28-1(a)(5).) General No. 57411 involves a complaint filed against the defendant, Samuel Green, charging him with a similar offense on 19 February 1971. The complaints against the other defendants, John E. Turner, Aaron Atwater, Charles Lewis, Jr., and Roosevelt Ashley, do not appear in either of the records.
The trial court sustained defendants' pre-trial motion to suppress evidence seized incident to their arrests, holding that the arrests of the various defendants were illegal and that, therefore, the evidence seized incident thereto should be suppressed. The People appeal pursuant to Supreme Court Rule 604(a)(1). Ill. Rev. Stat. 1971, ch. 110A, par. 604 (a)(1).
No brief has been filed by the defendants. However, in accordance with the practice of the court, the appeal will be decided on its merits. People v. Caruso (1971), 2 Ill. App.3d 80, 276 N.E.2d 112.
The sole issue on appeal is whether the trial court wrongfully sustained the motion of defendants to suppress the said evidence.
At the hearing on defendants' motion to suppress the evidence, Police Officer Radcliffe, assigned to the vice-control division, gambling section, of the Chicago Police Department, testified that, under an assumed name, he applied for and obtained a job with the Schultze and Burch Biscuit Company, 33 West 35th Street, Chicago, Illinois, to investigate gambling activities suspected of being conducted on the company's premises. He worked there from about 2 February 1971 to about 25 February 1971. On 10 February 1971, Radcliffe was working on a conveyor belt. He observed defendant Samuel Green approach the conveyor belt. An employee who was working next to Radcliffe left the conveyor belt, walked over to Green, and Green opened a scratch sheet. They conversed and Radcliffe saw some United States currency passed to Green by the employee. He saw Green write something down on a slip of white paper and hand it to the employee. He heard Green state: "O.K., 5th race."
On 11 February 1971, Radcliffe had a conversation with another employee, who agreed to place a bet for Radcliffe. Radcliffe saw the man go into the locker room and walk up to Ashley, one of the defendants, and give Ashley a dollar Radcliffe had given him. The employee brought back a receipt. Radcliffe subsequently said that he had the conversation with the employee on 11 February 1971, but that the bet was placed on 16 February 1971. Radcliffe took the receipt which the employee gave to him and inventoried it. In Radcliffe's opinion it showed a "One dollar bet for the daily double bet at Balmoral for the numbers 6 and 1".
On 12 February 1971, at about 10:40 A.M., Radcliffe went to the locker room and observed Ashley seated on a bench with a pad, a pencil, and a scratch sheet in front of him. Employees were coming to Ashley and giving him money and receiving a receipt in return. An employee would come to Ashley, stand over the scratch sheets that he had, whisper something to him, and give him money; then Ashley would write something on the pad, tear off a carbon copy, and give it to the employee.
On 15 February 1971, Radcliffe asked Green to take a wager for him for a horse race. Radcliffe told Green he would like to place $2 on two separate daily doubles. Radcliffe placed $1 on the first race at the Fairgrounds for the fifth horse. He also placed $1 on the second race, No. 4 horse.
On 17 February 1971, at about 9:05 A.M., Radcliffe placed another wager with Green in the bake shop for the first race at Hialeah for the second horse, $1 to win. He received a receipt indicating that wager.
Radcliffe had a conversation with defendants Turner and Atwater on 17 February 1971 about playing the horses. At the end of the conversation, Turner pulled out an order pad from his locker and accepted a wager from Radcliffe on the daily double at Balmoral. Radcliffe then gave Turner a dollar and Turner gave Radcliffe a receipt for the daily double, which Radcliffe could not now find.
Radcliffe later observed Atwater standing near a door to the washroom with other employees, reading scratch sheets. Every so often they would give Atwater money, he would jot something down on a piece of paper and give it to them, and they would leave.
On 19 February 1971, Radcliffe observed Roosevelt Ashley seated on a bench in the locker room with a scratch sheet and an order pad. Radcliffe told Ashley that, if Ashley would cash his paycheck, he would bet $5 on the fourth horse in the first race at Balmoral. Ashley gave Radcliffe the money from his ...