Two appeals in one record from the Criminal Court of Baltimore (GRADY, J.).
The cause was argued before Henderson, Hammond, Marbury and Sybert, JJ., and Anderson, J., Associate Judge of the Sixth Judicial Circuit, specially assigned.
ANDERSON, J., by special assignment, delivered the opinion of the Court.
The appellants, James Crenshaw and Freddie Oscar Ferguson, were tried and convicted in the Criminal Court of Baltimore
upon separate indictments charging each with the crime of lottery. The appellants were tried jointly before the Court, without a jury, and each was found guilty on the fifth count of each indictment charging lottery paraphernalia in possession, and sentenced to one year in the Maryland House of Correction and a fine of $1,000 each; House of Correction sentence suspended upon payment of fine and costs. From the conviction and sentence each has appealed.
While both appeals are primarily based upon illegal search and seizure, their respective contentions are upon different grounds. Crenshaw's principal contention is that a search warrant authorizing a search of the premises known as 1301 E. Baltimore Street did not authorize the search of three adjoining buildings constituting one business establishment known as Central Battery Service, the principal address of which is 1301 E. Baltimore Street, and that the evidence of lottery therein obtained was illegally used against him. He also contends that there was a conflict in the evidence with respect to the articles found upon him, and, therefore, the court erred in failing to resolve this in his favor. Ferguson's principal contention is that the search and seizure of lottery materials from his automobile was illegal, as was his arrest, since the police had no warrant to search the automobile or the property upon which the automobile was located, and that there was no misdemeanor committed in the presence of the police officers.
The search warrant was issued by Judge Sodaro on November 28, 1962, upon the affidavit of Officer Andrew Vrablic of the Baltimore City Police Department as to certain observations made by him on November 23, 26, and 27, 1962, when he observed a number of persons engaged in lottery activities at Central Battery Service, 1301 E. Baltimore Street. It commanded him with the necessary and proper assistants: (1) to enter and search the premises known as 1301 E. Baltimore Street, in the City of Baltimore; (2) to search the person and clothing of persons named or described in the warrant; (3) to search all other persons who may be participating in said criminal activities; and seize all paraphernalia used in or incident to the operation of said criminal activities, and seize any evidence that pertains to said criminal activities.
The search was made on November 29, 1962. Sergeant Green and Officer Vrablic, accompanied by other officers of the Police Department, went to premises known as 1301 E. Baltimore Street, that being the official address of the Central Battery Service. The Central Battery Service is a tire, battery and repair shop located at the corner of E. Baltimore Street and South Central Avenue. It consists of several adjoining buildings in which the Central Battery Service is carried on. All of these buildings are owned by the same person, and are operated as part of the Central Battery Service. The formal address of Central Battery Service is 1301 E. Baltimore Street, although the buildings to the rear that face on S. Central Avenue are numbered 3, 5 and 7 S. Central Avenue. These buildings are the battery shop and the repair shop. All the buildings are joined with the exception of a small alleyway, left open because of fire regulations, between the battery shop and the repair shop. However, this is closed in by a partition at the top and a door beneath which is kept closed. The buildings are painted white and blue, and carry indicating they are the "Central Battery Service."
Upon arrival on the premises, the officers went to the rear of 1301 E. Baltimore Street where the repair shop or garage and battery shop are located. There they arrested the appellant, James Crenshaw, the first person described in the warrant, and searched him and the surrounding premises. Upon searching Crenshaw, they found two lottery code cards, 14 non-conventional lottery slips, containing 139 numbers and $36 in play. In searching the surrounding premises, they found a large number of lottery cards, slips, and money, the majority of which were found in the repair shop or garage and some in the battery shop. After searching Crenshaw, Officer Vrablic left the premises and took a position outside at E. Baltimore Street and S. Central Avenue. While there he saw the appellant Ferguson, described in the warrant as the person driving a Ford automobile, arriving in a 1950 Pontiac. Ferguson was observed getting out of the car, taking a paper bag from a man who walked over to him, putting the bag in the car and locking it. He then was seen walking towards the garage. Vrablic, after signalling to Green that Ferguson was approaching, looked in the car and
observed evidence of lottery on the front seat. Meanwhile, Ferguson arrived at the garage or repair shop where Crenshaw was in custody. He walked over to Crenshaw and said "what's up," to which Crenshaw replied "the man is here"; whereupon, Green identified himself to Ferguson, showed him the warrant and upon searching him found $57.25 in currency in his pocket. Officer Vrablic then entered the garage or repair shop and told Sergeant Green that the automobile was parked across the street on a vacant lot in the 1300 block of E. Baltimore Street, and informed him as to what he had seen in the automobile. Green then left the garage and went to the automobile where he observed lottery slips lying in the front seat. The Crime Laboratory was called, and photographs of the inside of the automobile were taken before it was unlocked. While waiting for the Crime Laboratory personnel to arrive, the keys of the car were obtained from Ferguson, and after the photographs were taken the car was unlocked and searched. The search revealed evidence of lottery in the form of lottery slips, adding machine lottery ...