 Case dismissed. I've been here nearly five hours now. When do I get a chance to see somebody besides you? When do I get a fair trial? When do I talk to a judge? A strange chain of events makes an innocent man appear guilty and places him in custody. Deprived of his basic legal rights, how can this end in... Case dismissed. WMAQ in cooperation with the Chicago Bar Association presents Case dismissed. This is the story of your legal rights. How vital to preserve and protect them, how easily they may be lost. A 24-hour period packed with tension and human drama begins, innocently enough, as a fond husband bids his wife goodbye at a railroad station. Hey, this is a pretty nice compartment, honey. Take you be comfortable all the way to LA? Oh, I should say so. Only... Well, it'd be a whole lot nicer if you were coming along too, dear. Well, any other time of the year, but the seasoned people start building houses and they could have. But, well, we've gone all over that. I'm lucky I can sneak away fishing with Dave this weekend. Well, I hope you catch a lot of fish, dear. Oh, you'll be sorry you said that. When you get back from your mother's and find the freezer loaded with wall-eyed pipe. Oh, if it turns out the way it usually does, I won't worry too much. The last few springs, all you've caught on the Wolf River, were coals. Now, you're all fine when they talk about coals, leaving me and this Chicago climate while you go traipsing off to sunny Southern California. Oh, I wouldn't for a minute if mother didn't need me in. I don't want to make the trip now without you. Oh, I know it, honey. Only kidding. Besides, it'll do you good to get away from the old routine for a couple of weeks. Maybe I happen to like the old routine. Hey, are you going to be able to take care of yourself while I'm away? No, I probably shouldn't admit it, dear, but I burned my little black book 20 years ago. And I shouldn't admit it, but that's not what I'm worried about. Just be sure you eat three meals a day, get eight hours sleep, don't let the dishes pile too high in the sink, and, oh yes, don't leave the electric coffee pot on and don't forget to lock up the house when you go out. Aye, aye, Captain. Anything else? Well, it might be a good idea to leave a light on somewhere in the house if you go out for any length of time. A candle in the window for our wandering long lost son? Oh, silly. I mean the discouraged housebreakers. Either way, our insurance is all paid up, isn't it? Yes, ma'am. All in order, ma'am. Oh, hang on. I keep forgetting. What do? That camera equipment of mine. Keep forgetting to take out a policy on it. There's a lot of money tied up in that, too. There is an understatement, Mr. Fletcher. I'll see Al about a policy as soon as I get back next Monday. Oh, but what about Saturday and Sunday while you're fishing up in Wisconsin? Oh, nobody'll steal those cameras, Jane. I suppose not, but just the same. You're taking a chance. I'll tell you what. I'll hide them somewhere in the house. That'll make you feel better, honey. Oh, that's a good idea. Just don't forget where you hid them. Oh, darling, it's almost train time. Yeah. Well, bye, dear. Bye, hon. Come home as soon as you can. Oh, and Ed, go home and shave. Huh? That beard. Shave? On the eve of a mighty fishing expedition? Honey, by the time Dave and I hit that wolf river country, we'll look like the original Smith brothers. Oh, crazy. Bye, darling. Take care of yourself. Bye, well, honey. Bye. That's you, Dave? Sure is. Yeah. Oh, is that for Operation Wall-eyed Pike, boy? Oh, I haven't had the tackle outs since last November. What's that? I said, I haven't been fishing since last November. What's the matter? Oh, lousy connection or something. Sound real faint. Are you going up with the rest of the guys, or do you want me to stop on my way through Gordon Park and pick you up? Like. Well, like how early? Oh, maybe four o'clock. I didn't know you ever got up that early. Special occasions? Can you make it by four o'clock? I think so. Are you sure you'll be awake? Sure. Okay. Now, what's that new address again? 3685 Crescent. Okay, got it. Hey. What for? I'm loaded with new equipment. Friend of mine is advertising manager with a big tackle company. Wants me to get this stuff a real work out. How about giving me an assist? Well, sure, Dave. You mean just leave my own tackle at home this time? Adds him an army. What's that? I said, I... We'll look over tomorrow when we don't have this suburban telephone line to fight with. See you in the weeds more than hours in the morning. I'll be sure you're up at four o'clock, boy. I'll be listening... I had reason to doubt Dave's ability to rise that early. He's been roommates in college and in those days he had trouble even making eight o'clock classes. I brewed some coffee while I dressed, drank some, and remembered to pull out the plug on the coffee maker. That reminded me of the cameras. So I stashed him away in an old trunk in the attic for safe keeping. Then I locked up and left the house. Gordon Park where my friend Dave lives is about 40 minutes north of my home. Consequently, it was just about four o'clock on the nose when I pulled up in front of 368 South Crescent and gently tapped the horn. I waited a minute, but there was no sign of activity in Dave's house. Not even a signal light from the front window. So I touched the horn again. Still nothing happened. I had my private opinions of drivers who lean on their horns any time of the day. Before in the morning they deserve capital punishment. So I got out of my car and I woke up to Ed's front door and rang the bell. I listened intently for the patter of little fishermen's feet, but I heard nothing. I rang again and waited. Nothing. I even rechecked the house number with the note I had taken the night before. Checked? Well, where was old Dave? Maybe I could wake him up some other way. His bedroom was around in back. Maybe I could pound on the window or the wall or something. Well, worth a try. There was a little breezeway between the garage and the house. I tried the back door knocker. Likely. I listened against the door for sounds of life inside. Not a sound. I tried the knocker again with due respect to the neighbor. Seemed hopeless. For a minute I even considered trying to get inside the house and wake Dave. I even twisted the door knob. It was locked. Besides, this was no time of the morning to try walking into even a friend's house. You might shoot first and ask questions afterwards. Or a neighbor might see you and call the police. I dismissed the idea and began looking around for a bedroom window. Don't move, mister. You're covered. What? Hey, officer, now wait a minute. I'm not... Get up, mister. Clanton, searching. The older officer pushed a gun into the fall of my back while the younger man searched me. He found nothing, of course. Except the screwdriver and pliers. I always carry my leather jacket. It seemed to satisfy the though. This is a good night's work, Clanton. You figure this is our boy, Wagner? Sure he is. Just wait until the chief gets to look at him. This will take the pressure off him. Wait a minute, officer. You men are making a mistake. I'm just trying to wake up a friend. I told you to shut up, mister. Hold out your hand. Clanton, put the cuffs on him. Wagner, what's the story about that friend? Better listen. Yes, now please, officer. This is all a mistake. My friend is asleep inside this house and I was only trying to wake him. Well, friend, I looked, mister. There's nobody in that house. The whole family's in Florida. In Florida? But Dave lived in... Shut up, mister. Grab all you wanted at the station. Now, Mark, your one-man crime wave is all over. They pushed me in their prowl car and drove to the village hall. Outstairs, I saw a small courtroom and office and four cells. Upstairs, there seemed to be a living quarter. They heard me into one of the cells and locked the door. The two officers left me. About a half hour later, they stomped back into the building. Apparently, they brought my car back, mister. I think I'll call up Chief Thompson telling the good news, Clanton. You don't get him out of bed, Wagner. Why not? Getting this guy makes us big shots. Now, maybe the Chief will get off our back. And just the same, I'd wait a couple hours. Hey, maybe we can get a confession on him. Lay it right out in the Chief's desk, all neat and complete. Hmm? Maybe you're right, Clanton. It'll be a feather-hunter cap's all right. We've got the confession, too. Yeah, I'll get a pencil and pair. Okay. This should be a cinch. All right, mister. We'll get you a chance to talk now. What's your name? Edward Fletcher. What do you live? 2486 Martin Drive, Chicago. Martin Drive, huh? Pretty snazzy neighborhood. Business must have been pretty good for you, Fletcher. I don't know what you're talking about, officer. But I do know you've made a pretty bad mistake. You talk like they do on the radio, mister. We haven't made any mistakes, but you have. Your last one for a while. The only thing I can think of is that you figure I was trying to break into that house. Did you hear that, Clanton? Mr. Fletcher thinks we think he's a common ordinary housebreaker. I wonder what gave him that idea. Can't imagine, Wagon. Well, I wish you'd come out and say what you got me here for. I was just trying to wake up my friend. In our house where nobody's living? But there's a mistake I tell you. There has to be. That was 368 South Creston. And that's the address he gave me last night on the phone. See, here's the note I made. You thought of everything, didn't you? Look, will you just call my friend? Maybe there was a mistake on the address. But if you'll just call Dave Stanley right now, he'll tell you he's my friend and I'm telling the truth. You haven't got any friends, Mr. Fletcher, especially right now. Why don't you admit it? Admit what? I'm a respectable businessman trying to pick up an old friend and go fishing in Wisconsin. What should I admit? Fishing, eh? Ask him the $64 question, Clanton. Yeah. Where's your fishing equipment, Fletcher? Yeah, why didn't we see it in your car? I didn't bring any tackle. Yeah, you were going to pull in a fish with your bare hand. My friend Dave Stanley wanted me to try some new equipment of his. He told me to leave mine home. You're sure lucky to have such a useful friend, Fletcher. The only thing is, I don't see how he can help you beat a long-term in Juliet. Juliet? Officer, what the dickens are you talking about? Same thing, every law-abiding merchant in the homeowner in Gordon's Park's been talking about for the past two months. Somebody had to stop you, Mr. I'm glad it was me. Ah. Ah. Okay. Uh, Fletcher, you say you're a respectable businessman, but how come the pliers and screwdriver in your jacket pocket? How come the kit of tin snips and drills and stuff in your car trunk? I'm in the electrical contracting business. I don't do a lot of the work myself anymore, but I'm always prepared. Yeah, prepared is right. You're so respectable, Mr. you sure need a shave. You ever go fishing yourself, Officer? Or do you always spend your weekends terrorizing innocent people? Mr. Fletcher's getting bright now, Clanton. Uh, take it easy, Wagon. Now start talking, Fletcher. Clanton, take it down. Okay. When you stepped around behind the house and made a move toward that back window, what were you planning to do next, Fletcher? I was merely going to tap on that window till I woke up my friend inside. Okay, bright boy. We can wait for you. We can wait a long time. Just as long as you want. Close it up, Clanton. Hey. Now, wait a minute. You can't just leave me here. Give me a break. Give me a chance to prove I'm innocent. Let me call somebody. Oh, real smart boy. I know you want to call your lawyer. Well, sure. Now that you mentioned it, I could call my lawyer. Harvey Spray could identify me. Sure, he could spring you, too. Now, sir, you've been on this case too long. Now we've got our bird dead to rights. We're not going to let him fly the coop. You won't let me call anybody? That's right. Wagoner, can't you let him call somebody? How about his wife? Fletcher, you want to call your wife? Oh, I was hoping you wouldn't ask me that. What's the matter? Pray the car? Pray it'll blow up your final story? No, you wouldn't believe me anyway. My wife's halfway between here and Los Angeles on a train. I can't call her. The two officers left me and went back to the police department office. A little while later, I looked up and saw Planton on the other side of the bar. Mr. Fletcher, I had a feeling maybe you weren't getting a square deal, so I made a phone call for you. You did? Really? Well, who'd you call? This friend, you claim you were trying to find? I looked him up in the phone book and gave him a buzz when Wagoner wasn't around. Well, didn't he back up my story? Didn't he tell you to let me go? He didn't say anything, Mr. Fletcher. Nobody answered at all. Really bold me over. Yet, when I thought about it, the whole thing figured. They even waited for me to show up. Somehow, I'd gone to the wrong house. Waited an hour, maybe longer. Tried to call me at home. Finally decided I'd backed out or been called out of town or something and he'd given up. He'd call his other fishing friends and gone to the Wolf Rither with them. Well, no wonder, no answer. And by this time, I was really burning. I was getting pretty concerned about my situation, too. You hear about crazy coincidences like this? Fantastic tricks of fate involving a person? But you never imagine it can actually happen to you. Yet, here I was. John Q. Good, citizen himself. Sitting in a jail cell for unknown crimes I hadn't committed. Forced to talk without benefit of legal counsel and unable to contact anyone who could help prove my innocence. Now, I wondered where Wagner and Clanton were now. And if I'd known, I'd have been twice as burned up if that was possible. Well, Wagner, I don't think he's very smart. Moving in on his fellow's home without a search warrant. Look, Clanton, who's to know? We got this guy's address from his driver's license. We get his keys when we frisk them. So we use him to search his house and find some clues to break his story. Once we get his confession, what difference does it make how we get the evidence? You know, he's a hoodlum we've been looking for. Well, don't you? Oh, well, what do we look for in his house, Wagner? Lute, Clanton, lute. This guy's cracked enough shops to start a department store. And inside this house he is. Zack, where were we? Everything looks pretty normal to me. I'm not giving up yet, Clanton. Maybe the guy deals directly with a fence and brings the loot home. Still, there's bound to be something around here to pin it on him. What do you make of this? Looks like an attic closet. Let's have a look. This looks like a first-rate place to find what we're looking for. I don't know, Wagner. Sometimes I think you're long overdue for a good vacation. Don't get smart with me, Clanton. If you've been in this business as long as I have, you'll know a crook when you see one. That guy Fletcher is guilty, and I'm going to prove it. Even if you have to keep him in Communicado for a year, huh, Wagner? I warned you, Clanton. You're a young punk, but I can still... Okay, okay, take it easy, Wagner. Don't blame me if this whole thing blows up in your face. No chance of that, I can tell. There's a pile of blankets. Anything under that? I see. The boxes. All of them out. Okay, it's nothing. Just a fellow camera in this one. What's in the other? A camera in this one, too. One of those instant picture jobs. Yeah. That next box. It's a little camera. Yeah? Yeah. This one's got a big camera in it. Newspaper type. Here's a box full of lenses. It sure looks good, Clanton. Good for us. We've got this bird right where we want him. Look, what right do you have to search my home, officer? Who gave you permission? Just to answer my questions, mister. You're going to hear plenty about this. Don't threaten me with anything, Fletcher. These cameras we found at your house cooked your goose. I'll see you here, officer. What are you trying to do? Frame me? And for what? Arm dropery, burglary, second story work? What? Take your choice. Call it anything you want. I'll confess nothing. In fact, I don't think I'll talk at all anymore. You'll sit here till you do. I've been here nearly five hours now. When do I get a chance to see somebody besides you? When do I get a fair trial? When do I get a judge? You'll get your rights when you decide to come clean. Look, we caught you breaking and entering. Now we've got all the evidence we need on your past crimes. You're guilty, mister. All we want now is your confession. How long could this go on? I have no idea, but I decided it was time to take some chances. I took the risk that Clanton was a fair-minded officer who might give me a break. Next time he came by my cell, I made my bid. Yeah? What do you want, Mr. Fletcher? Well, look, I know things look bad for me, officer, but you aren't the kind of a man to stand by and see me railroaded on circumstantial evidence without a chance, are you? I can't do much, mister, even if I felt it was right. Wagner's the top kick when the chief's not on duty. Uh, what do you have in mind? A call to my lawyer, Harvey Sprague. Yeah, I wish I could help you, mister, but Wagner said no lawyer, and if I... Now, wait a minute. Just do this for me. Call my lawyer at his home and simply ask him as if you were a friend of mine where you could reach me today. Then if he answers and gives all... Mr. Sprague, this is Don Clanton, friend of Ed Fletcher's. Oh, yeah. I've been trying to locate Ed all morning, and I've heard him speak of you, so I thought you might know where he is. Certainly, mister. I believe he left earlier this morning, to reach him. Oh, yeah. Uh, Mr. Sprague. Yes? Mr. Sprague, I'm a police officer out here in Gordon Park, Illinois, north of the city. Your friend Ed Fletcher's really out here in our jail. What? Yes, sir. I think you'd better get out here right away. Shortly after this, I was being subjected to another of Officer Wagner's Conceptions of Justice, a lineup involving an accuser and just one suspect. Now, Mrs. Troy, burglarized your jewelry store about 7 o'clock, even in February 2nd. Is that right? Yes, sir. You caught a glimpse of him as he was leaving? Isn't that correct? Yes. Would you say he was about this man's size? Yes, just about. Do you recognize him? No, sir. I didn't see the burglar's face at all. I just heard him say put out that light, lady. Say that, Fletcher. I'll say nothing. That's not what I want you to say, Mr. Say put out that light, lady. Now, look, Mr. Do you know what's good for you? What's going on, Ed? Just a little polite intimidation, Harvey. Boy, am I glad to see you. Wait a minute. Who let you come barging in here, Mr? I'm Harvey Sprague, Mr. Fletcher's lawyer. Oh, yeah. Well, I'm John Wagner and I'm in charge here. I'm telling you to get out of here. I'll see you in the office. I'll see you right here. With what is Mr. Fletcher charged? I'm holding him on an open charge right now. You mean you're holding him on no charge, Mr. Wagner? There's no such thing as an open charge and you know it. You also know that no man can be held in custody unless he is apprised of the crime for which he is charged. I want to know why my client was not allowed to contact his attorney. You're talking through your hat, Mr. We caught this guy red-handed, breaking and entering. He's the guy who's been burglarizing this town for months. We got him dead to right. Oh, hey, this is ridiculous. You won't think so when you see the evidence we got out of his own house. Ed, you gave them permission to search your home Permission? Harvey, this officer doesn't ask permission. He found my cameras and decided they were stolen goods. Look, how can I catch these hoods with all the legal technicalities you have on the books? The citizen squat, the papers scream, the brass jumps on us. We have to catch the guilty. I don't like this system. It says I can't go into a house and find stolen goods. These legal technicalities, my friend, the system you speak of, it's to protect the innocent. I'm aware of your problem, but as long as there are innocent people, we're going to see that they're not intimidated. Evidence found without a legal search warrant is not admissible and caught. Besides, this whole case is completely ridiculous. Ed, has this officer been questioning you two? Nothing else but for the last five hours, Harvey. Frankly, I'm getting a little sick of it. You'll be sicker when the verdict comes in. I think not, Mr. Wagner. When do you plan to take my client before the magistrate? When we get good and ready. Maybe Monday. The law says anyone arrested for a crime without a warrant must be brought before a magistrate without unnecessary delay. Yeah? Well, our magistrate doesn't happen to be around right now. I beg to differ with you, officer. Your magistrate lives upstairs above this very court. He's available at all times. And for your own good, I suggest you contact him immediately and prepare for an appearance against my client in court. Harvey Sprague put through a call to the Wolf River fishing camp, finally located Dave, who came barreling back to Gordon Park for the court session that afternoon. Dave's testimony cleared me of all charges, of course. Officer Wagner, the eager beaver, went down to grudging defeat. But not before my attorney friend Harvey Sprague had blasted him with a withering fire of counter charges. The defendant has been badly used from the moment of arrest to this very minute. He has been deprived of many of the basic rights assured him by the federal and state constitutions. He was kept in custody without charge, refused an opportunity to seek legal counsel, kept from immediate appearance in court, and his home was searched without permission or warrant. While the defendant may wish to seek redress for these indignities directly, it is our feeling that the defendant it is our feeling that the court itself may wish to censure the offending officer. Court feels defendant's charges merit complete investigation and suitable action if they are substantiated. And the matter now before the court, case dismissed. I finally figured out how I made that stupid error on the addresses, Dave. What you doing? Well, you gave me the number 3685 Crescent. I wrote it down in the hurry. I got the 368 all right, but the five looked more like an S when I looked at it this morning. Result, 368 South Crescent instead of 3685 Crescent. Man, what trouble that little error brought you. Dave, a few hours ago as I sat in that jail, if anybody had told me I'd be going fishing this afternoon, I'd have thought it was crazy. It'd have given you a tough time. It wasn't that so much, Dave. It was that horrible feeling of knowing you have rights but not being able to protect them. Pretty miserable feeling, Alvin. Dave, I now have a much better appreciation for the way a fish feels. Brother, it's no fun to find yourself hooked. Here to summarize today's case dismissed is your counselor, Dean John C. Fitzgerald of the Loyola University Law School, Dean Fitzgerald. A man's rights always have been of supreme importance in the United States. Although arrests may be made on any reasonable grounds, a man must know the charge he is to face. There can be none of the old English star chamber methods. In today's story, the arresting officer had a right to question Ed Fletcher but not to make him give testimony against himself. Furthermore, the officer should have advised Ed of this fact. The search without permission or warrant was completely illegal of court. With the magistrate immediately available, the failure to charge Ed and take him to court immediately was inexcusable. When cases of this thought do arise, they often are the result of social pressures demanding protection in prime-ridden areas. In such an atmosphere, over-eager or misinformed law enforcement officers anxious to do a job may bring about violations of age-old rights of man. Ignorance on your part will make matters worse. Knowledge of your rights when arrested will help to protect you. I want to remind you that the legal points in tonight's story were based on Illinois law and may not apply in your state. May I point out too that the facts in your situation will probably differ from the facts presented in this story. This difference in the facts may change the application of the law. Next week, WMAQ and the Chicago Bar Association will take up the subject of liability for minors on case dismissed. Until then, this is your counselor, Dean John C. Fitzgerald, wishing for each of you a good night, good luck, and good law. Case dismissed. If you're in need of legal counsel and do not have a lawyer, you may get in touch with the Chicago Bar Association. The association maintains as a public service a lawyer-referenced plan which will refer you to an attorney. Case dismissed is written by Robert Carmen and is based on information supplied by the Chicago Bar Association and its lawyer members. All characters were fictitious and any resemblance to any person living or dead is purely coincidental. Members of the cast were Rosemary Kelly, Carlton Caddell, Clarence Hartfield, Jack Leicester, Claire Baum, and Sidney Breeze. Case dismissed is produced by Betty Ross. Direction is by Herbert Latole. Musical effects were transcribed. Sound by Tom Evans. Engineering by Harold Witterberry. This is Lee Bennett speaking, inviting you to return next Saturday at the same time when we'll bring you a story of the inliability for minors on Case Dismissed. This is the NBC Radio Network.