Dragnet: The Big Ruling 9/06/1955

Summary

Choice Classic Radio Detectives | Dragnet: "The Big Ruling" (9/06/1955)

Podcast: Choice Classic Radio Detectives
Episode: Dragnet: The Big Ruling
Original Air Date: September 6, 1955 (Dragnet); Podcast Release: June 2, 2026
Length: ~28 minutes
Summary by: [Your Name/Handle Here]

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Main Theme / Purpose

This episode of Dragnet dramatizes the impact of a newly established legal precedent on police procedure: the exclusionary rule, which disallows the use of evidence obtained through unlawful search or seizure. Through the pursuit and capture of a narcotics suspect, Joe Friday and Frank Smith come up against a case that may not stand in court—not because the evidence isn’t strong, but because of how it was obtained. The episode highlights the tension between effective police work and constitutional protections for suspects.

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Key Discussion Points & Insights

1. Narcotics Detail Begins Investigation

• Setting: Los Angeles, May 23rd, Night Watch ([02:22])
• Detectives Friday and Smith are following up on a report that a supply of heroin (“H”) has hit the city.
• Initial suspicion falls on known users and small-time peddlers; they’re worried the drugs will be distributed across town before they can intervene.
• Comic relief: Joe's strong coffee, showing rapport and familiarity between the partners ([02:49]-[03:51]).

2. Informant Tension & Motivation

• Candy Delman, an ex-con informant, calls the squad, offering a lead ([04:11]-[10:24]).
• Candy expresses moral qualms (“Even when I was pushing, I never sold to kids.” – Candy Delman, [09:54]), setting the stage for why he’s willing to talk now.
• Key tip: Drugs are being peddled not just to adults but to teenagers.
• Memorable Quote:

  "Guy gets hooked, that's his own business. ... But if he wants to kick it for good, he's gotta do it." — Candy Delman ([08:48])

• Informant withholds the dealer’s name; only provides a vague location (Walker Drive, Hollywood Hills), indicating mistrust and the limits of his cooperation.

3. Stakeout and Arrest

• Late-night surveillance leads Friday and Smith to spot Sam Free, a known user and suspected pusher ([12:22]).
• They detain and search Sam, discovering heroin and a large cache of new sweaters in his car ([12:40]-[14:26]).
• Sam tries to play off the evidence, but the quantity of narcotics and stolen goods distinguishes him from small-time offenders.
• Memorable Quote:

  "A couple of months ago, all we had you pegged for was a user and a small time pusher. There’s a lot of H." — Frank Smith ([13:16])

4. Connecting the Dots

• Investigation reveals the sweaters are stolen from Whiteside Lady Sports Shop, confirming Sam as both a drug dealer and a burglar ([17:06]-[18:08]).
• Light-hearted moment with Mr. Whiteside, the store owner, as he expresses surprise and newfound respect for police efficiency ([18:08]-[18:59]).
• Memorable Quote:

  "I've done my share of complaining about policemen...you sure showed me tonight." — Mr. Whiteside ([18:16])

5. Legal Challenge: The Exclusionary Rule

• Crucial segment: Friday and Smith attempt to file charges, only to be advised by Deputy D.A. Don Avery that the evidence may be thrown out due to the manner in which it was obtained ([21:21]-[25:05]).
• Discussion details the new exclusionary rule: evidence garnered from an illegal search can no longer be used in court, a shift from prior California practice ([23:24]-[24:33]).
• Notable Exchange:

  “Evidence obtained by illegal search or seizure can be thrown out of court. ... Federal government has the same ruling. Most of the states don’t. We never have—until now.” — Don Avery, Deputy D.A. ([23:24]-[23:43])

• The detectives debate the practical implications for law enforcement, voicing frustration that the new rule may aid criminals and hamper police efforts ([24:00]-[25:54]).

6. The Consequence: Dismissal of Charges

• The episode ends with the court dismissing the case against Sam Free:

  “The court ruled that the evidence against him had been obtained by illegal search and seizure. The charges against the suspect were dismissed.” — Narrator ([26:49])

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Notable Quotes & Memorable Moments

• Candy Delman’s Ethics:

  “Even when I was pushing, I never sold to kids. ... Just didn’t seem right.” — Candy Delman ([09:54])

• Mr. Whiteside’s Apology:

  “I’ve been wrong about cops all these years, and you sure showed me tonight.” — Mr. Whiteside ([18:16])

• On New Legal Rules:

  “Evidence obtained by illegal search or seizure can be thrown out of court. ... Doesn’t work that way anymore.” — Don Avery ([23:24])

• Detectives’ Frustration:

  “Maybe I’m just thick, Don, but it seems to me the only guy who’s better off is the criminal.” — Joe Friday ([24:00])

• Case Outcome:

  “The charges against the suspect were dismissed.” — Narrator ([26:49])

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Timestamps for Key Segments

| Timestamp | Segment Description | |------------|----------------------------------------------------------| | 02:22 | Squad receives narcotics report, sets context | | 04:11 | Candy Delman offers tip, first hints at new moral stance | | 09:54 | Candy’s revelation: "Never pushed no kids" | | 12:22 | Detectives surveil and arrest Sam Free | | 14:26 | Discovery of stolen sweaters in Sam's car | | 17:06 | Sweaters linked to burglary; owner contacted | | 18:08 | Mr. Whiteside’s gratitude, apology to police | | 21:21 | D.A. reveals new legal standard on evidence | | 23:24 | Clear explanation of exclusionary rule | | 24:00 | Detectives express dismay at new rule’s impact | | 26:49 | Court dismisses case due to illegal search |

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Structure & Tone

The tone is stoic, dryly humorous at times (notably in partner banter and guest characters), but becomes tense and frustrated as the legal challenge emerges. The discussion of the exclusionary rule is didactic, reflecting Dragnet’s blend of crime drama and civic education.

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Conclusion

This episode is a case study in the real-world ramifications of constitutional protections—how even well-intentioned police work can be upended by procedural missteps. For fans of legal history, criminal justice, or the evolution of police standards in America, "The Big Ruling" is especially relevant, offering an authentic “step-by-step” journey through both a criminal investigation and a pivotal moment in legal practice.

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Note:

• Skipped all advertisements and non-narrative contents as requested.
• All main contributions and themes are covered, making this summary suitable both for long-time Dragnet fans and new listeners interested in the intersection of policing and law.

Transcript

[Joe Friday]

Welcome to Choice Classic radio where we bring to you the greatest old time radio shows like us on Facebook, subscribe to us on YouTube and thank you

[George Fenneman]

for [e-mail] Chesterfield brings you Dragnet

[Joan Faye]

Put

[Joe Friday]

a smile in your smoking by Chesterfield.

[George Fenneman]

Smoother, cooler.

[Narrator]

Best for you.

[George Fenneman]

Ladies and gentlemen, the story you are about to hear is true. The names have been changed to protect the innocent. You're a detective sergeant. You're assigned a narcotics detail. You get a report that a supply of heroin has reached your city. You don't know who's got it or where it is. Your job, find out.

[Candy Delman]

Stop.

[Frank Smith]

Start smoking with a smile.

[Candy Delman]

With Chesterfield.

[Frank Smith]

Smoother, cooler, milder, Chesterfield.

[Candy Delman]

Put a smile in your smoking.

[Joe Friday]

Just give them a try.

[Frank Smith]

Chester feels best for you.

[Candy Delman]

They satisfy you.

[George Fenneman]

If you want tomorrow's better cigarette today. Next time you buy cigarettes, stop. Remember only Chesterfield is made the modern way. With accuray, you'll notice how fresh and good Chesterfield's made with accurate taste. How smooth they are and how they satisfy. So buy Chesterfield today. Best for you,

[Narrator]

Dragnet. The documented drama of an actual crime. For the next 30 minutes, in cooperation with the Los Angeles Police department, you will travel step by step on the side of the law through an actual case transcribed from official police files. From beginning to end, from crime to punishment, Dragnet is the story of your police force in action.

[Frank Smith]

It was Monday, May 23rd. It was cool in Los Angeles. We were working the night watch out on a narcotics detail. My partner's Frank Smith. The boss is Captain Waller. My name's Friday. We're on our way back from questioning an informant. And it was 10:46pm when we got to the First Street Station Narcotics squadron.

[Joe Friday]

You think Bronco's holding out on us?

[Frank Smith]

I don't know.

[Joe Friday]

Well, if we don't turn something pretty soon, the stuff will be all over town.

[Frank Smith]

Yeah.

[Joe Friday]

How about a cup of coffee, Joe? Huh? Coffee. You want a cup?

[Frank Smith]

Sure, if you got some.

[Joe Friday]

Yeah. I brought a thermos from home. Made it myself. The way I like it, you know, Strong.

[Frank Smith]

I'll get some cups.

[Joe Friday]

Wait a minute. You don't need them, Joe. What? Don't need them. I got cups right here on the top of the thermos. Four of them. It's some gadget, huh? Look at that. Kids gave it to me for Christmas. Of course, Faye probably picked it out. Look at her steam. Really keeps the heat in. Well, go ahead, drink up.

[Frank Smith]

Thanks.

[Joe Friday]

What's the matter? Something the matter? No, no, no.

[Frank Smith]

You were right, that's all. What do you mean about it being strong?

[Joe Friday]

Oh, yeah, yeah. When I want coffee, I don't want boil water. Buddy, this stuff's got some taste to it.

[Frank Smith]

It sure has.

[Joe Friday]

Well, aren't you gonna finish yours?

[Frank Smith]

Well, I'm not thirsty right now.

[Joe Friday]

Ah. Hey, you know, Joe, I just realized something. All these years I've been working with you, never dawned on me before.

[Frank Smith]

What's that?

[Joe Friday]

You don't like coffee.

[Frank Smith]

Oh, yes, I do.

[Joe Friday]

No, you don't, Joe. Not the real genuine articles. Stuff they serve in restaurants, drugstores. Heck, that's not coffee.

[Frank Smith]

It's not, huh?

[Joe Friday]

No, this is coffee. Little bite to it, a little zing. You don't like it? Well, all these years I've been working with a partner who doesn't appreciate good coffee. I guess you learn something all the time. Don't finish it if you don't want.

[Frank Smith]

Narcotics Friday.

[Joe Friday]

Who?

[Frank Smith]

Oh, yeah, yeah. Candy. Mm, that's right. Are you still at the same place? Sure, I know where it is. What's that room number? Okay. Goodbye. It's Candy Delman.

[Joe Friday]

Yeah, you heard.

[Frank Smith]

We were talking to Bronco tonight.

[Joe Friday]

Bronco tell him what it was about?

[Frank Smith]

Must have. At least Candy knows we didn't get anywhere. Says it's our own fault for not going to the right guy.

[Joe Friday]

Who's that? Him.

[Frank Smith]

Candy Delman was an informant who had served three sentences for violation of the State Narcotics Act. Since his release from prison, he had given police officers several leads to burglary and robbery suspects. Most of his leads had panned out. As far as we knew, Delman was no longer a narcotics user or pusher himself. But in the past, he had always refused to give any information on the dope racket. Over the phone, he said he was living at the Hatrick Hotel on South spring street, room 2 17. Frank and I left the office and drove out to talk to him. It was 11:22pm and we got to the hotel. A dark two story building badly in need of repair. We went inside and started up the stairs to the second floor.

[Joan Faye]

Get back down here, both of you. Come on, start moving.

[Joe Friday]

What's the trouble, lady?

[Joan Faye]

Something the matter with your eyesight?

[Frank Smith]

No, I don't think so.

[Joan Faye]

Why don't you use it? Sign right here on the desk. Ring for the manager. Didn't hear no ring, did I?

[Frank Smith]

We didn't see any reason to bother you.

[Joan Faye]

It's my worry, ain't it?

[Frank Smith]

Sure.

[Joan Faye]

Bell's there to be rung. And hearing it ain't what bothers me. It's guys like you sneaking in trying to get a free pad for the night.

[Frank Smith]

Take it easy. We don't want to stay here any longer than we have to.

[Joan Faye]

Then what do you want?

[Frank Smith]

We just dropped by to see Candy.

[Mr. Whiteside]

Who?

[Frank Smith]

Candy Delman. He lives here, doesn't he?

[Joan Faye]

He might.

[Frank Smith]

Well, he.

[Joan Faye]

Friend of yours?

[Frank Smith]

He's expecting a friend.

[Joan Faye]

How do I know?

[Frank Smith]

Well, why don't you ask him?

[Mr. T.P. Whiteside]

Oh, sure.

[Joan Faye]

That's all I gotta do. Tramp up and down them stairs from morning till night. Call him to the phone, give him messages. Done them for back rent. Well, I ain't making no extra trip on count of you.

[Frank Smith]

Well, you suit yourself.

[Joan Faye]

Just you wait a minute. I ain't said you could go upstairs. You claim to know Candy. What's his room number?

[Frank Smith]

217. That's right, isn't it?

[Joan Faye]

Yeah, I guess so. Will you be sure you let me know when you leave? And you better be out of here by midnight or I'm collecting a buck from each of you, friends or no friends. You're not bunking with Candy, lest I get paid in advance.

[Joe Friday]

Oh, she's mouthy. You know something, Joan Faye was after me just the other day about getting a new suit. Oh, I guess she was right.

[Frank Smith]

Must be down this way.

[Joe Friday]

Yeah. Maybe you ought to go with me, buy some clothes yourself.

[Frank Smith]

What for?

[Joe Friday]

Well, we must need them. If a dame like that figures we'd mooch a room in this joint.

[Frank Smith]

That wouldn't help with her. Here we are.

[Candy Delman]

Yeah. Who is it?

[Frank Smith]

Joe.

[Candy Delman]

Just a minute. Come on in.

[Mr. Whiteside]

Thank you.

[Frank Smith]

You know Frank Smith, don't you, Candy?

[Candy Delman]

Sure.

[Joe Friday]

Eye Candy.

[Candy Delman]

Want a drink?

[Frank Smith]

No, thanks. Smith?

[Joe Friday]

No.

[Candy Delman]

Don't mind if I take a blast?

[Frank Smith]

That's up to you.

[Candy Delman]

As long as I'm drinking alone, there's no point in dirtying a glass. I guess maybe I'm turning to a lush, huh?

[Joe Friday]

Is that right?

[Candy Delman]

Been hitting the bottle pretty hard lately since I went off this stuff.

[Frank Smith]

That so?

[Candy Delman]

Yeah. You guys knew I was off it, didn't you? I ain't even chip you no more.

[Frank Smith]

Well, you don't have to sell us candy.

[Candy Delman]

Well, I ain't selling nobody. I'm just telling you.

[Frank Smith]

What'd you want to see us about?

[Candy Delman]

Anybody know you're here?

[Frank Smith]

Lady downstairs.

[Candy Delman]

You mean the manager of this fleabag?

[Frank Smith]

Yeah, I guess that's what she is.

[Candy Delman]

Lady, you asked me. Flying saucers.

[Mr. T.P. Whiteside]

Must be real.

[Candy Delman]

Well, how else would a dame like that get here? Hey, she know you cops?

[Frank Smith]

We didn't tell her.

[Candy Delman]

You telling anybody else that you're coming to see me?

[Joe Friday]

No, Come on, Candy. What's it all about, huh?

[Candy Delman]

Well, take it easy. Don't push me. Why don't you sit down?

[Frank Smith]

We're all right.

[Candy Delman]

You was talking to Bronco tonight. Well, I bumped into him right after you shoved off.

[Frank Smith]

That so?

[Candy Delman]

Asking a mule like him about H. Boy, he's lucky if he can turn a couple sticks of tea.

[Frank Smith]

We're asking.

[Candy Delman]

Everybody didn't ask me.

[Frank Smith]

I figured it'd be a waste of time.

[Candy Delman]

I've helped you guys before.

[Frank Smith]

No, not when it came to the stuff, you didn't.

[Candy Delman]

Maybe this is different. Yeah, I always figured a guy gets hooked, that's his own business. He done it himself, that's who's getting hurt. Two of yours truly. I've been hooked three times. I don't know.

[Joe Friday]

Yeah, you should.

[Candy Delman]

Guy wants to kick it, it's up to him too. You can stick him in a joint, send him to a hospital. Maybe he'll get rid of the habit for a while. But if he wants to kick it for good, he's gotta do it. Nobody else. It ain't easy either. Guy's own business of what happens. Whether he goes for a ride or gets off.

[Frank Smith]

All right. Come on, Candy. What are you getting at here?

[Candy Delman]

Horse. You're looking for, it ain't just going to guys.

[Joe Friday]

Boy, you mean kids.

[Frank Smith]

Yeah. How do you know that?

[Candy Delman]

Father asked me if I wanted to make a buy. I thought I was still shooting caps.

[Frank Smith]

What fella?

[Joe Friday]

Come on, we'll stand in front of the Candy.

[Candy Delman]

Well, you take it my way or you don't get it. That means no names.

[Frank Smith]

All right, give us the rest of it.

[Candy Delman]

Well, like I said, he asked me if I was interested in a buy and I told him I wasn't. He said that was okay with him. He had plenty of other customers. He cut a lot thinner for some of them. A pro like me, I might know the difference just off of the weed. They wouldn't care. He said he was only making me an offer as a favor, you know?

[Frank Smith]

Did you ever buy from him before?

[Candy Delman]

Well, look, Joe, just let me tell it, huh?

[Frank Smith]

Go ahead.

[Candy Delman]

Well, the way he talked kind of rubbed me the wrong way. Even when I was pushing, I never sold the kids. You know that ain't no saint. I never pushed no kids. Just didn't seem right.

[Frank Smith]

Yeah.

[Candy Delman]

So when I bumped into Bronco tonight and he told me that you guys were looking for horses, well, I figured maybe I'll hold you a hand.

[Frank Smith]

Go ahead.

[Candy Delman]

Make you feel kind of funny.

[Frank Smith]

What?

[Candy Delman]

I never thinked on a guy in A trade before. You know that.

[Frank Smith]

Well, you're out of it now, aren't you?

[Mr. Whiteside]

Yeah, for now.

[Candy Delman]

You never know, Joe. Three times you know I've been down. You never know when it's gonna happen again. I ain't making no promises, even to myself. That's why I ain't never copped out on anything like this before. Sort of like turning myself in. It's good age too. It's Eastern. Yeah, it's been cut, but it's not too thin. The way he talked, must have been, oh, six, eight ounces left. Rest of it's been sold. He can cut it a lot thinner if he wants to. It's dealing with kids. Don't matter, you know.

[Joe Friday]

Where do we find him?

[Frank Smith]

Candy?

[Candy Delman]

You ever hear of Walker Drive? Hollywood Hills?

[Frank Smith]

Where you can find it?

[Candy Delman]

Well, it's not much of a street. It's just four or five blocks, dead end. Cuts off a laurel before you get to Mulholland.

[Frank Smith]

Well, go ahead.

[Candy Delman]

That's it.

[Frank Smith]

Well, which house?

[Candy Delman]

I ain't say nothing about no house. Maybe he lives there. Or maybe he's just going up to make a sale.

[Joe Friday]

I don't know. You think he's there now?

[Candy Delman]

I didn't ask him for no time schedule. Now, go on beater, will you? I want to get drunk. Oh, hey, look. There's something about you guys that keeps me sober. If you don't shove off, I'm gonna

[Frank Smith]

run out of booze. You wanna tell us what he looks like, Candy?

[Mr. Whiteside]

You've had it, Joe.

[Frank Smith]

Now I'm gonna tell you something. You haven't given us very much.

[Candy Delman]

Is that so? Well, you know something? It's lucky for you I got principles about pushing the kids. Yeah, you'da got.

[Frank Smith]

We continued to question Delman, but he refused to give us any further information. 11:46pm Frank and I left the Hatrick Hotel and we drove up into the Hollywood Hills. We turned off Laurel Canyon onto Walker Drive. The street was only five blocks long and there were approximately 20 houses on it. 12:22am we pulled up at the corner of Walker and Laurel where we'd be able to notice anybody who turned into or out of the drive. 1:06am A man approached a Chevy convertible parked across the street from us. We knew he'd walked down from one of the houses on Walker, but we hadn't been able to determine which one. He passed under a street lamp. And we recognized him as Sam Free, a known narcotics user and suspected peddler.

[Joe Friday]

Hold it, Sam.

[Sam Free]

Huh?

[Frank Smith]

Right where you are. Hold it up.

[Sam Free]

Sure, sure.

[Frank Smith]

Turn around, Sam. Put your hands against the side of the car.

[Joan Faye]

Yeah,

[Sam Free]

he's going. You guys know me. I don't carry nothing.

[Mr. T.P. Whiteside]

Hey.

[Sam Free]

Hey, whatcha doing in my pockets? I ain't got no gun. You said so yourself. Now where the heck did that come from?

[Frank Smith]

Why don't you tell us?

[Joe Friday]

There's the stuffed jar.

[Frank Smith]

This all you got, Sam? Well, is it?

[Joan Faye]

Yeah.

[Frank Smith]

You're coming up in the world, aren't you?

[Sam Free]

What do you mean?

[Frank Smith]

A couple of months ago, all we had you paid for was a user and a small time pusher. There's a lot of h. Where'd you get it?

[Sam Free]

You know better than that.

[Frank Smith]

You're in trouble, Sam.

[Sam Free]

Okay? You found the stuff on me. That means I'm gonna do some time.

[Frank Smith]

A lot of time.

[Sam Free]

Well, whatever it is, I'd just as soon be in one piece when I come out.

[Joe Friday]

Who does the car belong to, Sam?

[Sam Free]

What car?

[Joe Friday]

This one right here.

[Mr. Whiteside]

Huh?

[Frank Smith]

You were getting into it, Sam.

[Sam Free]

Was I?

[Joe Friday]

I'll give it a check.

[Sam Free]

All right, all right. It's my car. So what?

[Joe Friday]

I'll still check it.

[Mr. Whiteside]

Who?

[Sam Free]

Who fed you what to where I was.

[Frank Smith]

You're not hard to find, Sam.

[Sam Free]

Yeah, you. You've been looking for me over three weeks now.

[Mr. Whiteside]

And so only you.

[Sam Free]

You didn't know I was the guy you were after.

[Joe Friday]

Thank you.

[Frank Smith]

For what? For telling us when the Eights got into town.

[Sam Free]

A lot of good it'll do.

[Frank Smith]

Mm.

[Sam Free]

Now the day I'd have been clean, you wouldn't have found none of it.

[Mr. Whiteside]

Well, my own fault.

[Sam Free]

Trying to get a good price. Should have taken what was offered. It's the real stuff, though. Man don't like to give it away.

[Joe Friday]

Joe.

[Frank Smith]

Got something?

[Joe Friday]

Yeah. Take a look in the back seat. Bunch of sweaters, look like cashmeres.

[Sam Free]

I bought them for my girl.

[Mr. Whiteside]

It's her birthday.

[Joe Friday]

Must be some girl. Yeah. At least 40 sweaters there, Joe. Yeah, they're all different sizes.

[Frank Smith]

Listen.

[George Fenneman]

Listen to an electronic miracle. This electronic miracle accuray means that everything from auto tires to apple pie, battleship steel to baby food, butter to cigarettes can be made better and safer for you. Now meet Mr. Bert Choate, brilliant young president of Industrial Nucleonics. A. Bert, exactly what is accurate?

[Bert Choate]

Well, George, it is a device by which a stream of electrons passes through and analyzes a product while it is actually being made. They transmit what they see to this electronic brain which adjusts the production machinery for errors down to millionths of an inch.

[George Fenneman]

Well, can you give us an example of what it does?

[Bert Choate]

Sure. Take this piece of steel. How thick would you say it is?

[George Fenneman]

Oh, about as thick as a cellophane from a pack of Chesterfields.

[Bert Choate]

Accure has made it possible to roll that steel accurately 1 10,000ths of an inch thick. It takes 10 of these to equal the thickness of a sheet of cellophane.

[George Fenneman]

That's amazing. Now, let's get back to the pie and the baby food. Will accu. Ray bake a pie and tend the baby?

[Bert Choate]

Well, not quite yet, George. But because this electronic control can improve sharpening texture. For instance, your wife can bake a more delicious pie. And because accurate can make baby food more uniform, that food will be more digestible for your baby.

[George Fenneman]

One more question, one that so many people ask me. How does Accuray make Chesterfield a better cigarette than was ever possible before?

[Bert Choate]

Every cigarette made with accurate control contains a more precise measure of perfectly packed tobaccos. So Chesterfield smokes smoother without hot spots

[Candy Delman]

or a hard draw.

[George Fenneman]

And that's why Chesterfield tastes so much better. And I guess that's why you smoke them yourself.

[Sam Free]

Per.

[Bert Choate]

You see, I know what accurate can do.

[George Fenneman]

Well, there's your answer. If you want tomorrow's better cigarette today, next time stop. Remember only Chesterfield is made the modern way with accurate. Best for you.

[Frank Smith]

We took the suspect, Sam Free, down to the main jail and we had him booked on possession of narcotics and suspicion of burglary. An examination of the labels in the sweaters indicated that they were all from the same Whiteside Lady Sports shop in North Hollywood. 1:58am we contacted the owner of the store, Mr. T.P. whiteside.

[Joe Friday]

Yes, sir, that's right. Mm. If you would, we'd appreciate it about 30 minutes. All right, sir.

[Mr. Whiteside]

Fine.

[Joe Friday]

Thank you. Goodbye. Well, he says they're stolen. All right.

[Frank Smith]

Why didn't he report it?

[Joe Friday]

Well, he didn't know anything about it until now. Well, it just must have happened tonight.

[Frank Smith]

2:22am Frank and I met Mr. Whiteside at his sportswear shop on Lankersham Boulevard. At the rear of the building, we found a cut screen and a window that had been forced open. We called the crime lab and asked them to check the premises for any physical evidence. Mr. Whiteside made a quick survey of his stock, and as far as he could tell, the only missing item was a supply of cashmere sweaters.

[Mr. T.P. Whiteside]

I just can't get over it.

[Frank Smith]

How's that, Mr. Whiteside?

[Mr. T.P. Whiteside]

You fellas finding out about all this even before I did?

[Joe Friday]

No.

[Mr. T.P. Whiteside]

Well, I've done my share of complaining about policemen in the past, that is.

[Frank Smith]

Yes, sir.

[Mr. T.P. Whiteside]

Whenever I Got a ticket. I used to say to myself, ain't he got nothing more important to do than pull me over for going a couple of miles too fast? That's what I said.

[Frank Smith]

Yes, sir.

[Mr. T.P. Whiteside]

I figured that's all you police fellows cared about. You know, giving folks tickets. Never seemed like he was paying no attention to the real crooks around town. Guess owe you the apology.

[Frank Smith]

Sorry. Forget it.

[Mr. T.P. Whiteside]

No, no, no. Oh, no, I ain't gonna forget it. I've been wrong about cops all these years, and you sure showed me the night.

[Frank Smith]

Apology.

[Mr. T.P. Whiteside]

That's what I owe. You gonna accept it?

[Frank Smith]

Yes, sir.

[Mr. T.P. Whiteside]

Shake?

[Frank Smith]

You bet.

[Mr. T.P. Whiteside]

You too, mister.

[Joe Friday]

Huh?

[Mr. T.P. Whiteside]

You willing to shake with me?

[George Fenneman]

Oh, sure, you bet.

[Mr. T.P. Whiteside]

Say, about them sweaters you found?

[Frank Smith]

Yes, sir.

[Mr. T.P. Whiteside]

Like you to keep a couple of them for your wives or girlfriends.

[Frank Smith]

No, sir. That's all right. Thanks anyway, Mr. Whiteside.

[Mr. T.P. Whiteside]

Ah, you're entitled. Wasn't for you, I wouldn't be getting them back.

[Frank Smith]

It's our job.

[Mr. T.P. Whiteside]

Oh, go on. Keep a couple anyway, won't you?

[Frank Smith]

I'm sorry, we can't do that.

[Mr. T.P. Whiteside]

Well, I would offer the reward if I'd known about the burglary.

[Frank Smith]

Yes, sir, we understand.

[Mr. T.P. Whiteside]

Well, it's your own fault, nobody else's. You're to blame for it.

[Frank Smith]

How's that?

[Mr. Whiteside]

No reward, huh?

[Mr. T.P. Whiteside]

Didn't give me time enough.

[Frank Smith]

4:05am the crew from the crime lab reported that there was no physical evidence at the store. Frank and I went off duty the next afternoon, May 24, at 4:16pm we checked our weapons at the booking counter of the city jail and we asked to interview the prisoner. Sam Free. The booking sergeant told us he was in cell 104.

[Joe Friday]

Yeah.

[Frank Smith]

Free in 104.

[George Fenneman]

Okay.

[Frank Smith]

Free in 104 for interview.

[George Fenneman]

Free for inter.

[Frank Smith]

Sit down, Sam.

[Sam Free]

Sure.

[Frank Smith]

You ready to do some talking?

[Sam Free]

About what?

[Frank Smith]

The stuff. Where'd you get it?

[Joe Friday]

Look, we had it checked by the lab, Sam.

[Sam Free]

Yeah?

[Joe Friday]

It isn't Mexican. It's from back east someplace.

[Sam Free]

No kidding. Okay, I got it from back Easter. I sure don't want to louse up your scientific cats by saying different.

[Frank Smith]

Is that the way you want it on your report, huh? Uncooperative?

[Sam Free]

Ain't gonna make no difference what you guys put down.

[Joe Friday]

It might, Sam.

[Sam Free]

Oh, look, you want a deal?

[Candy Delman]

I'll talk.

[Sam Free]

Otherwise, forget it.

[Frank Smith]

We don't make deals. You know that.

[Sam Free]

It's up to you.

[Frank Smith]

Now, look, this isn't your first fall, Sam. It's gonna go hard with you.

[Sam Free]

Maybe.

[Frank Smith]

No maybes.

[Sam Free]

Oh, you never know. I'm Chilling with some of the boys back there. They tell me things have changed around here. Yeah, case against me might not stand up.

[Frank Smith]

You wouldn't want to bet on that, would you, Sam?

[Sam Free]

Just telling you what I heard.

[Frank Smith]

Don't you count on it. Yeah, things haven't changed that much. 4:31pm Frank and I went over to the hall of justice to file a complaint against Free. We talked to Deputy District Attorney Don Avery in the complaint department and gave him a complete statement of facts concerning Free's arrest. Is that it? Yeah, that's it.

[Mr. Whiteside]

Everything that happened?

[Frank Smith]

Yeah. Why? What's the matter, Don? Hmm? Something wrong with this case?

[Mr. Whiteside]

I don't know yet.

[Frank Smith]

Well, Free himself said it might not stand up. We figured he was just talking. Yeah, we got the h. The stolen sweaters. What more do you need?

[Mr. Whiteside]

Let me ask you a couple of questions.

[Frank Smith]

Sure.

[Mr. Whiteside]

They give me the same answers you'd give in court if you were under oath.

[Frank Smith]

All right.

[Mr. Whiteside]

Free was beside this car when you stopped him, is that right?

[Frank Smith]

That's right.

[Mr. Whiteside]

Did you place him under arrest before you searched it?

[Frank Smith]

Well, did you? Not in so many words.

[Mr. Whiteside]

What do you mean?

[Frank Smith]

Well, we know he was a height. He knew we were cops. He could have figured that out.

[Mr. Whiteside]

But you didn't say you're under arrest in those words.

[Frank Smith]

No, I don't think I did, Smith.

[Joe Friday]

Well, Don, we didn't have anything to arrest him for. Not until after we found the age.

[Mr. Whiteside]

Did you have any reason to suspect he was carrying, Doe?

[Frank Smith]

Well, like I said, he's a user.

[Joe Friday]

Yeah, that he was in the neighborhood. We knew somebody around there was carrying.

[Mr. Whiteside]

Well, then you weren't looking for Free in particular?

[Joe Friday]

Well, no.

[Mr. Whiteside]

The way I get it, the burglary hadn't been reported yet. Is that right?

[Joe Friday]

That's right.

[Mr. Whiteside]

So finding the sweaters was a surprise.

[Joe Friday]

Yeah, it sure was.

[Mr. Whiteside]

Well, we'll file on them. It may not stick.

[Frank Smith]

What are you talking about, Don?

[Mr. Whiteside]

The evidence.

[Frank Smith]

Well, what's wrong with it?

[Mr. Whiteside]

The way you got it.

[Frank Smith]

What?

[Mr. Whiteside]

You heard about the exclusionary ruling, didn't you?

[Joe Friday]

Yeah. Skipper had an assembly on it.

[Frank Smith]

Well, look, Don, we're not lawyers. We're cops.

[Mr. Whiteside]

Sure. Well, here's the way it operates. Evidence obtained by illegal search or seizure can be thrown out of court. Simple as that. Yeah, federal government has the same ruling. Most of the states don't. We never have until now. Before, if a policeman committed an illegal search or seizure, he could be prosecuted. Lots of times he was. But the evidence could still be used at the suspect's trial. Yeah, doesn't work that way anymore.

[Joe Friday]

No. Look, maybe I'm just thick, Don, but it seems to me the only guy who's better off is the criminal.

[Frank Smith]

That's how I see it, too. Well, all right, now, look. Suppose we do pick up a guy. Maybe we aren't right, but we think we're onto something. If he's clean, he's not out of anything except a little time and trouble. Yeah, and if he isn't, we got some evidence.

[Mr. Whiteside]

Not anymore. You have.

[Frank Smith]

Yeah, well, this just don't make sense to me.

[Joe Friday]

Well, what are we supposed to do from here on in?

[Mr. Whiteside]

You want to make a search, you gotta get the guy's permission. Or put them under arrest first or have a valid search warrant. Otherwise it's illegal. Your evidence may not hold.

[Frank Smith]

Let me have that again.

[Mr. Whiteside]

If you want to make a search, you gotta get the guy's permission or put him under arrest first or have a valid search warrant, otherwise it's illegal.

[Frank Smith]

Well, now, let's take Free, for instance. Yeah, we didn't have anything to arrest him on. As for getting his permission to search, well, I got a big picture of that.

[Joe Friday]

There was no way of getting a search warrant drawn, Don. We didn't even know what we were looking for.

[Mr. Whiteside]

Well, that's the way it's got to be from here on in, every time. There might be some exceptions. I don't know. It's up to the courts to decide.

[Frank Smith]

But what if we're after somebody? A guy who's heavy? Yeah, let's take a killer, maybe. So we want to break in. We supposed to ask him if it's all right if we break in?

[Mr. Whiteside]

You can get a warrant.

[Frank Smith]

Yeah, well, maybe we don't know who he is. Maybe it's 4 o' clock in the morning.

[Mr. Whiteside]

What do you do when it comes up? You'll get an answer.

[Frank Smith]

Let's come up right now.

[Sam Free]

What?

[Frank Smith]

We got a dope pusher here. He's been selling H to kids. We got him made dead to rights. Burglary, too. Now you say he's gonna get off?

[Mr. Whiteside]

I didn't say for sure.

[Frank Smith]

Well, I don't even like to hear a maybe. Not in a case like this.

[Mr. Whiteside]

The best I can do, Joe. I didn't hand down the ruling. If you'd arrested him first, that'd be different.

[Frank Smith]

Yeah, and if he hadn't been carrying, he could have slapped a suit on us for false arrest.

[Mr. Whiteside]

Only thing I can tell you, get a warrant, get permission or arrest in person.

[Frank Smith]

Yeah, well, there's only one thing I'm Gonna tell you it's not gonna work.

[Mr. Whiteside]

Maybe not.

[Frank Smith]

Well, just what do we do? Go back to pounding beets, is that it?

[Mr. Whiteside]

Look, I said we might not be able to make it hold up in Free's case if we can't. You'll get him sooner or later. You've got him pegged. Next time, get to him so it'll stick.

[Frank Smith]

Well, don't worry about it. We will. Well, tell me one thing, Don, before we do.

[Mr. Whiteside]

Yeah?

[Frank Smith]

How much more stuff is this guy gonna pedal?

[George Fenneman]

The story you've just heard is true. The names were changed to protect the innocent.

[Narrator]

On May 30, a preliminary hearing was held in Division 4 Municipal Court in and for the county of Los Angeles. In a moment, the results of that hearing.

[George Fenneman]

Now, here is our star, Jack Webb.

[Frank Smith]

Thank you, George Feniman. Chesterfield made the modern way with Accuray. I wonder if you realize what that means to you. For the first time, you get a perfect smoke column in your cigarette. A smoother smoke, a cooler smoke than you've ever had before. To put a smile on your smoking, try them. Chesterfield.

[Narrator]

In the case of Sam Arthur Free, the court ruled that the evidence against him had been obtained by illegal search and seizure. The charges against the suspect were dismissed. You have just heard Dragnets, a series of authentic cases from official files. Technical advice comes from the office of Chief of Police W.H. parker, Los Angeles Police Department. Technical Advisors, Captain Jack Donahoe, Sergeant Marty Wynn, Sergeant Vance Brayscher. Heard tonight were Ben Alexander, Virginia Gregg, Jack Crucian, Herb Ellis, Vic Rodman. Script by Frank Burt. Music by Walter Schumann. Hal Gibney speaking.

[George Fenneman]

Watch an entirely different Dragnet case history each week on your local NBC television station. Please check your newspapers for the day and time Chesterfield has brought you Dragnet. Transcribed from Los Angeles.

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