Warden v. Hayden

A man robbed the office of a cab company and fled. Two cab drivers, attracted by the shouts of “holdup,” followed the man to a residence. One driver notified the company dispatcher by radio, giving a description of the man and the address he entered. The dispatcher relayed this information to the police who arrived at the scene within five minutes. The officers entered the house without a warrant, and spread out through the first and second floors and the cellar in search of the robber. The defendant was found in an upstairs bedroom feigning sleep, and placed under arrest.

Meanwhile, an officer was attracted to an adjoining bathroom by the noise of running water, and discovered a shotgun and a pistol in a flush tank. Another officer who “was searching the cellar for a man or the money” (and the Court said it should be noted that he was also looking for weapons), found a jacket and trousers in a washing machine of the type the fleeing man was said to have worn. A clip of ammunition for the pistol and a cap were found under the mattress of the defendant’s bed. Ammunition for the shotgun was found in a bureau drawer in the defendant’s room. At the time these searches were made, the officers did not know that the defendant had been arrested. All these items of evidence were introduced against the defendant at his tria