People v. Atkins

Following a trial without a jury the defendant was convicted of the unlawful possession of a narcotic drug and was sentenced to the penitentiary for a term of two to five years. He contends (1) that the arresting officers lacked probable cause to make the arrest and subsequent search; (2) that he should have been released from custody when the search failed to disclose narcotics on his person; and (3) that a statement taken from him while in custody was inadmissible because he had not been advised of his rights to counsel and to remain silent. The facts follow.

Inspector Mitchell Ware of the…