Parker

The defendant, Parker, was convicted on an indictment charging him with receiving and concealing opium and Yen Shee, the narcotics having been imported into the United States in violation of Section 174, Title 21 United States Code Annotated. Prior to the trial the defendant moved to suppress evidence, viz., narcotics secured at his residence in Seattle at the time of his arrest. The court denied the application, the narcotics were introduced in evidence with testimony relating to their seizure over Parker’s objections and, after judgment of sentence, he appealed. The questions raised go to the legality of his arrest, the search of his residence and the seizure of the evidence.

The following appears from affidavits filed in opposition to the application to suppress the evidence and from testimony given at the trial. Captain Morris, the supervising captain of the night shift and the captain of the Felony Squad of the Seattle Police Department, with four other officers, was preparing to leave the Police Station about 9:30 P.M. on November 24, 1948. There was evidence to the effect that Morris at this time received a telephone call from a person who would not identify himself,…