Tom C. Clark

“ I believe, therefore, that this case is controlled by the principles discussed in Mr. Justice BLACK'S opinion in Be l v. Maryland, 377 U.S. 318, 84 S.Ct. 1864, and accordingly would affirm the judgment below. ”

“ Upon refusal, Collins, the deputy sheriff, made the arrest and then took petitioners to the police station where he filed the charges and secured the warrant. If Collins had not been a police officer, if he had ordered the appellants off the premises and filed the charges of criminal trespass, and if then, for the first time, the police had come on the scene to serve a warrant issued in due course by a magistrate, based on the charges filed, that might be a different case. That case we do not pass upon. ”