People v. Fischer

In People v. Fischer (1957) 49 Cal.2d 442, officers entered premises suspected of being used for placing illegal bets. While the officers were there, the telephone rang several times. An officer answered and took bets from the callers. In concluding that the conversations were properly admitted in evidence, the Supreme Court noted: 'It is pertinent to observe that in the case of a bookmaker the telephone is usually an indispensable facility for the extension and safe operation of his business. It constituted a means by which bets might be placed with the defendant. These conversations came in the midst of the occurrences concerning the defendant at the time of his arrest. They were admitted for the purpose of proving the use to which the telephone was being used. The use of the room occupied by the defendant was in issue and the nature of the telephonic call was a circumstance to establish that fact.' (Fischer, supra, 49 Cal.2d at p. 447.)