It is well settled that defects in a search warrant are immaterial if the search can be otherwise justified. ( Marron v. United States, 275 U.S. 192, 198, 72 L.ed. 231; United States v. Gearhart (4th cir.) 326 F.2d 412; United States v. Jones (7th cir.) 204 F.2d 745; cert. den. 346 U.S. 854; People v. McIntyre, 15 Ill.2d 350.) It is further clear that a reasonable search incident to a lawful arrest is proper. Harris v. United States, 331 U.S. 145, 150, 91 L.ed. 1399; People v. Fiorito, 19 Ill.2d 246, 252; People v. La Bostrie, 14 Ill.2d 617, 621.
Under these circumstances, which are indistinguishable from those present in People v. West, 15 Ill.2d 171, and People v. McGowan, 415 Ill. 375, where the officers observed policy tickets before making arrests, we are of the opinion that the search and seizure here, without a warrant, was justified as an incident to a lawful arrest for a crime committed in the presence of the arresting officer. (See also: People v. Clark, 9 Ill.2d 400; People v. McIntyre, 15 Ill.2d 350.) The gist of the offense under the statute here is the keeping of devices used for gambling purposes, ( Bobel v. People, 173 Ill. 19,) common definitions of the verb "keep" being: "To retain in one's power or possession; to hold; retain," (Webster's New Int. Dictionary, 2 ed., p. 1355,) and thus at the moment the officer saw the tip board protruding from the sack in the trunk of the car, defendant was violating the statute in the officer's presence.
Thus, it has been consistently held that an officer has the right to arrest without a warrant provided it is shown that a criminal offense has in fact been committed or attempted in his presence and he has reasonable grounds for believing that the person arrested committed it. People v. McIntyre, 15 Ill.2d 350, 155 N.E.2d 45 (1958); People v. Stewart, 23 Ill.2d 161, 177 N.E.2d 237 (1961); People v. McGowan, 415 Ill. 375, 114 N.E.2d 407 (1953); People v. McDonald, 26 Ill.2d 325, 186 N.E.2d 303 (1962); People v. Humphreys, 353 Ill. 340, 187 NE 446 (1933). It is also firmly established that a search and seizure without a search warrant may constitutionally be made as an incident to a lawful arrest for an offense committed in the presence of the arresting officer.