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Vice Detectives first observed D, dressed in blue jeans and a shirt tied above his navel, and carrying a tan purse. D occasionally stood with one foot on the curb and the other foot in the street and waved at passing vehicles with male occupants. They observed D get into three different cars for 1-3 minutes each. They saw D hide from sight when an unmarked police car drove past. The Detectives asked a uniformed officer to detain D until they could leave their observation point. They arrested D for 'soliciting for the purpose of prostitution.' D was found guilty of 'loitering for the purpose of prostitution,' and sentenced to twelve months in jail. D appealed. There was insufficient evidence.

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