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Criminal Law Keyed to Gershowitz
Papachristou v. City of Jacksonville
Citation:405 U.S. 156, 92 S. Ct. 839, 31 L. Ed. 2d 110.
The defendants, Margaret Papachristou, Betty Calloway, Eugene Eddie Melton, Leonard Johnson, Jimmy Lee Smith, Milton Henry, Henry Edward Heath, Thomas Owen Campbell, and Hugh Brown were all convicted of violating a Jacksonville ordinance.
Papachristou, Calloway, Melton and Johnson were arrested when the four of them were riding in Calloway’s car on the main thoroughfare in Jacksonville. Two were white females and two were black males. The arresting officers denied that the racial mixture in the car played any part in the decision to make the arrest. The arrest, they said, was made because the defendants had stopped near a used-car lot which had been broken into several times. There was no evidence of any breaking and entering on the night in question.
Jimmy Lee Smith and Milton Henry (who did not appeal) were arrested between 9 and 10 a. m. on a weekday in downtown Jacksonville, while waiting for a friend who was to lend them a car so they could apply for a job at a produce company. They went briefly into a dry cleaning shop to wait, but left when requested to do so. The store owners, who apparently were wary of Smith and his companion, summoned two police officers who searched the men and found neither had a weapon. But they were arrested because the officers said they had no identification and because the officers did not believe their story.
Heath and a codefendant were arrested for loitering. Campbell was arrested as he reached his home very early one morning and was arrested by officers because he was traveling at a high rate of speed, yet no speeding charge was placed against him. Brown was arrested when he was observed leaving a downtown Jacksonville hotel by a police officer seated in a cruiser. The police testified he was reputed to be a thief, narcotics pusher, and generally opprobrious character. The officer called Brown over to the car, intending at that time to arrest him unless he had a good explanation for being on the street.
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