In Re Elizabeth G

53 Cal.App.3d 725 (1975)

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Nature of the Case

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Facts

Officers Mazzuola and Hughes received information from an anonymous source that two females were working as prostitutes and were taking appointments over the phone. Officer Mazzuola called the number furnished by the source. A female answered the phone and the officer asked for either Theresa or Sherry and the person responded that 'that was them.' Mazzuola asked the female if they could get together and she replied in the affirmative. Another female then came on the line and wanted to know what he wanted. Officer Mazzuola told the second person he had a friend and wanted to know if they could all get together that evening. This second person also agreed. The girls then told the officer they would need a ride and Mazzuola should get a motel room. The officers arrived at the meeting place and a minor and another girl walked up to the car. The girls then got into the car and the foursome proceeded to the Regal 8 Motel. The girls questioned the officers as to whether or not they were policemen, and the officers assured the girls they were not. The minor replied that they did not want to talk about costs until they were in their rooms. Mazzuola told the minor's companion he wanted a 'half-and half,' and was told that it would cost him $ 20. He gave her a $ 20 bill and she started walking toward the bathroom. She told him, however, that she wanted him to undress first so she would know he was not a policeman. Mazzuola then produced his badge and I.D., advised her he was a policeman and that she was under arrest for prostitution. Officer Hughes had his wallet out and was in the process of giving the minor a $ 20 bill when they heard a commotion and a door slam in the adjoining room. The minor then stated that she had changed her mind and wanted to leave. Hughes identified himself as a police officer and advised the minor she was under arrest for prostitution. D stated that she had been turning 'tricks' for the past several months and that it had been her intention to turn a trick that evening; she was trying to earn additional money to help out her family. D claimed that the Police were engaged in selective enforcement of the law by arresting only females for solicitation of prostitution. The statistics show that 95.5 percent arrested were female. D claimed that because there was no money offered she could not have violated section 647, subdivision (b). D was convicted and appealed.