This section contains the nature of the case and procedural background.

Palmer (D) was observed in a parking lot late at night sitting in a parked car. He was using a two-way radio after discharging a female companion who left his car and entered a front door to an apartment. The police questioned D. D refused to identify his friend. D was not armed. D was then arrested. D gave three different addresses for himself when he was booked at the station. D was convicted under an ordinance which makes it unlawful to be 'found abroad at late or unusual hours of the night, without any visible or lawful business, and without giving a satisfactory account when questioned.'

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