Brown

I. FACTS AND PROCEDURAL BACKGROUND

A. Facts of the Offense2 On July 13, 2016, around 11:30 p.m., San Jose Police Department Officer Nader Yasin, working in uniform, observed Brown loitering in an area known for prostitution. Brown walked away from the officer and began talking on her cell phone. The officer

2 These facts are taken from the police report, which was the basis of Brown’s guilty plea. 2 followed Brown and eventually spoke with her. Brown acknowledged to the officer that she was working as a prostitute but hadn’t had any “dates” yet. When the officer asked Brown if she had any condoms, she showed him four. The officer gave Brown Miranda warnings (see Miranda v. Arizona (1966) 384 U.S. 436); she waived those rights and gave a statement to the officer acknowledging loitering for purposes of prostitution. Officer Yasin did not secure a search warrant at any point in his investigation of Brown. B. Proceedings in the Trial Court On July 13, 2016, Brown was charged by citation with one violation of section 653.22, subdivision (a), misdemeanor loitering with the intent to commit prostitution. She was arraigned on December 22, 2016. On January 19, 2017,3 Brown filed a motion…