Henry Edward Heath was arrested for being a "common thief" under the ordinance. He had driven up to his girlfriend's home, where police officers were already in the process of arresting another man. When he started to back out of the driveway, the officers told him to stop and get out of his car. He did so, and officers searched him and his car. The officers found nothing but arrested him, charging him with being a "common thief" because that was allegedly his reputation. (Heath's co-defendant, who was not one of the eight defendants in the "Papachristou" case, had been charged with loitering for standing in the driveway; the officers conceded that he was only doing so at their command.)