A fifth defendant, Jimmy Lee Smith, was charged with being a "vagabond" under the vagrancy ordinance. He and a companion had been waiting for a friend to lend them a car when he was arrested. It was before 10 a.m. on a weekday. It was a cold morning, so Smith and his companion had walked into a dry cleaning store to wait. The dry cleaning store owners asked Smith and his companion to leave, and they did. Smith and his companion then walked back and forth a few times over a two-block stretch looking for their friend. The dry cleaning store owners became suspicious and contacted the police, who searched the two men. The police found no weapon, but proceeded to arrest them. The arresting officers said they arrested Smith and his companion because they didn't have identification and because they didn't believe their story that they were waiting for a friend. Smith was also a "part-time organizer for a Negro political group" at the time he was arrested.