State v. Martin

For an arrest for unlawful prostitution procurement activity (UPPA), the officer must have a substantial objective basis for believing that, more likely than not, the defendant had engaged in conduct constituting a substantial step in furtherance of an act of prostitution.

Martin appealed her conviction for unlawful prostitution procurement activity (UPPA) arguing that the trial court erred by allowing that was obtained resulting from an unlawful stop. Martin was at night for about an hour along a street in a high-vice area, repeatedly looking over her shoulder at the passing traffic. She did not contact any male motorists or pedestrians. At one point, a pickup truck stopped close to her, and she took a few steps toward it, but then stopped when she appeared to recognize an officer's unmarked patrol car that was following her. The officer stopped and arrested her for UPPA and attempted prostitution. On appeal, Martin argued that the officer lacked reasonable suspicion to stop her. Because all of the evidence that Martin sought to suppress was discovered after the arrest, the Court of Appeals held that the dispositive question was whether the arrest violated Article I, section 9--whether the officer had a substantial objective basis for believing that, more likely than not, Martin had engaged in conduct constituting a substantial step in furtherance of an act of prostitution. Here, based on the totality of the circumstances, the officer lacked a substantial objective basis for such a belief. Reversed and remanded.