He should have explained that since it’s perfectly OK for him to take a crap there, he was just engaging in the necessary precursor activity, and to arrest him for eating a sandwich is to deny him his right to later poop in public.
“He should have explained that since it’s perfectly OK for him to take a crap there, he was just engaging in the necessary precursor activity, and to arrest him for eating a sandwich is to deny him his right to later poop in public.”
To lawyers, this is an absolutely logical line of defense.