P.

BACKGROUND

A. Evidence Presented at the Motion to Suppress At 6:08 p.m. on August 28, 2011, San Jose Police Officer Allan delaCruz was on patrol in an area of San Jose known to be a gang neighborhood. Defendant was standing next to a red car. Officer delaCruz pulled up next to defendant, rolled down his window, and asked if defendant knew about a recent homicide. Officer delaCruz noticed that defendant had four dots tattooed on his hand; he knew that this was a symbol of the Norteño gang. He also noticed that defendant wore his hair in a ponytail and that defendant was dirty and unkempt. Officer delaCruz got out of his car to speak further with defendant. He parked his car within 10 feet of defendant but did not block defendant with the car. Officer delaCruz did not draw a weapon or shine a flashlight on defendant, and he walked slowly. He asked defendant “what he was up to.” Defendant replied that he was getting water for his dog. Officer delaCruz asked defendant “if he had any ID.” Defendant said he did, then walked around to the passenger side of the car. He opened the passenger door and began reaching into the car. Officer delaCruz told defendant he did not need to get…