P.

I. BACKGROUND

A. Suppression Hearing Testimony The parties developed the historical facts at the suppression hearing through the testimony of Napa Police Officer Nick Dalessi. Officer Dalessi was on patrol with Sergeant Pat Manzer on October 26, 2011, and at approximately 5:30 p.m. they travelled through the Laurel Street Apartments in the 2500 block of Laurel Street. The officers were in an unmarked vehicle. At that time, Officer Dalessi saw a group of men standing around a trash can playing cards and drinking beer.

1 Officer Dalessi parked the car about 20 to 25 feet from the men and he and Sergeant Manzer got out of the car. Both officers were wearing “police raid attire,” with the words “Police” clearly marked on their clothes in several locations. The officers’ badges were displayed on the vests they wore. Officer Dalessi began to walk around the area where the men were playing cards and drinking beer. Officer Dalessi then walked towards the men and essentially “walked in a circle around the group checking to make sure no one had any weapons or contraband or anything.” He saw numerous cans of Budweiser in and around that area and a partially full 18-pack of beer in a…