People v. Mercurio CA1/2

BACKGROUND

On the evening of October 12, 2023, Donna Wilson returned home from the airport to find an individual, later identified as Mercurio, “slumped over and sleeping” in the front passenger seat of her daughter’s car and called the police. Around 9:50 p.m., San Mateo County Deputy Sheriff Brian Brandt responded in a marked patrol vehicle without activating the car’s lights or siren; Brandt parked approximately 50 feet from the Wilson’s driveway where he “met up with two other deputies, Deputy Johnson and Deputy Del Selva,” who arrived separately. All three deputies were in uniform. Upon approach, Brandt, Del Selva, and Johnson observed Mercurio asleep or unconscious in the front passenger seat of the car. The deputies illuminated the interior of the car with flashlights, but Mercurio did not react or respond. The deputies “formulated a plan” to quickly remove Mercurio from the vehicle to prevent Mercurio from barricading himself inside or using a weapon. Del Selva opened the front passenger door and reached for Mercurio’s left arm while Brandt and Johnson reached for Mercurio’s right arm; Brandt “simultaneously” announced “sheriff’s office” twice. As the officers attempted…