Hernandez

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Factual background 2 Around 11:00 p.m. on June 12, 2022, San Jose Police Officer Matthew McCurdy conducted a traffic stop on a vehicle due to, as he wrote in his report, a non-functioning license plate light and illegally tinted windows. San Jose Police Officers Alvarez 3 and Jack Leglu arrived as “fill officers.” Hernandez was in the front passenger seat of the vehicle and both he and the driver gave McCurdy their identification as requested. McCurdy asked the driver and Hernandez whether either of them were on parole or probation, which they denied. McCurdy ordered both men to exit the vehicle and asserted that because of the low lighting in the area as well as the fact that the men were wearing baggy clothing that concealed their waistbands, he wanted to pat search them. McCurdy searched the driver, while Leglu searched Hernandez and found a “narcotics pipe” in his pocket. As he was searching Hernandez, Leglu began whistling and asked him, “We gonna find anything in the car bro? Cause we’re gonna figure it out. You know what I’m talking about.” McCurdy searched the vehicle and found a backpack within arm’s reach of the passenger…