Gilliland

I.

FACTUAL AND PROCEDURAL

BACKGROUND3

On the afternoon of August 3, 2017, Henry drove himself and three friends from his home in Oakland to a parking lot on Laurel Creek Drive in Pleasanton, an access point for nearby hiking trails. Henry had smoked marijuana earlier that day, and he claimed not to remember what he was doing at that location. Around 6:50 p.m., Officer Harvey entered the parking lot in his police car to conduct “a patrol check” of the lot, because the area experienced “a lot of vehicle break-ins.” He saw Henry’s blue Nissan Altima parked a few feet from a dark sedan. Two people were standing between the Altima and the dark sedan, and after seeing the police car they ran to the Altima and entered it. Officer Harvey then noticed the dark sedan had a broken window. Henry saw the police car enter the parking lot, after which his friends immediately got back into the Altima. Henry was afraid of the police because “sometimes they racially profile black people and . . . suspect us of doing things.” He decided to leave the parking lot because he thought Officer Harvey might try to talk to him, and he “just [did not] like being around police officers.” Henry specifically…