People v. Harper CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

A. Initial Detention and Arrest On January 29, 2024, at approximately 12:19 p.m., San Diego Police Officer Miguel Gonzalez was driving in his patrol car down an alleyway near a CVS store on Grand Avenue when he saw two people sleeping underneath blankets. This was an area known for loitering, and there were two “no loitering” signs posted on the CVS building in that alley. Officer Gonzalez stopped to contact the two individuals for loitering. As he got closer, he was able to see their faces, and he recognized the man as Harper and the woman next to him as B.R. Officer Gonzalez had encountered the two of them 20 or 30 times before. In the past he had arrested them together, and had cited both of them for possessing drug paraphernalia. Officer Gonzalez had previously contacted them in that same spot by the CVS and had told them to leave. On this occasion Harper and B.R. were sleeping under a blanket. Officer Gonzalez woke them up to make sure they were okay. He said “hi” and asked what they were doing. Harper answered they were sleeping. Officer Gonzalez believed Harper and B.R. looked “a little lethargic.” He moved the blanket “a little bit”…