In re A.P. CA1/3

Background The Masjidul Waritheen mosque stands at the corner of 47th Avenue and Bond Street in Oakland, approximately one block away from Fremont High School. Students from the nearby school frequently loitered, littered and smoked marijuana around the mosque. Fed up with truant students loitering around the mosque, Imam Faheem Shuaibe contacted the school. The school’s principal requested Shuaibe somehow identify the students loitering outside the mosque so the school could notify specific parents.

1 Thereafter, Shuaibe and other mosque attendees began photographing and video- recording the students they observed loitering outside the mosque during school hours. Around 8:15 a.m. on November 5, 2012,1 Shuaibe stood in front of the mosque and observed a group of five high school aged individuals walking from the direction of the school after Shuaibe heard the school bell ring. Shuaibe believed they were truant students and hoped to preserve their identities for reporting to the school, so he began filming the group with his mobile phone. By his side, he kept a three- or four-foot-long thin wooden stick, which he used to fend off stray neighborhood dogs. As the individuals came…