Kennedy v. Super. Ct. CA1/3

Facts On August 5, 2011, at around 7:30 p.m., Alameda County Sheriff’s Deputy Michael Dalisay saw petitioner drive into the parking lot of a liquor store in San Leandro.

2 There was no one else in the car with petitioner. Petitioner parked in front of the store. His car occupied two parking spaces in the store’s parking lot. Deputy Dalisay recognized petitioner from two previous encounters in which petitioner had been arrested. The deputy recalled that one of the previous encounters occurred earlier in 2011. Deputy Dalisay knew that petitioner’s criminal behavior consisted of driving with a suspended license and reckless driving, but he did not know why petitioner’s license had been suspended. Before making any contact with petitioner, Deputy Dalisay checked to see if petitioner had a suspended license by contacting dispatch. The deputy had no reason to believe petitioner was armed or that he was involved in any drug-related activity. Deputy Dalisay and another officer, Sergeant Schuler, waited until petitioner left the liquor store before approaching him. Sergeant Schuler walked to the driver’s side of the vehicle as petitioner opened the door while Deputy Dalisay approached…