In re Luis E. CA4/1

BACKGROUND

At approximately 5:20 p.m. on August 28, 2014, uniformed San Diego Police

Officer Zach Pfannenstiel was on patrol with another officer, in a marked patrol car, in

the area of 32nd and Commercial in San Diego. They were assigned to the gang

suppression team, which was conducting "saturation patrol, fourth amendment waivers,

[and] probation searches," in certain areas of the city, including the area around 32nd and

Commercial. Pfannenstiel regarded the area as a problem area because of people

drinking and smoking on the trolley platforms, and because citizens had asked the police

to specifically monitor the local trolley stops and platforms. Pfannenstiel knew those

particular stairs were a "hangout" and they often checked the stairway to see whether

there were individuals sitting in the middle of the stairs, blocking pedestrian traffic.

As he was patrolling, Pfannenstiel saw three individuals sitting in the middle of

the stairway that connects the Imperial Avenue sidewalk and the raised trolley platform.

The three individuals appeared young, between the ages of 17 to 20 years old. They were

blocking the stairway and smoking. There was no ashtray located near…