Choudhry

I. BACKGROUND

Just after midnight on February 7, 2005, San Francisco Police Officers Silver and Chan were patrolling Bernal Heights Boulevard. The officers observed a vehicle parked illegally near the entrance of Bernal Heights Park, an area designated as a no-stopping/tow-away zone between the hours of 10 PM and 6 AM every day.1 Because the officers were unable to determine whether the car was occupied, Officer Silver used the police car’s spotlight to illuminate the vehicle from behind. In response to the sudden spotlight, the vehicle’s occupants, Sonja Alvarado (“Alvarado”) and Choudhry, made “hurried movements.” According to Officer Silver, these movements led the officers to believe that either a sexual encounter or “some other possibly illegal act” was taking place. In a declaration filed in opposition to the motion, Offi- cer Silver explained that the officers decided to investigate further and turned on their emergency lights “in order to con- duct an investigatory stop.” Alvarado, the driver of the vehi- cle, turned on the vehicle’s engine and began to pull away. After both police officers exited their patrol car and com- manded her to stop, she did.

While Officer…