P.

BACKGROUND

On the night of January 20, 2011, San Diego police officers assigned to the gang

suppression team were monitoring a house where several Crips members had gathered

following a funeral for Keith Butler, a fellow Crips member who was murdered. The

2 officers stopped a Lincoln Navigator vehicle with several occupants. They requested

additional backup, which arrived shortly afterwards.

San Diego Police Officer Kris Walb described the manner the officers carried out

the stop: "[M]y job as a cover officer is I am watching everybody's hands inside the car,

making sure nobody does anything, pull a weapon out or try to hide narcotics or anything

to that effect. [¶] . . . [M]y main job is to watch them as they get out of the car to make

sure they don't do anything to the officer on the way out of the car." He continued,

"Before anybody was out of the car, we had everybody put their hands just on the

headrest, so we could see them throughout the whole contact." After police had removed

the front and middle row passengers, Officer Walb used his flashlight and checked the

floor and behind the seats to make sure there was "nothing accessible, knives,…