P.
P. v. Bender CA1/4
Opinion
Opinion
FACTS AND PROCEDURAL BACKGROUND
A. Arrest of Appellant and Companions On May 28, 2010, at around 10:00 p.m., five plainclothes officers from the San Francisco Police Department conducted a foot patrol through the Oakdale housing complex in the Bayview district of San Francisco. This was a routine patrol; the officers were not responding to a specific crime report. The officers spotted a group of more than five people on a basketball court at the end of the street, adjacent to the housing complex. The people were not playing basketball. The officers heard voices shouting “Police in the cuts,” and understood the term “cuts” to refer to the footpaths running between the buildings in the complex. As soon as the warning was shouted, the people in the group began running away in different directions, and the officers ran after them. One of the pursuing officers was Luis DeJesus. As DeJesus ran, he soon saw appellant and two other young men emerge from an alley in front of him to the left, roughly 15 feet away. DeJesus knew appellant and his companions, Andrew Whitfield and Tishan Lowe, from prior contacts with them. By the light of his flashlight, DeJesus saw appellant throw a gun into…