Adjaye

I. BACKGROUND

The Court begins by summarizing Adjaye’s allegations, claims, and efforts to serve the defendants with process. On a motion to dismiss, the Court accepts the plaintiff’s factual allegations as true. See McShannock v. JP Morgan Chase Bank NA, 976 F.3d 881, 886–87 (9th Cir. 2020). A. Allegations While riding on a BART train in 2022, Adjaye came across an unattended backpack. The backpack was black with a brown bottom. From the train, Adjaye called BART’s non- emergency number and reported the unattended backpack. He identified his train and said he would sit by the backpack until he reached his destination. See Compl. ¶¶ 5–7. Twenty-three minutes later, Officer Kevin Cook of the BART Police Department bordered Adjaye’s train. Adjaye asked Officer Cook if he was looking for the unattended

backpack. Officer Cook approached, took the unattended backpack, and searched its pock- ets. Officer Cook then asked to search Adjaye’s backpack, an all-black backpack Adjaye had been wearing. See id. ¶¶ 8–12. Adjaye initially said “no” and asserted his “rights to be free from unlawful searches and seizures, . . . to remain silent, and not be identified/remain anon- ymous if [he]…