Garcia on the front porch. Knowing a warrant was out for Mr. Garcia’s arrest, Officer
Devos said, “Cruz, stop.” ROA, Vol. III at 9. Mr. Garcia looked at Officer Devos and
ran inside the house. Officer Devos approached the front porch and told a woman there
to tell Mr. Garcia to come out because there was a warrant out for his arrest. Instead of
coming out the front door, Mr. Garcia ran out the back door and down an alley.
Officer Devos chased Mr. Garcia on foot and finally cornered him. Mr. Garcia
turned toward Office Devos and “took a fighting stance with his fists clenched.” ROA,
Vol. III at 10. Officer Devos deployed his Taser, striking Mr. Garcia in the chest and
abdomen. Shortly thereafter, other officers arrived and took Mr. Garcia into custody.
Mr. Garcia was not armed at any point during this encounter.
On the evening of the traffic stop, Officer Devos decided to pat Mr. Garcia down
for weapons because of (1) his previous encounter with Mr. Garcia, (2) Mr. Garcia’s
criminal history, which included an armed robbery felony, (3) his concern that he was
alone and would have to turn his back to Mr. Garcia while performing the inventory, (4)
Mr. Garcia’s nervousness (as indicated by his avoiding eye contact and fidgeting with his
hands), and (5) Mr. Garcia’s history with drugs.
During the pat down, Officer Devos felt what he thought was a gun magazine in
Mr. Garcia’s front right pocket. He asked what the object was, and Mr. Garcia answered,
“A gun clip.” ROA, Vol. III at 23. Officer Devos asked Mr. Garcia to pull the object out
of his pocket. Mr. Garcia complied and placed a magazine on top of the Hyundai. The
magazine contained seven .380 caliber Winchester cartridges. Officer Devos then