Document Type

Blog Post

Publication Date

3-22-2022

Abstract

On January 10, 2020, a San Francisco Superior Court judge, at the request of a San Francisco Police officer, issued an arrest warrant in connection with a residential burglary. Mot. Suppress Evid. Off’d Against Def. Prelim. Hr’g, 6:1-2. The warrant listed suspects to be arrested and described a residence in Oakland that was to be searched. Id. at 3:5-13. The San Francisco Police Department sent a special operations unit to execute the warrant. Id. at 10:13-22. When the officers arrived at the house, they found the suspect as well as other individuals in the house.

One of those individuals was a 19-year-old Black woman named Mariyanna Bryant. Mariyanna was visiting her boyfriend at the residence when the warrant was executed. Id. at 3:12-14. She willingly exited the house and followed the instructions of the police officers as they bound her hands in zip ties. Rptr. Tr. Proceedings at 13:5-11, July 21, 2021. The officer then patted her down for weapons to ensure the safety of the officers on site and—once the officer determined that Mariyanna did not have any weapons—instructed her to sit on the curb and wait while they conducted a thorough search of the residence. Id. at 13:10-15, 14:12-23.

Mariyanna sat on the rough concrete curb in the cold night air as the zip ties cut into her wrists. She sat there for almost four hours while the officers searched the residence. Mot. Suppress Evid. Offered Against Def. at the Prelim. Hr’g, 6:19-20. They recovered weapons, clothing, and other evidence they believed was used during the commission of the crime but did not locate any money. Id. Mariyanna was then instructed to stand by Officer Colleen Fitzpatrick of the San Francisco Police Department. The officer stuck her hands inside Mariyanna’s sweater and pulled out money that was in her bra. Id. at 8:12-13. The officer then put the money into an evidence bag and arrested her.

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