During the third day of the preliminary hearing, on December 16, 2006, Officer Gino Guerrero stated that Reiser had engaged in a lengthy cat-and-mouse game with surveillance officers who were trailing him on the evening of September 18, 2006. After Reiser left family court in Oakland on the afternoon of September 18, he was trailed by police officers using both cars and an airplane. According to a probable cause statement, Reiser and a male friend "appeared to be conducting countersurveillance" to avoid police by driving at varying speeds, turning down small residential streets, and making abrupt stops.