There was no probable cause for defendant\u2019s arrest just because he was around others there was probable cause for. United States v. Sentael, 2026 U.S. Dist. LEXIS 223598 (D. Or. Sep. 30, 2026)*:<\/p>\n\n\n\n\n\n\n\n
\nAs is relevant here, “a person’s mere propinquity to others independently suspected of criminal activity does not, without more, give rise to probable cause to search that person.” Ybarra v. Illinois, 444 U.S. 85, 91 (1979). This mere presence doctrine stands for the principle that probable cause must be “particularized with respect to that person” and that it is insufficient to merely “point[] to the fact that coincidentally there exists probable cause to search or seize another or to search the premises where the person may happen to be.” Id. But the mere presence doctrine is less likely to apply if “attendant facts and circumstances support a fair probability that [the defendant] was linked to the crime of drug trafficking.” United States v. Buckner, 179 F.3d 834, 839 (9th Cir. 1999). Further, where surveillance of suspected criminal activity reveals a “pattern of activity indicating participation in a narcotics transaction,” the court need not consider the “presence or absence of any particular observation alone.” United States v. DelVizo, 918 F.2d 821, 827 (9th Cir. 1990) (citation modified).<\/p>\n\n\n\n
. . .<\/p>\n\n\n\n
In sum, this case is like Robertson. Considering the totality of the circumstances known to Detective Miller and viewed from the standpoint of an objectively reasonable police officer, a prudent person would not have concluded that there was a fair probability that Defendant had committed or was committing a crime. Accordingly, there was no probable cause to arrest Defendant.<\/p>\n<\/blockquote>\n","protected":false},"excerpt":{"rendered":"
There was no probable cause for defendant\u2019s arrest just because he was around others there was probable cause for. United States v. Sentael, 2026 U.S. Dist. LEXIS 223598 (D. Or. Sep. 30, 2026)*:<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[20],"tags":[],"class_list":["post-64917","post","type-post","status-publish","format-standard","hentry","category-probable-cause"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64917","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=64917"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64917\/revisions"}],"predecessor-version":[{"id":64918,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64917\/revisions\/64918"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=64917"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=64917"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=64917"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}