{"id":58836,"date":"2024-09-07T11:23:26","date_gmt":"2024-09-07T16:23:26","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58836"},"modified":"2024-10-02T11:14:51","modified_gmt":"2024-10-02T16:14:51","slug":"ca8-no-individualized-pc-to-arrest-all-protestors-in-a-group","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=58836","title":{"rendered":"CA8: No individualized PC to arrest all protestors in a group"},"content":{"rendered":"\n<p>Probable cause as to a group of people involved in a protest sweeps too broadly. Ybarra requires probable cause as to individuals. It was not reasonable to believe everyone in this particular group was violating the law. They couldn\u2019t be described as \u201ca unit\u201d of protesters. As to cell phone seizures, there was no individual justification for seizing these phones. The fact there may have been videos or pictures of property description or violence isn\u2019t enough to take all that they did. <a href=\"https:\/\/ecf.ca8.uscourts.gov\/opndir\/24\/09\/232220P.pdf\">Dunn v. Does 1-22<\/a>, 2024 U.S. App. LEXIS 22544 (8th Cir. Sep. 5, 2024), corrected, 2024 U.S. App. LEXIS 24778 (8th Cir. Sep. 30, 2024).<\/p>\n\n\n\n<p>The dashcam video wasn\u2019t perfect, but it was corroborative of the officer\u2019s testimony about defendant\u2019s traffic offense that led to the stop. United States v. Torres, 2024 U.S. Dist. LEXIS 159071 (N.D. W.Va. Sep. 4, 2024).*<\/p>\n\n\n\n<p>The dashcam video corroborated the officer that the window tint was too dark to see in the car at all, and the driver had to be instructed to lower the window. United States v. Goulbourne, 2024 U.S. Dist. LEXIS 159165 (S.D.N.Y. Sep. 3, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Probable cause as to a group of people involved in a protest sweeps too broadly. Ybarra requires probable cause as to individuals. It was not reasonable to believe everyone in this particular group was violating the law. They couldn\u2019t be &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=58836\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[50,20,35],"tags":[],"class_list":["post-58836","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-probable-cause","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58836","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=58836"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58836\/revisions"}],"predecessor-version":[{"id":59000,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58836\/revisions\/59000"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58836"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58836"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58836"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}