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D.D.C.: Arrests of protestors at second Bush Inaugural without probable cause

By John Wesley Hall, Jr.

The D.C. District Court holds that the arrest of protestors at second Bush Inaugural was without probable cause. Motions for summary judgment of plaintiffs granted and defendants denied for rioting, conspiracy to riot, and parading without a permit. [The District's definition of "riot" is hardly the traditional definition.] There is no showing of individualized suspicion for the arrest of the plaintiffs. Carr v. District of Columbia, 2008 U.S. Dist. LEXIS 46489 (D. D.C. June 17, 2008). See n.14: Moreover, even if the District were correct in its assertion that each of the arrestees was parading without a permit, Barham makes clear that this would not be enough to sustain a mass arrest. As the Court explained, "[a]s a prerequisite to instituting a mass arrest intended to diffuse a volatile demonstration, police must have a valid legal basis for clearing the area...continue to full post

Full post as published by Fourth Amendment on June 19, 2008 (boomark / email).