Is presence at a crime scene alone probable cause

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On May 17, 2015, a shootout between rival biker gangs occurred at Twin Peaks in Waco, Texas. At least 177 bikers were arrested that day and charged with Engaging in Organized Criminal Activity.

  • 9 dead, dozens injured in biker gang shooting at local restaurant

            https://www.kxxv.com/story/29085892/police-respond-to-shooting-between-biker-gangs-at-restaurant

  • Organized crime charges filed against 170 motorcycle gang members after Texas shootout

            https://www.foxnews.com/us/2015/05/19/police-report-multiple-fatalities-after-shooting-in-texas.html

  • Waco Biker Brawl: Man Charged After Deadly Shooting Calls Arrests 'a Sham"

            https://www.nbcnews.com/news/us-news/biker-charged-after-waco-brawl-calls-arrests-sham-n368731

Probable cause is determined by facts and circumstances which would cause a reasonable person to believe a crime has been committed and that a particular person committed that crime.

1. Based on the interview with the couple in the story above, do you believe probable existed for their arrest?

2. Can a person be arrested just for being a member of a criminal gang? Is membership in a criminal gang alone probable cause for an arrest?

3. Is presence at a crime scene alone probable cause for an arrest?

Reference no: EM131383375

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