Clarifying standards in 11th Circuit following District of Columbia v. Wesby, 138 S.Ct. 577 (2018), and
Washington v. Howard, 25 F.4 th 891 (11 th Cir. 2022); “probable cause exists where a
reasonable officer could conclude—considering all of the surrounding circumstances,
including the plausibility of the explanation itself—that there was a substantial chance of
criminal activity,” and “arguable probable cause exists where a reasonable officer,
looking at the entire legal landscape at the time of the arrests, could have interpreted
the law as permitting the arrests in light of the specific context of the case”; any legal
obligation to answer officer’s questions arises from state law and Alabama law requires
only name, address, and explanation of the person’s actions, thus no arguable probable
cause to arrest for obstructing governmental operations by failing to produce physical
identification.
Citation
Actionable Conduct Edition