Carr v. District of Columbia

I would also reverse the district court and join fully Parts I and III of the court’s opinion. I write separately because I disagree with the probable cause standard the majority uses in Part II. As Supreme Court precedent affirms, the Fourth Amendment requires an individualized showing of probable cause before arrest. The majority unnecessarily calls into question the heretofore straightforward application of that standard in this circuit.

I

The Fourth Amendment provides, in relevant part, “The right of the people to be secure in their persons ... against unreasonable ... seizures, shall not…