Waco Biker Arrests Create Civil Liability for City

We have been watching the Waco Twin Peaks biker shootout with interest. From the outset, this mass arrest seemed to have some problems, and now that more information has come to light, the City of Waco has opened itself up to serious civil liability. Why? Because this is a textbook example of mass arrests without individual probable cause.

At the heart of every arrest, there must be probable cause. Now, of course, probable cause is a very low standard that can usually be met, but not likely in this case. From what is currently known, the Waco Police Department decided that (nearly) all of the bikers at the Waco Twin Peaks restaurant were guilty by association – in a typical act first, ask questions later fashion.

One attorney has coined the WPD’s actions as “fill-in-the-blank” warrants, which surely could not pass constitutional muster for all 177 arrestees… that is, unless all 177 arrestees were actually in an all out brawl. Apparently, the individuals had even been interviewed separately, so that in theory, Waco actually had the time to craft probable cause affidavits that would have applied to each individual.

Strip these people of their motorcycles and leather vests and this scene could easily have played out in a family reunion setting or a protest. Just because you have the same last name or happen to be attending a giant protest doesn’t automatically make your guilty by association with a few bad seeds. Now stick those people in jail for a month, add a first degree felony, and have several lose their jobs. That creates a recipe for disaster.